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CC 1989-12-07 Minutes
4F t~ETIN6 NELD ON D~c~Ma~R ~, i9a~ RkGUI,AR _ x~ lr,~: ~~ :, t~b$R MI1tUTBS OF RBGUI,Att MSSTYNG CITY COM!lIS520N OF MIAMI, FLORIDA DFsCBMB$R 7 , 1989 IT1IM SU8~8CT L$GISLATION PAGE ZtO. NO. 1. BRIEF COMMENTS CONCERNING UNSAFE STEPS DISCUSSION 1-~2 (TILES) AT THE MIAMI ARENA. 12/7/89 2. EMERGENCY ORDINANCE; AMEND ANNUAL ORDTNANCE APPROPRIATIONS ORDINANCE (10648) - 10677 APPROPRIATE $250,000 OF PROCEEDS FROM 12/7/89 LAND SALE OF MUNICIPAL SHOP PROPERTIES TO MIAMI-DADS COMMUNITY COLLEGE FOR PURPOSES OF IMPLEMENTING THE PROVISIONS OF R$SOLUTION 89-645 CONCERNING ECONOMIC DEVELOPMENT. (PLANNED PROCESS) 3. CONSENT AGENDA 3.1 3.2 3.3 3.4 3.5 3.6 3~7 ACCEPT SERVICES OF ATHA+: ~E RANGE, t;N A PRO BONO BASIS, TO PROV'!D8 GUIDANCE AND ADVICE TO CITY .COMMISSION AND CITY MANAGER IN THE AREA OF AFFIRMATIVE ACTION. ALLOCATE $27,500 FROM LAW ENFORCEMENT TRUST FUND TO COVER EXPENSES INCURRED SY MIAMI POLICE OFFICER .FRIENDLY PROGRAM. 2-7 DISCUSSION 7-14 12/7/89 R 89-1089 8 12/7/89 H 89-1090 9 12/7/89 ALLOCATE $6,240 FROM LAW ENFORCEMENT R 89-1091 9 TR~JST FUND FOR ACQUISITION OF 16 12/7/89 £ 3~'; COMMUNICATION HEADSET SYSTEMS. APPROVE PURCHASE OF PHOTOGRAPHIC R 89-1092 9 SUPPLIES FROM PITMAN PHOTO, INC. FOR 12/7/89 POLICE DEPARTMENT/IDENTIFICATION UNTT ($63.700). ACCEPT BID: VISTA BUILDING R 89-1093 9 MAINTENANCE - FOR FURNISHING ,TANITORIAL 12/7/89 ..; $81tVIC8S AT POLICE DEPARTMENT HEADQUARTERS BUILDING FOR DEPARTMENT OF `, ACCBFT BID: A M: MULTIGRAPHICS :- FOR R 89-1094 l0 g'URNISHING TWO OFFSET DUPLICATORS FOtt 12/7/89 . DBPAATi~+iT OF G. S. A: I~RAPHTO ~~ ~' REPRODUCTION DIVxSION ($25,694). ACCEPT _ BIA: AAA COURT, _ I~IC. ~ . FOR R 84- 1098 ~Q .;, R$BURFAC~NG TENNIS .;-ANA_. BA~KRTBAL~ X211/89- x ITX PARER FOR A~PARTM~tT C~}ARTB AT . ~ G ~ '~ ' . QF PARKS x$56, 963 . b5) . ~ _ , . ~ A~~, x _ , w~, J.8 . ACC$PT DID: AAA COUttTs, INC - FOR R 89-1096 10 ,; ltBObA~'~NG OF PLAYING COVRTS AST i3 CI'T'Y 12/~ j$9 PARKS 'Olt DEPA~tTMENT OF PARKS 3.9 ACCEPT BID: PINO-FONTICIELLA ~ R 89-1097 11 ASSOCIATES, INC. - P'OR GRAND AVENUE 12/1/89 PARK - BUILDING RENOVATION - EXECUTE CONTRACT. 3.10 EXTEND ECONOMIC DEVELOPMENT AGREEMENTS R 89--1098 11 WITH: (a) GREATER BISCAYNE BOULEVARD 12/7!89 CHAMBER 0~' COMMERCE, INC. AND (b) WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. - PROVIDE ADDITIONAL $25,000 EACH TO GREATER BISCAYNE $OULEVARD CHAMBER OF COMMERCB AND WYNWOOD COMMUNITY ECONOMIC DSVELOPMENT CORPORATION TO ACCOMPLISH THEIR ADMINISTRATING AND PROGRAMMATIC OBJECTIVES. 3.11 EXECUTE AGREEMENT WITH SMALL BUSINESS R 89-1099 11 OPPORTUNITY CENTER, INC. - IMPLEMENT A 12/7/89 COMMERCIAL FACADE TREATMENT PROGRAM - ALLOCATE FUNDS FROM 14TH YEAR C. D. B. G. FUND ($12,600). 3.12 SXECUTE AGREEMENT WITH MARTIN LUTHER R 89-1100 12 KING ECONOMIC DEVELOPMENT CORPORATION, 12/7/89 INC. (MLKEDC) - IMPLEMENT A COMMERCIAL FACE TREATMENT PROGRAM -- ALLOCATE FUNDS FROM 14TH YEAR C. D. B. G. FUND ($7,000). 3.13 SXSCUTE AGREEMENT WITH WYNWOOD R 89-1101 13 COMMUNITY ECONOMIC DEVELOPMENT 12/7/89 CORPORATION, INC. - IMPLEMENT A _ COMMSRCIAL FACADE TREATMENT PROGRAM - ALLOCATE FUNDS FROM 14TH YEAR C.D.B.G. - FUND ($9,800). 3.14 SXSCUTS AMENDMENT TO LEASS AGREEMENT R 89-1102 12 WITH COCONUT GROVE SAILING CLUB, INC. - 12/7/89 MODIFY TERMS OF THE AGREEMENT. 3.15 AUTHORIZE LEASE AGREEMENT (5 YEARS) R 89-1103 ;_ 12 WITH STATS OF FLORIDA DEPARTMENT OF 12/7/89 TRANSPORTATION FOR USE OF A PORTION OF _ THS CULMER CENTER PROPERTY (1009 N.W. 5TH AVSNUS). 3.16 BXBCUTS AGRBEMSNT WITH FRISNDS OF THE R 89-1104 13 JAPANSSB GARDSN, INC. FOR MANAGEMENT 12/7/89 AND OPERATION OF CITY-OWNED PROPERTY ("ICHUMURA JAPAN GARDSNp) ON `WATSON ISLAND. 3.17 RATIFY CITY ATTORNEY'S EMPLOYMENT OF R 89-11D5 13 ~~ DANIELS, MASON & KASHTAN, PA. AS 12/7/89 CONSULTANT, IN CONNECTION WITH THS CASE - OF MCNEW MARINE CONSTRUCTION, INC. 'VS. CITY OF MIAMI VS. RONALD A. FRAZIER 6c ASSOCIAT$S, 8T AL. 3,18 TASTE OF THE GROVE F$STIVALs 4~VTHORI7.&~ R 89-x.106 13 STREET CLOSURB3 - AUTHORIZE B$8R/WINE 12/7./89 ~' PSRl1IT ~- 8STA8LISH AREA PROHIBITED TO RETAIL PRI~DLBRS. ~; ::f i x x.19 AUZ'I20ftIZE 5~'REE'~ CLOSURES AND BEER/WINS R 89-1101 14 p$lt~l25 RSTABLISH AR$A PROHIB~TEb TO 12/1'/89 '' RETAIL PEDDLERS AND f'BDESTRIAN MALL - RELAX FIREKORRS LIMITAfiI0N3 - FOR: {A) 1990 CARNAVAL MIAMI PASEO, {B) 8K EtUN, (C) BIKE BASH, {D) CARNAVAL MIAMI INTERNACIONAL AT BAYFRONT PARK, AND (E) CALLS OCHO OPEN HOUSE FESfiIVAL. 3.20 CAPITAL BAND ORANGE BOWL IO-K RACE (TO R 89-1108 14 BE CONDUCTED BY THE MIAMI RUNNERS 12/1/89 CLUB) - APPROVE USE OF STREETS IN COCONUT GROVE DURING EVENT - AUTHORIZE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW. 4-. AUTHORIZE LEGAL PROCEEDINGS AGAINST R 84-1109 15-18 MARY CLOZIE AND VELMA SCOTT (D/8/A/ 12/7/89 GRAND DISCOUNT BEAUTY SUPPLIES) TO RECOVER LOAN FUNDS GRANTED SAID INDIVIDUALS VIA THE CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM ($9,249.45). 5. (A) ENDORSE DOWNTOWN DEVELOPMENT R 89-1110 18-22 AUTHORITY (DDA) BOARD'S POLICY FOR R 89-1110.1 SELECTING AND NOMINATING BOARD MEMBERS. 12/7/89 (B) ESTABLISH POLICY THAT ALL BOARD APPOINTMENTS MADE BY PREDECESSORS OF CURRENT MEMBERS OF THE CITY COMMISSION BE ALLOWED TO RESIGN SO THAT MEMBERS CURRENTLY SERVING ON THfi CITY COMMISSION BE ALLOWED TO MAKfi NEW APPOINTMENTS. 6. THRE$ KINGS DAY PARADES - AUTHORIZE R 89-1111 22-29 STRBET CLOSURES - ESTABLISH AREA 12/7/89 PROHIBITED TO RI3TAIL PEDDDLERS. _ 7. GRANT REQUEST FROM PATHS ENTERTAINMENT, R 89-1112 29-30 INC. FOR RELAXATION OF FYREWORKS 12/7/89 -_ ORDINANCE - TO ALLOW FILMING OF A MOVIE IN THE BRICKSLL POINT AREA. 8- RATIFY EXECUTION OF COLLECTIVE R 89-1113 30-31 -_ BARGAINING AGREEMENT WITH THS 12/7/69 __ SANITATION EMPLOYEES ASSOCIATION (LABOR CONTRACT: 10/1/89 TO 9/30/91). 9- (A) DIRECT MANAGER TO INVITE KEY M 89-1114 31-49 EXECUTIVES OF TELECOMMUNICATIONS, INC. 12/7/89 (TCI) TO APPEAR BEFORE TH8 COMMISSION ON JANUARY 11TH - TO ADDRESS QUESTIONS _-- BY THE CITY COMMISSION CONCERNING THEIR POLICY ON MINORITY PARTICIPATION - DIRECT ADMINISTRATION TO SCHEDULE AS PUBLIC HEARING. (B) DEFER DISCUSSION CONCERNING MIAMI TCI PBRFORMANCB TO A FUTURE MEETING. I0. DISCUSSION CONCERNING ALLEGED BREACH OF DISCUSSION Sq _ CONTRACT BY PRESENT ADMINISTRATION OF 1x/7/89 CUBAN MU$EUM. ~a .~ .;-,, ~; , ~` lI. P'iRST 1~ADINO ORDINANCg: ESTABLISH NEW 6RbiNANCE 50--51 SPECIAL REVEN~ 1s"UND "ORBS NEW REB`UGPlE FIRSfi 1tEADING EMPLOYMENT AND TRAINING PROGRAM 12/7/89 _ IfY'90" - ACCEPT GRANT AWARD FROM DEPARTMENT OF HEALTH AND RFsHABILITATIVE SERVICES ($5b,550) - ENTER INTO CONGRACT/AGREEMENT WITH SOUTH FLORIDA .- EMPLOYMENT AND TRAINING CONSORTIUM. 12. FIRST READING ORDINANCE: AMEND CODE ORDINANCE 51-52 CHAPTER 54, ARTICLE VI ("SIDEWALK FIRST READING CAFES") - EXPAND BRICKELL AREA CAFE 12/7/89 ZONE, REVIS$ PERMIT FEE, CORRECT STANDARDS/CRITERIA, ADD RESTRIGTION - AGAINST LOUD NOISE AS CONDITION OF PERMIT, PROVIDE FOR TEMPORARY SUSPENSION OF PERMIT, REINSTATEMENT OF SUSPENDED/REVOKED PERMIT BY DIRECTOR OF PUBLIC WORKS, AND ESTABLISH MINIMUM TIME PERIOD FOR REAPPLICATION AFTER REVOCATION. 13. FIRST READING ORDINANCE: AMEND CODE ORDINANCE 52-53 SECTION 38-8 - INCREASE EXISTING RATES FIRST READING FOR USE OF DESIGNATED AREAS AT MANUEL 12/7/89 ARTIME COMMUNITY CENTER, ESTABLISH RATES FOR USE OF MINI-PLAZA AND MINI- PARK, REVISE INSURANCE REQUIREMENTS, AND RENAME LARGE AUDITORIUM OF BUILDING "A" AS MANUEL ARTIME PERFORMING ARTS CENTER. 14. FIRST READING ORDINANCE: AMEND CODE ORDINANCE 53 SECTION 53-151 PERTAINING TO PROCEDURES FIRST READING AND USER FEES AT COCONUT GROVE 12/7/89 EXHIBITION CENTER BY GHANGING FEES DETERMINED BY TYPE OF EVENT BEING HELD. 15. DEFER (FOR 90 DAYS) PROPOSED FIRST M 89-1115 54-60 READING ORDINANCE TO REQUIRE A 12/7/89 PROTECTIVE BARRIER FOR SWIMMING POOLS. 16. FIRST READING ORDINANCE: AMEND CODE ORDINANCE 60-62 SECTION 37-71 ("OPEN AND VACANT FIRST READING STRUCTURES") BY PROVIDING FOR 12/7/89 ACCEPTABLE METHODS OF SECURING/SEALING `_~' VACANT STRUCTURES. 17. FIRST READING ORDINANCES AMEND ORDINANCE 62-63 ORDINANCE 10619 - INCREASE FIRST READING APPROPRIATION TO SPECIAL REVENUE FUNDS: 12/7/89 (a) "JTPA TITLE Y/OLDER WORKER (FY'90)", AND (b) "JTPA TITLE IIA/NEIGHBORHOODS JOBS PROGRAM CFY'90)", 1$. FIRST READING ORDINANCE: AMEND ANNUAL ORDINANCE 63 APPROPRIATIONS ORDINANCE (IOb48) FOR FY FIRST READING ENDING SEPTEMBER 30, 1990 - CREATE NEW 12/7/89 SECTION 2,I: "DEBT SERVICE FUND" FOR THi~ Pt1RI'OS8 OF FORMALIZING CITY COMMISSION ACTIONS AND IMPLEMENTING OTHER AMENDATORY CHANGES, _ - 19. GRANT FUNDING REQUES`P R$CSIVED FROM DISCOSSiQN 64-b6 AE1'ltBSBNTATIVES OF THE HOLIAAY FESTIVAI. ,12/7/$9 ~ 8VR~1T COt+lRISSIONSRS EACH PLEDGE TQ : ' GRANT $1.000 FROG! R'HEIR DISCRETIONARY FtTND ~ REFER TO CITY MANAGER • J. • ~ 2~1. (A) APPOINT AND REAPPOINT MEMBERS TO R 89-1116 61-71 BOARD OF TRUSTEBS OF CITY OF MIAMI 12/7/89 GENERAL EMPLOYES' AND SANITATION EMPLOYEES' RETIREMENT TRUST (Appointed were: Theresa Pollock and Ronald Thompkins; one appointment pending). (B) DEFER THIRD APPOINTMENT UNTIL RECOMMENDATION OF A LATIN NOMINEE (See labels 30 and 34). 21. APPOINT ALTERNATE MEMBERS TO THE R 89-1117 72 INTERNATIONAL TRADE BOARD. (NOTE: 12/7/89 Appointed were: Kishor M. Parekh and Fernando Penabaz; 3 appointments still pending.) 22. COMMISSIONER J. L. PLUMMER REQUESTS DISCUSSION 73-74 CITY ATTORNEY TO RESEARCH THE LEGAL 12/7/89 NEED FOR AN INDIVIDUAL ROLL CALL VOTE ON EACH ITEM. 23. CONFIRM SELECTION OF INDIVIDUAL TO R 89-1118 7475 AFFIRMATIVE ACTION ADVISORY BOARD. 12/7/89 (Note: Confirmed was: Virgil Fernandez.) 24~. APPOINT INDIVIDUALS TO HEALTH R 89-1119 75-76 FACILITIES AUTHORITY. (NOTE; 12/7/89 Reappointed was Charles Beber; appoint was Rev. Ronald Peters.) 25. APPOINT INDIVIDUALS TO SERVE AS MEMBERS M 89-1120 76-79 OF THE OFFICE OF PROFESSIONAL 12/7/89 COMPLIANCE (OPC) ADVISORY PANEL. (Appointed were: Timothy Barket, Gerald Darling, Willie Starks, Jackie Bell and Manolo Miaagorri.) (See label 27). 26. APPOINT MEMBERS TO THE PRIVATE INDUSTRY R 89-1121 79-$0 COUNCIL (PIC). (NOTE: Appointed were: 12/7/89 Maria Cristina Palacios, Dr. Roosevelt = Thomas, Elmer Leyva, Melvin (Skip) Chaves and Josefina Bonet Habif.) 27. CLARIFICATION BY CITY ATTORNEY DISCUSSION 80 CONCERNING CHANGE IN EXPIRATION DATE OF 12/7/89 ~t- ~ TERMS OF .APPOINTMENT TO PRIVATE ~ INDUSTRY COUNCIL {PIC) (See label 25). 28. APPOINT INDIVIDUALS TO THE 18-MEMBER R 89-1122 81-84 _ CIT1tWIDE COMMUNITY DEVELOPMENT ADVISORX 12/7/89 BOARD. (Note:. Appointed .were: Mariano Cruz [Allapattah], Frankie Rolle [coconut Grove], Gloria Rosello [Little _ Havana], LotLie Hines (Model City], Fred Santiago jWynwood], Andrew Rosenblatt: and Marguerite Shearin. (NOTE: Pending soil are appointments k to be made. for Downtown, .Edison/Li.ttie Rl.ver or t~rertown, as well as in Groups II, III, IY & V.) ~~; 29. APPOINT INDIVIDUAL TO THB EONING BOARD. R 89-11.23 84-8b - (NATB: Appointed was Glaris i!. Sasiia),~ 12/7/89 ":,; .,- r ~ f~`. ;; ~: ~ ,,. ,. x . '; - - _ ~~ .: ., ~~ .,, . u J r'~ ?' . i 31~. RECOMMENb MARIA MACHADO I~'OR APPOINTMENT M 89=1124 AS A MEMRFsA dP TH8 SOARA OF' TRUSTRRS OF' 12/7/89 CITY OI' MIAMI GENERAL EMPLOYEES' AND SANITATIOIf P:MPLOYEES' RETIREMENT TRUST (Nate: This Nation ~vae later rescinded) (See labels 208 and 34). 86-87 31. APPOINT ALTERNATE MEMBERS TO THE R 89=1125 87-89 PLANNING ADVISORY BOARD. (NOTE: 12/7/89 Appointed mas Ofelia Tabareg- Farnande~.) 32. WAIVE REQVIRBMSNTS FOR COMPETITIVE R 89-1126 89-90 SEALED RIDS - APPROVE ACQUISITION OF 12/7/89 1,350 COPIES OF THE 1990 FLORIDA LAW ENFORCEMENT HANDBOOKS FROM METRO-DADE POLICE .DEPARTMENT - ALLOCATE FUNDS ($11,475). 33. RATIFY CITY MANAGER'S FINDING OF R 89-1127 91 EMERGENCY - WAIVfi REQUIREMENTS FOR 12/7/89 COMPETITIVE SEALED BIDS FOR CONSTRUCTION OF IMPROVEMENTS AND INSTALLATION OF EQUIPMENT AT THS MIAMARINA FISHERMEN'S PIER 5 PROJECT - ALLOCATE FUNDS $1,200,000). 34. (A) RECONSIDER PREVIOUSLY PASSED MOTION M 89-1128 92-96 RECOMMENDING MARIA MACHADO FOR M 89-1129 APPOINTMENT TO GENERAL EMPLOYEES' AND 12/7/89 SANITATION EMPLOYEES' RETIREMENT TRUST (See labels 20B and 30). (S) RECOMMEND MARIA MACHADO BE CONSIDERED FOR APPOINTMENT AS A NEW MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' ANA SANITATION EMPLOYEES' RETIREMENT TRUST. 35. BRIEF COMMENTS BY MAYOR SUAREZ DISCUSSION 96 CONCERNING THE ON-GOING LOZANO CASE. 12/7/89 36. FIRST READING ORDINANCE: AMEND CAPITAL ORDINANCE 9T APPROPRIATIONS ORDINANCE (10642) - FIRST READING ESTABLISH PROJECT ENTITLED: "CITY 12/7/89 ADMINISTRATION BUILDING -.PHASE I FIRST ~' FLOOR REMODELING" ($250,000). ,,,~, SECOND READING ORDINANCE: AMEND CITY OF DISCUSSION 98-99 MIAMI CABLE TELEVISION: LICENSE 12/7/69 ORDINANCE. (9332) - CHANGE MINIMUM NUMBER OF DAYS PAST DUE- DATE :OF A DELINQUENT FEE IN WHICH NOTICE TQ DISCONNECT SERVICE IS GIVEN TO - SUBSCRIBER (See label 51). BRIEF COMMENTS BY COMMISSIONER PLUMMBR DISCUSSION 99 ;'`r CONCERNING"(s)-EXHAUST FANS THAT SHOULD 12/7/89 88' BUILT `ON TOP OF BUILDINGS, WHSRS NOISE WOULD BS. REDUCER= (b) POLICB $URGI,AR ALARMS THAT DO NOT HAVE A RBSBT MECHANISM. DENY PRQI'OSBD R$SOLUTION WHICH iiOULA M S9-ii3Q i$O-10Z :: - H~~ WAIVED '$BALEA $IDS R~QUBST FOR 12/7/89 , PURCKASE OF MAT~RIAI.S/INSTALLATION/CQNi~TRUCTION IN ~ ' CONNECTI~1 ~TI~'H "Cif - iT3J.DING - FHASE x FIRST N TIO B AINZ&~R~I , :- T~ ~ ~ ( F!r4-VA REMODHI+I.ING" t ~ i { -. _ .. r 'f;;, y y; _~ >. r': _~ ~~ n}' a - - .~.-.,. ,.. ~. (A) COCbNU~ G1tOVE ARTS FE9TIVALs GRANT R 89-1131 102-105 ItE~UEST ~'OR ST1tEET CLOSURES -ESTABLISH Ft 89-1132 PEDESTRIAN MALL - AUTH01tfZE BFEit/WINE 12/7/89 PERMIT (See label 49). (B) GRANfi REQUEST $Y COCONUT GROVE ASSOCIATION P'OR WAIVER OE' RENTAL FEE FOR USE OF COCONUT GROVED EXHIBITION CENTE~t IN CONNECTION WITH THE ARTS FESTIVAL. 41. (A) REAPPOINT OSMUNDO MARTINEZ AS R 89-II33 106-107 CHAIRPERSON OF THE BAYFRONT PARK 12/7/89 MANAGEMENT TRUST. _ ($) ALLEGED CRU£sLTY TO HORSES ATTACHED TO CARRIAGES AT BAYFRONT PARK. 42. APPROVE, IN PRINCIPLE, CONCEPT OF R 89-1134 107-I26 UTILIZING TAX INCREMENT GENERATED $Y 12/7/89 THE PROPOSED NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE, INC. JOINT DEVELOPMENT HOTEL PROJECT/MUNICIPAL LOT 10 FOR THE DEVELOPMENT OF THE PROJECT - DIRECT MANAGER TO REPORT ON HOW TAX INCREMENT ' FUNDS MAY ASSIST IN THE IMPLEMENTATION OF THE PROJECT IN SOUTHEAST _ OVERTOWN/PARK WEST TAX INCREMENT DISTRICT. 43. GRANT REQUEST FROM SENIOR CITIZENS IN M 89-1135 126-130 ACTION IN NORTH, INC. (SCAND) FOR 12/7/89 PERMISSION TO PREPARE PACKAGE FOR DEVELOPMENT OF AFFORDABLE HOUSING AT HIGHLAND PARK SITE. 44. APPROVE, IN .PRINCIPLE, A STUDY M 89-1136 I30-132 CONCERNING PROPOSED ANNEXA"rION OF CITY- 12/7/89 OWNED PROPERTY CURRENTLY UNDER COUNTY JURISDICTION ON VIRGINIA KEY -ALLOCATE $5,000.. 45. DISCUSSION CONCERNING STATUS REPORT OF DISCUSSION 132-133 : THE YOUTH OPPORTUNITIES UNLIMITED 12/7/89 CHALLENGE GRANT PROGRAM. 46. DISCUSSION CONCERNING REVIEW OF THE DISCUSSION 139-.13.7 ~~_` EFFECTIVENESS OF RUMBLE STRIPS (SPEED 12/7/89 STRIPS) WITHIN COCONUT GROVE. - 47. DISCUSS AND TEMPORARILY TABLE DISCUSSION .137-139 AISCUSSION ,OF TRAFFIC REDUCTION AND 12/7/89 SPEED. CONTROL MEASURES ON S.W. 28 .~- 5TR8BT (COCONUT GROVE) (See label 57). ,"T . 48. DISCUSS. AND. REFER BACK TO M 89-1137 139-155 ADMINISTRATION PROPOSED REVISION TO 12/7/89 ?v s ADMINISTRATIVE POLICY APM~-1-86 ("38VBRANCB POLICY") - R8QU88T A MORE ra DETAILED DEFINITION OF NEW POLICY FOR ONE THAT IS FAIR AND EQUITABLE ACROSS THS BOARD. ~° 4f9. (Continued diecues~ian) COCONUT GROVE DISCUSSION 158 ARTS FBSTiVALs INCLUDE AUTHORIZATION 12/7/89 ~, ,' ~ FOR RESTRICTION OF RETAIL PEDALERS (Soe label 4O). „~~ 5b CEEA'~E COMMi~ OF ONE TO R 99-1138 155-158 . E,y/RECOt~II`iE'~1D $BST METHOD OF 12/7/89 - CONSOLIDATING Ci2`Y DEPARTMENTS/OFFICE - _ A~pOIN`T COMMISSIONER MIRIAM ALONSO AS THE COMMIfiTEE OF ONE TO SERVg AND _ R$PO~tT BACK iN 60 DAYS (See label 53). 51 (Continued discussion) BRIEF COMMENTS DISCUSSION 159 . ON CABLE TELEVISION LICENSE ISSUE (See 12/7/89 _ label 37). (Tp;LECOMMUNICATI0N5 INC. _ (TCI)). 52 APPOINT COMMISSIONER VICTOR ~R 39 R 159-160 . OF MIAMI SERVE AS fiHE CITY 2/y/89 _ REPRESENTATIVE ON THE SOUTH FLORIDA _ REGIONAL PLANNING COUNCIL. g3 (Continued discussion) BRIEF DISCUSSION 160 . COMMENTS REFERRED TO THE NEWLY- 12/7/89 FORMED COMMITTEE OF ONE CONCERNING A NEW CITY OF MIAMI - ADMINISTRATION BUILDING (See label 50). gA DISCUSS AND REFER TO ADMINISTRATION FOR DISCUSSION 161-163 . FURTHER CLARIFICATION ALLEGED ZONING 12/7/89 VIOLATIONS IN AREA BOUNDED BY WEST •. FLAGLER STREET, S.W. 8 STREET, S.W. 57 AVENUE AND S.W. 62 AVENUE. 55 CONDITIONALLY AUTHO I A 40 164-165 . OF CHAIRMAN CITY AS SUAREZ, IN HIS CAPA 12/7/89 THE BOARD OF DIRECTORS OF THE WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (WYNWOOD SNID) TO EXECUTE AGREEMENT - WITH WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION (WCEDC) FOR * .PROFESSIONAL SERVICES CONCERNING PREPARATION OF A SAFE NEIGHBORHOOD - IMPROVEMENT PLAN FOR THE WYNWOOD SNID FOR ONE YEAR - FOR A TOTAL FEE OF $250,000 FROM STATE OF FLORIDA SAFE NEIGHBORHOOD PROGRAM GRANT - CONDITIONALLY AUTHORIZB PAYMENT. OF $b2,500 TO WCEDC FOR TASK 1. _ t;. 56 BRIEF COMMENTS BY COMMISSIONER PLUMMER DISCUSSION 165-166 . _ CONCERNING DILAPIDATED STRUCTURES. 12/7/89 , 57 (Continued discussion) SCHEDULE PUBLIC M 89-1141. } , 1b6-170 . fiBARING FOR. JANUARY -25TH CONCERNING 12/7/89. REQUEST FROM CARL LAM88RT FOR PLACEMENT OF BARRICADES. AND/OR ALTERNATIVE = . TRAFFIC CONTROL MEASURES ON S.W. 28 STREET, (See label 47). 58. OF -CITY ,COMMISSION NESTING TIME CHANGE A 89-142 170-172„ - . . SCHEDULED FOR ,DECEMBER.I4TH.TO STAAT•AT 12/7/$9,., 2:00 P.M. • ,~ ,,. - t, - s ~~ F _< . a _ _ _t' ~i. ' 1,~ - y ~J ~~~ at ~§~ - ;v, 1 ~ .r '~,, _~~ e..~24~~.. - C~TF COMMIS9IOI~ OF MIAMI, FLORIDA * * ~ On the 7'th day of December. 1989, the City Commission of Miami, Florida, met at its regular meeting place in the City Nall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:07 a.fi. by Mayor Xavier Suare2 with the following members of the Commission found to be present: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Cormsaissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ALSO PR85ENT: Cesar Odio, City Manager Jorge L. Fernandez, Gity Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk ;, ,; An invocation was delivered by Mayor Suarez who then led those present in a pledge of allegiance to the flag. NOTE FOR THB RECORD: At this paint, minutes of the Regular City ® Commission meeting of September 14, 1989 were approved.` Mayor Suarez stated there was an incorrect figure in the" minutes' _ - concerning Metromover. The City Clerk clarified, said error was already corrected. 1. BitIBF COMMffiJTS CONCERNING UNSAFE STEPS (TILES) AT THS MIAMI ARENA. Mayor Suarez: Vice Mayor Dawkins. _ Vice Mayor Dawkins: Mr. Manager, according to The Miami Harald... - Commissioner Plummer: To the who? ..~ Vice Mayor Dawkins: The Miami Herald. Commissioner Plummer: That's what? Vice Mayor Dawkinas .,, ther~•is-a"dispute concerning £iis on>the"Areda:~ If ;.: the the is put in improper and if the tale 'rtes ~rrong wh' are ae `paying` fear - it? - , M~.. Odio: I read the same story, Commissioner, aAd h've- know~a ".kboctt~ toe` t~.l.e~ ~~' ~~ egad -h believe that rte" have to suer a4mebody, 'butthat we ahoisld•~~ot pray for ~ $1,00 i! those tilos were installed either defective. or tii4t they- wore de~4lCtive iaaterials, either one,, We should sot` pay-any. Vi9 ~ aayn~~ Da wkins: , well. Mhy would the `director oP tho aSeocy, : peer your p sa iA doe t ay a penny, So ahead and a~utho~ze the r~cark to begin before wa ,; - i~aA._ww47awlrad ".b1~a `: r.wwan uftS.: ~dni wf.-.#w aw ".d i.~ .. ... .:, _ .~ .,: ~.. •: `^- ~._.., Vice Mayor 4awkins: OK, I'll ti~il you, Mr. Manager, sill you and the direetc~f mast me Mtrnday morning anyivhete and we'll discuss this? - because I don't sent tc take up the rest... maybe no one else here is concerned but me, OK7 Mr. Odio: gut I agree with you. Commissioner Plummer: You are sears, aren't you... Mayor Suarez: Their article is unsettling. Yes, Commissioner Plummer. Commissioner Plumntier: You are aware that the Building Department closed it _ dome? They actually closed the Arena because of thQ unsafe steps. gy the way, just the record will reflect... -. Vice Mayor Dawkins: That was.. they should have done that. Commissioner Plummer: ,.. that I have been complaining about that since before the arena was opened, OK~ Vice Mayor Dawkins: OK, thank you. Commissioner Plummer: Once again, they just got too damn much money. They don't know shat to do with it. _ Mayor Suarezs Nell, let me just state far the record that even if that amount is spent, we still are within the budget, which is one good news nut of all ` ~` this, but the Vice Mayor is right in requesting to know why, if instructions were given not to pay that, in fact the director is proceeding to pay it. DISCUSSION 2. EMERGENCY ORDINANCE; AMEND ANNUAL APPROPRIATIONS ORDINANCE (14648) - APPROPRIATE $250,000 OF PROCEEDS FROM LAND SALE OF MUIJICIPAL SHOP _ PROPERTIES TO MIAMI-DADE COMMUNITY COLLEGE FOR PURPOSES OF IMPLEMENTTNG _. THS PROVISIONS OF RESOLUTION 89-645 CONCERNING ECONOMIC DEVELOPMENT..: (PLANNED PROCESS) Mayor Suarez: There is an item that you should have received, apparently from ~ayself, but it's really not anything that particularly concerns me, it*a the Planned Process funding. For some reason we had not formalized the ": payment of .these monies and needed to pass an ordinance. John Hall was':here; ~ ' - the .'entire Commission meeting last week and we never took up his item. ` Hopefully, you have gotten .this memo dated December 1, 1989 from my office, ~t¢: { with a Copp of the ordinance that he needs to formalize, the allocation af, I believe, $2!f0,000, is that correct4 No7 Counaisaloner.Plummer: I don't,knovr what you're talking about. • - ~'~ Mayor: Suarez: I am telling you .what. I'm talking about. I'm talking about the Planned Process Economic Developmeht Plan which was... ;~~ '` Commissioner Plummer: Oh, oh, oh. Mayor Suarez: ... the group headed by Garth Reaves sad Jahn Hall was going to make the presentation, J. L., at the last Commission meeting. We Hover"dot to hie item, He spent the whole day waiting-here. We had- actually aiready__ •llocated these.: funds. from Community°Development Hlock. Grant,;;~2-.~~bel.leva,~or '' ` some other capital funds, ox not general operating funds, but as hed Hat :` ° 'i . formalized , it .by an ordinance and apparently, it needed as +prdiaance; ••~• , , Commissioner Plummer: But I understand the problem... ,~ . Mayor Sudroz: ... and. that is the one before yore, ... ,. N ~ _ C~amitsionAr Pi~-e-r: ..,. e~cietiag is ths, #act that. nor. they ~os~'t wit to ~ F take i~ irQn~ Community. De~relopmeat ~uAdH, '~AM ~'r~A'~ ~.~'1ri'!E~-.'~r~ ~ ''ii Mapos ~rea~ T~i#~er+~ is it not coming ~raat, ~srb'~ • . ,: ; :; - - ~} X° . ~, -~. ~~. . , , f _ r i~ • E Mi. Herb Hgilei-: 'fhe tnoneir aas allocated from the proceeds from the sale of the land to the community college. Cartimissibi~er plunwnert No, that's not true. Mr. $ailey: Yes, it was. Commissioner Plummer: Excuse me. Development. It vas originally from Cotmaunitq Mr. Baileq: It was originally... Commissioner Plummer: OK, I don't think formalized, it was in fact, from the sale of the property. Mr. Baileys It came back before this Commission. Commissioner Plummer: It did come back? Mr. Bailey: It was changed, yes. Commissioner Plumsuer: And it was formalized? Mr. Bailey: Yea. Commissioner Plummer: Well, what then is the problem, and why here today? Mayor Suarez: It is lust the ordinance noev, the appropriation ordinance. Mr. B:~ri.'i.ey: You need the appropriation ordinance. It was missed the last time. We lust want to pass the appropriations ordinance so... Commissioner Plummers Have we received the money yet from the Community College? Vice Mayer Dawkins: And spent it. Mr. Bailey: Yes. Commissioner Plummer: It's in the bank. Mr. Bailey: Right. Mr. Odio:`~ For the record, clarify, we received out of the... they still have $1,000,000 in escrow, but we received the rest of the balance. ~•~- Vice Mayor Dawkins: Say what now? Mr. Odio: We received all the moray but $1,OOD,000, which-we`will get the. day that we :coved out and they take over as~part of-the closing aontraat:' ~ x ~. . , ;: Vice Mayor Dawkins: Who is gettiag interest on the $1,000,000? ~~ Mr. Odio: Weil, they would be. l ' . ` Commission~r::Plwnmerr Why? ' Mr. Odio: Because the.... . __ . . Vice Mayor Dawkins: If it is in a~scrow, nobody ought to have inter~at on it. r'~' ~' _ Commissioner Plwamers Oh ao, it it 3a is esaroW, aaanebody'a Boot to geL ~ ~. d~< iAtprest. .. ~a~-ar ~~~uaras: '~~ Whose gs~t-the es~arow account, iar it.. , ,. . .~, :, ~z Mr, .~slio: Th¢y have th~~ mossy, the c~1i:~g~ has the mo~~y, '~haq vranted to `~ :. rt, `P #a~tke sure th+~t we moved out ~A~ tbey cold move is ~r~thia ~8 soothe.. ,, . ,. .' } Cou~t~~-a~om~r Pitaaaner: Thet's $l0. Q,~4A ~ month. " _~~:. ~ r ti~~ 'a - . - ,:-+, m~v_ ~ - _ - ~~t~ t '' • Mayer $uareks No, not $100,000 a month. Mr. Odio: Not that kind of money. h' Mayor "uarez: fiat his calculator ready for him today, I can see! Mr. Odios That's onlq $100,000 a year. That's $90,000 a gear in interest. Mayor Suarez: Maybe $7,000. Commissioner Plummer: Na, I'm sorry, $100,000 a year, OK. Mayor Suarez: Thank you. OK... Commissioner Plummer: But I don't understand. Why are they holding any escroa monies? We didn't agree to that. Mr. Odio: Because the closing, that aas... Commissioner Plummer: No, no, ae did not agree to that, Mr. Manager. Mr. Odio: Wait a minute, you didn't have to agree. We haven't given them the land, and yet we've got their money. They... that means, you don't get all the money until you turn over all of the property to them. Vice Mayor Daakins: But that aasn't the agreement that the proposed to us when they stood up there. Mr. Odio: Yes, it aas. Vice Mayor Daakins: No, that's not shat theq said up there, Mr. Manager. Commissioner Plummer: No, sir. Mr. Odio: Well, ae'd better get a... Commissioner Plummer: ~No, air. Dice Mayor Dawkins: Well somebody... OK, if I'm in error, correct me. Mr. Fernandes: I don't have with me right noa the agreement that came` in front of you when you originally authorised .the transaction-to take-place. - -- The closing .took place, according to the agreement that eras discussed here with you, and they were to retain a portion of the proceeds which I, believe' aas $1,000,000, until for one .year .until ae sere able to move out and. then ; , they. sill..give it to us. Who keeps the interest is shat I am not certain and_ j t" `~' that.': shat I am trying to find out, but it was agreed by this Commisas~ioa, or , _ approved by you that that could be the way the transaction would close. YSce Mayor Daakins: bell, I hate to sag it, but if that's what I voted oa, I; really didn't kaoa I voted on it, .because I never could have voted to sell them any land and alloa them to retain $1,000,000. What's the interest;rate on $1,000,000? Mr, Odio: But the fact is, we haven't.,. .- Vice Mayor Daakins: Mr. Bailap, chat's the interest rate on $1,000,000? ~: ~ s k~ Mr. Odio Sa y you gat eight and one-half percent, nine perceat'is $90,000 .a year, but Cotam~s;sfoner... _~ Vice May~-r Daakinsr I mean, but ae are getting cheated cut pt; $90,000.. iir, ~}dio: Na, we ire sot. -. ,;~ ~ : - ~. . , . -~, Via+~~tayoF Aaakins: W¢ grei. ~; .,; ~r3 <~ios i~Ta ~~-Ve mQ~ givem t~e~a tl~es o art ~ ~ F~ #~ y ~'.; _~ ~ ~~. =.~Bil~ps ~T~ ~nv~, :. tray kava : p+anait~4~ Way t4 stsy ~aD tbe -p~g~~t~- ~s~~'c~ _ . ' ; .. '. I - ;. .. ... , ,_ - _ .~ { ~~ ,i ]. _ ~ - i~. w .; .fa 'I i F'. ~ ~ _ F, ,~.} ?r iY yL'R`'~~- ~litee~3S .3 `rem«~!~ ,.;, ,x Vice Mayor Deakins: they Crave ntlt perrbitted me to stag on nothing. It's mitts until they buy it. Mr. $eileyt Well, it has been bought. Mr. Odio: We got $3,000,000. Vice Mayor Deakins: OK, I'm sorry, gou're right, no problem, no problem. Commissioner Alonso: Was that property closed in escrow, or shat? Mr. Odios We closed the deal and they paid us up front $3,500,000 and ooe ai11 not turn up... Mayor Suarez: We could not deliver possession, Commissioner Alonso. Mr. Odio: We do not deliver the possession of the property. We have eighteen months to deliver, and I think that's a good deal. Commissioner Alonso: It was part of the contract or it was done in escrow? Mr. Odio: Part of the contract. Commissioner Alonso: Is the money in escrow, or what? Mr. Baileys This money is in escrow. Mr. Odio: $1,000,000. Commissioner Alonsos Then there is no interest if the money is in escrow, it should be no interest. Commissioner Plummer: That's even dumber. nice Mayor Deakins: If it is in escroa. Mayor Suarez: Hopefully the escrow account... Commissioner Alonso: It is in escrow or it is not? Mayor: Suarez: ... does bear interest, but the question is, who is going to ba getting it and presumably if they hold it and control it they are probably ' _ getting the interest unless it was otherwise specified, Mr. City Attorney,. Mr. Fernandez: And that's shat I cannot recall without reading the closing ~:` documents, which I've already requested, to let you know in a minute ,x~ _ Mayor Suarez: It was not the entire closing proceeds. It was $1,000,000 out _ of it because ae were not going to be delivering possession for roughly a` - year. - Mr. Fernandez: .Correct. Mr. Baileys We're still using the property. We have , - . Mr. Odio: We've been using the..property. - Mayor Suarez: We're still there. It's °not unusual: We.dad-~at get. the: , " specifics of it. = We did not -discuss them, i don't think.. I think 'tbe vicA , ~ Mayor ins right, I don't retaember that particular term being discussed hers.. '` - Wa approved it in general terms,.whatever Chet sale price Bras, $4;QQ0,O00,:.~r somgtbing~ and obviously ire had, re expect the ,relocation cpst,.~rs ~alc-~lated thQSe in at about two ; point four, I think, sad fret had opscified at. last Shia '. ~. ~. , Coamnission didn't. discuss that it rouid take a .year to turn over tars 4ntire .;' ~, possession, but it makes sense that tro would keep sc-amtbiag is esd~ar Bven ,' , ' `°- though thsad are tiro gover~aeatal oatities, I Trani people is z~eai,~~e w4 •rs;~; _ :: ,' ,' not talking about da+~l~ag hero rich the prcivate sector. ~iob~dy la gQiog .to - take Q~~ with the taxpayer's stoney ~ro~n the escroa.. Qtberti+ss, ~pi~s is 4eai~~ '` rich the t~chool systatn la 'sny ,event, t!t¢, plsaaed procss$ pegpls vs~e ` _ .. ` , cQ~oernsd~ I gues~~ iaf they had bean ~omm~ty p+at-sloent Monk gr+~t mpolss~ ~' ~ a it #+ss -~d lik4 they ~reara taking tno~tlss a~-ay ~r~ other wprkhp prp~e~ts = ;: =, , s,~, : . t~A~ p~'1~~~~'~'4~ ~hA~ ~~9 tQ0~1~e~ CAA ~X' #~~~}#pt- : ~~,~1~~A~ ~`uA6~, ~1s~ ~ a~~r ~` . .. _ %, e ~' ~ ~ ~ ~~ :.,F ^r ~ : -_ 3 -. - k ~' ~.: . J _~---- r- :~?y _ -a~ _ - - athatituted them. t think we've approved that already and they wanted an ordinance and that's what i:a before you, just an enabling ordinance, there's - no new item before you and if there is no discussion on that, I'll ezYtertain a motion on the ordinance that's before qou and that I've sent you copies of, I believe, December 1st, hopefully, although the matter vas already before ue, - it just... Con~:sissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner Alonso: I second. Mayor Suarez: Seconded. Any discussion) If not, please read the ordinance. THEREUPON, TH8 CITY ATTORNEY READ THE ORDINANCB INTO THE PUBLIC RECORD, BY TITLE ONLY. Commissioner Plummer: May I ask a question? Mayor Suarez: Commissioner Plummer. Mayor Suarez: Is that money going to be turned over to them in a lump sum, or are we going to do that as we have in the past and they surrender bills and we pay the bills? - Mr. Bailey: Progressive disbursements. Not in one lump sum, it's progressive disbursements, we've given them one-sixth. Commissioner Plummer: Do we approves the bills? Mr. Castanedas- It will be treated like any other program, they will get a.~ one-sixth advance, they will submit bills and we would reimburse them foi~ _ - that. Commissioner Plummer: But we retain the right to approve bills? Mr. Castanedas Correct. Mayor Suarez: What department is handling it, as long as we are going into that kind of level of specificity, is it yours? Mr. Castanedas Community Development. Mayor Suarez: OK, call the roll, please. .A . x ,, _ AN ORDINANCE ENTITLED -. %~ ti _ s, ,r AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5 OF _ ORDINANCE N0. 10648, THE ANNiJAL APPROPRIATIONS , ORDINANCE, P'OR.FISCAL-YEAR ENDING"SEPTEMBER 30, 1990 . ADOPTED SEPTEMBER 28,' 1989, FOR_°THE PIIRPOSE :OF.. ,, APPROPRIATING $250,000. OF PROCBEDS'GENERATED'FROM THB - LAND SALE OF THE. MUNICIPAL SHOP PROPERTIES TO MIAMI- .- DADE COMMUNITY COLLEGE-FOR THE PURPOSE OF IMPLEMENTING THE PROVISIONS OF RESOLUTION N0. 89-445, ADOPTED JULY ;13, 1989,' AS" AMENDED,. IN REGARD' TO ECONOMIC ~ DEVELOPMENT; CONTAINING A REPEALER PROVISION AND A S$VERABILITY CLAUSE... Was introduced by Commissioner ' Plusrsuer °and seconded = by ~ Comn~sp~.ot~er '= - Alonsa, for `adogtiaa ss:s an 'emergency measure and dispen:fiag Mith the requirement of reading samo on two separate days, which was agreed to by the j following votsc _ _ _ Y. ~ _ ~ -° 'r ~ ~ f ~~~ ~ ~ ,. - ~Y ~ r 1= _ -. ; - ` ~~~~. x -- ;:. ~ ~- _ _ ~ _ N n v ~i _ - ~x ~.;~ - • ~~__ AYB~s Cbsisniseio~-er J. L. Plummer, Jr. ;- Cortunissirsner Miriam Alonso Vice Magor Miller ,t. Dawkins Magor Xavier L. suarez - N085: Commissioner Victor De Yurre ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded bq Commissioner Alonso, adopted said ordinance by the following votes _ AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Magor Xavier L. Suarez NOBS: Commissioner Victor De Yurre - ABSENT: None. COMMENTS MADE DURING SECOND ROLL CALL: Commissioner Plummer: Declare the emergency. Mayor Suarez: Well, it's emergency to the extent that we are voting on it as an emergency and I guess we've been trying to get to this point for many, many months now. } Mr. Baileyz Yea, we had problems with disbursement ... Vice Mayor Dawkins: The emergency is that they've hired staff and they got people on board and they are operating and they haves no money. Mr. Bailey: We've already advanced the money to them. Commissioner Plummer: That's fine, I vote yes. SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 10677. The .City Attorney read- the ordinance into the public record and ~_ announced that copies were available to the members of the City Commission sad-_ to the public. 3 . , .. CONSENT AGENDA ~°,:~ - Mayor Suarez: Now, the Consent Agenda which is Comprised of items~CA-1 ~ ~~ -! ~' _, through CA-29 will be voted on collectively and I know that the Vice.Mayor bas is accordance with our procedure, I am happy :.that somebody is following osxr ~ procedure and has pulled a couple of items 24 hours before .the `Commission - meeting to be. passed.. over to..the agenda of the 14th: of December, Any othoz~ f , Commissioners seed clarificatign, of: course we'll let.,. ~. ~ `- _° ~,.. Commissioaes Plummsrs May I kno~r which thaw are that #s;puilad~ - - ,: - . Vice -Mayor Dawkins a Sluc sad sevssa. . ~ ~. , Mayor Suarezr Items six and souse Nava besa~ pulled from th,~ Consent Agenda ~ ~ ' ~,, more than 24 hours bof+ara this-.meeting. ~ ,: :~ _~_ ,~ - . Commissioner Piusm:ers Tea and. 24. .,~: ~~: ~ Mayor Suarews Hopefully for clarification so that we +~a~1 ~~- tQ tick by .our ;; , " - procedure, items 10 and ~4 wiil be :separately conai~grad. '": , ,~ :: C~caissiQnax Qlonsoz TwoALy-five, pleases ~~-at ~~~ d~csssss~A. ~ ~:, ~~t _, . ~a~-s~y ~waras~ i'wsaty~fivs, Gosxaisaiouer Aiousa, ~,~,:: , , x. ,' t~~ ~ - jar,. , .. ~ _ , ~ .' ~ Y R Lna ~ - u - - ,~ x - - ` ~Y~ - ~ k` _ .,, f Y. .* f _ - - ~~t~ ~ ..r , ' 4 ".~^ z m~"Ki _ y~_ . __ _ _ _ ~ .'y S +a' a~ ,etri"L~f~. _ ~. _- ~. .. - __.-__.._.__ _. - i.t ~. 1. Cormnisaioner De Yurre: 1'ooentq~eight for clarification. ^( .Y Mayor 3uarezs Twenty-eight, Commissioner De Yurre. OK, with the exception of tha items that were pulled from the Consent Agenda, and also items ten, 24, 25 and 2H, we're about to vote on CA-1 through 29. Does anyone wish to be heard on any of those items separately? Let the record reflect that na one stepped forward, except the City Manager Soho is raising his hand. Yes, sir. Mr. Odio: Mrs. Range was concerned that nobody could think... it is item CA- 1, by the way ... that nobody mould think that... she doesn't feel like the Corrnnission is very well prepared to deal with any areas of affirmative action and that she didn't want this to be construed as that. I did ask her, this is my idea, when she left, that could she remain in some areas of affirmative action, since we had the problems in the Fire Department, as an advisor, and I dust wanted to put that on the record. Mayor Suarez: OK, with that additional clarification, I'll entertain... did we have a motion and a second on the Consent Agenda? Ms. Hirai: No, sir. Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner De Yurre: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. - UPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DE YURRE, THE FOLLOWING ITEMS COMPRISING THE CONSENT AGENDA WITH EXCEPTIONS AS NOTED WERE ADOPTED BY THE FOLLOWING VOTE OF THE CITY COMMISSION: AYES: Commissioner Victor De Yurre _ Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None _ - 0. 3.2 ALLOCATR $27,500 FROM LAW ENFORCEMENT TRUST FUND TO COVER EXP'EAiSES INCURRED BY MIAMI POLICE OFFICER FRIENDLY PROGRAM. RESOLUTION N0. 89-1090 A R850LUTION ALLOCATING AN AMOUNT NOT TO EXCEED $27,500 FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND, TO COVER THE NECESSARY EXPENSES INCURRED BY THE MIAMI POLICE OFFICER FRIENDLY PROGRAM, UPON SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows bodq of resolution, omitted here and on file in the Office of the Citq Clerk.) 3.3 ALLOCATE $6,240 FROM LAW ENFORCEMENT TRUST FUND FOR ACQUISITION OF 16 COMMUNICATION HEADSET SYSTEMS. RESOLUTION N0. 89-1091 -_ A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $6.240 FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND TO COVER THE COSTS ASSOCIATED WITH THE ACQUISITION OF SIXTEEN COMMUNICATIONS HEADSET SYSTEMS, UPON SUCH COSTS HAVING BEEN APPROVED BY THE - CHIEF OF POLICE. (Here follows bodq of resolution, omitted here and _ on file in the Off ice of the Citq Clerk.) 3.4 APPROVE PURCHASE OF PHOTOGRAPHIC SUPPLIES FROM PITMAN PHOTO, INC. FOR POLICE DEPARTMENT/IDENTIFICATION UNIT ($63,700). RESOLUTION N0. 89-1092 A RESOLUTION APPROVING THE PURCHASE OF PHOTOGRAPHIC SUPPLIES FROM PITMAN PHOTO, INC., A MINORITY VENDOR, _ UNDER EXISTING DADE COUNTY BID N0. 0989-7/90, FOR THE POLICE DEPARTMENT/IDENTIFICATION UNIT AT A TOTAL COST NOT TO EXCEED $63,700.00; ALLOCATING FUNDS THEREFOR FROM THE 1989-90 OPERATING BUDGET, ACCOUNT CODE N0. 290201-722; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE SUPPLIES. , ,~~,, - (Here follows bodq of resolution, omitted here and •:a:' ,, on file in the Office of the Citq Clerk.) 3.5 ACCEPT BIDS 'VISTA BUILDING MAINTENANCE - FOR FURNISHING JANITORIAL SERVICES AT POLICE DEPARTMENT HEADQUARTERS BUILDING FOR DEPARTMENT OF - G.S.A. {$154,b71.96). RESOLUTION N0. 89-1093. ~ `~~` A RESOLUTION ACCEPTING THE BID OF VISTA BUILDING MAINTENANCE FOR FURNISHING JANITORIAL SERVICES AT THB POLICE DEPARTMENT HEADQUARTERS BUILDING FOR THB - DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ON A - CONTRACT BASIS FOR ONE (1) YEAR WITH TH8 OPTION TO n EXTEND FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS - - AT A TOTAL COST NOT TO EXCEED $154,bT1.96; ''`• ALLOCATING FUNDS THEREFOR FROM THE 1989-90 OPERATING ~'~ BUDGET ACCOUNT CODE N0. 421001340; AUTHORIZING THS ` j, . CITY MANAGER TO INSTRUCT THE CHiBF PROCUREMENT '. - Of'FICER TO ISSUE AS PU1CHASE ORDER ~'OR THIS SERVCCS AND THEREAFTER TO EXTEND THIS CONTRACT FOR T'HRBB +(3) :=; - ADDITIONAL ONS (~) YEAR PBAIODS, SUSJ$CT TO THUG - AVAILABILITY OF' FUNDS. a;: ~ , ~ . ~ {k. ' -W~d 4p' r4'~ __ r - _ ~ r (Here foliov-e body of regoiutioh, omitted hart and ofi fife in the Office of the Citq Clark.) 3.6 ACCEPT BID: A M MULTIGRAPHICS - FOR FURNISHING TiiO OFFSET DUPLICATORS FOR DEPARTMENT OF G.S.A./GRAPHIC REPRODUCTION DIVISION ($25,694). RESOLUTION NO. 89-2094 A RESOLUTION ACCEPTING THB BID OF A M MULTIGRAPHICS FOR THE FURNISHING OF TWO (2) OFFSET DUPLICATORS FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/GRAPHIC REPRODUCTION DIVISION AT A TOTAL COST NOT TO EXCEED $25,694.00; ALLOCATING FUNDS THEREFOR FROM THE 1989-90 OPERATING BUDGET, ACCOUNT CODE NOS. 420501-850 ($19,500.00) AND 420801-840 ($6,194.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.7 ACCEPT BID: AAA COURTS, INC. - FOR RESURFACING TENNIS AND BASKETBALL COURTS AT 5 CITY PARKS FOR DEPARTMENT OF PARKS ($38,963.55). RESOLUTION N0. 89-1095 A RESOLUTION ACCEPTING THE BIA OF AAA COURTS INC. FOR THE RESURFACING OF TENNIS AND BASKETBALL COURTS AT FIVE (5) CITY PARKS FOR THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES, IN AN AMOUNT NOT TO EXCEED $38,963.65; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT N0. 313318, ACCOUNT CODE N0. 589301-860; 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.) 3.8 ACCEPT BID: AAA COURTS, INC - FOR RECOATING OF PLAYING COURTS AT 13 CITY PARKS FOR DEPARTMENT OF PARKS ($47,806.10). >~: RESOLUTION N0. 89-1096 A RESOLUTION ACCEPTING THE-BID OF AAA-COURTS, INC. FOR THE RECOATING OF PLAYING COURTS AT THIRTSBAT (13) CITY PARKS FOR THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES; IN AN AMOUNT NOT TO EXCEED `' $47,806.10; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT N0. 313318, ACCOUNT CODE NO. - 589301-860; AUTHORIZING THE CITY MANAGER TO INSTRUCT THS CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ' ORDER FOR THIS SERVICE. ' (Here follows body of resolution, omitted here :and r`` on file in the Office of the City Clerk.) :~: -, 1Q Aa~~~,b~x' ~, ~~~9 `' ~ - .~. ~J, ~ ~ i 5 ' l - ~ ! J~~ ^ 3.9 ACCf~PT EID: PING-FONTICIELLA & ASSOCIATES, INC. - FOR GRAND AV~1V$ PARK - BUILDING RENOVATION - EXECUTE CONTRACT. RESOLUTION N0. 89-1091 A RESOLUTION ACCEPTING THE BID OF PINO-FONTICIELLA be ASSOCIATES, INC., IN THE PROPOSED AMOUNT OF $9b,990.00, BASE BID OF THE PROPOSAL, FOR GRAND AVENUE PARK - BUILDING RENOVATION, WITH MONIES THEREFOR ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642, PROJECT N0. 331342 IN THE AMOUNT OF $96,990.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here folloovs body of resolution, omitted here and on file in the Office of the Citq Clerk.) 3.10 EXTEND ECONOMIC DEVELOPMENT AGREEMENTS WITH: (a) GREATER BISCAYNE BOULEVARD CHAMBER OF COMMERCE, INC. AND (b) WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. - PROVIDE ADDITIONAL $25,000 EACH TO GREATER BISCAYNE BOULEVARD CHAMBER OF COMMERCE AND WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION TO ACCOMPLISH THEIR ADMINISTRATING AND PROGRAMMATIC OBJECTIVES. RESOLUTION N0. 89-1098 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO AMEND THE ECONOMIC DEVELOPMENT AGREEMENTS IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE GREATER BISCAYNS BOULEVARD CHAMBER OF COMMERCE, TNC. AND WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC., FOR THE PURPOSE OF EXTENDING THE AGREEMENTS FROM DECEMBER 31, 1989 TO .JUNE 30, 1990 AND TO PROVIDE AN ADDITIONAL TWENTY FIYE THOUSAND DOLLARS ($25,000) EACH TO THE GREATER BISCAYNS BOULEVARD CHAMBER OF COMMERCE, INC. AND WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. FROM THE FIFTEENTH (15TH) Y$AR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE ACCOMPLISHMENT OF THEIR ADMINISTRATIVE AND PROGRAMMATIC OBJECTIVES. (Here folla~s bodq of resolution, omitted here and on file in the Office of the Citq Clerk.) ~'~ 3.11 EXECUTE AGREEMENT WITH SMALL BUSINESS OPPORTUNITY CENTER, INC. - IMPLEMENT A COMMERCIAL FACADE TREATMENT PROGRAM - ALLOCATE FUNDS FROM _ 14TH YEAR C.D.B.G. FUND ($12,600). fi, RESOLUTION N0. 89-1099 A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SMALL BUSINESS OPPORTUNITY CENTER, INC. IN AN AMOUNT NOT TO EXCEED $12,600 FOR .THE. PURPOSE OF IMPLgMENTING A COI4tERCIAL . FACADE ~' TREATMENT PROGRAM; ALLOCATING FUNDS THEREFOR FROk~ THE FOURTEENTH (14TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUND. - (Hems fal~iowa bodq of resolution, omitted hero and or file in tha Office of the Citq_ Clark. ) ,; ~ ;~ .; ,. _ ;~ ::~. '~t 4 ~ ~gg'qq - _. G 3.12 EXECUTE AGREEMENT WITH MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, INC. (MLttEDC) - IMPLEM~3PJT A COMMERCIAL FACP TREATMENT PROGRAM - ALLOCATB FUNDS FROM 14TH YEAR C. D.B.G. FUND ($7,000). RESOLUTION N0. 89-1100 _ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, INC. (MLKEDC), FOR THE PURPOSE OF - IMPLEMENTING A COMMERCIAL FACADE TREATMENT PROGRAM] FUNDS THEREFOR BEING ALLOCATED FROM THE FOURTEENTH (14TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUND IN AN AMOUNT NOT TO EXCEED $7,000 DOLLARS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.13 EXECUTE AGREEMENT WITH WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. - IMPLEMENT A COMMERCIAL FACADE TREATMENT PROGRAM - ALLOCATE FUNDS FROM 14TH YEAR C. D. B. G. FUND ($9,800). RESOLUTION N0. 89-1101 A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. IN AN AMOUNT NOT TO EXCEED $9.800 FOR THE PURPOSE OF IMPLEMENTING A COMMERCIAL FACADE TREATMENT PROGRAM; ALLOCATING FUNDS THEREFOR FROM THE FOURTEENTH (14TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUND. (Here follows body of resolutions omitted here and on file in the Office of the City Clerk.) 3.14 EXECUTE AMENDMENT TO LEASE AGREEMENT WITH COCONUT GROVE SAILING CLUB, INC. -MODIFY TERMS OF THE AGREEMENT. RESOLUTION N0. 89-1102 A RESOLUTION WITH ATTACHMBNT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THS LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE COCONUT GROVE SAILING CLUB, INC., A NOT FOR PROFIT CORPORATION, FOR MODIFICATIONS TO TH8 TERMS ;t OF THE LEASE AGREEMENT WHICH CONCERNS ARTICLE IV., DEFINITIONS; AND ARTICLE V., CONSIDERATION, CONDITIONS, PENALTIES AND ADJUSTMENTS TO SAME. (Here follows body of resolution, omitted here and -` on file. in the Office of the City Clerk.) _ 3.15 AUTHORI28 LEASE AGREEMENT (5 YEARS) WITH STATE OF FLORIDA DEPARTMENT OF ;~ TRANSPORTATION FOR USE OF A PORTION OF TH8 CULMER CENTER PROPERTY (1009 'I' N.W. 5TH AVENUE). ~~ RESOLUTION N0. 89-1103 ., A RESOLUTION WITH ATTACHMENT, AUTHORIZIN4 TF1E CI~X ;' MANAGER TO ENTER INTO A LSASB AGR88~iT, IN ~: SUBSTANTIALLY TIDE ATTACHED Fob, wITH sTAT'R of ~, FLQR3AA, 1)BPARTHBNT OF TRANSPORTATiON,.:FOR"TMB tJ3F OF A PORTION QF THE CULMMR CIfl~$R PAQP$RTY, ~i3 I~Q~ P,~~TCOLARhX pSSORIBBD IiRRBIN, AL$© KNOWN AS 1Q09 ,~, %: NOATHt~ST -FIFTH AVSNtJE, MIAMI, FLO1tiDA, SAID LSA3$ '~ $BING FOA A PERIOD OF FIVE Y~tARS, -a ~:' ~;;: ~_ , ,~~ Ili~~a~be~' 7, 1.44, f ~;. ~~ ~k ~,:n ,h -:5~. -.~~..... ~ 7 _._,.~ - ,~ -_ (Here follows bad~r of tesalutior~, omitted here at~d on file its the Off ice of the Citq Clerk. ) 3. 1b EXECUTE AGREEMENT WITH FRIENDS OF THE JAPANESE GAttDEN, INC. FOR MANAGEMENT AND OPERATION OF CITY-OWNED PROPERTY ("ICHUMURA JAPAN GARDEN") ON WATSON ISLAND. RESOLUTION N0. 89-1104 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THB CITY MANAGER TO EXECUTE AN AGRBEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ND TH8 FRIENDS OF THE JAPANESE GARDEN, INC. FOR THS MANAGEMENT AND OPERATION OF THE CITY-OWNED PROPERTY KNOWN AS THE MIAMI - ICHUMURA JAPAN GARDEN LOCATED ON WATSON ISLAND, MIAMI, FLORIDA, FOR A THREE (3) YEAR PERIOD, WHICH TERM MAY BE EXTENDED BY THE CITY MANAGER FOR THREE ADDITIONAL THREE (3) YEAR PERIODS UNDER THE SAME TERMS AND CONDITIONS, SUBJECT TO CONTINUED SATISFACTORY PERFORMANCE BY SAID ORGANIZATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.17 RATIFY CITY ATTORNEY'S EMPLOYMENT OF DANIBLS, MASON ~ KASHTAN, PA. AS CONSULTANT, IN CONNECTION WITH THE CASE OF MCN'EW MARINE CONSTRUCTION, INC. VS. CITY OF MIAMI VS. RONALD A. FRAZIER & ASSOCIATES, ST AL. RESOLUTION N0. 89-1105 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY ATTORNEY'S EMPLOYMENT OF TH8 LAW OFFICES OF DANIELS, MASON & KASHTAN, P.A., TO SERVE AS CONSULTANT IN CONNECTION WITH THE CASE OF MCNEW MARINE CONSTRUCTION, INC. VS. CITY OF MIAMI VS. RONALD A. FRAZIER & ASSOCIATES, ET AL., WITH THE FEE FOR SUCH SERVICES NOT TO EXCEED $25,000.00; SAID MONIES THEREFOR BEING ALLOCATED FROM THE CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND. (Here follows body of resolution, omitted here and on file in the Off ice of the City Clerk.) „ `, ~'P ~~(}: . 3.18 TASTE OF THE GROVE FESTIVAL: AUTHORIZE STREET CLOSURES - AUTHORIZE BEER/WINS PERMIT -ESTABLISH AREA PROHIBITED TO RSTAYL PEDDLERS. RESOLUTION N0. 89-1106 A RESOLUTION CONCERNING THE TASTE OF THS GROVE FESTIVAL TO BE CONDUCTED BY THE TASTE OF THE GROVE COMMITTEE, ON JANUARY 20-21, 1990, AUTHORIZINQ THE. CLOSURE OF DESIGNATED STREETS TO THROUGH'VEHICULAR =c, TRAFFIC SUBJECT TO THS ISSUANCB .OF PER3~lITS' SY: THS = DEPARTMENTS OF POLICE AND FIRE, RESCUE AND k p~ INSPECTION SERVICES; AUTHORIZING ATWO-DAY PERMIT TO ?`~'. SELL BSBR AND WINE IN CONNECTION WITH ~ SAID - EVENS ~` ~' SUBJECT TO THE ISSUANCE OF ALL PERMITS RBQUIRED BY - ` LAW= FURTHER ESTABLISHI~iG AN AREA PROHIBITED TO ~fi RETAIL PEDDLERS .DURING TH8 FERIOD OF SAID FESTIVAL; CONDITIONED UPON THE ORGANIZERS PARING FOR TH8 `~ NECESSARY COSTS AND -THE REQUIREMENT THAT TH8 CITY .,.s WILL 8E INSURED AGAINST ANY POTENTIAL LIABILITY, '`'" (Hero follows body of rasoiutiQn~ om~ttad h4ra sad Qa rile is the OfficA of the Clty Cl~rk.3 _- -_ 3.19 AUTHORIZE STREET CLOSURES AND BEER/WINB PERMITS - ESTABLISH AREA PROHIBITED TO RETAIL PEDDLERS AND PEDESTRIAN MALL - RELAX E'IREWORKS LIMITATIONS - FOR: (A) 1990 CARNAVAL MIAMI PASEO, (B) 8K RUN, (C) BIKE DASH, (D) CARNAVAL MIAMI INTERNACIONAL AT BAYFRONT PARK, AND (E) CALLS OCHO OPEN HOUSE FESTIVAL. RESOLUTION N0. 89-1107 A RESOLUTION CONCERNING, THE 1990 CARNAVAL MIAMI PASEO TO TAKE PLACE MARCH 4, 1990; THE 8K RUN ON MARCH 10, 1990; THE BIKE DASH ON MARCH 10, 1990; CARNAVAL MIAMI INTERNACINAL AT BAYFRONT PARK ON MARCH 10, 1990; AND CALLS OCHO OPEN HOUSE FESTIVAL ON MARCH 11, 1990 TO BE CONDUCTED BY THE KIWANIS CLUB OF LITTLE HAVANA, PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC; ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THB ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENTS; AUTHORIZING THE SALE OF BEER AND WINE IN CONNECTION WITH SAID EVENTS REQUIRED BY LAW; FURTHER RELAXING THE TIME LIMITATIONS ON THE DISPLAY OF FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC DISPLAYS UNTIL 12:00 MIDNIGHT ON MARCH 3, 1990, AT THE ORANGE BOWL FOR CARNAVAL NIGHT, ON MARCH 10, 1990 IN THE VIZCAYA AREA IN CONNECTION WITH A SPONSORS PARTY AND ON MARCH 10, 1990 AT BAYFRONT PARK IN CONNECTION WITH CARNAVAL MIAMI INTERNATIONAL SUBJECT TO ISSUANCE OF APPROPRIATE PERMITS; CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ~_ 1 7, 3.20 CAPITAL BANK ORANGE BOWL 10-K RAGE (TO BE CONDUCTED BY THE MIAMI RUNNERS CLUB) - APPROVE USE OF STREETS IN COCONUT GROVE DURING EVENT - AUTHORIZE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW. RESOLUTION N0. 89-1108 A RESOLUTION APPROVING THE USE OF STREETS AND THOROUGHFARES IN COCONUT GROVE DURING THE CAPITAL BANK ORANGE BOWL 10-K RACE TO BE CONDUCTED BY THE MIAMI RUNNERS CLUB ON DECEMBER 30, 1989 BETWEEN THE HOURS OF 4:00 A.M. AND 12 NOON, SUBJECT TO THE ISSUANCE. OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUB AND INSPECTION SERVICES; AUTHORIZZNG THE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON THB STREETS TO 88 UTILIZED AS PART OF THE RACE COtTRSE; FURTHER CONDITIONED UPON ORGANIZERS PAYING FOR ALL. NECESSARY COSTS OF CITY SERVICES AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) NOTB FOR TH8 RECORD: At this point, Ageada item CA-l0 is vitbdrawa by Administration. ----......r s11A-...-f1Tw.T9-Rlmf.Irl.fT}~.~.~T~~T!IT!!.!rR-~rT~~Tl~~w~-~~~T~-IM .w~ ,'~.. 14 ~a~tAP1~1l~X ~,; ),~~ii ~; .~`` nrr.~+r~.wr~rr~r.rrr.rrr.rr.~rr~~.-~r~.+r.r.r-~-~..~-~rrr~-rir~--r--.rrW~rrrr~rr~r~~r..irrrrr+. r:wir 4. AUfiHORI2R LEGAL PRbC1~RDINQ3 AGAINST MARY CLOZIR AND VBLMA SCOTT (D/B/A/ GRAND DISCOUNT 88AUTY S~}'PLILS) TO R~COVBR LOAN FUNDS GRANTED SAID _ INDIVIDUALS VIA THB CITYWIDR SMALL $USIN$SS DI~VELOPMENfi PILbT LOAN PROGRAM ($9,249.45). Mayor 3uarezs Item CA-24, Commissioner Plummer. Commissioner Plummer: I dust want to know what is this? Is this another one of the programs that... hello? Mr. Odio: 24? Commissioner Plummer: Is this another one of the loans that went sour or what? Mr. Fernandez: Community Development will be able... Commissioner Plummer: Where is the department of "botellas"? _ Mr. Odios No, this is to collect monies that are owned owed us to the ... It is not the department of "botellas." Vice Mayor Dawkins: Go the mike, Ma'am. - Commissioner Alonso: It is a complicated item. Mr. Odio: This is a city-wide small basis developm~snt pilot program and Mrs. Mary Clozie and Miss Velma Scott owe the City $9,249 and we want to collect our money. Commissioner Plummer: That's fine. Do we have collateral? -- Ms. Velma Scott: OK, first of all, I'm going to say good morning. Commissioner Plummer: Wait, whoa. I'd like to hear from the high priced help over here. Mr. Castaneda: Yes, there is a bigger issue here. There pas a forgery in signatures. involved. Commissioner Plummer: That's criminal. Go ahead. c ~ Mr. Castaneda: There was forgery in ... Velma Scott's signature was forged _; in the document. ~; < Mr. Fernandez: All that I can tell you both is that our department has been asked to file a lawsuit civilly to collect form these ladies. Anq-other aliegationa belong in another forum and they should have bees propexty reported. F= -~ Mayor Suarez: Well, this Commission is always open to all kiada of ^. _ .-~ allegatioas, but your... t Commissioner Plummer: Don't we know! Mayor Suarez: As pe rcmember f torn the 13at meeting, ~ for example, butt `it is -. correct that the main proceeding that i+e have... would be initYating with this action is a civil proceeding to collect the. debt like any other. And I gather that you may be` in a position of being debtor Ma'am,` and s-ant to address x3~is Commission. ~ommiasioner Plummer, is that all right, or...7 , Commissioner Plusnner: Ali 'I wasted to kaoa~ eras in particular i~` Mare i~a anpthiag that should not be discussed here aad is part of xn ongoing '' ... . ~.3.tig~tion, ~ttat's ' Niue, let it.'. ~ but _ I think 'that -> the matter ahoµid be ~-ithdra~rn at thi+a time ' ii ~vo cam~t know all Q# the. particulate ~d l'~m ~Qt informed, I dom't think we e-hould vote oa it. - ;, _. ~. ~ap~r ~uaroet xou ~ doa't: west. ua to ~ol~lect the .$9. ~~-9' apxT ., -i~, k~ , - ,' ~ i9: ae~e~be~ ~~ ~_~~~, : 1 ,~ ~ , ~ `~ ., ~~ - - ~oimniesioher Plutntaer: 'that's a dumb statement. Mr. Odin: Weli, you are saying not to bring... Commissioner Plummer: No, I'tn saying is, that if you can't tell me the whole story and until you can, I don't think I should vote on it. Mr. Olio: Put the whole story on the record. Commissioner Plummer: If you want to tell me the story, then I' 11 make my decision whether to note or to not. Mayor Suarez: I guess what the Manager is saying is that there ie enough that we know and can clearly say on the record as to the fact that the money is owed, that we can certainly vote on that and the Commissioner might want to get acme additional details, possibly without doing on the public record dr not. I don't know, it seems like the debtor is here, and if she wants to say something, unless you want to lust want to withdraw the item, Mr. Manager. Commissioner Plummer obviously wanted more clarification and she wants to say something... Ma'am, give us gour name and address. _ Ms. Scott: First of all, my name is Velma R. Scott. I live 10752 SW 145th Street in Richmond Heights. I am an ex-business partner of Grand Discount Beauty Supply. Mayor Suarez: Which is the debtor, presumably, Frank? What is the name of that debtor company? Ms. Scott: It was Grand Discount Beauty Supply. OK, when the Coconut Grove - Human Resource called me on my job during the month of October '8$, which was... his name was Bo, I informed him at that time I was no longer a part of Grand Discount Beauty Supply. He was like the intermediator.- He was the one that brought the application down... Mayor Suarez: Well,. let me sap this, that's all very interesting, however, we _~ lend money to some agency or some entity, unless the Commission wants to delve nto the relationship within that agency, if we are owed money and we are not paid, I defer to the judgement... Ms. Scott: But I never signed it, I never signed it. ~. ~~, Mayor Suarez: ... of our staff that we go collect the money. Can you address that issue? Why should we not collect the money? - Ms. Scottz Because I never signed the law, I never signed the deal . She took „~ t~ , ~.~' - someone down there... ~ - Mayor Suarezs Is she personally a guarantor? - Ms. Scott: She took someone down there pretending to be me and she signed it, her and someone else and I... f, Mayor Suarezs I see. Well, that's interesting. Ms. Scott: I seat down to the City of Miami Police Departanaat, I filed a _ report... ;, - Mayor Suarezs But you know, all you have to do in the case, if that's what happened, ail you have to do is establish that you didn't sign it., ,that#s: not your signature. Ms. Scotts I did and Miranda knows because she'was the owe, her::. - ~" ; ~ -_ _ bAyor Suarez: Right, wad it won't affect you thew. We may have ~ judgment - t sgaiast the entity, bat sot against you psrsonally.`' n '.` ..., ~~- &cott; ~ Weii, Mayor ~Suaa~ez, that's what i've done also. I'vt~ , contaatmd a - lawyer becaut~ae I felt that you kacv~. , . -.. .. - ~°' !lgys~r Suarez: 7fes, and ~ haadart#ug export, pQae~b~y, ~. ' ,.. - - ,~ ~~-. ~ 1 fl ~ . . ~. - ~. - ~ ~.. ~ L : . ~V .~~ rF1F ^ '~rtC u ^R ~ avR ~5 ~< ~_ i a. - _-- _ - - Me. Scott: ilea, Y have that, but Miranda was there, yrank Castaneda wgs there, When 1 went to her office, she knew it was not roe, she said it r-as someone else that came down there pretending to be Velma Scott and this girl here, she also gage them a letter of power of attorney that was notarized saying that I gave her permission to sign these law. I was never there, t never saw my name on any of the lots. Mayor Suarez: Oh, she brought a power of attorney, presumably, or allegedly, signed by you, giving her authoritq~ Ms. Scott: No, it was not signed by me, it was not notarized, or anything. - Mayor Suarez: All right, well these are all interesting legal proceedings. - = Unless the Commission wants to get into all of this, I would be disposed - either to defer to staff, or if Commissioner Plummer wants to hear more about it, table the item, or if all you want to just get more information on it, just simply continue it, but I personally would defer to staff. I mean, if _ you think you can collect, obviously, we'll take into account all of your - involvement in this, or not involvement, apparently, or whatever it this... Ms. Scott: I mean, I'm not involved and I don't feel that I... Mayor Suarezs That's it, all you have to do is establish that to the satisf action of the court. - - Ms. Scott: Well, that can be established with Miranda Albury. _ - Mayor Suarez: I understand, but... ~0 Ms. Scotts I mean, I don't want to be held responsible for something... _ _ Mayor Suarez: If you want to know one other legal point, you are going to - _ have to show that that person was not acting ae your duly authorized agent, even if that person... you know, even if it isn't signed. Ms. Scott: Well, she... Mayor Suarez: No, no, I mean, you'll just have to prove that, that's all. Ms. Scott: Well, she admits to say... Mayor Suarez: But we are not a court of law here, you know. - Ms. Scotts I understand, but she admitted to do ...she said she did it. She told Miranda also. She did it because she was ... ~ . µ ~ 4l .~, Mayor Suarez: It sounds like you are .going to be totally left out of this, but the entity itself will have a debt.- I don't knovr if we'll be able to collect against anybodp. Do they have any assets, just out of curiosity? }: Mr. Castaneda: They have very little assets, but her... - . Mayor Suarez: That's great. I love it when you say yes and Miranda. says no. ' ~ ;; Mr. Castaneda: They have 13ttle assets, but the other lady's brother is - v-illing to revolve the debt for her sister, vo... ~ Mayor Suarez: OK, we get another relative involved her. J.L., it was your ~: `~~ clarif icatioa, Commissioner Plummer: Hay, I don't.... t Mayor. Boater: You either have it clarif led or so coafuvsd at thin pc.~.tt~,:~hat you~drather j uvt defer to them, e~.ther vay, let'v act on it. ,;: ':' Commissioner Plummets Weli, if va are due monoy and the brother is willa~g LQ pRy iG, , _~et's , collect fit, so s+hy go to court if be's ~-ii~~g ~.~~ .pay i~.3 `~ ~k~a~' a mat I goose I'm, .. ;, Mayo~t Su~zea ~ SJn~e~a you. , . ~ltet~v..trbd~ yr,s;~~4 .t~'y~.z~ .~~ 1s~~~. !t#~i~• ~~~~~~ ~~iM~ C~1~I4~,r34i~R~~'~ i~Odax ~~. ~"#111~~ : , ~.Y , , . ; s. - - .~~ : a ~ - X ' d ~,. r `.~ 1 ~ l ~ . X46 ~.~L'~. +~~ ~_ - - _- _ Mayor Suarez: That's what we are trying to do, be able to carry out the clai>ti and.. , Oft, I'll entertains a... Commissioner Piummere i'll move 24, but I would like to be informed as to what is happening as it proceeds through. Mayor Suarez: CA-24, and please keep him advised, he wants mare details. Vice Mayor Dawkinss Second. Mayor Suarez: Second. Any discussions If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION N0. 99-1109 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE APPROPRIATE LEGAL PROCEEDINGS AGAINST MS. MARY CLOZIE AND MS. VELMA SCOTT, D/B/A/ GRAND DISCOUNT BEAUTY SUPPLIES, TO RECOVER LOAN FUNDS IN THE BASE AMOUNT OF $9,249.45 TO SAID INDIVIDUALS VIA THE CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution eras passed and adopted by the following vote: AYES: Commissioner Victor De Yurre _ - Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. - - ABSENT: None. -_ Mayor Suarez: Ma'am, you may want to get a copy of the transcript of these proceedings. That might be useful to you at some point in your defense. 5. (A) ENDORSE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) BOARD'S POLICY FOR SELECTING AND NOMINATING BOARD MEMBERS. (B) ESTABLISH POLICY THAT ALL BOARD APPOINTNISNTS MADII BY` PRBDEC8530RS OF CURRENT MEMBERS OF THS CITY COMMISSION `BE ALLOWED TO RESIGN SO THAT M8M88RS CZJRRSNTLY SERVING ON : THB ~' CITY _ COMMISSION BB ALLOWED TO MAKE NEW. APPOINTMENTS.. Mayor Suarezz We have another clarification which. was item CA-25, Commissioner Alonso. - Commissioner Alonso: Yes, I have some question concerning tha seer noa-inations to the board and in the method to be used, it says the Ho4rd Notniua~ting '` _ committee sill by appointed by the Mayor and could you explain to me,..? - . .6 1Mr.: Matthaei Sche-artz: Sure, the Mayor is the chaixsaaa of the AAA h+o~rd also, ~' so that-'the Mayor erould appoint the nominating committee made f~osa the DAA , ' . board members. the Mayor has a dual.,. one of his functioa~ ~.a'nlso..,. .. ,: ~ ,~ Ccs~nmia~aioner Alonso: So i~a his function, in that lunctioa ha , ~4ci11 he ~ :' ~T appoiatiag the `committee that Nili be aelectin$ actually.,. - ~;,: fix. ° ~+~t~~-~-rtas Makln$ recommeadations that ~rould than. , . the ~rpblem, ghat is ,, . F :, #ap~¢ned, uadsr the City Cpdp, AAA bpax~ ~~nbe~'a a~~ nominated by th~+ ~ :;' , &. t~aasd': ~iyst, ~hQn brought to` 'the GQmam~.aeion for ~l+p~stvnl;. `~~ Izroe~as w+.+~ a~a . . - ;~ ,~~: r: - ~ s :, ~s~• i~ ~e~~~be~.a~-~~~~ ` ~.~ , <~ ~~ ~ ~,, . <: , ,, . u ~~. ~ ~. . .~: _ . _ e • trying to do is trying to maintain a running list of recommended board members getting the direct input that sort of formalize, the process of getting the input from the Commissioners for the board to look at and to recommend back to the Commission, but obviously this City Commission has the ultimate authority on who is appointed to the DDA board. Commissioner Plummers How does this deviate from the present policy? Mr. Schwartz: Well, the present policy only requires that the DDA board recommend to the City Commission. This really sets up a policy formalizing, bringing the nominations before it is even approved by the nominating board to the City Commission informally to get their input to rank... what happened is when the board was expanded from 19 to 29 members, Commissioners each had two appointments to the board, direct appointments, which was different from process that the City Code requires. Mayor Suarez: The last eight were done that way. Let me state to the Commissioner, possibly we can built it into this item. The last eight were appointed, and I gave up any right to nominate any myself and each of the Commissioners got two. I would propose that the two that were nominated by the predecessor of Commissioner Alonso be asked to resign and she can then give us two additional names to refill those, as part of this. I don't know if we ought to formalize that into the form of this ordinance. Is this an ordinance, by the way? Mr. Schwartz: No, this is a resolution. _ Mayor Suarez: Just a resolution. Maybe we could build that into a resolution that those two should be substituted or at least be able to be substituted by the new Commissioner. Mr. Schwartz: We have... Mayor Suarez: You are not going to object to that, are you? Mr. Schwartz: I would never object to that, but ... Commissioner Plummer: Hal He'd be replaced if he does. Mr. Schwartz: ... there are five appointments coming up in Juae for the DDA board. Mayor Suarez: And those five then. would follow this procedure where we would come to the Commission. Mr. Schwartz: We follow this procedure, but I'm sure the DDA board would be ~~~~ - very anxious to you know, take suggestions from Commissioners. Mayor Suarez: Yes, is fact, I don't know if this is built in, because I :,Y didn't look at the item, I'm embarrassed to say,. but maybe wa can do for each group that comes up, is proportionately split them among the Commissioners and A+ ~ ask. for a nomination from each one of them, like if there is five coming up, `- one from each. ''4 u - Mr. Schwartz: More with this process... - - - Mayor Suarez: You don't disagree with that, are you? ~r ~• • • ~~ Mr. Schwartzs No. Mayor Suarez: Thank you. Commissioner Alonso: Thank you. Camtnissionsr l'lummers Miriam, let me give you a little comfort. AL nay tiaq~e, _ three votes of this Commission can abolish the DAA. Y; ;,_ Mayor Soarer: It's a special independent taxing district pursuant to State Lap and it... let's put it this waq, we could impede its functioning to the point that i know Matthew would resign and then he would cotes back to our staff, by the way, so I think he's got a right to come back and that +aouifl - cost us money, but that's another issue. _ Commissioner Plummer: Be careful Miriam, there is two votes here already. Mayor Suarez: You grant to build in the proposal on the two that were appointed by each of the Commissioners that we take back the sense of the Commission that the two that were appointed by pour predecessor should = resign? - and we give her the opportunity to appoint two nevi ones and that all subsequent appointments also be done proportionately by the Commission, at - - least as to who nominates them. You want to build that into the resoiution7 I would offer that motion if you want, I mean, I am the chairman of the DDA. Commissioner Alonsoe Yes, Yes. Commissioner Plummer: Let me ask a question. Are we setting a precedent? _ Mayor Suarez: Well, the only other time that v~e've adjusted a board composition was the Sports and Exhibition Authority when Commissioner De Yurre - =_ was elected and it made sense at the time for that one. I don't see why it _ - doesn't make sense fox this one. Connnissioner Plummer: Or all. Mayor Suarez: Or possibly all. Commissioner Plummer: Yea, I think that the real police question, are we setting, by doing it in one, and let me express my opinion, I don't care... Mayor Suarezs This was an easy one, you got... Commissioner Plummer: ... as long as the policy is fair and equitable across = the board and everybody knows that by the rules of the game, I got no problem -_ with that. Mayor Suarezs But some others are more difficult. They have more complicated ordinances. There might even be some Charter boards that we have conceivablq - would require Charter changes. I think maybe Zoning and Planning, I'm not - sure. This is an easy one, we've got the chairman of the DDA sitting here ex- off icio. I am willing to make all these changes and make sure that my board approves them. ~~. ~' ~ ' . ~ ; ~ . ~ - Mr. Fernandez: Now, what this resolution is doing is that this Commission ie t: endorsing as it were, an internal administrative policy of the DDA and they have the power inherent in them to make all of these policies themselves..'. . They are coming to you asking-for you to endorse a nem procedure that theq i will be putting in place for the nomination. Ultimately you continue to ~' retain the ultimate Bower to appoint. Mayor Suarezs Well, can we build into that procedure a mathematical fotypula - that says we will apportion the:naw appointments to the Commie ion and se to .: the last eight... Mr. Faraandeza But that would then be a change: in the .ordinance. All .that ^_ x you are doing today by `resolution ae a Commission ie endorsing.,~a system that DAA has come'up for,'actuallyaccomplishing the same thing. ` ~, Mayor Suarez: No, ao, because I`am sot asking for a change in'the~ord~nance, ~_ -' I know that that is sot before ue, I. am f u~t aekl~ng, .for a sense ~~ thi~a Commission that we would like to apportion ail new appciatmente' . = proportionately to the five of ue. ,. Mr, Fernandezs Sot if you seated them t4 do that, Mr, Mayor..,. Mayer Suarezs tot iortnaily, duet the seaao s-f the Co~-issiQn that me vrant tQ `.' do it in ~ proportionate May. . '' _ ~. .. } _ ~~ r , , A ~ - ~ r 4 -, ~ • • `z Mr. ?'ernanderts i~eii sure, and you pant to continue establishing tradition - without actually having it established in the... Mayor Suarez: I sent to do something short of an ordinance, because an ordinance would require change that we don't have before us. I want to do it by resolution today so that we can get that out of the way and start moving. Commissioner Plummer: Set policy. Mayor Suarez: Yes, set policy, it's a pal icy, OK. Mr. Fernandez: But it would be policy that you would be setting with a... Mayor Suarez: The ultimate decision is up to us anyhow, whether we accept say of them or not. We have a lot of problems, Commissioner Alonso, accepting the nominations as they come from the DDA. Now, we will give them input before they nominate and then we have the ultimate decision anyhow, but at least me are building in here that we are going to try to follow numerical allocations. Mr. Fernandez: Keeping in mind that all the... = Mayor Suarez: And as to the last eight, that we are going to try to take the -_ two that were suggested or nominated by Commissioner Kennedq, then Commissioner Kennedy, to resign so that Commissioner Alonso can appoint - whoever you wants, or suggest whoever she wants for appointment. Nomination by the board and appointment by this Commission. We can't get... - Mr. Fernandez: The only thing you are doing is impacting the very front end - of the process. You are not doing anything to the end... Mayor Suarez: That's what used to give us a lot of hassles was. the front end - of the. process, because these names that keep coming to us, they were note - acceptable, we sent them back to the DDA and then, you know, they were not acceptable to them, and somebody would threaten to eliminate the DDA, etc., you know, and the thing was a mess. So, at least we are changing the front end policy, not by ordinance, just by policy. Mr. Fernandez: By policy, and that you can do. - Mayor Suarez: And I'll build all of that into a motion .and make that motion _ myself and hope that somebody will second it. TAPS 2 Commissioner Plummer: Second. As long as ft's fair and equitable across the board, I have no problem with it. Dice Mayor Dawkins: Will there be any further discussion, Commissioner ''k Plummer? Then we may vote now? Thank you, sir. Call the roll, Madam Clezk, please. _ _;L Tho following-resolutions were introduced.. by Mayor Suarez, who moved°their - adoptions RBSOLUTION N0. 89-1110. A RESOLUTION WITH ATTACHNSNT, ENDORSING THB DOWNTOWN DEVBLOPME~NT AUTHORITY ("DDA") BOARD'S POLICY FOR ~. SELECTING AND NOMINATING:INDIVIDUAL$ FOR POSITIONS ON ~` THii::DDA BOARD] FURTHER BXPRBSSING THE INTENT OF THB .COMMISSION TO COOP8RAT8 WITH TH8 DDA BOARD IN IMPLEMENTATION OF.THIS POLICY. {Here follovra body:of resolution, omitted here-.and=oa .- ~~ file is the Office of the City,Clark.) - - ,. .-~, ~s 4 u x , ~ ~ t _ ~ _ - - - h ~ T ~, ~ ~~5~n~$" `~ ~~.' f • RESOLUTION NO. 89-1110.1 A RBSOLUTION ESTABLISHING CITY COMMISSION POLICY REGARDING PROPOSED NOMINEES TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD ("DDA BOARD"); FURTHER, R$QUBSTING THAT THB LAST TWO BOARD MBMBERS WHOSE NOMINATION WAS SUGGESTED 8Y FORMER CITY COMMISSIONER ROSARIO KENNEDY RESIGN THEIR MEMBERSHIP ON THB DDA $OARD AND THEIR SUCCESSORS BB SUGGESTED BY CITY COMMISSIONER ALONSO FOR NOMINATION BY THE DDA BOARD AND SUBMISSION TO THE CITY COMMISSION FOR CONSIDERATION OF APPOINTMENT A3 DDA BOARD MEMBERS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commmissioner Plummer, these resolutions were 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. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: And I didn't say it before, but I'll say it now, the reason that we even went to the two per Commissioner .for the last date is that the old system, the former Mayor used to pretty much decide whatever he wanted to be in DDA':... but anyhow, we won't get into that. Commissioner Plummer: That's back when it ran smooth. - 6. THR88 KINGS DAY PARADE: - AUTHORIT8 STREET CLOSURES - ESTABLISH AREA PROHIBITED TO RETAIL PEDDDLERS. -~ Mayor Suarez: All right, any other items that need to be clarified Item CA- 28, Commissioner De Yurre. ~' Commissioner De Yurre: I want to get an understanding as to what they mean = here by establishing a area in which all occupational licenses issued to retail peddlers will not be applicable, or valid during the period°of said event, the underlined portion. Mr. Odios What this means that all street peddlers in the area of the parade are not allowed to sell during that period, they have the right; they `are' giving the right for the Three Kings Parade to do that. Commissioner De Yurre: And they have a right to do it by having their _ license... how does that work? ~, Mr. Fernandez: Whan they apply to get their occupational license: a~a ;; - psddiera, they are told that there are a somber of days in ~-hich the City of ' ~= r Miami can hold their license in abayance or where they agree be Lo put out of : their location or declare their license _ineffeative so tk~at the City theb caa ~~ effectuate other purposes in having special events: and giving tbe;rfghts of =~' vanding to the people holding the. special agents. '' ~.' CommsiseiQaer De Yurro: OK, has this been dose oa' am aaau~l fi~sis with the • • Commissioner be Yurre: gvery year it's Hone. Mr. Castaneda: Ah hutn. Comrni~tsioner Plutsmers Moat ail parades and most events. Commissioner be Yurre: I just wanted to make sure it wasn't something nee. Commissioner Plummer: I thought we were going to build that into any of the situations that we had, so it didn't have to come up every time. In other words, these are the ways that the festivals, hopefully, will derive revenue back to the festival rather than these outside peddlers, but it was my understanding, Mr. Manager, ove were going to build this into the format so that it didn't have to come up every time. Mr. Castaneda: You want them for next year to be part of the $200,000 resolution? Commissioner Plummer: I think it's fine and it eliminates a lot of hassle up here and a lot of the problems. Mr. Odio: No, but the street closing has to come back to you every year, see - that's the problem, that's why we are here today, not... Commissioner Plummer: I understand that. OK. Commissioner De Yurre: One of the things that originally, whenever you have a - parade or you have an event, it's supposed to stimulate the- business community of that area, And if you are telling me then that restaurants along - 8th Street are going to have competition from the people that are running the. event, then what purpose does it serve for them? Originally, you know, are do these things, is to stimulate the area and to get people in the area to go to restaurants, you know, but that's one of the reasons... Coromiasioner Plummer: No, Victor, this dose not propose to close the businesses, this is peddlers only. Commissioner De Yurres No, I am not talking about the business, but I'm telling him bring in the competition. Mr. Castaneda: Yes, but it does bring competition. Commissioner De Yurre: Directly, I mean like for example, Malaga Restaurant, -, --~ you ..know, they look forward to, just like the Grove... ~ ~ - Commissioner Plummer: But this doesn't preclude them. - Commissioner De Yurres ~ I know that, but. you are bring in competition, •so- it `- kind-`of offsets the whole purpose of why you would have an event therm; to stimulate business is that area. Mr. Castaneda: Yes, but Commissioner, for example-you take,Calle.Qcho;<~hiah ie a si~cable event. You know, you pay, these vendoris pay the Ki~ranis amount _ of money for. $ space, but if they were unable to collect that mosey, they could'not be able to have the event, eo.,. ~~~~. ~~' `, Commissioner Da .Yurra: I uaderataad that. No, Cello Ocho ;ia ~ m~`or, ~saajor •` - event... ~: ' y - Commissioner Plummers Organised congusion. t - - .. ; r Comuoisai.oaez~ , pe .Yurre: ... that I don't - eves want to get iavc~lged ~ i~ to ~ say _ a:. ` degree,-but it ;sems like, you.kaow, one of the purposes origiaalJ~y, rhea you start analyzing why people have parades and aveats sa4 that kind o~'thing is ~'a _ _ t~- stimulate :the 'area ios you =know, beaaf it iug : great that - aaw, . ~ ,. i ~~.,,~ust ~ maybe ~ °~' r adtQSalizLag~by:sayi.ag that vre ass sot serving that purpose by ;dust granting .:. ' ~~_ ~' out~cight lic¢uses to the people that run the show to c~tpete +direatly with _~': arc, ~. A _ ~- :. :; t~eae bueiaeaaes. - p _~ ; . ~; t = ,~~. dlr. - Cat#dsaasx : =~~st : ~iaaitzate~r; bat : ~a ~~-e;. Daly ~r~y tt~e~- can x+~ia~- ~o~-~a~~. ' ; .~; _ Y k ~ ... ~h~y would ~Qt ~v~ she ~ to held the dveuta Ig; yot~ did not given the ~~st, - ~ 3 ;N • _- . ~~'y - • ~-, _ I ,~~ Y ~ n .,P .. - - f 1 ~K-! S(i°~~. .r3~i rd I w.s revenue to hold the event and they either would not be able to hold that or - would have to come to the City Commission asking for funding. Coim+aissiclner De Yurres How much does it coat, the Three Kings Day Parade? Mr. Gastgnedas fine City of Miami will give them $10,000 this year. Iiow much will it coat in promoters and all that, I don't have an idea, but 1 can get it for you. Commissioner De Yurre: It would be nice to know, just who is making what, how much it is costing. If you can get that for me for next Thursdaq. Mr. Castaneda: Sure. Commissioner De Yurres Thank qou. Commissioner Alonsos Commissioner De Yurre... Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Yes, don't you think that the number of people that come - s to the area, the increase in the number that come to the area justify the - interference that they might have in their old business? It increases so much - the number of people coming to the area that justify the addition to some other business in the area that compete with the ones established in the area, _ don't qou think? _ Commissioner De Yurre: I understand that and it just seems that sometimes it ' = gets out of hand and really you know, if we look at what the benefit is, these are the guys that pay real estate taxes, they are the people that pay all kinds of taxes and I think if they can benefit from one or two events a year, - that brings them a boom, if you want to say it, if you want to call it that. I'm just mentioning the thought, you know, I'm not advocating one thing or another, just bringing it to light. - - Commissioner Plummers Well, you know, I guess in defense, the person that wants to go into Malaga Restaurant is not going to be eating a hotdog. - Commissioner De Yurre: No question. Commissioner Plummer: You know, as I've seen these parades, you can't get , - into-any of the restaurants. They are jammed full. I think, Victor, really., and truthfully, this does not speak to the hotdog vendors as well as it does. _ to the people who are selling souvenirs, trinkets, hats, things of that nature, where they are in competition only with the festival itself and L :; i don't know how else you can do it. You know, if we ever take a number and ve ~n <: look at the amount of peddlers that are around the Orange Bowl and look atsat revenue we've lost, we the City, in our food and beverage from our. - - concessions, it's tresslendous, it is really tremendous, I mean, they are' _ talking about, around the Orange Bowl, three to four hundred of these vendors, you know, it all comes out of the City revenue. ~~ Mayor Suarez: What are we drying to do, protect the established'business®s or_ what? ;F Commissioner De Yurres No, no, I'm just mentioning to what degree"are=thelr,~ _ affected or are they supposed to be benefited `by these events? -And -is thR _ benefit. being offset by having the event and-.then direct competition >Qavii~ ~ 9• in also, and so they don't gat to benefit that much frosa what's haPppnl.ng, i, because... Mayor. Suares: Do they keep for the duration of the event,• the established ,: business° that is already there, do they keep ail of their, abilltisiA•~to~ smli, _ - - ahataver they have been selling? Mr: Castazaeda: That's correct sad some of the established busis~ASSes is put oa bybooths ae Neil. Mayot lSuares: Sut i have heard some that say ve doA ~ t got ` ts;~rl~Qf1'~, our ' l i~uosr :;': i.iceaao, cr our bear az~d vino license os sso~oexb~.t~g is euspondsd during tie _~ Mane o~ the oveet, ghat nevesr happona~, deed it? i a~ ; ~ ti .. i ~ j` y(~ ~ ~ i E s ~ S J /~_ - '+ '4 ~ .- t ~ ,.. ~,. ,.; - Co~isetibizer 1'lwr~aert Noy ;~ Mayor Suarezs For a busine:~s that is already lawfuly there and that aouid = otherwise be able to operate on that day? Mr. Castanedas i4e are talking about the vendors have to get permission froth the organisation and pay them a fee for... Mayor Suarez: The Street vendors, not... Mr. Cat3tanada: Right, for going into the street. Mayor Suarez: peddlers or street vendors. Commissioner De Yurre: Nom, as far as... now, you are telling me that you get ~_ a temporary license to sail beer, for example, on the street during the event, right? - Commissioner Plummer: One day Commissioner De Yurres For one day. Mr. Castanedas Right. That's for the organization... Commissioner De Yurre: For the organization. But the restaurant oamer, or the businessman that may have a restaurant or some kind of business there, - - they cannot get that license for that day? - Mr. Castanedas No, that license is only given to nonprofit entities and so _ forth, but if the business has a liquor license, it still would have it on that day. Mayor Suarez: Oh, I see. I see what you are saying. Sometimes the business does not have a liquor license and because it is a for profit business, he cannot compete for the other ones. Mr. Castaneda: Right. Mayor Suarez: For the ones that are foz the festival. Mr. Castaneda: You see, a nonprofit organization for this event can. get . - permission to sell beer for that day. and they usually,-you know,-put two or three trucks and they sell beer and they make a lot of money that way. Mayor. Suarez: All you have to do, by the way is, 3f you have a for- profit, ' ~ just spin off a nonprofit but anyhow, I don't want to tell anybody how to do ~ $ : - it. All right. ~ ,. _ . "~. Commissioner Plummer: Or come under their umbrella. Y; - Mayor Suarez: Presumably-this is benefiting community organizations hat ,,get ~- together, you know, and do charitable deeds with the proceeds and so oa and, we're not just sort of creating an undo cotnpetitioa,-which I :think its -what. the Cwmaissioner is concerned with, and:i-think validly-so. ~ " Mr. Castaneda: First of a11, I think, you .know, that's the way to pay~for the ' `~ tpps; of event. Number, two, S think- most. businesses that are is that busiaess,benefit from the avant. T would argue that some sort of stores might "~- J sot benefit at .all, because they are sot, you: kaoa, they caa~t ~ talce-~~dv~antage ~ _. Af... ~ _ - ¢); Cottmissionez De Yurre: But the point is, you,-are tellia$ ~e and goi~back tp -'. that point that your are making,. that it helps. to paq .for tha parmde~ yety4u = are telling me that nonprofits are ruanlag it and they are going to keep the -' s-paay, or a good ppraentage, of it, so it doesa!t SQ ~ ~li,rec~i~ tcwarda '~ ot~pettiag the o,oat of the parade. ., g ~ Mr. Castanedas. Yes, the money that Chap roceve is to o;~~~et th¢ Host of ,~ . y ~rae~- hQid~.ag ~~ pvRnt, Where thoxe ie the one from the e~arata, . or ,them '.; P .. irk the sg~usera, t ~~~ _ ~~- ,w , - , S C., . N ~ ~'r _ } ' -~~ ~ - ~ '~ ~ C• ley' ~' TM "` n • 5 Coeaenissioner Ae Yurres I'm just..: you know, the point maybe is that maybe some of these restaurant o~ers, let's say like Malaga xould like to set up shop right in front of his oan place, a booth. Mr. Castanedas Oh, they could, and they can. Commissioner Plummer: They do, theq do. Commissioner De Murree Do they? They have all that? Commissioner Plucmnere Oh Lord, have you seen Casablanca during Ca11e Oche1 Commissioner De Yurres OK, then it's not nonprofits only that get to sell. Mr. Castaneda: No, no, I'm sorry) The nonprofit is the sponsor and Lhey control the streets and Malaga xould say, "I rant to have txo booths," and perhaps the nonprofit sponsor mould saps, "Welt, that's $50 a booth, pay me $100, you can an have tmo booths." Commissioner De Murree OK, so it isn't then, are you telling me then that _ it's not nonprofit organizations renting a booth and setting up shop, is that xhat you xere telling me7 Mr. Castanedas That is correct, that is correct. Commissioner De Yurre: So, ABC Inc., a nonprofit, can't rent a booth like they do at Celle Ocho, and set up shop? Mr. Castaneda: Whether it is a nonprofit or for profit booth, it does not matter, anybody can rent a booth. Commissioner De Yurre: Well, then, you're telling me something different. Mr. Castaneda: No, no, the organization is the one that controls it. The. nonprofit organization is the one that controls the renting of the booths. They also request permission to sell beer and wine and that's the promoting organizations. Commissioner De Yurre; OK, if Malaga Restaurant or any other restaurant says, "I .want to use up all the space in front of me for my ovrn purpose, so I can make money. I' 11 pay you a fee. " Or do ve have to pay something, or can't they just teat the street like we do here with restaurants in Coconut Grove in r open areas? M C t r. as aneda: Well, they Vdould paq a fee, basically they would rent the street by paying a fee to the... ~~s _ Commissioner De Yurre: Who does it go to, to the nonprofit organizations for the parade, to the City of Miami? ::~: Mr. Castaneda: To the nonprofit-organization that is handling the went. :. Commissioner De Yurre: OK, why does Malaga Restaurant, using :Malaga as as ~~' example, have to pay a nonprofit organization for,u$ing our sidsswalk? <. ..: Mr. Castanedas aecause you are r,~stricting sales of vendors and therefor you are giving ,that authority Lo that organization. "-' Commissioner De Yurre: OK, than you are telling me that we ors going againdt i restaurants that. are established theta from tanking money, or-add~a loan) ~aey, `~ by the feat that you are going to have an event cotaitig down this atrs~t, Which ~~ ~'` la ...supposed to banef it the.. area..: You are prohibl,ting them, -~r~ b4t11-~itipg v eFOnotaicajly from that event.. _ .. _ ., a _ .: ~ ~_~ .;~ . lit, Gastanadat You-:.are notprohibitiag from-bsasiit~.ag. I,:thittk ~-~+~ta~tou,ar~ ~~' ~; doing- ia, ~ you ark making the. pio bigger at. the; s~atoe tia~ you are #.b~raas;~~ ~, _~ the nusabsr Qf wsndQrs: ,. _:. . , ~- F ;; . ~nmtnisaislner piunatlsr: Well. ~ ono o~ the other problet~, fax,; e~caatp~o, is Ce-ile _ ,: - ~` - ~~ Osbt- ~ ~aa that ~r~_ bad th~~~ g~y+~ = gAa~ a-~~ _. th~r~ ; ~-it~ ~Q gl~~+~~ ~ ~~~ba~+~ .:~~~s ~t sal~~3tk .~A€ right stn the ~. #tr~nt ;With _ np ;~~,c4~e,~ ~-t~~: aQ pQt~s -+~~ tbvra - - '~ ~_ M~t~ ttDth~n$ tQ r'ag~tlnte theta, Ibis ... is What ire .-sRtebl iahad this inr .,. ; ~ :; _ ,'may _:, i:b ~e~e~bg~' ~ ~ ~l~~ ~~ _r . _~ _ 4~ _ -, ~ ~ ,. _ originally ~-as to control that kind of a situation and the guy dust a~sn't getting a 3b gallon garbage can, filling it full of beer and ice and going out and peddling it on the street and the festival got nothing out of it and this guy was pocketing all the change. I think it is a measure of control is shat it is mare than anything. Mayor Suarezs I do sent to compare it because I think the Commissioner is validly comparing it to a sidewalk cafe situation in the Grove. Now, shat aould prevent an established business from somehow acquiring permanent rights to be out there, but only taking advantage of it, saq, during a festival. Do we have the Sidewalk Cafe ordinance apply to SW 8th Street to begin v-ith? And if not, eve may as well find out ahq not. Comtissioner Plummer: Wouldn't it be more a matter of control if theq roped off the area in front of a parade kind of situation? How are you going to control that? Mayor Suarez: Well, I dust want to know first of all, shy it is not comparable to the Grove, to Main Highway then? Mr. Luis Prietos We Suet never considered before, Mr. Mayor. Mayor Suarez: A11 right, so we don't have that ordinance there, so they couldn't do that on a permanent basis and I guess the Commissioner now is thinking, why are they not able, as a business, to rent directly from us across from their business, if in other parts of the City, a business can get that on a pe naanent basis, why aren't they able to do it directly from us during an event. I mean, they are tax-paying, you know, property owners there the entire year and here comes an event and all of a sudden they have to go through another entity. I understand what Commissioner Plummer is saying that having another entity regulate all of this makes sense because otherwise, it would be total halter-skelter and I guess the answer, as far as whether a for profit business that is already there can also compete for these booths is that they can and they pay their usual fees. It is not very high. Mr. Rodriguez: I can answer that question... Mayor Suarez: But then my final question on that was going to be, Frank, at some point I need to know, shat is the process that the nonprofit uses for -~ selecting who gets the booth and do we monitor that all or can thep kind of a give it to their friends or, a lot of people ask me about this and I'm sure _~ they go through a lot of us. Mr. Castanedas We have never monitored that process. If you want... Mayor Suarez: Has it ever been a problem? I've had a few phone calls and inquiries about why certain people cannot... qou know how to get a chance to be... is there an unlimited number of booths that can be net up? Mr. Caetaneda: Well, qou know, I don't really know exactly whether a booth is = five feet or nix feet, but basically you mark off the street sad I think it is, basically a first come, first serve basis. ,. ' ~, :T Mayor Suarez: First coma, first serve and presumably they have a big giant ~t - list that has all the people, so that they don't favor their frioads and... ~:,; Mr. Caataneda: I assume so, but I, you know, I am going to research that tp :~' make, you know, to find out exactly if that is correct. - Mayor Suarez: Is that the kind of thing that you are concernsd~about-too? Commissioner Do Yurre: Sure, and if you know, I bst you, if ae ere looking at helging a lot of eat itiea that coma here looking for money, and Me'rg always =s stragged for mosey. I bet you we could nit down aith tho Kiranlas~s of~°~L:~Ctle- "'" - Havana and say liatan, we need to have tan boothe throughout 8th ~Stx'aot~,'~tha~ ~' you domate tsn spaces. and give those to monprofita that come here 'tad they . ann... they wake about $10,000 a booth, those boas-boathR, thoy°au~e all..:Yimd~r - of woavy and yQU caz~ raise aignitcant s-oaey bp; saq~,mg... - ` - Comruiasiooor l'luma-erc I aan toll yQU that x know for s ,fact ~alie O,cho.,,- '; , . _. Ga~a~'~s nips xork~r one of tl~ nonprofit booths where they. nail ~h~-#~r and... '; -~ ~Sr - ~ - ~ - ~,..~ ~_ ~A~ - Co~ieeibnet Usakinss I cork one. Unidentified Speaker: Commissioner Pius:>raers Cesar corked it from... Cbtitmaiss~inner De Yurre: Yes, but you drink half the profits. Mr. Odios You don't make $10,000. _ Commissioner Piummers No, no, what I am saying is that I know that Celle Ocho _ does give to nonprofits, they gave to Thelma Gibson for the Gibson Memorial Foundatfbn, they gave to the Mental Health. There were any number... I don't know the exact number... Mr. Odios What happens is that... Cos~omissioner Plumners ..... but there mere a lot of them that they did give free of charge for these organizations to raise moneq, yea, they do. - Mr. Odio: They do. The beer companies donate the beer. Commissioner Plummer: Don't say that on the record, say it off the record. Mr. Castaneda: Let me also say that the promoter of the organization pays for the insurance to cover the whole event, so they also have to have certain ,..;.,:,.,- selection and so forth. Mr. Bill Ross: I put on a festival, I can give you an example, you know... Mayor Suarez: Wait, now we can't have everybody at the same time. Commissioner De Yurre: But I am sure you have restaurants that they are insured. Mr. Castaneda: No, no, I am talking about the street now. Commissioner De Yurre: They got all kinds of insurances that cover the street and the parking lots and everything. Mayor Suarez: Did you want to-hear on this from Bill? Commissioner De Yurre: Might as well. Mr: Rios: You-know, we put on the Wynwood Community Development Corporation, you know, helps put on a festival and the component that you are forgetting is .,~{ that` once these festivals are put on, a restaurant like Malaga benefits from ,~ the traffic and from the visibility of having the event. _ cs .. Mayor Suarez: We've not forgotten that, we've put that on the record, Bill.- 4 :~, Mr. Rios: Yes, it is very important that you control- some of thss~ie"°boaths; _ becauss if you is fact have someone. come to you and ask you for a-booth.and ~ t _ 'to a that. persaon decides to bring in a competitive sponsor, a cosnpetitor _ sponsor from the organization, you can risk losing that sponsor. Commissioner "Plums~er: You better not do it with beer. The spona~or hap no '~ exclusive rights " - Mr. Rios: Exactly! So you enter into a situation where you are going to havq " know the " actual° logistics of the sponsors' is ordax for qou -to ~ ~suppost a different structure, _ ,; Co~mtaissioner De Yurre: The bottom lice is I think that pesapls ,.that have ~: ;f ~xis~tiAg bua~.uesises and tha~C_pay taxes gn s yasrly basis' ypu knov~ mayt-s'.ira should-`look at it 'and' maybe"that' hews a right thmt they v~u~.d like tA` ssc~ra~.a4 c~ using Lbe space ~ imsusdiatp, ar having 'a ~ir~t~ right of r~lua~1 or ssiomethi,sa~ " . €or evaxyl~dy,.: ~Qr using'tb~ir'ppaaa and ~o~rkiag opt aoa~thing 'that is d~is"bYs} itss dust food for thought, you know, literally. ,_ ~_ ~;ama~ss~oaa~ ~'lwmo~ra ,~ ysau have ~ 'iiaac~s4 ~o~ tbep ~+so~ fox thou~gt~ '~" ~ , _ ., ,t` _ °- : _ } . P ~" p.. i :, .~4't s F Commissioner De Yurre: No, But, I'll tell qou ane thing, it's not fattening, no cholesterol, no nothing. Commissioner Plummer: Are qou moving 28? Commissioner De Yurre: I'm moving 26. Commissioner Plummer: T second it. Mayor Suarez: Any further discuasion7 If not, please call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-1111 A RESOLUTION CONCERNING THE EVENT DESIGNATED AS THREE KINGS DAY PARADE TO BE CONDUCTED BY THREE KINGS PARADE, INC. ON JANUARY 7, 1990, AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICi~LAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND TO THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY; FURTHER ESTABLISHING AN AREA IN WHICH ALL OCCUPATIONAL LICENSES ISSUED TO RETAIL PEDDLERS WILL NOT BE APPLICABLE OR VALID DURING THE PERIOD OF SAID EVENT; CONDITIONED UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT BEYOND ANY FUNDS ALLOCATED BY RESOLUTION N0. 89- 921. i (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 NOBS: None. y„ ABSENT:. None. T. GRANT REQUEST FROM PATHS SNIBRTAINMSNT, INC. FOR RELAXATION OF FIREWORKS ` ~ ORDINANCE - TO ALLOW FILMING OF A MOVIE IN THE BRICKSLL POINT AREA. ,. _~(~ Qomaissioaer Plummer: Mr. Mayor, I have as item here where they are makiag a movie in Miami. They are askiag for... ~ ~ ° ; ; . - ;,~ - ..~:P Commissioner De Yurres Is it pour life story? ~, Commissioner Plu:maer: It's not that long a f ilm. And they ara askiag... -` Y Mayor Suarez: A short subject? `~~~ Corroplssioaer Plua~mer: Aad they aro asking to be allowed to have' thle ~fire~-orks '-=. 1 display, put sot with noise fireWOrks, just light firerorlca an Deoembe~ l9th ~~' ;'' sad 3 thick that St'o .already bees pezmitted by the yire Depll~rtme~tt.: , It's ~ , .; besa rua tbrc~Wgh +t11 og -the diffBrent departm¢ats and Mr. l4ay+a>• I would move '~ - that perlai:~$QA ,be granxed. .. \ ,s ~1~y~~ $us~ea: ~#~aak you ~~missiQS:er. ~a a~ovad. Seco:~d. 313 t#at a 1zoc~>;dy 311 ~~ theT Qt1e Ov+mr 1tt tlip... 2~ ~e~#~-he1< 7 '''~ ~ ~~g~ _,~ } -~=~ , ;r4rMs . '', ~ ~~ ~ ,~_ _ _ - .S.f` ?'a,.E ~-i:.l..l. k~~~"i44.1X ~~- '~,t v~ri ~ _ ,; Comn-iseianer Plummerr Where is it going to go... oh, Ciaughton Island, Brickell Keq. Mayor Suarez: The bridge going to Brickell Key4 Commissioner Plummer: Mostly around there. Mayor Suarezs We have a motion and a second. If this is the one I think it is, which it probably carne down from my office, let me tell everyone from what I know of it that they plan this movie that's being made in Miami, theq plan to use 2,000 extras and that theq will be all on that bridge and it's a pretty exciting, very positive projection of Miami, hopefully. Anyhow, and hopefully, the bridge will be able to withstand 2,000 people. Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION N0. 89-1112 A RESOLUTION CONCERNING THE DISPLAY OF FIREWORKS IN CONNECTION WITH THE PRODUCTON OF A MOVIfi TO PROVIDE THAT THE TIME LIMITATIONS IN SECTION 19-184 OF THE - CITY CODE SHALL NOT Bfi APPLICABLE AT BRICKELL POINT ON DECEMBER 13, 1989, SUBJECT TO THE ISSUANCE OF THE APPROPRIATE PERMITS FROM THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed - and adopted by the following vote: - AYBS: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez MOSS: None. ABSENTS None. ~j ~ 8. .RATIFY EXECUTION OF COLL$CTIVB BARGAINING AGREEMENT WITH THE-SANITATION t,;:;' _}_ BMPLAYEBS ASSOCIATION (LABOR CONTRACT: 10/1/89 TO :9/30/91). Mr. Fernandez: Mr. Mayor. '~° Mayor Suarez: Yes, ~' Mr. Fernandez: If I may momentarily, there was an item that was taken up on November 16th and than again on November 30th which is the Sanitation '; Employees' Association, the contract, the labor contract. , , ~ Mayor Suarezs Do we need a resolution on it? _ Mr, Fernandez: Yes, ~~~ ~: - Hayar Suarez: Has everybody satisfied theasselves, specifically CcmmiauiQnsx ~ '{ - ' Alonso? - t `;, Ccmanisaio~s~' A1oASs~: Yep, , . ' ,, Csamusl#~se~anor 8lrt Mo~-e ~.~. ' c: ~~' ~a~o~ ~ns~cess , S~I4, 1~ $p+, i ent~rL~~.s a ~aoCioa qtt ;~~~ ~ ~r~ r~~ -f t i y i ~~,~ z - - - Mi - ^ d.~tstsi.a.. Vice Malior Dawki~-s: Second. ---~ - l- Mayor Suarez: Moved and seconded to ratify the contract with the 5EA as - specified in aii the relevant documents. Anq discussion? If not, please call the roll. The following resolution was introduced bq Commissioner Plummer, who thorned its adoption: RESOLUTION N0. 89-1113 - A RESOLUTION WITH ATTACHMENT, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EXECUTION OF THE ATTACHED COLLECTIVE BARGAINING AGREEMENT BETWEEN THE - CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE SANITATION EMPLOYEES ASSOCIATION, FOR TH8 PERIOD OF OCTOBER 2, 1989 THROUGH SEPTEMBER 30, 1991. - (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissio~,er Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 9..~~ (A) DIRECT MANAGER TO INVITE KEY EXECUTIVES OF TELECOMMUNICATIONS, _ INC. (TCI) TO APPEAR BBFORE THE COMMISSION ON JANUARY 11TH - TO ADDRESS QUESTIONS BY THE CITX COMMISSION CONCERNING THEIR POLICY - ON MINORITY PARTICIPATION - DIRECT ADMINISTRATION TO SCHSDULB AS PUBLIC HEARING. - (B) DEFER DISCUSSION CONCBRNING MIAMI TCI PERFORMANCE 'f0 A p'U'rURS ' MEETING. , Mayor Suarez: Item 2, discussion regarding TCI. Is this in connection with gout ongoing 'request to have a modification in the agreement? Mr. Tony Bello: Yea, sir. Mayor Suarezs OK, I think a lot of Commissioners wanted to inquire on this ~` one, or maybe sot. ~; - Commissioner Plummer: Inquiry about this particular ordinance,"oz othez ,, facets? - vice Mayor Dawkinss I want to inquire about hoe to void the contract, that'$ w my inquiry. T Comraissionar Plummer: I'm glad qou made it simple. -`' Mayor Suarez: Would you brief the Commission on what it wa~~d tike to be able `;' to-void the contract? ' Mr. Fsrnaadec: From our perspective, Mr. 9ica Maydr t~sxi~ are prov~s;iona in the aontsact betv-eer~ "t#e City mnd TCI that provide ~r dslS,sb~o abort... rouid ~> -' constitute a breach oP contract, what ~rouZd give us the leg~ti' opprartuuity ,to - .:~~ ~a .tact xesc~.ad or revoke the agr+satn4at that we' bays altb bim,: Ia our ,; = Apinion, rafter atudri~g it and getting a rapo,rt ~rsnn t#~a lld~iaistratioc, out ~' -. ~p~s~ion is that to thin date, nothing that tboy hav~.'do~~ in fact cQastttutaa `. .° s breach that ve cot~i.d prs~csed tQ caeca t#~at coai~ract, _ ., ,~ ~~. -_<. ~- - :Aa «v. L~ae.S, aJt .3f;,,rEca§ei-.d a,F a'+4~~+1. ~"~ - a Vice Mayor Dawkins: When you say here that... under item tan under compliance, "It is important to note that almost 60 percent of the noncompliance citations issued to Miami TCI have been for violations _ concerning maintenance of the system and technical and safety standards. 20 percent of the citations have been far failure to file information required bq the cable ordinance. The majority of the remainder of the concerns of failure of the licensee to provide service within 30 days of a request for cable service." Three, technical concerns. "Cable Communication Division staff has met on numerous occasions with Miami TCI in an effort to resolve the service outage problem. To date, no reasonable explanation from Miami TCI has been forthcoming as to why these outages continue. Miami TCI technical staff seems powerless to stop the outages from occurring. Further, subscribers report that Miami TCI has told them that a repair technician sill not be sent out unless 15 people... "You've got to have 15 people in the area say that they don't have service, according to this, before then sill send anyone out and then subscribers have been told to knock on doors to get their neighbors to call Miami TGI in order to get their television repaired. "If there are three calls from a power supply area, however, the number i5 continues to occur. Sectian 608(A) of the license requires that the licensee shall maintain a service and repair force of competent technicians capable of responding to subscriber's complaints or request for service within 24 hours." Now, up here - they tell you 15 people and if one man calls in, 24 hours means nothing. "This is especially noticeable in this company's inability to contain outages of less than 24 hours." And it goes on and on and on page six... "It was at this time that the City received many complaints from citizens about unreasonable installation delays of up to 29 days." And you mean to tell me sir, that these are not grounds upon which to terminate the contract? Mr. Fernandezs The contract also sets a procedure whereby in a public hearing = the issue of material noncompliance, which is standard, can be ascertained and that Gould be a matter of your making those findings. The Administration is` - here, the Administration would be in a better position to e~cplain to you how it is that these items of noncompliance may be acceptable noncompliance in the - industry or do not rise to the level of material noncompliance. All that I'm __ telling you, Vice Mayor, is that, you know, as matter of policy you may _ instruct us to then set up the proceeding or the process in place to analgze or to look at in a public setting whether this company has in any manger, had _ material noncompliance with the provisions of the contract. Reading the report. _ from the Administration and the input that we have had from the Administration - in making our legal determination is that there has been no material noncompliance with the terms of this contract. Vice Mayor Dawkins: I hate to do this, Mr. Mayor, I'll jump to number three, - minority participation, which you say that this company has met its minority participation that I've been complaining about for eight years that I've been on this Commission? And that's not grounds for termination of the contract? Ms. Sue Smoller: As far as the minority participation, or provision is concerned, I think that-the area that the company has shorn terriblq poor performance is in the obtaining of services from local black businesses,:.aad that. is, admittedly, has been a continuing problem that has worsened, not improved. Whether that is a case for material noncompliance is something that really has to be answered by the City Attorney. My understanding of material '',~'. noncompliance is that those are issues that are specifically addressed is the ordinance as matters of material noncompliance. In cases where there are ` penalties .set up and where- there is a grocess'for correcting it-before the penalty is established, those are.., it is my understanding from the City Attorney, that those are not cases of material noncompliance. ~,~~ Vice Magor Dawkinss Mr. City Attorney, what do I have to do to talcs this to ; court in order to determine, because you see, T'm getting one th4ag Erna the ` Administration, I'm getting on® thing from my attorney. i would like to kao~r how to take this to court is order to terminate this contract. fiver mace ~;; .they started out in day one, Hermanowaki told me that he Mss going tq build this station over by Booker T. Washington High School, he was going to use a black contractor, he was going to do this, and black people have not ~Q~t~-n anything yet. So hor do I take this to court? - - Mr,-Feraamdez; First of all, wa have to have a clear reoord astabiishedw ~' Administration,., ~ - .- Vice Mayor bawkina: the record is on file, sir. Mr. Fernandez: Well, no, t mean bq ways of giving them citations. Our... Vice Mayor Da:vkins: They have been cited, air. Mr. Fernandez: If they have been properly cited, then we can take another look at this and in the proper setting, which would be a public hearing... Vice Mayor Dawkinss All right, I move that all of this be postponed until you.. Mr. Fernandez: Y'es. Vice Mayor Dawkins: ... can research this and come back to me and tell me how. Don't tell me that I can't do it. Tell me how to take this to court. Mr. Fernandez: Correct. Mayor Suarez: So moved. Commissioner Alonso, and I don't know if we are - going to get a second on the motion, Commissioner Alonso, I think wanted to _ inquire on this. Commissioner De Yurre: Second for discussion purposes. Mayor Suarez: Did you want to inquire? - because I wanted to inquire as to a ~`' prior item too. I don't want to preempt you there. ` - Commissioner Alonso: Yes, well, I have some questions concerning the system that they use for phone calls. Personally, I have had the experience of trying to get in touch with the company and trying for three consecutive days - . and being unable to contact the company and that's one thing that really _ worries me, how can we have the exact numbers of complaints when we cannot _ really get through the company and that's something I would like you to -_ explain to me the system and how it could be improved or how it is done. Mr. Tony Bello: Well, Lhe complaints... my name is Tony Bello, T am the _ general manager of Miami TCI. The complaints that you receive at the City are those that are logged with Ms. Smoller's office. They are not complaints that come to us, they are logged with the City. Not all of them concern the - telephone. A lot of them concern billings, soma concern service and there is - a wide range across... - Mayor Suarez: Wait, wait, Tony, either I heard her wrong, or she was not even asking about any of that, formal complaints filed. She is saying that qou ;-<; can't get through to TCI when you call. ~~i4'j- Commissioner Alonso: So they are not recorded. ;- Mayor Suarezs That's a simple problem. How many receptionists do you have?_ How many people picking up lines when you call to complain or request change.. : of service, or question the bill? How many people do you have doing bet? What system do you have, what hours of the day? Those would be-responses: to here question. Mr. Hello: OK, we have 20 people answering customer inquiries. ~iTe havo~fiv~ people answering repair problems and we operate-from 8:30 an-the Aaorni;-g:=until 6:00 in the evening, when we turn it over to as uxswering'eervics. ~. -_ a Mayor'Suarezs What days of: the week? ~`= r' Mr. Bello: The answering service is Saturday and Sunday, the regular office hours are Monday. through Friday.' - ~~ ~~ Mayor-Suarez: What does the answering service do for you? You call in, you - leave it with the.,. ~: _ ~ir.~Belloo The answering service, when they receive three ells ~erQa-.. Mayor suarezj Suppose ' they` coil: Ludt. ~.ke Cas~issione~ T-a9akiaas ~~-~s ~+aylu~ bye#ore etnd l1uy, ~ `have an 4tit a$~ y ~ ' lotus ~ ' iat+ar'xupt io~p ~ "~ ~t~n ~ t hs'~-e ~,: ~y ._ . . ~ servlae, kp you 'Set sa auawerit~ a~ervlc~, ~+RPd link, 4tatil° MPmclsy, right? ~. . ~ ~ -~ _;~; ~ - _ ~~ .lea*~bar ?,~ ~,'~$fi. _ ' ,~ :~; Y _ ~r ~, ~`' k ~1 `~ ~k. • ~~ • Mr. hello: Three calls from a specific neighborhood, we send out... Mayor Suarazs What you've got to do is get three of gour friends to call in and say they have an outage too. Mr. Be11o: We send out the on-call technician, aho repairs it that evening. Mayor Suarez: Now, question on that, and I don't know if that's what gour... Commissioner Alonsos I wanted to clarify a little bit further on that. You sag you have 25 people answering, but you have several numbers. Mr. Be11o: We have three numbers. Commissioner Alonso: If I call fox a complaint on service, do I call to a number that 25 people will be responding, or do I call to one, and lass than 25 people will be answering my call? How many? Mr. Hellos You call one that is for repair. If those lines are busy, you automatically shift over to the other lines and those people will help you also. Commissioner Alonso: How many will be taking complaints for service? How many operators will be directly handling complaints about service? Mr. Bello: All of them will handle the complaints about service. Commissioner Alonso: So when I call, I'm calling a number that 25 people will respond to my call? Mr. Hellos That's correct. Vice Mayor Dawkinss What's your repair number? What's your repair number? Mr. Bello: 826-0826. Vice Mayor Dawkins: 836... Mr. Bello: 826-0826. Commissioner. Alonso: Then the number of people calling is a tremendous amount, because I have personally have tried and it is a horrible job to get through. Mr. Bello: Commissioner, what happens is when we have an outage in an area, ,. if it is large enough, if we have a lot of people calling, there's not enough lines anyone could ever have to take care of all those calls, so as sopn as we start getting those calls, we monitor that area and we send people to that area to repair it. ; ; Commissioner. Alonso:. When you have a special type of advertising, like-you , K `` did .several months ago, last year, I don't know the length of time, because wa `; ;~` were bombarded through the mail with propaganda asking the people to call and to receive a discount and all of that, could you develop_ a system that the calls go to a different number so that they Will not interfere with the regular phone walls that people will do,, because maybe some of the-grobi~mt that we had last year-were caused by the number of people calling at that particular tune. Could you develop perhaps a system that they will gp t0 +~ ~~ different .number rather thaw going to the regular number where we have to ~cal3 g for aarvice? Mr. Bello: Yea, we do have a different sales number, that ie the ghoae that ~' they call when we do those promotiaaa and that dose, it dues spill over into ~ a moms of the other areas. Commissioner Alonso: But it moves on, so it could have affected the re~u~ar phone calla. - _ Mayor Suarez: 24 hours, presumably. Obviously, because they are getting a - signal through cable. Noc, t~sat means you could theoretically get a signal back from them, could you not? Mr. Bello: Yes, sir. Mayor 3uarezs OTC, if that's the case, why isn't there a say where someone could notify you that there is a problem with their system by notifging you - directly and not having to make a phone call. - Mr. Be11os Because if there is a problem with the system, then it doesn't work back. - Mayor Suarez: i1e11, no, the problem may not be that the whole system is out, - _ it may dust be some channels are not coming on, or they are not coming on - right, or they don't have the kind of program you sent to watch, or some other things you sent to complain about. If the system is totally out and you are not communicating, obviously, you can't use that. Mr. Hellos Yes, I am not... Mayor Suarez: But if your system is working, generally 3ust not corking right, couldn't the person communicate with you somehow and tell you .that _ something is wrong with the set? You don't have that kind of a system? "'_ Mr. Bello: It does not exist. - Mayor Suarez: All right, second question, then. If you do have communication _ - with all of your subscribers, electronic c~+mmunications, which you obviously do, wouldn't you know automatically the time that somebody is having interrupted service? Wouldn't that somehow be communicated to you? You are not getting a signal back from that person. -:2 Mr. Bello: Again, that doesn't exist, Mr. Mayor. Mayor Suarez: You don't have the ability to tell chich subscriber is _ receiving your signal at any time? Mr. Belloz No, sir. Mayor Suarez: Well, I would suggest, you knoa, ae look, Sue, ae ought to. look at shy-technically they don't know how many, subscribers are .getting there,.. r they are charging every subscriber at all times, and qet they.. .don't have the ~ `~ y ability and ae don't have the ability to tell them, you knoc,-26,000 aera'not receiving .your signal, only 25,000 sere and that should be electronically determined, it seems to me. I mean, I am not an expert, but... `~' Ms. Smollerz There is a method of monitoring the system. It is:called~status monitoring and as a matter of fact, it mss required originally by°the~licenea; ordinance: Some year ago-that requirement aas_in essence salved. Mayor Suarez: In some other cities you do have a requirement of... - Ms. Smoller: Yes, sir, there is status monitoring. Again, it is an-expensive ~ system-and it won't tell you every subscriber, OK? ~ ,,; ;~ Mayor Suarez: . I see, oa a simpler vela hare, let's see host ~e era 'doing. on trying to get through oA the phone. Mercy, are you getting through ak all? What somber era you calling? ~ `r ~;` ~, Vice Mayor Daakias: And she's been trying for five minutos. ~: Mr. Beiioa It's g2b-082b. ,, `~ Vice Mayor bawkine: A11 right now, so qou do it from the off ice, you . disconnect When qou get teadp to reconnect, qou charge horr much to reconnect? Mr. Bello: $2b.50. Vice Mayor Dawkins: And for $26.00 and you can push that same button to reconnect, but a person has to pay $2b~00 for you to push a button. Mayor Suarez: If you had only disconnected at the office and not in site, and - you have to reconnect, could it still cost $26.00 in that situation? Mr. Bello: Yes, air. And we only disconnect when they don't pay their bills after 55 days. ,~< - Vice Mayor Dawkins: Well, I'm going to tell qou what. I'm been fighting this cable company in order to get them to comply since 1981. Theq have not done - any better or any worse and as Mrs. Smoller lust said, they have constantly __ been able to get to this Cocmnission and get three votes to get what they want, constantly. Bven the thing you say was waived, it was waived by this - Commission for this company in order to help it give better service. I mean, we weren't giving it to them, you know, out of generosity. These were things - that they said if we do, they would be able to give better service to the - community. Then they have failed to live up to their promises, so for one vote, I am going to withdraw my motion, but for one vote, I am not voting for - nothing for them, this is not my vote, because they do not intend, in my = opinion, to do any better than they have done and if this Commission sees fit to let them continue, then so be it. - Commissioner Alonso: I liked that... Mayor Suarez: So we have nu motion on the floor. Go ahead, Commissioner. Commissioner Alonso: Yes, I have some questions. First, I want clarified on _ the record the company, the Mr. Gonzalez Company, he originally had 24 employees. I'd like on record to be reassured that the number of people that he has working for him at this time, are able to provide the service that is needed at this time. I inquired with qou, yesterday in a conversation and-.you _ explained tome that the company even though it had fired eleven employees, it is able to provide the service. Will you explain to us on the record how it's done and how can the company handle all these requests with the number of people that they have working for him at this time? Mr. Bello: Commissioner, those eleven employees simply transferred to another - _ contract that has our national contract. They were not fired, they were not -- ~ ~ - laid off, they are continuing to work under a different employer and those , , h~~w. i~;z - employers are still working is the system, so we didn't lose anyone, they Just t' shifted who paid their check, it's simple. ~r. Commissioner Alonso: Also, another item I'd like to... so you believe,that ~~ the number of people servicing the .company .at the present time 'will be able to ~` . provide service in a reasonable amount of time end shat is the longth of time, - for exempla, if I call now-for service, when will I receive the service? - ;,- Mr. Bello: Within 24 hours or less. . rx` ~ : `f Commissioner. Alonso: OK, if .I call .for iastallation, a r~ew aeubscriber,. leagt~ of time? - ;~ .. , : Mr. Bellos Within seven days. .; CommissiQner_Alonso: Seven days?- kl~c 8ello~ Within... It dependa:on... ~. ,, ~. ~ ~ Commissioner A~.onso: And i# I sell for sesvi.ce, it ..will bo ~~rithia 24 houra9 Y ~ ~~- Mr. , Bsl.io: Xes, acimetim~ea the same -dap.. ~ ~ :~; , :. _, ;, ,. , , Com~uissioaer A~.pASOe i wonder trhy the. people aye cs~mp~ai,t~in8 a4 mnCb, that ths~y ~nn•t, . xecei,vs :::the ae~'vic+e? - to the extent that sra nit oDi.~ h~-ar abort ~ x °= the ~ceap~a~.ats, but thz'Qngh th4 xad~Q ~a ~r~~l. Peopt~+ ,~ue~. w . taelk ak~s~MS. etas! , ~'~ _ ~, al~i, they compl+aia about the ~eepoaa,o.. Y~ ' ~~ ~eedtab+~~ 9~ . ,~~~~ ~ , t .~~.. ~,v ~~ s_ . "~' ,. __ ,~, ~. _ - - Cotoenia$io~er ~e Yurres 'fou know phy it is7 -because I've celled myself t~i~d i haven't Matten the service. The last tune we were here was October 14th, fright, Tony? Mr. Bello: Yes, si.r. - _ Cc~issioner De Yurrez OK, and qou knew personally, because I mentioned on the record that my cable was not functioning properly. Do you recall that? Mr. Bello: Yes. Commissioner De Yurre: Nobody went over there. '~ Mr. Bello: They have been to your house three times since, they have rewired under the driveway. They have changed boxes twice. i don't understand. Commissioner De Yurres But they haven't changed the box. They've been there, - but they haven't done anything about it. _ Mr. Belloe Svery time they have left your house, whoever is there has said that everything was fine and we have... Commissioner De Yurre: Well, it doesn't work. - Commissioner Plummer: They can't find your house. Commissioner De Yurre: Well, channel 51 couldn't find it last night, that's for sure, to about 11:20 in the evening. s Commissioner Plummer: Heil, the Police Department can't find it. Commissioner De Yurre: They can't find that either. I want a refund oa my taReS. Commissioner Plummer: It's not in our computer. - Mr. Bello: Mr. Mayor, we have... Commissioner Dawkins stated that we have gotten away .with everything we've ever wanted. We've bees trying to get this change in policy to disconnect for three years now. - Vice Mayor Dawkins: What change in policy? Mr Bello: When we began, what we' are here for and we have been here for three years, since... ~" - _ ~ ~ Mayor Suarez: The change from 55 days to what? Mr. Bello: Fifty-five to 45 days. ~,, Vics'Mayor Dawkins: And that would help you service people better? Mr. Bello: Commissioner, thin-will help... f y p you give people bettor aervica? -. Vice; Ma or Dawkins: Na, ao, does that hel ' - ~' Mr. David-Robinson: I'm David Robinson, I'm the.--area manager-for TCI: Vit# all duo respect, :the simple change 3n the fraachis• ordinance that~.~ro~luve~ now " 's- . ~:~: is ao major concern to anyone but us as operators. It will:allom~us.:;.~ ... ~' Mayor Suarez: But you know the Commissioner was asking you a question, Dave, ~~. that ~rould help you if you answered in the affirmative. The ansMer really is, ~`= `` if you want a little help hare, is qos, it will help you, baa~-Wao you'll bA `~ able to collect from people Mho are-not paying you sox. ~Hogelully,~they are not the kinds of people who are not paying you for the reseoAS we've been ~ r ~L~,~ stating up hero,. because they have interrupted service, or so~ae other valid reason, ` Tbey~re prob+~bl~-,: hopeiuliy,' the kl.nds at :.people •who,~~ui~t.,~o~n't^=k~~ '` 9 ..= to-pay 'and ttioy should be- paying ao the rent og us oo~uld get betted service, " so your master really should bo in the affirmative. ~, ~ , Correct, Mr. RAbimson: ~~ t , ~;; ~ : ,,t =`,~Y - - y Ti rs'' ":~~ ~, 9 ~ a- ~~ __ _ Mayor Suare~e: `l'hdt's~ what he is asking, isn't it7 _ Mr. Robinsans Correct, all it does is allow us to keep our cable costs io~ver - to the :~ubscribers~ The longs= we continue this, this is costing us hundreds of thousands eabh and every year and it will allow us to keep us... Mayor Suarez: What you are saying is, people are getting too much free, essentially, cable. Vitre Mayor Dawkins: You're still giving lousy service, I don't care ho~v many ms~nths it lost you air, in mq opinion, sir. - - Mr. Rabinsons i can appreciate that. You're entitled to your opinion... - Vice Mayor Dawkinss OK, all right. Mr. Robinson: ... but I think the stets speak for themselves, that Sue Smaller': office establishes. Vice Mayor Dawkinss OK, I'll tell you what. Tf I bring ten people in here at the next meeting to refute you and your stets, what would you do then, sir? - Mr. Robinson: Well, certainly Mr. Dawkins, I think you could bring ten people in here that would disagree with me, but I think also I could bring more than ten people in here that would be of our opinion. Vice Mayor Dawkins: Sut they don't have a vote up here, though. They don't have a vote up here. Mr. Robinson: Absolutely, air. But, with all due respect, this has nothing to do with the franchise ordinance. Vice Mayor Dawkinss Yea, it does. Mr. Robinson: The ordinance is not going away, you will still have the same authority you have always had. We are j ust asking you to give us a break where we can s3ave some money and pass it to the subscribers, plain and simple. Vice Mayor Dawkins: The only problem I have with that sir, is you havs3 `bs3en hs3re, and this has no reflection on you sir, this is the company. The company has been here ever since I've been sitting here and every time they come, they want something to benefit the company and the service gets no better. The minority participation gets no better the things that I complain about get no better. But yet I sit here and vote along, going along, because you say; and` when I say you, again, I mean the company says that if you do this for me, I will be allowed to do better and then you come right back, I gat the same Y~ complaints! You knov~... now,' if you can assure me that bq my allowing ~rou to disconnect people in 30 days, rather than 45 days, the people v~ho you disconnect will sot have to pay $26.00 to be reconnected, then you are helping .' sane. But' I don't care if you disconnect them in ~45 days or 30 days, thsjy 'ati1T got to pay $26.00 to be reconnected. Mayor ~uarezs Aaad you know, on top of that, let-pne suggest this, and-'-I'don't'° know'your busins3se as well as you do, if you charge-more 'for. reconnection; you ' . sinay ba~hurting yourself, because first of all, you need ttiat~ subscriber back ,3. on and secondly, you may be able, if that person was someone who disconnacLed for reasons of the ordinance you want us to pass today, which Ysa< `that they, for nonpayment, you want them to reconnect so that they pay you whatever they '~ ,- owe you from before. L don't know, are you trying to iinpoae ,liaaa~~ oa' ° the ~ homes,` of:.. you cant do Chat, caa you? A hr. Bello: No, absolsstelp sot,' no, sir. - ~ ~ , y- t~ ;_ Mr. Robinson: Ws do not affect their records, their oredit reaardsa, it isas very benign. _ ~r T r. fasnmisslone~c Pwomsr~ Ton let sane Y, ask 'you .a gt>lestiosa~. I~t ~ `~~t w~st+ul~cma, ~ ~4 yon disconnect by tb~s ooseputer. ~ r `'~~ ~; ter, aellc: Initiailyr yes. ~~ ~~ - , ",: {~, j ti r ~ . L c . - _ _ -_ ~~ a ~-.~ _ ~~ ~ - ~ s m~~ - __ __ Cotntnit:sioner piutnmera So r-hq do you need to charge $26.00 to putsch the keys on the computers? Mr. Ballot That is the company policy that we can get rid of, if qou think that that ie unfair. Catmnissioner Plummert Well, it seems like it is unfair operating a business for a profit, that if all you have to do, is do it bq computer. You know, if a man had to come out to the house and actually do something phgsicallq, hey, _ there is not a man today that I'd call for a washing machine, a drger, or something else, he wants $52 before he leaves his office, but if you are doing - it by computer, it would seem like to me you would want to encourage people to get back on line, not put a stumbling block of $26.00 to stop them from _ getting back on line. That's my opinion. _ Mr. Bello: We can initiate that policy based on computer reconnection immediately if you think that that is fair. We can do that. If we have to roll a truck that costs us $60.00 to roll a truck, we do not make it back by $26.00. Mayor Suarez: He understood that, he said that on the record. He's talking about the situation where you can disconnect by computers. _ Vice Mayor Dawkins: You see, and this is what I'm saying, Commissioner Plummer. If they had come in and told me without you're saying it, you know, - give me the 30 day disconnect, and in return I will reconnect people by _ computers and don't charge for it, then we are working together, but if you ~ had not extracted that from them, they still want to disconnect in 30 days and charge you for $26.00 to reconnect. That doesn't make sense to me and I sympathize with them, because just like all of us have sat down with them, I mean, and you may not want to say it, but I'll ask you, approximately how much _ money do you lose per month for boxes where qou put in and people... and you never get them back, just approximately? Mr. Bellow $100,000. Vice Mayor Dawkins: All right, he's got... I have no problem with it, see, but I have a problem with them not getting minorities involved, that's my problem, it's been my problem ever since I've been here and until you address - that problem, I don't feel like addressing no other problem you have. - Mr. Bello: Well, Commissioner, for 1989... Vice Mayor Dawkins: No, no, no, damn, now, '86, '85, '84, '83, what are you going to do to make up for that? E - Mr. Bello: Unfortunately Commissioner, I began this job in 1989, January. I have taken steps to correct... .Vice Mayor Dawkins: And you only got there as a minority because we raised some-and got you there. - ~~ .~r: Mr. Bello: I have taken steps to correct the deficiencies that we have v-ith z:~ _ the minoritq vendors. We have changed a lot of .the vendors that:. We have. We nos have black participation and Sue Smolier can attest to that. -. - ~. Mayor Suarez: Well, how much, as long as you are stating it, Tonq? tx'~S- Mr. Bello: We have changed our off ice supplies, we have changed-our'-classing ^- people, we have-changed.... Mayor Suarez: How about installation? How are we doing on installation ' compaaie®? ;~ Vice Mayor Dawkins: All right, this is Marsh 16, 1989, I am readia$ from, CK? ~= Mr. Bello: Those are. 1988 numbers, Cossnispioaer. ~; ~. f}F `:i ` Yi~ce Mayer AavvkiASS Well, .this a tuarked '89. ~ .-: Mr. Rollo: But those reflect.,. `'` ~~ 1.~~' - ~ ~ A~ce~be r ~ ~ ~~~• ~ ;, , ~ .~ ,- - . r' ~ = f: ~X ~- - ..• s, i - ~ ._ f Vice: Mayor barrkins: Ali right, where are your '89 nutnbers7 Mr: Be11o: Well, we have... Vice Mayor Dawkins: 'where are they? Mr. Hellos In Januarq we submit those to the City. I can tell you that... Mayor Suarez: We 11, do you know what they are? I mean, we are almost to January of ig90, do you have '84 numbers, at least roughly, do we know where '~ we are? Vice Mayor Dawkins: Ail right, let's go this way, all right, I'll go better than that. I am going to use what you have here. Contract labor, who is doing it now, black, white or Latin? Mr. Bello: Latin, white. Vice Mayor Dawkinss Aii right, marketing cost, who is doing that, black, - white, or Latin? Mr. Bello: White. Yice Mayor Dawkins: OK, white. Vehicle expenses, who is doing that, black, = white or Latin? Mr. Bello: Latin. Vice Mayor Dawkins: QK, office and supplies and expenses? - Mr. Bello: Black. - Vice Mayor Dawkinss OK, janitorial services? _ Mr. Bello: Black. - Vice. Mayor Dawkins: And now, .that's 25 percent. Who is doing the other T5 - - percent? Mr. Bello: The rest are from sole vendors that we have no latitude on. Vice Mayor Dawkins: Why? Mr. Bello: :Because there are no black firms that... ~' Vice Mayor Dawkins: Or Latin, no black or Latin firms? µ_ ;~ ~~~ ' ~°sg- Mr. Hellos That construct, that build the electronic equipment that we use. - Mayor; Suarez: But -Tony, you know how that gets resolved. If qou put a~ c~ssir _; massage to the community that you are interested in dealing with a proportion ." - of. minority vendors in those areas, they. will. find a way to ~anter partnerships, and otherolise joint venture so that there will be some minority ~_ - participation at the owaerahip level of those companies, you know that, ''axtd - maybe that message is not going out there very clear. This Commission-is ` eaying,._as long as that message is not going out there very clearly and those partnerships and joint ventures are not being created... - r. . z a ; Mr, 8e~llo: We < have met with Commissioner Dawkinp, we've met. with orb Bailey ~, o~ <tha .staff wad, have :been trying to put together a black ,lastaila~ioa _ ~ company. g~a th~ng~a happened that was.., - Mayor.Suares: There's presaatly ao black installation company ia.Miami? ~~~ .~~` - lir. Bello:: bo sir, .~~: Mayor $uarezs In South ylorda4 I-ad you srorked with tb~.back coa~ractors >',; `_ toQ on ~ that? ~ ;~ ,. .: ~3 1 ~~ ter, S+slla:a Yes.. _ ._ . ,. .. . _ : . ~. .~.~ . ~-: ~; ~ =`~ - r. ~acap~b,~r. -~`, ~~~9 ~ ~ ,~ `s :~ - ~~ ~ - - 4._ _ ~ - s s ~- Mayor Suarez: There are quits a fep electricians, I mean I don't knout r-hat snore training you need. Vice Mayor be~vkiris: Legal and accounting, aho dose that fnr your company? Mr. Bello: Peat Marwick. nice Mayor Deakins: All the black firms and the Latin accounting firms ae have and the black laayers and the Latin laaysrs, you don't use them. Mr. $ello: Well, that's done by our corporate offices. We have no latitude on that. - Vice Mayor Deakins: They are the ones I'm trying to take contract from, air, your corporate office. Thep are the ones, not you, because you guys dust cork -- there and this isn't personal against you guys at all, I've been going through - this with them from day one. Commissioner Plummer: Can I ask a question? Mayor Suarez: Commissioner Plummer. Commissioner Plummer: Mr. Manager, how much is our cable office budget? Mr. Odio: From memory, one twenty-five. - Commissioner Plummers That's total? Mr. Odio: Yea Commissioner Plummer: One twenty-five. Mr. Odio: Thousand, $125,000. Mayor Suarez: Not $125. Commissioner Plummer: Total budget? Ms. Smoller: From memory, sir, I think it is $408,000. Commissioner Plummer: $408,000? Ms. Smollers That includes the operation of the data aetaork and all the capital expenditures. Commissioner Plummer: Mr. City Attorney, hoe much is your budget? `{ Mr. Fernandez: My overall operating budget? , Commissioner Plummer: Of course. Mr. Fernandez: Tao point three. .. ~: ., Commissioner Plummer: Million? t xa ~ 4 Mr. Fernandez: Yee. -: - Commissioner Plummer: OIL. If there is noncompliance, vrhy is this Commission ~.~,; y" got-to sit here and dwell into this matter, if there 'is aoncontpiisztce-.betaewn ,.~; a $3,000,000 operation, you sad the cable office, - shy, ,if "`~th~re ' i• ~_ noacasapliance, v-hy aren't qou recommending to 'this' CoaNaission t#sst ° there ' is - '~' " noncomplisnce? I don't understand v~hy this Cam~aissian has ~ to ~o 'i~ato that _.: matter. dlr. Fernandes: -Well, I think my stata~aeats is the record at the va?xy-bagiiuiing verve vary sleet and---. ,~.. ~ ~ Ma. Smoiler: Connnissioner Plummer, in the staff report, there sere two recommendations I'd like to draw gout attention to, to hope to answer gout question. First of all, the ordinance is ver~+ weak in the area of minority business participation and one of the... Commissioner Plutmner: Yes, but you see, you come down to a bottom line to legal. Legal, weak, or strong, are they, are they not? That's a legal determination. Why are we having to sit up here, drawing out all of these things when we are paying this kind of money? It would seem like to me that you would go to the City Attorney and the City Attorney would say yes, they are in compliance, no, theq are not, and the Administration would recommend to this Commission that we do thus, thus, and thus, or we do nothing. i don't understand why we've got to do it when we're paying that kind of money. I don't understand it. Ms. Smoiler: All right, the question was posed to the City Attorney through the report and obviously I am not an attorney, and could not make that decision at that point. What we are recommending is that the City Attorney work with both the company and the City Administration. Commissioner Plummer: That's not Commissioner Dawkins' concern. He is saying, according to what he read, that there is noncompliance and I think your report that you put forth basically, and I'm not an attorney either, indicates noncompliance. Mr. Fernandez: Well, let me clarify... Commissioner Plummer: And we are sitting here trying to make a legal determination that I am paying $2,300,000 for an attorney's office and I don't understand why we've got to do the work. Mr. Fernandez: The question that Vice Mayor Dawkins has asked me is whether there are sufficient grounds to take this to a court of law to rescind or cancel the contract. Our response... Vice Mayor Dawkinss No, before I asked that, I asked you that only after you told me they were in compliance. Mr. Fernandez: No, that I told qou that they were not in material noncompliance. Vice Mayor Dawkins: OK, did I ask you about going to court. Mr. Fernandez: Correct, but now it is solely up the Administration to cite them, to bring them to arbitration. Administration is in control to make ali - of those decisions. We as lawyers can only make findings according to legal standards. We do not know the level of technical compliance. We do'not monitor their minority participation. This report was properly written by the - Administration. If the Administration chooses not to follow procedures that are established in the contract where they can be challenged before an - arbitrator for noncompliance and in this case, noncompliance doesn't have to raise to the level of material noncompliance, that is up to the Administration to do, We cannot interpose ourselves and dictate to the Administration. ~ fi' Mayor Suarez: We gather like in zoning and planning cases that. tho determination of what is the correct and legal thing to do depaads to a great extent on Planning staff, then oa your... wait a minute... then on youx department, Mho has to give ue the ultimate interpretation and f inaliy when there is some discratioa and some leeway on us. Now, I don't know about aome._ of the rest of-this Commission, the rest of the members of .this Commission,.. . but there is enough on the record here today of the kinds of things. that. are perhaps not material-noncompliance, but do reflect .things that you have o ~' improve on as Commissioner Dawkiaa said, Bad not in the way that requirem each time that we come. here, we'll. go through all of this. For euample, ~~~t: another test of t-hst Com+nissioaer Aioaso wr:s concerned about, how easy it y is to reach TCI, you know, as the phone, Thus is 'a very normal working=hour u-ti I ~u~t want to put: oa the record, Mercy: who dialed the nuuaber. :bat ,you ~avt- her, ws4 ksgt waiting four minutes, l don't; know ii that i+s -re~soaab~.e~ or~:~ot reasonable, l~at fQUr ioiautes is a $ubstaatiai' amctVnt o!~ kime, :;~ies-,.,~~~i~a -sakes ~. it. ere had_ problems with service in our. area, bow.~py ctamplaiata~~-il~ ~ri~ ;; f .out a ttv~t:k anti I tee b+-PP7 to say -that and consistent with .°everythl~ng else : . ~,. ,: ~,~, ~', +~~ ~o~utsbe-~ ~, i4$p £ 5 x~ t ~~,dy~ ` y t ae'te heard this tnotning, she was told taa cabs mill send out a technician, - so at one point this morning, I thought I heard you say 15, then I thought Y heard qou gay three, your people ate tsaying two. pretty soon ae are going to get to one and wt4're going to ha~re a very perfect system, sere they' 11 send out a technician regardless of shat call you get, in which case... you knoll, these are the kinds of things that are probably not material noncompliance, -- but thep do reflect, and all of us have done it, Commissioner De Yurre trade mention of this situation, all of us have done it, dust as private citizens calling in and if you ~oant the to try it, ae'll do that during the day and during the vreek and when you don't expect it, you know, like Candid Camera, ote'll make the phone calls and see how well you respond and it could be better. i guarantee you that Commissioner Alonso, I think is sears of that, that is shy she was inquiring. Mr. Bello: We weicorae that, Mr. Mayor. - Mayor Suarez: Well, I Suet tried it and it wasn't all that good. Vice Mayor Dawkins: One question, Mr. Mayor. Mayor Suarez: Vice Mayor. Vice Mayor Dawkins: TCI has its money in what bank? Mr. Bellos Several. Vice Mayor Daavkins: Federal. Mr. Bello: Several. Vice Mayor Dawkins: Several. Name them. Mr. Bello: Many banks, I couldn't begin. Vice Mayor Dawkins: Any of them a Latin bank? Mr. Bellos No, sir. _ Vice Mayor Datvkina: You at ill got to meet the Latin minority. Any black -` _t banks ? Mr. Robinson: We don't know that, I couldn't answer that. - Vice Mayor Datvkina: See, I understand, but I'm telling you what my problem -_ is ,` OK? You could very easily deposit the funds is a Latin bank. You could ~ very easily deposit the money in a black bank to meet part of the minority '= ` , participation. But these things, it never crosses your mind, and I mean the _ ~ corporate people, not you, OK? You know ahy7 Because they sit up there, they ~ don't care. You are down here taking the heat from me and those guys up ~: there, wherever they are, they couldn't care less. Mayor Suarez: Let me ask them about that nos. Mr. City Attorney, Mr. Citq r Manager, is there anything that says that their parent company has any .less responsibility than they themselves as to some of these requirements oa minority participation of banking services, etc.? ~' ~ - Ms. Smoller: No. _ ~µr. ,~ - Mr. Fernandez: No, not that I know of. __ Msgor Suarez: Meaning that they have the same responsibility. , . Ms. Smoller: Yea, that is correct, sir. Mayor Suarezs All t-fight, so .please convey tk~at by hetter to thte ~+~tcamC company. Wo don't need- to beat up on you gups every timer Yp~- some dam; ~uirs = I think you area both very respo:aaiae, but your ps~ent company~`souads ~.iks "they are going to.., yes, `both QP you' arc very raspoaaiv~. -It ao~tnda 'li#e `yot~x ~' gaxent hompe,t~y and your `psl~ac~gals, aAe, I 'tt-iak ~ mkt bias oaca.~` try ett~e .Prom , ~ ' Aeaveex, is thatp They 'ass still Prate Dettirr? 'Y,pu ~ha~rsa't s~m~r~u~ed t#am to ~r' eve to Miaath. Ali. rig#t, that thety~d ber dote he<~e Pax. ~~~ heext +~~ thatre = : - - ~ hoarinds. i really think that that is gola~g tQ k-+~lp yQU. ~ ma., ae-- aret ~- +~~ ~a~ce~abn~ y ~ ~9A~ - ,r}~~ - ~,~~~~ - s~. ~__ ___ __ _ ., ~; ~: going to tell thess that you've been teagnificent, but that they ha~re nt:t b~eh. We'11 tell them as directly as we've tall you today, but someone ought tts convey that to them by formal letter and I'll entertain a motion to that effect if you sent to move it, Commissioner, that ae tali them shat ae think are violations of our minority participation agreement. Vice Mayor Deakins: Move to defer tavo and three until they come to hear this. Mayor Suarezs Yes, and in the process move to defer the item... Vice Mayor Deakins: So moved. Mayor Suarez: ... until they are down here. Commissioner De Yurre: I'll second it, and as far as discussion... Mayor Suarezs Commissioner, I think you seated to get into one other item. Commissioner De Yurre: I canted to get into the sports channel. Tony, shat is this story with the sports channel, shy we can't have it in our City? Mr. Bellos Commissioner, beginning January 1, ae will begin offering a reduced tier of service and it may very sell include the sports channel. We have been unable to secure the sports channel at a rate that ae can pass along to our customers. Commissioner De Yurre: How much aould that be? What could be acceptable? ` Mr. Bellos I'm not privy to those numbers but that is the... Commmissioner De Yurre: Well, who's privy to those numbers? I mean, like, you - knoa...? In order for me to make an intelligent decision as to whether pie'` want to push to get sports channel here or not, I got to you what the, you _ know, what the results are and why it can't be. You know, it doesn't make sense that the City of Miami that has a major league sports team, such as the Miami Heat, we can't watch it here in the City of Miami. We can't... now, you go to Coral Gables and you can watch the Heat. I can go four blocks down the street and I can :vetch the Heat at a friend's house. Sut I can't watch it at home. And it doesn't make sense. And I want to know why it is that this Sunshine Cable or sports company that you have, -which offers sports that really, you know, teams that FSU - I'm not into FSU, I'm not into a lot of the sports that they provide, why it is that ae, you know, you want us to have this Sunshine Company as opposed to Sports Channel. - Mr. Bello: There are a lot of people that like FSU and ae get into the ~` ~' programming mix... Commissioner De Yurre: You thick they like FSU more than the Miami Heat? Mr. Bellos A lot of people do, believe it. Commissioner De Yurre: No, no, I'm talking overall. x Mr. Bellos Overall. I mean we can't determine... ~ .:r ``~ ~~ Commissioner De Yurre: Well, do you have the study? ,. ` Mr. Bello: Ws can't determine the tastes of our subscribers. Commissioner Ds Yurse: You can"t? - `, Mayor Suarezs Tony, Toay, Tony, you do, of course,. determine the taste o~ `~` your subscribers. You have all kinds of statistics that tell you that more "` people watch the Miami Heat then f'SU and I have nothing against: FSU. ~~ ,you don't have that st~tistis, t sounds like pou~re not `very good marketlag ,. `" ingormation~ You don't thialc that more people vast to ~ratch the Miami beat` ' ':' $. than `FS~J? Well, maybe we're odd up here, i don't know, i meam, ~,~ ~'dt wrong "' oa .that, but I'm sure you have these, ~'~ sure you have ratites 'iut that.. :. '~,` Maybe ~re'rs t+rQas, T mean, ig we're xx~oag tali us,' #~hsra rea~~y 'a-~s amts ~: people n this cotpmuaity that vetch y8U basketball. t#~u Miami Heat. ''. - t - . ~ ' - r ry r ~ * LL ` ~r r 4 r ' _~ ~. k '.. ~. ~. :~. Mr. Robitnsons No, sir, i don't think those numbers are correct, iie have been in neRotiatiori with Sports Channel for quite sometime. As of this date, Me are not able to provide that service because there are several different reasons and too many to even go into. Commissioner De Yurre: Give me a few. Mr. Robinson: Give qou a few ~ cost. Commissioner De Yurre: Now much is that? Mr. Robinson: I'm not able to give you those numbers. You know, I'm... Commissioner De Yurre: Well, you see. Mr. Robinson: That's part of confidentiality that we share with programmers and operators. Commissioner De Yurre: Yes, but if you have a - and legally, Mr. City Attorney... Mr. Fernandez: Yes, sir. Commissioner De Yurre: Just how confidential can they be when they have a franchise contract or franchise license with a governmental entity? Mr. Fernandez: Only in those provisions where the City can expect or require them as established in the contract, that they reveal or disclose to us information. Only in those areas can we demand it of them. In their normal trade, in the course of their trade or business, where we have not specifically, in our contract, addressed those areas, it would be my opinion that they're beyond the pale of our forcing them to disclose to-ue. Commissioner De Yurres In a situation where you have two channels, one which we feel would be more beneficial to our community as opposed to the other, how far can we go as far as finding out really if it's beneficial including cost sad everything else over the alternative Mr. Fernandez: I'd need to look at the contract to see what kind of controls we, as the City, retain over their programming decisions. If we address-that _ in our contract .that they would come to us and we would be part ;of their = programming decision, then, perhaps, we could really get into it. If we did not-address.. that, then arguably, theq can foreclose us from participating in that portion of it, in programming. - Commissioner De Yurre: OK, i think... I was having lunch yasterdaq with Lou - 4,~ ~,~ Schaffel of.-the Heat and he was mentioning that in another municipality, not _ locally,. they had sued the cable company because they werea a providing - ~' there was a local sports team and they ended up in court. So we may have to - look Sato that to see the legal zamif ications of that to see whether it may... I-wouldn't like to-.sea that, but. just to see where we stand, what legal ~<r grounds we have to pursue this. Mr. Fernandez: Correct. _ ~.. Mr. Bello: Comtniasioner,.. Commissioner De Yurre: Go ahead, ! Mr. -:Beiloc` You ara preempted by fedoral law from inter#ering • a-1th ,cur , ` progracmniag sad Sue can attest to that, . :~: - • Cvaomiesioner De Yurre: Oh, I'm not interfering, ,a. -° Coeaa-issioasr Fluma-exs ; Tar-y, yQtar better not talk like that. ~ t -' Sir, ke~.lo: ~ie've tried, , . ... •,: . ;_. .: Com~aisalonsr 'Piumtaers Ada, re e:aa't preeis~t :.you, ae can just taker 'yo~t ~? '~, • ` , ~ranc#~ise, Nou, you want tQ talk- i ik~s .that., let's talk, . ' ` ` ` e r `'3 _ ~ ~ ^ F b ~~ rte, -Y ~_ t_ . ~ - m ~ .. ~.~ _ .~. i._ _ •., _ _ ,+`i~,-~r.•~i __ .a.. ~- ~:- - Mr. $eilo: Comrtsissioner, xe've tried talking every May we know ho'y for three years. i _} Commissioner Plummer: bK, but 2'm just sagir-g that kind of an attitude isn't going to get you anyovhere. Mr. Fernandes: ts1e11, we'd look into the issue of disclosure, Commissioner De Yurre, and ye'11 get back to you to see how much we can, in fact, demand or expect that they disclose to us in terms of their programming decisions. Co~mnissioner Plummer: Let me ask a question now. You've made a motion. I think that we've extracted something for the benefit of the community by passing this ordinance. Now, I think that if we allow them, normal business is 30 days, and if they will discontinue tha re-hookup charge, I think it beneficial to the community that we pass this thing. Commissioner De Yurre: Period... i Vice Mayor Dawkins: The only thing I have to say, J. L., is, I agree with you and I mould pass it for these two gentlemen because these two gentlemen have bent over backyards. Commissioner Plummer: I'm not passing it for... Commissioner Dawkins: But, because the corporate people never come doyn here _~ for me to extract anything from them, they send these two for me to beat up ~) on. I don't want to do anything until the corporate people get here so that they can tell me some of these things that I want to do. When they come and stand over here so I could beat up on them... Commissioner Plummer: All right, let me tell you, that is, from what I understand from the City Attorney, is prescribed in the franchise that they're"" going to have to have a public hearing. Is that correct? Mr. Fernandez: Correct. Commissioner Plummer: OK. I guarantee you the minute you schedule that public hearing for possible revocation of their license, you're going to have big flights from Denver to here, OK? Noy, that's the way to do it. I'm not voting to pass this ordinance for their benefit. They're nice guys, fine, they're nice guys. We're here not to protect these two nice guys`, the community. I think it's a benefit to the community from what we've extracted this morning and I'm ready to vote favorably on the ordinance. I Vice Mayor Dawkins: But, well, but see, no, no, no... I gill vote favorably -_ when they bring it to me in writing since you... OK? You get that in writing - ~~~~` .1 by this afternoon and I'll be... , Commissioner Plummer: Make it subject to. ~ ~ ~ ." Mr. Bello: Commissioner, you could... w. :~ Vice Mayor Dawkins: No, no, no. No subject to. Bring it back in yriting and ~.- then I'll go along with it. Commissioner Plummer: That's fine, That's fine. Mr. Beilos -You can make that... Mayor. Suarez: OK, we're going to try to solve it by thin afternoon,<Touy.: l.et me say one other thing - I don't know if the rest of . the .Comatitsioa: vents to make any statement, but was this handed to me by you or .did thin, acsnaholr, Dome from Danny Bryan, your vice president? ~" Mr. Bello:. Danny Bryan seat that to you, sir: Mayor Suarez: Maybe it came is another envelope becaua it doesn't `aRe:~m to -° -' lave as address, but I'll read into the rocord what it says. He's Aot. here -' with yoµ, is #iet Mr. Seiios No, air.: ,., ,, - ' .~~. , - , :, Y ~. -~ • • Mayor Suarezs He is one of the fellows from Denver that I've met before? A.nd this is indicative of the problems that we're having and it's coincidental that I just got it and I do want to read it iasto the record. I don't think he meant it as a private communication. Hven if he did, unfortunately for him, it is now public under our public records law because it was received in my office. It says: "Dear Mayor," and it's coincidental, I just got it. I was just looking through my correspondence. "TCI is very interested in getting some action out of your counsel on the 7th regarding our nonpaid discount policy f rora 60 days to 45 days. Seems simple, right?" Question mark. It does seem simple, but it isn't. And this is what we want you to tell them and we're going to tell them in a correspondence that I will draft or the City Manager, hopefully, will draft for our signature. "There have already been two delays on voting for no apparent reason." That's what worries us. There are many apparent reasons and I want you to convey all of them to them. He seems like a very nice man. "Could you please see to it that a vote is taken on the matter? Thank you for your consideration." There are many, many reasons why the vote has been delayed. It is not a procedural thing. It is not the fact that we have a new Commissioner. It is not any of the things that sometimes make us delay on a vote. There are substantive problems with the things that we've been seeing. You've made great efforts in those regards but we want him to know that there are reasons why we've been delaying. We've got the issue of SPC and the fact that Miamians are not getting to see the Miami Heat. You've got the issue of people calling over there and not getting phone calls answered quickly. You've got the issues of interrupted service. I've had outages at my house, I've mentioned those to you. You don't have an electronics system for determining that that's happening and, hopefully, correcting it, if it could be corrected electronically. There are issues of affirmative action that Coromissioner Dawkins has been bringing to your attention and presumably you've been making great progress in. All of those things should be brought to his attention so he doesn't think we're delaying lust because we have nothing else to do but delay and... Commissioner Plummers Let me give you another motion. I make a motion at this time that we invite, on January the 11th, 1990, all of the key executives of TCI to appear before this Commission. In lieu of their nonappearance, a public hearing be scheduled for the allegations brought forth by the Cable Department. I'll offer that in the form of a motion. Mayor Suarez: So moved. Commissioner Plummer: If these people can't answer the questions, let's get the people here who can. Mayor Suarezs So moved. Commissioner De Yurres Second. Mayor Suarez: Now, what are you suggesting as to the item? No, no, ae... _ Commissioner Plummer: We're inviting the key executives who make the '` decisions in Denver... Mayor Suarez: Right. Commissioner Plummer: ...to come here on January the 11th, 1990, to face thin _: Commission and answer the questions that this Commission has... `' Mayor Suarez: No, I got that, that's pretty important. Comsaiasioner Plummer: In lieu of that, then a public basting- be hp~d° a+s prescribed is the ordinance of the allegations made by the Cable= Aepartmeat. j ..; Mayor Suarez: OK, but as to the item? Comsnis:s:ioasr Plummer: Let's give them the opportunity. ~ ~, ;, Mayor Suarez: You had done saoa-ethlag else see to the item before us. What use its Coam~issioner Plummez~ No, the item before, he wants to w¢it until t~q $et it =~ in writing, that's ~iae. . , ~, . ~~_ °~.. ~ ~ .~ ,; ~ .~~`~ ...~ ~ ~ ~, _ _ _ _ _ ------ - -- ;, - ,,; ,. i s r -I ~, _ _ , _~~i Mayor Suaress This afternoon. Commissioner Plummer: Yes, that's fine. Mayor Suarez: Ail right, so as to... Commissioner De Yurres Now is that a total waiver of the $26 reconnect fee? Commissioner Piummars Yes. Mr. Bello: Commissioner, if I may, our operation decisions are made in our division office in Birmingham, Alabama... Commissioner Plummera Wherever. Mr. Bellos ...so perhaps your motion should reflect that. Commissioner Plummer: The key executives, OK? The key executive who make the decisions... Mayor Suarez: It might be a good idea to bring Danny since he wrote that letter, that very nice note that reflects that there's a little bit of lack of communication here. Mr. Bellos And, if we could amend the proposed ordinance to include that disconnection, that... Commissioner Plummer: You do that in writing this afternoon, it obviously will pass. If you don't do it, Merry Christmas. Commissioner De Yurres Yes, but theq don't have the authority to do it here locally, is what he's saying. Mr. Robinson: Yes, we do. Mr. Bello: Yes, we do, we have that authority. Mayor Suarez: It sounds like they're going to get it if they don't have it _ between now and this afternoon. Mr. Bello: Yes. Commissioner Plummer: If they can't provide it, they don't get the ordinance. It's that simple. ,: ~~ ~ Mr. Robinson: We do have it. ~r ~ . Mr. Belles Can we amend the ordinance-now and take a vote on that anw? Commissioner De Yurres No. r Commissioner Plummer: Commissioner Dawkins says he wants it in writing, Y'ou z- csn' go bring it back in an hour sad I think the consensus here is, 3t Miii pass. ;~ %. >;. Mr. Bello: OK. We can do it. y~; '~ .`- Commissioner Plummer: If mot, Merry Christmas. Mayor Suarez: OK, anything further on the iteta? We have ~- motiaia sad ,~ second as to bringing the principals here prior to Loldi;ng 'another pubic y hearing oa it. ,~A l~r, Fsraandez: Mr. Mayor, just a point of clarification. This ,ia just b~- : ~ invitation. The issue of the public hearing, share would firgt have to' be '. ~~~ , ~ proper charges or proper deficiencies noted.... fir` ~ ~~' Mayor $uarss: i would strongl3- sutggQSt you begin dr~-ftis~g thous as per the , . that we dpcde'that the appaaraace of the ~~ comments of this ~om~aissiQn in aria . s ~ <. euscutive ~~ not sufficieAt. ~`;' , ~ ,..~~= Mr. Fernandez: But the two days could not coincide. Mr. Robinson: Y got qou. ~:: -:. Commissioner Piummer: No, ae're maybe going to resolve it, hopefullq, on January 11th. Mahar Suarazi Yes, obviously, we ovouid hope to resolve it. If not, ae could hake to a formal public hearing aith the specific... Coftsnissioner Plunemert Reasonable people caa disagree, but they don't have to be disagreeable. Mayor Suarez: OK? We have a motion and a second. Any further discussion? if not, please call the roll. Commissioner Plummer: That's incorp... - excuse me, Mr. Mayor... Mayor Suarez: Yea. Commissioner Plummer: ...that's incorporating the comments of the Cable Department of the City of Miami in that situation. Mayor Suarez: OK, call the roll. - The following motion was introduce8 by Commissioner Plummer, who moved its adoption: - MOTION N0. 89-1114 A MOTION DIRBCTING THB CITY MANAGER TO INVITfi ALL OF THE KBY EXECUTIVES OF TBLECOMMUNICATIONS (TCI), INC. TO APPEAR BEFORE THE CITY COMMISSION AT ITS REGULAR MEBTING OF JANUARY 11, 1990, TO ADDRESS, AMONG OTHERS, QUESTIONS REGARDING THEIR POLICY ON MINORITY - PARTICIPATION; FURTHER INSTRUCTING THB ADMINISTRATION a TO SCHEDULB SAID DISCUSSION AS A PUBLIC HEARING IN `~ LIEU OF THE MANY COMPLAINTS RECBIVED AND FORMAL ALLEGATIONS BROUGHT FORTH AGAINST TCI BY THB CITY'S ,:: CABLE DBPARTMENT. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: - AYES: Commissioner Victor De Yurrs ::. Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins ,;~_ Mayor Xavier L. Suarez <~c NOES: None. ABSENT: None. =~` F r ,.- ~ _ ;-~ .~ `; '~~° - - ~ ' . ~- r ~ ,_ -~ ;~ sk _ ~~. Y ~y ..r, r -- - ~ .. fit:."4 c r .,.~_ ~~, -- - ~ - • ~ 10. DISCUSSION CONC$RNING ALI,$GED BREACH OF CONTRACT $Y PRESENT ADMINISTRATION OF CUBAN MUSEUM. Commissioner pluminer: Mr. Mayor, can I bring up a similar situation that's been a sore sub3ect but people have written to me and I'm going to put it on the record. This involves the Cuban Museum. Mr. City Attorney an allegation is made that the Cuban Museum, as presentlq constituted, is in breach of their contract. That breach allegated, and I will turn all of these papers over to you, is that v-hen this City Commission gave them the right to use that facility, there would never, ever be an admission charged. They have provided documents here in which it is clearly indicated that on a number of - this has nothing to do with you, Tony, go home... a Mr. Bello: He called item three. Mayor~Suarez: No, it was my mistake. My mistake. Mr. Bello: Oh, OK. Mayor Suarez: Item three is assumed into item two. I gather you were going to tell me that, Mr. City Attorney. So there's nothing to be done on it at _ this point. Commissioner Plummer: I ask you, Mr. City Attorney... Mr. Fernandez: Yes, sir. Commissioner Plummer: ...to look into this and report back as soon as - possible as whether or not they have breached the contract. I present you with all of these documents, sir. Mr. Fernandez: Thanks. Commissioner Plummer: As well as the editorial in the Miami Herald which pretty much - I'm sorry, not editorial - letters to the editor, which pretty much parallels what's in those documents there and I would ask you to report back to this Commission as soon as possible. Mr. Fernandezs Thank you. DISCUSSION 11. FIRST READING ORDINANCES ESTABLISH NSW SPECIAL REVE NUE FUND "DHRS NSW REFUGEE EMPLOYMENT AND TRAINING PROGRAM (FY '90j") - ACCEPT GRANT AWARD FROM DEPARTMENT OF HEALTH AND REHABILITATIVE SERVIC8 3 ($56,550) - ENTER _ INTO CONTRACT/AGRBEMENT WITH SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. Mayor Suarez: Item four then, special revenue fund, DHRS new. refugoe empiayment and training program. ~'~; Commissioner Plummsr: Move it. - ;,.r ..e; Mayor Suarez: Moved. ~ ~ Commissioner De Yurra: Second. Mayor Suarezs Seconded. Any discussion? If not, please read the ordlmsnGe Cali the roll. ~ ~ __ __ __ , . .~ • • AN ORDINANCE ENTITLED- AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUB FUND ENTITLED: "DHRS NEW REFUGEE EMPLOYMENT AND TRAINING PROGRAM (FY'90)" FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, IN THE AMOUNT OF $56,550 AND ENTER INTO THE NECESSARY CONTRACT AND/OR AGREEMENT -- WITH TH8 SOUTH FLORIDA $MPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A REPEALER PROVISION AND A 3EVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner De _ Yurre and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre ~- Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso _ Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commissian and to the public. - COMMENTS MADE DURING ROLL CALL: Commissioner Alonso: Yes, I assume that the Nicaraguans are included with - if they have work permit - on this issue, right? Mr. Frank Castaneda: Yes, Commissioner. 12. FIRST READING ORDINANCE: AMEND CODE CHAPTER 54, ARTICLB VI ("SIDEWALK CAFES") - EXPAND BRICKELL AREA CAFE ZONE, REVISE PERMIT FEE, CORRECT _ STANDARDS/CRITERIA, ADD RESTRICTION AGAINST LOUD NOISE AS CONDITION OF PERMIT, PROVIDE FOR TBMPORARY SUSPENSION OF PERMIT, REINSTATEMENT OF - SUSPENDED/REVOKED PERMIT BY DIRECTOR OF PUBLIC WORKS, AND ESTABLISH MINIMUM TIME PERIOA FOR REAPPLICATION AFTER REVOCATION. Mayor Suarez: Item five. Commissioner Plummer: Move it. Mayor Suarez: Moved. -,r`: Commissioner De Yurre: Second. Mayor Suarez: Second. Any discussion? Commissioner Plummer: Mr. Vice Mayor, read the ordinance. Mayor Suarez: Call the roll. ;';4 ~r - a . _. -cq 1 .. .. ~ AN ORDINANCE ENTITLBb- AN ORDINANCE AMENDING CHAPTER 54, ARTICLE VI, ENTITLED - "SIDEWALK CAFES", OF THE CODE OF THS CITY OF MIAMI, - FLORIDA, AS AMENDED, BY MAKING THE FOLLOWING MODIFICATIONSs EXPANDING THE BRICKELL AREA CAFB ZONE; FURTHERS IN REGARD TO SUCH ZONES GENERALLY BY REVISING -_ THE PERMIT FEE; MAKING CORRECTION TO THE STANDARDS AND = CRITERIA; ADDING A RESTRICTION AGAINST THE GENERATION OF LOUD NOISE AS A FORM AND CONDITION OF THE PERMIT; PROVIDING FOR A TEMPORARY SUSPENSION OF A PERMIT FOR CAUSE; REINSTATEMENT OF A SUSPENDED OR REVOKED PERMIT BY THE DIRECTOR OF PUBLIC WORKS UNDER SPECIFIC CONDITIONS= AND ESTABLISHING A MINIMUM TIME PERIOD FOR RE-APPLICATION AFTER REVOCATION; MORE PARTICULARLY $Y AMENDING SECTIONS 54-109, 54-111, 54-114, 54-116, 54- `~_ 117 AND 54-118; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. - - Was introduced by Commissioner Plummer and seconded by Commissioner De Yurre and was passed on its first reading by title by the following votes AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. _ Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members o£ the City Commission and to the public. 13. FIRST READING ORDINANCE: AMEND CODE SECTION 38-8 - INCREASE EXISTING RATES FOR USE OF DESIGNATED AREAS AT MANUEL ARTIME COMMUNITY CENTER, ESTABLISH RATES FOR USE OF MINI-PLAZA AND MINI-PARK, REVISE INSURANCE REQIIIREMENTS, AND RENAME LARGE AUDITORIUM OF BUILDING "A" AS MANUEL ARTIME PERFORMING ARTS CENTER. Commissioner Plummer: Item six. Commissioner Dawkins: Commissioner Plummer: Move. Second. Commissioner De Yurre: Call the roll. Commissioner Plummer: No, read the ordinance. Commissioner De Yurre: Well, read the ordinance first. Commmissioner Plummer: Motion understood? No discussion, no one willing to come forward. Call the roll. AN ORDINANCE ENTITLED- -- AN ORDINANCE AMENDING SECTION 38-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMBbiDED, SY INCREASING EXISTING RATES FOR THE USE OF DESIGNATED AREAS AT THE MANUEL ARTIMB COM!lUNITX CENTER] ESTABLISHING RATES FOA - THE US$ OF THE MINI-PLAZA AND MINI-BARK; RB1-ISiNG T#~ INSIIRANCS REQUIREMENTS; RENAMING TFiE LARGE AUDITCRI't~ki OF BUILDING "A~ AS THE MANUEI, ARTI~tE PERFORMING ARTS CENTER; CONTAINING A REPEALER PROVISION AND. A, SEVERABILIT7f CLAUSE. , ~~ ~RX~lIR~~~~. ~# ~~~~ rri%'~~~i t #1!sr __-/. ~". Was introduced bq Commissioner Dawkins and seconded by Commissioner Plummer gnd 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 Dawkins NOBS: None. ABSENT: Mayor Ravier L. Suarez _ (Hate: Although absent during roil call, Mayor Suarez later requested of the Clerk to be shown as voting with the motion.) 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. 14. FIRST READING ORDINANCE: AMEND CODE SECTION 53-151 PERTAINING TO _ PROCEDURES AND USTsR FEES AT COCONUT GROVE EXHIBITION CENTER BY CHANGING = FXBS DETfiRMINED BY TYPE OF EVENT BEING HELD. r ~. s~ _~ _;, ~~,., Commissioner Plummmer: Item seven. Commissioner Dawkins: Seven? Commissioner Plummer: Moved by Dawkins... Commissioner De Yurre: Second. Commissioner Plummer: ...seconded by De Yurre. Read the ordinance. Mayor Suarezs Call the roll. AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING SECTION 53-151 OF THB CODE OF THB CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH PERTAINS TO PROCEDURES AND USER FEES AT THE COCONUT GROVE EXHIBITION CENTER BY CHANGING FEES WHICH ARE _ DETERMINED BY THE TYPE OF EVENT BEING HELD; CONTAINING ' - A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded bq Commissioner De Yurre and was passed on its first reading by title by the following votes _ AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. ~_ Commissioner Miriam Alonso Vice Mayor Miller Dawkins - Mayor Xavier L. Suarez .~~_ NOBS: None. ABSENTr - None. The City Attorney read the ordinance into the .public record aAd announced t~-at copies were available to the members of the City CcsaQ-issian sad to the public. _ _ _ . F `=~ ~'- .~- ~, y ¢ ~~ ~ c ' ~ ~ ~ ~ ~e e~a 4 r 7 i~$ '~ LL .. :; ; R. .. a ~ ~ '~ ~;J 15. DBFER (FOR 90 DAYS) PROPOSED FIRST READING ORDINANCE TO REQUTRB A PROTECTIVE $ARRIER FOR SWtMM1NG POOLS. Commissioner De Yurre: Move eight. Mayor Suarez: Yes, on seven. Item eight. Commissioner Plummer: Go ahead. Commissioner Alonso: Yes, I have some questions in number eight. The type of barrier that sill be required around the swimming pools. What kind of... Ms. Edith Fuentess Fence... Commissioner Alonso: ...barriers or enclosure or fence or...? Ms. Fuentes: OK, they could use wooden fence, chain link fence, rock wall = fence, concrete block wall or other acceptable material as required by the - building official and they will be required to have some type of a self- - locking, self-closing gate that should lack itself automatically. - Commissioner Plummer: Let me ask this question. How many months out of the year are the pools closed? Commissioner Dawkins: This is for private... Commissioner Alonsos Commissioner Dawkins: Commissioner Alonso: Ms. Fuentes: Private Commissioner Plummer: Cocmniseioner Dawkins: Ms. Fuentes: Yes. This for pri... ...these are private homes or public pools? Homes, private homes. , private. Oh, these are private homes. These are private homes, J. L. ~- Commissioner Plummer: I'm sorry, I'm sorry. _ - Commissioner De Yurre: What kind of barriers are these? Ms. Fuentes: What kind of barriers? `~ Commissioner De Yurre: Yes. ~N Ms. Fueates: They will be protective enclosures that have a minimum of ,four - feet high and ae are thiaking that the four feet high vrith the. minimum .that ~'- ~ little children cannot cliiab through. That's the minimum. ~ Commissioner De Yurre: But, are you saying around .the property? " I :.. yT `~ Ms. Fuentes: It can be, around the property or immediate vicinity of the ' swimming pool. :~ Commissioner De Yurres OK, so... -i, Ms. Fuentes: If a property, right novr, is tataily enclosed by a face, they. can add the self.-cocking, self-closing gate, so that it 'tli close ' ' automatically. - ` f ~' Cammmissioner Plummer: Is'this retrospective or is this cram this day #or~rard7 ~ `"; ~; lbs. Fue~-tes: On exietiamg svri~ging ~+ools, they are given tao years tD coasplq ~, t0 aAf~ th0 i r l ice . r • 5 ~ k , ' 1 ;~~ plCA1#1~~2Ir ~~ ~,'~~i~ z ,~ is f LT ~ i ~~ r _ ~. - ~ z 7 ~ ,. _ _.-. - --. _. ___-__.~ .-.-. -_ ___ _~_._-_ it~ __ _ - .._ ~ ~ Conre:issioner Plummer: iahat is the estimated cost for a parson Mho nbw has a pool who would put this in? Ms. Fuentes: It will be from $800 to about $2,000, depending on the sine of the swimming pool. Commissioner Plurmner: What do you do for the people who can't afford itfi Commissioner Dawkins: Fill up their pool. Conunissioner Plummer: No, I'm asking, what would you do if a person says, "Hey, I got a pool and I can't afford $2,000." Me. Fuentes: Well, the only thing we can tell them is notify them that this is a life-safety measure and, you know, they have a maximum of two years. Commissioner Plummer: And after two years, what do you tell them? They got to take out the pool? Commissioner De Yurre: Put some gardening in it. Ms. Fuentes: That's - I don't know. Mayor Suarez: What does the South Florida Building Code provide already for swimming pools? Ms. Fuentes: Metro-Dade has one, but it's not a mandatory to be adopted by municipal so... Mayor Suarez: Are you saying that there is presently no ordinance of any sort, zoning or otherwise, Florida Building.... Ms. Fuentes: No. Mayor Sttarezz ...Code or otherwise, that prescribes a four foot fence or some other impediment of that sort around a swimming pool? Ms. Fuentes: The South Florida Building Code requires a protective enclosure but it's not adopted... Mayor Suarez: A protected enclosure. ,w Ms. Fuentes: Right. They didn't say around the swimming pool or around the property, but it's an enclosure that would prevents life safety hazard. _ Mayor Suarez: And doesn't it say four foot high? Ms. Fuentesz No. That's why... Mayor Suarez: That's what they told me when I built my swimming pool. ,; Ms. Fuentes: That's why we're trying to see if this life safety feature. can be added in our code. Mayor Suarez: You're saying there is nothing aov, in .the books, that requires... no State law, no County ordinance, no South Florida Building Cods provision that requires a four foot barrier or wall-or feace~arouad._evesy _ saitnmiag pool in the City of Miami? Ms. Fuentes: Not on the satire State book. It's only... Mayor Suares: I'm saying, any of those, 8dith. ~- : Ms. Fuentes: It's adopted municipal by each aQUnicipality only. ~ - Mayor- Suarez: The South F~.orida Building Coda has to be sdapted bg e-t-~tty - iauaicipa~.ity if they so choose. If not, they have to adopt sus ether building code. That's sat my qu4stign. My queotoa ~is, you're gayiug ~bare'a ~ ~: ao ordinance nor applicable iA the Gity of M~aml that req~i~es ~hi®4 ' - Ms, Fusntes: Y+TOne. ..:` ;`°' ' - r ~ '` t 3t' 5~i Deo~~b~~ ~." 1~~9 ~ T T .. i. Mayor Suarez: Well, that sure as heck isn't shat t wan told a couple of moflths ago. Ms. Fuentes: We have nothing. That's why we haven't adopted anything. Mr. Sergio Rodriguez: Maybe we're trying to protect your neighbors £rom your - children. Commissioner Plummets The what? - Mr. Rodriguez: They are trying to protect your neighbors from your children. - Mayor Suarez: Oh, I already did it. Now, a four foot fence, a chain link -_ fence surround your property qualifies under this ordinance? Ms. Fuentes: That's the minimum. - Mr. Rodriguez: This is the definition that we're given though. _ Mayor Suarez: If it's a minimum, it qualifies. Is the answer yes? Ms. Fuentes: Yea. Mayor Suarez: Thank you. Commissioner Alonso: In reference to the lock, what kind of lock are we requiring? Self-locking, could you be more specific on this? - Ms. Fuentes: The Fence company has this automatic lock that when the gate _ closes, it lock. It's like a spring type lock that locks itself and the only one that .can open it, let's say, if an adult knows how to click it, you know, - - from within. Commissioner Plummer: And you don't think the kids will learn that? Ms. Fuentes: Well, a two or three year old kid, you know, we don't think... Mr. Rodriguez: The idea... Ms. Fuentes: ...this is the acceptable method that they have used so... - Mr. Rodriguez: You know, this is to protect very small kids. Obviously, four feet can be Jumped by any kids. Commissioner Pluaxners Hey, come on, we know damn well it's to protect kids... °~ Mr. Rodriguez: Right, small kids. Commissioner Plummets ... it isn't to affect adults. Mr. Rodriguez: No, I mean small kids. Actually, any other. kid will Jump the .. fence, you know that too. Ms. Fuentes: Most accidents are in the age of two years old and according to = statistics, boys between the age of 2 and 2 and a half years old... Commissioner Plummets i'll also bet you that 40 percent of~-the statistics, - it'a children who live in that ..house... Mr. Rodriguez: In the house. - , ;! Commissioner Alonaoe exactly. -' Commissioner Plusnmers ..,that drown. ~ Y ~' •. x- .. ~ _ - - Commissioner Aottsos 8xactly. .. _" - Commiasioaer Plummets Not, the children froa- outside. ;, - ~- ~c~memissiaasr Aioso~+: Ae£iaitely. ~ '_ ,'. .~; ,.~ _. ; . t ~ _ - _,__ Y ~ ..._ _..~~_ ____ _.....~----.__.__._y.~=._. • r Mr. Rodriguez: OK, you hake the choice of, you know, recatmt~ending ~ i ,bean, approving or not. Commmissioner Plummer: I at ill am asking mq question that I haven't got an answer. At the end of two years, a person sags, ~ don't have the $2,000. What are you going to do? Are you going to close their goal, you going to - make them take it out, what are you going to do? Commissioner De Yurre: What are you going to do to my pool? - Commissioner Plummets Yes, because he's not going to comply. Mr. Rodriguez: At the end of two years, you have that option. Either asking them to close the... ~= Commissioner Plummer: What are you going to do at the end of two years? Are _ qou going to take them to fail? What are you going to do with them? Ms. Fuentes: Since this is a life safety... Commissioner Plummets Answer my question. Is it written in the ordinance? Mayor Suarez: What are the penalties for noncompliance? ~ Commissioner Plummer: What happens at the end of two years when the people s tell qou, I don't have the money? - 1 _ '" Vice Mayor Dawkins: No, or that Just that I'm not going to do it, whether they got the money or not, J. L. Ms. Fuentes: The only recourse... Commissioner Plummer: What does the ordinance say is going to happen to them? - Ms. Fuentes: The only place we take those case is the code enforcement board. Commissioner De Yurre: $250 a day. Ms. Fuentes: That's... yes... -~ Mayor Suarez: The fines could be $250 a daq? j' Mr. Rodriguez: Fifty to $250, it depends upon what they impose. And then, based on that, theq can put a lien on the property. If you Neat further ~ information on this, or you want us to further review this we can bring #t _ back to you. ~` Vice Mayor Dawkins: Call the roll. Commissioner De Yurre: I'm ready to vote it down, so let's go. Mayor Suarez: Do we have a motion on the... Commissioner De Yurre: I move it. - Comaiesioaar Plummer: hell, you .see, I can't vote. it dtywa. OK? I:thimk it seeds more clarification. I think it needs more follow through, but ho~- Lha, _ - hell could we sit here and say we're not going to protect the child~44~? I ~° - mesa that's ridiculous. Magar Suarez: OK, we have before us a motion to deny .this item aa~ ~ a~~pn~ ~~: by Comsnissioaer Dav~kiaa. Now, discussion. Any further diacuaeioz~ on itt °~ .r Comssissioaer Plummer: Wall, I can't vote with then motion. I think ~-o ae~d to ~~ gat it clarif ied. I think we need mots information and I think the point th+~t I'm bringing up. Z don't -~-ccept that at the sad of two years, you ;take th~a before the .code en~orcemaat board,. _ .. Commiss~Qaer Dm Yurras Therms ao alternative. dither 1# you vfoisr~~a code, ,g x therms a pronpdura. Now, th¢ thing ~s.. ,. _ -_ _~ ~ ~<.; ;, *_ S~ ~ee~~rmbar ~` ~ ~~~~ <<,, y. ~ ~ ~~-. Y / 4 ~ u1v'' a -~. ~ ~ Commissioner Plursner: We11, I'll tell you ghat the alternative can be, as we've done with other things in life and safety and that is that we establish a fund which theq can borrovr the moneq from and pay it back out over ten gears at 3 percent interest. Commissioner De Yurre: They're still going to be gaping it, they're still gaping it. Cota~nisgioner Plummer: But that's not involved in here. I got a neighbor - just to give you an example - I've got a neighbor who has a pool, he hasn't or no one has never been in that pool in the last two pears. Now, why are we forcing him to do something and, you know, he can afford, of course, the fence. Mayor Suarez: Is it full of water? Commissioner Plummer: Yes, the pool has water. Mayor Suarez: That's the concern that somebody sneaks in. Commissioner Plummer: I agree, Mr. Mayor, I understand. Edith, let me ask you this as an alternative. I know they make an alarm device in case somebody were to fall into a pool. Would that be an alternative? To me, it's a better alternative. A kid could crawl over the fence, fall in and drown and nobodq knows about it. If you have that alarm device on the pool, when anything goes into that pool, the alarm goes off. To me, that would be a better device. Ms. Fuentes: That's something we can look into. Commissioner De Yurre: J. L., anybody that climbs a fence to get into a backyard, They're going to climb over whatever it is and they're going to get in the pool. ,;;, Commissioner Plummer: No, but the point of it is, Victor. If you have the alana activated, and somebody jumps in, the tipping of the alarm sets it off.. It's like a burglar alarm. OK? And at least then somebody would know about it. A kid jumping over a fence or the case that we had in the City which teenagers pushed a four year old over the fence and had the calamity... Mayor Suarez: Let me do this, if this motion passes, would you, at the very least, report back to us on that alternative? It sounds like an interesting alternative and a lot leas expensive. Commissioner Plummer: I can't vote. All right, you all do what you want. I can't vote against the safety of children and that.': what's in effect what i you're doing. I mean, that's crazy. }~ ~° -_ Commissioner De Yurre= Well, then, defer this for further study and come back' ~- in a couple of years. ~ _ t Commissioner Plummer: That's what I asked from the beginning. ~ Mayor Suarez: L'11 entertain a motion to refer - if you withdraw the motion - .; `` ~ to refer... ~- - Commissioner De Yurre: Well, it was his motion, you know, and I second it. ti j Mayor Suarez: I thought it was pour motion and he'd seconded it. Accprding a to the City Clerk, it was your motion. .,; c Vice Mayor Dawkins; Mean, the first thing is, letfs clear that this is ttot-a '< vote against children. ~J, .j ~ k~- Commissioner Plummets Yes,. that's what I'm trying to`aay, Vice Ma or Dav-kins; OK. Well, T mesa, that's our opinion sad Vi'm' Zvi .you. ,; Y y $ ~ _ mp Qpniga. OK? In my opinion, this is Aot a vote sgai~nst cb~ildrmm± l~'e a vote o~ invasioa~ of privacy. You Mant to make ma do aomatni~ 7-itb _t~y~-l~otsse ~ - ;` don't ~raAt to do. That's mq prabla~a. Not 'that I'~a. , . I agree with` you, same ; ~- aa~a~~ ~a~tor should b4 ~Qr the. childrQtt, butt, by tip game ~Qket~, ~- rAxirad _ "''.. individual who has.. corked ail his life, paid . ~~r $~~ house, who has a °pooi, ;` -. xb~ sw daily fox' re~+~~aational aa+~ ha~~alth Nurpoaes~,, - ~; .3' }Y; - .. _ 1:~. ~~ ~~ ~ ~ Commissioner De Yurre: itho's got no children. Vice Mayor Dawkins: ...does not have $2,000 to put up a fence, what are thep supposed to do7 Mr. Jesus Rois.: Mr. Magor, could I... Magor Suarez: OK, anything, let me see procedurally, Jesus, where we are here so before we find out. Commissioner Plummer: Defer it. Mayor Suarez: OK, we are now withdrawing the prior motions and there is a motion to defer for further study, including the proposals made by Commissioner Plummer. Any others that have come up, including the possibility that the City would, in some way, participate in helping people that can't afford to do this, I can't imagine with what funding... Mr. Rodriguez: ~,le can look also at the possibility of extending the period in which this will become in effect so that will give notice to everybody and then they will have plenty of time. Mayor Suarez: The problem with that, Sergio, is that we already have a two year effective, you know, I mean - how long are we going to extend it? It's not going to be an ordinance if we tell people - you have to do this, but you don't have to do it for the next ten years, yeah. Jesus, what was your comment? Is it favorable to the motion now to defer for further study? Mr. Roiz: No, it would not be in favor. My name is Jesus Roiz, 358 S.{i. 22nd Road. Mr. Mayor and Commissioners, good morning. Mayor Suarez: You wanted the original ordinance then? Mr. Roizs Well, I wanted to add two comments to that. I'm in support. of the building department on this, obviously. Hhat I was going to say, that most properties, most lots in Miami are 50 foot lots and moat everybody has a fence around that property. Whoever has more than 50 foot, probably has the. money to fence that property in. Now, I was going to suggest that maybe other tgpe of enclosures like a net, nylon - nylon net around the pool area would probably be less expensive than that and it could be... Commissioner Plummer: And it's ineffective. People won't put it over. Mr. Roizs Perhaps removable. OK, we're talking about small, verq small children, two to three years of age. You do not really need to be concerned `- with,l0, l2, 14 years old. They will do whatever they want anyways. Ia - reference to any motion detection equipment, someone would drown in 45 seconds.,- Sven it did work and someone saw the signal, they would not have time to rescue a small kid that fell in the aster. - Commissioner Plummer: Well, foz the record, Mr. Mayor, I would have no problem voting for this motion if it applied to pools from this day forward, -_ Edith. OK, then when a person agplias to put in a pool, they know abet the rules-are and the regulations. And I guess the problem that you have is, is the equity. - Commissioner De Yurres if the concern is that two and three pear olds, are going to be drowning, first of all, I can't see and two and three year old; - that has a responsible parent being out and about by himself, .ia the neighborhood to start of#. .Nor, if you're talking about .you h~sviag t1!A ante three pear olds, in your. o~ hoans,, I think that you, ysaurself~ ire-.:gp~s~g,;to d4 all you. can to protsct your. own children ~-ithout having to bq tQld _to dq~~, And that's why..I really don't ses the point of thisor~iaance at thip.pp,ig~-ia '~` Baas, Mayor Suaress OK~ but the motion is not framed that way and -right... i s expensive options. Commissioner Dawkins and I think Name of qou have mentioned the possibilitq of Borne kind of a safetq net or other material and -_ particularlq for those people who are not. using their pools, qou know, and so on. In anq event, so moved and seconded. Anq discussion? If not, please call the roll on that item. The following motion was introduced bq Commissioner De Yurre, who moved its adoption: MOTION NO. 89-1115 A MOTION TO DEFER PROP05SD FIRST READING ORDINANCE (TO AMEND CITY CODE BY REQUIRING A PROTECTIVE BARRIER FOR SWIMMING POOLS) FOR NINETY DAYS FOR FURTHER STUDY BY THE ADMINISTRATION; FURTHER REQUESTING THE CITY MANAGER TO REVIEW ALL SUGGESTED POSSIBILITIES AND SAFETY CONCERNS AND COME BACK WITH A RECOMMENDATION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted bq the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso -_ Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOBS: None. ABSENTS None. _ 16. FIRST READING ORDINANCE: AMEND CODE SECTION 37-71 ("OPEN AND VACANT STRUCTURES") BY PROVIDING FOR ACCEPTABLE METHODS OF SECURING/SEALING VACANT STRUCTURES. Mayor Suarez: Item nine. Commissioner Plummer: Move it. Mayor Suarez: Open and vacant structures, providing acceptable method of securing and sealing vacant structures. Moved. Commissioner De Yurre: What does this entail? Mayor Suarez: Seconded. No... Commissioner De Yurre: Second it for discussion. Mayor Suarez: Seconded. Thank you. Commissioner De Yurre: What does it entail? Hello? Mayor Suarez: Discussion... Commissioner De Yurre: Barth to... Mr. Sergio Rodriguez: Basically at this point, v~hat is happeaiag is that we don't have a clear zaethod of securing the buildings sad sometimes the ownara of the properties ~uat put a piece of plywood o-hieh is removed the same aig~tt and what we're saying with this is you have to use the setae taterial of the building in a Waq that will be acceptable to the building sad aeoalAg departaaeat to avoid that kind of situation. .l Cor~iseioner De Yurre: Which would be wbat? -block? Conuniaaioaer Aawkina: Cinder block, cinder block, you wait to block it up, ,~_:. ------- - ,':I t Mr. Rodriguez: Cinder blacks in cease where you have masonry buildings. In other cases sornetimez~ you have to use good. You have to secure it in a better pay' Conm~nisaioner Alonso: How do qou determine the length of time that the _~ property has bean closed? Hoa we arrive to the decision this is the time by which ae require that they have to enclose this propertq? Ms. Rdith Fuentes: When they go before the unsafe structures board, they're given 30, 60, or 90 dogs to repair or secure the building. So, we monitor it in such a wsy that at the end of the that 30, b0 or 90 days, we go back to the S property to make sure it's secured at that time. ~;'~ Commissioner Alonso: All right. Commissioner Plummer: On N.W. 3rd St., Just east of 4th Avenue, there is a burned out house that you couldn't put plywood, bricks, or anything. It is absolutely a safety hazard and that has been standing for over three months. Mr. Hector Lima: Commissioner Plummer, that particular propertq is 421 S.W. 3rd Street. We did request demolition of that propertq, but the requisition order did not carry through. It's... Commissioner Plummer: Sir, let me tell you something... Mr. Rodriguez: It's now - we're already give an order yesterday that we'd move with this right away. Commissioner Plummer: Sir, let me tell both of you something. That is an absolute - when I drove by there last night, there sere kids playing in it. That is more than 90 days. I'm telling you, if you're concerned, shy hasn't.... find out for me and report back to me what day the fire was. It's "' been over 90 days. And that house is an absolute invitation to a disaster. You cannot wait with that kind of a structure for any minimum housing board, code enforcement, or anything. That thing is ready to fall. Mr. Lima:. Commissioner Plummer, that particular property was handled through what's called a building official's notice. That's the minimum notice that we can give them. That was a 30 dap notice and we requested demolition of that property September @th. Commissioner: Sir, you cannot tell me that when something is in the midst of a neighborhood that is an absolute invitation to a disaster, you've got to wait aay days. That building is absolutely a... could you go take pictures of that and give them to the City Commission? . Ms. Fuentes: We will. Commissioner Plumn-er: Please. Ms. Fuentes: Thank you. Commissioner Plummer: I mean, it's ridiculous. AN ORDINANCE ENTITLBD- Mayor Suarez: So moved.. Do we have a second? not, please read the ordinance. Call the roll. AN ORDINANCE At+1SNDING SECTION 3771 OF TRB CODE OF TH8 CITY OF t~9IAMI, FLORIDA, AS AMENDED, ENTITLED "OPEN AND VACANT STRUCTORES," BY PROVIDING FOR ACC$PTABL8 MBTAODB OF SBCUItING AND SSALridG VACANT STRQCTURESp CONTAINING A R8P8ALSA PROVISION AND A SBVSRABILtTY CLAUS. Wee introduced by Cousaissio~ner Plumrser sad secoadad by Com~ai~aiaass~ Xurte and was passed oa its first reading by title by the follo~riag vQte~t ~i ~s~a~~~~ J-~ i$~~ ~J s _,, ,~.: ~s .~ A1tESs Commi,~sioner Victor De 'Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Magar Miller Dawkins Mayor Xavier L. Suarez NOBSs Nona. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were g~ailabie to the members of the Citq Commission and to the public. 17. FIRST READING ORDINANCES AMEND ORDINANCE 10619 - INCREASE APPROPRIATION TO SPFsCIAL REVENUE FUNDSs (a) "JTPA TITLE I/OLDER WORKER (FY'90)", AND (b) "JTPA TITLE IIA/NEIGHBORHOODS JOSS PROGRAM (FY'90)". Mayor Suarez: Item T0. Commissioner Plummer: Move it. Mayor Suarez: Moved. Appropriation JTPA title, older work FY'90 by $8,300. Moved. Do we have a second? Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call... read the ordinance. Call the roll. Commissioner Plummer: Mr. Mayor, for the record, Mr. Fernandez, aasushing that you've not signed this, that you are now in concurrence that this is approved as to form and correctness Mr. Fernandez: Yss, it is. Commissioner Plummer: Thank you. Mr. Fernandezz Yes. - AN ORDINANCB ENTITLED- ,, ..- AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 10619, ADOPTED JULY 21, 1989, BY INCREASING THE APPROPRIATION- TO THB SPECIAL REVENUE FUND ENTITLED "JTPA' TITLE- I/OLDER WORKER (FY'90)" BY $8,300, THEREBY INCREASING ~'` THE APPROPRIATION FOR SAID SPECIAL REVENUE FUND TO $18,6T5j ALSO INCREASING THS APPROPRIATION TO THE SPECIAL REVSNDE FUND ENTITLED "JTPA TITLE II/NEIGHBORHOODS JOBS PROGRAM (FY '90)" BY '$42,321, THEREBY INCREASING THS APPROPRIATION FOR SAID SPECIAL REYENUB FUND TO $366,834 FOR THS OPERATION OF T1iE _ ,` NEIGHBORHOODS`JOBS PROGRAM. _ '' ~~~ Was introduced by Cosr~nissioner Plummnar -.and seconded by ~ ~Commissios~er Alonso aad vas passed oa its first reading by title by the PoligMing votmt ~~ _ AYBSs Coarnissioaer Victor Ds Yurre _ Conuaissioner J. L. 1'ltuasnex, Jr. Commissioner Miriam Alonso Vice Vapor Miller Dawkins Mayor Xavier L, Suare:t Noxss None. AsS~17r: zone. _ :, ~,; l ~[ }~f ,~~~~ x.- 1 ~ ~h ' ~ ) ,~..x~iaia ~'>~cs'r.r. ~ . -- - - { The Citq Attorney read the ordinance into the public reoord and announced that copies were availablR to the members of the City Commission and to the public. 18. FIRST RBADING ORDINANCES AMEND ANNUAL APPROPRIATIONS ORDINANCE (10648) ,. FOR FY 3iNDING 58PTEMBfiR 30, 1990 - CRRATg NE~1 SECTION 2.1: "D$Bfi SfiRVIC$ FUND" FOR Tlffi l'URPOSfi OF FORMALIZING CITY COMMISSION ACTIONS AND IMPLRMENTING OTHER AMENDATORY CHANGES. fi Commissioner Plummer: Move item 11. Vice Mayor Dawkins: Any discussion? Call the roll. Commissioner Plummer: Read the ordinance. Vice Mayor Dawkins: Read the ordinance. Commissioner Plummer: Now, call the roll. AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING SECTIONS 1, 3, 4 AND 5 OF ORDINANCE N0. 10648, THE ANNUAL APPROPRIATIONS _ ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1990, ADOPTED SEPTEMBER 28, 1989, BY CREATING A NEW SECTION 2.1, DEBT SERVICE FUND, FOR THE PURPOSE OF FORMALIZING CITY COMMISSION ACTIONS AND IMPLEMENTING OTHER AMENDATORY CHANGES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced bq Commissioner Plummer and seconded by Commissioner De Yurre and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre = Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso - Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENTS None. The City Attorney read the ordinance into the public record sad announced that copies were available to the members of the City Commission aa~d to the public. Commissioner Plummer:.: For the record, Mr: City Attorney, nobody froea gout office. has signed. Chief Assistant Attorney approved the. form ahd correctness, nobody has signed 'and also Mr. Garcia has not 'signed.' ' Is~ Shia'' properly before us? Mr. Fernandez: Yes, it is, sir. ;. t- Commissioner Plummer: Why isn't it in proper form when we receives ~t7 Mr. Feraandezs BaGause we have tnesting deadlines to go' to publish for publication to get distributed on time. ,_ . ~` Commissioner Plummer: Thank you, sir. Mayor Saarew: OK... .~ ~~ `: ': ' ~ 1 ~ 19. GRANT FUNb1NG REQUEST RECEIVED FROM R$PRESENTATIVE3 OF THE HOLIDA'fC = FESTIVAL EVENT - COMMISSIONERS EACH PLEDGE TO GRANT $1,000 FROM TH8I1t DISCRETIONARY FUND - REFER TO CITY MANAGER. Mr. De Yurres Mr. Mayor, before we move on. - Mayor Suarez: Yes, Commissioner. -_ Mr. De Yurre: I have a Mr. Tony Descalzo here on Holiday Fiesta. You remember, this weekend we had a Holiday Fiesta event on Flagler Street between 10th and 12th Avenues with a parade . It was an al l day event from 11 s 00 in - the morning to 9:00 p. m. It was a great success, we got over 10,000 people attending the event. Last Thursday, Tony, along with Luis Sabines and other members of CAMACOL and the groups that were sponsoring this effort came by seeking assistance from us to the amount of $10,000. At that time, we weren't able to give them any economic assistance. However, they find themselves, - even though they tried to meet the coat incurred in this effort, that they're still in need of assistance, and I would move that we give them the amount of $5,000 which would cover the police and the sanitary pickup for the event. - Mayor Suarez: So moved. I remember the figure requested being $25,000. Mr. De Yurre: Or twenty-five. So, then, part of our... Commissioner Plummer: Well, you know, I've always been in favor of CAMACOL, but I don't think that we're going to accomplish anything if, in fact, we put - up a very strong stand and then they go ahead and do it and then come back begging. Is this CAMACOL that laid out the money? - Mr. Tony Deacalzos CAMACOL lay out the money, right. So we - in order to do the event, because we had the commitment with the orchestras and the bands and so forth. Commissioner Plummets Yes, but you see, Tony, that's not our fault. You wafted till the last minute to come here... Mr. Deacalzos Is true. ~: Commissioner Plumsners OK? Mr. Descalzo: Is true, but it was a success. The merchants in the area ,are very happy because we try... E Commissioner Plummer: That's not the point. That's not the point. This is after the fact you're asking us to do it. Mr. Deacalzos But, Cossunissioner Plummer, you know that the cost of the police is high. We have to pay $3,800. The coat of the waste.,. ` :~ Commissioner Plummer: Yes, but if we donate to this thing novr, the polico.is going to be from three to forty-five hundred because it's time and-a-half the minute the City participates. Mr. Deacalzos That's right. But we need... '' -'i Mayor Suarezs Probably sa-ot if - and I'm not. paying that I'm favora4~y.' `' disposed on this item, I just want procedurally want to say probably not if wa made a contribution to the agency in question, with the uaderstasading ghat - they would use. it for that purpose, since it's already happened and it was not` a City sponsored event as such. ` Coms~aissaioner Plusoener: Well, I'll tell you what I'm willing to do to try ~Q -_: b91d our stand. I'll go out, i~ each of us will go out, .and. i'].l a~sie~ a $1,000 one way Qr smother to pay and- ig sash cif us do. thak, xh~it'e ~5:44~. but Qvea that's a dangerous pxecsadont. .You kupw, I vpuld juu'~ t~$~ that Shia Coae#suissiom would Como up and take a strong at+asnd. That's when ~sri~m passed at the la.t meeting. ~, persoasaily, wild. vQluntee~r '~o ~~ti~-a- a: $~,AO0 to ~~lP ~ : '' o~~ee~ the e~cpaaaes~ then it'9 a~at pity invsa~VOAuph.t. b~ } ., a _ ar ~ :3 # -,~ - ~~k ... ., • • Mr. De Yurre: J. L., let me correct something so I have a clear understanding of what did last week. My understanding aas that we passed a motion reflecting our fund balance making sure that it meets certain requirements by a certain period of time. There was a discussion as to special appearances and people coming before us, but I don't think there was any motion taken saying that nobody can come before us and ask for assistance. Because I would not be in favor of that. There are things that happen throughout the yeah - that need our assistance, and I think economic assistance, and I certainly - would not be in a position to shut them out totally. Mayor Suarezs I think gou're correct on the formal action that we took. We did not take any formal action as to personal appearances... Commissioner Plummer: Well, I think it was also... Mayor Suarez: ...but it was sort of a consensus of the policy that we expressed that we would not be funding beyond what we've already funded and what's in the budget. That's the purpose of what we passed, I think. Commissioner Plummer: And that's why we have that account of $200,000 for just those kind of things. - Mayor Suarezs Right, but he is correct that - I don't think we have an ordinance or even a proposal to have an ordinance on the books as soon as it's finally voted upon, that prevents us from funding anything at the request of - people making personal appearances, although I don't recommend people making personal appearances before they do they event, and even less after they do _ the event, Tony, frankly. I mean, you did the event at your own risk as far = as I'm concerned. - Mr. De Yurres Well, they were committed really to do it. Commissioner Alonso: Yes, I'd like a comment and I'd like to make it with - that. The only way to control the expenses is if we limit the number of personal appearances. I do know that they came at a time that they were not - aware of the ordinsnce and the steps we were going to take, so they were not informed of the situation. Also, we have to send a strong message in the community that the only way by which we can control the precedent and be able to have a fund balance is if we control the personal appearances in front of the Commission. I think that the only way will be by sending a strong message - that we are not going to accept and give money to the people who come in personal appearance and don't go through the system and it is included in our _ budget so that we know exactly the amount of money that is going to be used and needed for these events that, by the way, are very, meritorious events and - they take place every year and should be part of our budget. - ,~.f- Mr. De Yurre: I understand, and talking about special appearances or personal appearances in general. It may not be part of our budget, there's no line - item that says, special appearances, and $3,000,000 for that. But, traditionally, we spend that kind of money. Now, we .can take a position saying we're going to be a lot more stricter in giving these funds in order to meet our minimum requirement of the $1,000,000 for the fund balance, but yet, there has to be some leeway that we won't give three million, we may give one ~t or whatever. Commissioner Plummer: Victor, that's what we got the $200,000 for. We've-.got an account. :5 Mr. De Yurre: No, but I'm talking about special appearances in general. They make AIDS group comes here and we got to give them $30,000. Commissioner Plummets Nat fpr a festival. ~ - Mr. Da Yurres No, ao, I'm talking about in general, I'w talking about epeci.al „' appearances in general, Commissioner plw~aer: Weil, hey, I still eay to you that I'll b~ more t~ happy to be acaouatabla Pox a $1,000 oP their debt, Mr. De Yurre: And I'l put up Prom my diacreti4nary Pumd, they'll het ~nothar thousand. ~'~f ;4:k' ~: ~ R L S ~ ~~~~~~~ R ~' ~ C ~~~. 1_ ~. ~ + ~:~M1 . '~'~ .Y ~i ;tY . • • - Comraisgioner Plummets (3K, the now, you know, here's my concr~rn and to be honest, Tonq, OK~ You've got that other festival coming up this weekend oho Duos here ~-hen you were here, and we turned them doom also, and their chances of deficit was even greater than yours. Now, you knoov, the old domino. I'll _ raise $1,000. Mr. bescalzo: May I say something, Commissioner Plummer? This other festival you're talking about ie organized with one single person. The festival that we talking about it was organized by six organizations like the.... Commissioner Plummer: Tony, you're talking against yourself. Mr. Descalto: ...may I finish, please? No, because this festival is _- organized by six organizations. Not only CAMACOL; Little Havana, the Kiwanis Miami Latin, the Jaycees, and Little Iiavana and they worked so hard. Commissioner Plummer: We understood all of that, Commissioner Dawkins: You're up to $3,000 now. J.L. 's coming up with one, he's coming up with one, I'm coming up with one. That's $3,000. Quit while you're... I mean, I don't know where else you're going. Mayor Suarez: OK, I guess I'll come up with an extra one thousand and... Commissioner Dawkins: That's four, you're up to four. Mayor Suarez: ...I would leave... _ Commissioner Alonso: And you have the one thousand from me too. - Mayor Suarez: So you got your five. Commissioner Dawkins: But, like they said... Mayor Suarez: Don't anybody think that this is going to happen again.. Commissioner Alonso: And, of course... Commissioner Dawkins: And we go along becaus~a Commissioner Alonso said, you did. not know the procedure, so, therefore, we feel sort of obligated.. But - then everybody else know the procedure from now on. Commissioner Alonso: Right. Commissioner Flummar: Mr. Manager, so that we don't gat them into time and a ~~`'~ half, do we make those checks payable to who? As individuals? -is that what it is? Mr. Descalzo: It's payable to the Citp.... ~' Mayor Suarez: Wait, wait, you're not the Manager yet, Tony.. ~ `+ ;, ~ ~ Mr. Sergio Rodriguez: We will contact your office and let you knovr how to do it . Commissioner Plummer: Sergio will contact you about a check for a thotieaad dollars. ~ . ~.Y Mayor Suarez: OK... ~: Mr. Descals~ot Thank you.. T. Commiapioaer Pius~muer: Goodbye. ~ `d . _ ~ ~~~ . ;, Lri~Jaiiir.iiiiiaai~ri-.~Yia.r.i.iwriiw.iY"r ifril~~.a~~iaira..Yiriiw.~i.+~ifr aL.~~~ir~~~.r~~i-+.w ~~i.iii+~.~ye.~.~~Yi~iY~i~+wriiLli~ - 20. (A) APPOINT' AND ItgAPPOINT MEMBRRS TO BOARD OF TRUSTH85 OF CITY 0~' MIAMI GBNSRAL HNlPLOYBHS' AND SANITATION SMPLOYBSS' RSTIR _ TRUST (Appointed were: Theresa Pollock and Ronald Thompking; one appointment pending). ($) Dl~FBR THIRD APPOINTMENT UNTIL RF~COMMBNDATION OF A LATIN NnMINR (See labels 30 and 34). Vice Mayor Dawkins: We have representative... Mayor Suarez: Ron Silver. Vice Mayor Dawkins: No, Representative - where is...? Mayor Suarez: Are you talking about Ron Silver? Vice Mayor Dawkins: Yes. Yes, Ron, where's Ron Silver, Ron Silver has an item he wants to get out, Mr. Mayor. Commissioner Plummers You mean the fat cat? Vice Mayor Dawkins: Yes, the guy who's wait - yes, the guy who... what's your item, sir? . Commissioner Plummer: The guy that tells us no in Tallahassee. - Mr. Ron Silver: Well, only you, Commissioner Plummer. The other members of the Commission I say yes to. - Commissioner Plummer: Yes. That's all right. Mr. Silver: I seed four votes today. Commissioner Plummer: Just wait till you get to the senate. Rep. Silver: It's item 16, Mr. Mayor and members of the Commission. _ Vice Mayor Dawkinss Item 16? Rep. Silvers Yes. Commissioner Plummer: Who are the names? - ~.~.; - Rep. Silver: Why don't you introduce.... Vice Mayor Dawkins: They're in your package. - Commissioner Plummer: Who are the names? Commissioner Alonso: Theresa Pollock. Vice Mayor. Dawkins: Theresa Pollock and... Mr. Frank Chilmewski: Yes, my name is Frank Chilm-ev~ski, I'm the administrator -- for the. G8S8 Plan and two reappointments are Theresa Pt:llock and Ron' Tho~npk ins . - Commissioner Plummsz: Move it. Vice Mayor Dawkinss is there a second? Commissioner Aloasos Second. -` ;~ Vice Mlayor Dawkins: Any further discussion? Cell the doll. - :' -~ ~, :~-, ~e :~: ~ L~. Y ~ I ~ - 1 ~. 1 1 1 f ~ ~ _ • ~ The folio ring resolution was introduced by Cotmnisaioner Piumrnar, ivho moved its sdo~ption: RESOLUTION N0. 89-1116 A RESOLUTION APPOINTING AND REAPPOINTING MEM$BRS TO THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST AS PROVIDED FOR $Y CITY OF MIAMI ORDINANCE NO. 10002, APPEARING IN THE CITY CODE AS SECTION 40-227 FOR A SPECIFIED TERM OF OFFICE. (ldotes Theresa Pollock and Ronald Thompkins were nominated by Commissioner Dawkins. Pending is one appointment to be made from a list to be submitted by the AFSME local 1907.) (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 NOESs None. ASSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Dawkins: Didn't the Fire Department have one s3o they can get out of here? Mr. Silver: We got one more, don't we? Mr. Chilmewski: We-got one more which is a new appointment which is a replacement for Simon Ferro who had resigned. And you have a list of the... Vice Mayor Dawkinss OK, what item is that? Mr. Silvers Is that part of 16? r3: f ~. Mr. Chilmewski: It's part of 16. Vice Mayor Dawkins: Part of 16? Mr. Rodriguez: Sixteen. Mr. Chilmewskiz Yes. :~ Mayor Suarez: OK, who's the person recommended? Is it a reappointment? = Mr. Chilmewskis Jay Cohen is the person recommended. _ ., -. '_, Commissioner Plummers What? Mr. 3ilvsr: That's not a reappointment. We 3ust did the two reappointments, Mr. Mayor, and this third one is a new appointment replacing Mr. Ferro.. Commissioner Piumsners I'll nominate A.G. ShermaA. ,; _~, Commissioner De Yurres Let sne ask you this, know maay minoritios.do-va=~uvs om. this? $ecause I ,~~ist see six names gird none sound. too miaority oriented. ~`" Well?- . -' fir. Chilmewskii I guess there's no minoriti~ea izr,,, ~` ,,, sComs~lea~.Qms~r Ae Yurre~ ~Ta~ne. r. t: t -~ ~8 ~e9~omb+s~ ~~ i4~~ 1', ~, - .. ~, ._ _ ,~ .- u~ ~- r. _... _.. __ _ _ _.. ; k. -ti -:~~ .. Mr. Silvers there's not? Woman aren't minorities? Commissioner De Yurres I'm talking about Hispanic, Black, that kind of thing ~ that kind of minority. Mr. Silvers We have, Mr. Commissioner, eve have two Black members on the board alreadq, nine member board, who represent the sanitation employees. Commissioner De Yurres OK. Mr. Silvers We have Mr. T. Willard Fair, who is the chairman of the board, who is an appointment. Commissioner De Yurre: OK. Mr. Silvers And he is on the board. So that's three of their... Commissioner De Yurre: OK. Mr. Silvers ...and I'm trying to remember the other... there's four blacks, actually, on the board. Commissioner De Yurres How many Gonzalez' do you have there? Mr. Silvers How many Latin members do we have on the board? INAUDIBLE COZIl~IENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Silvers N.a. Are there any? Are there any? Commission Plummer: There's no - I don't see any Latins on this list. Commissioner De Yurre: I think it's time to get one in there. Commissioner Plummers Huh? Commissioner De Yurre: Especially when oae is leavings the only oae. Yea. Mayor Suarez:- Charlie's going to tell us that he has Hispanic background way, way back, right? Mr. Charlie Coxs Mp wife's Latin. My name's Charlie Cox, I'm the president of AFSME local 1907. ~; Mayor Suarez: What part of Spain was your family from, Charlie? Mr. Cox: No, the problem with the seat, it's a seat that basically you havo a - hard time fillins. - _ Commissioner De Yurre: What are the requirements? - Mr. Coxs I met with Frank before. We came up with a list and I was not aware that I had to submit five names to the Commission. '' Commissioner De Yurre: But what are the requirements that makes it;so-tough!°' Mr. Coxc We11, 8rank would have liked -to have somebody with •n ecsas~omia or-a ` f inaacial background. ° - Commissioner De Yurre: OK. Mr. Cox: Aad this guy, Jay Cohea, has a financial background. _ 'He's a~.ess as _ attorney. It's .more like a.., `~ Conuaissioner Ds Yurre: Ia as attorney a requirement? Befog an ~txorney? ` ` _~ `' Cc~raaeieoer R~usmaers hod forbid. ,. s }.~ '_~ fir,- hex: No. <t= . 4R!1~~~~1MAFSR~~~' ~~ ~~F ~TF ~.Q t ;. : T^r_• i.' ~ i l vY. ~.`. y v. ~ f ~ i 1 ~F 1% ~ " r 5:t " ~ ~ -. _ 1 _ i ft -'-r ~c Fr;. _ _ _ -! Mr. Coxs I mean, we're looking out for the best interest of the pension plan. = flasically, the other names are just somebody I put together because I didn't know anyone vise with a financial backg>ound. Commissioner De Yurre: Mr. Ferro had an economic and financial background? Mr. Coy: tree don't have a lot of interest... Commissioner De Yurres Mr. Ferro has an economic and financial backgroundfi Commissioner Plummer: When it cornea to Republicans. Mr. Cox: Well, he was not my appointment. I mean, he was there before I was. - Commissioner De Yurre: I'd like to see an Hispanic there. Vice Mayor Dawkins: A.G. Sherman has no... - Mr. Cox: The problem with that is, we don't have any Hispanics that are = really interested in the pension, to tell you the honest truth. I have a hard - enough time getting anybody there as a liaison. I mean, it's time consuming... J Commissioner Alonso: Are you telling me there are no Hispanics interested in this? I can't believe that. Mr. Cax: The City has appointments too. all of this. I mean, I can't take the blunt of Mayor Suarez: How many... how many...? Commissioner De Yurre: No, I'm not saying. I'm just saying that I'd like to have somebody in there that, you know, whose last name ends in a z. Mr. Cox: finds in a z? Commissioner Plummer: The City has one appointment, Charlie? Commissioner De Yurre: Z. Fernandez, Gonzalez, Jimenez... Commissioner Aloaso: Diaz. Mayor Suarez: De Yurre. Commissioner De Yurre: De Yurre's... Mayor Suarez: De Yurrez, Siiverz. FSy, Mr. Cox: Plata, Plata... Commissioner De Yurres Suarez.... - Mayor Suarez: Really, you know, Charlie, seriously, we've talked about this, _ maybe. not with your board of trustees with the police sad firefighters I talked to them about their trustees on their pension plans and they:haveverp little minority representation. Now, I think one of the two has mode.-more: - strides. I believe police, but I'm not sure if that's the case as opposed to _ the fire department, and here's general employees,.. What ,;did you dexexa-ia _; the breakdown to be? Are there any blacks on the...? ~, Consaissioner De Yurres There are four blanks,.I believe. - Mr. Silvers: Thera are four blacks an the board. Mayor Suarezi Out of how many? Coimnissioaer De Yurres Nine, :~; - Coauaissioner P7.ummer: Nine. '_ ~, Mayor ~waxe~: ~d ao Nis.pa~-ic~s? `_ r.. -y~ }~~, _ ~ ~.; _= ,_F:.: r ....r ~_ _ _,~_.'_ Cor~tiss inner De 1Curre : No Hispanics . Mr. Siiverat Roae Ciordon's on the boasd. Com~nissianer De 'turret Is she Hispanic? ~° P. Mayor Suarez: And Sin-an ass Hispanic and he's leaving the board. Mr. Silverss Right, Simon Ferro. Commissioner De Yurre: We need to get one in there. Mr. Silver: Is Wally Lee Hispanic? Commissioner De Yurre: We got to find names. Mayor Suarez: I have a feeling that all you'd have to... Mr. Silvers: Wally Lee is on the board. He's Hispanic, isn't he? Cotnraissioner De Yurre s Who? Mr. Silvers: Is Wally Lee Hispanic? Mayor Suarezs He claims to be. He claims to be. Commissioner De Yurres He doesn't look Hispanic, I'll tell you that much. Mayor Suarez: There he is, complete with red hair, hailing from San Juan, Puerto Rico. Stand up, Wally, so they know you are Hispanic, right? You have that .sad look on your face, Ran, it's... .Well, what do you want to do with , this, Commissioner? Do you want to dust delay until they can look around a little bit morel Commissioner De Yurre: You know, I can think of somebody that's very community oriented and is an economist background and, you know, a person like a Manolo Reyes, he might want to da this type of service. That's a suggested. mamas out of six or seven hundred thousand Hispanics that -we have in Dade County. Mayor Suarez: That's, of course, Manolo Reyes at the hospital, not the Manola Rsyes who was running for Commlisaion. Commissioner Plummer: I don't think we're bound by their recommendation. ~:' ~' Commissioner De Yurre: Yes, no, the one that was running. So, you know, that's - I'm dust throwing out-that name. . Gommiasioner Plumaer: This was supposed to be a non controversial item. --Can. we defer this and come back with a Latin name? Commissioner De Yurre: I think that would be... for the next meeting, for tt~e 14th. . ;; : ~, . - Caomissioner Plutmaeert Obviously, that's the only way' you're- go ng ~ to ~ gat three votes. ,,, Mayor Suarezs Maybe eves this afternoon. Charlie, don't get too`dasperate, ,~ there•aa ml.l lion of t hem out there in Dade County. ,~. -:, Comnisaiones De Yurre: They're comimg daily, ~. -k;~ ,.~. Q~T~D~TIhIBD SEBAI(BR: Thank you. ~;~;~. _, _~ ~, - ., . . . .. ,. .. j; m ~" ~''. ~ _ ~ , r f r ~, t -r - I .~ t' - .. .. ~ :fit e . a ,. ~, i ~~ ~ ~~f 4 .... 21. APPOII~IT ALTERNATR MEMBERS TO THS INT$RNATIONAL TRAbE BOARD. (NOTE: Appointed were: Kishar M. Parekh and Fernando Penabaz; 3 appointments still pending.) Mayor Suarez: OK, item 1'7 - no, I'm sorry, going back to item 12. Commissioner Dawkins: Item twelve. Mayor Suarez: International Trade Board. How are we going to make ad3ustments here so Commissioner Alonso can get some nominees appointed? How many do we have and how many are supposed to... Commissioner Plummer: This is only for alternate members, right? Mr. Sergio Rodriguez: Right, you have five possibilities over here and the Mayor and each Commissioner has a nomination of one. Commissioner Plummers This is alternate, not the actual members. How many members on that board total? Mr. Radriguezs I don't know. One second. Commissioner Plummer: Seemed like to me it was an unwieldy number at best; eighteen? Mr. Rodriguez: I'm sorry, I don't know. I don't have the information. Mayor Suarez: What's the story now? Am I being told that I have an appointment? -is that what you're saying? Commissioner Plummers ...International Trade Board. =- Commissioner Dawkins: Everybody got one. Mr. Rodriguezs There are five appointments to be made by you. Mayor Suarezs Oh, this is Just five alternates that each one would get one. OK. Mr. Rodriguezs Each of you has an appointment. Mayor Suarez: OK. Well, I do have then a nomination for mine and I'sn going to try to pronounce his name correctly. His assns is Kishor Parekh and he is _ someone involved in the company that is oomed or managed by Howard. Gary end he's recommended by someone on the board itself. Apparently, he's very involved. in international matters. Commissioner Plusnaners I'll hold my appointment until the next. meeting., Commissioner Alonsos Aad mine, I'd like to suggest Dr. Fernando Penabaz. Mayor Suarezs Fernando Penabaz is nominated along with my appointment. Angthing further from the Comanissioners? If not, we'll entertain those two as a saotion,.please, someone. Comsnissioaer Plumtaer: Move it. ~: tlayor Suarez: Moved. ,. .., ,' ,: `. Coma-issioaer Dawkins: Second.: ~- Mayor Suarezs Seconded. Any discussion? Call the rail. And the other oaeo,.. can the other ones be submitted is writing as part of thin motion? Com;nissioaer Dawkins: 1'11 accept that amendment. .. Mr. Jorge Fernandes: it shou~.d be, raall9, upon the. votes Qf the C3.ty . ; ;.- C+-~~a~ idA. 'f 2 3?g+at~m~elr 1, ~~~~ :, :~- ;, s,~~ , r H ,., _ ~.. - } . ~ __: _ Magog Suarert: ale need a boice gate on it? We need a voice vote on them, you can't... Mr+ Fernandez: Yes. Mayor Suarez: All right, well, we'll hold the other ones until we get the nominations from the Commissioners. Cali the roll. The following resolution was introduced bq Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-1117 A RESOLUTION APPOINTING ALTERNATE MBMBSRS TO THB INTERNATIONAL TRADE BOARD, i~ITH TERMS OF OFFICB - EXPIRING ON JUNE 30, 1990. (Note: Mr. Kishnor Parekh was nominated by Mayor _ Suarez. Dr. Fernandeo Penabaz was nominated by Commissioner Aloneo. -_ Still pending are appointments by Commissioners Dawkins, De Yurre and Plummer.) (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 urea passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Commissioner Victor De Yurre Mayor Xavier L. Suarez NOBSs None. ABSENT: Nose. 22. COMMISSIONER J. L. PLUMMER REQUESTS CITY ATTORNEY TO RESEARCH THE LEGAL NEED FOR AN INDIVIDUAL ROLL CALL VOTE ON EACH ITEM. ,~ N :f; Cosmr-issioner Plummer: Mr. Mayor, let me ask the City Attorney a question. Mr. Jorge Fernandezs Yes, sir. Commissioaer Plummer: Mr. City Attorney, is watching. the County Commission oa-; cable,' why are we prohibited from not having, on unanimous votes, just~a' unanimous vote? Mayor Suarez: Can me dust reflect...? C~mnisstoaer Piumaners •Is.thera something in oui abetter that re... --, ~ Mayot Suarezs Yes, whea a consensus is that i.t's going to be unan~.mous,~~caa't ae just reflect a unanimous vote? Cosnmissioa~r Plummer: Is there anything in our charter that says we've gpt to have a roll call? It would sure be a hell of a lot quicker umlvsp someoa~ -~ ' call far a, you know, a voice vote, to let it go u~-animous sad ~rs-' 11 :~t*ve s lot of tisae. !layor Suarezs Absolutely. Y:i - .. Yi~e May~t n:awkias: Because then J. 1.. won't hav+a to pbils~soph~.re. , ~~ ~ ~o~i~s~o~er Plwnmer: Watch y~aur laa~u~~e. _, Y . ~ _ _ - -_ t; -_ yN'kt - . . . _.. h _, ..a . . . ~ .. '~ t Mr. Fernandezt: We're looking at our charter right note, but my recollection is that we need to have a yes or a no on every vote that's to be cast by charter. Commissioner Plummer: Well, you know, a unanimous saga yes or unanimous saps no. If it's a voice vote, then everybody orould be recorded. Please look it up. I 3ust think it's a tvay of saving time. DISCUSSION 23. CONFIRM SBLBCTION OF INDIVIDUAL TO AFFIRMATIVE ACTION ADVISORY BOARD. (Note: Confirmed was: Virgil Fernandez.) Mayor Suarez: OK, item 13, confirming selection of an individual by certain - bargaining representatives as a member of the City of Miami Affirmative Action Advisory Board. Wha is that person? Mr. Sergio Rodriguez: The person that have been recommended is Mr. Fernandez _ by the AIFF. Mayor Suarez: Well, that narrows it down. Commissioner Plummer: Which Fernandez? Mr. Rodriguez: One second. _ Ms. Hattie Daniels: Is this the item regarding the affirmative action? Mr. Rodriguez: Right. Commissioner Plummer: Who is the recommended Fernandez? Mr. Rodriguez: Virgil Fernandez. Ma. Daniels: Virgil Fernandez. Commissioner Plummer: Virgil? Ms. Daniels: Yea. Commissioner Plummer: And what does he do? ~:; ":: Ms. Danielaz A firefighter representing the International Association of Firefighters. Commissioner Plummer: And it's appropriate that a firefighter should be on the board? Ma. Daniels: Yes, Commissioner Plummer. There are .four union representatives. This is traditional, one from each union. Commissioner Plummer: Then, if that's the case, I so move. Vice Mayor Dawkins: Second. ~~ ~ ~ " ~: .. .. The following resolution aan introduced bq Com:niesioner F'iumt~er, Mho moved its adoption: RESOLUTION NO. 89-1118 A RESOLUTION CONFIRMING THE SELECTION OF AN INDIVIDUAL BY CERTAIN $ARGAININa RE1'RESffiITATIVES OF CITY EMPLOYEES AND RECO(3NIEING SAID INDIVIDUAL AS A MEMBER OF' THE CITY Oi~ MIAMI AFFIttMATIVE ACTION ADVISORY BOARD. (Note: Virgil Fernandez is the confirmed nominee to the above board.) (Here follows body of resolution, omittefl here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was pasceed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarezs Kickasolas, is that correct, Lou? Mr. Lou Kickasolas: Yes, sir. Mayor Suarez: I started off wrong, that's why I didn't want to continue, I started with C-A... Ms. Daaiels: We have a letter, Mayor, from the union. Mayor Suarez: Yes. Vice Mayor Dawkins: I have the letter. Mayor Suarez: OK, which one? The Health Facilities Authority? Is that the one you...? Mr. Rodriguez: No, no... ;. Ms. Danielas No, I'm sorry, I'm still speaking about Mr. Fernandez. __ 24. APPOINT INDIVIDUALS TO HEALTH FACILITIES AUTHORITY. (NOT$j Reappointed:. was-Charles Beberf appoint was Rev. Ronald Peters.) Mayor Suarez: All right, OK, fourteen. Health Facilitisxa.Authority,:'two ` .individuals, How do we usually do these? Commissioner Plummer: I'll reappoint mp nominee. - Vita Mayor Dawkins: And I'll appoint Rev. Ron Petsrs of 43Q4 N. W,. 1,2tb ,F '~~:': Avsaus, -~: _ ,:. -y_' K,ayor Suarez: Those are the two that era pendiag by the two Coaoe:i~a~ionasra is question? _.~ ~. Sergio Rodriguen: Right. ~ s ;.. :... _,,:. Comm~eaiQaer Plun~o€; Yee. y "F ~° Maps Suases~ ge n-oved, - 9~- ;. ~, ~ ~.- n;;. ~ ~~~ . ,;~ ~.. Camrniasiot~~r Plummer: Second. Mayor Suarez: Cali the roll. ~.,. ._ _, The following resolution urea introduced by Commissioner Plummer, who moved its adoptions RESOLUTION N0. 89-1119 A RB90LUTION APPOINTING TWO INDIVIDUALS AS MTsMBER3 OF THB CITY OF MIAMI, FLORIDA, HEALTH FACILITIES AUTHORITY. (Notes Mr. Charles Reber was renominated by Commissioner Plunrner. Rev. Ronald Peters was nominated by Vice Mayor Dawkins.) (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: AYESs Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez 25. APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE OFFICB OF PROFESSIONAL COMPLIANCE (OPC) ADVISORY PANEL. (Appointed vrere: Timothy Barket, Gerald Darling, Willis Starks, Jackie Bell and Manolo Minagorri.) (See label 27). ~ ' Mayor Suarezs Item 15, Office of Professional Compliance Advisory Panel. I _ believe wa have here the numerical issue of how many police officers are found on: that board, so we have to be... _ -, Coauaissioner P1 And h f i i ? ~~< ummer. eac o us are appo nt ng two -~ Mr. Sergio Rodriguezs Saeh.one of .you appointing two. ~ .. . Mayor Suarez: Bach owe is two and vre've wet a minimwn.. . Mr. Rodriguez: A' maximum... - - - . - Mayox Suarez: A maximwa of three.`. ~ .. ; <T , ~;: _~.'; Mr. Rodriguez: Of three be sworn officers. - ~~~ ;, . .. _ .. , Coamaisoiones Pia~xaer: I'il start it off. My appointee ~. goat the ol,vlian'side _~' ` is Timothy Barket. , x took him off the other board and any no~ninaticn fr+c~n Abe ~ ~ ' #worn personnel is Gerald Greea. ;=; C4namisnion4r Dxakiaso L have t3exmid Da3ing from the s+tora Oft~.o~~'i~ , ghat's yoar same Reverend? What's your same? ~'~ . kiayo~ Suaxen: Is it atii Wiiie? -~~ . . , ,, - : 4 ~ '.. '~3 _ IFY~R~~~~~rofl~4. Y~~~~~• ~e M, ~~~ ~~i l~~~~! ~.• ~ ~ ~~ 1_ ' _~~ ,. - ~' "` ~g~~~:~ $ua~'~-~c: ttnver+~nd Sterk. , `~ 5k~ q f~ - ~~ ~ - ~~ ~4. ~ -_ .... . _ Com~isaicner bawkitts: ..sand Reverend Willie Starks. Those are my tMo appointees. Mayor Suarez: OIt. Cotmr,iiesioner Alonsot And I'd like to hold my nominations. Mayor Suarea: Ott. Have we prescribed a residency in the City? Commissioner Alonso: Yea. Commissioner Plummer: Far the sworn officers? Mayor Suarez: Good question. Have we prescribed residency in the City for all or just those who are not sworn officers? Mr. Rodriguez: Hach appointed... Mayor Suarez: I guess it's difficult enough to find sworn officers. Is that what you're implying, J. L.? Commissioner Plummer: No, no, no. It is, but it isn't. Mayor Suarez: For the board, I mean. Commissioner Alonso: Yes, must be... Commissioner Plummer: You know, I thick that the civilian members should definitely be members of the City -residents of the City. Mayor Suarez: I guess what the argument would be that any sworn officer has enough contact and enough knowledge of the City that that would satisfy any concern about them not knowing the City or so on. Is that your argument? Makes sense to me. Commissioner Plummer: That's fine with me, Mr. Mayor. Mayor Suarez: That sounds good to me. Are we going afoul of our ordinance, Mr. City Attorney or are we OK if we interpret it that way? That the - requirement of City residency would not (Tape 6) apply to the sworn police - officers? Mr. Jorge Fernandez: Ida not .recall, right now, what that ordinance reads. I don't have it in front of me I'm so =~ - rry' ~;;- ~ Commission®r Plummer: No, if it's a problem, bring it back. If it needs be,- - we catt` change it. Mr. Fernandez: I do not believe that there is a residency requirement in the . OPC ordinance, but then again, I have to read to make sure. Mayor Suarezs OK. Far one of my appointments, I... Mr. Feraaades: Yes, the appointed member shall be qualified electors o~ that City of Miami. I take my statement back. So everyone that's appointed ts~t "~ = bs an elector of the City of Miami. That maane be a ponce off icsr or geAeral members of the public. - - ; Mayor Suares: One of my appointments, I'li ao~ainate Jackie ~Bs11.` I . understand that you are Ynterested... ~. Com+nisainner Deakins: No, she... - ' Hayor 3uares: Do you live in the City, Jackie, soil? ~' _ " Commissic-aer Dawkins: ~To, out there with the 13amieole Iadi+eas... ~. ~~{ ~l+~yc-r Su+~re~c: with the Sem~.aole IAdiaAS. , . i~d far the other, ~'s~ ~e~~ tc~ ;~ $= t:. nomiaat~ at this pint M+anal~ aia+~gorr~, or ~~a orri, sisQ P , +~ gw~lified el~~tQr~ ,. Q~ the City, t)IC, with three ao4alm+atioas, I"'il ~e~t+sFtd~a +~ mot~t+n std .~ ;. - " ~,; i " ~ ~Q~i~~#F ~ t a ~ i~ ~ J~ -~ ;a . s #a -s ~ - ~r ,. - - Y x. <- '~ - ~ „r~ k ,~ sr ~ .-. .. , , ,.. ; -- ~,~ - -- c _ , _ Commiaaioher f~lumtfler: ~1e11, wait ~ minute, then have I got a problem because Gergid Green, my appointee, does not live in the City. Mr. Fernande~a files, qou have a problem. -' Commissioner Pluimner: All right, then I'll withhold mine as to the scorn ~ officer. I'il submit it... wail, let's change it then. It takes up so damn much time. Ia there a motion? I mean, Commissioner Dawkins, I'll move that the names submitted that comply with the ordinance be approved. Commissioner Dawkins: Second. ~. _ Mr. Fernandez: I need a point of clarification. Are both of your... - Commissioner Dawkins: Under discussion. Mr. Fernandez: Are both of your appointments, Vice Mayor, residents of the City of Miami? qualified electors? Commissioner Dawkins: If they're not, then I will change them. If they are, - then I will not touch them. Mr. Fernandez: All right. Commissioner Plummer: I know that my one civilian is a resident of the City and I'll have to get a sworn officer who lives in the City. _ Commissioner Dawkins: I mean, I have a bit of difficulty with it. If he's good enough to work in the City without living in it, I don't see why he can't f serve on the board without living in it, but that's not my rule. 4 Mr. Fernandez: And that can be done by amending the ordinance. -t _{ Commissioner Dawkins: No, no, no, no, let's don't amend anythi,rxg. Please. = Commissioner Plummer: I move those names that comply that have been offered -_ be adopted. Commissioner Dawkins: Is there a second? _, Commissioner De Yurre: Second. _;. Commissioner Dawkins: Moved and seconded. Any further discussion? Call the roll, please. ~: The following motion was introduced by Commissioner Plummer, who moved ~` ' its adopt ion: -~; --i MOTION N0. 89-1120 -j A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO THE ~ OFFICE OF PROFESSIONAL COMPLIANCE ADVISORY PANEL: -~ JACKIE BELL AND MANOLO MINAGORRI (nominated by Mayor _~ Suarez) TIMOTHY BARKST (nominated by Corrsaissioner Plummer) GERALD DARLAND AND WILLIE STARKS (nominated by -', Commissioner Dawkins) ~ ~ AYES: Cotdmiasioner J. ~. Plutmnar, Jr. Commisaiottar Miriam Aionso 'Vice Mayor Miller ba~-kins Ctm~tiseioner Victor De Yurrs Mayor Xavier L. Suarez NO$S: None. ABSENT: bone. 26. APPOINT MEM$ERS TO THDs PRIVATE INDUSTRY COUNCIL (PIC). (NOTR: Appointed Peres Maria Cristina Palacios, Dr. Roosevelt Thomas, 81mer Leyva, Melvin (Skip) Chaves and Josefina $onet Habif.) Comroissianer Dawkins: Seventeen. Mayor Suarez: Private Industrq Council. Commissioner Dawkins: J. L. Plummer nominated Mrs. Whatshername? -Maria... Mr. Sergio Rodriguez: ...Christina Palacios. Commissioner Plummers Right. Commissioner Dawkins: Christina, and she was not on the roll. Is she on there now? Commissioner Plummer: Yes. Well, until June the 30th... Mr. Rodriguez: Of 1990. Mr. Jorge Fernandez: Mr. Mayer... Commissioner Plummer: What are we nominating? These tense don't expire that I see here until the earliest, June of '90. Ms. Francena Brookss The people that are listed here are - would be in those terms if you reappoint them. In addition to aggointing Ms. Palacios. Commissioner Plum~aerz Well, can I tell you something? Ms. Brooks: Yes. Commissioner Plummer: Nobody ever informed her from the. City that-,she wag aPPointed. __ ; Ms. Brookss Is that right? She should have been informed. Commissioner Plummerz It would seem that way, wouldn't it? Ms. Brookss Yes. The other reappointments are pending. Commissioner Plummer: What other ones? Ms. Brooks: No, the other persons you mentioned that these terms expire off. '40, but they still need to be reappointed. Commissioner Pluma:er: Weil, there's two hers of '90 and three o~ '9~. - Mr. Brooks: Right. G~aaissi+~aer Plwnmer: Sa, what era you expecting us to do, to gust xea~f irm `" - these? ~~. BrQOka: pr to appoiht someone else. ~ °,_ Coasaiasioz~ex l'iwm-e~: I~ aobodp has anpbody apse to a#~pQ~~t, I,'ll Joo~ ~~~ ;`_ ~aitffi~al, ~oeke a saot~o~a to ePfi~a t#e$e S+~mova:, -~~ i i Mr. fle ~turre: Second. Commissioner Dawkins: Anq further discussion? Cali the roll, Madam Clerk. The following resolution wad introduced by Commissioner Plummer, pho moved its adoptions RESOLUTION N0. 89-1121 A RESOLUTION APPOINTING TWO MEMBERS TO THE PRIVATE INDUSTRY COUNCIL (PIC) OF' SOUTH FLORIDA FOR TERMS TO EXPIRE JUNE 30, 1990, AND FURTHER APPOINTING THREE MEMBERS TO THE PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA FOR TERMS TO EXPIRE JUNE 30, 1991. (Note: Maria Cristina Pallacias (Private Sector seat.) Dr. Roosevelt Thomas (Education seat) Melvin (Skip) Chaves (Community Based Organization seat.) Josefina Bonet Habif (Community Based Organization seat.) (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Commissioner Victor De Yurre Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. - ABSENT: None. 27. CLARIFICATION BY CITY ATTORNEY CONCERNING CHANGE IN EXPIRATION DATE OF TERMS OF APPOINTMENT TO PRIVATE INDUSTRY COUNCIL (PIC) (See label 25). J' °_ Mr. Jorge Fernandez: Mr. Mayor, 3ust a point of clarification. Back in item 15, when we were talking about the Office of Professional Compliance.. The resolution that appears in front of you had a date of when the terms would expire of November 17, 1991 and that was because it was this item was prepared _ to appear in front of .you at that time. Logically,-now, we should make the - expiration of the term on December 6th, 1991, so that's 3ust a correction for - the record that the item that you voted on has... Mayor Suarez: Very good, thank you, Mr. City Attorney. r ~ ....~~_.-~_.....Y.._......_~._~r.....~.~_~.._~..._....~_~.~_~.-_--.~~.__..~._---___.~-__....~.__~__.~_..-.:.~..~ 28. APt'OINT tNDIVIDIJALS ~0 ~ 18-MgMBBR CtTYWIDB COMMUNITY D$VELOPMEN'r AIIVISORY BOARD. (NOZ'R: Appointed wares Mariana Cruz [AllapattehJ, P'rankie Rolle [Coconut Grovej, Gloria Rosello [Little Havana], Lottie Nines [Model Cityj, Fred Santiago [Wynwood), Andrew Rosenblatt and Marguerite Shearin. (NOTE: Pending still are appointments to be made for Downtown, EdisonJLittle River or Overtown, as well as in Groups It, ,III, IV ~ V.) Mayor Suarezs Which one are me on? Vice Mayor Dawkins: Seventeen. Commissioner Plummer: We're up to what? -18? Vice Mayor Dawkinss Eighteen now. Mayor Suarez: Citywide Community Development Advisory Board. Now,- the procedure here is haw many are appointed by the Commission as a whole and how many are elected by neighborhoods. How does that work, Frank? Mr. Frank Castaneda: Each Commissioner has two appointments. In addition, we are bringing to you 8 recommendations from the target areas even though I don't have a recommendation right now for three of those target areas. We will be having meetings in each of those target areas on Monday. Let me read to you what the recommendations are. In Allapattah, Mariano Cruz unanimously received 72 votes. In Coconut Grove, Frankie Rolle received six votes. In downtown, no one showed up and we are having another meeting Monday, December 11 at 6:00 p.m. in the City administration building. In Edison-Little River, no one showed up again and Monday we're having another meeting on December the 11th at 7:00 p.m. at Miami-Edison and Little Havana there were eleven .votes; nine-for Gloria Rosello and two for Thomas Sorrel. Commissioner Plummer: Gloria who? Mr. Castaaeda: Rosello. Vice Mayor Dawkins:. Where does she come from? Commissioner Plummer: That's a conflict of interest. Mr. Castaneda: In Model City, there mere two. votes for. Louie Hines. In Overtown, there were no one showed up and we're having.. another meeting on December 11 at 6:00 p.m. at the Calmer Center. And in the Wynwood area, it was a unanimous vot®, 42 votes, for Fred Santiago. -; Mayor Suarez: What happened in Allapattah? Don't tell me Mariano Cruz got all the votes again. i. ~` Commissioner Plummer: Yes. [ _ Mr. Castaneda: He did. He got 72 votes. ~ ~: Commissioner Plummer: He volunteered. 6 _.._ Mr. Rodriguezs Unanimous. Mayor Suarez: I think we ought to send this directly to the electoral. col3ege _~:; or the division of elections of -the United States Govertuaar~t. .. Commissioner Plummer: I've got a better idea,.. Mr. Rodriguez: To the Post Office,.. Coam:ssioaet' Plutmner: , , . let's sand It to the Poet Qfl:icd and tel1FN thew wlay he's not there. ' ~. Comaelssloner Al.oASa: I have some c~u~stioBS I'd like to ~k s qty on thlm *` [;. ; ~. ; - ::3" . d•i . S ~ - _ t- r .,: - __ r r- ~, l Mayor Suarests Commissioner Alonso. Commissioner Alonso: How come so very few people participate in this? $ither it's sending a message that the system that we use is not that effectisre to notify the people in the neighborhood or that they don't care. Commissioner Plummets Because they usually... Commissioner Alonsos Do you have an explanation to how do we say such a person represent this area and got two votes or nine votes or eleven or tMenty? Don't you think that we can develop for the Future, a better system of perhaps notifying the people in the neighborhoods or some way, because it bothers me to have people representing a certain area that certainly they don't represent anything. Mr. Castanedas Well, Commissioner, it bothers me too that at this time we _; placed a number of ads in the Herald, E1 Nuevo Herald, in the Neighbors section, in the Miami Times and Diarios Las Americas. We also had 5,000 flyers distributed through the different community based organizations. We did a press release to the media on this and we had public service announcements in WQBA, WEDR and WMBM. In my opinion, what's happening is that after so many years of cots>inunity development, I think people have lost the energetic participation that used to occur in the very early years and it's become more of a normal routine type of thing. I would like to have more participation myself. I just don't know haw to obtain that. -_ Mayor Suarez: Did you establish how much advertising was done or how we notify people? -~ ~~ Mr. Castanedas Yes. I have copies of the ads here. See, if Commissioners ~~ are interested, I can give them copies of the ads. ~i Mayor Suarez: I presume the copies would reflect what would take place but vsjhere were they placed? Mr. Castaneda: They were placed in the Miami Herald, E1 Herald, in the Neighbors section of the Herald, in Miami Times and Diario Las Americas. Also, we had flyers that we distributed throughout the different neighborhoods, both in English and in Spanish. Basically, those neighborhoods that are better organized had a lot of more participation. For example, Allapattah which is, I guess, more organized, had, you know, a very large output. The same as in Wynwood. Other neighborhoods had very little out. _~ Commissioner Alonso: Well, it bothers me tremendously, the wap that it 3s represented because it does not reflect the community at large. We'll have to -~ look into the future elections to see what can be done. -F T, -~~ Mr. Castaneda: OK. OK. ~~; Mayor Suarez: What is your pleasure then? What are you proposing? ~` .. Cosncnissioner Alonsos No, it's fine with me. I like to... -~ Mr. Rodriguez: In the meantime, you can make appointments if you want to, tr-o =1 appointments per Commaisaioner. J I Mayor Suarezs Two per? - Mr. Castaneda: Yes, Commissioner. Commission Alonso: My two names I'd like to withhold and I'll give you tho ~; names later on. Mayor Suarezs Attorney Andrew Rosenblatt for one of mine. And from the - northeast, they've been agitating to get soma appointments on it, Rosemary Canals who is with the Greater Biscayne Chamber of Commerce. Anyone e1a4 ~as~e say other appointments at this point? ..Y . -<- Mr. Castanedas mayor. •> i~ayox $uareas Coarnnunity ~evolopment AQvisory Aoars~, ~fi: ~, . _ ,~~ -- - r i, _: _+ ~~: ;; ,, . -:; =; _~ L- ~~. ~t4` ~;, ~i _: ; ~i ~+ ~\ Mr. llodfigus3ss CDAB. Mr. Castaneda: It would be better not to elect persons that are on prograsas funded with corenunity based organizations because then you have a nonflict of interest. Mayor Suarezs Torn Lewis? Commissioner Plummer: This is 187 Mr. Rodriguez: Might. Mayor Suarez: OK, Jeff, is the gentleman that participates a great deal? Cossunissioner Pltunmers Well, each bf ua have how many appointments';? Mayor Suarez: Two. Mr. Rodriguez: Two. Commissioner Plummer: I'll hold mine. Mr. Castaneda: OK. Mayor Suarezs Tom Lewis? Marguerite? Oh, Marguerite Shearfsn, yes, frose the northeast been around for a long time. Those are my two and if no one has any others, I'll entertain a motion on the ones that are presently before us and hold as to the other Commissioners. Victor, do you have any? Commissioner De Yurre: No. Mayor Suarezs Can you move those, please? Cossarnissioner Plusssmers Move them. Commissioner De Yurre: Second. Mayor Suarezs Thank you. Cali the roll. s • 1'he foilowi~-g resolution aas introduced by Cotr~nissioner 1'lutd~trer, aho moved its adoption: RESOLUTION N0. 89-1122 A RRSOLUTION APPOINTING C$RTAIN INDIVIDUALS TO THE gIGHZ`EE2~i (l8) MEMBER CITYWIDS COMMUNITY DEVELOPMENT ADVISORY BOARD IN ACCORDANCE WITH RESOLUTION N0. 87- 1006, ADOPT33D BY THE CITY COMMISSION NOVEMBER 19, 1987. (Note: Andrew Rosenblatt, Esq. and Marguerite Shearin [nominated by Mayor Suarez. Pending still are appointments to be made by Commissioners Dawkins (2), Plummer (2), De Yurre (2), and Alonao (2).) Following are five areawide appointments which were submitted to the Commission for approval as a result of elections within five Community Development target areas: Mariano Cruz (representing Allapattah Community Development Target Area). Frankie Rolle (representing Coconut Grove Community Development Target Area). Gloria Rosello (representing Little Havana Community Development Target area). Lottie Hines (representing Model City Community • Development Target Area). Fred Santiago (representing Wynwood Community Development Target Area). Pending still are area representatives to be elected from Downtown, Edison/Little River, and Overtown target areas. _. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) = IIpon being seconded by Commissioner De Yurre, the resolution was gassed sad adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso ~~ Mayor Xavier L. Suarez ~. , NOES: None. , ;. ABSENT:` Vice Mayor Miller Dawkins. , - 29. APPOINT INDIVIDUAL TO THB ZONING BOARD. (NOTES Appointed was Gloria M. Basile). ~~~ _ ~ Commissioner Plummer: On the Zoning Board, I think I have one. Is that.. ~ correct? _ ~: Mr. Sergio Rodriguez: The Zoning Board... _` UNIDENTIFIED SPEAKER: That's correct, sir. Mr. Rodriguez: ...you have one. The present parson is G1Qria Basile. .` Cosamismioaer Plumaser: I will reaomin... ~'' tir. Rodriguez: I vent to make you aware that there .are threw positions; ~~!e~r ~`, ', there. pose of them is sa alternate axtd the other ans,~ are regular tn~?e~rs~ _'` :. ~Co~nieaioner Plummer: I will rsuomiAats ClQria ~eeila. _ ,_ •:, i', _ ~ ' - $~- ~ecewbs~ 7# ~~~~ - ,~ ,. , , ,~, ~. L _ ',y' s dir. Rt-~figuats fihen, the other positions are far Com~sigeioher 1~e Yurte and May:sr Suarett. Mr. De Yurres I'm going to hall off on mine. I'il second J.L.'s motion. Comreibsioner Piuromers Well, trait a minute, doss Mayor Suarez have his? -hold on. Mr. De Yurres I don't know. Commissioner Plummer: Have you got your appointment to the Zoning Board? Ms. Hirai: 'You have one, Victor. Mr. be Yurres Huh? Mb. Hirais You have one. Mr. De Yurre: I'm going to hold off on that. Ms. Hirais Oh. Mr. Rodriguez: On the Zoning Board, you have an appointment. I toes mentioning before, there are ttvo regular positions and one alternate. In the past, the alternate vas the one that you held, Mr. Mayor. Mayor Suarez: Once again, this fa one of those boards that requires publication of the nominees and their resumes. Once again, I didn't - teas not advised of this in time. So, once again, I must ask the Commission... Commissioner Plummer: Well, just hold it up. Mr. De Yurres That means that the notices aren't working. the pager? Huh? You're not reading Mayor Suarez: I would hope the staff would remind us so eve don't have to read all of the notices in the paper. And, otherwise, I have to do what?-I have to ask for a... Ms. Hirais It was distributed to your office, Mr. Magor. Mayor Suarez: I want to be reminded of an appointment that I have coming up as ianportasat as this, Madam City Clerk. Not to the technical requirements... You've .complied with those.. As to somebody reminding me that I have an,. appointment of this sort and I don't have my applications in. Please, the thole t-os:ld tosnts to serve on these and nobody reminds us that aoe have to hens those doggone applications published. What-do we need to do to be able .td eveatual2y... Commissioner: Plummer: Obviously, I'm the only oae going to be making:.. appointment... Mayor Suarez: Right. ,~+ Gommissioaer Plummer: ...and it's your neighbor. :--`E Magor Suarezs Right. Gommiasioaer Plunnmer: tiloria Baaila. I so reaominate. Mayor Suarez: For Gloria. So aocninated. ""r` Mr. Ds Yurrer Second. liayo~ Suares: $o moved and seconded. Any discueeioa? .Call ohs roll. F_I' -i • • The foilowifig resolution was introduced by Commissioner Plum~net~ who moved its adoption: RESOLUTION NO. 89-.1123 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE A5 MSM$13RS ON THB ZONING BOARD OI' THB CITY OF MIAMI, FLORIDA. (Note: Ms. Gloria Basila was nominated by Commissioner Plummer. Still pending is one appointment to be made by Commissioner De Yurre and one appointment by Mayor Suarez.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ~. E i '~ s } -a Upon being seconded by Co:s:missioner De Yurre, the resolution was passed and adopted by thg following votes AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Commissioner Victor De Yurre Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Actually, I also had in mind someone who, it turned out, did not live in the City of Miami so that created another problem. I think that application was... Commissioner Plummer: Well, I think she lives in the City if you do. Mayor Suarez: Yes, Gloria lives... Mr. Rodriguez: Would you like to - on this, would you like to readvertise or...? Mayor Suarez: Yes, please, for my appointment. 30. RECOMMEND MARIA MACHADO FOR APPOINTMENT AS A MEMBER OF THE BOARD OF '` TRUSTERS OF CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION BMPLOY888! RETIREMENT TRUST (Notes This motion was later rescinded) (See labels`20B and 34). ---___ , , Mr. De Yurre: Mr. Mayor, going back to the Pensioa Board, that Charlie needs an additional persoa there, I would like to throw the name and suggest :the name of Maria Machado, oho is a CPA, to serve on the board. ''. Commissioner Plummer: Does she live in the City? Mr. De Yurre: ..She lives is the Gity. Mayor Suarez: is that shy Roa Silver's smiling back Lhere? Is this... Bob Clerk, Esq.: Get Charlie Cox to agree to that, he has to auhmit khe~,liat. Mr. De Yurre: 4K. Mayor Suarez: For which one ____~,? Cos~uissioner Plummer: Is she .related to the Mayort T doa't khoo-, I'm ~~t aa~C~.ng '. ~~. Aa Yurre; ;.;' -~. :, s°: ~; 1[Q, ~ don't think ~A, N~a ~~ ~- ~,~= .~ ~. _.Y; - ~ .. _ _ ~~~1{'G^~__ fy1~ .. - .._ ~l,, -. i ~ m ~PrY . ~ ~ e ay ~_. ).. '.. _ i ~j • Cominiesionr~= Piummere Then $'11 second. Mayor Suarez: For which one is this? Mr. De Yurre: For the Pension Board. s Mayor Suarez: For the general employees pension trust? _ Mr. Jorge Fernandez: That recommendation has to come from the union because I believe that that's one of their appointments, s;o you recommend it to them, they accept it, then they'll recommend it back to you. Mayor Suarez: They haws dust done that, I think, we can put into the record by the nodding of - affirmative nodding of the heads - attorney and the head of the union. OK. We have a motion and a second. Commissioner Plummer: If Ron Silver's involved, I'm not going to vote for it, no Nay. I'll invoke the rule, I'll invoke everything. Mayor Suarez: Call the roll so they can function. The following motion was introduced by Commissioner De Yurre, ~vho moved its adoptions MOTION N0. 59-112# A MOTION RECOMMENDING MARIA MACHADO TO BE A MEMBER TO THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL _ ~ BMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST. (Note for the Records This motion was later rescinded by M-89-1128.) Upon beiag seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: - AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso = Commissioner Victor De Yurre Vice Mayor Miller Dawkins _- Mayor Xavier L. Suarez Mr. ftodriguest: Commissioner Da~vkina have one appointment, Mayor Suare~t had t+s-o ap~roit~tsnents, one of which aag an alternate. - Commissioner Piummer: OK. Mayor ~uarest: One was shat? Mr. Rodriguez: One of which is an alternate. Commissioner Plummer: Alternate. I think Tucker Gibbs vas your alternate. Commissioner Dawkins: I will have mine for the next meeting. Mayor Suarez: I'll move to reappoint Tucker Gibbs and Ofelia Tabares. 2 would 11ke to switch - well, I'd like to see if my appointments don't always end up being an alternate. Is there any particular reason whyl Mr. Olmedillos You would have to decide it yourselves. Commissioner Plummer: That's why you have two appointments, I think, instead of one . Mayor Suarez: Yes, I would like to make Tucker Gibbs the permanent; Ofelia then the alternate so that Tucker can now be a permanent. Commissioner Plummer: Move that those names submitted be adapted. ~- Commissioner Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the - roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: f RESOLUTION N0. 89-1125 ~. A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS ON THE PLANNING ADVISORY BOARD OF THE CITY OF MIAMI, E'LORIDA. (Note: Ms. Ofelia Tabares Fernandez was appointed as an alternate member by Mayor Suarez. Still pending is an appointment to be made by Vice Mayor Dawkins and one appointment by Mayor Suarez.) 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 wa s passed and adopted by the following vote: -- AYES: Commissioner J. L. Plummer, Jr. Commisaipaer Miriam Alonso _-. Commissioner Victor De Yurre ~ ;' Vice Mayor Miller Dawkins Mayon Xavier L. Suarez NOBS: None. -si: ABSENT: Nose. ~° ~: - Mr. Rodriguez: Mr. Mayor, let ma check with Madam City Clerk, I ~S~iene ~~. ~. '~' Tucker Gibbs didn't reapply, right? -for whew ycu said? Maly Misa Tabards, Fernandez-Tabares applied. .r.'; Ms. Hirai: To Plaaaiag, Mr. Rodriguesa: Huh? >~. Ms. H#.rai: To Plaaaing. -`, tbs. Rodrigues: To Plamnia$, yes, ~` - - _ ~ ~`a ~x r . ~$ pa~~~bQr 1y ~A~~. ,_ , r ,~ • ~~ C: Y: .. ~ _ _ ~~. ~ a+ _, _ ;. s ~.; • Mayor Suarez: Planning? Tucker Gibbs did not reapplq? Ms. Huai: fio Planning, only Ofelia Tabares applied to Planning. Ma~ror Snarert: I'li ask then for that to be republished so that I can appoint Mr. Gibbs. Ms. Hirai: Yea, sir. Commissioner Dawkins: Republish them so that my name can get in, please. Mr. Fernandez: Right, and then also it's understood that Mr. Gibbs is stricken from that vote. Mayor Suarez: Yes, and Guillermo, my good friend. Would you remind these - people, if they want to be reappointed, when they have to have their applications in. They know that. Mr. Rodriguez: We tell them beforehand. _ Mayor Suarez: I don't want to contradict you - there's a voice that comes out from far away back there, it's not on any mike, has not been recognized, but it is that of... Mr. Rodriguez: Voice of the conscience. Mayor Suarez: Don Aurelio Perez-Lugones. He says they know that. So my only conclusion is that they either don't want to continue serving on the board or they're dummies. OK? Commissioner Plummer: Or both. Mayor Suarez: But I am going to tell them that that is a direct conclusion f rom your statement and, if not, to come here, Mr. Gibbs, and say otherwise. All right? Mr. Olmedillo: We'll let them know. Mayor Suarez: In-the meantime, Guillermo, if that's not the case, as Aurelio is suggesting, would you please remind them to get their applications in and get on their beaks if they want. If they don't, then the heck with them. Mr. Olmedillo: Yes, sir. Mayor Suarez: Not to say the hell with them. ~" - 32. WAIVE RBQUIREMENTS FOR COMPETITIVE SEALED BIDS - APPROVB ACQUISITION. OF _ 1,350 COPIES OF THB 1990 FLORIDA LAW ENFORCEMENT HANDBOOKS FROM METRO- ~' DADS POLICE DEPARTMENT - ALLOCATE FUNDS ($11,475). ~'~ ~ Mayor Suarez: Item 21, resolution. - Commissioner Plummer: Is this waiving competitivo bids or a soi+~- source? Tbere's a big difference. Vics Mayor Dawkins: That's sole source. ~ Lt, Joseph Loagueira: This says waiving competitive bids. i_ Commissioner Plummer: It says waiving competitive bids, which I,.. .;,. Vice liayor Dawkins: That's solo source, J. L. ~_~ Commissioner Plwaaer~ I think it's a sole source. ., ~~~°:. ~iayc-z Susre~c~ Xes. -a" ~r .~ - '~ *S 3, - - - ~ ~i - ` ~. _ _____ _: s~ ~ ~p _ ,. Cort>FSiesioner Plummer: Y' 11 vote a sole source. Mayor Suaretts 1 think we're waiving the competiti~re bids so that we caf- go to sole sottr~e. Mr. Rodrigues,: It's a sole source. Comsinissioner Plummer: I will not waive competitive bidding, but a sole source I'il go to and vote qes. i move 21. Commissioner Alonso: Second. Mayor Suarezs We have to waive the competitive bids so that we can go to a sole source. All right, moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION N0. 89-1126 A RESOLUTION, BY A 4/STNS AFFIRMATIVE VOTE OF THE MEMBERS OF T'HE CITY COMMISSION AFTER A DULY ADVERTISED ' PUBLIC HEARING, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE ACQUISITION OF ONB THOUSAND THREE HUNDRED AND FIFTY (1,350) L990 FLORIDA LAW ENFORCEMENT HANDBOOKS AT A PROPOSED COST OF $11,475.00 FROM METRO-DADB POLICE DBPARTMENT FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE 1989-90 OPERATING BUDGET, ACCOUNT CODE N0. 290201-7601 AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE HANDBOOKS. (Here follows body of resolution, omitted here and oa file in the Office of the City Clerk.) Upoa being seconded by Commissioner Alonso, the resolutioa was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. = Commissioner Miriam Aloaso Vice Mayor Miller Dawkins _ Mayor Xavier L. Suarez NOBS: None. ~ . ABSENT: None. Mayor Suarezs Item 22. Mr. Jorge Fernaades~: Mr. Mayan . . - • Mayor Suarez: Yes, Mr. City Attorney... r Mr. Feraandezs This is a public hearing for your informatioa in terms... '~ Mayor Suarezi Oh, yes, did anyoae- wi.ah to be heard oa i~tesn ~1 so that ae -~ - would move to reconsider it if we have to? Lot the record reflect nc one _ stepped forward. =- -r; . - .- -~ - - ~ w s< - ,,, ''~ ~~ ~1~ae~~~~ ~ ~ ~~~1~ y ~:'~ y~ ; r ;;. h -_ : 33. RATIF7t CITY MANAGER'S 1' INDING OF EMERGENCY = F1AtVB REQUIRI3MI~NTS P'OR COMPETITIVE BEALBD BIDS FOR CONSTRUCTION OF IMPROVEMENTS Ai~tD INSTALLATION OF EQUIPMENT AT THE MIAMAItINA FISHERMEN'S PIER 5 PttOJECT - ALLOCATE P'U1~iD3 $1, 200 , 000) . Mayor Suarez: Item 22. Does angone wish to be heard on item 22 from the general public? Let the reflect that no one stepped forward. Commissioner Plummer. Cormnisaioner Plummer: With great pleasure, I will move this thing and get it done before it costs us any more money. The monies are now there... Mayor Suarez: Pier five. = Commissioner Plummer: ... let's do it and get it finished. Mayor Suarez: So moved. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll on - item 22. = Mr. Sergio Rodriguez: This requires 4/5ths. The following resolution was introduced by Commissioner Plummer, who moved its adoption: _ RESOLUTION N0. 89-1127 = A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/STHS VOTE OF _ THB MEMBERS OF THE CITY COMMISSION WAIVING FORMAL COMPETITIVE SEALED BID PROCEDURES FOR CONSTRUCTION AND .EQUIPMENT FOR THE MIAMARINA FISHERMEN'S PIER 5 = PROJECT; RATIFYING APPROVING AND CONFIRMING THB CITY MANAGER'S FINDING THAT AN EMERGENCY EXISTS JUSTIFYING . SUCH WAIVER FOR SAID PROJECT; AUTHORIZING THS CITY MANAGER TO ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE BID FOR THB CONSTRUCTION OF NECESSARY IMPROVEMENTS AND INSTALLATION OF EQUIPMENT AT SAID FACILITY 'CINDER SAID PROJECT; ALLOCATING FUNDS THEREFORE IN AN AMOUNT NOT TO EXCEED $1,200,000 FROM THB CAPITAL IMPROVEMENT PROJECT OF .THE SAME NAME, PROJECT- NO. 413013; FURTHER AUTHORIZING THE.. .CITY =_ MANAGER TO EXECUTE AND/OR ISSUE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO TH8 CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER(S). (Here .follows body of resolution, omitted here. and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkias, the resolution was passed and adopted by the following vote: = AYES: Commissioner Victor De Yurre Cota:nis4ioner J. L. Pl~aer, Jr. _ Commissioner Miriam Alomso ;g~ Vice Mayor Miller Dawkias -- Mayon Xavier L. Suarez - NO$~S t Nose. `, Aa~ENT: Nonni, ~ ._. ~~BN'rS ,MADE AITRING RQ~ CALL t ,. :, ,,, :.. Goarm~.aaiau~r Pumme~: .Thank ~~~ yap. _ °. -~f,. ~ _ - _ '~~ - j t ~.~ Y p wwaR- ,rfir S ~5$ ~5 1 (( ~ i ~. F f __ _ ~ .p _._- _. --_... --- - - - :t - ... 34. (A) RfiCONSIbER PRKVIOt15LY' PASSED MOTION RECOMMENDING MARIA MACHADO FOR APPOINTMENT TO GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST (See labels 20B and 30). ($) RECOMMEND MARIA MACHADO BS CONSIDfiRED FOR APPOINTMENT AS A NEW MEMBER OF THE BOARD OF TRUSTEES OF THB CITY OF MIAMI GENERAL EMPI.OYBES' AND SANIfiATION EMPLOYEES' RETIREM}sNT TRUST. Mayor Suarezs Why we should have all general shaking of the heads and beating of the breasts over here in regards to the appointment for the general employees pension trust. Robert Klausner, fisq.s Mr. Mayor... Mayor Suarezs Counsel. Mr. Klausners Robert Klausner, 1922 Tyler St., Hollywood, representing local _ 1907. According to the ordinance, the Commission is to appoint, it say the Commission "shall" appoint someone from the list provided by the general employees union. You had the list of six names in front of you. I understand when I stepped out of the room there, I understand you appointed someone who was not on the list of six. Commissioner Plummer: Well, I think you'll find, if I'm not mistaken, that we have the right to accept or reject those names and as such, resubmit. Mr. Klausner: You do not, sir. No, sir, you have the obligation to select one of the six. Commissioner De Yurres It is my understanding... Commissioner Plummer: Ali right, what happens if we reject all of those names? Mr. Klausners Then we have to force you to select one of the six. Commissioner Plummers No, I think we force you to come back with a new list. Mr. Klausners No, sir, the selection... Commissioner Plummer: Mr. City Attorney. `~ s Mr. Klausners What we had a lawsuit for seven years about. - Commissioner De Yurres It is my understanding, based on what Mr. Cox said... Commissioner Plummer: Damn, look how much you're going to make in the next - seven years. Mr. Klausner: Excuse me? =: Commissioner Plummers Look at how much you're going to make in the next seven _ years. _ Mr. Klausner: Built one house, I suppose I could build another one. Commissioner De Yurre: Mr. Cox problem was that he couldn't find a Hispanic -' that wasted to serve. He had problems finding a person. I dust found hiaq one `" in about half an hour. ~,~ Mr, Kiauanar: Well, Commissioner, with all due respect, I think it's the uai,on'a selection as to who they choose to have on the board. The reaoon_~hat _`' ~+* had a lawsuit here ;ad why .the City's having t4 pay off $~OO,OQp~OQQ. utc~ the pension fund, was because the quas~tion should be not,., :;_ ~~ . Mayor St~~zaa: What happened to - ah, ga uhe,ad, I thought ~.t wets $$Q,Q,QQQ,QQQ, `~ ;' 6t~t gv ahead. ;' ;_„ 92 1 A+#c~mbar 7, ~+~~~ ~. _._. ~~ ~ ~ ~~,- ~< ~... Lid^i - - - • • '~ Mr. Klausner: The issue shauid be that persons are on the board; race, sex, national origin should not matter. What should be on there is people Mho ar9 qualified to manage a third of a billion dollar pension fund. That's the only issue. Qualifications should be the issue. Their national origin should not. Commissioner Plummer: A11 right... Commissioner De Yurre: Unfortunately, this is not utopia. Commissioner Plummer: ...Me're down to a legal question. The City Attorney advises me Me are mandated to take one of the six... Mr. Klausner: Yea, sir. Commissioner Plummer: ...and, once again, I'll nominate A. G. Shernnan. - Mayor Suarez: So moved. - Commissioner Plummer: We have no choice. We've got to take one of the six. We can argue about the six. A. G. Sherman was an elected representative of the group for many, many gears and I just say that that... Commissioner De Yurre: I'm not going to second the motion. Commissioner Alonso: I'd like to make a comment for the record. It bothers .he tremendously to hear that we don't have a Hispanic who is qualified enough trr be nominated by the union and be included in this list. It bothers me tremendously. I'm not going to support this vote at all. Commissioner Plummer: Well, are you going to leave... there's not disagreement on that and I don't want it to be misconstrued that I'm not supportive of what this Commission has done for a long time. But I am told by _- the City Attorney that we have no choice. Now, that's all I'm saying to you. _ It would seem like to me that the union, in the spirit of cooperation, would _= want to try and work with this Commission knowing that we're trying to .meet certain areas of responsibility. Commissioner De Yurre: We got no problem. Commissioner Plummer: NOM, the union has said... Mayor Suarez: We have a mo... J. L., we have a motion ... Mr. Klausner: Mr. Mayor, Mr. Mayor... e i F f a Commissioner De Yurre: We have an ordinance, right? I move to amend the ordinance so that Me can do what we want to do. - Mayor Suarez: So moved. Mr. Klausner: With all due respect, Mr, Mayor, you can't... M _ e M i t M e t _~, ~. :. ~~# ayor_Suarez: -Wait, Mait, wait, couaoelor, you're out of order. You haven't ven been recognized and Me have a motion on the floor. r. Jorge Fernandez:. The ordinance, for your information, Mhile an ordinance s susceptible to be amended by you, we need to look at Mhat case laM there is hat... ayor Suarez: Well, you'd better look at it in an artful hurrq bacauss i'~a bout to second the motion. .And I do second the motion.- _. _ Vice Mayor Dawkins: It's been properly moved sad seconded. Mr. Feraaadaz: OK, as~rs looking at that. :,4 Vice Mayor Dawkins: Ail right. Under discussion, br. Gity Attorney, ~g~v~ u~ a . rui lag haz~4. _. ~laypr- Sua~cez~ NQ, I'm~ sorry, what I meant is that ire could pass the. ,.~~. ,- Vick ~4+~yoz' . Davrkina x The au-amdmant... ~~ ~1 7 1 ; Y t - - ~ 1.f e_ -x_`' ,. ~ ~~ --_ -- - Co~tnmiseioaer Piutt~ners Amend the motion. Amend the ordinance. Mayor suarea: Y'ee, we cast passe the reaoiution for an ordinance to be prepared and, of course, gubjeat to your research on whether it can be done. Mr. Klausner: Mr. Mayor, maybe I can solve your problem. Vice Mayor Dawkins; No. Mayor Suarezs Unless the chairman wants to hear from you, I don't think we need to hear from qou at this point on this point. Mr. Klaueners Mr. Chairman, maybe i can solve the problem. - Vice Mayor bawkins: No, not maybe, will you, solve it? If you will, all - right. If not, then we don't need no maybe to go on. - Mr. Klaueners Well, if you'll recognize me. Vice Mayor Dawkins: OK, yes, I'll recognize you. Go ahead. Mr. Klausner: Thank you. Mr. Cox has said that he does not want this to turn into a racial issue so he has said that he will withdraw his list, resubmit a list to the Commission's consideration at it's next meeting. Commissioner Plummer: That's fine. Commissioner Alonso: Right. Mayor Suarezs There we go. Commissioner Plummers That's fine. Mayor Suarez: It can all be done. See, because Ron is always smiling anyhow. = Vice Mayor Dawkinsz The only problem I have with it is, when you insert the term racist, I have a problem with that. If you just say you're going to withdraw yaur list and submit a list that's more representative of the work __ force, I'll accept that, but I will not accept the fact that you don't want to be appeared as a racist which indicates that I'm calling you a racist and I have a problem with that. Mr. Klaueners No, no one's accusing you of anything. But it's been -~ suggested... ~, -: Vice Mayor Dawkins: OK, well then, I said I will accept this, sir, if you change it to say that you're going to submit a list more representative. Mr Klaueners We'll simply resubmit it. We mill simply resubmit another = list, Mr. Chairman. Thank you. Vice Mayor Dawkinss Thank you. That's all. ~, -- -~ Mr. Fernaadezs So, Mr. Mayor, you- really have to rescind your vote of this , _.~ 41', young lady that you passed. r ~ Mayor Suarezs Yes, and we also era withdrawing both of those motions. 4K, da -_ wa seed to move to rescind? .. :' Commissioner Be Yurre: But, well, hold it, why can't we go ahead sad fqr-our own edification, go ahead and find -out what we can do about the 'ordi~nianae anywaq? ~;' Mayor Suarez: Make that at the recommeadatioa? ~" Mr. 8ernandez: I Hill came back to Au with a re Qrt as to whim's the st~tt><a y P of'~thia osdiA+aace sad how, if at all, can be amended, : Yiae Msyar Hawkins: CiK. - ~k ~~~ 1'e~aaadss: You ae®d t4 rescind that vAte, Mr. ~isy~~'. ' , y ~>> ' ,~ m r :~~. ~ . . i ~ wr ,~; -= ti . ., r Mice Mayor Dawkins: OK, we rescind it: Coimnis~aioner Da Yurres The prior motion ryas recommending Maria Machado, so that can t~tarid. Vice Mayor Dawkins: Now rescind it. Commissioner De Yurre: No, that can stand, just a recommendation. There's no problem there. Mr. Fernandez: OK, so if that motion... Mayor Suarez: Oh, understood properly, it's a recommendation. Thank you. Mr. Fernandez: As a recommendation to the union to have that be one of the names included in their list. Mayor Suareza Very good. OK, that's... Mr. Klausner: Mr. Chairman, if that individual could submit a resume to the president of the union so that we may properly consider her. Mayor Suarez: I would think they would. Commissioner De Yurre: OK. - Commissioner Plummer: I hate to disagree on a technicality, but that vote was taken to appoint that person, not recommending, as that vote stands ... Mr. Fernandez: That's my recollection also. Commissioner Alonsos I agree. Commissioner Plummer: As illegal... - Mayor Suarez: If that's the case, why don't we... OK, entertain a motion to reconsider that vote and now have it be a simple recommendation. Commissioner De Yurre: Move to reconsider. ,' Mayor Suarez: So moved. Commissioner Plummer: Second. ~` Mayor .Suarez: Second. Any discussion? Ca11 the. roll on the-motion `for - -' racoasideration. The following motion was introduced by Commissioner De Yurre, who moved'.. its adoption: = MOTION N0. 89-1128 A MOTION TO RECONSIDER PREVIOUSLY PASSED-M 89-1124._ "~ _ RECOMMENDING THB NAME -0F MARIA MACHADO T0:..88 ~ ;` CONSIDERED FOR APPOIN'TM$NT TO , Tii$ GENERAL EMPLOY$8' 8 ,~, AND.SANxTATION EMPLOYEES' RBTIREMENT TRV#ST. `~, :~ _ Upon being aecondad by Commi~eionar Plunmaer, tho motion Man paaspd a~aA - adopted by the following votes AYE&: Coastniaeioaer Victor De Yurre ~ - ,I _ Commissioner J. L. Piuma-or, Jr. -'" Comaai sioaer Miriaa- Aloaaa - . , Vics !layox Millar DaNkias ~. ..._ Mayor Xavior L. Suarez -. ~GEB~ Ne~aa. -`'.. A88ENT:: Noss, ~, `: - ~k. ~~~ :: ~~ ~, s~ - .~_~~ ~t_y { , ~~ as,~. ~, ~~ z ~:~~ ' ~.-- _ - -_ • q~, ~. f Cototnissioner And I ido~e tht~ na~ae of Maria Machado to be considered as the ne~- member to the beard, the petit3ion trust board. Mayor Suarez: So moored as a tecongnendation. Mr. Fernandez: ~o be considered by the pension. Mayor Suarezs So moved. Commissioner Plummer: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. Commissioner Plummer: We could all recommend names. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION N0. 89-1129 A MOTION RECOMMENDING THAT THE NAME OF MARIA MACHADO BE CONSIDERED FOR APPOINTMENT AS A NEW MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote r AYSSs Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 35. BRIEF COMMENTS BY MAYOR SUAREZ CONCERNING THE ON-GOING LOZANO CASE. Mayor Suarezs I know Father Barry is here on item 30. I'm getting all kinds of messages. They must think you're extremely important, Father, after appearance this morning... Commissioner Plummer: What item? ~. ' Mayor Suarez: ...but it is a 2:00 o'clock item and it doss have, I think, _ some complexity to it. I don't believe that we could solve that now. We do - have - as I am advised, in twelve minutes the reading of the verdict in the ~' Lozano trial. I think each Commissioner is going to be planning his recess accordingly and so I don't think there's any way we could possibly get into ~ that item so v~e'll have to come back at 2x00 o'clock. I also seat to announce ~. I think most of the Commission knoae it, that as soon as the verdiat,ite <- -=` aanaunced, we will hear from our City Manager sad Police Chief sad again,' __' before 2:00 o'clock, which is otherwise the time that ae will racoave0ae to , make sure that everything's in order in the City and that we cam continue our proceedings at 2:00 o'clock. Unless you west to make it 2:30. Tao-thirty, i$ ~` that all right? ~- - GomOnissioner Plummer: Mr. Mayor, ghat I could suggest, let's reconvene 0~t ; - 2:00 but have any items of agenda put over till 2:30. ~~ ~ ; l~aypr Suarezs pK, ore will try to reconvene at 2:00 then or ae're schsdnled to - ~` ' reconvene at 2000 and understanding Commissioner lie Yurre, by anq chance yQU ''~' ~` have an item that you wish to be considered later that we'll do sc, ~e'~0a recessed until 2:Q0. ~` ~ ~; - 4f0 ~?e~40a~~r 7 ~ _ i~~~i ~ , , ~ .« - ;' __ _ .___._ THE~UPON 'THE CITY COMMISSION iiEIJT INTO RECESS AT 12:04 P. M. AND RECONVENED AT 2:09 P.M., WITH ALL - MEMBERS OF THE CITY' COMMISSION FOUND TO BS PRESENT EXCEPT MAYOR St1AREZ AND COMMISSIONER DE YURRE. 36. FIRST READING ORDINANCE: AMEND CAPITAL APPROPRIATIONS ORDINANCE (10642) - ESTABLISH PROJECT ENTITLED: "CITY ADMINISTRATION BUILDING PHASE I FIRST FLOOR REMODELING" ($250,000). Vice Mayor Dawkins: Madam Clerk, what item do we stop on? - Commissioner Plummer: Twenty-three. _ Mr. Sergio Rodriguez: We're on 23 now. Commissioner Plummer: I move it. ~~ Vice Mayor Dawkins: All right, it's been properly moved and seconded. Item 23 . - Commissioner Plummer: Read the ordinance. ' = Vice Mayor Dawkins: Read the ordinance. Call the roll please. f _ AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE N0. ! 10642, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, THE ~ CAPITAL APPROPRIATIONS ORDINANCE, BY ESTABLISHING THE ~ PROJECT ENTITLED "CITY ADMINISTRATION BUILDING -PHASE - I FIRST FLOOR REMODELING", PROJECT N0. 311020, IN THE - AMOUNT OF $250,000; APPROPRIATING $100,000 FROM GUARANTEED ENTITLEMENT REVENUE BONDS AND $150,000 FROM THE NEW PORT BRIDGE LAND SALE - INTEREST EARNINGS; CONTAINING A REPEALER PROVISION AND A 38VERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Millar Dawkins NOES: None. v ASSENT: Mayor Xavier L. Suarez v Commissioner Victor De Yurre. _~ The City Attorney read the ordinance into the public reeard and , _ -~ announced that copies ware available to the members of the City Commission and - to the public. COMMENTS MADE DURING ROLL CALL: - Commissioner Plumaner: Assuming the City Attorney is going to sign it, which - ha hue not, i wily vote yos. Mr, Fernandez. Correct. - ~,:; ; ~~ -:y: - a, - ~ - . -;., ,., v, ,;:. ,~ , ., ~. w, A ~ ' - _ - i ~: ~ • 3?. SECOND RBADING ORDINANCBs AMEND CITY OF MIAMI CABLE TELEVISION LICENSE +ORDINANCE (9332) - CHANGE MINIMUM NUMBER OF DAYS PAST DUE DATB OF A DELINQURNT FBE IN WHICH NOTICE TO DISCONNECT SERVICE I5 GIVEN TO SUBSCRIBER (See label 51). -----__......__----~-------..--------------~_-_-_-_-_--------------~--------__-_.....~W__,~ Cottunissioner Plummer: Can we handle the cable or do you meat to wait for a full Costsmission? If you don't want to wait, I'll move item 3 based on the letter hae been surrendered as requested by Commissioner Dawkins and i think it serves the community well to be able to hook back up and I would shove item 3 as per the agenda. Vice Mayor Dawkins Moved and seconded. Any further discusaioa? Commissioner Plummer: Is it an ordinance? Mr. Fernandez: Yes, it is an ordinance, item number three. Commissioner Plummer: It's got to be read. Mr. Fernandez: Ready? Commissioner Plummer: Yes. ~; Vice Mayor Dawkins: This is a first reading? Mr. Fernandez: Second and final. Commissioner Plummer: That's a final. Commissioner Dawkins: Reluctantly J. L., I'm going to vote with this, but I don't trust theta. Ca11 the roll. ~' AN ORDINANCE - AN ORDINANCE AMENDING SECTION 804 OF THE CITY OF MIAMI CABLE TELEVISION LICENSE ORDINANCB N0. 9332 BY DELETING THE WORD "FORTY-FIVE (45)" AND SUBSTITUTING THEREFOR THS WORD "THIRTY (30)" AS IT PERTAINS TO THE MINIMUM NUMBER OF DAYS AFTER THE DUE DATE OF A AELINQUENT CABLE TELEVISION FEE OR CHARGE 'THAT NOTICE TO DISCONNECT SERVICE IS GIVEN TO THE SUBSCRIBER; ~ -.-- CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of July 27, 1989, was taken up for its second aad final reading by title and adoption. Oa motion of Cottssaissioner Plummer, seconded by Commissioner Alonso, the Ordinanc~- wae thereupon given its second and final reading by title-and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Cottsmissioaer Miriam Alonso Vice Mayor Miller J. Dawkins NOES: Nose. ABSENT: Cotsrairrioaer Victor De Yurra Mayor Xavier L. Suarez COMkJENTS MADE DURING ROLL CALLS C~aisrianer Plummors I'ta reluctant bpcaure of the faot it will bo here ,~anuary 11th and 9~e'li have our bite at the apple. I veto yes, ,Y * Dt4TE: Although absent at roll call, Mayor Suarez later asked oP thQ 41e~~ ^ tQ be shown a~a vQtiag with the motion. _- _ _ _. - __. s, THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 1067$. The City Attorney read the ordinance into the public taco=d and announced that copies vPa~e available to the members of the Citq Cncmtsis~gion and __ to the public ---~~---~-------~..~....._..._~_..M_~.~_----------~------~..._~..--------~.~. .~..~__.._....~ 3S. $RIEF COMMENTS BY COMMISSIONER PLUMMER CONCERNING (a) EXHAUST FANS THAT SHOULD BE BUILT ON TOP OF BUILDINGS, WHERE NOISE WOULD BE REDUCED; (b) - POLICE BURGLAR ALARMS THAT DO NOT HAVE A RESET MECHANISM. Commissioner Plummets Let me get something off my cheat, tovo things while we are here, OK? The first one, Mr. Planning Director, Mr. Assistant City Manager. I got big bitch in these buildings that are going up in which they are having, I don't know what they are, exhaust fans, call it what you may, number one, thep are noisy as hell, number two, instead of putting them up on top of the building, the Grove... what is this called over here? Mr. Rodriguez: Commodore Bay, excuse me, Grand Bay. Commissioner Plummer: Grand Bay. Grand Bay. If you stop on 27th Avenue and Tigertail for the light, that thing will about blow you out, as well as the noise. There are a number of other buildings existing that way that I think we need to address either by ordinance, or in some way, eliminate the noise factor and eliminate the problems that are existing. The second item I want to get off my chest is not planning, but more in the area, I guess of police. Something needs to be done in this community for people who have burglar alarms that do not have a reset feature who absolutely refuse to go down and turn them off, disturbing their neighbors and everybody around and we had one case for two straight days. I think there needs to be as additional fine imposed after people who have been notified within a reasonable period of time, do not do something to alleviate the discomfort created for their neighbors. I think it is absolutely ridiculous in which an owner says, if there is mot a break-in I'll be there at 8:00 o'clock in the morning and his neighbors eay the hell with it, that's it. I think we need to address both of those issues, so I leave it with the Administration. Mr. Rodrigues Very good, we'll come back to you with recommendations on those issues. NOTE FOR THE RECORDS COMMISSIONER DB YURRE ENTERED THE MEETING AT 2:12 P.M. Vice Mayor Dawkins: OK, you know, as J.L. said, when you've been here a long tiaae time, it all comae back to you. I asn the only one when they-. were d t th f b loth e o building the Grand Bay Hotel, who vote not to pu ose ans ac _er n that street. Now, J. L. , it's proving that I was right, that it neger show been put there. Comsniss3ionar Plummer: Well, I'll tell you, they are not the-only building; that's the one that I guess I've passed by mare than say of the rest of theta. NOTE FOR TH$ RBCOItDs MAYOR SpAREZ ENTERED TH8 M88TING AT 2:i~ ~'. Y . rlaii~~ii:.iii..wyirG..rrr.~.rrr.i.J:Yifi.i..n.y.at.wr.ai.r.rri~i~~r.riii.rr~. ~i~rr~~r~wra:~r~.r~~a~:rriiif+ir.~wfrr.r" 3.iW ~, 39. DENY PROPOSRD RESOLUTION WHICH WOULD HAVE WAIV$D SEALED BIDS REQUEST FOR PURCHASE Of~' MATERIALS/INSTALLATION/CONSTRUCTION IN CONNECTION WITH THg - "CITY ADMINISTRATION BUILDINGt -PHASE I FIRST FLOOR REMODLLLINb". Mayor Suarezs Is item 24 the next one? Mr. Rodriguez: Right. Mayor Suarez: OK, and you do need four-fifths, right? Mr. Fernandez: Correct. Mayor Suarezs To waive requirements of formal sealed bids. OK. Commissioner Plummer: Haw much are you spending over there? Mr. Rodriguez: A maximum of $250,000. Commissioner Plummer: Why? ~ Mr. Rodriguez: Well, let me get Mr. Prieto to explain to you the details of _ it. Mr. Prietos Mr. Commissioner, basically what we intend to do with this facility is we already have it designed and what we would like to do is start construction immediately, We ... Commissioner Plummer: For what, I mean, what are you hoping to accomplish? Mr. Prieto: What we are trying to do is use the lobby of the first floor of -- the Administration Building where presently there is a statue and there is a ° small conference room. We're planning to extend the perimeter walls to be _ ~ able have an enclosed staircase to the second floor and to transform that area ~ into a larger conference room and the Code Enforcement group. Primarily it's for Code Enforcement which is part of a resolution to 23, that you just -= passed. g, Mr. Rodriguez: As you know, we're trying to... Commissioner Plummer: $150,000. Mr. Rodriguez: $250,000 maximum. ;; Commissioner Plummer: $250,000, a quarter of a million dollars! s Mr. Prieto: We are looking at in excess of 4,000 square feet, sir. ~ Commissioner Plummer: Hey... ~' ~ . - . ;: Mz. Rodriguez: One of the positive things about. the proposal is that as you ~`- know, xe have experienced in the past a lot of problems with the elevatprs because of a lot o>= usage for people that go from the first to the second - floor to -get permits. By part of this proposal, -people gill be abl• to go i directly by stairways to the second floor and in addition to that, we will be ~' ' able to consolidate ail the different inspectors that we in different place now to provide the consolidation of inspection services that wa have. beau trying to create for. a while, and we don't bane room -in the l,~u:ild~ng nay; ~qr~`. ~ , _ ~= Mr. Prieto: We are also increasing the security in the rear of the bu~],ding. C~m-issioner Plummer: You got more room ~.n that building than you kno~I what to do with. It's under-utilised at the preheat time. _.. =_ Mt. Rodriguew: 1 vouid invite you, Comtnissioaer, to go there. -~:. Commissioner Plumn-er: $62.5Q Mgr a conference rQOml ~~ _ - ~~x ;: ,. 1~0 9~assl~sz ~ # ~~~~ ,; .; _.~ ~ - ~~ ~ . ~ , . , ,,~ a . ~~.a , - Mr, Rodriguez: It's riot a conference room. It's a roore arh~re the paopie will be located ... Commissioner Plummer: Heq, you know, it's not your money and that's whq it's spent easily. Mr. todriguez: We11, you can sap no. Commissioner Alonso: Now that you mentioned the elevators, there is a serious _ problem with the elevators in that building. Most of the time they are broken. What is the problem with the elevators in that building and I recall - since the beginning of that building has had that problem over and over. Why and how in the world can we resolve that problem? Mr. Prieto: Let me explain, when the building was designed originally there was going to be a glass curtain surrounding the elevators. The glass curtain was eliminated for lack of funds and dust and leaves and debris collect around ~ the seal of the elevator shaft itself and the doors and that use was dust constantly damaging the door mechanisms and damaging the seal of the elevator piston itself. So the maintenance people keep telling us that until that area -_ is sealed off from dust and debris, we cannot have a trouble free operation. Commissioner Alonso: I think that you are sending a horrible message to the community that precisely in that building, we have elevators that are not functioning most of the time. I think that should be corrected and resolved because it is a horrible message exactlq from that particularly building we are having problems and if it is true that all the leaves and everything there and is causing the problem of the elevators, I think the security of those elevators might be in question, r4~lly. I have always felt very insecure going up and down in that building, but now, after what you have said, definitely it might be something to look at very seriously. Mr. Prieto: Yes, Ma'am. We do have a set of drawings ready for a future date to enclose the elevators totally, not with glass, but with the masonry wall. That will resolve, we believe, the problems with the elevators, but the cost of that wall is substantial and that's why it hasn't been brought up at this time. Commissioner Alonso: When the building was first designed, that was included in the design, wasn't it? Mr. Prietos It wss a glass wall. At that time, there was a building in Atlanta that came up with the first exterior elevator and it was a nice little architectural trick to perform with these outside elevators. It was unknown how the external thermostats would function and it's turn out to be less than ideal design. Commissioner Alonso: OK, that's something to look at to resolve once and for all. _ ~. Mr. Rodriguez: We'll do that. _ ~: Mayor Suarez:: OK, any further question of 24? If not, I°11 entertain a ~` motion on it. Do we have a motion, Madam City Cle rk? Somebody... sill it die for lack of interest? Commissioner Plummets I'll voice my opinion, I'll move to deny. Vice Mayor Dawkins: Second. Mayor Suarezs Moved and seconded. Any further discussion? If sot, please call the roll. ~: ~- -~ =~~. ,_ , - ~a ~ , - . Th ~i' The following ~eotion aaa introduced bq Consnisgiondr Piumrner, aho mb+rad its adoption: MOfiIt1N N0. 89-1130 A MOTION T4 bENY PROPOSED RESOLUTION WHICH WOULb HAVE W'AI'~'i1D REQUIREMLNT3 OF I'ORMAL SEALED BIIsS FOR THE PURCHASE OF MATERIALS, INSTALLATION AND CONSTRUCTION NECESSARY IN CONNECTION WITH TFIE CITY ADMINISTRATION BUILDING ~- PHAS13 1 FIRST FLOOR REMODELING. ~' Upon being seconded bq Commissioner Dawkins, the motion vies passed and adopted bq the following vote: AYES: Commissioner Victor Dc~ Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 40. (A) COCONUT GROVfi ARTS FESTIVAL: GRANT REQUEST FOR STREET CLOSURES - ESTABLISH PfiDESTRIAN MALL - AUTHORIZE BEER/WINE PERMIT (See label 49). (B) GRANT REQUEST BY COCONUT GROVfi ASSOCIATION FOR WAIVER OF RENTAL FEE FOR USE OF COCONUT GROVED fiXHIBITION CENTER IN CONNECTION WITH THE ARTS FESTIVAL. Mayor Suarez: This is a non-controversial item, or something, J.L.? Commissioner Plummer: It's the Coconut Grove Arts Festival and the only thing that is controversial is waiving of the fees, which we are not going to do, 'I don't think. Mayor Suarezs Oh, for the Coconut Grove Arts Festival? Commissioner Alonso: What item is that? Commissioner Plummer: 32. How much are the fees involved, Mr. Manager? Mr. Rodriguez: $7,285. The Administration recommends the closure of the streets and also the authorization on the selling of beer and pine. Mayor Suarez: I'll entertain a motion on those two. Commissioner Plumanerz I so move. Mayor Suarez: On the closure of the streets and authorization for said sai~ of beer and wine. Commissioner De Yurre: Second. Mayor Suarezs Moved and seconded. Any discussion? If not, please aal'h the roll. ~~ -,._ . ~~ , ~(1~ -'AOG4~~~~ 7 t ~~~~ _ . z ,~,. ~, w _= - The foiiowitsg resolution ivaA fntraduced bq Camraissianer Piutmner, rho moved its adoption: RESOLUTION N0. 89-1131 A RESOLUTION CONCERNING THE 1990 COCONUT GROVE ARTS FESTIVAL TO BE HELD FEBRUARY 17, 18 AND 19, 1990 IN PEACOCIt, MEYERS PARKS AND VICINITY, AUTHORIZING THE CLOSURE OF DESIGNATED STRRETS TO THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A TEMPORARY PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICBS; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF SAID EVENT; AUTHORIZING A THREE DAY PERMIT FOR THE SALE OF BEER AND WIND SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW DURING THE EVENT; CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY, AND UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AFBS: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOBS: None. ABSENT: None. Mayor Suarez: I would entertain, but I wouldn't recommend a motion on any funding, because we don't have any. It's not included in the Festival Policy Committee at this point? Commissioner De Yurre: He's been looking foz money. Mr. Rodriguezs Yea, well, fee waivers. Mayor Suarezs Fee waivers for use of the facility? Mr. Rodriguez: No, for the use of... Mr. John Joffre: Street closures. Mr. Rodriguez: Street closures and barricades and permits from the Parks Department, plus a use of the portion of the Exhibition Canter, the Cocoaut Grove 8xhibition Center, north exhibit area, so ae era talking together about " $3,785 for fee waivers and about $3,580 for the Coconut l3rove 8xhibition Center north exhibit area, so together we are talking about $7,285 and the Administration recommends it. Mayor Suarezs Would those facilities otherwise be used on the date is question, Mr. Assistant City Manager? Commissioner Plummer: Wall, you don't know, that's a loag time off, its February. ~. Mr. Rodriguez: Zt's toa earlp to kaow. Hapor Suarez: OK, any rootioa an asp of this? - J `r: ~,. Comanieaioaer Aa Yurre: i~-hat Would be oor coat of operatl.ag that fac~li,ty t4 ~~ th3a event? a ,, ~_' ~:j ~o~ ~~~,~~~~~ ~ ~ ~~~~ ..~ _~ ~~.~ ~, -~° },z _, . _. .. ~ .. ,~ „_ _: `; Mr. podrigue~s i beg your pardon? Cosss>tissioner Ile Yurre: bo owe have a cost? Commissioner Plutotner: It't3 not the facility, it's the outside grounds, they don't... Commissioner De Yurres We11, do pe-have a cost of maintenance or whatever? Mayor Suarezs Is there anything out of pocket, or is it just a waiver of what we pould charge for it? Mr. Joffre: ,lust a waiver of the fees. - Mr. Rodriguezs Waiver of charge. Mr. Joffree We paid... Mayor Suarez: Yes, the Commissioner seems to be asking a very logical question. Is there any cost to us, other than the opportunity cost of not - having somebody else pay for it. In other porch, any actual cost to us, out of pocket? Mr. Rodriguez: Other than ghat I mentioned, no. Commissioner De Yurre: And is the sad fn place going to he in place long enough that people can be trampling over it to a degree? - if you are talking about the front of the exhibition space. Mr. Rodriguezs As far as I know, it is the north exhibit area, phich I imagine ie the portion facing Bayshore Drive. I don't know if it includes the grass area that pe have finished sodding or not. i Cosffinissioner De Yurre: Well, I pould like to make sure that me exclude that because if ae've gone to the expense of .fixing it up, to have is a two months of festival,. it's going to put us back where we have to spend additional dollars fixing it up again and I'd like to avoid that. Commissioner Plummer: Well, if you're going to do that, let me tell you ghat = woe do with the Grand Prix, we do a walk through and video is the beginning, - before it's used, then pe go back and phatevser the cost of fixing it up,.,.it's- ~`. charged to .the individuals that are using it. Mr. Joffre: .Any personnel, we also pay for, we're not asking for... Commissioner Plummer: No, ghat pe are talking about is, you knop, woe... Mr. Joffre: I knop,.the destruction of any... __ Cosmnieeioaer Plummerx .Yes, ae just put all that and the problem is... of _= cours;e: you are..not until February, but pe've got all that new grass# and everything that's .just been put dope. and if any destruction Here. to come to that,..:you feould have to be responsible for replacing it. ~, sr ,_ - , Mr. Joffre: We agree to that. I also don't pant the asisuader:itanding that ~ this rental: fee is also £ar the use of the inside pf. the Rxhibix Hall,`tt~a ~ ='~ ~` north exhibit area. a, =.'~ Commissioner Plummets They don't use the inside. ~~ =. °- Mr. Castaasda: They are proposing this year to use the ~.nside sad thslt'a ~' ~thest .. . ~- _'. ~ ' Commissioner Plum+aser: Oh, L'm worry, th~ty haven't in the paa~, Lhstls ghat , -:~~ br, Jo#~re: Ho, that's something nee, so I didn't sat tq ba jai ~i~rss~ that it ' ; ;- wan ai~ays fQ~ the o~ataid@, but any asssosiaet~d cos~sts, ps~ssonzts~i `mod s13~, ve t _ ~" - "' paY the Oity omployosr~s. _~ . =" V~se ~layox De~r~cnss But :you want s tra#ye~ of reA~si ~~e f4~ the ineids2 ' ,;;~ .,, _ ~ . ~ .i r, - __ ' Rrcr 6 ~;, F ~` t 4 Mr. .?of f re s Solely, yes. Vice Mayor Da'Wkinbe But you rvi11 pick up the personnel? But suppose I pick up the personnel and you pay the rental? Mr. .7offre: Whichever way you want to go, Vice Mayor. Vice Mayor Dawkins: What's your pleasure? Somebody say something. Commissioner De Yurre: I'll :Hove it, provided that, qou knovr o-e are reimbursed so that all our costs are covered as far as maintaining that facilitp for that period of time and running it for them. Then also any covering any loss that we have because of any damage to the property. Commissioner Plummers That's fine with me. Mayor Suarez: So moved. is that a second? Commissioner Plummer: Yes, I second. Mayor Suarez: Second. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-1132 COMMENTS MADE DURING ROLL CALL: Commissioner Alonso: In desire to be consistent, no. Mayor Suarez: No out of pocket, right? Just rent waivers? Mr. Rodriguez: No out of pocket. Mayor Suarez~s -Yes. A RESOLUTION GRANTING THE REQUEST OF THE COCONUT GROVE ASSOCIATION FOR A WAIVER OF FEES, INCLUDING THE RENTAL OF SPACE AT THE COCONUT GROVE EXHIBITION CENTER IN _~ CONNECTION WITH THE 27TH ANNUAL COCONUT GROVE ARTS FESTIVAL SCHEDULED FOR FEBRUARY 17-19, 1990; FURTHTsR '. STIPULATING THAT SAID GROUP SHALL REIMBURSE CITY FOR ALL COSTS OF THE MAINTENANCE FOR SAID FACILITY DURING `~ SAID EVENT, AS WELL AS INDEMNIFY THE CITY FOR ANY LOSS ~ OR DAMAGE TO CITY PROPERTY. ~ (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: AYESr Comsnisaioner Dictor De Yurre Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOBS: Commissioner Miriam Alonso Vice Mayor.Miller J. Dawkins ABSENT: None. a _ -= wr. .~.~r ~ :.r ~ ~~ 41. (A) REAPPOINT OSMUNbO MARTINBZ A5 CHAIRPERSON OF THR BAYFItONT PARK MANAGEMENT TRt15T. (B) ALI.EG$b CRUBLTY' TO HOR385 ATTACHED TO CARRIA(~Fs3 AT BAY1~'R(~NT PARK. Mayor Suarez: Item 2T, Bayfront Park Management Trust request reappointmAnt of Osmundo Martinez as chairperson. Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner De Yurre: Osmundo who? Does it end with a Z? Commissioner Plummer: Mr. Mayor, dust that was taken care of at the last me reappointing Martinez as the chairman. start showing up on time... Mayor Suarez: Some people say that groups of this community, but we won't for you edification, the second part of eting. Only, what we are doing here is And I told him .yesterday if he doesn't is a characteristic of certain ethnic go into that. Commissioner Plummer: Mayor Corrigan, we will exclude those statements. Mayor Suarez: Do we have a second on that? Commissioner De Yurre: Second. Mayor Suarezs Seconded, any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION N0. 89-1133 A RESOLUTION REAPPOINTING OSMUNDO MARTINEZ AS CHAIRPERSON OF THE BAYFRONT PARK MANAGEMENT TRUST. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following votes AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins _ Mayor Xavier L. Suarez NOESs Nose. _ ABSENTa None. Mayor Suarez: ~Ira,`before qou leave, how many horse carriages do you have 3n 8ayfroat Park sad how teeny do you plea to add? Is it just going to Wort-oP grove on to the pout that you won't be able to use that-bay walk anymore for '°" the horse carriages, or what? Mr. ire ~Catz: No, Mayor... Mayor Suarea: I almost gat rue over by a couple og them aad ao dill a l.~t o~ _ other pe+aple oa the night of the llghtiag o~ the. Cktt'isl~mae treA, or Satur+d~y. GotrttaiseiQat:r P~utmaar: We txedi ' ~ . - ~syor 8umra~: A~ the it~structioa _~~ J~ L„, s,ne ~~ tt~pm a].tnQat ran a-e Qver, ~ - Did 1 nox~ce as~rroct~.y that you hove dour oar a o~ca~io~a ~-etr th4rp4 ~ _ <. _ . ,} ' , '.~~;., ~ ti F ~ d - = - ~ ~ ~ a 1 s - ~ s Mt. Katz: No, Magor $uare2, to mq knowledge there is onlq three, but I'll be glad to investigate it and get back to qou as soon as possible. Magor Suarez: Well, for one thing, if there is more, you should be getting paid more. Isn't that being... Mr. Katz: The contract calls for the use of four different carriages, but only three at one time, but i mill... Mayor Suarez: Three at one time. I could have sworn I saw four et one time and you lcnoa... Commissioner Plumeaer: Were you sober? Mayor Suarez: Somebody better keep anq eye on the traffic flow of those carriages; also on the care of horses, I don't know if the rest of the Commission has gotten as many letters as I have from people complaining about the care of the horses and I do note that there way of giving water to the horses ie to have one big trash can there with water in it and that's where the horses get their water and I don't... I'm not an expert in treatment of horses and so on, but somebody better make sure that we're not in a situation that there is cruelty to those animals. Mr. Katz: The Humane Society came out about six months ago and did a full inspection of it, make sure that theq had proper shoes, adequate water and the necessary needs and they improved at the time. Mayor Suarez: It's kind of a primitive way of horses getting the water from this one trash can there, but anyhow, I'm not really an expert, I don't know how to do that. Maybe J.L. is an expert on that too, I don't know. , NOTB FOR THB RECORD: At this point, Agenda item 28 was called for " discussion. The record was marked to reflect no appearance bq - _~ interested parties. NOTB FOR THS RECORD: At this point, Agenda item 29 was called for - discussion. The record was marked to reflect no appearance by interested parties. ~: -~: ~ . s L --- - x ~~ 42. APPROVE, IN PRINCIPLE, CONCEPT OF UTILIZING TAX INCRBMSNT GBNBRATBD BY ~ THB PROPOSED NBW NASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFBRH,TdCB, ~` ` INC. JOINT DBVBLOPMBNT : HOTEL PROJECT/MUNICIPAL. LOT 10~ $'OR:.-~THB 3 DEVELOPMENT OF THB PROJECT - DIRECT MANAGER TD R$PORT ON HOW` TAX ~ _~, INCREMENT FUNDS MAY ASSIST IN THB IMPLEMENTATION OF THE PR0J8CT IN - .. , ~; SOUTHEAST OVERTOWNJPARK WEST TAX INCREMENT DISTRICT. - ,: .. ~ ~~ m ~ ~~ _ %` Mayor,. 3uaxez: Item 30, New Washington Hei$htA Community Deva~.opm~nt ~, :~ Conference requea~ts approval of utilization of tax increment nonl•s do b~ ~°` ~~ $en4rated by New-Waahin$tan Heights.. ~~ r Vice Me-yoF Dawkins: They are mat here. -- ~ Mayor 8uareg: They've gQ~e away As papmemt to the loa$ tea i+~~ae ~r~ ~' .. anss~icipi :lot aU+nber l0, What daRa this eotm~l.y Ase: ~e $pi.ng ~ get a sport ;- ~ ~ - 1 ' trna~ tMs liat~ager-ox st+~ft, AasiAaat ~+~u-ager~ an• ~h~.e? ° .,, ~ . , ..L ` { `, : ~#?~' D~os~t~~r 1, iP$'~ ~~~ ~ ?~ ~ . - -w Mr. Rodriguets Mr. $ailey wail respond to that. Mr. Bailey: I think, Mr. Mahar, if it's appropriate, we'll let Ms. Bell make her statement. Mayor Suare2s It's essentially their proposal., not ours, at this point? Mr. Baileys Well, what happened, a few years ago we were directed by this Commission to find a site for New Washington Heights to build a hotel. At one time, it was considered to be one of the Overtown sites, but they were not a successful bidder, we came back and this Commission told us to find a site. We subsequently located a site that is owned by the Off-Street Parking Authority. They put it out for bids with the exclusive purpose of having New Washington Heights bid on the air rights, because they were going to build a garage. The garage part fell through because the State funding did not take place. However, the proposal that was submitted by New Washington Heights still met all the criteria for giving them to have the sir rights, so we were discussing whether or not air rights meant anything above the ground, or anything above the garage. However, with several meetings with the board of directors of the board of Off-Street Parking, it was determined that her proposal was still acceptable and that she could be permitted to build on that particular site. Now, the problem is, the UAP was issued by Off-Street Parking. The land is also owned by Off-Street Parking, however there is I guess an interlocal commitment, - that's a good word for it, - between Off- Street Parking and the City of Miami to jointly get involved in bringing this whole development to some state of being, I guess, and some state of getting it started. One of the conditions from the board of Off-Street Parking was that she secure permanent financing. She has secured financing for the development. We have in our posession a partnership agreement that proposes to provide the financing for this. The problem we have is that we committed to deliver the site at no cost. However, it was not intended for the site not to have costs associated with it, so where we are is that the Off-Street Parking is willing to deliver the site at no coat, but there will be some lease cost far site as we do other properties that we put out for bid. So what we have discussed and what we would like to propose, in order to carry out the previous. mandate of this Commission, is that the City of Miami enter into a lease agreement with Off-Street Parking and that we would pay. the _ market rate for that lease from the tax increment that comes about as a result of that development and that we would then sublease the site to New Washington Heights and partners at market rate. Now, what does this do? You would say maybe Off-Street Parking could do the same thing, but the problem is that we cannot go out with the UDP because it requires more than three bidders, x moan one bidder. We can, there is some precedent, by taking the tax increment that is .derived from the development and using it to pay the cost for that development. We did something similar, but not exactlq the same way with the FBC when we widened off West 1st Avenue to build the Grand Central, it wao -- just the reverse. They loaned us the money, and said they would only. get paid -fi;, back after the development had started and taxes would accrue as a resuit of > that. So, in our discussions with New Washington Heights and their partners ~: and Off-Street Parking, we have concluded that this is perhaps the only vray in which we can deliver this site in accordance with what we originally committed ~` ourselves to dd. x; ~: . F: Commissioner Plummer: How much? Mr. Bailey: The market value of it, we don't have the appraisal-price of it ` yet . _ ~~ Commissioner Plummer: How can we approve any allocation of funds without _ knowing the amount? ~ .~: ~, ,' Mr. Bailey: We'ze not going to approve the allocation of funds, .as're ~ just trying to gat... _ Commissioner Plummer: I can't go for concept without.kaoaing the`aa-oumt ;I _ mesa, what is the potentiai amount? Mr, Bailey: There will be market rate based on their ~appralsai, ,. . Commissioner Piucmner: That doesn't tell me anyth#.nq# ~sb. Ar, you . P i talking.., I moan, I have uo idea .what the potental.a. 1~s yo~~.talkia~ about lea aents~ ten dollars, ar thoueamd dollars, ex#;~.? ,~. ~ ..~ ~~$ ~aos~b,a~ 1, l48~ ~: { Mr. Bssiieys i'l1 let Jack Mulveng who manages the site for Off-Street Parking address that. - Commmissioner Plunn'ners He's a bandit without a mask, so... Mr. Jack Mulvenas Jack Mulvena, executive director of the Department of Off - Street Parking. We don't have a current appraisal, but the GSA building, which is projected one block adjacent to us, I believe is in the neighborhood -= of that $60 a square foot, so... Commissioner Plummer: We're talking about a lease, right? i Mr. Mulvenas Right, you are talking about a lease to the value of the _ property over a period of time. - Commissioner Plummets How many square feet are there involved? Mr. Mulvenas Basically I think you are talking somewhere in the neighborhood of four to five million dollars for the property. I don't have the exact square footage. I think we've owned it since the department has been in existence, since 1950'x, somewhere+ ~~ Commissioner Plummer: Is there anything on the land at this present time? - Mr. Mulvenas Just a surf ace parking lot. Commissioner Plummer: And how much did you pay for the property. ` Mr. Mulvena: Like I said J.L., I'm not certain that you know, there was a value on it. At the time it came with the Charter. ~~ Commissioner Plummer: I'm going to be reluctant to vote on an allocation, eves a concept, without knowing what the potential amount is. I think you've got. to know what that ia. Y'ou know, the concept sounds good, and it sounds easy and painless and all of that, but I've got to know for one, what we are talking about in the potential amount of dollars, I can't allow what happened when we gave the County the right to go in and fast take a piece of property, 4" a; and God knows what happened to us. We had six to seven million dollars. Mr. Mulvenas Like I say, J.L., all I can share with you is that the comparable in the area was $60 a square foot. I don't have the exact square - footage, but you're talking about approximately 60 percent of the City block, is what the... Commissioner Plummets Well, if you are talking a low figure, you are talking •~; about four million a year, four million dollars, which would be ten percent a - year.. I think that the norm on a realty lease, as I understand it. ..That's $400,000 a year. Is that correct? I mean, you know, that's in the ballpark.> Mr. Mulvenas Well, ballpark, that's rather .accurate. ,;. ~` Commissioner l'lummers Now,-where is that mossy going to be reimbursed? ~r': Mr. Mulvenas Well, this is why I believe the it is not just a wimple ;~ transaction. If they ~-ere coming to us and you knout, ore are required to get {~' the value of the property back, I doubt whether New Washington Heightp Development ::Carp. .:can a#ford, -even spread over. a period of time $4p0~000 a ~ ~~ - year. If they cam devalap their project and have tha tax iACremla~:.th~t they ~ ,Y ~` g4aerate, is othex• word, -the. only money - that would soma balk - arout4d ~;rQuid . be ,~ the ,, mossy .the proj eat generated, vrouid be returned to ..the pep~tzrtmsaat of - Q~~~ e ~~ - Street Parking. QK, then they could afford.:. the project. : ,By tie WAy, ,#nd th+~ ~, board - has been. vexy flexible. They would eater. into.: a ~,eese . either wi~t'b ~ tlae ~'' City or rr~th New Washimgtoa heights, brut ~raakly, without tbs<< tax..,i~cr~eAt that kris quad would Banerate, I ~m Aot certain, tullt~ s . Ja+ckle eo~ld, speak ~ Q _ it, trhetber they could afford .the pxojeat- oa thei.r ~n rtgh~ wax#out, tl-e ~~ = ` advantage. It is sot very straiRbt torwaxd, like etitb , us; • ~ ~+- +~rs. `de+tl~Lu& ~._ ~ your are xight, it ~is is Lhe ~s~:~ghba~ood> Q# abort directly with them. gut _ ,_ , ., .. ~9SQ,OOp, $4QQ,t1pQ over.. a period Qf dime. ;.: ~;, ~:, fir, S~lleyr Tbis is is the Qvartovra~/~~-r~c Wo+st ~adsveleet Al~grl+gt..aad ., his . _j ~u ~, uQt ~nusu+~l, , ~-bat Ne sue doss with AAy ether blocks o~ pr,op~rtles that ~s is ~ , : i ~ ~' ~ ~~~ ~l~414b~i° ~s ~~~~ S ,:. - • 4 ~ ,, __.... .. L - - _ :.. p ~_" j ~ - - n ,~~ _~ - ti--~.-nt . - - --_-- - - - _ _ _- - ~ ~ have acquired, ahen ae've put it out for lease to have improvements put on the land and our leases reflect that ae have cases avhereby in the first four, five, maybe even ten gears, the amount of return is very sn:a11 because ae give the developer a Chance to create an income stream from the development, to generate market, and ae do shat ae call a flea lease. However, in the iotig term of the lease, you still get back market value and ae do that as a matter of being in that particular protect area. Off-Street E~arking has a little problem dofng that because they don't have the same resources that ae have, so.,. Commissioner Plummer: Isn't there a big difference here and all of the other projects that's been housing? This is a hotel. A hotel will expect to make a profit. Mr. Baileys Well, we've got the arena and ae are looking for mixed use development. Commissioner Plummer: No, no, that's not my point. In all of the other projects that I know of that have taken place in that area have been housing. Mr. Bailey: It's been housing, you're right, with some commercial space provided within the housing. However... Mayor Suarez: Provided, but not yet really a reality, but it's basically housing. Mr. Bailey: No, it's not yet, but it is being constructed along with the facility, even thought it is not leased at the moment. So, shat we are proposing, is slightly different is that we didn't go out and condemn or either buy the land and put it out for bid, the Off-Street Parking did it, aad we're lust trying to affect the same consideration for New Washington Heights through a lease process as ae would if we had gone out with a UDP. Mayor Suarez: Are we in a position to approve this conceptually or hoe, Commissioners? Commissioner Plummer: Well, Mr. Mayor, I still think we've got to know shat we are talking... chat's the ballpark number. I realize it is not cast into stone, but are we... well listen, if I could ask Jackie, you knoa, shat about the permanent financing? These things have come up before and fallen through before. Is there permanent financing in place? Is there a commitment from a hotel to operate? I think these are all Questions that have got to be answered prior to, you know, talking about the dollar stream. Ms. Jackie Bell: I wouldn't be here today asking for this if I wasn't readq, J.L., back... you know, this is ten years later. OK, this protect has been going on for ten years Ma 9 1985 o d d h - y , , y u secon a t o motion. that Commissioner Miller Deakins made for this body to go out and find me a piece ~$ of land for this hotel because they gypped me out of the land is the Overtown/Park West. Remember, the Dade County Commission gave me the j development rights of those four blocks that is now with Bill Sawyer a~t-d all of that? They gave that to Nea Washington Heights-through the maaaga~nent of ~., ` Howard Garp and Herb Bailey, they west to Dade County Commission and they got ~ . ` r it away for.. . ~ Commissioner Plummer: Where are you today? •- ;' c,~ Ms. Bell: Wait, wait, Lust listen, because I'm upset too. Just liataa, OKT ~:~ And one of the priorities in that four blocks was... one priority was a hotel ~ project to go on that land, OK. That" a hov you gci; the' `moneq from the t*edexai `; government to buy that for $6,000,000. Well, they went to the Dade County ~, ~ Commisaioa 'aad they talked a good game aad they gave the City of tilam~.' tbs } rights to put it out for development with the condition that one block of> tut land belong to New Washington Heights at Ao codt. We bid, ahea they puG°N It ' -, ~ out for b3da, we bided oa it two seeks before it was to come to this. - Commission, we came down here aad you all sat thew, aad you go back aad;;g+a~ , the records, 2 can pull them, because T era holding the tiny 9tb rdsolut~oa, aid you all acid, don't worry ,Iaak~ts... Haurice, you, aad Miller, aad wtta alas xhe Qther oaa area, "Don't worry, ypu we got xhs t~atel lead, N April l lth.: , ~ ; , , C+amdtssi.oaex Plummex's Jackie AOw,` 9Pa~~ ~ a1lAUte, bs #onas~. ~sll tl~e rat o~ ` -~~ . the' btox~y, ~rhy` you didn't Est lt. :. G > :; .. - ~ ~_ ~, ~ ~_ --~~' ! ~~ ~~~~~ahsr ~ ~~~~ ' - , ~ ` ~.> > , :~, ;a . : ;, T .- . ,. r +~ s Ms. Bell: Ye9, I'm telling it, wait, wait, hold it! April 11, 1985, when all of the development came to the table, the piece of land that we sere proposing to put the hotel, Bi11 Sawyer, with Circa, Barnett, Sawyer had those three blocks. OK, because Bill Sawyer was a part of that, you all sat and said, "Well, we can't take this man's land and give it to you, but what we are going to do, Jackie, is we are going to work with you." Mighty funny, that whole protect has petered out, theq ain't done nothing. We continue to move, came back, you all brought me back May 9, 1985, Miller Dawkins stated and I'll give each one of you a copy, I've got them with me. I brought them. Mayor Suarez: Yes, and I don't like to be reminded of the past when someone else was sitting at this chair, but I guess I must, painfully, in this particular case. Ma. Bell: And I apologize, I don't want go in the back, but T'm here today because today I have a partner and I am ready to go to do what I have to do and I will break ground if you finalize this today, sometime early, as soon as we can get the architects and all of that on board. The Citq Attorney has met my joint venture partner. The Mayor has met mq joint venture partner, so has Commissioner Dawkins. So have all of the City of Miami staff who have worked with us. They have met him, he's ,just in Cairo today. He was here until last week, if we have come when we was hoping, you would have had a chance to meet him. But today, what I need for you to do is to keep your word. We're not asking for anything other than the taxes that are going to be generated by our own project to be utilized for the long term lease for Off-Street Parking. That is all we're asking. Commissioner Plummer: What happens to the... well, let me go back, because I take a tone in your voice that... Ms. Bells I'm just nervous, that's all. It's a nervous thing. Commissioner Plummer: OK, but let's also remember Jackie, that what you have stated is very true and the minutes you've surrendered are very true, but they are not all here, I was here, OK? Ms. Bells Yes, you were. Commissioner Plummers OK, and Jackie, how many times did we go to the sell for you... Ms. Bell: $very time I've ever come here... Commissioner Plummer: When you were based and predicated on getting State monies and you didn't get them. _' Ms. Bells Bvery time I've ever come, J.L. ~' '~ Commissioner Plummer: And that was the reason, nothing else, that was the t reason we said if ou y couldn't get those State monies, then we could not make ~° a pledge to you. How many times, Jackie, in tea years, did we give New '•' Washington Heights $50 ,000 a year to keep you alive? Ms. Bells Sixteen, J. You have, every time I've ever some. ,~, Commission er Plummer: Let's make the record clear that this Commission didn't do you in, not at ail. s" ~, Ms. Bell: No, no, no, I didn't say that, Commissioner Plumsaer. Commissioner Plummer: 0K, no, no. ~: Ms. 8e11: No, no, I didn't say that, I didn't say this Commission, 3 said ~ this Commission said they must find that land for me. ~ Commissioner Plummer: OK, now let me ask this question, ~te~. Bells Q1C. Comaal.asioner Pluaamex: Note o~ you, pf Herb. This triad ~-~ cs~~cept, ~ t '~; u~deretand what's being asked Por hero. Who ie the rooipieat o~ sY}y pa~~~t~ '; , that could oz could not be wade in this end¢avor, • l l1 ~~c~~hi~ ~, a 1ii89 . x i ~. Mr. Bailey: I'he profits from the... Commissioner Piummers From ttte operation of the hotel. Mr. Baileys Froth the operation would go to the developer. Commissioner Plummer: And the developer is who? Mr. Baileys The partnership that has been put together by New Washington Heights. It involves some investors that are overseas, I believe. Commissioner Plummer: OK, and what are those profits going to be used for? Mr. Bailey: Well, if profits if any, are for the operations and the normal profit going to the investors. I understand from the agreement that 30 percent of the equity ownership will be New Washington Heights. Commissioner Plummer: What will they use that money for? Mr. Bailey: For normal business purposes. It does not come back to the City, it does not go to any other... it's like any other business. When they make a profit, they use it for the purpose of that particular business. They paq their taxes. They hire employees. Commissioner Plummer: No, they are asking for the taxes to be eliminated. Mr. Bailey: No, they won't be eliminated, no, the taxes won't be eliminated. Commissioner Plummer: The lease, I'm sorry, through the tax increment. Mr. Bailey: Tax increment, theq will have to pay taxes, because those taxes would be used to generate funds to float bonds for which we use to pay the lease. What we are asking for and I understand where you are going, I just want to clarify one thing. The only thing we are asking for todaq and all this is predicated as to whether or not this would pass the legal test as it _ relates to the Charter for disposition of City land, whether it passes the legal test with the Off-Street Parking and what their attorney would happen _ to be our City Attorney, we'll do and we are working with that. But in order for us to get to that next point, the board needs to know the position of this Commission as to whether or not that this concept is something that we can present to them in order for them to go to the next step. There are sotae questions as to whether or not all of this fits within the Charter as relates to disposition of City land and even a sublease, I have just been told by the City Attorney, is considered to be a leasehold interest owned by the City and J has certain guidelines as to how we do it. So we just want to get to the next ` step. ~` ,, Gommissioner Plummer: Let me ask you the other side of the coin. If for whatever reason this thing comes to opening the front door of a hotel and it goes defunct, where is the City? ~` Mr. Bailey: We11, we still have the lease. Ths land will always... Commissioner Plummers Yes, but-does the land and building revert back to the City? _ ~; ~' Mr. Baileys The land doss. ~, ~. ~, Caamaissioner Plumtasrs What about the building? . ~: Mr, Baileys It belongs to those who f lashes it aiad whatevex mortgages th~:t' are held in front of us. We only havethe leasehold for the land. The' "-~_ financing of the building, me have no involvement. .. Commissioner Plummer': And you have as idea shat tho tax iaaremetat ao~s~d •!~ amount to? Mr, Baileys ' Weal, lays say... ~ > • , ' Coma ~.asioner Pic~tters Tot tl~e lea~ae ncp. _ ~~ r ~ 1~~ .. pll~~~-1a1~ 7• ~~4~ 5; ~.; . , . ;.. ... ..:. . ~. ~r ;,_ Mr. Baileys No, the talc increment. - Com~niesioner Piucmner: What's the tax incrernant going to amount to? Mr. Baileys Well, that's the land... what's the total project cost Ms. Sall: The total project cost is $20,000,000. Mr. Bailey: $20,000,000. Commissioner Plummer: That's including the land? Mr. Bailey: Not including the land. Commissioner Plummer: So we are talking $24,b00,000 or $25,000,000? Ms. Bell: No, we are talking, including the land, $20,000,000. Commissioner Plummer: Oh, that's what I asked, you said no. Mr. Bailey: Well, the... ~a> Me. Belle That's what Herb answered. I answered yes. Mr. Bailey: Well, to get to his question, though, that would be no taxes on the land because we own it. The taxes will only be levied against the improvement, so we are actually talking about the cost of the improvements in terms of answering your question, how much was the tax ... Commissioner Plummets So it would be $16,000,000. ~ Mr. Bailey: Whatever the improvements are and we are looking at about 17 . mills of that being thrawn into the tax increment fund. = Ms. Be11: It would run about $290,000 the first year and five percent K ~~ thereafter, is estimated. -~ Commissioner Plummer: How manq rooms are you contemplating? Ms. Bell: Two hundred seventeen. Let me explain. what the whole. .. z Commissioner Plummer: Wait a minute, wait a minute. You have a coma-itmeat ,' f f tom a major hotel chain. Who? - ~~ Ms. Bells Yea, we have everything... Commissioner Plummer: What hotel? Ma. Bell: Our joint venture partner owns an international hotel franchise... Commissioner Plummer: And what's the name? J ;~ Ms. Bell: Monsieur Interaationai. '~ Commissioner Plummets Monsieur? - ~: ~;; ~' Ms. Bell: International of 8gypt. ~ ~ Commissioner Plumsasr: Do they have any hotels in the United Statsa. y r .1" Ms.-Bell: No, they don't have a-hotel is the Onited States, but they do~havs~` ` fi. a; recreational center in the United States in St. Petersburg. ~ ~ v~'' ~' ~~' Commissioner Plummets And he is goittg to be 70 percent? -; : ~ - Bella Yes, sir, and we have 30 percent awpership of the ~aa~age#asAt 4nd $Q Mo . = ,. . .. percent ownership of the construction.' ~ '~ . ,`, , ; l ;. Coasmisslonar Pluam+er: Ia there anq kl.Ad o~ a thing Lh+nt cQUld ~~ worked .out, . '~ zl~. ~. .: H.rb, -, if this .thing ° is a go ~ts~n vrth 2yt1 ` s4~as? ~ ~< ~.~ , .~ r ~ , -...~ ~; -~ ~, T ,,y ~ ~~ D~-s~~~Rbex ~ ~ 1~~+~ .r _ ~ ~.~ . - ' , ' ,C ~. _ • a Commissioner E'lununer: I'm sarrq, 217, 200, whatever the amount. If it is to make a profit, that amount of subsidq could be reduced. Mr. Baileys Well, the aaq we structured the lease, and that's shat we mean when ae flex lease, the payment on the lease then graduate. We could be getting it in terms of increased lease payments for the land. Commissioner Plummets But how long would this tax increment be in effect? Mr. Bailey: Wel]., if ae incur indebtedness, the whole district aould be in -= effect for some 30 gears, depending on if ae go out again, it might be 30 gears again, so it's in effect for quite some time and the oniq thing that we're doing is that we're making them paq for the financing of the site by - developing on the site and generating more tax revenues in the Citq. Commissioner Plummer: But they are not generating, that's the problem. Mr. Bailegt Well, they'd have to pay taxes whether they make a profit or not -_ and when the moment the development, they got a certificate of occupancq, then the next tax period, Dade County will ... ~ Mayor Suarez: Yes, the property owner would have to pay taxes, but it is not -+ clear that it could be this particular property, owner, because it conceivablq aould go to foreclosure. Along the same lines, what if it isn't a go item? ti; ,~ ~: _:'€ ~~ ~j E; i:_ Mr. Bailey: Well, the Off-Street Parking... Mayor Suarez: What happens then? What is the on-wind provisions, now that eve have that term in our City contractual... Mr. Bailey: The profits still belong to the Off-Street Parking and they can dispose of it in anq fashion that they see fit. Mayor Suarez: How much time do ae have to detRrmine if Jackie can pull this off? Mr. Bailey: Well, we will, if qou approve of this concept, we sill go back to the Off-Street Parking Board and discuss this concept and I think that ovould be satisfactory to them to indicate that that is a commitment from the Citq to support it. Then ae get into the legal interpretations and ramifications as to how ae can proceed with this if we can. Mayor Suarez: One other question. Have we thought about the possible assignment of rights and shat that imply by this particular entity, Nea Washington Heights, to other entities and what implications that would have? Mr. Bailey: Our leases are nonassignable. Mr. Bailey: The leasehold interest... Mayor Suarez: What happens if they do assign it? -What is the default provisions on it, that you have envisioned? The property reverts back to us? Mr. Bailey: Well, that's a violation of the contract then. We have ail lega~,- remedies on that. Mayor Suarezs Then that could typically bs it I guess, that Me somahoa ~rouid be able to gain back the property. Comtniasioner Plum-ners See, I guess my area of concern comes here, agd o4w~,i ~~~ am thinking on the positive, that it's a success. OK, I am-saying i am , thinking on the positive. 1 Ms. Bell: It is going to be. Mayor Suarez: This is isaportant. It's an important mwnect is the +Citp'.a history hers. ~ ~ giving them incremental taK to the tune of $350,400, which we still got to _ provide the municipal services. Mr. Baileys Oh, they will pay us back. He don't take all of this... Commissioner Plutamers OK, tell the where? That's I guess, what I cant to hear. Mr. $aileys 'Well, they sill have to pay their ad valorem taxes oa the property. On the improvements, the... Commissioner Plummer: No, no, no, the approximate $350,000 a year that will come from the tax increment to paq for the lease, where does the City get that money back? Because we'll still got to provide the municipal services. Mr. Baileys We don't. Comraisaioner Plummer: But you see, this is a profit making thing here. That's where I've gat... something's got to balance with me. Mr. Mulvena: Well, qou are very familiar with our Enterprise Fund, J.L. In this instance if we had a revenue stream of $350,000 or $400,000, it would fold into our five year plan, which would allow us to take that $k00,000, for example, or involvement in the Latin Quarter Specialty Center, we were involved in the arena parking. That does get translated into some utilization for the City and you OK the five year plan as you know, every year. Commissioner Plummer: Jack, qou are getting ahead of the game. R-- Mr. Mulvena: Yes, but that is what we do with the... Commissioner Plummer: What I am saying is this and somebody's got to explain to me where the City is getting a fair shake. Tax increment, if what I am uaderstaading, is approximately $350,000 a year, on that pro3ect. Is that in the ballparkT Mr. Baileys Yes, that's a good... _j', y: Comsaissioaer Plummer: OK, in effect, to me, that is subsidy; because we still got to provide the municipal services. Where does the City get that $350,000 back, somewhere along the line? I mean, there is profit being made out of ~ this. - . Mayor Suarez: It doesn't. It would only be then if there were other projects; that mould somehow be fostered by this one that would produce more taxes.'= But you are right, and that's why it is 'so key to limit the creation of tax ;~ increment districts and that's why we are all very leary of... ~: ~: Commissioner Plummer: Well, you know, but here again, let me state for the _ record. my =position. Housing, we'va all gone to the wire for, OK? And yss; ~, there are profits being made. I am sure the people that west in there gent. in~ _ there to -make a profit;- but this is not housing. That's where my difgerea~e comes. Temporary housing, I guess you could at bast imagine.. I'm sagiag is, f} that in effect, we are subsidising a for-profit organization. Wheys do wee _ -':= providing still the services; get the money back that the City lost during s' that period-of time? Somebody's got to answer that for ms. Mr. Baileys Wa do that almost is every case where you have a=redevelopment district and you do it for the long term. .Very seldom do' you `get a-nyshort ~. ~; ; , range 'of terms is a redevelopment district and the rulo of thumb' ~s that you . ~" are looking 20 years out. What will it be as a result of this. nativity, five, lea, =fifteen, twenty years from today and how will our tax bass be enhanced ~~ ~`' because of it? -~ ~. Commissioner Plummer: Herb, that'® not the way I't>1 looking at it. =: Mr. Bailee: It's creating value. .;> . -' Commissioner Plumn-er: Let me tell yot~ ' how I'm looking n~ it, ~ .;Based es~ . ' - $3~O,OQ4 is den yours ~re've paid fQr the prop+~rty. ~foo . a~s~ t~~.k~a~ abut _ - ~,. f~v -~. 9 ~- ~ _ ~ g ` L -- ~ ~. ~., Mr. Bailey: But, if you look... Commissioner plursuners Sievers years. Mr. Bailey: ... at the way we... the incretent, the increase in value is going up, especially in that particular district. When we started out one million below the line zero, and nos we are quite subsatantially above that. As property values increase, so does'{ the tax base for the whole area, so you may be generating five, ten years for now, far in excess of $350,000. Commissioner Plummer: Why would the City not be an equity partner? We are in fact... Mr. Baileys We are an equity partner in fact that we have an absolute stream of income from the lease which graduates in accordance with the way we do them, which is sort of flexible and it works with the income. Commissioner Plummer: And how much of an equity partner would we be? Mr. Baileys For whatever the value of our lease is and the only equity we get in terms of cash is the payment on the lease. That is the same situation we have with the other projects. -~ Mayor Suarez: That really isn't an equity partner. Mr. Bailey: It's not an equity partner, but in terms of how he is talking about it. - Mayor Suarez: More like a landlord. A landlord, that is, is going to get paid back with the future tax increases in the very property that it is leasing. Mr. Baileys At no risk, so to speak. Mayor Suarez: Herb, and really kind of a long the same lines, and to use his -_ comparison to affordable housing projects, we once gave mortgages to builders, nonprofit builders, Commissioner Alonso, and one of the things that we did there, is that I think it was a motion made by Cosasnfssioner De Yurre and the rest of us went along with it, we said, "Wall, we want this to fly, we want this to happen, however, eventually we want to get some value back for the use of the land." Not all that different from this situation and we said for the first ten years, there will be no return to the City, essentially. In this case, we are saying for 30 years the only return to the City will be the tax increment which would be ours anyhow. How about that possibility, Herb or JackT Have you contemplated, like an abatement for tea years and a _ reevaluation at the end of ten years that would say maybe we are in a position of having fostered a very profit making project, hopefully it will be profit - making and the City will be in a position that it wants to regain that project, or have an equity position at least at that goint and by giving, -~~ guaranteeing 10 years with no payment other than a tax increment, we have made - - a viable, but you know, what if downtown and that area skyrockets and this thing becomes eminently successful and all we are getting is rent payments, which are our oars taxes? <„,; Mr. Bailey: Well, that works is all of the leases that we have in Oaertoonf ~.' and Park West. At a point in time, and that's what I said when we give flex ~~;' leases and those leases area adjusted out in a period of time that correapoAds with what we think the income will be and the profits of the project ~rill~be ~; '° and. that will be a time from which our income from the lease sill far exceed what it is in terms of our costs to pay back the bonds oa the debt. ~~ ~ ~. ~.' Mayor Suarez: Oh, you have a sliding scale. ~ - ~` Mr. Baileys It is sliding scale leases we have. ~'' Mayor Suarezs ... lease payment concept.. . l~r. Bailey: Yes, and they are all that .way and that's different frs~ t1~ takes we get... The lease revenue is separate and apart from the tmx ~ev9at=e ." -. ` that cotaes in to the trust fund. r: ~;. - .a. ,:_ :, ~~6 D•e~t~ha~ ~, ~AS~. ~; ,, j , ,; ,F.A ~ ,: Com:aissioner Plummer: It's tao different pots. Has there been a financial ptojection done? Do qou hens a copq of it? Go ahead, angbodq else have questions? I'd 3ust Like to read this over. Mr. Mulvena: By the way, excuse me, if I may. J.L., while you are reading that, there is a payback that our particular board is comforted bq in this project that might be some secondary comfort to the City Commission. As yad know, we are in the business of building parking garages and providing public perking, so that when a project comes along as this one dose and it says, ive will build at our cost 500 spaces of parking that will not only support the project, but be guaranteed to be open to the public, it means then that the arena is serviced and anybody in that area. So naturally, it allows us then to save what would normally be a seven to a ten thousand per space construction coat. So our board is a bit comforted by getting back the land value, but where we are now providing about 200 spaces of surface parking will be generated to 500 and they'll still be made available to the public. As a matter of fact, they are suggesting that the Department of Off-Street Parking manage the garage, which... Mayor Suarez: How many would that hotel need for itself? Mr. Mulvena: Well, you know, if other hotels down here are an indication, it is not a big... Mayor Suarez: Yes, they are. Mr. Mulvena: It is not a big demand on the garages. More people do not bring their rented cars into the garages, frankly. Intercontinental, Hyatt, qou know, it is not a big demand. Mayor Suarez: Do you have any idea how many per room typically that they provide that they need to use themselves and allocate for themselves? Mr. Mulvena: I'm not certain at the top of my head. There are requirements. Ms. Bell: Point five. Mayor Suarez: Point five? Ms. Bell: A half a space per room. Mayor Suarez: Per room? Ma. Bell: Yes. Mayor Suarezs So in this case if you had 270 rooms...? Ma. Bell: No, 217. -~ . Mayor Suarezs 217, so it would be a little bit over 100, sad you already have surface, hoe many? ~~` Mr. Mulvena: There are about 200 surface spaces. ;,,- ' Mayor Suarez: And you would be able to retain how many and you'll be able to *4 build altogether how many under the concept? _µ Mr. Mulvenas Well, they are suggesting build up to 500, 400 some' to`500 spaces. ~: Ma. Bella 435, but that coat is going to be borne by the project, not by Off- Street. Off-Street is not building it, we are, so because we knev- that they had a... their charter says that they must have public parking and to satisfy that gor them, and this... V.... !..__~___ •.J ~___ ___._• ~ i • Mr. Mu1'venas yes, and when we manage a garage that ae turn over the profits wherever we are managing it, Bayside, the Citq, so what we mould do is take a management fee like we normally do, which is a percentage of gross. Mayor Suarez: I'm just trying to figure out if it's profitable, as qou say, qou end up with an extra few hundred parking spaces, does that profit then also in effect goes back to the City or not, and you are saying no, because you are only going to be in a situation of management. Mr. Mulvenas Right, exactly, and we can negotiate what the fee is. See, the other again, is maybe a tertiary benefit. Aa that area develops and the State builds its garage, which is projected to be 1, 500, and if this project goes forward, which is 500, qou now have an inventory of 2,000 garage spaces within 750 feet of the arena, and by our judgment, you've already met the necessary requirements that the NBA, or anybody else needs. You know, at sellouts, you are not exceeding more than 3,000, 3,200 spaces, so, but there are some other benefits again. I'm only offering this because the comforts our board because we're in the parking business and I'm trying to address J.L.'s concern that what kind of secondary benefits does the City get out of it. They inadvertently help the arena, they provide public parking and in a sense you're meeting an obligation, I suppose, since this goes back some to the New Washington Heights Development Corp. Commissioner Plummer: Let me understand if I understand correctly. From what I see the first year is net operating profit based on a 60 percent occupancy is one hundred and eighty-nine thousand. That's first year. To get up to what I guess is the break even, is in the second year, of three hundred and sixty-eight thousand and it only has projections out to the year, the Leath year of which they would show profits on a projection of $724,000. That's after everything, after all expenses, debt service, interest, and everything. Mr. Bailey: Tax is in there. Commissioner Plummer: Yea, tax is in there, real and property taxes. And by the way, just for your edification, they are showing those in the neighborhood of around $250,000. Now, my question is, let's go out to the ultimate, to the 10th year. They have $724,000 and yet the City is still subsidizing to the tune of $350,000, Mr. Bailey: Well, not really. When we do our lease, we take all of that into consideration to determine just that, what period of time do we adjust the rate. We always have our flexed lessee based on what we think those profits are and we got projections of every development that we've done and that is how we determined how we think it should be paying us based on what kind of profits you will be making. Commissioner Plummer: Yea, but here again, let's just for round numbers, all right? Let's assume that New Washington Heights, is going to, in the 10th year, if the projections hold true, they would be deriving as a third equity partner roughly $250,000. Now, what is that money, which this Commission has no control over, what is that money going to be used for? Mr. Bailey: It is a profit making entity. Commissioner Plummer: OK. Ms. Bell: I can answer that. It's going to be used every dollar ae get to that organization will be put back into that community in development. We.. Commissioner Plummer: Then you would have no groblem if this Commission retained full control aver the approval of expenditures of that saoaeyY fff Ms. Bell: I wouldn't have a problem with that. This Cotamisaion has been very good to New Washington Heights. We've had our hassles, that's trop,-pith everything, I moan, with the comatumity, with everything else. Our ~-hPla purpose of being in business is about changing the whole economic attitude of our community. phis morning I set in this place and I was shivering all over and I'm still shivering. We wouldn't have to do that if ve were doing shat we're trying to do here. IP we had already put this hotel iu su~steace ;°aesd ;' some other things that created sosao jobs, that with the houses that wo sr* taliring about building, people can't huy them, they ain't got »n ,~Abs. 81ar~ 118 De~ceabe~ '~, #~F8'~ ~; ,. ,-- a ;, a F, ~ :,. _r Atiaeriaa is not being employed in bade County. Anq other group its being employed, Black America is not being educated in Dade County. We're not being employed, we're hat being nothing but knocked aside. I'm not interested in making $2170,000 a gear, J.L. No, no, what I am saying, I am not interested in that. "Phat is not what mq stand is. If we can live out of $50,000 a pear, and God knows, J., you've been with us. Commissioner Plummer: Jackie, you are missing my point. My point... Ma. Bells It will ga back. Commissioner Plummer: Tsxcuse me, my point, simply is the f act that this equity partner, God bless him, he is entitled to a profit, is going to be, according to your projections, walking away every year with $500,000 and this City is being asked to pick up $350,000 in tax incentives to help him make that $500,000. That's my problems Ms. Bells I think what you will see from our partner, and I'm really blessed to have gotten him, I've tried so hard, and this is the first tithe I really could get somebody. I think what you are going to see from our partner is more of the same you see from me, wanting to really do something and help put something back. He's already asked me if we got some land eve can build some low cost housing, OK? And I think what you are going to see and the other thing that you all could be very proud of, is do you know that there is not a minority owned hotel in America? - and not a black owned hotel in... Commissioner Plummer: Won't be now. Ms. Bell: J. L., my partner... Commissioner Plummer: No, why is he a minority, because he is an Arab? Ms. Bell: No, he's not an Arab. Commissioner Plummer: Monsieur? Ms. Bell: He's an Eggptian. He comes from... Commissioner Plummer: That's an Arab. Ms. Bell: Well, he comes from the same place we ... Commissioner Plummer: What? Ms. Bells That's right, still an African. He came from the same place we came from and that's, you know. But the only thing is, that I have worked ten pears. I didn't work ten years on this project, and know the Mayor's office and the Mayor and Miller's office and your office too, J.L., is tired of me. You know? I mean, I know you all just got to be tired of me. Mayor Suarez: I was wondering what you were going to say about our officesy that we're tired of you. Ms. Bells You've got to be, because I have drives everybody up there on that Commission crazy about this project and sow that we're... even the aeN Commissioner must be tired of me already, because I've just brow-beating her, ' b t -~;~ u .. . '~ Mayor Suarez: You a re not going to get her to admit it, but I wouldn't be surprised if she was. ~" M8. Bell: No, but I mesa the only reason that we want to do this is we.Want to make some changes and we have gotten this far , Please don't drop tbo ball. ~~. on ua today. Commissioner Alonsos If I may say sotething... E Mayor Suarez: Commis sioner Aloaso. -` Cotatniaaioner Aloaaot I really thick that we have y, to lcok at all of this ~1C~ an oyes tttiud. We want to develop that area, it to impQrtaat ~vr ~u~'-+c~~ty ~: and in order to get investors to natae end tt'uat that OOC't~,~tA~ ' wp '. mtstRt , ~t~go ~ '`" - 119 lle~za~##x 7 ~ 1989 • • give something as to obtain the support of these people having some trust and say that they are willing to give something in order to improve the area. I cant all of qou to give setae thought to this idea, because we have to perhaps make a balance in this situation and be very careful and see what it means for that area and for this community and of course, protecting the City of Miami to the best of our ability, but at the same time, keeping in mind that that urea is verq important to us in Miami and order to make it really work, we have to work together with the investor. Let's give them something to extend the hand and get them to come to us and work together, so if for the sake of discussion we must postpone this for next week, we'll do it, but if we can get an agreements today, and on the basis of continuing the discussion, we must have a vote of support. I have seen Jackie working through the years, it is a person that I'm sure all of us respect in this community because she has given so much to it. Let's work together to find a solution that will bring jobs for that area, opportunities and help develop that area that is so much needed in the City of Miami. I like all of you to give some thought to this idea before we give a vote, because it is important for that area and I don't think that often we will find people willing to put up money in this particular case. Mayor Suarez: All right, Commissioners, we've been in and around this item. I'm comforted by the willingness of your organization, Jackie, to always have oversight from the Commission as to the budget. That way if a matter becomes a... if the situation becomes such that you are really in fact, making great profits and employing all of your relatives and friends and otherwise doing the kinds of things that we don't think should be resulting from this kind of a risk that we are taking, because it is future taxes anywhere you look at it, although maybe if you didn't do this project, we wouldn't have any future taxes to talk about, so maybe we are arguing about something that would otherwise not happen. Is that going to built into some kind of a... Mr. Fernandez: No, not today. For purposes of today, the only thing they are passing on is approving in principle the concept of using the tax. Mayor Suare~r All right, I would like that particular conceptual notion to be included in there too that we would retain oversight over New Washington Heights and expenditures and budgets and so on. That might give us an opportunity somewhere down the road to... Commissioner Plummer: Obtain approval. _ Mayor Suarez: Yes, and to readjust the formula for lease payments and - certainly the expenditures, if not the income to the City. Commissioners, anything further on the approval in concept? Commissioner De Yurre: Mr. Mayor, I have a few questions... _,f ~y. Mayor Suarez: Commissioner. Commissioner De Yurres ... that I need to have answered. First of all, you know, we talk about employing black America and when I'm talking about black America, where my concern is, the City of Miami black America, not Goulds and not other... Richmond Heights and Carol City, I'm talking about our unemployed in the City of Miami. What assurances are there that the unemployed is this City of Miami in Overtown, in Liberty City, in Coconut Grove, are going to be the ones employed in that hotel? Ms. Be11: Can I answer that real.,. Commissioner De Yurre: I certainly hope so. Ms. Bells I have sot been working in Goulds and Perrino and Richmond Heights to enhance them. I have always worked in the City of Miami because I've lived there and I've always worked in Overtown. So, I would-not be 'looking tp Goulds and that where to try to employ nobody. I would think what cur ~k-oh aim and ~-hat w4 have been about was trying to make a difference whore we N~:re, Comtnia®loner Des Yurre: Well, how are you gaiag to go about ft? - -` Ms. Bell: We have bees to make sure wo could ~o what we needed to do, ~e haves bae~a in -touch with several uaivarsities that have to h~g#:er- achaioa ~ o~?~tl~t hospitality to -see if wo couls~ get thorn to look at possibly ~~ ~e 8dt e ..-4 ,- ~, ~- t x. }. folks from the lower part that was interested into the management sector from the colleges that came from overtown, from people who do not have to be that qualified and when I say that qualified... Commissioner De Yurre: There is all levels of employment. Ms. Bell: That's exactly ghat I'm trying to say, that's the other side or reason ae wanted to do this. You can go from no qualification to a Ph.D. degree. We are interested in the people in the Citq of Miami being employed and especially from Overtown, but now, you must look, Overtown is going to be changing real soon, OK, to a better class of... no, that's not true! Ain't nobody no better than nobody. OK, they might be, no, well, to characterize, character, OK? - but we do want to make sure that the people from the City of Miami are employed. Commissioner De Yurre; OK, well... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Father, won't you come up to the mike and as you do, let me just say that as far as classes of people, Episcopalians are clearly better than everybody else is. -~ Father Richard Barry: No, not really, Mayor. I think it would be foolhardy though, for us to mislead you to think that if we can get blacks who do not live in Overtown or Liberty City, training them for fobs, that we would turn them down, because one of the things you realize, blacks are blacks, I don't care where they live in Miami. See, blacks who live in Goulds, they still think they live in Miami and... Commissioner De Yurre: Yes, but when I made that comment, it extends to say they come down from other parts. One of the concerns that I have is that you know, we are talking about employing our own and we don't employ our own because once a market opens up for employment, they come from all over .the place and our unemployed remain unemployed, so we are not improving at all of that. Father Barry: We'll be very careful with that. Commissioner De Yurre: You know, so there has to be a game plan to address it and to try identifying these people that want to be apart of-that process. Father Barry: We'll be very careful. Mr. Bailey:. Commission, if I could answer that from a technical sense. fihe project area is governed by first source hiring arrangement and agreement that we enforce as best we can. Father Barry: That's already in the plan. _:~„ Mr. Baileys First source meaning those wha are within the area:are given first choice for any employment that comes about in an area, they if for some reason or other we do not have adequate resources,. then we go to Dade County wad then so forth. Commissioner Ds Yurre: Does that apply to the arena? !!r. Bailey: It applies to all of Overtown/Park Weat and I said while we would enforce it, .. ;;4 Commissioner De Yurre: Do you have the numbers on the arena, ho~- many are from Overtown that are working at the arena? ", Mr. Bailey: We have the numbers, yes, wa have numbers of everyone thst i~ ' ~-prking over that construction and otherwise and as x seid, we ga first-,;~be~re anal i! wo cannot find what.we aead, than we go elsewhere, ~osra~ssioaer pa Yurre: I know, but how many.... my qu~stioa i~ -#or y Br's ~~' ~roa- (avartQwa? fir, Bsiley~ I have the numbers is the off ice, I don't have tbnm Yi~~ s-e tQdsp, but we keep our.., ,- :; - ~ ~. ' , ;~ .~ s~. Cortreiaaionaf Db Yurtes As t understand the system and the process;, the thing is that mq point is, that it doesn't work for those that live in Overtown and the City of Miasai. - Mr. Bailey: It is quite possible ova may not have same people in certain categories from Overtoorn, mainly because it's possible that some of the categories ova need may not be available from that particular neighborhood, but we do try, ova don't just ignore... we try to make sure ova get them there. Commissioner De Yurre: OK, you know, that's something we need to work at, but for me to be comfortable with the process, it's been an ongoing thing for years, not just in this project per se, but in general. People come to talk about employment and we don't get our people employed, so we are back in ~ square one. t _, ~ Ms. Bell: New Washington Heights also has a job referral office... Neon -a Washington Heights already and has had for the past sixteen years, a job referral division in our office and we work very close with the neighborhood _ in trying to get them employment wherever we can, so we do that as just a simple service from our office anyway. Commissioner De Yurres OK, let me go to the next step. Ms. Bell: OK. Commissioner De Yurre: When are we going to meet the investment partner? Ms. Bell: He is in Cairo today because it was deferred from a couple of weeks ago. He should be back sometime in January. Commissioner De Yurrs: Because I'd like to find out more about the entity and their involvement, what they have, what their track record is, if they never had a hotel here. I'd like to know what kind of hotels they run and just to get better feel for whom we're dealing with, other than... Ms. Bell: OK, I would... Commissioner De Yurre: ... in writing. Ms. Bell: OK,-well, they are represented by Fowler White, which says how Quell they have been scrutinized to be assured that Fowler White is your, the City of Miami's lobbying... Commissioner Plummer: Will they operate the hotel, or will it be put out to management? Ms. Bail: Well, ove're looking to put it out for management so we can... :ao F New Washington Heights as well can become qualified in hotel management. Mr. Plummer: The same rules of first source would apply to the management. -M ~~`: Mr. Baileys If it is in the project area, yes. To answer your question, pas. Commissioner De Yurre: And finally, we are talking about 60 percent occupancy is the first year. Ms. Bell: Yes. °~ Commissioner De Yurre: Aad moving up. What is the average occupancy 3a our City of Miami hotels? ~; }. Ms. Bells Sixty percent. -. Commissioner Da Yurre: OK, so you plan to compete and be at'the'°same lege-'of the Hyatt, Iatercontinentai's...? - - ' ~. kio. Hell: No, sir. Our occupant rats Wright be better becau:~e we ar4 npt =' talking' sbo4t reatiag it, it ie a per diao hotel, ae ~nid~al4ss ho~s~, th+~~~s ;' _ sot Intercontiaental rates, it's sot the Hy+att'a rater. ' ~, ~' ;,: = lgt ~~~~eibsar~ 7, ~~~~ - _ ;: r j~ - ,~.< ~ _ fi ~ ~, _, ~ t Contirniesioner Ae Yurre: Yee, and you are telling me that you feel that you can compete pith these hotels. Ms. Bell: Surely. Might do better, because where it is located, it's located in the center of the government complex dorovntown Miami. You got the City of Miami's police station, City of Miami's Administration Pudding, both of the State of Florida's office building, the Federal Courthouse, Dade County Courthouse is surrounding it. Next, it is right across the street from the Civic Center Metrorail sits on the State Plaza people mover site, and it's across the street from the Sports Arena and on a daily basis people sell stuff to the Arena and by with then alone being in there, at that, the kind of rates rove are looking at, we should be OK. We have done everything that you could dream that a person who was going to do a hotel. We have hired the best. We hired Parnell Ker Foster to do the marketing analysis for us. We have Grau and Company along with Pernell Ker Foster and our project manager is Scott Prush. Commissioner De Yurres Who are the architects? Ms. Bell: The architects are Gene Kenkowski, who used to be with William H. Dorsky and Associations. Commissioner De Yurre: Is that a local firm? Ms. Bell: Yes, sir. It's the... Mr. Plummer: Also Dural Stone. Ms. Bells Yes, we got CRS... Commissioner De Yurres Are you going to tell me there are no black architects that could design that? Ms. Bell: Yes, there is, it sure is, but we didn't have no money at time to hire nobody, so we got some architects who worked for us for gratis until rove rovers able to get a few dollars. Commissioner De Yurre: OK, again that goes back to the same point that. here we are non-minority doing the work. Ms. Bell: Huh uh, no, no, not No, that's not true. Thfs team is made up of every ethnic group in the world. Commissioner De Yurre: The owners. Ms. Bells The owners, we don't have no minorities? What are we...? Commissioner De Yurre: The owners of the architectural firma is 9vhat I am talking about. Ms. Ball: Surely they have some minorities work for them. ._ ,i . Commissioner De Yurre: Not the owners. Who are the owners of then ~ - architectural firm? Ms. Bells Y just told you William H. Dorsky Associates. , ~ Commissioner De Yurres What is he? Ms. Bell: He is a j~wish gentleman. ~: Commissioner De Yurre: He doesn't live fn Overtorora, I'm sure. '= ' ~~ Ms. 8e11s No, he doesn t, but >Me don't have as architec t in OvertoMn either, But rhea we gat this architectural team, Commissioner De Yurre, Me didn't have _:, any money, Oae of our board members whose name is Ted Hobo sprung i'or us, Hs had done some work for him and he sprung for us to get pomet ~t this done. Ccaaeiaeoasr De Yurroce: QI~, aall, I just, you knop, , . ,i. ~_ lbs. Bali: But oa their team.., =r _ ~ .; ;,~:- .I k . Y 1 L' f ~... ... Co+~rais~s3faner De Yurres Y just want on the record that I want to be looking at that very olosely, because... Ms. Bell: I don't blame you. Commissioner De Yurre: t hate to be, you know, and not that it is dons intentionally, but it seems like time and time again, you know, we try to provide for the ones that need the work and they end up still unemploged out there. Ms. Bell: Y'ou're right, but New Washington Heights has a historp o.f doing business with their own. Commissioner De Yurre: Time will tell. Mayor Suarez: Anything further, Commissioners? Vice Mayor Dawkins: Yes. •..:-. ~ -- Mayor Suarez: Coromiasioner Dawkins. Vice Mayor Dawkins: Where does this put us? As Jackie Bell said, I am tired - of seeing Jackie Bell and she did not lie, so I need to know now, today, when is the last time I will see Jackie Be11 so that this project can get off and running? Mr. Bailey: We will, if you pass favorably on this concept today, go back to the Off-Street Parking Authority Board and begin the processing on all the E legal documents and analyze and see just what problems we may have and try to ,; overcome those problems so we can get the lease out to them so they caa start =~ - development. ~~ Vice Mayor Hawkins: What time frame are we looking at, Mr. Bailey? Mr. Bailey: I don't knave, when does your board meet again? Off-Street Parking Authority'8 next board meeting, we'll be there and it is probably in ~K-: January. Then it is just the normal process, Commissioner, sometimes just to hammer out all of the documents can take anywhere from three to six months-and- that'a fast tracking. Ms. Bell: Oh, but we can't wait that long. ~~`' ~~ Vice Mayor Dawkins: So by April, the first meeting in April, this should be ~~ before us7 Mr. Bailey: We will have resolved by the first meeting is April all of the problems and we will be before you with any corrections that we have to get '~ germieaion from you for. ~.: ~' Vice Mayor Dawkins: OK, no, let's do it better than that, OK? i~', ~_ Ms. Bell: Yes, because we need it better than that. ..µ~: Vice Mayor Dawkins As you are working on this from now ,until April, Mr.;. ~. Manager, bring any grablems that occur to us prior to April so that when we g got no problems. We do not have to go back and sit down sad `' ~ et to April we go ..through problems, OK?..Now, that's Humber one and two, all of us, I agree ~'' with Connaissioner De Yurre, you know we all talk..about Overtowa and what ~-e ars going to do and ws .don't do .anything.. You have, ~+hat is the esaplaya-sn~, ;; the edge of the City of Miami? What's that thing that Mr. Kersey is over? Mr. Bailey: I'm sorry, Commissioner, I didn't uaderstaad you. Mr. Bailey: Mr Kersey, what department is he over? ;.; ,,, ,;' Mr. 8siieyr fir, Kersey.,. oh, Kearson, Ivey Kearaon, Jobe Diviaiga. ~~, Vice Mayor Dawkins: All right between that department, bex~reen ~1ew YaahiagtoA ~,;; ,. ` Heights, and the OvertowA residents, there is ao mason why, yo>,s caannt ~~ ~~`'' identify ~.ndividuale and take them tQ ~ias-i ~a~te ~be~ce t~t~ey, o+~n gelt a . . {_~ •chalarehip and learn the skills that yAU ~riil need ~~ 3-.+an .Qpeh, yQU~c hotAl. ~ ~~° ~,r Now don't ~o1ne back up here cz~ the day that you ere re~d~ to' t~,paa aAd tell mar ;, ~. ,, ,: - . , :. 4q 1~. a r ~a ~r- r ~,: n:~ _ - _ - _~, t`. .~ - that ybu da not hags anybody trained in everq aspect of the hotel Khen you've got Miami bade and that that is not offered by Miami Dade, is offered by 1+It1 and the University of Miami. Ms. Bells And not only that, Dade County School System has a hotel school ';, too, Commissioner. Vice Mayor Dawkins: All right, so you, all of us, I'm net going to put the monkeq on your back alone, all of us should be identifging individuals and working to train these individuals to be able to step into these jobs. Ms. Beil: That's right. Father Barry: Can we just ask consideration for speeding up that time frame? Vice Mayor bawkins: We could ask that, Father Barry, but if we do that and _ something goes wrong, you are going to hold us responsible. Now, we have to... we pay these gentlemen pretty fairly over here and we have to abide by _ their recommendations and his professional recommendation is that that's the time it takes. Mr. Bailey: We don't purposely, and I know you don't mean that, Father Barry, but we work as expeditiously as possible, but you have to coordinate the oavner and two other departments all at once to make sure that everything sort of fits in and you'd be surprised sometimes it takes a little time, but we work as feet as possible. i Vice Mayor Dawkins: That's why I said, Father Barry, that as these problems { occur, bring them to us, don't wait until April to come here with eight =~ problems that we can't solve until June or Julq. When we come in April we ~ should not have any problems at all, Father Barry. Mayor Suarez: OK, Commissioners, I entertain a motion on the item, or should we do conceptual approval Vice Mayor Dawkins: What should we do, Mr. Bailey? - Mr. Bailey: We would like to have the Commission today at least approve the concept of this involvement and commitment, help financing the site for New - Washington Heights Apartments with the Off-Street Parking Authority. } - Commissioner Plummer: I'm for the concept, but I've got to see the numbers a ;~. before I approve it in reality. Mr. Baileys We will get back with you with all of the numbers. Commissioner Plummer: I think everyone of us sitting up here have got to have those numbers. Mr. Bailey: We would have to come back to you anyway. Because when the lease is finally negotiated and drawn up, it has to come back before. this Commission... There may not even be a lease, it might be some-other way if the Law Department finds that that's a Charter violation, we think we have alternative ways to make it work. We just want to have your authority to ga ; ahead and make-it work. • Commissioner Plummer: Try it and. see what happens. Mayor Suares: All right, I entertain a motion on it. Commissioner Plummer: I move it. Vice Mayor Dawkins: I second. Mayor Suarez: Commissioner Davrkins seconds. Any further discussion? if not, please call the roll. •~ The following resolution: ass introduced by Cotemissioner Plummer, who teoved its adoption: RESOLUTION N0. 89-1134 A RESOLUTION APPROVING IN PRINCIPLE THE CONCEPT OF UTILIZING THE TAX INCREMENT GENERATED BY THE PROPOSED NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE, INC. JOINT DEVELOPMENT HOTEL PROJECT/MUNICIPAL LOT 10 FOR THE DEVELOPMENT OF THE PROJECT AND DIRECTING THE CITY MANAGER TO PRESENT TO THE COMMISSION A REPORT ON HOW TAX INCREMENT FUNDS COULD BE UTILIZED TO ASSIST IN THE IMPLEMENTATION OF THIS PROJECT LOCATED WITHIN THE SOUTHEAST OVERTOWN/PARK WEST TAX INCREMENT DISTRICT. (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: AYESs Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. i. s1 - NOTE FOR THE RECORD: At this point, Aenda item 31 was withdrawn. ,f ~ 43. GRANT REQUEST FROM SENIOR CITIZENS IN ACTION IN NORTH, INC. (SCAND) FOR _ i PERMISSION TO PREPARE PACKAGE FOR DEVELOPMENT OF AFFORDABLE HOUSING AT HIGHLAND PARK SITE. s Mayor Suarez: Item 28, Senior Citizens in Action in North, we passed you over 28, I guess when no one stepped up to the mike. Is that your item? What's the issue here? Securing developmental rights to a Highland Park site located in the area. bounded by NW 7 Avenue and NW 11 Street just south of the Culmer Rapid Transit Station. Commissioner Plummer: Is that the old school? Unidentified Speaker: I don't know what was there before, but ae we looked at the .information that you'd. put out several months ago, relative tQ vacant land' ?' owned by the City and your desire to do something with some of that vacant . land and we approached staff that discovered that that parcel was availhble ~ _ and we looked at least doing an initial feasibility of it of it. Bellon farez ~' ~` & Persz Architects are. here and we in essence wasted to see if ws could :get six months to further explore the possibility of putting affordable housing Qa ,;. that property. ~~~ Coimnies ioaer Plumaaer s Is this profit or nonprofit? ^~; Unidentified .Speaker: A nonprofit, acanued ae 5Q1C3, -: Commissioner Plumsaer: Wali. the queatio~ I guars really ia, cap ge do ~~at ;~., - without going nut ors aurp~u~ property, da s biddia~4 ~~b Q~l~~~~laS ~. ~'~~~ _ ,r,-r -I,~ ~.. 7 1~ ~ ' ~ ?. -. .* i ~ Mr. Fernandes: Yes, you cet~ do that so long a~ it's for housit:g. Y'ou don't have to go out for nonprofit, right. -_ Commissioner Plummers i~hat you are asking us is to give you six months to try - to put a package together. 4. 1' Unidentified Speakers Yea, air. - Commissioner Plummer: Mr. Bailey. - Mr. Baiieq: I think when I came here in 1982, '83, we bought that land for the purpose of developing housing and we haven't had anyone to come forth td do that yet. Commissioner Plummer: Then I'm confused. Which piece of property...? Mr. Bailey: Highland Park address on 7 Avenue in front of the Metrorail _ Station there. Commissioner Plummer: In front, you say on the south, or the north? Mr. Baileys It's on the south of the Metrorail Station. Commissioner Plummer: That was a school. Mr. Baileys I guess it was something at one time, yes. Commissioner Plummer: Did we buy it from the School Board? Mr. Bailey: Well, the County bought it for the City, using CD funds out of ; the housing bond fund monies for the purpose of developing housing and it was ~ first bided out to the group from Philadelphia, Bill Wilson and that group, ~ Centuria and for a variety of reasons, none of those properties got developed and we dust have it sitting there. We looked in our inventory and found out ~` we have a piece of property for which we need housing on a good location: We were approached as to how could we do that and because the Charter will permit } -~, us to deed land over to a nonprofit for the purpose of housing, we began... ~: ~` Commissioner Plummer: But we do expect to get some of our money back, as we have with all the rest of it whether it is 50 • percent, or 70 percent... `; Mr. Baileys ..Yes. - f Commissioner Plummers OK. " Mr. Bailey: Now, I think they are going to build 202...? 198 units of 202. `' Is it...? Vice Mayor Dawkins: ldo, no, no, in the first place... no, I will not vote for no 198 units on no little piece of property like that. ~. Mr. .Bailey: My error, Commissioner, it's rental units. ~, ~;` Vice Mayor Dawkins. I don't care if they are free. k f ~, ( Mr. Bailey: I didn't say 202, they're rental units. y4. ~j ,~i'. ~" Vice Mayor Dawkins: Beg pardon? ,- ~.` .r ~;; Mr. Bailey: It is not 202, it's regular rental units, rentals. ~`~ Vice Mayor Dawkinss I don't care how many... how much property we got Mr. - 8e3ey, ta]~king' about? ., . ~• =' -~ Mr. Baileys Ware talking pretty close to three quarters of a block. '; Vice Mayor Dawkins: OK, and acreage? ~ , _ Mr, Bails i t'a 197 units I y , guess that might be t9/Q att~ one-half acres, ,, F Vomephere aiong there. , ,,: ; • .. ~~ ~, ;:. ,; q~c~ M~tyo~ Hawkins:.. We ago going ~o +~r+ot+d Ott X00 ~ta~ts 9m tt~ ages? ~, :_ ~ a. ~ ~ ;, ~ , ~. ,, z _ l~ _ ~ ~e~e~b~r ~ 7' ~ ~~~~ ~ ~ b w_ ~~ - - .. - f: t: i Mr. $ailey: 197'. Comssission~er Plummer: Hop high? Vice Mayor Dawkins: No, I don't care how high. Mr. Baileys They pill be and I've looked at their proposal and I let the architect speak to that. They Quill be requesting a zoning variance, br change in order to get the type of density. I would let them speak to it. Commissioner Plummert What is the square footage of the minimum and maximum rooms? Mr. Vidal Perezs My name is Vidal Perez, I'm a principal of Bellon Perez & Perez Architects. This building is going to... this just a groposal, we really don't knop if it is going to be 198 units or not. We have to do a market study first and find out if the area will allow to build this many units. Commissioner Plummer: Well, 197 didn't come out of the air. If you build ': ghat you have, hoa high would it be? }~ } Mr. Perez: This is the maximum density you can put on the property, 198 units. - It's approximately 10 to 12 stories high. Commissioner Plummer: There's nothing else in that area that reaches anywhere near that. Mr. Perez: I would so no, there's not. You know, you would have to go to close to downtown to find a building this high or close to the Civic Center to find a building this high, but really, this is the maximum density that you can put on the site. We're not saying that we are going to come in with 198 units, we are just saying that this is the maximum that you can do on the site. You might be the case that we'll find out that it is only 60 units, it is only 100 units what really the market study allows to do. Vice Mayor Dawkinss I'm not interested in the market study. I'm interested as J.L. Plummer said, what's in there and you got single family homes on the other side of that canal. I mean, and you are talking about coming iato this area where you've got those townhouses there owned by people and you are going to coma in and throw up a 10 story structure, the only one in the area. Mr. Perezs Well, you know, I think the City has a study that around all the stations they pill want to develop for some type of high density apartments or high density use. Vice Mayor Dawkins: That's fine, high density, but you're creating a mass of building and people. You ara talking about putting 198 units and let's just take for the sake of discussion four people to a unit. Mr. Perezs No, I... Vice Mayor Dawkins: You mesa, you got a whole mass that is full of laad`and people. Commissioner Plummets It's got a zip code. Mr. Perez: I uader... ,,- :.: Vice Mayor Dawkins: And where's the parks going to play on there? i'- ,F- Mr. Perezs I understand your concern, but let's... you know, alb wo ara asking at this point to have... _.~~~ Mayor Suares: You realty load of answered it. You said that's phut the ~Citl- ,. proposes .that we do in that ~-raa. That's the highest level- dsnsi~y'.tbat r~ propoged,> but... no, Herb? _ _, - Mr Sauey: The origiaal plans €or this site, and t~ do Wb~t thoy~ Ksr~b ts~ do . would require some soniag adjustment. l think their- 4~igiAal p~.~os camp `~~er' iQQ to~-~atho~tses, - that was ° beiu8 proposed. li~~-4ver, vrbat ~'~s goo askl~t$ ° for . _ a f{~ _'. ~ • . G , _ ~~ _ `: l~~ Aa~e~~kt-~r 7~ 1~~9 ~ . i,. ._ {. .7t 3 1~ ~l~tl1 '-' y ~~ today and as any of these projects, the permission to have accssg to the site, - then per:eits them to come back to us with some plans of which we have to approve. They have some idea of what they would like to do. However, none of _ that is something that has been approved by staff, nor has it been presented to the Commission and almost in every case, we make those adjustments after our consultation with the Zoning Department and with Housing. Mayor Suarez: Why are these items coming in this fashion? I mean, it seems like this is something that the Commission is almost not ready to act on, I mean this, as opposed to the prior item, which is... Commissioner Plummer: No, no, the reason here is they are scared we are going - to sell it real quick like. That's why it is coming up here, they don't want to wait the time, because we've instructed the Administration to take the - surplus properties and you know, get the monep out of them and... Mayor Suarez: Oh, because we are still pending the possible sale of this...? Commissioner Plummets Of all the surplus. Mayor Suarez: Well, you know, I would strongly recommend, and I don't know if there is any Commissioner that has any other feeling on this at this paint that we... did you meet with them, that the administration concoct and formulate a plan with the specifics of what we would like to see done within... as far as I am concerned, within the zoning code at this point. If not, they ought to specify that. We've had at least one project that we approved and went along with quite as long way, which is Coconut Grove Playhouse, which afterwards we found out it required some variances, etc., so we wouldn't want that to happen here and that all of this be formulated and come back as an Administration item. And it seems to be here just as a personal appearance. Do you want just the sense of the Commission? Are you trying to avoid getting involved in something and then only to have us coma back and say, why did you do this? Is that why ...? _ Mr. Rodriguezs We want a sense from the Commission as to... before they - proceed in getting into a lot of expenses, you know, whether you are going to be in concept agreeing with it and then at that point, if we have that feeling that you don't want to continue with this. Mayor Suarezs You know, we don't have a committee system here as opposed to some other jurisdictions, but you know, I could see what would happen in another jurisdiction, this would be referred to a committee and they another committee and then another committee and then you know, three years later it might come back to us. I mean, it really is a little bit premature, .but if you want to try a motion that might reflect our interests in this... Commissioner Plummerz I make a motion that they have the right to try and put a package together within a six-month time frame, that at no time during that period do they invest any rights or equity or at no expense to the City,. period. Mr. Baileys That's the way we've done all the others. 4 a 1 Mayor Suarezs Yes, the risk has got to be with you. You can't. think just because we go ahead to tell the Administration to start working vrith you on something that that means that you have any vested rights or you can sue us for reliance or expenditures that you made, and reliance on any presupposition. The only thing is, you know, we are interested in the passibility and work with the Administration at your risk and .let's see Mhat comas out of it. That's basically ;.our motion then? Commissioner Plummets That's my motion. Mr. Aodriguezs Aad subject to all the limitations of the Zoning Ordinance and the Comp plea. Mayor Suarez: And at this goint, at least subject to that, I believe iz~ t~cyiag to dsvelop that arse, i believe in trying to chases the >~oaiug Coda ~.to the e~cteat aeceeaary to develop .that area, so I for one might votd fQ~c it:. <._ ... but I just want to caution you that some other Commieeioaerp, you've he~r~d ,~'' ~amae comceras3 about density there. I don't share those +~aacerps, .but tl~r~e ~ is .five votes up here, so you might Waa~t to be savers of thit~t, OIC, ; say fut~t#er ~ .. discussioA on the motiom and a second? If not, p~.e+~ss~ call t~.e sg1l, t~": ~t. F f r- ~` 'Ihe following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION N0. 89-1135 A MOTION GRANTING REQUEST REC$IVED FROM - REPRESENTATIVES OF S$NIOR CITIZENS IN ACTION IN NORTH, _ INC. ("SCAND") FOR PERMISSION TO PREPARE, WITHIN A SIX-MONTH PERIOD, A PACKAGE FOR DEVELOPMENT OF AFFORDABLE HOUSING AT THE HIGHLAND PARK SITEf FURTHER STIPULATING THAT AT NO TIME WILL "SCAND" ACCRU$ ANY RIGHTS OR EQUITY DURING SAID TIME PERIOD NOR WILL THE CITY INCUR ANY EXPENSES ON IT3 B$HALF; AND FURTHER - STIPULATING SAID PROJECT SHALL BE SUBJECT TO ALL LIMITATIONS PRESENTLY EXISTING UNDER THE ZONING __ ORDINANCE. Upon being seconded by Commissioner Dawkins, the motion 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 NOESs None. ABSENTS None. 44. APPROVE, IN PRINCIPLE, A STUDY CONCERNING PROPOSED ANNEXATION OF CITY- - OWNED PROPERTY CURRENTLY UNDER COUNTY JURISDICTION ON VIRGINIA KEY - `} ALLOCATE $5,000. !L: _ ~: - Mayor Suarez: Item 36. `: Mr. Olmedillos Commissioners, this is a discussion item. As you know, the City owns property within the jurisdiction of the County is Virginia Key and what we're trying to get out of the Commission is your intention as to whether we should .incorporate this area to the City, into th,e City land. And, as you know,-this is a lengthy process. The Planning Department has to prepare a lot of material, send it over to the County, then they have to confirm that everything that we have is in place then come back to this Commission and then ultimately go back to the County Commission,. Since there are no-people. living in the area, we are of the opinion that this doesn't have to go to a popular vote or anything. So, what we're trying to seek from you is a position eo that we can continue with the process or start with the process, in fact,' so that we can gather the material, send it over to-the County. There are some fees involved is this process so we want to make sure that the Commissaion. = feels that this is the proper thing to do. _ Commissioner Do Yurre: What land are we talking about on this map? , ,_~ - Mr. OlmedilloS In page 3~6-2, you will see a shaded portion of the southwest side of the lagoon-.which is... Commissioner De Yurre: So, that's where the Marine Stadium's at? Mr. Olmedillo: ThGt is correct, sir. Mr. Rodrlguezs Right, Mr. Oiioediilo: And, ae you know, there as:e some con~~iot~ because o~ Lhe ju~ri$di+otion oP the County as opposed to the City's ~urisd~ctioa. Coma~~.asl.oa+~r PluamAero Whst does it benefit the City to do iitT ~',< _ .~ .. ... . ;~ , ~~ s~ x z Mt. Oimediilo: To have coin~lete control of the... Commissioner Plummer: But, I mean, to go through all of this arduous process, I don't understand in what, in fact, would be - where we gain that much. Mr. Rodriguez: Well, one example I can give you on this, besides, for example, the land that is shown for the Marine Stadium, we have over there some property that we are leasing to different people for marine related facilities. In that particular case, we were the owners of the property but they had to go to the County Commission, to the County, to get permission for approvals of different parts of the project because the property was owned by the City, but it was within the jurisdiction of the County and I think it's to our advantage to have not only the ownership of the propertl-, but also the complete control except for those things that we have to go to the County to. Commissioner De Yurre: Well, isn't there some talk about developing that? Mr. Rodriguez: Right. Vice Mayor Dawkins: What's the estimated cost? You said some fees would be involved. Mr. Olmedillo: We have no estimation on the cost. It's nominal, but there's a cost involved in it. Mayor Suarezs Nominal meaning- what do you define as nominal? Commissioner De Yurre: Nine dollars and ninety-five cents. Commissioner Plummer: Something under a million. Mr. Olmedillo: I have no idea at this point, sir. We would have to check with the County. Commissioner Plummer: Well, then, go back and find out. Mayor Suarez: You know, like they say in Congress, right? A billion here, a billion there, and pretty soon you have some real money. So, you know, if you mean nominal... Vice Mayor Dawkins: Five thousand. Mayor Suarezs Yes. Mr. Rodriguez: If it is, could we get approval from you if it is less than $5,000 so we can proceed with the paperwork and if it is more, to come back over here? Does that agree with you? Mr. Fernandez: Well, the decision to finally annex cannot be made without a public hearing first being called for and until they advertise so now, if you approve anything, it's just merely to prove the study so that it can come... Mayor Suarezs We got you.- But we're concerned about the cost right aow, even P X. 9 3+ of the study. Now, are we just talking about a small amount? Mr. Rodriguez: I don't know. Since I don't know, what I would suggest i~ ; this, just give us the instruction to proceed with the study if the amount of fees is less than $5,000. Mayor Suarez: Yes, if it's within the discretion of the Manager, which is $4,500. How about that, Commissioners? Commissioner Plummets- And tha County has to approve it, right? 41ce Mayor Dawkins: So move. Mayor $uarezc So moved by Commissioner Dawkins.- Mr. Ohaediilos That is correct, County Commissioa. ~. Commissioner Plummets Aon't hold your b~esth. ~x r, . 1~;1 i~so~~bg~ '~, 19$~ i. - ;,~. ~, ~. {~ , Mayor Suarez: Seconded by Cormr-issioner Alonso. Commissioner, Y assume that's a motion or a second. Commissioner Alonso: Yes. Anytime you nod here, Mayor Suarez: That's close enough. Call the roll on the item. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION N0. 89-1136 A MOTION APPROVING, IN PRINCIPLE, THAT A STUDY BE MADE IN CONNECTION WITH THE PROPOSED ANNEXATION OF CITY- OWNED PROPERTY NOW UNDER COUNTY JURISDICTION ON VIRGINIA KEY; FURTHER AUTHORIZING THE MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $5,000 IN CONNECTION THEREWITH. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYESs Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 45. DISCUSSION CONCERNING STATUS REPORT OF THE YOUTH OPPORTUNITIES UNLIMITED - CHALLENGE GRANT PROGRAM. -~ ~: ---_~~~~__---._.___~~~M-----------------------~~.~~__.._~ _.._ `~ Mayor Suarez: Item 37, status report of the youth opportunities unlimited challenge grant program. Isn't this the thing that we're hopefully going to be meeting in Washington about on Monday? OK, did we finally get the -- appointment with the person in question in the Department of. Labor? Vice Mayor Deakins: You know, this is amazing. Now, I'm supposed to be the one riding herd on this and you guys have formulated all of this and qou°s-e going to Washington Monday and I don't know nothing about it. Mayor Suarezs I would like to take my ticket and give it right over to Commissioner - to the Vice Mayor to go on Monday. Vice Mayor Dawkins: No, no, no, no, no, no. But I would be remiss if I didn't tell City and tell you that this irritate me. Mayor Suarez: I'm sorry, I didn't know that the matter had... Ma. Francena Brookss No, I think they called the Mayor's office. Vice Mayor<Dawkins: No, it'a uncalled for. '~ _: ;, , Mayor Suarew: What was that? _ -., Me, Brooks No, the Department of Labor called the Mayor's office direotly. Mayor Suarez: Yse, it may have been a.,. Vioe klayor Darr#~ina: 3 do~~t cars, but when they sent the other tbi~-g tit ~-?~#e .. Mayor sad I went up there with you, the Meyer ~rdcoamneaded that ~ ~o~ ~ don't have o4 problem With that. But if I'm a~uppasesi to be ~cidiug hpi~;~ Qn 'tbia ~i~h ~ , - you, at least keep me in~ora:e~d what the hs13 yoo' ire ~s~og, ~ ~ ~ ~ ~ ~; ~ f~'9 _`~ `,' ~~Irr ~+l~~A04R~b~~ 1~ ~~~~ . ] , - ; - rs Qc s - ~ ~ ~ - y -, S , - .lam ~~+yi! /~ _. __ ,~ ~~. Mayor Suarez: And, by the pay, if you convince theta between now and Monday to ~b on behalf of the City, that pould be very nice. Reallq, if you're able to. - Secause we could maybe drab a... Commissioner plurar:er: Good, all of you go up there and freeze. = Mayor Suarezs If we had a couple of other interesting possible appointments - in Washington and then we'll have to invite Carl because then it's a Sunshine - Lap situation. There you go. Then the Herald won't pay for his way anyhow. Commissioner De Yurre: Sunshine doesn't applq outside the City limits. _ Mayor Suarez: And then, not only that, what's worse is, they put the Herald _ reporter in Washington, D. C. ... Commissioner Plummer: Yes... Mayor Suarez: Not Ricardo... •~ Commissioner Plummer: Yes, Ricardo, right? i- ;, Mayor Suarez: Ricardo. Commissioner Plummer: Carl Goldfarb will room with you. Mayor Suarez: We'll pay your way, Carl, so we don't have Ricardo. I think they dust switched them, by the way. Vice Mayor Daakinss And I'll buy you dinner. ~. Mayor Suarez: Anything else on this YOU program? ~. Ms. Brooks: Primarily we wanted to provide to the Commission the status report on where we are in that whole planning process. The application is-due -~' - to the Department of Labor by February 21st. When we submitted the planning ' grant application, there were ..three potential target areas ideatif lad; Model City, 8dison-Little River, and a combination of Overtoan-Wynwood~ The requirements... and all three of those areas would meet the requirements for _ the. grant and that's at least 30 percent of the population. be-below .the E~' poverty level, in addition to some other things. We have recommended and are... proceeding with developing an application which would identify the target area of the City, would concentrate in as Model City. And primarily, because of the initiatives, a number of other initiatives that are either being - implemented or have already come on track, the Police substation, the' . . entrepreneurial center through Miami-Dade's worth campus, and the fact that "r the_Liberty Square housing pro3ect which houses over a thousand persons or has oast a thousand units, actually, soma of it's unoccupied ndw, will be rehabbed to the tune of about $21 million dollars.. So we wanted to let you know where: we are and basically anticipation that you concur. Mayor. Suarez:. OK, Anything further on this item, Commissioners? If not, no r. action is required. .': '; 46. DISC[ISSION CONCERNING REVIEW OF THE EFFECTIVENESS OF RUMBLE STRIPS (SPEED STRIPS) WITHIN COCONUT GROVE. ,~ - ~~..._,..,._ ----------~ . ~.t....,._______~ _~.~ ..r ~,,....r Mayor Suarez: Item 38. 8ffectiveness of rumble strips. ~~_ ;.,' ~... Vice Mayor Daakias: J. L. Plummer.. ~~ -. ~+~yQs Suarszs Xea, this acuade like, aomeho~-, I dan!t knar xhy,.:;this ramiAsia m~- o~ Couanies$~,gAOr. Pluanaer. Is this, .. - ,. ~ _. ~ .- ., Cs~ainsiomer Plu~ner: ~omati~eiomor i'iwoaa@~ ip caly ~~ry~aag ts3 ea~iafy people -;. ~ `-£ ~. V~Q Bro da~od sick.. , : ," ,. ,. ..... ~~ - y. _ rL { ~$+~ Ttaes~bl~r ~ ~~$~ ~ yt i k rk , ,. ~~ . ~ ~-.- - - - - ,fit ,mz °' .~. ~.. , ~; ,: Mayor Suarets Are they working, .1. L.? Are they working, are the people :wiring that they're working? Commissioner plumraers Well, let me give you in front of the one house that I talked to, ~ieyne Williams, there's a set in front of his house and he said, at first, the noise Does objectionable. But when he saw that it did, in fact, sirsw the traffic down, the noise Does not as bad and became used to it and as far ab he `vas concerned, the safety factor was a lot more important than the noise factor. = Commissioner De Yurre: Let me tell you, my experience with them have been that I just run over them just as fast as if they weren't there because, by the time qou see them, you don't know if it's a patch of... Commissioner Plummer: We11, OK, Victor, you're absolutely correct and that has been a problem. Gommissioner De Yurre: What we need to put is maybe a sign, a sign that says "Speed Strip Up Ahead" or something... Commissioner Plummer: OK. Commissioner De Yurre: ...you know it's coming so you'll slow down a little bit. Commissioner Plummers May I suggest to you that Public Works did not do what we asked them. Public Works only put in one set, whereas, on Old Cutler, there were a series of three and I would suggest that we go back to give a fair trial, put the series of three with the signs as you have indicated that speed, whatever strips, are installed in the street and I think it will do some good. = Mayor Suarezs You got to watch out about the spacing when you have more than ~ one. You know about that engineering principle that says, when something , begins to vibrate, if you have the wrong spacing, pretty soon the thing just sort of goes off into space and wrecks all your springs so you got to be careful an that. Mr. ,Public Works Director, you're a brilliant engineer. Commissioner Plumper: No, I'm sot an engineer, I'm just repeating what's down on Old Cutler as it approaches Red Road. The only difference, I understand, is those are cuts in the street rather than raised. ~: Mayor Suarez: OK. Commissioner Plumper: .And that's the only difference and I would strongly suggest to give it a fair trial that we do as they did on Old Cutler and put, as Victor says, put the signs up there and at least people see those signs, they might slow down even a little bit more. r Mr. Rodriguezs You might want to hear also from one of the neighbors which-I believe is opposed. - Comxssissioner Plummer: Yes, one of the neighbors has been very, very vsacal. Mayor Suarez: Is there anyone here fropt the neighborhood that wants to be heard oa it? _ Mr. Craig Ulloms Yes, I am. Mayor Suarez: Yes, sir. Mr. Craig Ullota: Yes, my pease ie Craig Ullom, I live on 40b4 Loquat Ave~,ue and we happen to have soase speed or rumble strips about $ feet in front of the entrance to our home and that makes it a bit - maybe a bit nsora noigp thv-n t. those toika that live a.little bit farther back from the-street. 8asica~.~y, I've had- the same observation as Comsnis3sioaer Ds :Yurre, that people spsstl tip ~ Lo s-= `' avoid the... strips rather thaw go 41oar ,and `rumble < their cars. , 8aaica~. y, ~ta , rather a sigaificaat annoyance to at least our tamil.y and onr home.=:.. ~!v! ' ~, talked to people in that area who live on that particular ~trip o~ ~.og4a~ +snd r ~~ , the neighbors are saying they can't believe that. the City p~.aaed these rusl~le ;_ ~tripa right in front o~ our emtrance to aar' bones. 1 g~aa ~ fi'~.t-s .meted :t~ ~do ,. ~sQUtet#ing ;ah4ttt it +ahd keeg thoao ruanble stripe, '~ayh~s ~~ ~ ;.oaW s ..tom t ~ .-. dc?~:ao that they're not directly ire front o~ than shtra~ce o~ a~a~-~i~s'~ h+~e, ~)# ~~~amhar 7, i~~4 - ~; ~ ' „~ 7 s T _ ___ f C~stmnissione~ Plutonier: What's fine. _ Mayor Suarez: br. Prieto there's soma that are right smack in f rant of somebody's driveaaq or home. Mr. prietos Yes, :sir, the criteria we used, was keep them about a hutfdred feet away from the intersection with bougias on the one hand and... Mayor Suarez: So you avoided the intersections, but qou didn't avoid peo~le'g entrances. I guess it was just a situation where you had to put them somewhere, I guess. Mr. Prieto: Yes, we avoided the driveways but they had to fall in some... Mayor Suarez: But they are right in front of their homes, but not the driveway. At least you don't have to turn and sort of go over them in a sart of horizontal direction or whatever the term is, longitudinal direction or - something. - a Mr. Prieto: Right, we avoided driveways. ;_ Mayor Suarez: What would you suggest, sirT Mr. U11om: Well, if the intention is to reduce speed, I don't think that works. I think if the intention is to just warn people of an intersection, ;~ well, frankly, I don't see that working either because people just zip right over them. Mayor Suarez: Do we have any proof of either of those two intentions being - served by thisT Either get people to slow down or... Mr. Prieto: We have mixed reviews, sir. Mayor Suarezs Or advise them of an intersection coming up or... - Mr. Prieto: We have five letters on record, one, of which is his. One is in favor, four are against. Of the opinions of the four against, they reduced to ;:p two things. Noise is, of course, paramount in all the four... g Mayor Suarez: I had thought that noise was the biggest item. Mr. Prieto: Right. And two of them made interesting comments on speed. They - say that. people have found that if you speed up the car, you can actually j. reduce the impact on the car and the noise so people, in soma instances, are speeding up. Mayor Suarez: Ah, the opposite of what you had hoped for. Mr. Prietos Exactly, sir, except... Comrniasioner Plummer: But, that's two peopleT Mr. Prieto: Yes, air, two people. Commissioner Plummer: Two people. Mr. Prieto: Two people, '~ Commissioner Plummers And there's probably a hundred thousand a day that roll ;; : over them, hr.~ F Mr, Pristo: - True, but we... ~~ Commissioner Plummer: There's 3,000 is my intersection alone, .. a dsy. ~a~e, 1'~ you know, ~ustfor tf~a record, you k~aow, this isn't my project, this is whs~e ';~- tbeso people were asking #or barricades and this mss is lieu of the barrioads! ~7 ~s.. ~ sad still trying to accommodate safety in a aeighborbood, 60, you knc~-, I r. man, _ ~Y: ~ t , -: br. Prieto: Mr. Oommisaioaar, iA this particular arse w~+~xo he- ~.a refsxring _~ , to, it's not a barricade issue. it was, remawbsr, speed bumps ~~ ~~r 4-~way , _ ,~~ s-topef, , . tr €: ~° 35 pwss~ ~~r ~r iii~'~ ~ . hy' ~` ~. ,-~ Commissioner Plummer: Doctor, the bottom line, regardless of shat it rues, the people were fed up 1-ith people speeding down their neighborhood. Mr. Prietos True, gesi quits true. Coromissianer Plummer: Theq didn't want barricades, they didn't want 4-~waq stops, evergthing else that we have tried. Nothing has worked in this seems to be the less offensive and, truthfully, in mq office, I caa't speak to the others, thin is the or-lp gentleman that I've had that's complained and they're in how many different locations? One, two, three, four, five, six... Mr. Priet©: Seven. Commissioner Plummers Seven. They're in seven locations. OK, whatever. How many total? Mr. Prietos This one is the one on Tigertail and Hallassee... Commissioner Plummers There's two there. Mr. Rodriguez: Fifteen. Mr. Prietos ...and this one here is the one on Tigertail and... Commissioner Plummers That's four, is six and seven, thirteen. Mayor Suarez: May I suggest, Doctor and Commissioner, and sir, that, in view of the fact that he is the only one that's taken time to come here and complain about his particular one, that you report back to us, let's say in a month, as to whether we could eliminate that particular one and leave the other ones for further consideration? Commissioner Plummer: Or move it. Mayor Suarez: I mean, we're going to go at this forever and ever and we're not going to have a solution, He still doesn't want it there and there may be _~~ good reasons for having it, but at least we can get that solved, maybe, at the next Commission meeting. Give us the final report. What do you think, in view of his concern, the other ones haven't come here, maybe they're not as concerned and maybe, as J. L. is indicating, they do have some benef icisl effect. Mr. Prieto: Yes, sir. Commissioner Plummer: Can I suggest that when you come back, Doctor, that you. -4 come back with as it is what I thought I requested is the beginning and that's a series of three each way and, as Victor said, put the signs up indicating that they are there. Mayor Suarez: Wait, he's raising his eyebrows, possibly why because of expanse or the problem of having series of threes or what? Mr. Prietos No, not expense. Mayor Suarez: Or because you love the idea? Mr. Prieto: They're sot that expensive. ~ ~ Mayor Suarez: I'm trying to read your face. - . } ,,_ Commmissioner Plummer; Qk:, no. ' Mr. Prietos We'v¢ ascertained they are around $400 each. My couceaca ~g.that ~.,, sight now... - ': ~~ t. 3 Ccmdalseioaer Plummets About $1"x.00 of material.. ~~ ' Prietp~ b~' . , .ire havee~!t #gd +~ lot ~~ _~l~c' be~au~~i ap~~rs~~1y.. t~ey'r~ AQx ~,j= : . ~a~ale~g that muat~, iu s+9 ~pialnn, a~~.a~ or redu~tiloa ~ t~~~~-d. t i ~, ~~ `r ' l~~ , ~~~~~W~~~ ~Rr~~~~ ^ ~~ ~ ~~ yh ~~ s. _ Y } .K'~€~S_`"av~=: k ~P~~ Mme.. ;x : ~ i .~' ~rx+ Y . ~ '.~ _ ~ , f _ _- -- ~ - __ -- - - 5 _ _ - Mayor Suareza But you're think if we put three, then you ails have that problem. Mr. Prietos If we put three, v-e're going to have an interesting... Mayor Suareti: Why don't ae leave all the way they are and report back on hie '- and try that for some more period of time or do you want to upset the apple cart? Commissioner Plummer: That's fine with me. Try anything the neighbors are willing to do. I mean, the neighbors are the ones that are complaining about _ the speeding. Mayor Suarez: Yes. Mr. Prieto: Could I propose that we try the three solution in one place and mon... Mayor Suarez: In one location at least? OK. Mr. Prieto: OK? Commissioner Plummer: That's fine. Mayor Suarez: OK, let's do that. Is that all right? Commission Plummer: But, I think in each location, it would be a tremendous help if you nay "Speed Bumps, Reduce to 5 M.P.H." Mayor Suarez: Please provide signage at least. DISCUSSION 47. DISCUSS AND TEMPORARILY TABLE DISCUSSION OF TRAFFIC REDOCTION AND SPEED CONTROL MEASURES ON S.W. 28 STREET (COCONUT GROVE) (See label 57). Commissioner Plummer: OK, let me bring up one other quick thing, Doctor. My ' understanding of the barricades along Aviation Avenue and S.W. 28th Street that they were supposed to be built in such a manner that if an emergency vehicle could go over them. Have you been up there? ~, °? - Mr. Prieto: They haven't complied with that. We... ,k. Commissioner Plummer: How did two coconut trees get in the middle of one of them? Mr. Prieto:. That's right, :air. And big boulders also. i vFi. Commissioner Plummer: Well, but I mean, did you not -who did the v-ork7 °~ Mr: .Prieto: The neighbors did, sir. '~ Commissioner Plummets You did not have drawings or anything to con~r~ol it?' ~,; Hr.-Prieto: We had our criteria and we laid it out. Now. remember, tbi~~a ,; i; Na6... ~:: -- ... t ;" ommissioner Plummer: Have you all bees up there? ~ 4 . __, ,- a~~ `- ~: 3 i.., ~`: ~~ .~ . }.. Mayor Suarez: Yes, you're going to have to re... - ,. N r:° C9masisaioner J?lummats Thane is abaolute~ly ao.aay in the twro oP th+A ipsatiAns ~~ you could drive an emergency... Ar - ~ ~~ •: Mayor. '$t~aresa ...report baa1~ to u~a on that:: because that 7/44 oAA teary char .:, ~ ~_ k ~; ~ +~rite~rioa was that eamergensy vehines ~ou~.d gQ and that wh-~tsq~r dial ~ sc~t34a° has to be taken, you bsGter be 'ready t~ :,talrt~+ it: ° to fit, ' ~ ilotl't~ ovso ~ ~' ~.~ ~ ~his~k=-you :mesa Cown~issioa action oA it. ' - ' =' ~~ ; ~~ ~~~:mbsr a, 1~~~ . ~ ~:; 5~x ,` ~~. :, r -{. . -. ti:i. ~ ~ .~ ` _ ,~- - ~ r Commissioner Plummer: Absolutely not. Mr. Prieto: No, no, it's departmental. We've approached them. Mayor Suarez: It was part of our resolution, I mean, if they're not complying with it, go out there and remove the boulders and the trees or whatever vise has to be re~aaved. Mr. Prieto: Just for your information, this was an experiment... Magor Suarez: You're not going to give us any more information on these items, are you? Mr. Prieto: Yes, sir, well, we usually request a performance bond... Magor Suarez: Yea, you are. Mr. Prieto: ...in this case, we let the citizens do it and, unfortunately, they were carried away a bit on it. So we will in... Mayor Suarez: OK, kind of like you do when we ask you a question, you get carried away and give us... Commissioner Plummer: I would strongly suggest that you go there tomorrow and make those things in compliance. Somebody dies on us between now and the weekend, they're going to come back to this Commission. Mayor Suarez: I don't want to contradict the Commissioner, but whatever period of time makes sense from your perspective, I wouldn't... you know, you're saying like 24 hours for something that may or may not be quite as urgent as... Commissioner Plummer: Can I tell you what? A11 of the illegal portion was done last weekend. Mayor Suarezs Ah. OK, does that take care of 39, item 39? Mr. Rodriguezz Thfrty eight. G : y E~ Mayor Suareze But, does that also take care of item 39? x Mr. Rodriguez: No. Vice Mayor Dawkins: It's 3S. Mayor Suarez: But does that also take care of item 39? -~~ - Commissioner Plummer: What's on 39? ~, h Mayor Suarez: Is there anything else we need to hear on item 39? ~~ Mr. Rodriguez: No. ~} ~: ~;~ UNIDENTIFIED SPEAI~R: Thirty-nine? Yes. :. Commissioner Plummer: Here's a gentleman standing... ~ q Mayor Suarez: Oh, there. we go. ~, ~ Mr. Carl Lambert: My name's Carl Lambert, I'm vice president of... ~ ; ~. '; Magor Suarez: Carl, get the mike, yea. ~'= ~.,< ~. Mr. L+wmbert: Xes, Overbrook Road Neighborhood Association. Carl hea~nbsr~, ~;` Ahd _i~ Me might be deferred for a little while. We have mare nalghbore; cQntiag. Mayor Sna~ee~ Xe~, we'll tablethe it~a-a~Qx s #e~ m~.~uta~, ~ , -~ ~_> ` ~~ag~pA4~. 1'lt~ame~a W~'rR gRin~ t9 ~s ot~t of ~exe~ ~~ +~bQµt' ~~.~t4en :or . ~ . t11AA'~I- AI~iltb~r8~1 • - _ ~- ,A, ~~~ A~~~R#~bA~ ~! ~ ~"~$ `_ ~~ -_ - ~ .: k Mayor Suarezs .rust be careful because we might nat here for a much losxger time. Mr. Lambert: Weil, I'll be here while gou're still here. ~' Mayor Suarezs Ali right. - Vice Mayor Da~-kinss And, if necessarq, sir, pe can reschedule it for another hearing so that people Can come and be heard. Mayor Suarezs Yea. In fact, if qou want to do that, I don't think angbodq here is going to Abject. Mr. Lamberts Well, we°ve been... Vice Mayor Dawkinss I mean, if theq're not here when we get ready to ga. Mr. Lambert: OK, we'll decide and... Mayor Suarezs Somebodq's trging to say something. Aii right, Carl, let us know before we adf ourn. DISCUSSION -------------------------------------------- -- - -- ------------ r 48. DISCUSS AND REFER BACK TO ADMINISTRATION PROPOSED REVISION TO £ ADMINISTRATIVE POLICY APM-1-86 ("SEVERANCE POLICY") - REQUEST A MORE DETAILED DEFINITION OF NEW POLICY FOR ONE THAT IS FAIR AND EQUITABLE r ACROSS THE BOARD. ~; -------- - - - -- -- - -------------------------------- - ;. -~..N- ----- - - - - --- --~~___ _~ t Mayor Suarezs Item 40, severance policq. Did we have an answer as to what people,-Dean, would be affected at this particular point? ~. Mr. Dean Mielkes Yes, sir. ~ x ;. Mayor: Suarezs Counselor, you scare me when qou rise on this item as iE it ~~ somehow had to do with one particular case and not a generic thing, OK. _ Mr. Mielkes Dean Mielke, labor relations officer. Basically, this would _ cover-.the. ACM's (Assistant Citq Managers), the police chief and the firs - chief. That's five individuals; Mr. Bailey, Mrs. Bellamq, Mr. Lee, Mr. Rodriguez, Mr. Smith, Mr. Anderson and Mr. Duke. Mayor Suarez: OK, nom, I've been handed something .that sags, "presuent"-and ,~_ then -"proposed." 'The present has all kinds of figures and... ±` Dr. Alosxso: No, no, no, this is tha present sad this.:. Mayor Scares: ...and then the proposed is blank, or am I reading .3t. irrflng, Commissioner? Mr. Plummer: :Well, I've got a differ~nt..one than you've got:. I don't know - where qou... - ' ~ Mayor Suarezs Oh, OK, all right. - . ,- _ Dr. Alansos ...which actuallq might be a little bit highor than this, x' ,;:~: Nr Mielke: i think 3t just- to summsa<sr~sza it, Mr. Mayor, that, , . ~ ' ~' ~ . _, ~. „, liayor Buax'eas ~ Yes, qes, Dea;t. ~ ~ ~~~~ ~ ~,~ ,. Mr. M+el.ket ,Test to sake ~ 1t ~ I k~-QVr time is Ploatia~. ,~ ~~ esaet-ae, ghat ~. ' yoD're telk~ag about ue;de~' the aid pa~~cy it provided fQ~ d' ~aacimu~a pot+3nt~a~ , ~ E ~_ r ~ kttai~uasr~t of 19Q papa Y+~r ~ s~avox~aACa pap: ~h~+•. sew ps~~~+s~+ ~~~ px~cvd• 1~0. , ' Tie e+~be~tesst~.al otge~ difiereas;e is th~z~e ~~ ~ cla~e~ is ~~~'+s, l.al~ t~-Vid ~ ~ ;~~'~- p~QV~.d~ ;~o€ a pii~d bo~Pi~ts~i~a~tioa if`?tb~~-~ ir~divis~+~ul ~~ Brae ~ i~tlt the e1oy ~~~. _ - ~, - ~} 1 V-' 3' 4 }~ ~ 1 7 _ ~. --- ,_ ^- _ _ ,. ,~ r. - of the City did not receive or be reemployed. In other words, if theq v-ere not reemployed for up to five gears, they could stay in the City's health - plan. That's the primary difference. What I tried to shave there in essence was, what was your maximum exposure rather than saying a minimum exposure. I think you have... by looking at it, qou can see that most of these people are fairlp young, not like myself, and that they obviously will be reemployed somewhere. Mayor Suarez: Let me add this. Novo, there are some situations, for example, moat notably, although it's not exactly similar, but most notably that of the City Manager himself. Mr. Mielke: Certainly. Mayor Suarez: Who is appointed by the Commission, as opposed to one of these individuals here who is appointed by the Manager. But there are situations, for example, the City Manager, where if he were, at some point, to be dismissed, whatever the correct term is, 1 think, presently, if it wasn't for some kind of a contract we've entered into, he would have got nothing. In other words, he had no vested retirement benefits at all. This sheet here does not deal with that at all. Mr. Plummer: No. .. Mayor Suarez: Thin sheet does not deal with the vesting of retirement benefits. Presumably, all of the people that are in here, have vested retirement... Mr. Mielke: Oh, no. Mayor Suarezs No? Mr. Mielke: No, no, no... Mr. Plummets No, you have a different, entirely different concept. The City Manager and some others who elected to do so, took their pension in a lump sum from the City and put it in aiith the AC... Mr. Mielke: ICMA (International City Managers Association). Mr. Plummer: ICMA. Now, others in this particular setup did not choose to do that and ass, in fact, part of our pension program within house. That's the big difference there. Mr. Mielke: That is... Mayor Suarez: Yea, but some people, and the Manager, I believe is in one of those. categories, simply does not qualify, does not have even a minimum of ten years. with the City, whatever the vesting period is, he would get absolutely. nothing, if it hadn't been for a contract. Mr. Mielke: You're absolutely... J.L. 's correct and you're correct. If you're is the City's plan, it takes you ten years. If you have less than i0 years service and you get asked to leave, you're dust out. If you're in the... s~- Mr. Plummer: Well, and also, of course, the rule of 70 comes .into pl8y, b Mayor Suarez: Yes. Mr. Plummer: Under the new rule of 70, you know, you can bail out before, Go ahead, whatever, you finish.... ,~_ Mayor Suarez: No, what I was trying to get at Ya that what we're talking about here is not is nay way retirement benefits. We're talking about a: particular lump sum payment, severance, as a result of a severance, Now, doaa~ that mean •ev4rance like you go or you go or dons it mesa aaverance like, you know, we would like you to go but we've willing to negotiata`~~i~b yo~t? - . !l~r, gielke: It's what we affectionately Gall being outplacad and.' , ~ ,,~ ~' Mr. Mielke: it'e a nine word we use these days and when the word coraes~ dawn that... Mayor Suarezs That's right, you don't get fired any more, you get outpia~ed. -_ Mr. Mielkes the Manager calla me and gays, "Joe Blow won't be with us," and that's when this plan kicks in and t make it work. Mr. bawkins: Can somebody... Mr. De Yurre: Igo into no work status. Mr. Plunnner: Yes. Mayor Suarez: No work status! Mr. Dawkins: Can somebody explain to me... (- Mr. Plummer: Not necessarily. Mr. Dawkins: ...the necessity of extending this beyond the golice chief and the fire chief? Anybody in here? _ Mr. Mielke: I think the logic of the Manager, and I can only tell you what I _ think his logic was, was that those individuals are, in effect, like his _ - cabinet, those are the people who report like the three ACM's and the police chief and the fire chief will report directly to him. Mr. Plummer: But what basis does that have? All department heads report directly to him. Let's remember that anyone that in this category here... Mayor Suarez: It's like the cabinet, I love that. Mr. Dawkins: The cabinet, I like that. ~; . Mr. Plummer: ...is an unclassified status. _ ~: Mr, Dawkins: .That's right. Mr. Plummer: OK? They serve at the whim of the Manager... a Mr. Mielke: Certainly. Mr. Dawkins: That's right. Mr. Plummer: ...with the exception of the City Attorney, the City Clerk and ~- the City Manager. Now, they can be reduced to their highest civil service _ rating the aext day by the Manager. That's in the .prerogative and. in the charter. Mayor Suarez: If they happen to have a civil service position.,. = Mr. Plummets If they have one, yes, of course, That's the... , ~ Mayor Suarez: ...that they vrould have a right to ~o back to. Occas~.onally, ~_- = that doesn't happen. ~' ,;, . Mr, Plurasner: Aad if they're not terrain... aad if they're terminated from that ;r ~„ position under ggod auspices. Mayor Suarez: Right, Aad if it's not for cause. Mr. Da~kiae: But see,.my problew with the whole thing is that.,. ~'~ bayor Suarez: Oh, I agree with pou. ''.' - Mr. Da~-kims: I can understand a - dust like, all rl~bt T hate to - _ ~r~oQ~ali~~e it, but let ~ o take the yire Department. NoN+ the Firer ~tey~-rtmsat, ;; the ~'~.~s ~h~.e~ has beep xorkiAg with us to el~iSate vrhat ~ pax~+~elwe ae ra~~Aa~ _; ~,~ tie 81aeeE Depaxtm-~~t~ lu t#e ev~ut that . auQthe~ ~~ty t~an~sr ~~es oA, t~si ~~ ~; ~bl~ ~~y ~l~ dop #le Qb sad aoa-e , ~ pat~pl.~ gat tQ the gear ~uY+ t,~ea ~tti~r dire ' f t . . :., ~~, ,: :; ;> , ~ , 1~r1 ~; = ,; - Chief can no longer do his job. So, I could understand us having something _ saying, if, God forbid, the Manager drops deed or he quits or goes to a better job, I could understand that. But to tell me that a nea Manager coming on is - to be saddlefl with - your cord - this present Manager's cabinet, I got a problem with that, a serious problem. - Mayor Suarez: And, if not, it would coat the City some of the amounts in here. I could actually have a tough time extending it beyond the Police Chief, myself. But, if somebody wanted to put the Fire Chief in and you wanted to try to argue that somehow that... Mr. Plummer: You got to make a... whatever policy, in my estimation you make, has got to be fair and equitable across the board and for my vote, Mr. Mayor, you know, we're not talking... we're talking about here severance, severance, OK? Now, in normal private business, you get, at most, under normal circumstances, 30 days of severance. That's the category. Now, Dean disagreed with me this morning and said that some corporations do base severance pay on the longevity of the person involved in the job. Mr. Mielke: Well, there's really, there another, it's not the benevolency of corporations, as we know that doesn't necessarily exist. The f act of the matter is, and I think the City Attorney will tell you, that one of the reasons you do these kind of things is to minimize lawsuits from disgruntled employees who say, "I was let go for, but for..." Mr. Plummer: Yes, but you see, under our charter, that is not a provision. Correct? Mr. Jorge Fernandez: Correct. Mr. Plummer: And the problem... you know, if, and it's unfortunate we're using personalities here, but just for your example, Mr. Mayor, I asked Dean Mielke to draw for me what the Police Chief would make tomorrow - not tomorrow, I think it's next June... Mr. Mielke: Yes. Mr. Plummer: ...if he retired. What would he draw? He would draw $55,000 a year for the rest of his days. Now, to that, you're going to be adding... Mr. Fernandez: No, no, no, this policy does not apply if there is retirement. Mr. Mielke: This is if you're run off. Mr. Fernandez: This policy does not apply... Mayor Suarez: How about if he quits? Are you... Mr. Fernandez: If he is asked to resign, if he is whatever outplaced the word is, or if there is a change and a new Manager would like... Mayor Suarez: But he still would get the $55,000 a year that he's talking t, about. Mr. Plummer: That's right, he'd still be getting that as a retirement.. If - - sell, ao, cot if he stayed on and went back to his civil service status. Mr. Fernandez: Or, if he west elsewhere and chose not to retire. Mayor Suarez: Yes. OK. Mr. Plummer: See, you also... '' Mayor Suarez: But, I mesa, he's entitled to a minimum of what he gust stated. That's what he was heading. Mr. Piummoro That's minimum... . Mayor Suarez: Right. Mr. Pluapasr: ...now, thexs's anothex factor in hers, OK? Tbst otper factor, :,` pass, boar many days can they accum~tlste is sick days undsx~ the nea pal icy? ~'~~ pat~~~bar 1, .i4~P -, (-, - - _ -. :fib.. Mr. Mielke: The basic cap was 4b0 hours and it scales down depending upon your level you had at each increment. It really... Mr. Plummer: Do I remember 240 days? Mr. Mielke: No, J.1.., it's not... the max you coulfl ever get was 960 and it goes all the waq down to about I'm guessing now I think it's 400 hours. Mr: Plummer: Well, but OK... Mr. Mielke: Divided by eight, obviously. - Mr. Plummer: ...give me your calculator. Mayor Suarez: You know, I have to say, and I don't know, J.L., if you've __ terminated pour inquiry on this, but my understanding is that we, at least I i would, for myself, like to give the Manager a free hand at any time in dealing with the Police Chief, maybe the Fire Chief. High pressure fobs, we ask super ~ i - human effort, it's subject to every possible political pressure if not handled ' properly, etcetera, etcetera. We know how difficult it is to be Police Chief in the City of Miami. Maybe or maybe not Fire Chief, I don't know. And, ?- therefore, because we had already passed an ordinance saying that we wanted to restrict severance pay to some standards that we had, we wanted to exempt some people, specifically the Police Chief. As far as I'm concerned, if we wanted to pass, right now, and if somebody wanted to move that we exempt the Police Chief and the Fire Chief from that previous policy and then give the Manager a free hand sub ect if ou want to make it that wa to final a ~ , y y, pproval by us, but to be negotiated by the Manager, recommended to us for specific approval `~- on aparticular case, that would be fine with me. I don't see that we need to ~_ get into any of those other officials frankly. ~:. `~ s' Mr. Plummer: See, just using, if they had the maximum amount... _ is Mr. Dawkins; So moved. L' ~. Mr. Plummer: ...of hours. - Mayor Suarez: So moved. . Mr. Plummer: You're talking about an additional $44,OOA. r • j` Mayor Suarez: Yes, and I'll second it. If Commissioner moves it, I second ;* it. Mr. Plummer: Now, let me understand what you're saying. You're saying, ~~_ `' exempt those two from the policy, formulate a new policy and come back to the ~' City Commission with it. Mayor Suarez: No, I was saying, exempt them from the policy and leave so that ;; (~ the Manager is back to where he was before, he has the ability to negotiate "'' and if you want to put the rider that he than must ultimately bring it back to _ uaforapproval, that's fine too. I would... ~~ Mr. Dawkins: If he doesn't, he don't have to. ~~- .~. ~<: Mayor Suarez: That way, we can keep a certain check to make sure-.-that the k~. thing doesn't get out of hand, I mean, you know... `'~' Mr. Plummer: We11, Mr. Mayor, the only problem, as I said bef9ra that I have .. with .that, is the fact that it's not fair and equitable to all of the rest. +~~ ''~. Mayor Suarez: I don't think there's any need to be fair sad equitable to sny of the people that are here as much as I have pereoaalrespectfo~ nay s~f ~~`~. them. They have all kinds... Mr. Plu:mner: Moll, I have personal respect for all of then sad that's rhy 1•m ~ ' bringing up the question. ' ` Mr., Dawkins: Why is it unfair, J.L.? ..,,. .~ ~~'. ~.'~ul~lieri WOII, ~ meaa+ you kaQw... - =,~, ~.. a ~~$ ~la±~~S~bA~ 7, ~~~~ ~ ~ ~~ u ~K .F. ' ,~ 4 > k~ - b: °.~ t r~ ~ n ~I • Mayor Suarez: They have all kinds of job security in the City of Miami if they've been here the appropriate number of gears and so on. Mr. Plummer: Don't they ail? Mr. Dawkins: Why is it unfair, J.L.? Mr. Plummer: Well, i think it's unfair because theq all serve in a so-called unclassified service, they al ]. serve in a capacity of being able to be tern-inated the following day. They serve at the whim of the Manager. And I just don't think it's fair. This is going to be the first deviation that ae've had from what I consider to be fair and equitable across the board to all that serve in a given status. That's where I have a problem. Mr. Fernandez: Mr. Mayor, as a point of reference, the Manager consulted me on this issue and I expressed similar concerns to what Mr. Plummer it; expressing. Here, you could have an argument of equal or fair treatment. If you're treating people that are in similar positions with equal or very similar ranks, you'd treat them disparately or differently, legally you're setting yourself up... Mayor Suarez: I'm not treating anybody in any particular way, I am exempting from a policy someone and giving more discretion to the Manager to negotiate something, always reserving the right of final approval if he negotiates something unreasonable. That's all, I'm not treating anybody differently. And by the way, to the extent that I think we should treat people differently, I think the Police Chief of the City of Miami should be treated differently from any other position in the City of Miami, including that of the Manager, including that of the Manager, for myself. It's a position that really, really takes a toll on a human being. Mr. De Yurre: Well, you know... Mayor Suarez: I suppose being Manager too, for that matter. Mr. De Yurre: Well, you know, being a City Manager has to take a hell of a lot of strain too. Mayor Suarez: Yes, in fact, let me say that, yes, I would say that being the City Maaager or the Police Chief or the two... and in the case of the City Manager, we have deviated from every policy. We have a written contract with hits as to severance. Mr. Dawkins: Mr. Fernandez: Mr. Dawkins: Mayor Suarez: Mr. Fernandez: Mr. P1umRner: Mayor Suarez: Mr. Fernandez: Mr. Dawkiass Mr. Plumaaer; Mr. Fornandezs Mr. Dawkiaer: Mayor Swares: ,' l1r. Feraanelet: ,~ s j ,, That's right and he has a... fi ~: You do not have a written contract, do you have... - He does have. What does he have? What do we do have? What do we have then? You have a resolution which is an express intent of ... ;_; r; Is it agreement? `~' a ~;;~ t It's got numbers, it's got dollars and cents in it, doesn't it? ~` .y,. Zt certainly does. ~~ And it's signed. - Of understanding. ~~°~ r No, it is not signed by hitn. Thera are no two parties. 8y us. As a resolution, I signed it. ..Yea, correaea, or. But, otherwise:... ;;_< :f; 1~~ Bs~e~b~r 7~ 19~'~ .. ~. ~: °~ ~: . , ,~ ~. ~~; _ Sr_ -- Mayor Suarez: Ail right, sell I'm bound by it, aren't Y? Mr. Fernandez: You certainlq are and I'm not salting or insinuating that this Commission is not bound by it. j: Magor Suarez: And you don't think you could sue on it? Mr. Fernandez: It would be questionable. it's not a two-party agreement. _ _ And agreement and acontract... Magor Suarez: A lot of one party agreements can be sued upon by the party _ benefited if the other party signed it. Mr. Fernandez: Correct. _ Mayor Suarez: Thank you. - r Mr. Dawkins: What makes it legal to have it with the Manager and not have the same kind of quote, unquote, agreement with the Chief of Police and the Fire s Chief? - Mr. Fernandez: Because only the City Manager can enter into those agreements with his employees and not necessarily you. You can set the amount of s - }- compensation. Mayor Suarez: And that's why we're exempting this to Chief and giving him 4 discretion. ~ '~- Mr. Dawkins: That's why the Mayor referred it back to the Manager. The Magor referred it back to the Manager for the Manager to act on and that's illegal? _ i Mr. Fernandez: No, no, that's very correct. That's very legal, but that's completely contrary to what this Commission told the Manager several months. ago vrhen he gave a severance package of his own decision to Chief Dickson. ~ ,~ ~~- Mr. Dawkins: Wait a minute, run that by me again. -}' Mayor Suarez: I think, because is that case, he didn't bring it back, he -. didn t clarify all of the terms in it and.... Mr. Fernandez: Fine. ' Ma or Suarez: ...we wanted to retain that abilit to finall a Y y y pprove it. I think... - Mr. Fernandez: Correct, and that's fine. '~- ,~, Mr. Plummer: Wait a minute, wait a minute. Why would that take effect when Dickson left of his awn free accord? _. Magor Suarez: It aasn't. ~: Mr. Plummer: If I understand correctly, this severance policy is only affecting if a man is terminated by the Manager. Is that correct? Mr. Mielke: If you're asked to leave.. ,~~, Mr. Plummer: If gou'ra asked to leave. ~` =,~. !!r. Deakins: That's termination. Mr, Plummer: = aPP1Y• Mr. Mielke: ~'' Mr. Flwflmar: they seat to. Mr, i4ialke: ~~; ~~, , !: It's not, if he leaves on his own volition,-:then th~,a does: sot n That is correct. So, we're only talkiag about those people aha leavs sat beceuoa That 1~ correct., ~t;, .. _... ~t Mr. Plum~oer: So, Dickson Gould not be part of that policy. he panted to. He left because Mayor Suarexs Y'es, in a sense you could say, if you assume those facts, that it Gas even more of an objectionable situation, from our perspective, because e person aho left on his own negotiated pith the Manager a particular T severance package even though he pas not being severed and we had no final approval over it. That's why we sere upset. We panted to have the poliny = apply to everybody but I think that it really makes sense to exempt - not to - hold the Manager to the particular policy that applies to others as to th,e Chief. He negotiates it with the Chief, he brings it back to us for final approval, pe can approve or not approve. - Mr. Plummers Well, here again, let me understand correctly, this policy, as proposed and the motion made, only applies to those people who leave not because theq want to, for better words. Mr. Dawkins: No, my motion only refers to... ~- Mr. Fernandez: No, no in fact... - Mr. Dawkins: ...the Chief of Police and the Fire Chief who leave. Not to none Mr. Plummer: OK. # f- Mr. Fernandez: In fact, there is nothing written in front of you now for you to consider by way of a policy, if you go with Mayor Suarez's recommendation. _ The policy that was written and presented to you becomes a nullity because _ then what Mayor Suarez intends to do, it give to the Manager the full authority for him to negotiate and then come to you, if I understand Mayor ` Suarez' motion correctly. Mayor Suarez: Not at all. Not at all, you sure messed that up. ~'~ Mr. Fernandez: I'm sorry. - Mayor Suarez: Wow! We passed the policy phen we told the Manager, do Got 1 g negotiate all kinds of City employees, presumably, not just the Chief, all these people that you've listed here; discretionary employees if you giant to ~i call them that. Although by the way, there's all kinds of differences here. Some here have all kinds of rights if they leave because they were, in fact, in civil service and some don't, so there's all kinds of different situations here. And we said, do not deviate from that policy ae to all of these employees, right? Mr. Mielkes Absolutely. Mayor Suarez: Now, we're saying, we're maintaining that policy in effect, ' we re only giving you discretion as to the Police Chief and the Fire Chief to negotiate with them severance and always bring it back to us far final ' approval. That s all. ~: Mr. Plummer: OK, but here again, in those two individuals, narrowing it dopn, ~. this only applies if they are teraninated other than of their free pill. If > _ they ~-ish to resign,-this policy is not in effect. Ia that correct? Mr. Daakias: If they resign wader p>•essure. f Mr. Plummer: No, no, no, if they resign for their own ressons... + ~ Magor Suareee Yes, let's be clear on that. What did the poiicy~apply'to ~. `.: befcre~ the one- we sat before? Was it only to a totally = to a; ~aorkpd~ "quit "- aeveraace or a sort of outplacing, as Dean called it, or did it apply also u - a totally voluntary severance if the individual claimed the rights under that ;° policy? I don't knop. _ ,; ,, f~ Mr. Fernahdea: Making reference to them by'appropriate cumber, ~.'M-1$b, r-hi~h was the original policy that gave severanco beaefits tp peopio had ~#~e ~ cand~on. xt Gas mot to 4e applied when thoy wore either ratiriag or ~eav~,ag voluntarily on their s1vu. ,. ~: ~;= l~~ Dece~a;~tar 7'~ l~$$- ~~ ., ~~; Mr. Plummer: OK, I.... Mr. Fernandez: And those are the same standards that we have in this ner- policy in front of you today, which I still maintain is not contemplated in -: ; . ^ tz f ;~ ~- - _ -~ ~4-~ Mr. Suarez' motion. br. Alonso: 30, what we are saying now, it's when we let someone go, the police Chief or the Fire Department, mq understanding is we let them go because something is wrong with the job theq are doing. Otherwise, ave should - keep that person in the job, so we are given an exception to that and we don't think that the old severance policy was enough and we are giving then - we are - allowing the Citq Manager to increase or discuss the package at that particular time. Is that what we are doing? Mr. Mielke: Commissioner, if I maq answer, I don't believe in that, but I can - tell you, qou can get eased out the door here for a lot of reasons, not necessarq one may be job related. But let me just saq, if I can think... what the Mayor's trying to say, if I understand is trying to saq... s Mayor Suarezs It's not even mq motion, by the waq, I just seconded it, but... i Mr. Mielke: He said leave it status quo with the current policy for evergbodq with the exception of the Police Chief and the Fire Chief and if the Manager chooses to negotiate a package with either one of these people, then it's coming back for up subsequent review for this body. If that's, I understand + them. f Mr. Fernandez: And that would be fine... `" Mr. Plummer: I'm still going to be a stickler on the one point. This is only -_. applied as if they are terminated by the Manager not of their own free will. Mr. Dawkins: For other reasons other than malfeasance or something like that. j- Mr. Plummer: Here again, I'm asking. µ. Mr. Mielke: No, it's not a free ride, J.L., it's not you saq on pour j, retirement day, oh, by the waq, give me this. ~_ Mr. Plummer: No, I'm not saying retirement date. If, for tomorrow morning, ,~ ;~ ` ; either one of these gentlemen choose to retire. ~ _ Ma or S ' y uarez: Let a add that in. Mr. Plummer: OK. ~~_ Mayor Suarez: Let's add that in. Mr. Plummer: OK, that they do not receive this if they, of their awn free f' will, chose to retire. ;, ;, Mr. Fernandez: Then, my opinion would be that they would not be legally entitled to this severance - to the existing severance policy that we have... a,° ~;~. -~ .~ Mr. Plummer: Severance... Mayor. Suarezs All right, so as a further clarification, that's finis then. That this does not applq to a situation where somebody just comes in and saps, "k "I'm leaving." Mr. Plummer: In companies that I know of in private business, sevesanco is ~ only so that they have a carryover to take them to their next job. 4$? ~ ;_' That's the norm of what severance really mesas. Now, if they leave of their own free will, God bless them. ', ,~; Mayor Suarezs Presun-ably, he wouldn't negotiate -with anybody sap gack+~ge °9r V present it back to ue if the person sfmgly just Manted to leave, I maan. ` Sf .; ,~ they wanted to leave, they're always free to that I'm aware of. , Nr. P1uAaner: ABC. ~, a y. ~~. _5 ~` ,; ~~~ ~~+cet~b~~ ~~ 14~A ~. Mr. De Yurre: I just got to say that, qou know, just the whole concept of severance pay strikes a sour note to me, qou know. If you haven't done the job and you're being dismissed because of that, I just can't see getting a bonus to get out. You know, if you're doing your job, you're doing your job and you're staying. And the way this, you know, the way this Commission runs and then, you know, ae have politically, ae have all tug of war and all things go on, but there's a status quo that remains. And you hear 27 different rumors, but, you knoa, things continue to run. And people that coma into this Job, they knoa what they're getting into, They know what the exposure is, they can go work for Wometco or they can go work for Burdine's, if they sent. But theq decide to come here, they know that that's just the way it is. Now, if they want assurances and bonuses and all kinds of things because they're serving the public, well, you know, I don't see it, and it just, qou know, I'm just, I have mixed feelings about this whole thing. About giving, you knoa, additional benefits to people because they're fired. Mr. Plummer: Well, that doesn't apply. Now, that's the point I'm trying to make. If they're fired for cause, this doesn't apply. Mr. Fernandez: Let me read you this... Mr. Plummer: If they leave of their own free will, this does not apply. Mr. De Yurre: It doesn't apply. So why do we need it? Mr. Plummer: If they retire at retirement age, this does not apply. _ Mr. De Yurre: So why do we want this? Mayor Suarez: This is a nether, nether world of outplacing, is that the term? Mr. Mielke: That's the nice word for today. - Mayor Suarez: The euphemism. It's negotiated severance, is what it is. It's happened in the past, it's what the Manager has, it's a package similar to - what the Manager has. I think, actually, he has a lot better package, but... Mr. Plummer: Somewhere along the line, I guess somebody's got to say the fact and you - let's pick on the Fire Chief for a minute. Let's get off the Police Chief. If the Fire Chief tomorrow comes under these policies, he not only has made roughly $130,000 a year as long se he remained in that position as Chief, he would get $76,000 in severance and he would get approximately $44,000 in the accumulated sick time. That's another $110,000. Plus, his retirement and how much is his retirement? Did you calculate what the Fire Chief's retirement would be? Mr. Mielke: I don't believe I did, but he's got 25 years of service. He wouldn't do as well as previous people because he doesn't qualify for the one percent executive emolument. Mayor Suarez: Roughly, roughly, Dean. Roughly, some amount? Mr. Mielke: Oh, I'm guessing probably in the fifty-five area. Mr. Plummer: Fifty-five? 3 Mr. Mielke: Yes. Mr. Plummer: You know... _ ,'r; Mr. Dawkins: Now, let me ask Dean a question. Mr. Plummer: In the old days that's know ea living pretty damn high .off the _ '~~ hog. Mr. Dawkins: Dean, let me ask qou a question. How long have you been here, Dean? How long have you been working for the City, Dean? ter. Mielke: About fourteen yearn. ~4r, Dawkins: Fourteen years. When you came to work for the City, did Lhe _ ,~ City have this gra~dioae peasiaa plan or wan it developed after ~ i k-o+~t ~* ,'`~ while you were hereF i48 A4~aa-bor T l9Q9 ~: . ' ., _ ~= ~ __~ r . ~n "~ ~ Mr: Plurteanr: No, before. Mr. Deakins: Nuh, sir? Mr. Mielke: No, the pension plan eras before I got here, sir. Mr. Deakins: So, therefore, all this we're talking about, about shat people are going to get, that's in place. Mr. Mielke: Yes, sir. Mr. Dawkins: See, that aas gratis from previous Commissions who sat here and gave array these benefits. So now, don't hold me accountable because these people belong to these pension plans that reward them so handsomely and make it look as if these four Commissioners - but that one was here... Mr. Plummer: That's right. Mr. Deakins: That one mss here. Mr. Plummer: That's right. Mr. Deakins: Don't make it look like these four Commissioners, you knoa, dust took a tub of money and say, here it is. Mr. Plummer: No, that's not the point. Mr. Deakins: OK. Mr. Plummer: The point is that they are legally entitled and I would fight for their rig ht to get that grandiose pension plan, as you call it. That's not the point here. Mr. Deakins: What is the point? Mr. Plummer: The point here is something on top of that grandiose plan. Mr. Deakins: What is on top of it? Mr. Plu~o:ner: Here's the numbers right here. Mayor Suarez: We're sot voting for... Mr. Plummer: The Fire Chief would get $76,000, the Police Chief could get $63,000... Mayor Suarez: We're not... ~- Mr. Plummer: That's on top of pension. :~ Mayor Suarez: We're not voting for this. Mr. Plummer: Bxcuse me? ." ' s Mayor Suarez: On the ~notioa on the floor, ae're not voting on this.::. _ Mr. Plummer: Mr. Manager, you are turning it over to the Manager,.. Mayor Suarez: If you give me the benefits the Manager has, I will accept that ~_ title.... ,. Mr. Plunpner; ~. Well, I sill, give you that benefit except who derived t~~+se ~= ~-- aumbers but the Manager? ~- , . Mayor-Suarez: But, that~s not the matioa before ua, , ~lr, Plummer: But he.. , ,:: ,~. Mayor Suarez: ~~esa people will sot be iaaluded. r, Mr, Plummer: . QKR hay.., ~_ ~. ~;~_= - ~; 14~ ~l~~~tbA~ 7, i'fi~~ ~` L ` iTi f ~ ~ 4 y .i ~" " _ • • Mayor Suarez: By the way, for mgself, if the motion passed and if we now had a situation where, for whatever reason, the Fire Chief were to be asked to leave, and I have respect for him, great respect for him, I Mould not vote for anything beyond the established package. In fact, if it was still up to me, I wouldn't vote the established package at all. I don't even know how we established it. I just think he would, you know, he would get his retirement and that's it. Now, we have a package of severance for anybody who is asked to leave a discretionary position, presumably it's the smaller figures in here. I don't know when it was established, but it was before my time, presumably, and I'm not asking today to change that. I'm ,just saying that, as to the Police Chief and the Fire Chief, to allow the Manager to negotiate and then the Commission has to finally approve. I would not vote for anq package right now for the Fire Chief. I just wouldn't. I don't think that that job is comparable to the Police Chfef. But, you know, I respect other people feeling otherwise. What I'd like to see done is to give the Manager a little bit of more discretion as to those two positions, not all of these others. And that's the reason I would support the motion. Anyhow... Mr. Dawkins: Call the roll. Mr. De Yurre: We have a motion and a second. Mr. Dawkins: Um hm. Mayor Suarez: You're chairing. Mr. De Yurre: Any further discussion? Mr. Plummer: Call the roll. Mr. De Yurre: Do you want to restate the motion? Do you understand what the motion is? _ Mr. Fernandez: Let me be clear on the motion again, Mr. Mayor. It's a motion to... actually instructing the City Manager that in the case of the Fire and Police Chiefs, he has the green light from you all to negotiate with them a = severance package given the right conditions for severance, of course, subject ultimately for him coming back to you with those specific packages for your approval. - Mayor Suarez: Yes, but let me simplify it. Now, didn't we approve the other, the established package, whatever we call it? Didn't this Commission approve it? Mr. Plummer: Yea. Mayor Suarez: OK. The existing one. - 0 _~ Mr. Plummerz APM-86. - ~ Mr. Fernandez: Yes. - Mayor Suarez: Isn't it a much simpler way to say that the very. packagQ ae approved, that we simply exempt from it, from . the restrictions of it, that those two positions? The other ones mmrs discr etionary, but keeping in mind that we have to approve finally whatever he does offer them. That's all. Dr. Alonso: So, what we're saying, they,.. ~= Mr. Plummer: I stead corrected, we did not approve it as a Gomnissioa. tie °s !:. ~H just merely told the Manager not to deviate from that policy that was im - affect. ~ '; x < Mayor Suarez: OK, is this case, vie would take away that instruction not o daviata as to thssa two people and eay that hs may negotiate with them somaL•hiag else as long as he brings it back for our final approval. Mr. Fernandez: That's my understanding. ; ~ Mr. Aa Yurre s What kind of deal do they havo ' ' ~- the thinK is, ii me .approve '~ that motion, then we re saying that Wa ra in a position that we want th9A-i ~o gat somathiag morn automatically. 0K? y: ~~. .; + ~. . ~~4yu ..,,F~ ~ .. .. .v. ~. s Mr. Plummer: Yea, and 2 think gou're also setting a precedent for the fact that these other people are going to wind up suing, saying, whq isn't it in effect for them. Dr. Alonso: Um hm. Mr. Plummer: My negative vote, at this time, is going to be predicated for the motion on the fact that it's not fair and equitable across the board. When I took the pension of the City of Miami and tried to get it dualified under IRS (Internal Revenue Service), which we fought for gears to trq to get done, the one thing that IRS came back and said, "Unless your pension fund is fair and equitable across the board, we will not approve it." And the problem there... Mayor Suarez: That is not being affected by this. That ie still fair and square across the board. Mr. Plummer: Well, Mr. Mayor, we have a disagreement. OK? Mayor Suarez: This is not the pension fund. OK. Mr. Plummer: That is what makes ballgaraes. That is why there are five of us. Mr. De Yurre: Call the roll. ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY MAYOR SUAREZ, THE FOREGOING MOTION FAILED #` BY TFtB FOLLOWING VOTE AYES: Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Commissioner Victor De Yurre ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: I got to vote no, it's not fair and equitable across... COMMENTS MADE FOLLOWING ROLL CALL: Mayan. Suarezs OK, if nobody has any other alternative suggestions, we proceed. Mr. Plummer: Wait a minute, wait a minute, let's just don't drop the issue. ~, Mayor Suarez: OK, what do you suggest that you would vote for? ~' ~ Mr. Plummer: OK, what I would like to see is to turn the matter over to the ~ Manager and come back to this Commission with some fair and equitable across- x, ` the-board - and when I say fair, I'm talking dollar amounts - as well as mn established policy, how long they're with the City, what the special criteria is as to shat they will receive and is it based on gears, is it based on what '" and have the Manager present to us a new policy. ~. Mayor Suarezs And that includes reviewing and not necessarily acceptinS ass r " established, the old severance policy. Just reviewing the whole thin? I. ~ ~- .V ~` f mean, are you willing to... Y ~{_ ~~ Mr. Plummer: What I guess I'm saying is, maybe the old policy heeds updati~. ~: OK? But I do Peal, or I felt, that the old policy waa~ fair across the-board ~= ; ~ and applied to all. : .r Mayor Suarez: And he should review it across-the-board, consider reduci.nS or '' ~: :}. increasing it as he deems fit, and get back to us fox final mppraval. '~ [ ~ ~ } bs. Plyma-ert Tbatss fine, sir, Yos~ that's Elsa, --. - - ., >. ' : ;~ 1 - ~b _ ;fir ` j r~ i . - .. r 5 x ., U • • ,~ Mayor Suarezs Although you have #ndicated you would gainst it if it ~-ae an increase across the board, right? Mr. plummet: No, sir, I did not. Mayor Suarez: ~fo? Mr. Plummets Fair and equitable. Mayor Suarez: OK. Mr. Dawkinss Well, irty vote is going to be negative because fair and equitable fs going to do nothing but send us further in the hole and we got enough of the deficit s pending I think. Mr. Plummer: Well, you heard the Mayor just make the statement... Mr. Dawkinss Wait now, I did not philosophize when you said you were voting negatively. Now, don't philosophize on my negative vote. Mr. Plummets OK, I won't. Mr. Dawkinss OK, thank you, thank you. Mayor Suarezs OK, I'm not sure he's going to have very clear. Mr. De Yurre: Just out of... Mr. Plummets I'll just make a statement. Mr. Dawkins: OK, now that's better. Mr. Plummets The Mayor said, increase or decrease. Mayor Suarezs But you said you would not increase, I thought. Mr. De Yurre: Now, out of curiosity, who's idea... Mr. Plummets That ain't philosophy, buddy. Mr. De Yurres ...was this whole issue? Because, you know, it wasn't my idea. Whose idea was it to start revamping...? Mayor Suarezs You're the only one here, Dean. Was it your idea? Mr. Mielks:, I don't generate policy, Mr. Mayor. ;' ~, Mr. De Yurres Well, how did it get to you? 3 ~. Mr. Mielkes My boss told me to carry it out. ~t Mayor Suarezs OK. ~ " Mr. Plummets What did I miss? '~ Mr.°De Yurres What was that? '~ ~, Mayor Suarezs He said his boss told.him to put together Chid package 'qr this... Mr. De Yurres Which is? ~.; _ Mr. Mielks: Cesar asked me to put it together for you. . , , .~~ ~~ Mr. De Yursces QK. Did he give qou a reason? Mr.' Mielks: He did not give and-a reason. ~; _. Mr. De Yurres So you just -did it . ~ ~ ; ,~ ~. ,. ~ ~ tit. tdis~lke: Ah, Me ds~use~sd it He'to~.d ~ shat h~ ~rsuptsd aa_d l xorked uit# - " y~~ ~~~ ~~partmaut sad ~~ ~{~~ i~ MYg~~~iQ~ ~~~ ~~~i ~gii~ lit M~i,yQ~• ~ Pk. -: ~- 1~ ~ p~C0i9~t~'# ~ ~ ,~~~~'~ ° T S. = , ` ~ . , R ,~ t ~ 3,i ''ti. Mr. tie Yurret OK, sell maybe we need to wait ne*t time till he's here so he can ei:plain his reasonings whq he feels that there should be a change. Mayor Suarez: That would be, by the way, in line with the motion made by - i think made, by Commissioner Plummer, that he review it all and come back. I mean, certainly in the ~irocess of reviewing and coming back and reco:mnending, we could ask him whq he proposed this in the first place. Mr. De Yurre: As it is, it seems like it's not a bad package to begin with and, then again, going back to this same concept, of, you know, if you're gone, you're gone and, you know, why should you get a, you know, brownie points for being fired So, I'd just like to hear from him, maybe, on the 14th we'll get him back. Mayor Suarez: And, you know, we do have to be careful with terminology, the more I think about it. It's not really "fired" either. When you are... Mr. Plummer: Terminated. Mr. De Yurre: No work status. Mayor Suarez: No, no, but now that I think about it, the whole point is that we're not talking about civil service status here, we're talking about a totally discretionary, unclassified position where the person functions totally at the pleasure of the Manager or in the Manager's case, at our pleasure, really could be just simply like a whole new cabinet, to use that other term. It's not really fired, it's someone asked to give up a discretionary position and go back to the highest civil service, if he has that right, or if not, go elsewhere, but it's not "fired" in the sense of having cause to be fired. It's lust... Mr. Plummer: Mr. Mayor, in my 20 years here, I only know of one time in which - a City Manager terminated an individual without cause. Now, you can disagree whether his cause was justified in some of the others, but in only one time do I recall where the director of yachts and docks who was terminated without - cause given. = Mayor Suarez: You mean, he was not terminated in the sense as a City employee. Mr. Plummer: No, sir, he was term... ^ Mayor Suarezs from him. His discretionary, his unclassified position was taken away Mr. Plummer: He was not formal civil service. He was terminated. Mayor Suarezs Right, because in his case, he didn't have the right to ga back to civil service. There's been many cases of people asked to not continue in their unclassified status and go back to civil service, many, many. Mr. Plummers That's their choice. Mayor Suarez: Yes, but it wasn't a choice given to them. They were told that. You either get your highest level classified or you won't be able to... Mr. Plummer: Well, of course, now that was a different formula back theft. Back then, Dean will tell you very quickly, back then your pension... Mayor Suarez: No, I'm saying that that's happened manq times. Mr. Plumaaer: Wait a minute, sow. Your pension back then was based on pour r`~' two year high, your last two years, OK? And if they went back to their foxmer ~` civil service status, as let's -say a captain rather than a chief, their ~^ pension was reduced greatly sad they chose to leave rather than taking the aaptain'a rating and having that base their pension on. <,; !lsyor Suarez: Yes, that has bees a basis for uegotiatioa with snaay ~-aog1~~ L a: tote fact that if they leave st that particular gout, they have et blghe~ } peaaion-than if they leave at the highest. r,~ ' ~i ~F- ``T ~~~ ~ep~aa-i-s~ 7, i48ti ~: h4. ' :., .. ~? 34} x- - - i+ _ Mr. f~lumnsers Well, but no nop. Today's policy is their beat two pear high, corrects Ohe pear high. Mayor Suarezs One year high. A11 right, we have a motion, do we have a - seconds It's basically referring back to the Manager for... Ms. Hirai: Need a second, Mr. Mayor. -- Mayor Suarez: ...further analysis and reporting back to the Commission pith a _ standard policy across-the-board meaning, I guess, all the same employees that this was meant to apple to. Mr. Plummer: Sure. Mayor Suarez: We don't have a second, we just have a motion. I'm repeating the motion. Mr. Plummer: Oh, there's no second? OK. Mr. De Yurres I'll second it. Mayor Suarez: Seconded. Any discussion? If not, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoptions MOTION N0. 89-1137 A MOTION REFERRING $ACK TO THE CITY MANAGER THS PROPOSED REVISION TO ADMINISTRATIVE POLICY APM-1-86, SEVERANCE POLICY, FOR FURTHER REVIEW AND RECOMMENDATION; FURTHER INSTRUCTING THE MANAGER TO _ COME BACK WITH A POLICY THAT IS FAIR AND EQUITABLE ACROSS THE BOARD. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. _ Commissioner Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner Miriam Alonso _ Vice Mayor Miller Dawkins ABSENTS None. COMMENTS MADE DURING ROLL CALLS ! :: Mr. Plummer: The wisdom.of the center chair, ~ , ~ Mr. Daakias: It's a privilege to vote last. ~~ _~ ,. Mr. Plummer: Tell us, Pontius Pilate, ~Y.t~ Mayor Suarezs No, I will vote yes to see if he hao another try at -it pad '~ - maybe at that point, he... Mr. Dawkins: You can't make up your. mind. Mr, De Yurres The motion is for him to explain himself to us, isn't it? ~ ~~ , , Mr, Plumoner: Yes. ~ + Mr. De Yurre: To come and tell ua shy he is. q Mr, Plummer: Exactly. ~`~ Mr. Do Yurres OK, that's all right. ;_ i Mr. Ds3 '~urre: Not that Y'm gaiag to approve anything... Mayor Suarez: OK, yes... Mr. Plummer: Mr. Mayor... Mayor Suarez: it doesn't mean I'll approve whatever he recotsunends, counselor, so don't... 49. (Continued discussion) COCONUT GROVE ARTS FESTIVAL: INCLUDE AUTHORIZATION FOR RfiSTRICTION OF RETAIL PfiDDLER5 (See label 40). Commissioner Plummer: Mr. Mayor, just for clarification... Mayor Suarez: Yes. c ~_ Commissioner Plummer: ...an area of concern on item 32. Dr. Joffre has called back and he did not orally state about the restriction of retail _ peddlers, but it is a part of the ordinance for the Coconut Grove Art Festival and I'm assuming that that is the prevailing - that that which was on the agenda and passed, did prohibit - is that correct, Mr....7 ~ - Mr. Jorge Fernandez: Yes, it does. Commissioner Plummer: All right. Mr. Fernandez: It contains a request for a restriction of retail peddlers. Commissioner Plummets OK. Mr. Fernandez: And I understood your general overall motion to have included that. The only thing gou've excluded, was that no money out of your pocket. Commissioner Plummer: That's correct, air. OK, just for clarification. DISCIISSION 50. CREATE COMMITTEE OF ONE TO STUDY/RECOMMEND BEST METHOD OF CONSOLIDATING CITY DEPARTMENTS/OFFICE - APPOINT COMMISSIONER MIRIAM ALONSO AS THE COMMITTEE OF ONE TO SERVE AND REPORT BACK IN 60 DAYS (See label 53). Mayor 3uarezs Forty-one. Oace again, the leasing of office apace versus the owning of a building for the consolidation of various City departments and off-ices, continued from the meeting of November 30th. Comsstiasioner Plummer: Has 42 been withdrawn? Maytar Suaress Mr. Assistant City Manager, where are we? What actioa are you expecting or hoping from us today? ~~_ Mr. Sergio Rodriguez: I'm sorry, sir, you're on item 41? ~;- Mayor Suarez: 'Yes, sir. dir. Rodriguez: I have Mr. Bailey to respond to aay questioas on this, Th~a : - isa a discussion item. , Mayor Sues~ea: OK. Commissioner De Yurres We've bees discus~aing it for decades}. ~ ` ~ ~' _ ___ __ _ _ _ - -- -- _ a-: Mr. Rodriguezs Truing td get son-e direction se to r-hether you grant ua to change the position that ae have now or to go into the possibility of the GPs far the building or go itfto a lease for the different offices that we have in the City and so on. He's coming down. Commissioner Plusnmers Who's going to tali us about that wasteful million eight a year? Mr. Herb Baileys I heard my name. Mayor Suarez: I would be disposed - wait a second just, Herb, just to see if we can praceduraliy do something here. I would be inclined, if the Commission wanted to go along with it, to create a committee of ourselves, could be one or two or even three Commissioners - I pant to make sure that I'm not on it... Commissioner Plummer: It's pretty well narrowing it down, isn't it? Mayor 3uarezs ...to really get into this and make a recommendation to the rest of us. I've been on many, many sides of this, i guess, initially wanting a whole new building, then having doubts as to whether we needed anything, then being enthused about the 4400 Biscayne... about the only one I've ever bees with is the one that you like, the A.I. Dupont Building, so I've been on all sides of this. Vice Mayor Dawkins: Well, I share the Mayor's concern and I'm not going to be on nothing because I've been through this and I've been through back here four or five times with recommendations. So I don't want to serve on no committee. Mayor Suareza But I would suggest that, at least, Commissioner Alonso serve on it with her background and if either one of the other two, attorney... Commissioner Plummer: Committee of one. Commissioner Alonsoz Committee of one? Mayor Suarez: Committee of one. Commissioner Alonso: That's terrific! Mayor Suarez: Sae, we are very excited about your recommendations on this Commissioner, since we have... =: -t t . Commissioner Alonsos I'm delighted) Commissioner Plummers Well, wait a minute, wait a minute... Camaissioner Alonsos How do you guys happen to agree so easilyT Mayor Suarez: By the powers invested in me by the Citp Charter, I hereby - appoint you... Commissioner Plumuer: Be delighted now because when you come back when your z, recommendations and they beat you to death... Commissioner Alonso: Now, now, i wish one recomumendation, whatever i decide, you go along with lne. - (Laughter) Mayor Suareza We have a laughter machine For that. Commie+sioaer Plummers I'll serve on it..., ' ~ • ~>: Commissioner Alonso: IF that is the agreement, I'll jua:p to the idea, -~; Mayor Suarez: 1'ut it tbis way, L'm 99 percent sure of s~aepting your ~'' recommendation. That one percent T have to retaia for myself. but I really... if you have the tires, the iaterest, the background' +nhi.ch~:.:;you- do have, to et involved in thin aqd make, you kao~-, go thr $ ott$t#, s7~1 ~ of ~ the f .. possible argna-eats, be ss skepti.csl as all of ua have been Qf the sta~>?, At~d, ~:~ you knoTA, I have to be blunt about this. Qf tlhat the City-~a0 diR#ereat ti~w prQpQSed includiag ~ I love the one p~ the k5l omploye+ma that mould $o ict4 ~ ~' ` ~ u - ..~ ~~4 A~+~+e~~er 7, 1~~4 ~~~a `` . ~; i ,rF #;_:~~ ' ~~,~ i_,S, 4~4a t f this facility. I mean, anybody that tails me there's 451 employees that are going to go into a facility, I already know that they haven't done their analysis right because you don't plan it for 451. You plan for 450, 400, 425, you know, some round number. Anghop, with a pro... Mr. Baileys Mr. Mayor, may I... Mayor Suarez: ...salt a minute, Herb. iiith a proper level of skepticism, it's my roeommendation and with your own private sector background, trying to think as little as possible like a bureaucrat, if you o~ould look at all of this and report back to the Commission. That, to me, would be an acceptable motion if anyone wanted to make it. Commissioner De Yurre: I'll second that motion. Mayor Suarez: And, if not, I'll make... Vice Mayor Dawkins: It's been properly moved and seconded that we have a committee of one who will report back with words of wisdom as to... Commissioner De Yurre: Sixty days? How long? Have you got a time frame on this? Mayor Suarez: Thirty days? -Christmas? Sixty days. Commissioner Plummer: Truth of the matter, Miriam, you've got to understand... Vice Mayor Dawkins: Sixty, sixty days. Mayor Suarezs Sixty days. Commissioner Plummer: ...the reason they're saddling you with this is to keep you out from other things. Commission Alonso: They will sever succeed. Commissioner Plummer: They've got me on 83 different committees. Vice Mayor Dawkinss No, no, you put yourself on them. Commissioner Plummer: I'll be damned if I did. Vice Mayor Dawkins: You put yourself on them. Commissioner Plummer: Yes, right, because you all wouldn't accept it. Vice Mayor Dawkins: OK, any further discussion? Mayor Suarez: The worst part is, once he's on those committees, it's impossible to get him off. s; Vice Mayor Dawkins: Any further discussion? Commission Alonso: Yes, I want to find out - I would like to have information `{ about the parking building across from the zoning department. How :the- t; expenses, how it is utilized now... ~.,~ Mr. Bailey: Garage... '~: w~_ ° Commissioner Alonso: ...prior to my going in that because in coaveraatio~s ~ ,_ '` r-ith Mr. Bailey, he was telling me that in case we go to the new construtctio~, ~~- that is the -parking apace we are going to be using. And, according to tbe ~- , information I have, that building ie used to capacity. r ~, Commissioner Plummer: No, we're paying them almost... r, '~' Conaaiasioaer Alonso: Wait, that's what I have heard frons the pity. $4t thus `, - the people who trioci to get into eh¢ building at cextain ho~tra are t~iliimg ass -~ it's impossible. a Mayan Suareas Are you asking for ~subposna pnM~-rs4 - ' '- ~. ~~ ~~t ~ece~abe~ ~a ~4~ ~.~°E ~. ~~ - ~. s',..~;~. - __ - ~~ 3 ^.~ \ ~ Vice Mayor Dawkinst No, Commissioner... Commissioner Plummer: f'or your edification... Vice Mayor Dawkins: No, J. L.... Commissioner Plusmaer: ...that's the building mere paying damn near a million a year subsidy. Commissioner Alonso: That's right! How in the world do we have so many people parking there and still we're paying for the building? Would you bring me some information so I can go through that. Mr. Bailey: We can give you the reports. It is managed by Off Street Parking and we get an annual report and we can provide you with whatever statistics qou need on that and we will get it to your office. Commissioner Plummers Figures don't lie, liars figure. Mayor Suarez: OK. Mr. Bailey: I can assure you, it's not over subscribed and it is costing us a fortune . Commissioner Alonso: OK. Vice Mayor Dawkins: Call the roll, Madam Clerk. The following resolution was introduced by Mayor Suarez, who moved its adoption: RESOLUTION N0. 89-1138 A RESOLUTION APPOINTING DR. MIRIAM AL0NS0, COMMISSIONER, AS A COMMITTEE OF ONE TO EXAMINE AND REPORT TO THE CITY COMMISSION ON ISSUES CONCERNING LEASING VERSUS .OWNING OF OFFICE SPACE FOR CITY DEPARTMENTS CURRETLY LEASING OFFICE SPACE THROUGHOUT THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed ?_ and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso 1-ice Mayor Miller Dawkins Mayor Xavier L, Suarez NOES: None. ABS$NT: None. try : it'y r.. 'r ; '.a ~~ __ _ ;.., L_ 5l. (Continued discussion) BRIEF COMMENTS ON CAELE TELEVISION LICENSE 23SUB (See label 3f). (TELECOMMUNICATIONS INC. (TCI)). Mayor Suarez: By the way, what happened to TCI7 It happens that today we approve their... Commissioner Plummers We did it before you got back. Commissioner Alonsos We already did. Mayor Suarezs No, but I mean, what happened to them? They're not filming angthing here today. That's interesting. Commissioner Plummers Oh, they're all out on the street. Commissioner Alonsos Oh. Mayor Suarez: Maybe it's dust as well. Vice Mayor Dawkinss Waiting for something to happen. DISCUSSION 52. APPOINT COMMISSIONER VICTOR DE YURRE TO SERVE AS THE CITY OF MIAMI REPRESENTATIVE ON THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL. = Commissioner Plummers Mr. Mayor, you know, in all candor, I've asked you before, I'm going to ask you again. If any member of this Commission would like to serve on the Regional Planning Council. Mayor Suarezs Yes, yes, I think it is extremely important... - Commissioner Plummers I can't do it, it's on Monday mornings at... = Mayor Suarezs ...that we have a new representative from the City, this is not reflection on you, and I hope that the Commissioners will consider this and possibly get back to us. Commissioner Plummers Just for edification. It meets once a month. E . Unfortunately, it's on a Monday morning... j Commissioner De Yurres How early? - .~ ; Commissioner Plummers Nine-thirty. ~. ati.~ Commissioner De Yurre: Nine-thirty? Once a month? Commissioner Plummer: Well, let me give you the bad part. It's at the ~; Holiday Ian at Calder. ;, ~, _ Mayor Suarea: Yes,. it's a Holiday Inn up there by .Golden Gladesi Inte>"shau~e and they really era -have been without City representation in the senso.; i,a ' ~- fact, i doa't thick you're officially on it right now, are you? i. Commissioner Plumme>'s Yes. ~~ Mayor Suarez: You still are. I guess it's a ~- I won't say it ~ but Ne ~p Hoed sosneoae that ie willin to g go up there and I served cn it, #s ~:4x~-ed~~h it. I.think ae both have gone 'through-that, so do you waat to try ltd _ - ~onmaiaaioner De Yuxre: For how long? _ ~: <:; Vise Mayor Aaw~ciuss horever. ~` . , l~4 Da~o~lta;~ ~, ~'~$9 F ~k+°^ .~~~ ' f Commissioner Pluremer: Trq it for a gear. Commissioner De Yurre: OK, I'll try it for a pear. Mayor Suarez: OK, i'11 entertain a motion that Commissioner De Yurre... Commissioner Piummer: So move. mice Mapor bawkins: Second. .~.. :,. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. Verq quickiq, before he changes his mind. The following resolution was introduced by Commissioner Plummer, who moved its adaption: RESOLUTION N0. 89-1139 A RESOLUTION APPOINTING COMMISSIONER VICTOR DE YURRE AS THE CITY OF MIAMI'S REPRESENTATIVE ON THE SOUTH FLORIDA REGIONA PLANNING COUNCIL, FOR A TERM OF ONE YEAR COMMENCING DECEMBER 7, 1989, AND ENDING DECEMBER 6, 1990. (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 Dawkins Mayor Xavier L. Suarez NOESz None. ABSENTz Nane. 53. (Continued discussion) BRIEF COMMENTS REFERRED TO THE NEWLY-FORMED COMMITTEE OF ON8 CONCERNING A NBW CITY OF MIAMI ADMINISTRATION BUILDING (See label 50). -;: :: - UNIDENTIFIED SPEAKER: May I ask about discussing item 41 just a minute? i Mr. Jorge Feraandezz Forty-two. Commissioner Plummets Forty-two has-.bean withdrawn. ~~ f Mapor.Suarazz Item 41... ~ ;` <., UNIDENTIFIED SPEAKER: Yes. ~~~ Mayor Suarez: ...we have appointed a committee and you're directed to the persona-who heads that committee. In fact, constitutes tie entire coaq~gittee. That- is Commissioner Alonso. She is just eager to hear your. input oa iL, s Item 42. °{ Vice Mayor Dawkinez Make an appointment, sir, to c~iscusa it with hex. `~G ` :, ° MF. Ferusadezz Forty-two, Mr, Mayor, has been withdrawn, Thin item-was w._ printed on the agenda but was dealt with last week. ~ti :;: t -. i~Q hac~~b~~ 7 ,! f,x ;~~ ~. ., ~~ ,,, 3t ~ Y ~ ~z3 ___ __ HOTS FOR THE RECORD: At this point, it was announced - item 42 had been ovithdraan from the agenda. i.r~.~~..rt.rr...ra.~~~r..ra..i-~:r.y..u.r.r~.~.~...~~~-..wiwr.~~.rerr..~-r....t-....-~...r..~....~--~-~.r-~~-~~.r.r:r.a~~a..ra- 54. DISCUSS AND REFER TO ADMINISTRATION FOR FURTHER CLARIFICATION ALLEGED ~' `~ ZONING VIOLATIONS IN ARNA BOUNDED BY WEST FLAGLER STREET, 3.W. 8 3TR$ET', S.W. 57 AVENUE AND S.W. 62 AVENUE. Mayor Suarez: OK, item 43, you've said enough. Vice Mayor Dawkins: Forty-three? ~- Mayor Suarez: Item 43. Commissioner Plummer: I'm assuming 43 all of them have been turned over to - the Code Enforcement Board. Mr. Edith Fuentes: Yes, sir, they have been turned over to us. Commissioner Plummer: OK. What else? _;~ ~` Mayor Suarez: OK, anything further on item 43? If not... ~ Mayor Suarez: ...item 44. Commissioner Plummer: Move it. Mayor Suarez: Moved. Mr. Jorge Fernandez: You must convene... - Mayor Suarezs Oh, let us -yes, ma'am? You seem like you're concerned about something here. _ Ms. Sandra Poole: On item 43. = Mayor Suarez: Forty-three. Ah. - Me. Poole: It was as a result of our Planning and Zoning meeting... ~'- } 4 Mayor-Suarez: Yes, give us your name and address.. Perhaps we were hasty is just saying that the matter was is the proper channels. ~_ Ms. Pools: My name is Sandra Poole, I live at 7910 S.W. 94th Court. "I ` ~ . believe -ia that report, it was verified that many of the places that We ~ pointed out were legal. The question that came up at our planning and zoning ~7 meeting aas that they were possible illegal buildings and on several of them, - particularly 5720 S.W. 5th Street, which is shat we asked for, and were denied because as were told it could set a precedent is the area, and... Commissioner Plummets What? Ma. Foote: ...the report sill show that it exists and it does have the same ~~ - zoning we wore asking for. - '`Y Commissioner Plummer: Did you not go dons the lists suppliod? ~~ rt ~,~ _ - f_ ,. Mo. P'uentea: We did. We did a thorough investigation of all the records'in our f ilo and.... Coarnisaion4r Plum~asr: And what one, in particular, ase you saying ` ~s s violatis~n? ~ . ,4 ' lbs. Fu~patts: 57~Q. , . - _ `:: 3:~ ~; ~ ~; ~ r _ a.,r _ .-, :;~~ ~~ ~, s • M$. prole: No, not a violation, it pas legal and it pas eXactly ghat ~ pe>}e asking for, 5f 20 S.W. 5th Street. Mr. Guillermo Olmedillos Just to refresh your memory, Commissioner, you voted... Mayor Suarez: It pas a zoning case cohere one group came here and gave ua hie illustration as reason for canting to change their zoning the fact that everybody else in the neighborhood who pas violating. Mr. Olmedillo: Right, your instructions were one, the decision pas to deny the item and for the Planning Department to come back... Mayor Suarez: We know about that and the one is to come back to us and tell us about all of these violations. Mr. Olmedillo: All these violations and later come back pith a zoning study to see if the entire area had to be rezoned. Mayor Suarez: Right, but that's not what here on today, not the zoning study, we're here on the violations. What is... Mr. Olmedillo: No. Commissioner Plummer: What about this particular address that she's inquiring about? Was it a violation or not? Mr. Sergio Rodriguez: No. Mayor Suarez: It was not? Mr. Rodriguez: She names 5720 S. W. 5th Street? - Ms. Poole: Correct. Mayor Suarez: Right. Commissioner Plummer: And what was the alleged violation? - Ma. Fuentes: Let me see. Mr. Rodriguez: The complaint that they have was there were new six unit - apartment buildings... _ Ms. Fuentes: That they have - yes. Mr. ..Rodriguez: ...built in tha area and this is a multiple dwelling building "j zoning category. Ms. Fuentes: They have a building permit for an apartment building issued 89- 1228 and it's properly zoned for multiple dwellings. So there is .no violation. Commissioner Piwamer: You're saying that that location is zoned for multi? Mr. Rodriguez: Right. z~ ` Ms. Fuentes: RG-2/4 _ { Ma. Poole: It's on the other side of the line of... ~_ -- Mr. Rodriguez: But it was zoned RG-2/4. Ms. Fuentes: Yes, ma'am, it's properly zoned Bad the building permit was properly processed. Ms. Poolet It was rezoned then. Mayan Su~res: Well, we're aot going to aoive that. hers today, I dou't think. i me,en, this is samethimg you can inquire about. Iy then:': gay doubt, ma'~tp~ " you're welcome to seek a per:~sanal appearaaca and tell us that; fur ~oB~ng } ,, pepart~at is giving yc-u the wrong in~ormatica. But l j~at g~tt~ted tci ~ ' , .; ~ ~-. r ,_ fi' _ sure that there was no objection from gout standpoint to our proceeding on code enforcement as to anq of those that were, in fact, violations. And if you think there's one that alas and we're not proceeding on... Ms. Poole: No, it's not a violation. It's been changed to zoning and that's why I wanted to inquire about it. Mayor Suarez: Right. What did you want to know about it? Ms. Poole: How did they get the change? Mayor Suarezs How did they get the change? Does anybody know that? Commissioner Plummer: What date was that change to multi? Mayor Suarez: I mean, we don't usually resolve those inquiries at the Commission level unless there's a problem, a disagreement or, you know, whatever. Mr. Rodriguez: Could we refer her to staff and then we... Mayor Suarez: Yes. Please meet with staff and see if you can work that out. If you have a problem, you have an absolute right to be heard on the Commission and say that you think they have goofed or they haven't given you enough information or whatever. I just don't think that we get into that right at this level. Commissioner Plummer: Let me ask Edith a quick question. On any construction or reconstruction that's being done, does a building permit have to be visible? Ms. Fuentes: They have to be properly displayed in front of the building. Commissioner Plummets And if they're not? Ms. Fuentes: As a matter of fact, inspectors are instructed now to go down look and then... Commiazlioner Plummer: How about if an inspector lives next door? Ms. Fuentes: They should still, there's no reason why... Commiasion.er Plummer: Do you think the inspector could avoid not seeing it? 55. CONDITIONALLY AUTHORIZE MAYOR XAVIER SUAREZ, IN HIS CAPACITY AS CHAIRMAN OF THE BOARb OF DIRECTORS OF' THE WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (WYNWOOD SNID) TO EXECUTE AGREEMENT WITH WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION (WCEDC) FOR PROFESSIONAL SERVICES CONCERNING PREPARATION OF A SAFE NEIGHBORHOOD IMPROVEMENT PLAN FOR THS WYNWOOD SNID FOR ONE YEAR - FOR A TOTAL FEE OF $250, 000 FROM STATE OF FLORIDA SAFE NEIGHBORHOOD PROGRAM GRANT - CONDITIONALLY AUTHORIZE PAYMENT OF $62,500 TO WCEDC FOR TASK 1. THEREUPON, THE CITY COMMISSION, PURSUANT TO AUTHORITY UNDER ORDINANCE 10406, IMPANELED ITSELF AS THE BOARD OF DIRECTORS OF THE WYNWOOD LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, TO DEAL WITH THS FOLLOWING ISSUE: -_ Mayor Suarez: We are adfourned as a regular Miami Commission session and now reconvene as the Wynwood... Mr. Jorge Fernandez: As the board of directors of the Wynwood Safe Neighborhood Improvement District. Mayor Suarez: OK, and what do we need to do? We already have a motion that was made at the improper moment, but I would a:zk that Commissioner Plummer now make it. Commissioner Plummer: I make a motion that we approve this grandiose plan in the sky... Mayor Suarez: So move. Commissioner Plummer: ...the complete revitalization of Wynwood. Mayor Suarez: As characterized... Commissioner Plummer: If it doesn't happen within 12 months, we'll beat Bill Rios. UNIDENTIFIED SPEAKER: Sit him down, sit him down. Mayor Suarez: Do we have a second? Do you second? Commissioner Alonso: I second. Mayor Suarez: .Seconded by Commissioner Alonso. please call the roll. l b ~- Any discussion? If not, ?„~'. C • The following resolution was introduced by Commissioner Plummer, aho moved its adoption: WYNWOOb SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT BOARD OF DIRECTORS RESOLUTION N0. 89-1140 A RESOLUTION, WITH ATTACHMENTS, CONDITIONALLY AUTHORIZING THE MAYOR OF THE CITY OF MIAMI, FLORIDA, IN HIS CAPACITY OF CHAIRMAN OF THE BOARD OF DIRECTORS OF THE WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT ("WYNWOOD SNID"), TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION ("WCEDC"), FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE PREPARATION OF A SAFE NEIGHBORHOOD IMPROVEMENT PLAN FOR THE WYNWOOD SNID, FOR A PERIOD OF ONE YEAR, FOR A TOTAL FEE OF $250,000 WITH FUNDS THEREFORE FROM A STATE OF FLORIDA SAFE NEIGHBORHOOD PROGRAM GRANT; AND CONDITIONALLY AUTHORIZING THE PAYMENT OF $62,500 OF SAID FUNDS TO WCEDC FOR TASK 1. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commission Victor De Yurre Vice Mayor Miller Dawkins. Mayor Suarez: And now, you're back, Carl, with the prior session. OK, we are adjourned... Mr. Rios: Thank you, Commissioner. Mayor Suarez: ...on the part. of the agenda that deals with Bill Rios, which has a technical name that we've previously stated into the record and back... Mr. Fernandez: Correct. Mayor Suarez: ...reconvene as the regular session. ~ THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS BOARD OF DIRECTORS OF THE WYNWOOD LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, PROCEEDED TO ADJOURN CONSIDERATION OF THE HEREINABOVS ISSUE. s -f 56. BRIEF COkQSBNTS BY COMMISSIONER PLUMMER CONCERNING DILAPIDATED ~l STRUCTURES. ,~n: .Mayor Suarez: What was your item once again? - Mr. Carl Lambert: Yes, we would appreciate bringing this before you tonight, ,~_ Mr. lambert: S.W, 28th Street, item 39. .; • • = Commissioner Plummer: Oh, yes. Mr. Mayor, chile you're waiting for those other people, I want to shop you a picture of ghat they wanted to cotrer up with plywood, bricks or others that's been - horv long? When pas the f.ire7 Mr. Sergio Rodriguez: Not true, that's not true. Commissioner Alonso: That's for demolition. - Commissioner Plummers The fire pas in May, OK? In May - of this year? Of this year, right? UNIDENTIFIED SP$AKER: Yes, sir. Commissioner Plummer: And we're letting the children in the neighborhood play in that house and that house hasn't been taken down. Amazing. Right next to - Jose Marti Park. DISCUSSION 57. (Continued discussion) SCHEDULE PUBLIC HEARING FOR JANUARY 25TH CONCERNING REQUEST FROM CARL LAMBERT FOR PLACEMENT OF BARRICADES AND/OR ALTERNATIVE TRAFFIC CONTROL MEASURES ON S.W. 28 STREET (See label 47). ~ Mayor Suarez: All right, other than that, Carl, what was your item, sir? Mr. Lambert: Yes, see, on traffic problems on S.W. 28th Street. Yes. as you know, Mr. Mayor, we've been here many times on this. We've now formed a neighborhood association, Overbrook Road Neighborhood Association... Mayor Suarez: What is it called? Mr. Lambert: Overbrook Road which was the original name of the Street. Mayor Suarez: Overbrook? Mr. Lambert: Road. Mayor Suarez: Road. Overbrook. Commissioner Plummers What is this? Item 39? - Commissioner Alonso: Thirty-nine. - M S Th d lik i ayor uarez: at soun s e an area n Philadelphia where - is it Wilt Chamberlain that came from there? Mr. Lambert: As far as I know... = Mayor Suarez: Overbrook. Ali right. - Mr. Lambert: As far as i knave, he is not from our street, but... Mayor Suarez: All right. Commissioner Plumaner: This is oa 28t h Street, right? = - Mr. Lamberts Yes, sir. ~, Coeaaissioner Pluma-er: And what's pou r problem? Mr. Lambert: Traffic. L Commissioner Plummer: We know that, what else is your prAblemT br. I.ataberts Crime. '~ ! k ~c~omisei.oaer Piwnmer: We kt-ovr that, What plsel is yogis p~'4b~~m? ,, ., ,~'- ~: 144 ~~~a~b~r 7, 1~8'~ . . ' , rE. L - ~..: _ J ._ • ~ Mr. Lambert: Lbsa of propertq value. Coniraissianar Plunan~er: So shat do you avant us to do about it? Mr. Lambert: We avant qou to give us a barricade like the other streets with a» appropriate pass through lane... Commissioner Plummer: Ha, ha, I'd love to have it £or myself. Mayor Suarez: S.W. 28th Street. Commissioner Plummer: Recommendations of the department? I saw a thing up on the board before. Mayor Suarez: This is the first time that Dr. Prieto was not up there at the mike eagerly waiting his item. Commissioner Plummer: You beat him the last time, he's scared to come up. Mayor Suarez: Let the record reflect he had to run up and we caught him off guard. That's what happens when you start... 28th Street. Would Bill Rios please move out of the way so we can see the overhead. Mr. Prieto: Good. What we're proposing here... Mayor Suarez: This is right up close to U. S. I, right? Mr. Lambert: Yes, sir. Mr. Plummer: See, the problem, Mr. Mayor, you know, let's just go back and... hey, I'm all for it. I think it's great. But the problem of what you're doing, all you're doing is taking the traffic of£ of 28th Street and putting it on 27th Street. That's what you're doing. Mayor Suarez: But, you don't like that scheme that he's got there? -that little island? Commissioner Plummer: I love it. I love it, but let's talk about the people oa 27th Street. Mayor Suarez: Do you like it, Carl? Mr. Lambert: Well, I like it except I see the pees through as it appears to be on the south side of the street. I think it's going to be ineffective. Now, if the pass through could be made into an appropriate lane restricted for emergency vehicles, I think it would work. We have... Co:nanissioner Pluttmner: See, let me tell you what... Mayor Suarez: Oh, the pass through, meaning where he's got the pen pointing to7 Mr. Lambert: Correct. Cottateiasioaer Plutamer: Mr. Mayor, unless you stick a policeman there, with s , ticket book, I can tell you exactly what's going to happea .knowing. that } intersection. They're going.. to make that right turn, theq'ra going to go down `` and tasks a V-turn and they're going to come back and go out. That'e e~cactly- what:th~y're going to do. Mr. Lambert: Wall, Mr. Plummer, what is the City going to do for us? We've ~ got a triple increase in crime, we've got triple increase in tratfic~` ~,_~ ` Cottraiesioaer Plutataers Sir, excuse the - I'ta with you, aI1 rightY l~syor Scaresc But ~. L., hers saying that stf... ~omnait~~cioaer Plutt~merx My street. is ~cari~yiag three thou~~d care a day aacl ' it's a residential street, sot as wide ss yours. :1 16~ i?e~s~ha~ ~, i$$9 ,,. ~,: , z , °tr ~ ~ ~~~~ - ~ • Mayer Suarez: But he's saying that to take that same concept and than just sort of extend the island across. Commissioner Piummer: I understand what you're saying. The probien-, Mr. Magor, you can't do it without a public hearing. You remember tt!.e people that came in from 27th Lane... what's the next street over? Mr. Lambert: Terrace. -_ Commissioner Plummer: 27th Terrace. They all said, "Hey, we've got the same problett~ If you're going to address 28th Street, you've got to address ours," and that's where the rub comes. Magor 3uarezs Let me ask before the public hearing, which we will have to schedule then. Dr. Prieto, what would happen if you followed his idea and extended the barrier all the way across on the eastbound lane there of 28th _- Street? Mr. Prieto: There would be no exit to 27th Avenue from the east. It would bottle up all the traffic from 22nd Avenue west and we would have no access except down 22nd Avenue... - Commissioner Plummer: You're not right. Excuse me, Doctor... - - Mr. Prieto: ...and it would be. .. - Commissioner Plummer: You would have access on 27th Lane. That's the - problem. Mr. Prieto: You would simply increase on 27th Lane. a Commissioner Plummer: But you said, no access. You would have access from j ,~ 27th Lane. _~ ,~ Mr. Prieto: But you would have to wind around. _ ^:~ Commissioner Plummer: I didn't say that. _~ Mr. Prieto: You'd have to come down this way. Commissioner Plummer: That's correct, sir. ~ Mayor Suarez: But why does that -why is that created... I'm sorry, why has that created any more by blocking the eastbound traffic than... _ Mr. Prieto: Because ou'd be dum in not onl the eastbound traffic, but the Y P g Y westbound traffic too. If you close this off, then you're dumping everything -_ oa 27th Lane. What we're saying is, let's give a 50/50 balance to this thing sad at least eliminate the westbound, but keep the eastbound traffic. It's not a good solution. It is a compromise solution. _ - Mayor Suarez: I'd love to know, maybe the next time we meet oa this, you'll explain to me why eliminating the eastbound traffic somehow affects the volume of westbound traffic, but maybe I just missed something somewhere. - Mr. Prieto: No, ao, it - what I'm saying... Commissioner Plummer: It depends on what time of the day. Mr. Prieto: .This barrier here eliminates the eastbound traffic after a phile, r ~ Mayor Suarez: -I'm saying, keep that, but also take that obstruction =a11 tie way across and eliminate the eastbound traffic. That's what he's ssyisug. Mr. Lasnbort: Yes. "';s Mayor Suarez: 8xcapt.for emergency vehicles. ~ #_ ,_ dir. Prieto: YOU AIa~A, just put a... ~L ~" Right, Bo tbea w~ bave s h brill which al~4~s flow ott~, a~rdse Rayon Sup~eor y y rho coruor going noacth an~i tben. youth ~ north. , . f ib8 ~4CeI~1b~FS< 7 ~ ~9~4" -~= 's_ Fy ~~ _ ~_ k~= ~ . ~ ; _ fi"~ :r .. ,~•= ,t ...F.~.~~ .~_ • ;~ _, t~ ,; ,. °~ hi !.~ ~. ~ v _aw~: Co~nissioner Plutrnners Yes, but also, Doctor, if you put it the way you've got it illustrated there, the eastbound traffic on 28th Street cannot go north on 26th Avenue. Mayor Suarezs That's certainly correct unless they pull some incredible '~- turn there. Commissioner Plummets In effect, it's a deadend street. Mr. Prieto: That's essentially what would be done. Commissioner Plummer: People that turn down there will only have the ability to go to those three or four houses on the right hand side. Mayor Suarez: Exactly. Commissioner Plummer: Other than that, they've got to turn around and come out. Mayor Suarez: It's a cul-de-sac in effect. Mr. Prieto: Yes. Mayor Suarez: A11 right, we need to have a public hearing on it? So we need to schedule it as a public hearing assuming that we are inclined to even have a public hearing. Is that... Mr. Prietos Yes, air. Mayor Suarez: ...once again. You're not against the public hearing? Mr. Lamberts I can't be against a public hearing because I know the ordinance requires it. Meyor Suarez: Yes, oh it sure does. Commissioner Plummer: I'll move it. Mayor Suarezs Moved for public hearing. Commissioner Alonso: I second. Mayor Suarez: Second. Any discussion? If not, please call the roll. Commissioner Plummer: January is fine. January, the 25th. Mayor Suarez: Call the roll, Madam City Clerk. The following motion was introduced by Commissioner Plummer, who moved .~ ``' its adoption: , MOTION N0. 89-1141 ~- A MOTION SCHEDULING A PUBLIC HEARING TO TAKE PLACE DURING THE COMMISSION MEETING OF JANUARY 25,- 199Q IN CONNECTION WITH REQUEST FROM MR. CARL LAMBERT FOR THS ~F PLACEMENT DF SARRICADBS.AND/OR ALTERNATZ9R TRAFFIC. :;,, - x ;>' CONTROL-`MEASURES CONCBRNTNG TRAFFIC PROHLxM3 DN_3W. .. ~`- 28 STREET. ~~ ~s Upon - being seconded by Commissioner Alonso, the motion was pss~-ed ~d tip Adopted by the follo~iag votes AYER~ Conuniasoner J. L. Plummer, Jr. 4 ._ Commissioner Miriam Alonso , ~ Mayor-Xavior L. Susrsw ~- , , ,. NOR3: Noae. . .~ ~~ , ABSs Vico ~t ey a r M ~ l idr Da~-I,~la s -~ - 3 - ~ I'- ~. ^: r:_ j * a /{ r p / ~ ~ /~ / ir/ ./i~1T.~MnYI~• R~~M~ ~e ~M! }' Q • ~ L w _ ~ 5 ~ ~,]~ ~'~ ~ _- ' s _ , .: • • C~?t+B~BN'IS MAh$ DURINEi ~tOL~ CALL - ` i. -.~ ., ;; - ~` „: -i _"~~: r 5 ~r .f . , ; :, Commissioner P1e:~mar: I'm going to vote yes, but, Doctor, I'll tell you what, I would still like you to come back, if you Can, with some imaginative thinking of other possible alternatives to try to keep neighborhood streets neighborhood streets. We're getting, you know, we're getting to the point where it's becoming ivnpossible - Tigertail, I'm told, just avast of 1?th Aneriue is now parrying over 6,000 cars a day. Mayor Suarez: Yes, Tigertail has really borne the brunt of a lot of... Commissioner Plumuner: They're catching hell. Mayor Suareza Commissioners, eve have a decision to make as to... COMMENTS MADE AFTER ROLL CALLz UNIDENTIFIED SPEAKER: Commissioners, excuse me, that is exactly what we are getting on Street. Mayor Suarez: That's what eve figured, yes. Commissioner Plummer: Not 8,000. Mayor Suarezt That's avast we figured that... Commissioner Plummer: Not 8,000. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Sut, we'I1 get... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Yes, a lot of it goes up to 28th Street, obviously and I don't knoav what the floav there is, but it must be super high Loo, obviously. Commissioner Plummer: Oh, I'm sure... Mr. Lambert: It's about 1,700 a day, at least. Mayor Suarez: Wow. x ~,~ t'ondniesioner Plummets Seventeen hundred? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Lamberts We've got a study. _~__.____~~~M.~,..~~.~_M.~..-_-----_ --~--------_ 58. CHANGE TIME OF CITY COMMISSION MEETING SCHEDULED FOR DECEMBER 14TH TO '~ START AT 2:00 P.M. '~ ______._.....N_..___-----______..,.....N~~~,a..~,.~.____M_....___~_._ Mayor Suarez: Commissioners, eve have. a decision to .make' as to the neat Commission meeting which is now scheduled for 4s00 a.m. on the 14th... . _ Commissioner Plummer: Of what? Mayor Suarezr Next Thursday, ~- ~ : ~ - h Commissioner Aionsp:..Nett week. ~ ,;~ ~~~ Mayor Suarez: Do you feel ~ how many regular 1.teme da ws have, Aurelio, ar Sergio? Nine. Ot~e pot~slbil ity 1s, inats+td, to convene. , ;t ~~. ~r ~~ IN~lU11i81+B COMFITS NOT PRBD INa'A TH1t f'USL1C it~CORA. <<~ ~j~ . ~' ~, • • ;,.1 ~` ~i, Mayor Suarez: fiwelve items. We could meet, instead of at nine, we could meet at 1:00 p.m. Mr. Sergio Rodriguez: We have twenty... Commissioner Plummer: If I could voice my opinion, I'd rather beet at nine and get out early. Mayor Suarez: And then... Mr. Rodriguez: You cannot. Commmissioner Plummer: Huh? Mr. Rodriguez: You have 20 items, planning and zoning. Of those... Mayor Suarez: But, the rest of the items begin at 2:00 anyhow, the planning and zoning begin at 2:00 anyhow. Mr. Fernandez: Have to be heard after 5:00. Mr. Rodriguez: Of those 20 items, eleven have to be heard after 5:00. Mayor Suarez: OK. Mr. Rodriguez: And there are nine before five, after 2:00. So, what I'm saying with this is... `r Mayor Suarez: Oh, we can just meet at 2:00. Mr. Rodriguez: You can meet at 2:00 or 1:00 o'clock. Commissioner De Yurre: Let's meet at 4:00. What the heck? Mr. Rodriguez: No way you can do it. Mayor Suarez: No, we have quite a few items beginning at 2:00. The qut~stion `"w is, do we have meet in the morning? Commissioner De Yurre: No, well... -r:- Commissioner Plummer: Well, let's meet at 2:00. A Mayor Suarez: Let's just meet at 2:00? Commissioner De Yurre: But why at 2:00 for nine items and o-e got to sit ;:v around for three hours then? _ r~ M Mayor Suarez: No, because planning and zoning. We have regular planning and zoning at 2:00. _ _~ Commissioner De Yurre: At 5:00 o'clock, no? Mayor Suarez: No, at 2:00. ~'- Commissioaer De Yurre: Oh, at 2:00? ~ ~~- Mayor Suarez: Hoa many do v:e-have, plat~ni~g and.:zoniag, at 2e4Q? ~.~_ Mr. Rodriguez: AT 2:00 o'clock, we havo uin~ iteau. Mayor Suarez: .You guys are arguing for ono, he's- arguiag ,tor ks00 p.m.! __ {~ Would you please everybody' relax .about this? i'ta npt even sine ~~;~ aaa ge~~'two whoa you're arguing for one. Now, come on; How many pl.+~nm3.ng amd'zonim$ ~ ~- itecas do we helve baginaim~ at 2:00 so we eaa clarify tbe~;Commiasipaer's , question. as to why we aan't ~neet_e<t 4:00? ' ~_ ~~ Mr. Rodriguez: Nina items, nine i~e~, ~ =: ti ~ 3 Magos Suaree: Planaiag and zoning, n~ $nd Boning. Mr. Rod~igueg: i'lanai ,. ~-~_ - r~ 4' A` -_ <a _~ r } `r~, ~ - ~~"fir _ ~ ~ ~~ 1' y ~£ _ , ~..Ex,~ • • Commission Da 'furire: And, in the morning, we have... Mayor Suarez: We have no regular itemsl Mr. Itodriguezs There are twelve items. Mayor Suarezt That's the thing. we have 12 regular. nine planning and zoning scheduled for 2e00, so magb~ 2100 is the best we can do. Commissioner De Yurre: Tao o'clock. Commissioner Plummer: Tao o'clock. Mayor Suarezs OK, I'll entertain a motion to... Commissioner Plummer: So move. Mayor Suarez: All right. Commissioner De Yurre: Second. Mayor Suarez: Call the roll on that. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-1142 A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY _ COMMISSION MEETING IN DECEMBER 1989 TO TAKE PLACE ON DECEMBER 14, 1989, COMMENCING AT 2:00 P.M. - (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) - Upon being seconded by Commissioner De Yurre, the resolution mss passed _ and adopted by the following vote: AYES: Commissioner Victor De Yurre - - Commissioner J. L. Plummer, Jr. ~~ Commissioner Miriam Alonso ;~ Mayor Xavier L. Suarez ,~ :;;,,. NOES: None. ti'-- ABSENT: Vice Mayor Miller Dawkins. ~4 :~Y - , ~ BBING NO FQRT~R BUSINESS - TO ~ BNP'OI~ T86 CI1T `; Y CO~ISSI~T, T'88 tlBSTING VAS ADJO~BD AT 5sO1 P.M. . .,2, `~ . ~ ~ yE z .'; ®~ x~ 1 Cr •., ~ S ~_ ~ P. r F dat~y Hirgi !~ ~',4 ~ `fir ~ CITt CLSRIC ~ ~- i~ ~ ` ~~ ~i - Nsltes J. l~owa assisrAN~r czar cta~c * I N CO R P M -R:~T E w 18 ~ 96 ~~ ,. ~: a CYTY OF MIAMI DOCUMENT MDEX DECEMBER 7, 1889 NO: 1 OBI 3 <`~ - t oar ~+nr~~c,~-~ ~ , rv~t. N i` ACCEPT SERVICES OF ATHALIE RANGE, ON A PRO BONO BASIS, TO 89-1089 _ PROVIDE GUIDANCE AND ADVICE TO CITY COMMISSION AND CITY 'j MANAGER IN THE AREA OF AFFIRMATIVE ACTION. . ,, ~~ ALLOCATE $27,500 FROM LAW ENFORCEMENT TRUST FUND TO COVER 89-1090 EXPENSES INCURRED BY MIAMI POLICE OFFICER FRIENDLY PROGRAM. ALLOCATE $6,240 FROM LAW ENFORCEMENT TRUST FUND FOR ACnUISITIO 89-1041 OF 16 COMMUNICATION HEADSET SYSTEMS. APPROVE PURCHASE OF PHOTOGRAPHIC SUPPLIES FROM PITMAN PHOTO, 89x1092 INC., FOR POLICE DEPARTMENT/IDENTIFICATION UNIT ($63,700). ACCEPT BID: VISTA BUILDING MAINTENANCE -FOR FURNISHING 89-1093 JANITORIAL SERVICES AT POLICE DEPARTMENT HEADQUARTERS BUILDING r FOR DEPARTMENT OF G.S.A. ($154,671.96). ! ACCEPT BID: A.M. MUL~'TIGRAPHICS -FOR FURNISHING TWO OFFSET 89-1094 DUPLICATORS FOR DEPARTMENT OF G.S.A./GRAPHIC REPRODUCTION DIVISION ($25,694). ACCEPT BID: AAA COURTS, INC -FOR RESURFACING TENNIS AND 89-1095 BASKETBALL COURTS AT 5 PARKS FOR DEPARTMENT OF PARKS. ($38,963.65). ACCEPT BID: AAA COURTS, INC. -FOR RECOATING OF PLAYING COURTS 89-1096 AT 13 CITY PARKS FOR DEPARTMENT OF PARKS ($47,806.10). ' ACCEPT HID: PINO•FONTICIELLA & ASSOCIATES, INC.- FOR GRAND 89-1097 AVENUE PARK -BUILDING RENOVATION -EXECUTE CONTRACT. EXTEND ECONOMIC DEVELOPMENT AGREEMENTS WITH: (~4) GREATER 89-1098 BISCAYNE BOULEVARD CHAMBER OF COMMERCE, INC. AND (B) WYNWOOD COI~lUNITY ECONOMIC DEVELOPMENT CORPORATION, INS. PROVIDE - ADDITZONAL $25,000 EACH TO GREATER BISCAYNE BOULEVARD CHAMBER OF COMMERCE AND WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION TO ACCOMPLISH THEIR ADMINISTRATING AND FROGRAMATIC OBJECTIVES. '- EXECUTE AGREEMENT WITH SMALL BUSINESS OPPORTUNITY CENTER, INC. •, 89-1099.,. - IMPLEMENT A COI+d+~RCIAL FACADE TREATMENT PROGRAM - ALIACATE FUNDS FROM 14th. YEAR C,D.B.G. T'UND ($12,600), ~ EXECUTE AGREENILNT WITH MARTIN LUTHER KING ECONOMIC DEVELOPMENT 89~-a.].t?p` - CORPORATION, INC. (MLKEDC) ~'~IMPLEMENT A COMMERGiAL FACADE ;< - TREATMENT PROGRAM - ALTACATE FUNDS FROM 14TH YEAR C.D.'H.G, FUND ($7,000). i EXECUTE AGREEMENT WITH I~IEt+IW00D COMMUNITY ECONOMIC OEVl:LOPMEN'T $91101 °{, - CORPORATION, INC. IMPLEMENT A COI+~+lER~IAL FACADE TREATM' , PROG~lM ALLOCATE FUNDS FROM 14TH YEAR G.D.B.G. F'UI~D t$9,600) EXECUTI~ AMENDM~TT TO LEASE AGRENT WITH COO0~1L1T G1i0VE '~= 89-1~.1~3 , 6AILINO C~,UB, INC•- - I~iDIFX TERI~$ OF TEE 11 sC_ 1T a "?~ - ~1[~ORI~ IAEASE A ~5 YEAR) WITi~ 6TAT~ AF 3''rODA 69 1~0~ ,' - *' ~ _ -- ° n'FP~T ~?~' TR~ANSPORT,ATION FOR C6E OF A ~RTIAt~ OP ' . ~ : T ~' ~~ 8RQ8~ t~.0Q4 W,W. 6T#.~vEN~) . . Y ~ R k~ ~ -~ lf! 8 ~d Y#~~ . Q ' ~~ € -, fA~ 4 - ~ ~4~-'IM~Vl4 ~ M Q 3 /~ sl~~'Ir~1iI7 - ~ > t~ r T y y 1p~ 1 p { a / !1 ~y ~/~.p /~ 1 p~p ~ F MRT ~ ~ ~dFF.7f1A~ 7Ffi ' ~l~B II'~ ~6:~~F'7~`~P~ i ! ~ f~ ~. _ Ili ' ~ _z i, ,. V 1: ~ ~ '' : .. RATIFY CITY ATTORNEY'S EMPLOYMENT OF DANIELS, MASON & KASHTAN, PA, AS CONSULTANT, IN CONNECTION WITH THE CASE OF MCNEW MARINE CONSTRUCTION, INC. VS. CITY OF MIAMI VS. RONALD A. FRAZIER & ASSOCIATES, ET AL. TASTE OF THE GROVE FESTIVAL: AUTHORIZE STREET CLOSURES - AUTHORIZE BEER/WINE PERMIT - ESTABLISH AREA PROHIBITED TO RETAIL PEDDLERS. AUTHORIZE STREET CLOSURES AND BEER/WINE PERMITS -ESTABLISH AREA PROHIBITED TO RETAIL PEDDLERS AND PEDESTRIAN MALL .. RELAX FIREWORKS LIMITATIONS -FOR (A) 1990 CARNAVAL MIAMI PASEO, (B) SK RUN, (C) BIKE DASH, (D) CARNAVAL MIAMI INTERNATIONAL AT BAYFRONT PARK, AND (E) CALLS OCHO OPEN HOUSE FESTIVAL. CAPITAL BANK ORANGE BOWL 10-K RACE (TO BE CONDUCTED BY THE MIAMI RUNNERS CLUB) -APPROVE USE OF STREETS IN COCONUT GROVE DURING EVENT -AUTHORIZE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW. AUTHORIZE LEGAL PROCEEDINGS AGAINST MARY CLOZIE AND VELMA SCOTT (D/B/A GRAND DISCOUNT BEAUTY SUPPLIES) Ta RECOVER LOAN FUNDS GRANTED TO SAID INDIVIDUALS VIA THE CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM ($9,249.45). ENDORSE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) BOARD'S POLICY FOR SELECTING AND NOMINATING BOARD MEMBERS. ESTABLISH POLICY THAT ALL BOARD APPOINTMENTS MADE BY PREP DECESSORS OF CURRENT MEMBERS OF THE CITY COMMISSION BE ALIAWED TO RESIGN SO THAT MEMBERS CURRENTLY SERVING ON THE CITY COMMISSION BE ALIAWED TO MAKE NEW APPOINTMENTS. THREE KINGS DAY PARADE - AUTHORIZE STREET CLOSURES -ESTABLISH AREA PROHIBITED TO RETAIL PEDDLERS. GRANT REQUEST FROM PATHS ENTERTAINMENT, INC. -FOR RELAXATION OF FIREWORKS ORDINANCE - TO ALIAW FILMING OF A MOVIE IN THE BRIKELL POINT AREA. RATIFY EXECUTION OF COLLECTIVE BARGAINING AGREEMENT WITH THE SANITATION EMPLOYEES ASSOCIATION (.LABOR CONTRACT; 10/1/89 TO 9/30/91) APPOINT AND .REAPPOINT MEMBERS TO BOARD OF TRUSSTEES IF CITY OF MIAMI GENERAL EMPLAYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST (Appointed were: Theresa Pollock, and Ronald Thompkins~ one appointanent pending) !DEFER THIRD APPOINTMENT UNTIL RECOMMENDATION OF A LATIN NOMINEE. APPOINT ALTERNATE MEMBERS TO THE INTERNATIONAL TRADE BOARD. (Note,s Appointed weres Kishor M, Parekh and Fernando Panabazs 3 appointments still pending). CONFIRM SELECTIQN OF INDN'tDUAL TO AFFIRMATIVE ACTION ADVISORY BOARD. (Notes Con~:~naed Wass Virgil Fernandez.) APPQINT INDIVIDUALS TO HEALTH FACILITIES A[7THQRITY, (Notes Reappo~.r-te~ seas Charles Beber~ appa~.nted was Rev. Ronald Peters. APPOINT INQIVIDUALS.TO SERVE AS MEMBERS OF THE OFFICE; OF )'~t?P'HSSIQ~IAt~ C~L~A~1CE (OPQ) ADVISORY PA,~I~. ~Appp3~~~ s~rsr. e s Tpth~-Ear~c~t,,Ge~ald Darling, Willis Starks,- Jack~.e Sell ~~ io1o MirlagAraei. ) ,; ~'#'AI~.' MEE T~ ` PRIVATE TDiDUSTHX Cc~,TCIL (FIC) ': ~~? .: ~t~ wads: bR~ia ~~'lst3.a~a ~alaaiaa, ~~, R~~eival~~ .: ')'mss.: Ei~~ ~~at Me~.v~.u (Skiff) ~as-ea an+d Jgse€ AQn~~{ ~ -- A14.~ 89-1105 89-1106 89x1107 89-1108 891109 89-1110 89-1110.1 j ~: 891111 4 ,;:s t 89-1112 ,t ;r ~^e~ ~~~ ri ~. DOCUMENT INDEX 1+A~t~ 3 ~~' _ _ _ ___ _ _ - __ . DECEMBER_ '~, APPOIN'P INDIVIDUALS TO THE 18-MEMBER CITYWIDE COMMUNITY 89-1122 DEVELOPMENT ADVISORY BOARD. (NOTE: Appointed were: Mariano Cruz, (Allapattah), Frankie Rolle (Coconut Grove), Gloria Rogelfo (Little Havana), Lottie Hines {Model City), Fred Santiago (1Pynwood), Andrew Rosenblat and Marguerite Shearin. (Note: Pending still are appointments to be made for Downtown, Edison/Little River or Overtown, as well as in Groups II, III, IV & V). APPOINT INDIVIDUALS TO THE ZONING BOARD.( Note: Appointed was: ~ 89-1123 Gloria M. Basilia.) APPOINT ALTERNATE MEMBERS TO THE PLANNING ADVISORY BOARD. 89-1125 (Note: Appointed was: Ofelia Tabares-Fernandez). WAIVE RE:9UIRF.,MENTS FOR COMPETITIVE SEALED BIDS -APPROVE 89-1126 ACQUISITION OF 1,350 COPIES OF THE 1990 FLORIDA LAW ENFORCE- MENT HANDBOOKS FROM METRO-DADE POLICE DEPARTMENT.- ALIACATE FUNDS. {511,475.). t _~ RATIFY CITY MANAGER'S FINDING OF EMERGENCY -WAIVE REQUIREMENTS 89 -1127 FOR COMPETITIVE SEALED BIDS FOR CONSTRUCTION OF IMPROVEMENTS AND INSTALLATION OF EQUIPMENT AT THE MIAMARINA FISHERMEN'S PIER 5 PROJECT -ALLOCATE FUNDS ($1,200,000.) < . ,..~.; - - . ~1 ~. i J ' _ . r. A L ~ .~~ Fv, ~ ~ ' `~C ~/ r'~, 5 K :.. amto . ~_.~~ Y ~-~. " WCM`.'s~e~ ~ :1 COCONUT GROVE ARTS FESTIVALS GRANT RE9UEST FOR STREET CLOSURES- 89-1131 ESTABLISH PEDESTRZAL MALL -AUTHORIZE BEER/WINE PERMIT. GRANT REQUEST~BY COCONUT GROVE ASSOCIATION FOR WAIVER OF RENTAL 891132 FEE FOR USE OF COCONUT. .GROVE EXHIBITION CENTER IN CONNECTION - WITH THE ART5 FESTIVAL. REAPPOINT OSMUNDO MARTINEZ•AS CHAIRPERSON OF THE BAYFRONT PARK 891133 MANAGEMENT TRUST. ALLEGED CRUELTY TO HORSES ATTACHED TO CARRIAGES AT BAYFRONT PARK. APPROVE, IN PRINCIPLE~~CONCEPT OF UTILIZING TAX INCREMENT~~ 89-1134 GENERATED BY THE PROPOSED NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE, INC. JOYNT DEVELOPMENT HOTEL PROJECT/ MUNICIPAL LOT 10 FOR THE. DEVELOPMENT OF THE PROJECT -DIRECT MANAGER TO REPORT ON HOW TAX INCREMENT FUNDS MAY ASSIST IN THE IMPLEMENTATION OF THE. PROJECT IN SOUTfiEAST OVERTOWN/.PARK WEST TAX INCREMENT DISTRICT. CREATE COMMITTEE OF ONE TO STUDY/RECOMMEND BEST METHOD OF 891138 CONSOLIDATING CITY DEPARTMENTS/OFFICE -APPOINT COMMISSIONER MIRIAM ALONSO AS THE COMMITTEE OF ONE TO SERVE AND REPORT BACK IN 60 DAYS. APPOINT COMMISSIONER VICTOR DE YURRE TO SERVE AS THE CITY OF 89-1339 MIAMI TiEPRESENTATIVE ON THE. SOUTH FLORIDA REG24NAL PLANNING COUNCIL. , , GONDITTONALLY AUT#~ORIZE MAYOIt~X41VIER $UAREZ, IN HIS CAPACITY $9-114Q AS CHAIRMAN OF TAE BOARD OF DIRECTORS OF THE WYNf~OpD SAFE NEIG~i80RHQOD IMPROVEMENT DISTRICT (~PYNfi00t~ SKID) TO •E , AGREEMENT WIZ'A WYI~f~CfOla Gf7NITY• F,GONOI+lIC WRPORATION .(WC~DQ3 . - FUR PRlpFESSTONIIL SERVICES Ct3~iCERNING PREPARATION OF ~#-S.A~'E NEiG~O~Q4~ IHlP~fV~IENT P1,AN I+'OR THE If~31Ni~OQA ~SATID FIR OIL REAR FQ~ A TOTAL ~ OF 8~5D,QD0, FROM STATE OF FL~IRIDA .; .. S1#F'E t+iEIGNBORHOUD PROGRAM GRANT. *+ GQDI;?ITiQNALL~t AUTN0~1~ _ PAXM' QF ~6~, X00 . T4 WCED~ FOR TAS~C 1. ~s CRAGS TIC (~'' CI~X ISSIflN 34FL''~ING SCSEDUIaES ~'OR ~~E`R ~: ;- ~ 8~,~4~