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CC 1990-02-07 Minutes
,.w-cl Y OF MIAMI, OF ME i ING HEU ON F RRi1ARY 7 _ 1920 REGULAR PREPARED ISY THE OFFICE OF THE CITY CLERK CITY HALL MATTX HIRAI City Clerk - INDEX MINUTES OF RUGULAR MEETING -= CITY COMMISSION OF MIAMI, FLORIDA FEBRUARY 7, 1990 ITEM SUBJECT LEGISLATION PAGE - NO. NO. 1. CONSENT AGENDA 1-4 2/7/90 - 1.1 DESIGNATE APRIL 22, 1990 AS "EARTH DAY R 90-90 4 _ 1990" - TO PROMOTE PRESERVATION OF 2/7/90 GLOBAL ENVIRONMENT AND TO LAUNCH "DECADE OF THE ENVIRONMENT". 1.2 AUTHORIZE $10,000 FROM LAW ENFORCEMENT R 90-91 4 TRUST FUND TO COVER EXPENSES INCURRED 2/7/90 BY THE "COMBAT AUTO THEFT PROGRAM". 1.3 ALLOCATE $10,680 FROM LAW ENFORCEMENT R 90-92 4 TRUST FUND TO ACQUIRE 30 MOTORCYCLE 2/7/90 COMMUNICATION HEADSET SYSTEMS. 1.4 ACCEPT BID: J.R. BUILDER, INC. - FOR R 90-93 4-5 INSTALLATION OF DRINKING FOUNTAINS AT 5 2/7/90 -- CITY PARKS - FOR PARKS DEPARTMENT. 1.5 ACCEPT BID: ZIMY ELECTRONICS, INC. - R 90-94 5 _= FOR UPGRADING FIRE ALARM SYSTEM AT 2/7/90 OVERTOWN SHOPPING CENTER - FOR - DEPARTMENT OF GSA/PROPERTY MAINTENANCE DIVISION. _- 1.6 EXTEND CONTRACT (ONE YEAR) WITH MR. R 90-95 5 TERRY PARKE - FOR BLACKSMITH AND 2/7/90 = FERRIER SERVICES TO MOUNTED PATROL UNIT - HORSES - FOR POLICE DEPARTMENT. - 1.7 ACCEPT BID: OMNI SIGNS - FOR FURNISHING R 90-96 5 NEON SIGN TO POLICE DEPARTMENT. 2/7/90 1.8 ACCEPT GRANT FROM METRO DADE CULTURAL R 90-97 6 AFFAIRS COUNCIL, COMMUNITY GRANTS 2/7/90 i PROGRAM ($4,000) - CONCERNING MIAMI ORGANIZATION OF AMERICAN STATES INTERNATIONAL CONCERT 1989--90 SERIES - = AUTHORIZE NECESSARY AGREEMENTS. 1.9 AUTHORIZE PURCHASE OF ADDITIONAL R 90-98 6 MICROCOMPUTERS AND PERIPHERAL EQUIPMENT 2/7/90 FROM UNISYS CORPORATION - FOR LAW = DEPARTMENT. _ 1.10 AUTHORIZE REVOCABLE PERMIT TO JOB R 90-99 6 _ CELESTIN, INC. - FOR USE OF 1,121 2/7/90 -_ SQUARE FEET IN OVERTOWN SHOPPING CENTER - (1490 N.W. 3 AVENUE). 1.11 AUTHORIZE REVOCABLE PERMIT TO SATELLITE R 90-100 7 BEAUTY SALON, INC. - FOR USE OF 1,200 2/7/90 - SQUARE FEET IN OVERTOWN SHOPPING CENTER (1490 N.W. 3 AVENUE). i 1.12 AUTHORIZE EXECUTION OF PURCHASE AND R 90-101 SALE AGREEMENT BETWEEN CITY OF MIAMI 2/7/90 (PURCHASER), AND CALDWELL BROOKS BARON, INC. AND TROPIC INVESTORS GROUP 1, LTD. (SELLERS) - CONCERNING PROPERTY AT 240 N.W. 9 STREET - IN CONNECTION WITH SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT •- APPROPRIATE NECESSARY FUNDS. 1.13 RESCIND APPOINTMENT OF JOSE VILLALOBOS R 90-102 AS MEMBER OF CITYWIDE COMMUNITY 2/7/90 DEVELOPMENT ADVISORY BOARD. 1.14 AMEND RESOLE*TION 89-1107 - CONCERNING R 90-103 1990 CARNAVAL MIAMI - PROVIDE FOR 2/7/90 CLOSURE OF DESIGNATED STREETS FOR BIKE DASH EVENT. 2. (A) DISCUSSION RELATING TO INTERIM DISCUSSION PROPRIETARY AND GENERAL SERVICE FEES. M 90-104 (SEE LABELS 36 AND 46) 2/7/90 (B)CONVEY TO ADMINISTRATION CITY COMMISSION'S POSITION THAT IT DOES NOT VIEW WITH FAVOR THE INDISCRIMINATE GRANTING OF EXTENSIONS OF TEMPORARY CERTIFICATES OF OCCUPANCY BEYOND INITIAL 90-DAY PERIOD (See labels 36 and 46). 3. ACCEPT BID: MINORITY SYSTEMS, INC., AND R 90-105 SEALAND CONTRACTORS, INC. - FOR 2/7/90 SWIMMING POOL RENOVATIONS AT SHENANDOAH AND WEST END PARKS, WITH PROVISO. 4. (A) STIPULATE CITY COMMISSION'S FIRM M 90-106 RESOLVE NOT TO RENEW LEASE AGREEMENT M 90-107 WITH PRESENT ADMINISTRATION OF CUBAN M 90-108 MUSEUM. 2/7/90 (B) DIRECT MANAGER TO IDENTIFY ALTERNATE CITY -OWNED LOCATION TO BE USED BY NEW ORGANIZATION FORMED BY FRIENDS OF THE CUBAN MUSEUM - TO BEGIN OPERATIONS AND PURSUE GOALS AND OBJECTIVES WHICH WOULD MORE ACCURATELY PROJECT THE SPIRIT OF THE CITY COMMISSION'S INTENTIONS FOR THE CUBAN MUSEUM - MANAGER TO COME BACK WITH RECOMMENDATIONS. (C) ACCEPT OFFER OF MR. A. J. BARRANCO, CHAIRMAN OF METRO-DADE CULTURAL ARTS COUNCIL, TO MEDIATE AND ASSIST IN NEGOTIATING RESOLUTION OF CURRENT DISPUTE BETWEEN PRESENT ADMINISTRATION OF CUBAN MUSEUM AND A SECOND GROUP FORMED BY FRIENDS OF THE CUBAN MUSEUM. 5. SECOND READING ORDINANCE: AMEND 10642 - ORDINANCE INCREASE APPROPRIATION ($1,500,000) FOR 10702 LOCAL DRAINAGE PROJECT FY 189-FY'90 2/7/90 (project no. 352267). 6. SECOND READING ORDINANCE: AMEND ORDINANCE 10642 - INCREASE APPROPRIATIONS FOR 10703 PROJECT: ACQUISITION OF COMPUTERS AND 2/7/90 ASSOCIATED PERIPHERALS (PROJECT 311012). 7 7 1.1 8-24 24-27 28-56 56-58 59 11 11 7. SECOND READING ORDINANCE: AMEND CODE ORDINANCE 60 SECTIONS 54-101 AND 54.5-12(D)(4) - 10704 CLARIFY STANDARD STREET WIDTHS FOR 2/7/90 PUBLIC STREETS - ADD DESIGN STANDARDS FOR ONE-WAY PRIVATE STREETS. 8. FIRST READING ORDINANCE: AMEND CODE ORDINANCE 60-61 SECTION 14-27(b) - ELIMINATE FIRST READING REQUIREMENT THAT DOWNTOWN DEVELOPMENT 2/7/90 AUTHORITY BOARD MEMBERS POST $10,000 BONDS. 9. (A) DISCUSS AND DEFER CONSIDERATION OF M 90-109 61-70 MIAMI SPORTS AND EXHIBITION AUTHORITY'S DISCUSSION FINANCIAL ANALYSIS TO MEETING OF 2/7/90 FEBRUARY 15TH - MANAGER TO RECOMMEND AND REPORT AS TO WHETHER SPORTS AUTHORITY'S OFFICES COULD BE RELOCATED AND JOINED WITH DOWNTOWN DEVELOPMENT AUTHORITY'S EXISTING OFFICES. (B) BRIEF DISCUSSION CONCERNING THE OFFICE OF INDUSTRIAL ENGINEERING. 10. BRIEF DISCUSSION ON WITHDRAWAL OF DISCUSSION 71-75 AGENDA ITEMS 9 AND 10: (a) PROPOSED 2/7/90 RESOLUTION AUTHORIZING ADMINISTRATION TO PROCEED WITH DESIGN AND CONSTRUCTION OF "ORANGE BOWL MODERNIZATION - PHASE II" (PROJECT 404238), & (b) PROPOSED RESOLUTION ESTABLISHING CHARGES, TERMS AND CONDITIONS FOR USE OF ORANGE BOWL. 11. DISCUSS AND TEMPORARILY TABLE PROPOSED DISCUSSION 76 RESOLUTION TERMINATING LEASE AND 2/7/90 DEVELOPMENT AGREEMENT WITH ODESSA, LTD., AS TENANT (BLOCK 55 OF SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT - See label 30). 12. DISCUSS AND DEFER REQUESTED M 90-110 77-85 AUTHORIZATION TO ACCOMPLISH REFUNDING 2/7/90 OF CITY'S OUTSTANDING SPECIAL OBLIGATION BONDS (SERIES '85) AND ISSUANCE OF CITY'S SPECIAL OBLIGATION REFUNDING BONDS (SERIES 190) ($15,000,000). 13. REJECT COUNTEROFFER PROPOSED BY R 90-111 85-106 BROTHERS OF THE GOOD SHEPHERD, INC. - 2/7/90 FOR ACQUISITION OF LEASEHOLD INTEREST IN PROPERTY AT 700-728 N.E. 1 AVENUE, AND FEE SIMPLE INTEREST IN PROPERTY AT 732-740 N.E. 1 AVENUE ("CAMILLUS HOUSE") - OFFER TO PURCHASE CAMILLUS HOUSE FOR $1.2 MILLION, WITH STIPULATIONS. 14. APPOINTMENT TO MIAMI RIVER COORDINATING R 90-112 106-107 COMMITTEE (Reappointed was: Lou 2/7/90 Waldmann). 15. APPOINTMENTS TO ZONING BOARD (Appointed R 90-113 107-108 was: Arsenio Milian; reappointed was: 2/7/90 Osvaldo Moran). 16. APPOINTMENTS TO PLANNING ADVISORY BOARD R 90-114 108-109 (Reappointed was: W. Tucker Gibbs; one 2/7/90 appointment is still pending). 17. DISCUSS AND WITHDRAW CONSIDERATION OF DISCUSSION 109 PROPOSED APPOINTMENT TO THE OFFICE OF 2/7/90 PROFESSIONAL COMPLIANCE ADVISORY PANEL. (Note: This item comes up again and some appointments are ultimately made - See labels 18B, 19, 23 and 25.) 18. (A) APPOINT CERTAIN INDIVIDUALS TO M 90-115 110-112 URBAN DEVELOPMENT REVIEW BOARD DISCUSSION (Appointed were: Bob Chisholm and 2/7/90 Humberto Alonso, Sr.) (B) (Continued Discussion) DISCUSS PROSPECTIVE APPOINTEES TO OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL (See label 19). 19. (Continued Discussion) APPOINTMENTS TO M 90-116 112-113 OFFICE OF PROFESSIONAL COMPLIANCE 2/7/90 ADVISORY PANEL (Appointed were: Dewey Knight, III and Ralph Garcia Toledo - Sec label 17, 18B, 23 and 25). 20. SELECT MEMBER TO BOARD OF TRUSTEES OF R 90-117 113-116 CITY OF MIAMI GENERAL EMPLOYEES' AND 2/7/90 SANITATION EMPLOYEES' RETIREMENT TRUST (Selected was: Hector Serrano). 21. APPOINTMENTS TO CITYWIDE COMMUNITY R 90-118 117-118 DEVELOPMENT ADVISORY BOARD (Appointed 2/7/90 were: Carlos Rodriguez Quesads, Josie Poitier, Josie Gonzalez, Tom Post, Ann Marie Adker & Father Gerard Darbouze; one appointment is still, pending.) 22. APPOINTMENTS TO CODE ENFORCEMENT BOARD R 90-119 118-120 (Appointed were: Julie Gonzalez Rebull, 2/7/90 Jr., Carlos Arboleya, Jr., and Daniel Perez-Zarraga - See label 24). 23. (Continued Discussion) APPOINTMENT TO M 90-120 120 OFFICE OF PROFESSIONAL COMPLIANCE 2/7/90 ADVISORY PANEL (Appointed was: Lt. Frank Christmas. Note: Lt. Christmas was appointed as a substitute for Gerald Darling.) See labels 17, 18B, 19 and 25). 24. (Continued Discussion) CREATE A SECOND M 90-121 121-122 CODE ENFORCEMENT BOARD COMPOSED OF 2/7/90 SEVEN MEMBERS - DIRECT CITY ATTORNEY TO DRAFT APPROPRIATE LEGISLATION (See label 22). 25. (Continued Discussion: APPOINTMENT TO R 90-122 122-123 OFFICE OF PROFESSIONAL COMPLIANCE 2/7/90 ADVISORY PANEL (Appointed was: John Shubin, Esq. Note: Mr. Shubin was appointed to replace Manolo Minagorri.) (.See labels 17, 18B, 19 and 23). 26. RATIFY MANAGER'S FINDING OF EMERGENCY R 90-123 123-126 IN THE REMOVAL OF PCB CONTAMINATED 2/7/90 TRANSFORMERS AND DEBRIS SURROUNDING CITY'S PROPERTY MAINTENANCE DIVISION AREA - AUTHORIZE ISSUANCE OF PURCHASE ORDER TO RESOURCE RECOVERY OF AMERICA. 27. APPROVE MODIFICATION TO PRIOR AGREEMENT R 90-124 126-132 BY AND BETWEEN CITY OF MIAMI, SWIRE 2/7/90 PACIFIC HOLDINGS, INC., VIZCATRAN, LTD. = AND OCEAN BANK OF MIAMI - CONCERNING DEVELOPMENT OF ELDERLY OR HANDICAPPED HOUSING ON VIZCATRAN SITE (VIZCAYA - METRORAIL) - ALLOW VIZCATRAN LTD, TO WITHDRAW MONIES FROM ESCROW ACCOUNT AT OCEAN BANK, SUBJECT TO PROVISO. 28. GRANT REQUEST BY HEALTH CRISIS NETWORK R 90-125 132-03 m FOR STREET CLOSURE CONCERNING "AIDS 2/7/90 - MARCH MIAMI" EVENT. 29. DISCUSSION BY REV. RICHARD DUNN OF DISCUSSION 134-135 DRAKE MEMORIAL BAPTIST CHURCH 2/7/90 CONCERNING LAND ACQUISITION APPRAISAL FOR THEIR PROPERTY AT 5800 N.W. 2 AVENUE. - 30. (Continued Discussion) APPROVE R 90-126 135-142 _ TERMINATION OF LEASE AND DEVELOPMENT 2/7/90 AGREEMENT BETWEEN ODESSA, LTD, AND THE _ CITY OF MIAMI - FOR BLOCK 55 OF SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT (CIRCA BARNESS) (Sea label 11). 31. DISCUSSION WITH THE TASK FORCE AGAINST DISCUSSION 142-146 GRAFFITI CONCERNING PROJECT TO 2/7/90 ELIMINATE GRAFFITI - SUGGEST COOPERATION BETWEEN THE TASK FORCE AND - MORTY FREEDMAN OF THE MIAMI BEAUTIFICATION COMMITTEE. _ 32. BEGIN NEGOTIATIONS WITH WYNWOOD R 90-127 147-150 COMMUNITY ECONOMIC DEVELOPMENT 2/7/90 - CORPORATION CONCERNING MULTI -FAMILY HOUSING DEVELOPMENT (N.W. 36 STREET BETWEEN N.W. 3 AND 1 AVENUES), WITH -� PROVISO. 33. (A) GRANT REQUEST FROM DOWNTOWN R 90-128 151-173 BUSINESS ASSOCIATION - AUTHORIZE STREET M 90-129 CLOSURES FOR AN EXHIBITION TENNIS MATCH R 90-130 ON MARCH 13TH BETWEEN GABRIELA SABATINI 2/7/90 AND MARY JO FERNANDEZ. (B) DIRECT CITY MANAGER TO REQUEST METRO-DADE COUNTY TO COME BEFORE CITY COMMISSION TO DEMONSTRATE HOW THEY ARE ADDRESSING THE HOMELESS PROBLEM - IF NO R RESPONSE, CITY WILL BE FORCED TO FILE LAW SUIT. (C) AUTHORIZE CITY MANAGER TO APPLY FOR FEDERAL GRANT ($292,000) PRIMARILY EARMARKED FOR BETTER WAY AND BECKHAM HALL. 34. DISCUSSION WITH DR. WILLIAM PERRY DISCUSSION 173-182 - REGARDING VARIOUS ISSUES CONCERNING THE 2/7/90 FIRE DEPARTMENT. 35. GRANT REQUEST FOR CLOSURE OF DESIGNATED R 90-131 182-183 - STREETS CONCERNING MONTY TRAINER'S 2/7/90 - HOMECOMING PARTY. _ 36. (Continued Discussion) DISCUSSION AND DISCUSSION 184 TEMPORARILY DEFERRAL CONCERNING INTERIM 2/7/90 _ PROPRIETARY AND GENERAL SERVICE FEES a (See labels 2 and 46). b 37. (A) GRANT REQUEST FOR CLOSURE OF R 90-132 DESIGNATED STREETS CONCERNING THE MARCH M 90-03 OF DIMES WALKAMERICA EVENT. 2/7/90 (B) GRANT FEE WAIVER FOR USE OF CERTAIN PARKS AND RESTRICTION OF RETAIL PEDDLERS. 38. DISCUSSION CONCERNING USE OF MANUEL DISCUSSION ARTIME PERFORMING ARTS CENTER BY 2/7/90 CREATION BALLET FOR THE PREMIERE OF TWO CUBAN BALLETS. 39. DISCUSSION BY REPRESENTATIVES OF DISCUSSION OVERTOWN ADVISORY BOARD CONCERNING TAX 2/7/90 INCREMENT FINANCING - REFER TO MANAGER FOR REVIEW AND RECOMMENDATION. 40. DISCUSSION CONCERNING FUNDING REQUEST DISCUSSION FROM CAMARA DE TURISMO DE LAS AMERICAS 2/7/90 (CHAMBER OF TOURISM OF THE AMERICAS) FOR A PORTION OF THE CITY'S 2 PERCENT TOURISM ROOM BED TAX MONIES. 41. (A) DISCUSSION CONCERNING FEASIBILITY DISCUSSION OF CONDUCTING FUTURE CITY COMMISSION 2/7/90 MEETINGS IN DIFFERENT COMMUNITY NEIGHBORHOODS. (B) DIRECT ADMINISTRATION TO REQUEST TELECOMMUNICATIONS, INC. (TCI) TO RECORD AND KEEP A VIDEO OF CITY COMMISSION MEETINGS. 42. DISCUSSION CONCERNING IMPLEMENTATION OF DISCUSSION A COMMISSION AWARENESS PROGRAM. 2/7/90 43. DISCUSSION CONCERNING REQUEST FROM DISCUSSION WEEKLY MAGAZINE "PATRIA" FOR A GREATER 2/7/90 SHARE OF CITY'S ADVERTISING. 44. REQUEST MANAGER TO HAVE SURVEYORS COME DISCUSSION BACK WITH A CONSTRUCTION AUDIT ON THE 2/7/90 BAYFRONT PARK PROJECT. 45. DISCUSSION CONCERNING PROPOSED ST. HUGH DISCUSSION OAKS AFFORDABLE HOUSING PROJECT. 2/7/90 46. (Continued Discussion) EMERGENCY ORDINANCE ORDINANCE: AMEND CODE SECTIONS 45A-3 10705 AND 45A-7 CONCERNING INTERIM 2/7/90 PROPRIETARY AND GENERAL SERVICES FEES - CLARIFY FEE PAYMENT PERIOD AND MODIFY EXEMPTIONS (See labels 2 and 36). 47. (A) MODIFY LEASE AGREEMENT WITH R 90-134 METROPOLITAN DADE COUNTY - PROVIDE FOR R 90-134.1 USE OF LARGER PORTION OF HENDERSON PARK 2/7/90 FOR CONSTRUCTION OF PUBLIC HEALTH CLINIC. (B) APPROVE LEASE AGREEMENT FOR CONSTRUCTION OF PUBLIC HEALTH CLINIC FOR CULMER SITE. 48. CONFIRM ZONING BOARD'S DECISION - GRANT R 90-135 SPECIAL EXEMPTION FROM 9500 TO 2/7/90 CONSTRUCT SURFACE PARKING LOT AS EXCESS PARKING CONCERNING PROPOSED RESTAURANT (VICTOR'S CAFE) TO BE LOCATED AT 2340 S.W. 32 AVENUE. 185-187 187-186 189-194 195-200 201-206 207-209 210-214 214-215 215-223 224 225-235 236-243 r _ 49. DISCUSS AND TEMPORARILY TABLE PROPOSED DISCUSSION 243-244 SECOND READING ORDINANCE AMENDING 2/7/90 SCHEDULE OF DISTRICT REGULATIONS OF 9500 - TO CHANGE UNIT DENSITY CAP, DELETING STORIES, ADDING NEW ZONING DISTRICT CLASSIFICATION OF "CON. CONSERVATION" BY AMENDING AT LAST, etc. (See label 51). 50. DISCUSS AND TEMPORARILY TABLE CLARIFICATION OF LEGISLATIVE INTENT OF MOTION 89-918 - REVOCATION OF PERMIT PREVIOUSLY GRANTED TO MUNICIPAL TRUST FUND CORPORATION FOR USE OF FERN ISLE NURSERY SITE, GRANTING APPROVAL, INSTEAD, FOR MUNICIPIO'S USE OF ALTERNATE SITE AT N.W. 22 AVENUE AND 11 STREET (See label 52). 51. (Continued Discussion) BRIEF DISCUSSION AND CONTINUANCE TO FEBRUARY 15TH MEETING PROPOSED SECOND READING ORDINANCE AMENDING SCHEDULE OF DISTRICT REGULATIONS OF 9500 - TO CHANGE UNIT DENSITY CAP, DELETING STORIES, ADDING NEW ZONING DISTRICT CLASSIFICATION OF "CON. CONSERVATION" BY AMENDING ATLAS, etc. (See label 49). 52. (Continued Discussion) DISCUSS AND CONTINUE TO FEBRUARY 15TH MEETING CLARIFICATION OF LEGISLATIVE INTENT OF MOTION 89-918 - REVOCATION OF PERMIT PREVIOUSLY GRANTED TO MUNICIPAL TRUST FUND CORPORATION FOR USE OF FERN ISLE NURSERY SITE, GRANTING APPROVAL, INSTEAD FOR MUNICIPIO'S USE OF ALTERNATE SITE AT N.W. 22 AVENUE AND 11 STREET (See label 50). 53. (A) AUTHORIZE EXECUTION OF CONSENT FOR COLLATERAL ASSIGNMENT OF CONCESSION AGREEMENT FROM TERREMARK AT DINNER KEY, INC. TO FLORIDA INTERNATIONAL BANK. (Note: This action was immediately rescinded - See label 53 W . (B) RECONSIDER PREVIOUSLY PASSED RESOLUTION WHICH HAD AUTHORIZED CONSENT FOR COLLATERAL ASSIGNMENT OF CONCESSION AGREEMENT FROM TERREMARK AT DINNER KEY, INC. TO FLORIDA INTERNATIONAL BANK - CONTINUE CONSIDERATION OF THIS ISSUE TO NEXT COMMISSION MEETING. DISCUSSION 2/7/90 DISCUSSION 2/7/90 DISCUSSION 2/7/90 R 90-136 M 90-137 2/7/90 244-246 247-249 249-251 252-255 LL. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 7th day of February, 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 9:09 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez ABSENT-. Commissioner J.L. Plummer ALSO PRESENT: Cesar Odic, 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. NOTE FOR THE RECORD: Mayor Suarez announced that Commissioner Plummer would not be present until 9:30 a.m. Item 2 will be defferred until he arrives. 1. CONSENT AGENDA Mayor Suarez: Item one is actually item CA-1 through CA-20 which is our consent agenda and... Mr. Odio: Sir... Mayor Suarez: Yes? Mr. Odio: We need to withdraw items CA-3 and CA-7. Commissioner Dawkins requested that it be pulled and discussed in the next Commission meeting. Mayor Suarez: OK, if there's no other Commissioner that wants to have any clarification on those or explanation or if the administration does not require that we take those up, they are withdrawn from the agenda. Commissioner Alonso, you wanted to address that? Commissioner Alonso: Yes, CA-11, I think that it should be pulled because Minority System, Inc., filed for bankruptcy. Mayor Suarez: Ah. Mr. Luis Prieto: Mr. Commissioner, we were intending to pull the item but after we consulted on the matter, its determined that they're under Chapter 11 and under reorganization, they presumably could do the work and we'd rather not award 1t just in case we run into some legal problem. r 1 February 7, 19,90 Commissioner Alonso: I don't feel comfortable that we have this, so fine. Mayor Suarez: If they're in Chapter 11, that does have a lot of implications. =-- I don't know, Doctor, if you want to try to advise us that we ought to take the matter up in any event for some emergency reason, but I think Commissioners duly concerned about somebody being under the guidance of a - fudge as to all their operations. -- Mr. Prieto: Yes, air, I agree. We just learned about it yesterday. We're going to ask the Legal Department for help on this. Mayor Suarez: Very good, OK, so we have now withdrawn - Commissioner Dawkins, your items once again, I'm sorry, were which? Vice Mayor Dawkins: Three and seven. Mayor Suarez: Items CA--3... Vice Mayor Dawkins: And seven. Mayor Suarez: ...CA-7, and CA-11 for future consideration at a later agenda and so we've got, other than those three, we have items CA-1 through CA-20 which are the consent agenda. We will take these up collectively in one vote unless someone steps forward and asks to be heard on any of these. (AUDIO SYSTEM DIFFICULTY - SYSTEM) I think the Lord God above is trying to tell us something here. Ms. Hirai: He's taking care of it, I think, Mr. Mayor, about this small problem. There's a gentleman taking care of it. Mayor Suarez: I don't understand what you're saying, Madam City Clerk. Ms. Hirai: The Communications Department is taking care of this problem with the microphone. Mayor Suarez: Oh, this problem. Ms. Hirai: Yes, of this problem. Mayor Suarez: You know, I went to a small city at the invitation of La Junta Patriotica last Sunday and Elizabeth, New Jersey, and they have much better mikes than we have, can we... and not only that, they're the ones that stand up so that if you stand up, they kind of, you know, can reach normally sized person and maybe we ought to be considering, Madam City Clerk... Ms. Hirai: Thank you, thank you. Mayor Suarez: . . . I don't know how many these have been here, but I know Commissioner Dawkins and I, among others, have had problems with our particular equipment. I think we get assigned the two worst ones. He's got one that kind of leans over and comes out when it wants to. OK, so with the exception of... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: ...CA-3, 7, and 11, we will take a vote unless anyone steps forward and asks to have any of those items be heard individually. Let the record reflect - yes, ma'am. Ms. Brenda Meyerson: Thank you. Yes, I'd just like to thank you for putting - the issue of Earth Day on the City agenda. We think that this is a very serious... - s Mayor Suarez: We need your name too, please. Ms. Meyerson: Oh, I'm sorry. My name is Brenda Meyerson and I'm working with the committee for Earth Day, 1990, and I very seriously want to thank the City of Miami for passing this resolution and for working with us to have a -- successful Earth Day in Dade County that there is very serious work to be done in the area of the environment, if we are to have a safe and sustainable planet and I brought some information about the principals that people across the nation are committing themselves to, the Valdez Principle and the Green 2 February 7, 1990 r - Pledge, which is being done nationwide to distribute to the Commission and we are working with your offices about... Mayor Suarez: When is the date? -June... `-- Ms. Meyerson: The date is April 22nd. Mayor Suarez: Ah, OK. Ms. Meyerson: It's actually the 20th anniversary of the very first Earth Day. Mayor Suarez: Mr. Manager, one of the things that came up, an idea that came up through the contact that I had was to possibly have an exhibit in connection with Earth Day that would show our efforts to do recycling in the City and begin that educational process. The other one that came up and I forget who the contact person is in the state, is to have an exhibit again to illustrate and inform people of the Youth Conservation Corps in the State of Florida. You know, that's been implemented, I think Commissioner Dawkins had something to do with that legislation being passed, but it's not being implemented in Miami, unfortunately, only in other parts of the State. Possibly because there's not that much funding for it. We'd like to see our youngsters also participate in that program and benefit from the employment that results from that so - what item is that, by the way? Is that CA... Ms. Meyerson: It's number one on your agenda and we represent a wide range of — environmental groups, all of which wish to participate in Earth Day. Mayor Suarez: OK, very good. And, of course, there are logistics to be worked out in terms of the facility to be used, I understand the latest idea is to try for Bayfront Park and Commissioner Plummer is not here, so you might want to bring that to his attention. OK, we have item CA-1 through 20 with =, the exceptions of 3, 7, and 11. I'll entertain a motion on those. Vice Mayor Dawkins: Move. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? Vice Mayor Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins, Vice Mayor. Vice Mayor Dawkins: Again, we're spending $10,719... Mayor Suarez: Don't tell me computers. Vice Mayor Dawkins: ...for computers. Mayor Suarez: They run our lives. Vice Mayor Dawkins: And, yes, but, and you just keep running it, you don't care where you put it. This time, we're charging it to the Law Department, but it's still buying $10,000 more worth of computers. Mayor Suarez: I'm glad you're keeping a running tally. There is a point in the life of any organization, Mr. Smith, where the amount of money you're spending on computers is just not warranted by the need for information storage, data retrieval, or the thing the computers were actually invented for in the first place, calculations. And that we're spending more money on computers than we would on having the equivalent human beings processing that data and keeping track of it in the good old fashioned way with, you know, little files and all that. And I hope that somebody is keeping track of how we're spending this money other than Commissioner Dawkins who barely has the time to keep track of all the other things we deal with here. All right, we have a motion and a second. Any discussion? If not, please call the roll. ON MOTION DULY MADE BY VICE MAYOR DAWKINS AND SECONDED BY COMMISSIONER ALONSO, THE CONSENT AGENDA, WITH ABOVE EXCEPTIONS, WAS PASSED BY THE FOLLOWING VOTE: 3 February 7, 1990 AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner .7. L. Plummer, Jr. 1.1 DESIGNATE APRIL 22, 1990 AS "EARTH DAY 1990" - TO PROMOTE PRESERVATION OF GLOBAL ENVIRONMENT AND TO LAUNCH "DECADE OF THE ENVIRONMENT". RESOLUTION NO. 90-90 A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING AND PROCLAIMING APRIL 22, 1990 AS EARTH DAY 1990 IN THE CITY OF MIAMI, FLORIDA, AND SETTING THAT DAY ASIDE FOR PUBLIC ACTIVITIES IN THE COMMUNITY PROMOTING PRESERVATION OF THE GLOBAL ENVIRONMENT AND LAUNCHING THE "DECADE OF THE ENVIRONMENT.". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.2 AUTHORIZE $10,000 FROM LAW ENFORCEMENT TRUST FUND TO COVER EXPENSES INCURRED BY THE "COMBAT AUTO THEFT PROGRAM". RESOLUTION NO. 90-91 A RESOLUTION AUTHORIZING FUNDING, NOT TO EXCEED $10,000, FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND, TO COVER THE NECESSARY EXPENSES INCURRED BY THE COMBAT AUTO THEFT PROGRAM, UPON SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.3 ALLOCATE $10,680 FROM LAW ENFORCEMENT TRUST FUND TO ACQUIRE 30 MOTORCYCLE COMMUNICATION HEADSET SYSTEMS. RESOLUTION NO. 90-92 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $10,680 FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND TO COVER THE COSTS ASSOCIATED WITH THE ACQUISITION OF 30 MOTORCYCLE COMMUNICATION HEADSET SYSTEMS, UPON SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.4 ACCEPT BID: J.R. BUILDER, INC. - FOR INSTALLATION OF DRINKING FOUNTAINS AT 5 CITY PARKS - FOR PARKS DEPARTMENT. RESOLUTION NO. 90-93 A RESOLUTION ACCEPTING THE BID OF J.R. BUILDERS, INC. FOR THE INSTALLATION OF DRINKING FOUNTAINS AT FIVE (5) CITY PARKS FOR THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES, AT AN AMOUNT NOT TO EXCEED $13,435.00; ALLOCATING FUNDS THEREFOR FROM CITY WIDE PARK EQUIPMENT PROJECT NO. 331339, ACCOUNT CODE NO. 589401-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. 4 February 7, 1990 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) - 1.5 ACCEPT BID: ZIMY ELECTRONICS, INC. - FOR UPGRADING FIRE ALARM SYSTEM AT OVERTOWN SHOPPING CENTER - FOR DEPARTMENT OF GSA/PROPERTY MAINTENANCE DIVISION. RESOLUTION NO. 90-94 A RESOLUTION ACCEPTING THE BID OF ZIMY ELECTRONICS, INC. FOR UPGRADING THE FIRE ALAR14 SYSTEM AT THE OVERTOWN SHOPPING CENTER, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/PROPERTY MAINTENANCE DIVISION AT AN AMOUNT NOT TO EXCEED $4,925.00; ALLOCATING FUNDS THEREFOR FROM THE 1989-90 OPERATING BUDGET ACCOUNT CODE NO. 420401-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.6 EXTEND CONTRACT (ONE YEAR) WITH MR. TERRY PARKE - FOR BLACKSMITH AND FERRIER SERVICES TO MOUNTED PATROL UNIT HORSES - FOR POLICE DEPARTMENT. RESOLUTION NO. 90-95 A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING CONTRACT WITH MR. TERRY PARKE TO PROVIDE BLACKSMITH/FERRIER SERVICES TO THE HORSES IN THE MOUNTED PATROL UNIT (SHOEING, BALANCING, TRIMMING AND RESETTING) APPROVED ORIGINALLY ON RESOLUTION NO. 86-182, BID NO. 84-85-113 FOR AN ADDITIONAL ONE (1) YEAR PERIOD TO THE POLICE DEPARTMENT AT A TOTAL PROPOSED COST NOT TO EXCEED $7,600.00; ALLOCATING FUNDS THEREFOR FROM THE 1989-90 OPERATING BUDGET ACCOUNT CODE NO. 290201-270; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.7 ACCEPT BID: OMNI SIGNS - FOR FURNISHING NEON SIGN TO POLICE DEPARTMENT. RESOLUTION NO. 90-96 A RESOLUTION ACCEPTING THE BID OF OMNI SIGNS FOR THE FURNISHING OF A NEON SIGN AT A TOTAL PROPOSED AMOUNT NOT TO EXCEED $7,890.00 FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT #3122015, ACCOUNT CODE NO. 299401-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5 February 7, 1990 1.8 ACCEPT GRANT FROM METRO DADE CULTURAL AFFAIRS COUNCIL, COMMUNITY GRANTS PROGRAM ($4,000) - CONCERNING MIAMI ORGANIZATION OF AMERICAN STATES INTERNATIONAL CONCERT 1989-90 SERIES - AUTHORIZE NECESSARY AGREEMENTS. RESOLUTION NO. 90-97 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN SUBSTANTIALLY THE ATTACHED FORM, FROM THE METRO DADE CULTURAL AFFAIRS COUNCIL, COMMUNITY GRANTS PROGRAM IN THE AMOUNT OF $4,000 IN CONNECTION WITH THE MIAMI/ORGANIZATION OF AMERICAN STATES INTERNATIONAL CONCEPT 1989-90 SERIES; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO THE NECESSARY AGREEMENTS TO ACCEPT AND IMPLEMENT SAID GRANT SUBJECT TO APPLICABLE CITY CODE PROVISION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.9 AUTHORIZE PURCHASE OF ADDITIONAL MICROCOMPUTERS AND PERIPHERAL EQUIPMENT FROM UNISYS CORPORATION - FOR LAW DEPARTMENT. RESOLUTION NO. 90-98 A RESOLUTION AUTHORIZING THE PURCHASE OF ADDITIONAL MICROCOMPUTERS AND PERIPHERAL EQUIPMENT FROM UNISYS CORPORATION, UNDER AN EXISTING STATE OF FLORIDA BID AWARD CONTRACT NO. 250-040-89-1 FOR THE DEPARTMENT OF LAW FOR ENHANCEMENT OF THE ADMINISTRATIVE CAPACITY OF THE LAW DEPARTMENT AT A TOTAL PROPOSED COST OF $10,719.60; ALLOCATING FUNDS THEREFOR FROM THE LAW DEPARTMENT'S BUDGETED FUNDS, $5,359.80 FROM INDEX CODE 230101-880 AND $5,359.80 FROM INDEX CODE 230102-880, PROJECT 671001; 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.) 1.10 AUTHORIZE REVOCABLE PERMIT TO JOE CELESTIN, INC. - FOR USE OF 1,121 SQUARE FEET IN OVERTOWN SHOPPING CENTER (1490 N.W. 3 AVENUE). RESOLUTION NO. 90-99 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO JOE CELESTIN, INC., IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF 1,121 SQUARE FEET OF SPACE IN THE OVERTOWN SHOPPING CENTER LOCATED AT 1490 NORTHWEST 3 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN THE EXHIBIT "1" ATTACHED TO THE REVOCABLE PERMIT, AUTHORIZING THE PERMITTEE TO PAY FOR THE USE OF THE PREMISES AT A MONTHLY FEE OF $373.67, COMMENCING ON THE FIRST DAY OF THE SEVENTH MONTH AFTER EXECUTION OF SAID PERMIT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED REVOCABLE PERMIT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6 February 7, 1990 - 1.11 AUTHORIZE REVOCABLE PERMIT TO SATELLITE BEAUTY SALON, INC. - FOR USE OF 1,200 SQUARE FEET IN OVERTOWN SHOPPING CENTER (1490 N.W. 3 AVENUE). _LE - =__ RESOLUTION NO. 90-100 T A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY _ _ MANAGER TO ISSUE A REVOCABLE PERMIT TO SATELLITE BEAUTY SALON, INC., IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF 1,200 SQUARE FEET OF SPACE IN THE OVERTOWN SHOPPING CENTER LOCATED AT 1490 NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN THE EXHIBIT "1" ATTACHED TO THE REVOCABLE PERMIT. SAID PERMITTEE SHALL PAY = FOR THE USE OF THE PREMISES A MONTHLY FEE OF $450 COMMENCING ON THE FIRST DAY OF THE FOURTH MONTH AFTER EXECUTION OF SAID PERMIT IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THE REVOCABLE _ PERMIT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.12 AUTHORIZE EXECUTION OF PURCHASE AND SALE AGREEMENT BETWEEN CITY OF MIAMI (PURCHASER), AND CALDWELL BROOKS BARON, INC. AND TROPIC INVESTORS GROUP 1, LTD. (SELLERS) - CONCERNING PROPERTY AT 240 N.W. 9 STREET - IN CONNECTION WITH SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT - APPROPRIATE NECESSARY FUNDS. RESOLUTION NO. 90-101 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF PURCHASE AND SALE, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROPERTY LOCATED AT 240 NORTHWEST 9TH STREET, MIAMI, FLORIDA, FOR PRICES AS STATED HEREIN BETWEEN THE CITY OF MIAMI ("PURCHASER") AND CALDWELL BROOKS BARON, INC. AND TROPIC INVESTORS GROUP 1, LTD. ("SELLER") FOR THE PURCHASE AND SALE OF THE PROPERTY (MORE PARTICULARLY DESCRIBED HEREIN), FOR THE TOTAL PURCHASE PRICE OF $269,000 WITH FUNDS FOR THE ACQUISITION OF SAID PROPERTY BEING APPROPRIATED IN CAPITAL IMPROVEMENT PROJECT NO. 322057, ENTITLED SOUTHEAST OVERTOWN/PARK WEST PHASE II, FOR THE PURPOSE OF DEVELOPMENT OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT; FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE WHATEVER STEPS ARE NECESSARY TO CLOSE THE TRANSACTIONS WITH THE SELLER AS EARLY AS PRACTICABLE; SAID AUTHORIZATION BEING CONDITIONED ON THE APPROPRIATION OF THE NECESSARY FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.13 RESCIND APPOINTMENT OF JOSE VILLALOBOS AS MEMBER OF CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD. RESOLUTION NO. 90-102 A RESOLUTION RESCINDING THE APPOINTMENT OF JOSE VILLALOBOS AS A MEMBER OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD DUE TO THE INABILITY OF JOSE VILLALOBOS TO SERVE THEREON. (Isere follows body of resolution, omitted here and on file in the Office of the City Clerk.) 7 February 7, 1990 0 1.14 AMEND RESOLUTION 89-1107 - CONCERNING 1990 CARNAVAL MIAMI - PROVIDE FOR CLOSURE OF DESIGNATED STREETS FOR BIKE DASH EVENT. RESOLUTION NO. 90-103 A RESOLUTION AMENDING SECTION ONE (1) OF RESOLUTION NO. 89-1107, ADOPTED DECEMBER 7, 1989, AMENDING THE 1990 CARNAVAL MIAMI TO PROVIDE FOR THE COMPLETE CLOSURE TO THROUGH VEHICULAR TRAFFIC OF THE NORTHBOUND LANES OF BISCAYNE BOULEVARD FROM NORTHEAST FIRST STREET TO NORTHEAST THIRD STREET FOR THE BIKE DASH TO BE HELD SATURDAY, MARCH 10, 1990 FROM 8:00 A.M. TO 6:00 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2. (A) DISCUSSION RELATING TO INTERIM PROPRIETARY AND GENERAL SERVICE FEES. (SEE LABELS 36 AND 46) (B)CONVEY TO ADMINISTRATION CITY COMMISSION'S POSITION THAT IT DOES NOT VIEW WITH FAVOR THE INDISCRIMINATE GRANTING OF EXTENSIONS OF TEMPORARY CERTIFICATES OF OCCUPANCY BEYOND INITIAL 90-DAY PERIOD (See labels 36 and 46). Mayor Suarez: Item three, emergency ordinance, proprietary general service fees. Is this second reading? This is first reading. Commissioner Alonso: This is an emergency. Mayor Suarez: Is this controversial in any way because we've got four of us here. Vice Mayor Dawkins: Yes... Mayor Suarez: And you need four. Mr. Manohar Surana: We just clarified the language. Mayor Suarez: He just told us it wasn't so I guess we're not involved in controversy because Mano says we're not. Vice Mayor Dawkins: I am, I am. Mayor Suarez: I think Vice Mayor disagrees with you, but go ahead and try to tell us it's not controversial, Mano. Vice Mayor Dawkins: Go ahead, I'll listen. Mr. Surana: OK. Number one, we are changing which was discussed last year, that instead of January 1, we want to change a word, until it gets on the tax roll. Mayor Suarez: Till it gets on the tax roll? Mr. Surana: Right. This was discussed last time, but was not incorporated in the ordinance. Second thing, we are clarifying some exemptions. The word remodeling was construed - that remodeling was exempt. So somebody was getting five more floor built up, they were exempt. And that wasn't the intention of this ordinance. So it's just eliminating that exemptions. And number three, we are clarifying exemptions for dormant properties. In current ordinance, if somebody builds a property on City owned land, it would be exempt and we think that should not be exempt. So those are the three main things we are changing. Vice Mayor Dawkins: Is this to be retroactive, Mr. Mano? Commissioner Alonso: Yes. 8 February 7, 1990 11 Mr. Surana: On exemptions, yes.. Commissioner Dawkins: Well, I'll be voting against it because I don't think it should be - I mean, I can understand us doing this and I can understand us telling builders, homeowners or what have you that you have to do this in the future. But I'm not going to sit here and vote where we made a mistake and when I say, we, I mean, we, the administration, and because we made a mistake and didn't tell you, I'm going to go back now when you pull a CO (certificate of occupancy) or building permit last June and now here it is June again, I gust can't vote to do that. Mr. Surana: Commissioner, let me correct... no, I'm sorry, it's not -- retroactive, it to be effect now. Mayor Suarez: And if it was going to be, since we have a little bit of ambiguity here, let's make sure that the resolution clarifies that it is not retroactive because I think that you would lose all four of the votes up here. Mr. Surana: It won't be. Mayor Suarez: I think the Vice Mayor makes a very good point. Vice Mayor Dawkins: I'm going to read what I have. Mr. Surana: Yes. Vice Mayor Dawkins: And then, somebody explain it to me. "The continued exemption from the interim proprietary and general service fee of all development receiving a CO after July 13th, 1989, contravenes the intention of this City Commission to make all now development, which make a demand for the City services pay for such services." What does that mean? Mr. Surana: That deals with only remodeling. Vice Mayor Dawkins: This said July 13th, 1989. This is March 13th, 1990. We are acting on this and it does not become effective until March, 1990. Do we charge people for March, 1990, or do you go back and charge these people fees from July 13th of 1989? That's my question, sir. Mr. Surana: I will it now once it's effect now. Vice Mayor Dawkins: Beg your pardon? Mr. Surana: It will be charged now. Vice Mayor Dawkins: OK, yes. Let me see if anybody else got anything to say. No. OK, I'm through discussing it. How does the - I mean, have we had any discussion or input from developers, contractors, and what have you, on this? The people who will pay this? Mayor Suarez: The general building community is excited about paying this, Mano, or... Mr. Surana: We did. Commissioner Alonso: Oh, come on now. Mayor Suarez: ...they haven't called my office, maybe... We want to make sure they haven't been calling you and you've been filtering them. Mr. Surana: I'll leave Edith to answer that question. Vice Mayor Dawkins: Wait a minute, hold it, hold it. You see, no, no, no, I'm not going to do this. See, you started up explaining this, OK? Now if you don't know, sir, that we've had input or no input, I mean, then you don't know what we're talking about. Mayor Suarez: Have you had any feed back, Mano? -your department? Mr. Surana: Not my office, no, sir. 9 February 7, 1990 , Mayor Suarez: OR. have they blamed Building and Zoning, Edith? OR, how many have called and what is your feedback? Ms. Edith Fuentes: We only had two cases that questioned the exemptions portion of it, that's why we're trying to clarify the language. Mayor Suarez: As to retroactivity only. Ms. Fuentes: As to retroactivity. Mayor Suarez: Oh, as to the exemptions, I'm sorry. Ms. Fuentes: Right. And, as far as it being retroactive, I will also suggest that it not be retroactive. Mayor Suarez: No, we've got that resolved. I was just wondering if you had any feedback on - just the exceptions, I guess. Vice Mayor Dawkins: OR, now, does this exempt affordable housing? Mr. Surana: Government Building, yes. Vice Mayor Dawkins: Where it doesn't say that in here. Mr. Odio: Yes it does.... Mr. Surana: There are some exemptions issued. Vice Mayor Dawkins: Beg your pardon? Alex Vilasrello, Esq.: Mr. Vice Mayor, it does provide as to any government - owned buildings. So the affordable housing in on government owned land, yes. Vice Mayor Dawkins: OIL. So, that then exempts all of the housing being built in Overtown/Park West. We own the land. We own the land. Mayor Suarez: We own the land, that's correct. Vice Mayor Dawkins: See, well, you all - I'll tell you what, you all clean this up and bring it back this afternoon and I'll vote for it, but, no, it's got, see I've been here long enough to know its got to be spelled out in plain English. See, I don't need to think what it means, I need to be able to read what it means. Mayor Suarez: Is it clear that, and if so, pointed in the record or else wait for this afternoon, Mano. Mr. Surana: It's cleared on page three, Commissioner. Mayor Suarez: What does it say? -go ahead. Mr. Surana: First paragraph. Mayor Suarez: Sometimes it's clear to you, but it isn't clear to us. Vice Mayor Dawkins: Where does it - on page three, where? Mr. Surana: Page three, the first paragraph. Vice Mayor Dawkins: "The City Commission is hereby desirous of clarifying its intent and assuring that all development, which make a demand on city services." Mr. Surana: No, no, no, not that. Ordinance, page three. Vice Mayor Dawkins: That's the first paragraph. Mr. Vilarello: No, Mr. Vice Mayor... Mr. Surana: Ordinance, page three. Vice Mayor Dawkins: Page three. 10 February 7, 1990 Mr. Vilar.ello: Where reads, "...the interim propriety and general services fee shall not be levied on any property owned by governmental units used for - = governmental purpose or governmentally owned property which is leased to an = organization which uses the property solely for tax exempt, religious, charitable, or educational purposes." Mayor Suarez: Why don't you add, "...including such governmental property if its use is for affordable housing." Mr. Surana: OK, we will do that. — Mayor Suarez: I mean, that would put me at rest. Commissioner Alonso: Why is this an emergency ordinance? Mr. Odio: The loss of revenue justifies this as an emergency item. Mayor Suarez: OK, then, the nature of the emergency... Commissioner Alonso: You've been charging for it. You've been charging people for it. What is the... Mr. Odio: Because if we don't... --- Commissioner Alonso: People been paying already for this and retroactive as — well. Mr. Surana: We have, Commissioner, we're having a problem... Commissioner Alonso: Yes, is it true that people being paid for all of this already? Yes. The answer is yes. Therefore, there is no emergency in this ordinance as far as I'm concerned. Mr. Surana: Commissioner, there is one problem... Commissioner Alonso: To me, it's illegal that people were charged anyways, but to me there is not an emergency ordinance when people been paying. We are not losing any revenues and at least I want to be sure what I'm approving. Mayor Suarez: Yes, and you guys have given us contradictory answers, OK? You were first asked if this was retroactive after much discussion and confusion in the answer, we finally were told that it is not retroactive. After then, Commissioner Alonso tells you, if we're already charging for it, much confusion and consternation and we get the answer that we are charging it. So, it is already retroactive. Now, she's concerned that you justify an emergency when you're telling us that it's not going to be retroactive and that it's already being levied. How can you justify the emergency? Are we getting one answer that doesn't make any sense here or is my brain the only one that can't follow all this lack of logic? Mr. Surana: Commissioner, we're having a problem with word remodeling. Right now, the remodeling construed and interpreted, if somebody's building... Mayor Suarez: OK, we understand that we want to clarify the term remodeling, further define it and that is an emergency. Mr. Surana: Yes, that's the one... Mayor Suarez: Because it's creating confusion in the marketplace. But that's not her question. Her question has to do if you're already collecting the fee... Mr. Surana: But, right now... Mayor Suarez: ...then where's the emergency? How can you base the emergency if you're already collecting it? In other words, you're going to keep doing the same thing you're doing. Mr. Surana: Mayor, if somebody building five additional floor, according to this ordinance, we will not get the revenues. 11 February 7, 1.990 f Mayor Suarez: OK. Mr. Surana: That's the revenue we're going to lose for next two months. Mayor Suarez: OK, you're collecting in words clear that we can collect it, but in this particular case, you want to further clarify what remodeling means so that you can collect that. Mr. Surana: Right, that's the way we're going to lose it. Mayor Suarez: If you don't interrupt me, I won't interrupt you, Mano. Thank you. Commissioner Alonso. Commissioner Alonso: Yes, are you trying to clarify the word, remodeling? Mr. Surana: Yes. Commissioner Alonso: I thought I knew the meaning of the word before, but now, after you tried to clarify it for me, I'm not sure I understand. Would you try one more time. Mr. Surana: OK, the word remodeling currently is being used that if somebody building five additional floor on the top of one floor, it's considered remodeling. But, in our opinion, that's a new construction, new structure and they should pay the fees. Under existing ordinance, they do pay the fee, and that's what we want to clarify. Commissioner Alonso: What, we're trying to do it's to stop any kind of construction in the City of Miami, are we? Because if every time something is going to get better, we penalize the people. On the one hand, we tell the people, make it better, improve the City, invest in the City. But every time they try to do it, we just add another penalty to that. We'11 see what happens in the future. Mayor Suarez: OK, since there's four of us up here, and unless Commissioner wants to propose that we vote on first reading and not as an emergency - do you propose that, Mr. Manager? OK, why don't we entertain a motion on this as a first reading and I'll so entertain. Will it die for lack of interest? Doesn't look like you have a first reading or second reading right now, so maybe we'll just table the matter until you get yourself a Commissioner that is at least willing to move it. I would be willing to move it but so far, it doesn't look like we even have a second. Commissioner De Yurre: Let me ask a couple of things from the Law Department. Have we had any... Vice Mayor Dawkins: is... Mayor Suarez: Right. Vice Mayor Dawkins: Commissioner. You know, the reason I can't support this, Mr. Mayor, I'm sorry, go right ahead. I'm sorry, go ahead, Commissioner De Yurre: Do we have any activity from the Law Department with reference to this about people complaining about this ordinance? Mr. Vilarello: Yes, we have some that have complained that have been charged a fee after the effective date. Or, in other words, when they pulled the permit prior to the effective date of the ordinance was July 13th, 1989, and were charged the fee because they completed construction after that date. Commissioner De Yurre; Have you been contacted by attorneys or just what have you... what has been your experience? _ Mr. Vilarello: Attorneys for developers. Commissioner De Yurre: OK, where is that at right now? Mr. Vilarello: We're administratively waiting to try to resolve those issues. This, I believe part of this was an attempt to clarify some of those questions so that we could handle it administratively. 12 February 7, 1990 Commissioner De Yurre: Is it a fact or not that those that do complain get it waived and those that have paid, don't get any notice that they could do something else about it and get reimbursed and all of a sudden we may have some people paying and some people not paying and us not doing anything about it to alert them as to that fact? Mr. Vilarello: Mr. Commissioner, I would have no way of knowing of developers going ahead and paying the fee and not, if it doesn't get to our attention. Commissioner De Yurre: Ok, let me get the Building Director. Have any of these fees been waived to anyone in particular? Ms. Fuentes: The perfect example is the brand new GDC Building across the street, a high .rise, brand new, and we're going to be giving services to that building, but because of the lyrics and the wordings in these exemptions, their attorney contacted our Legal Department and, at this point, they are exempted from paying almost $300,000 of revenues. Commissioner De Yurre: So there have been waivers. Ms. Fuentes: That's one and we have one pending also on Claughton Island. Commissioner De Yurre: You don't have any other one? Ms. Fuentes: Nothing. Commissioner De Yurre: OK. How many people have paid? Do we have people that have paid? Ms. Fuentes: We have a lot that's paid. Commissioner De Yurre: That have paid. Under the same circumstances as GDC. Correct or not? Ms. Fuentes: Some of them are clearly falling within the ordinance and I would say a handful of them are just like GDC. Commissioner De Yurre: OK, so then you're telling me that GDC, under the same circumstances as those that have paid already, is not going to have to pay. Ms. Fuentes: We've told them that we will clarify the language of the ordinance and they will be subject to a refund or administrative exemption. Commissioner De Yurre: OK. So, just for the record, so I'm clear because I'm going to follow up on this, nobody has received a waiver, nobody has gotten out of having to pay this fee? Ms. Fuentes: Except GDC. Commissioner De Yurre: Except GDC. They're the only ones that have requested a waiver of it. Ms. Fuentes: They're the only ones. Commissioner De Yurre: Nobody else has. Ms. Fuentes: Nobody else. Commissioner De Yurre: OK. Law Department, does that information concur with your's? Mr. Vilarello: We understand that several have paid under protest and with GDC situation, the question there rose that they pulled a permit prior to the - effective date of the ordinance and, therefore, it's not - I wouldn't characterize it as a waiver, it's not applicable to them. Commissioner De Yurre: OK, my concern is that we're going to have - and I'm sure it's going to happen because my understanding is that it's happened already, some people, under the same circumstances, are going to pay and others are not going to pay and that just doesn't look right. I don't think it is right and I just can't vote for something that will allow that type of 13 February 7, 1990 scenario to exist or to continue. So, you know, we have to get our act together on this, if not, we're going to end up in court and unduly when we can W this should be avoided. So, I just can't be in favor of this at all at —_ this point in time. Mr. Vilarello: Mr. Commissioner, I'd like to clarify that, in fact, that it's the Law Department's position that any developer or builder who pulled a permit prior to July 13th, 1989, this fee is not applicable to them. That was the effective date of the ordinance. Anybody who pulled a permit subsequent to that date, the fee would be applicable to. NOTE FOR THE RECORD: Commissioner Plummer entered the meeting at 9:31 a.m. Commissioner De Yurre: OK. Vice Mayor Dawkins: Is it a fact or is it not a fact that the gentleman who built those towers there by the Arena has applied for a CO and we will not give him a CO because he refuses to pay this fee? Ms. Fuentes: We have issued COs under protest if the property owner doesn't want to pay the fee on the interim. Vice Mayor Dawkins: But, was his CO pulled prior to the date that the City Attorney just said that it would not be effective? Ms. Fuentes: I don't specifically remember. Vice Mayor Dawkins: Was his building... well, all right, hold it now, his building permit would have had to have been pulled prior to that date for the gentleman's building to be up and ready to occupy. Ms. Fuentes: Yes, sir. =_ Vice Mayor Dawkins: OK, so now, therefore, his, in my opinion, if what you're - telling me is true, there shouldn't even be a question whether this gentleman = should have to pay under protest. Because legally, he falls out of the rim of = what you're saying... No, I can't, it's just too confusing. I can't support - it. Mayor Suarez: The Arena Towers are exempted, are they not? Ms. Fuentes: They ought to be under the existing ordinance. Mayor Suarez: OK. We cannot vote on an ordinance where something as evident _ as that cannot elicit from you a very clear answer and is putting people in a _ position of having to get COs under protest or conditional COs. If you can convince us and Commissioner Plummer, we haven't had a motion on this item, so - -= it's not clear that it would go anywhere. It was put before us as an emergency ordinance which required 4/5ths, but we didn't get even a motion on = it and everybody's having a lot of difficulties with it, so I'm considering _= just tabling it until you can satisfy all the Commissioners of the fine = points. My question, Alex, Mr. City Attorney, is if we don't pass it, aren't we back to the existing ordinance? - Mr. Vilarello: That's correct. Mayor Suarez: Which has all the defects in it. Mr. Vilarello: That's correct. Mayor Suarez: Well, couldn't I propose that we at least pass an ordinance, Commissioners, that takes care of the problem of the exemption? To clarify = the exemption and, I guess, the issue of what remodeling, if Commissioner Alonso is satisfied on that, what constitutes remodeling. Because if not, -- we're back to having the ordinance on the books that is worse than this amendment. Mr. Odio: If I may clarify for Commissioner Alonso who wasn't here when we passed the original ordinance, the intent of this ordinance was that we 14 February 7, 1990 researched the Miami Center, specifically I remember me looking at Miami Center - that's the big InterContinental Hotel and the tower next door. I believe, if my memory serves me right, that they vent three years with a temporary CO - am I right? Three years, somewhere in that. For three years, the City of Miami... Mayor Suarez; The old temporary indefinite certificate of occupancy which its a contradiction in terms. Mr. Odio: For three years... Commissioner Plummer: Nothing is more permanent in City Hall than something temporary. Mr. Odio: I think this is why you need to know this Commissioner. Mayor Suarez: And taxes. Mr. Odio: For three years, we deliver services to that area, to those buildings in the immediate area and around and they didn't pay one dollar of taxes. Commissioner Alonso: Mr. City Manager, who is responsible for the temporary CO? Mr. Odio: In this case of Miami Center? Commissioner Alonso: Yes. Mr. Odio: It was something... Commissioner Alonso: The City should be responsible. You should not allow a person to maintain a temporary CO for that length of time. Mr. Odio: I agree, but it wasn't the administration. It was something very complex in Miami Center and ...... Commissioner Alonso: Well, if it was that complicated, you should have looked for a solution. Mr. Odio: It wasn't a simple decision from a department to say no. Commissioner Alonso: This is an exception. If we cannot make rules based on one exception, you are saying, this was a very complicated case. Mr. Odio: That's why... Commissioner Alonso: Don't make it general. It's not the general case that we're going to have. = Mr. Odio: Then, as we began to look at other cases, we found - you take the —_ Miracle Center in Coral Way, they could go in the same way, no taxes, yet they're getting all these services while the homeowners are paying taxes. Commissioner Alonso: Sir, the problem is, a system. A system within the i department that should not allow a temporary CO go an indefinite time. That's -_ what it is. CO, temporary CO, should have a limit, a period where it will end. Mayor Suarez: Otherwise, it's not temporary. Otherwise, it's not temporary. _ Commissioner Alonso: And we cannot just - at least I'm not to vote for something that is not even clear to this Commission. _ Mayor Suarez: OK, the item... Commissioner Alonso: Really, it's as simple as that. Mayor Suarez: In the absence of a motion, maybe we'll just table the item. 8 —i Commissioner Alonso: If it's not: clear to us, how in the world do we expect _- to make it clear to the rest of the people? 15 February 7, 1990 C Mayor Suarez: Commissioner Plummer wanted to.,. Commissioner Plummer: Mr. Mayor, I would just like to say there's one way to eliminate the problem which I've tried to do for a long time. No temporary COS. Commissioner Alonso: That's not fair either. Commissioner Plummer: Why? Commissioner Alonso: No, no, no. No, Mr. City Manager, don't jump and say uh uh. No, it's not uh uh, it's more complex to that. Mayor Suarez: Yes, the South Florida Building Code which we... Commissioner Alonso: We just don't jump into things because we say, well, since we cannot get our act together... Mayor Suarez: Right. Commissioner Alonso: ...then we do something that is silly. Mayor Suarez: Something illogical, right. The South Florida Building Code specifies a period of, what is it? -60 days or 90 days? Ms. Fuentes: Ninety days and the board of rules and the bills have already concluded that only one extension of a temporary CO, otherwise... Mayor Suarez: All right, an extension for the full 90 days, Edith? Ms. Fuentes: Ninety days and... Mayor Suarez: So we have just turned, what, the South Florida Building Code specifies to be three months, we have turned it into six months. But it's still better than three years. Ms, Fuentes: That's it. Commissioner Plummer: Well, but let me give you an example, Mr. Mayor, the marina, which is no longer owned by the person who built the marina on Rickenbacker, they got a temporary CO of which half of the items were safety items. They had 33 unfinished problems when they got their temporary CO and I don't know that today they have completed all of their problems. You know, maybe a temporary CO is a necessary item, but I think that there should be granted a period of days like 30 or 60 days and no extensions, period, Amen. Commissioner Alonso: Let me say something. How come this extensions are always provided for the big buildings, for the huge developers but it's never given to the little guy in Little Havana or Overtown or Liberty City or Allapattah or small property owners. It's never the story, they are never given that chance. How come they go back to them? It is very strange that now people are - the City Manager is naming three years and things like that, that's probably one case here and there. I'm sure we don't have that many cases in the City of Miami, Do we? Ms. Fuentes: Right now, we don't have many cases anymore. We've cleaned up all of those pending TCOs. Commissioner Plummer: Would you like to make it a 60 day and no extension? That's agreeable to me. Commissioner Alonso: That's fine. Commissioner Plummer: Mr. Mayor, I'll make a motion at this time, it's not related directly to the agenda, that temporary COs can only be given one time for a maximum of 60 days with no extensions. I'll make such a motion. Mayor Suarez: I think you have to make it ninety. Commissioner Plummer: Make it ninety? Whatever. Just make it uniform, where it applies in all sections. 16 February 7, 1990 Commissioner Alonso: What is legal, ninety? Mayor Suarez: I think the South Florida Building Code has been adopted by the City of Miami.. I don't think we can go... Commissioner Plummer: That's fine, sir. Mayor Suarez: OK. Commissioner Plummer: Whatever it is, but there is an Amen, drop dead date. Mayor Suarez: Yes, that's it. And that, to me, by the way, is the intention of the code. I don't think that we're actually doing anything except enforcing the law as it is clear to us that it is written. Commissioner Plummer: I haven't seen it. When did it come out? Mr. Odio: Yesterday. Commissioner Plummer: I was here and it wasn't here. Commissioner Alonso: What is that? Commissioner De Yurre: I'll second... Mayor Suarez: So moved and seconded. Commissioner De Yurre: I'll second the ninety days for discussion purposes. What happens at the end of the 90 day period and they have yet not complied? Commissioner Plummer: Close the doors. Commissioner De Yurre: How procedurally? Commissioner Plummer: Close the doors, just lock it up. Commissioner De Yurre: Well, let's hear from the Legal Department because I don't think it's that easy. Legal Department. Mr. Vilarello: Well, we're discussing the 90 days and limitation and no additional TCO. The BOARD OF RULES AND APPEALS has already that a contractor can come to them for an extension. In addition to the first 90 day extension that the City has been giving contractors, so I don't know if this Commission can limit the BOARD OF RULES AND APPEALS decision to allow an extension under circumstances where they would review that question. Commissioner De Yurre: OK, then, if we don't have a system that allows any TCOs, would that apply? Mr. Vilarello: The South Florida Building Code does allow temporary certificates of occupancy. Commissioner De Yurre: For what length of time? Mr. Vilarello: Ninety days. Commissioner De Yurre: And then what happens? Mr. Vilarello: And then they can apply to the building official for an extension, one extension of an additional 90 days. And then, after that point, they can go to the BOARD OF RULES AND APPEALS and ask them for an extension. Commissioner De Yurre: OK, what - give me an example of what would apply as far as getting a TCO. What kind of circumstances? Mr. Vilarello: Well... Ms. Fuentes: As long as they are minor items and non life safety issues. Commissioner De Yurre: Such as? 17 February 7, 1990 Ms. Fuentes: such as... Commissioner Plummer: Sprinkler system. Ms. Fuentes: ...let's say a tempor... -= Mayor Suarez: Aesthetics. Go ahead. aesthetic... Ms. Fuentes: Yes... Commissioner De Yurre: Landscaping. Aesthetic: - I was thinking of Ms. Fuentes: Landscaping, bushes or trees missing in the - or doubling the parking stripes, something like that. Commissioner De Yurre: Anything in the common areas? Ms. Fuentes: Not when they're considered safety issues. Commissioner De Yurre: What? -like no paint? It hasn't been painted. Ms. Fuentes: Exit signs or rails or handicap accessibility issues. Commissioner De Yurre: OK, what would happen if you give a CO under those circumstances? Do you have a procedure where you can come back and follow up on those items that have not been satisfactorily addressed? Ms. Fuentes: We can always come - if a CO is issued in error, as a matter of fact, we can revoke it. Commissioner De Yurre: No, I'm not talking about error. Let's say, instead of giving a temporary CO, when you don't have like you're saying, what would apply for a temporary CO, that you just give a CO, is there a procedure wherein you can come in afterwards and say, we've given you a CO, but you still had to paint, you still had to put the trees out there. Ms. Fuentes: It's harder to go back in... Mayor Suarez: Yes, a conditional CO. A CO with conditions of certain improvements to be completed. Those are given too. Ms. Fuentes: It's a little bit harder to go back because a lot of property owners... Mayor Suarez: Do we or do we not give conditional COs that specify a variety of items? Ms. Fuentes: No, no. Mayor Suarez: We don't? Ms. Fuentes: We only give conditions with the TCO. They have to be finalized... Mayor Suarez: With a temporary... Ms. Fuentes: Just the temporary. Mayor Suarez: Please use the terminology, we don't know what TCO is. Sounds like technical knock out, or something in a fight. Ms. Fuentes: Temporary CO is just to allow them to... Commissioner Plummer: I think that's the cable company. Mayor Suarez: That's TKO, right? Commissioner Plummer: TCO, isn't that the cable company? Commissioner Alonso: No, TCI. 18 yebruaary 7,99Q 11 Ms. Fuentes: It's just to allow them... Mayor Suarez: TCO, it sounds very close like the cable company. Please tell us this stuff the way we want to understand it, Ms. Fuentes. Commissioner De Yurre: That will be the new cable company. Mayor Suarez: That will be a new cable company. OK, so with the temporary certificate of occupancy. we sometimes impose conditions to be fulfilled later. Ms. Fuentes: Exactly. Mayor Suarez: Only for 90 days now, if this motion carries. Ms. Fuentes: For 90 days. Commissioner De Yurre: Now, my, you know, if we take it one step further... Mayor Suarez: Unless somebody sues us. Commissioner Plummer: This is not what he's recommending. Commissioner De Yurre: ...if there are things that have not been, you know, and you're talking about the market. Would people move into a building that doesn't have any landscaping? Would people move into a building and rent where there is no painting, there's no paint on the walls? You know, there are a number of things that the market dictates and you have to do anyway. So, if we have a problem with TCOs, we may just, you know, just actually give them the CO and once they address the things that are of concern, as far as the code is concerned - you know, as far as addressing the code, and then just saying, you've got your CO and you've got to start paying up right now. Mayor Suarez: To have a fee imposed in connection with the conditions? Is that what you're saying? Commissioner De Yurre: Well, I'm saying, we got to do something, you know, because that's why, you know, J. L. made that motion... Mayor Suarez: To have an inducement for them to complete the... Commissioner De Yurre: There has to be something. Mayor Suarez: Other than time. Other than just a mere 90 days. Commissioner De Yurre: Sure, 90 days they're going to start working on it on the 89th day, then they know they got an automatic extension of another 90 days. Mayor Suarez: No, no, they can't, not if we pass this resolution. Commissioner De Yurre: No, the Law Department says that we have to abide by the South Florida Building Code which allows extensions. Mayor Suarez: My interpretation of the South Florida Building Code and I believe Commission Alonso's interpretation and maybe all of our interpretations is, you get 90 days and that is a temporary CO. You don't get. an additional hour beyond that. Now, I personally would be disposed to have the Manager be able to create an exemption to that but I don't think the Commission is inclined to do that, so let's just - it's 90 days or nnt, Alex, that we... Mr. Vilarello: The 90 days is provided for temporary CO and they're entitled to one extension of 90 days. Mayor Suarez: Says who? Commissioner De Yurre: That's a hundred and eighty. Mr. Vilarello: Says the South Florida Building Code. 19 February T, 1990 Mr. Vilarello: And then, the BOARD OF RULES AND APPEALS can review it on a case by case basis and give them even more time. Mayor Suarez: The BOARD OF RULES AND APPEALS? Commissioner Plummer: Well, wait a minute. I think we're putting the cart before the horse. Mr. Vilarello: It's the interpreting body of the South Florida Building Code. Commissioner Plummer: Tait a minute. What mandates... Mayor Suarez: What board of... can I ask, J.L., what BOARD OF RULES AND APPEALS? Commissioner Plummer: Dade County. Mr. Vilarello: That's the board that interprets the South Florida Building Code. It's a County board. Mayor Suarez: But the code doesn't specify that the BOARD OF RULES AND —_ APPEALS can extend beyond two periods of temporary COs. The South Florida Building Code says that somewhere? Mr. Vilarello: The BOARD OF RULES AND APPEALS is the interpreter of the South Florida Building Code and that's what their interpretation is. Mayor Suarez: Well, it's like saying the Constitution — the Supreme Court is the interpreter of the Constitution. We're all the interpreters of the Constitution. This Commission has adopted the South Florida Building Code and _ I think we can build our interpretation into it. But I interrupted you, f Commissioner Plummer, I'm sorry, go ahead. Commissioner Plummer: No, no, no, simply of the question I'm going to ask is, why do we even have to give a temporary CO? Why? I mean, it doesn't make sense to me that you have to give a temporary CO. Commissioner Alonso: May I explain why? In many instances, the requirement that some of the inspectors make are unrealistic. Sometimes, almost after the property has been completed, they come and say thingm that they haven't said before and at the time that the person believed the property is completed there are things that they require. And some of the people that have given a hard time to the people in this community belong to the Public Works Department. I'm sorry to say, but it's the truth. Curbside, they come with some realistic request. They ask things that they don't do. The government will not have and it's incredible. I have seen that, Commissioner Dawkins has seen that through the years and it has been my personal experience and I, Mayor, that's why many times they even suggest to the people, get a temporary CO. The one thing that is true, there is no reason in the world why they cannot pay taxes even if they have a temporary CO. Why not? They are using the property, they should be paying taxes. But the truth of the matter and if we go into the details, why many times, people request the temporary CO, we might be here for three or four days. Mayor Suarez: And, a lot of times, it is aesthetic things, the landscaping and so on. Commissioner Alonso: Yes. Mr. Odio: Commissioner, that's why we passed this ordinance so that they would pay taxes. That's why we passed this ordinance so they would pay taxes. Commissioner Alonso: No, no, this that you're passing now on us, it's so complicated I don't know if the Commission want to vote on that. My vote is no. Because if it's not clear to us, it's not clear for the rest of the world. So it doesn't make sense to me. And I don't see any reason why we cannot do it next week. Mayor Suarez: We've tabled that ordinance for the moment and Commissioner Plummer had inquired on the issue of temporary COs. Commissioner Dawkins, and 20 February 7, 1990 i then let's bring it to a close and either decide that we want to have the strictest interpretation of the South Florida Building Code being proposed, whether it's 90 days or 160 days, or get on to another subject. Commissioner Dawkins, Vice Mayor. Vice Mayor Dawkins: Mr. City Attorney, you said the South Florida Building Code said that an individual is entitled to a second 90 days. Now, does that legally say that we are mandated or does it say that we have the option... Mayor Suarez: Very good question. Vice Mayor Dawkins: ...of granting another 90 day extension or do we have the option of not granting it? Mayor Suarez: How is it stated? Is it mandatory or is it optional to us? Mr. Vilarello: The building official - it allows the building official to grant another 90 days. Vice Mayor Dawkins: Allow, but he's not answering my question. Mr. Vilarello: So, it's not mandatory, Mr. Vice Mayor. Vice Mayor Dawkins: So, therefore, this Commission can deny the second extension of the temporary certificate of occupancy. Mayor Suarez: Can we take away the discretion from the building official, our own building official? Mr. Vilarello: The building official wears a hat separate and apart from the administration. Vice Mayor Dawkins: Mr. Rodriguez... Mr. Vilarello: I would have to take a look at whether you could take away that authority from the building official. Vice Mayor Dawkins: Just a minute, please. Mr. Rodriguez, the gentleman who we hired to interpret the building code... Commissioner Plummer: Oh, oh. Vice Mayor Dawkins: ...what is your interpretation? Is it mandated that we have to give the..... Mayor Suarez: The extension of the temporary CO. Vice Mayor Dawkins: The extension. Mr. Sergio Rodriguez: From what I - I am not completely familiar with that area, but what I know about it is that we - you can give the instructions to the administration to be more restrictive so you can tell us that if you don't want to, not to extend the 90 days, the second 90 days. That's my understanding. Vice Mayor Dawkins: Thank you. Mayor Suarez: At least there's a resolution of principle. Why don't we take it that way and the code says clearly 90 days. It says that the building official may extend it. This Commission does not... Commissioner Dawkins: Desire. Mayor Suarez: ...desire to have those extensions and, of course, we're not going to try to resolve today that issue of whether we can prohibit them, but we're telling you that we don't look upon them favorably. Commissioner Plummer: What says we can't tax them when they get the temporary? Mr. Vilarello: There's nothing. 21 February 7, 1990 Mr,, Vilarello: Nothing... Mayor Suarez: How's that, Alex? We try for that? That we don't look upon those extensions favorably. We understand that the... Mr. Vilarello: That would be fine. Mayor Suarez: All right, I'll entertain that in the form - in fact, the modification of Plummer's, Commissioner Plummer's motion. Commissioner Plummer: Let me ask one question. Why can't we tax them the day they occupy the building and start getting a source of revenue? Mr. Vilarello: Well, it's not a tax, Commissioner, it is... Commissioner Plummer: Ad valorem. Mr. Vilarello: ...it's a fee. Mr. Rodriguez: Fee. Commissioner Plummer: No, no, no, I'm talking about ad valorem. Mr. Vilarello: Well, the State of Florida does taxes the City of Miami can't tax. Until they get into the County tact rolls, which won't be until January after they finish construction... Mr. Rodriguez: There is a bill. There is a bill being proposed. Commissioner Aloriso: Then we charge them a fee. A fee. Mr. Vilarello: It's a fee. Mr. Rodriguez: Commissioner Plummer, there is a bill being proposed which I don't know if it has a good chance of passing on this legislature, that it will start collecting a tax the time that they enter but I don't know if that's going to pass. So, instead of that, the administration came up with the idea, you know, of collecting a fee for the services we provide in the meantime. What is under discussion today from the proposal of the administration is that apparently that language is not clear and maybe you want more time to look at it and we can come back with something better. Commissioner Plummer: All right. Mayor Suarez: And we really should just table that item because I'm hoping that at some point during the day, the Commissioners who realize that the impact or the result, the consequence of not passing anything today is to leave us with the worst ordinance than the one that we'd otherwise have. Does it make sense, finally, by resolution, to indicate to the building official, who, in this case, is the building and zoning director, or not? Mr. Vilarello: The way you phrased the resolution, Mr. Mayor, would be appropriate. Mayor Suarez: I had a question within my proposal. Are you the building official, Edith? Mr. Vilarello: No. Ms. Fuentes: I'm acting for him today. But whatever your directions... Mayor Suarez: Who is the building official? Ms. Fuentes: Mr. Santiago Ventura. Mr. Vilarello: Santiago Jorge Ventura. Mayor Suarez: But you do have the qualifications of a building official, right? 22 February 7, 1990 0 Ms. Fuentes: Yes. Mayor Suarez: Otherwise, I guess you couldn't be acting. All right, car, we resolve that they +should not, you know, that's our desire, our statement of principle, they should not extend certificate - temporary certificate of occupancies beyond the basic period stated in the code? Commissioner Plummer: That's my opinion. Mayor Suarez: OK, so moved by Commissioner Plummer. Seconded, somebody. Somebody want to second that? Commissioner De Yurre: I'll second it, but, you know, I think that I understand what we're trying to accomplish, but, you know, with all the legal avenues available, you can extend this for an indefinite period of time, but, you know... Mayor Suarez: I guess we're trying to tighten up by giving as specific instruction as we can to the building official not to do this on a regular basis, certainly. OK, we have... Commissioner De Yurre: You know what the problem is also that Just like the experience that we've had and we're going to be talking about, you know, Park West Overtown, and this fourth phase has never gotten off the ground and my experience has been that, you know, we give them extensions and extensions and yet we don't find out what the status is until time has expired, then they come back and we realize that nothing has been done and we're forced to give them another extension in order to keep things going. And I think what these TCOs, what happens is, you give them 90 days and you forget about them until the 90th day. And you go back and all of a sudden nothing has been done so, I mean, like there isn't a procedure wherein you're following up what is being done and pushing them to get it done and get it over with. And I think that'' creates a lot of the problems where they need further extensions and things of that nature. Mayor Suarez: OK, we have a motion and a second. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-104 A MOTION INSTRUCTING THE ADMINISTRATION THAT TEMPORARY CERTIFICATE OF OCCUPANCY PERMITS SHALL ONLY BE GIVEN ONE TIME, FOR A MAXIMUM OF 90 DAYS, WITH NO FURTHER EXTENSIONS. 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 Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Now, remember, staff, please, Mr. Marsager and your department heads, the Commission, I think, has stated today that where we're concerned in this whole area is predictability of the conditions of a temporary certificate of occupancy, enforceability of those conditions, and possible penalties. Those are the things that we're concerned about. Instead, you know, your're involved in doing all kinds of other ordinance changes that may or may not be clear or desirable from our perspective and in the meantime, we still have... we may be in a position of adopting a different code. Each municipality has the right to adopt a different code and if it's not us, if it's the County, maybe we go back to the County and propose... what's the one in middle state called, the other, the alternatives of South Florida Building Code? 23 February 7, 1990 INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Southern standard code. One of the other codes that is a little bit more understandable and intelligible to us. Commissioner De Yurre: Well, we are not - are we mandated or are we not mandated to adopt the South Florida Building Code? Mayor Suarez: One code we have to adopt but we can... - Commissioner De Yurre: It doesn't have to be this one. Mayor Suarez: No. Commissioner De Yurre: OK. Why is Mr. Ventura not here this morning? Ms. Fuentes; He has to go to a meeting in Dade County. Commissioner De Yurre: He has what? Ms. Fuentes: He has to go to a meeting in Dade County. Commissioner De Yurre: OK. Because I'd like to hear what he has to say about a number of things. Are we going to follow up, are we going to make a decision on this item this morning or are we going... Mayor Suarez: I would hope that during the day Commissioners can get further briefing so that we don't give up on the item because at the end of the day, we're going to end up with the same ordinance that we now have and I'm not sure that's better than the one that you were proposing. At least as to the element of exemption, I know that concerns Commissioner Dawkins. Commissioner Alonso is concerned with the element of remodeling and the definition of remodeling. I think those two things ought to be at least passed. Commissioner De Yurre: Yes, we should take that up in the afternoon and I'd like to have Mr. Ventura here because there are a number of things I'd like to have cleared up. Mayor Suarez: Please, Mr. Manager, if you'd have Mr. Ventura present to... Mr. Vilarello: Mr. Mayor, if I could bring with regard to the exemptions, I'd like to bring something to the Commission's attention. The way the ordinance is... Mayor Suarez: Why don't we do that in the afternoon, Alex? _ Mr. Vilarello: OK. Mayor Suarez: Thank you. AT THIS POINT, ITEM 3 IS TABLED. (See labels 36 and 46) 3. ACCEPT BID: MINORITY SYSTEMS, INC., AND SEALAND CONTRACTORS, INC. - FOR SWIMMING POOL RENOVATIONS AT SHENANDOAH AND WEST END PARKS, WITH :. PROVISO. ------------------------------------------------------------------------------- Mayor Suarez; Item CA-11, which Commissioner Alonso had asked to be withdrawn, now we've got further information on that. Commissioner Alonso. Commissioner Alonso: Yes, I'd like to bring back this item so that we can have some legal advice on this. Commissioner Plummer: CA-11? Alex Vilarello, Esq.: At this time? Commissioner Alonso: Yes. 24 February 7, 1990 -77 Mayor Suarez: They've got an enforceable bond, is that the... Mr. Vilarello: Well, the pr.ocedure... Mayor Suarez: Performance bond. Mr. Vilarello: ...if the Commission wishes to award today, when they execute their contract, they must post a performance bond. If they do post, a performance bond, the City would be protected in the event of any continued problems with the insolvency of one of the partners in the ,joint venture. I believe the administration redid the resolution to award and then perhaps give the Manager the authority to rescind in the event that they cannot post a performance bond and then reject the other bid because there's too large a discrepancy between the two responsive bids. And then go out to bid again. Mayor Suarez: Are you saying that, in fact, the bidder that we would award this to has a duly presented performance bond and that you're satisfied that they can carry out the obligations of the contract. Is that what you're saying? Mr. Vilarello: They're not obligated to post that performance bond until they sign the contract and when they sign the contract, they must post a performance bond. Mayor Suarez: Oh, that they will have it and that's one of the conditions and that you're satisfied that they will be able to perform. Mr. Vilarello: Exactly. And in the event that they do not... Mayor Suarez: And that this is a more expeditious way for us to proceed. Is that what you're saying? Mr. Vilarello: Yes, Mr. Mayor. Mayor Suarez: Commissioner Alonso, are you satisfied? Commissioner Alonso: Well, really, I'm not because it's an awful feeling doing business with a company that is in Chapter. 11. I think that that puts us in such an awkward position of doing business with them but if the Legal Department advises us that it is safe to do this even though the appearance, to me, is unacceptable, I guess if I have no choice we'll have to go for it. Commissioner De Yurre: We have no choice? Commissioner Alonso: What options do we have? Commissioner Plummer: Wait, wait a minute. We're doing business with a company that is in bankruptcy? Mr. Vilarello: Chapter 11 which is reorganization. The Commission has an option to reject all bids. Commissioner Plummer: How in the hell can we sit here and do business with a company that's bankrupt? Commissioner Alonso: That's what I say before, with all the... Mr. Odio: We found out yesterday. He bidded on the - when he bidded on the project, he was not. Then they went on Chapter 11 yesterday. But the performance bond, whether he goes under or not, we get paid. We guarantee the works will be finished. And he's the lowest bidder by far, by far. And what we're trying to do is get the... Commissioner Plummer: Sure, no wonder he's the lowest bidder! That's why he's bankrupt. Mr. Odio: But of more importance, we're trying to get the pools ready for the summer and... Commissioner Plum.;ner: Who is this company that we're proposing to do business with? 25 February 7, 1990 Mr. Odlo: I don't even know them. Mr. Vilarello: This was a minority set aside bid and it's a joint venture between Minority Systems and Sealand. _ Commissioner Plummer: Is Sealand the company downtown that does the overseas with the... Mr. Odio: No, Sealand is a company that did the Flange pool, the Olympic pool, and they did a good job there, so we have had experience with them in the past. I would suggest if we have a performance bond that we go ahead. Commissioner De Yurre: Yes, but are they both bankrupt or which one is it? Mr. Odio: No, one of the... Commissioner De Yurre: Which one is it? Mr. Vilarello: Not Sealand, Minority System... Mr. Luis Prieto: Minority Systems. Mr. Vilarello: ...or Minority Systems, is that the name of the joint venture? — Commissioner Plummer: And how much is the proposed performance bond? Mr. Prieto: One hundred percent, sir, of the three hundred and twenty-six thousand. _ Commissioner Alonso: Are they going to be able to obtain one? Mr. Prieto: We don't know, but... Commissioner Alonso: I don't think so. Vice Mayor Dawkins: Hold it, hold it. You don't have a bond from them? Mr. Prieto: No, sir... Vice Mayor Dawkins: You're going to attempt to acquire a bond from them in _ bankruptcy? Mr. Prieto: Yes, sir. Commissioner Alonso: I don't know who is going to provide that. Vice Mayor Dawkins: I mean, come on, please, please. Mayor Suarez: Yes, otherwise, they want insurance for the contract work. Mr. Odio: If we don't, then we can go out for bids again, but we would lose... Commissioner Alonso: That's what we should do. Mayor Suarez: Yes, you need the - they need the authority to be able to fproceed to the point at which they find out if they are, in fact, able to past i a performance bond. t Mr. Prieto: Yes. Commissioner Plummer: I think that's what Eastern Airlines did in the past. Mayor Suarez: Yes, in reorganization a lot of operations of a company continue and they are the lowest bidder by what margin? Mr. Odio: Seventy-five thousand. Mayor Suarez: I was hoping to get it as a percentage, but... Mr. Prieto: Yes, 75,000, which is around - a little shy of 25 percent. 26 February 7, 1990 a Mayor Suarez: About 25 percent of the overall price, I mean., it's your call, Commissioners, if the fact that they're in reorganization does not necessarily prevent their performance, particularly since it's guaranteed by a bond. I£, in fact, they get the bond. If they don't get the bond, obviously we don't proceed. Mr. Prieto: Yes, and the Commission... Vice Mayor Dawkins: What is the Manager's recommen... what, Mr. Manager, what is your recommendation, sir? Mayor Suarez: Mr. Manager, what do you recommend? Mr. Odio: If we can get the performance bond, I would say go ahead. If they don't, then we... Vice Mayor Dawkins: What is your recommendation to me, sir? No ifs. What do you recommend? Mr. Odio: That we award this subject to obtaining a performance bond for a hundred percent and if we don't, then to rebid. Mr. Prieto: Exactly. Commissioner Alonso: That's what we should do, to rebid. Vice Mayor Dawkins: I'll move the Manager's recommendation. Mayor Suarez: So moved. I'll second the Manager's recommendation. Com:aissioner Plummer: Motion understood? Any discussion? Hearing none, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 90-105 A RESOLUTION ACCEPTING THE BID OF MINORITY SYSTEMS, INC. AND SEALAND CONTRACTORS INC., A JOINT VENTURE, IN THE PROPOSED AMOUNT OF $326,110.00, BASE BID OF THE PROPOSAL, FOR SWIMMING POOL RENOVATIONS; SHENANDOAH AND WEST END PARKS CONTINGENT UPON THE BIDDER PROVIDING A 100% PERFORMANCE BOND WITHIN TEN (10) WORKING DAYS FROM RECEIPT OF NOTICE OF AWARD BY THE CITY; WITH MONIES THEREFOR ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642, PROJECT NO. 331099 1N THE AMOUNT OF $326,110.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM, OR TO REJECT THIS AND ALL OTHER BIDS AND READVERTISE THE PROJECT IF ALL CONDITIONS ARE NOT MET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso ABSENT: None. 27 February 7, 1990 4. (A) STIPULATE CITY COMMISSION'S FIRM RESOLVE NOT TO RENEW LEASE AGREEMENT WITH PRESENT ADMINISTRATION OF CUBAN MUSEUM. (B) DIRECT MANAGER TO IDENTIFY ALTERNATE CITY --OWNED LOCATION TO BE USED BY NEW ORGANIZATION FORMED BY FRIENDS OF THE CUBAN MUSEUM TO BEGIN OPERATIONS AND PURSUE GOALS AND OBJECTIVES WHICH WOULD MORE ACCURATELY PROJECT THE SPIRIT OF THE CITY COMMISSION'S INTENTIONS FOR THE CUBAN MUSEUM - MANAGER TO COME BACK WITH RECOMMENDATIONS. (C) ACCEPT OFFER OF MR. A. J. BARRANCO, CHAIRMAN OF METRO-DADE CULTURAL ARTS COUNCIL, TO MEDIATE AND ASSIST IN NEGOTIATING RESOLUTION OF CURRENT DISPUTE BETWEEN PRESENT ADMINISTRATION OF CUBAN MUSEUM AND A SECOND GROUP FORMED BY FRIENDS OF THE CUBAN MUSEUM. ------------------------------------------------------------ •------------------ Mayor Suarez: OK, we go back to item two. Now, who do we hear from on item 21 Mr. Odio: Not me. Commissioner Plummer: It's a hell of a way to do business. Mayor Suarez: Not the Man... now that we know who don't hear from. Who, on behalf of the Manager, a City Attorney? Commissioner Plummer: I guess we hear from the City Attorney. Mayor Suarez I'm moving to the left here, see, maybe we get... Mr. Jorge Fernandez: Yes, you will hear from me in a minute. Mayor Suarez: In a minute? How about in a second? Mr. Fernandez: A second and a half. Mayor Suarez: ...you, Mr. City Attorney. Mr. Fernandez: You have asked me to investigate, research, evaluate and report back to you on the feasibility of evicting the Cuban Museum of Art and Culture from its premises which they're leasing from the City of Miami pursuant to a lease agreement in effect through March of 1991. I have thoroughly and diligently investigated and researched the legal issues and my advice to you is not to commence the eviction lawsuit. It should be obvious to you that my recommendation is based and my assessment that the City will not be ultimately successful in prosecuting or in bringing this case through the courts. Furthermore, I want to caution you not to discuss on the record, any of the legal issues which are involved in this case nor ask me to elaborate on my recommendation. To do so will unnecessarily expose the City to a number of issues. First, it would force us to discuss on the open record, the strategies that we would have to follow if otherwise, for whatever reason in the future, we may find ourselves in a situation to proceed against them. Certainly, it would force me to discuss the potential defenses that we would have to the claims which they intend to assert against us. I will, however, point out a few important facts that, though not substantive, nor determinative, have influenced me in arrive at the opinion that I have arrived and I have given you here today. Some of... Mayor Suarez: Wait, wait, as to this first grounds, I'm not sure I'm clear. You're saying the initiation of legal action would force you to discuss publicly the potential defenses. Thai's true in any case that we file, is it not? Mr. Fernandez: Not until we file it and not until they file their counter claim against us and not - it is in the court proceeding itself rather than beforehand discussing all of those items to let out, as it were, any potential - - defenses that we may have. } Mayor Suarez: But, I mean, in any case that we ask you for a legal opinion or proceeding on any kind of a legal action you have to weigh potential defenses. i 28 February 7, 1990 r E Mr. Fernandez: Correct. Mayor Suarez: And you may or may not have to discuss them publicly with us. Actually, all we're interested in is your opinion as to whether we can prevail, to tell you: the truth. I don't... Mr. Fernandez: No, in my opinion to you, is not. But let me further discuss it. Mayor Suarez: All right, now you're going to get to the issue of the reasons why you're opinion. Is that, or... Commissioner Plummer: Well, wait, whoa, whoa, whoa. You want me to hold until you're finished. Mr. Fernandez: Yes, please. Commissioner Plummer: But I don't agree with your opening paragraph of what you state there in the record, so let's go from there. Mr. Fernandez: All right. Commissioner Plummer: Because it's a different scenario, as I recall it, that what you're portraying in this memo here. So, if you want me to wait, I'll wait. Mr. Fernandez: Please. Commissioner Plummer: Fine. Mr. Fernandez: Some of the reasons why I am making this recommendation to you today is that in the course of the last month and a half or two months, several community groups, most prominently the Dade County Cultural Affairs, through the person of Mr. Barrenco have volunteered to help the parties involved in this controversy. Namely, and from my perspective, the two parties are the City of Miami and the museum, to work out our problems without recurring to the court system. And this is an offer that I am taking under advisement and consideration and I would like to pursue some of those avenues. Thirdly, the time that it may take to fully litigate all the issues that might arise from an eviction lawsuit, promise to keep us in court up to, if not beyond, the life of this lease. This lease expires, dies, goes belly up, kaput, within a year, March of 1991, Mayor Suarez: That's very descriptive. Mr. Fernandez: Correct. Therefore, if for no other reason, just the time factor, seems to indicate that litigation is not the advisable cause of action — and lastly, lest you think that i am not fiscally minded as all of you are, _ the results to be achieved in this lawsuit, were we to be successful, in the best possible scenario, do not, in my opinion, as your City Attorney, justify = the cost, time, effort, and energy that would have to be spent in bringing this case through the court system. That is my report to you with a very sound advice that it is not advisable to go through with a legal proceedings. Commissioner Plummer: Would you read to me the opening paragraph again that you stated in your documentation. Mr. Fernandez: Certainly. You have asked me to investigate, research, evaluate, and report back to you on the feasibility of evicting the Cuban Museum of Art and Culture from its premises. Commissioner Plummer: Stop. That's not exactly correct. Let me ask this question. Is it not a fact that they have been served notice to evacuate the premises? Mr. Fernandez: Yes. Commissioner Plummer: OK. As I recall, this Commission's action, we said to the City Attorney, sir, only if you find the grounds to be proper do you then proceed to send an eviction notice. I have to assume... 29 February 7, 1990 ,A Mayor Suarez: And there was an implicit requirement that you make a finding of fact on the factual... Commissioner Plummer: Exactly. MOLE Mayor Suarez: ...reasons that we thought that they ought to... _ Commissioner Plummer: Now, I have to assume, when I was informed that the eviction notice had been sent, that you, the City Attorney, had gone through _ and, as the Mayor uses in the legal terms, found that facts that warranted that letter being sent. Because it was this Commission's action that said, that if you did not find them, to come back to this Commission and bring the matter back to this Commission. So, I have to disagree with your original — premise that says that you don't agree or disagree when the fact of the matter _ is, is the letter was sent. Now, I'd ask somebody, because obviously, what this Commission instructed is not been followed through. It's a conflict in itself. Mayor Suarez: In fact, I specifically stated, at the time, it was right �} around the end of the year, that if you were troubled, Mr. City Attorney, as to the findings of fact or the validity of the legal action to be undertaken, that I would call a special session and give you further instructions. So, none of that took place. I'm not sure where we are today, but 1, like Commissioner Plummer, I feel that something was lacking in the procedure that was followed from the point that we acted to the point that we are today. Mr. Fernandez: If I may explain. The... Mayor Suarez: Well, without getting in too much of the history, I've stated the history, as I understood it. Commissioner Plummer has stated it as he understood it. Where are we today? Mr. Fernandez: So you don't want me to explain, Commissioner Plummer's concerns? Mayor Suarez: Well, yes, I... Commissioner Plummer: Yes, please, we're... Mr. Fernandez: OK. Commissioner Plummer: Somewhere along the line, as I sense it... Mr. Fernandez: On December... Commissioner Plummer: ...the ball was dropped and I guess it has to be, you know, put on the record where the ball dropped. Mr. Fernandez: On December 19th, a letter went from the City to the Cuban Museum of Arts and Culture placing them on notice that for a series of what we perceived to be violations, that we were asking them to quit the premises. =i Since then, as a result of their reply and as a result, as I've stated... Commissioner Plummer: Excuse me, for the record, you were asking of them... Mr. Fernandez: Yes. Commissioner Plummer: ...or demanding of them? Well, there's a big difference, you know, you can ask all day long. A demand has got a date. Mr. Fernandez: Sure. And we then said demand. Commissioner Plummer: So, but how was the wording of the letter? -the demand? Mr. Fernandez: The demand, 30 days, yes. 1.`-�-.missioner Plummer: OK, fine, thank you. Mr. Fernandez: Principally, on the issue which we felt was very substantial, '# which was the noncompliance with insurance provisions, since our issuing of =j that letter, it came to our attention that they were, in fact, complying with the insurance requirements which was one of the substantive portions of our 30 February 7, 1990 letter. Putting someone on notice, by way of a letter and demanding, as it were, that they quit the premises does not in any way, begin the actual legal process. It puts them on notice, it gives them an intention of what we intend —= to do and it gives us time to further evaluate and analyze our position. And that is exactly what I have done. And what I'm telling you right now, that is my advice. Not withstanding all the other statements that have been made. Commissioner Plummer: So, what you're basically saying is, we're nowhere. Mayor Suarez: In complex legal terms, that's what he's saying. _ Commissioner Plummer: Yes. Mr. Fernandez: Correct. Commissioner Plummer: In other words, our hands are tied. Mr. Fernandez: Correct. Commissioner Plummer: It's a hell of a way to run a ball game. _ Commissioner De Yurre: Let me ask a couple of questions. _ y Mr. Fernandez: Yes. Commissioner De Yurre: Just for my own edification. My understanding was... Commissioner Plummer: Why do we write leases? I don't understand it. Commissioner De Yurre: Well, my understanding is the lease was pretty bad written lease. Mr. Fernandez: 1979, yes. Mayor Suarez: Particularly when we have a lease that... Ms. Margarita Ruiz: 1981. Mayor Suarez: ...pays the City nothing. We should retain even more rights as to a lease that we're getting nothing for. Commissioner Plummer: Well, yes, but you see, that's one of the dincrepancies of the lease. They do pay the City something. Mayor Suarez: Well, but they get back... - Commissioner Plummer: And in return, we give them a grant. Mayor Suarez: Right. Mr. Fernandez: That's it. Commissioner Plummer: OK? So they do pay the City. In return, they get a grant of money from the City, that's one of the discrepancies. But, remember, that was done for a reason and that reason was that this City Commission felt very strongly about that museum at the time of granting that privilege. And so that we didn't have to go out to bidding procedures, is the only way that we can do it. Mayor Suarez: How come, in other cases, where we have use permits, they are revocable upon giving of a certain... Commissioner Plummer: We didn't have them then. We didn't use them at that time. Mayor Suarez: ...number. of days notice, and not in this case? Commissioner Plummer: We didn't use them at that... Mr. Fernandez: And way back in '79, those requirements were not in the books. 31 February 7, 1990 _ Mayor Suarez: Ah, because we've done those since then for typically charitable and educational and even more than those two kinds of purposes. _ Ms. Ruiz: 181. _ Commissioner Plummer: May I inquire as to one question? Is it written into the lease that that grant of money has to be given every month or is that in an option of the City Commission? _— Commissioner De Yurre: Well, it isn't a grant. We just don't charge them rent. - Commissioner Plummer: No, but I'm saying is, we do charge them rent and in return, that amount is given back to them in a grant. Now, they have not supposedly lived up to the true letter of the lease. Is there a provision in _ there that says that we have to give that grant back to them? -} Commissioner De Yurre: Well, are you saying that... Mayor Suarez: Probably. The grant is on a fiscal year basis too, so it's... Commissioner Plummer: I'm asking, I don't know. - - Commissioner De Yurre: Well, are you saying that the lease specified a ` particular rental amount and then that there was some other document wherein they were granted... -- Mayor Suarez: That's the way I understood it. That's the way I understood =1 it. - -i Commissioner De Yurre: Dollars to compensate for the rent? - —� Commissioner Plummer: It's a paper transaction, is what it is. Mayor Suarez: But does it specify particular amount, as the Commissioner is - =1 asking, or does it not? - �' Mr. Fernandez: My recollection is that it doesn't. _ _ Commissioner Plummer: Does not. Mayor Suarez: Yes, I hope by now, if somebody in the legal department would have this lease memorized. t Commissioner De Yurre: It's not that long. That's for sure. -' Mr. Fernandez: It says, the way that it is, is that the parties agree that for consideration of the lease agreement shall be amended so that lessee may retain a hundred percent of monthly rentals as the City's contribution to the Cuban museum. So, it's really sort of like forgiving... i Mayor Suarez: OK, is that obligation to make that payment separable from the rest of the lease is what Commissioner Plummer's asking? Can we say... Mr. Fernandez: No, it is part of the lease. It is an amendment made to the - lease entered into by the parties. Commissioner De Yurre: Where are you reading from? Mr. Fernandez: I'm reading from an amendment of the lease dated October 2, --� 1981. �} Mayor Suarez: Because I would think, as he's hinting, that the standards for withdrawing future economic support are a lot more discretionary than for cancelling the obligations of the lease. I mean, we should be able, at any time, if we don't think somebody is using a museum for the purposes that we -i intended it to be, which is generally public access to everybody, no sales, no _4 profiteering by anybody related to it, to withhold any financial support -' without having to cancel the lease which has all kinds of other— in fact, it was two different kinds of law. In the first place, it started landlord and —; tenant law and commercial law, two different kinds of law. Couldn't we -t i withhold that support? That's what he's asking. -' 32 February 7, 1490 f AOW AOL Commissioner Plummer.: Isn't it a fact that I brought out at the last hearing, that, in fact, they were put on notice of the prior situation and don't do it again and they did in defiance of that letter. Mr. Fernandez: And that is very correct. I am not here apologizing or presenting... Commissioner Plummer: No, no, no, I'm not asking you to apologize. But that was what I put on the record. Mr. Fernandez: Correct. Commissioner Plummer: Victor, you know, because the other item to me, even though this item that you're bringing out, is, in fact, in my estimation, a breech. The other one is very clear. I mean, there's documented photographs. It is to be open and free to the public. That was clear in that contract that you have. Is that correct? Mr. Fernandez: The... Commissioner Plummer: Open and free to the public. Is that not in the contract? Ms. Ruiz: Yes. Commissioner Plummer: OK. They showed me photographs of an admission, two dollars. They showed me advertisements from the Miami Herald, admission, two dollars. How can there be any discrepancy on that issue? That, to me, is very, very clear. Mr. Fernandez: Looking through the lease agreement, there is no specific reference to admissions and to the... Commissioner Plummer: No, no, no, not to admissions, to be open and free to the public. Mr. Fernandez: I find no reference to that in the lease... Commissioner Plummer: It was in the first page - I don't have it here with me. It was in the first pages of the document which I had. Mr. Fernandez: I don't Commissioner Plummer: Which document... do you have the amended or the original? Mr. Fernandez: I have both. We have both. Commissioner Plummer: Let me see the amended, a copy of the amended. Commissioner Alonso: Do we all have the same contract that they have? Do we all have the same contract that we're talking about thing? Commissioner Plummer: Well, there's two. There's two, Miriam. Commissioner Alonso: Yes, I know that we have two, but... Commissioner Plummer: One is the original, the other was amended. Let me just... Commissioner Alonso: You wonder sometimes, why do we sign leases? Why do we have contracts, when nothing is specific and people can get away with murder. Commissioner Plummer: Well, let's don't use that terminology. Here, "...whereas, lessee has maintained an open door policy at no cost to the public." I'm not a legal man, but damn if that don't make clear sense to one. (Applause) Mr. Fernandez: Whereases provisions are not dispositive provisions of any lease. They're as consideration. And the proposition to be considered on the other side, is that there is not a closed door policy. 34 February 7, 1990 Mr. Fernandez: It's been an agreement between the parties that has been entered to. It would require an agreement between the parties to change that condition. Mayor Suarez: To change it by contractual law. Not by landlord tenant law. Mr. rernandez: Yes, exactly. Mayor Suarez: All right, anyhow... Commissioner De Yurre: Now, in the original lease, they were required to pay an amount certain which was $1,076 a month. A thousand seventy-six per month. Mayor Suarez: A little bit over a thousand dollars a month. Commissioner De Yurre.-.e That was with the original lease. p Mayor Suarez: That dates back to when, Commissioner? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor. Suarez: Thank you, Commissioner Ruiz. Commissioner De Yurre: That was October 2nd, '81. Mr. Fernandez: Correct. It was changed to be rent free. Mayor Suarez: Somebody's gqt the lease memorized. Mr. Fernandez: By'mUtual agreements of the party. Commissioner De Yurre:l Now, let's get back to the reasons why this whole thing came up. Legally,„it was my understanding at the time, that the museum could not conduct sales within the premises of art. Is that correct or not? Mr. Fernandez: The lease is.not specific on that point at all. Commissioner De Yurre: Bdt'wasn't that the reason why this whole thing was started that they were selling items there and it'- was - at least, it was my understanding that that was a'violation of the lease and that's why this whole thing triggered. Mr. Fernandez: It was an interpretation of a clause.',that; to conduct any other activity would be a change in orientation that would require -City Manager approval. Commissioner De Yurre: OK, now... Mr. Fernandez: So, it's a matter of interpretation of the lease. Commissioner De Yurre: OK, so... Mr. Fernandez: It's not an item in which the lease is clear -at all. Commissioner De Yurre: OK, now, are you telling me- or.%. I have .to be clear on this issue and I think everybody here has to be clear on this issue. the fact that a sale is conducted within the, premises, pretty much-actAng what.` I've been led to believe as a gallery of sorts, wherein you go in.there, you have an art exhibit and instead of being an exhibition, it's an art sale. Its that within the spirit under which this lease agreement was entereqinto or not? Mr. Fernandez: It would not constitute a material breech of the lease, in my opinion, number one. Number two, the research that I have done seems to indicate that from its very inception, and from the very beginning, through to, the present, there have been similar activities conducted on t�}ia plremtses.' Mayor Suarez: I could swear that's exactly the opposite of whatyoutoad'rus ' last time. Mr. Fernandez: No, I have never opined as to that issue. 33 February 7, 1990 Mayor Suarez: You also stated last time that the mere indication by a sign that had been posted there the entire duration as far as anybody could tell, that admission cost $2.00, was, itself, a violation of a lease, the principle and the spirit of that agreement, if not the specific letter. Mr. Fernandez: Mr. Mayor... Mayor Suarez: Is that not your opinion now? Mr. Fernandez: No, it isn't. Mayor Suarez: Is that sign still up at the museum? Have you been able to ascertain that? Mr. Fernandez: No, I have not been able to ascertain that. That, in my -_ opinion, would, in itself not constitute a material breech. I want to make it very clear to this Commission that, while I do not hold the position and one way or the other on these issues, my analysis to you and my recommendation is based on ultimate facts as I see them and on what I consider, after having 12 years of litigation experience, and being your City Attorney, what would be bottom lines. I am not in the position necessarily now. I have done it with most of you, if not all of you personally, privately, discussed all of the ramifications in this lawsuit. Discussed the merits of some of the pros and cons. It is not to say that the Cuban Museum of Arts and Culture is wholly - without fault, it's not in many respects disrespectful of this Commission. I'm not making any of those statements and in no way my comments are to be interpreted, I hope, by you. _ Mayor Suarez: We know a lot the statements that you're not making, but I want to tell you that one of the things that we intended for you to do - not to admit to them - but to do, was to check the factual basis of this eviction. Mr. Fernandez: And we have. Mayor Suarez: You've already admitted to me today that you didn't follow through on that even to the point of finding if that little sign was still up there, which was passed around as an exhibit here, and put into the record, I believe. So now, we don't even know unless we are going to trust one side of this dispute, which is not really the way any kind of a deliberative, judicial, quasi-judicial body acts, certainly legislative body shouldn't act. We don't know if that sign is still up there, as far as the City staff is concerned. No one else did an investigation from the City staff? Wally, you're very silent. Mr. Wally Lee: Not to my knowledge. Mayor Suarez: All right, so we're back to not being too sure of our legal - standing. Commissioner De Yurre. Commissioner De Yurre: Mr. Mayor, let me read from a resolution number 87- 285, dated March 31st, 187, signed by you. And I will read a paragraph, one of the whereass, and it says here, " ..whereas, the lessee has demonstrated that it provides a unique public service, free of cost, in the presentation of art exhibitions, lectures, and concerts for the community." Additionally, I'm going to go back to October 2nd, 1981, to the actual lease agreement, clause number four, talks about use. And it says, "...the use of this facility shall be for the operation of a Cuban Museum of Arts and Culture, to include the establishment of art classes and cultural lectures for adults and children in order to provide cultural enrichment to the community. If the lessee wishes to add services or change the orientation of the services provided, approval in writing must be obtainod from the City Manager of the City before such change can be made." Now, the question that I have looming... the question that I have is, whether a museum, by its definition, can conduct an art vale by putting up - I can understand you can have a room where you can sell little things and reminders, a gift shop, of sorts. Now, to take the gallery that you have within a museum, take those walls, put up art work and to sell those pieces, is that the function traditionally of a museum or is that more like an art gallery which is in the business of selling art and making a profit and running that kind of operation. That is a question that I have which is determinative in my decision making process. 35 February 7, 1990 Mayor Suarez: And when you answer that, Mr. City Attorney, take into account _= the - as you must - the provisions that he just read that enumerate two kinds of activities that are supposed to be carried out there and maybe shed some light on what we meant by a museum or a museum of arts and culture, which is what it states on the lease. Mr. Fernandez: Again, Commissioners, you're doing precisely that which I, at the beginning of my presentation, asked you not to do, which is for me to discuss with you on the public record.... Mayor Suarez: We want to discuss on the public record this entire matter, Mr. City Attorney. The moment that we don't, we'll be happy to tell you. Please give us an opinion. Mr. Fernandez: The opinion is that the use clause, in my opinion, has not been violated. Commissioner De Yurre: Then, you feel that a museum can do the function of an art gallery, pretty much. Mr. Fernandez: If you force me to give you a statement on the record, which my first opinion to you would be that... Commissioner De Yurre: Well., then, I need... Mr. Fernandez: ...it's ill advised, is that, of course, I have to be consistent and logical and the answer would be, no. Commissioner De Yurre: No? Mr. Fernandez: Correct. Commisaioner De Yurre: That you can't do it? Mr. Fernandez: No, that they have not violated the use provision. Commissioner De Yurre: OK, so that's what I need to know. You're telling me then that you can have an art exhibit in a museum sell all the art pieces that are being exhibited and that falls very well within the interpretation, the definition of a museum? Mr. Fernandez: If, in fact, that that is what has happened, and forcing you forcing me into a position to have to give you... Commissioner De Yurre: Well, let's say, what if? I'm just giving an example. - Hypothetical. Mayor Suarez: hypothetical, right. Mr. Fernandez: Yes, the answer would be yes. Mayor Suarez: Yes, what? I'm sorry, I missed how he asked it, in the negative or the affirmative? Are you saying yes? -that's not a material breech even if they... Mr. Fernandez: It will not be a material breech. Commissioner Plummer: Well, let me ask a stupid question. And I'll probably get a stupid answer. In your estimation, give me an example of what would be a breech of the contract. Because what I'm hearing here, there is no way there's a breech. Mayor Suarez: Yes, how much can they deviate from what we understand to be totally accessible to the public cultural and artistic exposition before it becomes something other than that? That's, I think, the Commissioner's answer - question is very good. What kinds of hypotheticals can you give us that would clearly constitute a whole different purpose for this facility? Selling drugs, we know, is illegal. Mr. Fernandez: Using it for a complete different purpose, completely outside of the arts and culture. 36 February 7, 1990 Y Mayor Suarez: For example? Suppose they sold furniture there and they said, this is artistic furniture and we are now in the business of selling artistic furniture? Mr. Fernandez: if the furniture has artistic value and it's of an historical nature, and they can articulate a rationale... Mayor Suarers Presumably Cuban in its characteristics, right? I mean, not something that was done in Iowa or some place. That would then possibly still be within the definition of what museum of...? Mr. Fernandez: I would think it would be and, then again, you see, these are all questions that ultimately a judge would have to answer. Mayor Suarers But we must decide on them initially... Mr. Fernandez: Correct. s Mayor Suarez: ...before we take legal action. Then a judge can tell us we're right or wrong. We have to decide, at this point, as legislators, quasi- judicial... Commissioner Plummer: How could something that this Commission looked at as such a fine thing for this community wind up being so detrimental? It is incredible. So, where are we? Mr. Fernandez: You are faced with my recommendation not to proceed with legal eviction or with a lawsuit to evict them and then it's your call, of course, as always. Commissioner Plummer: Our fault? Mr. Fernandez: No, no, no, your call. Commissioner Plummer: Oh, our call. Mr. Fernandez: Your call, C-A-L-L. Mayor Suarez: One other possibility that was broached the last time that we met on this, I believe, Commissioner Alonso presented it, but I very much agreed with it. Couldn't we not make a finding that the people who are presently operating the museum have so diverted from what we understand to be the legitimate purposes of this facility, that we have, as of now, we make a finding that we will not enter into a future relationship with them to operate this facility and that we instruct the staff, if, at the end of this lease, we seek to maintain the present uses of a museum of Cuban art and culture that they will not be considered responsive bidders because they have so diverted, in principle, at least if not in terms of a material breech, from the terms, that we don't want to deal with them? Could we make that finding? I thought that... Commissioner Plummer: Will, let me tell you the finding. There is no way in hell I would vote for a new renegotiated lease. No way. Mayor Suarez: Is that... Mr. Fernandez: That is very apropos and that is, in fact, what I also recommended to you at the last time. Keeping in mind always, of course, that our involvement with the Cuban Museum of Arts and Culture is only one of landlord tenant as it refers to the lease. Any other items or consideration, you know, that transcend the landlord tenant... Mayor Suarez: Except that... Commissioner Plummer: No, no, no, there is... Mayor Suarez: Yes, except beyond landlord tenant, we have a public policy determination what to do with a City facility. If we don't want to deal with certain... 37 February 7, 1990 Commissioner Plummer: No, no, no, there's another aspect to this, Mr. City Attorney. And that is, we're a contributor. Mayor Suarez: Yes. Commissioner Plummer: By virtue of them paying the rent and we give money back, we're a contributor. Commissioner Alonso: That's right. Commissioner Plummer: We're a sponsor. Mayor Suarez: OK, now, I think the Commission has pretty much exhausted our consideration of this. We've got some statements from our City Attorney. Is there anyone 1 .- -s - I see that there's someone here from the Cuban rescue - Cuban Museum resscue committee - I think that's a correct legal term - is there anyone here from the museum itself? The present group that is there in charge, whatever the correct term would be for the managing board of directors? OK, I don't see anybody raising their hand and coming forward. Why don't we let you, Margarita, make a brief statement, please, as to how you see the situation and then the Commission will have to act or not act or do whatever it deems proper. Ms. Ruiz: First of all, I would like to ask... Oh, my name is Margarita Ruiz.. . Mayor Suarez: I'm sorry, before you do, did we notify that this matter was on the agenda? Did we send at least a notice to the people who are over there now? There was someone who was identified as an executive director, I think, here before. Commissioner Plummer: Mr. Mayor, if you read the agenda, it's not really even a discussion item, it's merely a report. Mayor Suarez: It's a report. Commissioner Plummer: That's all that it is. Mayor Suarez: Yes, it's a discussion item, but not necessarily for action. _ OK. It would be helpful, in the future, if we, Wally, notify all the parties — in this of any possible discussion that the Commission... yes. Ms. Ruiz: First of all, I would like to ask what made the City Attorney change his mind? On the letter dated December 19th, it's telling the museum, please be prepared to release and surrender possession of the premises. It wasn't putting them on notice, it was telling them that they had been put on notice in .Tune of 1988, that no more sales could take place in the museum. For some reason, the insurance position was also added to the letter, but the thrust of the letter was the fact that sales had gone on. The contract is very clear as to what can be done and if he wants material breached, the contract clearly says that classes should be conducted on the premises of the museum and they are not being conducted at this time. So that is material breech of the contract. In addition to that, the contract is very specific to the use of the facilities and at no point does it say, sales. There's extensive literature which I made available to the City of Miami when this controversy started as to how a museum is run and what are the functions of the museum. And a gift shop, as Commissioner De Yurre was mentioning, does not generally sell art work. In addition to that, the City, as Commissioner Plummer said, stated to the museum that sales could not continue to take place there without the approval of the City Manager's office. That approval has never been requested by the institution. We have with us today, Maggie Pedraza, who is not a part of the rescue committee, but who I met this morning here at the City Commission and I want this clear, because it has been made believe that... Mayor Suarez: We received - at least I received correspondence from Miss Pedraza - could she identify herself? She's not involved in the rescue committee, she's a citizen of the City of Miami, presumably? Me. Ruiz: I met her this morning on the lobby of this building. I have spoken to her because she called me from an article she read in the newspaper about what was going on and that's our connection to her. But she has been to 38 February 7, 1990 the museum where they have had private exhibitions of art work to be sold. We have heard this through several individuals. She was there with a check to buy a painting and the transaction went sour, but her father and her brother- in-law, I believe, evidenced the sale of a piece of work that was signed, check there. If the City does not take any action to investigate this, what does that say to the citizens of the City of Miami? The lease will not be renovated within a year. For a whole year you can break the law of the City of Miami? Is that what you're telling them? Is that what the City Attorney wants to do? I think that... we are taxpayers of this community. That's a building that belongs to the taxpayers of this community. For that reason alone, if a letter has been sent, we should go to court and fight it in court. How can you tell a tenant, no, you're going to stay in there even though you're breaking the law? You represent the law of this community. Is this what you're telling them? The contract is e::t.remely strict. It says what the use of that facility is. You even put them on notice. There's a space in the contract also that says that if, for some reason, any of this area is violated, the City can break the contract. So I don't understand why the City Attorney is so afraid to face attorneys because they have hired attorneys from ACLU, the American Civil Liberties Union, to give this an idea that this is a political action. While we may think politically in opposition to them, this is a contractual matter and this is the only thing we're discussing. Our dollars are involved in this. They continue to violate the contract and we're telling them, stay in there. I mean... Commissioner De Yurre: Margarita, I would like to hear.. Mayor Suarez: The Commissioner has a request to hear factual evidence. Commissioner De Yurre: ...from Maggie Pedraza on the record, as to her experience. If she can come up... Mayor Suarez: If... Commissioner De Yurre: ...and Miss - Madam City Clerk, if you would swear in... Mayor Suarez: Commissioner, wait a minute, wait a minute. Let me clarify, we don't have a requirement for this kind of a matter that should be sworn in. If you'd like to be sworn in, if you have no problem with that, I think it helps us to have your statement under oath. Ms. Maggie Pedraza: Whatever you deem appropriate. Mayor Suarez: We certainly have the ability to do that, so we don't want you to think that you're required to. Ms. Pedraza: That's fine. Mayor Suarez: OK., proceed to administer the oath, please. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Commissioner De Yurre: Would you please give your name and address. Ms. Pedraza: Maggie Pedraza, the address is 7028 S.W. 83rd Court, Miami. Commissioner De Yurre: And would you relate to this Commission and to the people here listening, your experience related to the Cuban Museum of Art and R Exhibition. — Ms. Pedraza: Yes, early in January, just before the exhibition for Nicholaski _— Yang, I had read in the paper that, in fact, it was going to be this exhibition taking place in the museum about the 19th of January. A couple of weeks before, I contacted the museum with the objective to obtain a telephone number for the artist because I wanted to commission a painting from him. After much conversation with the executive director of the museum, Mr. Osvaldo Monzon, he saw in me an actual interest to really obtain a piece of art in a painting from the artist, so he asked me if I was with the press and, of course, I told him that I wasn't because I'm not. I was just trying to obtain the phone number like I stated before. Basically, at that point in time, he told me that out of the 40 pieces that have been confiscated, that were going 39 February 7, 1990 to be exhibited at the museum on the 19th, there were 20 pieces of paintings that had not been sold as of the date that he and I were speaking and that if I wanted to, he could schedule for me a private viewing with the actual artist =_ so that I could view the paintings that had not been sold. And if I wanted to — buy a painting, you know, at that point in time, I could. Well, I jumped at the opportunity. I was not in tune with the museum, not being a gallery; you're just not in tune with those things. So, basically, we scheduled a meeting for January the 12th, which was a Friday, at 3:00 o'clock in the afternoon. The exhibition... Commissioner Plummer: Where? Ms. Pedraza: At the :museum. Commissioner Plummer: OK. Ms. Pedraza: At the museum. It was attended by my husband, my mother, my father, and myself. The four of us were present. Basically, when we arrived there, there were a couple of other, I guess, fans that were coming in to look at the paintings that were available and they proceeded to take all of the paintings, bring all of the paintings out from the vault. Commissioner De Yurre: Let me ask you, was the museum open at that time to the public or was it just open especially for you and... Ms. Pedraza: No, it was a private... what was described to me was that it was a private viewing. Commissioner De Yurre: OK, so in other words, the museum doesn't have regular hours, like 9:00 to 5:00 that one can go there and see the art work that is being exhibited? Ms. Pedraza: I have been to the museum on several occasions where they have not. They have not been there. Their hours posted, but you go there like on a Sunday at 2:00 o'clock and there isn't anyone around. That's happened to me in the past. Commissioner De Yurre: OK, that's something I want to talk about later also. Go ahead, please. Ms. Pedraza: OK, basically when we arrived there were two people at the museum, Osvaldo Monzon, who is the executive director, and a gentleman by the name of Oscar who I understand is the person that's responsible for selling or for conducting the sale. And later on, I found out that this gentleman works for Mr. Cernuda in his private business. So we were there and we started to look at the actual paintings that they had and Mr. Oscar went to pick up Nicholasky Yang and Nicholas met us at the museum on he 12th at 3:00 o'clock. At that point in time, basically, the paintings that I was most interested on were already sold. I proceeded to give them my business card and asked them if, in fact, there was a cancellation on the one piece that I was particularly interested in, if they would be kind enough to call me. Well, Oscar... Commissioner Plummer: Can I ask you a question? Me. Pedraza: Sure. Commissioner Plummer: Are you in the business or were you doing this as a private individual? Ms. Pedraza: No, just a private individual. I've been reading... Commissioner Plummer: Your business is not in dealing in art. Ms. Pedraza: Absolutely not, I am a property manager, I am with the redevelopment effort. As a matter of fact, of Overtown. Commissioner Plummer: Thank you. Ms. Pedraza: OR. After we talked about the one painting that I had in mind, Oscar told me that no, that the painting had been paid for and that there was really no way that there was going to be a cancellation. Had I chose one of the paintings that did not have a red tag, which was the indication that the 40 February i, 1990 painting was sold, at that point in time, I could have written a check and paid for the painting. I could not have taken the painting with me because the painting was going on exhibition. The whole exhibition is scheduled to go = _ from Miami to New York and then to D.C., from what I understand. I did give Nicholas my telephone number and he agreed that, if, in the future, he worked on something similar to this painting, he will cal]. me. The following Wednesday, which was the Wednesday before the actual exhibition on the 19th, I = got a call from Nicholas - actually it was Tuesday, excuse me - I got a call from Nicholas in my home in the evening and he told me that there had been a problem with the painting that I was interested on and that he really wanted me to have it so that he proceeded to schedule an appointment with me for Thursday, at 10:30„ in the museum, where I could go pay for the painting and, at this point in time, you know, tally up and settle up and the painting would _-- be mine. I wasn't able to make the 10:30 appointment because I have pressing business in the office, but I did send my father and my brother-in-law, you know, to handle the transaction. Nicholas could not make it because he had a whole bunch of interviews that day - it was the day before the exhibition. —� When my father and my brother-in-law arrived in the museum, Mr. Cernuda was there and so was Oscar and Osvaldo, all three were there. They proceeded to tell them that they were there to pay for the painting and they asked them, well, which painting is it? -and they pointed out the painting that they were —_ there to pay for. At that point in time, Oscar informed him that, no, that the painting was sold. That he had just sold it to this couple. I mean, either my father or my brother-in-law could give you a full description of who the new owners are of the painting because they were there. They went to the _— counter, which is over by the entrance, and they wrote a check. Now, in my — letter... Commissioner De Yurre: Who did they write the check out to? Do you know? Ms. Pedraza: I couldn't say. I couldn't stand here before you today and... Commissioner De Yurre: Did you know... had he told you, did Yang, at any point in time, who you would make the check out to? Ms. Pedraza: No, he did not. He did not. Commissioner De Yurre: OK. Ms. Pedraza: In my letter of January 24th to the City Attorney, which I do have a copy of the fax transmittal that it was actually received. My recommendation to the City Attorney is that, in fact, he subpoenaed the museum for a list of who the owners are of these paintings. And, under oath, take their deposition. That will reveal the fact that they bought the paintings in the actual museum because I had the opportunity to do the same thing. Now, based on my calculations, forty paintings, at an average selling price of $550, that's $22,000 worth of income that was generated within a month period of time there. Now, I'm willing to submit to a polygraph. The people from the museum, they say that they'd never saw me, that this didn't happen. I ask them, are they willing to do the same thing? Are they willing to come forward? What has been done, I had an opportunity to meet with the City Attorney yesterday for the first time and I'm just curious what do we do about a situation like this? Is this something that could happen? Who benefits? Mayor Suarez: That's the ultimate question. We appreciate your testimony. Anything else? And then we'll get on with the determination on the item and other items that we have. Commissioner De Yurre: What I would like to know is, going back to the hours that are kept, is the museum going back to the lease? I don't know. Mr. City Attorney, were there any hours supposed to be kept? If we're going back to what is the concept of a museum, you would imagine that it's open for the public, there would have to be hours kept wherein you can just walk in there and view what is there to be viewed. Do we have any evidence of what hours are kept at the museum? Have we cared to check it out? You know, where are we at with that? Mr. Fernandez: There is no requirement in the lease that the City would be in a position to request or demand specific hours of operation. Commissioner De Yurre: But it is for the public use. 41 February i, 1990 Mr. Fernandez: And, then again, that is subject- to interpretation. Commissioner De Yurre- OK. No, so I can understand the whole concept, you know, it was the intention and, again, the purpose of a museum - do we know museums that only open up on given weeks or given days of given months, as opposed to a regular operating hour? You know, from 9:00 to 5:00. Tn it, like it was just mentioned here, is it just by appointments, private viewings? Mr. Fernandez: Our understanding is that throughout the years, the operation of the museum has been on the basis of the activities as the museum board has planned... Ms. Ruiz: That is not true, air, that is not truel Mayor Suarez: Please, please, please... The Commissioner is inquiring and the Commission directs who is being questioned. Ms. Ruiz: Mr. Mayor, Mr. Commissioner... Mayor Suarez: Wait, wait. Commissioner De Yurre: So there's... we have no evidence of ever them keeping any hours according to your information? Mr. Fernandez: That's an issue that we did not consider to be material in our investigation whether they would, in fact, be open seven days a week, from 8:00 to 5:00, for four days a week from 10:00 to 2:00. Commissioner De Yurre: But, certainly, you know, if we're saying what is the normal function of a museum, I think within the normal bounds of what one would expect is that it be open to the public at, you know, during regular business hours. You know, that, at least, you know, common sense dictates that. Now, we don't have any evidence that that museum is open at all? Mr. Fernandez: No, we don't. Commissioner De Yurre: One way or another. Mr. Fernandez: No, we don't. That's not an issue that we've looked at. Mr. Fernandez: OK, but it certainly would be determinative whether, you know, it is - the building is being used. The premises are being used for the function for which it was intended which it was a public facility of Cuban art and culture. Mr. Fernandez: Again, there comes a point then, where the operation of the museum, as a corporation, directed by its own board, becomes a question of management and operation over which the lease agreement that we have with them does not give us any rights. Commissioner Plummer: Can I inquire? Commissioner De Yurre: Go ahead. Commissioner Plummer: Mr. City Attorney. Mr. Fernandez: Yes, sir. Commissioner Plummer: In your estimation... Mr. Fernandez: Yes, sir. Commissioner Plummer: ...in the simplest of forms. Do they have the right to sell art or they do not? Mr. Fernandez: You know, Commissioner Plummer, and to all of you, members of the Commission, you're putting me in a situation where I am leaving doors open. It is ultimately your decision. Commissioner Plummer: I'm just asking you to interpret the contract, that's all. 42 February 7, 1990 - r Mr. Fernandez: Well, I tell you, the answer would be yes. If you want a quick, short answer, yes. — Commissioner Plummer: They do have that right? Mr. Fernandez: Yes, and let me tell you what I'm telling you that. Ms. Ruiz: How cen they? Commissioner Plummer: Go ahead, sir. You wanted to... Mr. Fernandez: Because, otherwise, the lease does not specifically prohibit it and from what we have been able to research and determine as to the standard of operation that would not be something that would withstand the scrutiny in a court room. Ms. Ruiz: Mr, Mayor, please. Mayor Suarez: OK, Commissioners, any further inquiry? If not, last statement and we're going to move on. We have many, tr,.any other items and God, this matter has been before us so many times. We're doing the best we can. Yes. Ms. .Ruiz: We feel the same way, but I think that the City Attorney is an employee of the City of Miami. I have been a taxpayer in the City of Miami for 29 years. I have called his office on several times. Not a single call has been returned. So, he is speaking about a situation where he has not =_ heard all the sides. He's mentioning that the museum wasn't open on regular hours. Where does he get that information? Because, obviously, he has not — spoken or hasn't researched the situation. The museum opened up to May Sth, — 1988, seven days a week. Monday through Fridays, from 9:00 in the morning till 5:00. On Thursday evenings, it was open in the evenings, and on Saturdays and Sundays, from 12:00 to 6:00. That was what was the schedule of the museum and it was maintained that way. The present museum, Mr. Plummer — asked recently, do we work with people who are bankrupt? The present museum administration is bankrupt. They don't have the money to have personnel open the museum to keep it the way Commissioner De Yurre has been asking. This is _ the situation there. They do not have the funds, yet they conduct a sale, as Miss Pedraza stated, where they raise $22,000. That money did not go to museum coffers according to the Miami Herald. That money was divided between the artist and for human rights. How can an institution, who has $4.00 in its bank account afford to give $22,000 to the somebody else? Mayor Suarez: We don't know anything about the internal, operations of the museum. Me. Ruiz: Well, I'm not going to get into operations, but if the museum can raise $22,000, and if you cannot remove them from it for a year, and you're -_ telling them that, yes, you're not going to break the contract, but you're going to let them stay there, breaking the law, then as a citizen of the City of Miami, and as a taxpayer, I demand that you charge them rent because it has become a commercial gallery for Ramon Cernuda. - Mayor Suarez: OK. That was actually an interesting proposal made by Commissioner Plummer and so far, I guess, we've found that pretty much the same answer applies. It's a contractual obligation. I wish we hadn't made that. Not because of this particular issue, just wish that we would never enter into an agreement for, in effect, support or free use of a facility where we did not have the ability to revoke, as we do in almost every other case; typically with a 30 day, sometimes 60 day notice. For some reason, we didn't do it in this case. That was done by prior administrations, you know, and, of course, we've had a change of circumstances in the leadership of the museum perhaps have directed the museum into areas that we certainly didn't contemplate and we probably don't agree with as a matter of public policy, let alone as citizens of the City of Miami. But, we're not dealing with that right now and I don't know what the Commission is going to do. But thank you for your statement., and thank you for your involvement and all of you who have tried to advise us and certainly have helped us formulate facts because sometimes we've got more facts from you than we've gotten from our own staff. Ms. Ruiz: Mr. Mayor, then is it 0K for the citizens of Miami to call you all clowns, like the present museum administration has stated? -because this is what they all called you in the newspaper... 43 February i, 1990 Min MR; Mail NO MWNNNWIKW.7� Mayor Suarez: Miss Ruiz... Ms. Ruiz: ...if the City of Miami., excuse me... Mayor Suarez: ...we get called all kinds of names and today we're not here to discuss.. Ms. Ruiz: Well, it looks like they're well deserved, Mr. Mayor.. Mayor Suarez: And all you're doing, you're just putting into the record more negative and derogatory remarks about the five of us that are up here. That usually doesn't help your cause, so why don't you just finish what your final statement is and we'll get on with our business. Ms. Ruiz: OK, the letter says, dated December 19th, that the City of Miami intended to pursue legal action and I think that owe all the people who are here, who represent many people, to pursue that legal action. I£ not, we look like... Mayor Suarez: We have a lot of obligations. That may be one of them. Thank you for your statement. Thank you for your factual information which has sometimes.been the best that we've had up here, unfortunately. Commissioner Alonso: Mr. Mayor, I'd like to make... Commissioner De Yurre: Commissioner Alonso, if I may, before... I'd like to read so we get, at least an idea, of defining what the scenario is. Mayor Suarez: You have Webster's there? Is that what you're.... Commissioner De Yurre: I've got, you know, and I've had to have gone to... Mayor Suarez: Some dictionary. Webster's, all right. Commissioner De Yurre: ...Webster's New World Dictionary, second college edition, to get a definition of what a gallery is and what a museum is to see if there's anything that we can differentiate. And a museum, according to this dictionary... Mayor Suarez: By the way, if I may interrupt, many Supreme Court opinions have defined things by looking in Webster's, so it's not the first time that this is... Commissioner Plummer: Yes, the problem is, I don't agree with the Supreme Court. Mayor Suarez: Of course, many times we disagree with their opinions. Go ahead, Commissioner. I'm sorry. Commissioner De Yurre: And museum is defined as, among other things, "...an _ institution, building, or room for preserving and exhibiting artistic,, - historical, or scientific objects." And that's that, museum. And I go to gallery and one of the definitions of a gallery is, "...a place or establishment for exhibiting or dealing in art works." Commissioner Alonso: That's what we have. Commissioner De Yurre: Which is, basically, if you have to look at the scenario that has been defined here, or at least at the evidence that we have heard here today, it sounds more like a gallery than a museum, At least that's ray interpretation from, you know, these two definitions, and the evidence that has been offered here at this day. I just thought I'd throw = that in there for further edification. Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Yes, I'd like to make some comments. I've been here on this Commission for about 3 months and I have had two very sad experiences with contracts that the City of Miami has signed in the past. One is this one, Cuban Museum. The other one is with the cable company. In both cases, I found that whatever the contract said, was not the intention of this 44 February 7, 1990 z s _ Commission, neither the desire of the public. And I'm very sad to see, as Margarita Ruiz mentioned, we've been labeled clowns by people who are in =+ possession at the Cuban Museum, Now, we might also be called clowns by the other group because of the actions that we might have to accept. I'm very -s disturbed because I think the City of Miami., when signing a contract, an _— agreement, should make it so clear and effective, that everyone understands loud and clear what we want and what we are going to enforce. We are facing today that whatever that contract says, it means nothing. We thought that we = had a Cuban museum when, in fact, we have an art gallery. And, really, I don't know what is the answer to the question. We have our attorney advising - us not to go in a legal battle because _ it's going to take a long time, longer = than the contract that we have with the people in the Cuban Museum. That it's - going to coat the taxpayers even more. But then, in the other side, I see —_ that issue of a moral obligation that we have. The moral obligation of our _ — responsibility has to say, we have a contract, people have to respect the -_ contracts that we have. What is in the content of this contract? I'd like to know, for a fact, is this a museum? Is this an art gallery? Are they allowed —_ to sell? Are they allowed to do what they please? And, if so, if they can =_ change the content of this contract or if, in fact, this contract is so vague, why don't we start charging them rent starting today. Since nothing is said in that contract, since that contract means nothing to anyone, since no one —_ respects the contract, why don't we start charging them rent, starting today and see how it goes? -- Mr. Fernandez: Because we have agreed and if they agree or they consent to be charged rent, then that would be a fine idea. We cannot impose on them a _— rent, because then, we would violating the lease agreement that we have with — them. Commissioner Alonso: So, Mr. City Attorney, when the pocket comes back to the - City, we always have an obligation. If it's the Cuban Museum, we have the - =_ obligation not to charge rent to them. If it comes with the cable, we have the obligation to maintain the company even though they are not responding to -_ the —A.s f th 1 Thi I d o e peop e. s, cannot un erstand, that we sit up here and make decisions and try to do the best job we know how and end up with these problems in our hands. I want to be certain that starting today, whatever agreement, contract, lease and whatever we sign, is it so clear that the City of Miami is not embarrassed one more time. Because we have been embarrassed for such a long time that I really don't know what to say or what position to take. I don't know whether we should take the advice of the City Attorney or to go what we feel is the moral obligation that we have. I really don't know what is the wise position to take in a case like that, And I hope that we don't ever have to face this problem again. Mayor Suarez: Let me extend the analysis that you have very adequately, properly carried out on leases and the case of the cable company, a franchise, which really has even greater economic connotations for our citizens. Because it really was understood by many, and I know by the cable company, as being an exclusive franchise, although I see that we've got an opinion now that it may not be exclusive and that might pose all kinds of interesting possibilities of negotiating with TCI. To say that we, and Mr. Armada's here and Mr. Williams, who have done many of our leases, and for the public, .you know, I wouldn't' want to give the impression that we have not improved greatly the leases that we enter into. For example, we have built into all he leases, even if they're long term, bayfront lease, a take back provision. We have specified in those that we could take back property without having to pay the value of the lease. One of the saddest things in the history of the City of Miami was to have to buy back the lease on a restaurant over at Bayside that a few years before —_ could have been obtained back by simple eviction because they weren't paying their rent. In that particular ca6e, their rent wasn't waived, as it is in this case. So, we've made many improvements and I fully agree with you, Commissioner Alonso, that even when it's a charitable institution, even when it's - what I thought was the equivalent of a use permit although I'm being educated otherwise - with all kinds of unilateral options for us to take it back, apparently none of those provisions were built into this lease and I - hope that they are in the future. Particularly, when we're not getting any economic gain for the citizens of Miami and people may wish for that. And so, to extend your analysis to that, I wanted to add that into the record. Finally, we have before us - I don't know if you've made it into the form of a motion on trying to charge rent - let me caution you on one point that I think that they might agree with. The idea of charging rent, even though we're not too sure we can do it legally, but besides that, more importantly, 45 February 7, 1990 symbolically, I'm not sure if that doesn't legitimize the group that is now in charge of the museum. I would be concerned a little bit about that if I were = _ considering that aspect of it. Unless the City Attorney tells us we can do it, I'm not going to vote for it in any event, but I just caution you that it —_ might be legitimizing the group that is there to ask them to pay rent. You =_ might consider that. So, in any event, if we don't have a motion, I will now entertain a motion... Commissioner Plummer: Question. Mayor Suarez: Yes, Commissioner Plummer. Commissioner Plummer: Mr. City Attorney. Mr. Fernandez: Yes, sir. Commissioner Plummer: After hearing the conversation of this Commission, if this Commission were so disposed to, in whatever way legally to evict, in your estimation, is there anything this Commission could do if it was so disposed to evict? Mr. Fernandez: No. Mayor Suarez: By the way, I saw Dr. Candela raising his hand. I want to tell you, Doctor, that I attempted to return your phone call and got your answering service who told me that they would not convey my message to them because you were not the person on duty. So, tell them that, occasionally, you get a call from someone other than a patient, who is returning your call and would really like for that message to be conveyed and not to one of your assistants or colleagues but to you. And, anyhow, we had a nice discussion as to what her duties were supposed to be under her contract with you, which I probably shouldn't have gotten into. But, it was my intention to return your phone call. Commissioner Plummer: You can throw... Mayor Suarez: Margarita, I had taken you as a spokesperson and, ;n fairness to people who are waiting on other items, if you have anything, Doctor, to add, please go ahead very quickly, Dr. Andres Candela. Dr. Andres Candela: Andres Candela. I am a physician, 42 Bay Height Drive, Miami, Florida. I am a Miami citizen and a taxpayer. I feel as embarrassed as Mrs. Alonso said and I feel sorry for the City Commission that feel so embarrassed about the whole thing. And one of the most important item in any City and in any public representative of the City of the people of Miami, is self esteem and I feel that now the City of Miami, you, the Commission, back up, then it means that you lose somewhere in front of the public, kind of respect. I feel that we should go to court regardless. Thank you. Mayor Suarez: We have a great saying in Spanish that applies to that. "Rasta un sabio se sienta en un hormiguero." In any event... Commissioner Plummer: Would you translate that, please? Mayor Suarez: Even a wise man sits on an ant hill, although there's a following part to that that says, and he gets up very quickly. In any event... "Se levanta muy rapido." Commissioner De Yurre: Mr. Mayor, I'm going to, at least I'm going to make a motion... Mayor Suarez: Commissioner De Yurre. Commissioner De Yurre: ...I'm going to make a motion right here today so that there is never any doubt as to where we're headed, that upon the expiration of this lease, that it not be renewed. That is my motion. Commissioner Alonso: I second. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roil. 46 February 7, 1990 The following motion was introduced by Commissioner De Yurre, who moved Its adoption: MOTION NO. 90-106 A MOTION OF THE CITY COMMISSION STIPULATING ITS FIRM INTENTION AND RESOLVE NOT TO RENEW THE PRESENT LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE PRESENT ADMINISTRATION OF THE CUBAN MUSEUM UPON EXPIRATION OF SAME. 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 Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Commissioner De Yurre: Now, as to the other issue, it bothers the hell out of me to see what is going on there, in the sense that, you know, we're looking at a situation like we get all kinds of evidence of activity going on there which is not conducive of what a museum should be. It is my, you know, according to the information I have, it does not keep regular hours. According to the information that I have, there's art work being sold there even though it has not been established where that money goes, whether the museum gets to keep any of it, which would be an art gallery or whether the money - building is just used for the artist to come in and sell and make his money. That has not been established one way or another. We don't know if a check is made to the museum or if the checks are made to the artist, per as, which I tried to get on the record, which we don't have. Mayor Suarez: Put in there too, the requirement of an admission fee which, I think, goes counter to the spirit. Commissioner De Yurre: The requirement of an admission fee, which is $2.00. You know, there are so many things that go against what I feel is the spirit of the museum and all that indicates for me to go ahead and to move in the direction of proceeding with this action. Then I've got the City Attorney telling me that we shouldn't do it, that there's not enough evidence, that there isn't a violation of the spirit of the lease and what I'm looking at basically is that the lease never specified what that spirit was that we had at that point in time. That lease never said that this was meant for a particular purpose, that it was meant to maintain the culture of the Cuban community, to the understanding of the spirit of the Cuban community in general in this community. That it has left itself so open that this situation, which, as far as I'm concerned, totally different from what the original purpose was, legally, according to our City Attorney, is allowable. And that bothers me greatly and I would like, I certainly would like to go ahead and proceed with this action, again, understanding what the City Attorney tells me that it would be a great loss to the City, that it could not be won. You know, I'm caught between a rock and a hard place. INA{TDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner De Yurre: Now, I'd like to hear from the rest of the Commission because, you know, I think that... Commissioner Plummer: Well, let me give you one thing that I'm sitting here thinking about. We don't like it, we don't want it. I think this Commission has made it extremely clear. Are we not overlooking possibly one area that has been offered that even though it might not be acceptable, should be pursued. I would hate to think that we've got to go another year with this controversy and all of that. (Applause) 47 February 7, 1990 Commissioner Plu.wier: But wait a minute now, wait a minute, what I'm going to say, you might not clap. A. J. Barrenco has offered to come in and see if there was possibly a way to negotiate. Ms. Ruiz: Mr. Commissioner... Commissioner Plummer: I'm not saying that it would accomplish anything except to say that reasonable people can disagree, but they don't have to be disagreeable. I think if this Commission is going to hold its face high, has got to be able to say that we gone every nth of the mile to try and bring about peace and harmony in the total community and I'm merely saying that I think that it is a very fine offer on behalf of the arts and cultural committee of Dade County to at least try to sit down and see if in that year to come, that we try to find some area of peace and harmony so that the community could benefit, not one side or the other. I heard one of the proposals, whether or not it was offered or not, that a board be put together of half and half with a City Commissioner sitting in the middle. I don't know that that's acceptable. But I'm saying, are we really of the spirit that we want to do for the community? And if so, are we really doing it by not taking up the offer of at least trying to have a third disinterested party come down and try and negotiate. I personally can see no loss in at least trying. I see nothing lost at all. They might have the same adamant positions at the end of the negotiations, they might not even want to negotiate. But I, for one, in the interest and the spirit of trying to bring about the harmony in the community, think that at least we should try. Commissioner De Yurre: J.L., I'm going to propose something because I think that, to a great degree, we have to move on and I feel that the way the Cuban Museum of Arts and Culture is being conducted today, in time it will die. It will cease to exist, certainly where it's located. There is a great spirit in this community which is reflected by these people that we have here today. It is a spirit that existed for many years, a spirit that lost its home, physical home, due to the circumstances that transpired in the last couple of years. I would make a motion at this time directing the administration to find within our properties, a suitable location so that a new entity, reflecting that spirit can move into that building and continue the work that it had been giving to this community for many years until this recent problem surfaced about a year and a half ago. I think that it's time to be creative. I think it's time to move in a direction where we can display our feelings, display what we have, what we are in that fashion that we move in that direction, give them a new home that they can exhibit their feelings that the feeling of the Cuban community in exile with great pride, joy, and satisfaction. And I would put that into the form of a motion at this time. Mayor Suarez: So moved. Commissioner Dawkins, Vice Mayor. Vice Mayor Dawkins: I'll second for discussion although I don't know how I will vote on the issue. Mr, City Attorney... Mr. Fernandez: Yes, sir. Vice Mayor Dawkins: You've said that legally we do not have a leg to stand on. Now, Commissioner De Yurre, said - I mean you've also said that in a year, the contract will expire, is that right? Mr. Fernandez: Correct. Vice Mayor Dawkins: Now, Commissioner De Yurre is saying, and if I'm wrong, please correct me, that in order to have peace and harmony in the community and in order to provide both sides with the vehicle, for the lack of a better word, to express themselves, that we find a facility with which the true, for the lack of a better word, spirit of the museum can be carried out. If we do that, and we do not bother, for the lack of a better word, the present museum, when the year is up and we do not renew the lease, can the group that's in the temporary, for the lack of a better word, facility suggested by Commissioner De Yurre, be moved to what we now have as a museum. Legally. Mr. Fernandez: Yes, the City is free to enter into a revocable permit with whatever institution it chooses. So the answer to your question, the short answer is, yes, you can do that. 48 February 7, 1990 Vice Mayor Dawkins: Thank you. Let's get through with this. I mean, I = don't... please, I don't need any more editorializing, please. = Mr. Fernandez: Yes. i Vice Mayor Dawkins: If I ask a question, please give me an answer.. Mayor Suarez: OK. Mr. Fernandez: The answer is, yes, Commissioner Dawkins. Mayor Suarez: OK, we have a motion and a second. Any discussion? If not, please call the roll. Commissioner Plummer: Wait a minute, wait a minute. Mayor Suarez: Commissioner Plummer. Commissioner Plummer: Let me understand. What you're saying is to find a suitable facility and make it available to another group until the other contract is over? Commissioner De Yurre: Well, that - certainly we can address that at that point in time. They may like the new place better and, you know, we never know. So, certainly, we would have that option that, in the future, when the lease expires, so re... or visiting that issue. Mr. Fernandez: That would be the advisable way to proceed, yes. Commissioner Plummer: Why? Mr. Fernandez: Because at that point in time, many imponderables may happen, such as, like Commissioner De Yurre mentioned, the new premises being more suitable and more to their liking. Mayor Suarez: When that contract expires, that lease expires, we have every possible option as to that property. Mr. Fernandez: You certainly do. Mayor Suarez: It's a very simple point. Mr. Fernandez: That's right. Mayor Suarez: And, at this particular point, as to any group, including the one led by the rescue committee, we also have options as to other properties, so... Mr. Fernandez: Correct. Mayor Suarez: ...that's all we're instructing you to do to the staff is to proceed with looking at a possible site, on a temporary basis, or a permanent basis, whichever - we haven't really decided, and I see Al Armada, who is smiling, meaning he's got all kinds of properties available. Perhaps not as nice as this one and certainly not with the building that is so historical and so suited, perhaps, to the purposes at hand, but... - - Commissioner Plummer: How about Gusman Hall? Mayor Suarez: In any event, we have a motion and a second. Unless there's any further discussion, we do have other items. Commissioner Plummer: Let me understand clarification... Mayor Suarez: Yes. Commissioner Plummer: ...that is for the administration to look and report back. Mayor Suarez: That's right. Commissioner Plummer: It is not an action. 49 February i, 1990 Mayor Suarez: That's right. Commissioner Plummer: OK. Mr. Fernandez: Correct. Vice Mayor Dawkins: Hold it... Mayor Suarez: But I think there's a recommendation there that we do find space for them. Vice Mayor Dawkins: Wait now. I need a clarification. Are we saying that we're going to provide a space? Commissioner De Yurre: Given that we have one. Vice Mayor Dawkins: I know one. Somebody tell me how many feet square we rent and don't use in - what that? -that number one building or whatever... what is that building is on Biscayne Boulevard where we got the DDA? Commissioner Plummer: Number One Biscayne Boulevard. Vice Mayor Dawkins: Number One Biscayne Boulevard. We got 10,000 square feet of space that we are... come up here, Mr. Al Armada. I don't know why you all do this to me. Commissioner De Yurre: Well, you're the eldest one here so you got to know how to do things better than, ,you know... Vice Mayor Dawkins: No - oh, OK. Commissioner Plummer: Yeaaaaa. Vice Mayor Dawkins: How many square feet do we have leased at that building, sir? Mr. Al Armada: I think it's about 8,000 square feet. Vice Mayor Dawkins: All right, and it's leased until what year, sir? Mr. Armada: Commissioner, I'm sorry, I can't answer that question to you right today. I can't answer that question. I don't have the information with me right now. Vice Mayor Dawkins: All right, well, I think we got about a four lease we can't get out of. Mayor Suarez: Yes, three to five years, I believe. Vice Mayor Dawkins: Three to five years. OK, so, see, now you can make me correct where I am between three and five. So that's space that can be used. So we got space. OK? Commissioner Plummer: What's the DDA going to do? Vice Mayor Dawkins: They don't need 10,000 square feet of space for four people. Commissioner Plummer: Oh, I agree with that. Vice Mayor Dawkins: OK, all right, no problem. See, so all we're saying that we're going to find a space or are we saying that we're going to make these people feel good by telling them, go ahead, we're going to give this to the administration and the administration come back. That's all I need to know. Commissioner Plummer: Excuse - let me go for clarification because you might be blowing an issue I've got later on. The Sports Authority's offices are presently where? Commissioner De Yurre: Dupont Building. 50 February 7, 1990 Commissioner Plummer: OK. And we have this space available in the DDA And one of the ways of cutting cost is if the Sports Authority executive offices = could be moved into the DDA, which I think they easily can, we can save 43 thousand and twenty-three dollars a year that they're paying rent presently. Commissioner De Yurre: But, is that on a month to month basis? Commissioner Plummer: I can't answer that. It most likely is, the admin... Commissioner De Yurre: Because if not, we'll probably get stuck. - Commissioner Plummer: The administration is instructed not to make long term leases, so I'm assume it's a short term. For the life of me, I can't understand why they got to pay $43,000 in rent. And especially when we have, as Commissioner Dawkins says, spare space in the DDA suite, penthouse, ultra - deluxe facilities. Commissioner De Yurre: Well, I think what you got to do is just give priority to this effort. Commissioner Plwnmer: Well, OK, I'm just saying, I don't want to preclude... Commissioner De Yurre: How much space would you need? Ms. Ruiz: As much as you have. Commissioner De Yurre: No, no, let's be realistic now. Mayor Suarez: They'd probably be looking for... Commissioner Plummer: How about the Orange Bowl? Mayor Suarez: They probably would be looking for free... Ms. Ruiz: We would manage that nicely, yes, thank you. - Mayor Suarez: They probably would be looking for free standing space too, Commissioner. But, anyhow... We may have some space at the Artime Center. We may have some space in a lot of places. He's already looking, he's already = excited about the prospect of finding a suitable facility. So we have a _ motion and a second. Is there any further discussion on that? Commissioner De Yurre: Oil, the motion is for them to start working to find a — place. I don't want them to come back. I want it to start working Immediately. Mayor Suarez: Yes, and have a suggestion and report back by no later than... Commissioner De Yurre: The next Commission meeting. Mayor Suarez: Next regular... Commissioner De Yurre: We should know by next... Mayor Suarez: The next regularly scheduled Commission meeting? Commissioner De Yurre: The fifteenth. Mayor Suarez: Not planning and zoning? Commissioner De Yurre: Yes, the next meeting of the 15th. Mayor Suarez: All right, by the 15th. At least, with a report. Commissioner De Yurre: You know, we can move quickly on this. Mayor Suarez: So moved and seconded. Commissioner, are you OK on the second? If not, please call the roll, if there's no discussion... 51 February 7, 1990 The following motion was Introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 90-107 A MOTION DIRECTING THE CITY MANAGER TO IDENTIFY AN ALTERNATE CITY -OWNED LOCATION TO BE MADE AVAILABLE TO A NEW ORGANIZATION FORMED BY FRIENDS OF THE CUBAN MUSEUM IN ORDER THAT SAID GROUP MAY USE SAID PREMISES TO BEGIN OPERATIONS AND TO PURSUE THE TYPES OF GOALS AND OBJECTIVES WHICH WILL MORE ACCURATELY PROJECT THE SPIRIT OF WHAT THE CITY COMMISSION INTENDED FOR THE CUBAN MUSEUM TO BE AND TO DO; FURTHER DIRECTING THE CITY MANAGER TO REPORT BACK TO THE CITY COMMISSION NOT LATER THAN FEBRUARY 15, 1990. 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 Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Alonso: I will vote yes. But I'd like to say, I'm not certain that this is the answer to this problem. Commissioner Plummer: It's not. Commissioner Alonso: I'm not satisfied with it. I'm going to go along but my feeling this is not the answer. Remember that again, we had a legal question in front of us and that, to my understanding, we have not addressed the real issue. But anyway, I'm going to go along with the motion and I will vote yes, but you know my feeling. Vice Mayor Dawkins: I'm voting yes. We pay the City Attorney to advise us legally. Now, the City Attorney advised me that we cannot win. In the event that we, the Commission, chooses to disregard the advice of the City Attorney, then the City of Miami is not longer liable for our position. We, the Commissioners, are personally liable for our action. So, irregardless of how I may feel, as long as we pay the City Attorney to advise us, I must be governed by his advice. I vote yes. Commissioner Plummer: Only because it has to be brought back to this Commission for approval and it is a possible alternative, I'm going to vote yes. But I'm not saying that I will vote yes when the issue comes back before US. COMMENTS MADE FOLLOWING ROLL CALL: Commissioner Plummer: Mr. Mayor, at this time, I would like to make a motion that we accept the offer of Mr. A. J. Barrenco to serve as a negotiator with the blessings of this Commission to sit down, if possible, and to speak and to talk with the parties if they're so agreeable. It doesn't mean they have to do it. But I think that we have to demonstrate that we have gone every nth of the way. Ms, Ruiz: Mr. Commissioner... Commissioner Plummer: And only can we do that, by accepting this offer to negotiate and, hopefully, bring about peace and harmony in the community. It doesn't mean that they have to do it. I'll so make a motion. Mayor Suarez: So moved. 52 February 7, 1990 too I INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Wait, because it may or may not get a second. And I'm not sure that it's otherwise worth getting into that issue of who is entitled to negotiate or not. Certainly, anyone who thinks they can negotiate this issue, is encouraged to try it. Some of us have tried it way, way back and would — give you a fair report as to which side was more willing to come to the negotiating table and which then the other side, but... Commissioner Plummer: Mr. Mayor, just for the record now. That was not Mr. A. J. Barrenco as an individual or as a lawyer. Mayor Suarez: Yes, the Arts... -� Commissioner Plummer: But on behalf of the Arts Council. Mayor Suarez: Right. Arts in Public Places in the County. OK, unless somebody seconds, going twice, going three times. Let it not... _ Commissioner Alonso: Well, I... Mayor Suarez: ...be a reflection that we wouldn't want some negotiation. I think we agree with the thrust of the... Commissioner Alonso: I will second the motion just for the sake of discussion so they don't say it died for lack of interest and let the reflect the feeling of this Commission. I second it. Mayor Suarez: OK, seconded, for discussion and vote, presumably. Right? Commissioner Alonso: Yes. Mayor Suarez: OK, any discussion on it? I don't think it merits a motion, but I will vote with the... Commissioner De Yurre: No, we always welcome anybody that wants to help out in any effort, so... Mayor Suarez: Yes. Commissioner Plummer: Hey, he's the only one that's offered. Mayor Suarez: But since it's been made into a motion, I can't imagine voting against it. It doesn't compel anybody to negotiate, certainly. So you need not address the issue. We have a motion and a... Commissioner Plummer: It's not mandatory. Ms. Ruiz: No, I need to tell you, we called Mr. A. J. Barrenco. He refused to meet with the Cuban Museum Rescue Committee. Mayor Suarez: Well, maybe he wants to know for sure that both sides... Vice Mayor Dawkins: ...I thought you closed up public hearing... Ms. Ruiz: So how can we have somebody that doesn't want to discuss...? Mayor Suarez: Yes, I did. I closed up public debate unless any Commissioner wants to hear... this motion doesn't do anything. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-108 A MOTION OF THE CITY COMMISSION ACCEPTING THE OFFER OF MR. A.J. BARRENCO, CHAIRMAN OF THE METRO-DADE CULTURAL ARTS COUNCIL, TO SERVE AS A MEDIATOR AND NEGOTIATOR IN RESOLVING THE PRESENT DISPUTE BETWEEN THE PRESENT ADMINISTRATION OF THE CUBAN MUSEUM OF ARTS AND CULTURE AND A SECOND GROUP FORMED BY FRIENDS OF THE CUBAN MUSEUM. 53 February 7, 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. Mayor Xavier L. Suarez NOES: Commissioner Miriam Alonso Vice Mayor Miller Dawkins ABSENT: None. Mayor Suarez: OK, thank you everybody. Hopefully, we'll be able to go on with the business of running the City. Ms. Mignon Medrano: Mr. Mayor. Mayor Suarez: Ma'am, your opinions on being a voter and a citizen, you may give and on being disappointed, you may give at some other forum, but not here and not now. Ms. Medrano: Mr. Mayor. Mayor Suarez: A lot of us are appointed and disappointed. Debate is closed on the issue, Mignon. We have heard on this matter so much I can't imagine anything new being stated. Commissioner De Yurre: Well, give Mignon 60 seconds. Ms. Medrano: Thank you. Mayor Suarez: All right, at the request of Commissioner De Yurre. Go ahead. Ms. Medrano: I would like the City Attorney to be present. Mayor Suarez: He should be present for all discussions. Ms. Medrano: Commission, I'm sorry... Mayor Suarez: That's a good point. I don't know where he was going, but wherever he was going, he should be here. Ms. Medrano: OK, my name is Mignon Medrano, I'm founding president emeritus of the Cuban Museum and I, for one, know exactly what the spirit behind that contract is and that was one of Commissioner De Yurre's concerns. I'm sorry, I live at 90 Edgewater Drive in Miami... Commissioner Plummer: Coral Gables. Ms. Medrano: The bylaws and the act of incorporation of the Cuban Museum form part of that contract. They are an addendum or addenda to that contract and these bylaws specifically say that the museum, the purpose of the existence of the museum, was to gather, in one place, outside of Cuba, everything that spoke to us of our heritage, our culture, our historic values, our folklore, - so we could transmit it down to other generations and so that it could be a bridge of understanding to bring about closer ties with the rest of the ethnic groups in the community. I would like to tell the City Commmissioner and, I'm sorry, the City Attorney, that I don't share his views that cost, energy, and time have anything to do with the defense of principles. When the present directorate of the Cuban Museum took over, practically by force, taking advantage of an emotional resignation by seventeen directors, they filled those places with friends, business associates, and people who were committed to them by economic ties. I was fortunate enough to have been away at that meeting. At the time I lived in Washington, D.C., I used to come every month for that monthly board of directors meeting and I was fortunate enough to have _ been absent so I did not resign and for one full year and a half, I had to witness, because I was on one side and the rest were on the other side. I had to witness lawyers trampling on bylaws, ignoring agreements, destroying everything that had been built. The friends of the Cuban Museum had raised over half a million dollars with different activities that they conducted every year. They abolished the friends of. the Cuban Museum because they 54 February 7, 1990 Ll didn't want to extend too much their range of operations and their clique. They used up monies that were set aside for - that were earmarked, not set aside - earmarked for specific purposes like $10,000 from American Express for an historical hall. All that was turned into operations, operations that were never accounted for. During that whole year, there was not one single financial statement distributed there. You have no idea of the things that have happened and that are happening there. And if we let these people stay there, we are all accomplices of this immoral situation, that's what it amounts to. I really cannot share the City Attorney's views that it would cost too much time, too much energy and too much money because I had to pay my way back and forth from Washington, D.C. to Miami just to be a voice there, not to even to be recorded because no minutes were taken of the meetings. No, heaven forbidl I even had to hear the... I was very moved, by the way, with your invocation this morning, because at the Cuban Museum, the first articles stated in the bylaws, that we are a nonprofit, nonsectarian organization. But we state a firm belief in God and in the democratic principles that guarantee the freedoms and the rights of man. That was wiped out by the new directorate. God and the principles of democracy that guarantee the freedoms and the rights of man. And, for defending those principles, sometimes I had to come twice a month and you know very well that if you plan your trip with one week ahead of time, you can get away with a $200 fare, but if you have your meeting cancelled because they know you're in town and they cancel the meeting and when you go back, they reschedule the meeting and somebody wants to help and tells you, hey, Mignon, come back, the meeting is going to be day after tomorrow, then it cost me $580 each time I played that game. So, there's no price, there's no cost, there's no energy, no time, no family problems, nothing personal that you can put ahead of defending one's principles and those were the principles of the Cuban Museum. Commissioner Plummer: Mr. Mayor, may I inquire... (Applause) Mayor Suarez: Commissioner Plummer. Commissioner Plummer: Mr. City Attorney. Mr. Fernandez: Yes, sir. Commissioner Plummer: 'We've sent them a notice to get out. Where are we now? Mr. Fernandez: We are in the - like we have decided or like I have reported to you, not to proceed with that note. I am meeting with their attorneys. I have met with them in the past and we're in the process of rectifying what I perceive to be irregularities with the way that they are interpreting that contract. It is my intent to continue to report to this Commission as to i advances that we're making in terms of understanding each other and avoiding =_ many of the areas of difficulties that we have had in the past. Vice Mayor Dawkins: Mr. Mayor... Commissioner Plummer: So, we're no where. - Mayor Suarez: Yes, and we've exhausted this topic. Commissioner Dawkins, _ anything else? Vice Mayor Dawkins: Mr. City Attorney... Mr. Fernandez: Yes, sir. Mayor Suarez: We haven't exhausted the topic. - Vice Mayor Dawkins: For the benefit of the citizens, especially Miss Mignon, in my office, when you and I talked, the issue was not explained to me that _ the reason we should not pursue this in court was because of the time, energy, and money. You explained to me that we should not pursue this because we would lose in court. Is that a correct statement? Mr. Fernandez: Correct, sir. i Vice Mayor Dawkins: See, so but somewhere along the lines now - I mean, these citizens are led to believe that this Commission is not pursuing this because 55 February 7, 1990 i of the financial burden even though there may be the possibility of winning it, we don't went to pursue it because of the cost and that is not what you told me in my office. And I think... Mr. Fernandez: And that's not what I've stated here in the record either. Vice Mayor Dawkins: OK, all right, well I think it should be stated on the record here and now that five Commissioners up here are not voting for this because you sold them on the idea that it would be costly. We're saying, because you, as an attorney say you can't win it in court. Mayor Suarez: Item four. Thank you, Margarita, for your input and all the people who are involved in this. Thank you, Mignon. 5. SECOND READING ORDINANCE: AMEND 10642 - INCREASE APPROPRIATION ($1,500,000) FOR LOCAL DRAINAGE PROJECT FY '89-FY'90 (project no. 352267). Mayor Suarez: Second reading, capital improvement appropriations ordinance. Commissioner Plummer: Move item four. Vice Mayor Dawkins: Second item four and under discussion. Mr. somebody, in the third paragraph it says, "...the Department has identified approximately fifty storm drainage catch basins that are still connected to sanitary sewers." Ire that correct? Mr. Luis Prieto: Yes, sir. Vice Mayor Dawkins: Now, when we passed the budget September 28th in 1989, why weren't these fifty storm drainage catch basins put into the budget? Mr. Prieto: it was a matter of priorities, Mr. Commissioner. Commissioner Plummer: Sir? Mr. Prieto: It was a matter of priorities. Since that time, we managed to collect, from the State of Florida, an additional 1.65 million dollars for this program and we need to match their funds with our's so we can increase the rate of productivity of the department. Vice Mayor Dawkins: All right, where in this ordinance do you tell the taxpayers that you have 1.5 million dollars of state money that you're doing this with? Where in this ordinance do you spell that out? Mr. Prieto: It's not spelled out here, air. This is just to match those funds separately. They weren't relevant to the reason we were transferring from GO bonds. This is merely to take funds that were authorized and making them available for use during this fiscal year. Vice Mayor Dawkins: I'll ask my question again. On September 28th, 1989, at the budget hearing, you told me, the Commission, that for the storm drainage program and etcetera, you needed 2 million dollars. Mr. Prieto: That's right, sir. Vice Mayor Dawkins: All right? I approved 2 million dollars. Mr. Prieto: Yes, air. Vice Mayor Dawkins: Now, you come back and tell me as of today you have identified 50 storm drainage catches that are connected to the sanitary sewer which had to be connected to the sanitary sewers when you brought me the budget. Mr. Prieto: No, sir. They were going to be done in future years. It was just a matter of when we were going to do it. We had deferred it to future years. Since the State of Florida has advanced to us a grant of 1.65 million 56 February 7, 1990 i `i dollars, we can accelerate the doing that that job now and what we're saying — is, let's match those funds and get the work done this year rather than defer it to further years. Vice Mayor Dawkins: Doctor, you mean to stand there and tell me that with the water critical situation that we have, that we have 50 sanitary sewers being dumped into our waste water system. Mr. Prieto: Yes. Vice Mayor Dawkins: Which is unsanitary and you arbitrarily determined that this Commission would not feel that this health hazard and waste of water was a priority and you went ahead and set something else a priority over that? Mr. Prieto: We had some other higher priorities. Vice Mayor Dawkins: What were they? What are they, sir? Mr. Prieto: They were, in fact, some outflows into the Miami River and into the Bay that we had been restricted to immediately address by the State of Florida and DERM. Vice Mayor Dawkins: I move that this be continued and that you, sir., come to my office and tell me - let's see now - tell me that, turn to the last page, which says, section one, "...the herein appropriations are hereby made for implementation of all municipal capital improvements of the City of Miami, including new capital improvement projects scheduled to begin during the fiscal year 1989." Tell me what they are. "The herein appropriations, which are hereby designated by reference to the description project, title, and number, also include appropriations for previously approved and scheduled projects." Tell me what they are. "As well as reapportionment of prior funds appropriated." Tell me what funds you're shifting around. Then, when you come back with that, then I'll be ready to... I move that this be continued until the next meeting. Mr. Plummer: Second. Mayor Suarez: Move to continue. Seconded. Any discussion? If not, please call the roll. ON MOTION DULY MADE BY VICE MAYOR DAWKINS AND SECONDED BY COMMISSIONER PLUMMER THE ABOVE ITEM WAS CONTINUED TO THE NEXT COMMISSION MEETING 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. COMMENTS MADE DURING ROLL CALL: Mayor Suarez: I'm, going to vote yes but I would say this, if, during the day, as sometimes happen, you're able to satisfy the Commissioner and the Vice Mayor and his concerns and if this matter as I'm sure you're tell us is of great urgency... Mr. Odio: Mr. Mayor, you're aware these are the monies we receive from the SWIM bill through the... Mayor Suarez: ...yes, and knowing the effort that it has taken to get these monies, I would hope that somebody would try to... Vice Mayor Dawkins: Why is it, Mr. Mayor, that everytime, just like we keep saying, everytime you look at this Commission, it's an emergency. If you don't use this... I mean, now this money is available and if you don't use it you're going to lose it and they never come to us ahead of time when you've got time to analyze this and react to it. It's always an emergency. If you _— don't do it now, we're going to lose the money. Why? 57 February 7, 1990 Mayor Suarez: It's not framed as an emergency. It's not stated as an emergency. I said that... Vice Mayor Dawkins: It is an emergency, air, if we don't use it, we lose the money, Mr. Mayor. Mayor Suarez: I think there is a certain urgency to it, that's why I hope that even though we are treating it as a deferral that it would also be possibly a tabling, if during the day they can convince you and... Vice Mayor Dawkins: No, I mean, you know, it's no sense in making the motion. I can't sit here in good faith and not accept a million five dollars to correct something that's been going on that I should have been made aware oft I mean, I'd be irresponsible I So I've got to move it and hey, again Miller Dawkins, you know, you bit the bullet and they bought you something and you rubber stamped it. Mayor Suarez: And defer to their judgment. It is second reading too. Vice Mayor Dawkins: Yes. So I withdraw, I vote no. I withdraw my... Mayor Suarez: OK, I entertain a motion to increase the capital improvement appropriations ordinance by increasing the appropriation for that local drainage project. I guess all of you know how important it is... Commissioner Plummer: I make a motion to accept it with the provisions that they resolve the problems of Commissioner Dawkins before the first penny is spent. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 1, OF ORDINANCE NO. 10642, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING THE APPROPRIATION FOR LOCAL DRAINAGE PROJECT FY'89 - FY'90, PROJECT NO. 352267, IN THE AMOUNT OF $1.5 MILLION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of January 11, 1990, was taken up for its second and final reading by title and adoption. On motion of 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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10702. 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. 58 February 7, 1990 M 11 6. SECOND READING ORDINANCE: AMEND 10642 - INCREASE APPROPRIATIONS FOR PROJECT: ACQUISITION OF COMPUTERS AND ASSOCIATED PERIPHERALS (PROJECT 311012). Mayor Suarez: Item 5, second reading, Capital Improvement Appropriations Ordinance. Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please 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 APPROPRIATIONS FOR THE CAPITAL PROJECT ENTITLED ACQUISITION OF COMPUTERS AND ASSOCIATED PERIPHERALS, PROJECT NO. 315231; IN THE AMOUNT OF $16,415, AND BY DECREASING FURNITURE ACQUISITION TREASURY MANAGEMENT PROJECT NO. 311012 IN THE SAME AMOUNT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of January 11, 1990, was taken up for its second and final reading by title and adoption. On motion of 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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre COMMENTS MADE DURING ROLL CALL: Mr. Dawkins: $16,000 more for computers, I vote yest Mr. Plummer: I'm beginning to feel the same way, I vote yes. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10703. 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. COMMENT AFTER ROLL CALL: Mayor Suarez: I'm glad somebody is keeping track of the accounting. 59 February 7, 1990 -mommommommo: Z SECOND READING ORDINANCE: AMEND CODE SECTIONS 54-101 AND 54.5-12(D)(4) - CLARIFY STANDARD STREET WIDTHS FOR PUBLIC STREETS - ADD DESIGN STANDARDS FOR ONE-WAY PRIVATE STREETS. ------------------------------- Mayor Suarez: Item 6. Commissioner Plummer: Move it. Vice Mayor Dawkins: Second. Mayor Suarez: Moved and seconded. ordinance. Call the roll. AN ORDINANCE - Any discussion? If not, please read the AN ORDINANCE AMENDING SECTIONS 54-101 AND 54.5- 12(D)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CLARIFYING STANDARD STREET WIDTHS FOR PUBLIC STREETS AND BY ADDING DESIGN STANDARDS FOR ONE- WAY PRIVATE STREETS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of January 25, 1990, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner 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. 10704. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Comraiasion and to the public. - --� - ---------------------------------------------------------------------------- 8. FIRST READING ORDINANCE: AMEND CODE SECTION 14-27(b) - ELIMINATE REQUIREMENT THAT DOWNTOWN DEVELOPMENT AUTHORITY BOARD MEMBERS POST $10,000 BONDS. Mayor Suarez: Item 7. - Vice Mayor Dawkins: Move it. Mayor Suarez: Moved. Commissioner De Yurre: Second. Mayor Suarez: Seconded. Any discussion? Matthew? OK, good, read the ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Commissioner Plummer: Well, what's the reason behind wanting to drop this? 60 February 7, 1990 R 0 Mr. Matthew Schwartz: It saves us about $2,700 a ,year because the 29 board members do not handle any money at all. Commissioner Alonso: Do you know why they were ever charged for this? - why they were ever asked to have this bond? Mr. Schwartz: This goes back to 1965 when the DDA was first established under the State legislation and at that time I guess it was questionable if the board members would have direct involvement with cash, but that has never... has not happened in the last 25 years. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE RELATING TO DOWNTOWN DEVELOPMENT; AMENDING SECTION 14-27 (b) OF THE CODE OF THE CITY OF MIAMI; FLORIDA, AS AMENDED, BY ELIMINATING THE REQUIREMENT THAT DOWNTOWN DEVELOPMENT AUTHORITY BOARD MEMBERS POST $10,000 BONDS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Dawkins 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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: I guess we trust them, yes. 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. 9. (A) DISCUSS AND DEFER CONSIDERATION OF MIAMI SPORTS AND EXHIBITION AUTHORITY'S FINANCIAL ANALYSIS TO MEETING OF FEBRUARY 15TH - MANAGER TO RECOMMEND AND REPORT AS TO WHETHER SPORTS AUTHORITY'S OFFICES COULD BE RELOCATED AND JOINED WITH DOWNTOWN DEVELOPMENT AUTHORITY'S EXISTING OFFICES. (B) BRIEF DISCUSSION CONCERNING THE OFFICE OF INDUSTRIAL ENGINEERING. Mayor Suarez: Item 8, increasing number of voting numbers of the Miami Sports and Exhibition Authority, having a member as chairman and having an executive director selected by the members, with your City Commission approval. Commissioner Plummer: Mr. Mayor, we also ask that the Manager make a study and a finding and report back to this Commission on ways of potential savings " of monies and I would ask that that be now given, that report by the Manager. Mayor Suarez: Mr. Manager, let me caution you before you get into this, as to myself, unless I am mistaken, the Commission has never, and if I'm mistaken, please advise me, been presented for approval if we must approve, maybe we don't have to, with approval of the creation of the Office of Industrial Engineering of the City of Miami. I'll tell you for myself, that I don't recommend the creation of any Office of Industrial Engineering. Absent Commission approval for it, I don't recognize it, if you choose to have an -- Office of Industrial Engineering. 61 February 7, 1990 Mr. Odio: It's been in the budget for the last four years, Mr. Mayor. Mayor Suarez: If you choose to have an Office of Industrial Engineering because it's contained within your powers, let me advise you that I don't agree with it in an administrative matter and that I think you should be making these memoranda reflect your views as recommended to you by your staff and as analyzed by your staff. Mr. Odio: Well, let me clarify that. Mayor Suarez: Can I finish my statement of caution? That's not going to detract from the recommendations of people that I respect. I presume that Antonio George is one of them? He's not one of them. OK, who heads the Office of Industrial Engineering? Mr. Odio: Frank May. He's been here for I believe now... Mayor Suarez: What department is the Office of Industrial Engineering under? Mr. Odio: In my office. Mayor Suarez: OK, I respect your powers under the Charter to structure your office any way you want. I am not going to make a big to-do about this. I'm cautioning you, I just don't agree with your creation of more offices. Mr. Odio: Mr. Mayor, you are entitled to your opinion. Mayor Suarez: I think you should take your advice from your staff and recommend to us based on what your staff tells you and not create another name that confuses our bureaucracy which is already confused enough. Mr. Odio: I didn't mean to confuse. I tell you I stand by this recommendation. I just wanted to substantiate by the professionals what my views were and I will recommend this. Mayor Sucre.^: That doesn't help me to substantiate it. If you tell me the names of the individuals, that might help me. The Office of Industrial Engineering doesn't mean a damn thing to me. Commissioner Dawkins, Vice Mayor. Vice Mayor Dawkins: I share the Mayor's sentiments and not only do I give you the right you do that, I reserve the right to vote against anything you might come tip here with that I can stop funding for. Now, I also would like you to explain to me what is this, head back here, what do you call that? Mr. Odio: Strategic planning. Vice Mayor Dawkins: That's another one I see as useless, me, Miller Dawkins, OK? That's a useless organization. Mr. Odio: Sure. Vice Mayor Dawkins: How many people you got in there? Mr. Odio: Four. Vice Mayor Dawkins: What's the salaries of the four people? Mr. Odio: The total budget is $300,000. Vice Mayor Dawkins: For four people, $300,000? Mr. Odio: It's more than just the four people. Vice Mayor Dawkins: See, four people for $300,000. Mr. Odio: I said the budget, the budget total budget. Vice Mayor Dawkins: See, and I have to agree with the Mayor. You know, you came on, reorganizing, consolidating, what have you and then all of a sudden, you know, you get these wild ideas, which says hey, you need it. Look, I have no problems with it, because when everything goes wrong, it's you. 62 February 7, 1990 Mr.. Odio: No, I need to explain this, because I think the Mayor might be mislead and I want to... - Vice Mayor Dawkins: Well, I'm not. Mr. Odio: The Office of Industrial Engineering is a part of the Management and Budget Office that existed here ten years before I became City Manager and what I do... Mayor Suarez: I'd much rather then get a report from you that says that you relied on the Office of Management and Budget. Mr. Odio: Why can't he just say that I signed the memo, Mr. Mayor, and I stand by the recommendation. Mayor Suarez: I am telling you as a caveat, as a caution that it confuses me to see an Office of Industrial Engineering. Now, since Miller Dawkins touched upon the strategic planning, whatever, what is the name of that, you figured it out, finally, Vice Mayor Dawkins, what is the name, strategic planning, what is the name of that, Mr. Manager? Mr. Odio: Strategic Planning Unit. Mayor Suarez: Let me tell you this, I don't know who prepared this document, but on... for your signature, presumably you didn't write the whole thing and somebody prepared it for your signature. Antonio Jorge, I have a lot of respect for Dr. Jorge, I have a lot of respect for the people in this group, in both the Office of Industrial Engineering and the Office of Strategic Planning and operational control of future warfare, etc., but anyone who recommends for a Miami Sports and Exhibition Authority, a total of 4.6 positions, is not someone that I, you know, believes understands the concept, the engineering, very important engineering concept of rounding out. There is no magic to 4.6 as opposed to 4.5 or 4.7, so one of the things that a person like that might do in the future because we don't like to see 4.6 people recommended, is to say, 4 to 5. You know, that's the way it was in the old days, or 4 or 5, I really don't care, but don't say 4.6. That contradicts every principle I learned in engineering school, of rounding out to the closest figure, particularly when you are not sure that it's 4, or 5 or 6 or 3 or 7. It's a range and gives it to us as a range. I mean, these are Just some observations that I get from reading this. If there's the implication to anybody that because it says the Office of Industrial Engineering, which sounds like a very fancy title. Vice Mayor Dawkins: What are you people reading from, please? Mayor Suarez: Something here that was handed to us which is dated February 6, 1990. Vice Mayor Dawkins: When was it handed to you? Mr. Odio: It was sent to your office, Commissioners, yesterday. Vice Mayor Dawkins: Sent to my office yesterday, OK. I got the agenda Thursday, Friday and then I got this yesterday. Vice Mayor Dawkins: This had nothing to do with the agenda. Mr. Plummer had asked us to separate... for us to prepare a recommendation on staff. Vice Mayor Dawkins: I don't even have what they are reading from. _ Mr.. Odio: This has nothing to do with the agenda. Commissioner De Yurre: So this has nothing to do with item 8. Commissioner Plummer: Of course it does. - Mr. Odio: Commissioner Plummer asked me to prepare this. Commissioner De Yurre: Well, but is this part of item 8, or not? Mr. Odio: You could consider it part of 8. 63 February 7, 1990 i Mayor Suarez: I remember asking for a report of this sort and I'm please to get one. All I was saying is, and I was interrupted in my statement, if there is any impression to anyone in the City, including the Manager or his subordinates that the fact that you have the Office of Industrial Engineering as the title of this group, or that you recommend 4.6 as opposed to a range of 4 or 5, or whatever, that that would in any way impress me, let me tell you that it has had the exactly the opposite effect. The title disimpresses me, because I don't like to see new offices cropping up all over the place and that the percentage or fractional number of employees also disimpresses me, because I prefer to get a range, that's all I'm saying! That's all I am saying, I happen to have had some training in these fields. All right anyhow. Commissioner De Yurre: But you know, what this brings to light, Mr. Mayor, seeing that they've done such a great job of analyzing this department and have come up with practically cutting the department by 40 percent, then maybe we should do that within our different departments in the City. You know, if we can... Commissioner Plummer: I don't disagree with that. Commissioner De Yurre: You know, if we can cut back our departments by 40 percent, you know it would be millions of dollars worth of savings and the Gates Case and everything else might be resolved right here, through this analysis. Mayor Suarez: I understand that that has been in fact one of the recommendations that the Manager has made to many of his departments, justify their very existence, zero based budgeting! Commissioner Plummer: I think... Commissioner De Yurre: Yes, but for them to justify it, but you know, these same people to go in there and justify their positions. Mayor Suarez: Oh, the Industrial Engineering experts? Commissioner Plummer: I think there is a big difference here and I think that big difference is that this staff, as on -board today, was justified in the creation, the establishment, the construction and opening of that facility. I don't feel that once all of that has been accomplished, which it has, that you still need the same amount of load that you had during that active period. Now, we can fight this a different day or we can fight it today. I'm prepared to go either way. Basically, I would still like to have in the record this report by the Manager, which does in effect concur with my feelings in reduction of staff of approximately $128,000. I would like to go into the areas I said before in reference to the rent of $43,000, which I don't feel is necessary. I don't feel the executive director should be making $88,000 a year plus fringe benefits, damn near as much as the City Manager. His responsibility is a budget of $5,000,000. The Manager is in charge of the entire City. I don't agree with paying a so-called... well, I don't agree with the position of executive director or deputy. I don't think it is necessary in any way, shape or form. Commissioner De Yurre: Well, it wouldn't be necessary right now, because now we have no director. We would have had an executive... you know, deputy director, he'd be taking over with, you know, without all these problems that we are going to go through now. Commissioner Plummer: Victor, I don't disagree with you, except if we go back to the ordinance, the ordinance presently existing is, and I continue to say that people don't understand for some reason, the ordinance speaks to the Manager or his designee. Tomorrow or Friday Mr. Blaisdell leaves and it up to _ the Manager to appoint another designee, as is provided in the ordinance. The Manager himself has gone down there and spent almost a week to come up with this report. - Mayor Suarez: Let me follow up what you are saying, Commissioner, because I agree with the thrust of where you are headed, and Mr. Manager, if you want to look this way sir, I also agree with the findings as a general statement. I mean, I haven't examined it closely myself, I presume you have people on your staff who have done that. By the way, Mr. May, you are not an industrial 64 February 7, 1990 engineer yourseat, are you, 93_rr ux, ana ne neaas Lne ot=:.ce of snauscrxai Engineering. There right there you have a misnomer. But anyhow, I agree with the thrust of your conclusions because I agree with the common sense that possesses you, as Commissioner Dawkins said, was one of the reasons that I initially liked very much the way you were moving the City, with a great deal of hands-on common sense management, as opposed to creation of offices. In any event, I agree with the conclusions of the report to the extent that I have delved into it, which has been not to a great extent, because that's what we have you there for. And I also agree with the thrust of what Commissioner Plummer is saying. If indeed we were to tell you in the interim period while we decide the shape and forrt► of the Sports Authority and even perhaps the budget. I don't know that we are ready to make a decision on it today, because we had previously approved a larger budget and I guess we'd be changing that. If during that time we wanted you to designate someone, would you be ready to designate someone that may be without any additional cost to the City, with additional duties and I don't want to propose anyone in particular, but I see Mr. Al Ruder there, from Parks and Recreation, eager to tackle this on an interim basis, would you be in a position to give someone an additional designation as you've done in the past, without incurring any additional costs to us so that they would be physically in the premises to the extent needed and otherwise guide the Authority until it's got its final form? Mr. Odio: I'd be glad to appoint someone as designee. Commissioner Plummer: What you are saying is that we can save that $130,000? Mr. Odio: This? Commissioner Plummer: Yes. Mr. Odio: You can save it right now, because only one of the positions are filled. The other two are not to be filled and you are not going to replace... no, it is more than that, because if you don't replace the director immediately, that's another huge saving. Mayor Suarez: And then by the way, if we did that and then maybe eventually built it into the final reform here, the final shape, maybe we could then function with a deputy director under someone that is already on staff. That's another possibility. I hadn't thought about that until just now, but... Mr. Odio: Let me say this. I spent quite a few... Mayor Suarez: If it's needed! If it's needed and if it is part of this budget that you're recommending. Mr. Odio: I spent quite a few hours over in that office and there is a person there that I trust a lot and I've told her that she, as far as I am concerned, is in charge of that office until this matter was resolved and I'm looking to her for the day-to-day operations. Mayor Suarez: Well, but that's and operational decision. Somebody's got to be kind of keeping an eye on things and having the principal key, you know, and making sure that everybody's at work and all that, but we're talking about a formal designation of a... someone that in the ordinance, the present ordinance would be the executive director. There is an executive... Mr. Odio: That's all right, but she qualifies as that person that I'm glad is there at this moment. Mayor Suarez: What's that person's name? Mr. Odio: Lourdes Reyes. - —= Mayor Suarez: Don't know the name. _= Mr. Odio: Lourdes Reyes. Mayor Suarez: Lourdes Reyes. Commissioner Plummer: What does she do there now? 65 February 7, 1990 Mr. Odio: She's a controller. She's brilliant. Mayor Suarez: We have a brilliant controller over there... — Mr. Odio: Yes, she can do it. She can handle that. Commissioner De Yurre: Then let me ask a questions so I can understand this a little bit better, because I haven't even had a chance to look at this report and we got it yesterday. Mr. Odio: Yes, I know you got it yesterday. Commissioner De Yurre: You know, it's not that easy to absorb. How many people... you have 7.6 positions available. Mr. Odio: Yes. Commisaioner De Yurre: How many of those are filled right now? Mr. Odio: One. Commissioner De Yurre: Of 7.6? Mr. Odio: Oh, I mean, of the three that we are recommending elimination, only - one. — Commissioner De Yurre: No, the 7.6, which is the present... Mr. Odio: I guess it would be 5.6. Commissioner De Yurre: ... employment. Mr. Odio: 5.6. Commissioner De Yurre: OK, so that means that you are recommending that one of the people that is employed there right now be dismissed. Mr. Odio: No. I said in my memo that we would find a job for him in the City somewhere, If there is a vacant position available. Commissioner De Yurre: OK, and that's a point that I am getting to right now. See, here we are, trying to save money, but the money from which these people are paid is not from our money, the City's money, it comes from the County, from the taxes that are collected, correct? Right? Yes, right, OK. Mr. Odio: Yes, convention sales tax. Commissioner De Yurre: So now, because you're assuming the responsibility of finding a job for that person in the City, now we are assuming an additional position in the City that's going to cost X thousands of dollars, so instead of the City of Miami saving money, actually we are incurring additional expense because of a commitment that you made, which, you know... Mr. Odio: I'll be glad to lay him off. Commissioner De Yurre: No, but you see, that's not what you promised, and you can't go back on your word now. Mr. Odio: I haven't promised anything. I just made a report that we could... Commissioner De Yurre: No, he's promised it on the record, if I recall correctly. So you see what I'm saying. Here we are trying to save money and in reality we are not doing that! Mr. Odio: Be glad to let him go. Commissioner De Yurre: No, I'm just saying, I'm just making that point and this money that comes from the County that is saved, you know, people don't realize and the County doesn't realize, and they don't want to realize is, we are have a fine facility there that is brand new, but in time, just like the Orange Bowl needs maintenance and repairs and new seats and upkeep, the same thing happens with the arena, and where's that money going to come from? - because that money is not budgeted anywhere except for... 66 February 7, 1990 Commissioner Plummer: The $2,000,000 contingency, that was part of the law that said that they had to retain a $2,000,000 contingency. Commissioner De Yurre: OK, but how long does that last? Commissioner Plummer: As long as they are in existence, they've got to retain that contingency. Commissioner De Yurre: But is that reduced, or it has to be maintained? Commissioner Plummer: Maintained, is my understanding. Commissioner De Yurre: You know, because... Commissioner Plummer: You see where I'm lost. I'm lost in the fact... Mayor Suarez: Commissioner, I'm sorry, Commissioner Dawkins has been holding his hand. Vice Mayor Dawkins: Mr. Manager, through you to Mr. Chris Korge... Commissioner Plummer: He doesn't work for the City anymore. Vice Mayor Dawkins: That's why I have to go through the Manager to him. There's been talk of the County absorbing that fee that we, the Commissioners, feel that we are entitled to. Is that a correct statement? Mr. Odio: Yes, it is. Vice Mayor Dawkins: All right now, how do you, since we pay you, tell me and the rest of the Commissioners, how to stop the County from taking our money? Mr. Chris Korge: Commissioner, the County has taken the position as was reported, I think Tuesday in the newspaper, that the excess convention development tax, being that money above the mere debt service payment for the bonds for the arena, the excess convention development tax is something which is within the control of the County. As you all know, approximately two years ago, the County amended the convention development tax legislation so that it would have the determinative rights as to how excess convention development tax can be spent. Unfortunately, what the County is failing to recognize and what I've never heard from any of their attorneys, is that prior to the change in the law which gave the County control of the excess, there was the creation of an Authority pursuant to State law which also provides for a budget of the Authority, so as it relates to the Authority's budget, it has been our legal position that the County cannot take away the monies that are used for the Authority's budget because of the change in law, number one. Number two, as it relates to debt service in the arena, that is something that's an obligation to bond holders which the County cannot impair those obligatione. Number three, as it relates to our deficit obligations in the arena, that contract was signed prior to the change in the law and I don't see how the County can impair those contract rights, so as far as all of those obligations, it has been our position that the County cannot take these excess funds, that the only excess funds that the County can have some control over and they must be spent in the City are any funds above those three layers that I've mentioned to you. Vice Mayor Dawkins: But there is a fourth layer. The f ourth layer is maintenance, preventive maintenance of the arenat Mr. Korge: And Commissioner, what I'm saying to you is that in the arena contract, which was signed prior to the change in the law, there is an obligation on the Authority from convention development tax to maintain the facility, to pay for that maintenance and it is our position that the County cannot take convention development tax revenues that are needed to maintain the arena. Vice Mayor Dawkins: Mr. manger, how do you feel? Mr. Odio: No, what? In the meetings I've heard, I have been witness to, I feel that unless the law is changed in Tallahassee, that the County can take the excess monies. 67 February 7, 1990 Vice Mayor Dawkins: Can? Mr. Odio: Can, yes they can. Vice Mayor Dawkins; Why? All right, why do you, how do you... Mr. Odio: Because the monies come through the County and the County Board of. Commissioners is the one that allocates the money to the Authority and they can say, "Well this ,year we are going to allocate so many dollars." Mayor Suarez: Let's clarify that they are limited, Mr. Vice Mayor, they are limited in having to spend those monies by State law on a facility in the most... Mr. Odio: Yes, in the largest municipality. Mayor Suarez: Right, whatever the term is, most numerous, or, the highest population municipality in... Mr. Odio: In the County. Mayor Suarez: And that's us. So they wouldn't be able to take it and just do whatever they want to us. Mr. Odio: Right. Mayor Suarez: And I'm not sure that we couldn't fight them on even the intent _ of the legislation. Mr. Odio: Well, what we've done, and the County, and this is in negotiations, Commissioner. Vice Mayor Dawkins: With whom? Mr. Odio: The County has looked at... Vice Mayor Dawkins: No, no, negotiation with whom? Mr. Odio: The County financial director has come to the Authority and they are looking at the numbers because we told them... Vice Mayor Dawkins: Negotiation with whom? Mr. Odio: That's the wrong word. They are looking at the numbers to determine what the excesses should be. I have told them that the excesses that they think are there are not and they're looking at... and then they ask to look at the numbers and they have been, because I don't feel the excess is there. Vice Mayor Dawkins: Now when is somebody in the Administration... Mr. Odio: Right. Vice Mayor Dawkins: ... decide that they are going to sit down with each Commissioner and explain it to us? Mr. Odio: There is nothing to explain at this moment, Commissioner. Vice Mayor Dawkins: What is not to explain? Mr. Odio: There is nothing happening at this moment except... Mayor Suarez: Let me suggest, Mr. Manager, that you do, because we have to _ dispose of this item and there is a luncheon scheduled, that you discuss with each Commissioner, exactly what the interpretational battle may be with the County or the State Legislators, as to the future use of these funds. Commissioner Plummer was suggesting too that if we at some point pay off the bonds a little bit early, as to the monies that we were using for that, the streams of revenues for that, we may able to keep that. In any event, we ought to be fully aware of the implications of the decision, and I don't know about the rest of you, I think the vote previously was three to two in favor 68 February ?, 1990 A 1. E B l of creating a whole new ordinance and making it autonomous. I would like at this point to take a little bit of additional time, I'm not ready to vote on _ this ordinance finally, and I would be happy to entertain a motion to defer voting on this item for all the reasons that we have stated including the fact that we just got this report yesterday, or today, in some cases maybe the Vice -_ Mayor didn't get it at all and certainly none of us have had a chance to digest it. I haven't even met this one person that you said could be an existing executive director, I'll tell you this, or could you know, manage — - the.., if I'm going to vote to make it autonomous and have a whole new executive director, I kind of would like to know who these people are that are in charge over there. In any event, that would be the motion I would entertain. Vice Mayor Dawkins: I'm telling you now, OK? Look at me, OK? I don't need to say it no more, all right. Commissioner De Yurre: What are we looking? What date, next Thursday? Mayor Suarez: I'll be happy, yes, to reschedule it for next Thursday. Commissioner Alonso: Let's defer this item for next week. Commissioner Plummer: All right, I would like to defer it also with the financial analysis brought back up at the same time. Mayor Suarez: OK. Commissioner Plummer: Excuse me, what I'm also saying, Mr. Manager, I would like to have an answer so I would like to have to wonder, next week, if we can place the Sports Authority in the DDA offices, especially now that's it's proposed to go down to four people people, they wouldn't need $43,000 worth of... _ Mayor Suarez: I wouldn't get into that today, because really if... Commissioner Plummer: No, no, I'm not getting into it, I'm just asking to be prepared to answer it. Mayor Suarez: ... you know, if the one important function they have is to administer the arena, there is nothing like having them there, but anyhow... Commissioner. Plummer: I've often wondered why they didn't have an office in the arena. Commissioner De Yurre: Well, there is some space there, I don't know why they don't use it. Commissioner Plummer: I don't either. Mayor Suarez: They're not there? Mr. Korge: They have one little office. Commissioner Plummer: No, they are in the Dupont Plaza. Mayor Suarez: They are not at the arena, so... Commissioner Plummer: That's why we are paying... Mayor Suarez: So instead, we have the constant expansion of the Miami Heat and Leisure Management and what's the company that does the concessions there, Harry Stevenson, sort of expanding within the confounds of the arena and our own people are sort of far away anyhow. Commissioner Plummer: Paying $43,000 a year. Mayor Suarez. Wowi Oh, that's what you were talking about before. I missed that. All right, do we have a motion to defer? Commissioner Alonso: Yes, I... also I'd like to make a comment. In reference to this ordinance, it says have a member of the City Commission serves as a chairman, I'd like it if I'm ever going to vote for this, it has to be on a rotating basis. 69 February 7, 1990 Mayor Suarez: OR, a yearly rotating basis. Commissioner Alonso: We have a problem in the City that everyone has something, and it has to be in a rotating basis, because otherwise I don't feel it is fair. Commissioner De Yurre: So then your motion is to take all the boards and all the authorities and everything where there is a member of the Commission serving, that everything be on a rotating basis? Commissioner Alonso: Don't you think it is about time? Commissioner De Yurre: I have no problem with that. Commissioner Alonso: Yes. Commissioner Plummer: I think it is a good idea. Mayor Suarez: We have a motion to defer, do we not? Commissioner Plummer: Second. Commissioner Alonso: Yes. Mayor Suarez: Commissioner Alonso and Commissioner Plummer. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 90-109 A MOTION TO DEFER DISCUSSION CONCERNING THE MIAMI SPORTS AND EXHIBITION AUTHORITY'S FINANCIAL ANALYSIS UNTIL THE MEETING PRESENTLY SCHEDULED FOR FEBRUARY 15, 1990; FURTHER DIRECTING THE CITY MANAGER TO REPORT BACK ON THIS ISSUE AS WELL AS TO ADDRESS WHETHER OR NOT THE SPORTS AND EXHIBITION AUTHORITY OFFICES CAN BE PLACED WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY'S EXISTING OFFICE SPACE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted ty 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. THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON RECESS AT 12:10 P.M. AND RECONVENED AT 2:48 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE - PRESENT. - r 70 February 7, 1990 7 1111- Jim. ----------------------------------------------------------------------------------- 10. BRIEF DISCUSSION ON WITHDRAWAL OF AGENDA ITEMS 9 AND 10: (a) PROPOSED - _ RESOLUTION AUTHORIZING ADMINISTRATION TO PROCEED WITH DESIGN AND CONSTRUCTION OF "ORANGE BOWL MODERNIZATION - PHASE II" (PROJECT 404238), & (b) PROPOSED RESOLUTION ESTABLISHING CHARGES, TERMS AND CONDITIONS FOR USE OF ORANGE BOWL. Mayor Suarez: Item 9, a resolution authorizing the City Manager to proceed with design and construction, the Orange Bowl modernization. Commissioner Plummer: Mr. Mayor, 9 and 10 have been withdrawn. Mayor Suarez: All right. Mr. Plummer: Mr. Manager, whoever you may be, to whom it may concern. Commissioner Alonso: Are they telling us something. Commissioner Plummer: I don't know, they are trying to, they're playing musical chairs. Mr. Odio: Yes, Mr. Commissioner. Commissioner Plummer: Sir, that we can proceed if it is the consensus of opinion of this Commission. I would like to put you under the threat of death that on March 7th, you come back to this Commission and hopefully prior individually to Commissioners, item 9 and 10. See, that's the problem. You don't know what I'm talking about. Mr. Odio: I cannot do two things at the same time. Commissioner Plummer: Well, the Mayor had called item 9 and 10 and if you busy bodies... Mr. Odio: No, we withdrew them. Commissioner Plummer: ... had left all your damn rumors in the back room instead of bringing them out here, we'd have been in good... Mr. Odio: We withdrew those two items, Commissioner. Commissioner Plummer: Mr. Manager... Mayor Suarez: He wants to ask a question about them. We already... Commissioner Plummer: No no, sir, not a question, a demand. Mayor Suarez: A demand, we already, with... noticed the withdrawl. Commissioner Plummer: Mr. Manager, when you come back on March 7th, I want _ the University of Miami contract signed and completed; I want the Orange Bowl contract signed and completed; I want the full presentation of the design for the Commissioners approval or modification. I want the financial plan that is putting forth to show how these improvements would be paid for. I want all of -- that documented so that on March 7th they'll be no more delay. If it is not _ to fly, God help us, but thats what three votes of this Commission will decide, but I want some decision to be made on that day. It is unfair to the University, it is unfair to the people of this community if we wait any longer = than March, it in effect is going to delay us a year because of the scheduling - of the events in the Orange Bowl. Commissioner De Yurre: But J. L., we need to talk about then, is why don't we talk about the items that are still up in the air, and things we have concern over? Commissioner Plummer: Because at this time, Victor, every item is still up in the air. Commissioner De Yurre: Yes, but a lot of them are ironed out. 71 February 7, 1990 Commissioner Plummer: Well, you maybe have, even though I head up the committee that was supposed to be doing this, I have yet to receive, except. today, I received a document from the University of Miami outlining about five things that they understand that the University will do and five things that the City will do. Vice Mayor Dawkins: No, five things they wish the City would do. Commissioner Plummer: Well, that's the bottom five, OK? Now, I don't know how you iron these things out, as I just told Mr. Jankovich two minutes on the telephone, anything is negotiable and until we get something in writing, I don't know how you talk about it. Commissioner De Yurre: So we had no offer at all, nothing that's tangible? Mr. Odio: Yes we do, ... Commissioner Plummer: No, we don't have anything in writing, Victor. Mr. Odio: Yes, we do. Commissioner Plummer: Where is it? Mr. Odio: Commissioner, excuse me... we briefed each one of you on this issue -_ and out of those meetings I... Commissioner Plummer: Excuse me, your office did not brief me on the terms and conditions of negotiations. Mr. Carlos Smith, come before that microphone and tell him exactly what you briefed me on. It was not the terms and conditions. Mr. Carlos Smith: That is correct. Commissioner Plummer: All right, sir. Go ahead, Mr. Manager. Mr. Odio: But one of the conditions, which is the most important condition, which is the parking is an issue that I see, I can count one, two, three and I have a problem with that. However, Sam Jankovich feels that that is the most important term in the whole agreement and out of meetings with you, with Commissioner De Yurre, for instance, when he was briefed, he mentioned to me about the 20 years and Sam agrees that it should be, that the contract should be the length of the debt, and it's 20 years, and that he's agreed. The only item that is pending right now, to resolve is the parking. Commissioner Plummer: No, sir, I don't agree with you. You mean, as far as your negotiations. Mr. Odio: That's right, yes. Commissioner Plummer: OK, now, they sent me something today, for example, about a scoreboard. The only thing that I see in that scoreboard is $150,000 of advertising to the City a year. Now, I don't know that I'm in agreement with that, because I don't know what kind of scoreboard you're going to put up there. I don't know if there is going to be $22,000,000 worth of revenue, I don't know any of that. Mr. Odio: I think the time has come then, that, Mr. Mayor, that we stop negotiations and let somebody else negotiate it because if we're going to negotiate, I can bring a finished agreement for you to look at on the 7th and if you don't agree with it, fine, you vote against it, but if you want to negotiate... Mayor Suarez: The thrust of what he requested was that we have advanced negotiations ready to vote on by when? Commissioner Plummer: That's all I'm asking. Mr. Odio: We have advanced negotiations. The university and the City administration... Mayor Suarez; But you withdrew the item, so... 72 February 7, 1990 Mr. Odio: We withdrew the item because the contract was not finished and I wanted to bring a finished... Commissioner Plummer: Excuse mel Mayor Suarez: All right, so he wanted to be done by when? Commissioner Plummer: Excuse me, to my knowledge you have not negotiated with the Orange Bowl Committee. Mr. Odio: Yes, we have. Commissioner Plummer: At their terms? Where is that? I haven't even heard... that wasn't on the agenda today. Mr. Smith: We have discussed with them terms and conditions. We don't have a document yet, but we have discussed. Mr. Odio: We will have by the 7th. Commissioner Plummer: Carlos, then look, OK, I'm sorry, but I'm going to put it on the record. .Somewhere around this City, somebody is got to learn that the cart doesn't go before the horse. You are asking me and this Commission in item 9 today... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Plummer: You were before you pulled it. You were asking this Commission to vote on certain improvements for which the greatest source of revenue was two contracts that are not completed. Art Hertz called me the other day and asked me, where are we with the contract. He is now president of the Orange Bowl Committee and I recommended that he call Carlos Smith because I didn't know and I was chairman of that committee. Mr. Odio: Then the past president should have briefed him, Tom Wood. But let me tell you, I cannot talk for the Orange Bowl Committee. I can talk for the Administration. We worked Saturday until 7:30 at night and Sunday to have the documents ready. Since it wasn't, because it takes two sides to negotiate, then we decided to postpone this item until it's concluded and if you then don't agree with the terms, when we brief you, you can vote it down and do whatever you go ahead and negotiate. Commissioner De Yurre: Well, I think the important thing is that, and J.L. made a good point which I agree with, we have no idea gust how much advertising they want to do in the Orange Bowl. As it goes around this stadium, you know, just exactly what it its that they are going to be doing with the Orange Bowl as far as advertising is concerned. The one hundred fifty sounds great, but maybe in the whole scheme of things, it is not what we want. Mr. Odio: Since you want to, let me explain that condition to you, sinca I was involved in that negotiation. Up to now, we got the scoreboard that we have at the Orange Bowl was paid for, through advertisements by the Dolphins. That's past history. We need a new scoreboard. The University of Miami said that they would provide a scoreboard in exchange for, they would pay the City of Miami not $150,000 a year. �— Commissioner Plummer: That means nothing. Vice Mayor Dawkins: OK, you see the only problem I have and just what... Commissioner Plummer: That means nothing! Vice Mayor Dawkins: No, wait a minute, J.L. Mr. Odio: Yes, but it means something, because up to now, you have received -- zero. Mr. Dawkins: It does not mean anything. Commissioner Plummer: No, if I can get $500,000, $150,000 don't mean diddley. �" 73 February 7, 1990 Mr. Odio: Well, then you should tell me that you want the City to the advertising. Commissioner Plummer: I don't know what kind of scoreboard you are putting. Vice Mayor Dawkins: You know, it's amazing, like you said, I just... I got this and I told them no. Commissioner Plummer: Well, did you get it today like I did? Vice Mayor Dawkins: All right, I'm the only one. Mr. Odio: No. Vice Mayor Dawkins: I'm the only one and here it says pay the City $150,000 annually in exchange for advertising rights inside the stadium. Then it says that they will purchase the scoreboard, but then it comes down in number two and it says I will install and maintain the scoreboard. How do I know how much of the $150,000 that they going to pay me, it will take to maintain the scoreboard? I mean... Mr. Odio: Well, but let me add something to that. We took away from them, Commissioner, something else. Vice Mayor Dawkins: No, OK, but see, all J.L. is saying is the same thing I'm telling you, I'm not voting for this, see? Mr. Odio: No. Vice Mayor Dawkins: And you negotiated it and when you bring it up here, I've got to pass it because it's at the last minute. Mr. Odio: Then I would suggest that... Vice Mayor Dawkins: Another thing that you got down here... Mayor Suarez: We are very quickly developing a committee of the whole to deal with this issue. All the Commissioners want to be apprised. I personally would defer to your judgment and that of Commissioner Plummer or De Yurre or the Vice Mayor, who are very interested in this... Commissioner Alonso, but they seem to have active interest so, you'd better keep them apprised, somebody better get the Orange Bowl Committee right away, make sure they are on board and get back to us. Mr. Odio: I think we can do two things, either you negotiate the contract or you tell me what you want in the terms of the contract. Vice Mayor Dawkins: It says right here. I will tell you if you bring it to me and ask me. I can't tell you if you don't bring it to me and ask me what in it. Mr. Odio: I'm sorry. Mayor Suarez: I get the impression all of the Commissioners want to give you input. Vice Mayor Dawkins: It says right here. The City agrees and you got four things here that I don't agree to, so when you come to me, I don't agree to them, like offer the University the option to purchase and distribute parking for the University events. What I am saying to these people out here is, the University has a right to all the parking and you, who your tax dollars support, you got to go park down the street and walk. Mayor Suarez: I've already got a memo on that very point, by the way, Mr. Manager. I'm very concerned about exactly what the Vice Mayor just referred to, which is the idea of relinquishing to the University control and dominion of a parking facility that's been ours and we've run it well. Mr. Odio: May I suggest that you appoint one member or two, or whatever, of the Commission? 74 February 7, 1990 Commissioner Plummer: I had a committee. I'd like to know what happened to it, why the committee was not consulted. How many mornings did I sit with... Mayor Suarez: That committee existed for I don't know how many years. Mr. Odio: The committee that you have, Commissioner, and Carlos told you this, it has the University involved in it and that was only for the... Commissioner Plummer: ... the design. — Mr. Odio: It was not for the contract. You cannot have a committee that has the University in the committee deciding on the contract that is a two -part - agreement. Mayor Suarez: The only thing I could suggest, because we shouldn't have internecine battles, as my English teacher used to say, is to have both Commissioner Plummer and Commissioner De Yurre work on. It does create Sunshine law problems. You do have to meet in the sunshine. Vice Mayor Dawkins: Not if you invite The Miami Herald. Mayor Suarez: All that we have to do is invite the press, that's all. Mr. Odio: Do it as you wish. I'd rather that you do it that way and then if... Commissioner Dawkins: It doesn't create Sunshine violations. Oh, I forgot, everybody, the Miami Times and the Miami Herald. Commissioner De Yurre: Well, yes, I've got full confidence in J.L., you know, proceeding with it, and being apprised of what's happening, and being involved in the process. Mr. Plummer: It's fine with me. Mayor Suarez: Because the Committee really has been... it is somewhat inactive and we have the Sports Authority, and really, there is no reason not to have two of us, what the heck. Commissioner Plummer: I'll call a meeting next week, as soon as I get back. Commissioner De Yurre: In English, huh? Commissioner Plummer: But here again, Mr. Mayor, I want it on the agenda of March 7th, preferably the first item of the morning, or the first item in the afternoon. Mr. Odio: If you have an agreement. Commissioner Plummer: That's correct. Mayor Suarez: Well, if you don't have an agreement, it should be on the agenda anyhow. Commissioner Plummer: Hey. Mayor Suarez: Tell them. AT THIS POINT, ITEM 9 AND 10 WERE DEFERRED. 75 February 7, 1990 ---------- ------------ I ------------------------------------------------------- 11. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION TERMINATING LEASES AND DEVELOPMENT AGREEMENT WITH ODESSA, LTD., AS TENANT (BLOCK 55 OF SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT - See label 30). Mayor Suarez: Item 11. Commissioner Plummer: No problem. Mayor Suarez: Terminating lease and development agreement between Odessa Ltd., as tenant and the City. Has the City Manager, City Attorney, City Clerk, received the same letter that I happened to look at today from of counsel? Mr. Odio: I would like to wait for an hour. Mayor Suarez: Just to make sure we have that in the record. But maybe it is not necessary if you have a way of avoiding whatever the possible legal implications are. Mr. Odio: Well, I have five Commissioners and I have four different opinions of this case and I have them talking upstairs and I would like to wait for a final decision on this. Mayor Suarez: OK, table the item, you know how I feel. I would much rather try to get this thing resolved as long as it's in short order. Mr. Herb Bailey: What do you mean by table, Mayor? Mayor Suarez: The item will be considered as soon as the Manager is ready to report on it later on this afternoon, Herb. Vice Mayor Dawkins: Hold it, hold it, why now? Mayor Suarez: Because he says that they are negotiating something and he may be prepared to make a recommendation. Vice Mayor Dawkins: All right, let me make one thing clear. I, Miller Dawkins, am prepared to vote to terminate Circa Barness' relationship for non performance. Now, if you are saying let's wait until 5:00 o'clock to that, you got me. If you are saying, let's wait until 6:00 o'clock to do that, you've got me, but if you are saying that you don't intend to have a voto on this Commission today to determine if five...three members of this Commission is ready and feel that Circa Barness has been given all the sufficient time to perform and they have not performed, then let me know. Mayor Suarez: Well, it is precisely to do that, to have the final recommendation from the Manager so we can act on it by 5:00 p.m. In fact, you ought to tell them, Mr. Manager, so they don't take too long, whoever it is that is negotiating before another recommendation and I gather that we have one vote that's pretty clear how it's going to come out, regardless of the recommendation. And that's... the Vice Mayor has stated his views very clearly and emphatically. (THEREUPON THE ITEM WAS TABLED.) 76 February 7, 1990 12. DISCUSS AND DEFER REQUESTED AUTHORIZATION TO ACCOMPLISH REFUNDING OF CITY'S OUTSTANDING SPECIAL OBLIGATION BONDS (SERIES 185) AND ISSUANCE OF CITY'S SPECIAL.. OBLIGATION REFUNDING BONDS (SERIES 190) ($15,000,000). ------------------------------------------------------------------------------- Mayor Suarez: Item 12, authorizing appropriate officers to take certain actions as shall be necessary and appropriate to accomplish the refunding of the City's outstanding Special Obligation Bonds. Which are these, Carlos? Mr. Carlos Garcia: These are the bonds that refined the government's interparking garage in 1985, At the time these bonds have an interest rate of close to nine percent. We feel that if we refinance these bonds today, we can sell bonds at about seven to seven and one-half percent and save the City at least between $500,000 and $700,000. Mayor Suarez: Is that in today's dollars, or is that present value or that over the... Mr. Garcia: Present value, mainly. Mayor Suarez: Present value. And how much... Mr. Garcia: Most of the savings will be during the first... Mayor Suarez: And what's the cost to us over all? Mr. Garcia: There is a number of costs associated there is the cost for the underwriting, which is about $190,000. Mayor Suarez: Or are you saying that that's our net savings? Vice Mayor Dawkins: What now? Mr. Garcia: We have to pay the underwriters a certain fee. And we estimate that that will be between $170,000 to $190,000. Vice Mayor Dawkins: $190,000? Mr. Garcia: Yeas, sir. That's their fee, that comes out of... Mayor Suarez: Your prior figure on savings, was that net of that? Mr. Garcia: Net, yes, sir. Mayor Suarez: Net of that. What is the gross savings from the refinancing? Mr. Garcia: The gross savings and the most recent report that I have is $558,000, but that changes every time. For instance, at the rate... Mayor Suarez: How come your figures never add up. Mr. Garcia: At the date... Mayor Suarez: I asked you the savings. Mr. Garcia: Right. Mayor Suarez: You told me seven hundred and some thousand. Mr. Garcia: That was the original figure... Mayor Suarez: You told me that there was a cost associated with it of one hundred ninety same thousand, then it occurred to me that I hadn't been clear if the savings was net or gross. You said that you were talking about net savings. Mr. Garcia: There's a number of... 77 February 7, 1990 girl I Ni, Mayor Suarez: Now, s ask you what the total savings are before you subtracted the cost and you give me a lower figural Mr. Garcia: The net savings are $558,000 today, but that number changes every day because as interest rates fluctuate. These numbers change as well. I think ray recommendation would be to you that we don't do the sale unless we save at least $500,000 net, OK? Mayor Suarez: Half a million? I figured you were headed toward $500,000. OK. Commissioner Plummer: Question. Who is the bond counsel handing this? Mr. Garcia: It's Greenberg-Traurig. Commissioner Plummer: Was this negotiated? Mr. Garcia: The sale would be a negotiated sale. The underwriters will be a group composed of Merrill -Lynch, Carmona-Ferrand, which is a Hispanic firm and W. R. Lazard, which is a black firm. Commissioner Plummer: Who selected them? Mr. Garcia: These firms were selected by a selection committee sometime ago and were appointed by the City Commission on a rotating basis in 1989. Commissioner Plummer: And what is their fee? Mr. Garcia: Their fees will be about $190,000. Commissioner Plummer: How much is the lawyer's fee? Mr. Garcia: It will be about $25,000. Commissioner Plummer: And the underwriters are then $170,000? Mr. Garcia: Right, between that $190,000. That's low for underwriter's fees. Underwriter's fees normally run about two percent of the bond issue. This one is about 1.3 percent, but again, that's not the final number yet. We'll have to come back to the City Commission next month to get a very thick ordinance with a lot of detailed information in it. What we are asking here today is for approval to start the process. Mayor Suarez: Thank you for the editorial comment on the question that he asked. All right, Commissioners, anybody who wants to inquire? Mr. Vice Mayor. Vice Mayor Dawkins: What is the cost of reissuing this bond? Mr. Garcia: There's a number of different costs. For instance, as I said, the underwriters... Vice Mayor Dawkins: And off the top of your head, what is the... Mr. Garcia: The underwriters... Vice Mayor Dawkins: What is the total cost of reissuing these bonds, off the top of your head? Mr. Garcia: OK, the underwriters will be $190,000, approximately. There will be difference issuance cost of about $140,000, including bond counsel, financial advisors, printing and... Vice Mayor Dawkins: That's $140,000 plus $190,000? Mr. Garcia: Yes, and... Mayor Suarez: We're at $330,000. Vice Mayor Dawkins: All right, we are at $330,000. Mr. Garcia: And in addition, we'll have an insurance cost of about $106,000. 78 February 7, 1990 Mayor Suarez: So we are up to $436,000. Vice Mayor Dawkins: $436,000. Mr. Garcia: Those are the main costs associated with the sale. Vice Mayor Dawkins: All right now, OK, the bonds were issued in 185, right, OK? Now, you want to refinance it, and when it was issued, it was $13,720,000. Mr. Garcia: That is right. Vice Mayor Dawkins: In four years we still own $13,100,000. Mr. Garcia: Right, yes, sir. Vice Mayor Dawkins: So we've only paid $620,000 in four years. Mr. Garcia: Right. Commissioner Plummer: Towards principle. Vice Mayor Dawkins: Nov, how are you going to show me that by refinancing this, I'm going to pay a greater amount of money to retire this quicker? Mr. Garcia: I have some of the schedules here if I could share them with you. Commissioner Plummer: What's the total payment since 185? Mr. Garcia: I don't have the total payments, you know, the... Vice Mayor Dawkins: $625,0007 Mr. Garcia: That's... Commissioner Plummer: No, no, that's what principal has been reduced. Once - the total pay... Mr. Garcia: That's just the principal. We are paying over $1,000,000 in debt service a year, so it will be about you know, a... Commissioner Plummer: Near $5,000,000? Mr. Garcia: $5,000,000, yes, sir. Vice Mayor Dawkins: And all right, another question. What did you say the savings will be? Mr. Garcia: At least $500,000. Vice Mayor Dawkins: And that's... prorate that over 20 years, the life of the bond issue and what do you have? Mr. Garcia: Most of the savings will occur in the first year. Most of the savings will be taken up front, but again, $500,000 over 20 years would be $25,000 a year. Vice Mayor Dawkins: So you are going to put me through all of this aggravation and all of this debt to show me how I'm going to allow the City of Miami to save $25,000 by going through all of this expense, where if we left it like we've got it, you still wouldn't spend no more than $25,000. Mr. Garcia: Well, I think it is my job to let you know that this is advantageous to the City to reissue the bond and save the City today at least $500,000 in this year and some additional monies in future years. Vice Mayor Dawkins: But you just said... go ahead, I'll wait until you finish. Mr. Garcia: Most of the work will be done by staff, not by the City Commission. Of course, you will have to pass the ordinance and all the related documents and where, you know, that's what we get paid for. 79 February 7, 1990 Vice Mayor Dawkins: But if I'm in error, correct me now. But you just said that you cannot guarantee me that the cost is stable. You just said the cost is flexible, depending on the integrated, etc., so what you are telling me is that even though I may save X dollars today, you can't guarantee me that I'm going to save that for the next 20 years. Mr. Garcia: No, sir, once we sell the bonds, the cost will be fixed. Vice Mayor Dawkins: Beg pardon? Mr. Garcia: Once we sell the bonds, the cost will be fixed. It's flexible = from now until the day when we sell the bonds, which will be a month and a half down the line. At that point, we'll fix the interest rate. What: I'm telling you is that today we think we can make at least $500,000. I cannot tell you exactly what that amount is until sometime you know, in April, when we sell the actual bonds, but I can tell you that we will not sell the bonds unless we make at least $500,000. That I can tell you. Vice Mayor Dawkins: So, you are going through an exercise here... why didn't you go and determine that you've going to save $5,000,000 and then come to me and tell me to vote on it? Mr. Garcia: Because we are asking you to give us the approval to go ahead to start preparing the documents and get ready to go to market and bring back the documents to this City Commission next month. Vice Mayor Dawkins: You know that you got to show me you are saving $5,000,000... $500,000. You are not showing that to me, but you are asking me to rubber stamp... Mr. Garcia: I can show you that I have some... Commissioner Dawkins: No further... Mayor Suarez: OK, he's got no further questions. It's clear, Carlos, that you have stated on the record and I think for the rest of us, certainly that unless you can show a savings and present value of $500,000, you are not to proceed on this and in the meantime, you've got a green light understanding that the actual savings can not be firmed down until you are ready to go to the market. Mr. Garcia: That is right. Vice Mayor Dawkins: OK, what will it cost me... Commissioner Plummer: Wait, whoa, whoa! Vice Mayor Dawkins: ... for you to determine whether you can go... I mean, how much you got to spend for you to get to the point where you can tell me, yes or no, with the $500,000? How much do we have to spend? Mr. Garcia: Right now we think we can make at least $550,000 today. According... Vice Mayor Dawkins: I'll ask my question again. Mayor Suarez: He's worried about your incurring further cost as a result of our action today, that we cannot recoup. Mr. Garcia: The only cost at this time is City staff, which are being paid anyway. The other people will not get paid until the transaction happens and it will not happen unless we have the savings. Mayor Suarez: And no one can claim any cost against us from our determination today. Commissioner Plummer who is... - Commissioner Plummer: The original issue was for thirteen point seven? - - Mr. Garcia: No air, the original issue was for $10,400,000 in 1981. Mayor Suarez: Then in '85, what would happen? 80 February 7, 1990 Mr. Garcia: In '85 was refunded because the interest rates had come down to 9 percent. The original issue was higher than 10 percent in 1980. Mayor Suarez: All right, what happened in 185? What was the total amount in '85? Mr. Garcia: $13,700,000. Commissioner Plummer: OK. Now you are asking for $15,000,000. Mr. Garcia: Right. Commissioner Plummer: What happens to the $4,600,000 that we paid out? Commissioner De Yurre: Bye bye. Mr. Garcia: That's merely interest. That's merely interest. What... Commissioner Plummer: I understand that, but we've already lost... Mayor Suarez: All except six hundred and some thousand is interest, we know that, Carlos. Mr. Garcia: That has transpired, but we are looking at a situation now, and we are looking forward as to how much... Mayor Suarez: But Carlos, it does worry us that the trend is that we owe more and more in time, I mean... Mr. Garcia: But we will owe less. If we look at debt service today, how much it will cost from now until those bonds are paid off... Mayor Suarez: Discount at present value is lower. Mr. Garcia: No, the total cost, I have the numbers here, I can share them with you. The total cost that we have from now... Mayor Suarez: But the problem is that we are answerable to a group of citizens who are aware of the fact that we just owe more and more each time and that unsettles him, Carlos. You can try discounting and all that with them and it doesn't always work. Mr. Garcia: Mr. Mayor, we will owe more principal, but less interest so the total debt of the City will come down, will be reduced. — Mayor Suarez: I know that, but J.L. likes an analysis based on the total = streams of payments... Mr. Garcia: I can give that analysis to the Commissioner. Mayor Suarez: He likes to get them all down and then add them all up. It has no particular economic significance, but it does scare the hell out of you, because it just seems to get bigger and bigger and bigger with time and that's not the way most people think you deal with your debts. You pay them offt Commissioner Plummer: Mr. Mayor, my problem is, instead of coming out better for so called less money, we're going from a $13,700,000 issue now up to a WEN $15,000,000. — Vice Mayor Dawkins: That started out at $10,000,000. Mayor Suarez: You know why I understand all of this? Because I'm doing = exactly that with my house. Mr. Garcia: That's precisely the situation. When you have interest rates... Mayor Suarez: I owe more and more each time, but somehow they tell me that's =. actually, T_'m owing less and less. Anyhow... Commissioner Plummer: You'll find yourself on the sidewalk one day. 81 February 7, 1990 s Mayor Suarez: All I know are the payments are a heck of a lot larger, the =_ longer I go and the more I remodel. Commissioner De Yurre: Let me ask this, who is on this nominating committee -_ for the bond counsel and the underwriting counsel and all that kind of good �—` stuff? Mr. Garcia: Bond counsel, we haven't had any bond counsel selection. Commissioner De Yurre: No, who is the selection committee? Mr. Garcia: Who was the committee that was formed back in 1989? Commissioner De Yurre: Well, who makes the selection? Who makes a - recommendation? Mr. Garcia: It was a committee of citizens appointed by the City Commission by five members of this City Commission and I don't have the names with me. That was, you know, several months ago. Commissioner De Yurre: And they recommend the underwriting counsel, they recommend the bond counsel? Mayor Suarez: No, no, the... Mr. Garcia: No, just the underwriting group. Mayor Suarez: The bond counsel we have previously preselected, I forget when the last time was that we went through the rounds and if you were on the... Commissioner De Yurre: How many... who are the rotating bond counsel? Mr. Garcia: The rotating bond counsel that we have at this time are two firms, Greenberg-Traurig and Holland & Knight, but that's up to the City Attorney to decide who the bond counsel is. Mr. Plummer: What? I thought it was rotating. Mr. Garcia: Yes, rotating. Mayor Suarez: Negotiated on a rotating basis, but it is negotiated and they do do a negotiation, they try to get a lower price. Commissioner De Yurre: Wasn't it we used to have three firms that rotated? Mr. Garcia: Right. Mayor Suarez: Yes, one of them bowed out, Broad & Cassel. Mr. Garcia: Broad and Cassel was the other firm. --�_ Commissioner De Yurre: OK, well, the next Commission meeting I'm going to bring up an item to add, hopefully, a third firm to this to get more - involvement. Commissioner Plummer: Well, if we are going to have a third firm, then we are going to open it up entirely. Commissioner De Yurre: Well, let's do it because... Mayor. Suarez: We probably should go through the round again, it's been a couple of years. _ Commissioner De Yurre: I think it is about time that we start doing some of that stuff. Mayor Suarez: It's painful, but... and we have been thinking about the City Attorney's office giving us bond opinions too and there is all kinds of ways to do that creatively and he is itching to get into more legal work anyhow, you can tell. Commissioner Plummer: We can evict him within 30 days. 82 February 7, 1990 Mayor Suarez: OK, on the item itself, with the provisos and specifications that Carlos has put into the record... Commissioner De Yurre: How many years remain on this bond as it stands now? Mr. Garcia: How many years we have to go now? I think we have 22 years. Commissioner De Yurre: How many? Mr. Garcia: About 22 years. Mayor Suarez: And the refinancing would change it to how many, Carlos? Mr. Garcia: Will be the same... the terminating, they will be paid off by the year 2008. Mayor Suarez: OK, the term doesn't change? Mr. Garcia: So it is 18 years, 19 years, yes. No, that would not change. Vice Mayor Dawkins: My problem with it is we started out with $10,000,000 and we refinanced it went to $13,000,0007 And now you are going to refinance to $15,000,000. Commissioner De Yurre: Why is it different, the increase? What is that attributed to? Commissioner Plummer: The cost. Mayor Suarez. The cost of refinancing. Commissioner Plummer: The thing what bothers me, in effect what... Mr. Garcia: It is not only the cost, but that's the amount of cash that you need... what happens with these bonds, you don't pay the old bonds. What happens with the new procedure you invest them in what is called slugs, or investment that will produce... will mature in a certain fashion. Mayor Suarez: Yes, but Carlos, unless you area about to tell us that you lost money on the investment, the investment of anything should reduce your overall principal amount owed, it should not increase it. Mr. Garcia: It is the amount of cash that is required to pay off the old debt. Mayor Suarez: Well, the principle amount, or the total amount outstanding has - been going up and the Commissioners rightly want to know why. We said cost, you said that is not the only reason. _ Mr. Garcia: Well, cost is just part of it, but cost is not the total increase. The total increase... Mayor Suarez: Who is taking the rest of the money? It's not from the = investments. Hopefully you are making money on the investments. �a Mr. Garcia: The monies are invested in a trust fund, in an escrow account. And that escrow account will pay off the old debt, and that debt, the amount -_ of money that you need to pay off the old debt and it is a very complicated _ formula that I cannot give you. Mayor Suarez: Carlos, that, in your field is called arbitrage. We did... _ Mr. Garcia: No, it is .not arbitrage. Mayor Suarez: Typically we make money on the difference in the interest rates _ between the investment that we make with the money and the interest rate that we have to pay. If we haven't been doing that on this particular fund, tell us now, so we stop doing this nonsense. Mr. Garcia: It is not arbitrage, it is a refinancing technique that is allowed by the Federal government, by which you buy investments. 83 February 7, 199p Mayor Suarez: Arbitrage, as I define it is allowed by the Federal government. All right:, anybody want to inquire further and get into this, or not? Commissioner De Yurre: Well, I just want to make a point and later on we have an item which I put on the agenda which is that Commission Awareness Program, I call it. You know, unless we get involved beforehand and know exactly what the hell is going on, then we, you know, we stand up here and we don't know what they are bringing before us, we don't understand it, and it is a waste of time, it has to go back and we don't get anywhere. Mr. Garcia: Well, Commissioner, we are trying to make you aware of this transaction well before it happens, well before we do anything, so if you don't like it, you tell us, but I think it is a... Commissioner De Yurre: One thing is, I don't know if I like it or notl Mr. Garcia: I'm telling you, you can save... Commissioner De Yurre: You know, you are talking about millions of dollars being decided in a four minute period and we are supposed to jump at it and make a decision immediately. It doesn't work that wayl It can't work that way. You know, conscientiously, I am not doing my job if I just on a whim just say, yay or nay. I can't and that prolongs the process and we waste time here and then we have to go back again. You've wasted time because you haven't been able to accomplish what you set out to do and we're back to square one. No, and I'm not ready to vote for this. Commissioner Plummer: Make your motion. You're not ready to vote for it and you want to defer it. Commmissioner De Yurre: Let's defer it to the next Commission meeting. Mayor Suarez: OK, what's the Commission's pleasure? Commissioner De Yurre: Deferral. Mayor Suarez: Move to defer. Commissioner Plummer: I'll acquiesce to the Commissioner's request and second it. Mayor Suarez: Moved to defer and seconded. I take that acquiescence as a second. By the way, interestingly, and unless I'm wrong, Carlos and Mr. Manager, the prospectuses that we issue usually don't deal with present value of our debt. They always deal with principal amount and I'm not sure this looks good or bad in our prospectuses or prospectii, whatever the term is. Anyhow, motion moved and seconded, any discussion? If not, please call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 90-110 A MOTION TO DEFER CONSIDERATION OF A PROPOSED REFUNDING OF SPECIAL OBLIGATION BONDS SERIES '85 PLUS ISSUANCE OF SPECIAL OBLIGATION REFUNDING BONDS SERIES 190 IN AN AMOUNT NOT TO EXCEED $15,000,000, UNTIL THE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR FEBRUARY 15, 1990. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: 84 February 7, 1990 AYES: Commissioner Victor De Yurre _ Commissioner J. L. Plummer, Jr. ZL Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins NOES: Mayor Xavier L. Suarez — ABSENT: None. - COMMENTS MADE DURING ROLL CALL: Mayor Suarez: I'm going to vote no on the deferral because I'm satisfied, but I understand that my brethren want to get more information, that's... 13. REJECT COUNTEROFFER PROPOSED BY BROTHERS OF THE GOOD SHEPHERD, INC. - FO'R ACQUISITION OF LEASEHOLD INTEREST IN PROPERTY AT 700-728 N.E. 1 AVENUE, AND FEE SIMPLE INTEREST IN PROPERTY AT 732-740 N.E. 1 AVENUE ("CAMILLUS HOUSE") - OFFER TO PURCHASE CAMILLUS HOUSE FOR $1.2 MILLION, WITH STIPULATIONS. Mayor Suarez: Resolution, item 13, authorizing the City Manager to execute an end to agreement, purchase and sale, Brothers of The Good Shepherd for the acquisition of the fee simple interest and leasehold interest in the property located at 700-726 NE 1 Avenue, also known as Camillus House, right? Commissioner Plummer: Mr. Mayor, I question, should we hear this now, since item 28 is also I think in reference to the Camillus House, or is it just the homeless situation? Mayor Suarez: I think they are dealing with the whole issue of a homeless coordinator and all that. Vice Mayor Dawkins: Why don't we take this one up now? Commissioner Plummer: Mr. Manager, for the record, you had two appraisals, a second time, is that correct? Mr. Odio: Yes. Commissioner Plummer: All right, the low appraisal was how much? Mr. Odio: $800,000, I believe. Commissioner Plummer: And the high appraisal was...? Mr. Odio: $1,300,000. Commissioner Plummer: $1,200,000, I heard. Commissioner Alonso: Two. Commissioner Plummer: $1,200,000. Mr. Odio: A million two point something. Commissioner Plummer: So then the average of the two appraisals is $1,000,000, is that correct? Mr. Odio: Yes. Commissioner Plummer: OK, now, tell me what does this amendment today have as far as... are we still on the same negotiated of being a contributor and benefactor of $2,000,000? Mr. Odio: The purchase price is a million... Commissioner Plummer: No, sir, the total cost. Mr. Odio: The total cost is $1,500,000, 85 February 7, 1990 NNIffiffill Commissioner Plummer: And? Commissioner Alonso: Plus? Mr. Odio: Plus we would give them $100,000 a year towards the... Commissioner Plummer: All right, I'll ask my question again. What is the = total cost of the taxpayers to close the Camillus House deal? Mr. Odio: $2,000,000... Commissioner Plummer: $2,000,000. OK, call it what you want, whether it is a supplement, or whatever, the cost to the taxpayers is $2,000,000, based on what is the agreed average of the two of $1,000,000. Now, just for the record, they are proposing to move the Camillus House a block and a half from the east to a block and a half west of the arena. Am I correct? Mr. Odio: It's next to Lummus Park, in that area. Commissioner Plummer: Is that not, Mr. Bailey, a block and one-half... Mr. Bailey: From the arena. The new site... Commissioner Plummer: Yes. Mr. Bailey: On the west side of I-95, it's about two blocks. Commissioner Plummer: All right., two blocks, all right. So instead of moving out of the area, they are going to move from a block and one-half east to two blocks west of the arena. For all practical purposes, they are not moving out of the area, correct? Mr. Bailey: That is correct, Commissioner. That's one.. Commissioner Plummer: Now, part of this money and their proposal, was to establish satellite serving stations, correct? Mr. Bailey: Feeding stations. Commissioner Plummer: Of which they now have established one at 6th and — Flagler in a church and my phone has been ringing off the hook saying, "Why _ are you taking a bad area and making it worse?" Now, I don't understand, for the life of me, the Rescue Mission, who this Commission dealt with, did in _— fact, move up into a warehouse area, removed that part of the problem from downtown and not one single complaint has been received in my office, because there is no one to be disturbed. I don't understand for the life of me, first and foremost, how we can give someone $2,000,000 for $1,000,000 of value. _ Second of all, they are not moving out of the downtown, they are moving from one side of the arena to the other side and I just want to remind the Administration, in all interest of fairness of the letter I received from the Miami Rescue Mission asking to be treated just as fairly as you could or could not treat the Camillus House, that we made a provision in their contract, that if for whatever reason, any day they vacated those premises, that the City got its money back in the form of a loan. From my knowledge, that is not being proposed with Camillus House. In all fairness, if this passes, I am then going to offer a motion that in fact you deal with both in equal terms, - especially the one who moved out of the area, into a warehouse area and has not created a single problem. Mayor Suarez: Vice Mayor Dawkins. — Vice Mayor Dawkins: The last page, which it looks, there is an addendum, first you've got to delete "H" or "K," because they are both the same thing, "H" and "K". Now, problem with it is, it says the property is currently used to provide overnight shelter for approximately 100 persons and a daily meal for over 1,000 persons. Within 12 months after the closing date, the seller shall discontinue the daily meals services for any but residents of the facility. When will they finally, permanently and forever move? Because, according to this, all it says that within 12 months, they will be down to feeding only the people who reside at the facility, but nowhere here do you tell me when the facility will move permanently. 86 February 7, 1990 Commissioner Plummer: Well, Mr. Dawkins, may I interject something here? I think it has to be remembered that presently the facility as even proposed cannot be built because it does not conform to zoning and it will have to go — through a complete zoning application which I'm assuming, would take, Mr. Manager, six months under normal conditions. So you're talking, and that's if we give them another piece of property to use for a parking facility. That's across, as I understood it, the parking that they wanted is on a piece of property across the street and that's what they need for compliance, am I correct? Mr. Odio: Well, true, but the issue is also that the people that use this facility don't have any cars, you know. Commissioner Plummer: Well, that's not the point. To comply, they've got to have it. Vice Mayor Dawkins: Can I get an answer to my question? Commissioner Plummer: OK, I just wanted to give you that. Vice Mayor Dawkins: Thank you. Can I get an answer to my question, when will Camillus House cease to operate where they are operating? Mr. Bailey: In the addendum, Commissioner, it is not clear. In fact does not even address the point. The item you just read was from the addendum - submitted as a negotiating point with Camillus House. Our contract originally stated that they would be out of the facility and location within 18 months after the date of purchase. Vice Mayor Dawkins: OK, but see, that's not in here. Mr. Bailey: I know. You are correct, The addendum would nullify that = provision in our contract and we accept the addendum, yes. Commissioner Plummer: I'd like to offer them $1,000,000 and let them run. Vice Mayor Dawkins: That's right, this would. Yes, all right now, the second part, and under no circumstances a_-m I as a person going to vote for it, but there again, I can vote for the rest of it. It says here any hazardous material, in the event the purchaser determines that there is hazardous material, waste or toxic substance found in or on the property, purchaser, _ which is the City of Miami, as an alternative to voiding this agreement, may take any corrective actions to void this agreement, no, I mean, to remove or eliminate this material at its own cost. Mr. Bailey: That is a concession, Commissioner, we could recommend, that would not have any additional cost to the City, because when we bid the site out, once we acquire it and put it out for development, we can pass that cost onto the developer. Vice Mayor Dawkins: OK, I go by there... Commissioner Plummer: Wait, whoa, whoa, excuse me. Commissioner Alonso: What about the payment for the testing? Vice Mayor Dawkins: Go right ahead, J.L. Commissioner Plummer: Wait a minute, what happened to us across the street? How much should we pay over there when this developer or somebody covered it over with a bulldozer and that we paid $160,000, was it? Mr. Bailey: That is correct, Commissioner. We did not have the provision that passed the obligation to the developer in that lease agreement. We can adjust it in a new lease agree... Commissioner Plummer: But we are buying... you don't think a developer is going to come in there today and accept that property without that provision of hazardous waste. Mr. Bailey: We could do that, because we make adjustments in the lease payment up and down. 87 February 7, 1990 9 Ms. Linda Kierson: But the Commission needs to be made aware that although we can pass along the cost, we can't pass along the liability and that's a concern. If there hazardous material on the property, everybody is liable. Mayor Suarez: Everybody in the line of succession is liable. Vice Mayor Dawkins: Say what now? Ms. Kierson: That's right, everybody is liable. Vice Mayor Dawkins: All right. Ms. Kierson: While we may be able to pass along the cost of the removal, we cannot pass along the liability associated with the environmental hazard. Vice Mayor Dawkins: You have answered my question, OK? Why should I allow Camillus House to pass on to me its liability, whatever it may be, for a part of removing this toxic material. Mr. Bailey: They were not... Vice Mayor Dawkins: Wait a minute, Mr. Manager, wait a minute. The City Attorney just said, sir, that you cannot pass on your liability. So what we are doing, we're telling them because we are benevolent, and J.L. always says, you got the taxpayers' money, you know, you don't have to pay it, we'll get the money. Mr. Bailey: Commissioner, I'd just like to make a clarification on what she said, and we both heard the same thing. If that applies to us, it also applies to the previous owner. That means they still are liable regardless of whether or not we take it on. It goes back to the original owner and sometimes all the way back to the person who caused the pollution, if you can find out who they were. Commissioner Alonso: Was the law in effect7 Commissioner Plummer: Herb, why would the City not demand that they give us a certificate that there are no hazardous wastes and that can be determined. Mr. Bailey: I would say we should demand that. I think what we are dealing here with now is a matter of... we are dealing with an emergency, we are dealing with the problems of downtown, we are dealing with a lot of things with which there are... Commissioner Plummer: What is the emergency? Mr. Bailey: Well, we have people who... Commissioner Plummer: To move them a block and one-half to two blocks? Mr. Bailey: No, no, we have a lot of concern on the part of an existing developer and future developers and pec+ple who are tenants that are very concerned about their environment that Camillus House creates. We have been dealing with this for three or four years. Commissioner Plummer: What is the difference environment if they can look from the 15th floor over straight down or over cattywampus and see the same damn thing? Mr. Bailey: It's not the same thing, Commissioner. Mr. Odio: Commissioner, the proposed... Mayor Suarez: It's a whole different kind of facility over there. We've gone through this already. Everybody knows how we feel. Mr. Odio: The proposed site will only house 150 residents. Commissioner Plummer: Mr. Odio, let me tell you something, my friend. You are a very practical man, but let me tell you what you are overlooking. The site they presently have only houses 100. It doesn't speak to the 300 on the Be February 7, 1990 11 11 sidewalk that you tell me cannot be removed and you know as well. as I des the minute that new facility is established, you are going to have the same problem there that you've got over on 1st Avenue. There's no way you can stop it. If you would, you could stop it today and it wouldn't even be a problem before us. Mr. Odio: Well, that's one slight... Commissioner Plummer: How would you stop it tomorrow? Just because they have a new facility, doesn't mean that there are not going to be 300 people on the sidewalk. Mr. Bailey: Commissioner, they are just... Commissioner Plummer: You can't guarantee me that. Mr. Bailey: We can't guarantee that, no, but... Mr. Odio: No, we cannot. Mr. Bailey: ... but that one is quite different than the new operation. They will not have the feeding, the soup kitchen. Commissioner Plummer: Oh, I understand that. I understand that. Commissioner Alonso: Yes, because we are just changing the location. Now it is going to be in Little Havana because right here in this building they are going to start serving 200 people according to what they say, but we know quite well that it is going to be much more than that. Vice Mayor Dawkins: Mr. Mayor, just a minute, I beg to be excused, because the last time we discussed moving things from Little Havana to different - places, I spoke up and then I got placed in the papers, so I don't even want to be here. Commissioner Plummer: Miriam, excuse me... Ms. Kierson: Vice Mayor... Mayor Suarez: Let the record reflect that any comment from this moment forward does not include the voice of Vice Mayor Miller Dawkins that can be attributed to his Blues Brother, J. L. Plummer, or anybody else. Commissioner Plummer: This is only the first of many places that they are going to use. Commissioner Alonso: I know, I know, and the problem is, how in the world the City of Miami will pay $2,000,000 for this property and then create problems all through the City of Miami by allowing this to be the case. We know quite well that East Little Havana has had enough problem. We did a study in 181- 182, and we say that area could not stand any more problems. It is one of the worst areas in the City of Miami and we are just sending more problems to that area. I don't know how can we possibly explain this. We are not resolving the problem of the Camillus House. We are paying $2,000,000, we are creating more problems for the City. What are we doing? Mr. Bailey: May I explain for a minute, please? She had a question, go ahe ad. Commissioner Plummer: Let me correct a statement you made. They are going to be feeding at that facility, supposedly only the occupants of the structure, but they are going to be feeding. Mr. Bailey: All right, that would be sort of a halfway house, which — Commissioner Plummer: You said that there would no feeding. There will bel Mr. Bailey: No feeding lines. There will be no feeding kitchen. Commissioner Plummer: Well, you didn't say that. 89 February 7, 1990 E a 1- Mr. Baileys Well, I stand corrected. That would be no soup kitchen for which you have the general publip coming. Can I make one statement? Camillus House... Mayor Suarez: Hey, to Herb, wait a minute, we've done this calculation before, but just so that Commissioner Alonso, in case she hasn't heard it. — Camillus House, typically, and I think I am right on this figure, feeds as many as 800 people a day. Mr. Bailey: 1500. Mayor Suarez:... with 60 beds, so it works out like 15 to 1, or. 16 to 1 and the idea is that that kind of functioning is not recommended any more by the homeless coalition, by anybody who is trying to deal with the homeless. Presumably the new facility would feed only the people who are residing there and in fact will be preempted by our zoning laws from feeding anyone else. Commissioner Alonso: Yes, that will. happen in that area, but what about in the other areas of the City? Mayor Suarez: Then we have to of course deal with the efforts to decentralize the feeding of people who are homeless. We have to deal with the homeless anyhow, I mean, they shouldn't be homeless. Commissioner Alonso: Well, as a matter of fact, we are not really dealing with the problem, that's a fact. Mayor. Suarez: We're not doing a real good job of it, we are improving, let me tell you. Mr. Bailey: I would just like to make a statement for the record. We are not recommending and we never have recommended that Camillus House move anywhere. We are only recommending that we buy the facility so we can have the site. In terms of what neighborhood will accept and will not accept, I'm pretty sure that the political concerns and pressure that's been exerted in other neighborhoods can be exerted in Little Havana and I'm pretty sure that if that kind of resistance is there, they will not move. We're concerned about buying the facility and moving there. Where they move is their problem. Commissioner Plummer: No, it's... well, it's their problem until it gets to our level. Mr. Bailey: Well, no, I'm saying, you are going to have that problem regardless. They are going to move eventually. We are not advocating that they locate to anybody's neighborhood. That neighborhood has to make that =_ decision and that decision will be made the same way that they have not been able to make a decision on any other neighborhood, because the moment they select one, they come here and the people in the neighborhood protest, and they don't go. If everybody protests, I don't know what may happen, but our concern is to buy the facility and move them. Commissioner Plummer: I still, for the life of me, can't understand how you are going to take $2,000,000 of taxpayer's money to buy a... Mr. Bailey: The Commission made that recommendation, we didn't. Commissioner Plummer: ... piece of property that is appraised at $1,000,0001 Mr. Bailey: We did not recommend $2,000,000. Mr. Odio: Commissioner, that agreement... Vice Mayor Dawkins: J.L., you are not being consistent. Mr. Odio: Being consistent, the Commission negotiated that agreement. Mr. Bailey: Absolutely, we did not, as you remember. Commissioner Plummer: No, no, excuse me, just for the record, and I'm not casting any aspersions. The Commission, Commission De Yurre, and I respect his negotiating... three votes of this Commission voted to give them that, Two votes of this Commission said no way, OK? So let's make the record clear. 90 February 7, 1990 Mr. Odio: All we did here wars bring... _ Commissioner Plummer: There is no way that I am going to give anybody $1,000,000 more than they are entitled to. Mr. Odio: No, what we did here is bring back an item that... _ Commissioner Plummer: I'm not finding fault with you. The Commission instructed you. Mr. Odio: This is already negotiated. This is an agreement that was already signed by Camillus House and all we are doing here is saying, let me allow to close, based on what you passed. Commissioner Plummer: And let me tell you, I do not find in here the provision that was put in at my request, even though I was on the losing side, that the money that they derive from this had to be spent in bade County addressing the homeless issue. I don't find that, OK? Mr. Odio: That was a condition that I remember and should be incorporated. Commissioner Plummer: I haven't... Will somebody show it to me? Mayor Suarez: That's fully agreeable, it is fully agreeable to them. It might go counter to some of the other ideas of hoping that the homeless will kind of leave the County and go away, but... Mr. Odio: I also want to tell you, Commissioner, that the Beckham Hall experiment, which is what it really was... Commissioner Plummer: Is a total loss. Mr. Odio: It is not, it is working very well. Commissioner Plummer: Let me tell you... Mr. Odio: I consider, Commissioner, that if we save ten people that have now jobs and are productive, that was a success. Commissioner Plummer: Mr. Manager, you see that's one of the things where you don't go to the meetings that we do. I wish you had been at the Allapattah- Community Development meeting on 'Wednesday night. One of their biggest problems and one of their loudest outbursts was over Beckham Hall of how you have effected their area by bringing these victims of society, Miller.. victims of society into their neighborhood, OK? Now, you know, it's the old namby, not in my backyard! I'm saying, let's take, if you want to address the homeless issue, let's take the $2,000,000, start a Camillus House and put them out of business. I just for the life of me don't understand. Commissioner Alonso: I want to put on record that we are quite aware that we are creating another problem for the City of Miami. Commissioner Plummer: Many. Commissioner Alonso: We going to have different spots all through the City of Miami and I want you to be very well aware before you give a vote here today that when we have people coming back to us and tellin us we have more problems in our community now because we also have the feeding in our neighborhoods and it's going to be all over town. It is going to be starting in bth and Flagler, in Bast Little Havana where they cannot stand any more problems, where the people who can barely survive day by day, because the situation there is horrible, it is called the Vietnamese area and it is not because we have Vietnam there, because we have people killing each other, because we have drugs, because we have all kinds of crime, and it is horrible, the situation and we are telling the people, we want to improve your neighborhood. Is that the way we are doing it? I can't believe that we are giving $2,000,000 and we are not even facing the issue of the homeless. Mr. Bailey: It's a pretty big backyard, Commissioner, and I understand everything you are saying and I talked to the people downtown and from everywhere all the time about whose backyard does it be in and I remember the 91 February 7, 1990 statement I made to Brother Paul some time ago when he said they have a right to be there and what they are doing there is just in cause and God's on their side. I just had to remind him God is on the people's side that he just put out of business. He's on everybody's side. It's a big backyard. We have to decide what backyard can we put it in. Commissioner Plummer: Well, why not... Commissioner Alonso: Mr. Bailey, why not there then? Why are you asking us to move Camillus House? Mr. Bailey: We are not asking you to move Camillus House. I'm asking... we want to buy the site now... Commissioner Alonso: Are you happy with it? Do you think you can be successful in all the projects that you have there? Mr. Bailey: I will give you some economic figures, if you want to reduce it down to dollars. This City has already spent, and not counting the $57,000,000 for the arena... $32,000,000. We have $10,000,000 from the Federal government. Commissioner Plummer: Where does this $31,000,000 come for the arena? Mr. Bailey: That's from another... Commissioner Plummer: I thought it was fifty. Mayor Suarez: Fifty-two. Mr. Bailey: Fifty-two, it is $100,000,000 all together. I may have a few nickels and dimes off, but we are in the ballpark. We have thirty-two... Mayor Suarez: You know what they say in Congress, a billion dollars here, a billion dollars there, pretty soon you are talking about real money! Mr. Bailey: But let me tell you what you are talking about and why some decision has to be made sooner or later. We've got $32,000,000 of public -_ money from the City of Miami in that location. We've got another $10,000,000 from the Federal government that this Commission fought very hard for, we went to Washington to lobby to get. We got three developers. One developer is _- spending $22,000,000, another $28,000,000, another $9,000,000 and we hope to. get much more. When you look at that and in terms of what we have to do to make sure that that does not cause you to lose that kind of money, then you have to realize that we have to make some kind of decision soon. Commissioner Plummer: But you see, the problem is, and I've said this to you before and I'll say it again, I think I would feel entirely different on the issue and would go above the $1,000,000 value appraisal if they were moving out of the area, but they're not! Mr. Bailey: The matter of moving is something that probably has to be addressed in some other arena. I don't know what to do about that. Commissioner Plummer: No, no, this arena, this arena, right here, OX? Now, you got the Salvation Army, who is basically in the same business, they went up to the warehouse district, around 23rd Street and 1st Avenue. You've got the Rescue Mission that went up to 22nd Street and 1st Avenue. You don't hear any complaints because there is... Mr. Bailey: Maybe we ought to try to negotiate another site, if we want to get into that, but you know. Commissioner Plummer: I'd feel a hell of a lot better and I would be willing to go more than the $1,000,000. I don't know that I'd go $2,000,000. But to allow them to go two blocks to the west, instead of a block and one-half to the east, and to establish six to twelve satellite serving areas, I don't think we are accomplishing... you know, fine, for the Overtown, maybe we are helping them a little bit, but what in the hell are we doing to Little Havana? What are we doing to Allapattah? What are we... 92 February 7, 1990 Vice Mayor Dawkins: Now, I was going to try not to say nothing, hold it, hold _ it, I was going to try not to say anything, OK? - but what is that little _ lady's name who came here from Lummus Park, the little... Commissioner Plummer: Mrs. Miller. Vice Mayor Dawkins: All right, that lady has been here complaining from day one that we not put this in her neighborhood. That lady brought, who?... Goodman in here, Gutman... to speak on her behalf. Gutman went to Tallahassee in an effort to get some aid of relief and this Commission ignored that lady in totality, but now it is going in one area, we are concerned now about the area. See now, I'll be back in The Miami Herald in the morning, but I mean, so be it, you know? If you can't stand the heat, get out of the kitchen, OK? All right, see, so now, if it is all right now for that little white lady to come down here and tell you she don't want it in her neighborhood and you ignore her, then you also got to ignore these other Latin Spanish people over here who say he want it, if you are going to be fair, OK? But now I am sure that there are some people who may want it. I don't know, but let's be fair _ up here if you are not going to be fair, then you know, let's don't pussyfoot around. You know, don't say that you are concerned about one area, we are concerned about the total City of Miami and don't nobody raise no more hell than the other one. — Commissioner glummer: Just for my own satisfaction I've got to put on the record. I brought to this Commission's attention in which the Brothers of The Good Shepherd bought a private home in the Roads section for $185,000 in cash, spent $100,000 in cash to fix up the house and put in a pool, for $285,000. As I announced before, that is my kind of poverty. It is now for sale for $285,000. Mayor Suarez: OK, Commissioners, we have debated, discussed, analyzed. Commissioner Alonso was not with us through all of these meetings. I really think that it is time to decide what we are going to do on this and... Commissioner De Yurre: I think Mr. Mayor, that one thing we have to address is, one of my understandings was, the soup line, as far as the satellite concept was concerned, they would go to existing services that were providing that kind of service. Mr. Bailey: That was for churches. Commissioner De Yurre: Churches, that were already providing soup lines to feed and they would take on a few extra more and kind of spread it out, and I need to be corrected if I am wrong. My understanding is that these two hundred that they are talking about in East Little Havana, that would be a new facility that did not exist there, is that correct? Mr. Bailey: That's correct. Commissioner Plummer: Brand new, it used to be a funeral home. Commissioner De Yurre: What, Rivero? Commissioner Plummer: Yes. Vice Mayor Dawkins: What, Plummer's funeral? Commissioner Plummer: I wish. Commissioner De Yurre: OK, is that the case? Mayor Suarez: Well, you are saying that would be. Let me clarify. You are talking about the church that has been built there? Commissioner Alonso: Yes. Commissioner Plummer: It's a brand new facility. Mayor Suarez: It is there. Commissioner Plummer: It's just been opened up in the last... 93 February 7, 1990 Commissioner Alonso: The church is... not yet. Commissioner De Yurre: But have they been feeding? .Are they providing a service? The concept was that they would not go into with this concept into any area that didn't already have this type of facility. Mayor Suarez: Well, that's a good question in terms of the zoning. I mean, I don't know what required zoning, what zoning you are required to have to be able to feed 200 people. Commissioner Plummer: It's a high commercial. Mayor Suarez: Well, from a church, but I mean I predict... Mr. Bailey: We were not really a part of the new location in Little Havana. Mayor Suarez: This is not anything that we decided ourselves, but what are our guidelines if any applicable to that .nituation, Herb? Mr. Bailey: Right, in terms of the churches, I understand, to the best of my knowledge that the overture was made to many of the churches throughout the Miami community, there was not• a wide acceptance of the churches to be involved .in the feeding. I can imagine, and I am pretty sure they put forth an effort to contact these churches and we just didn't have any takers. Ac I say... Mayor Suarez: Well, in this particular case... Mr. Bailey: We don't know, nobody wants it, in their backyard. Mayor Suarez: But this particular case he's talking about... Commissioner Plummer: That's not a true statement. They don't have any problem in the warehouse district, OK? There has not been a single complaint. Mayor Suarez: You mean because of the Rescue Mission? Commissioner Plummer: No, there is no one there to complain. There is no one there to be disturbed. Mayor Suarez: The Rescue Mission is a different kind of a facility. Commissioner De Yurre: Now, let me finish my second... Mayor Suarez: No, they don't have a soup kitchen for people that don't live there. Commissioner De Yurre: ... point. The second point that I have is that here we are looking out for the economic interest of that neighborhood, of the immediate area, all right? The economic benefit of the owners that own the property in that area, and I have yet to see owners coming here and saying, "Hey, we are willing to put up dollars to clean the area, you don't have to put up all the money. We're willing to go on a partnership type of thing, we are willing to put up money because it is going to benefit us." When Camillus House is gone, all those properties are going to go up in value, who is to benefit if not the property owners that are there right now and yet, they just want to windfall. I don't see them doing a damn thing to help in that process. Now, we come up with the asbestos issue and I'll be damn if I am willing to give another penny, you know, either if there is an expense there, they have to pick up that expense. If they are not willing to do that, then we walk away from it and let Camillus House be there for eons and that's the end of that. Mr. Bailey: That's not that simple, Commissioner. No, no, let me respond to that. This City Commission and the County decided to make that a redevelopment district, we didn't. We were given the task to make it work. By the time we got started there, any business that was in that area that had any chance of succeeding had already gone out of business because of the environment, The only beneficiary now to anything that is happening in that area as a result of Camillus House moving. will be the City and whatever this can do because they can attract more investment. 94 February 7, 1990 That will not be any reinvestment in that area. People who were there, who had businesses, have gone out of business. There has been any number before us, in fact, one of the facilities that Camillus House owns was bought after the Studio of Lighting went into default because they couldn't do business. The property owners there would not benefit. We would benefit do to redevelopment process, through more taxes, more reinvestment and a relief on some of the services that you have to provide because you have Camillus House there to... Commissioner De Yurre: Herb, are you telling me that once Camillus House is gone, or that Camillus House is not the cancer of that area, once Camillus House is gone and you've cured that cancer, there is no reason, that is a prime area next to downtown, there is no reason for that area not go up with redevelopment and that property goes up in value tremendously. Mr. Bailey: We hope so, because we'd get a lot of taxes in the trust fund and then we can finish doing the redevelopment. Commissioner De Yurre: Well then, don't tell me that these guys don't have to benefit from it. Commissioner Plur=er: Let me ask another question, Herb, and maybe I shouldn't be directing it to you, because I fully understand you're not in the business of the political, which we are. What the hell is going to happen to all of these people? Are they going to disappear? Mr. Bailey: They will not disappear. Commissioner Plummer: They are talking about... Commissioner Alonso: Going where? Commissioner Plummer: They are going to talk about 100 people. Now, they are _ telling us that they feed 1,000, 1,500. Where are these thousand people going to go? Are they going to leave the area? Commissioner De Yurre: St. Peter and Paul. Commissioner Plummer: St. Peter and Paul? Hey, they've got to go somewhere. Mr. Bailey: The solution to the problem that we have there is a national problem, Commissioner and we're not saying that because we buy Camillus House, we're going to solve the problem of the homeless, the mentally ill, and the street people. Commissioner Plummer: That's not my point. Mr. Bailey: That's not what we are doing. Commissioner Plummer: My point is that if I accept what they say here, that they are feeding 1,000 people, and I accept that in the new facility they are only going to feed the occupants, which you are roughly 100. Where is the other 900 going to go? Mr. Bailey: They are going to stay on the street where they are. Commissioner Plummer: What? Mr. Bailey: They'll stay on the street just like they were. Commissioner Plummer: And do you know where they are going to stay? They are going to stay right where the hell. they are. You know why? That traffic light is one of the best in town. They aren't going to move. Mr. Bailey: You won't have the attraction of the food. That does create more people. Every city in the Country has homeless in this downtown. Well, I'm not saying we are going to eliminate that situation. I'm saying we are going to eliminate a concentration in a specific spot. You are going to have homeless all over the City until the problem is solved nationally. We are not attempting to solve that problem. We should address it in some other situation, but this is not an effort to solve the homeless problem. 95 February 1, 1990 Commissioner Plummer: Well, give me then, your justification of paying $2,000,000 for $1,000,000... Mr. Bailey: I did not recommend that and we never would recommend anything above the appraisals that we get, we are bound by administrative order and the Charter to do that. This Commission decided $2,000,000 as a matter of expediency to get them to sign the agreement. Commissioner De Yurre: They want more. Commissioner Plummer: Who cares what they want. Hey, they want the world. Mayor Suarez: Mr. Vice Mayor. Vice Mayor Dawkins: I want to put on the record, we're being unfair to the business establishments in that area, the business people, the downtown people, merchants, all have coma forward in an effort asking us and offering assistance in the removal or relocation of the homeless, so don't as-, that nobody else is concerned. We do have the downtown merchants and everybody who is willing, to help us. Mr. Mayor, I think he's been trying to say something. Mr. Eladio Armesto: Mr. Mayor. Mayor Suarez: I'm not sure of the relevancy of this Mr. Armesto, but try us air, very quickly and briefly. Mr. Armesto: My name is Eladio Armesto. I am here on behalf of the owners of Arena Towers, the two buildings, 17 and 18 story buildings across the street from Miami Arena. Mayor Suarez: There are no owners of Arena Towers other than the developers because those are rental buildings. Mr. Armesto: OK, the developers, let's put it that way. Mayor Suarez: You are representing the developers? Mr. Armesto: Yes, the two corporations, Park West Limited and Park West Investments. Mayor Suarez: Are you a registered lobbyist on their behalf, or... Mr. Armesto: I am part owner of those. Mr. Bailey: He is one of the investors, he says. Mr. Armesto: A few months ago I was talking to Brother Harry, Brother Paul and Brother Jack. Commissioner Plummer: I thought Brother Paul was gone? Mr. Armesto: The problem is a problem of numbers. They only feed there 700 people a day, not 1,000, not 1,500. Seven hundred people a day, that is the soup kitchen. The soup kitchen they have, Mr. Mayor and Commissioners... Commissioner Plummer: Wait, a minute, just for the record, let me correct you to this point. In their document, not ours, and it is not that I pulled numbers out of the air, let me read to you from the document, OK? The property is currently used to provide overnight shelter for approximately 100 parsons and a daily meal for over 1,000 persons. Mr. Armesto: 700. Commissioner Plummer: That's their document. Mr. Armesto: Still, Mr. Commissioner. Mayor Suarez: It varies, it varies. Some days 800, some days 700, some days 1,000. Mr. Armesto: The maximum is 700, the maximum. February 7, 1990 �M Mayor Suarez: The average may be 800. Go ahead. Mr. Armesto: They go from Monday to Saturday. They don't feed on Sundays. Mayor Suarez: That's right. Mr. Armesto: The soup line, you call the soup kitchen line is because they only have a seating capacity of 35 people. They seat 35 people each time and until those 35 people are fed, they don't come out and other 35 go in. Therefore, I went to see several people, even in Overtown and in Little Havana, to got a place to move the soup kitchen. I found this church in 641 West Flagler Street who is willing and able to facilitate the second floor of the building, which is the zoning regulations there are completely met. It is zoned CR-3/7 commercial zoning that allows restaurants, dining rooms, hotels, transients everything is allowed there up today. I went to see the pastor of the church, Mr. Armada. He gave orders free, without any charge, without paying any money rent, even one dollar a year, the use of the facility to feed the people there. Why there? Because there will not be any line. Commissioner Plummer: What is the address? Mr. Armesto: 64 West Flagler Street, across the street from the old funeral home. The congregation owns almost the full blocks in two sides of the street. They own the whole block and there is not going to be any line at all on the sidewalk because the seating capacity at one given time of the second floor is 1,000 persons. You can sit there in a very comfortable manner... Commissioner Plummer: Are you talking about the old Flagler Street Hotel? Mr. Armesto: No, no, this is a new building, Commissioner. It is a three story building next to the old Flagler Street Hotel, next to the hotel. It is a new building. It is a three-story building plus a parking garage and over there you will not see any people on the street because at one time 700 people can sit there to receive their meals and the agreement with Brother Harry, Brother Paul and Brother Jack is to send these people over there. They are being fed at one time only and go out. But for your information... Commissioner Plummer: Go out where? Mr. Armesto: To where they came from. Commissioner Plummer: To where? Mr. Armesto: To the moon or the streets or someplace else, but for your own information, the same facility exists right now in NW 2nd Street and the Miami River, where the Salvation Army has five buildings there doing the same thing, even with drug addicts, halfway house, drug people, alcohol, and everything between NW 2nd Street and the Miami River... Mayor Suarez: What, Mr. Armesto, is your point, unless Commissioner Plummer is inquiring, what is your point? What are you trying to tell us? Mr. Armesto: My point to show you what is happening right now in order to stop that crying wolf because the wolf is there and nobody has said. The other facility, the Salvation Army is at 905 West Flagler Street, where they have breakfast and lunch and the other facility is at 1398 SW 1st Street in the corner of 14th Avenue, SW 1st Street, half a block from the telephone company office. Commissioner Plummer: Excuse me, those are entirely different facilities. Mr. Armesto: No, sir. Commissioner Plummer: 14th Avenue and 1st Street is a facility operated by the Salvation Army for battered women. Mr. Armesto: No, sir. Commissioner Plummer: Yes, air. 97 February 7, 1990 Mr. Armesto: For every woman that goes there and needs to be fed and needs to be sleeping over there. Commissioner Plutamer: It is a facility for battered women. The facility on 2nd Street and River Drive is basically a housing facility, OK? - it's a - halfway house. You have another halfway house across from Victoria Hospital. Mr. Armesto: But you have another one in 905 Flagler. Commissioner Plummer: But you don't have 300 to 500 people sleeping on the sidewalks. Mr. Armesto: I'm not talking about the sleeping. I am talking about the feeding of the people. The feeding... Commissioner Plummer: But you are not going to stop it. You are not going to stop itl Mr. Armesto: The feeding of the people, the feeding of people a day, maximum will be done at one time at 64.1 West Flagler Street, only one shot, and that's it. Commissioner Plummer: But they are not going to leave, they are going to stay there. Commissioner Alonso: Exactly. - Mr. Armesto: Why? Commissioner Plummer: Because they've got nowhere to go. Mr. Armesto: They don't stay in the other place. Mr. Armesto: Sure they do. They are around the Camillus House all day long. Mr. Armesto: Because Camillus House, in that facility, has sleeping facilities. Commissioner Plummer: No, no, no, excuse me. Once they feed them, they still stay there. They sleep there all night. They are out there on cardboard. Mr. Armesto: I tell you... Commissioner Plummer: Let me tell you, the feeding place is the nucleus, OK? They are going to go and stay in the area where they are being fed. That's why I say, go to a warehouse district. There is nobody to be bother. There's no places to break into. I'm saying to you, there you are not bothering anybody. Mr. Armesto: Mr. Commissioner... Mayor Suarez: Commissioner, that matter... wait a minute, wait a minute! That matter is not before us. What's before us is whether we want to acquire the property known as Camillus House. Where the same people are fed, we can affect with all kinds of other regulatory tools that we have at our disposal. No one wants to have a situation where 15 people are being fed for every one that is being housed and that we can attack from many other ways. We can try to direct them to the warehouse district like Miami Rescue Mission. Actually, I don't think they feed there anybody except the people who are there, which is the ideal way. Commissioner Plummer: That's correct. Mayor Suarez: And we don't disagree on any of that. We have a policy decision which I don't know, Mr. Armesto, what more you can add to that, which is whether we are going to pay what we have negotiated, whether we are going to amend the prior conditions at the request of the Camillus House or their request to our staff, because of the problem of possible contamination and we just have to make that decision today. I think that is unfair to the citizens of Miami, not to mention the Commission, that we constantly rehash this whole thing. The philosophy of all this is as complicated as the problem itself and God knows it is a complicated problem. 98 February 7, 1990 : Mr. Armesto: Mr. Mayor, only one minute please, to finish. Is this, for your -- Information, before you make the decision on not to buy Camillus House or not. For example, you have there, promises, the City of Miami .is backing up more than $100,000,000 of investments down there. Mayor Suarez: That point has been made by Mr. Bailey. Mr. Armesto: Listen, listen to me carefully. If those towers, or those buildings , I will lose something, the others will lose =_ something, but the City is going to lose more and then who is going to be in the business of running the apartment building, you people? Mayor Suarez: We are fully aware of that, we... Mr. Armesto: You got a worse impression, because every weekend, Arena Tower loses $12,000 to $15,000 in refund money to tenants that go there Monday, Tuesday and when they see the whole thing there, they said, "Hey, kid, give me my money back, I don't want to live over here," where I have to see these people. Mayor Suarez: We're aware of all that. Mr. Armesto: And... Mayor Suarez: We're aware of all that and we'd like the project to succeed. The question, is... Mr. Armesto: Like it or no, you are part of the marriage to the marriage. Mayor Suarez: Right. Mr. Armesto: I will offer on behalf of our company, addressing to Mr. De Yurre a The City of Miami would make more tax money from those buildings... i Mayor Suarez: You were about to tell us how much you are going to offer on behalf of your... — Mr. Armesto: I will offer that if he needs any assistance and we can cooperate... _ Mayor Suarez: How much are you willing to put into a pot if we have to pay for contamination? Mr. Armesto: We can cooperate, we talked to Cruz Development, Mr. ... Commissioner Plummer: Where is the check? Mayor Suarez: What... cooperate to what extent? How much? "Dinero." Mr. Armesto: To what extent? I cannot tell you. In money I cannot tell you, _ but, if an action is neither, he can call me, or Mr. Bailey can call me... Mayor Suarez: We're calling you right now. We need your money. Mr. Armesto: And we can call them, Mr. Cruz, the other development... Mayor Suarez: To eliminate the contamination which could break this deal which previously was approved by 3 to 2, the slimmest of margins, all right? — Mr. Armesto: I think we would cooperate... -- Mayor Suarez: Well, I haven't heard any figures, so... _ Mr. Armesto: ... like a joint venture. Mayor Suarez: Great. Mr. Armesto: And that, we don't opposed to that, but let's do it next week or tomorrow morning. 99 February 7, 1990 E Vice Mayor Dawkins: Mr. Mayor... Mayor Suarez: All right, thank you, Mr. Armesto. Mr. vice Mayor.. Vice Mayor Dawkinst Mr. Bailey... Commissioner Plummer: Mr. Mayor. Mayor Suarez: Mr. Vice Mayor and then Commissioner Plummer and hopefully we'll vote on this. Vice Mayor Dawkins: OK, you've heard the concerns of the Commissioners and each of us here share the other one's concerns. Is there any way that you can go back to Camillus House and in the bill of sale or whatever, the concerns raised by Commissioner Alonso that we get some assurance that Camillus House will not move there. You've heard the concern of Commissioner Plummer that they move more than a block and one-half away and you've heard my concern regarding the hazardous waste and you've heard my concern about a definite date of removal. Do you think if this... and I'm just guessing if this was approved tentatively... Commissioner Plummer: No way I can go with this. Vice Mayor Dawkins: ... with those conditions, would you feel comfortable with going to them in an effort to try to negotiate that arrangement? Mr. Bailey: We'll go back and relay the Commission's concerns and try to negotiate the best deal possible. On a couple of items I'd just like to remind you the site that's three blocks away from the arena, they own that site and we have no prerogative there other than to not permit or permit zoning. On the matter of the Little Havana, the Law Department will have to determine this. I don't think we can put into an agreement of the sale that restricts freedom of movement during the place that they would like to go. On the matter of the toxic waste disposal... Mayor Suarez: Nor do we have to, I mean, they are so restricted in their movement, that was the whole point with the Miami Rescue Mission, there was so fow places they could go to in the City that the zoning is proper and that the neighbors are not going to go bananas, that we actually pay them a premium for their property because of that. The cost of relocation is incredible for this kind of facility. That's all been stated. Mr. Bailey: In terms of the toxic waste, Commissioner, I really would not let that be a stumbling block. We can really satisfy that very comfortably and in terms of a definite date to move, I agree, we should get definite date as to when they would move, that we could agree to some sort of settlement. Vice Mayor Dawkins. Yes, we give them half the money before, and as they start to move and the other half when they move. Mr. Bailey: The payments are in installments. If you agree to... well of course, what we have today, anything that is different than what the amendment is being presented, it is an outright rejection of the amendment and we don't have an agreement anyway, we have to go back to negotiate. So, if you're saying that the amendment is not acceptable and you have mentioned some things in there that are not acceptable, we have to go back to the drawing table. Mayor Suarez: It constitutes a counteroffer to them and they may not accept it. All right. Mr. Bailey: Yes, it constitutes a counteroffer and it is null and void. Commissioner De Yurre: Their amendment constitutes a counteroffer to us. Mayor Suarez: To ours, yes. Commissioner Alonso: Exactly. We don't have a contract right now. As a matter of fact, we do not have a contract. Commissioner De Yurre: Because, let me tell you, when we sat down and put a lot of time into this, and we came to an agreement, that was it. Then they started coming back. 100 February 7, 1990 Commissioner Plummer: Wasn't there a stipulation of time in that agreement? Commissioner De Yurre: Yes, they said they were going to take three months and they would have to see their Pope and a whole bunch of guys and then they were going to come back with it. Commissioner Alonso: And once you change a contract, you do not have a contract, so right now, we do not have a contract with them. Mr. Baileys You have no contract, you... Commissioner Plummer: Let me ask this, Mr. Bailey... Mr. Bailey: ... are really voting on to accept or reject the amendment. That's really what we have. Commissioner Plummer: When was... there was a time limit in that other contract. Mr. Bailey: Eighteen months. Commissioner Plummer: Oh, it was a total of eighteen months? Mr. Bailey: Eighteen months, yes. Commissioner De Yurre: For them to be out. Mr. Bailey: They were to be out. Commissioner Plummer: OK, but we're still within that time frame. Mr. Bailey: Well, the clock starts from the day you signed the agreement. We don't have an agreement. Commissioner De Yurre: Not this time, I'm not going to wait eighteen months after this. At least, that's me, speaking. Commissioner Plummer: Well, let me speak for the record, and then I assume we are going to send it back to them. I see no reason whatsoever to deviate from the norm. The norm is to take two appraisals, divide it by two, that is $1,000,000, give them a 10 percent bonus and that's where I am. I would not offer a dime more than $1,100,000. I think that is very gracious. Mayor Suarez: The present offer... Mr. Bailey: We have a third appraisal already, Commissioner. Commissioner Plummer: Excuse me, Mr. Mayor. Mayor Suarez: Yes. Commissioner Plummer: Don't let me play semantic with you. That's total cost, not in... Mayor Suarez: OK, but all I'm saying is that in any event you are out of line with the offer that was made, so you'll still vote against it, that's... Commissioner Plummer: Well, that's what I'm saying is... Mayor Suarez: Now, there was a third appraisal, which was how much, Herb? Mr. Bailey: $1,200,000, and with considerations of some fixtures, that were missed, we'd probably get a $1,500,000 valid appraisal out of the site, based on a review appraisal. Commissioner Plummer: But one was as low as eight hundred. Mr. Bailey: That was eight hundred and the other was one four. We got a review on that, it was one point two. However... 101 February 7, 1990 =_ Mayor Suarez. Yes, even if you took the two highest, you are still a few hundred thousand dollars away from one point five, which he doesn't accept to _— be the actual figure we are offering, because he wants to include the $500,000 side deal, so he's still going to vote against it and we've got it on the record. Commissioner Plummer: Well, if... Mr. Bailey: We can justify one five. Mayor Suarez: You've put it on the record probably 20 times and you've been very consistent. Mr. Bailey: We can ,justify one five. I think the other matter now is the $500,000 which is really not for the site, it was for social services to care for the homeless. Mayor Suarez: Which they have to do anyhow. All right. Mr. Bailey: Providing they were using the City of Miami. Mayor Suarez: Right. Mr. Bailey: Well, the $2,000,000 is still OK. We just need to get the conditions as to when do they move, when do they stop this and other kinds of things and we are not arguing about the $2,000,000. I don't have the problem with that. Commissioner De Yurre: Well, they are arguing about the hazardous waste, the cost of removal. — Mr. Bailey: I don't have a problem with the hazardous waste. Commissioner De Yurre: Well, but I do. You see, I'm the one that has to vote, and I do have a problem, because it becomes a matter of principle that I'm giving $2,000,000 of the taxpayer's money, which... Mayor Suarez: What do you want to... Commissioner De Yurre: Which as it is, you know... Mayor Suarez: What do you want to make clear as the final terms that you would agree to, assuming that we get three votes? Commissioner De Yurre: We do not give a penny more than the $2,000,000 and that's it. Mayor Suarez: And we absorb no costs on the issue of contamination whatsoever and you're not willing to let the contamination be an issue for future developers. Commissioner De Yurre: No, no, we deal with it now. Mayor Suarez: OK, so you want to have a guarantee that the place in fact is not contaminated or a cleanup of the place. Mr. Bailey: And of the time removal. Commissioner Plummer: Mr. Mayor, I'd like to make a motion at this time. Mayor Suarez: Commissioner Plummer. Commissioner Plummer: I'd like to make a motion at this time that we offer Camillus House a maximum total cost factor of the normal procedures of $1,100,000. I'll so move. Mayor Suarez: So moved, Do we have a second on that motion? Commissioner Alonso: I second. Mayor Suarez: Seconded. Any discussion? If not, please call the roil on that motion. 102 February 7, 1990 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-111 A RESOLUTION REJECTING THE COUNTEROFFER PROPOSED BY THE BROTHERS OF THE GOOD SHEPHERD, INC. ("BROTHERS") FOR THE ACQUISITION OF THE LEASEHOLD INTEREST IN THE PROPERTY GENERALLY LOCATED AT 700-728 NORTHEAST FIRST AVENUE, MIAMI, FLORIDA, AND THE FEE SIMPLE INTEREST IN THE PROPERTY GENERALLY LOCATED 732-740 NORTHEAST FIRST AVENUE, MIAMI, FLORIDA (COLLECTIVELY REFERRED TO AS "CAMILLUS HOUSE"); FURTHER, OFFERING TO PURCHASE CAMILLUS HOUSE FOR $1.2 MILLION WITH THE STIPULATIONS THAT CAMILLUS HOUSE HAS TO BE CLOSED WITHIN EIGHTEEN (18) MONTHS OF THE ACQUISITION DATE AND THAT ALL COSTS ASSOCIATED WITH THE REMOVAL OF ENVIRONMENTAL CONTAMINATION, IF ANY, SHALL BE BORNE BY THE BROTHERS. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins NOES: Commissioner Victor De Yurre Mayor Xavier L. Suarez ABSENT: None. COMMENTS DURING ROLL CALL: Ms. Kierson: Just for clarification, please, you're saying that you have rejected the time proposal by the brothers and you are now offering... Mayor Suarez: I can't imagine any clarification on the clearest motion that has been made here on this issue in about seven months, counselor. $1,100,000 is all he wants to offer. Commissioner Plummer: And I said total. Mayor Suarez: No, that's it, total, period, end of! All right, please complete 'Lhe roll call. Mr. Dawkins: J.L., that's $1,500,000 and they got to pay the closing costs... Mayor Suarez: $1,100,000. Commissioner Plummer: No, no, no. Commissioner Alonso: No, no, no. Commissioner Plummer: Just the formula that is normally used. The $1,000,000 appraisal and ten percent bonus for closing, that would be $1,100,000. That's what we use day in and day out and that's what I said. Mr. Bailey: The review appraisal is $1,200,000, Commissioner. I just wanted to, for information. Ms. Kierson: $1,200,000, you don't have... Commissioner Plummer: I'm sorry, I'm going on the numbers given to me, $800,000 and $1,200,000, is $1,000,000 in dividing. Mr. Bailey: We were directed by HUD to get a third appraisal, a review appraisal and it came back at $1,200,000. Commissioner Plummer: What is the average, then? 103 February 7, 1990 Mr. Bailey: It's in arbitration review appraisal. $1,200,000, based on arbitration, the Commissioner Plummer: Then I will then be beneficial and say they are offered no more than one million one hundred... Mr. Bailey: $200,000. Commissioner Plummer:...two hundred thousand. I'll go that extent. Does the second agree then? Mayor Suarez: $1,200,000 is now the motion. Does the second accept that modification. All right, we are up to $1,200,000. Commissioner Alonso: Yes, we are generous. Mayor Suarez: Movant and second... Commissioner Plummer: Hey, Miller, "in nomine Patri, filie, Bantus." Vice Mayor Dawkins: $1,200,000 and the right to move in 18 months. Commissioner Plummer: Within 18 months. Vice Mayor Dawkins: OK. Yes. Commissioner Plummer: I'll even go less than that if you want. Mayor Suarez: Why did you even say anything further? This is not going to be acceptable to them. We've been negotiating this matter for two years. (CONTINUED ROLL CALL) Mr. De Yurre: What was his vote? Ms. Hirai: Yes. Mr. De Yurre: He voted yes? Ms. Hirai: Yes, sir. Mr. De Yurre: I vote no. COMMENTS AFTER ROLL CALL: Mayor Suarez: All right unless anybody makes any other motion. We'll let that pass though. We... Commissioner Plummer: OK, now — Mayor Suarez: You have an offer of $1,200,000. I think we have been negotiating $1,500,000 plus another $500,000 on the side, great. Commissioner Plummer: Now, Mr. Mayor, when they go back with that, I think it should be that this Commission is open to any suggestion they would like to make. That I think puts us then in the driver's seat. Mayor Suarez: We are open to any suggestions you might want to make. You are also open to have the door shut in our faces too, of course. All right. Mr. Bailey: I suggest you let us condemn it. I suggested that five years ago. Commissioner Plummer: What is that, sir? Mr. Bailey: Condemnation. It's not popular, but it's accurate. The courts will determine what you pay. Mayor Suarez: Anybody want to move to condemn the property and have the court prescribe the value? Commissioner Plummer: You mean under quick take? 104 February 7, 1990 B Mayor Suarez: I have previously voted for that too. Mr. Bailey: We could go to a long take. Commissioner Plummer: It's worth considering. Mayor Suarez: Not a quick take. We had a motion, it didn't pass before, but I think I voted favorably to. Commissioner Plummer: A quick take? Mayor Suarez: No, no, regular condemnation, not a quick take. Vice Mayor Dawkins: No, we can't quick take... Commissioner Plummer: No, I wouldn't, no way I'd go for quick take. Mayor Suarez: The Commission has enunciated a problem with the concept of a quick take because the price is fixed by the court and we have to proceed to complete the purchase... Commissioner Plummer: How would a regular condemnation proceeding take? Mayor Suarez: ... whether we like the price that's fixed by the court or not and whether we are interrupted by our fellow Commissioners like Plummer, who does it all the time. Mr. Bailey: We already have appraisals. We could probably do our filing. It may take a total of maybe six months with all the paperwork and administrative work. Commissioner Plummer: Isn't that what the normal procedure has been in the area that we've done in either of... we've neither settled or taken it to condemnation? Mr. Bailey: All of the Park West side was negotiated. On the Overtown side, on the four blocks paid for by UMTA, we had quick take. Commissioner Plummer: Yes, but that was the County did that. Mr. Bailey: The County did it, yes. That was the County's decision. Mayor Suarez: The County crucified us. Mr. Bailey: We have not made any decisions here in the City of Miami to do any condemnations. Commissioner Plummer: I would like to see by next Thursday, if I may, Herb, your pluses and minuses to the proceedings through condemnation or otherwise. Mr. Bailey: Or the long take? Commissioner Plummer: Yes. Mr. Bailey: OK. What was the motion that was passed? Commissioner Plummer: Motion passed was that we would offer them a total cost not to exceed $1,200,000. Mr. Bailey: And we will come back to this Commission with the... Commissioner Plummer: And also the provision that that must be closed within... that facility would have to be closed within 18 months after that date. Mr. Bailey: We will come back with the procedures on the long take. Mayor Suarez: OK. Commissioner Plummer: Well, wait a minute, now, Herb. Herb, I can't let you go away with that attitude. 105 February ?, 1990 Mr. Bailey: Oh, I'm happy. Commissioner Plummer: No, it is not a matter of being happy, it's a matter of your saying in so many wards, that that offer you can forget it, throw it out _ = the door. Mr. Bailey: That's our personal opinion. We don't know. Commissioner Plummer: Your personal opinion you keep to yourself. _ Mr. Bailey: I'll go and negotiate what you said and I'll bring you the results back from the negotiations. Commissioner Plummer: Thank you, sir. 14. APPOINTMENT TO MIAMI RIVER COORDINATING COMMITTEE (Reappointed was: Lou Waldmann). Mayor Suarez: Item 14, Miami River Coordinating Committee appointments. Who are the candidates? What do we do? Somebody from staff, please. How many appointments do we have? We'll go through these quickly and get to personal appearances. Nobody knows anything) Yes, Commissioner Alonso. Commissioner Alonso: I know I have one appointment coming up. Mr. Odio: She has an appointment. Commissioner Plummer: To what? Mr. Odio: To the Miami River Coordinating Committee. Commissioner Alonso: I suppose you people have two, I think. There are three appointments? Mayor Suarez: We've never allocated these, I don't think among the Commissioners. How many do we have vacancies, Mr. Manager, please tell us, somebody from staff. Mr. Odio: Yes, one appointment. Mayor Suarez: One appointment. Commissioner Alonso: One? Commissioner Plummer: And it's hers? Mr. Odio: Yes. Commissioner Plummer: OK. Commissioner Alonso: Then I'd like to reappoint Lou Waldmann to the board. Mayor Suarez: Is it on the Coordinating Committee now? Mr. Odio: Yes, he was and he is an incumbent. Mayor Suarez: OK, so moved. Commissioner Plummer: Second. Mayor Suarez: Seconded. Any discussion? I£ not, please call the roll. 106 February 7, 1990 t._ The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 90-112 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE MIAMI RIVER COORDINATING COMMITTEE FOR A TERM OF OFFICE EXPIRING JANUARY 4, 1993. (Here follows body of resolution, omitted here and on — file in the Office of the City Clerk.) — Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following votes — AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. _ Commissioner Miriam Alonso - Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------- 15. APPOINTMENTS TO ZONING BOARD (Appointed was: Arsenio Milian; reappointed was: Osvaldo Moran). - ------------------------------------------------------------------------------- Mayor Suarez: Item 15. Commissioner Plummer: Whose appointments? Mayor Suarez: I've got one and I'm ready to make my motion. Commissioner Plummer: How many are there total? Mr. Odio: Two. Mayor Suarez: Who has got the other one? Mr. Odio: Commissioner Dawkins. Mayor Suarez: Vice Mayor. Commissioner Plummer: Dawkins Mr. Odio: vice Mayor Dawkins. Mayor Suarez: OK, I nominate for my appointment Arsenio Milian. Commissioner Plummer: Dawkins, you have yours ready? _ Mr. Rodriguez: Mr. Mayor, I'm sorry, these are for the Zoning Board and this = is Commissioner De Yurre. Mayor Suarez: Don't confuse me after all this process because I will... Mr. Rodriguez: This is Zoning Board that you are dealing with now, item 15, right? - Mayor Suarez: Yes, sir. Mr. Rodriguez: And the Zoning Board, the appointment is from Commissioner De Yurre and Mayor Suarez. Mayor Suarez: Thank you. Commissioner De Yurre, do you have an appointment on 15? 107 February 7, 1990 Commissioner De Yurre: Yes, I wish to retain Osvaldo Moran. Mayor Suarez: OK, so moved on both of those? Commissioner Plummer: Second. Mayor Suarez: Seconded. Any discussion? I£ not, please call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 90-113 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE —_ AS MEMBERS ON THE ZONING BOARD OF THE CITY OF MIAMI, FLORIDA. _ (Here follows body of resolution, omitted here and on _ file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 16. APPOINTMENTS TO PLANNING ADVISORY BOARD (Reappointed was: W. Tucker Gibbs; one appointment is still pending). ------------------------------------------------------------------------------- Mayor Suarez: Item 16, who has got some, Sergio? I'll renominate Tucker Gibbs. Anyone else? Commissioner Plummer: Who else has an appointment? Vice Mayor Dawkins: Me. Mr. Rodriguez: Commissioner Dawkins. Mayor Suarez: Vice Mayor. Vice Mayor Dawkins: I'm not ready. Mayor Suarez: Not ready, I'll entertain a second... Commissioner Plummer: Second on the one appointment. Mayor Suarez: Tucker Gibbs, call the roll on that. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 90-114 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS ON THE PLANNING ADVISORY BOARD OF THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 108 February 7, 1990 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. 17. DISCUSS AND WITHDRAW CONSIDERATION OF PROPOSED APPOINTMENT TO THE OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL. (Note: This item comes up again and some appointments are ultimately made - See labels 18B, 19, 23 and 25.) Mayor Suarez: Item 17, we've got a request to withdraw until we can get more information by Commissioner Alonso. Commissioner Plummer: Mr. Mayor, let me broach that subject for a minute. I've got a real problem. I asked to appoint one of the sworn officers and I think that it would be only natural that it would be looked to me to put at least one Anglo on that board. Vice Mayor Dawkins: You ain't it. Commissioner Plummer: No, no, a sworn officer. Vice Mayor Dawkins: Oh, I thought• maybe you wanted it. Commissioner Plummer: The point I've got to make and ask this Commission if they could possibly consider - it's hard to believe, but I am given that there are only sixteen... sixteen Anglo officers who live in the City of Miami. Is it possible that with the consideration of this Commission, that I could appoint one that lives in Dade County, a City of Miami policeman? Vice Mayor Dawkins: No, they ought to live in the City. I mean, for me, no. Commissioner Plummer: My problem, well, let me... Vice Mayor Dawkins: My problem is if he doesn't think... he wants to work in the City of Miami, collect the taxes and the money from the City of Miami, ^ but he don't want to live in the City of Miami, I don't think you ought to make any concessions. That's just my personal opinion. Commissioner Plummer: OK, I'll have to go back and pick from one of the sixteen, then. Mayor Suarez: OTC, we've got... Vice Mayor Dawkins: Pick one of the sixteen who live in the City. Mayor Suarez: We've withdrawn the item in any event, right, at the request of Commissioner Alonso who needs more time. 109 February 7, 1990 i8. (A) APPOINT CERTAIN INDIVIDUALS TO URBAN DEVELOPMENT REVIEW BOARD (Appointed were: Bob Chisholm and Humberto Alonso, Sr.) (B) (Continued Discussion) DISCUSS PROSPECTIVE APPOINTEES TO OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL (See label 19). Mayor Suarez: City's Urban Development Review Board, item 18. Commissioner Alonso: I like to ask for an extension of the application deadline. Mayor Suarez: OK. Vice Mayor Dawkins: Second. Mayor Suarez: Second as to that extension for... Commissioner Plummer: Wait a minute, who else has appointments? _ Mayor Suarez: I've got two I'm ready to make. All of us, but I've... Mr. Olmedillo; There are ten vacancies. There are four who attend presently at the board for members and the names are included here in your package. They are Glenn Buff, Johnathan Seemor, Willy Borroto and William O'Leary. - They are presently, they make up the board presently. The board was expanded to 10 members, nine principals and one... — Mayor Suarez: I've got my two appointments. I nominate Bob Chisholm and -_ Humberto Alonso, Sr., not related to Commissioner Alonso, but likes her a lot. - Commissioner Plummer: Are the four that are there going to stay there? Or are they up also? — Mr. Olmedillo: It's up to you. No, everybody is up. Commissioner Plummer: Oh, OK. So, in other words, we still each have two to =- appoint and it can be at, the next meeting. Mr. Olmedillo: Maybe. We have a 30 day ad that has to be published. Mayor Suarez: No, she can extend the ads as to her appointments. Commissioner Plummer: Well, I want to do the same. _ Commissioner Alonso: It's a blank application, you have to fill an application. _ Mr. Olmedillo: She's asking for an extension to extend the application time - is what Commissioner Alonso has a question. - Commissioner Plummer: That's fine, that's fine. Commissioner De Yurre: I've got two. Do I also have two? Mayor Suarez: Yes, please, go ahead. Commissioner De Yurre: I'll name Dewey Knight III and Ralph Garcia Toledo, Jr. for the OPC board. Mayor Suarez: Both of my appointments are registered architects. I forget how many you need to have registered architects. Mr. Olmedillo: Five. Mayor Suarez: So you've got two out of the five right there. Vice Mayor Dawkins: What board is this? Mayor Suarez: Urban Development Review Board. 110 February 7, 1990 L-1 M G Commissioner De Yurre: No, no, not that. I want that for OPC. Mayor Suarez: OK, for the Urban Development Review Board, it's been somewhat inactive lateii, Qo... Mayor Suarez: If you would make an effort to find either architectural people who are knowledgeable and interested in the field of... Mr. Olmedillo: The Clerk has submitted to you 13 names which are in three lists... Commissioner Plummer: I don't have that. Mr. Olmedillo:... that you have received. They have to be registered architects or landscape architects. Mayor Suarez: Oh, they do have to registered architects or landscape architects? Mr. Olmedillo: That is correct, sir. Mayor Suarez: OK, if anybody else is ready with any more nominations on those? If not, we'll entertain those at a later time and make sure that you republish so that... do we need publication on those, on the applications, or not? Mr. Olmedillo: A 30-day ad. Commissioner Alonso: One of mine... Mayor Suarez: Because I know Commissioner Alonso is going to need it and apparently some others. Ms. Hirai: Hasn't there a time extension? Mayor Suarez: Fulfill whatever requirements you have. I'm not sure why you need to go through all of that. I suggested to you time and time again, one of these times you bring us these ordinances back, we get rid of all those requirements on publication. We have enough time filling all these boards without having all those silly requirements, and you never do it. But anyhow, we must do it, we incur additional expense and additional confusion and the board is not meeting in the meantime. Commissioner Plummer: Where are we on 18? Mayor Suarez: I've just had two nominations, which are my two, but there's no other nominations. Commissioner Plummer: And Victor made his two. Vice Mayor Dawkins: What board are we working on? Mayor Suarezi Urban Development Review Board. Vice Mayor Dawkins: OK, all right. Commissioner Plummer: I make a motion to approve the four names submitted and the... Mayor Suarez: There is only two, there is only two. Commissioner Plummer: No, you submitted two and so did De Yurre. Mayor Suarez: No, no, those are for the Office of Professional Compliance. Commissioner Plummer: Oh, I'm sorry. I move that we accept the two made by the Mayor and the rest go out for readvertising. Commissioner Alonso: I have question. Do we give the names now, do they have to complete the applications and... III February 7, 1990 Mr. Olmedillo: They should complete the applications and be for public inspection at the Clerk's Office five days prior to the meeting. Those are conditions that have to be met. Mayor Suarez: Make sure that mine are duly applied or whatever. Mr. Olmedillo: If anybody has applied, filed the application with the Clerk, five days before the next meeting date, they should be able to... Mayor Suarez: I'd like to hang, draw and quarter whoever made up those rules. OK, we have a motion and a second by Commissioner Plummer. I second it. Somebody call the roll please, quick. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-115 A MOTION APPOINTING BOB CHISHOLM, AND HUMBERTO ALONSO, SR. TO THE URBAN DEVELOPMENT ADVISORY BOARD. Upon being seconded by Mayor Suarez, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alor.so Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 19. (Continued Discussion) APPOINTMENTS TO OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL (Appointed were: Dewey Knight, III and Ralph Garcia Toledo - See label 17, 18B, 23 and 25). Vice Mayor Dawkins: What about 17? We didn't do 17. - Commissioner Plummer: They've asked to withdraw the item until they've had more time to come up with their nominees. Does anybody else have any? Vice Mayor Dawkins: All right, no problem. Mayor Suarez: Do we need to vote on Commissioner De Yurre's? Ms. Hirai: Yes, he said it on the record. Commissioner Plummer: W.y not? — Mayor Suarez: All right, I'll entertain a motion on those. Commissioner Plummer: So moved. — Mayor Suarez: So moved on his two appointments, Commissioner. Commissioner Plummer: I've made one appointment, the one I'm lacking is the one on the sworn officer. Mayor Suarez: Commissioner Alonso seconds. Call the roll on Commissioner De --� Yurre's appointments to make sure we have those appointed. - �J 112 February 7, 1990 i - The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-116 A MOTION APPOINTING DEWEY KNIGHT III AND RALPH GARCIA TOLEDO, JR. TO THE OFFICE OF PROFESSIONAL COMPLIANCE PANEL. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commiasioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J, Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 20. SELECT MEMBER TO BOARD OF TRUSTEES OF CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST (Selected was: Hector Serrano). ------------------------------------------------------------------------------ Mayor Suarez: What's the status on General Employees Trustees? Mr. Odio: They have recommended names for you to consider - Jay Cohen, Ani McCown, Marshall Litvak, Ann Ratterree, Hector Serrano and Cesar Eduardo Stone. Commissioner Plummer: I'll nominate Mr. Jay Cohen. Mayor Suarez: So moved. There's two all together, Mr. Manager, out of that list? One? Mr. Odio: One to replace Simon Ferro who resigned. Commissioner Plummer: Simon Ferro. Commissioner Alonso: Isn't this the board you are trying to get the... Mayor Suarez: This is not the one that we went through all the gyrations to try to get more Hispanic representation, is it? Commissioner Alonso is asking and I'm also asking. Mr. Odio: This is the Pension Plan. Mayor Suarez: Isn't this the one? Mr. Odio: And this is a recommendation by the union. Mayor Suarez: Charlie, looking at Charlie's face, I could tell this was the one, right? Mr. Charlie Cox: Yes, sir. Mayor Suarez: OK, we do have... Commissioner Alonso: That we are trying to include Hispanics in this. Mayor Suarez: There is not a single Hispanic representative at this point right? - on the board? Unidentified Speaker: There is one, Wally Lee. E 113 February 7, 1990 Mayor Suarez: There's one? And we were possibly looking for additional Hispanic representation because of the... Commissioner Alonso: There was a name that Commissioner De Yurre suggested? Mr. Cox: No, sir, no Ma'am, I'm sorry. Commissioner Alonso: Aren't you glad that we have Ma'am, not air. Mr. Cox: I just made a mistake, I'm sorry. Mayor Suarez: How many on the board altogether, seven? Unidentified Speaker: No, nine, nine altogether. Mayor Suarez: Nine? Mr. Cox: I will tell you this, the next appointment, the next two appointments for the unions when they come due, what I am doing is, I am going to put it out for election among union members, in other words, the union has always appointed them in the past, and we will run an election for the pension. Vice Mayor Dawkins: Who did you recommend, Charlie? Mr. Cox: Charlie Cox, president of AFSCME. Vice Mayor Dawkins: Charlie Cope? Mayor Suarez: You are going to recommend yourself? Mr. Cox: No. She asked me to put my name on the record, I'm sorry. Mayor Suarez: Who do you recommend on the list? - or do you not recommend it? Mr. Cox: I'll tell you the truth, I would really recommend Jay Cohen because I personally spoke to him. I had a meeting with him. It's very hard to get six people to make a commitment on a board that even makes less money than you all and has a lot of time to be put into it. I couldn't go to them in good faith, all six people, and speak to them personally. I went to my attorney and asked him for other names with Latins and I can't go to six people and ask them for a commitment and give six different people a commitment when there is only one appointment, but I really don't care, if it is your desire to appoint a Latin, you've got two names to chose from, if that's what you'd like. Commissioner Alonso: Do you have a Latin in that... Mayor Suarez: The list has two. Mr. Cox: There's two of them. Mayor Suarez: Hector Serrano and who is the other one? Mr. Cox: Hector Serrano and Cesar Edward Stone. Commissioner Alonso: If we select a Latin, it will be the only one that will be a member. Mr. Cox: No, Wally Lee is... well, as far as my appointment, yes, Ma'am. Commissioner Plummer: Did I get a second? Mayor Suarez: I'll second your nomination. Vice Mayor Dawkins: What is the nomination? Mayor Suarez: Jay Cohen. Commissioner Plummer: Jay Cohen. Mayor Suarez: Do you know the individual, obviously, Commissioner? 114 February 7, 1990 Commissioner Plummer: I've met him, yes. Vice Mayor Dawkins: All right, any further discussion? Commissioner De Yurre: Who are the nominees, now? Vice Mayor Dawkins: Jay Cohen. Mr. Alex Vilarello: Mr. Mayor, I'd like to point out, the resolution in the agenda package has the correct termination date. The cover memo has a wrong one. The termination date of the term is November 30, 1991. Commissioner Plummer: Let me you ask you a question. Charlie, am I understand that this is who the union people voted on? Mr. Cox: No air, these are outside appointments like Simon Ferro was an outside appointment and he left to run the democratic party. All of these appointments were prior to my administration. I was told that when Simon left, we had to replace someone. I went to my attorney and asked him to recommend someone. I thought it was just a matter of putting a name here and saying, this is who we'd like, and it turned out last meeting it didn't work that way. I went back to Bob, and as a matter of fact, Bob was here at the Commission meeting and he recommended some Latin names to be put on it, because that's what you want. I see the point on it and he gave me some Latin names along.. It's not a job that people are beating down my door to get, believe me. I mean, the way... Mayor Suarez: My feeling is that the overall welfare of the Hispanic community is not going to live or die by this appointment and the important thing is to have you to be sensitive to the fact that you should make some effort in having some representation from all the ethnic groups. If the Commissioners want to try something else, otherwise we'll vote on Jay Cohen. Commissioner De Yurre: Let me understand. Are these six individuals willing to serve? Mayor Suarez: Yes. Mr. Cox: As far as I know. I have not talked to but one. Commissioner De Yurre: Well, how about Hector Serrano? Mr. Cox: Yes. Commissioner De Yurre: Is he willing to serve? Mr. Cox: Yes. Commissioner De Yurre: OK, then I'll make a substitute motion and nominate him. Ms. Hirai: Nominate who? Commissioner Alonso: Second. Ms. Hirai: Who? Commissioner Alonso: Hector Serrano. Mayor Suarez: Moved and seconded on Hector Serrano, it is a substitute motion. Vice Mayor Dawkins: Go ahead, Mr. Mayor, with your substitute motion. Mayor Suarez: I guess we can either take a vote, or just vote on the substitute motion. Why don't you call the roll on the substitute motion, if nobody... THE FOLLOWING SC,BSTITUTE MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY COMMISSIONER ALONSO, NOMINATING HECTOR SERRANO AS MEMBER OF THE BOARD OF TRUSTEES OF CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST WAS ADOPTED BY THE FOLLOWING VOTE OF THE CITY COMMISSION: 115 February 7, 1990 5 AXES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins NOES: Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez ABSENT: Nonp. COMMENTS MADE DUELING ROLL CALL: Mr. Plummer: I hate to be put in a position of voting no, but I guess I got to stick with the person I nominated and I am forced into voting no. How can I not support the man I nominated? Mr. Dawkins: What am I voting on? Mayor Suarez: Hector Serrano. Ms. Hirai: A substitute motion appointing Hector Serrano. Mr. Dawkins: Yes. Mayor Suarez: I'll be consistent. Having seconded the other nomination I vote no, but very pleased that we have Mr. Serrano on the board. COMMENTS MADE AFTER ROLL CALL: Mr. Dawkins: I move that Mr. Serrano be accepted unanimously. Commissioner Plummer: Second. Mayor Suarez: Let's take another roll call so he doesn't think that anyone of us would have any problem with it. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 90-117 A RESOLUTION SELECTING A MEMBER. OF THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST AS PROVIDED FOR IN CITY CODE SECTION 40-227 FOR A SPECIFIED TERM OF OFFICE. (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: Cominissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 116 February 7, 1990 21. APPOINTMENTS TO CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD (Appointed were: Carlos Rodriguez Quesada, Josie Poitier, Josie Gonzalez, Tom Post, Ann Marie Adker & Father Gerard Darbouze; one appointment is still pending.) ----------------------------------------------------------------------------- Mayor Suarez: Citywide Community Development Advisory Board. I'm informed that my appointments are made. There's four left. Mr. Castaneda: I understand that Commission Alonso wants to appoint Carlos Rodriguez Quesada and I understand... Commissioner Plummer: Did you get a guarantee he wouldn't run against us? Mayor Suarez: One cannot built into an appointment a guarantee that he will not run again any of the sitting Commissioners. Mr. Castaneda: I understand that Commissioner Plummer wants... Mayor Suarez: Or Mayorl Mr. Castaneda: ... to nominate Josie Gonzalez. Commissioner Plummer: That's who I nominate. Mr. Castaneda: And I do not have the name from Commissioner Dawkins. Mr. Dawkins: What now? Mayor Suarez: Community Development Advisory Board. Mr. Castaneda: Community Development ,Advisory Board appointees. Mayor Suarez: Is Maria Elena still functioning as the chairperson? Mr. Castaneda: No, she's not. She's not on the board at all. Vice Mayor Dawkins: Josie Fortier. Mr. Castaneda: Josie...? Vice Mayor Dawkins: P-o-r-t-i-e-r. Mayor Suarez: Josie Fortier. Mr. Castaneda: OK. And the other one? Vice Mayor Dawkins: One or two? Mr. Castaneda: Two. Vice Mayor Dawkins: Mayor Suarez: OK, as to Josie Fortier. Vice Mayor Dawkins: 900 SW 47th Terrace and the other one is... Mayor Suarez: We can hold the other one if you want. Vice Mayor Dawkins: I'll hold it. Mayor Suarez: OK, those three nominated and seconded. Mr. Castaneda: OK, Commissioners, let me clarify for the record, at the last Commission meeting when you took up the item, this item, there were three persons selected from different target areas. One was Tom Post from downtown, Anne Marie Adker from Overtown and Father Gerard Darbouze from the Edison - Little River area and we would like you to ratify those three names along with your appointments. 117 February 7, 1990 Commissioner Plummer: So moved. Commissioner Alonso: Second. — -- Vice Mayor Dawkins: Second. Commissioner Plummer: I moved! Vice Mayor Dawkins: Second. Commissioner Plummer: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-118 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE EIGHTEEN (18) MEMBER CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD IN ACCORDANCE WITH RESOLUTION NO. 87- -_ 1006, ADOPTED BY THE CITY COMMISSION NOVEMBER 19, 1987 = WITH TERMS OF OFFICE FOR SAID APPOINTEES EXPIRING SEPTEMBER 1, 1990 OR AT SUCH TIME THEREAFTER AS - SUCCESSOR MEMBERS ARE APPOINTED. _ (Here follows body of resolution, omitted here and on _ file in the Office of the City Clerk.) _ Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins NOES: None. ABSENT: Mayor Xavier L. Suarez --------------------------------------------------------------------------- 22. APPOINTMENTS TO CODE ENFORCEMENT BOARD (Appointed were: Julie Gonzalez Rebull, Jr., Carlos Arboleya, Jr., and Daniel Perez-Zarraga - See label — 24). Mr. Plummer: Whose appointments are these now on the Code Enforcement Board? Mayor Suarez: I think my appointment is up for termination, I think it Is Carlos Arboleya Jr., at least he told me that. Commissioner Alonso: Yes, but you also have another appointment. Commissioner Plummer: Who is mine? Mayor Suarez: I have another appointment? Mr. Odio: Michael Zogby. Commissioner Alonso: Obdulio Piedra, he's until 191, so I think I should get one. Commissioner Plummer: Michael Zogby. Mr. Odio: And then Commissioner De Yurre had Perez-Zarraga. Commissioner Plummer: OK, I'll put mine off until the next meeting. Mayor Suarez: Whose appointments are they? 118 February 7, 1990 e Mr. Odio: You have one, Mr. Mayor. You had Carlos Arboleya, Jr., before and now Plummer had Michael Zogby and Commissioner De Yurre had Perez-Zarraga, Daniel Perez-Zarraga. Commissioner De Yurre: I'll reappoint him. Commissioner Alonso: I don't have one appointment to that board. Mayor Suarez has one, Obdulio Piedra, Commissioner De Yurre has one, Commissioner Dawkins has one. I think it is only fair that I get one this time. Commissioner Plummer: There's only seven members on the board. Commissioner Alonso: Yes. Mayor Suarez: We have to be careful, staff members, not to indicate that people belong to certain Commissioners, unless you have a nice, even number of appointments. There is seven altogether on the board? Mr. Odio: The nominations were made by those people. Mayor Suarez: By those people. Mr. Odio: That is not an appointment, but a nomination voted by the Commission. Mayor Suarez: I'll defer on Carlos Arboleya, after the Commissioner, if you have somebody in mind. Commissioner Alonso: Thank you, I do, Julio Gonzalez Rebull. Mayor Suarez: Julio Gonzales Rebull, Jr. or Sr.? Commissioner Alonso: Junior. Mayor Suarez: I saw Senior around here someplace. OPC, we've just instituted and everybody's made their appointments, I think. Mr. Odio: It should be, with consistent to prior practices, it has always been an architect... well, that's all right, a business person. Commissioner Plummer: All right, so I still have then an appointment. Commissioner Alonso: Yes. Mayor Suarez: Not you, and you can nominate someone. Commissioner Plummer: All right, then let me do this. Let me join hands with the Mayor for once and nominate Arbolella, Jr. We'll do it jointly. Mayor Suarez: OK, those two are nominated then, to fill the two. Is that the two that are left that are remaining? Mr. Rodriguez: One more. Mayor Suarez: One more? Whose terms are expiring? Mr. Rodriguez: The person that is left is an appointment that was previously made by Commissioner De Yurre, which is Daniel Perez-Zarraga. Mayor Suarez: And the Commissioner, you have renominated that one? Mr. Rodriguez: Nominated. Mayor Suarez: But we haven't voted yet. Everybody doesn't get an appointment, because we have seven altogether. Why don't we just accept those three. All right, that is in the form of a motion and a second as to those three? Vice Mayor Dawkins: Second. 119 February 1, 1990 a Mayor Suarez: Those are people who are interested in serving. They will all be coning at the meetings? It is an entity that meets very often with very _ important agenda. So moved and seconded. Any discussion? Please call the roll. The following resolution was introduced by Commissioner Plu.m:mer, who moved — its adoption: RESOLUTION NO. 90-119 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CODE ENFORCEMENT BOARD OF THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: — AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. _ Commissioner Miriam Alons© —_ Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. -------------------------------------------------------------------------- 23. (Continued Discussion) APPOINTMENT TO OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL (Appointed was: Lt. Frank Christmas. Note: Lt. Christmas was appointed as a substitute for Gerald Darling.) See labels 17, 18B, 19 and 25). Mr. Dawkins: OPC, I want to appoint Lt. Frank Christmas, 755 NW 47th Terrace. Mayor Suarez: So moved. Somebody second, please. Commissioner Plummer: Second. Mayor Suarez: Call the roll on that appointment. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 90-120 A MOTION APPOINTING LT. FRANK CHRISTMAS 10 THE OFFICE OF PROFESSIONAL COMPLIANCE PANEL. Upon being seconded by Commissioner Plummer, the motion was passed and — adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. -_ Commissioner Miriam Alonso _ Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez — NOES: None. ABSENT: None. 1, 120 February 7, 1990 24. (Continued Discussion) CREATE A SECOND CODE ENFORCEMENT BOARD COMPOSED OF SEVEN MEMBERS - DIRECT CITY ATTORNEY TO DRAFT APPROPRIATE LEGISLATION (See label 22). Mr. De Yurre: You know, Mr. Mayor, going back a second on the Code Enforcement Board, I've heard a lot of complaints that they have difficulty getting a quorum. Mayor Suarez: We ought to get an ordinance right away to increase the number up to ten, I think. Commissioner De Yurre: Or nine, or... Vice Mayor Dawkins: Well, why don't you get a ordinance that says after three meetings you replace them, why don't you get that ordinance? Commissioner De Yurre: Well, that too, but I mean, like I think they need some help. Mayor Suarez: I have no problem going a higher too, that gives them more appointments. Lot of people want to serve on that. Commissioner Plummer: What happened of my asking of the City Attorney's office about having a second Code Enforcement Board? Mr. Fernandez: You have never instructed us to. Commissioner Plummer: We've asked you to come back and recommend what the availability and if so, because it of the so numerous thousands of... Mr. Fernandez: The Administration does not recommend it. Commissioner De Yurre: Well, according to them, they say it is pretty up to date. Mr. Rodriguez: They're catching up. Commissioner Plummer: How can they? The Fire Department has written over 4,000 violations. Mr. Rodriguez: Well, most of them are corrected. The issue... Commissioner Plummer: 365 were corrected out of 4,000. Mr. Rodriguez: No. I saw there was more than 2,000 and in addition to that, they say that some of them were not reflected already in the figure. As to your issue, your concern about having two boards, the board agreed to meet on a weekly basis to take care of the delays on the cases and I think that covers. That meeting... Commissioner Plummer: {dell, what's the problem with having two boards? Mr. Vilarello: There's no legal problem with having... Commissioner Plummer: Then why don't we just create a board "A" and a board "B" and then you've got another set of appointments to make. Mr. Rodriguez: The other issue that you might want to consider is that people might choose to go to one board or to the other. Commissioner Plummer: No, no, it is a blind referendum there. Mr. Rodriguez: Well, no, what I'm saying by this is the people have been penalized. Commissioner Plummer: Don't give them a choice. Don't give them a choice. 121 February 7, 1990 Mr. Rodriguez: The people which are penalized might have a request to go to one board or to be heard by another board in the future, and there is really no need, to tell you the truth. I think that we are working well with one hoard at this point. The issue that we have is that we didn't have enough members in the board and... Commissioner Plummer: No, the real issue is not that. The real issue is we = don't have enough inspectors to force Code compliance. That's our real problem. Mr. Rodrigues:: If you see the amount of increase in number of compliances that we have and cases brought before the board, I can send you copies to show you the increase that we have had. - Mayor Suarez: And that's not really before us, so, rather than argue that, Commissioner, if you would contemplate making a recommendation on the proper size of the board, we'll take it up, have an ordinance drafted. Commissioner Plummer: You know, truthfully, I don't think we need more than seven. Mayor Suarez: Or having two boards. Commissioner Plummer: I'll make a motion that we create a second board of seven. Mayor Suarez: So moved. I'll second, if somebody wants to chair. Commissioner De Yurre: Any further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-121 A MOTION DIRECTING THE ADMINISTRATION TO CREATE A SECOND CODE ENFORCEMENT BOARD OF THE CITY OF MIAMI, TO BE COMPOSED OF SEVEN MEMBERS; FURTHER DIRECTING THE CITY ATTORNEY TO DRAFT THE NECESSARY LEGISLATION FOR OFFICIAL CREATION OF SAME. Upon being seconded by Mayor Suarez, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins i Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre ABSENT: None. ------------------------------------------------------------------------------- 25. (Continued Discussion: APPOINTMENT TO OFFICE OF PROFESSIONAL COMPLIANCE yi ADVISORY PANEL (Appointed was: John Shubin, Esq. Note: Mr. Shubin was appointed to replace Manolo Minagorri.) (See labels 17, 18B, 19 and 23). ------------------------------------------------------------------------------- Mayor Suarez: I have to ask the Commissioners for one thing please, on my appointment to the Office of Professional Compliance, I'm going to withdraw someone who is not able to serve, Manolo Minagorri, and would like to instead nominate John Shubin, an attorney who lives in the City of Miami and need a second on that. Commissioner Plummer: So moved that that be accepted. Mayor Suarez: Thank you. Moved and seconded. Any discussion? If not, please call the roll. 122 February 7, 1990 y The following resolution was introduced by Mayor Suarez, who moved its adoption: RESOLUTION NO. 90-122 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL AND RESCINDING THE APPOINTMENT OF TWO MEMBERS ON SAID PANEL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) IP— 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. ------------------------------------------------------------------------------ 26. RATIFY MANAGER'S FINDING OF EMERGENCY IN THE REMOVAL OF PCB CONTAMINATED TRANSFORMERS AND DEBRIS SURROUNDING CITY'S PROPERTY MAINTENANCE DIVISION AREA - AUTHORIZE ISSUANCE OF PURCHASE ORDER TO RESOURCE RECOVERY OF -_ AMERICA. ------------------------------------------------------------------------- Mayor Suarez: Item 22, ratifying action of the City Manager, finding the removal of PCB contaminated transformers and debris, etc. It is an emergency. Commissioner Plummer: So moved. Mayor Suarez: So moved. Commissioner Alonso: Yes, I second it. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. Mr. Vilarello: Mr. Mayor, there is a four -fifths vote required. Mayor Suarez: OK, we shall see, So far it is not controversial. Vice Mayor Dawkins: 22. Mayor Suarez: 22. If not, the Manager is out $6,443 out of his own personal income. (AT THIS POINT THE CITY CLERK STARTED ROLL CALL) Vice Mayor Dawkins: Hold it, hold it. Defer this, OK? There are minority firms out there removing asbestos and for you to tell me, what... Mr. Odio: Commissioner, we had to do this based on the Fire Department's _ - findings. Vice Mayor Dawkins: Then that's worse! Mr. Odio: We had to... Vice Mayor Dawkins: Then you had all the reason in the world to get a minority, because you were ordered to do it immediately. - Mr. Odio: This work was done already, Commissioner. We had to because of the health situation. We found enormous... 123 February 7, 1990 r Vice Mayor Dawkins: I'm saying to you Mr. Manager, that because it was an emergency and that it was health hazard and you needed to do it immediately, that was the all the reason in the world why you should have gone and found a minority. Commissioner Plummer: Well, what the hell do we do? The work's been done. Mayor Suarez: Unless it comes out of his pocket, the best we can do is advise him... Commissioner Plummer: I guarantee you the first time we deny and ratify, he'll never do it again. Mayor Suarez: PCB... Commissioner Plummer: Look, we got no choice. Dawkins, I understand what you are... Mr. Odio: I'll tell you what, I would do it anyway, because this was a health matter. Commissioner Plummer: OK, I don't... Vice Mayor Dawkins: You would do the same thing again? Mr. Odio: No, Commissioner, I would approve the removal of this... Vice Mayor Dawkins: Oh yes, I have no problem with that sir. Mr. Odio: OK, yes, 1 would. Vice Mayor Dawkins: The problem I have is, well, I have a problem with you're not using the minorities and you sit here and tell me you would do it again? Mr. Odio: Maybe there was not a minority company that does this kind of work. Vice Mayor Dawkins: There are minority firms that remove asbestos. Mr. Odio: It was not asbestos, Commissioner. Vice Mayor Dawkins: Beg pardon? Ms. Nancy Bann: It was PCB, which is a more lethal contaminant. Vice Mayor Dawkins: And you are going to stand here and... put her under oath, and tell me under oath that there are no minorities, Cuban or black or women who do this? Ms. Bahn: No, I would not say that, Commissioner, but one of the difficulties was the $5,000,000 insurance requirement because of the exposure that the City would... Vice Mayor Dawkins: Mr. Manager, I'm going to tell you again. We up here say that we want to help minorities enter the business field, OK? And when the opportunity comes to make a business deal with them, we don't do it. We, you know... don't bring nobody up there to tell me nothing. Mayor Suarez: What is the... Vice Mayor Dawkins: But, you are not going to do this again, that's all you need to tell me. Mayor Suarez: What does the PCB stand for again, I'm sorry? Nobody knows? We removed it. At least we figured it out. Commissioner Plummer: It's like angel dust and LSD. Vice Mayor Dawkins: I'll tell you what. Ms. Macbeth, if I go find a black... Mayor Suarez: Let's just find out. Do you know what we are talking about? Wait a minute. 1,24 February 7, 1990 L3 Vice Mayor Dawkins:... woman who can do this, will you all pay them the same amount of money in the City? Ms. Adrienne Macbeth: I don't know about that, that's but we did notify three black companies and four female companies of this bid. Commissioner Plummer: Why didn't they bid? Ms. Macbeth: Well, we'd have to get back and ask them that question. Vice Mayor Dawkins: It wasn't a bid, they said they had to move it in a hurry. Mayor Suarez. What is the PCB? Please tell us, if you know. Nobody knows that either, all right. Anyhow, we know that there are black companies that do this, black owned and Hispanic owned, woman owned, possibly. Chief Huddleston: PCB is poly -chlorinated biphenyl, I believe. Don't ask me to spell it. Mayor Suarez: Sorry I asked[ All right. Commissioner Plummer: Is that like alka-seltzer? Mayor Suarez: It's bad news. It's toxic, it can be harmful to your health. Vice Mayor Dawkins: All right, Mr. Manager... Mayor Suarez: We did it, it has been paid for, or I mean, contracted for, we must pay it. Vice Mayor Dawkins: Did somebody move it? Commissioner Plummer: All right, if the Manager will say mea culpa, mea culpa three times, then I'll move the motion. Vice Mayor Dawkins: I second it. Under discussion. Mayor Suarez: Moved and seconded without the "mea culpas" or with the "mea culpas." Vice Mayor Dawkins: Anything that you guys come up here and you need a four - fifths vote on it, and you lose me because I'm tired of sitting here begging you not to do this. The only way I can seem to get your attention is not puss some of the things that you bring up here and that seems to be the only way you guys understand what I'm saying. So now anything you need on the next Commission meeting, that needs a four -fifths vote„ see I'm voting no. Mayor Suarez: You're in trouble. All right. We have a motion and a second. Vice Mayor Dawkins: So we can understand that I mean what I am saying here. Commissioner Plummer: And my blue brother will convince me to see the light. Vice Mayor Dawkins% You lose automatically Mayor Suarez: We have a motion and a second, Blues Brothers or not. Any discussion? If not, please call the roll. 125 February 7, 1990 s� —' The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-123 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A = 4/5TH AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE _ ACTION OF THE CITY MANAGER FINDING THE REMOVAL OF PCB =_ CONTAMINATED TRANSFORMERS AND DEBRIS SURROUNDING THE CITY'S PROPERTY MAINTENANCE DIVISION AREA AS AN EMERGENCY, AUTHORIZING THE ISSUANCE OF AN EMERGENCY PURCHASE ORDER TO RESOURCE RECOVERY OF AMERICA, THE _ VENDOR PROVIDING THE LOWEST, RESPONSIVE AND RESPONSIBLE QUOTE, AT A TOTAL COST NOT TO EXCEED $6,443.00; ALLOCATING FUNDS THEREFOR FROM THE GENERAL SERVICES ADMINISTRATION DEPARTMENT/PROPERTY `-- MAINTENANCE DIVISION 1989-90 OPERATING BUDGET ACCOUNT =_ NO. 420401-670. (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. COMMENTS DURING ROLL CALL: Mayor Suarez: Don't get into it, just vote! Commissioner De Yurre: They spent the money? Mayor Suarez: Yes, spend the money, got the PCBR, whatever the hell it is. Mr. De Yurre: Well, what do we want a Commission for? Mayor Suarez: Bad stuff. Commissioner De Yurre: I'll go homel 27. APPROVE MODIFICATION TO PRIOR AGREEMENT BY AND BETWEEN CITY OF MIAMI, SWIRE PACIFIC HOLDINGS, INC., VIZCATRAN, LTD. AND OCEAN BANK OF MIAMI - CONCERNING DEVELOPMENT OF ELDERLY OR HANDICAPPED HOUSING ON VIZCATRAN SITE (VIZCAYA METRORAIL) - ALLOW VIZCATRAN LTD, TO WITHDRAW MONIES FROM ESCROW ACCOUNT AT OCEAN BANK, SUBJECT TO PROVISO. Mayor Suarez: Item 23, scheduled for 2:00 p.m., we are only two hours and 46 minutes behind! That's not bad. Who is laughing out there? You don't remember the old days, do you? Jackie Bell, you remember the old days) Not too bad. Mr. Portuondo, sir. Or who do we hear from? Mr. Joe Portuondo: My name is Joe Portuondo. My address is Suite 2700, 150 West Flagler Street. I'm appearing on behalf of Vizcatran, Limited, a limited partnership, whose general partner is Mr. Juan Delgado and we are here to ask for ratification of an addendum to the escrow agreement prepared by the City Attorney's office and myself in which it would modify the existing agreement by permitting the dispersal of some $50,000 of principal to Vizcatran, in order to reimburse Vizcatran for that portion of the carrying cost that was not covered the interest produced by the escrow fund. We have made that 126 February 7, 1990 payment. We are asking for reimbursement. This has happened before in the agreement early on. We got $25,000. The HUD has already provided the fund - reservation and the condition thereto have already been met by us and we - expecting a closing date by probably this summer some time. Mayor Suarez: And you would build what kind of facility there? Mr. Portuondo: It's HUD 202, elderly, handicapped, 100 units. Commissioner Plummer: How high? Mr. Portuondo: Nine floors. Commissioner Plummer: That is in the strictly R--1 residential district. Mr.. Portuondo: No, we have the zoning for that, yes. The zoning for that building has already been obtained long ago. Commissioner Plummer: I said the district. Mr. Portuondo: I don't... Commissioner Plummer: This is the one next to Vizcaya. Mr. Portuondo: Yes, exactly. Commissioner Plummer: Nine floors, and if we don't do this, what happens, Mr. Manager? Mr. Odio: They go back and negotiate with them, because this project... Mr. Portuondo: I'm sorry, I didn't mean to interrupt, but all we are asking for today is... the sentiment has already been reached about the building and the funds and escrow. All we are asking for today is an early disbursement of some of that settlement fund to us that is reimbursement for the carrying costs that we've had to meet. Commissioner Plummer: What happens if we deny it? Mr. Portuondo: Then we just have to go away. We relay upon your good faith to do that. I mean, that's all there is to it. Commissioner Plummer: Does that mean that the nine story building can't be built in my neighborhood? Mr. Portuondo: Absolutely not. That's going to happen one way or the other. It is just a question of putting an additional burden on the land owner that's really not required at this stage. Mayor Suarez: Remember that we had previously approved that rezoning and that it actually allowed them to go higher than nine stories and not to build... Commissioner Plummer: Also remember over my negative vote. Mayor Suarez: Yes, that's true and that it did not specify that it would be elderly housing. It could have been low income housing, whatever, the neighbors didn't want it. Commissioner Plummer: Well, at the time it was moderate income, which was... the thrust of the argument at the time was that it would be people who were working downtown, they could just walk across the street. Mayor Suarez: Yes, and there you would have got my negative vote because I don't think the City should be in the business of building moderate income housing. I just think it should be in the business of building low income housing in the neighborhoods that want it. But anyhow, we went through that discussion before. Commissioner Plummer: I assume I have something different here in front of me than what was in my packet, 127 February 7, 1990 v Mr. Portuondo: Let me finish my presentation. I thought that everyone had a copy of that, but essentially the draft that we had prepared between the City -y Attorney and myself, which would call for the disbursement to us immediately and in order to guarantee the City against any potential although highly improbable less of that money, we are willing to give a note and mortgage on the property and the note will become effective upon the termination date immediately upon our default and we will pay 10 percent interest to the City and the value of that is approximately almost $800,000 and it currently encumbered by $500,000 first mortgage, so you would receive a second mortgage in the amount of the funds that are going to be disbursed. Commissioner Plummer: See, the problem that I have, is the fact that that which I had in my hand five days before the meeting is not what's been in before me today. Mr. Portuondo: Well, we have ironed out some details and that's the final draft that we have is, I have a copy of it in front of me. It has that additional provision in it. Commissioner Plummer: And nothing has been signed. Mr. Portuondo: No, we need your vote... Commissioner Plummer: No, no, the bank official has not signed. The general partner has not signed and the vice president has not signed. Mr. Portuondo: They are all in agreement with the addendum. We just need the City's approval proven and everybody will sign and the funds will be disbursed. Commissioner Plummer: I accept your word, but usually the document is signed, completed and then surrendered. Mr. Joe Maxwell: In this case that couldn't be done, Mr. Plummer, until the Commission approves the document. Commissioner Plummer: Well, maybe I'm traveling along the wrong road, but I don't see why I want to help. Why does this benefit the City to do this? I'm asking my people that I pay, I don't pay him. Why am I, a City resident, benefited by doing this here today? Mr. Odio: If you are going to provide housing for the elderly, which is needed, I think you would benefit the City. Mr. Portuondo: If you recall, Commissioner., as well, the neighbors had a great deal of input in this and we changed the original project from 13 floors down to nine floors and it was all accomodation for all the interests involved and quite frankly, I mean, I guess if the whole... if the project fell through, we could put a unlimited height building on that property, but that's not our intention. We tend to go forward with the agreement of the nine floors of HUD. Mr. Joel Maxwell: Mr. Plummer, if I may, there are a couple of other things -{ that you need to be aware of here as well. One is as Mr. Portuondo pointed — out, initially the City had agreed to a disbursal of $25,000 when the resolution was initially adopted in 1988. However, that disbursal was different from the one presently in front of you. The record needs to reflect —';• that the initial disbursement of $25,000 was from interest accrued in the account of $500,000, which is presently at Ocean Bank. This disbursal would t be from the principal itself and that would reduce the principal from $500,000 to approximately $450,000, so that's significance difference from the initial disbursal. Secondly, the document before you is different from the one in your packet, because pursuant to further discussions with them, Mr. Portuondo, we changed the provision that provides for the mortgage and deed to be placed in escrow and now the document requires that the mortgage and deed be immediately recorded, which I think provides additional protection to the City - of Miami. Further, the original document provided for an interest -free loan _3 — and now the document requires for ten q percent, the ten percent per annum to - be paid to the City subsequent to determination date if the project is not — built, That also is an additional protection to the City of Miami and the monies would be due immediately upon termination. The last change is that all the parties agree that thed$te of the original document is June 9th and 128 February 7, 1990 that's important, because of the type of parameters involved and those are essentially the differences between the documents you have in front you. Commissioner Plummer: Who does the interest of the account go to? _ Mr. Maxwell: It goes into the escrow. Oh, the interest, the interest in the account now goes back into the escrow account and as the original agreement is drafted, it allows the applicant to use those funds for carrying costs, which are pretty broad. Commissioner Plummer: And who is the developer presently? Mr.. Portuondo: It is going to be the CODEC sponsored entity called, let's see... Peninsular Housing Development VI, Inc. It's created for this project, the CODEC sponsored project. Commissioner Plummer: Do we know who the principals of that organization are? Mr. Portuondo: CODEC or this new corporation that's going to be formed? Commissioner Plummer: Peninsula. Mr. Portuondo I don't know, Commissioner. It is being formed specifically to develop this project. If you are really interested, I could have someone from CODEC appear if you are that interested about that issue. G Commissioner. Plummer: Let's hear what this young lady has to say. Ms. Carolina Perez: Yes, my name is Carolina Perez, I live at 520 SW 29th Road and we have been here many times before and I want to make clear that what was approved was a building for the Archdiocese of Miami and now he's -- changing for this other low income housing, which is completely different, because of the matters and everything, we know that all the buildings that belong to the low income... Mayor Suarez: It's not low income, it may be, but it's elderly... Mr. Portuondo: 202. Ms. Perez: Well, they are deteriorating and they don't have and we _ don't want that in our neighborhood. - Mayor Suarez: Elderly handicapped and may or may not be low income. They _ certainly have a lot of needs. Ms. Perez: It is need, but there are many other areas and this area is not _ really the best for the elderly because after all, if you consider that there �. is nothing close, no shopping... Mayor Suarez: Oh, she is comparing to your comparison of the Arch Diocese's housing which is typically for the elderly, not necessarily handicapped and a - lot of times also in the same economic situation as what he is proposing except in this particular case, they are also handicapped, section 202. Ms. Perez: Yes, but the thing is about, you know, the kind of people, because different for elderly from any other kind of people, because they need guards... Mayor Suarez: Elderly or older. Ms. Perez: ... and they need guards and they need what, you know, the area is _ small and it in very integrated and we don't need any more traffic or anything on Coral Way and we don't need, you know all kinds... Mayor Suarez: Well, it doesn't sound like you are going to be driving a lot with elderly and handicapped. Ms. Perez: The problem is that we have been here many times and every few months we have the same problem all over again. Commissioner Plummer: Yes, but you see my problem., I'm with you, OK? But the problem is, we are not going to stop the project by denying this. That's the 129 February 7, 1990 problem. If I thought for one minute to deny this would stop that project, I'd make a motion in a hurry. I•c's not going to do that. Ms. Perez: The thing is that kind or project, because are in a small building... Commissioner Plummer: My dear, we're not discussing that today. This item before us here today in no way can stop the project. As a matter of fact, all it would do is maybe, maybe is delay it. The inevitable is there. That's my problem. Ms. Perez: OK. Well, thank you. Commissioner Plummer: Mr. Mayor, based on the comment of the City Manager, I only have to say that I wish the project would have gone away. It's not going away and the Manager convinced me the housing is needed and I'l.l move the item. -- Mayor Suarez: So moved. - = Commissioner Alonso: Yes, I second for discussion, but I have some questions y I'd like to ask. Mayor Suarez: Commissioner Alonso. Commissioner Alonso: I want to be very clear that every step has been taken and that we cannot stop this construction. Is that true? And I want some people in the Administration to listen to what I am saying to give me the right answer to my question. Is it true that what we are doing today does not affect the result of what is going to happen in this construction? It has been approved that the kind of building, the how many units, 100 units?... Mr. Portuondo: One hundred. Commissioner Alonso: One hundred, all of the conditions, we have no say, whatsoever. Everything has been taken care, therefor our action today will not affect this construction at all. Is that right? -i Mr. Odio: No Ma'am, that's correct. Mr. Rodriguez, But I want to clarify, as far as I know, they haven't applied for a building permit at this point yet. Commissioner Plummer: Well, but let me ask a question. ! Commissioner Alonso: Can they change the conditions? Are they allowed to have something else? Mr. Odio: We're not —not with this; what they are doing today would not affect that. Mr. Rodriguez: Today, no. Mr. Odio: This does not affect that. Mr. Maxwell: There is a covenant too. �t Commissioner Plummer: What is that? Mr. Maxwell: There is a covenant that was tendered at the time it was approved. Commissioner Alonso: What? Mr. Maxwell: There was a covenant tendered at the time that the project was approved. Commissioner Plummer: Can I ask a question? Commissioner Alonso: OK. 130 February 7, L990 i Commissioner Plummer: Mr. Sergio Rodriguez the bad guy, what happened to that which we requested of rezoning projects that were never taken out permits, to come bark before this Commission for possible reconsideration? Where are they? Mr. Rodriguez: February 15th, you have it on the agenda already. Commissioner Plummer: How many of them? Mr. Rodriguez: They were, I believe ten of them, ten areas. Commissioner Plummer: Is this one of them? Mr. Rodriguez: No, because it was not within the time frame that you bave us, which was so many months before 12 to 18 months. Commissioner Plummer: It was 18 months, wasn't it? Mr. Rodriguez: Yes, so this was not it. Commissioner Plummer: It's longer, this is much longer than 18 mon'ths ago. Mr. Rodriguez: Right, and you told us in the previous 12 to 18 months, we used 18 months the max, and this was beyond the 18 months, so we didn't include that one. Commissioner Plummer: You know that isn't what I... that isn't... Mr. Rodriguez: That is what you moved. Commissioner Plummer: No, no, let me tell you what I said - that projects that had been approved and not moved on within 18 months coma back up. You could have gone back ten years. Mr. Rodriguez: No, no, that's not the way we took it. I think the way the motion came up was up to 18 months and what we did was look at everything that had been approved by you and we have a list of all those projects for your consideration when you deal with this comprehensive rezoning in the February 15th meeting using the new zoning ordinance. Commissioner Plummer: Let's see what that brings about. I move this motion, M:. Mayor. Resolution. Mayor Suarez: Moved and seconded before, but Commissioner Alonso wants to inquire. Commissioner Plummer: I assume that you want it per this amendment that has been handed to us here today, which is seven in number, rather than six. Mr. Portuondo: Yes, sir. Mayor Suarez: Commissioner Alonso. Commissioner Alonso: No, no, I had my... Mayor Suarez: OK. Any further discussion? If not, please call the roll. 131 February 7, 1490 The following resolution was introduced by Commissioner. Plummer, who moved Its adoption: RESOLUTION NO. 90-124 A RESOLUTION WITH ATTACHMENTS, RELATING TO THE DEVELOPMENT OF ELDERLY OR HANDICAPPED HOUSING ON THE VIZCATRAIN (VISCAYA METRORAIL) SITE; APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, MODIFYING AN EARLIER AGREEMENT ON THE SAME SUBJECT APPROVED BY RESOLUTION NO. 88-542; THEREBY ALLOWING VIZCATRAN, LTD, TO WITHDRAW $50,238.21 FROM THE PRINCIPAL AMOUNT PRESENTLY HELD IN ESCROW BY OCEAN BANK, SUBSEQUENT TO EXECUTION AND RECORDATION BY VIZCATRAN OF A CONDITIONAL MORTGAGE DEED AND MORTGAGE NOTE TO SECURER SAND WITHDRAWAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. _ Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Regretfully, yes. Mayor Suarez: Gladly yes. 26. GRANT REQUEST BY HEALTH CRISIS NETWORK FOR STREET CLOSURE CONCERNING "AIDS MARCH MIAMI" EVENT. Mayor Suarez: Item 24, Health Crisis Network, street closures, do we have any problem with this, Mr. Manager? Mr. Odio: Except for the waiver of the fee of Bayfront Park, I have no problem with that. Mayor Suarez: We are only talking about the street closures at this point. Any problem on the scheduling on that or not? Mr. Odio: No. Mayor Suarez: OK. Commissioner Plummer: Where is that? Which item is this? Mayor Suarez: 24. Mr, Odio: This is the request from the Health Crisis Network. Mayor Suarez: And you are closing what streets? Unidentified Speaker: OK, I have a map that's... Mr. Odio: Starting on Bayfront Park, south on Biscayne Boulevard. Commissioner Plummer: And what day of the weak: is this? 132 February 7, 1990 Mr. Odio: This is on a Sunday, March 25th. —� Commissioner Plummer: And what time of the day? Mr. Odio: At 10:00 A.M. to 12:00 P.M. Commissioner Plummer: Is there any way you can avoid tying up Biscayne Boulevard? What is this, a walkathon? Mr. Odio: It's a walkathon and it's on Sunday morning. You know, Sunday morning is a... Commissioner Plummer: Well, you know, I'm just saying if there is any way to avoid blocking the street, is the only thing I'm asking. Mr. Odio: Well, I guess we could keep the march on one of side of the road on Biscayne Boulevard. Unidentified Speaker: It does. Last year it did not interfere, the traffic on Biscayne Boulevard for more than three or four minutes and the route has been approved by the police. The route was chosen, approved by the police and all we are asking for is the same support you gave us last year, the fee waiver to Bayf ront Park. Commissioner Plummer: Move it. Commissioner Alonso: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following resolution waa introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-125 A RESOLUTION APPROVING THE USE OF STREETS AND THOROUGHFARES DURING THE 2ND ANNUAL AIDS MARCH WALK-A- THON TO BE CONDUCTED BY THE HEALTH CRISIS NETWORK ON MARCH 25, 1990 IN DOWNTOWN MIAMI; SUBJECT TO THE - ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING THE - POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON SAID STREETS; FURTHER CONDITIONED UPON THE REQUIREMENT THAT 4 THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES. - (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the fallowing 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. 133 February 7 1990 2 29. DISCUSSION BY REV. RICHARD DUNN OF DRAKE MEMORIAL BAPTIST CHURCH CONCERNING LAND ACQUISITION APPRAISAL FOR THEIR PROPERTY AT 5800 N.W. 2 AVENUE. Mayor Suarez: Drake Memorial Baptist Church, item 25. There he is. Reverend. Do you have a problem with the appraisal? Rev. Richard Dunn, Jr.: No, Mr. Mayor and fellow Commissioners, I ,just wanted to perhaps get a status report of where we are. Mr. Odio: I believe we were in the process of obtaining appraisals. Mayor Suarez: And I gather he is probably worrying and concerned that it takes so long to get an appraisal, is that the... Rev. Dunn: Basically Mr. Odio: Excuse me, we just received one. We are waiting for the... Mayor Suarez: It always seems to happen right before it gets scheduled for the Commission. Mayor Suarez: We received one for $321,000 and we are waiting for the second appraisal. Commissioner Plummer: What are we going to do with this property, if we acquire? Rev. Dunn: It's supposed to be used for housing and that's the understanding. Commissioner Plummer: For what? Rev. Dunn: Housing, affordable housing. Commissioner Plummer: And who is proposing to build it? Mayor Suarez: Do we have any entity yet, that's identified, or do we still...? Rev. Dunn: I've spoken, I've met with Mr. Bailey and that's about as far as we've gone. Mr. Odio: Let me do this, once we get the second appraisal in, then he meets with the Housing Department... Mayor Suarez: I have a feeling they want to try to do it themselves again, right, like St. Hugh's and, some other ones? Mr. Odio: Yes. Mayor Suarez: Our own department as developer. Had too many... Commissioner Plummer: So in other words, this is coming back to us when you get the second. Mr. Odio: I will try to get it back on March 7th, Reverend, if we an arrange for a meeting with Bailey in housing so that... once, we have to wait for the second appraisal. Rev. Dunn: Right. Mayor Suarez: Well, how long is that going to take? Mr. Odio: I hope another week, not Unidentified Speaker: Well, the appraiser had a heart attack. Mr. Odio: Oh my God. 134 February 7, 1990 Mayor Suarez: The appraiser has a heart attack! Mr. Odio: Right, the appraiser had a heart attack. Mayor Suarez: How many appraisers do we have on the list of approved appraisers? We have many, they are making a hell of a living on the City of Miami. I mean, not this particular person, I'm sorry to be a... Mr. Odio: We will get another appraiser and try to get it back, for him to bring it back as soon as possible. Mayor Suarez: Get a seven-day appraiser. Tell somebody you've got to do it in seven days, I'm sure a lot of appraisers will jump at the opportunity of doing it in seven days. Mr. Al Armada: Yes, Mr. Mayor, what happened was that the appraiser that was hired... Mayor Suarez: We talked about it... Mr. Armada: Seven days, two weeks... Mayor Suarez: Try it for seven days, I'm sure that he'll do it. Mr. Armada: I'll try for seven days, I'll try for five, but... Mayor Suarez: There you go. If you tell appraisers out there that they have seven days to do it and they still get to collect their money, I'm sure they'll do it. Vice Mayor Dawkins: OK... Rev. Dunn: OK, so I will check back with the Manager. Mayor Suarez: Please. Rev. Dunn: OK. Thank you very much. Mayor Suarez: Tell Lori that she need not be here present, we can deal with her by phone, although I know she likes to spend all the Commission meetings here. Vice Mayor Dawkins: And my good brother. 30. (Continued Discussion) APPROVE TERMINATION OF LEASE AND DEVELOPMENT AGREEMENT BETWEEN ODESSA, LTD, AND THE CITY OF MIAMI - FOR BLOCK 55 OF SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT (CIRCA BARNESS) (See label 11). Mayor Suarez: Item 11, please. Mayor Suarez: Item 11 again. How are we doing on that? Mr. Odio: They're still meeting upstairs. Vice Mayor Dawkins: I just asked them... Mayor Suarez: Commissioner wanted a report... Vice Mayor Dawkins: The meeting is over. Mayor Suarez: ... so we can get this resolved one way or the other. Vice Mayor Dawkins: I am ready to move. Now, I asked them out of courtesy to come down. If they still decide that they want to meet up there on their meeting and I'm going to vote on their item, I am down here, that's entirely up to them, Mr. Manager. 135 February 7, 1990 Mayor Suarez: That's right. Are we ready for a report on that? Vice Mayor Dawkins: Madam City Attorney. Ms. Kierson: Yes, Vice Mayor. Vice Mayor Dawkins: Give me a chronological account of how we bent over backwards and went all the way attempting to assist this gentleman, this firm, in building these houses and they have not fulfilled their agreement. Mayor Suarez: .lust a rough chronology, I think is what the Commissioner would like. Me. Kierson: Yes, I will refer you to the resolution in which it states that since 1985... Mayor Suarez: Don't refer us to anything, give the quick chronology, if you can give that. When did this whole thing start, when did they get the award - and when are we... Commissioner Plummer: You know, you are sounding more like a computer every dayl You'd better be careful. You are going to have a number of computers running against you next time! Ms. Kierson: In 1985 the City Commission voted to approve the proposal submitted by Circa Barness Sawyer. We entered into a lease agreement with them June 15, 1988. Also in 1988, February of that year, the City Commission stipulated that if construction had not been done by June 15th of that year, that the visa be terminated and all development rights for the other parcels - would be rescinded. Vice Mayor Dawkins: OK, stop right there. Now, each time we made this clear to Circa Barness that they were not moving forward to develop the land and that we were ready to kill the deal, is that correct? Ms. Kierson: Yes, and I'd like... Vice Mayor Dawkins: At no time did we not tell them that they were not — performing the way we want and that were not going to take the land back. Ms. Kierson: I don't understand the question. Vice Mayor Dawkins: OK, the question is, as we went chronologically through this and this gentleman failed to fulfill his promise, each time this Commission had said to him that you are not developing the land. We want it developed and we are going to have to take it back. Did we constantly tell =_ this gentlemen that? Me. Kierson: Yes, we told them that. Vice Mayor Dawkins: All right. Go right ahead. Ms. Kierson: Thera has been some concern over the years. I'd like to also - add that the City of Miami approved a CD float, a loan for the developer in the amount of $7,500,000 with the stipulation that the developer admit certain conditions. The City has tried over a period of years to execute that agreement with the developer to no avail because developer has failed to provide us with security for our loan. _ Vice Mayor Dawkins: All right now... - _- Ms. Kierson: In June of 1989 we sent a default letter to the developer indicating that he had not complied with the requirements of the lease. Vice Mayor Dawkins: Right. Ms. Kierson: We had a meeting with the developer and a potential lender of the developer in September of 1989. Vice Mayor Dawkins: Right. 136 February 7, 1990 Ms. Kierson: Subsequent to that meeting, he indicated that the information provided was insufficient and that he still had not provided us with financial v commitments for the development of that project. It is this department's opinion that the developer has not met the conditions of the lease, that it - should be and can be terminated pursuant to 7.5 of the lease agreement. _ - Vice Mayor Dawkins: All right, 1 move that we terminate any agreement with a~ Circa Barness as of this date, because I have constantly sat here and explained that this property was to be affordable housing. We needed affordable housing and that it be developed and for some reason this gentleman has not been able to come up with the funds to do it and I'm moving that after we hear from him if he desirous of speaking, that we terminate whatever legal grounds it is with him to terminate and start to get somebody else to develop. {� Mayor Suarez: So moved. And in anticipation of obtaining a second, let me just ask you a couple of other questions. If this motion passed and we were to — move in that particular direction and assuming that the people involved, Circa Barness, or whatever, did not get any comments common injunction or anything, what period of time would it take for us to be able to re -award this site to —_ somebody else under similar terms and conditions, do you estimate? Ms. Kierson: We would have to have a competitive selection process. That could take anywhere from 30 to 60 days to complete. Mayor Suarez: Thirty to 60 days? Ms. Kierson: You have to have an RF'F, you have to publish it and wait for proposals to be returned. You can short-circuit that, you can give them a shorter period of time to respond, but.. Mayor Suarez: I'd be very surprised if you could do it in that amount of time. Ms. Kierson: But historically it has taken between one to two months to get it done. Mayor Suarez: OK, one other technical question before... and by the way, we are looking for a second here on this motion, but Mr. Manager, have you received, as I received today, I think, a letter from counsel for Circa? Is that In the record? Is this Commission aware of... Mr. Odio: I've not believed the... Mayor Suarez: ... the expected threat of legal... Mr. Odio: I believe it's not on the record. I gave the letter to Mr. Bailey just... I just got it before lunch today. Mayor Suarez: I just want to make sure it's in the record and everybody's had access to it. Mr. Odio: I believe it's not. Mayor Suarez: As always the developer feels that we don't have the right to do this legally, as always, I'm sure we disagree. And in fact, you stated on the record that we disagree, that we have every right to do it. Ms. Kierson: Yes, sir. Mayor Suarez: Manager, do you have a recommendation? Or do we have a second on the motion? Commissioner De Yurre: Second. Mayor Suarez: Seconded, Commissioner De Yurre. Mr. Manager, do you have a recommendation on this? Is there any other viable alternative that makes sense, before I'm ready to vote on this myself? Ms. Kierson: It, is... oh. Mayor Suarez: I have a feeling that we'll also entertain, yes, but I need something from the Manager here before we hear from an affected developer. 137 February 7, 1990 Ms. Kierson: It was earlier proposed that the developer be given an additional 30 day period to secure financing and 60 days from that date to have actual construction begun with the understanding that he would waive any claims he may think he has against the City or he may ever have against the City of Miami. Mayor Suarez: Now, does that mean that if we gave him 30 days to secure financing and could not... and if that could be defined, because you know how difficult it is to define that. Ms. Kierson: Right, we would define it in very specific terms. Mayor Suarez: That if he then didn't have it in those 30 days, we could be absolutely sure that they have waived all legal rights. We don't have to litigate. We can turn around and just award it to somebody else. Ms. Kierson: That's correct. Mr. Odio: I would prefer that he puts that on the record. Mayor Suarez: Wait a minute, I'm just asking a legal opinion at this point. I'm now, if the Commission wants and I certainly think it is proper we hear from the developer. Vice Mayor Dawkins: Mr. Mayor. Mayor Suarez: Vice Mayor Dawkins. Vice Mayor Dawkins: Madam City Attorney. Ms. Kierson: Yes, air. Vice Mayor Dawkins: I understood you to say that and recommending that this be taken from this developer, that I am on legal grounds and that I am perfectly within the legal constraints of this contract and the City of Miami. Is that what you are telling me? Ms. Kierson: That's correct. Vice Mayor Dawkins: Well, why are you, somebody suggested that I be afraid of him going to court and give him 30 days. Ms. Kierson: We are not suggesting that. We're saying that has been a proposal put on the table. Vice Mayor Dawkins: That's what I hear over there. Mayor Suarez: OK. Mr. Manager, any recommendations? And it's pretty clear that we have two alternatives here, if you don't want to recommend anything, we'll chose. Mr. Odio: My philosophy is if you can avoid a legal battle, that we got the housing built, that we do. I prefer that you hear that from them. They told me before this meeting today that they could obtain financing and that they place the burden on the City because we did not deliver clear title. I don't know about that part, because I have not been involved in that aspect of it, but assure me that if at the and of 30 days, they do not have the financing in the place, they would drop all legal claims against the City of Miami. Vice Mayor Dawkins: Madam City Attorney... Ms. Kierson: No, they would claims... Vice Mayor Dawkins: Madam City Attorney, before you do that... out of all the people who have built there, did any of them have a clear title? Ms. Kierson: They all did, we have title. We have title. Vice Mayor Dawkins: We have the title, OK. Ms. Kierson: Right. 138 February 7, 1990 1; Vice Mayor Dawkins: So, if everybody else builds, with us having a clear title, how could we stop him from building, when everybody else builds without a clear title? Ms. Kierson: It is our opinion again that the title we provided did in fact convey to them title, or good title. We have good title. Vice Mayor Dawkins: The same thing everybody else builds. Ms. Kierson: The same thing everybody else builds. Vice Mayor Dawkins: That's all I'm asking. Thank you. Mayor Suarez: OK, why don't we hear then from the developer before we take this action? Obviously, it would effect you. Mr. Bill Wilson: Bill Wilson, I'm with Circa Development Company. Let me say if I may a couple of things. I was somewhat dismayed to be asked to go up to the Manager's office and talk about a structure that was presented to me, I didn't present, and then find out I'm doing here being deliberated on. A couple things I'd like to say, with regards... Vice Mayor Dawkins: Yes, may I make one clarification? Mr. Wilson: Sure. Vice Mayor Dawkins: Now, who... why was this gentleman up there with an agreement that you all had that nobody told us about? See, now this... Mayor Suarez: They didn't have an agreement, they were trying to hammer out an agreement and report back to us by 5:00 o'clock... Vice Mayor Dawkins: But this gentleman... Mayor Suarez: ... at my request. Vice Mayor Dawkins: ... thinks that and he is right, see? Vice Mayor Dawkins: No, I was clear, Bill, that it may or may not be approved by the Commission. Mr. Wilson: That's not what I am saying, is that all of a sudden I get a call, "Run down because they are voting on the thing." I was told... Mayor Suarez: Oh, you did that, you did get that. Commissioner wanted to hear on this item and he was ready to vote to take away your rights altogether. Mr. Wilson: No problem. I was told by the legal counsel, wait here, because we are waiting for some additional phone calls. .Another issue is, I hear from Linda Kelley and I heard part of it coming in and out that we have been put on notice by the City that we are in default under the lease. I think that the records should also show that we have taken objections to that throughout. The Tither thing I'd like to make clear is that we didn't ask for 30 days to provide financing. We have financing. It was suggested to us that if there is an issue with the title, and there is, and another is that our title is different than the other developers because I was told about a month ago, that I had the same as someone else, I took the trouble on our legal bills to check with, I think it was John Cruz' title. It's materially different. Now, I'm not an attorney, so I can't stand here and say what is wrong. Mayor Suarez: Is it because it's a different location, across some part of the City, I don't want to say the tract, but maybe the tracts , I don't know. Anyhow... Mr. Wilson: Whatever it is, our attorneys in good conscience, and we pay them for that, for legal advice have said this title and the people we're dealing with in the lending said the title is not clear title. I can't do anymore than that. We have ready to go, I was willing based on a suggestion I think partly from the Mayor and partly from Mr. Orlin that if the City gave us new title, a clear title, and in the discussions that Linda had with our attorney, 139 February 7, 1990 It would take maybe eight or nine days, that 30 business days after that, if I couldn't produce the requisite financing, I would walk away without any claims. Mayor Suarez: Let me be clear anything that I would vote on would be 30 days from today. Mr. Wilson: Well, see, if you give me the same title, it is not the same. What we are saying is they have to go back to the County. The problem lies... Mayor Suarez: I'm just saying that my patience would run out 30 days from today. Apparently, some... Commissioner Dawkins' has run out before, perhaps two others, do... Mr. Wilson: I hear you and what you say is great. For me, I can't agree to that because we're back into square one. I need to have clear title, so I'm nowhere. Mayor Suarez: Do we have an opinion on that issue, Madam City Counselor, on the issue of clear title? Commissioner Alonso: The problem of the title? Commissioner Plummer: How come they don't have clear title? Mr. Herb Bailey: We do have clear title. I'm think... Mayor Suarez: Well, wait, we'll hear from the City Attorney on this one, please. Mr. Bailey: I'm deferring to the Law...attorney. Ms. Kierson: According to Commonwealth Insurance, we do have clear title. The problem was in the original County deed there were restrictions indicating that unless construction began by a date certain, that property would revert back to Dade County. The County then issues a quit claim deed, correcting that, deed, indicating that any and all restrictions were nullified and removed and gone. Mayor Suarez: Is that the basic problem as you understand it, because if it is, that's the kind of stuff that you either resolve it in 30 days or you don't but, that doesn't delay a project. It's trivial, to put it mildly. Mr. Wilson: The issue as I understand it, and again, I'm not an attorney, but with regard to our financing, that title does not allow us to take our original financing and get a second position financing or change the financing and that's the issue. Now, I am not an attorney, but Linda Kelly, we spent this morning on the phone with the attorneys, so I can't give you a legal opinion other than our, attorneys who are good at what they do, have... Commissioner Alonso: Would someone explain that to us why that will not clear that title? Mr. Wilson; I could have the attorney explain it to you, he's... we can get him on the phone, but I can't, you know, Commissioner, because I'm not an attorney. Ms. Kieraon: The attorney has indicated that the language has to revoke. It's a question semantics. We can't speak to that. although we feel that the language as written is sufficient to have good title to that property. The attorney is not at the office now. We have spoken with our legal counsel who issues the title policy. He has said that reversionary clause has been deleted. Now, we don't know if a lending institution has to have the actual revocation language in the document. We're saying what we have is adequate. Mr. Bailey: Commissioner, just to add a little to what the City Attorney has said, in most cases when someone applies for financing, the terms and conditions of the financing usually :always has some subsequent conditions to be resolved. Our problem is that we have not received from any financial institution, any concerns about any of these concerns that are being expressed to us by the developer. In most cases, and you are a real estate person as I am, you apply for financing, financing is approved conditioned upon certain 140 February 7, 1990 things being resolved. If we had any indication from any institution aa= indicating that they have approved financing, and that there is some language clarification that needs to be made in a title policy, then we could really =_ deal with it, but we don't have anything of that sort and Mr. Wilson has just said on the record, I won't dispute him, that he has financing. But only he knows that, we don't know that. A Mayor Suarez: All right, Commissioners, anybody else want to inquire? You 5- 3: ready to vote on the matter? Commissioner Plummer: Mr. Bailey, what do you recommend? Mr. Bailey: I recommend that, and I'll put it for the record... Commissioner Plummer: And I'm assuming whatever you recommend, the Manager is= recommending the same. t= Mr. Bailey: I recommend that we rescind Resolution 85-•393 which granted them the right to develop on the three blocks. I'm recommending that we rescind Resolution 85-754, which granted them the $7,500,000 CD float and I am recommending that we proceed to terminate the agreement as stipulated under the resolution that gave them the extension which is... I have right here and _ it's in your packet. Mayor Suarez: These are all the mechanical ways of carrying out the motion already made. _ — Mr. Bailey: Well, we have to reverse everything that we put into a place. Mayor Suarez: These are the mechanical ways of carrying out the motion that was made. Mr. Bailey: Yes, they are my recommendations. Commissioner Plummer: Are you recommending that be done as of today or a time limit certain.? Mr. Bailey: I'm recommending that be done as of today. Commissioner Plummer: I so move. Mayor Suarez: We have a motion already, I think. Commissioner Plummer: I'm sorry. Vice Mayor Dawkins: Second. Mayor Suarez: OK, I deem it to be essentially the same motion now specified as to the actual mechanics or procedure. Any further questions from any, Commissioner, or any discussions? Commissioner De Yurre: I was just, for the record, I was talking to Linda and she was expressing the fact that the problem that had to be cured, as far as clearing title, was done a year ago, so that's more than ample time to have taken care of all these problems. I have no problem voting as recommended by the Administration. Mayor Suarez: One last statement, on that issue or any other. Mr. Wilson: Yes, I'd just like to say for the record our intent has always been to develop, which I think the City's intent, and if you take this action, what our attorney said in the letter, we will go post haste. We're going to go after our right to develop this land and damages with that. Mayor Suarez: OK. Vice Mayor Dawkins: And we are going to damages if you're wrong. Mayor Suarez: Call, I'm not aura that... Vice Mayor Dawkins: Be sure of that. 141 February 7, 1990 Mayor Suarez: I'm not sure that they would be entitled to damages anyhow, even if they won on the merits. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-126 A RESOLUTION TERMINATING THE LEASE AND DEVELOPMENT AGREEMENT BETWEEN THE ODESSA, LTD., AS TENANT AND THE CITY OF MIAMI, AS LANDLORD, DATED JUNE 15, 1988, FOR BLOCK 55 OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT AND RESCINDING ALL DEVELOPMENT RIGHTS TO BLOCKS 45, 55, AND 56 OF SAID PROJECT. (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. 31. DISCUSSION WITH THE TASK FORCE AGAINST GRAFFITI CONCERNING PROJECT TO ELIMINATE GRAFFITI - SUGGEST COOPERATION BETWEEN THE TASK FORCE AND MORTY FREEDMAN OF THE MIAMI BEAUTIFICATION COMMITTEE. Mayor Suarez: Item 26, Miami Board of Realtors. Ms. Jean Simon: OK, my name is Jean Simon, I'm chairman of the Task Force Against Graffiti for the Miami Board of Realtors. This organization was formed two and one-half years ago to try rid the blight from what is really ruining our area from one end to the other. I hope our program is agreeable to everybody because there has been controversy in every issue, but I think everybody should agree that we've got to do something to get rid of graffiti. It's probably the least of all the crimes, it's on the bottom of the ladder, but it leads to greater crimes, it ruins the City, it ruins the property values, it makes our area look like a slum. We've been working through schools, trying to educate children. We've been working through the Legislature, we've been working to getting... we had a law enacted. Mayor Suarez: Not to cut you off or anything, but let me cut you off and ask you what you need for us to do, if anything? Ms. Simon: OK, well, we have a plan for you that we feel is very adequate. We cannot, as a small group, handle this momentous problem. We need a coordinator that will work with the City, with the HRS, with the whole... make Miami as beautiful, to try to get this problem straightened out. We have children that are willing, ready and able to work. They are some children that have not committed any crimes, they just want to see the area beautiful. We need funds to help this... just get painted. It is not an expensive proposition and... Mayor Suarez: Most of the time people make available the paint for free. There is a graffiti buster in the City of Miami, a very large human being out there who happens to be my youngest brother, and he is painting, if you just tell him where you want to try to do it, he can help you a groat deal and typically he gets the paint for free. In fact, the owners of a shop, or the store, or whatever, provides the paint, typically, if you provide the labor and that's the least that we expect from the Board of Realtors. It would be 142 February 7, 1990 nice if we'd also get a little bit of paint in the process. I'm sure you can provide that. Ms. Simon% Our Board of Realtors... Mayor Suarez: You could reduce that from whatever contributions you give to politicians. Me. Simon: Our Board of Realtors has provided more than you all know. They have been... Mayor Suarez: Except for Plummer's raise, coming up. Ms. Simons Let me let Leon Batkin, who is with the State Attorney's Office tell you of the plan that we have in mind. Mayor Suarez: If you need somebody from the City, that would be forthcoming, I'm sure it would be a great help for us to have your involvement and I'm sure there is someone in the City from I presume Community Development who would be the proper department, the Manager. Ms. Simon: We need somebody... Mayor Suarez: We'll give you a name. It's really his call on that. Ms. Simon: We are trying to coordinate HRS, the children that have been sentenced to do public service. I'm going to let Mr. Batkin tell you about that. He's from Janet Reno's office. He's chief of the Juvenile Department of the State Attorney's Office. Mr. Leon Batkin: Good afternoon, Leon Batkin with the Dade State Attorney's Office. As Ms. Simon said, what we've tried to do is to have kids who are convicted of crimes involving graffiti and other crimes that they may ordered to do community service, working, painting out graffiti. We can prosecute the cases, we can recommend that the courts order that the kids paint out graffiti, the judges can order it, but HRS doesn't have the resources. They don't have the paint,. they don't have the supplies, they don't have the person. You've indicated that you're willing to supply the person to coordinate, get the site, get the phone calls out to get HRS to provide the children and get the supplies to the community, but they are going to need supplies also. That's been something we've been working on for the past year. Mayor Suarez: The fellow I mentioned, by the way, who is my youngest brother, the 14th of the 14 brothers, would love to work with the State Attorney's Office and he has a lot of spare time. He's 615" and weights anywhere between 290 -- 300 pounds. Kids tend to listen to him, so if you ever want to use him, I'll give you his name and phone number. Mr. Batkin: The State Attorney's Office would be useful. HRS may be more useful to keep some of the kids they have to deal with in line. I have to only keep the judges in line. Mayor Suarez: I guess that is a philosophical issue we won't touch. What do you need from us other than a coordinator from the City? Mr. Batkin: We need some type of resource supplies, resources. We are going to need some materials or funds for some materials. We haven't figured out exactly how much we are going to need during the course of the year. Obviously, the less we have, the less graffiti we can have painted out. Mayor Suarez: Do we have any surplus paint? Dc we have any surplus paint? Can we try to identify some surplus paint that we might... Mr. Batkin: Part of the problem, Mr. Mayor, if I can interrupt, is that it's not just a matter of surplus paint. The paint has to match the building. The Miami's Is Beautiful organization was... Mr. Odio: There is more problems, excuse me, if I may. Remember we formed a graffiti squad once and the owners of the buildings gave us permission to come in... 143 February 9, 1990 Mayor Suarez: Permission, it takes a lot of effort to coordinate. It is not just the paint, the paint is usually the easiest thing to find. Mr. Odio: I mean, it is not... I wish it were that simple. Mayor Suarez: It is not a matter of financial resource, it is a matter of effort and interest and you've got a great group. Commissioner Plummer: How about liability? Mr. Odio: That's the problem. Mayor Suarez: He always worries about liability. I can't imagine too much possible liability that we could incur, but yes, that is something to worry about. Mr. Batkin: Mr. Bethel is here from HRS. — Commissioner Plummer: If you get up on a ladder you got a liability. Mayor Suarez: If you put them up on ladders, you've got to worry about liability, that's for sure. Mr. Batkin: Yes, Mr. Bethel is here from HRS, but I believe we have HRS' legal opinion that the kids who are ordered by the court who are in diversionary problems and are required to clean our graffiti are covered under workman's compensation insurance. Commissioner Plummer: I'm just asking. OK, workman's comp. Mayor Suarez: Yes, workman's comp is the best we can do, we are not going =_ to... OK? Commissioner Plumper: And how much is the Board of Realtors going to donate to this project? Me. Simon: The Miami Board of Realtors has been donating secretarial services, they have been donating all mailings and supplies, they have been — donating money. Mayor Suarez: The old in -kind contribution and then some cash too, right, Ms. Simon? Ms. Simon: Pardon? Mayor Suarez: And some cash too, I've heard? Ms. Simon: And some cash, yes, you're right. Mayor Suarez: I'm sure Herb would approve... Ms. Simonz You're right, we had the children... _ Mayor Suarez; Bob Valladore, who was around here too, and all of them. Ms. Simon: We put in a program in the school system for 20,000 children, - third graders, we supplied prizes for the children that won the contest; we supplied a trip to the zoo and we have supplied the materials for the contest. — T Mayor Suarez: "Dinero," he wants to know, "cuanto"? Vice Mayor Dawkins: In other words, let me say, I'll be prepared to vote for this only on the strength of matching what the Board of Realtors put in cash. Ms. Simon: You're not fair. Vice Mayor Dawkins: Ma'am? Me. Simon: You're not fair. Vice Mayor Dawkins: I can't hear you. 144 February 7, 1990 Ms. Simon: You - are - not - fair! Commissioner Plummer: Still can't hear you! Ms. Simon% We have devoted hundreds... Vice Mayor Dawkins: Fair, unfair, or not. I will vote for this unfairly matching dollar for dollar that the Board of Realtor's puts up. Ms. Simon: Let me tell you, if you can match hour for hour, the thousands of hours we've already put into this, I will go along with you. Vice Mayor Dawkins: All right, if you will match dollar for dollar to the City of Miami out of all the profit you make selling real estate in the City of Miami dollar for dollar, then I'll match you. Ms. Simon: I think we're being a little unfair. Vice Mayor Dawkins: I think we are, but no, we not being unfair, we're being truthful and we don't want to face each other. Ms. Batkin: This project is for the City of Miami, it's... Vice Mayor Dawkins: Ma'am, you know, I'm not debating you, I'm only telling you how I will vote for this, that's all. You know, and because of the Sunshine Law, I can't tell them, but I have to say here, so that they know how I am going to vote, that I will vote for this only... that's me, that if you match dollar for dollar. Ms. Simon: Unfortunately, the program was long and we've lost a lot of our members, but we have had complete research of downtown Miami, we have spent hours down there locating graffiti sites and telephone poles and mailboxes and the City is a mess. We've tried to spend hundreds of thousands of dollars to draw tourist here and what do we show them? We show them a dirty City. Mayor Suarez: I don't agree with that statement, but you can... Ms. Simon: Well, just,.. Commissioner Plummer: How much is the Board of Realtors willing to donate for supplies? Ms, Simon: What we are trying to do is take a portion of downtown Miami, visible from the peoplemover and start with that project. Commissioner Plummer: I'll ask my question again. How much is the Board of Realtors willing to donate? Ms. Simon: I can't speak for the Board of Realtors. Commissioner Plummer: How much is the proposed cost of the supplies? Ms. Simon: The cost of the coordinator, if we do... Commissioner Plummer: Besides the coordinator, what is the actual hard cash, that is going to be required? Mayor Suarez: I don't think anything. She just talked about painting the buildings you could see from the peoplemover. The Building Owners and Managers' Association, BOMA, will give you all the paint you need if you provide the labor to paint any of those buildings. Ms. Simon: Well, we need a coordinator. Mayor Suarez: And I will make sure that they do. Ms. Simon: All right, we need... Mayor Suarez: If not, we'll find the paint somewhere else. Ms. Simon: We need a coordinator. We cannot, there is,.. 145 February 7, 1990 Mayor Suarez: He's going to give you a coordinator, we already... Ms. Simon: All right, you've got... Commissioner )Mummer: Mr. Blaisdell. Mayor Suarez: Right, John Blaisdell, formerly of the Sports Authority. Frank Castaneda of Community — Mr. Castaneda: Yes, I now. We have the Miami Beautification Committee, which is working on exactly the some project. Commissioner Plummer: Yes, I can see Al Pallot out there right now with a paint roller) - when hell freezes overl Mayor Suarez: Do they have a... Mr. Castaneda: They have a program to improve the... Commissioner Plummer: They have no funds. Mr. Castaneda: ... the roofs of buildings downtown. Mayor Suarez: The roofs of buildings of downtown that you can see from the peoplemover. Commissioner Plummer: They have no funds. Mr. Castaneda: No, they have... they are working with the University of Miami who is providing for the design, and I believe that the business owners are willing to pay for the paint. Mayor Suarez: Yes, they really are willing to pay, I guarantee. If you provide the labor and the coordination and the supervision and the insurance, HRS, or at least workman's comp, I guarantee you that they will give you the paint. Commissioner Plumimer: Can I bring something to your attention? There is one gentleman, and I use that term 'loosely who is the greatest offender of midnight art, OK? He has been to court three times. He is still out every night. When you see on the side of a building, WFW, that is his signature, and I hate to tell you what it stands for. Mayor Suarez: It's his nephew, you know, what can we do? Commissioner Plummer: I don't have any nephews. It is world's finest writer{ I can tell you where he lives. Obviously, going to court has not done him one iota of good, he is still buying spray cans and when they said he couldn't buy spray cans, he now has an air bottle, and I question what is going to happen. Mayor Suarez: That's a restatement of the problem in a very specific individual's case. Al right, thank you, we've got a coordinator? Commissioner Plummer: Just by the way, he is only 15 years old. Mr. Castaneda: Yes, Morty Freedman... Mayor Suarez: This gentlemen here is the director of Community Development and we have Morty Freedman in that department who would be an ideal coordinator. Mr. Castaneda: Right, working with the Miami Beautification Committee and in exactly the same project. Mayer Suarez: Exactly the same project? Well, it is really a matter of networking is what it really is. Morty Freedman has been doing this up to now, from our perspective. That's Mimi's husband. Thank you, and thank you for your cooperation and your efforts in the City, we appreciate it. 146 February ?, 19" 0 -------------------------------------------------------------------------------- 32. BEGIN NEGOTIATIONS WITH W'YNWOOD COMMUNITY ECONOMIC DEVELOPMENT —_ CORPORATION CONCERNING MULTI -FAMILY HOUSING DEVELOPMENT (N.W. 36 STREET BETWEEN N.W. 3 AND 1 AVENUES), WITH PROVISO. Mayor Suarez: Wynwood Community Economic Development Corporation. Commissioner Plummer: Oh, ohl Here comes another freebie. Mayor Suarez: New multifamily housing development. What do you need, Bill? Commissioner Plummer: The world. Mayor Suarez: Staff, anybody? Mr. Bill Rios: We're looking to get donated a piece of land that's — Commissioner Plummer: Does the Administration recommend this? Mayor Suarez: Have you identified the land, Mr. Manager? Commissioner Plummer: Does the Administration recommend this? Mayor Suarez: Wynwood Community Economic Development, they need a tract of land to build some housing. Has one been identified Jeff? Are they...? Mr. Jeff Hepburn: Yes, it's a piece of property up in the Wynwood neighborhood that the City currently owns. Commissioner Plummer: Does the City Administration recommend this? Mr. Hepburn: Yes, we recommend it. Vice Mayor Dawkins: Why? Mr. Hepburn: You are basically talking about building affordable housing and basically that's a service needed here in the City. Vice Mayor Dawkins: We own the land, we're into building affordable housing. Why are you recommending giving it to him? Mr. Hepburn: Basically the program that we operate out of our office is _ geared toward single family development. The housing that he's planning is basically multifamily. We think that is the best use. Vice Mayor Dawkins: And because you think that's the best use, your program is so inflexible that you could not adjust to put multiple units there? Commissioner Plummer: I'll move that the Administration sit down and start negotiations for this piece of property for multifamily, but I reserve they right to put a reverter clause that at any time that this is not used for multifamily, that the property, the total property and improvements revert back to the City of Miami. Vice Mayor Dawkins: Second. Commissioner De Yurre: What exactly is going to be built there? Commissioner Plummer: Multifamily units. Commissioner De Yurre: Well, how many, ten? Commissioner Plummer: Eight, isn't it? Eight. Commissioner De Yurre: How big is the land? Mr. Rios: It's... Commissioner Plummer: Fifty by one hundred. i 147 February 7, 1990 NONNI M., Mr. Rios: Yes, fifty by one hundred. Commissioner De Yurre: What? Mr. Rion: It is about fifty by a hundred. Vice Mayor Dawkins: The lot is fifty by a hundred and he's going to be able to get the zoning to put eight units on a fifty by a hundred lot? Mr. Hepburn: I think he has had discussions with the Planning Department. _ Commissioner Plummer: You all approved that last over my dead body at the last meeting. Commissioner De Yurre: No, no, no. Vice Mayor Dawkins: No, no, no. Commissioner De Yurre: How many bedrooms are ve talking ,about? Mr. Rios: We are talking two bedrooms. - Commissioner De Yurre: Each? Mayor Suarez: This is all presumably and conditionally in accordance with our Zoning Code, I'm sure. If it isn't, we'll be hearing about it, I guarantee you. Mr. Rios: Identical structures exist on the east, west, north, of that piece of property. Mayor Suarez: How many stories do you have, do you envision? Mr. Rioe: We're not sure, we're looking to work with an architect at this time to develop. Mayor Suarez: OK, you're far away from having a project that we would approve necessarily as to zoning, but otherwise, it sounds like... Commissioner Plummer: It's only eight. floors. Commissioner De Yurre: OK, now... Mr. Rios: We are looking to acquire the surtax dollars to utilize this lot. Mayor Suarez: Commissioner Plummer is suggesting that you are going to have one unit per floor so you are going to have eight ::loors for the eight units. I hope you come up with something better than that. Vice Mayor Dawkins: I withdraw my second. Commissioner Plummer: must be completed. Mr. Mayor, in my motion is included 12 months, this Vice Mayor Dawkins: What J. L.? Commissioner Plummer: Twelve months or it is null and void. Vice Mayor Dawkins: OK, complete... Commissioner Plummer: No, I don't think you can complete it in 12 months. Mr. Rios: No, you mean... construction, no. Mayor Suarez: Commence construction? Commissioner Plummer: No, no. Mr. Rios: No, no, we have the... Commissioner Plummer: No, they must pull building permits within 12 months. Ll 0 Mr. Rios: Right, we are looking to apply surtax dollars as well to build this. Vice Mayor Dawkins: OK, all right, I will second it if it says that in the event he does not get the surtax dollars, it reverts back to us. Commissioner Plummer: That's fine. -- Mayor Suarez: It's not going to click if you don't have surtax, so... Commissioner Plummer: It's not going to fly, otherwise. _ Commissioner De Yurre: Well, I don't care whether he gets the money to build it, the thing is, that he has to build it and at least get a permit within 12 months. Mayor Suarez: Which would give an indication if he doesn't get surtax dollars and be able to build it, so. Mr. Rios: Right. Mayor Suarez: OK, by when would we know about the surtax dollars? Mr. Rios: I think that's April 15th. _ Commissioner De Yurre: This year? Mr. Rios: In the submission, yes. You have to submit by April... Commissioner De Yurre: When do you have to submit? _ Mr. Rios: An application for funding? Commissioner De Yurre: Do you have to show plans for what you are going to - build? - Mr. Rios: Yes, you have to show plans and you have to... Commissioner Do Yurre: Do you have to have a complete set of plans? Mayor Suarez: You are going to have a tough time meeting the April deadline but... Commissioner De Yurre: OK, so you have... Mr. Rios: We couldn't even start if we don't have the land. Commissioner De Yurre: By April 15th you have to apply. By when do you get an answer? Mr. Rios: I don't know the answer to that. I could be 30 days. Commissioner De Yurre: By June? OK. Commissioner Plummer.: They got to pull the building permit within 12 months or it's null and void. Commissioner De Yurre: Well, no, but I'm thinking let's get at this if they are saying that without the surtax money they can't build anything, then by June we would know if they can build it or not. Mr. Rios: Yes. Commissioner De Yurre: So why go an extra six months for no reason? Commissioner Plummer: What do you want, six months? Commissioner De Yurre: Six months. Commissioner Plummer: Fine. 149 February i, 1990 ok Mayor Suarez: OK, Its so built into the motion, you accept that? If there Is no further discussion, call... ah, you got yourself a high paid lawyer - she hopest Commissioner Plummer: Is that called lobbying? Mr. Rios: I understand that I don't have to have plans, by the 15th, all I have to do is show equity in the land. Mayor Suarez: Why would you even put that into the record. Your lawyer is not helping you. Mr. Rios: Just want to clear the record. Mayor Suarez: All right, we have a motion and a second. Any further discussion? That's just means you will do it quicker then. Call the roil. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-127 A RESOLUTION AUTHORIZING THE CONVEYANCE OF CITY -OWNED PROPERTY LOCATED AT 229 NORTHWEST 30TH STREET IN THE WYNWOOD COMMUNITY DEVELOPMENT TARGET AREA LEGALLY DESCRIBED AS LOT 18, BLOCK 17, WYNWOOD PARK, PLAT BOOK 8 AT PAGE 23 TO THE WYNWOOD COMMUNITY DEVELOPMENT OF AN EIGHT (8) UNIT AFFORDABLE RENTAL HOUSING PROJECT IN THE AFOREMENTIONED NEIGHBORHOODS; WITH TITLE TO REVERT TO THE CITY IN THE EVENT SAID CORPORATION IS UNSUCCESSFUL IN SECURING FINANCING FOR THE PROJECT THROUGH THE DADE COUNTY DOCUMENTARY SURTAX PROGRAM; FURTHER AUTHORIZING THE ADMINISTRATION TO COMMENCE NEGOTIATIONS WITH THE SAID COMMUNITY BASED NOT -FOR - PROFIT CORPORATION FOR DEVELOPING SAID HOUSING; AND REQUIRING SAID CORPORATION TO PRESENT ITS DEVELOPMENT PLANS TO THE CITY PRIOR TO OBTAINING A BUILDING PERMIT WHICH SHALL BE SECURED WITHIN SIX MONTHS OF THE HEREIN AUTHORIZED CONVEYANCE. (Here follows body of resolution, omitted here and on file in the Offict of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor Do Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: You got six months. 150 February 7, 1990 �y ---a------- r.sr r r ra rr- rrs -. r---.-rr--r-r r a rr-. ------ r r--- a-- a r-..-.--r------.r --r a-r.--.r 33. (A) GRANT REQUEST FROM DOWNTOWN BUSINESS ASSOCIATION - AUTHORIZE STREET CLOSURES FOR AN EXHIBITION TENNIS MATCH ON MARCH 13TH BETWEEN GABRIELA SABATINI AND MARY JO FERNANDEZ. _ (B) DIRECT CITY MANAGER TO REQUEST METRO-DADE COUNTY TO COME BEFORE CITY COMMISSION TO DEMONSTRATE HOW THEY ARE ADDRESSING THE HOMELESS PROBLEM - IF NO RESPONSE, CITY WILL BE FORCED TO FILE LAW SUIT. (C) AUTHORIZE CITY MANAGER TO APPLY FOR FEDERAL GRANT ($292,000) - PRIMARILY EARMARKED FOR BETTER WAY AND BECKHAM HALL. -------------------------------------•-----------------------•------------------- Mayor Suarez: Item 28. Commissioner Plummer: Can I inquire something of the City Attorney? My question is, I am fed up with the City of Miami taking the heat for the homeless. Twenty-seven to thirty percent of every dollar that goes into Metropolitan Dade County comes from the City of Miami. Dade County is solely responsible for welfare. Is it within the purview of this City to demand of the County that they provide the welfare, and if they don't, that we sue them to make them provide, or make them give us the money back that they are collecting from our citizens to provide? I just think it is totally unfair that the City of Miami who has no control over welfare dollars is taking the heat unjustly when it is solely the responsibility of Metropolitan Dade County through the Welfare Department and they're not doing it. Now, I ask that in a legal question. Mr. Alex Vilarello: Commissioner, you can instruct our office, the City Attorney's office, to commence a lawsuit against Dade County to force them to spend the dollars in the City of Miami for the homeless, but we need a resolution instructing us to commence the action against it. Commissioner Plummer: Well, but a better way to do it is to try and force them to provide the services that should be provided, or do we want to take on the responsibility, which I don't think is appropriate, that they give us to the money to do it with, since we don't have the money. I guess the Administration would have to advise on that which way to pursue, because we just... as you keep telling me, Mr. Manager, we don't have the dollars. Mr. Odio: The only monies that we have to spend on the homeless have been the McKinney Act funds that we received through the County, and yes, it is their responsibility and I keep reminding them of that when they talk about closing down Beckham Hall and Center. It is entirely their responsibility. Commissioner Plummer: Well, OK, let's go ahead and listen. This before us here is to create a homeless coordinator, OK... Unidentified Speaker: Can we first... I'm sorry, Commissioner. Commissioner Plummer: Is this not 28? Unidentified Speaker: Yes, but can we address that request of the street closure first, so that will move quicker. Commissioner Plummer: Sure. Unidentified Speaker: It is going to be just a minute to explain. The Downtown Business Association is just requesting for the closure of the street between... we originally asked Flagler Street between 2nd and 3rd Avenue for an exhibition tennis match between Gabriela Sabatini and Mary Jo Fernandez. The police agreed, they came, Leslie came, Lipton, everybody... Mayor Suarez: You recommend it, Manager? Problems, modifications? Mr. Odio: The police would like to move it in front of the Court House. Unidentified Speaker: Right, it was recommended to move it in front of the Court House. We want it. 151 February 7, 1990 a Mayor Suarez: The one that we recommend and if it's agreeable to you, I'm ready to entertain a vote on it. That's very simple. Comniaa;oner Plummer: Question. What day of the week? Oniderntified Speaker: Tuesday, March 13th. Commissioner Plummer: And what time of the day? Unidentified Speaker: Lunch time. Commissioner Plummer: And how long will it last? Unidentified Speaker: It's an hour, so we'll have to close the streets before and after. Commissioner Plummer: Who is going to pay the expense of the police? Unidentified Speaker: They are. Commissioner Plummer: They? Who is they? Unidentified Speaker: Lipton. Unidentified Speaker: And Virginia Slims. Mayor Suarez: Not our cost? Commissioner Plummer: At 100... well, there is no profit in this, because you are not charging any admission. Unidentified Speaker: No. Commissioner Plummer: This is strictly a publicity, Unidentified Speaker: Right. Commissioner Plummer: So, if you are not... how is this going to help the homeless? Unidentified Speaker: No, it has nothing to do with the homeless, sir. Mayor Suarez: The NBA project. Unidentified Speaker: Except that the NBA is a separate project, it just... Mayor Suarez: All right we have a motion... do we have a motion on this item? Commissioner Plummer: Wait, wait, wait, I'm sorry, I read the English language. Unidentified Speaker: I'm sorry, it's the second item. Mayor Suarez: Please make the motion. Don't argue about it. Unidentified Speaker: It's two different things. We're just asking to close... Mayor Suarez: Yes, and you confused us totally. You gave us the easy one Unidentified Speaker: It's an attraction, we're going to have all the people from lunchtime come down. See, it's an event in downtown. The merchants have been asking for us instead of to do advertising, to bring investors downtown. — Mayor Suarez: J.L., if it was your idea, you would think it was pretty neat. That's a pretty neat idea to get a couple of... Commissioner Plummer: I'm just asking. - Unidentified Speaker: It's just a tennis match so people can come down from lunch and watch Gabriela Sabatini. and Mary Jo Fernandez and play them if they have a chance. Mayor Suarez: All right. That's a :notion. When he looks like that, that means he's given up, that's a motion. Do we have a second? Commissioner Plummer: Second. Mayor Suarez: Thank you. Commissioner Plummer: Or did I make the motion? - Mayor Suarez: That's the thing, that's the problem. I need a second, somebody. Commissioner Alonso: Second. Mayor Suarez: Call the roll on that. The following resolution was introduced by Commissioner Plummer, who moved - its adoption: RESOLUTION NO. 90-128 A RESOLUTION CONCERNING THE LIPTON/VIRGINIA SLIMS EXHIBITION TENNIS MATCH TO BE CONDUCTED BY THE DOWNTOWN MIAMI BUSINESS ASSOCIATION ON MARCH 13, 1990, - AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO - THROUGH VEHICULAR TRAFFIC; ESTABLISHING A TEMPORARY PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND THE REQUIREMENT THAT THE CITY - _ WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY - SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) - Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller.J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Now, homeless coordinator, is it true that Channel 23 did an editorial on this? Commissioner Plummer: Yes, last night. Mayor Suarez: Channel 23 did an editorial. They discuss this before doing an editorial with you, Mr. Manager? Mr. Odio: No. 153 February 7, 1990 . Mayor Suarez: Just out of curiosity. Any Commissioners? I'd kind of like, if any of the Channel 23 people are still here, to inquire of them at some _ point why they do editorials without even asking us for our opinions on something. Anyhow... ;commissioner Plummer: Well, was it a positive or a negative editorial? Mayor Suarez: I gather it was not too positive to us. Go ahead, Jim. Mr. James McDonald: Mr. Mayor, lady and gentlemen of the Commission, I'm _ James McDonald, I'm an attorney with McDermott Will & Emery. I'm also chairman of the professional council of the Downtown Miami Business Association. We appeared before you a year or so ago, 15 months ago, about the issue of a homeless coordinator for the City of Miami. We are here again to ask you to appoint such a person.. You did a year and a half ago and the City took a leadership roll in this ongoing effort to do something about the homeless problem in downtown Miami and in the rest of the City. That position =_ seemed to lapse. Well, it's the view of... Mr. Odio: Excuse me, sir. We have three people instead of one, working on the homeless. Mr. McDonald: A year ago, when we formed our committee, the homeless — subcommittee of the professional council, we got into this issue and a — coordinator was appointed. From our perspective and the people that are working... _ Mayor Suarez: You mean appointed by the City? Mr. McDonald: Yes. Mayor Suarez: You are talking about Livia Garcia? Mr. McDonald: Livia Garcia, right. Mayor Suarez: Was she ever actually given that title? Or was she just given some duties sounded like she was a homeless coordinator? Mr. Odio: Who are we talking about? Mayor Suarez: Livia Garcia. Mr. Odio: She never functioned fully as a homeless coordinator because... Mayor Suarez: Was she given the title homeless coordinator? Was she given -_ some functions gave... Mr. Odio: She never had the official registered title. Mayor Suarez: Right•, I didn't think she did. I mean, she was given some kinds of duties, along with some other people in Community Development, I presume, under Mr. Frank... Commissioner De Yurre: Yes, but she was presented as such. Mr. Odio: She was, but she... Mayor Suarez: Some people sort of marketed the idea that she was quote, unquote, a homeless coordinator. 1 mean, I had a high opinion of her and of her work in this area. She used to work for me and I encouraged her, but I don't know that we have to... Mr.. McDonald: We are not here to say that Livia Garcia should or should not be a homeless coordinator. We're... Mayor Suarez: But are we here to say that we should or should not have a homeless coordinator... Mr. McDonalds That's what we're here for. Mayor Suarez; ... as opposed to the whole staff of Community Development that is applying for grants and otherwise involved in the effort to do something about the homeless. 154 February 7, 1990 0 0 Mr. Odio: Mr. Mayor, it's more than that. Mayor Suarez: Yens, and the Manager and the Commission and almost everybody in the City. Mr. Odio: No, not only that, these people are invited to visit Beckham Hall, work there 24 hours a day, seven days a week, dealing with the homeless on a day-to-day basis. Mayor Suarez: I've gotten a bunch of letters, for example, Jim, from people, interested citizens, praising very much, and I don't want to be derisive about it, but they're some of a Greater Hiami Chamber of Commerce task force, or something, that calls for all kinds of help for the homeless, and I haven't seen any resources to go with that. I'm happy that they are interested in the problem. We've got people working on it. We are applying for fundo everywhere. We've got a joint facility with the County. It's just the fact that we have a joint anything with the County is per se somewhat miraculous and you know, we have done a variety of things related to the homeless, but I don't know what having a homeless coordinator, per se, adds to... other than tell them how to manage the City, I don't see what... Commissioner De Yurre: Mr. Mayor, let me... Mayor Suarez: ... all the commotion is about. I don't understand. Mr. McDonald: Let me tell you what the commotion... Mayor Suarez: Maybe I'm getting ahead of the game here. Mr. McDonald: OK, let me, with all due respect, for those that have been working in this problem for the last year or so, the fact that there are three individuals out there at Beckham Hall, for many who are working actively in this area, trying to do something about the problem of homeless, that fact that there are three people out there functioning as a City coordinating group was virtually unknown. Mayor Suarez: Wait a minute. They're not really a coordinating group, they are working. Mr. McDonald: Whenever they're... Mr. Odio: They are working with hands on a day-to-day... Mayor Suarez: They are there, they are receiving, they are trying to refer and trying to house homeless. They may not be doing a real good job. A lot of people say that Beckham Hall is not operated the way that homeless experts want it to be operated, I don't know. Mr. McDonald: OK, let me back... instead of getting sidetracked onto what's going on at Beckham Hall, because we are not taking issue about what's being done out there is tremendous. What we are saying, the Downtown Business Association, and the New World Center Action Committee, of the Chamber, which endorses the concept, what we are saying is, that the problem of the homeless in Miami, needs the attention of the City by designating a person that will have the visible recognized position as the coordinator, thAt person to take a leadership roll on behalf of the City to coordinate all of the efforts in the City and hopefully with the County in dealing with the problems. What going on at Beckham Hall is not that. What's going on in various agencies is all fine, but there is no... Mayor Suarez: What would happen, Jim, if you went back to the New World Action Committee of the Chamber and said the City has appointed, the City Commission has agreed to appoint a homeless coordinator, his name is Cesar Odio, he's the City Manager of the City of Miami. He's spends a lot of time doing that. In fact, I spend a lot of time doing that. In fact, all of us up here spend a lot of time doing that. What functions would this person have other than what we already have, groups, the portion of the 3,600 employees of the City that are involved in this? I don't... Mr. McDonald: You have one person whose job it is to work on a daily 24 hour or 8 hour, whatever it is, basis, dealing with this problem that is complex. 155 February 7, 1990 We don't, our group, we don't have the answer to what we are going to do about the problem of homeless in this community, but what we are saying is, what we've got now is, there is a dispersal, a lot of people are working in the area, a lot of people are trying to do some good. What we are saying is, the first step is for the City to have a person designated, visible to all that I and the person that is going to work as the City's point person. Mayor Suarez: He really is the one, he really is. I'm not exaggerating when I say the Manager is. Mr. McDonald: But he has other duties. Mr. Odio: Let me say, Commissioners, there is a person named Kate Hale, I don't know if you are familiar with her. For instance, she is the coordinator for Dade County, which includes the City of Miami, for the homeless and in emergency care of the homeless, Kate, for instance, I just received a letter the day of the cold spells, Kate, personally with me went downtown and we brought in the people to the shelters, including... and we were preparing to open Bobby Maduro at that time... Kate Hale is the person responsible for this coordination and it belongs to them to do that. But in spite of that, we have Luis Carrasquillo, who is higher up in the... he is here. Luis, stand up. Luis works seven days a week with the homeless. Commissioner De Yurre: Him? Mr. Odio: Yes, him. Mayor Suarez: You know, the reason that I am inquiring in this fashion is that now that I remember, I was interviewed by Channel. 23, and one of the questions I was asked is, how come the City Miami doesn't have a homeless coordinator? And I thought, wait a minute now, we are all trying to coordinate the problem of the homeless in the City of Miami. What is the issue of the homeless coordinator? Now, it may be that there should be a person at some level lower than the City Manager who should be a homeless coordinator, but I would be concerned that if that means that we now take somebody who is doing that plus other things, or that we would create a new position, that all you are doing is taking money that might be available to the homeless, for example, and give it to a bureaucrat. I mean, I don't... Mr. McDonald: Well, we're not talking... Mayor Suarez: Well, who said that the way we are handling it is not the ideal way, or who says that maybe it shouldn't be the County... have the agencies in question explored all of those management decisions? Or has somebody just created the issue of a homeless coordinator, kind of like a flag, for lack of any other cause to propose, I mean, I... you are pretty familiar with it, you have been with the DBMA for many years. Commissioner Plummer: What is this person going to coordinate, without funds? We have no funds for that, it is... Mr. McDonald: That's correct. There are Federal monies, there are monies out there that are, we believe, available to... Commissioner Plummer: But why isn't the County doing it? Mr. McDonald: You see, it is broader than that. Wk'iat we are saying is, what we the Downtown Business Association is saying, and the Chamber, the New World Action Committee is saying, that yes, there are people working in this problem area. The Manager says you've got people at Beckham Hall. Everyone on this Commission is interested in doing something about it, and because everyone is interested and everyone is going in different directions, our position is and our feeling is that the reality is that it's not being done, that we know the City... it's not the City's position to fund, the City doesn't have the resources to basically take the lead. Mayor Suarez: Why do you say, Jim, that we are going in different directions, when for once, the County and the City are actually cooperating on a particular project. This is the first time that I remember that we have a joint project. 156 February 7, 1990 Mr. McDonald: It is our considered opinion that the way that this problem needs to be addressed is for the City to start by designating a person that's recognized by this Commission and by the City Administration as the person whose responsibility it is to deal with this issue, to deal with it on a full time basis. As you just said, the Manager doesn't have time, he's got a lot of other responsibilities. Mayor Suarez: Well, but he's the one, by the way, that when it's cold, he's the one that makes the determination. He typically consults with all of us if he can to open Bobby Maduro Stadium. He's the one that tries to figure out ways to find monies and to feed them and to do the family shelters through CCSS that we did recently, and actually, if you think about it, Brother Harry and Reverend Jacobs and everybody else who is involved in the homeless, are homeless coordinators for the City. We work with them. We may not pay them what they want for their facility, but you know, we otherwise work with therm. That's not the way it used to be. You think a particular staff person, at a level somehow lower than the Manager would be a very important step? Mr. McDonald: Yes, because, you see, we don't see any long range planning going on. We see a lot of things happening, ad hoc situations develop, but we know, at least from our understanding, and our talking with people in the community... We're business people, I'm a lawyer, I'm not involved in this thing, I'm not a soci«' worker. But what we do know is that we perceive that there is no direction and things... and that's not to denigrate the Manager and his staff, but we're saying it takes... we want to see a person whose job it is, not only to deal with the day to day crises, but is looking down the road, is saying, "What can we do about this social problem?" We're saying it's not only the City, it's not that it's the City's responsibility. We believe the County is not doing what it should be doing. We believe the State government, we believe Federal government, it certainly has not done anything for the last eight years and appears not to be doing too much, but we are saying, we are coming to you because we are downtown Miami and we've got to start someplace, so if we start here, we are going to go to the County. We want the County to focus on this problem. We feel that there is a lack of direction and by putting someone in charge under the Manager, that this... Mayor Suarez: But how is that reflective of any policy decision or decisions as to resources that we make, that lack of direction? Mr. McDonald: Well, the... Mayor Suarez: By not having a homeless coordinator? Mr. McDonald: Yes. We think by part of the job description of the coordinator would be to be... Mayor Suarez: This just goes around. Mr. McDonald: Well... Mayor Suarez: By the way, you know, as to Channel 23, you just do me a favor, if you would, if you give, at least myself, I think the rest of the Commission might want to also gee it, a copy of the editorial that apparently was put on the air last night. I'd like to see it and if I don't agree with it, which I have a feeling I won't agree with it, I'd like to respond to it. Mr. Odio: Mr. Mayor, what I'd like to do is get him a copy of the comprehensive homeless assistance plan that is now in place, with programs on how it should be dealt with. Mayor Suarez: That's ours or is that joint City -County, or is it County's, or whose is it? Mr. adio: Go ahead, Frank. Mr. Castaneda: That was the plan that was approved by the City Commission in reference to the McKinney Act and it lists all the providers and so forth. Mayor Suarez: By the way, plans particularly are worth the paper they are written on, you know, so I mean that's interesting, maybe if you want long range planning and if you want orientation and direction and all that... 157 February 7, 1990 Mr. Odio: I'll tell you from experience and you can plan all, you want, still we have the homeless out there... Mayor Suarez: What we are dealing with is resources! Mr. Odio: ... with very difficult problems. Mayor Suarez: We are dealing with trying to bring to bear to this problem resources. The City, we'll tell, you right off the bat what we've got available and what we don't have available and we know what the County has and we wonder if they'd make it available and I'll tell you the State has twenty- _ four billion dollars in their budget, the Federal government one point two = seven trillion. Mr. McDonald: What we're saying... Mayor Suarez: Does that suggest where we should be looking? I don't know. Mr. McDonald: What we are saying is, by appointing a coordinator, for lack of a better title, that the City is taking a leadership roll and we recognize that the City doesn't have the resources to deal with it in total, but by taking that... Mayor Suarez: There's Robert Jacobs right there. He's the homeless coordinator for the City, in a sense. Mr. McDonald: Well in a sense, in a sense, and I agree with you, what you just... Mayor Suarez: I get the idea. Yes, well, he doesn't work for us, so we can't order him to do things, but... Mr. Odio: Mr. Mayor, I think we need to tell this. I think... Mayor Suarez: I have no problem, actually baptizing somebody as a homeless coordinator, Mr. Manager, if that's OK with you. Mr. Odio: I baptize me, because let me tell you something, Beckham Hall maybe, what our fault• is for the County and us, is that we haven't publicized what we've done and Commissioner Plummer himself didn't know what we have done. We have handled more than twelve human beings there, OK... of the 1,200, 400 hundred left there for apartments paid for, OK, and 500 were found jobs, so the Beckham Hall experiment is working, which is a comprehensive approach to the homeless. We do not gain anything by the Camillus House, or by feeding them every day in front and food and they keep going. This is a comprehensive approach we're talking about. A coordinator doesn't do this. It takes these people working there on a daily basis, looking for apartments, looking for money to do this. Mr. McDonald: We don't take issue with that, that it takes many people working on many different levels. Mr. Odio: Why don't we do this. Why don't you take your group, as a visit... he's here, he'll be glad to show you the record of what is happening there. Mayor Suarez: Well, the one thing that's interesting. if you want a point person to battle for a raising of the consciousness of this community, County, MR- Stata_ Fadarai anuArnment nn thw nrnh1sbm of thn hnmalaaa 7 mn.mlA U^,. fill out a new form, have to get a new tag, you know what I mean? It doesn't mean anything in itself if a lot of people are already doing this in the City, which they are, and the problem really is that other governments are not doing this. I mean, I... Mr. McDonald: That's precisely why we'd like to see this City take that role, that leadership, so we can go to the County and say, the City has done it, and now we want the County to do it, because we've got... Mayor Suarez: Mr. Manager, how about Luis... I don't know his last name, I'm sorry. Mr. Castaneda: Luis Carrasquillo. Mayor Suarez: Oh, the famous Luis Carrasquillo. Well, the reason that I know — that is that we have another homeless coordinator in the City besides all the ones that I've :mentioned and that's my wife, who has spent a lot of time and she mentioned your name. Mr. Odio: I'll tell you one thing, lie has shown a lot of humanity and I don't know... Mayor Suarez: See, you've accomplished something already. I, for one, didn't know him. Do we have any problem making him a point man on homeless? Mr. Odio: Yes, he's anointed. But, I want him to keep doing what he is doing now, though. Mayor Suarez: Just don't want to give you the impression that this means that all of a sudden there are resources that weren't there before. Mr. Odio: I don't want to remove him from what he is doing now, which is the direct delivery of services to the homeless, and that's where he is needed the most. Vice Mayor Dawkins: And he gets his orders, marching orders and direction from you. Mr. Odio: That's right. Vice Mayor Dawkins: Not from the DDA and nobody, it came from you. Mr. Odio: Nope. Commissioner Plummer: OK, that's fine. Now, Mr. Mayor, let's try to address the problem and the problem is in my estimation and somebody tell me if I wrong, is the County is not doing what they are supposed to do. They are in charge of welfare, which this is totally welfare. -Now, how do we go about getting the County to shoulder their responsibility, Mr. Manager? Mr. Odio: Look, I have to agree with you 100 percent that it has to happen that way. Commissioner Plummer: Well, how do we go about it? I don't want to sit... you know, I don't want to read the headlines that we're forcing the County, we are going to sue them. Mr. Odio: Fine, but they are suing us for the historic preservation. Commissioner Plummer: So are you then... would you recommend that we sue them? Mr. Odio: If that's what it takes to call their attention, yes. Commissioner Plummer: Then I'll offer such a motion. Mayor Suarez: The State Attorney once brought a civil action against the County officials on the issue of public housing. Commissioner Plummer: I'll offer a motion that says that we request of the County to come in and actually demonstrate that thoy are addressing the problem of the homeless and if they do not do it within 60 days, then they :7 159 February 7,9Q j will force the City to file a lawattit to mandate them to do it, which they are not doing. And if that's what it takes to get them to shake those dollars loose, then let's do itt I'll so move, Mr. Mayor. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Commissioner Alonso: And I'd like... Commissioner Plummer: And I don't want to do it that way, but I don't know how else to do it. Commissioner Alonso: Yes, actually, the County is not addressing the problem and the reason is that most of the problem is within the limits of the City of Miami. We're having the problem, as we see it in downtown Miami, as we see the problem of Camillus House, we are going to have it in the entire City of Miami, as we have seen, they are moving to different spots through the City, therefore, it is going to affect all the neighborhoods. It is going to affect the different areas and we are going to have the problem of the homeless all through the City of Miami. Therefore I think it is a good opportunity to send a message to Dade County telling them this is the time to take a strong step. I want you to remember that Seattle, Washington got $10,000,000 and they have a similar situation to the City of Miami. Why did they get $10,000,000 from the Federal government and we can't? We have to address this issue, this is a serious problem that goes beyond naming a coordinator. It is a serious problem that is affecting the merchants, that is affecting the quality of life, that we have a mental health problem with these people. We have seen them going from being very calm to getting to be aggressive. We have seen the problem increase to having women homeless, families living in cars, the problem is growing in the City of Miami and if we do not address this problem now and face, we will face the consequences later on, so this might be a good point to tell the County, respond to the City of Miami. It's about time. Mayor Suarez: Mr. City Attorney, while you prepare that possible litigation, would you... I have a feeling that the basic defense is that that's a political question and political questions. On Monday I will be attending the first meeting on Legal Services Corporation and I suspect they have tried cases of this sort in other parts of the country and would you connect up with them, and get all the research that they must have done on this issue? Maybe you can't sue another municipality for failure to address a problem that is clearly within their jurisdiction. I'm not sure that we can, but we certainly, try. Anything else? Commissioner De Yurre: Yes. Mayor Suarez: And of course, McDermott Will & Emery will help too. Commissioner De Yurre: Commissioner Alonso expressed the fact that Seattle got $10,000,000 and we didn't, and you know, that was part of her exposition. Why don't we get any of that money? What kind of money was that? Commissioner Alonso: They requested and obtained a grant to help with the homeless. Commissioner De Yurre: Well, what kind of money is that? Mayor Suarez: Well, it's OK, I take back my question. It sounds too complicated. Why are they getting $10,000,000 and I think our total McKinney Act funds last year were a little bit over $200,000? Mr. Odio: The hicKinney Act is limited, and, the County for instance, we now... and want I to ask you to authorize us to go ahead. Mayor Suarez: But he is inquiring as to Seattle and he was trying... maybe I shouldn't have cut him off.. I mean, why, did they really get $10,0000000 worth of :conies for the homeless? Commissioner Alonso: Yes, they did. Commissioner Plummer: Well, I think it's the sane reasons that the City of Washington, or Washington, D. C. got $100,000,000 to fight the drug war and we got nothing. They want to clean up their backyard and push it south. It's the same damn thing and only the wheel that squeaks gets the grease and we've just not been squeaking. Mayor Suarez: No, that's not exactly the same. Washington, D.C. has a unique situation. They have all the government buildings which are tax exempt and the U.S. Congress has a commitment to compensate for that. Commissioner Plummer: I don't agree with you, Mr. Mayor. Mayor Suarez: It's not a matter of agreeing or disagreeing. Commissioner Plummer: Washington, D.C. ... Mayor Suarez: It's a matter of their budget. I'll show you their budget figures. Commissioner Plummer: The reason they addressed $100,000,000 to Washington, D. C. is because they had 27 homicides in lb days. They need it, but so do we. Commissioner De Yurre: Let me find out, Frank, where are we at right now as far as City of Miami in. obtaining funds from Washington? Mr. Odio: Because we have... I would like to have you to authorize us to apply for a grant of $292,000 that we have been notified that the monies are there. Commissioner De Yurre: Well, that's already coming. Doesn't that come up... Mr. Odio: No, you need to approve this today, if you so choose. Commissioner De Yurre: OK, but doesn't that come every year? We get the money down every year? Mr. Odio: Last year we got $200,000. Mr. Castaneda: $285,000. Mr. Odio: $286,000 last year. - Commissioner De Yurre: So that comes every year? Mr. Odio: That's the McKinney Act monies for homeless. Commissioner De Yurre: OK, but that comes every year. i. AN Mr. Odio: Right. I think what Seattle did was get money from housing, which you get rent for and use it for that. - -M Commissioner De Yurre: OK, now aside from that two hundred and :some -odd thousand dollars, what else are we in line to get that we've applied for? Mr. Castaneda: We're in the process of applying with the City, by the City - and the County for other grants and Dan Fernandez... SHE 161 February 7, 1990 s� Comissioner De Yurre: Well, can I hear you? Mr. Castaneda: Yes, Dan Fernandez will... Mr. Dan Fernandez: The City and the County at this point are negotiating, or we are discussing exactly where we want to go as far as other McKinney monies are better available. There's some housing money that's out there. Right now _— this... Mayor Suarez: What is the total funding for McKinney Act as you understand it, nationally? Mr. Dan Fernandez: It depends on the different areas. In the traditional housing we are talking about, there is $10,000,000 out there. There is $10,000,000 on a nationwide basis, that means that's competitive, for you know, for all cities throughout the country. Mayor Suarez: The Secretary of Housing and Urban Development, for whatever this particular statement is worth, stated to me that there would be about over a billion dollars requested from money related to the homeless in the U. S. Congress in the current fiscal year, but you are talking about figures that are remote from that figure, that worries me. Commissioner De Yurre: By when do we have to apply? Mr. Dan Fernandez: There are different deadlines for different programs. The first application that we have is in the end of February, which is the _- application the Manager is talking about, February, 26th. There are other applications that are due mid March and there's other applications in April and that's why we are trying to get together with the County now in =_ conjunction with the coalition for the homeless also, to see exactly how the City and the County want to proceed with the application for whatever money is = out there. Commissioner Alonso: As far as the SRO's are concerned, who in the City is — bringing in the different programs? Mr. Dan Fernandez: That would be from our Housing Conservation Agency. Commissioner De Yurre: OR, who's in charge of that? Me. Diane Kraska: We've waiting for notification now in the Federal Register _ from U.S. HUD for the SRO housing for the homeless. We're told hopefully that they will be announcing it by the end of February. Then we would need to _ submit an application from developers that are interested. rt;; Commissioner De Yurre: Do you have a list of developers? Ms. Kraska: We have a mailing list right now which only has a hand full of names on it, developers that have contacted us that have expressed interest in it. Commissioner De Yurre: By when would you have to file an application? Ms. Kraska: That I announcement comes out. Commissioner De Yurre: an application? Ms. Kraska: I would 91 February would probably Commissioner De Yurre: everybody lined up alre trying to contact these don't know, because that will be listed when the Usually it's a pretty short turnaround time. Well, when do you expect more or less to have to file :y probably, if the announcement comes out, the and of get about 30 days to put the application together. Doesn't it behoove us to make sure that we've got ady, as opposed to just having a mailing list and then individuals? Ms. Kraska; Yes, and also we are required to put any ad in the newspaper. Commissioner De Yurre: I know, but if you know it is going to happen in 30 45 days, should we have the developers that want to develop already with the property that they want to develop, everything screened and ready to go? 162 February 7, 199Q Y Me. Kraska: There's only so much we can do with that, because we don't know what the specific requirements are that HUD is going to look for until the notice actually comes out. Commissioner De Yurre: But it is usually more or less uniform isn't it? Ms. Kraska: The experience of the last two years, it pretty much has been. Commissioner De Yurre: Oh, they have been? Ms. Kraska: They have been. Commissioner De Yurre: They have been. How many applications did we put in last year? Ms. Kraska: Last year there was only one funding cycle. We submitted an application, we were not funded. Commissioner De Yurre: One application? Ms. Kraska: Yes. Commissioner De Yurre: Why just one application? Ms. Kraska: It was a very short turnaround time, I think the Commission is somewhat aware of this, because it was approved by the Ccmmission. This is back last spring about a year ago and there was a very short turnaround time. Commissioner De Yurre: Well, the bottom line is, we got caught with our pants down because nobody did their job about getting the people and the developers out there ready to go and it seems that we are headed in the same direction again. You do not have the manpower to go out there and hustle these developers in a short term situation, and here we are sitting down... Mayor Suarez: Some of them are constantly requesting our aid in applying for homeless monies, and one that comes to mind that we jointly applied is the Urban League of Greater Miami. So it isn't like the ones that she's referring to is not the only application that we had filed or at least jointly filed or cosponsored or... Commissioner De Yurre: Well, the sense that I get and I think it lends some credibility to the concept that is being proposed here, it seem like all of a sudden Urban League is doing something that you may not know anything about or I didn't know about and you may be doing something that he doesn't know about and the other department doesn't know about and there has to be some cohesiveness somewhere to where somebody should be overlooking all these different things. Mr. Odio: Well really, Mr. Bailey is in charge of all the departments. He is the Assistant City Manager and director of that department, so he's very much... and he's also in charge of Community Development, so all the departments that are dealing with this issue are under one umbrella, so they should be aware of what's happening. Commissioner De Yurre: So then the man to blame or to congratulate is Herb Bailey. Mr. Odio: Yes. No. Commissioner De Yurre: Yes or no? Mr. Odio: Because he has applied and we don't get the money; that is not his fault. He is responsible, yes. Commissioner De Yurra: No, no, but I am saying, but my concern is that we do the job, whether we get it or not, is not within our control, but at least that we do all we can to get the most out of. it. Mr. Odio: Let me... and I was just warned that SRO's are more complex than just getting the monies, it is where you put them and... 163 Fobrusry Y, 1990 Commissioner De Yurre: That's why we just can't wait until the last minute to -- start looking for them. Mr. Odio: We might get the money and you might choose not to do it, so... Commissioner De Yurre: But why, because all of a sudden... Mr. Odic: But there is only one... what I am saying, it is all under one umbrella under Herb Bailey. Commissioner De Yurre: I know Cesar, but my point is that if we don't know, and if we have a problem with location of these apartments, then I think, you know, we have to find these things and have them ready to go way before so we can screen them and see what's doable or not. Mr. Odio: It'si well taken and I'm sure... Mayor Suarez: Yen, developers should certainly be identified and we should have them ready. Actually quite a few of them are knocking at our doors to... Commissioner De Yurre: OK, so then our new homeless coordinator is Herb Bailey? Mr. Odio: I am. Commissioner De Yurre: You are? Mr. Odio: With Luis Carrasquillo as my assistant. — Commissioner De Yurre: You see, OK. Mayor Suarez: Anything further? Mr. McDonald: Yes, two ladies like to say something. Commissioner Plummer: I think I have a motion on the floor, I believe. Mayor Suarez: Yea, go ahead and make your motion, Commissioner Plummer. You - want to wake a motion? Commissioner Plummer: I made a motion. Mayor Suarez: What was that? Me. Hirai: That we request the County to come forth and fulfill their obligation. '— Mayor Suarez: OK. - Ms. Hirai: And if they don't, then... - Commissioner Plummer: Within the 60 day time frame and if they don't, then leave us no alternative, but to sue, to try to force their compliance. +- Mayor Suarez: Call the roll on that motion. Me. Hirai: I have a second. The following motion was introduced by Commissioner Plummer, who moved its adoption: `- MOTION NO. 90-129- A MOTION REQUESTING METROPOLITAN DADE COUNTY TO COME BEFORE THE CITY COMMISSION AND DEMONSTRATE THAT THEY ARE ADDRESSING THE PROBLEM OF THE HOMELESS; FURTHER_ STATING THAT IF WITHIN 60 DAYS, THE COUNTY HAS NOT ADEQUATELY DEMONSTRATED THAT THEY ARE ADDRESSING SAID l,r ISSUE, THE CITY OF MIAMI WILL BE FORCED TO INSTITUTE A LAWSUIT TO FORCE THE COUNTY TO FACE AND ASSUME ITS RESPONSIBILITY. 164 February i, 1990 r dy 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 Mice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES. None. ABSENT: None. Mayor Suarez: Yes, Ma'am, and the we are going to finish up with her statement unless anyone else wants to make a quick statement, yes. Mr. Odio: I need a motion that you authorize me to apply for $292,000. Mayor Suarez: I don't know why you would need that motion, but... Mr. Odio: I'll tell you why, because we have to... Mayor Suarez: ... you want a motion, we'll give you a motion. Mr. Odio: No, we have to... Mayor Suarez: It's been moved, do we have a second? Mr. Odio: Excuse me, you have to spell out what the money is going to be used for and... Mayor Suarez: Your discretion. If you get the money, tell us about it. We always have to approve... Mr. Plummer: I don't even know what he's talking about. Mr. Odio: OK. Mayor Suarez: I thought that you didn't need a motion for that, but... Mr. Odio: Yes, we do because we get it from McKinney Act, Federal monies, $292,000 of which $50,000 we are proposing that would go a Better Way and the balance to operate Beckham Hall. Mayor Suarez: I think the gentleman's name, or the lady's name was McKinney, but for whatever it's worth, we have a motion and a second. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-130 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD) FOR THE 1990 EMERGENCY SHELTER GRANT IN THE AMOUNT OF $292,000, OF WHICH $50,000 OF SAID APPLICATION WILL FUND THE OPERATION OF THE BETTER WAY, INC RESIDENTIAL SHELTER FOR RECOVERING SUBSTANCE ABUSERS AND THE REMAINING $242,000 WILL BE USED FOR THE OPERATION OF THE BECKHAM HALL SHELTER FOR THE HOMELESS; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT FROM USHUD UPON APPROVAL OF THE APPLICATION AND AUTHORIZING THE CITY MANAGER TO ENTER INTO THE NECESSARY IMPLEMENTING AGREEMENT WITH USHUD FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND ALSO ENTERING INTO AGREEMENT WITH BETTERWAY, INC., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 165 February 7, 1990, Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins — Mayor Xavier L. Suarez NOES: None. ABSENT., None. _ Mayor Suarez: Yes, Ma'am. Ms. Chris Alger: My name is Chris Alger and I'm a resident of the City. With all due respect to the motion you all just passed, I just want you to think back a month ago to December 23rd and that was the night that the cold front was moving in rather rapidly and I know that everybody was real busy with the holidays... Mayor Suarez: No, do you know what we did about that? Mr. Odio: No, no... Ms. Alger: Let me f inish, OK, because I made over 40 phone calls that day trying to find the person... Mayor Suarez: We were busy with the holidays, but we also made sure that we opened up a facility with the cold front. Mr. Odio: Mr. Mayor, we had no holidays. Mayor Suarez: Go ahead. I mean, you were going in a direction to make it sound like we are all just sitting around enjoying the holidays not doing —_ anything. Maybe other jurisdictions were, but we weren't. Ms. Alger: I'm not trying to say that, but what I am trying to say is that it was on a weekend and that because there isn't a person whose name is known in _ the community that isn't in, you know, working on the problem as Livia used to, nobody knew who to call and maybe you all knew who you were and what you —_ were doing, but the Red Cross... - Mayor Suarez: He initiated it himself, the Manager himself initiated it. _ Ms. Alger: If you'll just let me finish for just a second. I know the calls that I made to the Red Cross constantly during the day and I don't know how - many time I was told that they had to wait, because they were waiting to see if the City was going to open the stadium and as the evening approached, I still kept even calling the homeless hotline and they kept saying. "Well, we still haven't been told if any emergency shelter that's going to be open, because nobody..." Mayor Suarez: Rut Livia's number at home, don't you? Ms. Alger: No, I don't. I was told Livia was no longer working on the problem through the City. Mayor Suarez: Well, but Livia works for the City, she works in Community Development. She's very interested in this. She has my home number, and I guarantee that Livia, if she doesn't have my home number, she'll go to my house and then I will get a hold of the appropriate City person and make sure this gets done. I mean, I don't... Commissioner Plummer: Did you call the County? Ma, Alger: I went to Beckham Hall and spoke to them in person at Beckham hall and they even made many phone calls because the information that was put out on the TV and to the homeless hotline was that Miami Stadium was opening as an F_ emergency shelter. We spent the evening telling people in the streets, we fed ': many, many people in the streets that night, tried to pasa out blankets to as 0 many people as possible and the Police Department was also working trying to transport people as the shelters were finally opening, the emergency Red Cross shelters, there is a lot of misinformation going out through... the cold front lasted for two nights that it was being cold enough to open emergency shelters. In the meantime, while we are talking about the SRO's and the money that's available down the road, the McKinney Act and everything else, there are people living in the streets... Mayor Suarez: But you raised a scenario where it happens that the City moved without your phone call, without Livia Garcia, God love her, she's magnificent in this area, directly through the Manager. He had the idea, he had the initiative, I know he called me, I don't know if he called the rest of the Commissioners. Vice Mayor Dawkins: I was getting ready to say to her, somewhere... Mayor Suarez: See, so the phone call wasn't needed in that particular case. Ms. Alger: There were no lines being answered at City Hall on the weekend. Vice Mayor Dawkins: Somewhere there was a breakdown in communications. Ms. Alger: Yes sir... Vice Mayor Dawkins: Yes, Ma'am. Ms. Alger: ... that is the main point I'm trying to make here. Vice Mayor Dawkins: That's what you are addressing, yes, Ma'am. The Manager called each of us by noon. Mr. Odio: By noon, yes. Vice Mayor Dawkins: By noon, and said he was opening the stadium, at noon. So now... Ms. Alger: Which it was never opened. Vice Mayor Dawkins: Yes Ma'am, by noon. So he said he's going to open and we said fine, so now, so from noon on, everybody knew the stadium was going to be opened, but somewhere like you said, either we didn't convey it to the media or we did not convey it to those individuals who the people called on the hot line or what have you, so it was a breakdown in communications. Ms. Alger: And the stadium never opened. Mr. Odio: Commissioner, maybe I should explain this. Mayor Suarez: The stadium never opened? Ms. Alger: No, sir. Mr. Odio: Wait, let me explain. At noontime I gave the order, prepare the stadium for opening after I talked... at 1:00 o'clock I received a call from Kate Hale, who is the emergency coordinator for. the County that they would put the stadium on standby because they had all the other shelters prepared to open on time, so please keep the stadium as a standby. About 10:00 o'clock that night, on the 23rd, Beckham Hall opened another wing to bring in the additional people that they normally wouldn't take in and we were told at midnight that there was no need to open the stadium, because everybody had been picked up. But the stadium wan open and we had staff people waiting there to take them in. Vlce Mayor Dawkins: But that's what she is saying, there was a breakdown in communications. See, nobody told her that we were told not to open the stadium. Had they told her that, you would have never tried to call the City, would you, Madam? Ms. Alger: Right and I would not have made as many calls to the Red Cross to their community person that was downtown in the office building downtown, nor to the homeless hotline. There were people making phone calls throughout the day trying to get this information. 167 February 7, 1990 Mr. Odio: Let me tell you, Ma'am... Mayor Suarez: Wait a minute, but more important than the phone calls, did you go out and identify some homeless people that were looking for shelter and try to find them shelter? Ms. Algers Yes, sir. Mayor Suarez: Because... Ms. Alger: I spent the whole evening. Mayor Suarez: ... you know, the first thing you do is you call Jacobs at Miami Rescue Mission, then you call Camillus House, then you call Beckham Hall, and then you wake up the Manager, and I'm ready to give you his home number, because it sounds like we need some home numbers to be passed out. Commissioner Plummer: How about Kate Hale? Mayor Suarez: Kate Hale. And by the way, Mr. Manager, there is one thing out of all this that she's mentioned that is interesting. I don't know that other than the emergency numbers, or the fire and police and so on, that we have a City phone that people can call with crises of this sort and I know that City Hall itself doesn't have a line available, Ma'am, because people call me on weekends, they can't reach anybody and I don't have enough staff to have... Vice Mayor Dawkins: If we got it can be set up. Mayor Suarez: I have a feeling that if nothing else comes out of this, we ought to have the hotline to City Hall that you can make all these suggestions and people can inform you of what's being done or not done. Ms. Delores Dunn: Mr. Mayor and Commissioners, my name is Delores Dunn, I am director of Miami Women and Children's Shelter. I wish... Mayor Suarez: Run by...? Ms. Dunn: Run by Miami Rescue Mission. I wish to speak in favor of the resolution for a homeless coordinator. Mayor Suarez: What's your phone number? I don't mean home, just work. Ms. Dunn: 573-0999. Mayor Suarez: OK, do you have any beds available right now? Ms. Dunn: We don't right now. Very rarely do we have a bed for two days. Mayor Suarez: How about the regular shelter? That's 270 beds, right? Unidentified Speaker: We had 600 and every one of those Mayor Suarez: So you went 330 over capacity. We... the Fire Department didn't hear that. All right, go ahead. Ms. Dunn: The women's shelter in particular is about to deplete its funding as of April 30, 1990 and we will not be able to continue this program. The vast majority of the McKinney Act funding that is available to assist us must be accessed by local government. We would welcome, I would welcome being able to call a coordinator, one person to find out, will the City be doing this, will you be looking... Commissioner Plummer: Call Kate Hale. Mayor Suarez: Well no, from the City though, but you can call the Manager at 579-6040, Luis Carrsquillo, 634-2294, and by the way, his last name is complicated, just call him Luis C. Commissioner Plummer: have you applied to the County for local funding? Ms. Dunn: We are not aware that the County is accessing these funds. 168 February 7, 1990 (BRIEF ELECTRICAL PROBLEM, SOUND INTERRUPTION) Mr. Plummer: Hell000, Dollyl Mayor Suarez: That's what happens when you mention the County too many times around here. We have 579-6010 and let me just give you one name, that's my office and we do apply with agencies as Dr. Jacobs and other know. I would recommend in my office Alvin Peabody, but there is many, many others. Any one of us are so familiar with the whole issue of a applying for homeless funds. Ms. Dunn: And you are familiar that theme are dollars and you are accessing them at this point? And we can call you up and say are you going to get SSG funds? Mayor Suarez: Well, I guess our grading card in not the best in the world, but it's a lot better than it was two years ago when we wouldn't take $41,000 in the first McKinney Act funds that came down. Commissioner Plummer: No, we took them and gave them to the County. Mayor Suarez: We tried to give them to the County and they told us that was illegal. Ms. Dunn: Well, one last thing is... Mr. Odio: In benefit of the County, Mr. Mayor... sorry, let me... the McKinney Act, they are going to receive three sixty-six and we are receiving two ninety two and... Mayor Suarez: It's still peanuts compared to the size of the problem. Ms. Dunn: It is peanuts compared to the size of the problem and I have a page with about a dozen different McKinney Act... Mayor Suarez: Categories. Ms. Dunn: Categories and many of those, at least half of those, we would qualify to get, but we must get them through you, we cannot get them directly. Mayor Suarez: Yes, and we can sign all the letter you need. We can cooperate with you. We go and meet with the director of department in question in Washington. Commissioner Plummer: I would like somebody to find out for me what the total budget for Dade County welfare is. I've got to believe it's millions of dollars, of which every dollar they collect for that comes form the City 27 percents Now, why aren't they addressing the problem in the City? Ms. Dunn: Mr. Mayor, if I might have one additional word. It is that since my shelter and of that vast majority of the homeless are physically located within the City of Miami, I look to you first. Certainly I look for support and we have received McKinney Act support through Dade County and that is which what we are operating now, with some from you also. Commissioner Plummer: But you can also get money from them, or should be able under Dade County welfare. I am not familiar with I will certain research it. Obviously the County isn't either, because they are not spending Mayor Suarez: If there is anything further that any of us need to do in our respective offices, I guarantee you, call 579-6010, any of the names that I gave you, or my own, because we will do whatever it takes. Jim. Mr. McDonald: Mr. Mayor, yes, thank you. I just want conclude, since I started this discussion. I want to make it clear that the Downtown Business Association in no way criticizes the Administration and what they are doing. We think the City's efforts are adequate. What we think is the City an do February 7, more and that's why we came to you on this resolution. We came a year ago, we'll be back, because as downtown business people, we see it as a problem. It's not going away and we know that other governmental agencies and private concerns are interested, but we feel the City can do more and we think the way to do it is by having that focal person to be that coordinator and we're pleased that the Manager is taking that role and we're going to be... Mayor Suarez: Well, we're going to clarify one last point before you leave having to do with Livia Garcia. I have occasionally, Mr. Manager referred that came in, just as I do in the normal course of events related to the homeless to Livia Garcia and I've been told that creates a problem because she's really not supposed to be involved in that. Is that true? Mr. Odio: True. Mayor Suarez: Why would Livia Garcia... what is her job description now, her title? Mr. Castaneda: A community involvement assistant and she works for the citizen's response section under Pablo Perez Cisneros. Mayor Suarez: Why wouldn't she be able to help with you know, some matter that I might refer somebody like, let's say Jim McDonald called and wants to know what we've done in a particular case and I... Mr. Odio: Because she would be disbursing the responsibility then. Mr. Castaneda: The responsibility for the homeless issue are in the Social Service Division, which is headed by Francena Brooks. Dan Fernandez is the assistant and Luis Carrasquillo works for that division. So she will be giving you partial information and what I am trying to avoid, to make sure that the information that you are getting is the best information. ® Mayor Suarez: Well, now, let me ask one other question. In her spare time she certainly can work on the homeless if she wants, right? It really wasn't directed at you, it was directed at the Manager. Anyhow, somebody tell Livia Garcia in her spare time she can do whatever she wants, whether the Manager likes it or doesn't like, whether I like it or don't like it, and that she's welcome to be involved in the issue of the homeless and help us in the efforts that we from City Hall to obtain McKinney Act funds or any other SRO funds or housing funds whatsoever. And there I'm not asking a question, I'm just making a statement. Anybody else, finally? Dr. Jacobs. Mr. McDonald: Thank you very much. Dr. Frank Jacobs: I'd just like to say just one word of,.. Mayor Suarez: How many beds do you have open right now? Don't tell me about December 29rd. Dr. Jacobs: Zero. Mayor Suarez: You have 270 occupied? Dr. Jacobs: Yes, everything we can get is occupied every night, bad weather, good weather. Mayor Suarez: Sometimes I check with you and they are not all occupied, because we call over there. Maybe you make room £or the ones that we requested. Dr. Jacobs: A word of encouragement to the City. I concur that we're not criticizing... pardon? OK, I'm Frank Jacobs, executive director of Miami Rescue Mission. I've been on the homeless scene since 1966 here in Miami and I've seen us go from carting homeless to the County lines, to talking about building fences and putting them on a battleship out in the bay, to the point that we are today. We've made a lot of progress. We've come a long way in the City of Miami with our attitudes about the homeless and who they are and what their problems are and what we're doing. My encouragement is, let's don't stop now. We are on the roll, let's go for everything, because we have an epidemic and I don't want to see Beckham Hall stop doing what they're doing, because those 90 or 100 will be over on our doorstep then and we'd just 170 February 7, 1990 am milli I I have to turn them away. We don't need to back up, we need to go forward and the City of Miami can help us do that by encouragement and there are funds available. There's FEMA (Federal Emergency Management Assistance) funds, that's supplemental funds, but the City and the... Mayor Suarers We've not been able to get FEMA funds even for the incredible influx of refugees that we've got and even though those seem to be exactly within that category. I don't know why it is so difficult to pry funds away from FEMA. Dr. Jacobs: Let's just go forward in the 9019, OK? Mr. Odio: It was from what I was told... when Senator Pepper, when we went to Washington to obtain the trailers that he finally got for us to create a camp like Beckham out in the County so we could bring in the homeless and treat them and then put them out to work or find apartments for them, we actually, the only things we could get were the trailers themselves and we received 60 of them to start with. We finally had to give them up, but FEMA monies are not available for the homeless. We were told no, Senator Pepper was told no, and it is only for emergency and we had Nicaraguans here, coming in and we could not obtain one dollar. Mayor Suarers It is frustrating, but we appreciate your efforts and... Commissioner Plummer: Is there any way, Mr. Manager, that you know, one of the problems, is there any funds available to put these people to work? Mr. Odio: Commissioner, you are asking me to answer something that is yes or no, and I will tell you this... Commissioner Plummer: No, I'm saying for example, are their funds available, if we wanted to hire 100 homeless tomorrow to work to clean up this City and do nothing but clean up this City, are there funds available to put them to work? Mr. Odio: No, but the prob... Commissioner Plummer: Then you are not, you know, you are not really accomplishing a damn things Mr. Odio: No, no, but let, let me explain, The problem of the homeless is more complicated than just putting them to work, Commissioner. If you don't treat their problem, and it could be alcoholic problem, it could be a drug problem, it could be a psychological problem that are very serious. You don't gain anything by just placing them in a job, because then they will be right back out the next day. We need to... Commissioner Plummer: Mr. Manager, give a man a fish, and he eats today. Mr. Odio: I'm sorry, I... Commissioner Plummer: Teach him how to fish and he eats for a lifetime. Mr. Odio: I would agree with you under normal circumstances, but the problem of the homeless is more complex than that. Mayor Suarez: We agree on the proverb, that doesn't solve the entire: problem, but... last statement, sir. Mr. Bruce Sneder: My name is Bruce Sneder. I'm an assistant director at the Miami City Mission. Everything that's just preceded is exactly what we're trying to achieve. We've initiated several years ago, the scholarship program where we currently now have ten full time students attending Dade vocational schools. This is what they need in order to get into the system and become part of it. It's easy to give a man a job for a day cleaning the City, but when the job is done, he's back in the same situation. We want to get these people the education and the certification they need to get a real job, to become responsible. When the Rescue Mission wasn't open, we were on the street, we were feeding 500 people a day. When the Rescue Mission came about and there was enough food being distributed, we looked at the problem and we saw that we have to dip into this statistic because it's growing. You put up an arena, you are putting up apartment buildings. We're an ongoing mission 171 Fobruary 7, 1990 E 11 T_ that receives no funding from anybody, we're private entire building to give hopefully... We're renovating our Mayor Suarez: Do you have an impediment to seeking Federal funds? Mr. Sneder: We need some funds... Mayor Suarez: By your own charter or your own bylaws or your own purpose? Mr. Sneder: At this time we are opening ourselves up to receive grants. Mayor Suarez: Because some people don't take Federal funds by definition. Mr. Sneder: We hadn't, but what we can do is instead of taking on ten students... Mayor Suarez: Have you in the past not... Mr. Sneder: No, we have not. Mayor Suarez: That's the thing, see, I want to clarify that. A lot of organizations, because of their bylaws and their provisions, will not apply for State or Federal funds, and that's one example right there, Miami City Mission. But now you are. Mr. Sneder: However at this point, we're capable of taking on another 30 full time students if we had the funds to support that and it's minimum, because the structure exists. We have a school going on five nights a week in conjunction with Dade County. Mayor Suarez: What's your principal location? Mr. Sneder: We are at 1112 North Hialeah Avenue. We're there and we're functioning and we need some funds. Mayor Suarez: Another facility. It close to Linsley -Hopkins here. Mr. Sneder: Roger. Mayor Suarez: Thank you. All right, thanks for all your presentations. I hope that Channel 23 will realize that you've managed to... I don't know what you've managed to do. I have to see the editorial before, but I mean we've worked awfully hard here with every resource that we have and then some that we've made up and a few that we've invented and perhaps you should be addressing your editorials to other governments, I don't know. Sir. Which item are you on? Mr. Charles Hobe: Yes, my name is Charles... Mayor Suarez: Which item are you on? Mr. Hobe: The one being currently discussed, the homeless situation here. Mayor Suarez: The one that was being discussed? Mr. Hobe: Have you closed that? Mayor Suarez: Well, do you want to say who you are at least, and what your interest is in the topic? Mr. Hope: Well, my name is Charles Hobe, I'm also an assistant director at the Miami City Mission. Mayor Suarez: All right. Mr. Hobe: We are currently attempting a renovation, not only within our own building, but within the people that are on the street and as we see it, as has been said before, we need some funding to finish our renovation, but not only that, but to extend the educational programs available in this City to more of the homeless people that are on the street and... k 172 yebruary 7, 1990 7 i Mayor Suarez: Would you be able to have one of your representatives come by my office tomorrow morning? I've worked with Miami Rescue Mission, I have not worked with you on funding and in their came, they raised about $1,500,000 for their facility, so we'd like to help you too. Mr. Hobe: Right. OK, thank you. Mayor Suarez: Did you want to say anything, your name, Ma'am, and your institution, if any? Me. Shirley Rorge: Yea, my name is Shirley Rorge and I'm a homeless parent and I agree with this man. We don't have time just to sit around and get an education. We need jobs, we have children that we have to care of and we need to get a place to stay. We're only allowed to stay in shelters for a certain period of time, but what are we supposed to do, sit around and wait until we get an education in order to get a job? We need jobs today. We need jobs now in order to be able to pay for these apartments. Thank you. Mayor Suarez: I'm a strong believer in full employment program at the national level. I wonder sometimes why they haven't gotten around to doing it. Maybe I shouldn't wonder. NOTE FOR THE RECORD: AGENDA ITEM 30 WAS WITHDRAWN. 34. DISCUSSION WITH DR. WILLIAM PERRY REGARDING VARIOUS ISSUES CONCERNING THE FIRE DEPARTME?'T . Mayor Suarez: Item 31. Bill Perry. Dr. Daniels, did you want to say anything on item 30? Dr. Hattie Daniels: Simply, Mayor, that the Manager has decided with the Administration to discuss this item prior to coming before you. Mayor Suarez: Bill Perry. Mr. Bill Perry: Thank you, Mr. Mayor. My name is Bill Perry, I reside at 850 N.W. 7th Street Road, Overtown, Florida. I, Mayor and to the Commissioners, I'm thankful for this opportunity to come before you again. I was here last month speaking to some issues within your Fire Department. I just find it. the only way I can put it, is disgusting - that in 1990, the month that we begin to celebrate African American History Month again, some people said that there's no need for that. I tend to agree also if we only celebrate _ individuals and movements, but I do see a need to understand what our history is all about, and perhaps had those firemen who engaged in what Marvin Dunn and the Police Chief and the Fire Chief and the City Manager and severed other white folk claim to be hazing, perhaps if they understood the history of African Americans as well as they have understood some other distorted history, we wouldn't have men engaging in such foolish acts. Although Marvin and those other people said that those acts were not racist, I tend to hold _ that they are, and I tried to explain that at the last meeting. To me, it's a clear example of white superiority and those people that proclaim and hold onto white superiority as a way of life. I think you really have a problem within your Fire Department. I'm sure that each of you took an oath when you became City Commissioners and elected officials that you would uphold the law and that you would represent all citizens. I say to you that the African American members of your City Fire Department are citizens, and certainly the way they're being treated by the bargaining unit that put them out and now, as in a posture asking them to come back, it tends to remind me of what I hear from the media in South Africa that people are now saying, "What's wrong with the African National Congress that De Klork is making such wonderful moves?" Please don't get upset with the African American firefighters if they don't accept the olive branch and come back with hat in hand and say, "We're welcome to be back." That does not correct the problem. So I just say that I think it is your responsibility, as our elected officials - I didn't vote for all of you, that's one of the beauties of the American democratic process is, although many of us did not vote for all of you, you still have the responsibility to represent all of us. And I can gather by the way that the 03 February 7, 1990 African American firefighters are being treated, they certainly are not being treated fairly and with justice. That is a Department that reports directly to your City Manager, that you are responsible for. It's very difficult to explain to young African American boys and girls in this day and time in 1990, that the kinds of racist acts that your firemen engage in are accepted by you, and I don't see how you can sit here, as City Commissioners, without demanding that some corrective actions be taken. There are all kinds of rumors that are going on in this community relative to what's going on in that Fire Department. You had a report that was submitted by an outside consultant group that made reference to some of the incidents within the Fire Department. Nothing has happened, to my knowledge, to correct that. I had the opportunity to attend a very delightful luncheon today that you all paid for in honor of former Commissioner Athalie Range and I thought it was well done, but there's some unfinished business on Athalie Range's agenda. As you recall, she was the Commissioner that requested several months ago that an independent audit be done of the Trust Funds. I spoke to that last month. To my knowledge, nothing has occurred to this point. I tend to believe that, that audit will reveal some interesting kind of findings, and I just encourage you to demand that the Manager move on that item to have that Trust Fund looked into. I can't - you know, I don't know what it takes to impress upon you that we have trouble in this community. We tend to condemn people when they throw bottles and set fires and loot and create havoc in the community, but it seems to me that, that's the only time people get attention around here. That it's the mode in Miami that in order for African Americans, at least, to get attention, they must be disruptive. I don't think that's a wise and safe way to go, and I certainly would encourage you to initiate some measures to begin to correct that. I just leave you with the thought, and I don't know how you go about doing it, I still believe that the Firefighters Union can be decertified. You told me you couldn't do that, but I still think that no more than to saying it could happen or to pursue that, would cause a change in their behavior. I have nothing else to say about this matter. I'll keep talking about it, you know, as long as God gives me breath I'll exercise my right to speak and to talk about those issues that I have strong feelings about. Sister Lori Weldon is here and join me, and she has some remarks to make relative to this issue, and I just hope you will entertain her thoughts and at the same time, at least by the next Commission Meeting, that you'll be able to tell this community that you have taken some positive steps and that something is happening. Thank you very much. Mayor Suarez: Thank you for your statement. Commissioner Plummer: Mr. Manager... wait a minute, Bill, wait a minute, hold on a minute. Mr. Manager., you sent us a memo in reference to that audit. Would you, on the record, state what the problem is? -if there's a problem. Mr. Dean Mielke: Commissioner, Dean Mielke, labor relations officer, we've engaged... Mayor Suarez: Excuse me, Dean, excuse me. In the back, please. If you're going to speak, you're going to have to do it elsewhere. We were handling an important item referring to an important department of the City of Miami. Please. Mr. Mielke: In cooperation with the Law Department, following your directions, we have found a person - a health auditing firm to do the health audit. I would anticipate, in fact, they would receive the letter, the Law Department's received the letter, working out the auditor's fees and what not and we expect to start that very shortly. We had contacted several other auditors. A couple of people turned the job down. One person had a conflict of interest or we would have been going by now. Mayor Suarez: The main concern that I understood, now maybe there's other concerns, anytime you do an audit, you might find things that you didn't know about in advance. The main concern that I understood had to do with anyone not receiving benefits during the time that they were not technically part of the union, health benefits... has anyone been specifically identified as having had that problem because, apparently, no one could be identified. Mr. Mielke: To the best of my knowledge, not a solitary soul has come forth to myself or Angela Bellamy. 174- February 7, 1990 Mayor Suarez: OK, if there's any other problems that the audit is supposed to uncover, and if you could tell us now, Commissioner De Yurre, as I, wondering what the allegations are or what the passible problems may have been other than the fact that they just didn't have enough money in the fund? Mr. Mielke: Well, the fund... Mayor Suarez: Mismanagement, is that the idea? Mr. Mielke: Well, I won't care... mismanagement, I won't speculate why it went broke. Mayor Suarez= The possibility of mismanagement... Mr. Mielke: It went broke and one of the reasons we're going in is... Mayor Suarez: OK, that's ghat the audit is supposed to uncover. All right? The reasons for that presumably. Mr. Mielke: We're trying to figure out where it went and how much is in it and what's left, if there's anything left. Commissioner De Yurre: When are we going to have a response from the audit? Mr. Mielke: I don't think the audit should take more than a couple of weeks, at best. Mayor Suarez: Thank you, two weeks. Commissioner De Yurre: When was it started? Mayor Suarez: It hasn't been started. Mr. Mielke: We just got the letter from the firm - I defer to the City these - Thursday. Ernst and Young is the company. We just got the letter a day or two ago. Mayor Suarez: Ernst and Young is doing the audit. Commissioner Ike Yurre; When did we request the audit? Mr. Mielke: When or why? I'm sorry. Commissioner De Yurre: When? Mr. Mielke: Well, we started with Coopers and Lybrands and they - sometime ago - and then when we finally set down and talked to them, there was a question that there was a conflict. We then went to... Commissioner De Yurres When, when, you know, when did we request the audit? Mr. Mielke: We've asked for documentation for weeks and weeks and weeks, but the actual getting an auditor hired to do it, we started several weeks ago. Commissioner De Yurre: Maybe if I speak in Spanish, you'll understand me better. When, if it was ever requested, was an audit requested by the administration, by the Commission? When? -like April, May, 1989... Mr. Mielke: I don't know exactly. Just a moment, I'll get it for you. Mayor Suarez: In November, I remember discussing it here. And I presume there was a resolution pursuant to the discussion asking for the audit, and sounds like October maybe. It sounds like a long time to get an audit done. Mr. Mialke: We, the City, we, the Labor Relations people, started August 7th in conjunction with the Law Department with a letter to... Commissioner De Yurre: August 7th. Mr. Mielke: Yes. 175 February 7, 1990 Commissioner De Yurre: And it's taken six months to get to nowhere because we =_ haven't done a thing yet. Right or wrong? Mr. Mielke: That's correct. — Commissioner De Yurre: Don't you think its about time we got through with this issue? Mr. Mielke: I couldn't agree with you more. Mayor Suarez: We agree on something today. Commissioner De Yurre: So then, we're talking about that March 7th, March Sth, we're going to have a response before this Commission? Mr. Mielke: I would hope no. I see no reason not to have it. unless people stonewall and we got to go into court to get it. Commissioner De Yurre: Well, let's make sure we get it March 8th, we get a response. Mayor Suarez: If you have stonewalling, I specifically suggest, pursuant to the Commissioner's line of questioning, which I agree with, that you notify me, we will have a special session of the Commission to authorize litigation. Mr. Mielke: Fine. Mayor Suarez: Thank you. Because a lot of times we find that after the fact, ' all the impediments that there were along the way and nobody ever tells us about them. What could you possibly say after all of that? I mean, you don't disagree with anything? You want the audit, I'm sure. You have no problems with it, you're going to cooperate with it. Mr. Lou Kickasola: I want to clarify the issue. Dean Mielke, Labor Relations Officer... Mayor Suarez: I can't imagine that there's anything to clarify. We don't know the results of the audit. We don't even have an audit yet. Mr. Kickasola: Well, you're talking about two different audits. The audit he's talking about in August was on the settlement of the contract when we negotiated a settlement on chapter 17 - article 17 - dealing with insurance. From that, came a grievance. What issued here in October... Mayor Suarez: Well, I guess we thought that the fact that it had to do with was related to the fact that you're trust - the insurance trust - went bankrupt. Mr. Kickasola: Excuse me, he asked... Mayor Suarez: Maybe we were too simplistic in our understanding. No? Mr. Kickasola: Our attorney has been cooperating with Labor Relations and doing an audit on the trust in conjunction with grievance that's been filed on _ the issue of run-off claims. The other question... Mayor Suarez: OK, this is a grievance being filed by the City of Miami Commission. 74 Wd Mayor Suare`: That doesn't sound to me like a very complicated question to answer by an audit, Lou. Mr. Kickasola: The reason the audit was asked for by Commissioner Athalie Range in October was the allegation that black firefighters were given different benefits and white fire-fighters by the insurance. Mayor Suarez: And we have dealt with that today. Didn't you hear my statement? -that not a single person has been identified to date that supposedly did not receive the full benefits? I stated that into the record. Mr. Kickasola: Then what is the issue of audit in relation to Athalie Range's resolution and the audit that he's speaking of? That's what... Mayor Suarez: That was one of the concerns of Commissioner Range was, were there any black firefighters because they were not in the union, technically, have been deprived of any benefits. We resolved that we would take care of that by one means or another. Has anybody identified them? No. If I were you, I would not even touch that issue. That issue so far favors you. Mr. Kickasola: Well, on a question of audit... Mayor Suarez: What the other audit has to do with why the Insurance Trust Fund of the firefighters, the union that you had went belly up? We have not questioned you on it. If you want to enter into a questioning session on it, you'll be the first person asked, and your predecessor, Don Teems, because I presume you had a lot of involvement in that being the head of the union and he had even more. Mr. Kickasola: We negotiated a settlement on article 17 on dealing with the... Mayor Suarez: I don't think you ought to get into that because I think you ought to hope that the audit shows that... Mr. Kickasola: I'm not, I guess I'll just comply with the subpoena. Thank you. Mayor Suarez: I'm sorry? Mr. Kickasola: I'll comply with the subpoena if that's what you're going to issue on the audit. Mayor Suarez: Oh, you'll definitely comply with the subpoena, sure. Mr. Kickasola: Thank you. Mayor Suarez: All right. Mr. Odio: Kickasola, wait a minute. Because I want to put on the record. Dean, did we not have, at one point here, when we were ordered to audit that you would not refuse to open your books? Yes or no? Mr. Kickasola: That's correct. Mayor Suarez: There you go. Mr. Kickasola: And we have been complying with it with Dean Mielke. Mr. Odio: In answer to Commissioner De Yurre on why we have taken so long, I mean sometimes its simple, to say yes or no, we have been trying to get at their books. We have tried to hire accounting firms that would do this and refuse until Ernst... UNIDENTIFIED SPEAKER: ...and Young. Mr. Odio: ...Young just accepted that task. But they... Commissioner Plummer: Mr. Manager... 177 February 7, 1990 Mayor Suarez: I have a lot of accounting firms that would have been willing to entertain the audit to carry it out, Mr. Manager, if you'd let me know that you had problems finding an accounting firm. Mr. Odio: But the one fact is that they refused - and he just mentioned subpoena - and we might have to get to a subpoena. And if You order us -to go ahead and do that, I will be glad to do it. Mayor Suarez: Are you serious? I mean, do you want us to go... Mr. Odio: That's what he just said. Mayor Suarez: We, obviously, want that information. We want it forthwith if we have to... Mr. Odio: Dean, wait, let... Mayor Suarez: Waitl If we have to compose ourselves and convene ourselves Into a board of inquiry, we will do it at this very point and authorize you to get subpoenas out if you must. It doesn't sound to me like we need to do that. It sounds like he's opening all his books. Mr. Kickasola: I've been trying to explain to you, our attorney has been trying to comply... Mr. Odio: I just heard him say, send me a subpoena. Mayor Suarez: No, no, no, he said, they would comply with one, but it sounds like they don't need a subpoena. We will issue subpoenas if we have to. Mr. Odio: I'll send him a subpoena. Mayor Suarez: It doesn't sound like we need one. Commissioner Plummer: May I ask a question? Mayor Suarez: What's all the hullabaloo about? I don't even know why he got up to the mike except to incriminate himself. Commissioner Plummer: Mr. Manager, I find it difficult to understand that you were the one who recommended to this City Commission that we go back and go to the old system of funding the fire insurance. Mr. Odio: We had no choice in the matter. The state law demanded that we had to take the firefighters in because they went broke. We have no choice. We had no choice. The state law says, you take them back. And that's what happened during that contract. Then we said, OK, we want to audit your books... Mayor Suarez: I think we also hoped to save some money in the process, that we weren't going to have to refund the entire underfunding of that fund like we've had to do with other pension funds. Mr. Odio: Right. Correct, we had to put in a million dollars into the fund. Commissioner Plummer: The funding was over $900,000. Mr. Odio: Right. Mr. Kickasola: That was correct. Commissioner Plummer: That was the deficit. Mr. Odio: A million dollars. Then... Mayor Suarez: And now that that has been made up by a contractual agreement with the union from the City funds, general fund. Mr.. Odio: Sure, we had to make... Mayor Suarez: I want everybody who's participated, if you're understood any of this, to know that we've already put a million dollars into that fund almost. 178 February 7, 1990 , i st 4V Mr. Odio: Now, come the other issue, and that's the issue that I hope you clarify that we do not need a subpoena, please. Mr. Kickasola: You don't need a subpoena for us to cooperate. Mayor Suarez: Thank you. Mr. Odio: Fine, then we'll have Ernst and Young there Monday morning. Mayor Suarez: Very good. Mr. Odio: Or tomorrow morning. Mayor Suarez: I can't imagine you'd want to add anything to this, but try me, if you think you can. Go ahead. Mr. Daniel Hall: OK. My name is Daniel Hall. Members of the Commission and attending audience, I welcome the opportunity to come before you. I reside at 11490 Pinkston Drive and I arm a retired Dade County firefighter. Commissioner Plummer: City -County? Mr. Hall: That's correct, but if you please, may I address... Commissioner Plummer% Well, explain that to me if you would. A City -County firefighter? . Mr. Hall: I am a retired Dade County. Mayor Suarez: Dade County, Dade County. Commissioner Plummer: Oh, Dade County. Mr. Hall: Yes. Commissioner Plummer: Oh, I thought you said City County. I'm sorry, I misunderstood. Mr. Hall: And I stand before you at somewhat a loss for words because I am not Solomon. I really wish I were at this moment. But, as is evident, there is a problem with your department. And I certainly can relate to it, having been a member of a department and having endured pretty much the same problems. But I would admonish you to not take the band -aid approach at this moment. I endured many of the same problems and I know that the immediate remedy that was taken regarding the firefighters that were just dismissed, is, in fact, a band -aid approach. It's time to get away from that and, in fact, start an Id, because it is indeed a comprehensive problem. I was the result, or that is, I endured much discrimination, be it by incident or institutional. It does, in fact, exist. However, I also endured a lot of resentment, probably brought on from Fire Department administration. Prior to lay arriving at any fire station, the chiefs would precede me and instruct each firefighter, white firefighter at that time, to treat me right, otherwise, they might be dismissed. This, in fact, created an atmosphere of hostility and resentment, and I do think that the termination of these firefighters in this case certainly will not remedy your situation, but, indeed, increase hostilities. I have no other suggestion and really no answer to the problem, but it is time we take a comprehensive look at the situation. Thank you very much. Mayor Suarez: Thank you for your statement. OK. Ms. Lori Weldon: Real quick. Mr. Mayor, put on the record, I not here on b half of Affirmative Action Advisory Board before anyone nails me on that. But what I would... Mayor Suarez: But, you're still a member, or you're not? Me, Weldon: Yes, I am. But I would like to state that our issue eras pulled because of lack of communication with staff and them not reading this report, that recommendation, etcetera. The problem with the Fire Department has been studied and restudied and studied and restudied. We need no more studios. 'ale 179 February 7, 1990 \ know what the problem is. This Commission, I feel, is guilty of nonfeasance in trying to rid the problems within the Fire Department by just simply, or, at least thinking it will go away by doing study after study after study. It is time to implement recommendations from these studies that you've already put out so much funding on. If you would concentrate efforts in putting funding into the department instead of on studies, then, maybe something would get done. We all know that the union is a big part of the problem. It's been stated over and over that the union cannot be decertified. Fine. But the problems also at the level of some officers that are union members also and condone or either look the other way when certain incidents happen. Mayor Suarez: Have you had any specific allegations regarding said officers go through the Affirmative Action Board? Ms. Weldon: Not through the Affirmative Action Board, no, but I have had some come directly to me. Mayor Suarez: OK. Ms. Weldon: The thing is though that if you can't decertify the union, the union is the problem. The officers are a part of the union, let's try to get officers that are non -union members, or willing not to be a part of that network. Now, if we can move to decertify the union, we must try to find ways of implementing programs or procedures that the union does not have to be included in. I've been told over and over by the Fire Department that this disciplinary guideline or this or whatever, cannot be adhered to or cannot be implemented because the union does not agree to it. Or that it won't work because it won't pass the union vote, when the union is the problem. Now, how can you tell your minority firefighters that you're willing to help them, or there's something that's going to be done If nothing is done with the union or nothing is done with these reports and the recommendations are not acted upon. The independent review panel report has been out since 1987. It is 1990. There's only one recommendation that I know of that's been followed. Then you go pay another consulting firm to do another study. When is it going to end? When is the actions going to take place and when are people going to be held accountable to get these recommendations done? Mayor Suarez: Thank you for your statement in a rhetorical question form. Let me tell you this, for myself, on the issue of hazing, I believe the article in the Miami Herald was today, but it may have been yesterday, and you saw a quote by me as to the specific mechanism implemented by the Fire Chief to reach his top level officers or certainly all the other firefighters, and I didn't have a - was not in particular agreement with that mechanism. It was some kind of an audio visual message that he sent. I can tell you that the Miami Herald was kind to my quote and they cleaned it up. It was a much stronger quote reflecting how I feel about that particular mechanism, and I have given the Manager, as to myself, all kinds of suggestions and ideas, some in written form, some in verbal form, as to what I think should be done in that department on just that issue. Now, there are many, many issues, affirmative action is obviously primary in the minds of many. I think, personally, and I disagree with Bill Perry on that, I think it's a great and positive gesture for the firefighters union to vote to bring back the black firefighters. I also... Ms. Weldon: It's not a gesture... Mayor Suarez: Wait - I also understand, and I knew that before that gesture was even made, that they probably didn't want to come back into the union because they don't feel the union represents them. That is the key problem on that particular issue. I don't have a solution for it, I wish I did. But we're certainly trying to fashion one. As to any incidents of racisra or any institutionalized racism in the department, some of the recommendations of the latest report maybe should be implemented, and I think all of us here in the Commission have been giving our ideas to the Manager on how to carry that out. Ms. Weldon: OK, two short statements. I hope you do - one, I hope you do implement these recommendations as soon as possible and, two, Mr. Mayor, if your butt was about to be nailed to the wall in court, you'd do every gesture you can to clean that up real quick. And that's the only reason the union wants the black firefighters back in there. Mayor Suarez: I don't know. ISO February 7, 1990 Mr. Odio: Mr. Mayor, if I may, Lori. I want yota to know that, well I agree with you that we have to move and move on the Fire Department, and I won't give up until I can be satisfied that racism has been eradicated from the department. It's a tough ,job, believe me. And it won't be easy, and I won't sit here and tell you that you can eradicate something that's been there forever. But the one thing we have done is tried, within the - our responsibility, to meet our responsibilities by changing where the Chief felt that he had the wrong people at the top, they were changed. The management services chief now is Willie Waters, and he is now responsible for personnel, and I think that he will make sure that racism is put aside. And so every staff member on top were changed just about - a month ago, right? One month ago. And the guidelines for disciplinary action, Commissioner, are now in tho Law Department and as soon as they approve them, they'll be implemented. Ms. Weldon: But still the union - I was told that the union had to approve it for it to be... Mr. Odio: No, let me tell you how this works. If we implement disciplinary action and they don't agree, they put a grievance in and we have - I don't know how many grievances we have now and we're going to have many more, because we'll keep disciplining and they keep grieving all they want until the message gets through that we mean business. Mayor Suarez: Mr. Vice Mayor. Vice Mayor Dawkins: I agree with Bill Perry, and I guess that's why we have five different individuals up here so that we all can agree or disagree. Yes, it was a good gesture to ask the black firefighters to come back. But when you look at it in a sense when it never should have happened, it's not a good gesture. When you look at it secondly, that they did not ask them to come back immediately when we started discussing this, it's not a good gesture. When you look at it that they've been to court and they got turned down in the court, and when they got turned down in the court, then they wanted to invite the blacks back, that's not a good gesture. So, you've got look at this in its totality in order to say whether it's a good gesture or a bad gesture. And if I were in the black firefighters seat, I too would refuse to come back. Mayor Suarez: OK. Item 32. Commissioner Plummer: Wait a minute... Commissioner De Yurre: OK, Mr. Mayor... Mayor Suarez: Yes. Commissioner Plummer: Can I ask one question, Mr. Mayor? Mayor Suarez: Yes, please, Commissioner Plummer and Commissioner De Yurre, too. Commissioner Plummer: And I'm going to guess I've touched some nerves at the top that are my friends, but I got to ask the question. One of the main complaints that I saw in the study was that there was a lack of communication between the top echelon and the stations. That bothers me. What was referred to as lack of communications and if it exists, what is being done to correct it? Mr. Odio: ...before he does that, let me tell you one problem that I discovered in all this process is that the Division Chiefs - is that the right title? You've got so many chiefs, I forget. Division Chief, right? ...level, are all union people. Those are the people between the top management and the stations. Chief Huddleston: District chiefs. Mr. Odio: District chiefs. Chief Huddleston: District chiefs. Mr. Odio: OK. And when I had a meeting with the top staff, I said, the first problem we have is with the District Chiefs. They are the filter, that's why 181 February 7, 1990 -,-— -�._ things are not going through there, and that's the problem we have and they're all of the old class in the department. Am I wrong in that? Until we can change that around, we're going to have problems in the filtering of what we want to do there. Commissioner Plummer: Wait a minute, wait a minute. Isn't a District Chief an unclassified position? Chief Huddleston: It's a classified position. Commissioner Plummer: They're classified. Chief Huddleston: Yes, air, Chief Fire Officer. f_s Mr. Odio: And that is the problem. And until we can get that changed through negotiations, those people are not union members and they are staff people and they can be removed, at any time we want, we're going to have that filter between the top staff and the stations where we want the message to get =� through. And that's something that we need to negotiate out in the agreement. 35. GRANT REQUEST FOR CLOSURE OF DESIGNATED STREETS CONCERNING MONTY TRAINER'S HOMECOMING PARTY. Commissioner De Yurre: Mr. Mayor, before we move on. Mayor Suarez: Yes, Commissioner De Yurre. Commissioner De Yurre: Before we move on to the next item, I have an emergency here. I have Manny Diaz from Monty's that they need a street closure and it wasn't on the agenda for this weekend. Mayor Suarez: What's the item? Is it uncontroversial, has it been taken through the Police Department? Commissioner De Yurre: Totally noncontroversial. What date do you need it closed? ,. Mr. Manny Diaz: This is something new. Commissioner De Yurre: What date do you need it closed? Mr. Manny Diaz: As I think you're all aware, on Saturday, we're having the... Mayor Suarez: Give us the name and address, please, Manny. Mr. Diaz: Sorry. Many Diaz, phone number 856-2626 on Saturday we're having the grand opening for the Monty's project which we have just finished, as you're all aware. We expect to have thousands and thousands of people... Mayor Suarez: What do you need? Commissioner De Yurre: Street closure. Mr. Diaz: We would just like to have Aviation, from South Bayshore Drive towards the water blocked off. Commissioner De Yurre: And that's Saturday. Commissioner Plummer: From Bayshore to where? From Bayshore towards the water. Commissioner De Yurre: To the water. Mr.. Diaz: Towards the back, towards the marina. Commissioner Plummer: Oh, oh.... February T, 199 Mr. Diaz: It's just that little,.. Commissioner Plummer: Hell, it's in effect it's closed now. you're asking us to do is legalize it. I mean, all Mr. Diaz: it's just that little strip, right, that's attractive... Commissioner De Yurre: OK. Commissioner Plummer: I'll move it. Commissioner De Yurre: 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. 90-131 A RESOLUTION CONCERNING MONTY TRAINER'S COMING HOME PARTY HELD FEBRUARY 10, 1990 PROVIDING FOR THE CLOSURE OF CERTAIN STREETS TO THROUGH VEHICULAR TRAFFIC, SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENT OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; CONDITIONED UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH: SAID EVENT AND THE REQUIREMENT THAT THE CITY 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 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 Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMMS MADE DURING ROLL CALL: Commissioner Plummer: I'm voting yes, but I have another suggestion. COMMENTS MADE FOLLOWING ROLL CALL: f t s Mayor Suarez: Suggestion... Commissioner Plummer: Mr. Diaz, may I take back a suggestion to you because you're getting a lot of angry clients who are parking in the median strip, parking all over the sidewalk. Thank God, you're doing a good business, which means we get a good revenue. I, if I were in your position, would seriously consider taking the dollar charge off of the self -parking in the building 3 across the street, because the Police Department, from what I have heard, have been instructed not to write tickets any more, but to start towing those cars that are in that median and on the sidewalk. Whatever it is, dollar is not, you know, if you charge a dollar, give it back to them at the door or in a service charge. But, for some reason, the people are not using it. Mr. Diaz: Right. Commissioner Plummer: And I'm telling you, you're going to get a lot of complaints and so are we, because I think they're going to start towing so you'd better give some thought as to what you're going to do. Mr. Diaz: Thank you. We're on top of that issue, believe me. 183 February 7, 1990 36. (Continued Discussion) DISCUSSION AND TEMPORARILY DEFERRAL CONCERNING INTERIM PROPRIETARY AND GENERAL SERVICE FEES (See labels 3 and 46). Vice Mayor Dawkins: Mr. Mayor... Mayor Suarez: Mr. Vice Mayor Dawkins. Vice Mayor Dawkins: Emergency. I move three that I pulled this morning, item three. Mayor Suarez: Item three has been moved by Vice Mayor. Somebody refresh our recollection as to the import of it in case anybody else had any problems with it. OK, I got you, for myself. Any Commissioner have any questions on item three? Commissioner Plummer: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. I think the nature of the emergency has been already put in the record. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: Call the roll. ON MOTION DULY MADE BY VICE MAYOR DAWKINS AND SECONDED BY COMMISSIONER PLUMMER, THE ABOVE EMERGENCY ORDINANCE FAILED BY THE FOLLOWING VOTE: AYES: Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre ABSENT: Commissioner J. L. Plummer, Jr.. Ms. Hirai: Mr. Mayor... Mayor Suarez: Yes. C] 37. (A) GRANT REQUEST FOR CLOSURE OF DESIGNATED STREETS CONCERNING THE MARCH OF DIMES WALKAMERICA EVENT. (B) GRANT FEE WAIVER FOR USE OF CERTAIN PARKS AND RESTRICTION OF RETAIL PEDDLERS. Mayor Suarez: Item 32, March of Dimes Walk America street closures. Probably the only thing we'll be giving you so you may as well do that first. Has that been worked out with City staff? Where's Lieutenant. Longueira, whoever typically advises us on that? I don't see him anywhere. Wally, are you ready... there's Lieutenant. Mr. Wally Lee: Mayor, the Police Department consents pending Commission approval. Mayor Suarez: OK, I'll entertain a motion on the street closures. Commissioner De Yurre: Moved. Vice Mayor Dawkins: Second. 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: j RESOLUTION NO. 90-132 A RESOLUTION CONCERNING THE MARCH OF DIMES WALK AMERICA TO BE CONDUCTED BY THE MARCH OF DIMES ON APRIL 7, 1990, PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND THE USE OF j CERTAIN STREETS AND THOROUGHFARES DURING THE WALK-A- _� THOU SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; FURTHER WAIVING PARK PERMIT FEES AND EQUIPMENT RENTAL; FURTHER ESTABLISHING AN AREA —! PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; CONDITIONED UPON ORGANIZERS PAYING FOR THE -=� NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY �i (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: -Sol AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Mayor Suarez: I usually don't have problem with waivers of fees for use of parks. Sometimes that makes it and sometimes it doesn't, because I don't consider that to be an out-of-pocket cost and, therefore, a violation of our festival policy committee. Anything else, I would vote against, and I think would be sic to zero against on any spending, any funding, so I don't know, if anybody wants to try the waiver. What is that? What are we talking about? We're just talking about the rental waiver, right? -the rental fee? Mr. Frank Castaneda: Well, before we get to that, they also are asking a restriction of retail peddlers. 185 February 7, 1.990 Mayor Suarez: Do you have any problem with that? Mr. Castaneda: No problems with that at. all. Mayor Suarez: OK, we can take that together with a waiver of the use, of the rent for the use of Peacock, Myers, Merrie Christmas parks and the Glass House. I presume they're not really taking up the full use of all of those, they're just sort of stopping points, right? Mr. Castaneda: Right. It's $440 only in fee waivers. Mayor Suarez: I'll entertain a motion on the fee waivers and the restriction of retail peddlers. Commissioner Plummer: What are they doing about cleaning up? Natasha Amador: We're working on a contracting with someone to actually do our work for us and cleaning up and then we have our own people that follow = right along behind us. The route is finished and we didn't have any reported really big problems last year. We had a few minor ones, but... Mayor Suarez: I guess we may require the posting of a bond in regards to that or not? Not in this kind of a march? In any event, as to the restriction for retail peddlers and waiver of the fees for the parks, I'll entertain a motion. If not, I'll move it myself. Moved. Commissioner Alonso: Yes, I move. Mayor Suarez: Seconded. Thank you. I second. Commissioner Plummer: Well, what is the problem? I mean, in a marathon race for the restriction of peddlers? Natasha Amador: The reason why we don't want peddlers within there is because all of the companies that participate in Walk America provide a picnic for their employees at that time and there's no reason for anybody to sell anything. We don't sell anything. Everything we have there is given away. Commissioner Plummer: OK. Mayor Suarez: Sati3fied? Commissioner Plummer: Yes. Mayor Suarez: Call the roll on that item. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 90-133 THE ESSENCE OF THIS MOTION IS CONTAINED AND FORMALIZED IN MOTION 90-132 ABOVE. Upon being seconded by Mayor Suarez, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Vice Mayor Dawkins: Now, wait a minute now, that was for waiver of the fee... Mayor Suarez: Park fee and restriction of retail peddlers. That's it. Vice Mayor Dawkins: That's it. OK now, go ahead. 186 February 7, 1990 A Mayor Suarez: No, I was just about to waive to her. Mr. Castaneda: They're also requesting a non... — Bice Mayor Dawkins: OK, now the Showmobile they got to pay for? Mr. Castaneda: No, they're also requesting an on -duty fire rescue unit. Commissioner Plummer: It's not on my agenda. - i Mr. Castaneda: You got that? i - Commissioner Alonso: No, it's not here. Vice Mayor Dawkins: The Showmobile, who's going to pay the cost of the _ laborers who get paid overtime to put it up, huh? Mr. Castaneda: They have to pay for that. Commissioner Plummer: They will. Natasha Amador: We do, yes. Commissioner Plummer: And there's a prescribed fee for a rescue unit if they want it on an hourly basis. Vice Mayor Dawkins: OK, so... - Mayor Suarez: And they may have to have one too. We may require them. Vice Mayor Dawkins: OK, no problem. t Mayor Suarez: OK. That's the best we can do. ------------------------------------------------------------------------------- 38. DISCUSSION CONCERNING USE OF MANUEL ARTIME PERFORMING ARTS CENTER BY CREATION BALLET FOR THE PREMIERE OF TWO CUBAN BALLETS. - - ---Y- Mayor Suarez: Creation Ballet to request use of the Manuel Artime Center. Aren't we going to come up with a better system for these than having the - Commission approve each one? Commissioner Plummer: Not if they're asking for a freebie. Mayor Suarez: For a waiver of the Artime Performing Arts Center that we're trying to promote and get people to use it. Why wculdn't we waive the fee? What good does this do, if we don't have something there? Mr. Frank Castaneda: We are creating - we just came to the Commission, created a fee structure trying to... Mayor Suarez: Ah, I had forgotten that. Mr. Castaneda: ...pay for itself and now everybody is asking for a waiver. i Mayor Suarez: What's a typical fee for the use of the... Mr. Castaneda: It's $300 plus ten percent of ticket sales. Mayor Suarez: What's wrong with that? -paying $300 and ten percent of ticket r sales to us? i Ms. Natasha Amador: Excuse me, I do not understand, I am lout. This is my first time here. s Mayor Suarez: $300. : Ms. Amador: Yes, once before. 187 February 7, 1990 Mayor Suarez: Three times a hundred dollars to us, plus ten percent of your ticket sales. Why wouldn't you agree to that? Ms. Amador: Why wouldn't I agree for that? Mayor Suarez: Yes. Ms. Amador: I haven't agreed for anything. I don't know what's go... Mayor Suarez: Why is this item before us instead of you just telling her what the fee is, and she's paying it, and we go on along our ce.erry business to the next item? Ms. Amador: What we are asking is for you to help us with a fee waiver. This is... Mayor Suarez: Fee waiver? The fee is $300. You mean you don't have $300? Commissioner Alonso: Fee waiver, that's what he's talking about, that's exactly what he's talking about. That's exactly what he's talking about. Ms. Amador: No, we are a very, very new company that we are struggling to be able to present a cultural impact in this community. Mayor Suarez: We're not in the business of subsidizing ballet companies. Three hundred dollars is the minimal amount of money that we get for the use of this facility. Ms. Amador: Fine... Mayor Suarez: How much did it coot to rehab that?-$900,000, I think, or six hundred? Commissioner Plummer: Oh, over. Mr. Castaneda: Six hundred thousand dollars. Mr. Odio: Six hundred. Ms. Amador: Excuse me... Mayor Suarez: That was state money, actually. It wasn't directly out of your pockets, but indirectly because you pay state taxes too. Ms. Amador: Let me tell you something. I was sitting here listening to all the problems you were having and I was asking myself the ques... Mayor Suarez: You were ready to go away and pay your $300, right? Ms. Amador: Yes. Mayor Suarez: Good. Ms. Amador: OK? Goodbye. Thank you very much. Mayor Suarez: What was your... somebody ask her her name, just to put her on the record. Mr. Odio: Her name is Natasha Amador. Mayor Suarez: That's not the way we should treat people. I'm sorry about that. Anyhow, item 34. Somebody in staff better explain to people that we're not giving monies, that we're not waiving fees for facilities like that, that are expensive to maintain. Not to mention the remodeling of it which cost over $600,000. iSe February 7, 1990 sf ------------------------------------------- 39. DISCUSSION BY REPRESENTATIVES OF OVERTOWN ADVISORY BOARD CONCERNING TAX INCREMENT FINANCING -- REFER TO MANAGER FOR REVIEW AND RECOMMENDATION. _ ------------------------------------------ ----------------------------------- Mayor Suarez: Overtown Advisory Board, tax increment financing, Yes, sir. — Mr. Donald Benjamin: Mr. Mayor, Commissioners, my name is Donald F. Benjamin, I'm the interim president of the Overtown Advisory Board. Mayor Suarez: You want to know about the timing of the tax increment financing or where we are or how much money we're going to have or how we're going to use it? Mr. Benjamin: Well, I was making a proposal. Mayor Suarez: Or all of the above? Mr. Benjamin: I have a proposal I'm making. The Overtown Advisory Board has repeatedly expressed its concerns regarding the intent... Vice Mayor Dawkins: You plan to read all of this? Mr. Benjamin: Well, I could read the recommendation, if you want me to. Vice Mayor Dawkins: I mean, I would appreciate it... Mayor Suarez: Well, here's the thing, if you're proposing how to use the funds, let us put into the record the... Mr. Benjamin: No, I'm proposing that the district be expanded, for one thing, let me get to it. Mayor Suarez: Expanded? Mr. Benjamin: Yes. Mayor Suarez: Ah. Mr. Benjamin: For the whole of Overtown. Mr. Odio: I'd like to, if I may -• Don, whssst- I'd like to propose something, Mr. Mayor. In a discussion yesterday in looking at the site next to Bayside, which is hey, John, in the site next to... Mayor Suarez: Please, we need some quiet in the back too, police officer. Mr. Odio: ...in the site next to Bayside, the FEC property, in order to... we have an RFP ready, a draft ready, that you will be seeing probably March or April for a total development of that area as an entertainment center, and I feel that, and we're looking at the possibility that maybe to develop the infrastructure at cost of that site, streets, improvements, sea walls, etcetera., that it might be wise to study the tax increment district both to that side and to whatever he's proposing now. Mayor Suarez: We can extend it a little bit. Are you talking about extending it north, by any chance? or... Mr. Benjamin: All of Overtown, to include all of Overtown. Mayor Suarez: I know, but I mean, is it basically extending the northern boundary or north and west? Mr. Benjamin: Northern and western and east... Mayor Suarez: North and west. North, how far? Mr. Benjamin: We have a map, I can give it to you. 189 February 7, 1990 Mayor Suarez: More or less so we can give some indication to the Manager to work with you. Mr. Benjamin: I'll give him a map with all the boun... Mayor Suarez: well... _ Mr. Benjamin: The same district that's identified by Community Development. — That's what we're talking about. Mayor Suarez: As Overtown? _ Mr. Ben$min: Yes. - Mayor Suarez: And west, how far? The same thing? Mr. Benjamin: Yes. _ Mayor Suarez: How far does it go west, as far as Community Development guidelines, target areas? Mr. Benjamin: Where's Frank? _ t� Mayor Suarez: Herb, Frank, anybody who might know? How far west does it go? -I was asking. Vice Mayor Dawkins: West, Third Street. Commissioner Plummer: West. Mr. Benjamin: No, no, no, no, it goes off to the Civic Center. Commissioner Alonso: West? Commissioner Plummer: Seventh Avenue. Mayor Suarez: All the way to 12th Avenue it goes west? Mr. Benjamin: Civic center. Yes, all the way to Civic Center, yes. Mayor Suarez: And how far north? Mr. Benjamin: That's right. Mayor Suarez: And how far north? Mr. Benjamin: 836 and above. UNIDENTIFIED SPEAKER: North to 23rd. Mayor Suarez: Twenty-third Street? That's a huge area. Mr. Benjamin: That's right. We're talking about Overtown. Mayor Suarez: That's a huge area. Commissioner Plummer: Where are... Ben, where are we going to get the money to provide municipal services? Mr. Benjamin: Well, you see, if you read my statement, you'll see we went into all of that. It's a pretty full statement that deals with all these aspects, and then we come to certain recommendations. And the three recommendations are expanding the area, doing something with the general obligation bonding, and a sort of composite revenue bond arrangement. Mayor Suarez: What do you want to do with GO bonds? Mr. Benjamin: Well, either I read the statement or - all right. Mayor Suarez: No, no, don't read it. If you can tell us, don't read it, please. What do you want to do with general obligation bonds? 190 February 7, 1990 Mr. Benjamin: The jointly backed by the full faith and credit of the City of Miami and also Metropolitan Dade County, based on their priority shares of revenues, County generated, in the redevelopment area. This option would increase bond marketability and reduce interest rates and amortization rates. — — Mayor Suarez: You realize that for a general obligation bond, we have to have voter approval by referendum? Mr. Benjamin: And we talk about that too in terms of trying to get that, getting the support of the business community and the general community. _ Mayor Suarez: But do you think that the voters, realistically, the voters of Miami right now would approve a general obligation bond? Mr. Benjamin: Well, don't deny it, let's try it. That's all I'm asking. Mayor Suarez: Well, no, we tried... Commissioner Plummer: Six hundred million dollars? Mr. Benjamin: That's what we're talking about, that's correct. Mayor Suarez: We tried to get them to approve $40 million for streets and they turned that down, sixty what to... Mr. Benjamin: You know, I hope you read this statement because I spent a lot of time working on it and you're not... Mayor Suarez: But we're dealing with it in parts, Don. We just dealt with one part of it. General obligation bonds is not realistic. I'm not sure... Mr. Benjamin: All right, there were three pieces I put in here. Mayor Suarez: But that's one of them. What's the other one? What's the third one? Mr. Benjamin: Well, the first one was the expanded district, right? And the other one is a sort of composite revenue bond arrangement using both Metropolitan Dade County and the City. You see, the whole concept here is that we are saying that this tax increment financing is not just a City of Miami deal. It's a joint thing between the City of Miami and Dade County... Mayor Suarez: That's exactly right. Mr. Benjamin: ...and we want both governments to work together in developing this approach. Mayor Suarez: In fact, we have a development board that is approved by both the City and the County. One of the few cooperative things that we do. That is exactly how tax increment district works. Now, you're saying it's not enough money and I agree. Mr. Benjamin: That's correct. Mayor Suarez: I agree. Mr. Benj amin: And I submit this to your attention. I'll come back to you again if you - later. Mayor Suarez: Well, what's the Manager's recommendation? Have you looked through it? Vice Mayor Dawkins: Well, give me time to read it and digest it then I can discuss it with you, Don. Mr. Odio: Oh, I recommend that we study... Mr. Benjamin: OK. Mr. Odio: ...we study this. Like I said... Mayor Suarez: About the expansion of the boundaries, that's... 191 February 7, 1990 Mr. Odio: I need to look at the expansion down to the water, so we might as well look expansion the other may and then come back. F Mr. Benjamin: All over. Mayor Suarez: Don, what properties would be included that are taxpaying, or that are expected to be coming on line that, by expanding it to 12th and 23rd, we will capture them in the tax increment district? -if any, that you can think of. Mr. Benjamin: Well, we're talking properties from Biscayne ,all the way over to Civic Center. Mayor Suarez: I guess we catch that one shopping market there on 3rd and 20th, but that's not a real huge increase in the tax base. See, the thing is, tax increment district only works based on private development, nonexempt private development that goes on line into the tax rolls. Mr. Benjamin: You see, Mr. Mayor, we are talking also of proposing an overall development strategy for Overtown. We're not just saying, expand the district and leave it like that. The point is, we are really dissatisfied with the present approach to development in Overtown, where you talk about a Southeast Overtown/Bark West project, phase I, a small area. And the rest of Overtown is there nothing is happening. So we're talking about a re... Mayor Suarez: Well, what we have by Commission resolution, specified that every single penny produced by that district must be spent in the area that we know as Overtown, and not in Overtown/Park West. Mr. Benjamin: Well, you know whet happened the last time I was here. Mayor Suarez: Yes, that's right, we derailed a million dollars that was going to go to Metromover and put it right back over to where it should have been. You're right. Mr. Benjamin: That's why I'm suggesting that we don't leave any sort of loopholes... Mayor Suarez: All right, you got it. Mr. Benjamin: ...that we go the "whole hog" and be sure of what we are doing in looking at these specific recommendations in terms of expanding the area and looking at some other things. Mayor Suarez: Let's have the Manager then go meet with you on it and digest it. Have all of us digest it. I'll go through it and see what ideas we can adopt from it. The expansion of the area, the tax increment district, is interesting. It's also scary because pretty soon we're going to have so much of the City in a tax increment district, you know, that - but, also it may be useless in the sense that there may not be too many private projects that we'll be generating, and so I don't know exactly what you accomplish with that, but we'll look at all of that... Mr. Benjamin: But you see, we're talking also, as I said earlier, of a whole redevelopment approach for Overtown, not just the Southeast Overtown/Park West project. Mayor Suarez: But redevelopment approach is great, but what we have to find is the beef, the money. Mr. Benjamin: Right here it's proposed inside here. That's my point. Mayor Suarez: Yes, but one of your proposals, I've told you, was unfeasible because you can't get people to approve a ... Mr. Benjamin: Well, let's talk about it, let's talk about it. Mayor Suarez: All right. Mr. Manager, recommendation on this just yet, right? OK. Mr. Benjamin: When do you want to see me? you're not ready to make a 192 February 7, 1990 Mr. Odio: Two thousand and one. Mr. Odio: Seriously, we talked about yesterday of this study and I asked the Planning Department to look at the increment district as a whole. Mr. Benjamin: OK, well I'll get back to you, you know that and we'll try to explore this in some more de... because this is a serious approach, this is no joke. Mr. Odio: No, I understand your approach. Mr. Benjamin: OK, thank... Mayor Suarez: And it's interesting to expand the district. I just wouldn't want to build up peoples' hopes by expanding a district. Mr. Benjamin: We have never lost hope. That's why we come here everyday saying the same thing over and over. Mayor Suarez: Well, on the issue of hope and on the district, when is the latest timing - what's the latest idea on the timing of the tax increment bond that's going to be, the first one from Overtown/Park West? Mr. Odio: Yes, Herb is working on ten million dollars right now. Mayor Suarez: That's the what amount? When is the when? -when? Cuando? Mr. Odio: The when is supposed to be in March, I suppose. Mayor Suarez: Herb, what's the latest timetable on being able to... Mr. Odio: April, I'm :sorry, April. Mayor Suarez: I guess they answered for you. April, is that a realistic timetable? Mr. Herb Bailey: We expect to have it before you in April. Mayor Suarez: Ten million, but we have to give still some back to HUD, no? Mr. Bailey: We have a six million dollar obligation to pay off, yes. Mayor Suarez: OK. Although we don't have to pay for three years. That's one thing we obtained up there. Mr. Odio: I'm meeting with Steve Gauldet tomorrow in Washington. I hope that I can fix it. Mayor Suarez: I hope you do better than I did. All I got is pushed back three years. All right. Mr. Odio: Let's push another three. Mayor Suarez: Maybe you can get another three years, pretty soon we'll have to pay it after we're all gone. Commissioner Plummer: Mr. Mayor, may I make a request of the Manager? Mayor Suarez: Commissioner Plummer. Commissioner Plummer: Mr. Manager, would you please secure for me a copy of the tape of the last Sports Authority meeting in which they discussed the refinancing of the bonds? Mr. Benjamin: No. Commissioner Plummer: I want the actual tape of the meeting of the Sports Authority where they discussed the refinancing of the bonds. Mayor Suarez: Lance Paskowitz, item 35, not here. 193 February 7, 1990 Commissioner Plummer; It's - wait a minute... Alex Vilarello, Eaq.: It's been withdrawn. Mayor Suarez: Withdrawn. Commissioner Plummer: Wait, whoa, whoa, whoa, let's... Mayor Suarez: Thirty-six. Commissioner Plummer: No, Mr. Mayor, let's - why was it withdrawn? Mr. Mayor: Who cares? Commissioner Plummer: Thirty-five. Vice Mayor Dawkins: Thirty-five. Mayor Suarez: Who cares? Commissioner: Because he's the one who has stated for the record, time and time again... Mayor Suarez: Put on the record why it's withdrawn. Mr. Odio: I did not withdraw it. Commissioner Plummer: Who withdrew it? Mr. Odio: I don't know. Mr. Vilarello: At his request, I believe. Commissioner Plummer: What do you mean, you believe? No, I want it on the record. Mr. Odio: For the record, the administration did not withdraw this item or... Commissioner Plummer: OK. Mayor Suarez: It's a personal appearance, apparently, he, himself withdrew it. Commissioner Plummer: OK, so he withdrew it. Is that correct? Mr. Vilarello: Yes. Commissioner Plummer: OK, I just want that on the record. Mayor Suarez: Good. NOTE FOR THE RECORD: At this point, it was announced that item 35 had been withdrawn by the applicant. 194 February 7, 1990 i 40. DISCUSSION CONCERNING FUNDING REQUEST FROM CAMARA DE TURISMO DE LAS AMERICAS (CHAMBER OF TOURISM OF THE AMERICAS) FOR A PORTION OF THE CITY'S 2 PERCENT TOURISM ROOM BED TAX MONIES. Mayor Suarez: Item 36, final personal appearance, Camara de Turismo de las Americas, to request $100,000 from the City's portion of the 2 percent tourism room bed tax collected in 1880. By the way, Mr. Waldo Perez -Perez. I love people with two last names that are the same. Since we talked last, and you mentioned to me some of the staff people at the Greater Miami Convention and Visitors Bureau, you mentioned to me the name of Michael Collins. Remember that? He's gone. I'm not saying that he was, like you just said, but he's no longer with the agency. One other staff person used to work in the City, lives here, also, I think, has resigned and I have not yet checked the other name that you gave me that supposedly makes $100,000, but I know the name and my staff person who is looking into all of this is supposed to report back to me, and he's busy talking to another one of my staff people instead of giving me the answer that I need on that. But, hopefully, we'll have that. This is all related to the Greater Miami Convention & Visitors Bureau. I want the answer on that $100,000 person, because I can't imagine anybody over there being... I was going to say, being worth a hundred thousand. That's not what I meant, being the kind of person that I would pay $100,000 to. Commissioner Plummer: There's a lot more than one over there... Mayor Suarez: At a hundred? Commissioner Plummer: ...that's making $100,000. Mayor Suarez: If there's more than one making $100,000... Mr. Odio: Oh, oh, yes, there are. Commissioner Plummer: There are. Mayor Suarez: More than one besides the executive director? Commissioner Plummer: There was one guy that over there... Mr. Odio: How about four? Commissioner Plummer: ...that I understood that was fired from a job making $55,000, pulled over there, made $125,000. Mayor Suarez: I think that's the one that he was worried - that he was referring to. Mr. Collins has resigned. He had... Commissioner Plummer: I don't know the name. Mr. Odio: I think that we have to give Merritt a chance because he already is two down already. Mayor Suarez: Yes, well I'll give him a chance, but if there's four people making over $100,000, it's clear to me what, he's got to do. Mr. Odio: They have four vice presidents. Mayor Suarez: We don't have a single person making over $100,000 in the City of Miami. Mr. Odio: They have four vice presidents. Mayor Suarez: Unless you're making over $100,000, which I'm not aware of that if you are. Mr. Odio: I'm not making that. Mayor Suarez: Four vice presidents over $100,000? 195 February 7, 1990 Mr. Odio: They have four vice presidents. I don't know if they have now - filled the positions, but they have four vice presidents. Vice Mayor Dawkins: Why are you concerned about this when you guys voted - unanimously? Mayor Suarez: I was just going to ask the same question. Why do we here... Vice Mayor Dawkins: I mean, you guys set here - I'm so glad I was in Tokyo, I don't know what to do. Commissioner Plummer: Because of the fact that we have... Vice Mayor Dawkins: When you guys sat here and voted for this unanimously! And now you're concerned. Commissioner Plummer: Let me answer you. I have full faith in Merritt Stierheim that, that's going to change. If it doesn't, then Merritt, as I told him, is going to have to deal with us. - Vice Mayor Dawkins: If the person has a contract, you're going to just fire - him outright and he has a contract? Mayor Suarez: I hope that they don't have written contracts for a period of time. I hope they are just there at the will of the executive director. Vice Mayor Dawkins: I'll say again, these things should have been checked before you voted unanimously for it. Mayor Suarez: You're lucky you were out of town. -- Commissioner. Alonso: No, but, Commissioner Dawkins... — Vice Mayor Dawkins: That's right. _ Commissioner Alonso: ...you are saying that we voted... - Commissioner Plummer: The next time it comes up, I'll go to Tokyo. Commissioner Alonso: No, no, no, no, that's not the point. With the interlocal agreement, it didn't make any difference whether we voted for that or not. We had no voice whatsoever in budget they have. How much they pay to the people, and the only thing we were doing is just extending the time by which the City of Miami is not a part of it. The point is, that the money is collected through Dade County. Mayor Suarez: And we're in the middle of a fiscal year too, that was the other issue... Commissioner Alonso: Yes! Vice Mayor Dawkins: Commissioner... Mayor Suarez: ...that we were in danger of losing monies that we've already spent. Commissioner Alonso: And we have no say whatsoever. That's the point. If you make a motion to go to Tallahassee to have that changed, I'm with you all the way because I really think that the City of Miami should be the one carrying on that tax and doing whatever we want with it. So, if you're willing to go to Tallahassee, I go with you. Vice Mayor Dawkins: All right, we will go and I want the Miami Herald to know we're not going to violate the Sunshine Law. For the first committee meeting that we can go to and complain, Commissioner Alonso and I will be appearing before that committee to let them know that we are unhappy with this situation. But, for your information, what you're saying is something that we held up Commissioner on passing the interlocal agreement until we were supposed to have some say in how this was done. Commissioner Alonso: Of course, I was here, do you remember? 196 February 7, 1990 Vice Mayor Dawkins: Now, we still have nobody on the - what is the, Mr. Mayor? Mayor Suarez: Executive committee. Vice Mayor Dawkins: We still have nobody on the executive committee... Commissioner Alonso: That's right. Vice Mayor Dawkina: We have nobody on - there's nobody on this Commission on there who can vote. Mayor Suarez: We had nobody on the search committee for the new executive director. Vice Mayor Dawkins: We had nobody on the search committee, so we haven't - I mean, so what if you lost $100,000, at least you'd have some... Mayor Suarez: Leverage maybe? Vice Mayor Dawkins: Leverage maybe. -- Mayor Suarez: I don't know. A hundred thousand compared to the 20 percent that we get out of the fund is a tough call for us. Go ahead and make your presen... we don't have any of this money, but if you want to make your presentation... Mr. Lawrence G. Herrero: Let's give it a shot. _ Mayor Suarez: Yes. _ Mr. Herrero: Good evening, my name is Lawrence G. Herrero, director of chamber of tourism of the Americas. This is 11r. Waldo Perez -Perez, executive director of the association. Chamber of Tourism of Americas, Inc. has been incorporated since 1978, working exclusively with private companies in enhancing the image and the tourism of the City of Miami throughout Central and South America. During the years, it has done extensive work and we feel we are in a capacity and qualified to continue that service throughout Central and South America encouraging tourism, both for individuals to come to here... Mayor Suarez: Your fist name was what? Mr. Herrero: Lawrence. Mayor Suarez: You understand, Lawrence, or maybe I call you by your last name, that the 2 percent tourism room bed tax that you refer to here... Mr. Herrero: Yes, sir. Mayor Suarez: ..,is now being levied, collected by the County and sent directly to the Greater Miami Convention & Visitors Bureau. With the exception of 20 percent of that fund which comes to us and that we use principally to run our own Convention & Visitors Bureau, headed by Tony Paj area. Mr. Herrero: OK, but we're looking at a percentage that we ask for only. I think it's 20 percent of that and we're looking at - it says here, $200,000. It's actually $200,000 that we were looking at... Mayor Suarez: Right. - Mr. Herrero: ...according to the budget that we've presented to you, we - distributed now. Mayor Suarez: But, I mean, the bulk of it goes directly to the County through the County to the Bureau. I Mr. Herrero: One thing we wanted to mention to you, we understand the City of Y Miami is losing more than $1,200,000 annually without obtaining any benefit in massive... Mayor Suarez: Publicity? 197 February 7, 1990 0 Mr. Herrero: Promotions, publicities... Mayor Suarez: Yes. Mr. Herrero:...for the City of Miami. Mayor Suarez: Well, forty percent of all the funds collected by the County, 47 percent, I think Commissioner Plummer and others have estimated, comes from bed takes imposed on City of Miami facilities. And if we collected it, we would get to keep 47 percent of a little bit over 9 million or somewhere in the vicinity of 2.8 or 3 million and we only get 1.2. So that probably is the difference you're talking about. Right now... Mr. Herrero: It's probably that. Mayor Suarez: ...unless Commissioner Alonso's idea goes through in Tallahassee and they change the law, we don't get that money. We don't see it. Mr. 0dio: I think I know what - you know what he's referring to, Mr. Mayor? He thinks that we should consider the portion that Miami Beach collects. I explained to them that they cannot that, we cannot get 20 percent of what Miami Beach collects. That is not the law. Mayor Suarez: Miami Beach, for some reason that we can't figure out, at least I can't figure out, gets to collect its own and keep it, or allocate it to the Bureau if they want. I think they do allocate it, substantial amount to the Bureau. I don't know what percentage it... Commissioner Alonso: But, at least they are recognized. Mayor Suarez: But, at least - yes, at least they get to collect it and they're recognized, as Commissioner Alonso's stating. Mr. Herrero: Let me ask you a question. Fifty percent comes from the County, from what I understand. Am I correct? Mayor Suarez: Fifty percent of the Bureau's budget, you mean? Mr. Herrero: Sixty, sixty, I'm sorry. Mayor Suarez: Sixty percent. It depends if you count the in -kind portion of their budget or just the cash. If it's just the cash, it's probably more than 60 percent. But they count in all the free travel that they get from airlines and so on, and add up to about a nine million dollar budget. But they're really only get in cash about seven million. And 60 percent of that, or actually more than that, I think, comes from the County. So you might, maybe, ought to make a presentation to the County Commission. Mr. Herrero: Well, we are going to hit the County next, but one more thing we wanted to ask you, the... Mayor Suarez: And tell me the day you're there. I think any one of the three of us here, maybe all five of us, might want to be there and see how they react to your presentation. Mr. Herrero: Let me ask you something. Concerning special programs and accounts in referring to the international trade promotion, the amount budgeted for fiscal year 189 and 190. It's the money available through that. Mayor Suarez: The thing is, I think almost all of, that is going to the four =' or five staff people that we have in the area of international trade. I don't know if there's any discretionary funds at all there. We have Kevin Miles, Feddy what are we down to? Commissioner Alonso: And no money. Mayor Suarez: And Dr. Vargez-Gomez. Mr. Herrero: Out of six hundred eighty one thousand dollars. 198 February 7, 1990 \, t Mayor Suarez: We have to fire one of them, and I think they're all doing a good job. I mean... Six hundred, you say? Mr. Herrero: $681,000. Mayor Suarez: Six hundred and eighty... Mr. Herrero: Six hundred eighty-one thousand. Mayor Suarez: For what? What six hundred? That sounds like a lot of money here. Mr. Herrero: For the International... Mr. Odio: He's referring to International Trade Board, which is headed by Tony Zamora, Commissioner Dawkins, heads that and they not only... Mayor Suarez: I want to know what Tony Zamora and Commissioner Dawkins are doing with $681,000. Mr. Odio: Not only do they fund the staff people, they also have other programs through there; one hundred and fifty thousand of those goes to CAMACOL... Mayor Suarez: The Hemispheric Congress, $150,000. Mr. Odio: We need to look at the total details of the budget. Mayor Suarez: OK. I was wrong. There are some discretionary funds that they do spend. The board recommends to us and we actually approve them. We have to approve them here if you think that there's something in their budget that for next fiscal year, beginning October 1, they should not be spending, and that you should have a better right to it or a greater right for this promotional effort, that's an interesting concept. I think Commissioner Dawkins is our representative on that board and would be glad to schedule your presentation to that board. Now, remember, that of the entire amount, more than half, is going to the staff people that we have and the rest is a hundred and fifty right off the bat for the Hemispheric Congress which is - may or may not be the premiere commercial trade... Mr. Odio: It is a good event. Mayor Suarez: ...type congress in the City of Miami, other than the CBI, the Caribbean Basin Conference that we have. That's about it for the International Trade area. We used to have a department, used to have a budget of I don't know how many millions of dollars and they used to stage a once a year event called the Trade Fair of the Americas. Well, you don't want to go into that. Waldo knows the history of that. Mr. Herrero: Could you clarify one more thing... Mayor Suarez: Yea. Mr. Herrero: ...for me, I didn't quite understand. Commissioner Plummer: So do I. Mr. Herrero: The 50 percent from the Miami Beach is given to the County. Mayor Suarez: We have nothing to do with that. Mr. Odio: No, no, the Beach keeps that money to operate the facility that they have a million square feet... Mayor Suarez: The Greater Miami Convention & Visitors Bureau. I mean The Greater whatever it is - the Convention Center. It used to be called the Stephen Muss until they changed the name. Mr. Odio: What do they call that group that operates... Commissioner Plummer: VCA. 199 February 7, 1990 0 Mr. Odic: VCA. OK, that's how they fund the VCA. Commissioner Plummer: The Visitors Convention Authority. Mr. Herrero: OK. Thank you very much. Mayor Suarez: We think there's a lot of inequity in all of that and the Commissioners are going to the very first Commission Meeting in Tallahassee. I think the two of you ought to be with them. It is really, as we told Waldo last time when he made the presentation, a shame that not a single penny of the $9 million that the Greater Miami Convention & Visitors Bureau spends, is being spent to promote Miami outside of Miami. Not one penny right now in television or magazines or any other kind of, you know, media. And nothing in South America that I'm aware of, nothing. Now we do have a pretty good image in South America and remember that. You don't have to promote us too much in South America, you may have to promote us a little bit more in some other continents, but anyhow, that's... Mr. Herrero: In the United States within itself, there's very little also. Mayor Suarez: That's where we're getting killed. The fact that we're not on television in New York, in Chicago and the cities that have cold weather on what, you know, attractions there are here, it's not helping us. Commissioner Alonso: Maybe we will have some money if the legislature allows us to charge a tax as is my proposal on passengers arriving at the Port of Miami, and if we are allowed to do that, then the City of Miami will have some funds. I think we will have in the neighborhood of probably fifteen millions or so. Mr. Herrero: Mr. Dawkins, if that's all right, we'd like to get together with you. We'd like to get together with you and discuss the... Mayor Suarez: Can they come to the ITB? - International Trade Board. Vice Mayor Dawkins: You coordinate with Commissioner Alonso because we're... Mr. Herrero: I'm sorry, I can't hear you. Mayor Suarez: ITB, the International Trade Board. Vice Mayor Dawkins: Oh, International Trade Board? Mr. Herrero: Yes, sir. Vice Mayor Dawkins: I thought you were talking about going to Tallahassee. Yes, OK. Mr. Herrero: No, about the Trade Board. Vice Mayor Dawkins: OK, by all means. Mr. Herrero: Thank you. 200 February ?, 1990 11 2 41. (A) DISCUSSION CONCERNING FEASIBILITY OF CONDUCTING FUTUVX CITY COMMISSION MEETINGS IN DIFFERENT COMMUNITY NEIGHBORHOODS. (B) DIRECT ADMINISTRATION TO REQUEST TELECOMMUNICATIONS, INC. (TCI) TO RECORD AND KEEL' A VIDEO OF CITY COMMISSION MEETINGS. Mayor Suarez: Item 37. Who's requesting that we meet in various community... Commissioner De Yurre: Well, I'm requesting it. Mayor Suarez: Commissioner De Yurre. We haven't done that in a real long time. Commissioner De Yurre: I know. Mayor Suarez: Where do you want us to meet? Commissioner De Yurre: Certainly not in the two plus years that I've been here. Mayor Suarez: That's right. Commissioner De Yurre: So I thought it would be nice for us to get out there. Mayor Suarez: You know, I have to tell you that initially we got a lot of attendance and then it sort of started to dwindle, but if you want to try it again. Commissioner De Yurre.: Yes, I figure we got to try and have a tentative schedule that... Vice Mayor Dawkins: OK, but before you discuss your schedule, let me say something. We need when we meet in the community, discuss what's relevant to the community. We do not need to go out to the community with this agenda, Commissioner De Yurre. Because then we are not listening to the people. The people are doing just what they're doing here now sitting up here watching us go through this. So we should, in my opinion, when we meet out there, we should meet out there with issues that they are concerned about and we have a meeting here where we have the zoning meeting and the regular meeting for items to discuss here. Now, that would just be a suggestion. Commissioner De Yurre: Well, what we can do is I think that they would like to see, for a while, at least, how government works. And make it like, you know, part of the - let's say like go for a morning or something like that. And part of that morning is take care of issues that concern that area, but at the same time carry on some of our functions. Mayor Suarez: You envision it then as being a mired agenda where at least half of the time we would be doing regular City items? Commissioner De Yurre: We can do something like that. Regular City and then the other half, you know, dealing with what's going on in the area. Mayor Suarez: It's instructional for people to - some of you might not find it too instructional to be here all day but I think it would be, really. Commissioner Plummer: You know why we don't have them any more? There was no interest. Mayor Suarez: People did start losing interest. Vice Mayor Dawkins: They lose interest because we discussing Dr. Jane Theede: May I say something? Mayor Suarez: Dr. Theede, I can't imagine what you might add to this discussion, but you're a prominent citizen. What do you want to tell us? 201 February 7, 199t1 Dr. Theede: There's certain areas that I really wouldn't want to go into, and I'm with Commissioner Dawkins. If it's not pertinent to the neighborhood, the people become very bored. And something else, Commissioner De Yurre, where I've been coming to this Commission for ten years now and I fairly well know what's going on, I sit here and people are asking me what's happening, I don't understand. You're dealing with the legislative process that the average person has never been exposed to and it's, frankly, very much over their head. 'When I started this, even though I have a doctorate, I didn't understand what was going on so how can someone who hasn't finished school understand what's going on. Mayor Suarez: We don't always understand either, you know. Dr. Theede: But I... Commissioner Plummer: Speak for yourself. Dr. Theede: But I am very much in favor of you going to the neighborhoods because I think that you will hear what people have to say and you're going to be astonished, believe me. But I think it should be pertinent to the neighborhood. Commissioner De Yurre: Thank you. No, we can start, take it from the top and then if there's interest, we keep going. If not, we stop it. OK? Mayor. Suarez: Are you envisioning them as after hours, after working hours? - a 6:00 p.m. type thing? Mr. Odio: Let me defend Matty here before she's... you'd better speak up because - can you do it? Can you switch from here to another place in the same day? Mayor Suarez: Oh, we've done it. We've done it, you'd better believe it. Ms. Hirai: Communications, yes, we've done it. It is riskier, sometimes we encounter difficulties with the recording, but we will try to... Mayor Suarez: With the recording? Ms. Hirai: Yes, the recording of the meetings, the equipment sometimes... Mayor Suarez: There are difficulties in life with recording and many other things. Now we have TCI filming everything we do. I'm sure they have no problem. Ms. Hirai: I'm sorry, Mr. Mayor. Vice Mayor Dawkins: If you have any problems... Mayor Suarez: On the other hand, some think that they... Commissioner Alonso: On the other hand, yes, indeed, then we have a problem. Mayor Suarez: ...that for sure we'll have a problem when Commissioner Alonso corrects me. All right... Vice Mayor Dawkins: If you have any problems in Liberty City, I got some disk jockeys that can record everything we got. You may not be able to hear anything else, but, boy, you'll hear that. Mayor Suarez; Listen, that's not a bad idea at all. If we have to coordinate with one of the stations to do live, at least, or part of the time. Some of the things, we probably wouldn't want to do live. Commissioner Plummer: You just asked the question. Mr. Mayor... Mayor Suarez: Yes? Commissioner Plummer; Mr. Manager, someone informed me that TCI does not record on videotape these meetings. May I ask... Mayor Suarez: I can't believe that. 202 February 7, 1990 Commissioner Plummer: Why? Mr. Odio: TCI? Mayor Suarez: They do not record? Mr. Odio: This is not televised by TCI. Commissioner De Yurre: Yes, well T... Commissioner Plummer: Well, but, yes it is. Vice Mayor Dawkins: Yes, it is. Commissioner Alonso: Yes, it is. Mr. Odio: It's the channel 437 Vice Mayor Dawkins: No, not TCI. Commissioner Plummer: May I inquire that if this matter is not being recorded, that you tell them not to come back until they start recording. Mayor Suarez: Well, I'm not sure that, that's the way we want to phrase it. They might never come back. Commissioner Plummer: Just forget it. Mayor Suarez: Yes. Why aren't they recording it? Mr. Odio: I don't know. Commissioner Plummer: From what I understand is that they don't record. And I don't know whether there's... Mayor Suarez: They don't have a control room some place that they can record? That's incredible. Commissioner De Yurre: J.L., you want to record, just put a couple of cassette tapes in the TV and you're recorded. Mayor Suarez: Well, but they should be providing those tapes. Commissioner Plummer: They should be doing it. Commissioner De Yurre: Well, there's no recording equipment here. Commissioner Plummer: Sure, they've got a recording equipment... Mayor Suarez: Would you build that into the negotiations on the fine, Mr. Manager, they really should be recording it. Commissioner Alonso: Yes. Mayor Suarez: And keeping track of all the tapes in case we ever need them. It might help you, by the way, Madam City Clerk, It might also do away with your job but we won't get into that. Mr. Odio: That's her problem. Mayor Suarez: All right... Commissioner De Yurre: Well, can we just take like three off the top and one in each community. Mayor Suarez: Yes, let's go for the first three. Is it anticipated that all of us will be present for the entire duration, or we can be represented by staff? Commissioner De Yurre: Well, if we're talking about a meeting, we'd better be there. 203 February 7, 1990 s- e Mayor Suarez: You're not expecting to take action, are you? Commissioner De Yurres Oh, yes. Ms. Rather Mae Armbrister: No, not by staff, uh uh. Mayor Suarez: Ah, I was afraid you were going to say that, Ms. Armbr.ister. Commissioner De Yurre: No, if we're talking about, you know, if you're talking about something else, if you're talking about like a town hall meeting, that's something else. Commissioner Alonso: Tell us exactly what you have in mind, What... Commissioner De Yurre: No, what I have in mind is what we're doing here, and then part of the meeting would be to conduct business that has to do with the community. Commissioner Alonso: But, don't you think that if we do the entire thing, it's going to be difficult to move all the information, the people, the materials, all of this. It might be difficult. Commissioner Plummer: Can I suggest how it was done before? Commissioner De Yurre: Well, how was it done? I know it's been done before. Commissioner Plummer: What it was done before was, Mr. Mayor, we did not have an actual City Commission meeting. What we did was, we took the off Thursday and went to that neighborhood to listen to the concerns of those people. Mayor Suarez: Well, there's another way to do it. We could do it on a regular Thursday, have a regular session up until a particular time and then hear from the neighbors after that. Commissioner De Yurre: Well, that's what I'm saying. Mayor Suarez: Yes, we can do it either way. Commissioner Alonso: That's good. Mayor Suarez: I mean, that way we don't take up two Thursdays for... Commissioner Plummer: Yes, but I think it's a nightmare to try to have a City Commission meeting here and then vacate and go out and have another meeting in the neighborhood. Mayor Suarez: No, no, no, we'd have it all right there in the neighborhood. We'd set up any of the high schools like we've done in the past, or the Artime Center or any of the other place. Have the entire Commission Meeting there till 6:00 p.m, and then entertain community input. Ms. Lori Weldon: Mr. Mayor, excuse me, if it's done that way, will legislation be able to come about through those meetings? Mayor Suarers How did you get on the mike there all of sudden out of order? Ms. Weldon: You blinked. Mayor Suarez: That's what we're trying to decide. Please, please, Lori, that's what we're trying to decide. The answer has already been given actually. Yes, legislation conceivably would come about. We'd have to - none of items, except if they're discussion items, would be merely for discussion. Legislation could come about. That's his intention and he's requesting it, and I'm disposed to go ahead and convene those meetings if none of the other Commissioners have any problems. Any particular sites? Miami Edison for one? Commissioner De Yurre: Well, we have Miami Edison could be like March 8th. Mayor Suarez: Is that a regularly scheduled meeting? 204 Alex Vilarello, Esq.: Mr. Mayor, there needs to be 30 days from the day of the passing of the resolution... Mayor Suarez: March 8th just makes it, doesn't it? r. Vilarello: No, I believe there's only 28 days. We're in February right now. Mayor Suarez: All right. Mr. Vilarello: And it shouldn't be a zoning meeting so that puts us beyond March 22nd. Mayor Suarez: Why not zoning meeting? Because we got to do too many items after 5:00? Mr. Vilarello: The advertising, etcetera. for the public hearings. Mayor Suarez: We have to advertise anyhow for the zoning meeting. Which ones have been advertised already? For example, the one - the second one in March, has that been advertised already? March 22nd? Why can't we do March 22nd in Miami Edison?. Commissioner Plummer: Mr. Mayor, I would strongly... Mayor Suarez: Everything we get is objections. Look, if anybody has a better idea, propose it. Commissioner Plummer: I would strongly object to holding the City Commission meetings. We have our staffs here, we're constantly asking for papers and documents and is our calendar clear. I think Mr. De Yurre has a great idea, but if you're going to do it, may I please beg of you, do it in a town hall concept of meeting where the only thing you address is the concerns of the people of that particular area. I would be opposed to trying to hold a City Commission... (Applause) Commissioner Plummer: ...where'd you come from? You don't want us in your area. Vice Mayor Dawkins: You better be nice, you're running, you know. And these people are trying to give you, you know, some support. Commissioner Plummer: Miller, I can remember that these were only held during campaign time. That's one of the other areas that made them boring, but to try to hold a City Commission meeting and get them recorded, a town hall meeting, I think, accomplishes the same thing. And I would beg you two to... Mayor Suarez: We've even had some, by the way, that had a specific topic. For example, we had one in Miami High that dealt with the issue of crime and so on. Sort of to narrow... Commissioner De Yurre: Well, I just think that it's important that we go out to the people. A lot of the people don't even know where City Hall is unfortunately. Mayor Suarez: OK, you've got one scheduled tentatively for when, Commissioner? Commissioner De Yurre: I had a list here we can pick them, Miami Edison, which... Mayor Suarez: What date? Commissioner De Yurre: Well, I had March 8th so it would be the... Mayor Suarez: March 8th which is the... Ms. Hirai: We need time to advertise it. Mayor Suarez: Well, that's the regular Commission meeting day. 205 February 7,,96iO Mr. Vilarello: You need 30 days, Mr. Mayor. Commissioner De Yurre: Well, let's say, why don't we pick like for three meetings and let the administration setit down? Mayor Suarez: You don't need 30 days to have a town hall meeting. I could have a town hall meeting right now if I call one. We could have one tomorrow. Pleasel Bob Clark, Esq.: Mayor. Mayor Suarez: Yes. Mr. Clark: The Charter says, if you're going to change the location of the City Commission meeting, you do it by a resolution if you're going to have a Commission meeting. Mayor Suarez: Does it also say it has to be advertised for 30 days? Mr. Clark: The resolution has to be adopted 30 days before you change the location of your meeting. Mayor Suarez: We're not changing a regular Commission meeting, we would be having a town hall meeting, a whole new meeting under that idea on that particular day. Commissioner Plummer: You know, we don't even get finished here with our regular agenda at nine. What's it going to be if we go and we have the problems of the people of the community want to speak to the issues of their community? And I think that's why if you go to a town hall meeting, you're going to be better off. Mayor Suarez: Commissioner, would you work out the dates of three town hall meetings to be held, let's say, late March, April, and May and come back to us for approval of the Commission as a whole? Commissioner De Yurre: OK. Mayor Suarez: And the locations. I can't imagine anybody is going to have any problems with that. And we'll do it following Commissioner Plummer's idea, not the regular Commission meeting or planning and zoning, but just a town hall meeting to listen... Commissioner Plummer: Town hall. But we hear from the people. Commissioner De Yurre: OK, will do. Mayor Suarez: That solves a lot of problems having to do with the recording and the personnel that has to be there. Although they do have to be recorded and Commission action could result from theca, if we give the required notice under the Charter which our City Attorneys read so well and understand so well. All right. We've done 38. 206 February 7, 199Q 42. DISCUSSION CONCERNING IMPLEMENTATION OF A COMMISSION AWARENESS PROGRAM. Mayor Suarez: Thirty-nine, Commission Awareness Program. Commission Awareness Program? Commissioner De Yurre: Commission Awareness Program. Mayor Suarez: What does that mean? Are you implying that we are unaware? Commissioner De 'Yurre: Let me tell you, and I'm just offering this today as food for thought and, hopefully, next month we can bring it back to a vote or to some degree, if there's a consensus of this Commission. But a problem that I've been facing for a very long time is, and today we had like two or three examples of it, where we wasted a good half-hour, at least, on a couple of items, because what was being presented we couldn't understand, we didn't have enough information, we weren't aware of a number of things that were being done and all of a sudden, we're asked to vote on something impromptu, and some of these decisions are, you know, are million dollar decisions. I think that, and what I'm suggesting pretty much, means putting a burden on ourselves to be responsible to certain areas of the City so that we have an awareness of what is happening, what is being brought. Mayor Suarez: How is that different from the committee system that the County has, for example, if you've studied that? If you're aware. Commissioner De Yurre: Well, what I'm looking at is a situation that, first of all, its - the idea of any interference with the administration, there is none at all. Because, basically, what we're trying to do is a commitment among ourselves that we will be more informed, or one of us will be more informed in a particular area when an issue comes up before the Commission. Mayor Suarez: But, that's precisely what the committee system does in the County. Commissioner De Yurre: Yes, but, well they have... Commissioner Plummer: No, no, no, that's not true. No, the committee system in the County actually hears cases and recommends as a body to the Metropolitan Government. Mayor Suarez: Yes, so in a sense... Commissioner Plummer: It's not a matter they just go and listen... Mayor Suarez: ...that does more than what you're saying. Commissioner Alonso: And on specific issues. Commissioner Plummer: Oh, yes. Commissioner De Yurre: I think, basically, what I'm looking at is, let's say... Mayor Suarez: You don't want to do that. You don't want to have matters referred to committee and come back to the committee of the whole? Commissioner De Yurre: No, no, as things go... Mayor Suarez: I see, then it is different. Commissioner De Yurre: ...before things are put on the agenda... Commissioner Plummer: What? Commissioner Alonso: It is different. Mayor Suarez: Then it is different from what - OK, I... 207 February 7, 1990 Commissioner Plummer: Yeah. Cormnnissioner De Yurre: Cesar, don't we have like a preliminary agenda? -like weeks before, we get a final agenda? Commissioner Plummer: five days. Commissioner De Yurre: No, no, no. What is the normal flow, procedure for putting an item on the agenda through the administration? Mr. Odio: The department originates the resolution or legislation of any type and then it goes to the Law Department. The Law Department reviews, then it comes here and .it's placed on the agenda. Then I review the agenda ten days before and... Commissioner De Yurre: So, there's a good month and -a -half around there when the procedure starts. Mr. Odio: No, it's a period of about twenty... twenty-five working days. Commissioner De Yurre: OK, you know... Mr. Odio: Right, Natty? Twenty-five working days. Commissioner De Yurre: There should be - for example, when items are started in that procedure, that if each one of us has a certain area of the City that we would be responsible for, then our responsibility would be to become aware of what the issue is and, I think that we pretty much have our own frame of mind as a Commission, as opposed to the administration. There are a lot of questions that we would bring up early on that we wouldn't have to spend twenty minutes, or thirty minutes here discussing. Things that are very basic to the whole issue that we have to start asking all these questions. There would be a Commissioner that would be saying, listen, have you looked into this? What about that? And a lot of the things that we come up with here would have been addressed already, or if there are issues that come up on the Commission's side, then the Commissioner that would be in charge of that would say, listen, I've addressed that, and I don't agree with the administration for this and this reason, and you provide a different view, as opposed to just getting the administration's point of view on a lot of things that we just don't have an alternative opinion. Commissioner Plummer: Two thoughts. And I guess this is part of the problem of being around too long. We've tried that, OK? And there were two procedures instituted by former Managers that were very good procedures. The problem is, the Commissioners didn't attend. One was, they had on a Monday, prior to the Thursday meeting, they had - that was with this Committee of the Whole meeting. Mr. Odio: I had it until last month. Commissioner Plummer: OK, the Committee of the Whole was there for, and that was that the City Manager made all the department heads available for Commissioners to go and ask any questions about the agenda. The second thing that was tried, and I liked very, very well, that there was an Assistant City Manager who went around on Mondays, after the Commissioners had the weekend to go over agendas, and say, Commissioner, did you have any problems with any items on the agenda? And if you did, you expressed them to him. He either could answer them on the spot, or he got you answers the very next day. Now, I think that that, either one, is a good system and... Mayor Suarez: Well, but he's trying to narrow, for special concern of various Commissioners, like a province of all the issues in the City and all the departments so that they would take special attention of those and pass recommendations back to the Commission. Commissioner De Yurre: Well, you know, for example... Mayor Suarez: In other words, instead of an ad hoc thing, we all of a sudden, one Commissioner gets involved in one thing and another one and another one becomes an expert, that we would split up the City functions and agree to educate ourselves beyond the usual level that we try to do for every Commission meeting and report back to the Commissioner an a whole. 208 February T, logo O Commissioner De Yurre: Just like the Orange Bowl contract or the - what you're working on. You know, you, because you're more involved in it, you are more keenly aware of some issues that we may not be aware of when it's brought before us, before this Commission. And you, as you do at times, just point things out, and you raise questions that we may not raise because we're not aware of certain facts. Mayor Suarez: Why do we have to formalize that? Are you afraid that something's falling through the cracks? Commissioner De Yurre: Well., no, what I want... Mayor Suarez: I mean, why can't that just be on an ad hoc basis the way we've been doing it? Commissioner De Yurre: Well, what I would like is, at least for a, you know, not to formalize it to the degree that I can become responsible and say, you know, I'll look into these three departments, and you can rely that I'll be looking into those three and... Mayor Suarez: It's a modified committee system then. Commissioner De Yurre: Yeah. But I, you know... Mayor Suarez: Without referring things for hearings to any particular Commissioner, but just... Commissioner De Yurre: I'm just offering, you know, for thought and, you know, think about it over the next couple of weeks and we'll bring it back up and, you know, if there's a consensus to do something along these lines, we'll go ahead with it. Mayor Suarez: OK. Commissioner De Yurre: OK? Mayor Suarez: As a modified committee system where we wouldn't refer matters to that particular committee because of the reasons stated by Commissioner Plummer that, in the County, they actually go through hearings and all that, and I'm not sure that we should do that with only five of us, we would just end up adding more work to ourselves. Commissioner Plummer: You can, you can. Commissioner De Yurre: No, we don't have the manpower. Mayor Suarez: Yes, as a modified - I'm about to say that we're not going to get involved in that, at least for my vote. As a modified committee system, if it means like an allocation of responsibility over certain departments for each Commissioner, I have no problem. In fact, if you want to do that... Mr. Odio: But, I do. That sounded like a violation of the Charter right there, Mr. Mayor. Mayor Suarez: We will make sure that it's not a violation of the Charter, Mr. Manager. Commissioner De Yurre: OK, we'll bring it up next month then. 0 43. DISCUSSION CONCERNING REQUEST FROM WEEKLY MAGAZINE "PATRIA" GREATER SHARE OF CITY'S ADVERTISING. Mayor Suarez: Hispanic print advertising, item 40. Commissioner De Yurre: Is there anybody here on that item? Mayor Suarez: Nobody here. Commissioner De Yurre: Guess not. FOR A Mayor Suarez: Oh, wait a minute. He said, Mr. Annesto, Jr., wait a minute, now we've heard from your dad today, we get to hear from you too. Mr. Eladio Armesto, Jr.: My greetings to the Honorable Commission. My name Is Eladio Annesto, and I'm the publisher of Patria newspaper. I wanted to commend the Commission for acknowledging the importance of Hispanic community newspapers and the peoples' needs to be informed of the activities of our City's government through publications that they respect and are familiar with. As the publisher of Patria, I want to reiterate before the Commission our commitment to serve our City government and to work on behalf of the best interests of the people of our community. Thank you. — Mayor Suarez: Very good. Commissioner Alonso: Yes... Mayor Suarez: Thank you. Commissioner Alonso. Commissioner Alonso: I thought we were going to have more people to represent the newspapers, but... Commissioner De Yurre: Well, it was my understanding that a group have been formed to create some kind of a daily Hispanic newspaper of sorts and I don't see any of them here so... Commissioner Alonso: Anyway, I think that it's about time that we recognize the importance of the Hispanic newspapers, the weekly, periodiquitos as we know them. And I will move that we give them 15 percent of the total amount of advertisement that we do in the City of Miami, provided they cover the regulations as are stipulated now. Not only the names of the one that received the advertisement as it is now. Mr. Odio: Let me clarify something, Commissioner, the advertising - and Matty, you are the expert on this - some advertising has to be done on a daily paper. We have to do that and then others we can do with the little newspaper. Mayor Suarez: The weekly. Ms. Hirai: The way we presently have it, Commissioner, we have four basic newspapers that we advertise continually on... Commissioner Alonso: That's fine. Ms. Hirai: ...and then a few of the weeklies that the Commission, once a year, stipulates on a resolution, we rotate. Mayor Suarez: Do you have any idea what percentage of the total dollars spent in advertising is actually going to Spanish dailies, weeklies, tabloids? Ms. Hirai: No, sir. Mayor Suarez: Would you figure that out for us and report back as soon as possible. Ms. Hirai: Also, those weeklies would have to comply with certain criteria. r� Mayor Suarez: That was built into her statement... — Ms. Hirai: Yes. Commissioner Alonso: But I think they receive very little. Mayor Suarez: Do we have any idea - while you do that too, give us an idea how much we spend in the Miami Times. Mr. Odio: I have a figure here that... Mayor Suarez: What percentage of the total dollar volume. Mr. Odio: In 1989 - this is it? -we spent $393,343, out that $237,000 went to the Miami Herald and the other one next is Miami Review with $90,000. Mayor Suarez: That is a daily. Mr. Odio: And Miami Times, $29,000. Sorry, $35,712. Commissioner Plummer: What about Diario? Mayor Suarez: And the Spanish... Mr. Odio: Diario, $30,000. Mayor Suarez: How about the tabloids, the weeklies? r Mr. Odio: The tabloids, very little monies because... — Vice Mayor Dawkins: How much? Mr. Odio: Community newspaper got $1,929 and Patria, $3,479 and La Nacion p $3,222. ' Ms. Hirai: Mr. Mayor, ex... Commissioner Alonso: So I move that they gave 15 percent... k Ms. Hirai: Commissioner... Mayor Suarez: You're talking about ten thousand, roughly. I'm sorry, Commissioner. Mr. Odio: See, but there are some that we cannot put in there. Ms. Hirai: No. Mr. Odio: That's what you have to explain. Ms. Hirai: In two areas we have to comply. Some of them must be published in a newspaper of general circulation, which, obviously, weeklies do not qualify for. The other requirement is as to legal and we do it in Miami Review. The weeklies do not qualify for legal advertising. So everything else that is either a change of date or site or public hearing, we advertise on a rotating basis. If directed by you, of course, we could, advertise all of these public notices at the same time in all the weeklies. But we cannot logically, or legally, I think, place legal... Mayor Suarez: Would you do the following because the rotation sounds like it ends up with the Miami Herald ,just about everytime you rotate ones. Would you... Commissioner Plummer,: Who else you going to rotate it to? Mayor Suarez: ...calculate for us, what would be an expected maximum that we could do with the weeklies and have it ready for the next Commission meeting. Commissioner Alonso: Yes, I think so, because I think it's only fair that they get a portion of that as the numbers that were given to us now, it seems that they get very, vary little of the advertisement in the City. 211 February 7, 1990 .iy l-_ Mayor Suarez: Ten thousaied out of three hundred and ninety some works out to �{ about two and a half percent, doesn't sound real high. I'm not sure that we 1— can make it to fifteen either to tell you the truth with the constraints that you have stated. — Commissioner Plummer: Why, Matty, tell me why do we have to take out full page ads in the Miami Herald. - Ms. Hirai: We don't, Mr. Commissioner. Commissioner Plummer: I've seen... Mayor Suarez: We've been reducing them. We've been reducing them. Ms. Hirai: Not from my office, no. Commissioner Plummer: We do everything but tell them where the mens and the ladies room are. Ms. Hirai: No, no. I believe that in so far as advertising the budget is concerned, there is a state guideline that requires about a quarter of a page. But I do not know of any that would require a full page. Not from my department anyway. Mayor Suarez: Would Commissioners Alonso and Dawkins, while they're in Tallahassee, suggest to them that maybe they could relax some of the guidelines on advertising because everybody knows where to find them. The people are concerned a lot of times know where to find these things, so that we wouldn't have to take a quarter page. To look at it this way, a quarter page of the Miami Herald changes from year to year as to what it costs. Pretty soon it's going to get to the point that, you know, instead of $390,000 we may have to spend a lot more money to comply with the legal requirements, and really we ought to have more flexibility. Miami Today comes out once a week, very widely read by the business community. Miami Review comes out every day. Miami Times comes out once a week. The Hispanic tabloids are widely read, and all of those are a lot less expensive than the Miami Herald. Vice Mayor Dawkins: I believe if we were to, in my opinion, I would like to see if its legal to mail the notices, and I mean we'd come out cheaper printing it ourself and mailing it than you would taking out a quarter page ad in the Miami Herald. And the other thing is, will somebody over there tell me what De Frente is? What publication that is. Commissioner Plummer: What? Commissioner Alonso: What? Vice Mayor Dawkins: De Frente. Mr. Odio: That's another weekly. Vice Mayor Dawkins: All right, why is it... Commissioner Plummer: What's the name of it? Commissioner Alonso: De Frente. Commissioner De Yurre: De Frente. Vice Mayor Dawkins: Why is it you give him $6,000 to put in tourist information? Why do you do that? And it comes from... Mr. Odio: I have to check that. Commissioner Alonso: Where he got that? Vice Mayor Dawkins: ...it comes from - now what's that guy's name over there at the convention center? Mr. Odio: Pajares. Vice Mayor Dawkins: Tony Pajares. 212 February 7. 1990 Mr. Odio: I'll check it out, Commissioner. Vice Mayor Dawkins: Check it out. Mr. Odio: And I'll report back to you. Vice Mayor Dawkins: And, no, no, no, the first thing I want you to stop it. And then, after you stop it, then you can tell me whether it's legal or not. OK? Mr. Odio: I'll take care of it. Vice Mayor Dawkins: But, at the next meeting, I want you to tell me that it was stopped, and then you have to go back and do it because we will justify it up here. Mr. Odio: OK, I will do that. Vice Mayor Dawkins: This is his second go around, so we're not spreading it around, Commissioner. This is his second go round at $6,000. Commissioner Plummer: De Frente? — Mr. Odio: Yes, we'll check into that. Vice Mayer Dawkins: Yes. Commissioner Plummer: What does that mean in English? Mr. Odio: Upfront. Mayor Suarez: From the front or upfront or... Commissioner Plummer: Upfront, is that how we pay or? Mayor 'Suarez: Forthright or... Mr. Odio: I will take immediate... — Mayor Suarez: We've handled this issue now and we heard from your son on =- behalf of Patria, Eladio, so... - Mr. Eladio Armesto, Sr.: No, that magazine that Commissioner, Mayor Dawkins _ refer, comes out only in election time, that's all. That's all they do at election time they come out. Mayor Suarez: It wouldn't even qualify at all, if that's true. If that's true and his $6,000 is true, we may have a violation of our own norms and... Commissioner Plummer: I don't know when that was approved. Mayor Suarez: I don't remember it ever being approved by the Commission. Mr. Odio: Because they have the Knight Center or the FMG has a line item for advertising... = Mayor Suarez: They have some discretion on where they advertise? It doesn't sound very smart of the person handling that. Mr. Odio: That's right. I will check it out, Mr. Mayor. - Mayor Suarez: To go outside of our approved newspapers. Vice Mayor Dawkins: There's no way in the world - wait a minute, I'm sorry, Mr. Mayor, but I have to do this. Mr. Odio: I will check it out. Vice Mayor Dawkins: It's no way in the world, Mr. Manager, you can sit over there and tell me that Tony Paj ores would put $6,000 worth of ads in a paper without checking with you. I do not believe that. OK, thank you. 213 February 1, 1990 Mr. Odio: I'll check it out. 44. REQUEST MANAGER TO HAVE SURVEYORS COME BACK WITH A CONSTRUCTION AUDIT ON THE BAYFRONT PARK PROJECT. ------------------------------------------------------------------------------ Mayor Suarez: OK� What do we have on the independent surveyor in reference to the Bayfront Park improvements? What's that about? Commissioner Plummer: Mr. Mayor, all I'd like to ask at this time is, is that the administration get the names of some independent surveyors and develop a cost factor as what it would cost to come in and give us a complete, clean bill of health at Bayfront Park to make sure that we've got the $30,000,000 bang for our buck. And that's all I would ask that they come back at a later time with a list of names, totally independent, and a cost factor. Mr. Wally Lee: Yes, sir. Mayor Suarez: It's sort of like a construction audit. Commissioner Plummer: That's correct, sir. Mr. Wally Lee: Yes, sir. Commissioner Plummer: There's a lot of innuendos that I think need to be satisfied. Mayor Suarez: And, of course, if they think we can do it in-house, I see Dr. Prieto eager to... Commissioner Plummer: No, no, no, no. Mayor Suarez: No, you don't want to do it in --house. Commissioner Plummer: No, I would not want to do it in-house, Mr. Mayor. I wanted someone that is totally independent. Mayor Suarez: I'm just worried about the cost. All right. Commissioner Plummer: Well... Mayor Suarez: Item 43. Do you need a motion on that? Vice Mayor Dawkins: Forty what? Forty-two? Mayor Suarez: Yes. Vice Mayor Dawkins: What are we saying on 42? Mayor Suarez: He wants to have an independent audit. Commissioner Plummer: I'm Just asking that a list be developed of independent auditors who could go in and do the survey and a cost factor as to what it would cost. And come back to the Commission at a later date. Vice Mayor Dawkins: What are they going to survey? Commissioner Plummer: They're going to survey to see whether we got our $30,000,000 worth of value for thirty million spent at Bayfront Park. Vice Mayor Dawkins: I can tell you that, no. You don't need to spend no money on that. Come on. Commissioner Plummer: Well, if we didn't, then you give me a full report of who I've got to go after to make sure that we do. Vice Mayor Dawkins: OK. 214 February 7, 1990 c=— Mayor Suarez: You know, it is a concern to spend money on that because they might very well conclude that we should not have spent the $30,000,000 or that we didn't get that much of, you know... -� Vice Mayor Dawkins: Bang for the buck. Mayor Suarez: That's it and on top of that, we'll have to add another ten or _— fifteen or twenty thousand dollars to the surveyor, you know, so... Anyhow, but the idea merits consideration, if that's what you'd like today. Commissioner Plummer: That's what I want. ------------------------------- ----------------------------------------- 45. DISCUSSION CONCERNING PROPOSED ST. HUGH OAKS AFFORDABLE HOUSING PROJECT. Mayor Suarez: OK, St. Hugh Oaks affordable housing project. What's the `— determination to be made on that today? _ Mr. Herb Baileys Commissioner, we have for - I mean, Mr. Mayor, we have for, I guess, about two years now been trying to honor the obligation we made to the community to build 30 single family houses in St. Hugh Oaks in the black Grove. And I think we've included all of our in-house technical work and we're into design phase... Mayor Suarez: You need anything from us today, Herb? Mr. Bailey: Yes, we have a problem. Under the current City regulation, we = cannot plat lots that are less than 5,000 square feet. If we are not permitted to plat less than lots of 5,000 square foot size, we will not be able to do 30 units. Commissioner Plummer: Why not do a PUD? Mr. Bailey: Well, we probably - we have some alternatives, but the community, who has supported this project all along, is in support of 30 single units. We are here... Commissioner Plummer: There would still be 30 single family units. Mr. Bailey: I don't understand the PUD, Commissioner. Commissioner Plummer: Planned unit development. Mr. Bailey: That was one of the suggestions by our consultants. Mayor Suarez: Yes, it's like a collective platting, isn't that what it cosies out to be? Mr. Bailey: Yes. Mayor Suarez: I don't think anybody here has any problem with that. How many hats do you wear now? You're a former employee, you're working on two of our projects as a private guy and now you come here as a consultant. Mr. Jose Fabregas: I'm speaking as a consultant for the City of Miami. The neighborhood wants, actually, fee simple... Mayor Suarez: Put your name on the record too. Now that .I've described your functions. Mr. Fabregas: Jose Fabregas, housing development coordinator, for the City of Miami. And what the neighborhood, when we went to the neighborhoods, what they actually want is to own the 'lots fee simple. They do not want a condo association which will be the difference between the planned housing development and an actual... Mayor Suarez: Ah, they want to ,split them into individual lots. come out to be, roughly, in square footage? 215 February r, 1990 7 Mr. 'Pabregas: Three thousand square feet. The lots are all fifty foot wide, they're just not that deep, and as we approached the community, they were in favor of this due to the fact that the :eater shortage they don't need that big of a yard, the young people in the .... Mayor Suarez: Yes, I don't think any of us have a problem with the concept, but... Commissioner Plummer% Of 3,000 square feet? Mayor Suarez: Well, but they're all planned just like a PUD, Commissioner Plummer% No he's not talking planned. Mayor Suarez: Yes, yes, yes. Commissioner Plummer: He's talking about individual property houses... Mayor Suarez: They're all planned collectively. The only difference is that they own and can convey individually each one. I don't know. Has all this been thought through by building and zoning and everybody? Mr. Sergio Rodriguez: No. Mayor Suarez: I mean, planning and... Mr. Rodriguez: There's a difference of opinion here in the staff. Commissioner Plummer: I got a problem because... Mayor Suarez: The old difference of opinion between planning and everybody else. Commissioner Plummer: You hound like, to me, that you're just creating a very high class ghetto. Mayor Suarez: And the Law Department. We've got him back here. I'm sorry, Commissioner, go ahead. Commissioner Plummer: Three thousand square feet, to me, per house, and I don't know how big the houses would bv... Mayor Suarez: OK, so it's... Commissioner Plummer: ...but, to me, you're creating a high class ghetto. Mr. Rodriguez: And you would have problem with the setbacks, with the place for parking and a bunch of different requirements and because the City - this will be a change in the ordinance that will be Citywide. What you would have to do, you're going to create, throughout the City, a different pattern of development of lots that will be mostly, in most cases, 30 feet wide and 100 feet in depth. Vice Mayor Dawkins: Look, you know 1 hear you, OK? But I understand that the neighbors and all — and why is it when you get to certain neighborhoods, you become alarmed about setbacks? You become alarmed about — I mean, in other places you go, you got zero lot lines setback, and then when you get to certain areas, then all of ra sudden, we got to go by the rules and play by the game. Why? Mr. Rodriguez: Commissioner Dawkins, actually what they have already now, the PDH allows them to have zero lot lines. Mayor Suarez: Yes, it's 5,000. OK, now we got... Mr. Rodriguez: No, 3,000. Mayor Suarez: Here's the lineup we got, Planning, the Law Department against consultant, Department of Housing... Mr. Fabregas: Housing. 216 February 7, 1990 L` Mayor Suarez: ...and neighbors and God knows what the hell the Commission is going to do. Mr. Bailey: Mr. Mayor,, may I just make one recommendation. We're pretty much aware of what the current regulations are. However, this is a project that is - it's ours, and we're sponsoring it. And if we can't make a concession for ourselves, I don't know. We're not recommending this become a Citywide application. We're recommending that it has to be... I do not understand that and the Law Department is telling us it has to be. I'd like to know why it has to be. Commissioner Plummer: Too much density. Mr. Bailey: It's not too much density, Commissioner, it's... Commissioner Plummer: For a lot that's 3,000 square fret? Mr. Bailey: Oh, yeah. Commissioner Plummer: What are you going to build? -a... Mayor Suarez: But, J.L., that's the average if you divide the total land area by the number of residences, but that doesn't mean that any one of them will., because they will have areas that they can use in common and so on. Commissioner Plummer: What is the actual square footage that you're proposing that a house would take up of that? Mr. Fabregas: Commissioner, the actual square Footage is 1,500 square feet, but it's two stories. So we're actually, by percentage, having the same amount of occupancy, a footprint that we would have if it would be a one story home on a 5,000 square foot lot. Mayor Suarez: Does this look, in concept, too much different from L'Hermi... you can't answer my question before I ask it, please Pepy... from L'Hermitage, OK, in other words you have - but the difference is that L'Hermitage, I think, is structured as a condo. In other words, it's not individually platted. Commissioner Plummer: Yes, planned unit development. Mayor Suarez: It's the same rough density. Nobody would complain that L'Hermitage is overly built, I mean, it's a beautiful project; very, very attractive. Commissioner Plummer: A million dollars each. Mayor Suarez: Yes. Well... Ms. Esther Mae Armbrister: May I say something, please? Mayor Suarez: We'ra trying to work our way through the technical aspects of this, but go ahead, Ms. Armbrister. Ms. Armbrister: My name is Rather Mae Armbriater, I live at 3350 Charles Avenue in Coconut Grove. You know, we had decided and then tallied and planned and discussed these houses for umpteen months. So one night, I think it was in October or November, we had some of the immediate neighbors who live around this particular piece of property, to come out to our meeting. We have a CAA meeting on Wednesday, third Wednesday nights, open to any and everybody. And these people, you know, who live on the other side of the property, came out to express their opinion and find out what were we going to do. They took for granted that we were going to build what? -welfare houses, public housing. Mayor Suarez: Low cost or public housing. i Ms. Armbrister: Low cost, but we weren't going to do that. We don't want to plan to do that. The houses that we looked at and were satisfied with them .are similar and they take up the same space as the houses that we have already built in 1976 back there on Franklin Avenue, called Stirrup Places, houses. And those are privately owned homes back there. Mayor Suarez: Which project on Franklin? 217 February 7, 1990 Ms. Armbrister: There's Stirrups. Commissioner Plummer: Stirrup. Contiguous to St. Hugh's empty lot. Mayor Suarez: 'What is the density on that? How many units per... what does it work out to on a per unit, per square footage? Anybody know? More or less? Guillermo? Mr. Olmedillo: No, but, Mr. Mayor, I beg your pardon, but the problem is not the density, the problem is that you're creating a new structure for the lot. There's no problem. Mayor Suarez: I know that. I know that part of the problem is the platting and the fact that they want to individually be able to convey the lots afterwards and so on. But just so we have an idea of the density, see we're struggling with the density. Mr. Olmedillo: The density is similar to the one that Ms. Armbrister is... Mayor Suarez: OK, all right, now, you were about to tell us that the other technical problem is... Mr. Olmedillo: That you get into the structure of the single lot which ig when you have a block in the City of Miami which is typically about 200 feet by about 600 feet, then you're going to enter into some weird very shallow parcels, or very thin parcels. One of the two. Mayor Suarez: Well then just like if you split L'Hermitage into individual parcels for each of the units, but I understand the geometry of it, but what is wrong with that? -other than the fact that you call it weird and some other people might call it very nice? Mr. Olmedillo: The space begins to be very small and right now, we got problems with the parking within the single family and duplex districts. You have to... Mayor Suarez: Yes, but the parking may be handled in some other way by common areas, I gather, from what he's about to tell us. Mr. Olmedillo: But, we're saying the PDH concept. is fine, we're saying the PDH concept is fine. Commissioner Plummer: Is there 90,000 square feet? Is that what it is? Mayor Suarez: A little bit over two acres. Mr. Fabregas: Or more. Mayor Suarez: How do you solve the parking problems so this doesn't look like... Mr. Fabregas: Each home has two parking spaces per unit, and we took the recommendation of the neighborhood and we do not - this is not counting on street parking, this is right on the lot. Mayor Suarez: You know, I have to say, and I'm not sure that we're ready to vote now, and we'd have to go through changes of zoning, I gather, and a whole different platting system, but, for myself, if you show me visually and the rest of us what this looks like, it sounds to me like it's going to look very attractive. The fact that it's different or weird or outside the pattern of other City projects, doesn't concern me one bit. Ms. Armbrister, what else? Ms. Armbrister: We looked at the plans and we were satisfied with the plans. Mayor Suarez: Exactly. Ms. Armbrister: And so as far as we were concerned, that was it, but now you are going to disrupt the whole thing. Mayor Suarez: No, we don't know what we're going to do yet. 218 February 7, 1990 s Commissioner Plummer: What is the proposed size of a lot if you build thirty? Mr. Fabregas: If we build thirty, each lot will be roughly around 3,000 square feet, it would vary. Commissioner Plummer: No, no, no, what's the dimensions? Mr. Fabregas: Fifty by sixty-five point six. Vice Mayor Dawkins: What would the cost of 30 units individually be? What are you going to sell these units for, with 30 units? Mr. Fabregas: With 30 units, due to the development, the infrastructure we have to put in there, we'll sell then at eighty thousand roughly, with lot, with a second mortgage. Vice Mayor Dawkins: How many bathrooms? Mr. Fabregas: Two -and -a- half. Vice Mayor Dawkins: How many bedrooms? Mr. Fabregas: Three bedrooms. Ms. Armbrister: Three. Vice Mayor Dawkins: Three bedrooms. Nov, and eighty thousand. Mr. Fabregas: Yes, air. Vice Mayor Dawkins: If you cut it down to twenty-five units, what would each unit go for? Mr. Fabregas: If we cut it down to 25, we would increase the amount because the... Mayor Suarez: By one -sixth. Roughly one -sixth. Mr. Fabregas: ...infrastructure will be the same for those houses, roughly. Ms. Armbrister: Roughly how? Mayor Suarez: About another $12,000. Mr. Fabregas: I would say $97,000, hundred thousand. Ms. Armbriater: And that is not what we consider as being affordable homes, Mayor Suarez: It gets quickly out of the affordable range. Ms. Armbrister: Right, and you have been building affordable homes all over Miami and I cannot understand it- we cannot understand why, when it comes to Coconut Grove, it's a different story. You know what I mean? Mayor Suarez: No, no, no, the initial plan, I think, had actually more units, but the neighborhood turned it down, they didn't want it to go too much to low income housing, you know. You remember that part of the story. Ms. Armbrister: We still are talking about affordable homes. Mayor Suarez: It isn't like Coconut Grove is being somehow discriminated against. In fact, the initial plan was going to be about a hundred unit or something, and everybody was against that so you found that the ideal number of units to be 30. Sounds good to me, I don't... Mr. Rodriguez: Let me clarify for the... Mayor Suarez: What problems does it create with our overall planning and zoning structure? Mr. Rodriguez: Let me clarify for the record because I think it's unclear that under the existing zoning they have of PDH, they can build 30 units. 219 February 7, 1990 t -- t 4- f= - t Mayor Suarez: But. they cannot individually convey their units to other people. They are condos. — Mr. Rodriguez: They would have to be a condominium, that's the issue. Mayor Suarez: They are condos. They are condos that are individually located or freestanding, but they're still. condos. They own the area together. All of it. Mr. Rodriguez: And the reason why that works well is because then you have the total area to play around to locate parking and open space. Mayor Suarez: What's wrong with it being a condo? Ms. Armbrister: I beg your pardon? Mayor Suarez: What's wrong with that same exact plan that he showed you, but - instead of being... Mr. Armbrister: Separate? Mayor Suarez: ...owned separately, they're owned as a condominium, where you own your own unit and you can convey that to people, but you own the common - areas in common. What's wrong with that? Ms. Armbrister: We want our own homes. _ Mayor Suarez: They are. Ms. Armbrister: I mean, we don't want condos, let me say it like that. Mayor Suarez: Just like L'Hermitage. I mean, those are beautiful homes, they own them and they convey them. But the common areas are conveyed together so that you keep the same pattern and protect the neighborhood from some person selling into another one who builds a whole different kind of structure and everything. That's the whole idea of a rDH. Commissioner Alonso: I have a question. Can they be condominiums without common areas? I mean, can they be built in a way that the legal part could be done that they don't really share common areas? And that's been done before. Mayor Suarez: Then the streets have to be dedicated, as opposed to... I Commissioner Alonso: Can it be done there? They don't have to share costs of 3 ( common areas. I - Mr. Baileys The land area... _ 1 - Mayor Suarez: You could eliminate almost all of the common areas if you try real hard, yes. — Commissioner Alonso: The way you build the property, it could be done that even though it's not fee simple, you still don't have common areas. Mr. Bailey: Well, what I think the concept here, Commissioner, is that on the = plan... Mayor Suarez: You could just about eliminate the common areas, I've studied the Condominium Act, out it's still going to be, you know, you're going to have to dedicate lot of streets in there so that people can get to all the homes and everything else. t - Mr. Fabregas: The concept was put in front of the neighborhood of actually having the house and having in the condo documents usage, exclusive right of _- usage of their lot, which would try to satisfy but the neighborhood opposed. Ms. Armbrister: I just got through telling them, it's not affordable. _ Mr. F'abregas: They want to have their lot sold on fee simple and this is what we were going with the neighborhood. 220 February 7, 1990 s x- 3- Mayor Suarez: I'm not sure than; they realize that there's almost no practical '= difference by the time you do thpcondominium the proper vay. Mr. Fabregas: Also, you cannot sell by metes and bounds. And that was a problem. Mayor Suarez: You cannot sell by metes and bounds. Mr. Fabregas: No, you can only sell on fee simple, the lot. Mayor Suarez: Because they're not platted. Mr. Fabregas: Exactly. So we would have to plat it... Mayor Suarez: They know what it, you know... Commissioner Alonso: No, no, no, no. But let's say, let me give you a simple example, you have a duplex lot... Mayor Suarez: We could have platted condominiums, you're right. -- Commissioner Alonso: ...and you can sell half of it and no problems. Mayor Suarez: You could have platted condominiums. Commissioner Alonso: Yes, you do. You sell... Mayor Suarez: With common areas in the middle. Commissioner Alonso: ...you need A, you need B, and still you don't have any problems, yes. Ms. Armbriaater: And do what? — Mayor Suarez: I've done platted condominiums. _ Mr. Bailey: The problem is, is getting the number of units and that's where we are. To get 30 units, we... Mayor Suarez: No. the same exact scheme. Commissioner Alonso: No, the same... Mayor Suarez: The same exact design without a single variation. Commissioner Alonso: Yes, it's done everyday... Mayor Suarez: Well, you know, we're not going to solve the technical aspect here. I think this Commission favors... Commissioner Alonso: In the City of Miami, yes. Mayor Suarez: ...your concept. And, at least I do and I think Miller does and it sounds to me like Commissioner Alonso does, and you ought to solve the technical aspects of it, Madam City Attorney and Mr. Planning, Director. I don't have to tell Herb because he obviously favors this. Whether it ends up being simply or by condo or by fee simple, I'm not sure there's any practical difference, really. If you eliminate enough common areas... :see, because these units are free standing, each has like a little lot and that is yours. If it's condo or if it's fee simple, either way. You convey to... Me. Armbrister: No. Mayor Suarez: ...you take care of it, you have no obligation to your neighbors on it, you - except, you know, like you'd have to any other neighbors - you convey it to whoever you want. Ms. Armbrister: No. OK. Mayor Suarez: It's almost the same thing. I'm not sure we can resolve today of the two which is the most ideal. 221 lrebruary 7, 1900 I 11 Ms. Helen Bentley: Mr. Mayor. Mayor Suarez: Yes. Ms. Bentley: My name is Helen Bentley, I reside at 3621 Franklin Avenue for 34 years. Condo, when you say you have condos, you're going to have problems. If you read the newspapers, you do have problems. You can't put signs on your house. Everyone governs it but you. Mayor Suarez: Well, but that's typically because the condos are vertical and they, you know, they tell you all kinds of rules, but this wouldn't be... the only common areas... Ms. Bentley: But I don't need those kind of rules to maintain my property. Mayor Suarez: It depends how you define the common areas. If the only common areas here were just like the area where you drive into, it would be almost like the same thing as the individually platted. Ms. Frankie Rolle: My name's Frankie Rolle and I reside at 3430 Williams Avenue. I would like to ask if the housing staff from the City could come back into the community and meet with us again so that we can get a clear understanding as to what we would like to have in the community. Mayor Suarez: And let us send them to you with, I think, the consensus of this Commission, that they ought to try for the 30 units for the entire project, as you have suggested, the design Mr. Fabregas came up with, and if individual platting can be done, so much the better. I don't see any problem with that. Me. Bentley: Mr. Mayor, may I ask a question? Why when Marina owned the property, and I'm going back, he was going to put 30 houses on the game... Mayor Suarez: I think he was going to do with the PDH, which was not going to split... they were not going to split each lot into a special plat, or special parcel. Ms. Bentley: They were going to be in detached single family homes, thirty. Mayor Suarez: But they were going to do it... Ms. Bentley: So what's the difference now? Mayor Suarez: ...in the condominium way, he was going to do it. Mr. Jim McMaster: Excuse me, the old school building was an apartment building. Ms. Bentley: What's the difference? Mayor Suarez: There is no difference. There's no practical difference, I assure you, there's no practical difference. The Condo Act, the condo documents could be drafted so that the only common areas where everybody would have to agree on would be just a little area to drive in there. And that's important, you know why? Because if you don't dedicate that street to us, you can put a guard, you can do whatever you want, you know, the whole association together, obviously, can, you know, protect... Ms. Bentley: We would like to review it. Mayor Suarez: That's the nice thing about Stirrup, 'they have a little gate and everything else. You can put your own cards to get in and out and so on. Ms. Armbrister: Let me suggest, I'll ask you, Mr. Hepburn, have you showed theca the plans that you showed to us? Mr. Jeff Hepburn: No, we're still working with the architects on this project. We haven't gotten to that point. Ms. Armbrister: Well, we would appreciate you showing them... Mayor Suarez: Sure. 222 February 3, 1990 Ms. Armbrister: ...the plans and come back to us. Mayor Suarez: Well, I think without seeing them, we like them already. I mean, they sound like... Commissioner Alonso: We do. Vice Mayor Dawkins: We don't need to see them, you want them. I don't need to see them. Ms. Armbrister: All right. Commissioner Alonso: I love the idea. Mayor Suarez: She loves it. Vice Mayor Dawkins: You, the residents want then I don't need to see them. Mayor Suarez: He loves it. I love it. Three of us love it. That's good enough around here. Vice Mayor Dawkins: I don't need to see them. Ms. Armbrister: All right. Mayor Suarez: There we go. OK, I don't think we reed to make a motion on it i and I don't think we need to hear from Jim McMaster on zoning{ implications of this, but... Mr. McMaster: I just have one question to throw in. Marler Lane, which runs along the, I guess southeast side of this, has never been built as a roadway or vacated. It's just sitting there. If the City could vacate the roadway and throw it into this community, it would increase the size of the lots. It = runs from Douglas all the way back in. Mayor Suarez: Why not? —'' Vice Mayor Dawkins: Bring that... Ms. Armbrister: From Douglas to Plaza. Mayor Suarez: Throw that in as something to be considered in the design. Thank you, Jim. 7771 Vice Mayor Dawkins: Thanks, Jim. Mr. McMaster: OK. Ms. Armbrister: And if you want to put a wall back there for them so it won't look... OK. Ms. Bentley: No, we cunt a fence, we don't want another wall. Mayor Suarez: That's right. Me. Bentley: All the walls are coming down. UNIDENTIFIED SPEAKER: We don't want a wall. 46. (Continued Discussion) EMERGENCY ORDINANCE: AMEND CODE SECTIONS 45A-3 AND 45A-7 CONCERNING INTERIM PROPRIETARY AND GENERAL SERVICES FEES - CLARIFY FEE PAYMENT PERIOD AND MODIFY EXEMPTIONS (See labels 2 and 36). Mayor Suarez: Item 44, Overtown Community Medical Center and then we go on 45 and, hopefully, home. Commissioner Plummer: Mr. Mayor, for some reason, my vote was not recorded on item 3 even though I made the motion. Ms. Hirai: Commissioner, we understood from the City Attorney that on emergency ordinances, you must be here to vote. This is why. We must bring it back. Commissioner Plummer: Well, can I Just simply record my vote? Vice Mayor Dawkins: No, let's do it legal. Ms. Hirai: We have to... Mayor Suarez: Call the roll on item three, the ordinance was read into the record. Ms. Hirai: Yes, that is correct. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE RELATING TO INTERIM PROPRIETARY AND GENERAL SERVICES FEES; AMENDING SECTIONS 45A-3, 45A-5, AND 45A-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CLARIFYING PROPERTY SUBJECT TO THE FEE AND FEE PAYMENT PERIOD, AND MODIFYING EXEMPTIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Dawkins 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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre ABSENT: None. Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer Commissioner Miriam Alonso Vices Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre ABSENT; None, SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10705. 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. 224 Fe Oruary 7, 199() E 0 --------------------------------- 47. (A) MODIFY LEASE AGREEMENT WITH METROPOLITAN DADE COUNTY - PROVIDE FOR USE OF LARGER PORTION OF HENDERSON PARK FOR CONSTRUCTION OF PUBLIC HEALTH CLINIC. (B) APPROVE LEASE AGREEMENT FOR CONSTRUCTION OF PUBLIC HEALTH CLINIC FOR CULMER SITE. ------------------------------------------------------------------------------- Mayor Suarez: Yes, item 44. Overtown Community Medical Center. What's the status report? Is that what we need, Don? Mr. Plummer: That's withdrawn. Mayor Suarez: 'Withdrawn. Vice Mayor Dawkins: No, 44 withdrawn? Mayor Suarez: No? Commissioner Alonso: No. Commissioner Plummer: I got a paper telling me item 44 was withdrawn. Mayor Suarez: What do we need to do on it if anybody knows so that we can get on to item 45? Commissioner Plummer: Where's the Manager? Commissioner Alonso: Really? Mr. Don Benjamin: If you wanted... Ms. Hirai: I show it withdrawn. Commissioner Plummer: Where was that paper they gave me this morning? That was one of the items. Ms. Hirai: Yes, I show it withdrawn, Commissioner, also. Commissioner Alonso: They did? This is going... Commissioner Plummer: It was withdrawn. Vice Mayor Dawkins: Reschedule it. Ms. Hirai: There is a memorandum. Vice Mayor Dawkins: Reschedule it, go on to 45. Commissioner Plummer: Yes, here. Ms. Hirai: Yes. Commissioner Plummer: Yes, here, this was what I based everything on this morning. Vice Mayor Dawkins: All right, no problem. Commissioner Alonso: Listen... Mayor Suarez: If you wanted anything, you might be able to get it from staff directly. We were not going to act on this today that I'm aware of unless Commissioner Alonso... Commissioner Plummer: It's just a discussion. Commissioner Alonso: This is going to affect - he can tell you it's going to affect the funds we are receiving for these clinics if we keep postponing.... Mr. Sergio Fiario: Good evening, I am Sergio Fiario... 225 February 7, 1990 Vice Mayor Dawkins: Mr. Mayor, somebody... Mayor Suarez: Wait, wait, wait... Vice Mayor Dawkins: No, I just need somebody while she's talking. Commissioner Alonso: Yes, the thing is if we keep postponing and not acting, in these two clinics the Overtown and Little Havana, we are going to lose the money. Please. Commissioner Plummer: Why was it withdrawn? Commissioner Alonso: Why? Vice Mayor Dawkins: I directed the Manager to give me three parcels of land to put the Overtown clinic on, right? Mr. Herb Bailey: Commissioner, you're right, but what has happened because of the time, the site that was originally suggested which was the old jail, has been submitted to Tallahassee, is the site and it's a suitable site. We don't have any problem with that site. Vice Mayor Dawkins: Well, if it's been submitted, then we already have the site. What's the problem? Mr. Bailey: There's no problem. We withdrew that item. Commissioner Plummer: Why? Commissioner Alonso: Do we own that one that is suggested here... Mr. Bailey: Yes, we... Commissioner Alonso: ...the one in 13th Street and 3rd Avenue. Do we own, the City of Miami, own this piece of property? Mr. Bailey: We own the property that we submitted, yes. Yes, we already own it. Commissioner Alonso: One person saying yes, the other is saying no. Vice Mayor Dawkins: All we need to know is that Ms. Marie Adker is in favor of it. I don't need her down here. Mr. Bailey: It's where the old jail... we awn the site. Commissioner Alonso: I beg your pardon? Mr. Bailey: We own the site, yes. Commissioner Alonso: We own this site, this one, 13th Street and 3rd Avenue, the City of Miami owns that property. Mr. Bailey: Yes, we own the site. Vice Mayor Dawkins: All I need to know is if Marie Adker's in favor of it. Mr. Benjamin: Not that site. We are in favor... Ms. Anne Marie Adker: I£ I might ... clar... if I might... Mayor Suarez: You know, he was so out of order that you just made it doubly worse by grabbing the mike from him. Mo. Adker: If I might clarify... Mayor Suarez: But maybe he's straightened it up too, I don't know. Ms. Adker: Ah... Mr. Benjamin: Not that. Relax, relax. �p 226 February i, 1990 Commissioner Plummer: Can I ask again, why... Vice Mayor Dawkins: I asked for Marie Adker. Now why you all want to talk f _ except letting her talk? — Commissioner Plummer: Why was the item withdrawn? Ms. Adker: Yes, why? — Mayor Suarez: Wait, we're going to get all these questions. — Ms. Adker: The item was withdrawn. Mayor Suarez: Wait a minute, pleases Thank you. Commissioner Dawkins was inquiring, then we go to Commissioner Plummer who will inquire of whoever they — _- want, whomever. You were inquiring, Commissioner? Mr. Bailey: Commissioner, I'd like to clarify my answer that I gave you. .= Mayor Suarez: See, everybody follows my instructions here. If you can clarify it so the two of them will shut up, I'll go for that. What are you... Mr. Bailey: I'm sorry, in my haste, because I, believe it or not, am president of a condo association and the meeting starts at 8:30 so I gave you - some incorrect information. The site that we have submitted to Tallahassee is where the old jail is, the over in Overtown, I think that's somewhere on llth Street... — Mr. Benjamin: And 5th Avenue. _ Ms. Adker: And 5th Avenue. Commissioner Alonso: Tenth Street, N.W. 5th Avenue. Ms. Adker: Right. Mr. Benjamin: Right, that's the site. Mr. Bailey: That is the site that we own and that is the site that we have submitted and that is a suitable site. — Ms. Adker: That's it. Mayor Suarez: OK, now why was the item withdrawn then if we all seem to be in agreement? Mr. Benjamin: What is this doing here? Yes. Ms. Adker: That's the site. Mr. Bailey: OK, now, the item was withdrawn because at this time when the Representative Reeve came and told us of the problem of the time, we had made the decision that we would go with the old jail rite and this site here that's on here for discussion was... Mayor Suarez: Because it's been resolved, the issue's been resolved? Mr. Bailey: The issue has been resolved. Mayor Suarez: Just tell us that. The issues been resolved. We're all in agreement on a site. Now, what do you need from us today, if any? Mr. Bailey: The issue has been resolved. We don't need anything from you today, we will come back for conveyance of the site to the County at another time. Mayor Suarez: Thank you. Thank you. Mr. Bailey: We're fine. Commissioner Alonso: One more question. 227 February 7, 1990 _ a - Mayor Suarez: Commissioner Alonso, one last question. #^ Corm:issioner Alonso: Yes, I have one more question. We were supposed to have _ a lease here today for Little Havana? Mr. Al Armada: Do you have a resolution in front of you? Commissioner Plummer: Where? Commissioner Alonso: Where? Mayor Suarez: Is it an item on the agenda or you want to try to take it up as — an emergency item? Mr. Al Armada: Mercy, Mercy, the resolution. Did you give me the resolution? You have a resolution there... Commissioner Plummer: It was part of Henderson Park, right? Mr. Armadas For Henderson Park that is an amended resolution on resolution =_ that was passed the last regular Commission meeting. Commissioner Plummer: I don't have a copy of it. _ Commissioner Alonso: This one? G Mr. Armada: Yes. _ Commissioner Plummer: Where did it come from? Commissioner Alonso: So we are supposed to approve... Mr. Armada: We prepared that resolution because we understood from Commissioner Alonso's office, that she was going to bring that as a pocket item. Commissioner Plummer: Did we all get copies? Mayor Suarez: Well, we had asked, I think, for it to be ready for today possibly. That may have been another reason. Mr. Armada: I beg your pardon? Mayor Suarez: I think, maybe, we'd asked for it to be ready for today too. Commissioner Alonso: This will resolve the problem... Mr. Armada: Yes, yes. Commissioner Alonso: ...of that we have with the lease that this Commission already approved, but it had to be brought back to us. So the... do you this? Mr. Armada: Yes, they signed it, they signed it already. Mayor Suarez: OK, would the Commissioners - please, would the Commissioners who have any trouble with that, take time to read that? We're not going to take that item up right now. It's not on the agenda and we have other items on the agenda, but Commissioner Alonso, you're welcome to bring that up before we leave today. Commissioner Alonso: Yes, this is very important because if we don't approve this, they cannot proceed with... Mayor Suarez: I got you. Commissioner Alonso: ...the clinic. Mayor Suarez: But, let's take it up... Vice Mayor Dawkins: But, Mr. Bailey... 22S February y, 1990 Mr. Bailey: Yes, Commissioner. i� —_ Vice Mayor Dawkins: ...did you say that the site for Overtown has been submitted to Washington? I mean to Tallahassee? r Mr. Bailey: To Tallahassee. Yes, it has. Vice Mayor Dawkins: It is in Tallahassee? Mr. Bailey: It has been submitted. _ Vice Mayor Dawkins: Now, we have to approve this and get it up there with that one, is that what we're saying? = Mr. Bailey: Yes, we'll have to them both the same way and we will do that. Vice Mayor Dawkins: All right, let's... Commissioner Alonso: Exactly. Commissioner Plurtnner: Do we have the opportunity to see the lease? F� — Commissioner Alonso: Yes. Mr. Bailey: It's our property. ' = Commissioner Plummer: Yes.-- { Mr. Bailey: And we will make the lease. If we have to lease it to the —� County. Mayor Suarez: At this point, it's just a resolution that, that property would — be used for that purpose. It's not yet... Commissioner Plummer: OK, but I mean, is this lease a lease or is this conveying of the property... Mr. Ron Williams: It will be a lease, Commissioner Plummer, and we will bring that to you. Mayor Suarez: Well, it's intergovernmental, I mean, it's not like we're leasing it to any private party. _ Commissioner Plummer: But how long is the proposed lease? I don't understand — _ that. - a= — Mr. Williams: We haven't defined... — Mayor Suarez: We don't have those details yet. Mr. Williams: We haven't defined that term at this point, Commissioner _— Plummer, however, it's going to clearly be lengthy lease because we're talking = -- about major capital expenditure here. Commissioner Plummers But I mean, are you talking about 20 years, 15 years, what are you talking about? _ Mr. Williams: I'm talking... _ Vice Mayor Dawkins: We have not arrived at that... Mayor Suarez: Yes, we haven't decided that yet. Commissioner Alonso: We are talking about 20 years. Vice Mayor Dawkins: We're trying to get the money out of Tallahassee... Mayor Suarez: Just identifying the site right now so that we can proceed in Tallahassee and then we can gat to the fine points of the lease. But it would have to be a long term lease, you're right. Mr. Fiario: Mr. Mayor, if I may address the Commission... 229 February 7, 1990 Mayor Suarez: Who is the very nice gentleman... i Mr. Fiario: Thank you. Mayor Suarez: —if I may ask, who's sitting around smiling and obviously very interested in this whole issue? Mr. Fiario: All right, my name is Sergio... �- Vice Mayor Dawkins: He's the one they pay to do this. -- Mr. Fiario: My name is Sergio Fiario and I work for HRS... Mayor Suarez: Right. - Mr. Fiario: ...I am the person in charge... Mayor Suarez: Are you in agreement with everything, all this craziness that �I=_ = has taken place so far? �! Mr. Fiario: OK, it looks a little bit confused, but it's OK, I'm used to that :- — also in Miami. j< _ Mayor Suarez: So why don't you just go home and thank us and take care of }! whatever HRS is....? No?- = Commissioner Alonso: No, no, no, no....'� Mr. Fiario: I just wanted to make a small point, Mr. Mayor, with your — permission, with the permission of the... Mayor Suarez: OK, what's that point? You got permission. _ Mr. Fiario: The point is that we have a very strict deadline to meet. If we -_ do not get those lease agreements to Tallahassee next week, and the lease —� agreement for the Overtown city has not been submitted... _ Mayor Suarez: Not the lease agreements yet. Just a resolution... Vice Mayor Dawkins: It is not. = Mr. Fiario: They have not been submitted, sir. p- 4 Mayor Suarez: You want the lease agreement, or just the resolution that the - - site will be available for that? Mr. Fiario: We need the lease agreements, on both sites. Commissioner Plummer: Say, I haven't seen a lease. _ Mayor Suarez: OK. Mr. Armada: May I speak for a second, sir? Commissioner, Commissioner, you saw the lease agreement... Commissioner Alonso: Yes. Mr. Armada: ...that was brought before the regular City Commission meeting of January. Commissioner Alonso: Last - yes. Mr. Armada: And it was passed for the site in Little Havana which is Henderson Park. The problem was, that in the... Commissioner Alonso: Yes, yes, yes... Commissioner Plummer: That's a lease if it shows the site. Mr. Armada: ...yes, it was, Commissioner, it was passed. No, no, no, it was passed, sir. - 230 February 7, 1990 Mayor Suarez: And it had a lease attached to it already with lease terms and everything? Mr. Armada: Yes, it did, it had the lease agreement... Mayor Suarez: How many years since nobody seems to know? _ Mr. Armada: I believe the term was 20 years. Mayor Suarez: Commissioner Alonso seems to have a better memory than — everybody on staff. OK, go ahead. _ Mr. Armada: OK. Now, that particular lease agreement, when it was submitted _ to Metropolitan Dade County, who are the people that are going to build the _ _= actual clinic, the site was too small. There was a confusion on the site and = site was too small. The legal description that we submitted to you a month ago was incorrect. This resolution here, OK, is the method to resolve the = problem... - — Mayor Suarez: Correct to legal description. Mr. Armada: Exactly. This resolution, all that it does is it amends the legal description. That is all. _= Mayor Suarez: I'll entertain a motion on the correct resolution. Commissioner Plummer: Wait a minute. This, what I have in front of me, just _ given to me, says that you are expanding that which the Commission voted on — before. Mr. Armada: That is correct, sir. — Commissioner Plummer: We understand the dollar, but how much expansion? Mr. Armada: The expansion is I would say, substantial, because we had a small lot that was given to them about two lots only or I should say, a portion of two lots, now we're giving them the full length of the two lots plus another lot, full length, and a fourth lot except the what? -easternmost ten feet. So, yes... -1 Commissioner Plummer: Is this cutting into the tennis courts? Mr. Armada: Yes, it is, Commissioner. Commissioner Plummer: By how much? Mr. Armada: Well, I'll tell you. The two tennis courts that face most westerly, they are included in that legal description, sir. Commissioner Alonso: But still we have left four. Mr. Armada: That is - no, I think more than four, eight. Eight, we still have eight left. Commissioner Alonso: Eight, zoned. Commissioner Plummer: Eight tennis courts left? Commissioner Alonso: Yes. Mr. Armada: Yes. Mayor Suarez: OK, we can still play tennis at Henderson Park and also take care of our medical problems at the clinic. Commissioner Alonso: And who plays tennis there anyway? Mayor Suarez: And then go to Victoria Hospital, should be happy about that, Dr. Landa. All right, anybody on this matter? I'll entertain a motion so we can go on to the last two. 1 231 February 7, 1990 Commissioner Alonso: Yes, I move that, we approve. Mr. Fiario: Sir... Mayor Suarez: Are you going to speak again? Mr. Fiario: .lust very briefly. I wanted to tell you, on behalf of the state how thankful we are to the City for this first... Mayor Suarez: Oh, that's the wrong thing to do at this point! Mr. Fiario: ...for this first endeavor.... Vice Mayor Dawkins: Don't thank me till I know I got my slot. Now, let's wait till we finish with this, then you can thank me. Hold on, go on, go on, Commissioner... Mr. Fiario: ...the first endeavor. Its' the first time that we're going to have a public health clinic in Little Havana. The citizens of the Little Havana area will appreciate that very much and also the citizens of Overtown. What we are requesting from you is your effort in expediting the process so that I can get my hands on those two lease agreements and send them to Tallahassee. Mayor Suarez: Absolutely. OK, I'll entertain a motion then - Commissioner Plummer, you still have eight tennis courts. Go the hosp... Vice Mayor Dawkins: Don't leave, sir. Mayor Suarez: Go the hospital that you were born in. Commissioner Plummer: Go. Mayor Suarez: I'll entertain a motion on it. i Commissioner De Yurre: Moved. Commissioner Alonso: Yes, I say I move. Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Yes, I said I moved. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 90-134 A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 90- 17, ADOPTED JANUARY 11, 1990, BY MODIFYING THE LEASE AGREEMENT WITH METROPOLITAN DADE COUNTY, TO PROVIDE FOR THE USE OF A LARGER PORTION OF HENDERSON PARK PROPERTY, LOCATED IN MIAMI, FLORIDA, FOR CONSTRUCTION AND USE OF A PUBLIC HEALTH CLINIC, SAID LEASE BEING FOR A PERIOD OF TWENTY YEARS AT $1.00 PER YEAR. (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: - ! 232 February 7, 1990 FIRM AYES: Commissioner Victor be Yur.re Commissioner J. L. Plummer, Jr. -_ Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. — Vice Mayor Dawkins: Now, Mr. Bailey... Mayor Suarez: Got a little consternation here. Vice Mayor Dawkins: ...and somebody over there, you tell me that the lease agreement is in Tallahassee. Mr. Bailey: (Off Mike) No. Vice Mayor Dawkins: Now, this... what are you telling me? Mr. Bailey: I did not say that the lease agreement in Tallahassee... Vice Mayor Dawkins: OK. Mr. Bailey: ...the commitment for that site has already been submitted. We will do the lease and send it to them within this week. We'll probably have to bring it back to this Commission on the 15th for ratification. Vice Mayor Dawkins: All right, well he say he got to have it up there next week. Mr. Bailey: Well, I. was discussing with the representative that, all he - needed at the time was the site and the commitment of the site and that would be sufficient. I don't understand this particular discussion. Because we understood, at the time that we made the commitment. Vice Mayor Dawkins: OK, all right. How long does it take to get the lease agreement? Mr. Bailey: The lease department would do that this week. Vice Mayor Dawkins: This week? Mr. Bailey: In 15 days, yes. Vice Mayor Dawkins: How... all right, this week Monday, this week Tuesday, this week Thursday? Mr. Bailey: We will bring it back here on February the 15th Commission meeting. Vice Mayor Dawkins: No, we're going to do better than that, OK? See, we keep telling you people we are about to lose the money. Mr. Bailey: You tell us what to do. Vice Mayor Dawkins: All right now, and if necessary, I would ask the Mayor to call a special meeting, if we have to do that, and me or Commissioner Alonso catch a plane and take it to Tallahassee. OK? Because we... Mayor Suarez: We could fax it. Mr. Williams: Vice Mayor. Mayor Suarez: It's too expensive to send the two of you up there, plus you might do some other mischief. Vice Mayor Dawkins: I didn't say - I say one or the other. Mayor Suarez: That's good. I buy that. 233 February 1, 1990 Mr. Williams: If the City Commission would authorize us to enter into this lease agreement subject to the City Attorney's review and approval, we could put that document together on Monday, no later than Tuesday... _ Vice Mayor Dawkins: No, you see... Mr. Williams: ...have the Manager sign it and it most certainly could be in Tallahassee by that time, _ Vice Mayor Dawkins: The only problem I have with the, Mr. Williams, is you say here, to provide for use of a larger portion of Henderson Park, and you _ don't toll me what portion is larger than, OK? Mr. Armada: Yes, in the legal description, it's in there. Mayor Suarez: No, it's in here. Vice Mayor Dawkins: So I have a serious problem with... Mayor Suarez: It's in here, it's in here. Vice Mayor Dawkins: ...your not telling me. Mayor Suarez: It's in the resolution already that we are about to vote on. Commissioner Plummer: Not really, it gives you lot numbers, not square footage. Mayor Suarez: Yes, if you're an expert in figuring out the lots, it's there. And none of us are experts, so... Commissioner Plummer: Mr. Mayor, this meeting is closing in 19 minutes. Mayor Suarez: Yes, that's why I'm about to entertain the final vote on } this... Commissioner Plummer: Now 18 minutes. — Mayor Suarez: ...and if you get it all done by the 15th in final lease forms, we'll fax it up, or send it up with Commissioner Dawkins. All right? Mr. Williams: We'll bring it back to you. Mayor Suarez: Very good. OK, we have a motion and... Vice Mayor Dawkins: I'll have this by Wednesday? Mr. Williams: Yes. = Mayor Suarez: A motion and a second and he'll have it by Wednesday in its final form, hopefully final form... Vice Mayor Dawkins: Wednesday's OK? Mr. Fiario: Wednesday, if it's here you just give it to me on Wednesday, it's fine. Mayor Suarez: Very good. Vice Mayor Dawkins: Well, now see, they say they're going to fax it up. We'll give you a copy of what we fax. Commissioner Alonso: OK. Vice Mayor Dawkins: OK? Mayor Suarez: All right, call the roll. Vice Mayor Dawkins: All right, thank you. Mayor Suarez: it'll be finally approved on Thursday. 234 February 7, 1990 Mayor Suarez: I have no problem, but apparently he does, apparently he wants to see it. Didn't you hear? At least that's what I heard him say. i Vice Mayor Dawkins: Show it to him Monday. Got all day tomorrow. Mayor Suarez: No, it's you. Do you want to approve it and subject to Legal � Department reviewing the actual terms? Vice Mayor Dawkins: Yes. i Mayor Suarez: All right, I'll entertain a motion that... Vice Mayor Dawkins: Move it. -- Mayor Suarez: ...in that fashion. Commissioner Alonso: Second. Mayor Suarez: Second. As to the terms, the Legal Department has final say. Call the roll. He's smiling again back there. Who is that guy? The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 90-134.1 = A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY _ MANAGER TO ENTER INTO A LEASE AGREEMENT, IN _ SUBSTANTIALLY THE ATTACHED FORM WITH METROPOLITAN DADE COUNTY, FLORIDA FOR THE USE OF A PORTION OF THE CULMER CENTER PROPERTY, LOCATED IN MIAMI, FLORIDA, AS - DESCRIBED HEREIN FOR CONSTRUCTION AND USE OF A PUBLIC HEALTH CLINIC, SAID LEASE BEING FOR A PERIOD OF TWENTY YEARS AT $1.00 PER YEAR. (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 Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I'm going to vote with the motion, but I sure don't like doing business this way, I got to tell you something. This sounds like the Eastern Airlines syndrome to me. Commissioner Alonso: Oh, come on, no. 235 February 7, 1990 Aft ------------------------------------------------------------------------------ 48. CONFIRM ZONING BOARD'S DECISION - GRANT SPECIAL EXEMPTION FROM 9500 TO CONSTRUCT SURFACE PARKING LOT AS EXCESS PARKING CONCERNING PROPOSED RESTAURANT (VICTOR'S CAFE) TO BE LOCATED AT 2340 S.W. 32 AVENUE. ------------------------------------------------------------------------------- Mayor Suarez: Yes, item 45. Vice Mayor Dawkins: Forty-seven, forty-seven. Please, I'd like to hear —_ forty-seven, please. J' Commissioner Plummer: It's a hell of a way to run an airline. Mr. Mayor, we've got four issues, anyone of which could take an hour. Now, we're concluding this meeting in 17 minutes. I think we'd better choose what this Commission thinks is the most important one. Mayor Suarez: The next item on the agenda is 45. If Vice Mayor wants to take 47, thinking that, that could be done very quickly, we should get to item 45. It would be highly unfair to leave him out because that's the next item. Commissioner Plummer: Well, I'm not of Soloman to make that decision. Mayor Suarez: What about 46? What about 487 I mean, I'll be here all night for all I care, but we adjourn at 9:00. Commissioner Plummer: I've got to catch a plane at 6:00 in the morning. Iiuh? Commissioner Alonso: I do too. Mayor Suarez: All right, item 45, follow the agenda. Commissioner Plummer: Where are you going? Commissioner Alonso: Washington. Commissioner Plummer: My condolences. George Knox, Esq.: Thank you very much, Mr. Mayor and members of the Commission. My name is George Knox, and I represent Sonia Saldivar who operates a business known as Victor's restaurant, Victor's Cafe. On September 28th, you approved a special exception which allowed for the construction of surface parking adjacent to the site to service the restaurant. You also directed that the resolution include a condition, to use your words, that any addition to the restaurant which would require additional parking, would force a hearing before the Commission. In your back up packets, on page 27, there is a version of a resolution that we would propose that you approve containing that condition and I'll read it into the record. "This special exception is subject to the condition that a building permit must be obtained within 12 months and is further subject to the condition that any addition to the existing structure, which would require parking spaces in excess of those approved pursuant to this special exception, shall be subject to review of a parking plan and approval by the City Commission. And our simple request is, that you adopt that language as the condition that you set forth as a requirement. Mayor Suarez: What's wrong with the language? It seems to reflect what we intended to do, does it not, Jim? Mr. Jim McMaster: Jim McMaster, 2940 S.W. 30th Court, Coconut Grove. I don't think it does. They were talking about if they added on to the building. It appears that what they've done over there is they were supposed to replace the old nonconforming structure with a new conforming structure, and if they later wanted to increase the size of the building, they'd come back to you. If you go over there and just casually... Mayor Suarez: I thought it was more like if they were to change the use or size such that it would change the parking requirements. I thought that's what we were concerned with. 236 February 7, 1990 046 Mr. McMaster: Well, it appears what they've done is, according to what Mr.. _ Genuardi told you last time, and what Mr. Knox told you, I could read exactly what he says, but I won't bore you. They both kept repeating, there is no second floor to this building, there is no banquet facility being built now, _ but if we build them, we will cnme back to you. I think if you go over there and look, there's a complete second floor in this building. .And I'm wondering why, whether Mr. Genuardi was given the wrong plans, or whether they're building according to the plans on files, or what's happening hers? They've already built the banquet facility. Mayor Suarez: Yes, I thought the structure was pretty much built. Mr. McMaster: Yes, well, they've built the banquet facility that Mr. Knox promised you last time they would come and ask permission for. Commissioner Plummer: My understanding, Joe, is that, yes, in fact it is built but they cannot use it or occupy it without coming back to this —� Commission is my understanding. Mr. Knox: Provided that they don't have sufficient parking to accommodate... Commissioner Plummer: Correct. Mr. Knox: ...the use that they plan to make of the building. Mr. McMaster: I think what Mr. Knox is asking you to do is, if they need to pull a building permit in the future, they will come back. But what they've done is they've already built it. So... Commissioner Plummer: No, that's not what he's asking, as I understand it. My understanding is that if the day comes where they want to use that second floor, and they are not able to provide the number of parking spaces required by Code, then they've got to come back here. If they provide the adequate parking spaces, they don't have to. Mayor Suarez: That's what I understood it, Jim. Mr. McMaster: Well, if I understand... Commissioner De Yurre: That's my interpretation too. Mayor Suarez: That was the way I understood it. Mr. McMaster: Oh, if I understand correctly, the off site parking the transition use parking they got on September 28th was excess parking, not to be used for the second floor. And that if they wanted to use that parking for the banquet facility, they'd have to come back to you, I think would... I don't understand why Mr. Knox is back today except for, to in effJct, circumvent that. Mayor Suarez: You raised the specter at the time of a huge banquet facility there that would require all kinds of parking, and we wanted to make sure that if that ever took place, that they would have to come here I still think the resolution... Commissioner Plummer: Well, it was also the case, Mr. Mayor, that those two lots which were in question, were to be used for excess, because they had more than was necessary for the first floor without using those two, but they had purchased them and they wanted to use them, and the question then resolved was, could they use that in their configuration for Code compliance for a second floor? I think that's where the real difference comes. Mayor Suarez: Because of what? -FAR? Commissioner Plummer: No, because of needed parking. Mr. McMaster: Oh, the fact is the... Mayor. Suarez: That the additional square footage would require additional parking. Commissioner Plummer: Correct. 237 February 7, 1990 Mr. McMaster: The real problem with their tearing the original building down, then there was all the discussion about is it nonconforming or not? The - discussion was, was the parking problem. The building that they rebuilt, the nonconforming structure that they have rebuilt new, today, is nonconforming because it does not have the required parking. And then on top of that, they have built the second floor which they then want to use this off site parking for the second floor. They told you the last time that there was no second floor.. I can read you the quotes from Mr. Genuardi and Mr. Knox indicated there was no second floor, but it's there. Commissioner Plummer: I think simply said... _ Mayor Suarez: I don't remember that part, I think they Mr. McMaster: Well, I got it right here, I got... Mayor Suarez: ...we don't have any intention of having a banquet hall here on the second floor, but if we do, we'll have to come back to you., That's the way I remember. Mr. McMaster: Old Joe Genuardi.. Commissioner Plummer: I think simply put is this, as I recall, what you're trying to bring out is that the excess parking, if a banquet facility, would still remain excess. Mr. McMaster: What they said was, there would be no banquet facility. Mr. Genuardi stated, quote, "There is no second floor. There are partial mezzanine areas which are not usable space. They are going to be using that to put plants and things like that, but is no second floor end." And Mr. Knox stated, "If they build a second story and it has some negative impact on the parking requirements," and he goes on, "...I will come back to you." Mayor Suarez: That's what I think he's submitting today. Mr. Knox: And that's very important and that's entirely accurate. Thank you, Mr. McMaster, Mr. McMaster: So they're... Mayor Suarez: I think that's what he's submitting today. If there are additional parking requirements, they'll understand that they must come to us. Mr. Knox: Yes, sir. _ Mr. McMaster: So, if I understand correctly, the structure, as it opens soon, they will not be able to use the second floor? Mayor Suarez: If it• requires additional parking without Commission consent. Mr. McMaster: In other words, if they do not have the required parking on site, excluding the transition use parking spaces that they got... Mayor Suarez: Ah, that's a little trickier. Does that... Mr.. Knox: Conforming to the Code, they will make whatever use of property that is available to them conforming to the Code requirements respecting parking. Mayor Suarez: Code requirements including the approval of transitional parking facility or the Code requirement that? Mr. Knox: The Code will allow them to utilize the parking spaces that they now own in service to the restaurant. This Commission's concern was with off site or satellite parking and the applicants have indicated, on the record, consistently, that they will not do anything on the property that will require any parking in excess of that that they have and own at the present time. And the answer to Mr. McMaster's rhetorical question, is yes, they plan to count k to 31 spaces that they have as excess as satisfying the parking requirements because they own them and they assert that they have a right to utilize them, and this would not have a negative impact - the negative impact that the 238 February 7, 1990 Commission was concerned about if they're allowed to do that. They are relinquishing their right to obtain satellite parking as a demonstration that -- they don't plan to create a facility that will have a negative impact on the _ park. '- Mr. McMaster: I would respectfully request that the Commission could get an "as built" survey and could have the Building and Zoning Department check and see how many spaces it actually needs. Because it's my under.... Mayor Suarez: Oh, we can very much ask for that. That's no problem. Mr. McMaster: Because I don't really know whether the building they built is what... Mayor Suarez: You say an "as built" survey if you want us to go spend a lot of money. I mean, I think they can do that in-house. Guillermo's real good going out there with his ruler... Mr. McMaster: It was my understanding that they would come back for a publicly noticed special exception if they wished to use this off site parking - =; for a future second floor. When, in reality, the second floor was under y construction when they came here on September 28th. Mayor Suarez: Of course, we don't know what they're going to use it for. It could be just like was stated before by Mr. Genuardi, like a mezzanine or half mezzanine, I don't know. I haven't been in there. Mr. McMaster: What I'd respectfully request is that the Commission rule today that they will reaffirm what they ruled on September 28th, was that if they —_ wished to use the second floor for a restaurant or a banquet facility, that they come back for a special exception. Vice Mayor Dawkins: But Tim, that's not before us. Mr. McMaster: Pardon me? Vice Mayor Dawkins: That's not before us. What's before us is clarification = of City Commission intent at the time of adoption of resolution 89-865, clarification. That's all before us. Mr. McMaster: And I would submit, respectfully, that if you read this, what you said was and what Mr. Knox agreed to was, if they wanted to construct a second floor in the future for banquet facilities, they would come back for a special exception to get - I think what he's asking for... Mayor Suarez: Only if it required additional parking that was otherwise not in conformance with existing zoning. Because what they have done is built a second floor without the parking and have gotten a special exception for something else, and are now asking to apply that to this. Commissioner De Yurre: Well, it's already been built. Can't do much about that. Mayor Suarez: They've got the legal park in there, I don't... Mr. McMaster: I think what we've got here is the nonconforming structure which is all new, a brand new building, so that makes 60 parking spaces short. And then they're going to add on a second floor and provide the required parking for the second floor itself. Mr. Knox: Mr. Mayor, with all due respect and with all due respect to Mr. !McMaster, he is rearguing a point that he attempted to make on September 28th that the Commission considered at thattime and rejected. The reason. that we are before the Commission is simply to ask the Commission to adopt the language that we have suggested as a condition that it, the Commission, imposed, and to incorporate that in the resolution that is formally adopted on September 28th related to this very same subject. Mayor Suarez: I have no problem with the wording. I've heard... Mr. McMaster: Could I suggest one more thing, Mr. Mayor? 239 February 7, 1990 Mayor Suarez: Jim, I can't imagine because we've got other items. 75 Mr. McMaster: Could I ask the Law Department, could you request that the Law Department read what was discussed by the Commission? Mayor Suarez: I presume that the Law Department has read and is satisfied with the form of the proposed restriction. If not... ZiR Mr. McMaster: Are they? Has the Law Department read the minutes of the last meeting? Mayor Suarez: I'm asking the questions, Jim. Vice Mayor Dawkins: OK, Mr. Mayor, I mean, in respect to all, we got six minutes, we got eight items. I move this resolution, I mean, this clarification, if that's what it takes. Mayor Suarez: Madam City Attorney, are you satisfied then on the form? Miriam Maer, Esq.: Mr. Mayor, I'd have to state that after discussing the matter with the staff and after reviewing the transcript, my opinion, in fact, is what is set out in the resolution just before the one that Mr. Knox read, which would be referred to on page 24 of your record. The difference there is that from our very careful review of the transcript, word by word, it appeared to us that, in fact, any change from the exact structure that was presented to you in your September hearing, whether it be an increase in the size of the building from 11,000 to something greater than 11,000, or an increase... Mayor Suarez: Square feet. Miriam Maer: Square feet, thank you. Or an increase in the number of parking space to be required. Even if it meant using what, in this resolution, would have been referred to as excess, to then use that as required or an increase in the number of parking lots, we felt that the transcript indicated that any of those changes would required to be brought back to the City Commission. Mr. Knox: Which, Mr. Mayor, is precisely why we asked for the clarification and... Mayor Suarez: Yes, I think... Mr. Knox: ...I think that your intent, the intent of the policy makers, has been manifest on this record in spite of the fact that we deeply appreciate the interpretation that has been rendered by the staff. Mayor Suarez: I have no problem. I've heard the two versions and I have no problem voting on it. If any Commissioner does, then let him speak now or forever hold his peace. Commissioner De Yurre: I'll second the motion. Mayor Suarez: Second the motion on the clarifying language. Any discussion? If not, please call the roll. Ms. Maer: Let me just clarify because, of course, the City Commission is the best interpreter of exactly what transpired and what their language was, that, in fact, the motion that you are approving is as Mr. Knox stated at the beginning of this hearing and, in fact, to be quite specific, is on page 27 and is J 89-884 (b). Mayor Suarez: Thank you for identifying it for the record. Mr. Knox: Yes... Commissioner De Yurre: That's correct. Mayor Suarez: Call the roll. Commissioner Plummer: Let me ask for clarification. Mayor Suarez: I'm sorry, Commissioner Plummer. 240 February 7, 1990 Commissioner Plummer: How many parking spaces are presently provided? -total = number, without a second floor? See, I'm concerned, let me tell you my area r of concern, is that if they have to get additional parking, they're going to —_ have to deeper encroachment into the residential area. That's my concern. Mr. Knox: And that's what we would have to come back to you before we're able to do. Commissioner Plummer: OK, my question still remains. flow many parking spaces are they presently providing without the second floor use? Mr. Knox: The number is 63, Mr. Commissioner.. Commissioner Plummer: Sixty-three? Mr. Knox: Yes, sir. Commissioner Plummer: That's with the transitional use? Mr. Knox: No, air. Commissioner Plummer: How many with the transitional? Is that an additional 31? Mr. Knox: Yes, sir. Commissioner Pliunmer: So, you're providing 91 total? Mayor Suarez: Ninety-four is my count, but... Commissioner Plummer: Ninety-four? Mr. Knox: Yes, air. Commissioner Plummer: All right. Now, what would be the Code requirement if they utilized the second floor for a banquet hall? Mr. Rodriguez: What is the size of the second floor banquet hall? Commissioner Plummer: I don't have the slightest damn idea. Mr. Rodriguez: I know, I know, I'm asking the... Commissioner Plummer: Well, here, I go back to the same resolve and I'm not going to get into the legalese language, the question resolves, can they meet Code if they are operating the restaurant and the banquet hall in 94 spaces? That's the question. Mr. Olmedillo: They probably will because they have... Commissioner Plummer: I don't want probably will. Mr. Olmedillo: They will be able to because they have a grandfathered portion. They have the grandfathered portion which is the old footprint of a restaurant and the old parking which was... Commissioner Plummer: So, you're telling me that they meet Code with 94 spaces if they operate the downstairs as well as the upstairs? Commission Alonso: Yes. Mr. Olmedillo: They will. They will because... Commissioner Plummer: OK, that's my concern, OK? That they're providing adequate parking. I think that's been the concern of this Commission all the way through, that there was adequate parking. Mr. McMaster: The restaurant needs a hundred and ten. I don't know about the second floor, I don't know how big it is. Commissioner Plummer: Well, now, hold on a minute. Now somebody is giving me some - you're not my professional and if you're right and they're wrong, you're going to replace them. 241 February 7, 1990 Mr. McMaster: I think I am, I think I am. Commissioner Plummer: Sergio... — Mr. Rodriguez: Sorry. Commissioner Plummer: ...this gentleman is saying, and I'm not saying he's right, that the restaurant itself requires 110 spaces. W Commissioner Alonso: It's a nonconforming. - Mr. Rodriguez: The issue is this. The portion that was existing there before was grandfathered meaning that the parking that they had there provided existing before your approval, is found to be sufficient for the restaurant that was there. The reason I asked the question, what is on the second floor, is because depending on how much they put, it might go beyond the 31 that you approved for excess parking. _ r Mr. Knox: And that's when we have to come back to the Commission. Mr. Plummer: You haven't told me a damn thing. Commissioner Alonso: They have 3,000 in the second floor. Mayor Suarez: But, if, in fact, whatever they're going to do upstairs requires additional parking over and above the 94 spaces, aren't they saying _ with this resolution that they'll have to come back for approval? — Mr. Knox: Yes, sir. Mayor Suarez: So don't we automatically have oversight? Mr. Knox: Yes, sir. Mayor Suarez: I hear an echo. Commissioner Plummer: Sergio... Mr. Rodriguez: The issue was, whether that was the intent of your action that day. Mayor Suarez: That sounds close enough to our intent for me to vote on, I'll tell you that. Commissioner Plummer: Well, Mr. Knox is agreeing to that. Mr. Knox: Yes, sir. Commissioner Plummer: That if, in fact, that the 94 are not sufficient, they've got to come back here. Mayor Suarez: OK. We have a motion and a second. If not, call the roll. Any further discussion? 242 February 7, 1990 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 90-135 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND GRANTING A SPECIAL EXCEPTION FROM ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 20, SECTION 2018, SUBSECTION 2018.2.1, FOR THE CONSTRUCTION OF A SURFACE PARKING LOT FOR. THE PARKING OF PRIVATE PASSENGER VEHICLES ONLY AS EXCESS (NOT REQUIRED) PARKING, AS PER PLANS ON FILE, FOR THE PROPOSED RESTAURANT LOCATED AT 2340 SOUTHWEST 32 AVENUE, MIAMI, FLORIDA, FOR THE PROPERTY LOCATED AT 3224 SOUTHWEST 23 STREET, MIAMI, FLORIDA, AND APPROXIMATELY 3221 SOUTHWEST 23 TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED RG-1/3 GENERAL RESIDENTIAL (ONE- AND TW-FAMILY); THIS SPECIAL EXCEPTION IS SUBJECT TO THE CONDITION THAT A BUILDING PERMIT MUST BE OBTAINED WITHIN TWELVE MONTHS AND IS FURTHER SUBJECT TO THE CONDITION THAT ADDITION TO THE EXISTING STRUCTURE WHICH WOULD REQUIRE PARKING SPACES IN EXCESS OF THOSE APPROVED PURSUANT TO THIS SPECIAL EXCEPTION SHALL BE SUBJECT TO REVIEW OF A PARKING PLAN AND APPROVAL BY THE CITY COMMISSION. (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 Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Knox: Thank you very much. 49. DISCUSS AND TEMPORARILY TABLE PROPOSED SECOND READING ORDINANCE AMENDING SCHEDULE OF DISTRICT REGULATIONS OP' 9500 - TO CHANGE UNIT DENSITY CAP, DELETING STORIES, ADDING NEW ZONING DISTRICT CLASSIFICATION OF "CON. CONSERVATION" BY AMENDING AT LAST, etc. (See label 51). Mayor Suarez: Item 46, second reading. Commissioner De Yurre: Move. Vice Mayor Dawkins: Second. Mayor Suarez: Moved and seconded. Who's here on item 46? This is a public hearing... Vice Mayor Dawkins: Everybody. Mayor Suarez: That's favorable to item 46? UNIDENTIFIED SPEAKER: No. Mayor Suarez: Against item 46. Commissioner Alonso: Against? 243 February 7, 1990 Commissioner Plummer: And it's aver 9:00 o'clock, Vice Mayor Dawkins: That's it, then. �-- Mayor Suarez: Sounds to me like the item will not be able to be voted on _ tonight, if my colleagues want to enforce the rule that we quit at 9:00. L Commissioner De Yurre: Let's try another one. Commissioner Plummer: No, it's after 9:00, let's don't try another one. Commissioner De Yurre: Well, let's see if we can get another one completed. UNIDENTIFIED SPEAKER: Mr. Mayor, can we say something word? Can we say a word, please, Mr. Mayor? This is the fourth time we've come here with this item, Mr. Mayor. Last time in December 14, we were here at 9:00 o'clock and Mr. Plummer talked to this lady here and... Mayor Suarez: This is a very comprehensive item that involves many, many, -- many parcels and we've got it to the point of second reading. _ a- UNIDENTIFIED SPEAKER: Well, then it was changed from December 14th to January 25th. Then this .lady told Mr. Plummer that she was unable to be here on January 25th and then Mr. Plummer changed it for today. And this is fourth time we come here, you know. Commissioner Plummer: As far as I'm concerned, I got no problem with it, UNIDENTIFIED SPEAKER: Doctors, and lawyers and everybody here. Mayor Suarez: Well, but you've got one reading already so we're awfully close to completing consideration of this because we're on second reading. UNIDENTIFIED SPEAKER: Then, Cesar, we'd appreciate you can give us a certain date, you know. 50. DISCUSS AND TEMPORARILY TABLE CLARIFICATION OF LEGISLATIVE INTENT OF _— MOTION 89-918 - REVOCATION OF PERMIT PREVIOUSLY GRANTED TO MUNICIPAL TRUST FUND CORPORATION FOR USE OF FERN ISLE NURSERY SITE, GRANTING APPROVAL, INSTEAD, FOR MUNICIPIO'S USE OF ALTERNATE SITE AT N.W. 22_ AVENUE AND 11 STREET (See label 52). Mayor Suarez: Let me just hold for a second. Is there any dispute as to item _ 47, Mr. Ron Williams? -_ 4 UNIDENTIFIED SPEAKER: -----forty-six. Mayor Suarez: Please, please, please. I'm asking about 47, if you'd give me a aecondl Is there any dispute about item 47 or can we take very quick action on that? Mr. Sergio Rodriguez: No, it's going to take a while. Mayor Suarez: Why? Commissioner Plummer: Yes, oh, you got the neighbors out. Mr. Rodriguez: You have the neighbors on one side and the request to put the Municipios in one of the two places and you have the report from the departments as to the pros and cons of each one of the decisions. It's going to take... Mayor Suarez: But, if we choose one of the two places that was not controversial, then we have no one against it. UNIDENTIFIED SPEAKER: Right. 244 Pebrusry 7, 1990 Commissioner Plummer: No, but then you got the administration telling you, you got $2 million to spend on the other, one. Commissioner Alonso: Oh, my God. Commissioner Plummer: OK. UNIDENTIFIED SPEAKER: Forty -•seven years. Mr. Virgilio Roman Gonzalez: May I say something, please? Al Cardenas, Esq.: Yes, forty-seven. Mr. Gonzalez: I'm the neighbor on llth Street and 22nd Avenue. Mayor Suarez: Sir, if you're going to address the Commission, you're going to have to come up to the mike. Both sound like they're controversial, folks, I'm sorry. Mr. Gonzalez: It's not going to be too long , it's going to be easy. I'm the neighborhood in llth Street and 22 Avenue right across the street. My name is Virgilio Roman Gonzalez. I live at 930 N.W. 23rd Avenue. We have in my neighborhood only one notification in fourteen neighbors, we all own the house. The lady and all of the neighbors. We don't only one notification and we come in six people with one notification. We don't have any other one and in any of the house. I don't know why, because we have a mail everyday, that mean that thing never be mailed to us. Mayor Suarez: And if we held the item today, you would be against the... Mr. Gonzalez: I'm against the moving the location for the Municipios, Cuban Municipios... UNIDENTIFIED SPEAKER: From 40th Street to 14th Street, N.W., and 24 Avenue, they're going to move that place to right in the back to the parking, we got a parking there on llth Street where the children play and everything. Besides that, it's a lot of apartment around there. Is a lot of old people live there and... Mayor Suarez: Are they against the Fern Isle site or are they against the other site? Mr. Rodriguez: I believe they are against the Fern Isle site. I believe. UNIDENTIFIED SPEAKER: Let me tell you something, Mr. Mayor. You know what? Between 24th Avenue, not right now, and 14th Street, used to be the policeman and the apartment now they going to move that from here and you know what happened when they had that party sometime you can't sleep. Even it's a little far is awful. You can't sleep, you can't do anything. Mayor Suarez: OK, I just wanted to know if you were against the Fern Isle site and it sounds like it would be controversial then. Mr. Cardenas: Well, there are over... Mr. Mayor, there are over sixty... Mr. Gonzalez: Let me tell you something... Mayor Suarez: Wait, wait, wait. I haven't recognized you again, sir. You already spoke which is more than a lot of the other folks that have been waiting to be heard here have been able to do. Mr. Cardenas: Mr. Mayor, for the record, my name is Al Cardenas, and there are over fifty people from the Municipios who've been here, as you know, for quite a few hours in support of a matter which now we've been before you, this is the fifth time in the last few months. And we had hope that this fifth might be the final time in terms of the disposition and, of course, we have the president of Municipios and Mr. Rony Varona and the number of other distinguished people who've been here for quite a while. Mayor Suarez: What is the story on the other site? -the one that is not Fern Isle. Somebody, Dr. Prieto, anybody? 245 February 7, 1990 Mr. Luis Prieto: I'd like to show you a transparency on this, sir. Mayor Suarez: Don't shop► me any transparency. What is the story on the other site? -the one that's on 22nd Avenue? Mr. Prieto: OK, the one on 22nd Avenue, sir, if we gave that site to them, there are two major problems. One, we would have to cut through the park to give them public access... Mayor Suarez: Through which park? Mr. Prieto: South Fern Isle Park. That would mean we would have to cede to them about half an acre of the park just to get them into the site. The second thing is they would have to stabilize the shore of the park in order to be able to have that access. Mayor Suarez: The site that is not Fern Isle? -is he talking about? Still, it's so close to Fern Isle that you have to access it through Fern Isle? Mr. Prieto: That's right, sir, because our access, right now, is through an agreement with DOT on DOT property. Mayor Suarez: That was the issue of DOT, but that's only half an acre that we lose. That's a heck of a lot better than losing what was it? -three acres on the other concept? Commissioner De Yurre: Well, hold it, that's part of - they play baseball there. There's a lot of activity there in that park. Mr. Prieto: Exactly, sir. And... Mayor Suarez: What was the other problem? -just now that we know one. Mr. Prieto: The other problem is they would have to stabilize their shoreline of the south fork and, as you know, that's a contaminated river. We would have to produce an environmental impact statement for our site because we treat storm waters, material there - I think it's a very complicated issue, I have a recommendation for the Commission to use the north Fern Isle Nursery and I believe that we can accommodate the park requirements of the residents there. I believe that Mr. Al Cardenas has prepared a nice site study of that site... Mayor Suarez: The Fern Isle site? Commissioner De Yurre: No, the nursery. Mr. Prieto: The nursery site on the north side on 14th Street, sir. Commissioner De Yurre: OK, you recommend the one on 14th Street? Mr. Prieto: Yes, sir. Commissioner De Yurre: OK, fine. Do we have any opposition to 14th Street? OK, let's hear it, you're on. Mayor Suarez: OK, we're going to go ahead and hear this item then. 246 February 7, 1990 51. (Continued Discussion) BRIEF DISCUSSION AND CONTINi,ANCE TO FEBRUARY 15TH - MEETING PROPOSED SECOND READING ORDINANCE AMENDING SCHEDULE OF DISTRICT REGULATIONS OF 9500 - TO CHANGE UNIT DENSITY CAP, DELETING STORIES, ADDING NEW ZONING DISTRICT CLASSIFICATION OF "CON. CONSERVATION" BY AMENDING ATLAS, etc. (See label 49). UNIDENTIFIED SPEAKER: Excuse me, Mr. Mayor, what happened to 46 that you were in the middle of? Mayor Suarez: Forty-six, there was no possible way to contemplate it and still finish the last item at 9:00 p.m., Counselor, so the best we can do is continue it for the next hearing. UNIDENTIFIED SPEAKER: Is there a way, sir, you can set it for a time certain? You did last time specifically for 5:00 o'clock, told us to be here at. 5:00 o'clock... Mayor Suarez: Isn't this the entire? - well let me check something. UNIDENTIFIED SPEAKER: ...promptly published it for 6:00 and then have us sitting here for four hours. Mayor Suarez: Please, please, please. I got you. Isn't this the entire revision of 9500 which includes all kinds of... Mr. Rodriguez: Five o'clock. Mr. Olmedillo: No. Mr. Rodriguez: Yes, you have... Mayor Suarez: More than one issue, I mean, it's not like just one dispute. UNIDENTIFIED SPEAKER: You got 20 issues, probably, sir. Mr. Rodriguez: This is... Mr. Mayor, this is the rezoning of the comprehensive - of the whole City to comply with the comprehensive plan. You will have, on the 15th, the rezoning - the zoning ordinance and the new application of the zoning ordinance to the whole City which is a separate issue. Mayor Suarez: Separate issue. OK, on the comprehensive plan... UNIDENTIFIED SPEAKER: No, no... Mr. Rodriguez: The rezoning. UNIDENTIFIED SPEAKER: No, no, no. Mayor Suarez: When could we handle item 46 that would make sense at a time certain? Mr. Rodriguez: If you want to have it on the 15th, I would suggest that you have it, for example, at 6:30 or 7:00 o'clock. Depending on how .Long you take tonight to... Mayor Suarez: Is it realistic to think that we're not going to have these people here waiting for, you know, four hours then to not have their item be heard? Mr. Rodriguez: Well.... UNIDENTIFIED SPEAKER: Four times. Mayor Suarez: Yes, well some people tell me three, some tell me four, you know, we're just doing the best we can. Mr. Gonzalez: No, no, four, I have the paper. / 247 February 7, 1990 Mr. Rodriguez: The problem with this... Mr. Gonzalez: I have the paper with me - four. _ Mayor Suarez: Whichever, it's still too many. I mean, it's too many for you and it's too many for us. I guarantee you. F Mr. Rodriguez: The problem with this item 46, is that you have to have it after 5:00 o'clock. Mayor Suarez: After five. Mr. Rodriguez: And that's one of the... Mayor Suarez: OK, the best thing we can do on item 46 and I'll entertain a motion to that effect, is to hold it at 7:00 p.m. on the 15th and somehow on a Planning and Zoning agenda day, I hope that my fellow Commissioners allow us to go through the agenda. Don't come up with too many unnecessary discussions, please. UNIDENTIFIED SPEAKER: But you cannot complete the hearing in two holxrs. Commissioner Plummer: Wait, wait, that's easy to do, OK? You want to do this one on the 15th? -7:00 o'clock, nothing else on the agenda, period, amen, that's it. Mayor Suarez: Well, put it this way, we'll have to push whatever else is happening right before 7:00 off to after this item is heard so we, for sure, will hear at 7:00 o'clock, on a time certain. Commissioner Alonso: Seven Vice Mayor Dawkins: I agree with the Mayor. All of us need to stop philosophizing and get through the agenda. Mayor Suarez: OK, and remind me, as 7:00 o'clock approaches, that we must finish whatever other item we're on so that we can take that one up at 7:00 o'clock on the 15th. Mr. Rodriguez: OK, that's 46. - Mayor Suarez: Forty-six. I'll entertain a motion continuing item 46 for a time certain. Commissioner De Yurre: Moved. UNIDENTIFIED SPEAKER: Wait a minute, I want to talk. Mayor Suarez: On the 15th at 7:00 p.m. Commissioner De Yurre: Moved. Mayor Suarez: Moved. Commissioner Dawkins: Second. Mayor Suarez: Seconded. Sir, you wanted to address that particular motion? UNIDENTIFIED SPEAKER: Number 46. Mayor Suarez: The fact that we are about to continue it for 7:00 p.m., tima certain, on the 15th. UNIDENTIFIED SPEAKER: I'm objecting to 7:00 o'clock, because it's going to be 4:00 o'clock before you get to it. We got half of these people... Mayor Suarez: No, we're going to - whatever else we're doing, we're going to stop doing at that time. UNIDENTIFIED SPEAKER: Why can't we have it at 9.00 o'clock in the morning first thing? 248 February 7, 1990 Mr. Rodriguez: You can't do Mayor Suarez: It's got to be after 5:00 by state law. UNIDENTIFIED SPEAKER: Why? Why state law says 180 days you got to have it. This has been longer than 180 days. Mayor Suarez: No, no, but state law says that any item that affects more than. 5 percent of the City's property must be heard after 5:00 p.m. OK, we have a motion and a... UNIDENTIFIED SPEAKER: But there's a time frame of 180 days that's got to be involved. Would you answer that, Sergio? Mayor Suarez: Well, those are recommendatory, but this one is absolutely mandatory. It would be illegal if we did it other than after 5:00 p.m., I'm sorry to tell you. Mr. Rodriguez: You're correct. UNIDENTIFIED SPEAKER: To get these people out at night and we need people out. Mayor Suarez: Well, I'm following... Mr. Rodriguez: We have been trying to comply with that. Mayor Suarez: I am following my planning director. OK, we have a motion and a second on that. Call the roll. ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY COMMISSIONER DAWKINS, ITEM 46 WAS RESCHEDULED TO THE CITY COMMISSION MEETING OF FEBRUARY 15, 1990, AT 7:00 P.M., 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. 52. (Continued Discussion) DISCUSS AND CONTINUE TO FEBRUARY 15TH MEETING CLARIFICATION OF LEGISLATIVE INTENT OF MOTION 89-918 - REVOCATION OF PERMIT PREVIOUSLY GRANTED TO MUNICIPAL TRUST FUND CORPORATION FOR USE OF FERN ISLE NURSERY SITE, GRANTING APPROVAL, INSTEAD FOR MUNICIPIO'S USE OF ALTERNATE SITE AT N.W. 22 AVENUE AND 11 STREET (See label 50). Mayor Suarez: Now, objectors to the idea that Commissioner De Yurre described... Commissioner De Yurre: Fourteenth Street. Mayor Suarez: ...and our staff recommends for the Municipios house. Go ahead. Ms. Johnnie Hoppe: First of all, my name is Johnnie Hoppe, and I live right across the street... Commissioner Plummer: Wait a minute, I object. The policy of this Commission, it would take three votes to overrule and I have not heard a motion to change that. Mayor Suarez: Well, it's the item that we're handling at 9:00 p.m. 249 February 7, 1990 Commissioner Plummer: Tonight? -- Mayor Suarez: This is the item that we were handling at 9:00 p.m. It's the last one. Commissioner Plummer: This is not the item we were handling at 9:00 p.m., we were handling Victor's Cafe. Mayor Suarez: We were about to handle at :+:00 p.m. Commissioner Plummer: Mr. Mayor, I've got to get on an airplane tomorrow at ` 6:00 o'clock to represent this City... Commissioner Alonso: Me too, me too. Commissioner Plummer: ...and I'll tell you something, I'm tired. I've been through 12 hours today and you can't ask a person to spend more than 12 hours and sit here and intelligently make decisions. Now, let's put it off, it's unfortunate, I'm sorry, but I am human and, damnit, I can't sit more than 12 hours. If you want to hear it, fine. The three of you hear it. Mayor Suarez: Please, please, please. It is Commission policy, he's right, we didn't get to it prior to 9:00 p.m. Commissioner De Yurre: Well bring it and line them up. Mayor Suarez: When can we schedule this for the 15th? I'm sorry to have to bring everybody back one more time. It's important enough to hear... UNIDENTIFIED SPEAKER: Mr. Mayor, may I request a fixed time too for this item, is the first time... Mayor Suarez: We're going to try for that, Julio. We're going to try for that. UNIDENTIFIED SPEAKER: So that this everything else and... Commissioner Alonso: Yes. Commissioner Plummer: After 5:00 o'clock, make it 5:00 o'clock. Commissioner Alonso: Fine. Mr. Rodriguez: Mr. Mayor, the 15th you already have scheduled and advertised items at 5:00 o'clock, by law. _ Mayor Suarez: OK, we're going to move the first one of those back because it has not been postponed a total of four times like this has and we're going to _ hear this one at 5:00 p.m. and I'll entertain... Al Cardenas, Esq.: But why does this have to be after 5:00 p.m.? Mr. Rodriguez: It doesn't have to be after 5:00. Mayor Suarez: Because, presumably, they can be here after 5:00 p.m. _ Vice Mayor Dawkins: One of the ways you can avoid this is what items be left over, start them first. I don't know why we don't...... - Mayor Suarez: At time certain... - Mr. Cardenas: Well, but this is the fourth time we've been here. UNIDENTIFIED SPEAKER: I run a business too. Mr. Rodriguez: Because advertisements... Mayor Suarez: This one will have to have preference at 5:00 p.m. I'll entertain a motion to that effect. That's the best time we can come up with. Commissioner De Yurre: Moved. 250 February 7, 1990 Mayor Suarez: Moved. Commissioner Alonso: Second. Commissioner Plummer: You know, I want to remind all of you, this is to my colleagues, we said we would try 60 items of an agenda and 60 items are not working. Mr. Odio: We got forty. Mr. Rodriguez: Forty-eight. Commissioner Plummer: Then we need to cut it from forty. Mr. Odio: We had forty... Commissioner Plummer: I'm telling you. We are not getting finished agendas and its wrong that people have to come back time after time after time. Now, if it needs to be 30 items on an agenda, let's cut it. Mayor Suarez: We're also rehashing items time and again because people want to philosophize about their views on certain things, but call the roll on the motion. ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY COMMISSIONER ALONSO, ITEM 47 WAS CONTINUED TO THE COMMISSION MEETING OF FEBRUARY 15, 1990 AT 5:00 P.M. BY THE FOLLOWING VOTE: AYES: Commissioner Victor De Yurre Commissioner J. L. Plununer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: I need a lot of help complying with the promise to them of 5:00 p.m. and the promise to the other group for 7:00 p.m.. That means I don't, Mr. Manager, please, need your staff people to sort of - the one who helps me with the agenda in particular - I want him to please alert me as the times approach that we have made a promise of 5:00 p.m. time certain and 7:00 p.m. You know who I'm talking about. Mr. Cardenas: In other words, Mayor, this will be the first item on the 5:00 o'clock agenda. Mayor Suarez: Exactly. Talking about Aurelio, Aurelio has got to be on top of this or you, Mr. Manager, or you, Mr. Rodriguez. 251 February 7, 1990 53. (A) AUTHORIZE EXECUTION OF CONSENT FOR COLLATERAL ASSIGNMENT OF CONCESSION AGREEMENT FROM TERREMARK AT DINNER KEY, INC. TO — FLORIDA INTERNATIONAL BANK. (Note: This action was immediately -- rescinded - See label 53 (B). = - (B) RECONSIDER PREVIOUSLY PASSED RESOLUTION WHICH HAD AUTHORIZED CONSENT FOR COLLATERAL ASSIGNMENT OF CONCESSION AGREEMENT FROM TERREMARK AT DINNER KEY, INC. TO FLORIDA INTERNATIONAL BANK - CONTINUE CONSIDERATION OF THIS ISSUE TO NEXT. COMMISSION MEETING. -- ----------------------------------------------------- -------------------------- Mayor Suarez: Mr. City Attorney, you have an item you wanted us to handle? _ Commissioner De Yurre: Mr. Mayor, I think 48 is noncontroversial. UNIDENTIFIED SPEAKER: Forty-eight. Mayor Suarez: You want to move 48? Commissioner De Yurre: I move 48. Second? Commissioner Alonso: What, 48? Commissioner De Yurre: Forty-eight. Commissioner Alonso: Yes, second. UNIDENTIFIED SPEAKERS Can we have more Commission Meetings instead of just two a month. Mayor Suarez: You've not been recognized, sir. We're voting on an item. Item 48 has been moved and seconded. It is the only noncontroversial item that I've heard in the last couple of hours. In which case we're going to vote if there's no further discussion. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 90-136 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR A COLLATERAL ASSIGNMENT OF THE CONCESSION AGREEMENT FROM TERREMARK AT DINNER KEY, INC. TO FLORIDA INTERNATIONAL BANK, DATED SEPTEMBER 25, 1979, AS AMENDED ON NOVEMBER 26, 1986 AND ON OCTOBER 31, 1989 AND WHICH REQUIRES CITY APPROVAL OF ANY ASSIGNMENT OF THE SAID CONCESSION AGREEMENT; SAID ASSIGNMENT WILL ENABLE TERREMARK TO OBTAIN WORKING CAPITAL TO FINANCE IMPROVEMENTS PERFORMED AT THE HAVANA CLIPPER RESTAURANT IN THE COCONUT GROVE EXHIBITION CENTER. (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 Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None, ABSENT: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. COMMENTS MADE DURING ROLL CALL: 252 February 7, 1990 Commissioner De Yurre: OK, before I vote, I am associated with the law firm of Adorno Zeder which is the attorney, the law firm that represents Terremark on items, in general, not on this item. I do not do any work for Terremark as part of the firm and I just wanted to state that for the record. Do you have any problem, Mr. City Attorney, with this situation and any possible conflict? Alex Vilarello, Esq.: There's no voting conflict at all. It has nothing to do, no special impact to the firm. Commissioner De Yurre: OK, thank you very much. I vote yes. Mayor Suarez: Any last item that you needed? OK, we're adjourned. We tried, folks. Vice Mayor Dawkins: I got a serious problem. Mayor Suarez: Wait, wait, Commissioner, let me reconvene. Vice Mayor Dawkins: OK. Mayor Suarez: Commissioners De Yurre, Alonso and myself voted on item 48. Mr. Manager, pleases Everyone. Commissioner Dawkins has a problem, I thought it was noncontroversial. Vice Mayor Dawkins: On 48... Mayor Suarez: Wait, wait, you are reconvened for purposes of dealing with item 48. Vice Mayor Dawkins: On item 48, we accepted some artifacts from Pan American Airlines. They were put in our safe keepings and we have allowed them to be used as trappings and I think that that this should, in fact, I move that this be held over and heard at the next meeting because I need to know what we're going to do with those artifacts. Mayor Suarez: So moved as to item 48, which is an assignment -- an approvement of a collateral assignment on a lease for... Vice Mayor Dawkins: I don't have any problem with the lease. I got a problem with them moving taking the Pan American paraphernalia and hanging it in their place. I got a problem with that. Mr. Manny Diaz: Mr. Mayor, can I address that? Commissioner Alonso: But this is not before us, is it? Mayor Suarez: That's not as to this building. It's only the same entity, but it's not this building at all, is it? Mr. Diaz: Can I address that subject for a second? Mayor Suarez: Mr. Diaz, you have not been recognized. Counselor... Mr. Fernandez: Yes? Mayor Suarez: Is this in relation, in any way, to the facility over here where they have the memorabilia? Mr. Fernandez: Yes, at the Havana Clll)per, is where some of that memorabilia is being presently housed on behalf of the City over there. however, that item is not related to the item that you just passed on. Mayor Suarez: Well, in deference to L:., Commissioner. he wants to defer... Vice Mayor Dawkins: It is if I'm concerned aoout it. Mayor Suarez: Yes, he wants to defer because it's the same entity, so he moved to defer. Therefore... I'm going with you on it, Miller... Mr. Fernandez: Well, I'm not... 253 February 7, 1990 -- Mr. Diaz: Mr. Mayor, can I address this? It's a public hearing, isn't it? Mayor Suarez: Noi Mr. Diaz: This is a public hearing item. Mayor Suarez: Mr. Diaz, I'm going to vote against your item today and any other time if you once again speak out of turn, sir. Now, we have passed this item and I... Mr. Fernandez: Correct. Mayor Suarez: ...I guess the Commissioner in addition to moving to defer, is asking for reconsideration of the item, otherwise we can't defer. Mr. Fernandez: Correctly. Mayor Suarez: So, understanding it as a motion to reconsider, we have a motion, do we have a second? Commissioner Alonso: Yes, I second. Mayor Suarez: OK, call the roll on the motion to reconsider. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 90-137 A MOTION TO RESCIND PRIOR VOTE TAKEN ON AGENDA ITEM 48, AND TO CONTINUE TO THE MEETING OF FEBRUARY 15, 1990 CONSIDERATION OF A REQUEST FOR COLLATERAL ASSIGNMENT OF THE CONCESSION AGREEMENT FROM TERREMARK AT DINNER KEY, INC. TO FLORIDA INTERNATIONAL BANK. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Mayor Suarez: Now, Commissioner Dawkins would like to defer this item. The entity involved is the same one that he believes has an issue and, I guess, we all know has an issue on the memorabilia. I don't have any problem with that issue, Counselor. He wants to defer this item and typically we go along with the motion to defer. There's only three of us left here so unless we're all unanimous, it won't pass. You can't win. You can't win. We may as well defer the item and continue it unless we have another Commissioner and we don't. The item is... Commissioner Alonso: There is any way that... Vice Mayor Dawkins: All I'm saying, let me say what I have to. I have no problems with the extension of whatever we're doing. What I need to know, why they were allowed to take the airplanes and hang them up without coming to us. And I want to know that at the next Commission meeting. Vice Mayor Dawkins: That's all. Mayor Suarez: OK. Do you want to know that to the point of keeping us from taking action on item 48? Vice Mayor Dawkins: Yes. Mayor Suarez: There's only 3 votes up here. The item is carried over to the agenda of what? -the 15th, I guess. Hopefully, we'll get to it on the 15th and we're, otherwise, adjourned. 254 February 7, 1990 THERE BRING NO FURTHER BUSINESS TO CONS BSFORE 7M CITY �- COMMISSION, THE MEETING WAS ADJOURNED AT 9:21 P.m. _ ATTEST% Natty Hirai CITY CLERK Walter J. Foesum ASSISTANT CITY CLSRR Xavier L. Suarez N A Y O R 1NCOHVIORATEB 18 R 96 255 February 7, 1990 2 CITY OF MIAMI MUM DATE FEBRUARY 7, 1990 PArvE No: 1 Of 3 (RESOLUTIONS) DESIGNATE APRIL 22, 1990 AS "EARTH DAY 1990" - TO PROMOTE 90-0090 PRESERVATION OF GLOBAL ENVIRONMENT AND TO LAUNCH "DECATE OF THE ENVIROMENT". AUTHORIZE $10,000 FROM LAW ENFORCEMENT TRUST FUND TO COVER 90-0091 EXPENSES INCURRED BY THE "COMBAT AUTO THEFT PROGRAM". ALLOCATE $10,680 FROM LAW ENFORCEMENT TRUST FUND TO ACQUIRE 90-0092 30 MOTORCYCLE COMMUNICATION HEADSET SYSTEMS, ACCEPT BID: J.R. BUILDERS, INC. P07 r4STALLATIO14 OF DRINKING 90-0093 FOUNTAINS AT 5 CITY PARKS - FOR PARKS DEPARTMENT. ACCEPT BID: ZIMY ELECTRONICS, INC. - FOR UPGRADING FIRE ALARM 90-0094 SYSTEM AT OVERTOWN SHOPPING CENTER - FOR DEPARTMENT OF GSA/ PROPERTY MAINTENANCE DIVISION. EXTENT CONTRACT (ONE YEAR) WITH MR. TERRY PARKS - FOR 90-0095 BLACKSMITH AND FERRIER SERVICES TO MOUNTED PATROL U14IT HORSES FOR POLICE DEPARTMENT, ACCEPT BID: OMNI SIGNS - FOR FURNISHING NEON SIGN TO POLICE 90-0096 DEPARTMENT. ACCEPT GRANT FROM METRO DADE CULTURAL AFFAIRS COUNCIL, 90-0097 COMMUNITY GRANTS PROGRAM ($4,000) - CONCERNING MIAMI ORGANI- `LATION OF AMERICAN STATES INTERNATIONAL CONCERT 1989-90 SERIES - AUTHORIZE NECESSARY AGREEEMENTS. AUTHORIZE PURCHASE OF ADDITIONAL MICROCOMPUTERS AND PERIPHERAL I 90-0098 EQUIPMENT FROM UNISYS CORPORATION - FOR LAW DEPARTMENT, AUTHORIZE REVOCABLE PERMIT TO JOE CELESTIN, INC. r FOR USE OF 1 90-0099 1,121 SQUARE FEET IN OVERTOWN SHOPPING CENTER (1490 N.W. 3 AVE) AUTHORIZE REVOCABLE PERMI`!` TO SATELLITE BEAUTY SALON, INC. - 90-0100 FOR USE OF 1,200 SQUARE FEET IN OVERTOWN SHOPPING CENTER (1490 N.W. 3 AVENUE). AUTHORIZE EXECUTION OF PURCHASE AND SALE AGREEMENT BETWEEN 90-0101 CITY OF MIAMI (PURCHASER), AND CALDWELL BROOKS BARON, INC. AND TROPIC INVESTORS GROUP 1, LTD, (SELLERS) - CONCERNING PROPERTY AT 240 N.W. 9 STREET - IN CONNECTION WITH SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT APPROPRIATE NECESSARY FUNDS. RESCIND APPOINTMENT OF JOSE VILLALOBOS AS MEMBER OF CITYWIDE ' 90-0102 COMMUNITY DEVELOPMENT ADVISORY BOARD. AMEND RESOLUTION 89-1107 - CONCERNING 1990 CARNAVAL MIAMI - 90-0103 PROVIDE FOR CLOSURE OF DESIGNATED STPEETS FOR BIKE DASH EVENT. ACCEPT BID: MINORITY SYSTEMS, INC. AND SEALAND CONTRACTORS 90-0105 INC. _ FOR SWIMMING POOL RENOVATIONS AT SHENANDOAH AND WEST END PARKS, WITH PROVISO. DOCUMENT INDEX DOCUM T W_MVrA111 M! REJECT COUNTEROFFER PROPOSED BY BROTHERS OF THE GOOD SHEPHERD, INC. - FOR ACQUISITION OF LEASEHOLD INTEREST IN PROPERTY AT 700-728 N.E. 1 AVENUE, AND FEE SIMPLE INTEREST IN PROPERTY AT 732-740 N.E. 1 AVENUE ("CAMILLUS HOUSE") - OFFER TO PURCHASE CAMILLUS HOUSE FOR $1.2 MILLION, WITH STIPULATIONS. APPOINTMENT TO MIAMI RIVER COORDINATING COMMITTEE (Reappointed was: Lou Wakdnann). APPOINTMENTS TO ZONING BOARD (Appointed was: Arsenio Milian; reappointed was: Osvaldo Moran) APPOINTMENTS TO PLANNING ADVISORY BOARD (Reappointed was: W. Tucker Gibbs; one appointment is still pending). SELECT MEMBER TO BOARD OF TRUSTEES OF CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST.(Selected was: Hector Serrano). APPOINTMENTS TO CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD (Appointed were: Carlos Rodriguez Quesada, Josie Pointier, Josie Gonzalez, Tom Post, Ann Marie Adker * Father Gerard Darbouse; one appointment is still pending. APPOINTMENTS TO CODE ENFORCEMENT BOARD (Appointed were: Julio Gonzalez Rebull, Jr. , Carlos Arboleya, Jr. , and Daniel Perez- Zarraga . APPOINTMENT TO OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL (Appointed was: Lt. Frank Christmas. Note: Lt. Christmas was appointed as a substitute for Gerald Darling.) :i RATIFY MANAGER'S FINDING OF EMERGENCY IN THE REMOVAL OF PCB CONTAMINATED TRANSFORMERS AND DEBRIS SURROUNDING CITY'S PROPERTY _ MAINTENANCE DIVISION AREA - AUTHORIZE ISSUANCE OF PURCHASE ORDER TO RESOURCE RECOVERY OF AMERICA. APPROVE MODIFICATION TO PRIOR AGREEMENT BY AND BETWEEN CITY OF MIAMI, SWIRE PACIFIC HOLDINGS, INC., VISCATRAN, LTD. AND OCEAN BANK OF MIAMI - CONCERNING DEVELOPMENT OF ELDERLY OR HANDICAPPED HOUSING ON VISCATRAN SITE (VISCAYA METRORAIL) - ALLOW VIZCATRAN LTD. TO WITHDRAW MQNIES FROM ESCROW ACCOUNT AT OCEAN BANK, r SUBJECT TO PROVISO, GRANT REQUEST BY HEALTH CRISIS NETWOPK FOR STREET CLOSURE CONCERING "AIDS MARCH MIAMI" E'ENT. APPROVE TERMINATION OF LEASE AND DEVELOPMENT AGREEMENT BETWEEN ODESSA, LTD. AND THE CITY OF MIAMI - FOR BLOCK 55 OF SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT. CONCERNING MULTI -FAMILY HOUSTNG DEVELOPMENT (N,W. 30 STREET BETWEEN 3 AND 2 AVENUES) ACQUISITION OF PROPERTY FOR THE DEVELOPMENT OF A MINI -PARK GRANT REQUEST FROM DOWNTOWN BUSINESS ASSOCIATION - AUTHORIZE STREET CLOSURES FOR EXHIBITION TENNIS MATCH ON MARCH 13TH BETWEEN GABRIELA SA.BATINI AND MARY JO FERNANDEZ. AUTHORIZE MANAGER TO APPLY FOR FEDERAL GRA14T ($292.,000) - TENTATIVELY EAP14ARKED FOR BETTER WAY AND BECKMAN WAY AND BECKMAN HALL, PAGE 2 OF 3 FEBRUARY 7, 1990 RETiEVAL Obb NOS (RESOLUTIONS) 90.-0111 90-0112 90-0113 90-0114 90-•0117 90-0118 90-0119 90-0122 90-0123 90-0124 90-012 5 90-0126 90-0127 90-0128 90-0130 i• i 1 i1 GRANT REQUEST FOR CLOSURE OF DESIGNATED STREETS CONCERNING MONTY TRAINER'S HOMECOMING PARTY. GRANT REQUEST FOR CLOSURE OF DESIGNATED STREETS CONCERNING THE MARCH OF DIMES WALKAMERICA EVENT. - GRANT FEE WAIVER FOR USE OF CERTAIN PARKS AND RESTRICTION OF RETAIL PEDDLERS. MODIFY LEASE AGREEMENT WITH METROPOLITAN DADE COUNTY - PROVIDE FOR USE OF LARGER PORTION OF HENDERSON PARK FOR CONSTRUCTION OF PUBLIC HEALTH C.L,INIC.- APPROVE LEASE AGREEMENT FOR CONSTRUCTION OF PUBLIC HEALTH CLINIC FOR CULMER SITE. CONFIRM ZONING BOARD'S DECISION - GRANT SPECIAL EXEMPTION FROM 9500 TO CONSTRUCT SURFACE PARKING LOT AS EXCESS PARKING CONCERNING PROPOSED RESTAURP14 (VICTOR'S CAFE) TO BE LOCATED AT 2340 S.W. 32 AVENUE. PAGE 3 OF 3 FEBRUARY 7, 1990 RETRIEVAL CODE NO (RESOLUTIONS) 90-0131 90-0132 90-0134 90-0135