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CC 1989-10-12 Minutes
1 INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA OCTOBER 12, 1989 ITEM SUBJECT LEGISLATION PAGE NO. NO. ------- 1. ----------- ------- 1-6 --------------------------------- CONSENT AGENDA 10/12/89 1.A DIRECT CITY MANAGER TO AMEND THE M 89-875 6-9 COMMERCIAL FACADE TREATMENT 10/12/89 AGREEMENTS - ALLOCATE ADDITIONAL MONIES FOR CONTINUATION OF THE PROGRAMS - THAT ALLOCATE ADDITIONAL $15,000 - TO LIBERTY CITY/EDISON TARGET AREA. 1.1 ACCEPT BID: CALAN, INC. - for R 89-876 9 furnishing an Integrated Sweep System 10/12/89 and Spectrum Analyzer for Computers . Department. 1.2 ACCEPT BIDS: (i) HECTOR TURF, INC. - R 89-877 9-10 for furnishing one rotary mower; (ii) 10/12/89 DEBRA TURF AND EQUIPMENT - for furnishing one reel turf mower - Authorize purchase of 2 riding mowers for GSA Department/Fleet Management Division. 1.3 ACCEPT BID: DICTAPHONE CORPORATION - R 89-878 10 for furnishing maintenance services for 10/12/89 the E-911 logging recorders system in Fire Department - for GSA Department/Communication Division - Authorize purchase of 2 call check recorders and rack control panels. 1.4 ACCEPT BID: A A SALES AND SERVICE CO., R 89-879 11 INC. - for furnishing and installation 10/12/89 of 5 overhead garage doors at Fire Station #1 for GSA Department/Property Maintenance Division. 1.5 ACCEPT BID: VOLCECOM OF FLORIDA, INC. - R 89-880 11 for furnishing and installation of a 10/12/89 voice messaging system to Personnel Management Department. 1.6 ACCEPT BID: LLOYD STEIR - for R 89-881 11 furnishing 3 purebred German Shepherd 10/12/89 dogs for Police Department. 1.7 ACCEPT BID: COMMERCIAL FITNESS R 89-882 11-12 PRODUCTS - for furnishing gymnasium 10/12/89 equipment for Police Department. 1.8 ACCEPT BID: APEX CONSTRUCTION R 89-883 12 ENTERPRISES, INC. - for remodelling 10/12/89 police gymnasium for Police Department. r ` i.9 ACCEPT BID: M. VILA AND ASSOCIATES, R 89-884 12 INC. - for N.E. 14 Street Highway 10/12/89 Project. 1.10 ACCEPT BID: LANZO CONSTRUCTION CO. - R 89-885 12 for N.W. 36 Street Sanitary Sewer 10/12/89 Improvement - Execute contract. 1.11 ACCEPT BID: SIGMA CONSTRUCTION AND R 89-886 13 ENGINEERING CORP. - for demolitions of 10/12/89 former Incinerator No. 1 - Execute contract. 1.12 ACCEPT BID: ACTION IRRIGATION, INC. - R 89-887 13 for Citywide Irrigation Projects - 10/12/89 Execute contract. 1.13 ACCEPT BID: DEMOYA GROUP, INC. - for R 89-888 13 Civic Center Storm Sewer Retrofitting 10/12/89 Project - Execute contract. 1.14 EXECUTE AMENDED COMMERCIAL FACADE R 89-889 14 TREATMENT AGREEMENTS - between the City 10/12/89 of Miami and (i) Allapattah Business Development Authority, Inc., (ii) Downtown Miami Business Association, Inc., (iii) Greater Biscayne Boulevard Chamber of Commerce, Inc., (iv) Little Havana Development Authority, Inc. - Allocate funds from 14th year CDBG Fund. 1.15 EXECUTE PROFESSIONAL SERVICES AGREEMENT R 89-890 14 WITH HERB KELLY - for an anti -drug 10/12/89 education campaign for Police Department. 1.16 EXECUTE AMENDMENT NO. 1 TO AGREEMENT - R 89-891 14 between the City of Miami and Deloite 10/12/89 Haskins & Sells, in association with (i) Sharpton, Brunson & Company, P.A., (ii) Verdeja, Iriondo & Gravier, CPAs, (iii) Watson & Company - for assistance with implementation of new payroll/personnel/accounts receivable systems - Allocate funds. 1.17 EXECUTE PROFESSIONAL SERVICES AGREEMENT R 89-892 15 WITH ERNST AND YOUNG (formerly Arthur 10/12/89 Young & Company), TOGETHER WITH JORDAN, ABELLA & CO. - to analyze financial viability of responses to RFP for the 1145 N.W. 11 Street, Municipal Justice Building - Authorize compensation to be reimbursed to the City by successful proposer upon execution of lease agreement. 1.18 EXECUTE CONTRACT WITH F.F. SANDS R 89-893 15 ASSOCIATES - for consulting services to 10/12/89 Internal Audits and Reviews Department - concerning development of an affirmative action program plan - Allocate funds. 0 1.19 EXECUTE CONTRACT WITH THOMAS HOUSTON R 89-894 16 ASSOCIATES, INC. - for consulting 10/12/89 services to Internal Audits and Reviews Department - concerning development of an affirmative action program plan - Allocate funds. 1.20 ISSUE REVOCABLE PERMIT TO THE YOUNG R 89-895 16 WOMEN'S CHRISTIAN ASSOCIATION - for use 10/12/89 of portion of property at 1009 N.W. 5 Avenue. 1.21 AUTHORIZE MANAGER TO SOLICIT R 89-896 16 ADVERTISEMENTS TO FUND PUBLISHING COSTS 10/12/89 OF THE CITY OF MIAMI NEWSLETTER ("OUR CITY"). 1.22 RENAME AND CHANGE ADDRESS OF COCONUT R 89-897 16 GROVE EXHIBITION CENTER TO "COCONUT 10/12/89 GROVE C014VENTION CENTER", 2700 SOUTH BAYSHORE DRIVE. 1.23 AUTHORIZE REPLACEMENT OF CERTAIN R 89-898 17 FLORIDA PARKING REVENUE BONDS - to 10/12/89 substitute lost bonds. 1.24 AUTHORIZE ISSUANCE OF $20,000,000 TAX R 89-899 17 ANTICIPATION NOTES, SERIES 1989 - to 10/12/89 meet City's cash flow requirements for fiscal year 1989-90. 1.25 APPROVE REQUEST OF POINT VIEW R 89-900 17 ASSOCIATION, INC. - Install Point View 10/12/89 Area identification signs within public street right-of-way at intersection of S.E. 14 Street and S.E. 15 Road, and S.E. Bayshore Drive. 1.26 ACCEPT PROPOSALS OF (i) LUKE A. ROSS, R 89-901 18 (ii) RALPH ROSS REAL ESTATE CO., AND 10/12/89 (iii) RENALDO BLANCO, ANCLA REALTY, INC. - to appraise fair market value of certain properties located in Lawrence Estate Land Co. Subdivision and Avocado Park - Allocate funds. 1.27 ACCEPT BIDS: (i) CAZO CONSTRUCTION R 89-902 18 CORPORATION - for Scattered Site 10/12/89 Housing Development Project-Allapattah Phase I; (ii) ROBINSON CONSTRUCTION, INC. - for Scattered Site Housing Development Projects -Model City Phase II and Model City Phase III - Allocate funds. 1.28 EXECUTE PURCHASE AGREEMENTS WITH R 89-903 18-19 PROPERTY OWNERS - for six parcels 10/12/89 within Coconut Grove, Allapattah and Model City Community Development Target Areas - for City Sponsored Scattered Site Affordable Housing Development Program - Allocate funds from llth Year CDBG Funds. 1.29 AUTHORIZE CITY ATTORNEY TO INITIATE R 89-904 19 !_ LEGAL PROCEEDINGS AND CIVIL ACTION 10/12/89 _ AGAINST MR. PRENTICE F. RASHEED (d/b/a Rasheed's Clothing and Jewelry) - to recover $20,000 loaned to him by Model City Small Business Development Pilot Loan Program. 1.30 AUTHORIZE CITY ATTORNEY TO INITIATE R 89-905 19 LEGAL PROCEEDINGS AND CIVIL ACTION 10/12/89 AGAINST MR. ARTHUR J. BROOKS (d/b/a Uncle Arthur's Grocery Store) - to recover $15,000 loaned to him by Model City Small Business Development Pilot Loan Program. 1.31 EXECUTE QUIT CLAIM DEED TO OWNERS OF R 89-906 19 LOT IN BONITA PARK - to remove right- 10/12/89 of -way reservation. 1.32 URGE METROPOLITAN DADE COUNTY TO TAKE R 89-907 20 STEPS TO INSTALL TRAFFIC REGULATORY 10/12/89 SIGNS IN SOUTH COCONUT GROVE. 1.33 GRANT REQUEST BY MIAMI BOOK FAIR R 89-908 20 INTERNATIONAL, INC. FOR STREET 10/12/89 CLOSURE - concerning 1989 Miami Book Fair International - Establish temporary pedestrian mall and area prohibited to retail peddlers. 1.34 GRANT REQUEST BY AMERICAN CANCER R 89-909 20 SOCIETY TO USE CERTAIN STREETS - 10/12/89 concerning "Making Strides Against Cancer" event. 1.35 RESCIND RESOLUTION 89-749/CORRECT R 89-910 21 SCRIVENER'S ERROR - concerning 10/12/89 closing/vacating/abandoning/discontinui ng public use of portion of S.W. 30 Avenue between southerly right-of-way line of S.W. 28 Lane and Metrorail right-of-way. 1.36 ACCEPT 26 DEEDS OF DEDICATION - for R 89-911 21 highway purposes. 10/12/89 1.37 AUTHORIZE MANAGER TO SUBMIT R 89-912 21 APPLICATIONS REQUESTING GRANTS-IN-AID 10/12/89 FROM FEDERAL/STATE/COUNTY/LOCAL GOVERNMENTS - as well as private foundations/corporations at local/state/national level - Authorize Manager to designate in-kind/cash match as required to granting agency - Final acceptance/allocation to be made by City Commission. 2. REFER BACK TO CITY MANAGER PROPOSED M 89-913 22-23 RESOLUTION FOR EXECUTION OF PURCHASE 10/12/89 CONTRACT - for acquisition of property at 8600 East Dixie Highway for development of affordable housing. 3. (A) DISCUSS AND DEFER PROPOSED M 89-914 RESOLUTION ACCEPTING PROPOSAL OF M 89-915 SUNBANK/MIAMI, NA - to provide banking 10/12/89 services to the City - Direct Manager to request both Sun Bank and Barnett Bank to resubmit all information on record to the Selection Committee - Request itemized list of community involvement. (B) EXTEND EXISTING CONTRACT WITH SOUTHEAST BANK for banking services to the City until final award of contract is made. 4. DESIGNATE INTEREST EARNINGS FROM THE M 89-916 1976 GENERAL OBLIGATION HOUSING BOND 10/12/89 FUNDS - to reimburse the City for property at 2400 N.W. 14 Street (Fern Isle Nursery Site) - to develop affordable housing. 5. GRANT REQUEST FROM MIAMI COALITION FOR R 89-917 CARE TO THE HOMELESS for police and 10/12/89 other City services at Bicentennial Park for a rally. 6. ANNUL REVOCABLE PERMIT PREVIOUSLY M 89-918 GRANTED TO MUNICIPAL TRUST FUND 10/12/89 CORPORATION ("MUNICIPIOS") - for use of Fern Isle Nursery Site - Approve use of alternate site at N.W. 22 Avenue and 11 Street, with provisos. 7. DIRECT ADMINISTRATION TO SUBMIT A R 89-919 COMPLETE REPORT (INCLUDING EXTERNAL 10/12/89 AUDIT) ON CIRCUMSTANCES SURROUNDING FINANCIAL COLLAPSE OF THE FIREFIGHTERS HEALTH TRUST - Direct Administration to honor all unpaid claims. 8. EMERGENCY ORDINANCE: Amend Annual ORDINANCE Appropriations Ordinance (10484) for 10652 fiscal year ending September 30, 1989 10/12/89 to formalize City Commission actions and implement additional budgetary adjustments to comply with generally accepted accounting principles. 9. SECOND READING ORDINANCE: Amend ORDINANCE Ordinance 10577 which established new 10653 special revenue fund: "EMS First Aid 10/12/89 Resource Training (FY189)" - Increase appropriated funds for its operation - Change funding sources. 10. DISCUSS AND DEFER (TO NOVEMBER 16TH) M 89-920 PROPOSED SECOND READING ORDINANCE 10/12/89 amending Section 804, Ordinance 9332 (Cable Television License) reducing minimum number of days (passed due date of a cable TV fee) in which to send disconnect notice to subscriber - Request TCI to submit full report on its minority compliance - Direct City Attorney to render legal opinion on City's right to revoke franchise agreement with TCI. 24-34 34-35 35-38 38-40 40-44 44-45 45-46 46-51 0 0 11. SECOND READING ORDINANCE: Amend Code ORDINANCE 51-52 Section 22-2 ("Garbage and Trash") - 10654 Provide regulations for the 10/12/89 bundling/preparation/placement/collecti on of newspapers and salvageable materials - Establish independent educational fund for 10 scholarships yearly for children of City Solid Waste and General Services Administration Department employees. (Recycling) 12. SECOND READING ORDINANCE: Amend Code ORDINANCE 52 Section 4-14 ("Alcoholic Beverages - 10655 Exceptions to Distance Requirements") - 10/12/89 Reduce time required for private clubs to have been in existence in order that certain distance requirements not be applicable. 13. SECOND READING ORDINANCE: Establish new ORDINANCE 53 special revenue fund: "Training Support 10656 Fund Region XIV FY189-90" - Appropriate 10/12/89 funds - Accept grant award from State of Florida ($14,977). 14. SECOND READING ORDINANCE: Amend 10484 - ORDINANCE 54 Establish new special revenue fund: 10657 "Community Development Block Grant 10/12/89 Appropriation - FY 189" - Appropriate $12,342,000 from CDBG Funds and Program Income for its operation. 15. SECOND READING ORDINANCE: Amend Code ORDINANCE 55-56 Chapters 2, 29 and 54: "Administration, 10658 Landfills and Waterfront Improvements, 10/12/89 and Streets and Sidewalks" - Increase fees for preparation of documents, processing of plats, extending subdivision improvement time limit, checking permanent reference monuments - Create new fee categories - Create after -the -fact permit fees for waterfront improvements - Allow exceptions to the prohibition of use of streets/sidewalks for advertising/display, etc. 16. FIRST READING ORDINANCE: Amend Code ORDINANCE 57-63 Sections 35-1 and 35-11 - Change FIRST READING definition of "bus", add definition of 10/12/89 "public right-of-way" and "zoned residential district" - Prohibit parking of commercial vehicles, trucks, buses, trailers or semitrailers, major recreational equipment, etc. in public right-of-way in zoned residential districts. 17. FIRST READING ORDINANCE: Amend 10202 - ORDINANCE 63-64 Increase appropriation to special FIRST READING revenue fund ("Handicapped Division 10/12/89 Fund Raising Program") by $35,000. 0 0 18. FIRST READING ORDINANCE: Establish new ORDINANCE 64-65 special revenue fund ("Historic FIRST READING Preservation: Bungalows of Little 10/12/69 Havana, FY189-901) - Appropriate funds, consisting of grant from the Florida Department of State and in -kind services from FY 189-90 CDBG: Citywide Historic Preservation. 19. FIRST READING ORDINANCE: Create new ORDINANCE 65 special revenue fund ("Recreation FIRST READING Programs for the Mentally Retarded - FY 10/12/89 19011) - Appropriate funds - Authorize Manager to accept grant award and enter into necessary contract/agreement. 20. ALLOCATE EXISTING $82,000 BALANCE R 89-921 66-80 REMAINING IN THE FESTIVAL FUND TO EIGHT 10/12/89 FESTIVAL GROUPS, TO THE BAYFRONT PARK MANAGEMENT TRUST AND TO FAMU - Qualify as a one-time allocation. 21. APPROVE CHIEF PROCUREMENT OFFICER'S R 89-921.1 80-95 REJECTION OF PROTEST RECEIVED FROM 10/12/89 JUSTICE SYSTEM DEVELOPMENT GROUP, INC. - concerning RFQ for development of a Federal Law Enforcement Building (GSA Building) (See labels 21.1 and 24) 21.1 (Continued Discussion) CITY MANAGER DISCUSSION 96 ANNOUNCES THAT PROTEST RECEIVED FROM 10/12/89 JUSTICE SYSTEM DEVELOPMENT GROUP, INC. concerning RFQ for development of Federal Law Enforcement Building was withdrawn by applicant during lunch recess (See label 21). 22. (A) DONATE CITY SURPLUS FIRE DISTRICT R 89-922 96-97 CHIEF STATION WAGON TO FIRE DEPARTMENT R 89-922.1 OF CITY OF SANTO DOMINGO, DOMINICAN 89-922.2 REPUBLIC (SISTER CITY). 10/12/89 (B) DONATE FOUR CITY SURPLUS POLICE CARS TO POLICE DEPARTMENT OF REPUBLIC OF COSTA RICA (SISTER CITY). (C) DONATE TWO CITY SURPLUS PASSENGER VANS TO CITY OF PUERTO LIMON, REPUBLIC OF COSTA RICA (SISTER CITY) - for public transportation. 23. FIRST READING ORDINANCE: Amend Code ORDINANCE 98-101 Chapter 38 - Authorize Bayfront Park FIRST READING Management Trust to permit sale of 10/12/89 alcoholic beverages in the Claude and Mildred Pepper Bayfront Park. 24. DISCUSSION CONCERNING HOW MANY VOTES DISCUSSION 101-103 CONSTITUTE A MAJORITY VOTE IN THE CASE 10/12/89 OF TWO ABSTENTIONS BY CITY OF MIAMI COMMISSIONERS. (See label 21) 25. DISCUSS AND TEMPORARILY TABLE PROPOSED DISCUSSION 103-104 RESOLUTION PERMANENTLY PROHIBITING 10/12/89 VEHICULAR ACCESS TO JEFFERSON STREET - at southerly side of intersection with S.W. 28 Street (See label 27). 26. DISCUSS AND TEMPORARILY DEFER DISCUSSION 105-106 CONSIDERATION OF PROPOSED RESOLUTION 10/12/89 WAIVING REQUIREMENTS OF RESOLUTION 87- 1112 and accepted bid of Empire Electric, Inc. for the Lummus Park Lighting - 1989 Project (See label 29). 27. (Continued Discussion) MAKE FINDINGS - R 89-923 107-109 AUTHORIZE PERMANENT PROHIBITION OF 10/12/89 VEHICULAR ACCESS TO JEFFERSON STREET at southerly side of intersection with S.W. 28 Street - Direct Administration to review alternatives in case necessary monies for barricades are not obtained (See label 25). 28. BRIEF DISCUSSION: PRIORITIZING OF DISCUSSION 109 PERSONAL APPEARANCES IN COMMISSION 10/12/89 MEETING AGENDAS. 29. (Continued Discussion) DEFER PROPOSED M 89-924 RESOLUTION WAIVING REQUIREMENTS OF 10/12/89 RESOLUTION 87-1112 - accepting bid of Empire Electric, Inc. for Lummus Park Lighting - 1989 Project (See label 26). 30. APPOINT INDIVIDUAL TO CITY OF MIAMI R 89-925 HEALTH FACILITIES AUTHORITY (Appointed 10/12/89 was: Maria Alonso Martinez). 31. APPOINT INDIVIDUAL TO SERVE ON THE R 89-926 PLANNING ADVISORY BOARD (Appointed was 10/12/89 W. Tucker Gibbs). 32. APPOINT MEMBER TO BOARD OF TRUSTEES OF R 89-927 CITY OF MIAMI FIRE FIGHTERS' AND POLICE 10/12/89 OFFICERS' RETIREMENT TRUST (Appointed was: Marshall Barry). 33. APPOINT MEMBER TO BOARD OF TRUSTEES OF R 89-928 CITY OF MIAMI FIRE FIGHTERS' AND POLICE 10/12/89 OFFICERS' RETIREMENT TRUST (Appointed was: Jesse Diner). 110 112 113 34. CREATE THE INTERIM STREET CODESIGNATION R 89-929 114-115 ADVISORY COMMITTEE - Set 10/12/89 purpose/function - Appoint members (Appointed were: Obdulio Piedra, Armando Bucelo, Sr., Timothy Barket, Rev. Richard Dunn [Note: Commissioner Dawkins's appointment still to be made] - See label 59B. 35. APPOINT MIRTA (MIKKI) P. CANTON AND R 89-930 115-117 LOURDES (LULI) A. LANDIS TO BOARD OF 10/12/89 DIRECTORS OF DOWNTOWN DEVELOPMENT AUTHORITY. 36. APPOINT INDIVIDUAL TO MIAMI WATERFRONT R 89-931 117 ADVISORY BOARD (Appointed was: Dova 10/12/89 Cauthen). 37. APPOINT INDIVIDUAL TO MIAMI RIVER R 89-932 118 COORDINATING COMMITTEE (Appointed was: 10/12/89 Louis Waldmann). 38. CONTINUE PUBLIC HEARING CONCERNING M 89-933 119-130 ISSUANCE OF R.F.P. - for development of 10/12/89 restaurant and proposed marine service uses on City -owned property at 3601 Rickenbacker Causeway ("Virginia Key Basin Property") - in order to obtain appraisals, select certified public accounting firm, determine fair return to the City, etc. 39. RATIFY MANAGER'S FINDING OF EMERGENCY R 89-934 131-132 REGARDING ACCEPTANCE OF BID FROM MET 10/12/89 CONSTRUCTION, INC. - for construction on "Orange Bowl Joist Replacement- 1989". 40. COMMISSIONER PLUMMER REQUESTS FROM CITY DISCUSSION 132 MANAGER STATUS REPORT ON PROPOSED 10/12/89 ERECTION OF CORRECTIONAL FACILITY (JAIL) IN DOWNTOWN MIAMI - To be discussed at the next Commission meeting. 40.1 BRIEF DISCUSSION: OMNI TAX INCREMENT DISCUSSION 133 DEVELOPMENT DISTRICT - Direct City 10/12/89 Attorney to draft proposed Ordinance for consideration later on this day (See label 60). 41. GRANT REQUEST FROM FATHER RICHARD BARRY R 89-935 134-137 (OVERTOWN INDEPENDENT REVIEW PANEL) - 10/12/89 Direct Manager to allocate an amount not to exceed $50,000 in support of Panel (including balance of $23,000 presently in their budget). 42. DIRECT ADMINISTRATION TO PURCHASE M 89-936 137-152 PROPERTY DESIGNATED FOR RAFAEL 10/12/89 PLAZA PROJECT IN ALLAPATTAH - so that City may develop the property to complement present surroundings. 43. REFER TO MANAGER REQUEST BY MR. JAMES DISCUSSION 152-155 HADDAD TO POSTPONE SALE OF LIEN ON 10/12/89 PROPERTY AT 162 NW 71 STREET - instruct Manager to resolve. 44. COMMISSIONER PLUMMER URGES DISCUSSION 155-157 ADMINISTRATION TO FOLLOW THROUGH ON: 10/12/89 (a) Building on east side of 3840 Day Avenue, as residence of confessed purse -snatcher who appeared on television; (b) The yellow (crack) houses abutting I-95 expressway (See label 49). 45. REPRESENTATIVES OF "HE CARES DISCUSSION 157-161 MINISTRIES" DISCUSS THEIR PLANS TO 10/12/89 BUILD A REHABILITATION CENTER. 46. GRANT IN PRINCIPLE FUNDING REQUEST FROM M 89-937 161-169 DIOCESE OF SOUTHEAST FLORIDA FOR 10/12/89 $100,000 GRANT - concerning establishment of "Episcopal Community Development Loan Fund Corporation" - to make housing and small business development loans in Overtown - Referred to Manager. s 0 47. GRANT REQUEST FROM CITY OF SWEETWATER R 89-938 FOR USED VEHICLES (2 police cars, 2 10/12/89 pick-up trucks and one van.) 48. APPROVE, IN PRINCIPLE, REQUEST FROM M 89-939 WYNWOOD ECONOMIC DEVELOPMENT 10/12/89 CORPORATION TO DONATE CITY -OWNED PROPERTY LOCATED IN THE MIAMI FASHION/GARMENT DISTRICT - Refer to City Manager and City Attorney for their recommendations. 49. (Continued Discussion) DISCUSSION DISCUSSION CONCERNING ABANDONED YELLOW BUILDINGS 10/12/89 ABUTTING I-95 USED BY CRACK USERS (See label 44). 50. REFER TO CITY ATTORNEY REQUEST FROM M 89-940 COCONUT GROVE CHAMBER OF COMMERCE - 10/12/89 concerning film permits in the commercial district of Coconut Grove since Metro -Dade is in charge of issuing such permits. 51. APPROVE $500,000 LOAN TO TEATRO MARTI - M 89-941 for construction of theaters in Little 10/12/89 Havana - said monies to come from previously earmarked funds for Hadley Pool. 52. DISCUSSION CONCERNING REQUEST FROM DISCUSSION ASIAN VILLAGE OF FLORIDA, INC. - for 10/12/89 assistance with proposed development project in Northeast Miami. 53. GRANT REQUEST FROM REPRESENTATIVES OF R 89-942 CATHOLIC COMMUNITY SERVICES, INC. - for 10/12/89 rental fee waiver for use of office space in Manuel Artime Community Center. 54. DISCUSSION CONCERNING PROTEST BY MR. DISCUSSION JACQUES DESPINOSSE IN CONNECTION WITH 10/12/89 CITY OF MIAMI'S DONATION OF SURPLUS EQUIPMENT TO HAITI. 55. GRANT REQUEST FROM MR. W.L. LUMSFORD - M 89-943 concerning placement of a Thomas 10/12/89 Jefferson statue in a public facility - Direct Manager to identify location. 56. (A) CREATE ADVISORY PANEL TO THE OFFICE M 89-944 OF PROFESSIONAL COMPLIANCE (O.P.C.) M 89-945 ADVISORY BOARD - to investigate ORDINANCE community grievances concerning Police 10659 Department - Establish composition of 10/12/89 the panel. (B) GRANT FULL SUBPOENA POWERS TO NEWLY -CREATED advisory panel to the Office of Professional Compliance - subject to final resolution of pending court case in the Third District Court of Appeals concerning City's power to delegate said power. (C) EMERGENCY ORDINANCE: Provide for Advisory Panel to Office of Professional Compliance. 170-171 171-179 179-180 180-185 185-193 193-195 195-196 197-198 198-200 201-237 0 0 57. AUTHORIZE EXECUTION OF SUBLEASE R 89-946 AGREEMENT WITH CITIBANK INTERNATIONAL - 10/12/89 to lease office space for Law Department. 58. DISCUSS AND DEFER PROPOSED M 89-947 REAPPOINTMENT OF MR. OSMUNDO MARTINEZ 10/12/89 AS CHAIRPERSON TO THE BAYFRONT PARK MANAGEMENT TRUST. 59. (A) DISCUSS AND REFER TO NEWLY -CREATED DISCUSSION INTERIM STREET CODESIGNATION ADVISORY M 89-948 COMMITTEE (ISCAC) REQUEST FROM YOUNG 10/12/89 PROFESSIONALS GROUP OF COCONUT GROVE for codesignation of part of Grand Avenue as "Frankie Rolle Boulevard." (B) APPOINT ROBERT YOUNG, ESQ. TO INTERIM STREET CODESIGNATION ADVISORY COMMITTEE (See label 34). 60. (Continued Discussion) DEFER M 89-949 CONSIDERATION OF OMNI TAX INCREMENT 10/12/89 DISTRICT ISSUE TO A FUTURE MEETING FOR FURTHER INFORMATION (See label 40.1). 61. DEFER DISCUSSION ON THE MELROSE NURSERY DISCUSSION SITE TO MEETING OF OCTOBER 26, 1989. 10/12/89 62. GRANT REQUEST FROM MIAMI NORTHWESTERN R 89-950 SENIOR HIGH SCHOOL - for closure of 10/12/89 designated streets concerning their Homecoming Parade. 63. AUTHORIZE USE OF WATSON ISLAND AS A R 89-951 "PARK & RIDE" LOCATION DURING THE 1990 10/12/89 MIAMI INTERNATIONAL BOAT SHOW, with stipulations. 64. GRANT REQUEST BY HANDICAPPED OF AMERICA R 89-952 FOR WAIVER OF USER FEE - concerning 10/12/89 office space in Manuel Artime Community Center on a month -to -month revocable permit basis (See label 66). 65. APPROVE CLOSURE OF DESIGNATED STREETS R 89-953 RE "HURRICANE 5K HISPANIC 'HERITAGE 10/12/89 RACE" - pursuant to request by Greater Miami Running Association. 66. (Continued Discussion) MAYOR SUAREZ DISCUSSION DIRECTS CITY MANAGER TO: (a) MAKE PRIOR 10/12/89 ITEMS ON RENT FEE WAIVERS ONLY APPLICABLE TO THIS FISCAL YEAR; AND (b) REVIEW THE CITY'S FEE WAIVER POLICY AND COME BACK WITH RECOMMENDATIONS (See label 64). 67. GRANT REQUEST BY BELLE MEADE R 89-954 HOMEOWNERS' ASSOCIATION TO AMEND 10/12/89 RESOLUTION 89-454 which created Special Taxing District for the Belle Meade area, to allow installation of a "guard gate." 68. GRANT REQUEST FROM SOUTHWEST SOCIAL M 89-955 SERVICES PROGRAM, INC., FOR RENEWAL OF 10/12/89 ITS REVOCABLE PERMIT - for the use of the northeasterly corner of Flagami Park. 238-240 240-241 241-244 245-246 246-248 248 249-251 252-253 253-255 255 256-258 258 � � R 11 69. EMERGENCY ORDINANCE: Amend Code Chapter ORDINANCE 258-266 39 - Establish "Civic Center Special 10660 Vending District" for area around N.W. 10/12/89 12 Street Metro Justice Building - Add Section 39-17.2 ("Limitations within the Civic Center Special Vending District") - Establish hours of operation, vending zones, etc. 70. ESTABLISH SPECIAL R 89-956 266-267 CHARGES/TERMS/CONDITIONS FOR USE OF 10/12/89 ORANGE BOWL STADIUM BY FLORIDA A&M UNIVERSITY - for Orange Blossom Classic football game - Execute use agreement. 71. AUTHORIZE CITY MANAGER TO ISSUE DRAFT M 89-957 268-269 R.F.Ps. FOR DEVELOPMENT OF CITYWIDE BUS 10/12/89 BENCH CONTRACT. 72. INSTRUCT MANAGER TO REVIEW AND M 89-958 269-271 RECOMMEND ON GUIDELINES PRESENTED BY 10/12/89 COCONUT GROVE SPECIAL EVENTS COMMITTEE - Set public hearing - Instruct City Attorney to prepare ordinance. 73. CLARIFICATION CONCERNING ONGOING FEUD DISCUSSION 271-272 BETWEEN REPRESENTATIVES OF THE MUSCULAR 10/12/89 DYSTROPHY FOUNDATION AND MARSHALL STEINGOLD. 0 0 MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA On the 12th day of October, 1989, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, _j Miami, Florida in regular session. The meeting was called to order at 9:11 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez Cesar Odio, City Manager Jorge L. Fernandez, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez who then led those present in a pledge of allegiance to the flag. NOTE FOR THE RECORD: (A) At the opening of the meeting, Mayor Suarez recognizes students from Silver Bluff Elementary School and presents them with complimentary tickets to a University of Miami football game. (B) Immediately thereafter, Commissioner Dawkins states that he will have to be absent from the meeting between 6:30 and 7:30 p.m. 1. CONSENT AGENDA General Comments: Mayor Suarez: Items CA-1 through CA-40 constitute our Consent Agenda. These items will be voted on collectively unless a Commissioner needs to have a clarification or otherwise has urgent reason for pulling it. Mr. Dawkins: I need... Mayor Suarez: Yes, Commissioner Dawkins. Mr. Dawkins: 15 need 16. Mayor Suarez: Or anyone from the general public wishes to be heard separately on any of these. Unidentified Speaker: Item number 14, Mr. Mayor. Mayor Suarez: We will full item 14 for any clarification or protests or otherwise. Mr. Fernandez: Mr. Mayor. Mayor Suarez: Yes, Mr. City Attorney. 1 October 12, 1989 P Mr. Fernandez: Item 26 needs a minor point of clarification. Mayor Suarez: Would you like to make it at this point and we can still do it in a collective motion. Mr. Fernandez: Yes, it is passing that resolution subject to final approval by bond counsel as to the appropriateness of that resolution. We're still not received their letter. Mayor Suarez: Would that proviso then the item will be corrected to include that. Yes, sir. Unidentified Speaker: Item 31. Mayor Suarez: Item 31 also will be handled separately. Mr. Dawkins: So what... I'm sorry, Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mr. Dawkins: What's the problem with 26, Mr. City Attorney? Mr. Odio: It's just that we need a letter from the bond counsel saying that the transaction meets their approval and we haven't received the letter, but we expect to. Mayor Suarez: So it would be passed subject to obtaining that and that is not anticipated to be a problem. Mr. Odio: No sir, no it isn't. Mayor Suarez: Or delayed in any way. Mr. Dawkins: So we are going to take money and buy land from ourselves, is that what we are doing? Mr. Odio: And then as we give the land out for development for housing and that will be paid back. It will be part of the transaction, as I met with HUD last week, we should have been doing this in the past and therefore the actual cost of the housing is reflected and it's not the City donating land. Mr. Plummer: What item is this? Mr. Dawkins: 26. Mr. Plummer: 26? Mr. Dawkins: I've got a problem. Well, go ahead, no I don't got no problem with it, I'm OK, but I got a serious problem with it. Mr. De Yurre: Mr. Mayor, just for edification, I'd like to get an explanation on 25 so that no question arises from the public at any future time as to the reasons why... Mayor Suarez: Do you want to go ahead and put on the record whatever the concern may be and see if we can proceed with it? Mr. De Yurre: I'd just like to get an explanation as to how it works so that the public, the general public may understand it better. Their concerned now that, by looking at this, already I hear out in the street that we are short of cash, you know, bankrupt and all that kind of thing. I want to put that to rest with an explanation. Mr. Carlos Garcia: Mr. Mayor and members of the City Commission, as you know, this City collects most of its property taxes in December, therefore during the month of October and November, the cash balances of the City are very low, so the purpose of these notes, which are going to be not $20,000,000 as stated on your item, but $15,000,000, is precisely to fund the cash needs for the City during the month of October and November and once the December collections come in, we will be able to repay the note. In addition to that, the second benefit to the City is that we will make in... 2 October 12, 1909 P Mayor Suarez: No, wait, wait, you haven't said one benefit yet. You have indicated that this is a way to resolve maybe a problem, if we believe that this is problem, although apparently it was something that had existed presumably for all times, because this cyclical revenues format that we've got has been around with us for a long time, so don't say the second benefit, that's not a benefit what you described. You described some kind of solution i to some kind of problem that I'm not sure is a valid one. What is the other point you are going to make? U Mr. Garcia: The other benefit is that the City will be making in excess of $200,000 in arbitrage earnings, because we will be able to hold those funds until September of next year and we'll be able to arbitrage, that is make more money, the interest earnings will be higher than the interest cost to the City. Mayor Suarez: Because we are going to arbitrage the full $20,000,000 or $15,000,000 less the amount that we need to cover our cash flow? Mr. Garcia: After December, as I said, for October and November we need that cash to carry the regular operations of the City. Mayor Suarez: This has never been done before? Mr. Garcia: No sir, it has not. Mayor Suarez: Whose brilliant idea was it? Mr. Garcia: First, I think we are getting more sophisticated as far as our cash flow forecasting and we realize that we need that kind of situation. It is commonly done throughout governments, throughout the nations, state, cities, all throughout the nation it's done. Mayor Suarez: And what will be the net gain, you estimate, assuming that the typical cash flow from the tax revenues? Mr. Odio: $225,000. Mr. Garcia: It will be in excess of $225,000. We are paying 6.5 interest and we can make in excess of 8 percent of that money. Mayor Suarez: And nobody is going to invalidate that, right? No IRS agent or anybody else is going to come down and say that we are making money off our debts? Mr. Garcia: No sir, we've been working with bond counsel on that and everything that we are doing is legitimate. Mr. De Yurre: All right, but let me ask you something. Are you taking into consideration the interest that you are going to be paying for October and November? Mr. Garcia: Yes, and in spite of that... Mayor Suarez: You are saying you are paying 6.5 and you are making how much? Mr. Garcia: In excess of eight percent. Mr. De Yurre: Well, how much is 8? For ten months you are going to make one and one half points or two points? Mr. Garcia: Two points. At least two points, 200 basis points. Mr. De Yurre: Two points, that's 20 percent. Mr. Garcia: Right. Mr. De Yurre: And you are going to end up paying for two months 13 percent. Mr. Garcia; It is about one... no sir, we are paying... Mr. De Yurre: It's six and one-half and six and one-half... 3 October 12, 1989 P 0 zi _ Mr. Garcia: Well, six and one-half annually. We're paying one... Mr. De Yurre: I know, I'm just adding them up. i Mr. Garcia: It is one half of one percent per month, approximately. Mr. De Yurre: What? Mr. Garcia: It is one half of one percent per month, or six and one-half annually, the interest that we are paying on the notes. Mr. De Yurre: How much are you going to make? You are going to pay six and one-half for two months. Mr. Garcia: Right. We're going to pay six and one-half for the whole year. Mr. De Yurre: Per annum. Mr. Garcia: Right, for the whole year. Mr. De Yurre: Six and a half per annum, pay that. You are going to recuperate, during ten months you are going to recuperate eight percent... Mr. Garcia: Eight and one-half percent. Mr. De Yurre: Eight and one-half. Mr. Garcia: Yes, sir. Mr. De Yurre: Are you telling me then that the net of the gain before those, the gain during the ten months is going to offset, the payments that we are going to be making for the first two months? Mr. Garcia: Yes, sir, in excess of $200,000. Mr. De Yurre: I just wanted to have that on the record. Mayor Suarez: OK, with that clarification on CA-25... Mr. De Yurre: Based on $15,000,000. Mr. Garcia: The final amount is going to be $15,000,000, not twenty, yes, sir. Mr. De Yurre: So that the $15,000,000 will generate at the end of the year $225,000 after all the interest has been paid for a whole year. Mr. Garcia: The $225,000 was based on $20, 000, 000. Now, the amount will be less than that. It will be about $200,000. Mr. De Yurre: Well then, you've got to give me the amount that it's going to be. Mr. Garcia: I don't have that precise number. I cannot tell you exactly how much earning we are going to have on the funds because interest rates fluctuate throughout the year. Mr. De Yurre: So then where does the $225,000 come from? Mr. Garcia: From our estimate at that particular time, based on $20,000,000. At this time, the estimate as I said, is about $200,000. Mr. De Yurre: Two or two twenty-five. Mr. Garcia: It's $200,000 at this time. Mr. De Yurre: $200,000 for $15,000,000. Mr. Garcia: Yes, sir. Mr. De Yurre; OK, thank you. 4 October 12, 1909 Mayor Suarez: OK, is that sufficient clarification on 25? All right, with the exception of items 14, 15, 16 and 31, we... Mr. Plummer: Mr. Mayor, I pull 11, 18 and 28 for clarification. Mayor Suarez: 18 and 28. To reflect the vote again, do you want to try clarifications on 11, 18 and 28 and then we can still try to vote on them if... Mr. Plummer: That's fine with me, sir. Mayor Suarez: Item 11, what is the concern? Mr. Plummer: Mr. Manager, after we tear down the incinerator, what's going to happen? Mr. Odio: That is part of where we moving Public Works. Remember we sold the land to the medical college. Mr. Plummer: Do we still have a guarantee that what we are putting there is going to be under the figure of $2,500,000? Mr. Odio: Yes, we have to, we don't have any more money. Mr. Plummer: All right, item 16, what is this program for $32,000? I mean, you know, there is a lot of drug programs. What does this one hope to accomplish so I can hold somebody responsible? Mr. Odio: This is a T.V. campaign advertising billboards, bus benches and posters on the interiors and exteriors of buses and it will be mainly targeted in areas of high narcotic uses within the City, but we'll review it County wide, so... Mr. Plummer: Do we get to look at that program before it goes out? Mr. Odio: If you want to see it, I'll bring it in before you put it out. It's already out. I think you've seen that... Mr. Plummer: And if we turn this down? Mr. Odio: Well, we'll take them down. I don't know why you would object to... Mr. Plummer: No, I just... Mr. Odio: ... the problem. Remember, it says call the 62 drug numbers and this is part of the campaign. It's in every City vehicle. Mr. Plummer: Why is it coming after the fact? Mr. Odio: This happened before, during the recess, right? It happened during the summer and I guess it's my fault. We wanted to be out as soon as we could with this. Mr. Plummer: OK, on item 18. Mayor Suarez: Wait, let me ask Commissioner Dawkins, as he had asked to consider 16, if he has any other questions on... Mr. Dawkins: 15 and 16. Mayor Suarez: Anything on 16 further? Mr. Dawkins: No, Mr. Mayor, thank you. Mayor Suarez: All right, beautiful. Mr. Odio: Excuse me, Mr. Mayor, you have to vote on 11, I guess if you pulled it. Mayor Suarez: No, he has it, he's got the clarification. 5 October 12, 1969 0 0. Mr. Plummer: No, I didn't pull it. for discussion. Mr. Odio: Oh, they were voted on? Mr. Plummer: Not yet. 1.A DIRECT CITY MANAGER TO AMEND THE COMMERCIAL FACADE TREATMENT AGREEMENTS - ALLOCATE ADDITIONAL MONIES FOR CONTINUATION OF THE PROGRAMS - ALLOCATE ADDITIONAL $15,000 - TO LIBERTY CITY/EDISON TARGET AREA. Mayor Suarez: No, we are going to vote on them in a second. Item 15, any clarification? Commissioner Dawkins? Mr. Dawkins: Mr. Manager. Mr. Odio: Yes, sir. Mr. Dawkins: We have $15,000 for four areas here. I want $15,000 added for the Liberty City/Edison area and that will take it up to $52,000, fifty two six. With that modification, I can vote for it. Mr. Plummer: No, no way, sixty two six. Mr. Odio: Sixty-two. Mr. Dawkins: Sixty two, sixty two, yes. OK, I'm saying that you doing facades in everywhere but Liberty City and Edison, so I say, add $15,000 and put it in there. Mr. Plummer: Well, just for the record now, hold on, because I don't want that statement to be misused. We are doing, if I remember correctly, a tremendous facade program on 15th Avenue. Mr. Dawkins: But it's catchup for what you did everywhere else, and all I'm saying is just... Mr. Plummer: OK, hey, but your statement was we didn't give any facade money to Liberty City. Mr. Dawkins: No, OK, in this, OK, J.L., OK, you are right... Mr. Plummer: In this program. Mr. Dawkins: ... in this allocation we're not giving any to the area what we are trying to catch up in, so therefore, I want to add some money to bring it up equal with the rest of them and J.L. seconds the motion. Mayor Suarez: Why don't we take that as a separate motion. Frank, do you want to address it? Mr. Castaneda: No, just for clarification, Commissioner is that to Tacolcy Development Corporation... Mr. Dawkins: Beg pardon? Mr. Castaneda: To what corporation in Model City, to Tacolcy Development Corporation? Mr. Dawkins: Whatever organization that you as the Administration feels can get the job done and get us the best bang for our buck. Mr. Plummer: Second. Mayor Suarez: With that modification, I will take that in the form of a motion so that we... because that is a substantial modification of the item. Moved and seconded, any discussion, if not, please call the roll. 6 October 12, 1989 P The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 89-875 A MOTION DIRECTING THE CITY MANAGER TO AMEND THE COMMERCIAL FACADE TREATMENT AGREEMENTS ALLOCATING AN ADDITIONAL $47,600 FOR THE CONTINUATION OF THE COMMERCIAL FACADE TREATMENT PROGRAMS; FURTHER DIRECTING THE CITY MANAGER TO ALLOCATE AN ADDITIONAL $15,000 TO BE ALLOCATED TO THE LIBERTY CITY/EDISON TARGET AREA FOR THE SAME PURPOSE, BRINGING THE ADDITIONAL ALLOCATION TO A TOTAL OF $62,600. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range ` Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Anything on 16 that we haven't covered since both of you have inquired about it? If not, we'll go to 18. General Comments on Consent Agenda 18. Mr. Plummer: On 18, Mr. Manager, what happens if no contract is signed? In other words, you say here that the $35,000 for this company to come in and do an analyzation, I guess we don't have in-house capability, will come from whoever is the winning awardee. Mr. Odio: If we don't have F. successful... Mr. Plummer: What happens if there is no winning awardee? Mr. Odio: Then, we have to spend it this morning. Mr. Plummer: Well, why do... I don't understand, why do we have to have a private company paying $35,000 just to analyze proposals? Do we not have that expertise in house? Ms. Arleen Weintraub: Excuse me, Arleen Weintraub, Department of Development. In the City Charter and Code Section for UDP's (Unified Development Projects) it specifically says that we have to hire a certified public accounting firm and that's why we always go through this. Mr. Plummer: But you know, how much work can there be in a proposal? Mr. Odio: Some of those proposals are a lot of work, Commissioner. Mr. Plummer: $35,000 is a lot of money. Mr. Odio: Yes, but you take a project like Dinner Key Boatyard or... Mr. Plummer: This is not Dinner Key. Mr. Odio: Or you take the Bayside, or whatever those prices that we have used in UDP... Mayor Suarez: Can we... let me suggest this, I've always wondered about the UDP ordinance having a prescription of a CPA analysis. Change the ordinance for the future to say that if it is deemed necessary, or where appropriate, and not have an automatic, I mean, it's a nice bonanza for CPA firms, but some UDP's won't require a CPA analysis. Mr. Odio: I have no problem with that. 7 October 12, 1989 0 I Mayor Suarez: If you want to have them draft something for future reference, it is a UDP ordinance, I remember, it's a 16 page ordinance that we discussed i seven, eight years ago. Mr. Plummer: I've got to tell you, it seems like it. Mayor Suarez: Probably drafted by Bob Sechen or something, before he left so i that he could... Mr. Odio: It's an awful lot of money. Mr. Odio: We have always got our money back, so... A Mr. Plummer: But Mr. Manager, even if you get your money back, the guy that gets the award is got to make up in his proposal that amount of money. Mayor Suarez: Right, increases the price of the item for the ultimate award i winner. Mr. Plummer: Well, OK, I'll pass up on it. Mayor Suarez: You want him to start looking at a modification of that ordinance? Mr. Plummer: I'd sure love to. Mayor Suarez: Mr. Manager, would you do that?... and Mr. City Attorney and bring back to us one that makes that permissive rather than mandatory, because I can see a lot of cases where CPA input will not be needed and might actually be counter. We've got item 28, is the other one for clarification that you wanted, I believe. Mr. Odio: No, 26 I think, Commissioner Dawkins. Mayor Suarez: You had asked to just pull 26 altogether, right, or... Mr. Plummer: No, that's just so he can vote against it. General Comments on Consent Agenda 26. Mayor Suarez: OK, 26, clarification. Mr. Vice Mayor. Mr. De Yurre: That was Miller's. Mr. Odio: No, Miller just wanted to vote against it, Mr. Mayor. Mr. Plummer: Miller merely wanted to pull. Mayor Suarez: You want it separately to vote against it. OK, we are going to take that one out. Mr. Plummer: 28, Mr. Manager, what properties are involved? Mr. Odio: This is the Latin Quarter. Mr. Plummer: The Latin Quarter? Mr. Odio: Yes, sir, and we want to move fast. Mayor Suarez: The Latin Quarter Specialty Center. Mr. Odio; Yes, sir. Mr. Plummer: OK, that's all I had, Mr. Mayor. Comments made on Consent Agenda 14 and 26. Mayor Suarez: Item 14. Is this... you are going to abstain? Where is Smith? Mr. Plummer: My God, look at the heavy weights over here! 8 October 12, 1989 0 0 Mayor Suarez: Let's see if we can get Commissioner Dawkins back to have a quorum because the Vice Mayor and I have to sit this one out. Mr. Plummer: I didn't realize that this was so important. Mayor Suarez: Item 26 was pulled because Cnmmissioner Dawkins wanted to vote against it, right? Mr. Odio: Yes, sir, that's the only reason. Mayor Suarez: Give us a couple minutes Carlos, to get ourselves a quorum here. NOTE FOR THE RECORD: At this point, Consent Agenda item 14 was momentarily tabled. Mayor Suarez: All right, with the exception then, unless I am mistaken, of items 14, 26 and 31. Is there anyone else from the general public that wishes to be heard separately on any of these items, CA-1 through CA-40, the consent agenda? If not, I will entertain a motion on these items as amended and clarified by the Commission and I'll so entertain a motion. is Mr. De Yurre: Moved. Mayor Suarez: Moved. You want to second? Mrs. Range: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll on the consent agenda less the pulled items. THEREUPON MOTION DULY MADE BY VICE MAYOR DE YURRE AND SECONDED BY COMMISSIONER RANGE, THE FOLLOWING ITEMS COMPRISING THE CONSENT AGENDA WERE ADOPTED BY THE FOLLOWING VOTE: AYES: Commissioner J. L. Plummer, Jr. Commissioner Athalie M. Range Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins COMMENTS MADE DURING ROLL CALL: Mr. Plummer: I've got a feud with the Manager, but I'll vote yes. 1.1 ACCEPT BID: CALAN, INC. - for furnishing an Integrated Sweep System and Spectrum Analyzer for Computers Department. RESOLUTION NO. 89-876 A RESOLUTION ACCEPTING THE BID OF CALAN, INC. FOR THE FURNISHING OF AN INTEGRATED SWEEP SYSTEM AND SPECTRUM ANALYZER FOR THE DEPARTMENT OF COMPUTERS AT A TOTAL PROPOSED COST OF $19,960.00; ALLOCATING FUNDS THEREFOR FROM FY 188-89 SPECIAL REVENUE FUND ACCOUNT CODE NO. 540101-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.2 ACCEPT BIDS: (i) HECTOR TURF, INC. - for furnishing one rotary mower; (ii) DEBRA TURF AND EQUIPMENT - for furnishing one reel turf mower - Authorize purchase of 2 riding mowers for GSA Department/Fleet Management Division, 9 October 12, 1989 0 P RESOLUTION NO. 89-877 A RESOLUTION ACCEPTING THE BIDS OF HECTOR TURF, INC., FOR FURNISHING OF ONE (1) ROTARY MOWER IN THE AMOUNT OF $9,985.00 AND TURF & EQUIPMENT FOR FURNISHING ONE REEL TURF MOWER IN THE AMOUNT OF $12,669.00 TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/FLEET MANAGEMENT DIVISION AND AUTHORIZING THE PURCHASE OF TWO (2) RIDING MOWERS UNDER A CURRENT STATE OF FLORIDA CONTRACT NO. 515- 630-89-1 FROM DEBRA TURF & EQUIPMENT IN THE AMOUNT OF $10,298.00 FOR A, TOTAL PROPOSED AMOUNT OF $32,952.00; ALLOCATING FUNDS THEREFOR FROM 1988-89 PARKS RECREATION AND PUBLIC FACILITIES ACCOUNT CODE NO. 580202-850 ($9,985.00); ACCOUNT CODE NO. 580202- 840 ($12,669.00) AND ACCOUNT CODE NO. 580303-640 ($10,298.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.3 ACCEPT BID: DICTAPHONE CORPORATION - for furnishing maintenance services for the E-911 logging recorders system in Fire Department - for GSA Department/Communication Division - Authorize purchase of 2 call check recorders and rack control panels. RESOLUTION NO. 89-878 A RESOLUTION ACCEPTING THE BID OF DICTAPHONE CORPORATION FOR THE FURNISHING OF MAINTENANCE SERVICES FOR THE E-911 LOGGING RECORDERS SYSTEM LOCATED AT THE DEPARTMENT OF FIRE, RESCUE AND INSPECTIONS SERVICES ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY AT A TOTAL PROPOSED FIRST YEAR COST OF $9,282.00 TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/COMMUNICATION DIVISION AND FURTHER AUTHORIZING THE PURCHASE UNDER AN EXISTING STATE OF FLORIDA CONTRACT NO. 725-630-88-1 FROM THE DICTAPHONE CORPORATION FOR TWO (2) CALL CHECK RECORDERS AND RACK CONTROL PANELS IN THE PROPOSED AMOUNT OF $18,222.20; ALLOCATING FUNDS THEREFOR FROM THE 1988-89 OPERATING BUDGET ACCOUNT NO. 420602-670 ($9,282.00) AND ACCOUNT NO. 420602-840 ($8,940.20); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE PURCHASES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 10 October 12, 1989 P 0 1.4 ACCEPT BID: A A SALES AND SERVICE CO., INC. - for furnishing and installation of 5 overhead garage doors at Fire Station #1 for GSA Department/Property Maintenance Division. RESOLUTION NO. 89-879 A RESOLUTION ACCEPTING THE BID OF A A SALES & SERVICE CO., INC., FOR THE FURNISHING AND INSTALLATION OF FIVE (5) OVERHEAD GARAGE DOORS AT FIRE STATION #1 FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/PROPERTY MAINTENANCE DIVISION AT A TOTAL PROPOSED COST OF $5,007.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT ACCOUNT CODE 0313018-289401-850; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.5 ACCEPT BID: VOLCECOM OF FLORIDA, INC. - for furnishing and installation of a voice messaging system to Personnel Management Department. RESOLUTION NO. 89-880 A RESOLUTION ACCEPTING THE BID OF VOICECOM OF FLORIDA, INC., FOR FURNISHING AND INSTALLATION OF A VOICE MESSAGING SYSTEM TO THE DEPARTMENT OF PERSONNEL MANAGEMENT AT A PROPOSED COST OF $21,440.00; ALLOCATING FUNDS THEREFOR FROM THE 1988- 89 OPERATING BUDGET ACCOUNT CODE #270101-907; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.6 ACCEPT BID: LLOYD STEIR - for furnishing 3 purebred German Shepherd dogs for Police Department. RESOLUTION NO. 89-881 A RESOLUTION ACCEPTING THE BID OF LLOYD STEIR FOR THE FURNISHING OF THREE (3) PUREBRED GERMAN SHEPHERD DOGS FOR THE DEPARTMENT OF POLICE AT A PROPOSED COST OF $8,100.00; ALLOCATING FUNDS THEREFOR FROM THE OPERATING BUDGET ACCOUNT CODE #290201-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THE PURCHASE OF THESE DOGS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.7 ACCEPT BID: COMMERCIAL FITNESS PRODUCTS - for furnishing gymnasium equipment for Police Department. RESOLUTION NO. 89-882 A RESOLUTION ACCEPTING THE BID OF COMMERCIAL FITNESS PRODUCTS FOR THE FURNISHING OF GYMNASIUM EQUIPMENT FOR THE DEPARTMENT OF POLICE AT A PROPOSED COST OF $55,750.00; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, ACCOUNT CODE NO, 290929-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THE PURCHASE OF THIS EQUIPMENT. 11 October 12, 1989 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.8 ACCEPT BID: APEX CONSTRUCTION ENTERPRISES, INC. - for remodelling police gymnasium for Police Department. RESOLUTION NO. 89-883 A RESOLUTION ACCEPTING THE BID OF APEX CONSTRUCTION ENTERPRISES, INC., FOR THE REMODELING OF POLICE GYMNASIUM FOR THE DEPARTMENT OF POLICE AT A PROPOSED COST OF $23,626.00; ALLOCATING FUNDS THEREFOR FROM THE LASE ENFORCEMENT TRUST FUND PROJECT NO. 690001 ACCOUNT CODE NO. 290929-860; 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.) 1.9 ACCEPT BID: M. VILA AND ASSOCIATES, INC. - for N.E. 14 Street Highway Project. RESOLUTION NO. 89-884 A RESOLUTION ACCEPTING THE BID OF M. VILA & ASSOCIATES, INC., IN A PROPOSED AMOUNT NOT TO EXCEED $27,059.29, FOR "N.E. 14 STREET HIGHWAY PROJECT", B- 4539, WITH MONIES THEREFOR ALLOCATED FROM THE "CITYWIDE STREET IMPROVEMENTS - FY 189" ACCOUNT, CIP PROJECT NO. 341175, IN AN AMOUNT NOT TO EXCEED $27,059.29 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.10 ACCEPT BID: LANZO CONSTRUCTION CO. - for N.W. 36 Street Sanitary Sewer Improvement - Execute contract. RESOLUTION NO. 89-885 A RESOLUTION ACCEPTING THE BID OF LANZO CONSTRUCTION CO. IN THE PROPOSED AMOUNT OF $1,083,790.00 BASE BID OF THE PROPOSAL, FOR NORTHWEST 36 STREET SANITARY SEWER IMPROVEMENT, SUBJECT TO THE APPROPRIATION OF THE NECESSARY FUNDING; WITH MONIES THEREFOR ALLOCATED FROM THE 1989 CAPITAL IMPROVEMENT ORDINANCE NO. 10521, PROJECT NO. 351276 IN THE AMOUNT OF $1,083,790.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. } (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 12 October 12, 1989 1.11 ACCEPT BID: SIGMA CONSTRUCTION AND ENGINEERING CORP. - for demolitions of former Incinerator No. 1 - Execute contract. RESOLUTION NO. 89-886 A RESOLUTION ACCEPTING THE BID OF SIGMA CONSTRUCTION & ENGINEERING CORP. IN THE PROPOSED AMOUNT OF $134,961.00, BASE BID PLUS ADDITIVE ITEM A OF THE PROPOSAL, FOR DEMOLITION OF FORMER INCINERATOR NO. 1, WITH MONIES THEREFOR ALLOCATED FROM THE 1989 CAPITAL IMPROVEMENT ORDINANCE NO. 10521, PROJECT NO. 311018 IN THE AMOUNT OF $134,961.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.12 ACCEPT BID: ACTION IRRIGATION, INC. - for Citywide Irrigation Projects - Execute contract. RESOLUTION NO. 89-887 A RESOLUTION ACCEPTING THE BID OF ACTION IRRIGATION, INC., IN THE PROPOSED AMOUNT OF $51,999.20, BASE BID OF THE PROPOSAL, FOR CITYWIDE IRRIGATION PROJECTS; WITH MONIES THEREFOR ALLOCATED FROM THE 1989 CAPITAL IMPROVEMENT ORDINANCE NO. 10521, PROJECT NO. 331338 IN THE AMOUNT OF $51,999.20 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.13 ACCEPT BID: DEMOYA GROUP, INC. - for Civic Center Storm Sewer Retrofitting Project - Execute contract. RESOLUTION NO. 89-888 A RESOLUTION ACCEPTING THE BID OF THE DEMOYA GROUP, INC., IN THE PROPOSED AMOUNT OF $533,313.00 BASE BID OF THE PROPOSAL, FOR CIVIC CENTER STORM SEWER RETROFITTING PROJECT (SECOND BIDDING), WITH MONIES THEREFOR ALLOCATED FROM THE 1989 CAPITAL IMPROVEMENT ORDINANCE NO. 10521, PROJECT NO. 352272 IN THE AMOUNT OF $533,313.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 13 October 12, 1969 4k 1.14 EXECUTE AMENDED COMMERCIAL FACADE TREATMENT AGREEMENTS - between the City of Miami and (i) Allapattah Business Development Authority, Inc., (ii) Downtown Miami Business Association, Inc., (III) Greater Biscayne Boulevard Chamber of Commerce, Inc., (iv) Little Havana Development Authority, Inc. - Allocate funds from 14th year CDBG Fund. RESOLUTION NO. 89-889 A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO AMEND THE COMMERCIAL FACADE TREATMENT AGREEMENTS DATED MAY 25, 1989, BETWEEN THE CITY OF MIAMI AND GREATER BISCAYNE BOULEVARD CHAMBER OF COMMERCE, INC.(GBBCC), LITTLE HAVANA DEVELOPMENT AUTHORITY, INC. (LHDA), DOWNTOWN MIAMI BUSINESS ASSOCIATION, INC. (DMBA), ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. (ABDA) AND TACOLCY ECONOMIC DEVELOPMENT CORPORATION, INC (TEDC), IN SUBSTANTIALLY THE FORM ATTACHED, TO ALLOCATE AN ADDITIONAL $62,600 FOR THE CONTINUATION OF COMMERCIAL FACADE TREATMENT PROGRAM IN THE TARGET AREAS WITH FUNDS THEREFOR BEING ALLOCATED FROM THE FOURTEENTH (14TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.15 EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH HERB KELLY - for an anti- drug education campaign for Police Department. RESOLUTION NO. 89-890 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH HERB KELLY, TO PROVIDE AN ANTI -DRUG EDUCATION CAMPAIGN FOR THE CITY OF MIAMI POLICE DEPARTMENT, WITH FUNDS THEREFOR ALLOCATED IN AN AMOUNT NOT TO EXCEED $32,500 FROM THE LAW ENFORCEMENT TRUST FUND AND SUBJECT TO ADOPTION OF AN ORDINANCE APPROPRIATING SAID AMOUNT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.16 EXECUTE AMENDMENT NO. 1 TO AGREEMENT - between the City of Miami and Deloite Haskins & Sells, in association with (i) Sharpton, Brunson & Company, P.A., (ii) Verdeja, Iriondo & Gravier, CPAs, (III) Watson & Company - for assistance with implementation of new payroll/personnel/accounts receivable systems - Allocate funds. RESOLUTION NO. 89-891 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE FORM ATTACHED, TO AN AGREEMENT BETWEEN THE CITY OF MIAMI AND DELOITTE HASKINS AND SELLS, CERTIFIED PUBLIC ACCOUNTANTS, IN ASSOCIATION WITH SHARPTON, BRUNSON & COMPANY, P.A., VERDEJA, IRIONDO & GRAVIER, CPAS AND WATSON & COMPANY, FOR ASSISTANCE WITH THE IMPLEMENTATION OF THE NEW PAYROLL/PERSONNEL AND ACCOUNTS RECEIVABLE SYSTEMS, WITH FUNDS IN AN AMOUNT NOT TO EXCEED $60,000 THEREFOR ALLOCATED FROM THE FISCAL YEAR 1989 OPERATING BUDGETS OF THE DEPARTMENTS OF COMPUTERS AND FINANCE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14 October 12, 1989 r 1.17 EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH ERNST AND YOUNG (formerly Arthur Young & Company), TOGETHER WITH JORDAN, ABELLA & CO. - to analyze financial viability of responses to RFP for the 1145 N.W. 11 Street, Municipal Justice Building - Authorize compensation to be reimbursed to the City by successful proposer upon execution of lease agreement. RESOLUTION NO. 89-892 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH ERNST & YOUNG, FORMERLY KNOWN AS ARTHUR YOUNG AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS, WITH THE PARTICIPATION OF THE MINORITY -OWNED ACCOUNTING FIRM OF JORDAN, ABELLA AND COMPANY, TO ANALYZE THE FINANCIAL VIABILITY OF PROPOSALS TO BE SUBMITTED IN RESPONSE TO THE REQUEST FOR PROPOSALS FOR THE 1145 N.W. 11 STREET, MUNICIPAL JUSTICE BUILDING PROPERTY UNIFIED DEVELOPMENT PROJECT; AUTHORIZING COMPENSATION FROM FUNDS AVAILABLE IN THE PROFESSIONAL SERVICES ACCOUNT OF THE DEPARTMENT OF DEVELOPMENT FY 1989 BUDGET, TO BE REIMBURSED TO THE CITY BY THE SUCCESSFUL PROPOSER UPON EXECUTION OF A NEGOTIATED LEASE AGREEMENT, FOR SERVICES NOT TO EXCEED AN AMOUNT OF $35,000, TO BE DETERMINED BY THE NUMBER OF RESPONSIVE PROPOSALS SUBMITTED AND ANALYZED, PLUS OUT-OF-POCKET EXPENSES NOT TO EXCEED AN AMOUNT OF $2,500, FOR THE PERIOD COMMENCING UPON EXECUTION OF AN AGREEMENT AND TERMINATING UPON COMPLETION OF PROFESSIONAL SERVICES; FURTHER PROVIDING THAT 50% OF THE FEES BE PAID TO THE MINORITY OWNED SUBCONSULTING FIRM OF JORDAN, ABELLA AND COMPANY, FOR THEIR PARTICIPATION IN THE ANALYSIS OF PROPOSALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.18 EXECUTE CONTRACT WITH F.F. SANDS ASSOCIATES - for consulting services to Internal Audits and Reviews Department - concerning development of an affirmative action program plan - Allocate funds. RESOLUTION NO. 89-893 A RESOLUTION, WITH ATTACHMENTS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN SUBSTANTIALLY THE ATTACHED FORM WITH F.F. SANDS ASSOCIATES FOR AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000), TO PROVIDE CONSULTING SERVICES TO THE DEPARTMENT OF INTERNAL AUDITS AND REVIEWS IN CONNECTION WITH THE DEVELOPMENT OF AN AFFIRMATIVE ACTION PROGRAM PLAN AND ALLOCATING FUNDS FROM SPECIAL PROGRAMS AND ACCOUNTS, TWENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($22,500) AND DEPARTMENT OF INTERNAL AUDITS AND REVIEWS FY'89-90 BUDGET, TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 15 October 12, 1989 1.19 EXECUTE CONTRACT WITH THOMAS HOUSTON ASSOCIATES, INC. - for consulting services to Internal Audits and Reviews Department - concerning development of an affirmative action program plan - Allocate funds. RESOLUTION NO. 89-894 A RESOLUTION, WITH ATTACHMENTS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN SUBSTANTIALLY THE ATTACHED FORM WITH THOMAS HOUSTON ASSOCIATES, INC. FOR AN AMOUNT NOT TO EXCEED TWENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($22,500) TO PROVIDE CONSULTING SERVICES TO THE DEPARTMENT OF INTERNAL AUDITS AND REVIEWS IN CONNECTION WITH THE DEVELOPMENT OF AN AFFIRMATIVE ACTION PROGRAM PLAN AND ALLOCATING FUNDS FROM SPECIAL PROGRAMS AND ACCOUNTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.20 ISSUE REVOCABLE PERMIT TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION - for use of portion of property at 1009 N.W. 5 Avenue. RESOLUTION NO. 89-895 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR THE USE OF A PORTION OF THE PROPERTY LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT "A" ALSO KNOWN AS 1009 N.W. 5TH AVENUE, MIAMI, FLORIDA, SAID PERMIT BEING FOR A PERIOD OF ONE YEAR IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED REVOCABLE PERMIT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.21 AUTHORIZE MANAGER TO SOLICIT ADVERTISEMENTS TO FUND PUBLISHING COSTS OF THE CITY OF MIAMI NEWSLETTER ("OUR CITY"). RESOLUTION NO. 89-896 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SOLICIT ADVERTISEMENTS TO FUND PUBLISHING COSTS OF THE CITY OF MIAMI NEWSLETTER, "OUR CITY". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.22 RENAME AND CHANGE ADDRESS OF COCONUT GROVE EXHIBITION CENTER TO "COCONUT GROVE CONVENTION CENTER", 2700 SOUTH BAYSHORE DRIVE. RESOLUTION NO. 89-897 A RESOLUTION RENAMING AND CHANGING THE MAILING ADDRESS OF THE COCONUT GROVE EXHIBITION CENTER, 3360 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133, TO THE COCONUT GROVE CONVENTION CENTER, 2700 SOUTH BAYSHORE DRIVE, MIAMI FLORIDA, 33133; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO ALL AFFECTED GOVERNMENT AGENCIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 16 October 12, 1909 l� :{ 1.23 AUTHORIZE REPLACEMENT OF CERTAIN FLORIDA PARKING REVENUE BONDS - to substitute lost bonds. RESOLUTION NO. 89-898 i A RESOLUTION AUTHORIZING THE REPLACEMENT OF CERTAIN CITY OF MIAMI, FLORIDA PARKING REVENUE BONDS, DUE AUGUST 1, 2008, IN THE PRINCIPAL AMOUNT OF $10,000.00 TO SUBSTITUTE LOST BONDS. i (Here follows body of resolution, omitted here and t on file in the Office of the City Clerk.) 1.24 AUTHORIZE ISSUANCE OF $20,000,000 TAX ANTICIPATION NOTES, SERIES 1989 - to meet City's cash flow requirements for fiscal year 1989-90. RESOLUTION NO. 89-899 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $20,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF MIAMI, FLORIDA TAX ANTICIPATION NOTES, SERIES 1989 FOR THE PURPOSE OF MEETING CERTAIN OF THE CITY'S CASH FLOW REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1990; PROVIDING FOR THE RIGHTS AND SECURITY OF ALL NOTES ISSUED PURSUANT TO THIS RESOLUTION; PROVIDING CERTAIN DETAILS OF THE NOTES; APPOINTING A PAYING AGENT FOR THE NOTES; AUTHORIZING THE PAYING AGENT TO TAKE ACTIONS NECESSARY TO QUALIFY THE NOTES FOR DEPOSIT WITH THE DEPOSITORY TRUST COMPANY; AUTHORIZING APPROPRIATE OFFICERS OF THE CITY TO TAKE SUCH INCIDENTAL ACTIONS AS SHALL BE NECESSARY AND APPROPRIATE TO ACCOMPLISH THE SALE OF THE NOTES; AUTHORIZING THE NEGOTIATED SALE OF THE NOTES; APPROVING THE FORM, EXECUTION AND DELIVERY OF A NOTE PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE NOTES; RATIFYING THE PRIOR DISTRIBUTION OF A PRELIMINARY OFFERING MEMORANDUM; APPROVING THE FORM AND EXECUTION OF AN OFFERING MEMORANDUM; AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.25 APPROVE REQUEST OF POINT VIEW ASSOCIATION, INC. - Install Point View Area identification signs within public street right-of-way at intersection of S.E. 14 Street and S.E. 15 Road, and S.E. Bayshore Drive. RESOLUTION NO. 89-900 A RESOLUTION APPROVING THE REQUEST OF THE POINT VIEW ASSOCIATION, INCORPORATED, TO INSTALL POINT VIEW AREA IDENTIFICATION SIGNS WITHIN THE PUBLIC STREET RIGHT OF WAY AT THE INTERSECTION OF SOUTHEAST 14 STREET AND SOUTHEAST BAYSHORE DRIVE AND SOUTHEAST 15TH ROAD AND SOUTHEAST BAYSHORE DRIVE IN THE CITY OF MIAMI, FLORIDA, SUBJECT TO THE PROVISIONS CONTAINED WITHIN THIS RESOLUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 17 October 12, 1989 r \hi 1 . 26 ACCEPT PROPOSALS OF ( i ) LUKE A. ROSS, AND (iii) RENALDO BLANCO, ANCLA REALTY value of certain properties located Subdivision and Avocado Park - Allocate (ii) RALPH ROSS REAL ESTATE CO., INC. - to appraise fair market in Lawrence Estate Land Co. funds. RESOLUTION NO. 89-901 A RESOLUTION ACCEPTING THE PROPOSALS OF LUKE A. ROSS, RALPH ROSS REAL ESTATE CO., AND RENALDO BLANCO, ANCLA REALTY, INC., A MINORITY APPRAISER, BOTH MEMBERS OF THE NATIONAL SOCIETY OF FEE APPRAISERS, AT A FEE OF $9,850.00 AND $10,750.00, RESPECTIVELY, TO APPRAISE THE FAIR MARKET VALUE OF CERTAIN PROPERTIES INCLUDING IMPROVEMENTS THEREON, LOCATED IN LAWRENCE ESTATE LAND CO. SUBDIVISION, PLAT BOOK 2 AT PAGE 46, IN BLOCK 104, LOTS 1 THROUGH 10 AND 17 THROUGH 20; AND AVOCADO PARK AMENDED PLAT BOOK 3 AT PAGE 68, LOTS 8 THROUGH 15, SOUTH 45' OF LOT 16 AND LOTS 17 THROUGH 19, WITH FUNDS TO COVER THE EXPENSES FOR THE APPRAISAL BEING ALLOCATED FROM CAPITAL IMPROVEMENT PROJECT FUND #321038, Index Code 420701, Object Code 220. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.27 ACCEPT BIDS: (i) CAZO CONSTRUCTION CORPORATION - for Scattered Site Housing Development Project-Allapattah Phase I; (ii) ROBINSON CONSTRUCTION, INC. - for Scattered Site Housing Development Projects - Model City Phase II and Model City Phase III - Allocate funds. RESOLUTION NO. 89-902 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE BID OF CAZO CONSTRUCTION CORPORATION (A HISPANIC CONTRACTOR) IN THE AMOUNT OF $169,444, BASE BID OF THE PROPOSAL, FOR SCATTERED SITE HOUSING DEVELOPMENT PROJECT-ALLAPATTAH PHASE I; FURTHER ACCEPTING THE BIDS OF ROBINSON CONSTRUCTION, INC. (A BLACK CONTRACTOR) IN THE AMOUNT OF $171,200 AND $85,500, BASE BIDS OF THE PROPOSALS, FOR SCATTERED SITE HOUSING DEVELOPMENT PROJECTS -MODEL CITY PHASE II AND MODEL CITY PHASE III, RESPECTIVELY; WITH FUNDS THEREFOR ALLOCATED FROM "SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM" ACCOUNT, CAPITAL IMPROVEMENT ORDINANCE NO. 10642, PROJECT NO. 321034, TO COVER THE SAID CONTRACT AMOUNTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT(S) WITH THE AFOREMENTIONED CONSTRUCTIONS FIRMS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.28 EXECUTE PURCHASE AGREEMENTS WITH PROPERTY OWNERS - for six parcels within Coconut Grove, Allapattah and Model City Community Development Target Areas - for City Sponsored Scattered Site Affordable Housing Development Program - Allocate funds from llth Year CDBG Funds. RESOLUTION NO. 89-903 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO MAKE OFFERS AND EXECUTE PURCHASE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE PROPERTY OWNERS FOR ACQUISITION OF SIX PARCELS (PARCEL NO.'S 05-09, 05-10, 03-24, 03-25, 02-36 AND 02-43) WITHIN THE COCONUT GROVE, ALLAPATTAH AND MODEL CITY COMMUNITY DEVELOPMENT TARGET AREAS, RESPECTIVELY, AND WHICH MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBITS "A" AND 18 October 12, 1989 r "B", TO BE USED FOR THE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES IN CONNECTION WITH THE CITY SPONSORED SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM; FUNDS BEING AVAILABLE FROM THE ORIGINAL $1,000,000 ALLOCATED FROM 11TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER PROJECT NUMBER 321026, INDEX CODE NUMBER 579102, FOR ACQUISITION OF THE SUBJECT PROPERTIES IN CONNECTION WITH THE SAID PROGRAM; FURTHER AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT PARCELS AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF OPINION OF TITLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.29 AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST MR. PRENTICE F. RASHEED (d/b/a Rasheed's Clothing and Jewelry) - to recover $20,000 loaned to him by Model City Small Business Development Pilot Loan Program. RESOLUTION NO. 89-904 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST MR. PRENTICE F. RASHEED, D/B/A RASHEED'S CLOTHING AND JEWELRY TO RECOVER LOAN FUNDS IN THE AMOUNT OF $20,000 TO SAID INDIVIDUAL VIA THE MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.30 AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST MR. ARTHUR J. BROOKS (d/b/a Uncle Arthur's Grocery Store) - to recover $15,000 loaned to him by Model City Small Business Development Pilot Loan Program. RESOLUTION NO. 89-905 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO —;i INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST MR. ARTHUR J. BROOKS, D/B/A UNCLE ARTHUR'S GROCERY STORE TO RECOVER LOAN FUNDS IN THE AMOUNT OF $15,000 TO SAID INDIVIDUAL VIA THE MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.31 EXECUTE QUIT CLAIM DEED TO OWNERS OF LOT IN BONITA PARK - to remove right-of-way reservation. RESOLUTION NO. 89-906 A RESOLUTION CONCERNING LOT 15, BLOCK 1, OF THE AMENDED PLAT OF BONITA PARK IN MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A STANDARD FORM QUIT CLAIM DEED TO THE OWNERS OF SAID LOT THEREBY RELEASING AND REMOVING THE RIGHT OF WAY RESERVATION FOR SAID LOT BECAUSE OF THE REASONS STATED HEREIN; FURTHER, PROVIDING THAT SUCH QUIT CLAIM DEED BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 19 October 12, 1989 0 e r 1.32 URGE METROPOLITAN DADE COUNTY TO TAKE STEPS TO INSTALL TRAFFIC REGULATORY SIGNS IN SOUTH COCONUT GROVE. RESOLUTION NO. 89-907 A RESOLUTION, WITH ATTACHMENT, URGING METROPOLITAN DADE COUNTY TO TAKE STEPS WHICH WILL RESULT IN THE INSTALLATION OF TRAFFIC REGULATORY SIGNS IN THE SOUTH COCONUT GROVE NEIGHBORHOOD IN THE CITY OF MIAMI, FLORIDA, IN ACCORDANCE WITH PLAN "C"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN NAMED OFFICIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.33 GRANT REQUEST BY MIAMI BOOK FAIR INTERNATIONAL, INC. FOR STREET CLOSURE - concerning 1989 Miami Book Fair International - Establish temporary pedestrian mall and area prohibited to retail peddlers. RESOLUTION NO. 89-908 A RESOLUTION CONCERNING THE 1989 MIAMI BOOK FAIR INTERNATIONAL TO BE CONDUCTED BY MIAMI BOOK FAIR INTERNATIONAL, INC., ON NOVEMBER 15-20, 1989, AUTHORIZING THE CLOSURE OF DESIGNATED STREETS 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 SERVICES; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF SAID EVENT; CONDITIONED UPON THE ORGANIZERS PAYING FOR NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT 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.) 1.34 GRANT REQUEST BY AMERICAN CANCER SOCIETY TO USE CERTAIN STREETS - concerning "Making Strides Against Cancer" event. RESOLUTION NO. 89-909 A RESOLUTION CONCERNING "MAKING STRIDES" AGAINST CANCER TO BE CONDUCTED BY THE AMERICAN CANCER SOCIETY, FLORIDA, DIVISION, INC.-DADE COUNTY UNIT ON OCTOBER 28, 1989, AUTHORIZING THE USE OF CERTAIN STREETS, SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; FURTHER AUTHORIZING THE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON SAID STREETS; CONDITIONED UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND THE REQUIREMENT THAT THE CITY BE INSURED AGAINST ANY POTENTIAL LIABILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 20 October 12, 1989 r e 1.35 RESCIND RESOLUTION 89-749/CORRECT SCRIVENER'S ERROR - concerning closing/vacating/abandoning/discontinuing public use of portion of S.W. 30 Avenue between southerly right-of-way line of S.W. 28 Lane and Metrorail right-of-way. RESOLUTION NO. 89-910 A RESOLUTION RESCINDING RESOLUTION NO. 89-749, PASSED AND ADOPTED ON JULY 31, 1989, WHICH DEALT WITH THE VACATION, ABANDONMENT AND DISCONTINUATION OF A CERTAIN STREET, IN ORDER TO CORRECT A SCRIVENER'S ERROR; FURTHER CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF SOUTHWEST 30 AVENUE LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHWEST 28 LANE AND NORTH OF THE METRORAIL RIGHT-OF-WAY, IN ACCORDANCE WITH ALL REQUIREMENTS CONTAINED HEREIN, SAID REQUIPEMENTS BEING ESTABLISHED AS A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1351 "C.S.B. SUBDIVISION." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.36 ACCEPT 26 DEEDS OF DEDICATION - for highway purposes. RESOLUTION NO. 89-911 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT TWENTY SIX (26) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING THE RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.37 AUTHORIZE MANAGER TO SUBMIT APPLICATIONS REQUESTING GRANTS-IN-AID FROM FEDERAL/STATE/COUNTY/LOCAL GOVERNMENTS - as well as private foundations/corporations at local/state/national level - Authorize Manager to designate in-kind/cash match as required to granting agency - Final acceptance/allocation to be made by City Commission. RESOLUTION NO. 89-912 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS) REQUESTING GRANTS-IN-AID FROM FEDERAL, STATE, COUNTY AND LOCAL GOVERNMENTS, AS WELL AS PRIVATE FOUNDATIONS, CORPORATIONS, AND OTHER SIMILAR ORGANIZATIONS AT THE LOCAL, STATE AND NATIONAL LEVEL; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE APPROPRIATE IN -KIND AND CASH MATCH AS REQUIRED BY THE GRANTING AGENCY OR AGENCIES, WITH FINAL ACCEPTANCE OF ANY SUCH GRANT REQUEST AND ALLOCATION OF GRANT MONIES TO BE MADE BY THE CITY COMMISSION UPON THE CITY MANAGER'S RECOMMENDATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 21 October 12, 1969 YE C r ------------------------------------------------------------------------------ 2. REFER BACK TO CITY MANAGER PROPOSED RESOLUTION FOR EXECUTION OF PURCHASE CONTRACT - for acquisition of property at 8600 East Dixie Highway for development of affordable housing. Mayor Suarez: We'll take up item 31. Mr. Odio: I don't know who pulled this one. Mr. Plummer: Who pulled 317 Mr. Odio: I don't know. Mayor Suarez: It was pulled by a gentlemen. Yes, sir. Mr. George Onet: Mr. Mayor and members of the Commission, my name is George Onet and I am here on behalf of Geco, Inc. Mayor Suarez: Pull the mike closer to you. Mr. Onet: It's item 31. We had entered into an agreement with the Assistant City Manager in your department to sell them some property that we began `R negotiating about two and a half years go with the City when they approached us regarding the low income, moderate income housing properties. The prices that we agreed on was $45,000 less than an MIA, and $77,000 less than the tax !!!� assessment. The only reason I'm here, and I'll state this very succinctly, this past April we agreed it paid to have some demolition done to some of the old housings on the property. That amounted to $18,655, and in the demolishing of these houses, the contractors ripped up all the asphalt and did not take away the debris. We were then requested by the City to take away the debris, so we did that on our own and we paid $5,100 to have this property cleared. We would like your consideration to consider giving us some of these monies back in addition to the low price that we offered the City the property. Mayor Suarez: Can anyone explain what this means? I mean, presumably we're here to approve a friendly taking, or purchase without condemnation, or in lieu of condemnation of this man's property. If he hasn't agreed to the price, I guess there is nothing for us to do. What is... Mr. Odio: We agreed to the price and I think we should not give him another dollar. Mayor Suarez: Where is 8600 East Dixie Highway? Mr. Onet: Right off of Biscayne Boulevard and 87th. Mayor Suarez: And this is a project handled by a housing conservation agency, or... Mr. Odio: Yes, sir and it is 21 single family homes we're going to develop. Mr. Plummer: Did we ask that the houses or the property be demolished? Mr. Odio: I'd like to withdraw this item, Mr. Mayor. I prefer to withdraw it and I'll meet with the gentleman. Mr. Onet: Well, Mr. Mayor... Mr. Odio: If he wants to change the price that is here, I'd like... Mr. Onet: No, we are not trying to change the price, we're... Mr. Odio: I'd like to withdraw the item. Mayor Suarez: We would not be in a position to add anything or to give you any kind of a bonus for demolition or any of the other things you're talking about, unless the Manager was going to recommend it, because none of us... 22 October 12, 1989 0 Mr. Onet: OK, that's what I was inquiring about, whether we could make this kind of request and whether you can do it, and I agree with the Manager, we did accept a price, and I just wanted to find out whether we could get any of this reimbursed because we went to this added $23,000 in expense. Mayor Suarez: But you know, we have a saying around here about momentum, and if you got a price accepted by the Manager, and you want this Commission to change that and make it more favorable to you somehow, that is a very dangerous thing. The Commission might turn around and decide that it doesn't want to go through with this project at all and now we are, you know, having been asked to get into the details of it, that we are a little doubtful on it, so it is always dangerous to do that. Mr. Onet: Well, that's why I had accepted the offer and... Mr. Plummer: Let's send it back to the Manager. Mayor Suarez: He wants to withdraw the item anyhow, so I'm not sure if that would be good or bad for you, but I would like... Mr. Onet: We are willing to accept the City's offer and I had my say. Mayor Suarez: As you walked off the mike, now you are willing to accept it, huh? Mr. Plummer: Send it back to the Manager. Mayor Suarez: I need to get briefed on this in any event, for myself. I am wondering why we are building single family units in that area. Mr. Dawkins: J.L. recommended sending it back? Mayor Suarez: Yes. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded that we send it back to the Manager and defer action on it. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 89-913 A MOTION REFERRING BACK TO THE CITY MANAGER CONSENT AGENDA 31 (PROPOSED EXECUTION OF PURCHASE CONTRACT CONCERNING PROPERTY LOCATED AT 8600 EAST DIXIE HIGHWAY FOR DEVELOPMENT OF LOW/MODERATE INCOME HOUSING) FOR FURTHER CONSIDERATION OF THE ITEM. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Is anybody from Housing here? Jeff, would you meet with one of my staff people and brief us on this item, please? 23 October 12, 1989 3. (A) DISCUSS AND DEFER PROPOSED RESOLUTION ACCEPTING PROPOSAL OF SUNBANK/MIAMI, NA - to provide banking services to the City - Direct Manager to request both Sun Bank and Barnett Bank to resubmit all information on record to the Selection Committee - Request itemized list of community involvement. (B) EXTEND EXISTING CONTRACT WITH SOUTHEAST BANK for banking services to the City until final award of contract is made. Mayor Suarez: OK, item 14, is that yours? OK, I am abstaining and I believe the Vice Mayor is too. Commissioner Dawkins, do you want to... Mr. Dawkins: Let that senior citizen have it over there. Mr. Carlos Arbolella: My name is Carlos Arbolella, 1941 SW 20th... Mr. Plummer: Wait a minute, for the record, Mayor Suarez and Vice Mayor De Yurre have abstained and reclused themselves from voting and have left the room. Let the record so reflect. Mr. Arbolella, for the record, if you will, state your name, mailing address and who you represent. Mr. Arbolella: My name is Carlos Arbolella, 1941 SW 23rd Street. I'm vice- chairman of the Barnett Bank of South Florida, 701 Brickell Avenue. Members of the City Commission, I would like to read a letter that I have sent to the City Manager for the record and from the letter I will present my case to you. Barnett Bank of South Florida submitted a proposal for banking services on September 25, 1989 to the City in response to a request for proposals dated September 8, 1989 issued by Gary M. Houck, Assistant Director of Finance. We have received the results of the proposals received by the City and find that we are the lowest bidders among the three banking institutions submitting proposals. In addition, Barnett Bank's community reinvestment activities have excelled and are at least equal to all of the other banks. Furthermore, minorities are represented in Barnett Bank from the highest position and the undersigned, as vice chairman, all through the ranks of bank executives and senior management and other level offices to clerical positions to a tune of 51 percent. Of that 51 percent, for clarification, 12 percent are black, 42 percent are women. Consider all the above, we at Barnett Bank are confused as to the basis on which the recommendation is being placed before the Commission, recommending another bank, who is not the lowest bidder, nor surpasses us in community involvement and/or minority representation. I would appreciate and respectfully request your consideration in reevaluating this matter before the voting procedures take place. For the record, Barnett Bank continues to be interested in serving the City in its banking needs. It is my understanding, gentlemen, lady, that only three of the representatives of the Commission were in attendance out of the five appointed by this Commission. Our bid, at the time of the bidding was the lowest bid. Subsequent to the bid, there was an error in the computation. A letter was sent to the City with an additional reduction in price, so it makes it even higher at the lowest bid. We did not do that for any purposes except that there was an error. However, even with that, that error, we were still the lowest bidder and we are perplexed with a situation as to how can another bank be recommended when we are the lowest bidder in this situation? Mr. Plummer: Let's find out. Mr. Manager? Mr. Odio: The City Commission selected a panel. The panel voted, based not only on the dollar, but they weighed the minority involvement of banks and I will let the Selection Committee say why they selected Sun Bank. The difference... Mr. Plummer: Who was on that panel? Mr. Odio: Mr. Gary, Mr. Manny Alonso Puig and I forgot the other name. Mr. Carlos Garcia: Mr. Julius Jackson and there were two other appointments that couldn't make it to the meeting. Mr. Odio: They are here now and the difference in dollars were $2,500, I believe, in the finance part, but then they had other weights that they used. 24 October 12, 1989 1] t Mr. Plummer: Go ahead, anything you want to put on the record, Mr. Garcia? Mr. Garcia: Well, as the Manager said, we had a Selection Committee that they gave a 60 percent weight to the cost, to the pricing of the proposal, but there was another 40 percent related to minority participation, participation in City sponsored programs and also related to the Community Reinvestment Act and the votes, evidentially we had two votes going for Sun Bank as bank number one and one vote for Barnett Bank, so the choice of the Selection Committee was Sun Bank as number one and Barnett as number two and Southeast Bank as number three. Mr. Plummer: Is Sun Bank represented here this morning? You're here? OK. Mr. Arbolella, you've heard the response. Do you wish to have any response to the response? Mr. Arbolella: Yes, sir, I would like to publicly be compared as to the Community Reinvestment Act, I would like to be publicly compared, if the Commission so wishes, to the minority representation. I would like to be compared in any way that this committee would like to be compared if you think we should take the time at this point. If not, I would like it to go back to the committee, sir, and revisit it with the five members present. Mr. Plummer: Does Sun Bank wish to say anything? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dawkins: You have to go to the mike, sir. Mr. Plummer: Go to the microphone. For the record, state your name, your mailing address and who you represent. Mr. Tom Heinzmann My name is Tom Heinzmann, I live 355 North Shore Drive, Miami Beach. I work for Sun Bank. In our proposal, we outlined certain things we do along the lines of the Community Reinvestment Act. We included a copy of our Affirmative Action program we believe we are the most committed bank in the South Florida area and we'd be glad to subject ourselves to what he is recommending. _ Mr. Plummer: Let me ask of Mr. Garcia, Mr. Garcia, I don't think anybody sitting here doesn't know of what Barnett Bank has done. It is not what they want to do, or what they can, it's what they have done. What record has Sun Bank got of what they have done in the area of minority loans, in particular, as you know, and sir, for your edification, it's a very sore subject here at this Commission, that most banks in this town have red -lined and absolutely blackballed any high risk loans. This bank has done it and we know it because we've been to the dedications. What has Sun Bank done? What is their track record to this date? Not what they want to do, what have they done? Mr. Garcia: Commissioner, I was not part of the Selection Committee, you know, I don't have an answer. We have two members here. Mr. Plummer: Then ask that crazy former manager what... Mr. Howard Gary: Mr. Mayor and Commission, first of all... Mr. Plummer: Excuse me, for the record, Mrs. Range has a question. How long has Barnett Bank held this particular contract? Who has held it in the past? Mr. Garcia: Southeast was holding it. Mr. Plummer: Southeast is holding it presently, OK. Thanks, and one other question for the record. How many banks applied to be considered? Mr. Garcia: Three banks, Southeast, Sun Bank and Barnett. Mr. Plummer: How much money is involved in the normal run of the contract? Mr. Garcia: We are talking about all of the checking accounts of the City, they have a tremendous volume, but it's mainly... on a daily basis, we try to keep about a million and a half in compensating balances with the banks. 25 October 12, 1989 t A Mr. Plummer: OK, and I'm assuming that they are charging us a fee, is that correct? Mr. Garcia: Yes, they charge us for the actual services provided. Mr. Plummer: And are we drawing interest on that money? Mr. Garcia: Yes we are because the compensating balance, there is interest on that compensating balance that is used to pay for those services. Mr. Plummer: Does that outweigh the service charges that we are paying? Mr. Garcia: It may at certain points, but then we get credit if there is more interest earning on the compensating balances than the actual charges are, so we adjust the compensating balance to make sure there is just enough monies there to pay for the services. Mr. Plummer: Go ahead, Mr. Gary. Mr. Gary: My name is Howard Gary and I was one member appointed by Commissioner... Mr. Plummer: Do you have a house where you live, or an address that you call home when Tony lets you? Mr. Gary: Yes, 1605 NW 8th Terrace, Miami, 33125, (305)-642-9309. I was appointed by Commissioner Plummer to be on the Selection Committee. I'd like to state for the record that there were three banks that applied, Sun Bank, Barnett, Southeast. I have no loans with any of the banks. Secondly, when we proceeded, there was a time constraint. We wanted to be fair, we took time out of our schedules, nonpaid, we reviewed every document at the Finance Department. Mr. Plummer: Thank you for the commercial, now address the question. Mr. Gary: I'm going to address the question. Mr. Plummer: The question is, what has Sun Bank done in a track record to this date? Mr. Gary: I'm going to address the question this way. First of all, in my estimation, not only reviewing the documents, but knowing Miami, none of the banks in Dade County are doing a good job as it relates particularly to the black community. I want that to be up front. Mr. Dawkins: Did that answer your question? Mr. Plummer: It answers my question to a certain extent, but it doesn't answer my question. Mr. Dawkins: OK. Mr. Gary: Secondly... Mr. Plummer: We're measuring actually three banks, OK, so that's what my question was. Mr. Gary: If I might continue. This was an RFQ, which was not based strictly on low price. The difference between Sun Banks' proposal and Barnett's proposal, as I recall, is about $2,500, a very insignificant amount. The difference between the three was really not that significant, so we begin to evaluate, based upon the proposals that was submitted, our knowledge of the banks and we made a decision and that decision after that review was that Sun Bank was ranked number one, Barnett number two and Southeast a distant third. Mr. Plummer: What was in the proposal of Sun Bank that you felt was significantly different in the minority participation than the other two? Mr. Gary: I think the Sun Bank's commitment to minority businesses, in my estimation was the significant criteria which was the cutting edge between Sun Bank and Barnett. If you look at the numbers you'll see that Sun Bank and Barnett were almost neck and neck without... with really Southeast being a distant third. 26 October 12, 1909 Mr. Plummer: All right, then I'll ask the representative of Sun Bank to tell me, since Mr. Gary didn't, sir, for the record, your name, address and who you represent. Mr. Julius Jackson: Julius Jackson, address 1671 NW 195 Street, Miami, 33169. I was appointed to the committee, as well as Mr. Gary and basically the knowledge of the community I have, I think allowed me to make a fairly objective assessment of the proposals. I know Barnett Bank has done a lot in the community, not nearly enough, but they have done a lot. Sun Bank has done a lot in the community, I won't say nearly enough, I think they, from my perspective, done a great job in terms of giving black entrepreneurs and opportunity to do things that maybe they wouldn't have been able to do if they had not been there as a lending institution. Beyond that, there was specific criteria laid out in the RFQ as to how the proposals would be ranked and Mr. Gary gave the information on the amount for the budget, I want to go to two other points. One is that there was a requirement for hours of operation that would allow the City to take maximum advantage of getting its funds into a bank and be credited that same day for the amounts deposited and that the Sun Bank proposal, as I recall, gave the City a longer period of the day within which it could get credit for that money, if you are talking about $1,000,000, $1,500,000 a day, that's quite a substantial sum over a period of time. On the other hand, there was the minority participation, there was an Affirmative Action plan. I think and I do have very good notes, if I can get those from the staff people from the Selection Committee's review, but I'm sure I recall that there was a very comprehensive Affirmative Action plan that was designated or that was delineated by Sun Bank which really, from my perspective, indicated not only a lip service to it, but an actual method in place by which there could be affirmative action taking place. The other thing was that there was an opportunity for community reinvestment act points, and from my objective, I believe, assessment, Sun Bank out -pointed the other two institutions, so I would very much request that if there was a desire on the part of the Commission to reverse the decision of the panel that was selected that at least whoever else is given the opportunity to do this, that they at least be given the criteria up front. I'm sure that we used the criteria that was given to us to make our decision and therefore concur with the recommendation of the City Manager in that Sun Bank be awarded the contract. Mr. Plummer: After all that conversation, I'd like for somebody to answer my question. Tell me what has Sun Bank done in the past? Mr. Heinzmann Let me quote you some things that were in our proposal, just a couple of things real quickly. Sun Bank is one of six banks participating in underwriting of low cost housing, $4,000,000 to date. Mr. Plummer: Wait a minute. Where? Mr. Heinzmann: I do not have the exact amount... Mr. Plummer: Was it in the City of Miami? Mr. Heinzmann: It's in Dade County. Mr. Plummer: A hal Go to talk to Dade County, now. Tell me, go ahead. Mr. Heinzmann: There's another... Mr. Plummer: Unless you can tell me that that $4,000,000 was in the City of Miami. Go ahead. Mr. Heinzmann: I cannot tell you that; I do not know. There is another housing program, where they are trying to come up with a $10,000,000 mortgage pool and we committed $1,000,000 of that. Mr. Plummer: Where? Mr. Heinzmann: Also Dade County. Mr. Plummer: See, you know, tell me what you've done... I represent the people of the City of Miami. 27 October 12, 1989 Mr. Heinzmann: This specifically... Mr. Plummer: Dade County is downtown. Mr. Heinzmann: This is specifically designed for low income borrowers. Mr. Plummer: That's fine and it's a great program and I'm sure the County will appreciate that. Tell me what you've done for the people I represent. I represent the City of Miami. What have you done in the City of Miami? Mr. Heinzmann: I'd have to go back and break out these numbers and find out what falls in the City of Miami. I do not know. Mr. Plummer: Well, I'll tell you what, this matter, as far as I'm concerned, is going to be deferred at best. Mr. Arbolella: Mr. Plummer, may I please make a statement? Mr. Plummer: No, wait, I'm... Mr. Gary. Mr. Gary: As a committee person... hold it for a second. Let me, one of the things that we brought to the table in terms of this evaluation is the fact that we live in Miami, we've been here for long time, we know the experiences. Let me tell you some of the things that he doesn't appear to be prepared to tell about what they've done in Miami. When we did Bayside, we had a fifty percent goal for minority entrepreneurs at Bayside. When we started the process, most of the banks sat on their hands and didn't want to do anything to assure that we got minorities and particular black entrepreneurs at Bayside. The f irst bank that came up and stood up was Sun Bank. The other banks, we had to go the Chamber of Commerce and badger them to support minorities and particularly black businesses at Bayside. This bank stood up every time. I was involved in the process from day one until the end. Secondly, and that's major commitment, we're not talking about car loans, we are not talking about mortgages on houses. We are talking about significant investment in businesses. This bank stood up. When it came to a major purchase of a City of Miami business, Long's Office Supply, which is purchased by Al Dotson in the City of Miami, in a depressed area, Sun Bank stood up. Those are some of the things that we consider in terms of community reinvestment in our community as it relates to business, not car loans, not house mortgages, but investing in business, economic development and job creation. Those are some of the things they've done. Mr. Plummer: Mr. Arbolella. Mr. Arbolella: Yes, I would just like to for the record state some of the Barnett things and I respect my colleagues' and the panels' statements. Barnett Bank Community Reinvestment Act program has been evaluated by the Office of the Controller of the Currency and found to be the best program in the Southeast United States currently being used as a model for the southern region on the Community Reinvestment Act procedures. We have received the Urban League's corporate recognition award, the highest award they give for participation within the black community and support of black entrepreneurs. We have received the Minority Purchasing Council's top recognition award as the outstanding corporation of the year for our involvement with minorities in purchasing in the purchasing area. We worked very directly with Mr. Bailey at Overtown/Park West, being one of the leaders, and I'm just rattling off some. We too were involved in Bayside, having a very large percentage of the loans outstanding right now and I'm just rattling off a few. The Barnett Bank is not only a car loan bank, but it is a home. We have actually made studies by zip codes of all of the depressed areas... j Mr. Plummer: Mr. Arbolella, I appreciate the commercial. I would assume at this particular point, Mr. Manager, I'd like to send it back to you and I'd like to have from Sun Bank what they've done up to this point for the City of Miami. I've heard about Bayside, OK, and I want to make sure that you have a list of what they've done in the City in the past and that this minority program that they're proposing to implement in the future, if they are the successful bidder, is going to be the City of Miami, not the County, I'm grateful for what you do in the County, because I live in the County too, but you are not talking about County funds, you are talking about City funds and I want to know what you are going to do for my City people, that to me is important, so, my colleagues, at this particular point, what is your pleasure? 28 October 12, 1989 3 Mr. Odio: Before you defer... Mr. Plummer: Yes, sir. Mr. Odio: ... you would have to extend the contract with Southeast Bank. Mr. Plummer: God forbid. Mr. Odio: You'd have to because we wouldn't have any bank accounts. Mr. Plummer: Well... Mr. Odio: We need the bank accounts, so if we do not award it to the Sun Bank as recommended by the Selection Committee, then I would need to extend the contract with Southeast Bank. Mrs. Range: And what would that be... Mr. Odio: It would have to be until you decide, 30 days at least. Mr. Plummer: We can take the money out and put it in Miller's campaign. That's a good investment. All right... Mrs. Range: Now you say you would have to extend the contract with Southeast Bank on a day to day... Mr. Odio: No, it would have to be on a 30-day basis, because we won't have this back until the next Commission meeting of November 16th. Mrs. Range: And at that time would other banks be able to come in? Mr. Odio: No. Mr. Plummer: No. Mrs. Range: It would still be between these three. Mr. Odio: It will still be, as far as I have seen the Selection Committee recommendation. It would be the same recommendation we have today. Mrs. Range: Well, if it's going to be the same recommendation we have today, then I really don't see the advisability... Mr. Plummer: Well, Mrs. Range... Mrs. Range: ... of going back for an additional study if we already know it's going to be the same recommendation. Mr. Plummer: Let me make it practical for you. I'm not voting for it, which means there is only two votes at best that could get so, it is going to go back to them. Mr. Dawkins: Yes, but if you don't vote for it and it fails, it still passed, it would go back, but if you recommend it and don't pass, it still has got to go back. Mr. Plummer: Well, that's what I am saying is, that I think it is important to us to know what they have done and what they are going to do in the City. I think that is very important and he's not prepared to speak to it this morning, I want to give him that opportunity to come back and bring me a list saying hey, here's what we did and... Mr. Dawkins: Herb Bailey, where's Herb Bailey? Mrs. Range: Are you saying sir, that this vote has to be unanimous with those of us who are present? Mr. Plummer: Yes, Ma'am. Mrs. Range: I see. 29 October 12, 1989 Mr. Plummer: Three votes has to be present, and for the record, even though the City Attorney says I have no conflict, I do have monies both corporate and personally in the Sun Bank. Mr. Dawkins: A lot of itl Mr. Plummer: Sun Bank doesn't tell me that, but, you know, take it back for what it's worth. I get interest on one of your accounts and your service charge is more than the interest that I draw. Mr. Bailey, somebody was asking for you. Mr. Dawkins: No, I'm waiting until after the vote. I want to talk to Herb after the vote. Mr. Heinzmann: Tom Heinzmann, I'd like to say one more thing. I'm not as well versed on this proposal as I ought to be, this was not done by me, this is done by some of my people and the bank president and there is a listing in here, partial things that we have done for the City. The committee obviously has a pretty good knowledge of what Sun Bank has done and I think they represent the spirit of what you want. If you like, I can show you... Mr. Plummer: We're going to find out. Mr. Heinzmann: If you like, I can show you this partial list... Mr. Dawkins: I move that it be sent back to the Manager, although I think I agree with Mrs. Range that this recommendation is going to be the same, going back to the same people, but if that's the will of the Commission, I will move that it be sent back to them and... Mrs. Range: Just before I offer a second, I want to be clear, I asked a question, I'm not sure that I understood exactly what you said. There are three of us present. Are you saying that the vote, the vote has to reflect three yeas or three nays, is that what you are saying? Mr. Plummer: That's correct. Mrs. Range: It is not the majority of those of us who are present. Mr. Plummer: No. Mr. Dawkins: No Ma'am, it couldn't... Mrs. Range: Then under those circumstances, I'll second the motion because we have nothing. Mr. Plummer: Motion understood, call the roll. Mr. Fernandez: This is a motion to defer that item. Mr. Plummer: That is correct. And the explicit purpose of the deferment, OK, that Sun Bank will surrender to the Manager, not to the Manager to re -go back and re -analyze, but they will surrender to the Manager a list of things that they have done in the City of Miami and as it relates to the future, their minority program that is in the City of Miami. Mrs. Range: Just one other thing, Mr. Mayor. Mr. Dawkins: And when you bring that back, Mr. Manager, bring it back with all three banks. Mr. Plummer: That's fine. Mr. Dawkins: Bring me a chart laying out what all three banks have or have not done. Mrs. Range: I would further ask that this item or is it possible for this item to be brought back on the 26th? It will be at next meeting? Mr. Odio: Yes. Mr. Plummer: I have no problem with that. 30 October 12, 1909 Mr. i i j Mrs. Range: Very definitely. All right. Mr. Plummer: You think you could supply the information that quickly? Mrs. Range: I think we should make that a condition. Mr. Dawkins: All right, I'll accept that amendment. Mrs. Range: That it be brought back on the 26th. Mr. Dawkins: I'll accept that amendment, Mrs. Range. Mr. Plummer: You have a burning thought that you have to put on the record. Mr. Jackson: Yes, just to make myself clear. Again, Julius Jackson, 1671 NW 195th Street. I would certainly appreciate if the Commission would want us to change the criteria, that the Commission let us know... Mr. Plummer: For the record, a very simple request, and the only reason that I am voting for the deferment, OK? Mr. Jackson: Well, the reason I thought maybe you wanted to change the criteria, if the given the criteria that I would imagine you voted on, that we made the decision based on. We thought that that was what you wanted. It was not limited to the Community Reinvestment Act or minority participation. That was one of the items. If in fact, the items such as the time within which you will be allowed to make deposits is no longer a factor, I'm saying clarify those things for us. Mr. Plummer: That's a given. I can tell you a lot what a man is going to do in the future by what he has done in the past. Mr. Arbolella: Mr. Plummer, may I sir? Just as the gentleman has insisted on the time, Barnett Bank responded to the times the City put out on their bid. Just let me clarify that, please sir, one second... for the times on their bid. Mr. Dawkins: You got momentum. I would suggest you leave it alone, you got momentum. OK, call the roll please. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 89-914 A MOTION DEFERRING CONSIDERATION OF ACCEPTANCE OF A PROPOSAL FROM SUN BANK/MIAMI, N.A. FOR THE PROVISION OF BANKING SERVICES; FURTHER DIRECTING THE CITY MANAGER TO ASK REPRESENTATIVES OF SUN BANK/MIAMI, BARNETT BANK AND SOUTHEAST BANK TO SURRENDER TO THE CITY MANAGER, IN WRITING, AN ITEMIZATION OF ALL THE THINGS THEY HAVE DONE IN AND FOR THE CITY OF MIAMI AS IT RELATES TO THE COMMUNITY REINVESTMENT ACT AND THEIR MINORITY PARTICIPATION PROGRAM; AND FURTHER DIRECTING THE MANAGER TO BRING THIS ISSUE BACK AT THE MEETING OF OCTOBER 26TH FOR FURTHER CONSIDERATION BY THE COMMISSION. Upon being seconded by Commissioner Range, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller J. Dawkins NOES: None. ABSENT: None. ABSTAINEED: Vice Mayor Victor De Yurre Mayor Xavier L. Suarez 31 October 12, 1989 Mr. Dawkins: Mr. Manager, through you to Mr. Bailey. Mr. Bailey ... no, we're finished with this. Mr. Arbolella: Thank you very much. Mr. Plummer: Oh, wait a minute, there needs to be a motion extending the Southeast contract for 30 days. You move it? Mr. Dawkins: So moved. Ms. Range: Second. Mr. Dawkins: I move that we extend the Southeast contract as long as it takes... Mr. Plummer: Until this matter is completed. Mr. Dawkins: ... if that's 30 days, 60 days, 90 days, 120 days, whatever. Mr. Plummer: Is that fine? Mr. Odio: Yes. Mr. Plummer: Call the roll. Mrs. Range: And in addition to that, it is to be on the agenda for the 26th for further discussion. Mr. Plummer: That's fine, no hopefully for awarding. Mrs. Range: Yes. Mr. Plummer: Call the roll on that issue. Mr. Dawkins: Call him back. Come back, please, come back. Southeast come I; back too. I' !? The following motion was introduced by Commissioner Dawkins, who moved i} its adoption: MOTION NO. 89-915 A MOTION TO EXTEND THE PRESENTLY ONGOING CITY CONTRACT WITH SOUTHEAST BANK FOR PROVISION OF BANKING SERVICES UNTIL THE CITY COMMISSION DETERMINES WHICH BANK IS TO BE AWARDED THE CONTRACT FOR BANKING SERVICES FOR THE CITY OF MIAMI. Upon being seconded by Commissioner Range, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller J. Dawkins NOES: None. ABSENT: Vice Mayor Victor De Yurre Mayor Xavier L. Suarez Mr. Plummer: I'm assuming that we call the Mayor and Vice Mayor back? Mr. Dawkins: Yes, all of them, everybody else. Mr. Bailey. Mr. Herb Bailey: Yes. Mr. Dawkins: You and I, the same as Howard Gary said, we've been sitting here, I have for eight years, and as Mr. Gary said, I am not happy with the bank's participation in minority involvement. Just for the record, I would like for you to just briefly tell me the problems we encountered in Overtown/Park West, the problems we still encountered when we built the houses 32 October 12, 1969 e e over there on 58th Street and the problems that we still encounter with these banks in the City of Miami when it comes to financing what we call affordable housing. Will you briefly go though that, sir? Mr. Bailey: Briefly, Commissioner, we have for the past two or three years tried to get a relationship and understanding with all of the major banks in the City and I would just like to say before I get to the bottom line of your question that we have had fairly decent relationships with two banks, Barnett and Sun Bank. I don't know what has gone on this morning because I just came in late, but the overriding problem that we have is to get some real positive involvement in these inner/city areas. We get invited to meetings and we are permitted to explain what we are trying to do, but by the time we get though some participation, especially with developers, it sort of gets bogged in the technical side and they begin to apply criteria that does not consider the plight of the inner/city, so we have not in most cases been able to get all of the major banks to become actively involved in financing or investing or providing mortgages. Mr. Dawkins: Well now wait now, but you said two, so if you are saying we got two, the only two we got is two. Don't tell me nothing about all of them. Mr. Bailey: But the only two I have had experience with, I can't speak for others, but the only positive experience I've had has been with Barnett and Sun Bank. Mr. Dawkins: And the rest of the banks just refuse to even meet us, right? Mr. Bailey: Well, at one time they were all part of a coalition, but so far... Mr. Plummer: Conspiracy is the word. Mr. Bailey: Yes, they were part of a coalition and they thought at one time to come together as a unified force to share the risk, but for the actual project by project activity, we've only had two banks, that's Sun Bank and Barnett. Mr. Dawkins: Well, when you say now, actually share the risk, what does that mean? Mr. Bailey: Well, at one time, we were trying to get arbitraged $65,000,000 float for the Southeast Overtown/Park West project and we had all of the major banks, seven of them really, as a part of that coalition. It was spearheaded by, at the time, chairman of the board for Barnett Bank... Mr. Arbolella: Thank you, Mr. Bailey. Mr. Bailey: ... Who was that? He must work for Barnett! - at that time to bring all the other banks together. However, but at the last minute, when it got down to the final signing on the dotted line, we got into technical problems and it never happened. Well, one thing resulted from that, they did come together as a coalition for homes in South Florida and it began a shared risk pool for mortgages for real estate, so in all fairness there has been some movement, more than what I experienced when I first came here in 1982. Mr. Dawkins: And it is about two banks. Mr. Bailey: Two of the banks that have been at the front, that's been Sun and Barnett. Mrs. Range: May I add something, Mr. Mayor? No, not Mr. Mayor, Mr. Vice Mayor, because we are still on this. In view of the fact we are all agreed that Barnett Bank and Sun Bank have apparently made greater contributions to the innercity or to the low income projects and other banks in the City I don't know whether this is feasible or possible, but could there be a compromise, you say $1,500,000 goes through the bank each day, is that correct? Is that correct, approximately that? What would be the complications or the problems of giving a division of funds, half to the one and half to the other? - $1,500,000 per day is not chicken change. Is that possible, or would the banks be agreeable? 33 October 12, 1989 Mr. Garcia: Well, we have four bank accounts, there are three checking accounts and another one which we call the depository account where all the deposits of the City go through. We could split up the accounts. It creates some problems internally. It is much better to have just a single bank with all four accounts, but it is possible. Mrs. Range: But it might be, even though it might create some problems internally, I'm sure those problems will not be forever and I think it might be very well as a signal to other banks who are doing little or nothing to realize that those banks who do adhere to the policies of the City by helping out the inner/city would get a message that perhaps they should be a little { more lenient with their funds and with their decisions. Mr. Dawkins: It's been deferred to the next meeting. Mr. Plummer: The matter has been... Mrs. Range: Well, it has been deferred, but it's a matter... Mr. Plummer: No, no, no, the matter has been deferred, the Mayor is back in the room and the Vice Mayor, it would be inappropriate for further discussion relating to the item, so we will se you on the 16th. Mr. Plummer: 26th, I'm sorry. Mrs. Range: 26th. Mr. Plummer: Yes. ------------------------------------------------------------------------------ 4. DESIGNATE INTEREST EARNINGS FROM THE 1976 GENERAL OBLIGATION HOUSING BOND FUNDS - to reimburse the City for property at 2400 N.W. 14 Street (Fern Isle Nursery Site) - to develop affordable housing. ------------------------------------------------------------------------------ Mayor Suarez: OK. Do we have any other items left from the Consent Agenda? Item 26, that Commissioner Dawkins wanted to handle separately. I think you wanted to vote against it. I think you said you wanted to vote separately because you wanted to vote against it. Item CA-26. Mr. Plummer: Mr. Mayor, so that my colleague has the opportunity to vote against it, I'll move it. Mayor Suarez: Why don't you act as Chairman, Miller, I'll second. Mr. Vice Mayor, do you want to call the roll on that? Item 26 has been moved by Commissioner Plummer, seconded by myself. Mr. De Yurre: Any further discussion? Call the roll, please. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 89-916 A MOTION DESIGNATING THE INTEREST EARNINGS FROM THE 1976 GENERAL OBLIGATION HOUSING BOND FUNDS TO REIMBURSE THE CITY'S GENERAL FUND FOR PART OF A PARCEL OF PROPERTY LOCATED AT 2400 N.W. 14 STREET, MIAMI, FLORIDA, ALSO KNOWN AS THE FERN ISLE NURSERY SITE, WHICH CONTAINS APPROXIMATELY 342,552 SQUARE FEET OF WHICH 257,612 SQUARE FEET ARE TO BE USED TO DEVELOP AFFORDABLE HOUSING FOR LOW AND MODERATE INCOME FAMILIES AND INDIVIDUALS; FURTHER AUTHORIZING THE CITY MANAGER TO TRANSFER THE ABOVE MENTIONED FUNDS FROM THE AFFORDABLE RENTAL HOUSING LAND ACQUISITION PROGRAM, PROJECT NO. 3210224, INDEX CODE 579101, FOR REIMBURSEMENT TO THE GENERAL FUND. Upon being seconded by Mayor Suarez, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSENT: None. ------------------------------------------------------- NOTE FOR THE RECORD: At this point, Agenda item 2 was withdrawn. ------------------------------------------------------- 4 5. GRANT REQUEST FROM MIAMI COALITION FOR CARE TO THE HOMELESS for police and other City services at Bicentennial Park for a rally. Mr. Dawkins: Mr. Mayor, I got two pocket items. Mayor Suarez: Commissioner Dawkins has an emergency. Mr. Dawkins: The homeless people. Mr. Odic: Oh yes. Mayor Suarez: What do we need to do so that they can hold their rally, or whatever it is that Commissioner Dawkins, are you more familiar with it? Mr. Dawkins: No, I'm not, sir. Mr. Odic: I had a call last night from Congressman Dante Fascell that they wanted to have a sleep -in in Bicentennial Park. Mr. Dawkins: No, no sleep -ins, no sleep -ins. Mr. Odic: That's what they were told. Mr. Dawkins: No, sir, no, no. Ms. Christine Hiltner: No, we want to have a rally. We have been told that we can do a sleep -out outside of the park, on private property or on the ' sidewalk by the Mayor's office. We will not sleep in the park. 35 October 12, 1989 Mayor Suarez: Yes, on private property, absolutely, with the consent of the owner. Mr. Odio: Well, we've got plenty of them sleeping there now, so... Mr. Dawkins: Beg pardon? Mr. Odio: We have a lot of them sleeping there now, anyway, so... Mayor Suarez: OK, but you want use of the park for a rally that will vacate the park by 11:00 p.m. Ms. Hiltner: That's correct. Mayor Suarez: And of course, we have no problem with that. Mr. Odio: No, sir, we have no problem except if they need police protection at any other... Mr. Dawkins: What they need police... Mayor Suarez: Well, Mr. Manager, if we don't let them use the park, they are probably going to go ahead and do it anyhow, in which case they'll have no police protection and we won't be able to keep any sort of semblance of order, so... Mr. Odio: I have no problem with them using the park if you don't. Mr. Plummer: Well, I got a problem, why the front door of the City? Why not some other park? Mr. Dawkins: Well, I can't say nothing because I got in trouble with that once before. I got in trouble with an AIDS center so I'm going to leave the room. I was talking about AIDS and I got in trouble. Ms. Hiltner: May I answer that? Mayor Suarez: Yes, Ma'am, go ahead. Ms. Hiltner: My name is Christine Hiltner, I am the executive director of the Miami Coalition for Care to the Homeless. The reason we want to have this rally at this time is that we, a number of us, in combination with other people in the community took part in the national demonstration for housing now in Washington last weekend and it was a big success. Senator Graham told us that it had really made a difference and they wanted to come home and keep this spirit alive and let the people know... Mr. Plummer: Ma'am, I have no problem with that... Ms. Hiltner: The reason we want it to happen in a Miami Park is so that the... Mr. Plummer: I have no problem with that, but why Bicentennial Park? Ms. Hiltner: Oh, well we tried for Bayfront Park and it wasn't available. Mr. Plummer: No, no. We have two front doors in this City, all right? You know, there are other parks... Mr. Dawkins: Yes, but you can't get the homeless people, J.L., from downtown to the other parks. Mr. Plummer: But I would like to and that's what I guess I am really trying to say that the Bicentennial Park and I don't know if any of you have been there recently, but I want to tell you, it is an absolute disgrace right now, and I'm saying is, that I think what we ought to try to do is to encourage the use of some other park rather than Bicentennial. Mayor Suarez: Why don't you explain what the actual rally will consist of? I think there is a misunderstanding. One of the things for example, we could highlight is very beneficial to Miami is the efforts that we have made to build affordable housing throughout the City. 36 October 12, 1989 A it Ms. Hiltner: Exactly, what I am hearing here... Mayor Suarez: Yes, I mean, would you please, it is not... we are not creating _ a homeless situation by having a rally. We are calling attention to the need to provide affordable housing and low cost housing and public housing for all citizens and I think most of the people participating may not even be homeless. Hopefully, they won't be. Ms. Hiltner: Yes, there will be homeless people, but there are going to be a lot of advocates there also, that want to help. We have people in the City that are ready to raise funds, the realtors are ready, some young professionals from Miami and if they know that Miami is giving them some moral support it will be a real shot in the arm. Mayor Suarez: Mr. Manager, what is the cost for the police? Mr. Odio: If they pay it's $344. Mayor Suarez: I'll take care of $344. Do we have any other issues? Mr. Dawkins: Move it. Mr. Odio: $500 from expenses for the... Mayor Suarez: I'll take care of that too. We have a motion, do we have a second? Mr. Plummer: I have another question. Mr. Manager, will you find out for me who in the Police Department said that trespassing in Bicentennial Park is not a police matter, it is a zoning matter? Would you find out who that super intelligent individual is for me? It's in the paper, The Miami... you know, that morning tabloid. Fine, go ahead. Mayor Suarez: OK, is that the financial needs and if that is the recommendation of the City Manager. Commissioner Dawkins. Mr. Dawkins: I move it. Mrs. Range: Second. Mayor Suarez: Commissioner Range. Mr. Plummer: Let the record reflect that by no action of this Commission is that to be considered the park of the homeless people in the future. Mr. Dawkins: Also J.L., I was going to say after the vote, but I will say it now, the next rally that you hold for the homeless should be held somewhere in the County and let's spread it around and then the next one, perhaps the next one should be on Key Biscayne and perhaps the next one in Coral Gables, let's spread it around. Mayor Suarez: You know, it is an important point, because we've got a $270,000,000 budget, just to give you an illustration, the County has a 1.8 billion dollar budget and we'd like to see their resources applied as we try to apply ours. Mr. Plummer: Let's also for the record state very clearly that all welfare is under Dade County. Ms. Hiltner: We know. Mayor Suarez: And they have the social services. We somehow manage to end up getting involved in it. We have a motion and a second. Any further discussion? If not, please call the roll. 37 October 12, 1989 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 89-917 A RESOLUTION ALLOWING THE USE OF BICENTENNIAL PARK FOR A RALLY TO BE HELD ON OCTOBER 14, 1989 IN SUPPORT OF THE NATIONWIDE HOMELESS PROBLEM; PROVIDING FOR AN EXTENSION OF PARK HOURS UNTIL 11:00 P.M. AND FOR THE PAYMENT OF CERTAIN EXPENSES IN CONNECTION THEREWITH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Range, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. i 1 ABSENT: None. 6. ANNUL REVOCABLE PERMIT PREVIOUSLY GRANTED TO MUNICIPAL TRUST FUND CORPORATION ("MUNICIPIOS") - for use of Fern Isle Nursery Site - Approve use of alternate site at N.W. 22 Avenue and 11 Street, with provisos. Mr. Dawkins: I have one more. Mayor Suarez: Yes, Commissioner Dawkins. Mr. Dawkins: Now, at the last meeting we had a discussion here in that, Mr. Manager, I'm going to need you to help me here. At the last meeting, we had a discussion about the Los Municipios, who we gave some property to and nobody told us that it had already been promised. So I'd like to bring it up as a pocket item that we approve another site, because they already have the money and what have you and that we revoke the permit for the Fern Isle site and discuss an alternate site at NW 22nd Avenue and llth Street, which is a land fill. I want to know if that's agreeable to the Manager and if so, I'll try to get my... Mr. Odio: Yes, it is, I... Mr. Plummer: For who? Mr. Odio: For Municipios. Municipios, right? Mr. Dawkins: Yes. Mr. Odio: Yes, I would agree to that if you... Mr. Dawkins: See, J.L., last time we were here and they came in with the money and they were ready to go... Mr. Plummer: No, excuse me, just let's make the record clear. They have got the funding promised, They have not got the additional $600,000. Mr. Dawkins: They got $430,000 from the State of Florida. Mr. Odio: That is correct. Mr. Plummer; Yes, but they are short because it is a million dollar project. They are short some $600,000, which they hope to raise and probably will in a fair, but I think what we need to do... 38 October 12, 1909' Mayor Suarez: They have to have more than 50 percent of the funding needed. They are well on their way. Mr. Plummer: ... and hey, I'm fine, llth Street and 22nd Avenue, I have no problem with, except we've got to put an expiration date. Mr. Odio: Well no, wait, I have a question, a legal question as I was asking him just now, is that if we are going to give them the land, we have to do something different than if we give them a revokable permit like we did the Southwest Social Agency. Mayor Suarez: No, revocable permit is what they are assuming, yes. Mr. Plummer: Of course. Mr. Odio: So if we give them a revocable... it is cancelled when? Mayor Suarez: Always a revocable permit. Mr. Plummer: Of course. Mr. Dawkins: Yes, revoke one on the one and institute it on the next one. Mr. Plummer: If not, it would have to go out as surplus property for bidding. Mr. Odio: That is correct. Mr. Fernandez: Correct. Mr. Plummer: But look, what I'm saying is, it can't go on infinitum. Mr. Dawkins: One year, J.L. Mr. Plummer: Give them one year and that's it. Mr. Odio: You mean to build. Mr. Plummer: One year to take out and build. Mr. Odio: Fine. Mr. Dawkins: No, one year to come in, show me the money. One year to come in and show me the money. Mr. Plummer: And we're not going to tie up the property from now until doom's day. Mr. Odio: I understand. Mr. Plummer: That's the mistake we've made in a couple of cases. Mr. Dawkins: Yes, they come in and show me they got the money within a year. Mayor Suarez: OK, is that in the form of a motion? — Mr. Plummer: Well, excuse me, it's more than just coming in and show us the money. I think we'd also like to see what is envisioned in the project and _ what's going to be done and all of that. Mayor Suarez: They're quite advanced in that and if anybody hasn't seen them, they ought to go around to each of the Commissioners, because they've got some beautiful plans. They've spent $100,000 in plans and designs already. Mr. Plummer: I have no problem. Mayor Suarez: OK, we have a motion and a second? Do we have a second, Commissioner Range? Mr. Plummer: For the record, Mr. Mayor. That now has freed up the front part of the Fern Isle property so there is no longer a conflict. Mayor Suarez: Assuming that this can go through and that the Manager is able to get back with an actual workable plan, because there is going to be a lot of details to be worked out, I presume. Mr. Dawkins: And that frees ups the... Mayor Suarez: Yes. Mr. Plummer= And then the policy of this Commission is then still standing that the front part will be a park for the people. Mayor Suarez: Open space, park space for the residents. Mr. Dawkins: That is why we are doing this thing to open up the land for the park. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 89-918 A MOTION TO REVOKE A REVOCABLE PERMIT PREVIOUSLY GRANTED TO MUNICIPAL TRUST FUND CORPORATION ("MUNICIPIOS") FOR USE OF PROPERTY (LOCATED AT 1400 N.W. 14 STREET) KNOWN AS THE "FERN ISLE NURSERY SITE;" FURTHER GRANTING APPROVAL FOR THEIR USE OF AN ALTERNATE SITE (LOCATED AT N.W. 22 AVENUE AND 11TH STREET) FOR A PERIOD OF ONE YEAR, IN ORDER TO DEMONSTRATE THEY HAVE SECURED THE NECESSARY FUNDING; FURTHER REQUESTING MUNICIPIOS TO SHOW WHAT IS ENVISIONED IN THE PROJECT INCLUDING PLANS, ETC. Upon being seconded by Commissioner Range, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor De Yurre ------------------------------------------------------------------------------ 7. DIRECT ADMINISTRATION TO SUBMIT A COMPLETE REPORT (INCLUDING EXTERNAL AUDIT) ON CIRCUMSTANCES SURROUNDING FINANCIAL COLLAPSE OF THE FIREFIGHTERS HEALTH TRUST - Direct Administration to honor all unpaid claims. ------------------------------------------------------------------------------ Mayor Suarez: Commissioner, did you have an item that you... Mrs. Range: Yes, I have one item. During our last Commission meeting we discussed at some length the plight of the black firemen in the City. No resolutions were passed at that time and I would like to follow up on one or two items wherein questions were not satisfactorily answered as a result of this. I have a resolution which I'd like to put to this Commission at this time and it states: (AT THIS POINT COMMISSIONER RANGE READS RESOLUTION INTO THE PUBLIC RECORD. SEE R-89-919 HEREINBELOW) I offer you this, Mr. Mayor, in the form of a motion. Mayor Suarez: So :coved. f 91 Mr. Dawkins: I second under discussion. Mayor Suarez: Second. Commissioner Dawkins. Mr. Dawkins: OK, under discussion, Mr. City Attorney. Mr. Fernandez: Yes, sir. Mr. Dawkins: I am not anti, I am strictly pro, but I need to know what the legal of this is. Is this legal? Mr. Fernandez: Yes, it is. Mr. Dawkins: And it can... you can defend this in court? Mr. Fernandez: Yes. Mr. Dawkins: OK, I didn't ask you to win now, I said, defend this. Mr. Fernandez: Sure. Mr. Dawkins: OK. Mr. Plummer: OK, what would the court action be? Mr. Dawkins: I don't know what they'll do, OK? I don't know what they'll do, I am just... I need to know from my edification. I don't know what they'll do. Mayor Suarez: Do we have an economic... should we not, Commissioner Range, include that we ought to get an economic impact report from the Manager on this? I mean, it is not an implication that the monies are allocated at this point if in fact X amount of economic damage or impact was had on firefighters. Mrs. Range: I have no objection to whatever you'd like to add to it, but I repeat that this question was not satisfactorily answered in the last meeting and as a result I would like to see an external audit so we know what has happened. Mayor Suarez: Great, great and I was confronted with the same problem when they came to see me and explained that a lot of them had lost benefits and I don't know exactly what the impact was but we negotiated with the collective bargaining units, which is the firefighters to give them $650,000, I think it was, as part of that package and... Mr. Odio: More. Mr. Plummer: It was nine. Mayor Suarez: I thought it was $650,000. Mr. Plummer: And that was for every firefighter. Mayor Suarez: And we thought we were dealing on every firefighter, if we excluded anybody because of their not being part of the unit, then we've got a real problem, because they are employees of the City, they've been contributing to it. Mr. Odio: They are all covered. It was only the question of four days, between the time that we took over. Mayor Suarez: Well, give us an audit on what impact it has had on any individuals, whether it is four days or four hours. Mr. Odio: Four days. Mayor Suarez: Nobody should be impacted negatively. I think that's the �. thrust of the Commissioner's motion. Mr. Dawkins: That's right. 41 October 12, 1909 Mrs. Range: All right, so that does not expedite the idea of having an external audit, does it? Mayor Suarez: Yes. Mrs. Range: Why? Mayor Suarez: It doesn't expedite it, it should expedite it and get it back to us very quickly. I mean, you want external as opposed to internal audit, is that your idea? Mr. Plummer: It will expedite. Mrs. Range: Yes, yes, we want an external audit on it. Mr. Dawkins: I second the motion. Mrs. Range: I don't know, but whatever it costs, it's worth it. Mr. Dawkins: Nothing, we already got and external auditor, there is, sitting right out there. Mayor Suarez: Yes, he's out there and he's just dying to get into this and give us back a report as part of this contract so... Mr. Dawkins: Him and his company, I mean he and the firm that's with him. Mayor Suarez: That's right. Mr. Dawkins: That's what we are paying him for, external audits. Mayor Suarez: Deloitte-Haskins. Mr. Plummer: Well, let me ask this question for the record. Mr. Manager, I'm assuming that you did an audit on the fire collapse of the total health trust, so all you've got to do is just hand it to Mrs. Range. Mayor Suarez: No, no, she wanted to know the impact on individual firefighters who were not part of the union. Mr. Odio: Well, let me explain. When we took over the... Mr. Plummer: No, no, wait a minute, now. Let's read the resolution. A resolution including an external audit on the circumstances leading up to the financial collapse of the firefighter's health trust. I'm assuming that the Manager's already done that. Mr. Odio: The Wyatt Company did an audit before we committed to any funds to that... Mr. Plummer: Of course, how in the hell could they pay it if they didn't have an audit to know how much they got to pay? So give Mrs. Range a copy of it. Mayor Suarez: If that audit is available, then she'd want to read it, I'm sure, but besides that, I think the Commission is concerned about the impact that it had on people who were not members of the union because they'd been excluded, right? Mrs. Range: Yes, and the very firefighters themselves who do not understand any more clearly than I do, what is happened to their fund? Mr. Plummer: That's correct. Mrs. Range: That's the firefighters themselves, you know? They are not clear on what happened and I think they have a right to know. J Mr. Odio: Sure, we'll be glad to give them a copy of the external audit report that we did. We have told the black firefighters that they are covered just like any other City employee, but then we have asked them to bring in any claims that they might have had during the four days that they were not j covered so that we can... 42 October 12, 1909 Mr. Dawkins: But all we are trying to say, Mr. Manager, all I'm trying to say is, I don't want to speak for everybody else, is you tell them that, OK? Then when they come in to see you, the white firefighters say that they are a bargaining agent and they are bargaining for themselves, I mean, and that's unfair. Mr. Odio: I understand. Mr. Dawkins: See, everytime... see, you are right, if they come into you, any problem they got, you will sit down and work it out, I've seen you do that. But, when they come in for things, just like this health benefit and other things, the white union say now they are bargaining agents. Well, who the hell is going to speak for them if they don't speak for themselves, see? Mr. Odio: You are right, they have no representation. Mrs. Range: Mr. City Attorney... Mayor Suarez: OK, with that understanding. Yes, Commissioner Range. Mrs. Range: Mr. City Attorney, what is your opinion on this whole matter? Mr. Fernandez: On the narrow issue of whether the City is responsible for paying for any outstanding medical bills that were incurred during the period of time that certain firefighters or more particularly, black firefighters were not covered, I think that the City has already acknowledged and committed itself to paying for those because every City employee is entitled to be covered under a group health plan and so my legal opinion as expressed to you and to the Administration in prior occasions, is that this a obligation of the City, a legal obligation of the City to make sure that no firefighter would have any situation where his medical coverage is questioned. Mrs. Range: And sir, do you agree that an external audit of the whereabouts of all of these funds would be the proper thing to do? Mr. Fernandez: Commissioner Range, that is... I have an opinion and I would concur with you personally, but that would be in the realm of a personal opinion that's not necessarily a legal conclusion, or that's not a legal subject in which a legal opinion would correspond. Whether it is an external audit, or an internal audit, there is no legal basis to ascertain which of the two is really called for. That's a matter of your choice as a Commission to ask for one or the other. Mr. Range: So what you are saying that it is up to the Commission in its decision. Mr. Fernandez: Correct. It is very much so a matter of policy. Mrs. Range: Then I again repeat my motion. Mayor Suarez: OK. Mrs. Range: And believe it's been seconded and I think we should... Mayor Suarez: Yes, so understood. We have a motion and a second. Any discussion? If not, please call the roll. 43 October 12, 1989 The following resolution was introduced by Commissioner Range, who moved its adoption: RESOLUTION NO. 89-919 A RESOLUTION OF THE CITY COMMISSION DIRECTING THE CITY ADMINISTRATION TO PREPARE AND SUBMIT A FULL AND COMPLETE REPORT, INCLUDING AN EXTERNAL AUDIT, ON THE CIRCUMSTANCES LEADING UP TO THE FINANCIAL COLLAPSE OF THE FIREFIGHTERS HEALTH TRUST: AND FURTHER DIRECTING THE CITY ADMINISTRATION TO IMMEDIATELY HONOR ANY AND ALL UNPAID CLAIMS DUE TO THE LACK OF HEALTH INSURANCE COVERAGE CAUSED BY THE EXPULSION OF BLACK FIREFIGHTERS FROM THE FIRE UNION AND/OR THE DEPLETION OF THE FIREFIGHTERS HEALTH TRUST. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 8. EMERGENCY ORDINANCE: Amend Annual Appropriations Ordinance (10484) for fiscal year ending September 30, 1989 to formalize City Commission actions and implement additional budgetary adjustments to comply with generally accepted accounting principles. Mayor Suarez: Item 3, emergency ordinance, annual appropriations. Mr. Plummer: Move it. Mayor Suarez: Moved, the annual appropriations ordinance. Yes, we need a second. Mr. De Yurre: Second. Mayor Suarez: Seconded by the Vice Mayor. Any discussion? I not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 1,2, 4 AND 5, OF ORDINANCE NO. 10484, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1989 AS AMENDED, FOR THE PURPOSE OF FORMALIZING CITY COMMISSION ACTIONS AND IMPLEMENTING ADDITIONAL BUDGETARY ADJUSTMENTS TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, AS OUTLINED BY THE CITY'S EXTERNAL AUDITORS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner De Yurre, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: 44 October 12, 1949 11 AYESt Commissioner M. Athalie Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner De Yurre, adopted said ordinance by the following vote: AYES: Commissioner M. Athalie Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10652. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------------------------- 9. SECOND READING ORDINANCE: Amend Ordinance 10577 which established new special revenue fund: "EMS First Aid Resource Training (FY'89)" - Increase appropriated funds for its operation - Change funding sources. ------------------------------------------------------------------------------ Mayor Suarez: Item 4, second reading, ordinance EMS First Aid Resource Training, fiscal year 189. Mr. De Yurre: Move. Mayor Suarez: Moved. Mrs. Range: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10577, ADOPTED APRIL 27, 1989, WHICH ESTABLISHED A NEW SPECIAL REVENUE FUND ENTITLED: "EMS FIRST AID RESOURCE TRAINING (FY 18911, BY INCREASING APPROPRIATED FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $53,078, AND BY PROVIDING FOR CHANGES IN SOURCES OF FUNDING CONSISTING OF A $26,539 GRANT FROM THE STATE OF FLORIDA; DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, $6,970 FROM FY '88-89 GENERAL FUND; DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES, $6,364 FROM INTEREST EARNINGS ON 1981 FIRE GENERAL OBLIGATION BONDS (388002), AND $13,205 FROM INKIND MATCH OF SALARIES AND EQUIPMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 'd Passed on its first reading by title at the meeting of September 14, �3"• 1989, was taken up for its second and final reading by title and adoption. On motion of Commissioner De Yurre, seconded by Commissioner Range, the Ordinance' was thereupon given its second and final reading by title and passed and adopted by the following vote: 45 October 12, 4989'` AYES: Commissioner M. Athalie Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10653. 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. 10. DISCUSS AND DEFER (TO NOVEMBER 16TH) PROPOSED SECOND READING ORDINANCE amending Section 804, Ordinance 9332 (Cable Television License) reducing minimum number of days (passed due date of a cable TV fee) in which to send disconnect notice to subscriber - Request TCI to submit full report on its minority compliance - Direct City Attorney to render 'legal opinion on City's right to revoke franchise agreement with TCI. Mayor Suarez: Item 5, second reading. Mr. Dawkins: Item 5, defer item 5. Mayor Suarez: Move to defer item 5. Mr. De Yurre: Well, we ought to talk about this a little bit. Mayor Suarez: Is that the one you meant, or...? Mr. Dawkins: Yes, I do, but the Vice Mayor got. Mayor Suarez: OK, we have a motion to defer. Mr. Vice Mayor, do you want to address that? Or do you want to try to convince him to withdraw his motion? Mr. De Yurre: Well, I'll second it for discussion purposes. Ms. Smoller, last meeting we asked you to bring a report to us as to the functions of the cable company and how they've been performing. Do you have that report with you? Ms. Sue Smoller: Commissioner De Yurre, we met with the cable company, representatives of the cable Company on a number of occasions and indeed requested further information that would enable our Department of Internal Audits and Reviews to analyze and review the minority compliance performance of the cable company. To date we have not received that information, so have been unable to further conduct our investigation to report back to you. Mr. De Yurre: As far as minorities, my information was that a minority company and Tony, you know exactly who I am talking about, the company that was doing a lot of the installation work, my information is they have been shut out, practically zero work for a few months and there is still work being done, it's been given to a company that is non -minority. Do you have anything to... have you followed up on that at all, Sue? Ms. Smoller: I have not received any further information, sir. Mr. De Yurre: OK, Tony, do you have something to say on that? Mr. Tony Bello; Yes, Commissioner, we... Tony Bello, Miami TCI, 1306 NW 7th Avenue. We have a national contract with our installation company. We have met the requirements of the minority and surpassed the requirements of the City as far as the minority expenditures with... Mr. De Yurre: Who owns that company? Is it a minority company? Mr. Bello: Our national contract? No sir. 46 October 12, 1989 i �; Mr. De Yurre: OK, what minority company owned by minority do you work with? Mr. Bello: We work with Miami Cable Connections. Mr. De Yurre: Who are the principals of that company? Mr. Bello: The president, I believe, is Manuel Gonzalez and... Mr. De Yurre: How much work have you given them in the last two months? Mr. Bello: In the last two months they have done all our construction work. Mr. De Yurre: How much is that? Mr. Bello: To date this year, they have done close to $500,000 with us. Mr. De Yurre: In the last two months. Mr. Bello: In the last two months, they have been doing our construction work which probably amounted to $100,000. Mr. De Yurre: OK, that... Mayor Suarez: Can I inquire on that for a second? Yes, what exactly did they construct in the last two months? Mr. Bello: Well, we have various construction projects that the City requires us to do, moving our cables and so forth. Mayor Suarez: Such as? We want specifics. Mr. Bello: OK, we have to transfer our lines from the Virginia Avenue and Aviation. We have done construction in all the Overtown, the buildings are going in Overtown and there is a lot of... Mayor Suarez: Are you talking about Overtown/Park West connections in Overtown/Park West? Underground connections, over ground, what? Mr. Bello: Yes, air, the arena, the underground to the tune of... Mayor Suarez: And that amounts to $1,000,000 in the last two months, you said? Mr. Bello: NO, $100,000. Mr. De Yurre: Are you telling me that the other company, the national company has done, has not done, is what you are telling me, any construction work? Mr. Bello: That is correct, the national company does no construction work for us. All that is reserved for the minority company. The information that I have is that the installers for the minority company, in fact have been hired by the national company because they are just not getting in any work. Mr. Bello: That is correct. Like I said, we have met our commitment to the minority company and we do have a national contract with the other company that we have to fulfill and that is why all the installation work has gone to the national company. Mr. Dawkins: You see... let me cut you off one minute. You see, this is where my problem is, see. We keep telling you to hire local minorities and you tell me you have a contract with the national company that means you have to do it. So that means the only way I can get rid of the national company and get some work for the local company is throw out your contract. You see, you push me against the wall. See, when you tell me that you cannot hire locale because you have contract with the national that prevents the employment of local people, then I say, fine, the only way I can get rid of them, is suspend the contract. Mr. Bello: Commissioner, we have done an extraordinary amount of connections this year, as Ms. Smoller can tell you. We have at the beginning part of the year, we connected over 7,000 new subscribers and that ate up the amount of the budget that we had set aside for the minority company. 47 October 12, 1989 Mayor Suarez: Let me inquire on this point. I really have a problem with the same issue the Commissioner is talking about. We awarded a franchise, wisely, - or unwisely, to an entity that we understood to be a local entity. Mr. Plummer: Correct. Mayor Suarez: Can this entity all of a sudden tell us that they have these national agreements in contracts with national companies that require for them to use the employees or the subcontractors or the people indicated by this national company? And can we not find that to be in contravention of what we thought we were dealing with a local company. That meant that they would have the absolute discretion to hire and to subcontract with whoever they wanted and they can't just come in and say we have a national contract of some sort and we are bound by it. That sounds to me like it might go in contravention of the award of the franchise to a local company. Mr. Plummer: Just for the record Mr. Mayor, the award of the franchise was to a local company and a national company at the time. There were two... it was joint venture of both Miami Cable and TCI. Mayor Suarez: You mean because of a later forced marriage, right. Mr. Plummer: OK, subsequent to that, TCI has bought out the interest of Miami Cable and TCI, which is a national company and based in Denver, Colorado, or they were, is now the owner, I assume 100 percent of the franchise, so I'm just making the record clear. It did not go exclusively to a local... well, none of this is exclusive. It did not go in its entirety to a local company. Mr. Dawkins: But when TCI purchased the interest of the local entity, it also purchased the promises made by the local entity. Am I right? Mr. Plummer: Oh, of course! Mr. Dawkins: OK. Mr. Bello: And we are in compliance with the 20 percent set aside for minorities and local businesses. Mr. De Yurre: Well, you have to understand that you have to space it out in such a way that you did in 20 percent in eight months and you shut them out for four months, you put them out of business. Mr. Bello: We have not put them out of business, like I said, they have been doing our construction. Mr. De Yurre: I'll tell you what I want you to do. I want you to contact the minority company that does the installations, since you haven't gotten the records from the cable company and you get their records, and you work with them and if TCI gives you their records and you can compare. Meanwhile, and I've got to talk from personal experience. My next door neighbor had problems with his cable connections. It took him a good five to seven, at least seven days for the people to go out there and service it. I've had two TV's and you've known about the two TV's I have at home, they are still broken. You know, I can't watch cable TV at home and I've called twice and I've spoken to you personally about it and to date, they still haven't fixed them. Mr. Plummer: That's what happens when you build in the boonies. Mr. De Yurre: Yes, they can't find my address. Mr. Plummer: Neither can the Police Department, so. Mr. De Yurre: That's right, that's why I wanted them to reduce my taxes, I'm not getting the service. Mr. Plummer: Then they'll find you. Mr. De Yurre: Yeah. Mrs. Range: If I may ask a question. 48 October 12, 1969 t al i Mayor Suarez: Commissioner Range. Mrs. Range: Thirty days ago when you were here and we questioned you about, specifically black employment, your record was really rather dismal. Tell me, has that improved and to what extent? Mr. Bello: Commissioner, we have displaced many of the Hispanic businesses we did business with. We have a new office supply that is black. We have a new cleaning service that is black, we are in the process of forming a sales organization that is black and we have to take it on a slow process, because at the same time we are displacing ongoing businesses that... Mrs. Range: Sir, it is very unfortunate that we would have to displace anyone, whether they are Spanish, white, or otherwise, in order to give the blacks a chance. This says to me that you did not follow the rules and regulations to begin with. This is what causes the feelings of adversity among the different ethnicities. I certainly am not in favor of displacing anyone, but I think burden falls upon your company for having allowed this condition to exist to a point that now you have to put people out of work in order to hire other people and I think you should bear that burden. Mr. Plummer: Thank you. Mr. De Yurre: Well, I'm going to ask for the following: I'm going to ask for the next Commission meeting, general meeting, to come back with a full report and based on whatever information you've got. If you got no information, then you give me that report. At least I am sure you can get it from the installers, the Cable Company that did the installation work. I also, based on your report and I'd like to see the report at least, by the 26th of October. You give a copy to our City Attorney's office and I want them, based on the information you have, whether we have the right to revoke the franchise agreement and we'll take it from there at the next general meeting. Mrs. Range: Very good, and for the past three months, I believe, since I've been here, this has been a running discussion and I would certainly agree with Vice Mayor De Yurre that unless we get a satisfactory report in the next meeting, then I feel that there should be some definite action taken to dispense with the services. Mr. Dawkins: I am happy to hear this. I have been telling TCI for the longest that they were not fair. My concern and I bring it up at the next meeting, I have four letters showing that one lady had paid her bills and had her cancelled check and she was disconnected. I have another example of a billing that they sent out and it says that this bill is due when received and four, five lines down there it says that your due date is 15 days later, so if you give me a bill saying my bill is due when I receive it, but my due date is not until the 15th, and I don't pay it by the 15th, these people have gotten disconnected and I've told them I got a serious problem. Do you know how much money they make? If they just collect people's money and hold it and disconnect them and people come out? Well, I plan to find out at the next meeting. Thank you, Mr. Mayor. Mayor Suarez: What is the action on the motion, is it still to defer? Mr. De Yurre: To defer and I'm adding the amendment to that motion all the stuff that I've been talking about. Mr. Dawkins: So be it. Mayor Suarez: So moved and seconded with those additional provisions for enforcement and possible abrogation. Mr. Plummer: Approximately how many hookups do you have in the City? Mr. Bello: Approximately 40,000 subscribers. That is 26 percent penetration when the other systems in the County enjoy 50 to 60 percent penetration. The reason the other... Mr. Dawkins: Wait, a minute, I'm a layman. What is penetration? I'm a layman. 49 October 12, 1989 0 0 Mr. Bello: The number of homes connected compared to the number of homes passed. Mr. Dawkins: The number of homes, what now? Mr. Bello: The number of homes that subscribe to the services compared to the number of homes that do not. Mr. Dawkins: And you got how much in the City? Mr. Bello: Only 26 percent. Mr. Dawkins: 26 percent? Well, you dealing in the ghetto, we ain't got that much money to buy cable TV, ain't no problem. You know, I can help you understand why the difference. Mr. Plummer: Are you saying we don't have poor people in the County? Mayor Suarez: Proportionately not, proportionately not as many. Mr. Dawkins: Proportionately not. Mayor Suarez: OK, we have a motion and a second. I guess the message is pretty clear. If there is any further discussion, if not, please call the roll. It is a motion to defer, there is no need to read anything. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 89-920 A MOTION TO DEFER TO THE MEETING OF NOVEMBER 16, 1989 CONSIDERATION OF AGENDA ITEM 5 (PROPOSED SECOND READING ORDINANCE TO REDUCE TO 30 THE MINIMUM NUMBER OF DAYS AFTER DUE DATE OF A DELINQUENT CABLE TELEVISION FEE AFTER WHICH NOTICE TO DISCONNECT CABLE SERVICE IS GIVEN TO THE SUBSCRIBER) FURTHER REQUESTING TCI TO SUBMIT TO THE CITY COMMISSION BY OCTOBER 26TH A FULL REPORT CONCERNING ITS MINORITY PARTICIPATION INITIATIVE AS WELL AS SPECIFIC INFORMATION ON THEIR CABLE SERVICE INSTALLERS AND SPECIFIC JOBS THEY HAVE PERFORMED, FURTHER DIRECTING THE ADMINISTRATION TO FORWARD A COPY OF BOTH REPORTS TO THE CITY ATTORNEY; AND FURTHER REQUESTING THE CITY ATTORNEY TO REVIEW THIS MATTER AND TO INFORM THE COMMISSION WHETHER IT HAS THE RIGHT TO REVOKE TCI'S CABLE TELEVISION FRANCHISE. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner M. Athalie Range COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Let the record reflect that I am in concurrence with my colleagues in reference to the facts being brought forth at the next meeting. -� I really don't see this agenda item having any bearing on that but I can ? understand what's being done. I'll vote yes with the motion, but as far as the actual agenda item, I have no objections to that. Just let the record reflect that. s Mr. Dawkins: OK, I vote yes and I do see a direct correlation between the agenda item and what we're doing and if we allow them to disconnect earlier, erroneously, they make more money. And if I can show that they have been disconnecting erroneously, then we can work it out and find a more equitable way to do it and then, if they can show me that it's necessary to disconnect earlier, then I'm for it a hundred percent. ------------------------------------------------------------------------------ 11. SECOND READING ORDINANCE: Amend Code Section 22-2 ("Garbage and Trash") - Provide regulations for the bundling/preparation/placement/collection of newspapers and salvageable materials - Establish independent educational fund for 10 scholarships yearly for children of City Solid Waste and General Services Administration Department employees. (Recycling) Mayor Suarez: OK, item six. Mr. Odio: Amending the code to provide regulations for the bundling and preparation of newspapers. This is the recycling ordinance. Mr. Plummer: Move it. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please read the ordinance. Please call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 22-2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND TRASH", BY ADDING A NEW SUBSECTION (g) PROVIDING REGULATIONS TO SAID SECTION FOR THE BUNDLING AND PREPARATION OF NEWSPAPERS AND SALVAGEABLE MATERIALS; FURTHER, AMENDING SECTION 22-13 OF CHAPTER 22 BY ADDING TO SAID SECTION A NEW SUBSECTION (d) PROVIDING FOR THE PLACE WHERE NEWSPAPER AND SALVAGEABLE MATERIALS SHALL BE PLACED FOR COLLECTION, THE TIME OF COLLECTION AND A PENALTY FOR REMOVAL BY UNAUTHORIZED PERSONS; FURTHER, AMENDING TO SAID CHAPTER A NEW SECTION 22-13.1 PROVIDING FOR THE INSTITUTION AND ESTABLISHMENT OF A SEPARATE INDEPENDENT EDUCATIONAL FUND TO BE USED TO FUND TEN (10) SCHOLARSHIPS EACH YEAR TO CHILDREN OF CITY OF MIAMI SOLID WASTE GENERAL SERVICES ADMINISTRATION DEPARTMENT EMPLOYEES, AS DETERMINED BY THE CITY COMMISSION, UPON THE TERMS AND CONDITIONS CONTAINED IN SUCH SECTION; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 13, 1989, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner M. Athalie Range. 51 October 12, 1989 THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10654. 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. 12. SECOND READING ORDINANCE: Amend Code Section 4-14 ("Alcoholic Beverages - Exceptions to Distance Requirements") - Reduce time required for private clubs to have been in existence in order that certain distance requirements not be applicable. Mayor Suarez: Item seven. Mr. Plummer: Dawkins, this is your item. Mayor Suarez: Second reading. Mr. Dawkins: Which one is it? Mr. Plummer: Seven. Mr. Dawkins: Seven? Yes, move it. Mayor Suarez: Moved. Mr. Plummer: Mrs. Range is not here, I'll second it. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING CHAPTER 4, ENTITLED "ALCOHOLIC BEVERAGES," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTION 4-14, THEREOF ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS" BY REDUCING THE TIME REQUIRED FOR PRIVATE CLUBS TO HAVE BEEN IN EXISTENCE FROM TWO YEARS TO THREE MONTHS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 27, 1989, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner M. Athalie Range. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10655. 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. 52 October 12, 1989 13. SECOND READING ORDINANCE: Establish new special revenue fund: "Training Support Fund Region XIV FY'89-90" - Appropriate funds - Accept grant award from State of Florida ($14,977). ------------------------------------------------------------------------------ Mayor Suarez: Item eight. Special revenue fund training support fund region 14, fiscal year 189-90. Mr. Plummer: Move it. Mayor Suarez: Moved. Mr. Plummer: Number eight. Mayor Suarez: Second reading. Ms. Ranges I'll second that. Mayor Suarez: Unanimously approved on first reading. Seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "TRAINING SUPPORT FUND REGION XIV FY '89- 90," APPROPRIATING FUNDS FOR ITS OPERATION IN AN AMOUNT NOT TO EXCEED $14,977; AUTHORIZING THE CITY MANAGER TO ACCEPT THE $14,977 GRANT AWARD FROM THE STATE OF FLORIDA; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 14, 1989, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Range, the Ordinance was thereupon given its second and final reading by t.itla and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10656. 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. 0 r] 14. SECOND READING ORDINANCE: Amend 10484 - Establish new special revenue fund: "Community Development Block Grant Appropriation •- FY 189" - Appropriate $12,342,000 from CDBG Funds and Program Income for its operation. Mayor Suarez: Item nine, second reading... Mr. Dawkins: Move it. Mayor Suarez: ... annual appropriations ordinance, special revenue fund, Community Development block grant appropriation. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Thirteenth, fourteenth year? Mr. Jorge Fernandez: Fourteenth. Mr. Odio: Fourteenth. This is - what year are we up to? Mayor Suarez: Fourteenth year. Moved and seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTIONS 2 AND 5 OF ORDINANCE NO. 10484, ADOPTED SEPTEMBER 27, 1988, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1989, BY ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "COMMUNITY DEVELOPMENT BLOCK GRANT APPROPRIATION - FY 189"; APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF $12,342,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND PROGRAM INCOME FOR THE PURPOSE OF CARRYING OUT COMMUNITY DEVELOPMENT ACTIVITIES WITHIN THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 14, 1989, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10657. 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. 54 ©ctobar 12, 1989 ------------------------------------------------------------------------------- 15. SECOND READING ORDINANCE: Amend Code Chapters 2, 29 and 54: "Administration, Landfills and Waterfront Improvements, and Streets and Sidewalks" - Increase fees for preparation of documents, processing of plats, extending subdivision improvement time limit, checking permanent reference monuments - Create new fee categories - Create after -the -fact permit fees for waterfront improvements - Allow exceptions to the prohibition of use of streets/sidewalks for advertising/display, etc. Mayor Suarez: Item ten. Land fills, waterfront improvements, etcetera. Mr. Plummer: Move it. Mayor Suarez: Moved. Ms. Range: Second. Mayor Suarez: Seconded. Any discussion? Mr. Plummer: For discussion. Mr. Manager... Mr. Odio: Yes, sir? Mr. Plummer: Does this make it self sustaining? Mr. Odio: Yes. Mr. Plummer: Thank you, sir. Mayor Suarez: OK. Any discussion? If not, please read the ordinance. AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY. Mayor Suarez: Call the roll. Mr. Odio: Mr. Mayor, to clarify the record... Mayor Suarez: Yes, Mr. Manager. Mr. Odio: ...I misunderstood the question. This will put us at 20 percent of covering the actual, so we're not quite there. Mr. Plummer: Well, I'm telling you, for the record, the beneficiaries of most of these items are developers who are making a profit and I don't know why they should not pay what it costs the City. Why the taxpayers have to pick up the other 80 percent is beyond me. If the developers are making a profit, they should pay the City what it cost the City to do business. You know and I know they're going to pass it on. Mr. Odio: I'll be... Mr. Plummer: So, I'm telling you, that if you don't come up very quickly with an ordinance that says, "Hey, developers, whatever it cost us, we're not going to make a profit, you're going to pay it," then I got a problem. Mayor Suarez: OK, call the roll on the item. 55 October 12, 1909 "01. AN ORDINANCE - AN ORDINANCE AMENDING CHAPTERS 2, 29 AND 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED ADMINISTRATION, LANDFILLS AND WATERFRONT IMPROVEMENTS, AND STREETS AND SIDEWALKS, RESPECTIVELY; MORE PARTICULARLY BY INCREASING THE FEE FOR PREPARATION OF DOCUMENTS IN SECTION 2-98(a), CREATING A NEW FEE CATEGORY FOR DOCUMENTS ALLOWING USE OF PUBLIC RIGHT OF WAY BY ADDING A NEW SECTION 2-98(b), INCREASING THE FEES FOR PROCESSING PLATS IN SECTION 2- 99(a)1, INCREASING THE FEE FOR EXTENDING SUBDIVISION IMPROVEMENT TIME LIMIT IN SECTION 2-99(a)2, INCREASING THE FEE FOR CHECKING PERMANENT REFERENCE MONUMENTS IN SECTION 2-101(a), CREATING A NEW FEE FOR CONSTRUCTION PLAN CHECKING BY PUBLIC WORKS DEPARTMENT BY AMENDING SECTION 2-102 AND ADDING NEW SECTION 2-103; AMENDING CHAPTER 29 OF THE CODE BY ADDING TERMINOLOGY FOR CLARIFICATION PURPOSES TO SECTION 29-43, BY ESTABLISHING TWO CATEGORIES OF PERMIT REQUIREMENTS FOR WATERFRONT IMPROVEMENTS BASED ON CONSTRUCTION COST IN SECTION 29-44, BY ESTABLISHING TWO CATEGORIES OF PERMIT FEES AND CREATING AFTER THE FACT PERMIT FEES FOR WATERFRONT IMPROVEMENTS IN SECTION 29-46; AMENDING CHAPTER 54 OF THE CODE BY ADDING A SPECIAL EVENTS/FESTIVAL CATEGORY AND ESTABLISHING FEES FOR OBSTRUCTING STREET OR SIDEWALK IN SECTION 54-3, BY ALLOWING EXCEPTIONS TO THE PROHIBITION OF USE OF STREETS AND SIDEWALKS FOR ADVERTISING AND DISPLAY AND ESTABLISHING PERMIT REQUIREMENT AND PROCESSING FEE FOR SAID EXCEPTIONS IN SECTION 54-8, BY INCREASING FEES THROUGHOUT SECTION 54-27, AND BY ADDING NEW FEE CATEGORIES TO SECTION 54-27 FOR GROUNDWATER MONITORING WELLS, AFTER THE FACT PERMITS AND REINSPECTION FEES; AMENDING SECTION 54-111 OF THE CODE BY INCREASING THE ANNUAL PERMIT FEE FOR SIDEWALK CAFES; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 14, 1989, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Range, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre. ABSENT: Commissioner Miller Dawkins. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10658. 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. 56 October 12, 1989 16. FIRST READING ORDINANCE: Amend Code Sections 35-1 and 35-11 - Change definition of "bus", add definition of "public right-of-way" and "zoned residential district" - Prohibit parking of commercial vehicles, trucks, buses, trailers or semitrailers, major recreational equipment, etc. in public right-of-way in zoned residential districts. Mayor Suarez: Item 11. Mr. Joe McManus: Mr. Mayor, members of the Commission... Mayor Suarez: Joe. Mr. McManus: ...this ordinance is a proposal that started out with the concern of the Miami Roads Neighborhood Civic Association, with their... Mayor Suarez: Of the Miami Roads? Mr. McManus: Miami Roads Neighborhood Civic Association. Mr. Plummer: They're the ones that brought it to the front. Mr. McManus: Their concern was that there appeared to be no legislation to prohibit the parking of buses in residential districts. I'm sure the Commissioners has received correspondence on this. What this ordinance does, it prohibits three classes of vehicles from being parked in the residentially zoned districts of the City. Those classes of vehicles are commercial vehicles, trucks, buses, and trailers, semi -trailers. The second class is construction equipment, including earth moving equipment and cranes, except if they're actively working on construction on the abutting property. Third class of equipment is travel trailers, pickup campers, boat trailers, except for 12 hours for the purposes of loading and unloading. That's within the City's rights of way sidewalk line to sidewalk. We've worked on this with the Police Department, Public Works, with the Civic Association. Mayor Suarez: It's the kind of thing that if you didn't know it, you might assume that it was already in our code, I guess. Because it sounds like it's a way to keep commercial vehicles out of residential areas. Any problems with it, anyone? If not, I'll entertain a motion on it. Mr. McManus: I believe the neighborhood association wants to make one clarification. Mayor Suarez: Oh. Yes. Mr. Earl Wiggins: My name's Earl Wiggins, I'm president elect of the Miami Roads Neighborhood Civic Association. What we'd like to add to it is a few paragraphs like, the height shall not exceed eight feet, including ladders or other attachments to the top of the vehicle; the width shall not exceed six feet, ten inches, including mirrors; and the overall length does not exceed 18 feet, 6 inches. Open trucks shall not have load space exceeding 9 feet, 6 inches in length; dual wheels are prohibited; more than two axles are prohibited. And this, we feel after talking to a lot of the police officers, would make it a lot easier to enforce. A one ton vehicle today is very hard to identify unless you can have the papers and if the vehicles locked there and you can't get in. Mayor Suarez: These are further parameters that describe what is really not just an automobile, but something to be used for commercial purposes, I guess. Mr. Wiggins: That is - it still should be one ton. Mayor Suarez: And the staff recommends these? Mr. Wiggins: Yes. Mayor Suarez: OK. Mr. McManus: Yes, Mr. Mayor. 57 October 12, 1989 Mayor Suarez: Commissioners, any problem with it? Mr. McManus: Mr. Mayor, just for the record, there's a further clarification by the law department to delete reference to the ordinance 9500 in the definition section. Ms. Range: Mr. Mayor. Mayor Suarez: Yes, Commissioner Range. Ms. Range: I have a question on this. What method is going to be used to enforce this ordinance in view of the fact it is not adhered to? We go into many areas of the City and the enforcement is so lax that I would like to know• what effort is going to be put forth to fully enforce this? You go into some areas and you'll find semi -trailer trucks unloading right from the streets. Mayor Suarez: Well, in the Roads area, I know that we're going to have to rely a lot on the residents and, in fact, in many areas of the City we're going to have to rely a lot on the residents. But it is true that we have a lot more code enforcement officers out there, do we not, Mr. Manager? What is the number you told me this morning? Mr. Sergio Rodriguez: Eighteen. Mr. Odio: We have eighteen inspectors right now working and I think we can enforce it through the new code enforcement. Ms. Range: And what kind of fines are going to be imposed to end this? Mayor Suarez: Yes, what fines does it carry? -or what enforcement mechanism does it carry? Injunction, obviously, but...? Lt. Joseph Longueira: Mr. Mayor, I'm not sure exactly what category this would fall under. We'd have to get with the traffic fines division. Mr. Plummer: But, wait a minute, is this not a code enforcement situation? Mayor Suarez: Isn't it already covered by...? Mr. Plummer: It doesn't seem like to me it's a police matter or a court matter, it's a matter of code enforcement. Why would the Police Department - my God, leave the Police Department alone and let them fight crimel It's not a police problem. It's a zoning problem. Ms. Range: But who fines the... Ms. McManus: Commissioner... Mr. Plummer: The code enforcement, they can fine up to $250 a day. Am I correct? Mr. McManus: Commissioner, the thought here was that the police ordinarily enforce the City's violations against vehicles in the City streets and code enforcement doesn't... Mayor Suarez: Well, this may be a case where that definition is not particularly helpful. This may be a case where we'd like to have other code enforcement officials other than police. As he's saying, even though it has to do with vehicles, but they're not vehicles that are moving, for one thing, they're vehicles that are stationery. Ms. Range: All right, but this is what I want to know. In some areas, take in my area, there are some men who drive semi -trailer trucks and when they're in a for overnight, they bring their truck and park it in front of their residence. The streets are, you know, certainly not more than 50 feet wide and... Mayor Suarez: Yes, that's already against the City code, I believe. Mr. McManus: Yes. 3 58 October 12, 1989 �3 Ms. Range: But it happens. The only thing I want to know is... Mayor Suarez: Oh, an enforcement, OK. Ms. Range: ...that somebody is not going to be surprised when they have been unwittingly doing this over the years, then somebody comes up and fines what? -$250 fine for code enforcement? Mr. Plummer: Up to. Up to. Ms. Range: Up to $250 fine stuck on their truck the next morning, I think something needs to be done to... Mayor Suarez: Provide a warning, is that what you...? Ms. Range: ...yes, to provide a warning and then to begin enforcing it in all l areas. One of the reasons we have so many problems with code enforcement is that some of the areas are completely overlooked in code enforcement. Consequently, people pay little or not attention to it. The only thing I'm i saying, I think it is not quite fair to put such an ordinance on the books and _ then choose specific areas to go and make an extra buck by doing this. Mr. Plummer: Well, set an implementation date of January 1st. Let them put warnings out until then. Mr. McManus: Commission Range, it's my understanding that there is a Dade County ordinance that prohibited parking of trucks in excess of 1 ton in residential areas and that the Police Department generally had been relying on that in terms of enforcement up until a period probably about a year and a t half or two years ago. When the Police Department evidently decided they could no longer enforce the County's ordinance within the City so that created this kind of vacuum. But it's my understanding that up until a period of approximately a year and a half ago, that was being enforced generally Citywide. Mayor Suarez: Yes, Joe, and that's precisely her point. I mean, if we've had this hiatus or this period of time in which it hasn't been particularly well enforced and then you'd want to give people a warning and maybe Commissioner s,- Plummer's idea of making it effective January 1, particularly if we could get _ some kind of notice out there to people or some way of letting them be made aware of the fact of this ordinance going into place with teeth to it. Mr. De Yurre: Mr. Mayor. ai Mayor Suarez: I mean, we know in the Roads who's going to take care of letting them all know, but... a' a, Mr. De Yurre: The problem is, is not so much implementing the law, I think it's a problem of providing an alternative because if I don't have a place to put the truck, I'm going to keep parking in the front of my home. I think that if we're going to take this step of enforcement which we do need because we like to have our streets in the proper order, and fashion, then I think 'i that we have to find some alternative of some land that we may have throughout the City that we can make available for overnight parking of these vehicles and these individuals can take their own personal cars and drive to the lot and pick up their semis or whatever and then drop them off at night. We need to have something that we can work with... ; Mr. Plummer: Any commercial area. 1 ;s Mr. De Yurre: ...because if not, at least on a temporary basis, so that we can implement this. If not, you know, I just can't - knowing that Miami's a blue collar City, it's not Coral Gables - that, you know, we need to take that into consideration and until I have something that will satisfy me as looking out for that concern, I cannot vote for this item. Mr. Plummer: Well, let me just state on the record. I have no problem with 1 the item. I think there's a lot of commercial areas where these vehicles can, in fact, be parked but if you're telling me that this is going to be enforced by the Police Department, I'm going to vote against it. It is a zoning matter, it is not a police matter and, damn it, put the policemen out fighting crime. Everytime you tie up a policeman in court, he is less time on the a M 59 October 12, 1989 I street where he is needed. Now, this is not a police matter. We have 18 code inspectors, let them bring it before the code enforcement board but I'm going to be totally opposed if you're telling me that you're going to use my Police Department for enforcing this law. I just can't agree with it. Mr. Rodriguez: The only thing I would like explain to you, Commissioner Plummer, on the thinking behind this. Most of these violations are at night where we don't have zoning inspectors working and the police... Mr. Plummer: Well then, change it. You got 18, put on two of them on at night. Let your sanitation inspectors report it. Mr. Dawkins: Or, J.L., why not - we got public safety aides, why don't we put the public safety aides out there at night? Mr. Plummer: Because they are out, hopefully, relieving the policemen by doing reports to, in fact, let the policeman go do police work. Mr. Odio: Let me offer this by you. This is first reading. By the second reading, we'll bring you back a plan... Mr. Plummer: That's fine. Some solution of enforcement. Ms. Range: All right and in bringing it back, excuse me, are you through? Mr. Rodriguez: Yes, we would have to go back to first reading because the amendments that we're contemplating before you are telling us are fairly substantial, in my opinion. Because we're going to have to amend another section of the code. But I would like to hear some instructions from you and I think I'm hearing some as to what you want to do. But I want to make you aware of the reasoning behind it, you know, why we were going with this other section. Maybe we can work out something by which we might have inspectors at certain hours after regular working hours. Mr. Plummer: Well, you told me that you have two inspectors now that work on weekends, is that correct? Mr. Rodriguez: We have inspectors working on weekend, right. Mr. Plummer: They're not doing much of a job but they're there. Mr. Rodriguez: Well, they're doing... Mr. Plummer: You know, so what you need to do is get two inspectors who will work from five until midnight, three days a week, four days a week, two nights a week. You know, I mean, it doesn't necessarily have to be a nine to five job. Just... Ms. Range: And for this overnight parking of these large trailer trucks that come in and spend the night and go out, Commissioner De Yurre mentioned certain areas that might be designated for this. I think it's necessary that you look for some of these areas that can be designated for this and post signs there that this is for trailer parking. I think, off the top of my head, when the expressways were first brought into Miami, we had an idea of making under expressway parks because the land was not otherwise utilized. It worked for a while. They are no longer being - the under expressway parks are no longer being utilized and this might be one of the areas that you might look to see if it is feasible that they can be designated as parking areas for the trucks that's over one ton or whatever the limitations are. Mr. Rodriguez: And we will bring that back to you. We will check with the Law Department to see what liabilities we might be incurring if we were to do so, to allow certain areas of the City to be used by people to park their trucks overnight. I don't know exactly what we are getting into, but we'll bring it back to you with those considerations in mind. Mr. De Yurre: The idea would be that if you're going to give a courtesy notice of somebody they have to remove their vehicle, that you can give them an alternative to where they can park it. Listen, you can park it at these locations. Ms. Range: Yes, that's right. 60 October 12, 1989 0 Mr. De Yurre: And that's simple. that there exists an alternative. And that they're made aware of the fact Mayor Suarez: It's a well meaning effort, but it won't work. They won't take advantage of what... they would like, some of them, probably to drive all the way to their homes and they've known it's illegal over the years. Occasionally they do it, it's not really quite as done as much as some people would like to make you believe but... Mr. De Yurre: Look, the same thing happened, you know, one... Mr. Plummer: That's why you're ex. Mayor Suarez: ...the companies have to provide the place for them to park, if not, anyhow, it's worth a try if you want to try it. Jesus, did you want to address this? Mr. Jesus Roiz: Mr. Mayor, Commissioners, my name is Jesus Roiz, I live at 358 S.W. 22nd Road. There is one thing that I would like to say. I would like to thank the administration and the staff for this effort that they have put out on this project. We had never seen so much cooperation and effort to try to serve us. Mayor Suarez: I hope you let WQBA know that, they were asking me yesterday about these issues and, as we told them, you know, if people bring to our attention some of these problems, we try to resolve them, but we can't do everything instantaneously and we certainly can't, you know, solve problems that we're not even aware of and let them know that you have all the cooperation of staff and the Commission. Mr. Roiz: Yes, I'll be happy to do that. There are three items that's what I would like to mention. One of them is that there is a safety issue on this. It's not only the ugliness of the vehicles, they also obstruct the view of traffic so there is also a safety issue. That's why the police maybe has to be involved with this or maybe some not so highly qualified officers from the Police Department. But normally, the Police Department have served the streets and there is a safety issue involved. Mr. Plummer: Sir, sir. We have code enforcement inspectors that have the authority to do such, OK? And as far as safety is concerned, we're speaking to the streets and public right of way, that's all we're speaking to in this ordinance. Mr. Roiz: That's right. Mr. Plummer: I'm saying, sir, that the crime problem is not the crime of a truck. The crime problem is much greater and I need every policeman that I've got and can make available to fight crime, not parking. Mr. Roiz: That makes a lot of sense. Mr. Plummer: And all I'm saying is, it is, in fact, in my estimation, a zoning problem, it comes from the zoning department and let the code enforcement men enforce that which they have the legal authority to fine the individuals up to $250 a day which is a hell of a lot quicker than the court system and more expensive. Mayor Suarez: Not to mention the fact that having police officers involved in these kinds of situations, these kinds of infractions, does not really help police community relations. It's difficult enough to expect them to handle the... Mr. Plummer: Mr. Mayor, I have no objection, if a policeman is the one who turns into the code inspectors the problem, OK? In other words, if he's driving down the street and he sees what he thinks is a violation, he should write a memo to the code inspectors to go out and address the problem, but it's a code enforcement problem. Mr. Roiz: So, when I park improperly in Coconut Grove, the Police Department will not give me a ticket any more. 61 October 12, 1989 Mr. Plummer: Sir, we're not speaking to improper parking. Mr. Roiz: That is the angle that we're looking at, improper parking. Mayor Suarez: I would love, by the way, to see the police not involved in traffic ticketing, in parking tickets, I think that would be a great improvement in the functioning of the City and the police community relations and so on and it's actually an extension of the same argument that Commissioner Plummer is making, but I don't know that we'll be able to do anything quite that radical in the next few days. Jesus, anything else on this ordinance? You support it obviously, right? Mr. Roiz: Obviously, and I would like to see if the dimentions limitations are added to the existing... Mayor Suarez: Yes, we've built that into the motion. Mr. Roiz: Now, one thing that I want to make sure that this is not new in reference to the truck. It has been in the books always, OK, so you're not creating anything new. The only thing that is being added... Mayor Suarez: Yes, it has always been there and they've known that they're violating it. Mr. Roiz: That's right. The only thing that has been added is buses because it is unfair, actually, to look at trucks only and not buses. They are exactly the same in appearance and size. And in reference to where these vehicles could go, the City of Miami Off -Street Parking lots are usually vacant. They are expensive, they are properly landscaped that could hide any vehicles that are parked in there. They're illuminated at night, they're a nice place that we could use for this type of vehicles. Mayor Suarez: Yes, I'm sure that the Off -Street Parking Authority will be dying to work with us to make sure that those are available during nighttime. Mr. Roiz: Thank you. Mayor Suarez: Thank you, Jesus. We have a motion and a second. Have we taken a roll call on it? Have we read the ordinance, Mr.... Mr. Fernandez: No. Mayor Suarez: As amended. Mr. Plummer: Excuse me, did I not hear that it's got to go back for first reading? Mr. Fernandez: It is now first reading. Mr. Plummer: Well, excuse me, I under... Mr. McManus: We may, in concert with the Law Department, decide that it would stay at second reading at the next time, but we have to get with the Law Department to decide. Mr. Plummer: OK, but did not somebody make this statement? Mr. McManus: Yes. Mr. Plummer: OK. Mr. Odio: Sergio said he thought there might be too many changes. Mayor Suarez: It may end up resulting in another first reading, but we may as well take a first reading today. Mr. Plummer: I don't listen to Sergio very often, but that did hit home. Mr. Rodriguez: Thank you, sir. Mayor Suarez: OK, do we have a motion and a second, Madam City Clerk? Ms. Hirai: No, sir. Mayor Suarez: I'll entertain a motion and a second on it. I'll move it. Mr. Dawkins: Second. Mr. De Yurre: We have a first and a second, any further discussion? Call the roll. Mr. Fernandez: The ordinance has not been read. Mayor Suarez: Read the ordinance, please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 35-1 AND 35-11 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE DEFINITION OF "BUS", ADDING THE t DEFINITION OF "PUBLIC RIGHT-OF-WAY" AND "ZONED RESIDENTIAL DISTRICT" AND PROHIBITING PARKING OR COMMERCIAL VEHICLES, TRUCKS, BUSES, TRAILERS OR SEMITRAILERS, MAJOR RECREATIONAL EQUIPMENT AND SIMILAR VEHICLES IN THE PUBLIC RIGHT-OF-WAY IN ZONED RESIDENTIAL DISTRICTS; CONTAINING A REPEALER t PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Was introduced by Mayor Suarez and seconded by Commissioner Dawkins and was passed on its first reading by title by -the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: I'm voting yes with the reservation as what happens on the second reading. Mr. De Yurre: I'm going to vote no again for the same reason that J. L. is doing, with reservations to change my vote on the second reading. I want to see at least some interim spaces made available as we go through this transition period. 17. FIRST READING ORDINANCE: Amend 10202 - Increase appropriation to special revenue fund ("Handicapped Division Fund Raising Program") by $35,000. ------------------------------------------------------------------------------ Mayor Suarez: Item twelve. First reading ordinance amending... Mr. Dawkins: Move it. Mayor Suarez: Moved. Handicapped division fund raising program. Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? If not, read the ordinance. Call the roll. 63 October 12, 1909 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. ! 10202, ADOPTED JANUARY 8, 1986, BY INCREASING THE I APPROPRIATION TO THE SPECIAL REVENUE FUND ENTITLED "HANDICAPPED DIVISION FUND RAISING PROGRAM" BY THE AMOUNT OF $35,000 COMPOSED OF MONIES GENERATED THROUGH -j FUND RAISING EFFORTS OF THE CITY OF MIAMI'S HANDICAPPED DIVISION AND PRIVATE DONATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissioner Plummer and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 18. FIRST READING ORDINANCE: Establish new special revenue fund ("Historic Preservation: Bungalows of Little Havana, FY'89-90') - Appropriate funds, consisting of grant from the Florida Department of State and in - kind services from FY 189-90 CDBG: Citywide Historic Preservation. Mayor Suarez: Item thirteen. Mr. De Yurre: Move thirteen. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. ordinance. Call the roll. AN ORDINANCE ENTITLED - Any discussion? If not, please read the AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "HISTORIC PRESERVATION: BUNGALOWS OF LITTLE HAVANA, FY '89-90" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $9,000, CONSISTING OF A $4,500 GRANT FROM THE STATE OF FLORIDA; DEPARTMENT. OF STATE; AND $4,500 IN IN -KIND SERVICES FROM FISCAL YEAR 1989-90 COMMUNITY DEVELOPMENT BLOCK GRANT: CITYWIDE HISTORIC PRESERVATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner De Yurre and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 64 October 12, 1989 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. - ------------------------------------------------------------------------------ 19. FIRST READING ORDINANCE: Create new special revenue fund ("Recreation i Programs for the Mentally Retarded - FY 19011) - Appropriate funds - Authorize Manager to accept grant award and enter into necessary contract/agreement. }----------------------------------- ------------------------------------------ Mr. De Yurre: Move fourteen. Mr. Dawkins: Second. Mayor Suarez: Fourteen has been moved, seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE CREATING A NEW SPECIAL REVENUE FUND ENTITLED: "RECREATION PROGRAMS FOR THE MENTALLY ' RETARDED - FY '90" AND APPROPRIATING FUNDS FOR ITS ? OPERATION IN THE TOTAL AMOUNT OF $351,056 CONSISTING OF A $256,056 GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS), $45,000 FROM FISCAL YEAR 1990 SPECIAL PROGRAMS AND ACCOUNTS, MATCHING FUNDS FOR GRANTS, AND $50,000 IN CARRY-OVER FUND BALANCE FROM THE FY 189 REVENUE FUND OF THE SAME NAME; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO ENTER INTO THE NECESSARY - CONTRACT(S) AND/OR AGREEMENT(S) TO ACCEPT THE GRANT j AND IMPLEMENT THE PROGRAM, SUBJECT TO APPLICABLE CITY CODE PROVISIONS; CONTAINING A REPEALER PROVISION AND A I SEVERABILITY CLAUSE. Was introduced by Commissioner De Yurre and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez is NOES: None. ABSENT: None. I The City Attorney read the ordinance into the public record and f announced that copies were available to the members of the City Commission and to the public. i i 65 October 12, 1989 20. ALLOCATE EXISTING $82,000 BALANCE REMAINING IN THE FESTIVAL FUND TO EIGHT FESTIVAL GROUPS, TO THE BAYFRONT PARK MANAGEMENT TRUST AND TO FAMU - Qualify as a one-time allocation. ------------------------------------------------------------------------------ Mayor Suarez: Item fifteen. Mr. De Yurre: Moved. Mayor Suarez: Department of Community Development, resolution allocating $200,000, the festivals. Mr. Plummer: Let me ask in reference of the staff, seeing as how I now support - excuse me - I now am a member of the Bayfront Park Trust. They're having their second anniversary, are there any funds allocated for that celebration which is a City function? Mr. Frank Castaneda: Commissioners, at this time there are no funds allocated. They are requesting $25,000, there's an $82,000 balance in this resolution, and I believe that there are a number of groups here that are requesting part of that money. Mr. Plummer: Well, you know, I guess what I'm saying, Mr. Mayor, is charity starts at home. Bayfront Park is a part of this City whether we like it or we don't, and I don't think this City would like to see the second anniversary of that park not be provided with adequate funds. So, I'm going to have to make a motion somewhere along the line that the City allocate the $25,000 if, Mr. Mayor, that's in order, I'll do it now. I think it's only appropriate. Mayor Suarez: How much is left over of the $200,000, Frank? Mr. Castaneda: Eighty-two thousand dollars and eighty... Mr. Plummer: Eighty-two. Mayor Suarez: And how many requests do we have? -just... Mr. Plummer: Four thousand eight hundred and seventy-three. Mayor Suarez: ...out of curiosity and amounting to what total? Mr. Castaneda: Ten, ten requests. Mayor Suarez: And what are they amount to, in total? Ms. Range: A hundred and sixty thousand. Mayor Suarez: A hundred and sixty-five, Commissioner? Ms. Range: I had this checked and apparently the requests exceed $160,000. Mr. Castaneda: Right. Mr. Plummer: Well, since... not the trust. You can't do that to the City. You can't let the trust down. Mr. De Yurre: Can't let them down? Mr. Plummer: No. Because then it's going to be... Mayor Suarez: I'm being told that there were other people that were here that also were going to be looking to participate in the funding and did not know that we would actually vote on this. So I'm cautioning the Commission that maybe we ought to implement some kind of advisory mechanism to allocate the rest of the monies rather than just vote on them today because a lot of people may not know that this was the day. Mr. Plummer: Is my motion in order? 66 October 12, 1989 t Mr. De Yurre: Well, let me make a substitute motion. Mr. Plummer: 1 haven't even made the motion. Mr. De Yurre: You haven't? Mr. Plummer: No. Mr. De Yurre: Then I'll make a regular motion... Mayor Suarez: Make your motion, Commissioner, and then we'll see if the substitute motion... Mr. De Yurre: The motion would be to give the trust twenty-five thousand, create a body that will accept all the requests from the different groups in the City and to allocate the balance of the money among them. You know, make a recommendation to us to so divide. N.,yor Suarez: OK, the motion would envelope your motion, in effect, and include it and reserving twenty-five thousand for our own use to perhaps have the celebration - are you deciding that in the motion or just reserving it? Mr. De Yurre: I'd give them the twenty-five and then the balance, the fifty- seven... Mr. Castaneda: Fifty-seven thousand. Ms. Range: Well, that would only leave $57,000. Mr. De Yurre: Then take that fifty seven, appoint a committee to make a recommendation. Mayor Suarez: One person per Commissioner. Would you want to build that into your motion that each one of us appoint somebody? Mr. De Yurre: That's right. Mr. Dawkins: You know... Mayor Suarez: OK, so moved. Ms. Range: Mr. Mayor, how do we go about making a substitute motion? Mr. Dawkins: You know, I'd rather.... Mayor Suarez: Well, let me see if it gets a second. Are you going to second i that motion? Mr. Plummer: Sure, of course. I Mr. Dawkins: No, I'm going to do better than that. i j Mayor Suarez: OK, we have a motion and a second. Commissioner Dawkins. I. Mr. Dawkins: OK, did we pass that one? Mayor Suarez: No, we just moved and seconded it. We haven't voted on it yet. i ? Mr. Plummer: Vote on it. i Mr. Dawkins: OK. Mayor Suarez: Do you want to discuss the motion or do you want to... Mr. Dawkins: Well, I'm - no, I'll just say what my motion is and I'm going to vote with the present motion. Florida A&M needs $20,000, so I'm going to take twenty from the eighty-two, add it to the twenty-five, that's 45, and then the committee can juggle up the rest of it. Mayor Suarez: Are you suggesting? -because if you would, I might vote with your motion if it was a substitute motion that what we ought to do is let the 1 committee decide on all eighty-two thousand and bring back recommendations to us. i 67 October 12, 1989 i Mr. Dawkins: I would think that would be the most, to me, I would think that's the best way to do it. Mayor Suarez: If you make that into a substitute motion, I'll second it. Mr. Plummer: Well, Mr. Mayor, the only problem I have with that substitute motion is, and as I plead before this Commission, that celebration of Bicentennial is an in-house sort of, kind of a concept. It's not - you know, it's not an outside. Charity starts at home and I think we've got to provide for that. Mayor Suarez: Well, we've told the outside world that we're going to set out $200,000 for festivals and it's fairly tight as it is and you're excluding 25. I understand what you're doing, I.... Mr. Dawkins: I understand what you're doing too, J.L., but I also have to remind you that when you went with the Bayfront Trust, I said it should support itself. Mr. Plummer: And we're... I want you... Mr. Dawkins: OK and... no, no, wait now, and now... last year we gave them something. Now this year we're coming back, we got to give them $25,000. What are they going to ask for next year and when will they become self- supporting? Mr. Plummer: Well, let me tell you that in the two meetings that I have attended, I think that they wish to God Rosario Kennedy had not lost the election because I have driven that point home again and again. We have already, just for your example, we have already found a way of bringing in now an additional $10,000 for use of revenue, new revenue, to that committee. Ms. Range: I see. Mr. Plummer: I am having a very difficult time to say to the artistic part of that committee, that there's got to be a practical aspect. But I want you to know, on behalf of this Commission, and I, for one, am driving that home that this thing has got to get self-sustaining. Mr. Dawkins: This year. Mr. Plummer: It will not be this year, but we're working on it. Ms. Range: I have a second substitute motion. Mr. Dawkins: Third... go ahead, darling. Ms. Range: Yes, let's go right ahead. I understand that there are exactly ten organizations who are seeking to share in this $82,000. With all due - I respect for the Bayfront Park, which Commissioner Plummer has asked to have allocated $25,000, and Commissioner Dawkins is asking for twenty -thousand for FAMU. I really think the only fair way to do would be to divide this $82,000 { by allocating ten percent for each of the requests. And I'd offer that as a motion. Mayor Suarez: So moved. Mr. Plummer: Well, let me go back to ground one, Mayor Suarez: How about if I.... Ms. Range: Wait, is my motion going to die for lack of a second or what? Mayor Suarez: Yes, how about if we check to see if we get a second on this, J.L., so we can at least keep our procedure reasonably straight here. Mr. Dawkins: Second. Mayor Suarez: Seconded. So that's a substitute motion and that's the one on the floor now. OK, Commissioner Plummer. 68 October 12, 1989 { Mr. Plummer: Is this the policy, Mr. Manager, that was established by the Commission in which there would be five organizations funded annually, reduced by 20 percent every year and a new organ... one new organization would be - or' two new organizations would be added? Mr. Odio: It was not limited to five. It was limited to the amount of dollars you gave out. Mr. Plummer: OK, but each year, that would be reduced. Now, my question is... Mr. Odio: That would be reduced by 20 percent. Mr. Plummer: All right. Mr. Odio: But it was not other... Mr. Plummer: All right, my question then comes, Frank, if we reduce last year's allocation by 20 percent, that is $40,000. Mr. Castaneda: That's correct. Mr. Plummer: How -do you come up with a surplus of eighty-two? Mr. Castaneda: Oh, let me explain. Mr. Plummer: Please. Mr. Castaneda: The reason that we do have that surplus is because the Kiwanis Club of Little Havana have done a regular thing that they do not want an allocation for next year. Mr. Plummer: Super. Mr. Castaneda: So, that's $10,000. AsiaFest, I understand, will not occur next year and that gives you a savings of $24,400. Mr. Plummer: Super, OK, you've made your point. Here again, Mrs. Range, if you give the Bayfront Park Trust ten percent of their request would be $2,500. I would have to say to the trust that I would prefer that they not put on a festival if it is going to be not even second class, but last class. Ms. Range: That was not my intent, Mr. Mayor - Mr. Plummer, and I'd like to clarify that. Mr. Plummer: If you would, please. Ms. Range: We have $82,000 and we have ten organizations who are pursuing the $82,000, or portions of it. I certainly would not feel that we should give any organization $2,500, but I feel that the $82,000 should be divided by ten. That could give each organization $8,200. And, of course, those who have not asked for that amount, that would be... then those overages could go toward the projects which are asking for more than $8,200. Mayor Suarez: For more, right. You could always split those among the ones that - yes, split that among... Mr. Plummer: Well, let me just only in response, we established this policy to try to avoid just what we're confronted with today. That was the reason we established this policy, and the problem that we're getting back into now, if we defer, which it looks like we probably will, there will not be ten people here next time asking for the money, there'll be thirty people here that will be asking for the money. I think the reason that we have not faced this in the past because we did establish the policy and I'm just looking at the fact that - I guess what I'm saying that I hate to go back to the old way of doing business because it was chaotic. It was horrible. Mayor Suarez: Well, you know, there's another mathematical reason why it happened. We initially provided $40,000 after the first year of the funding of the policy by reducing it by 20 percent. Mr. Plummer: Correct. 69 October 12, 1989 Mayor Suarez: And very quickly gave it to some other deserving group, and so there was no more money. So no one would apply because there was no more money. Now, the policy is working to the extent that they are becoming self- supporting, and that we have an $82,000 overage, and that's why the whole world wants it. It's like demand and supply, you know. But anyhow, I hope that the Commission would at least consider what we've done for CDBG social service funds which is to have a committee, an advisory committee, they make the recommendations. The last time, I think, the first time you voted on it and you were, in fact, chairing the meeting because I was late, we took exactly the recommendations of your staff plus the advisory board because, otherwise then, we'd become the forum at which all these things get decided and it is, as Commissioner Plummer is saying, it is just the end of the world, I mean, everybody. We have to figure out a way that we don't spend the City's time and our own time here discussing eight, or ten, or fifteen organizations, any one of which is worthy. We all agree that $200,000 is maximum. We all agree that groups should become self-sufficient with time. That's all part of our policy, I don't think we've diverted from that in any way. This particular year, mathematically we have $82,000 and what we have to do as a Commission is decide what mechanism we're going to implement. Deferring is not going to take away the pain unless we set up a mechanism, because you're just going to be lobbied by everybody, and we may end up, for lack of anything else, trying, you know, one of your motion that would just simply split the money. But, I don't know. What does the Commission want to do? We have to act on this and I, again, recommend the creation of a committee with one person named by each Commissioner with the understanding that we will follow their recommendations and we would just seal them and deliver them and not get into it at this level because, otherwise, we'll go crazy. Mr. Plummer: Well, Mr. Mayor, at this point I have to go with Commissioner De Yurre's motion because it does allocate the money for Bayfront Park, and I will be voting favorable with that motion. Mayor Suarez: OK. Mr. Fernandez: The motion on the floor, Mr. Mayor, is Ms. Range's motion. Mayor Suarez: But that's - right. We do have a substitute motion. Ms. Range: Just before we vote on the substitute motion then... Mayor Suarez: Commissioner Range. Ms. Range: ...you say you're going to go with Commissioner De Yurre's and get the $25,000 for Bayfront Park. Mayor Suarez: That's what he had said he was going to vote for, right. Mr. Plummer: For a City function, that's what I'm saying. Ms. Range: Oh, yes, I understand, for a City function. All right, Commissioner Dawkins, did I hear you say you were asking for the $20,000 or would you be willing allow the remaining $57,000 to be shared? Mr. Dawkins: I'd be willing to allow the remaining $57,000 - no, Mrs. Range, let me not lie to you. I would prefer all of it - I would prefer that all of it be shared. But since we do rule up here democratically, and the majority usually rules, and sometimes you yield to something that is said to make sense, so... Ms. Range: All right, just let me ask one more question of Mr. Castaneda. Mr. Dawkins: Yes, but I would yield our 20 percent, yes, ma'am. Yes, ma'am, I would yield the $20,000 to be divided equally. Ms. Range: Well, I just got another thought. Mr. Castaneda... Mr. Castaneda: Yes, Commissioner. Ms. Range: ...are any of the ten organizations asking for less than $8,200? 70 October 12, 1989 Mr. Castaneda: The concert - there is one, New World Symphony is asking for $6,000, Ms. Ranges All right, so that's $2,500 that we have in the kitty. How much else? Mayor Suarez: Not if you exempt the twenty-five, then it's fifty-seven hundred per. Ms. Range: Yes, but they're only asking - oh, I see what you mean, uh huh. Mayor Suarez: Even that one will be a little bit over. Ms. Range: All right, anything else? I understand. Mr. Castaneda: That is all. Ms. Range: That is all. Mayor Suarez: Yes, that one will be almost at the exact request if we do it by fifty-seven hundred per. Ms. Range: All right, Commissioner Plummer, would you like to make public your - that you would go with the... Mayor Suarez: Are you going to accept that as an amendment to your motion, J. L.? Mr. Plummer: I don't have a motion on the floor. I'm voting with Commissioner De Yurre's and I'll state for the record, that, in fact, I would be willing to go along with the FAMU for the twenty, reducing it to thirty- seven. But I do think that, you know, the in-house is... I'm begging to help ourselves. Mayor Suarez: I thought we were about to reach consensus that we would keep fifty-seven available and divide it evenly among the ten applicants. Ms. Range: All right then. Mr. Plummer: That's fine, I'll go along with that. Ms. Range: That doesn't sound like what Commissioner Plummer just said. Mayor Suarez: No, it sure doesn't. Ms. Range: It sounds to me like he said that he would go along with the twenty thousand for FAMU. Mr. Plummer: Huh? Mayor Suarez: Yes, and he... Ms. Range: So that leaves thirty-seven. Mayor Suarez: ...so then, what you're saying is that there's thirty-seven left? Ms. Range: Yes. Thirty-seven left, so we're divvying it up. Mr. Plummer: I'll acquiesce to that. Mayor Suarez: OK, we have a motion... Mr. Plummer: To try to get it across. Mayor Suarez: ...which the movant has to agree to amend. Mr. Dawkins: Wait, hold it, hold it, hold it. Under discussion, Mr. Mayor. Mayor Suarez: Yes, Commissioner Dawkins. Mr. Dawkins: We got eighty-two. 71 Mr. Plummer: Correct. Mr. Dawkins: Right? Ms. Range: Um hum. Mr. Dawkins: And we take twenty-five, that leaves what? Ms. Range: Fifty-seven. Mr. Dawkins: Fifty-seven, and the fifty-seven is what we're going to divvy up. Mr. Plummer: No, we're going to... Ms. Range: Didn't you say you wanted the twenty thousand for FAMU? Mayor Suarez: But he had yielded on that. Mr. Plummer: We're going to take twenty and we'll be divvying up... Mr. Dawkins: No, ma'am, I'll yield and get out here and try to beg the money for twenty... Ms. Range: All right. Mr. Plummer: OK. Mr. Dawkins: Because, Mrs. Range, I mean, less we have to be, as you said, realistic, you know, if an individual is here asking for money, they must need it. Mr. Plummer: Athalie, I tried. Mr. Dawkins: So why should we give them, you know, I mean, a peanut shell and take the peanut out of it? So I'll yield on the $20,000. Mayor Suarez: All right, so I think the consensus now would be that... Mr. Dawkins: I'll go find the $20,000 for Florida A&M. Ms. Range: All right, so it seems that everybody else will get approximately $5,700. Mayor Suarez: Fifty-seven hundred. Now, I just want to make sure, procedurally, we have the motion before us correctly. Mr. Vice Mayor, did you make the motion initially? Mr. Plummer: Correct. Mayor Suarez: Would you accept the amendment? Mr. De Yurre: Which is? Mayor Suarez: That the rest of the monies other than the twenty-five be allocated evenly among the ten applicants of $5,700 each? Mr. De Yurre: Equally or proportionately to their request? Mr. Dawkins: Equally. Mayor Suarez: Equally, I think. Mr. De Yurre: Some may be asking for five and they get all five. Some may want thirty and they only get... Mayor Suarez: But you'd hate to make it proportionate to the request, because if they just happen to make a big request, they get more that way. The idea is to avoid having this come back to the Commission for a forum... Mr. De Yurre: We don't want to create the board. 72 October 120 1989 Mayor Suarez: All right. So you don't accept the amendment then. We're going to have to take the motions and... Mr. Dawkins: Hold it, hold it now, he will not accept the amendment. UNIDENTIFIED SPEAKERS No. Mr. Dawkins: All right, then I will stick with my twenty -thousand for Florida A&M. I mean, you know, let's - come on, give us a break up here. All right, so now twenty from twenty... Mayor Suarez: Madam City Clerk, who had seconded the motion? Mr. Dawkins: ...that's forty-five, that would leaves... Mayor Suarez: Let me check procedurally. Who had seconded the motion, the substitute motion? Ms. Range: No, no, that's only 37 now. We're back to thirty-seven thousand now. Ms. Hirai: Mr. Mayor, I would ask the City Attorney... Mayor Suarez: You lost track. Ms. Hirai: ...to confirm, but we have to start voting... Mayor Suarez: All right, you lost track. You lost track, that's fine. Ms. Hirai: No, the first motion... Mayor Suarez: I lost track too, don't feel embarrassed about it. Ms. Hirai: Mr. Mayor, the first motion... Mayor Suarez: Who made - my question is, who seconded the substitute motion, if you know? Ms. Hirai: We have two substitute motions. Mayor Suarez: We have one substitute motion that I'm aware of. Ms. Hirai: The first one is Dawkins, Suarez. Ms. Range: Two, two. Ms. Hirai: We have two. One was made by Commissioner Dawkins, seconded by you with the twenty-five and the twenty. And then Commissioner Range and Commissioner Dawkins is the second substitute. Mayor Suarez: I didn't second that motion. OK, what was the other substitute motion? Ms. Hirai: Commissioner Range, seconded by Commissioner Dawkins, which is the one that... which is stated by her. Mayor Suarez: Yes, I didn't second the other motion. Mr. Dawkins: OK, state our motion. That's the last motion. Mayor Suarez: OK, the motion, as I understand it now - I can't imagine that you would add anything fruitful at this point - but if you want to try it, Frank. Mr. Dawkins: What is Mrs. Range's motion? Mayor Suarez: It is, I think if I understand it correctly, with all the modifications we've made, that a $25,000 be reserved for City use, presumably for this celebration and the rest of the $57,000 be allocated evenly among the ten soliciting organizations. 73 October 12, 1909 0 11 Ms. Range: Evenly among the nine because that's... Mr. Fernandez: It's really amongst eight. Ms. Range: The City of Miami is one of the ten. Mr. Castaneda: That's correct. Mr. Od:ios We need to withdraw Gratelli. Mr. Castaneda: Arte Gratelli understand this... Mayor Suarez: Fifty-seven divided by nine. Mr. Odio: Yes. Mayor Suarez: I think that works out to a nice even number or did I forget my multiplication tables? Mr. De Yurre: What are the names of these entities, Frank? Mayor Suarez: Why don't we put it on the record, the entities a good question, Mr. Vice Mayor. Mr. Castaneda: OK, the organizations will be Concert Association of Greater Miami, the M. Ensemble Company... Ms. Range: Just give us the amounts as we go along. I think that might help a little, if you have it. Mr. Castaneda: The amounts requested by the Concert Association of Greater Miami is $35,000... Ms. Range: No, that's all right, don't give us the amounts. Mayor Suarez: All right, just read the entities quickly, please. Mr. Plummer: You had to ask. Mayor Suarez: You had to ask, right. Mr. Castaneda: Concert Association of Greater Miami, the M. Ensemble Company, Mary Luft and Company, Inc., Teatro Vanity, Annual Colombian Festival of Miami, Greater - no, forget that one - Jamaica Awareness Reggae Festival, and Production Centers for the Arts, Inc. Mayor Suarez: What was the one that you excluded? Was it a Fidel Castro celebration or something or...? Mr. Castaneda: Greater Miami Host Committee which you've already included. Ms. Range: Yes. Mayor Suarez: All right. Mr. Plummer: What about the Colombian? Mr. Castaneda: I did include them. Mr. Plummer: All right, Mr. Mayor... Mayor Suarez: Yes. Mr. Plummer: I hate to put this on the record but, there is a controversy surrounding the present, excuse me, the past Colombian Festival that has not been resolved, so that matter of... Mayor Suarez; The motion will be subject to the City Manager making all of the certifications, that these agencies have no problems created by past festivals, etcetera. Mr. Plummer: That all past debts incurred be paid. 74 Ootobar 12, 1989 lb is Mayor Suarez: Absolutely. A clean slate, otherwise the money goes back into the pot to be divided evenly among the ones that do - that are certified, how's that? Mr. Plummer: That's fine with me and also the stipulation that we have been imposing would be imposed here. That these are not... Mayor Suarez: Yes, they have to provide... Mr. Plummer: ...not grants of money being handed to them. They will surrender bills from which they will be sent to the Manager and will be paid from by that source as approved by the Manager. Mayor Suarez: We make direct payments for their financial needs. Mr. Plummer: There will not be any grants given in hand. There will be by the submittal of bills to the Manager who will approve them and if he does, he will pay them direct. Mr. De Yurre: Frank... Mayor Suarez: OK, with all of those modifications - Mr. Vice Mayor. Mr. De Yurre: Is anyone requesting less than $6,000? Mayor Suarez: No, we checked that out. Ms. Range: No, but most of them - where is this... Mayor Suarez: There is one right over six according to... Mr. Castaneda: Right, New World Symphony is requesting $6,000. Mayor Suarez: Right at six. Mr. De Yurre: And you divide 57 by nine. UNIDENTIFIED SPEAKER: Sixty-three hundred. Ms. Range: Sure, divide 57 by nine and... Mr. Castaneda: By seven, Commissioner. Mr. De Yurre: You got seven now? Mr. Castaneda: Right, because... Mr. De Yurre: No, it's thirty-seven. Mayor Suarez: OK, why don't you give us a report back on the overage and we'll figure out a way to divide it. Mr. De Yurre: OK, let's go with it. Mayor Suarez: OK, if there's anything in excess, just like you do with CDBG social services. Ms. Range: Commissioner Dawkins. Did Commissioner Dawkins put Florida A&M back in for the twenty thousand, or did you? Mr. Dawkins: No, ma'am, I... Ms. Range: No, it's still $57,000. It's still fifty-seven thousand, it's... Mayor Suarez: Yes, fifty-seven. Right. Mr. Castaneda: No, what I - Commissioner, what I said was, instead of nine, it's seven. Mayor Suarez: Now we're down to seven agencies applying. 75 October 12, 1989 Mr. Dawkins: Seven people he's saying, seven entities. Ms. Range: Say the seven agencies to divide $57,000, that's beginning to sound pretty fair. UNIDENTIFIED SPEAKER: Eight thousand. Mr. Dawkins: Well, $9,000 a piece, nine thousand a piece. Mr. Plummer: Wait, whoa, I would rather take and give three portions to FAMU. I think that's only fair. At least they'll have $24,000 to start with, right? Each portion is worth... Mayor Suarez: Fifty-seven hundred. Mr. Plummer: ...fifty-seven. So they'll have fifteen thousand - seventeen thousand one. Mayor Suarez: Seventeen one. Ms. Range: Wait a minute. Mr. Plummer: ...we've eliminated three, give those three to FAMU. Mr. De Yurre: Eliminated two. Mr. Plummer: "And the Rattlers will strike and strike again." Mr. De Yurre: You eliminated two. Mr. Castaneda: I'm sorry, Commissioners, eight groups, I'm sorry. It's not seven. Mr. Plummer: Then give the other two portions to FAMU. They won't strike as hard. Mayor Suarez: OK, the eight other than FAMU to get $5,700 each, and FAMU to get two portions of fifty seven which is eleven four the last time I checked. OK, how's that? Mr. Dawkins: That's great, I don't have any problems with it. Mr. Plummer: That's fine with me. Mayor Suarez: Form of a motion and a second. Any discussion? We're going to preclude it. Call the roll very quickly. Mr. Plummer: I'm assuming the record is reflecting that this is one year funding and it is not to be considered in any way as a continuation in the years to come. Mr. Dawkins: That's what I was going to ask after we vote, J. L. Mr. Plummer: Well, I'm putting it on the record before we vote. Mr. Dawkins: See, because I need to know what's going to be available next year and why. Mr. Plummer: Yes. Mayor Suarez: As of now, the policy committee, the policy that we have instituted would reduce all of these by 20 percent at least. Mr. Dawkins: All except these first time, these right here, the first time... Mayor Suarez: Including those unless you want to change it. But, let's take a vote on this one year and then we'll figure out how you want to handle the future. 76 October 12, 1989 The following resolution was introduced by Commissioner Range, who moved its adoption: RESOLUTION NO. 89-921 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $200,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, SPECIAL EVENTS, IN SUPPORT OF CERTAIN COMMUNITY CULTURAL EVENTS FUNDED UNDER A FIVE-YEAR FUNDING PROGRAM ESTABLISHED BY FESTIVAL ORDINANCE NO. 10206, PROVIDING THAT FUNDING FOR EACH EVENT SHALL BE DECREASED BY AT LEAST 20% FROM THE BASE YEAR'S ALLOCATION FOR A MAXIMUM FUNDING PERIOD OF FIVE YEARS; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH ADMINISTRATIVE POLICY NO. APM 1-84, DATED JANUARY 24, 1984. Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Now what message do you want to send to the newly funded group of nine agencies as to their future chances of obtaining any funding? That, at most, they'll get 80 percent of what they got this year? Mr. Plummer: No, no, no. Mr. Dawkins: No, they can't. Mr. Plummer: They can't. Mr. Dawkins: They can't. Mayor Suarez: Yes, everybody gets reduced 20 percent across the board, you still have $40,000 to parcel out every year regardless of the number of entities unless my math is failing me. Mr. Dawkins: OK, Mr. Castaneda. Mr. Castaneda: Yes, Commissioner. Mr. Dawkins: We had an $82,000 overage, OK? Now, and that's all the overage that you had, right? Mr. Castaneda: That's correct, Commissioner. Mr. Dawkins: Now, we took the $82,000 and parceled it out. Is that correct? Mr. Castaneda: Correct. Mr. Dawkins: So there's nothing from which to take 20 percent from. Is that a correct statement? -from the $82,000. Mr. Castaneda: That's correct. Mr. Dawkins: That's nothing. Mr. Plummer: No, no, that's not a correct statement. Mr. Castaneda: But next year... Mr. Dawkins: What? 77 October 12, 1989 _...... _._... _.. Mr. Plummer: In the next year, there will be four... Mayor Suarez: Next year we would take 20 percent off everybody. Mr. Dawkins: Next year, take 20 percent off of what? Mayor Suarez: Everybody. Mr. Plummer: Off the two hundred. Mr. Castaneda: Of the two hundred. Mr. Plummer: That gives you forty -thousand new dollars to allocate next year. Mr. Dawkins: No, wait a minute. Mayor Suarez: It's the same policy we've been following in the past. You would take 20 percent of all of them, including... Mr. Dawkins: That's not the way we agreed to do it. Mr. Plummer: Yes, it is. Mr. Dawkins: I thought we agreed to take each of the funded festivals and reduce those by 20 percent per year until they phased out and you would have forty -thousand dollars. Mr. Plummer: But... Mr. Dawkins: I didn't know we were going to... and you're going to get back... Mayor Suarez: And apply that to the new ones as they come in too. Mr. Dawkins: All right, and then, but do you originally, you get back up to $200,0007 Mayor Suarez: Otherwise, we don't have forty thousand. Mr. Plummer: No. Mr. Dawkins: You start out with $200,000 every year? Mr. Castaneda: Right. Mr. Plummer: Correct. Mr. Dawkins: You do? Mr. Plummer: Yes. Mr. Castaneda: Yes. Mr. Plummer: But see, we're the... let me tell you where the breakdown is coming. We funded five festivals originally at forty each. Mr. Dawkins: Right. _ Mr. Plummer: And each year it was to be reduced by 20 percent and one new one would be added. Mr. Dawkins: OK. Mr. Plummer: And then, that way the ones that were initially funded in the first year, at the fifth year would be completely out of funding. Mr, Dawkins: Right. Mr. Plummer: We said to them in so many words, you either make it on your own in five years or you're out the door. OK? Mayor Suarez: Yes, that's still... 76 October 12, 1969 Mr. Dawkins: But each year, according to what I'm hearing from Frank Castaneda, is that the 40 percent reduction gets added to - I mean the $40,000 reduction gets added next year to $200,000 and you got $2400000 now to work with. Mayor Suarez: No, no, no, you just... Mr. Plummer: No. No, no, no. Mayor Suarez: You have the full two hundred. Mr. Plummer: You have... Mr. Dawkins: Well, somebody... Mr. Castaneda: No, no, Commissioners... Mayor Suarez: Each year, from the prior years, we reduced 20 percent, so roughly, I mean, exactly we would have $160,000 from the prior year... Mr. Castaneda: Correct. Mr. Dawkins: That's right. Mayor Suarez: ...that we were committed to and $40,000 new dollars each year. But still, the pot is two hundred and we can apply the same thing to the new ones. That means, for example, if they get $5,700 this year, next year they would get that less 20 percent which is $1,400. So they would get, let's say, $4,300 next year automatically. Now, they can come in, I presume, and ask for more. Always ask for more if they want. Mr. Dawkins: Is the Mayor correct? Mr. Castaneda: That's correct, but I believe that Commissioner Plummer said that this was a one shot deal for this new agencies. Mr. Plummer: These are. Mayor Suarez: As to these ten? As to these ten? Mr. Plummer: This year, you cannot fund ten new ones every year. There's no way. Mayor Suarez: How do you want to do it, do you want to just tell them that they start at zero or they start at 80 percent? Mr. Castaneda: No, no, Commissioners, I'm asking the question as to are these agencies going to participate on the reduction of 20 percent per year? Mr. Plummer: They can't, there's no way you can. Mr. Castaneda: OK. Mayor Suarez: You can, you can tell them they start at 80 percent. It's like... Mr. Dawkins: ...you got $20,000. Mayor Suarez: ...yes, zero base budgeting. You know, you're starting at 80 percent, and that gives us back the $40,000 to apportion, or we can say that this eighty-two thousand is just a one shot deal. It's up to the Commission.. In fact, we didn't have to decide it at all. It's not this year's funding anyhow, it's next year's. But what message do you want to send as far as the groups coming in next year? Mr. Plummer: They'll have to stand in line to know that we have forty thousand to deal with. We're either going to deal with one organization next year or we... Mayor Suarez: But, the only way you'll have forty thousand to deal with, if you tell this group that they will automatically be up to 80 percent of their level of funding. If you don't tell them that, you're going to have... 79 October 12, 1989 Mr. Plummer: No, I'm not telling them that at all. Mayor Suarez: ... you're going to have $82,000 plus 20 percent of a hundred and eighteen. Mr. Plummer: No, sir. That's not correct. Mayor Suarez: If you don't tell the ones that just received $82,000 that they start at zero next year, you're going to have those $82,000 from the $200,000 budget plus the 20 percent reduction for the other ones. Mr. Plummer: Mr. Mayor... Mayor Suarez: What message do you want to send? I mean, I don't really care. Mr. Plummer: Let me clarify the record. Mayor Suarez: May not be around next year, for all I know. Mr. Plummer: What we have this year constituting the eighty-two thousand is forty thousand, which is every year recurring for a new festival. The additional forty-two thousand, from what I understand, is those festivals which have been successful and have not required the funding and that made extra dollars available which is the... Mayor Suarez: And they're out of the cycle. Mr. Plummer: Exactly. That allowed these groups that are not in the cycle to come up and ask for that $42,000 surplus, but as it stands next year, under the present policy, we will only have $40,000 available for new activity. Mayor Suarez: We certainly agree on that. All right, so next year, it'll be $40,000. It isn't clear who will get it but you can certainly apply. All right? Anything further on this item? If not, we're moving on to the next. Did we vote on it, Madam City Clerk? OK. Item sixteen. Mr. Fernandez: So, Mr. Mayor, just point of clarification. You intended to pass item 15 when you took that vote... Mayor Suarez: Yes. Mr. Fernandez: ...which reflected the... Mayor Suarez: Yes, as to the other ones, right. Mr. Fernandez: ...those are modifications to item fifteen then. Mayor Suarez: Right, as to the other ones. Mr. Fernandez: OK. 21. APPROVE CHIEF PROCUREMENT OFFICER'S REJECTION OF PROTEST RECEIVED FROM JUSTICE SYSTEM DEVELOPMENT GROUP, INC. - concerning RFQ for development of a Federal Law Enforcement Building (GSA Building) (See labels 21.1 and 24) ------------------------------------------------------------------------------ Mayor Suarez: Item 16, chief procurement officers to reject a protest received from Justice Development Group. Are they here, or are we expected to hear a presentation, Mr. Manager? Mr. Odio: No, sir, I didn't. Mayor Suarez: OK, but we do need to go through the formalization process of rejecting the... Robert Sechen, Esq.: We are here. 80 October 12, 1909 IFA 0 Mayor Suarez: You are here. Robert Sechen: Yes. Mayor Suarez: And it is presumably proper to hear from... Mr. Odio: The reason they were disqualified is that... Mayor Suarez: Oh, this is for the GSA Building. Mr. Odio: Yes, sir. Mayor Suarez: Ah, I need a legal opinion then. Mr. Odio: That it was... Mayor Suarez: I do represent one member of one of the groups that is, in fact, protesting in some matters. I can't say that it's a very large client of my f i rm' s. Mr. Jorge Fernandez: As expressed to me, Mr. Mayor, by you, you would have a conflict of interest in participating in this matter. Mayor Suarez: OK. Mr. Dawkins: Me too. Mr. Plummer: Why? Oh. Mr. Dawkins: Because he's my friend. Mr. Odio: The reason that it was determined that the protest lacked merit was because the proposals submitted did not meet the required specification which stated, quote, "...in no event shall any of the individual minority participants hold less than 5 percent ownership interest." Mr. De Yurre: Has that been corrected? Mr. Odio: They were disqualified. They couldn't correct it after the fact. Mr. Dawkins: That's right. Amen. Mr. De Yurre: Where do we stand from a legal point on this matter? Mr. Fernandez: We have upheld and we have concurred with the procurement officer in rejecting this protest. Mr. De Yurre: Legally, can we allow them back into the process? Mr. Fernandez: All right, as a matter of process, they, the protesters, here stand in front of you today, appearing in front of you as the ultimate body. So, arguably, yes, you have a series of options available to you... Mr. De Yurre: Which are? Mr. Fernandez: ...either you accept the recommendation of the administration, which is very clear, which is what the record contains, or you can reject the entire process and throw everything up and start all over again, or you can, by amending, allow the protestor to amend his response to the RFQ so that then he becomes responsive to it. Mr. De Yurre: How many... Mr. Fernandez: And then, likewise, in so doing, affording an opportunity to all those other applicants who were disqualified on the same ground as this protestor, to likewise be considered and be brought - be given the opportunity for them to amend their proposal. Mr. Plummer: Question. Question. Mr. City Attorney... Mr. Fernandez: Yes. And in so doing, Mr. De Yurre, you would have to make findings on the record that, in fact, the RFQ was faulty to begin with. And 81 October 12, 1989 it is the position of the administration and of the Law Department that the RFQ as it went out, and as applied to by eleven applicants that were in this process, is not faulty. So, in order for you to be able to give the protestor an opportunity to be qualified, you're going to have to find and establish on the record, that the RFQ itself was faulty to begin with. Ms. Range: Was the RFQ indeed faulty? Mr. Fernandez: No, ma'am, not in our opinion. Mr. De Yurre: I don't think we're in any position to throw out the process to the point where we're at. Now, the thing is, the impact that allowing them to come back into the process, what impact it would have on the whole scenario whether others are going to come back and say, "Hey, if they got in because they straightened up their act, then we want in because we're willing to straighten up our act too." Mr. Fernandez: OK... Mr. Sechen: Vice Mayor De Yurre, I... Mr. Fernandez: ...the protestors... Mr. De Yurre: Whoa, whoa, hold it. Go ahead. Mr. Fernandez: The protesters were disqualified because they failed to comply with the minority aspect of the RFQ. Now, I understand... Mr. De Yurre: Why did the others - do you have any ideas why the others failed? Mr. Fernandez: There were four or five other teams that were likewise disqualified, but not all for the same reason. I believe that there is at least another team besides the protesters who were likewise disqualified for failure to meet the RFQ requirements of minority participation. So, at least on that very narrow case, if you are going to find in your wisdom that the protester should be incorporated into the process, you have to do two things. First of all, find, as a matter of record, that the RFQ, as originally issued, was faulty in that area of minority participation and then after you've done so, afford everyone who had problems with that minority portion, to come in and amend their proposal so that then they could be considered. Ms. Range: Mr. Mayor... Mr. De Yurre: Mr. Dawkins. Mr. Dawkins: OK, I'll wait. Go ahead, Mrs. Range. Ms. Range: I think we should at least hear from the protesters before we make a... Mr. Plummer: Well, but I would like to ask a question. Ms. Range: Surely. Mr. De Yurre: I just want to get straight as to where we stand before we start listening to anybody so we know what our options are. Ms. Range: All right. Mr. Dawkins: Me too. Mr. De Yurre: Commissioner Dawkins, you got something to say? Mr. Dawkins: Mr. City Attorney. Mr. Fernandez; Yes, sir? Mr. Dawkins; Did I hear you to say that when the RFQ went out, we accepted them back and because we felt one met all of the qualifications, we accepted it. Is that a correct statement? We accepted the one that the Manager's recommending. 82 October 12, 1989 Mr. Fernandez: No, there's several. The Manager has found five teams to be qualified teams. Mr. Dawkins: According to the RFQ. Mr. Fernandez: According to the RFQ, correct. Mr. Dawkins: Now, the one who is protesting we found it not to be in accordance with RFQ. Mr. Fernandez: Correct. Mr. Dawkins: OK? Mr. Fernandez: Correct. Mr. Dawkins: Now, and ever since they've been coming up here and I've been sitting here, they've heard me say about minority participation. Mr. Fernandez: Correct. Mr. Dawkins: So I hope they aren't looking for any sympathy from me, OK? Because I get tired of every time we put out these kind of bids, somebody decides, after the fact, oh, yes, I should have added one, now I'm going to come back and add two and make them happy. And it's just unfair. So I will not be supporting the protest. Mr. Plummer: I have a question, Mr. City Attorney. Mr. Fernandez: Yes, sir? Mr. Plummer: I see this protest not just by this particular firm as being even deeper as to whether or not the City has acted in concurrence with legal provisions as we know of recent. If this protest is taken to court, what is your feeling as to how we could or could not prevail? Mr. Fernandez: No doubt at all in my mind, sir, that we will prevail. We feel that the provisions of the RFQ, as they went out, were very clear. I feel that the process was very open, that the protester himself had ample opportunity during the whole process to read and to properly interpret those provisions, to confer with us, to get further clarification if necessary. May I remind you that this whole process of RFQ, the very first time that it went out, we found that there was ambiguity in the language, precisely in the minority portion of it. And, as a result of that, we came back to this City Commission and we asked you to allow us to go back for a second time so that the RFQ and the portions, particularly in the section of minority, would be very, very clear. So I have no question, Mr. Plummer, in my mind, that, although I cannot predict to a hundred percent certainty the results of a court, but we feel that we're on very solid ground in supporting the administration in rejecting this protest. Ms. Range: But when you came back to the Commission to ask to change your language, was that before or after the first RFQ was placed on the street? Mr. Fernandez: After the first RFQ went out... Ms. Range: And then, so then, sir, then we were not one hundred percent correct in the first language. You said... Mr. Fernandez: Not in the first language, but that was all corrected, ma'am.... Mr. De Yurre: That was a long time ago. Mr. Fernandez: A long time ago, over a year ago. So then our second attempt and at the RFQ to which the protester is protesting, is the second one that we put out and we feel that we put out very correctly. Mr. De Yurre: OK, let's hear from Robert. Do you want to go ahead? 7 Mr. Sechen; Yes, yes, I think it's important. 83 October 12, 1969 Mr. Plummer: Wait, wait, I got one other question. Mr. Sechen: Well... Mr. Plummer: Mr. Manager. Mr. Odio: Yes? Mr. Plummer: In this process, it is my understanding that all final authority vested in the feds. Is that correct? Into the entire project. Mr. Odio: Yes, I... Mr. Plummer: All right. Have the feds spoken to this process which we are presently going through? Mr. Fernandez: Yes. Mr. Odio: And they're the ones that concur. Mr. Plummer: They're in concurrence... Mr. Odio: Of course. Mr. Plummer: ...that this process is the process that they will approve. Mr. Odio: Yes. Mr. Fernandez: Yes. Mr. Plummer: They concur with the findings of the - of, what is it called? - the .... ? Mr. Odio: RFQ.. Mr. Plummer: No, no, no. Mr. Odio: Of the committee. Mr. Plummer: Ron Williams headed up a panel... Mr. Fernandez: The procurement officer, their chief procurement officer. Mr. Plummer: Chief procurement officer. They have - you have surrendered to them and they have stated on the record, that they are in concurrence with the procedure as well as the findings. Mr. Odio: Yes. Mr. Plummer: You have that in writing? Mr. Odio: In writing, I don't know. Do you have it in writing? No, I don't think so but I... Mr. Ron Williams: If I may explain it as quickly, Commissioner. We are — concurring essentially with the feds. Their review of the process and this particular protester protested the situation is that they found this firm to be not qualified for the reasons that we are finding them not qualified, and we're essentially concurring with their and the City administration's position. Mr. Plummer: They found them not qualified. Mr. Williams: Yes. Mr. Plummer: So, if this project is delayed, they're not coming back to us and saying because something we did is because the reason of the project being delayed. Mr. Williams; Well, I... 84 October 12, 1989 i Mr. Plummer: Well, somebody better answer it. Mr. Herb Bailey: Commissioner, when we made the selection, it was a joint selection process for which there was our process with them participating in it fully and the concurrence of them on each part of the selection. Our arrangement with them gives us - in fact, our agreement with them - which they agreed that the process that the City follows is the one that they will adhere to in terms of the procedure. The answer to your last question as to whether or not we do something that is different from our process that would delay that - building of that facility, which may cost more money, is one which is speculative, I don't know. Mr. Plummer: Well, who does? Mr. Bailey: Well, I mean, they would have remedies to say, you could easily be said you delayed the process because you're not following your procedure. I mean, that's up for them to say, but I don't know what they would say. Mr. Plummer: But they are aware... excuse me, they are aware of the protest and concur the findings of the protest. Mr. Bailey: Absolutely, they are aware. We are in contact with them daily. Mr. Plummer: They're totally aware of that. Mr. Bailey: They're totally aware of it, yes. Ms. Range: But, sir, I go back to the question of the first RFQ, is that it? Were the feds aware of whatever caused us to pull back the first RFQ... Mr. Bailey: They were aware.... Ms. Range: ...well, were the feds aware of that? -and if the feds were judging them on the first RFQ that went out, then what would have been their decision at that point? Mr. Bailey: Well, actually, the first one was pulled back by this Commission because of some ambiguity in terms of the minority process... Ms. Range: Yes. Mr. Bailey: ...and they were here and concurred with that on the record. The second one went out after this Commission made the correction for which they concurred with and it went out and they were here on the record to approve that. And the process of the selection, which gave them the guideline that they had to go by, which was set up by this Commission, they also concurred with the findings. Mr. Plummer: No, but you're missing my point - I'm sorry. Ms. Range: Go right ahead. Mr. Plummer: My point is, do they concur with the findings of the hearing officer in reference to the protest? Mr. Bailey: Yes, they do. Mr. Plummer: You're saying that and you're stating on the record that they have been notified, they are aware and they are in concurrence with those findings. Mr. Bailey: They have been notified. They are aware and they are in concurrence with the findings. That is a matter of record. Ms. Range: Does what has happened thus far preclude the protesters from - does that preclude them from competing in the next phase after they're placed out completely? Mr. Fernandez: Yes. Mr. Bailey: They are also aware that we have an appeal procedure and they know that we're going through this process today but the answer to your 85 October 12, 1989 r -- question is, is that if you uphold the administration's position, the protesting group will not be permitted to participate in the next phase. Mr. Plummer: Let me ask a dumb question, Herb. If they have all final approval, why in the hell are we even in the process? Mr. Bailey: They don't have all final approval. They validate our process and concur with our findings on every process. Mr. Plummer: But if they don't validate it, it's the same thing as canceling. Is that correct? Mr. Bailey: If they don't agree? Well, you know, they have... Mr. Plummer: They have the right of veto. Mr. Bailey: I wouldn't say they have the right of veto. Because they have agreed and their agreement with us to go by our procedures, they... Mr. Plummer: By our procedures, but the bottom line, where does the buck stop and who has the final word? Mr. Bailey: The City has the final responsibility because this is a City process, it's being bidded by the City, the bonds are sold by the City even though they're guaranteed and backed by the federal government. But this is a City of Miami process. It has a participation with the federal government and as I remind you, when we first started this, this is an experiment for which we've finally come together with a system which we think may work. But this is the City of Miami's process and the City of Miami is ultimately responsible for its process. And I'll go further, to answer your question, and if you think I'm being political about this, I'm not. I contend that in terms of the City's responsibility and the liability for this process, we have the final say-so. Mr. Plummer: We have the final say-so. Mr. Bailey: I would say that, yes. That would be the position that I would take. Mr. Sechen: For the record, my name is Robert Sechen, One S.E. Third Avenue, Miami, Florida. I think we're sort of off on the wrong foot here and I'd like to sort of try to bring it back a little bit. First of all, this Commission clearly has the right, under the RFQ, to, and let me quote directly from the page two of the RFQ, "The City of Miami and the General Services Administration reserve the right to waive any irregularities and any submissions, or to reject any or all submissions and to readvertise for new submissions." So, you reserve the right to waive any irregularities and any submissions, so I don't think that there's a question as to, number one, the authority of this Commission to be able to find that a group is acceptable. That's number one. Number two, this group has, the Commission, has the right because you only now have one protester in a sense before you, all of the other protesters, in the legal sense, have waived their right to come before the Commission and ask for the Commission to waive any irregularities or to allow them to come in. So you particularly have the right to be able to do that right now because there is only one protest that is, in fact, been filed. This particular irregularity, as we'll call it, is of such a small nature - and let me explain it to you. In your request for qualifications, which is not a request for proposals, it's only a request for qualifications, you still have to go through the proposal stage later. In the request for qualifications, you said that you wanted a minimum of 34 percent minority involvement in the proposals. Justice Systems proposal had 41 percent minimum minority involvement. But they lumped it in two groups. One was 30 percent being Spillis Candela and the other was a limited partnership comprised of eleven percent. And we proposed that those were the two entities, both which met the over five percent qualifications of the RFQ. Now, we read apparently the RFQ a little different than some of the other people, and we grouped them into limited partners as one over five percent group and then the general partners of over - the minority general partner had over 30 percent. So we, in fact, under the interpretation that was made by Justice System Development Group, met the qualifications. We're not asking, Commissioner Dawkins, for any kind of a waiver as to the kind or the amount of minority involvement because we exceed that by seven percent. We have 41 percent minority 86 October 12, 1989 involvement in our proposal percent. Not the 34 that you required. We have 41 Mr. Dawkins: When you say involvement, minority involvement, what are you, I mean, define that for me. Mr. Sechen: The minority involvement in Justice Systems Group is broken up into two aspects. One is 30 percent ownership by Spillis Candela and Partners, a qualified minority firm, and then limited partners who I will read to you the name of the limited partners, who will make up the eleven percent. The limited partners are Al Dotson, Julius Jackson, Elizabeth Duncan, Elaine Ugoni, Edward Wright, and Teresa Zuberetta. Mr. Dawkins: That's how many? That's six people? Mr. Sechen: That is one, two, three, four, five, six, yes, sir. Mr. Dawkins: And divide six into eleven and you got what? Mr. Sechen: A little over one and three quarters or something. Mr. Dawkins: And so you're coming up here telling me that these great people who you just announced and named, they got one third, each one of them got one-third of whatever we're talking about, and you tell me that's minority participation. Mr. Sechen. Well, they all have... In addition to the 30 percent owned by the Spillis Candela firm, but that... Mr. Dawkins: All right, so 30 and 11 - who owns the other? Mr. Sechen: Forty-one percent. Mr. Dawkins: Yes. Who owns that? Mr. Sechen: Doran Jason Group, Inc. and Dolan Interiors, non -minority firms. So, the total is - the total for minority firms though is, 41 percent. Mr. Dawkins: Doran Jason is a Cuban, that's another minority. Mr. Sechen: He is not listed as a minority firm. Mr. Dawkins: OK, but he is though. OK. Mr. Sechen: So, we're really not saying, forget what the minority participation has been on this and that's very important to these companies. But what we are saying is, just because we group them in a different entity - now, I can give you some examples. For instance, if a minority firm came in and proposed five percent ownership, but the minority firm was only owned 51 percent by minorities, they would qualify under the way the City's defining it. But what we're saying is that that probably isn't even right, but that would qualify under what the City has said in terms of our discussions with them. Mr. De Yurre: Let me ask... Mr. Sechen: What we're saying is... Mr. De Yurre: Robert, hold it a second. Mr. Sechen: Yes, sir. Mr. De Yurre: Mr. City Attorney, is there a situation unique - as far as I know, their only problem is the fact this minority issue. Other than the minority issue, they've complied with the RFQ? Mr. Fernandez: The administration would be in a better position to address that question. However, let me tell you that Mr. Sechen has, of course, his position but the reason his group was disqualified, is not because of an irregularity which he appeals to you for you to amend or to let them in because of failure to comply with a irregularity. We feel that his failure to comply is a major flaw and really is not an irregularity. It is consistently 87 October 12, 1989 and wholeheartedly against the spirit and the letter of that RFQ. So, Ms. Kearson... Mr. Sechen: But that is for the Commission to decide. Mr. De Yurre: OK. OK, now, hold it, hold it, hold it a second, guys, OK? I just need my question answered. N1r. Fernandez: Your question as to whether - that would be the administration, the administration will let you know whether they were disqualified.. . Mr. De Yurre: OK, then you can be quiet now. Mr. Fernandez: OK. Mr. De Yurre: Administration. Is the only reason they failed to be recommended the fact this minority issue? Mr. Odio: No, no.... Mr. Bailey: No, that's not the only issue, Commissioner. They still have to be evaluated by the CPA firm to determine whether or not they meet all of the other financial requirements. Mr. De Yurre: OK, but as far as you know, the only failure has been minority at this point? Mr. Bailey: That was the failure for them to be qualified to go through the balance of the process. Mr. De Yurre: That's right. Mr. Bailey: That does not say that they will eventually... Mr. De Yurre: That they won't fail for some other reason down the road. Mr. Bailey: They will probably fail... it is possible that they could fail for some other reason once they go through the balance of the process. Mr. De Yurre: OK, is there any other group bidder that has failed because of the minority situation only? Mr. Bailey: That was another group that did not qualify for which minority participation was one of the deficiencies along with some other problems. Mr. De Yurre: But not the sole deficiency? Mr. Bailey: But not the sole deficiency. Mr. De Yurre: OK. And those other deficiencies were not curable? Mr. Bailey: They're curable, you know, anyone can come back and say, "Oh, I made a mistake and give me a chance to correct it." Mr. De Yurre: OK. Mr. Bailey: And I contend and... Mr. De Yurre: But they didn't do it. Mr. Bailey: They did not, no. Mr. De Yurre: OK. I've got no problem and I would entertain a motion to allow them, if they've cured their problem, to go ahead and continue the process. Ms. Range: I'd second that motion. Mr. Fernandez: OK, point of order, Mr. Vice Mayor. In order for you to do that, you would have to find, as a matter of on the record, the fact that the RFQ, as originally issued, were, in fact, ambiguous, or not proper in this 88 October 12, 1989 0 0 regard. You must first find that. Then, you may accomplish what you want to by giving them an opportunity to go through the process and be reevaluated again. I would also submit to you that in allowing this group in, perhaps you should also consider the other group that was principally disqualified for failure to comply with the minority requirements of the RFQ. Mr. Plummer: Excuse me, you're going to open the door, you've got to open the _ door all the way. I mean, because if not, we're going to go through this at every Commission meeting and everyone's going to have the right to say, "Hey, I only missed it by a point and a half or that I missed it by two points," now... Mr. Fernandez: Which is exactly the point. RFQs should have a finality. Mr. Plummer: Hey, as far as I'm concerned, if you open that door, you open that door. Hey, I'm going to put on the record right now, I think this whole damn thing stinksl OK? I think the whole process is crazyl I just don't understand itl The City, in my estimation, in the long run, has got a bad deal and it's not the first time I've said it. Taxpayers of this town are picking up and we don't own the building at the termination of this situation. But I'm saying is, in the interest of fairness, in the interest of equity across the board, if you open that door, you open that door. And that's what I'll go along with. Mr. Dawkins: Well, I must say, all of them - that's why I should have left with the Mayor - everybody involved in this is my friend, and everybody involved in it know my feelings on minority participation, and every time you come up here with one of these voodoo type arrangements, you know, it irritates me. But I will vote with the motion if you throw the entire process open to any and everybody who thinks that they were treated unfairly. Mr. Fernandez: So, in essence, let me get it clear, Mr. Vice Mayor. You're, in fact, rejecting all the entire RFQ process and beginning again anew? Mr. De Yurre: No, I'm not. No, I'm not. I'm not willing to go that far to let them in. But I want to be equitable, if I'm going to do equity here and by doing equity here, then it means I got to do a whole bunch of equity somewhere down the road that's going to impact on the whole process, you know... Mr. Sechen: Mr. Vice Mayor, I think you have a waiver of rights here which I can't understand the City Attorney not seeing, and the waiver is, if you have an appellate right, and you don't utilize that appellate right, you've waived that right. And all of the other groups who were rejected have waived that right. Now, the Commission can, in its judgment, open it up... Mr. De Yurre: Is there a time constraint as to that appellate procedure? Mr. Fernandez: Yes, certainly all the other groups that were rejected did not follow the appellate procedure that's afforded them. Mr. De Yurre: What - is there a time constraint as to going through the appellate procedure? Mr. Fernandez: This is the end of the appellate procedure. Mr. De Yurre: I know, but is there a statute of limitations? If you didn't do it by "X" date, you can't come before the Commission. Mr. Bailey: Yes. Yes. Mr. Fernandez: Fourteen days. Mr. De Yurre: And they were the only group that did it. Mr. Fernandez: Correct. Mr. De Yurre: Then, as far as I'm concerned, then this is the only group that we have to address and that's it. Mr. Dawkins: But, you see, I could go along with that if I felt that every other group felt that we were going to do this. Now, you may have some people 89 October 12, 1989 out there who felt that, "Hey, look, these are the rules and the regulations and I broke the rules and the regulations, so, therefore, I have to pay the consequence." Mr. De Yurre: No, but the rules and regulations also apply for an appellate procedure which these have been smart enough to follow through on. Mr. Plummer: Now, I'll tell you what... Mr. Sechen: Mr. Dawkins, everyone was written a letter by the administration saying that they had the right to appeal if they felt that they had an argument. I can only surmise... Mr. Plummer: You're generating my vote to throw the whole damn thing out. Keep talking. Mr. Dawkins: I know, I can't go with that. Mr. Sechen: I can only surmise that they felt that they didn't have the... Mr. Plummer: That's the only way I know to be fair and equitable. And I don't want to do that. Mr. Dawkins: I wouldn't, I mean - it will throw us too far back, J.L., starting all over if we did that. Mr. Plummer: But how do you say - what were there? -five rejected? Mr. Dawkins: Look. Mr. Plummer: How do you say to the other four... Mr. Dawkins: The majority of this Commission says, let them in, you know, irregardless, let them in. Ms. Range: Mr. Mayor, it has just been brought to my attention that even though I am not a member of this protesting group at this point, that when the process first started, I was a member of it, and even though I have removed myself from the group... Mr. De Yurre: How much percentage did you have? Ms. Range: ...I feel it only fair that I would recluse myself from it because this was- I think that's what I would be expected to do. Mr. Fernandez: Yes, that would be.... Ms. Range: So I will recluse myself from it because I have... Mr. Fernandez: That's the appropriate decision to make. Ms. Range: ...I have no further interest in it. Mr. De Yurre: You didn't have 5 percent? Mr. Sechen: J.L., what did you say you wanted? Mr. Plummer: Can I buy into one of the groups? Mr. Sechen: Commissioners, if you go through the lists, you are... Ms. Range: So I'll be excused. Mr. Sechen: OK. Mr. Dawkins: Yes, ma'am. Mr. Sechen: Commissioners, we have a real problem here because if you go through, as I have... Mr. Plummer: You got a bigger problem that you realize. 90 October 12, 1989 Mr. Sechen: ...and, yes, and you go through... Mr. Plummer: Now one of this Commission becomes the majority. Mr. Sechen: Absolutely, sir. If you start looking through, this is going to become a very complicated process for this Commission. Mr. De Yurre: Well, listen, "let's fish or cut bait," you know, I move it. Is there a second? Mr. Dawkins: I second it. Mr. De Yurre: Seconded. OK. Mr. Plummer: What is it that you're moving? Mr. De Yurre: To allow them into the process. Mr. Plummer: Let only... Mr. De Yurre: Based on the fact... them only. Mr. Plummer: Excuse me. Mr. De Yurre: Based on the fact that the others haven't gone through the appeal process, you know. Mr. Plummer: All right. So what you're voting is to allow one of the five disqualified groups in the process now. Mr. De Yurre: Because they were the only one that went through the appellate process. As far as I'm concerned, the others are out because they didn't go through it on time. Mr. Odio: But, OK, but... Mr. Fernandez: Mister, Mister, just a second... Mr. Plummer: Wait a minute! I'm running the meeting. Mr. Dawkins: Under discussion. Mr. Plummer: Are you finished, Mr. De Yurre? Mr. De Yurre: Yes, sir. Mr. Plummer: Mr. Dawkins. Mr. Dawkins: Mr. City Attorney. Mr. Fernandez: Yes, air. Mr. Dawkins: Is the reason just stated by the Vice Mayor enough grounds on which to deny the recommendation of the Manager and go out? You said that he had to have a defensible reason in court. Is that enough reason for you? Mr. Fernandez: Not in my opinion and let me explain that. Mr. Dawkins: No, no... Mr. Fernandez: I need to explain that, Mr. Dawkins, because it's... Mr. Dawkins: I don't need it. I asked you yes or no, that's all I need. Thank you. Mr. Fernandez: If... Mr. Dawkins: Thank you. Mr. Plummer: Mr. Manager, you wished to speak on the issue? He spoke for you, all right. 91 October 12, 1909 0 0 Mr. De Yurre: I'll give you the reason, the legal reason. My legal reason is that I don't think that it was - the language was reasonable. That's my language - that's my reason. Mr. Fernandez: What you need to do then, Mr. Vice Mayor, is in letting this group in, you must make clear to them that what the language meant so that they comply and are on equal footing and equally qualified as all of those that were initially qualified. In other words, will he continue to have... Mr. De Yurre: As far as I know, they have. Mr. Fernandez: No, no, they have not. Mr. De Yurre: What do you mean they haven't. Mr. Fernandez: No, they continue to have minority interest, one, point one- third percent among six or seven people which is clearly again... Mr. De Yurre: Hold it. Robert, are you telling me you haven't cured that yet? UNIDENTIFIED SPEAKER: Well... Mr. De Yurre: No, hold it, hold it, let me hear from him now. Mr. Sechen: We have cured it because it's combined in two minority entities which are - the minority entities have a minimum of five percent, just like any other corporation. Mr. De Yurre: No, did they... is there anybody, any individual that has less than five percent? Mr. Sechen: Is there any individual that has less than five percent? Yes. Mr. De Yurre: A minority. OK. Mr. Odio: I said... Mr. De Yurre: And isn't that contrary to what our... Mr. Odio: Yes, therefore the... Mr. Fernandez: Yes. Mr. De Yurre: Guys, you know... Mr. Sechen: But, we're talking the entity has. Mr. De Yurre: No, we're talking about individuals. Mr. Fernandez: It's individual, it's very clear in the RFQ. It says individual. Mr. Sechen: You see, the problem that you have clarifying is individual does not mean corporations that could have less than fifty-one, forty-nine, you get into a lot of other things. Mr. De Yurre: Individuals, individual - you, I - City of Miami is not individual, it's a corporation. Right? We don't have to go back to law school for this. Mr. Odio: I never went to law school but the rules were clear... Mr. Dawkins: Why? -are you bragging or complaining? Mr. Odio: I went to Howard University for one day. Remember? Mr. Plummer: Yes, but it was night school. Mr. Odio: The fact is that they did not meet the requirements, they did not meet them now. The others did meet them, they were on time. The ones that were disqualified accepted the fact that they were disqualified and that we should not open this because it's setting a bad precedent. 92 October 124 1989 Mr. De Yurre: Well, if you tell me that you got the five percent covered, I can go along with it. If you tell me that it adds up to five percent, don't count on my vote. I'll tell you that right now. Mr. Fernandez: 'there you go and that must be very clear on the record, Mr. Vice Mayor, before you should make that decision. Mr. Sechen: OK. All right, that can be made... Mr. De Yurre: It has to be made before I vote. Mr. Fernandez: It has to... Mr. Sechen: OK, my clients are telling me yes. Mr. De Yurre: OK, who are they? Mr. Dawkins: Wh000eee, I'm like you, J.L., I keep quiet. Mr. Plummer: I'm going to let them all talk because they're wasting their time but, you know, it takes three favorable votes. Mr. Sechen: Commissioners, I don't want to mislead you whatsoever. What we've said to you was that the women that were proposed to have one and a half percent each and the blacks that were proposed to have approximately one and a half, one and three quarters percent each, formed two entities, which then meet the five percent criteria. Mr. De Yurre: That does not qualify. Mr. Sechen: Well, in the City's opinion, the City administration. Mr. De Yurre: In my opinion, in my opinion. Mr. Sechen: That's your right to make that decision. Mr. De Yurre: Which pretty much kills it. Mr. Fernandez: That's right. Mr. De Yurre: You know. Mr. Sechen: We're appealing as to the wording of the RFP saying that we met that and you have the right, as you're doing, to review it and say whether or not you think that that's correct and we stand with your decision. Mr. De Yurre: I can't go along with it. Mr. Plummer: There is a motion on the floor and seconded. Mr. De Yurre: Call the roll. Mr. Plummer: Would you restate the motion? Mr. De Yurre: The motion was, which I'm going to vote against now, so that pretty much does it in. Mr. Plummer: Well, then there is no motion on the floor. Mr. De Yurre: Then I, you know... Mr. Fernandez: Correct. Mr. De Yurre: ...I retire my motion. Mr. Plummer: Now, the item on the agenda is to uphold the chief procurement officer's findings decision. Mr. Fernandez: Correct. Mr. Odio: That's correct. 93 October 12, 1969 Mr. De Yurre: I move that. Mr. Plummer: It is moved. Mr. De Yurre: Is there a second? Mr. Plummer: I'm not seconding it. Mr. De Yurre: You're voting. Mr. Dawkins: I'll second it. Under discussion. Mr. Plummer: Under discussion. Mr. Dawkins: You know, I don't understand why people continue to bid on projects who understand that we're not playing up here. That we are sincere. Like the Vice Mayor just said, you got me "if." Then, when he asked the question, it's no. And yet, people continue to come up here with information that they know that we're not going to buy. So... Mr. De Yurre: Are we going to need Commissioner Range on this? Mr. Dawkins: No, she can't, she... Mr. Plummer: Right now you do. Mr. De Yurre: OK, well then, no, once they're out, they're out. Mr. Dawkins: They're not... oh, Lord. OK, yes, um hum... Mr. Sechen: Commissioner, Commissioner, let me... one of my team members just said, I want to just make on the record, we can, in fact, meet it. Mr. De Yurre: Robert, you know, we tried to work with you... Mr. Sechen: OK. Mr. De Yurre: ...but, heck, you know, you guys got to work with the program and you haven't worked with the program. Mr. Sechen: Those groups, those minorities could, in fact, pool their things into one person and they could do that. Mr. De Yurre: But you should have done that already. Mr. Dawkins: Yes, but you could have... all we've said, you should have done that before you got here, Bob. That's all we're saying to you. You should have walked in here with them and with something signed and say, "Hey, this is what we did." Mr. Sechen: Well, we didn't want to exclude everyone in doing that and that was one of our problems too, Commissioner. I think you can understand that. Mr. Dawkins: Well, then, by not excluding them, you really excluded all of US. Mr. Sechen: But not exclusive... Mr. Dawkins: Now, Mr. City Attorney, where are we, sir? Mr. Fernandez: You're ready to pass on a motion made to uphold the administration in rejecting this protest. Mr. De Yurre: Well, let's wait for Commissioner Range to come back. Mr. Sechen: Vice Mayor, Vice Mayor, we could come back with that... if that's what your intentions, we could come back. Mr. De Yurre: Hey, it's... you got 17 strikes. Mr. Plummer: Motion made and duly seconded. Any further discussion? Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-921.1 A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST RECEIVED FROM JUSTICE SYSTEM DEVELOPMENT GROUP, INC. IN CONNECTION WITH THE REQUEST FOR QUALIFICATIONS ISSUED JUNE 22, 1988 FOR THE DEVELOPMENT OF A FEDERAL LAW ENFORCEMENT BUILDING IN DOWNTOWN MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre NOES: Commissioner J. L. Plummer, Jr. ABSTENTIONS: Commissioner M. Athalie Range Mayor Xavier L. Suarez ABSENT: None. (NOTE: THE CITY ATTORNEY LATER CLARIFIED THE RECORD AND INFORMED THE CLERK THAT WHEN TWO COMMISSIONERS ABSTAIN FROM ANY GIVEN VOTE, A TWO -TO -ONE VOTE IS CONSIDERED TO ADOPT AND PASS SAID ISSUE.) Mr. De Yurre: OK. We will recess till 2:30. Mr. Plummer: That's fine. Mr. Sechen: Technically, where are we? No, because you don't... Mr. Plummer: Commissioner De Yurre, Commissioner Dawkins... Mr. Dawkins: Yes, sir. Mr. Plummer: ...for the record. This matter is now under advisement of the City Attorney who will come back at 2:30 p.m. with a ruling as to the action just taken by this Commission. What is the ultimate decision and results. This matter is not concluded at this time. For the record. Mr. De Yurre: OK, now we recess. AT THIS POINT, ITEM 16 WAS CONTINUED UNTIL AFTER THE LUNCHEON RECESS. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:17 P.M. AND RECONVENED AT 2:41 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONER RANGE AND MAYOR SUAREZ. 95 October 12, 1989 ------------------------------------------------------------------------------ 21.1 (Continued Discussion) CITY MANAGER ANNOUNCES THAT PROTEST RECEIVED FROM JUSTICE SYSTEM DEVELOPMENT GROUP, INC. concerning RFQ for development of Federal Law Enforcement Building was withdrawn by applicant during lunch recess (See label 21). ------------------------------------------------------------------------------ THE FOLLOWING IS A CONTINUATION OF ITEM 16 WHICH WAS BEING DISCUSSED PRIOR TO THE LUNCHEON RECESS. Mr. De Yurre: We wanted to recall the item we just left off or to continue on it. What number are we on? Mr. Plummer: I think it was... Mr. Jorge Fernandez: That was item 16. Mr. Plummer: Sixteen. Mr. De Yurre: And we were going to get a report. Mr. Odio: They have withdrawn their appeal. Mr. De Yurre: They have. So we now have to - well, we already voted. Didn't we vote already on the...? Mr. Odio: That means there's nothing for you to do then, Commissioners. Mr. De Yurre: There's nothing for us to do then. Mr. Fernandez: No. Mr. Plummer: There is no protest, I assume there isn't. Mr. Fernandez: Exactly. Mr. De Yurre: We don't have to accept what has been... Mr. Fernandez: No, because it's no longer an issue. Mr. De Yurre: Good, great. What number are we on? 22. (A) DONATE CITY SURPLUS FIRE DISTRICT CHIEF STATION WAGON TO FIRE DEPARTMENT OF CITY OF SANTO DOMINGO, DOMINICAN REPUBLIC (SISTER CITY). (B) DONATE FOUR CITY SURPLUS POLICE CARS TO POLICE DEPARTMENT OF REPUBLIC OF COSTA RICA (SISTER CITY). (C) DONATE TWO CITY SURPLUS PASSENGER VANS TO CITY OF PUERTO LIMON, REPUBLIC OF COSTA RICA (SISTER CITY) - for public transportation. Mr. Plummer: Mr. Vice Mayor, if I could, I'd like to get these resolutions out of the way. Mr. De Yurre: Might as well. Mr. Plummer: Very quickly. It's in reference to Sister City Program. It's the resolution of all surplus equipment, it is one station wagon to the fire chief of Santo Domingo, Dominican Republic; four police cars to the Costa Rican police department; and two passenger vans for the Costa Rican school. Mr. De Yurre: OK, that's your motion? Mr. Plummer: And I would move at this time, that this be approved. Mr. Dawkins: Second. 96 October 12, 1989 P", Mr. De Yurre: Moved and seconded. Any further discussion? Call the roll. The following resolutions were introduced by Commissioner Plummer, who moved their adoption: RESOLUTION NO. 89-922 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO DECLARE ONE (1) SURPLUS FIRE DISTRICT CHIEF STATION WAGON AS CATEGORY "A" SURPLUS STOCK, AND DONATING THE SAME, AFTER THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS, TO THE FIRE DEPARTMENT OF THE CITY OF SANTO DOMINGO, IN THE DOMINICAN REPUBLIC; SAID VEHICLE TO BE USED BY THE CITY OF SANTO DOMINGO IN ITS FIRE FIGHTING AND RESCUE EFFORTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 89-922.1 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO DECLARE FOUR (4) SURPLUS POLICE PATROL CARS AS CATEGORY "A" SURPLUS STOCK, AND DONATING THE SAME, AFTER THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS, TO THE POLICE DEPARTMENT OF THE REPUBLIC OF COSTA RICA; SAID VEHICLES TO BE USED BY THE REPUBLIC OF COSTA RICA IN ITS EFFORTS TOWARDS DETERRING CRIME. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 89-922.2 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO DECLARE TWO (2) SURPLUS PASSENGER VANS AS CATEGORY "A" SURPLUS STOCK, AND DONATING THE SAME, AFTER THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS, TO THE CITY OF PUERTO LIMON, IN THE REPUBLIC OF COSTA RICA; SAID VEHICLES TO BE USED BY THE CITY OF PUERTO LIMON FOR PUBLIC TRANSPORTATION PURPOSES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolutions were passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller Dawkins Vice Mayor Victor De Yurre NOES: None. ABSENT: Commissioner M. Athalie Range Mayor Xavier L. Suarez. 97 October 12, 1909 0 23. FIRST READING ORDINANCE: Amend Code Chapter 38 - Authorize Bayfront Park Management Trust to permit sale of alcoholic beverages in the Claude and Mildred Pepper Bayfront Park. Mr. Plummer! Mr. Vice Mayor, I have one other that I would like to clear out that's been asked of me by the trust and that is in reference to a clarification really and it's an ordinance, you might recall that we allowed the trust to, in fact, sell beer and wine and liquor on their own. It was determined by the Law Department it shouldn't be in two separate ordinances, but in a single ordinance. So that they can keep that revenue in house, I offer the following ordinance amending chapter 38 of the Code of the City of Miami, Florida, as amended, by authorizing the Bayfront Park Management Trust or its executive director to permit with certain exceptions, the sale or dispensing of alcoholic beverages including beer, wine, in soft containers in the Claude and Mildred Bayfront Park, subject to compliance with all applicable state and local regulations, more particularly by creating a new code section 38-49.2, containing a repealer provision and a severability clause and I so move, sir. NOTE FOR THE RECORD: Commissioner Range entered the meeting at 2:44 p.m. and Mayor Suarez entered the meeting at 2:46 p.m. Ms. Range: What item is that? Mr. De Yurre: OK, do we have a second? Mr. Plummer: It's not, it's a pocket item clearing up a past problem. Mr. De Yurre: Is there a second for discussion purposes? Miss Range? Mr. Dawkins: I'll second it, but I'm going to vote against it. But I'll second it, you know. We just turned around and gave them forty thousand - $25,000 this morning, OK? Now they want to sell beer and wine, you know. Mr. De Yurre: Aren't they already selling it though? Mr. Dawkins: They're not self supporting... Mr. Plummer: No, the... Mr. Dawkins: ... and then again, when you give them the right to sell beer and wine, they're in competition with Bayside. Mr. Plummer: To my colleague. Mr. Dawkins: Yes, sir. Mr. Plummer: Commissioner Dawkins, you chastise me wrongfully so but rightfully so because I am now the member of the Commission to the trust in which you said, "Please, get that thing self sustaining." That's one of the things this is proposing to do to bring in more revenue for the trust. Mr. Dawkins: But, it also... Mr. Plummer: Second thing. The second thing is, is that this Commission says, "Why are you bringing these things in front of us each and every time. It should be a matter for the trust to decide and it's not a City Commission matter." So, sir, I'm not arguing for or against, I happen to think that it makes sense, but, number one, it was to produce more revenue for the trust and second of all, to keep a great deal of it off of our agendas here. Mr. Dawkins: The only thing I'm saying is, when you allow Bayfront Park to sell beer and wine, it's in direct competition with Bayside. Mr. Plummer: No, sir. 98 October 12, 1909 r-1 L-A Mr. Dawkins: Yes, it is. Mr. Plummer: No, there are two parks that presently... excuse me, for your edification, there are two parks presently that are exempted from the law of the beer and wine, Bayfront Park and is it Jose, Jose Marti? Mr. Ira Katz: No, Ft. Dallas. Mr. Plummer: And Ft. Dallas. Mr. Dawkins: You still... Mr. Plummer: They're already exempt, they don't have to come before this Commission. Mr. Dawkins: They are not next door to Bayside where Bayside, when the people go to Bayfront Park, they don't go to Bayside and spend their money. They go to the beer and wine that they might - and you and I can't say whether they're going to buy it or not - but it's a given that if I'm at Bayfront Park and they're selling beer and wine, I'm not going to walk over here to Bayside to buy any. Mr. Plummer: Sir, this would only be... this would not where they would be opening up a store. This would be at a festival, OK, in which the people like last Sunday would be in the park. The Bayside was a great recipient because of the storm and people ran in there and I assume they spent money there. But this is not so that the trust can go into the business of selling beer, wine and liquor. This would only be at festivals. Now, I'm at your pleasure, I'm not here... Mr. De Yurre: However, what, you know, what happens when somebody that is putting on a festival, they expect revenues from that? Are they going to be able to sell their own beer and wine? Mr. Plummer: They do now, yes. Mr. De Yurre: Well, are they going to keep doing that? Mr. Plummer: They can or it's an option or it's negotiable. If they allow a vendor to sell, then they take back a fee from the vendor. Mr. De Yurre: Which ordinarily they wouldn't take? Mr. Plummer: But right now, the fee without liquor is $400 per vendor. I'm trying to get it on a self sustaining basis, guys. Now, that's what you asked me to do. If this doesn't meet with your approval, then say so, but I'm saying this is one more step that I'm trying to bring about in which to make... Mr. De Yurre: Aren't you telling me that - are you telling me that we had two resolution already on this? Mr. Plummer: Yes, the one first resolution says that presently the trust has the authority to sell beer and wine and approve or disapprove in Bayfront Park and in Dallas Park. What they're saying is, and this Commission also said, don't bring in every individual case before the City Commission to allow us to sell liquor. Give that authority to the trust, they already have it for beer and wine, so combine it. This combines it. OK? Mr. Dawkins: OK, it only... the only way... Mr. Plummer: Now, if you don't want it, please, I'm... don't come back at me though next year and say, "Hey, you're not doing your job by deriving more revenue." The money's being spent. Mr. Dawkins: All I'm saying is I hear you and I applaud you, I pat you on the back. Mr. Plummer: But. 99 October 12, 1989 4 -46�, Mr. Dawkins: For wanting to generate more revenue but next year, you'll be right here telling me they need $30,000. Mr. Plummer: I will be right here next year, if I haven't made significant change in asking the Mayor to appoint somebody else because I wasn't able to do the job. Mr. Dawkins: Well, ain't nobody else going to do it. Nobody else can do it as lousy as you, so what are we going to change you for? Mr. Plummer: That's your problem. Mr. De Yurre: OK, any further discussion? Ms. Range: Commissioner, yes. I apologize for being tardy, but does this imply or does it mean that beer and wine will be sold - can be sold on a daily basis? Mr. Plummer: No, not on a daily basis. It's an only for festivals. Ms. Range: I don't see that anywhere. Mr. Plummer: Well, that was in the original one that allowed the sale of beer and wine in Bicentennial - Bayfront Park and Dallas. This is one step further. What has been is, Mrs. Range, in the past everytime that somebody wanted to sell liquor which they usually did, they had to come before this Commission and I can't remember of one that was ever turned down. I think it was the Mayor's request that said, "Hey, give that authority like they have the other authority and save some of the time of the City Commission." Ms. Range: I think you answered my question. It is for specific purposes... Mr. Plummer: For festivals. Ms. Range: Just for festivals. Mr. Plummer: Yes, ma'am, events. Ms. Range: Very well. Mr. De Yurre: How does Dallas Park get involved in this? Mr. Katz: The reason why, Commissioner, this was a City matter and what Commissioner Plummer is trying to do... say is, he's trying to put the power onto the trust to make this decision so it doesn't have to come before your agenda. But, legally, it's on the City code. Mr. De Yurre: Well, no, I'm talking about Dallas Park. Mr. Katz: No, the trust won't be making the decision for Dallas Park, but right now in the City code, it allows for liquor to be sold only in Dallas and Bayfront and no other parks in the City. Mr. De Yurre: OK, but so, I just want to make... Mr. Plummer: I think to answer your question, Victor, why Dallas Park, is that the City put that out with an RFP. It was determined by the City that it could not be successful without the sale of beer, wine, and liquor. And because of that, they allowed the liquor to be served, beer and wine and liquor to be served in Ft. Dallas so that the concessionaire would have the chance of survival. Mr. De Yurre: OK, but that's at the restaurant. Mr. Plummer: That is correct, sir. Mr. De Yurre: OK. Mr, Plummer: Of which the City derives a percentage. Mr. De Yurre: OK. I'd like to keep the trust involved with Bayfront Park only, you know. 100 October 12, 1969 Mr. Plummer: They will, sir. Mr. De Yurre: And not see them in the other. Mr. Plummert And, hopefully, within the coming year, we're going to be making a proposal to increase the scope of that trust. Not in dollars, but in land. Mr. De Yurre: Well, we'll deal with that when it comes up. Mr. Plummer: OK. Whatever you all want. Mr. De Yurre: We've got a motion and a second. No further discussion. Call the roll, please. Or, you already read the ordinance? Mr. Fernandez: Yes, it's been read already by Commission Plummer. Mr. De Yurre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 38 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST OR ITS EXECUTIVE DIRECTOR TO PERMIT, WITH CERTAIN EXCEPTIONS, THE SALE OR DISPENSING OF ALCOHOLIC BEVERAGES, INCLUDING BEER AND WINE, IN SOFT CONTAINERS IN THE CLAUDE AND MILDRED PEPPER BAYFRONT PARK, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE STATE AND LOCAL REGULATIONS; MORE PARTICULARLY, BY CREATING A NEW CODE SECTION 38-49.2; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 24. DISCUSSION CONCERNING HOW MANY VOTES CONSTITUTE A MAJORITY VOTE IN THE CASE OF TWO ABSTENTIONS BY CITY OF MIAMI COMMISSIONERS. (See label 21) Mayor Suarez: Item 17 is the next one, Mr. Vice Mayor? Mr. Plummer: Mr. Mayor, were you here... that 16 has been withdrawn by the... Mayor Suarez: I understand the appeal has been withdrawn. Mr. Plummer: That's what I understand. Mr. Fernandez: Yes. i Mayor Suarez: And I presume, unless, since I don't represent any of the _ remaining members or applicants or prospective contracting parties with the City, that I have no problem voting from this point forward. Is that...? Mr. Plummer: It's nothing... 101 October 12, 1909 Mr. Fernandez: None at all. You had declared a conflict and I had supported you in your declaration of a conflict. Mayor Suarez: I appreciate that. Mr. Fernandez: The - as well as Miss Range. Now, but for the record, notwithstanding the fact that the parties have withdrawn their protest or their appeal... Mayor Suarez: They're still, somehow, solicitors in one way or another? Mr. Fernandez: No, no, no, I just want to make sure that there was a vote of this City Commission where, of the three members that were eligible to vote, there were two who voted to uphold the recommendation of the City Manager, or the procurement officer, and one who voted against and if I had... Mayor Suarez: That's not sufficient for... Mr. Fernandez: No, it is. In my opinion, in this case, because two of you had to make yourselves absent as a result of a statutory and legal conflict, that a vote of two of those three would have carried the day. Mr. Plummer: What is... Mayor Suarez: OK, do we need to do anything on the item any more? Mr. Fernandez: No, you don't, because it has, in fact, been taken away from your consideration. Mr. Plummer: What is... Mayor Suarez: From this point? Ms. Range: No. Mr. Plummer: What is different in this case as to any other that requires three affirmative votes? What's the difference, I don't... Mr. Fernandez: The difference is that the reason why two of the members of this Commission were not able to participate was a legal impediment. It was not that they were out late for lunch or that they didn't make that City Commission meeting. It was a legal requirement or a legal rationale for them not being able to participate. So, on the basis of that, reading our charter, in conjunction with Mason's Rule, which control this Commission, it is my better understanding and opinion to you that in that case, then, a vote of two of the three would have carried the day. Mayor Suarez: Even though it seems to contradict very clearly the charter. Mr. Plummer: Mr. City Attorney, we will live to fight that another day. I disagree with you. To me, the charter is clear. Any action takes three affirmative votes. It doesn't give a damn or state why two are absent. Whether they're out campaigning, whether they're at lunch, or whether they have a legal impediment. The charter is silent. It says, any action of this Commission takes three affirmative votes, period. Mayor Suarez: It does say it pretty clearly. Mr. Fernandez: Of its members. Mr. Plummer: Of its members, of course. Mr. Fernandez: Right. Mr. Plummer: Non-members don't vote. Mr. Fernandez: That's right. Mr. Plummer: Hey, we'll live to fight that one another day, OK? -when it's more important. Mayor Suarez: From this point forward, and just if it's a simple question and if it's not complicated question, from this point forward, on any issues affecting the GSA Building, if the client that I represent is not involved in any of the soliciting groups, then I can vote. Mr. Fernandez: Of course. Mayor Suarez: Even though they were part of the process up to now and now are left out. Mr. Fernandez: Of course. Mayor Suarez: OK. Anything further? Mr. Plummer: Mr. Mayor, for the record. Mayor Suarez: Commissioner Plummer. Mr. Plummer: For the record, I think it is only right that since they are not here to stand before this public record and state they are withdrawing, I think that you should demand from them a letter... Mayor Suarez: Just get something in writing, yes. Mr. Plummer: ...in writing, stating that for the record. Mr. Fernandez: Correct. Mr. Plummer: OK? Mr. Fernandez: Correct. It will be done. Mayor Suarez: Let's get something in writing. That will be very helpful. ------------------------------------------------------------------------------ 25. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION PERMANENTLY PROHIBITING VEHICULAR ACCESS TO JEFFERSON STREET - at southerly side of intersection with S.W. 28 Street (See label 27). ------------------------------------------------------------------------------ Mayor Suarez: Item 17. Permanent prohibition of vehicular access on Jefferson, southerly side of its intersection with S.W. 28th Street. Mr. Plummer: No one here wants to talk on the issue? I can't believe it. Oh, you want to speak for or against? Robert Fitzsimmons, Esq.: Yes, for. Mr. Plummer: For. And there's no one here to speak against? I can't believe it. Mr. Fitzsimmons: This is not 28th Street now, this is Jefferson. In other words, it doesn't close 28th Street. I'm sorry. My name is Bob Fitzsimmons, I live at 2512 Abaco Avenue. This closure does not involve closing 28th A Street. That's the one thing I want to clarify. Mr. Plummer: OK, that's fine. Let me ask a question of public works. It was my understanding with any barricades, any, any, wherever they went, whether they were in the Grove or Belle Meade or wherever they go, that of the permanent installation kind, that there could still be access by police and fire over any kind of the barricade. Mr. Louis Prieto: Yes, that requirement exists. Mr. Plummer: Sir, have you been up on Aviation? Mr. Prieto: Yes. I Mr, Plummer: Can you envision going over one of those so called permanent barricades in a fire truck at 30 miles an hour? Have you, seen them? 103 October 12, 1989 Mr. Prieto: Yes, I have. Mr. Plummer: And you don't think that that is an impediment to take a fire truck over that barricade? Mr. Prieto: I agree, sir. Mr. Plummer: Well, why aren't you doing something about it? Mr. Prieto: We are, sir, we're trying... Mr. Plummer: When? Mr. Prieto: We have been in the last few days... Mr. Plummer: Well, why didn't you tell us that are getting thousands of phone calls a day telling us that this is all wrong and the City is screwed up and things aren't going right? I sure would - Mr. Manager, you know, I'm sitting there on the telephone stuttering for all of the phone calls that I'm getting because I very well recall that we made that statement that the emergency vehicles had to have access and I'm saying I don't know where or why. OK, look, as far as I'm concerned on 17, this gentleman is the only one that appears and for the record and he's in favor of it. I move seventeen. Mayor Suarez: So moved. Mr. Plummer: Now, who's paying for it? Mr. Fitzsimmons: We are paying for it and we have the money. Mr. Plummer: We, the neighborhood. Mr. Fitzsimmons: We, the neighborhood. Mr. Plummer: OK. Mayor Suarez: Do we have a second? If not, I'll second. Mr. De Yurre: We have a first and a second. Any further discussion? Call the roll. Ms. Hirai: Roll call, Mr. Plummer. Mr. Plummer: Yes. Ms. Hirai: Ms. Range. Ms. Range: I'm not ready, may I pass and you go to the others, let me read this. Ms. Hirai: Mayor Suarez. Mayor Suarez: Yes. Ms. Hirai: Vice Mayor De Yurre. Mr. De Yurre: No. Mayor Suarez: Do you want to table it for a couple of minutes, Commissioner? Ms. Ranges Yes, I'd like to because - I'm sorry, but I need to ask a question on it really. Mayor Suarez: Would you withdraw the motion in case we have to... Mr. Plummer: Withdraw the motion until Mrs. Range is ready. Mayor Suarez: We'll get right back to it. EVEN THOUGH A MOTION WAS MADE, COMMISSIONER PLUMMER WITHDREW OFFICIALLY HIS MOTION. (SEE LATER R-89-923) 104 October 12, 1989 I] 26. DISCUSS AND TEMPORARILY DEFER CONSIDERATION OF PROPOSED RESOLUTION WAIVING REQUIREMENTS OF RESOLUTION 87-1112 and accepted bid of Empire Electric, Inc. for the Lummus Park Lighting - 1989 Project (Sep label 29). Mayor Suarez: Item 18. Waiving requirements of resolution number 87-112, accepting the bid of Empire Electric for Lummus Park lighting. Ms. Range: I'll offer it. Mayor Suarez: So moved. Mr. De Yurre: Second. Mayor Suarez: Seconded. Any... Mr. Plummer: What kind of lighting? Is this for like an athletic field? Mr. Luis Prieto: This is a main panel and some security lighting. Mr. Plummer: Well, why are we trying to reinvent the wheel? Florida Power & Light sells what they call OPL, off premise lighting or - isn't that what it's called? I have them at my funeral home. I pay them X number of dollars a month. They install them, they maintain them and why are we, the City, going into the business of doing it... Mr. De Yurre: Well, let's look into one thing further, we're lighting up a number of parks at this point in time where FPL is putting up the lighting fixture. All we got to do is pay the electricity, basically. Mr. Plummer: No, in the energy bill, you are paying amortization on the cost of the pole and installation, I can tell you that. Mr. De Yurre: It's like $4.00, four dollars or something like that, it's a minimal cost. Mr. Plummer: You're paying more than that. Victor, I pay, just for your information, I pay $12.60 per pole, per light, but that does include maintenance and energy. I thinks it's $12.60 or $12.80 a month per pole. Mr. De Yurre: Well, and most of it is energy. Mr. Plummer: It's a hell of a lot cheaper. Yes, $8.00 of it is energy. Mr. De Yurre: Sure, that's the $4.00 I'm talking about. So it, you know... Mr. Plummer: I would strong... Mr. De Yurre: ...how many lights are we talking - how many poles are we talking about? Mr. Luis Prieto: Well, now this one is basically a main panel and some security lighting. It's not... I don't have the number of poles here right now. I can get back to you. Mr. De Yurre: Why don't we defer this for you to talk with FP&L to see what they can do for us, then if they can't do much for us, then we can bring it back. Mr. Plummer: Yes, and at the same time, I would ask the City Manager to tell me what our average monthly electric bill is. Mr. Prieto: On City lighting, sir? Mr. Plummer: On the City of Miami's average electric bill per month. Mr. Prieto: I think... 105 October 12, 1989 Mr. Odio: We're paying... Mr. Prieto: Five million dollars. Mr. Odio: Five million dollars a year. Mr. Plummer: A year. Mr. Odio: Yes, sir. Mr. Prieto: That's right. Mr. Plummer: You would think that a company that is receiving five million dollars a year would be more cooperative. Mr. Prieto: Yes, sir. Mr. Plummer: Are you sure that's all we're paying? Mr. Odio: I am. Mr. Plummer: Excuse me, the reason I'm asking, it was my understanding on street lighting alone... Mr. Prieto: Yes, street lighting. Mr. Plummer: ...we were paying over... Mr. Prieto: Four and a half on street lighting. Mr. Plummer: That's just street lighting. Mr. Prieto: Just street lighting, yes. Mr. Plummer: I'm talking about this building, the air conditioners, the Police Department. What do we pay Florida Power & Light a year? Mr. Prieto: I'll find out that for you, sir. Mr. Plummer: OK, and also then come back... Mr. Prieto: OK. Mr. Plummer: ...on the other side of the coin and tell me what they give us in a franchise fee. Mr. Prieto: Yes, sir, by the way, we're working on that. Mr. Plummer: You'd better do more than work and I'll tell you, I am not going to stand still when I know that Florida Power & Light does not have a single truck dedicated to street lights and we are paying them five million dollars a year and it takes complaint after complaint to get it fixed. Mr. Prieto: True. Mr. Plummer: You would think that a five million dollar customer would justify one truck with one technician that was looking after the matter. They don't have it. And I'm going to harass them until they do. 106 October 12, 1969 27. (Continued Discussion) MAKE FINDINGS - AUTHORIZE PERMANENT PROHIBITION OF VEHICULAR ACCESS TO JEFFERSON STREET at southerly side of intersection with S.W. 28 Street - Direct Administration to review alternatives in case necessary monies for barricades are not obtained (See label 25). Mayor Suarez: Am I to understand that item 17 is deferred? Ms. Range: No, not really, I... Mayor Suarez: It's just tabled until the Commissioner had enough time to look it over. Ms. Range: I'm ready. Mr. Plummer: Oh, I'm sorry, eighteen, I'm sorry. Eighteen is deferred? Mayor Suarez: Eighteen, we have... yes, on 17 - one at a time. On 17, we actually were calling the vote on it. Can we just complete it at that point? Ms. Range: May I, is it...? UNIDENTIFIED SPEAKER: Well... Mayor Suarez: Oh, yes, Commissioner, did you want to ask a question about it? Ms. Range: ...permissible that I might make a statement or ask a question on it? Mayor Suarez: Commissioner Range. Ms. Range: Now, it says that they're hereby directing the permanent prohibition of vehicular access. That means cars, trucks, emergency vehicles, nothing can go in there. Mr. Plummer: Pedestrians can. Ms. Range: Hmm? Robert Fitzsimmons, Esq.: No, ma'am. No, not emergency vehicles. Let me clarify, if I may, something that Commissioner Plummer mentioned. Mr. Plummer: Pedestrians can. Ms. Range: Oh, pedestrians. Mr. Fitzsimmons: Along Aviation there is two sides and two different people have been affecting the barricades. On our side, we did work with public works to have a median curb which is a roll over curb. Ours are not completed, there will be a berm of dirt behind it so that - and the trees will be a certain width apart so that a fire truck can go through it. So we have clarified with the Fire Department... Mr. Plummer: That's not her question. Mr. Fitzsimmons: Oh, I'm sorry. Mr. Plummer: The question is, is that all vehicles are prohibited but pedestrians can walk through. Mr. Fitzsimmons: Oh, yes, pedestrians can walk through. Ms. Range: But vehicles are prohibited. Mr. Plummer: That's correct. Mr. Fitzsimmons: Yes. Except there is a provision that there will be emergency vehicle access, that a police car... 107 October 12, 1969 I i l Mr. Plummer: Emergency vehicles. Ms. Range: Emergency vehicles can come through without any problem? Mr. Fitzsimmons: They can go up over it. It's a roll over curb so they can drive over it. Ms. Range: You know, about fifteen years ago, more than that, when they were completing the Martin Luther King Boulevard in the Liberty City section, something like this was done and was completed and it was not until a child almost choked to death that they recognized the fact that it isn't as easy for vehicular traffic to get over these boulders as we sit here and imagine it on paper. And as a result of it, we had to cut two streets so that an ambulance could get through and it's rather against my better thinking to vote yes on this. Mr. Fitzsimmons: Just briefly, the curb itself is the highest point. It's five inches above the pavement and .it's at about a 30 degree angle. So, it's not your typical curb, it's not a standard curb, it's a curb designed for vehicles to roll over. Ms. Range: All right, I just thought I'd make that observation. Mayor Suarez: OK, anything further from the Commissioners? Do we need to restate the motion? Mr. Plummer: I'll make the motion again to approve seventeen. Mayor Suarez: OK, and I'll second it. I seconded seventeen, item 17, the closure. Mr. Plummer: Let the record reflect to the Manager and public works this Commission's concern that those are and must be accessible to emergency vehicles. UNIDENTIFIED SPEAKER: They were designed by the City. They've been approved by the City. Mr. Plummer: My dear... Mayor Suarez: We'd better monitor the erection and building of them so that... Mr. Plummer: The ones I went by the other day and saw... UNIDENTIFIED SPEAKER: On Aviation? Mr. Plummer: Yes, ma'am. UNIDENTIFIED SPEAKER: Or the ones that Johnson's building? Mr. Plummer: I'm talking about on Aviation. I would not want to drive over it in a fire truck. Mayor Suarez: Could be something that creates a problem, a hazard. Mr. Plummer: So, just admonishing. Mr. De Yurre: Any further discussion? Call the roll. October 12, 1909 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-923 A RESOLUTION MAKING FINDINGS, AND DIRECTING THE PERMANENT PROHIBITION OF VEHICULAR ACCESS TO JEFFERSON STREET AT THE SOUTHERLY SIDE OF ITS INTERSECTION WITH SOUTHWEST 28TH STREET IN THE CITY OF MIAMI, FLORIDA, PROVIDED THAT THE CONDITIONS CONTAINED WITHIN THIS RESOLUTION ARE MET; AND DIRECTING THE ADMINISTRATION TO REVIEW OTHER ALTERNATIVES IN THE EVENT THE REQUIRED MONIES FOR THE BARRICADES ARE NOT OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller Dawkins Mayor Xavier L. Suarez NOES: Commissioner M. Athalie Range Vice Mayor Victor De Yurre ABSENT: None. COMMENTS MADE DURING ROLL CALL: Ms. Hirai: Oh, I'm sorry, Commissioner Dawkins, I was not - I didn't see you. Mr. Plummer: Ha, ha, the wisdom of Solomon. Ms. Hirai: He votes yes. Is your mike on, sir? Mayor Suarez: OK, item.... Mr. Dawkins: Yes, yes, yes, yes. 28. BRIEF DISCUSSION: PRIORITIZING OF PERSONAL APPEARANCES IN COMMISSION MEETING AGENDAS. Mayor Suarez: Item 18. Let me announce that on the personal appearances, the chair is - on the chair's prerogative and I think the good functioning and logical functioning and, hopefully, the Commission will back me on this so the City, that we will take as the first item on a personal appearance is the ad hoc committee's report. It is a duly constituted committee of City of Miami where Father Barry and some other members are doing extremely important work to our City and to our future and I don't think they should have to wait till... Mr. Plummer: Charity starts at home. Mayor Suarez: ...actually, I think you were placed almost at the end. I don't really know why they should have been the first item under personal appearances. Perhaps Aurelio, when he structures the agenda, Mr. Manager, could be instructed to put first under personal appearances those that have to do with City composed committees, particularly of that kind of importance. 109 October 12, 1989 ------------------------------------------------------------------ ------------- 29. (Continued Discussion) DEFER PROPOSED RESOLUTION WAIVING REQUIREMENTS OF RESOLUTION 87-1112 - accepting bid of Empire Electric, Inc. for Lummus„ Park Lighting - 1989 Project (See label 26). ------------------------------------------------------------------------------ Mayor Suarez: Item 18. What did we finally decide to do on that? - Commissioner, Mr. Vice Mayor, you were moving to defer action on that? Mr. De Yurre: Defer that item until we get in contact with FP&L and see what they can do for us. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 89-924 A MOTION TO DEFER PROPOSED RESOLUTION REQUESTING WAIVER OF REQUIREMENTS UNDER RESOLUTION 87-1112 AND FOR ACCEPTANCE OF BID FROM EMPIRE ELECTRIC, INC., (FOR LUMMUS PARK LIGHTING-1989) UNTIL THE CITY CAN MEET WITH FLORIDA POWER AND LIGHT OFFICIALS IN ORDER TO ASCERTAIN WHAT FPL CAN DO CONCERNING ITS PRESENT LEVEL OF SERVICES TO THE CITY. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 30. APPOINT INDIVIDUAL TO CITY OF MIAMI HEALTH FACILITIES AUTHORITY (Appointed was: Maria Alonso Martinez). ------------------------------------------------------------------------------ Mayor Suarez: Nomination that is under the discretion of Vice Mayor De Yurre at nineteen for the Health Facilities Authority. Do you have one? If not, we'll go on to the next item. Mr. De Yurre: I'd appoint Maria Alonso Martinez. i iMayor Suarez: For Maria Alonso Martinez, we have a nomination. Do you a second? I Mr. Dawkins: Second. i Mayor Suarez: Seconded. Any discussion? Call the roll. Mr. Plummer: I will not ask the question. ` Mayor Suarez: It's not related. 110 October 12, 1989 The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-925 A RESOLUTION APPOINTING ONE INDIVIDUAL AS MEMBER OF THE CITY OF MIAMI, FLORIDA, HEALTH FACILITIES AUTHORITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: I know what you're thinking, but I don't think she's related. 31. APPOINT INDIVIDUAL TO SERVE ON THE PLANNING ADVISORY BOARD (Appointed was W. Tucker Gibbs). ------------------------------------------------------------------------------ Mayor Suarez: Item 20, appointing an individual to serve as a member of the Planning Advisory Board. Mr. Plummer: Who's is it? Mayor Suarez: This is my appointment and the former member was - passed away, is that correct? Mr. Plummer: Who? Mayor Suarez: And I guess this is an appropriate time to... Mr. Plummer: Who? Mayor Suarez: ...thank him, posthumously, for his service on this board and to express in the appropriate way, Mr. Manager, to his family or any surviving members of his family, the appreciation of the City for his serving on this important board. I nominate Tucker Gibbs and I'll entertain a second on this. Mr. Dawkins: Second. Mr. Plummer: Who? — Mayor Suarez: Tucker Gibbs. Mr. Plummer: Oh. Good. Second. Mayor Suarez: Call the roll. Thank you, call the roll. i Mr. Plummer: Call the roll. ill October 12, 1909 The following resolution was introduced by Mayor Suarez, who moved its adoption: RESOLUTION NO. 89-926 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER ON THE PLANNING ADVISORY BOARD OF THE CITY OF MIAMI, FLORIDA, TO SERVE A TERM ENDING DECEMBER 31, 1989. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 32. APPOINT MEMBER TO BOARD OF TRUSTEES OF CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST (Appointed was: Marshall Barry). Mayor Suarez: Item 20, confirming the reappointment of Marshall Barry to City Firefighters and Police Officers Retirement Trust Board. Mr. Plummer: Move it. Mayor Suarez: Moved. Second it, somebody? Seconded, Commissioner Range. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-927 A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF TRUSTEES OF THE CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST AS PROVIDED FOR BY CITY OF MIAMI ORDINANCE NO. 10002, APPEARING IN THE CITY CODE AS SECTIONS 40-201 AND 40-202 FOR A SPECIFIED TERM OF OFFICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Range, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L.-Suarez NOES: None. ABSENT: None. 112 October 12, 1989 33. APPOINT MEMBER TO BOARD OF TRUSTEES OF CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST (Appointed was: Jesse Diner). ------------------------------------------------------------------------------ Mayor Suarez: Number 22, confirming the reappointment of Jesse Diner to the City Firefighters and Police Officers Retirement Trust Board. I'll entertain a motion on that. Mr. Plummer: What's the name? Mr. Odio: Jesse Diner. Mayor Suarez: Jesse Diner. Mr. Plummer: That's who they've recommended? Mr. Odio: Yes. Mr. Plummer: So move. Mayor Suarez: So moved. Mr. Dawkins: Second. Ms. Range: Second. Mayor Suarez: And seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-928 A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF TRUSTEES OF THE CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST AS PROVIDED FOR BY CITY OF MIAMI ORDINANCE NO. 10002, APPEARING IN THE CITY CODE AS SECTIONS 40-201 AND 40-202 FOR A SPECIFIED TERM OF OFFICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range j Commissioner Miller Dawkins i Vice Mayor Victor De Yurre iMayor Xavier L. Suarez NOES: None. ABSENT: None. 113 October 12, 1989 34. CREATE THE INTERIM STREET CODESIGNATION ADVISORY COMMITTEE - Set purpose/function - Appoint members (Appointed were: Obdulio Piedra, Armando Bucelo, Sr., Timothy Barket, Rev. Richard Dunn [Note: Commissioner Dawkins's appointment still to be made] - See .label 59B. ------------------------------------------------------------------------------- Mayor Suarez: Creating the interim street co -designation advisory committee, setting forth its purpose and function. I'll entertain a motion and we each are supposed to name one individual to it. Thank God, we have some board that will handle some of these street designations so we don't have to. Mr. Plummer: I'll nominate Lee Barkett. Mayor Suarez: Which Barkett? -Lee? Mr. Plummer: Lee, George's son. I think it's Lee. Mayor Suarez: I know John and I know George, now Lee, OK. Mr. Plummer: Who's the one that's now the lawyer? Mayor Suarez: John is a lawyer, a young lawyer. Mr. Plummer: Just became? Mayor Suarez: But he's not George's son, he's George's nephew, so Lee may be another member of the family. Anyhow, we've got a Barkett nominated. Mr. Plummer: I might correct the first name. Mayor Suarez: OK. Mr. Plummer: Yes, blank Barkett. Blank Barkett. Mayor Suarez: I'll nominate Obdulio Piedra. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Vice Mayor nominates none. Mr. De Yurre: No, no, I'll nominate somebody. I'll nominate Armando Bucelo, Sr. Mayor Suarez: Armando Bucelo, Sr. Any other nominations? If not, we'll leave those, the other ones to be nominated in writing at a later time and take these up in a motion at this point. Mr. Jorge Fernandez: Mr. Mayor. Mayor Suarez: No... Mr. Fernandez: You should know that the purpose of this committee is to look at the standards and at the requirements and then come back to you at a later time for passage of an ordinance officially establishing then the committee who will be doing the work. Mayor Suarez: Very good. Ms. Range: I'd just like to go and make one nomination now. Mayor Suarez: Yes, Commissioner Range. Ms. Range: Reverend Richard Dunn. Mayor Suarez: Reverend Dunn, we've got four nominations and I'll entertain those in the form of a motion. Mr. Plummer: Do I hear five? 114 October 12, 1909 Mayor Suarez: Move it, please. Salary cap set at zero. We have a motion. Mr. De Yurre: Second. You have a motion? I'll move it. Move it, second. Mr. Plummer: Second. Mayor Suarez: Call the roll. Thank you. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-929 A RESOLUTION CREATING THE INTERIM STREET CODESIGNATION ADVISORY COMMITTEE; SETTING FORTH ITS PURPOSE AND FUNCTION; AND APPOINTING MEMBERS TO SERVE ON SAID COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Item 24, appointing members... Mr. Dawkins: I'll make my appointment in writing, Mr. Mayor. Mayor Suarez: To the Downtown Development Authority. Is that on 23, Commissioner, or on twenty... Mr. Dawkins: On 23. 35. APPOINT MIRTA (MIKKI) P. CANTON AND LOURDES (LULI) A. LANDIS TO BOARD OF DIRECTORS OF DOWNTOWN DEVELOPMENT AUTHORITY. Mayor Suarez: OK. On 24, we have... Mr. Plummer: I nominate Mickey Canton. Mayor Suarez: OK, so moved. And... Mr. De Yurre: I nominate Lourdes Landis. Mayor Suarez: And Lourdes Landis. Presumably these were to replace people that... actually, one of them, I think, was to replace my appointment and you went ahead and took that. All right. I'll entertain a motion on these. Mr. De Yurre: Moved. Mr. Plummer: Second. Mayor Suarez: Call the roll on 24. 115 October 12, 1909 ■ The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-930 A RESOLUTION APPOINTING MIRTA (MIKKI) P. CANTON AND LOURDES (LULI) A. LANDIS TO THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR TERMS EXPIRING JUNE 30, 1991 AND JUNE 30, 1992 RESPECTIVELY. (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 J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Both of these appointments are women? Mr. Plummer: Excuse me, no, wait a minute... Mr. Dawkins: Yes. Mayor Suarez: That helps. Mr. Plummer: ...you know, I'm going to fight for my appointment be the '92 rather than '91, it's not designated. Is there any way that that's done? Mr. Fernandez: Well, my understanding, Mr. Mayor, is that there are really no specific appointments. These are the recommendations of the DDA to you and you ratify... Mayor Suarez: Right, as to 21 of the members. Mr. Plummer: But who gets the one year and who gets the two years? Mr. Fernandez: But, my impression is that... Mr. De Yurre: Well, Lourdes is replacing Salum, so whatever he's got, that's what she gets. Mr. Plummer: OK, that's fair. That's fair. Mayor Suarez: No, the last eight, Mr. City Attorney... Mr. Fernandez: Yes. Mayor Suarez: ...were done two per Commissioner and I was excluded because presumably I had enough... Mr. Fernandez: You have Mr. McGee going out and Mr. Salum. Now, what needs to be determined is whether they fit within the last eight or within the first 21. If they're within the first 21, it's really nobody's appointment, it's the board's recommendations.... Mr. Plummer: Well, what did Mr. McGee, when did his term end? Mayor Suarez: Mr. McGee was my nominee and he was not within the eight, but I otherwise... Mr. Plummer: Is he 191 or 1927 116 October 12, 1989 :7 W Mr. Fernandez: Ninety-two for Lourdes Landis and 191 for Mirta Canton. That's the way the resolution reads. Mr. Plummer: That's the way it should... well, it doesn't read that way. Mr. Fernandez: Yes, well, the actual body of the resolution reads that way. Mr. Plummer: Oh, fine. That's the way it should be. Mr. Fernandez: Appointing Mirta Canton for a term through June of 191 and Lourdes Landis for a term through June of 192. Mr. Plummer: That's fine. 36. APPOINT INDIVIDUAL TO MIAMI WATERFRONT ADVISORY BOARD (Appointed was: Dova Cauthen). Mayor Suarez: Item 25, Miami Waterfront Advisory Board, Commissioner Range's appointment. Mr. Plummer: Wait, but you got to vote on it, don't you? Ms. Range: Yes, I'm nominating Dova Cauthen - is that Cauthen? Mayor Suarez: Cauthen. Ms. Range: C-A-U-T-H-E-N and - oh, no, I have only one. Mayor Suarez: They're nodding, they're happy: Mr. Plummer: Is there just one open? Ms. Range: Yes. Mr. Odio: Yes. Mayor Suarez: OK, so moved. Do we have a second? Mr. Plummer: Second. Mayor Suarez: Call the roll on Miss Cauthen - Miss Cauthen. The following resolution was introduced by Commissioner Range, who moved its adoption: RESOLUTION NO. 89-931 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE ON THE MIAMI WATERFRONT ADVISORY BOARD, FOR THE REMAINDER OF A TERM OF OFFICE EXPIRING SEPTEMBER 8, 1991. (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 J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 117 October 12, 1989 37. APPOINT INDIVIDUAL TO MIAMI RIVER COORDINATING COMMITTEE (Appointed was: Louis Waldmann). Mayor Suarez: And Miami River Coordinating Committee, Commissioner Range. Ms. Range: Also my appointment. Louis Waldman. Mayor Suarez: Louis Waldman. Mr. Jorge Fernandez: Yes. Mr. Plummer: Is that just one? Mayor Suarez: Louis Waldman, in the form of a motion. Ms. Range: Yes, that's just one. Mr. Plummer: Second the motion. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Range, who moved its adoption: RESOLUTION NO. 89-932 A RESOLUTION APPOINTING AN INDIVIDUAL TO THE MIAMI RIVER COORDINATING COMMITTEE TO SERVE THE REMAINDER OF A SPECIFIED TERM OF OFFICE, DUE TO A VACANCY ON SAID COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Item twenty... Mr. Plummer: Mr. Mayor, on item... Mayor Suarez: ...seven. Mr. Plummer: ...three... Mayor Suarez: Oh, Commissioner Plummer. Mr. Plummer: On item 23, the name is Timothy J. Barkett. Mayor Suarez: Tim Barkett. OK, that adds to the roll of Barketts serving the City. NOTE FOR THE RECORD: Commissioner Plummer clarified that Timothy Barkett is the correct name of his appointee to the Interim Street Codesignation Advisory Committee. 118 October 12, 1989 ------------------------------------------------------------------------------ 38. CONTINUE PUBLIC HEARING CONCERNING ISSUANCE OF R.F.P. - for development of restaurant and proposed marine service uses on City -owned property at 3601 Rickenbacker Causeway ("Virginia Key Basin Property") - in order to obtain appraisals, select certified public accounting firm, determine fair return to the City, etc. ------------------------------------------------------------------------------- Mayor Suarez: Item 27, authorizing the issuance of a unified development request for proposal for City owned property located adjacent to 3601 Rickenbacker Causeway, Virginia Key basin property. Is this the marina? Mr. Odic: This is the property next to the stands of the Marine Stadium that goes to the inlet. Mr. Plummer: OK, question, Mr. Manager, what does this, if anything, do into running the regatta? Mr. Odio: It would be in the contract that those dates will be reserved and that would... Mr. Plummer: Thank you, sir. And this is property that is presently not under any lease or contract with any end of it. Mr. Odio: It is under lease and the lessor - Zamora, Tony Zamora, proffered the property for us to go out on a UDP. Once that is done, then if we get bidders, then we have to sit down and negotiate that part out with them. Mr. Plummer: Oh, he is willing to give... Mr. Odio: Yes. Mr. Plummer: OK. And, just basically, is it the same property that is - presently encumbered in his lease? -or is it more? Mr. Odio: Yes, it is. It is the property encumbered under his lease. Mr. Plummer: The same property. Mr. Odio: Yes. Mr. Plummer: OK. Mayor Suarez: OK, I'll entertain a motion on 27. Mr. Plummer: So move. Mayor Suarez: Moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion on 27? Mr. Jorge Fernandez: This is a public hearing, Mr. Mayor. Mayor Suarez: Anyone from the general public wish to be heard on 27? Let the record reflect, no one stepped forward except for Jack Luft who presumably is not from the general public. Mr. Odio: Who is not going to say anything. Mr. De Yurre: For discussion purposes. Mayor Suarez: Mr. Vice Mayor. Mr. De Yurre: Who recommends and what procedure is there to get the professionals involved in this, such as CPA firms and things of that nature? Mayor Suarez: Good question. 119 October 12, 1989 Mr. Fernandez: The code provides for it. steps are clearly delineated there. It's a UDP process and all the Mr. De Yurre: Well, what was the process to select Sharpton Brunson, along with Aldo Lastra? Ms. Arleen Weintraub: The process for CPA firm selection is that we send out a letter to all the accounting firms locally and work with Adrienne Macbeth to be sure that all the minority owned firms and women get the solicitation and then they submit back to us qualifications and the City Manager appointed members to a committee. The committee was made up of staff, one member from the Department of Development, one member from the Finance Department, and Adrienne Macbeth and that recommendation went to the City Manager based on the qualifications and then that recommendation is before you today to select that accounting firm. Mr. Plummer: Wait a minute, I'm sorry to differ with you and if I differ it's because of the papers supplied by the Manager. I find no one on that committee from Finance. Ms. Weintraub: I was describing the selection process for the recommendation of the CPA firm only. The review committee is different. Mr. Plummer: Well, excuse me, why... it would seem like to me, CPAs have a lot to do with finance. Ms. Weintraub: Yes. Mr. De Yurre: Well, I don't mind voting for this but I want to exclude the process of the selection of the professionals that are involved in this. I want to get some more detail as to what the procedure was. Ms. Weintraub: OK, that was the procedure. Mr. De Yurre: Who gets these letters... Ms. Weintraub: All the... Mr. De Yurre: ...and who the persons are. Not the departments they're coming from, but who they actually are that are involved in the process. Ms. Weintraub: The ones that submitted back to the City? Mr. De Yurre: No, no, no. The people that are in the selection process, that are selecting. Ms. Weintraub: Would you like me to tell you now or would you like me to put that in writing? Mr. De Yurre: No, I want a report. Mr. Plummer: How many CPA firms were interviewed or talked to? Ms. Weintraub: I believe there were four or five on this item. Jack, do you have the item? We sent out approximately 40-43 letters to the list that we have provided to us, as I explained by Adrienne. Mr. Plummer: Of CPA firms? _ Ms. Weintraub: Right, I'm only speaking about the accounting firm selection. And, in response to that, we received four on this submission; four different accounting firms presentations back to us and then looking at those four, it was recommended to select, or to recommend, this firm in front of you. Mr. Plummer: Approximate, what kind of a fee are they looking at? Ms. Weintraub: This does not include the fee. It depends on the number of proposals that would eventually come back and also the magnitude of the project. Mr. Plummer: I'm assuming you have established a cost factor of the fee for... 120 October 12, 1989 Ms. Weintraub: On this one, I would estimate it would be about fifteen thousand. Mr. Plummer: One, five. Ms. Weintraub: Correct. It would depend on the number of proposals to be reviewed, but what it usually amounts to is the accounting firm negotiates with the City that they will analyze up to a certain number of proposals and that's usually five or six. We don't expect to get beyond five or six proposals, if that, for this UDP project. Mr. Dawkins: That's right. Amen. Mr. Plummer: No, we don't have to select today. I mean, we don't have to select a CPA firm today... Ms. Weintraub: Yes. Mr. Plummer: ...that's your recommendation. We can select anybody we want. Ms. Weintraub: We're recommending it. Mr. Odio: You can select any firm that you want. Mr. Plummer: Of course. Mayor Suarez: We're looking at the UDP ordinance. Mr. City Attorney, are we OK on it if we leave that to be determined at a later time? Ms. Weintraub: This is the same issue. Mr. Jorge Fernandez: Yes, so long as you continue the public hearing which is being held right now on this item so that there is no need to readvertise this public hearing. But the selection of a certified public accounting firm should be one of the items that's passed, together with this resolution, to get the UDP process started. Mayor Suarez: In the same public hearing. Mr. Fernandez: Yes. Mayor Suarez: So this one would have to be continued as to that issue. Mr. Fernandez: Yes. Mayor Suarez: All right. Mr. Plummer: Question. Who is the appraiser? Ms. Weintraub: Appraisals have not been ordered for this project yet. Mr. Plummer: And when is that going to be done? How are we going to know what is a fair return to the City without an appraisal? Ms. Weintraub: It would coincide prior to selection of an ultimate proposal. This kicks off the UDP process. Mr. Plummer: Wait a minute, wait a minute, excuse me... Ms. Weintraub: Then are 90 days to come back with proposals. Mr. Plummer: If, in fact - Mr. Manager, tell me where I'm wrong... Mr. Odio: You're wrong, it has to.... Mr. Plummer: That's fine. My first mistake I made was voting for you. Mr. Odio: I know, let me... Mr. Plummer: The second mistake was listening to you. Mr. Manager... 121 October 12, 1989 Mr. Odio: The third is that we have to... Mr. Plummer: The UDP asks for a minimum guaranteed return. Mr. Odio: We have to get permission first to go out on a UDP process. Mr. Plummer: You are going out now... Mr. Odio: OK, now then... Mr. Plummer: ...right now, with a UDP. Mr. Odio: Not unless you say so. Mr. Plummer: OK, assuming that's what you're asking us to do. Mr. Odio: If you said yes... Mr. Plummer: OK. Mr. Odio: ...then we'll go out and appraise it and get a fair return. Mr. Plummer: If, in fact, you are asking for, in this UDP, a minimum guarantee, you don't know what a fair return to the City is. We got in the same bind in Dinner Key. I say you've got to establish a minimum guarantee return to the City which is in the UDP that says your minimum guarantee can be no less than. Mr. Odio: If I contract appraisals and I spend the money on appraisals and then I come to you and say, "Can I do this?", and you say, "No," we have wasted the money on the appraisals. Mr. Plummer: Sir, we"re not saying no because you asked us to tentatively approve this months ago which we did. Mr. Odio: I have to make sure you approve it. You never know and... Mr. Plummer: I'm saying - look, I'm saying to go out with a UDP... Mr. Odio: Then I'll get the appraisals and we'll come back to you. Mr. Plummer: ...without knowing what the minimum guarantee is, which has always been established as the fair return to the City or more... Mr. Odio: We'll have to come back to you to set the minimum criterias. We have to come back. We're not awarding a contract, we're just saying, can we do this, can we start this process? Mr. Plummer: We told you that months ago. Mr. Odio: Can we hire the CPA? And then, when that is approved, then we'll spend money on the appraisals and we can start tomorrow. Mr. De Yurre: We have to get appraisers that can do a quicker job. You know, they've taken forever with the specialty center over on S.W. 8th Street. Mr. Odio: Yes. Well, you're approving today the expenditure so you have to spend that and we should get it within 30 days now. Mr. Plummer: Well, let me ask you this. What do you think, ball park figure, is a fair return to the City? Mr. Odio: You know something, Commissioner, in that piece of property, which is the one - I think you're very familiar with it... Mr. Plummer: Of course I am, 19 years I put on the boat race there. I know every rock over there. Mr. Odio: I really, honestly don't know. If you compare to the Rusty Pelican, I would say $700,000 a year would be a good figure. But I really don't know if being into the inlet what returns we can get there. From experiences around the area, I would say that between six and seven hundred thousand a year would be a minimum. 122 October 12, 1909 Mr. Plummer: Well, so that we don't hold up the UDP, would it be fair to the bidders to establish that figure no less than seven hundred thousand? Mr. Odio: Say $500,000. See, the Rusty... Mr. Plummer: Wait a minute, you just went from seven to five. Mr. Odio: No, because you see, the Rusty Pelican, which I'm comparing it to, is in a prime piece of property. This one is further in. Mr. Plummer: My area of concern is the charter amendment. Mr. Odio: Right. Mr. Plummer: The charter amendment says that it must be a fair return. Mr. Odio: Correct. Mr. Plummer: If we put in there five hundred thousand and the auditors come back and say seven hundred thousand is a fair return, then that already establishes the minimum. Mr. Odio: But I say put a minimum of. If you use the word minimum of... Mr. Dawkins: Put a minimum of a million dollars and you can come down. Ain't no problem. Mr. Plummer: Can you do that? Mr. Odio: A million dollars? You're not going to get.... Mr. Dawkins: And then whenever they come in at you, we can negotiate... I'd rather negotiate down than try to negotiate up. Mr. Plummer: Do you understand what I'm saying? Mr. Odio: ...can negotiate down. Mayor Suarez: Why wouldn't we have the benefit of all the appraisals and all of that before setting the amount? Mr. Plummer: That's what I asked and we don't have it. Mr. Odio: That's what we're trying to do. Mr. Plummer: You know, that's what establishes the minimum criteria. Mr. Odio: I'll be glad to get the appraisals and then... Mayor Suarez: Oh, because the UDP is not the same ordinance as the charter provision that requires... Mr. Odio: That's right, that's right. UNIDENTIFIED SPEAKER: That's right. Mr. Plummer: Waterfront. Mr. Odio: That's correct. Mayor Suarez: ...for a waterfront lease that - and is this a long term lease that falls under that charter provision? Mr. Odio: It's negotiable, terms. Mr. Plummer: It's negotiable. Mr. Odio: As it is, but you can never negotiate down, Commissioner, you have to negotiate up. Mr. Dawkins: Yes, but, well, but I'm negotiating... 123 October 12, 1989 Mr. Plummer: Whoa, whoa, whoa, whoa. I don't agree with that statement. Mr. Odio: Down? Mr. Plummer: We can always give them less, we cannot give them more than what was advertised. Mr. Odio: No, no, if you asked for a million dollars minimum and somebody comes in with a bid of seven hundred, you have to reject it. Mayor Suarez: Yes, because they haven't met the requirements of the RFP. Mr. Plummer: Oh, if it's minimum, yes. Mr. Odio: That's what I'm saying. Mayor Suarez: We can negotiate up but not down. Mr. Dawkins: Well, then, why would I want to give him five hundred thousand when the Rusty Pelican is already paying me seven hundred thousand? Mr. Odio: No... Mr. Plummer: Can we... let me ask you this. Can we issue the UDP now with explicit instructions to bidders that we will give them the minimum guarantee as soon as we have the appraisals back so that we don't slow the process down? Mr. Odio: Yes. Mr. Plummer: Is that possible? Mr. Odio: Yes. Mr. Plummer: That's fine. Under those circumstances, I don't want to lose any more revenue than I can and I'm going to ask the next question. Mr. Manager, why is it going to take you - hello? Mr. Odio: Yes, sir. Mr. Plummer: Why is it going to take you till May of 1990 to come back to this Commission? Mr. Odio: You have to advertise, it takes 90 days... Ms. Weintraub: Ninety days. Mr. Odio: Correct me because I'm using memory... Ms. Weintraub: That's right. Mr. Odio: Ninety days to get all the replies back, then it takes another 90 days to get the selection committee to review all the bids and then you have to come back to the City Commission for approval. That's what... Mr. Plummer: I will move item 27 with the proviso that says that this City, at a later date, will establish the minimum guarantee predicated on the appraisals showing the fair return to the City. Mr. Fernandez: Well, but the only problem with that then is that, really, the RFP cannot go out because you need to be very certain into the terms that you put out there so that members of the public know what they can aspire to. Mr. Odio: Because what I'll do, I'll get the appraisers right away and then send the RFP out. That's OK. We won't advertise until the 27th. Mr. Plummer: Can you have the appraisals back by the 16th of next month? Mayor Suarez; By the 16th of what month? -of November? Mr. Plummer: November. 124 October 12, 1909 • !I Mayor Suarez: Of course you can have the... Mr. Odio: Appraisals? Mayor Suarez: Yes, of course you... I want to put an ad... I think I'll pay for an ad in the Miami Herald telling people that we're .looking for appraisers that can come back to us within a month and four days and I'm sure we're going to get all kinds of interested appraisers. Mr. Odio: If you approve the appraisals now, then I don't have to come back to the City Commission for approval of the contract with the appraisals, then we save thirty days. Mr. Plummer: No, you see, I'm not going to let you do that. Let me tell you why. Mr. Odio: Huh? Mr. Plummer: No, no, no, no. When you came at me the other day, you brought me two appraisals in the neighborhood of $15,000 and there was $8,000 difference for the two appraisals on the same property. Mr. Odio: That's the way they bid it. Mr. Plummer: Well, then the hell with them. Mr. Odio: Well, tell me if you want appraisals right away... Mr. Plummer: Don't we have an established list that we rotate appraisers? Mayor Suarez: We have a list. Mr. Odio: Yes. We do not rotate the appraisers, but we have a list of qualified appraisers. Mr. Plummer: I thought we had a list of acceptable appraisers. Mr. Odio: That is a good idea. Mr. Plummer: And it rotated. Mr. Odio: It might be a good idea to do that and then have established - yes, that would be easier for us. But, as it is... Mayor Suarez: Well, it's not a strict rotation, but you have been, at least informally, you know, skipping around. You don't go back to the same one every time. You try to find the one that is most suited to that particular job depending on the complexity and whether it's commercial or... Mr. Odio: But if you approve the appraisals today, Mr. Mayor, then we can have it back by the 16th. Mr. Plummer: We will approve the appraisals to allow you to go out and solicit the appraisals. Mr. Odio: Then we cannot have an appraised fair market value of the property by November 16th, no. Mayor Suarez: You mean, we - you want us to approve the appraisers, you mean the appraising entities, or companies. Mr. Plummer: All right, let me ask another question. Give me the approximate projected cost of the appraisal. Mayor Suarez: I would be ready to let you choose the appraisers, actually, from the... Mr. Plummer: Wait a minute... Mr. Odio: Ten thousand dollars. Mr. Plummer: Ten thousand dollars. 125 October 12, 1989 Mayor Suarez: From the established list. Mr. Plummer: If you can get two appraisers to do the appraisals for less than $10,000 each, you proceed. Mr. Odio: I will try. Mayor Suarez: I'm sure you can find them. Mr. Plummer: In 30 days. Mayor Suarez: I'm sure you can find them. Mr. Odio: Well, we'll try. Mr. Plummer: OK? Mr. Odio: Fine. Mayor Suarez: OK, is that all part of the motion? Mr. Plummer: Yes, sir. Mayor Suarez: Do we have a second? Mr. Fernandez: Mr. Mayor, I just want some clarification. There are three things that you need to do. Mayor Suarez: Yes, why don't you clarify what the... Mr. Fernandez: In passing this resolution, you're first of all, understanding' that the RFP for this UDP contemplates the four phases of planning and design construction, leasing and management. Number two, that the appointment of the certified public accountant is part of it and, thirdly, that you accept the appointments of the Manager to the selection team, made up both of members from the public and City employees. That's the action that you're taking by passing... Mr. De Yurre: No, I don't want to take that action. Mr. Fernandez: OK, so then let's be clear on what you're voting. Mr. De Yurre: I want the CPA aspect out of it. Mayor Suarez: How did we end the discussion on the CPA so that the item could be...? Mr. Plummer: That was to be resolved at a later date. Mr. De Yurre: I want a report knowing who, exactly, they've sent the notice to... Mayor Suarez: We would continue... I remember now, we would continue the public hearing on that issue with the understanding that we have passed today a selection mechanism or how do we have to do it? Mr. Odio: Went through a selection process to pick the CPA. Four bidded on the project and this was the one selected by the selection committee. Mr. De Yurre: I know that, but I want to know who they mailed the notices to inviting them to bid. Mr. Plummer: Forty of them. Mr. De Yurre: I want to know who is involved in the selection process. Who selects them and all that kind of good stuff. Mr. Odio: We'll turn a report on that. Mr. De Yurre: OK, thank you. Mr. Plummer: Who is Ana Gelabert? Mr. Odio: Ana Gelabert works for the Planning Department, I believe. Mr. Plummer: And what qualifies her to be on this committee? Mr. Odio: Probably - I think she's an architectural... Mr. Jack Luft: She's a registered landscape architect in the State of Florida, which we need. Mr. Plummer: But, I mean, are we looking for landscaping architects? Is that... Mr. Luft: There's a... Mr. Plummer: You know, you have nobody on here that is marine related or water related and, to me, that's important. Mr. Odio: Who would you like to change from here? Mr. Plummer: I'm just asking. Mr. Odio: No, if you... Mr. Plummer: I think Al Ruder is very much so. He is parks and the marine stadium. Mr. Odio: Well, Dick Briggs... Mr. Plummer: Adrienne Macbeth, very good. I'm talking from the City standpoint. Mr. Odio: OK. Mr. Plummer: I would like to see somebody, if this Ana Gelabert has marine related water experience, fine, but not landscape architect. We're not going into landscaping, we're going into a development. Mr. Odio: Well, landscape architects have a lot of common sense. Mr. Luft: She helped do the Virginia Key master plan. Mr. Odio: OK. Mr. Luft: All right? Mr. Odio: She did all the master plan in... Mr. Plummer: Yes, but that doesn't... Mr. Odio: OK, I... who do you want? Mr. Plummer: It's not who I want. I want the best person qualified, now who is treat? Mr. Odio: Ana Gelabert is very qualified. Mayor Suarez: Mr. Manager, I'll tell what, why don't you get the Waterfront Board to give you a recommendation on that... Mr. Odio: No, we're talking from a staff member. This is City staff. Mr. Plummer: I have no truck with the... Mayor Suarez: Who do you recommend? Maybe the Waterfront Board knows which... Mr. Odio: I recommend Ana Gelabert. j Mr. Odio: She's very qualified. Mayor Suarez: All right, we're not going to be able to get into the business of telling the City Manager what persons to put on the selection committee... Mr. Plummer: I don't know her. Mr. Odio: I do. Mayor Suarez: ...unless you have a particular objection to somebody, Mr. Plummer. We've got to move... Mr. Plummer: No, the others, Mr.... I don't know this Robert Zullo, Z-U-L-L- 0. Why an operator of the Firehouse Restaurant qualifies him to be on this board. Mr. Odio: Because we're going to operate a restaurant there or whoever is going to operate a restaurant there. Mr. Plummer: Oh. Mayor Suarez: Oh, that's the operator of Firehouse Four Restaurant? Mr. Odio: We need somebody that knows something about restaurants. Mr. Plummer: OK, all right, all right. I don't know the gentleman. Mr. Odio: Mr. Zullo. Mayor Suarez: We need a restaurant operator. We need a funeral director too. In case the whole thing fails. Mr. Odio: I'll appoint Athalie Range. Ms. Range: Yes, but I'd be Mayor Suarez: We've got a lot of choices up here. Mr. Plummer: We'll codesignate. Mayor Suarez: All right. Mr. Fernandez: Mr. Mayor. Mayor Suarez: Yes, Mr. City Attorney? Mr. Fernandez: You should be very clear that nothing can be published or nothing would be going out by way of RFP unless or until you close the public hearing on this item and you have made all the appropriate decisions as to return to the City and as to the public accounting firm. Mayor Suarez: Well, the only thing I can propose then... well, on one of those, I thought you had resolved that. On the CPA and everything else and proposes that the Vice Mayor take a little bit of time and we table the item until later on today so we... Mr. Odio: May I....? Mayor Suarez: Yes, you got a suggestion? Mr. Odio: For the sake of expediting, I can, on the CPAs, the City has outside CPAs and we can use them and just extend - make it part of the contract to do this. Hopefully, we have an ordinance change on the UDP that... Mr. Plummer: And they'll do it for less than ten thousand? Mr. Odio: I don't know what... yes, let me negotiate that. Mr. Plummer: I have no problem with that whoever... who are they? Mr. Odio; I don't even know who they... Who are the outside auditors? 128 October 12, 1989 Mayor Suarez: Deloitte Haskins in conjunction with Sharpton and Brunson and one Hispanic firm. Mr. Odio: Deloitte Haskins and Sell, yes. Since we already have a contract with them, I might as well... Mr. De Yurre: My only concern is that their names keep appearing time and time again and I want to check the procedure to make sure that it's not flawed. That's all. Ms. Weintraub: When we were selecting the, well... Mr. Odio: I know... Ms. Weintraub: ...the committee itself was reviewing the proposals that came in from the accounting firms, I happened to sit on that committee so I recall very vividly what happened. Often times when we come with a Big 8 firm, the administration is asked, you know, isn't there a smaller firm that could probably handle the project and some of the large projects we have thought, no, we really need the expertise and the experience of these larger firms. Sharpton Brunson was the only one that came back to us that was a smaller firm that has had the experience reviewing UDP proposals in the past. Mr. De Yurre: Because they're the only ones that do it, how can anybody else get the experience? Ms. Weintraub: They all were sent the letter. In addition, we've never worked with this firm, Aldo Lastra, Inc., and they also sent a statement of qualifications back. So it was the committee's suggestion to the City Manager that why not let Sharpton Brunson work with this other smaller firm to start passing on their experience in reviewing UDP projects and let them start to get involved as well. Mr. De Yurre: You get to me in writing, the names of the members in the selection committee... Ms. Weintraub: Yes. Mr. De Yurre: ...and the list of the people that received the notice. Ms. Weintraub: I will. Mr. De Yurre: Thank you. Mayor Suarez: OK, as to the item before us... Mr. Plummer: Mr. Manager, page 11, section f. It kinda contradicts what you told me before. You told me before that it is the same exact area as presently leased. Now, we're talking to an adjacent property consideration. Mr. Odio: No, it says here, it's in the restaurant site on the marine stadium facility. Mr. Plummer: That's correct. That is not under lease at the present time. Mr. Luft: You're right. Mr. Odio: Wait, wait, exists a 350 foot length of vacant unimproved public shore line. Mr. Plummer: Mr. Manager, correction for the record. Mr. Odio: But what we want is them to improve it. We're not giving them the property, we want them to improve that property for us. Mr. Plummer: Is that going to be part of the consideration of the minimum guarantee, annual return? Mr. Odio: Yes, yes, sir. Yes, sir. Mr. Plummer: OK. 129 October 12, 1989 i Mr. Odio: This area is not a part of this RFP's leasehold offering. It says again... Mr. Plummer: OK, and finally, Mr. Manager... Mr. Odio: Yes, sir. Mr. Plummer: Without my reading it through this with a fine tooth comb, I want assurances in here that the successful bidder is fully aware that under no circumstances does the City of Miami guarantee any permitting relating to environment or other regulatory agencies. Mr. Odio: Yes, sir. Mr. Plummer: OK. Mr. Fernandez: So, Mr. Mayor, you're announcing that this public hearing remains open until a future date. Mayor Suarez: OK, can we take a vote as to the rest of the items? OK... Mr. Plummer: So move. Mayor Suarez: ...do we have a motion? Mr. Plummer: So move. Mayor Suarez: OK, we do. Do we have a second as to... Mr. De Yurre: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 89-933 A MOTION CONTINUING TO A FUTURE DATE PUBLIC HEARING IN CONNECTION WITH A UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS (RFP) FOR DEVELOPMENT OF A RESTAURANT/MARINE SERVICES USES, ON CITY -OWNED PROPERTY ADJACENT TO 3601 RICKENBACKER (THE "VIRGINIA KEY BASIN PROPERTY") IN ORDER TO ACCOMPLISH: (a) THAT TWO APPRAISALS EXCEED $10,000 PER APPRAISAL, (b) THAT THE CITY MAY BE ABLE TO ESTABLISH A MINIMUM FAIR RETURN TO THE CITY BASED ON SAID APPRAISALS AS WELL AS PROPOSED IMPROVEMENTS TO BE DONE TO SAID PROPERTY, AND (c) IN ORDER THAT A CERTIFIED PUBLIC ACCOUNTING FIRM MAY BE SELECTED; AND FURTHER STIPULATING THAT THE CITY OF MIAMI IN NO WAY GUARANTEES OR EVEN PROMISES TO ASSIST THE SUCCESSFUL BIDDER IN TRYING TO OBTAIN ENVIRONMENTAL OR ANY OTHER KIND OF PERMIT REQUIRED BY GOVERNMENT REGULATORY AGENCIES. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 130 October 12, 1909 a 39. RATIFY MANAGER'S FINDING OF EMERGENCY REGARDING ACCEPTANCE OF BID FROM MET CONSTRUCTION, INC. - for construction on "Orange Bowl Joist Replacement-1989". Mayor Suarez: Item 29... Mr. Jorge Fernandez: Twenty-eight? Mayor Suarez: ...waiving requirements form of sealed bids for the MET construction, Orange Bowl joist replacement. I'll entertain a motion on it... Mr. Dawkins: Move, move, move it. Mayor Suarez: ...we need a motion on it. We need 4/5ths vote. Moved. Mr. Plummer: But, wait a minute, what is this? -28? Twenty-nine? Ms. Range: Twenty-nine. Mr. Plummer: Did somebody move it? If they did, I'll second. Mr. Dawkins: I moved it. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 89-934 A RESOLUTION WAIVING THE REQUIREMENTS FOR FORMAL SEALED BIDS, BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE MEMBERS OF THE CITY COMMISSION; RATIFYING, CONFIRMING AND ADOPTING THE CITY MANAGER'S ACTIONS ACCEPTING THE BID FROM MET CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $200,000 FOR THE CONSTRUCTION NECESSARY IN CONNECTION WITH THE "ORANGE BOWL JOIST REPLACEMENT - 1989", WITH MONIES THEREFOR ALLOCATED FROM THE "ORANGE BOWL MODERNIZATION - PHASE II" ACCOUNT, PROJECT NO. 404238, TO COVER THE CONTRACT COST; RATIFYING, CONFIRMING AND ADOPTING THE CITY MANAGER'S WRITTEN FINDINGS THAT A VALID EMERGENCY EXISTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND/OR ISSUE THE NECESSARY CONTRACTS AND DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID BIDDER. (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 J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez i NOES: None. ABSENT: None. r Mr. Fernandez: Twenty-nine. Mayor Suarez; Item... 131 October 12, 1989 Mr. Fernandez: Mr. Mayor, this is a public hearing, just calling your attention, twenty-nine. Mr. Plummer: Yes. Mayor Suarez: Anyone from the general public wish to be heard on item 297 Let the record reflect no one stepped forward. NOTE FOR THE RECORD: At this point, Agenda items 30 and 31 are withdrawn.. Mayor Suarez acknowledges letter received from the National Council of Negro Women concerning a non -agenda item which the Mayor stated he would try to hear after the regular agenda items. 40. COMMISSIONER PLUMMER REQUESTS FROM CITY MANAGER STATUS REPORT ON PROPOSED ERECTION OF CORRECTIONAL FACILITY (JAIL) IN DOWNTOWN MIAMI - To be discussed at the next Commission meeting. Mr. Plummer: Mr. Mayor. Mayor Suarez: Yes? Mr. Plummer: Before we proceed. Mr. Manager, I think all of us have read with interest, rightfully or wrongfully, something that is vitally affecting or will affect our downtown Miami. The proposed facility of a corrections jail in downtown Miami. I don't ever put gospel in the morning tabloid. I expect you, as my Manager, to bring this Commission up-to-date as to what is happening, what can happen, what this Commission should be doing and I would ask at the next Commission meeting, prior to that, that you fully bring this Commission up to speed on all matters relating to that so-called proposal. Mr. Odio: Yes, sir. I have been working on it in this week. We had meetings yesterday. Mr. Plummer: We, the City Commissioners, I'm assuming my colleagues have also been receiving phone calls. Mr. Odio: Let me say... Mr. Plummer: I'm not asking for it today, sir. Mr. Odio: OK. Mr. Plummer: I'm asking that by the next Commission meeting that you bring us up to speed... Mr. Odio: Yes, sir. Mr. Plummer: ...so we know exactly, not what we read, but what you have told us... Mr. Odio: Yes, sir. Mr. Plummer: ...is exactly the posture as you know it at the time you write that document. Mr. Odio: Will do. Mr. Plummer: Thank you, sir. 132 October 12, 1989 0 ------ ------------------------------------------------------------------------ 40.1 BRIEF DISCUSSION: OMNI TAX INCREMENT DEVELOPMENT DISTRICT - Direct City Attorney to draft proposed Ordinance for consideration later on this day (See label 60). ------------------------------------------------------------------------------ Mr. Dawkins: Mr. Mayor, I have a... Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I had an item that was supposed to come up numerous times and it has not come up so I would like to have the second reading of the Omni tax increment district at this time. Mayor Suarez: OK. Can we take a second reading of the Omni - is it the interlocal agreement or is it the creation of a district or where are we on it? It's a resolution? Mr. Jorge Fernandez: This is no second reading, Mr. Dawkins... Mr. Dawkins: Why isn't it? — Mayor Suarez: It seems like a second reading because we've had it so many times. Mr. Dawkins: Why isn't it a second reading? Mr. Plummer: What are we talking about? Mayor Suarez: I guess it's just a resolution. Mr. Dawkins: No, wait a minute. Ms. Range: The Omni taxing district. - Mr. Dawkins: Well, the resolution... What is it, Mr. City Attorney? _ Mr. Fernandez: Sir, I do not know. I don't know what's happening at this moment. I'm completely lost. Mayor Suarez: You mean you haven't been staying up nights wondering when we're going to get the Omni Development District going? Mr. Fernandez: I do not control what gets on the agenda, Mr. Mayor. Mr. Dawkins: Well, I - you didn't get a copy of my memo? Evidently not. OK. Mr. Fernandez: I haven't seen it, sir. Mayor Suarez: OK, Mr. City Attorney, could you take a little time to do that as soon as possible and get back to us on it? Mr. Dawkins: I'll bring it up before we leave, no problem. Mayor Suarez: Because we really should act on it. We've been... Ms. Range: It's a resolution. 133 October 12, 1989 41. GRANT REQUEST FROM FATHER RICHARD BARRY (OVERTOWN INDEPENDENT REVIEW PANEL) - Direct Manager to allocate an amount not to exceed $50,000 in support of Panel (including balance of $23,000 presently in their budget). ------------------------------------------------------------------------------ Mayor Suarez: OK, the ad hoc committee report, Father Barry. We lost Father Barry? There he is. Have you had time to digest what I gather is a fairly lengthy reply, Father, as we discussed last week? I think I got it today, I don't know about you. Father Richard M. Barry: I received mine about 1:00 o'clock, 12:30-1:00 o'clock today. Let me just digress for a moment though. I understand that today is Commissioner Plummer's 19th anniversary as a City Commissioner. Mr. Plummer: Nineteen years past, I'm now in the 20th. Father Barry: And I want to commend him on that. I'm mindful of something the late Reverend Father Canon Theodore Gibson said to me. As you know, you and I met many times at Father Gibson's sick bedside. I was there to give him communion and you to visit with him. And he said to me on one occasion, he said, "...Barry, always support J. L.," said, "...he might not speak the way you approve of, but he'll always do the right thing." So I commend you on your 19 years of service. Mr. Plummer: Thank you, Father, but he also had another saying that he used to tell people... Father Barry: I can't say that publicly. Mr. Plummer: Well, I can. And Father Gibson used to say that "...Plummer would die and go to hell before he would break his word." Father Barry: Yes. Mr. Plummer: And that's still true also. Father Barry: Yes. Well, we received the report from the Police Department today concerning the recommendations of the panel concerning the first hearing, police community relations. It is a rather long report. I have not had a chance to do anything but just skim over it quickly. I was impressed with some things that I saw but I think it would be inappropriate for me to make any kind of public statement on that until the panel itself has had a chance to read the report and see how it, in effect, does deal with the specific recommendations set by the panel and accepted by the City Commission. So I would beg that we be given time for that. The other item that is to be discussed has to do with the ongoing work of the panel. As I have outlined to you before, we plan to do one more thing and I think that 'is terribly important for the community. It seems that all of the ills of the community are placed at the doorsteps of the Police Department when you and I know that we cannot do that. To be sure, there are a lot of problems there, but we have many other problems elsewhere. So, the second and final phase of the work for the panel will be centered in and around economic gestures and opportunity within the City of Miami. Mayor Suarez: Has that phase begun? Father Barry: It has begun. We are now in the process of bringing onboard those persons who have the necessary expertise to guide us through the maze of understanding City budgets and where those monies are allocated and where they come from. There is a common perception within the community that the City of Miami has not been responsive to the black communities within the City and that even though the black communities overwhelmingly support almost every bond issue, the City throws out, it never really gets a slice of the pie as far as development and what not. I said that is a perception and my attorney friend tells me that if something continues to happen, perception becomes reality. So what I'm asking of you today is this. First, that from the monies appropriated to us for the last study, of $61,000, we have something, I think, $23,000 or so left, I'm asking that you encumber those funds and bring 134 October 12, 1989 them forward for us in this next fiscal year, budgetary year. And that to make sure that we have enough monies to do the work that you appropriate an additional $25,000 and, of course, you know that if those funds are not used, they go back to the City coffers and, of course, there is a complete accounting of all of the monies used. That is what I ask of you. We will be meeting again in another week to bring onboard some of those people that we need, whose expertise we need to carry forward this work. Mr. Plummer: So move. Mayor Suarez: So moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Father, before you leave, I hope you don't leave, in fact, until we can at least get to the item on the Episcopal community development loan fund which I think has a certain amount of pertinence to you in more ways than one. Father Barry: I want to speak to that. Mayor Suarez: And for which we have Bishop Schofield here that we're honored and pleased to have. In any event, I think that's like three or four items away. We have a motion and a second. Any further discussion? If not, please call the roll. Mr. Plummer: May I reword it, that an amount not to exceed $50,000 be established. Father Barry: Thank you, sir. Mr. Dawkins: And, in addition to the carryover or the carryover and... Mr. Plummer: No, no, no. He was asking for twenty some, plus twenty-five, so just make it not to exceed fifty. Father Barry: No, no, no. We're asking that you encumber, that you carry forward the balance from last... Ms. Range: Twenty-three thousand. Mr. Plummer: Of twenty-three. Father Barry: Twenty-three. Mr. Plummer: And you're asking for an additional twenty-five... Father Barry: Oh, OK, so I'll accept the other two thousand, fine, yes, OK. Mr. Plummer: ...I'm saying, not to exceed fifty. Ms. Range: And that's forty-eight. Mr. Plummer: You want me to make it forty-four and a half, I'll... Father Barry: No, no, no, no, we'll accept the fifty. Mr. Dawkins: See, Father told you trust him. Mayor Suarez: Call the roll on the motion. 135 October 12, 1989 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-935 A RESOLUTION OF THE CITY COMMISSION DIRECTING THAT THE BALANCE OF FUNDS ALLOCATED DURING FISCAL YEAR 1988- 1989 BE ENCUMBERED AND USED DURING FISCAL YEAR 1989- 1990; FURTHER ALLOCATING ADDITIONAL FUNDING FROM SPECIAL PROGRAMS AND ACCOUNTS FOR A TOTAL AMOUNT NOT TO EXCEED $50,000.00 TO COVER EXPENSES INCURRED BY THE OVERTOWN INDEPENDENT REVIEW PANEL TO REVIEW AND ANALYZE ECONOMIC DEVELOPMENT AND FINANCIAL ASSISTANCE TARGETED FOR THE OVERTOWN AREA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: Father Barry, let me ask you a question, if I may. Father Barry: Um hum. Mr. Plummer: I sat back the other day and wondered, we have thing in this community called the Community Relations Board. Father Barry: Um hum. Mr. Plummer: Which is basically under Metropolitan Dade County. We do not, to my knowledge, have representation on that board, direct or indirect, from this City Commission. Yet, when the problems arise, I think I'm safe in saying that 90 percent of them unfortunately are within the boundaries of the City of Miami. Has your committee discussed or considered establishing a City Community Relations Board? Father Barry: No, we... Mr. Plummer: I think it's worth looking into. Father Barry: No, we have not. Mr. Plummer: OK. Father Barry: What we want to do is to just work under the ordinance establishing us and when we have completed that work, if there's another task the Commission wish to have us look into, under a new ordinance, we will be more than happy to do that. Mr. Plummer: Father, the reason that I brought that up, this Commission, as well as the request, was so insistent that the people who served on the committee which you presently head, had to be people of the community, of the City, and I think it has been proven with your committee that it has been worthwhile. Many of the people who are on the County Community Relations Board are not City people nor City oriented. And I think that it would be much better for us to consider such a board with people who know, as you do, the City in and out, forwards and backwards. I merely throw it out for discussion purposes. Father Barry: Am I to understand that we're going to look at item 36? 136 October 12, 1989 Mayor Suarez: We're going to get there very quickly. Mr. Plummer: We'll get to it. Mayor Suarez: Very quickly. And also, let me announce that people who are making presentations for items 34 and 49 have asked for those to be taken up a little later and item 38 has been withdrawn, the people involved being satisfied with the results of our consent agenda item number 35. We're always happy to have those announcements. NOTE FOR THE RECORD: At this point, Agenda item 38 is withdrawn by the applicant. 42. DIRECT ADMINISTRATION TO PURCHASE PROPERTY DESIGNATED FOR RAFAEL PLAZA PROJECT IN ALLAPATTAH - so that City may develop the property to complement present surroundings. ------------------------------------------------------------------------------ Mayor Suarez: Thirty-two, quickly, Mr. Ralph. We deferred this from September 14th. Mr. Plummer: Well, it was deferred for the administration to go back, as I recall. Mr. Manager? Mayor Suarez: Any recommendation on 32? Mr. Odio: No, sir. We are not prepared to make a recommendation at this time. Mayor Suarez: Please, Mr. Packingham, Ralph. Mr. Ralph Packingham: My name is Ralph Packingham, 3731 North... Mr. Odio: Let me explain, if I may, for a second. The reason I'm not prepared to make a recommendation is they don't have the financing in place from the banks for us to proceed. Mr. Plummer: Was this matching dollars? Was it proposed to be matching dollars or on a two to one? Mr. Frank Castaneda: Yes, Commissioners, yes, two to one. Mr. Plummer: All right, what you're saying is, at this particular point, the applicant does not have a guaranteed loan? Mr. Castaneda: That's correct. Mr. Odio: That's correct. Mayor Suarez: This is a mini-UDAG? Mr. Castaneda: Right. Mayor Suarez: Two to one to public and one private. Mr. Castaneda: No... Mayor Suarez: Or vice versa. Mr. Castaneda: Two private and one City. Mayor Suarez: Two conventional and one City. Mr. Castaneda: We have submitted an application to OCS, Office of Community Services, which was denied. 137 October 12, 1909 0 Mayor Suarez: That's OCS with... Mr. Castaneda: With Department of Health and Human Resources. I met with Ralph and BAC (Business and Miami Capital to see whether a combination of BAC and Miami Capital would be able to make a loan to them. They have not gotten back to me on that issue. Mayor Suarez: Anything further that we can do, Ralph, or you want to report to us? Mr. Packingham: OK. As I have explained in the past, BAC, as well as all the other lending institutions asked for final plans. I cannot present final plans with no money and that is why I have come back down here time and time again to ask you to release this money to ABDA (Allapattah Business Development Authority) so that we would be able to do the final plans and get about the business of building this shopping plaza. Mayor Suarez: When he says to release the money, now we're talking about a partial disbursement? Mr. Castaneda: Well, I think that... Mayor Suarez: ...premised on obtaining funding that...? Mr. Castaneda: His original request was to release the $150,000 for this particular project. The reason that we've been opposed to it is because we have not guaranteed that this project will take place. Mayor Suarez: OK, when you say release, we're just talking about making the grant - or making the loan. Mr. Castaneda: Um hum. Mayor Suarez: Not release in the sense of a temporary thing, he needs the money, up front. Mr. Castaneda: Right, what he's saying is that he needs money to take the plan to a stage where banks would either approve or reject it. Mr. Plummer: In other words, the question has to be... Mayor Suarez: Wait, Comm... Mr. Plummer: ...if it's rejected, how does he pay back the City the money that they have laid out for him to get to a final stage? I guess that's the question that's being asked. Mr. Packingham: But, I'm not looking at - I'm not even thinking about that the project will not fly. I have the project all ready three-quarters pre - leased, three quarters pre -leased. Mr. Plummer: Ralph. Mr. Packingham: That is in the packages. Mr. Plummer: You know how these banks are. Now, you know, it's nice to say and have a forward look but you have no guarantee that that pre -lease will extend to where it becomes a break even project. We've seen too many shopping centers go under. Mr. De Yurre: Can we, the City... Mr, Packingham: Mr. Plummer, we have no guarantees on anything. Mr. De Yurre: Ralph... Mayor Suarez: We understand that. Mr. Vice Mayor, Commissioner Range have been wanting to say something. 138 October 12, 1989 Mr. De Yurre: Can't the City help out through our architectural department in some way? Cesar, can't we get our architects to give a hand to get some plans that are going to may be presentable for financial purposes? Mr. Odio: I'll have to get somebody pro bono if they so choose. Mayor Suarez: How about our own architects? Mr. De Yurre: That's what I'm saying, from the City. Mr. Odio: Our... Ms. Range: Mr. Packingham, do you feel that you have met the requirements of the City to this point? Mr. Packingham: Yea, I have. Ms. Range: And how do you explain that? Mr. Packingham: All right. We, the City advised us to submit the proposal to OCS and the City was matching that money with $190,000. We waited around for 14 months, waiting on OCS. We didn't go to any other lending institutions. OCS came back and said, no, they do not fund any economic projects in the City of Miami. That meant that we had lost 14 months whereas we could have been out there knocking on other doors but we did not because this was considered locked in. We have presented to the City all the documentation that was required, the same as we did to BAC. We have followed every line that we possibly could follow in trying to get this thing off the ground and up to now, I'm still in the same place I was 14 months ago. Ms. Range: Has the City asked you for any collateral or anything at all? Mr. Packingham: The City has not asked for anything. Ms. Range: Do you know of any other organization who might have been in the same circumstance as you are who has received upfront money? Mr. Packingham: There was the one over on Little River, I can't think of the name of it now, the Cove? Mayor Suarez: Garden Cove. Mr. Castaneda: No, Garden Cove, we released the monies with the bank and Miami Capital and the City together. Mayor Suarez: And we lost our... Mr. Castaneda: And we lost our shirt there. Mayor Suarez: Thank you for coming up with a better word than the one I was thinking about. Ms. Range: Mr. Castaneda, can you think of any proposal akin to this that you might have been able to work out? Mr. Castaneda: No, no and let me... wait a second, we are, you know, we are willing to fund the project and this has been our recommendation as long as everybody puts money on the table to go... Ms. Range: I accept that and I believe that but I'm asking you if, prior to this time, do you know of any organization which found itself in the same position as Mr. Packingham wherein you have been able to work out something for them under the same circumstances as he is in now? Mr. Castaneda: I cannot think of any. Ms. Range: You do not know. That's what I was asking you. Mr. Dawkins: Mr. Packingham. Mr. Packingham: Yes. 139 October 12, 1989 Mr. Dawkins: You say that your plans are where? Mr. Packingham: The plans? Mr. Dawkins: Your plans are where? Mr. Packingham: I don't quite understand. Mr. Dawkins: Well, you said BAC needed what? Mr. Packingham: Oh, BAC - every document that BAC requested from us in the last meeting that we had, BAC has every document. I called BAC up until 11:30 this morning and I did not get a response from them. Mr. Dawkins: Well, what I'm trying to get at, Mr. Packingham, is, what's holding up the money in your estimation? -and then I'll get back to him. What's holding up the money in your estimation? Mr. Packingham: At BAC? Mr. Dawkins: The whole total project. Mr. Packingham: Well, as I said, you see, we lost 14 months waiting on OCS and after OCS came in and said no, then we had lost 14 months so now we're out there beating the bushes trying to find the money now. Mr. Dawkins: OK, well why did OCS say no? Mr. Packingham: OCS did not give an explanation as to why they didn't fund it. They just did not - the letter, I forget, I don't have it here with me, but it was just a Mr. Dawkins: Now, Mr. Castaneda... Mr. Castaneda: Yes, Commissioner. Mr. Dawkins: Why is it, in your professional opinion, that they cannot obtain financing? Mr. Castaneda: Obtaining financing is very difficult in this town and a perfect example was the issue of the Little Haiti Plaza that we had a few months ago and so forth. It is a difficult task obtaining financing in this town and, you know, I believe that we have to sit a bunch of banks on the table and see whether they're willing to provide the financing, including that BAC. Because BAC has made a lot of promise but they are very slow in delivering. Mr. Dawkins: OK, first thing I'm going to tell you, don't tell me nothing 4 about BAC, me, period. Forget them. But, as the Mayor said, and what I'm trying to follow the logic the Mayor established, what constitutes a complete package for Mr. Packingham to go somewhere with to seek a loan? What would be { a complete package? Mr. Castaneda: That would depend with the particular bank. Mr. Dawkins: No, no, bull - I mean, no, no, hold it, hold it. Ms. Range: May I? Mr. Dawkins: Yes, ma'am, go ahead. Ms. Range: I'm sorry. Mr. Dawkins: No, ma'am, go ahead. Ms. Range: Something crossed my mind, Mr. Packingham. You made mention to me in one of your visits with me that the City had required of you to obtain a letter from some source which I cannot now recall. Do you have such a letter? Mr. Packingham: Yes, that was the letter that brought down the last time from BAC and that letter, they said that they would participate in the project financially providing I bring in completed drawings and show pre -leasing, 140 October 12, 1989 Ms. Range: Show what? Mr. Packingham: Pre -leasing. Ms. Range: Uh huh. Mr. Packingham: And what else? Pre -leasing substantial completed on the assurance of a financing in place. They gave a roundabout commitment by saying that they would participate financially. They did not put a figure here and that is what the problem was the last time I was here. Ms. Range: So, that was not satisfactory to your wishes. Mr. Packingham: Right. Ms. Range: BAC is a local organization. Mr. Packingham: Business Assistance Center. Mr. Dawkins: Business Assessment Center out there in Liberty City. Ms. Range: It strikes me that you were at that time depending largely on some information from Washington. Mr. Packingham: Right. Ms. Range: Now, where is that letter or did you receive such a letter or such communication? Mr. Packingham: Oh, that is the letter that I was talking about from OCS that gave us a firm no because they didn't... Ms. Range: Oh, that they gave you a firm no. Mr. Packingham: Right, because they did not fund any economic projects in the City of Miami. Mayor Suarez: Let me try this. Frank, the fee simple is not owned by Ralph or it is? Mr. Castaneda: Well, the deal would be that Ralph would... Mayor Suarez: The fee simple. Who owns the property? Mr. Castaneda: Ralph Packingham but the deal is with ABDA, that's what I'm saying. Mayor Suarez: With the association. Mr. Packingham: Right. Mr. Castaneda: With the association. Ralph... Mayor Suarez: Which is non profit. Mr. Packingham: Right. Mr. Castaneda: Ralph would sell the land to... Mayor Suarez: OK, suppose that - and Ralph does own it fee simple? Mr. Castaneda: But he has a mortgage on the property. Mayor Suarez: OK. Suppose the City somehow were to acquire a fee simple interest or other worthwhile collateral here so that we could become a co- developer with him. It seems like we have done the most creative things when we want to push a project ahead... Mr. Packingham: Thank you. 141 October 12, 1969 Mayor Suarez: ...whether it's Overtown/Park West or St. Hugh - I love the St. Hugh's affordable housing project that we paid... what did we pay for that? -a million dollars or something for that land and we haven't seen one brick over there. You know, and we can't get off the ground, a project in a community that we particularly want to. We can't do an innovative package where we somehow - would you be willing to give the City an interest of some sort and be a co -venturer with the City? Mr. Packingham: Most definitely. Mayor Suarez: Make this our project and he is the CBO involved in it and the Manager or whatever, I mean... Mr. Plummer: The only problem, our history with shopping centers has been extremely bad. Mayor Suarez: I know, I know, I know we haven't had the best history in the world but... Mr. Dawkins: OK, I'm going back, Frank, what constitutes, Frank, what constitutes a complete package... Mr. Plummer: The money. Mr. Dawkins: ...for Mr. Packingham to solicit and give to five or six banks, as a package, and say, "Here's my package." What would that consist of? Mr. Castaneda: Well, cash flow projection, the leases that he would obtain, a schematic design of the building and so forth. I believe that he has most of that information. Mr. Plummer: Plus collateral. Mr. Dawkins: You see, but, I'm a layman. I don't know what the hell he has. I'm asking you, what does he need? Mr. Castaneda: Yes. Mr. Odio: Let me... Mr. Dawkins: Tell me he need... OK, all right, what does he need A? What's the first thing he need, A? Mr. Plummer: Collateral. Mr. Odio: Feasibility study. Mr. Dawkins: All right, collateral, all right. Mr. Odio: Feasibility study. Mr. Dawkins: So now, A is collateral. What do we need B? Mr. Odio: He needs a feasibility study. Mr. Dawkins: All right, so B is a feasibility study. What is D? -E, I mean C? Mr. Odio: You need a schematic. Mr. Castaneda: The cost of the project and breakdown. Mr. Dawkins: All right, what is D? Mr. Odio: Schematic. Mr. Castaneda: Schematic designs. Mr. Dawkins: All right and what is F? Mr. Castaneda: Pre leases or guarantees or whatever. 142 October 12, 1989 Mr. Dawkins: Now, now, all right... Mayor Suarez: With all due respect, one of those can probably be, you know, sidestepped. If he's got 70 percent for leasing, you don't need a feasibility study, I mean, that's way beyond feasibility study. Mr. Dawkins: Thank you, that's all right. Now can... Mr. Odio: Can we prepare it, can we sit down with him and help him prepare the package? Mr. Dawkins: No, I'm getting ready to do that, OK? Now, you just told me what makes up a package, OK? Now, get together with Mr. Packingham and at the next meeting, bring me back the package to this Commission, each one of these Commissioners, bring us a package, that he can submit, at least give him something to go somewhere where they can tell him no. Just don't have him keep coming here to us and spinning him around. Mayor Suarez: The idea is to become an active participant in this effort, rather than just sit around and rule on whether he's got enough or not, you know? Mr. Castaneda: No, correct, the Commission... that's why I had a meeting, a Joint meeting between BAC and Miami Capital to see if I could get this ball off the ground. Mr. Dawkins: Mr. Mayor, I make a motion... Mrs. Range: Just before the motion, may I have just one... Mr. Dawkins: Yes, Ma'am. Mrs. Range: All right, just before we close on this, Commissioner Plummer you referred to the shopping centers as being miserable failures in most instances, but has it been ascertained that shopping centers, that this shopping center is actually needed? I know that Miami is overrun with shopping centers and they go off and fail within six months, but this just might be a different circumstance in view of the fact where Mr. Packingham is planning to place his shopping center there is a real... Mayor Suarez: It's a crossroads, it's the middle of the City and it's... Mrs. Range: ... real need for it. Mayor Suarez: And it's not a fair statement, with all due respects, to say that we have failed in shopping centers. The City has only been involved in, that I am aware of, in two major ones. One is an incredible success and the other one is not such a success, all right but, you know, this one might be the one! Mrs. Range: Well, the one that we had over on... if we had anything to do with the one over on 3rd Avenue, is that the one you are speaking of? Mayor Suarez: I'm speaking of Edison Plaza, it is a magnificent success. Mrs. Range: Oh yes, the Edison Plaza is a magnificent success. I was trying to find where the one was that was not such a success. Mayor Suarez: Oh, Overtown Shopping Center has not been a real success here and we are... Mrs. Range: All right, but you know what happened is... Mr. Plummer: And 79th Street. Mrs. Range: We know what happened there, I didn't know about 79th. Mayor Suarez: Yes, the Garden Cove was Miami Capital approved, I think if the rest of us here had looked at it, we would have never voted for it. It was not the kind of project that we are talking about here. It is not a crossroads in the City, it is not central, and I don't even know if it met all of the requirements, to tell you the truth. I don't even want to get into it, but, thank God we didn't approve it. 143 October 12, 1989 Mrs. Range: What really happened with the Overtown Shopping Center, we went in a cemetery, I shouldn't use that word, but anyway, we went in an area that was dying or almost dead, to try to put a shopping center. There was nothing for the shopping center to draw from over there and if Mr. Packingham is in a crossroads or in an area... Mayor Suarez: Very central spot, very central, high demand there. Mrs. Range: ... surely I feel that something can be done to bring this up. Mayor Suarez: You are not on the board of any of the organizations that you have sought financing from, are you? I mean, that distinguishes right there from Garden Cove, without getting into any more detail. Mr. Packingham: No, I'm not, but I would like to add this. We did a feasibility study approximately ten years ago. At that time, we did the study based on the fact that we wanted to build a shopping center at 36th Street and 12th Avenue, across from the Metrorail. At that time, the study showed that the community would definitely support a shopping center. The only reason that we were not able to develop in that area was because of the number of different owners that own property in there and the idea was dropped. There is no question as to whether or not the area will support the shopping center. There is no question about that. Mr. Dawkins: Commissioner Dawkins is getting ready to make a motion so we can... Mr. Plummer: Let me ask a question. Who, in fact, is the applicant of this item? Mr. Packingham: Allapattah Business Development Authority. Mr. Plummer: And you are here as the chairman of that authority? Mr. Packingham: No, I'm not. The executive director is right here. Mr. Plummer: The only participation you have at this point is the owner of the property? Mr. Packingham: Exactly. Mr. Plummer: And the business authority of Allapattah, what are their net assets? Mayor Suarez: Net assets? Mr. Plummer: Yes, they are talking about a project, Mr. Mayor, of a $500,000. Mayor Suarez: ABDA, you mean the Allapattah Business Development Association? Mr. Plummer: Yes, Mr. Mayor, look, I guess the point I'm trying to get to, when you go to a bank... Mayor Suarez: They don't have too many assets, net or gross, actually. Mr. Plummer: OK, when you go to a bank, the first thing the bank is going to look at is the net assets of the applicant. Now, I'm asking, when you go as an entity, this Allapattah Business Development Authority, and you are the applicant applying to a bank for a loan, what are your net assets, what are your assets? None. Now, what is the bank going to act on, is what I'm trying to get at. Mr. Castaneda: That's why Commissioners, we went to OCS (Office of Community Service) to try to get a grant from the Federal government for this project. Mr. Plummer: But you know, we are going through this process to try to get them to a bank. Mr. Castaneda: I think it would be very difficult to get to pure bank financing. 144 October 12, 1989 Mr. Plummer: Well then why put him through this process? Why make this man spend money he doesn't have to go through a process fully knowing that when he goes to a bank, there is no way in hell he's going to get a dime? Mr. Castaneda: The only way that this project can be financed is through BAC and Miami Capital, if they are willing... Mr. Plummer: And you say BAC has turned him down. Mr. Castaneda: No, they... I'm not sure, I'm not too sure how they function, Commissioner, so... Mr. Plummer: But you see, the applicant doesn't even own the property. Am I correct? Mr. Castaneda: That's correct. Mr. Plummer: So the applicant really doesn't even have collateral. I mean, is there... where is the mystery here of why a bank is saying no? Mayor Suarez: They have presumably put all the entities together... Mr. Packingham: The bank has not said no. They have... Mayor Suarez:... including the fee simple owner, including their association. Mr. Plummer: Wait a minute. I can't hear both of you, Ralph. Mayor Suarez: They have presumably put all the entities together, that have the fee simple, that own the property, the association to be the community based group that will actually do the project with... Mr. Plummer: They're the applicant. Mayor Suarez: Right. Mr. Plummer: But they don't own the property. Mayor Suarez: We built the Miami arena with Dacoma, we own the fee simple, they built the building. Mr. Plummer: No, we own the property. Mayor Suarez: I mean, there's many, many combinations of the right element. For some reason they haven't gotten the right elements. We think maybe staff has been not as active as they could be. We'd like to extend a strong message without saying just go ahead and give them $160,000 Community Development Block Grant monies which we cannot do, I don't believe. You know, trying to put together the package and that's the best we can do at this point. I think that is what Commissioner Dawkins is getting ready to move. Mr. De Yurre: Mr. Mayor, can't... the money that Ram Lowie? used for the freedom tower, which was... Mayor Suarez: Revolving... Mr. De Yurre: The revolving loan program. Mr. Odio: It won't work for them because you have to have a letter of credit call within 48 hours. Mayor Suarez: You have to have money to get one percent money, loan money. Mr. De Yurre: And can't we be in a position where the City would guarantee the money? Mayor Suarez: We may as well loan the money if we are going to guarantee it. But anyhow, at least that's along the lines of what we are looking at. Mr. Manager, if the City would take an active involvement in this project, maybe the recommendation will be that the City do the project. We are doing affordable housing projects, we claim to be able to do that and with that and ABDA and Mr. Packingham involved in some capacity. We've done that enough times. 145 October 12, 1969 PA Mr. Dawkins: Or else they can come up and tell Mr. Packingham it can't be done. Mayor Suarez: Or else if it just cannot be done, it cannot be done. Mr. Dawkins: But let's do something, you know, prepare... Mayor Suarez: Well, how were you going to phrase your motion? Mr. Dawkins: My motion was that the Administration do whatever it has to do to work with Mr. Packingham and bring back a package at the next meeting that he can take to a bank and they can tell him yes, they can tell him no, but at least let us know what we are doing, don't just keep... Ralph comes and say you are not helping him and you come and say I am doing all I can. Mayor Suarez: Give him all the professional support, give him all the packaging, financial packaging, get the Commissioners involved, get, you know... I haven't heard from anybody from staff, that they've talked to the banks or BAC, or anybody else on this? Mr. Dawkins: Get somebody with him, Prank, and put a package together. See, that's all. Mr. Packingham: Wait, wait, wait a minute, please. Not once have I said that the City has not worked with me. Frank and his staff, they have gone every mile with me in trying to help me with the package, with this project. I'm coming here... Mayor Suarez: WhAt do you suggest, Ralph? Mr. Dawkins: Now wait a minute... Mr. Packingham: I'm coming here now, asking for the money to be released for the plans to ABDA so that the architect can do the final drawings on the project because you can't... you're not going anyplace. Mr. Dawkins: And what we are telling you and what I'm trying to tell you, Mr. Ralph, is that we have no money with which to hand you, to give you these services, but I'm trying to find a way within the City of Miami, who has the expertise to help you develop these plans, that's what I'm trying to say, sir. Mr. De Yurre: Well, we are going back to what I said before, can't this City do it? - do the drawings? Mr. Dawkins: That's what I am saying, even if we have to ask some architectural firm to it pro bono, or do it on an if come basis. We'll do the drawings, and if you get the grant, you pay us, I don't know. Mr. Plummer: Somebody's got to explain something to me. business, what do you call it, by the short name? Mayor Suarez: Development Authority. Mr. Castaneda: Business Development Authority. Mr. Plummer: ABDA, Magda, whatever. They are the applicants. Mr. Castaneda: Correct. Mr. Plummer: They are not standing here before us. Mr. Castaneda: The director of the corporation is... The Allapattah Mr. Plummer: He's not said a word. Mr. Packingham, as I understand it, his interest is only as a property owner. If in fact, this thing were to go through, who does this City hold responsible? I guess maybe I can get my answer that way. Mr. Castaneda: ABDA. Mr. Dawkins: OK, let me. Mr. ... 146 October 12, 1989 Mr. Plummer: But why isn't ABDA here asking for the... Mr. Dawkins: Because Mr. Packingham has been the president of the organization. Mr. Packingham has been the one over the years who has been trying to walk this thing through and he is familiar with the total package and the present president is standing by to give any answers that you don't need and what have you. Mr. Plummer: I guess maybe the problem that I have, Commissioner, is the fact that Mr. Packingham, above board, has a vested interest in this. He has a vested interest as the property owner. He is not the organization who is putting the package together. That's where I guess I've got a problem. He is only, I assume, going to be the seller of his property to this organization, or leasing to this organization. Mr. Dawkins: Co -development. Mr. Plummer: Then he can't stand there in both capacities. Mr. Carlos Luis Prieto: Excuse me, my name is Carlos Luis Prieto. Mr. Plummer: Wait, wait, now, whoa. Let me get from the Administration. This is a co -development? Mayor Suarez: Who have you been dealing with on behalf of ABDA, Frank? Mr. Castaneda: Carlos Prieto and to my knowledge, ABDA would take the lead role in this particular project. Mr. C. Prieto: Yes, but let me go a little bit back. Mr. Plummer: But this is a 50-50 project between Mr. Packingham as the owner of the property and 50 percent by the association? Mr. Castaneda: That's not my understanding. Mr. Plummer: What is your understanding? Mr. Castaneda: My understanding is that ABDA will be the lead, is the principal partner in this particular negotiation. Mr. Plummer: But they have no assets. How can they be a principal partner in something and they have no money? Mr. Castaneda: Because this was structured as an OCS grant in order to get three hundred and... Mr. Plummer: But that's been turned down. Mr. Castaneda: That is correct. Mr. Plummer: OK, so that is behind us. Now, how can they be the lead grant and they have no viable assets? Is it your understanding... how do you understand the transfer of the property? Or is there a transfer of the property? Mr. Castaneda: It is my understanding that basically ABDA would buy out the mortgages on the property and any equity left in the property would be now the equity of the corporation and that's what... Mr. Plummer: And where are they getting the money to buy out those mortgages? Mr. Castaneda: From the bank financing, grant financing or whatever that can be accomplished. Mr. Plummer: Has there been an established price of the property, the value? Does it exceed the mortgages? How much are the mortgages? Mr. Castaneda: The mortgages are $160,000? $76,000. Mr. Plummer: And what is the value of the property? 147 October 12, 1989 0 11 Mr. C. Prieto: It was appraised five years ago at $117,000. Mr. Castaneda: It is about $50,000 equity. It is a very difficult deal to put together, Commissioner. That's why it hasn't been done before. Mr. Plummer: So what you are saying is, if this were to go as a go item, that ABDA is going to get the loans. Then all that Mr. Packingham has involved is the selling out of the property and the release of him on the mortgages. Mr. Castaneda: That's correct, Commissioner. Mrs. Range: May I ask a question? Mayor Suarez: Yes, Commissioner Range. Mrs. Range: In the area of which you speak, I don't know whether you are on the south side of 36th Street or on the east side of 17th Avenue. Which of those areas do you have in mind? Mr. Packingham: I'm on the southeast corner of 17th Avenue. Mrs. Range: The south... yes, the southeast corner. Mr. Packingham: Correct. Mrs. Range: All right, are you going to have to, let's say that the package flies. Are you going to have to displace tenants that are there now, or are you going to rebuild a number of vacant buildings that are there now? What is the circumstance surrounding that area now? Mr. Packingham: OK, the plans are to raze the building that's there now and build... Mrs. Range: No, I don't mean the buildings, the tenants. What is your rate of displacement of tenants? I want to know, is that place fully occupied now, or are most of the buildings standing vacant? Mr. Packingham: No, it is three-quarters occupied now. We would be... there are four tenants there now. Mrs. Range: It's four tenants there now and you expect, with the displacement of those tenants and the vacancies that you have, how many store fronts... how many stores do you plan to put in there? Mr. Packingham: Eighteen. Mrs. Range: Eighteen. So if there are four tenants that would have to be placed, are you saying to us now, that there are 14 vacancies there at this time? Mr. Packingham: I'm sorry, I don't follow you. Mrs. Range: All right, you said that you would have to displace four tenants. Mr. Packingham: Right. Mrs. Range: If you have to displace four tenants and there are... you expect to put 18 stores in there, then the remainder of that property that you plan to build on is vacant now. Mr. Packingham: Right, right. Mrs. Range: That's what I was trying to get at. Mr. Packingham: Correct, I'm sorry, Ok, yes. Mayor Suarez: All right, listen, I'll tell you how I feel about this, Mr. Manager and I don't know if the Commission feels equally strongly. With all due respect for the Community Development Department which allocates grants and otherwise tries to work with applicants, this has not been handled as a City effort to develop this area. This has not been handled the way I see our 148 October 12, 1989 Department of Development and maybe it's because it is not your department. I don't know, but for myself, I would be willing to vote for a motion that says this have to be something the City has to get involved in, we've got to do something in Allapattah, we've got to do it very promptly and the City's active involvement, not just to sit around and evaluate this project, but to actually take the lead in it and look for the components and put whatever monies we have available, whatever resources, to improve that area. We've been saying that for many, many years. A few things have happened in Allapattah, but not enough for my taste and I don't see the City's active involvement. I see a passive involvement and I'm not saying that are not cooperating with you. They are evaluating your packages like a bank would, you know, and telling you, no, you don't have the collateral, no, you don't... but to get them actively involved like they've done other projects in the City, I have not seen that, and if anybody wants to put that in the form of a motion, understanding that it just requires the City's active involvement, I will vote for it. Hopefully when it comes back it will be a complete financial package, but by hook or crook we'll find the monies to get this thing off... Mr. Dawkins: May I make... Mrs. Range: What happened to Commissioner's motion? Mr. Dawkins: Go right ahead, Ma'am. Mrs. Range: No, no, you had a motion. Mr. Dawkins: We are still in discussing it. Mr. Castaneda, you said Mr. Packingham is in debt to how much money? Mr. Castaneda: I believe $35,000, he said? Mr. Packingham: $76,000. Mr. Castaneda: $76,000. Mr. Dawkins: $76,000? The property is valued at what? Mr. Packingham: It was appraised five years ago at $117,000. Mr. Dawkins: $117,000. Now... Mr. Packingham: Now, that was prior to my buying the other two lots. Mr. Dawkins: And your other two lots are debt free? Mr. Packingham: Well, no, it's all part... no, no, the whole, package, no. Mr. Dawkins: OK, Mr. Mayor and fellow Commissioners, as the Mayor said, we are going from section to section trying to do something. I'd like to recommend, I mean, rescind my motion and make another motion that says we the City of Miami purchase the property, as we do in other places, get Mr. Packingham off the hook and the City of Miami go in there and develop something in Allapattah that will compliment 36th Street and Jackson High School. Mrs. Range: You're offering that in the form of a motion? Mr. Dawkins: Yes, Ma'am. Mrs. Range: I would second it for discussion. May I ask a question? Mayor Suarez: Commissioner Range, yes. Mrs. Range: Mr. Packingham, as the owner of that property, would you be amenable to selling the property to the City? Mr. Packingham: Most definitely. My problem is this, I am not able to develop this project myself. I want to see the project developed. Now, in releasing the property to the City, I would still expect to have an active roll in the project, but I want, I know the project is needed for the community and I would definitely relinquish mine, no problem. 149 October 12, 1969 F 1 t Mayor Suarez: OK, with those very general parameters in the form of a motion... Mr. De Yurre: Well, let's touch this point now. If the City is to buy this land at a price that we can live with, because I'm not about to pay premium for this land... Mayor Suarez: We are nowhere near that action. Mr. De Yurre: I just... well, we are headed that direction. Mayor Suarez: We sure are. We'll head in any direction that will get something built over there. Mr. De Yurre: OK, I just want to make sure that if the City ends up buying this property, it does not commit in any way, fashion, or form to this group, that it is open for anyone that would want to come and bid to do the work. Mr. Dawkins: Or buy the land at a premium from us. Mr. De Yurre: I doubt that one too, but... Mr. Plummer: Well, where were... are we at the point now of getting an appraisal on the property? Mr. Castaneda: That's what the Commissioner is requesting, to reappraise the property and to acquire it. Mr. Plummer: Well then, let's put it this way, if we have an appraisal and we come to a successful negotiation, that will be deducted from the cost of the value of the property. Yes, of course. Mr. De Yurre: I'd like to get some recommendation, some input from the Administration as to this concept. Cesar. Mr. Plummer: What is it appraised for on the tax rolls? Mr. Odio: I have no idea right now what that is. Mr. De Yurre: What do you think of this concept? Mr. Odio: Well, if we buy... I want to ask the Law Department, if we buy the property, after we appraise it, based on the average of the two, they don't have the right to develop that property, we would have to put it out for bids. Mayor Suarez: We want you to work with the community based organization that is there, which is the principal one is ABDA. Mr. Odio: Well, my question is, whether we can do that legally. Mayor Suarez: Who else would you work with at the end of the whole process? Mr. Odio: I don't mind working with them. Mr. De Yurre: You might find the private sector coming in and willing to pick it up and do it. Mayor Suarez: Fine! If we could develop it, we'd be happy to, yes. Mr. Dawkins: But why don't the developer go in there now. Mayor Suarez: We don't have any developers beating down our doors to try to develop that area. Mr. Plummer: Because they can't get insurance. Mr. Fernandez: But what Mr. Odio is referring to is that there would have to be an RFP process, once we own the property and we put it out, then there would have to be competition. 150 October 12, 1969 j Mr. Dawkins: If we decide to put it out. If we decide to do it ourselves, it don't take nothing. Mayor Suarez: We may ask him to be the manager of a project, we may do it a lot of different ways, we've done many, many different combinations before. Mr. Odio: But, I just wanted to clarify that, because I didn't want him, Mr. Packingham, to think that he was going to be... that his project like that... Mayor Suarez: No guarantee that he would be in any particular capacity. Mr. Dawkins: All Mr. Packingham said, and since you people don't seem to understand us, I will interpret it for you. All Mr. Packingham said is that, "I have put too much time in this project to see it go down the drain and I would hope that whatever you did, you would let me participate in doing it." Now that's all he said. Mr. Packingham: Exactly, thank you. Mayor Suarez: We did something equally ambiguous one time in connection with the park downtown, we did it for Bayfront Park at the south end. Somebody asked that we in good faith negotiate with them and... Mr. Dawkins: We just did it with Fern Island. Mayor Suarez: Sure. Mr. Dawkins: We just bought Fern Island. I mean, you all just keep flip flopping and nothing, you know... Mr. Plummer: We didn't buy it. We've owned Fern Isle for years. Mayor Suarez: OK, is that motion acceptable to you, you want to frame it? Mr. Dawkins: Yes. Mayor Suarez: That the City actively involve itself in trying to develop the property in question, including, Mr. Manager, including the possibility of the City itself being a developer by acquisition and report back to this Commission at the first meeting in November. Mr. Plummer: The only meeting in November. Mayor Suarez: The only meeting in November. So moved? Mr. Dawkins: So moved. Mayor Suarez: OK, any discussion? If not, please call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 89-936 A MOTION DIRECTING THE CITY MANAGER TO PURCHASE THE PROPERTY DESIGNATED FOR THE RAFAEL PLAZAS PROJECT (LOCATED AT APPROXIMATELY 17TH AVENUE BETWEEN 37TH AND 38TH STREETS) FnOM MR. RALPH PACKINGHAM AND TO CONSIDER THE POSSIBILITY OF THE CITY BEING THE DEVELOPER OF THIS PROJECT; FURTHER STATING THAT THE CITY DEVELOP SAID PROPERTY IN ALLAPATTAH IN A MANNER THAT WILL COMPLEMENT BOTH 36TH STREET AND THE JACKSON HIGH SCHOOL AREA. (Note: The City Administration was directed to assign somebody from staff to get together with Mr. Packingham in order to assist him to put a package together in connection with his project. After said motion was made the City Commission also indicated that the cost of the necessary appraisals were to be deducted from the price of said property.) Upon being seconded by Commissioner Range, the motion was passed and adopted by the following vote: 151 October 12, 1909 11 AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: If you get the appraisals, yes. Mr. De Yurre: Now, if they are going to come back with a recommendation of what to do. Mr. Plummer: Oh, that's fine sure, bring it to the Commission. Mayor Suarez: We're far away from acquiring anything, I guarantee you. Paper work is more than ample around here. NOTE FOR THE RECORD: At this point, Agenda item 33 was called for discussion. The record was marked to reflect no appearance by interested parties. 43. REFER TO MANAGER REQUEST BY MR. JAMES HADDAD TO POSTPONE SALE OF LIEN ON PROPERTY AT 162 NW 71 STREET - instruct Manager to resolve. Mayor Suarez: Item 34, James Haddad. Mr. James Haddad: Mr. Mayor and Commissioners, I come before you asking for a return of money that I felt the City took from me illegally. I've discussed this many times with many letters and Mr. Odio has received my letters and said that I am right in my request for the return of the money, so that's why I am here. Mr. De Yurre: How much are we talking about? Mayor Suarez: What's the story from the Administration? Somebody from the Administration please brief us on this? Briefly and quickly and promptly so we can get on with the next item. Mr. Hector Lima: Hector Lima with Building and Zoning. Mr. Haddad owns a property in the City of Miami and the Code Enforcement Division took it before the Unsafe Structures Board and it was... Mayor Suarez: Took it before the...? Mr. Lima: The Unsafe Structures Board of Dade County. Mayor Suarez: The County's Unsafe Structures Board? Mr. Lima: Correct, and that is what the lien is placed on the property for. Mayor Suarez: Was it actually demolished? Mr. Lima: It was demolished, but not by the City. Mr, Haddad: Mr, Mayor, at the time that they sent me the notice for a hearing on April 8th, that building had been blown down and carted away about four years before. There was no building existing there when they made a motion,,, 152 October 12, 1909 Mayor Suarez: No wonder we considered it an unsafe structure! Mr. Haddad: (Laughter) I go along with that, but it wasn't existing! Mayor Suarez: So we all agree it was an unsafe structure anyhow. Mr. Haddad: Anyone in the City knows that the building wasn't even existing. They have letters proving it, they have reports from the tax assessor's office showing the building wasn't there. Mayor Suarez: Well, can anybody explain what relief he is seeking and whether we are able to give it to him, or we are just going to litigate this matter? Mr. Plummer: I'd like to know how they put a lien on a building that doesn't exist. Mayor Suarez: Oh, and put it on the land after demolition. Mr. Rodriguez: There are two violations involved in this particular type of property. One violation deals with a trash lien that was put on his property. Mayor Suarez: For clearing and cleaning the debris and so on. Mr. Rodriguez: The other one for demolition. This case... Mayor Suarez: How much was that lien on his property? Mr. Rodriguez: The total was $815 more or less. Mayor Suarez: For the one cleaning up? Mr. Dawkins: For cleaning. Mr. Rodriguez: No, for the cleanup was $259.67 and for the demolition, $555. Mayor Suarez: This whole item in dispute is $800 and some dollars? Mr. Haddad: $815 and I... Mr. Rodriguez: There was a lien, the person that Mr. Haddad paid for the lien and he is trying to get the City to return the money back to him with interest. Mayor Suarez: Why? Should we? Mr. Haddad: Why? Well, I don't know anything about any trash pickup. I mean, I never received any notice or anything about it and as far as the demolition of the property, it was like I said, it was blown down about four years ago before the Unsafe Structures Board decided to put it on for a hearing, the building did not exist. I told them, don't even hold the hearing. Mayor Suarez: I guess we must have taken away the remnants of what was there. Commissioner Dawkins. Mr. Dawkins: Who gave the demolition order, Dade County or the City? Mr. Lima: Dade County Unsafe Structures Board gave the order to demolish. Mr. Dawkins: They demolished it? All right now, who put the lien on his property for the demolition of the property? Mr. Lima: There is a misunderstanding. Let me clarify something. When we say a demolition lien, it doesn't necessarily mean that actually a demolition was the cost. The demolition lien is based on the recovery of the enforcement cost which was approximately $448. The demolition itself, the cost of it was not borne by anyone because, the City did not do it. Mr. Dawkins: So what we are asking for, correct me now if I'm wrong, is after a structure was removed from the property, the property had debris and other stuff on it and the owner was cited to move it, the owner didn't move it and 153 October 12, 1909 we moved it and put a lien on the property for moving it. are? Is that where we Mr. Lima: I have nothing to do with the trash lien. Mr. Odin: Let me clarify this thing. Mayor Suarez: Whoever knows the whole story, answer our question. We don't want parcel it out here on $800 some dollars now. Mr. Odio: We are giving him a refund on the trash pickup. He was right on that issue and we are issuing a refund. As far as the demolition is concerned, I don't know anything about it, except that the house was demolished by the County and he has to go... Mayor Suarez: OK, we did not initiate the Unsafe Structures Board proceeding? Mr. Lima: We did, oh yes, that's what the cost is for. Mayor Suarez: So please don't say we had nothing to do with that. The County Unsafe Structures Board, at our request, how many years ago demolished this property? Mr. Lima: We requested a hearing at the Unsafe Structures Board of Dade County in 1986 and that's what the cost is for, of the lien. It is called a demolition lien, but it is really the cost that we expended. Mayor Suarez: We requested a hearing, but it wasn't really necessary to actually demolish anything. Mr. Haddad: There was no building existing. Mayor Suarez: Right, I guess we didn't need a hearing. Mr. Lima: There was a building. Mayor Suarez: Listen, I don't know about the rest of the Commission, but we are returning to him the amount for the trash removal or the garbage removal and if we impose a demolition lien for property that when it was never actually demolished, I would just leave it up to the Administration to negotiate with him. I don't see that we should get into... Mr. Plummer: Well, wait a minute, when did this building come down? Mr. Haddad: That building fell down... Mayor Suarez: It came down by itself, apparently. It didn't need the Unsafe Structure demolition. Mr. Rodriguez: At this point, Mr. Mayor and Commissioners, the issue is, because we have to pay for... Mr. Plummer: Can I have an answer to my question? Mr. Haddad: Yes, sir, I'm trying to get it... Mayor Suarez: Wait, wait, no, no, we are going to get it from staff. We are going to get it from staff, please. Mr. Haddad: In 182 the building... Mayor Suarez: Wait, wait, we haven't gotten a lot of simple answers from you, maybe we will get some from staff. We haven't gotten a lot of simple answers from that either, for that matter, but... Mr. Plummer: When were these pictures taken? Mr. Lima: Those pictures were taken prior to the Unsafe Structures Board hearing which was in April of 186. Mayor Suarez: And when did the property sort of disappear, I mean, the structure? 154 October 12, 1909 Mr. Lima: We have record in October of that year. Mayor Suarez: Now that we know it wasn't demolished. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Wait, wait, wait, sir, you are out of order. Go back to the mike, please, so we can solve this. You are not going to solve it that way. Mr. Lima: We have information in the file that October of 186 is when the building was removed. Mayor Suarez: By whom? By nature, by act of God, by demolition initiated by the Unsafe Structures Board, by whom? We don't know. Mr. Lima: The demolition itself, we have no record of who did it. We have cited the owner for doing it without a permit. Mayor Suarez: Oh, we think the owner may have done it without a permit? Otherwise we wouldn't have cited it. Mr. Lima: We know that whoever did it, did it without a permit. Mr. Plummer: If you look at that building, I guarantee you it was an act of God. A ten mile an hour wind would have knocked it down. Mr. Haddad: Commissioner Plummer, this is not even the building in question. The building in question was not existing. This is the other structure known as 164-166, which was in front of it. This one has been demolished and there was a permit pulled for it. Mr. Plummer: We don't argue this long about $100,0001 Mayor Suarez: Mr. Manager and the Commissioners, would you send this the matter to the Manager with discretion to solve it by whatever means he can solve it and if not, hopefully it will be resolved and come back to us. It sounds like a lot of miscommunication which is not improving with this hearing and really, for a few hundred dollars, we cannot spend the Commission's time. We've got many, many other items. All right, it sounds like we are not that far apart and we are going to try to resolve your problems. We are not guaranteeing anything sir, but if we are just a few hundred dollars apart on that point the Manager will have discretion, if he wants to solve it. Mr. Dawkins: Set up and appointment to meet the Manager. 44. COMMISSIONER PLUMMER URGES ADMINISTRATION TO FOLLOW THROUGH ON: (a) Building on east side of 3840 Day Avenue, as residence of confessed purse -snatcher who appeared on television; (b) The yellow (crack) houses abutting I-95 expressway (See label 49). Mr. Plummer: Mr. Manager, I brought to your attention on separate occasions of Commission meetings. The building on the east side of 3840 Day Avenue. You have told me and told me it's coming down. It is home of the biggest purse snatcher in the City of Miami. It has no lights, no water, no electricity. The last time we went in there, we took out over fifty purses that had been snatched at Metrorail. There are 30 bicycles worth $300 to $400 a piece in front of the house. You keep promising me it is going to come down. Mr. Dawkins: We'll bring it down tomorrow, J.L. Mr. Plummer: When? Mr. Dawkins: Tomorrow. Mr. Hector Lima: Could you repeat the address, sir? 155 October 12, 1989 r Mr. Plummer: It's the house... it has not even an address! It's the house on the east side, or the north side of 3840 Day Avenue. Mr. Lima: I'll give you an answer in about ten minutes. Mr. Plummer: That will be fine. Tell me that the bulldozer is there, is the answer I want to hear. Mayor Suarez: OK. Commissioner Range. Mrs. Range: You know, it is so unfortunate that we get off on tangents like this, but I suppose we have to speak when we get the chance. With Commissioner Plummer's complaint about Day Avenue, there has for a number of months, possibly going into better than an year now, the famous yellow houses abutting the expressway and ever since I've been here, we've been hearing that those are coming down. Commissioner Miller, you know the houses of which I speak. Some are... what was that, $500,000 or what was allotted? Mr. Dawkins: Yes, Ma'am, this was on the purchase of the five... Mayor Suarez: $500,000. Mr. Plummer: Didn't we buy them? Mrs. Range: We expended almost $500,000, those houses are still there. I don't know how many purses you'd find if you go in there, but I doubt anybody would take the chance of going in. Mr. Plummer: My dear... Mrs. Range: They really need to come down. Mr. Plummer: My dear, don't tear them down, because if you do, the SWAT narcotics team won't have anything to do every day, because they hit there almost every day, so leave them there, because I'd hate to see them be without a job. Mr. Lima: Commissioner, there were 13 buildings altogether in that yellow area there, complex. We have demolished from eight to ten. There are like two more that have been out for bids and right now there's only two buildings left that are in bad condition. Mrs. Range: Not the ones I'm thinking of. Mr. Plummer: Mr. Manager, we instructed you to come back to this City and quit going out for bids for demolition. We have the equipment to do the demolition in house, cheaper, quicker and get it done immediately. Now, why are we still going out for bids on demolition? One more excuse why things are not done around here. Mr. Dawkins: And the second half of that, where is the purchase of the property? We were supposed to have acquired that property by now. Mr. Plummer: We bought a $60,000, or an $80,000 front end loader, which is exactly what the demolition teams use, or companies use. We've got beaucoup number of trash trucks to carry it off and we ask you to come back to this Commission and tell us why you could not do it in house. You give the order today, it can be done tomorrow... well maybe tomorrow or the next day or mas- o-menos or whatever it is. Why are we still going out for bids? Hello? I'm not calling collect! Mr. Odio: You wanted those houses demolished immediately. That happened before, you told us to look, study the possibility of us demolishing the house ourselves. We are doing that. We'll come back with a report to you. Mr. Plummer: When? Mr. Odio: In the meantime, we are demolishing quite a bit of properties and we are not prepared to do so with our people. Now, either we are going to demolish properties or we are not. Mr. Dawkins: Where is the process of purchasing the land? 156 October 12, 1989 Mayor Suarez: Were we supposed to be condemning it at the same time? I have the feeling... Mr. Odio: I'll have to find that out, sir. Mr. Dawkins: OK, will you would you find that out before 6:00 o'clock, because I have to leave at 6:00 o'clock. Mayor Suarez: Get us the information on that forthwith. 45. REPRESENTATIVES OF "HE CARES MINISTRIES" DISCUSS THEIR PLANS TO BUILD A REHABILITATION CENTER. Mayor Suarez: Item 35, He Cares Ministries. Mr. Saul Cimbler: Good afternoon, my name is Saul Cimbler, my address is 1313 Ponce de Leon Boulevard. Mr. Plummer: Before you start, sir, can I ask the representative of the Police Department, Joe, are you here?... Longueira? Is there a representative of the Police Department here, because Mr. Manager, I told these people... Joe, I want you to listen to this, because I think that the only shot that they've got from this City of help, is possibly Law Enforcement Trust Funds. OK, so listen to their proposal and see, maybe, with all the restrictions applied, that there might be a shot that they could apply for that. So listen to this representation. Mr. Cimbler: OK, thank you, Commissioner Plummer. Just for the record, my name is Saul Cimbler located at 1313 Ponce de Leon Boulevard. Every Commissioner should have received a package which was prepared for purposes of this presentation. Mayor Suarez: Is that a sample site, Mr. Cimbler, or is that a specific site that you've got there? Mr. Cimbler: That is intended for a specific site. Mayor Suarez: Which is where? Which would be where? Mr. Cimbler: The specific site is located right down the block from the jail facility, with the Metro -Dade Correctional System in South Dade County. Mayor Suarez: And who owns that property now? Mr. Cimbler: The property is presently under negotiations for acquisition by the He Cares Rehabilitation Centers, which is in... Mayor Suarez: We would obviously be in a better position to discuss doing anything there when you've acquired it, assuming that you are going to acquire it anyhow. Mr. Cimbler: Absolutely, I understand that concept, but let me go forward now and inform you why it is important for you to hear us now, before we acquire the property. This has been an ongoing endeavor for about the last five years. As I started to say, He Cares Rehabilitation Centers is a Florida nonprofit organization. He Cares started out as the He Cares Ministry, which is a ministry which presently today is serving over 550 inmates in and located in Metropolitan Dade County. Mayor Suarez: You are talking about the new jail facility or the detention center over by the Criminal Justice Building? Mr. Cimbler: No, no, we are talking about in South Dade. Mayor Suarez: You know, I fail to see the relevancy of all of this to the City. It may be a very worthwhile project, and maybe you should be going to the County. 157 October 12, 1989 Mr. Cimbler: Well, somebody has got to get started. We're dealing here with an issue of crime and it involves helping people who are starting to get involved in that vicious circle of crime, including those who live in the City of Miami. Everybody keeps sluffing it off, well, go to the County, and the County says go to the State, but unless we get some participants... Mayor Suarez: Well, but usually we try to get the County involved in funding projects in the City, because the County also taxes the citizens of Miami and you know, they take actually, a little more than we do and don't return a lot of back to the City, but for us to get involved in building anything in the area of social services or rehabilitation centers outside the City limits is doubly outside our jurisdiction. I don't, you know, unless somebody can explain this... Mr. Plummer: Well, I think their justification, Mr. Mayor, and I was not aware when they came to see me, was that I thought it was in the City of Miami. There justification is, that they serve children of all of Dade County, including the City. That's the rationale and justification of asking for money from the City. Mr. Cimbler: That's correct, Commissioner. If it's the favor with the Commission, I'd like to continue our presentation. Mr. Pablo Arocha, who is the president of this nonprofit organization, for the last six years has been serving over 550 inmates in Dade County to help counsel them as they are coming out and to give them an opportunity to reenter the community in such a manner that is productive. He informs me that 60 to 75 percent of the individuals that have been served by He Cares as of the present time have not returned to jail. The proposal now, at the He Cares Rehabilitation Center has been... Mayor Suarez: That recidivism rate was measured over a span of time of how long? Mr. Cimbler: I'll let Mr. Arocha address that specific question. Mayor Suarez: Could you ask? Mr. Cimbler: Yes, come up. Mayor Suarez: Do you know, Mr. Arocha? Mr. Cimbler: OK, now, what he... Mayor Suarez: You have a 60 to 75 percent success rate over five years, documented, people who went through your program. Located where? We've all worked with programs that deal with people in the jail system and so on, but you are talking about a specific program that... Mr. Pablo Arocha: My name is Pablo Arocha. My address is 175 Fountainbleau Boulevard. What we have been having is 60 to 75 percent success rate within the prison, not outside of the prisons, within the prison system and... Mayor Suarez: How do you define a success rate within the prison system? Mr. Arocha: Well, because of all the people that we're counseling at the Dade County jail and the ones that were counseling at Metro west and the ones that we did at Florida City for approximately two and one-half years are still fired up and they are still clean. They are not doing drugs... Mayor Suarez: You mean still like active in the program, but within the jail system. Mr. Arocha: Exactly. Mayor Suarez: Yes, that's not what we're thinking about a success rate in terms of... Mrs. Range: You are saying they are still in jail. Mr. Arocha: Well, of course, Ma'am, because they are still in prison. 158 October 12, 1989 Mrs. Range: What kind of follow-up do you have once they leave the jail, that's what is important. tor. Arocha: OK, well, the follow-:ip we haven't been able to start yet, because a lot these prisoners stay in jail five, six, ten, twelve, fifteen years. Mrs. Range: Oh, then you don't know, I mean it's very convenient to be good while you are in jail. Mr. Arocha: Well, not necessarily, Ma'am, because there's a lot of people that do play games while they are in prison, but there are a lot of people that are real. Mrs. Range: I know, but it is to their advantage to be on their best behavior in jail. That goes along with perhaps their getting out earlier. What I think, the only way this can be measured from a standpoint of success, is to look them up six months, a year, two years later, and if they are still on the right track, I believe that can begin to be considered a success tape, a success tape measure. Mr. Arocha: Well, this is one of the reasons why we are proposing this project, because within the prison system and the overcrowding and the difficulty between the violent and nonviolent, the drug addict and the non - drug addict, all together and the overcrowding, it's a problem to actually address the situation real good. Mayor Suarez: Have you sat down and discussed this with the Speaker of the House of Representatives of the State of Florida whose entire legislative agenda this year had to do with these kinds of programs? I forget how many billions of dollars, but it was over a billion dollar package, legislative package for rehabilitation of inmates and PTI programs and delinquency programs, what he called kids at risk, if some of these people are youngsters. Mr. Arocha: Well, right now we've spoken already to about 15 representatives and about three senators and our lawyer, Mr. Cimbler, will be doing some lobbying for us in that area. Mayor Suarez: Because that's the whole thrust of what he was trying to accomplish in the past legislative session and one of the things in which he was successful and the State has a $23 billion budget of which some substantial amount is devoted for prisoner rehabilitation. We have exactly zero of our budget. That's just not our domain, it's not our jurisdiction and of course, if you doing an economic development project in the City of Miami, we have an interest and we get Federal monies under CDBG, Community Development Block Grant program and we try to help to improve the living conditions in the City of Miami. Unless somehow, this could be characterized under Law Enforcement... what do you call it, the... Mr. Plummer: The Law Enforcement... Mr. Arocha: Trust Fund. Mayor Suarez: The Trust Fund, which is actually I think, all developed from divestiture, forfeitures of criminal contraband and monies and so on. I don't... lieutenant, do you have any lead on whether this could conceivably be under our programs? Lt. Longueira: I don't see how it would apply under us. I would suggest for them two courses to maybe look into. See if they could somehow blend their program into what the Miami Coalition is doing County -wide and get their support, OK, because that's looking at everything. The other thing is, Metro - Dade County, Fred Taylor, he has LETF funds that apply County wide and possibly... and he has a lot more, certainly, than we have fund -wise. They might be able to get it funded through him. Mayor Suarez: The whole effort seems like a very worthwhile idea. I have to tell when I first got to Dade County in 1975, I was involved in a very similar program within the jail system. We called it, All People Inc., and we had a very high success rate with getting prisoners to realize what they had done and to get themselves prepared for when they came out, just like another group called Transition that's out there, very effective one, but it is not our domain, so I don't... 159 October 12, 1989 0 0 Mr. Cimbler: OK, but let me just make it clear... Mayor Suarez: I don't know what your purpose is to address us except to let us know that you have a very nice and interesting idea to... Mr. Cimbler: The initiative here is not to deal with those who are already in prison, but to deal with that 18 year old, that 19 year old, who sees no other alternative but a life of crime. This is intended as a 650 bed campus, so to speak, which has all self supporting facilities, including a medical center, including recreational facilities, it has a chapel, and most importantly, it has vocational centers. Mayor Suarez: That would not be for offenders? Mr. Cimbler: It could be, as you have indicated, on the PTI program, the pretrial intervention, or as an alternative of sentencing. The point is that the people who are going to be running through this program are going to be people who are running in the City of Miami who live in the City of Miami and all over Dade County. This... Mayor Suarez: We would... by the way, that fits in perfectly with the ideas of the speaker of the house and of course that means that they have monies for it, possibly, we don't. Mr. Cimbler: I understand, but that process is now a year away. This organization to continue the five years of work that it's doing needs some assistance to get running. They are not running now, so to speak, they're crawling and if they don't get some assistance from governmental agencies within Metropolitan Dade County, including the County and including the municipalities who are affected by the crime problems in this community, this will never come to fruition. It's a tough decision, money is very tight in this town. The City of Miami, I know gets hit every day by people who are looking for projects, but I'm one of the last speakers, Mr. Mayor, you said that when it is important to the City, we find a way. This is an important problem. Mayor Suarez: And when it's located in the City. Mr. Cimbler: I understand that, but the crime problem is located in the City of Miami. The people who have... Mayor Suarez: Well, this is not that different in that sense from the camps that Jack Eckerd has and throughout the State, you know, but we don't fund those either. Mr. Cimbler: I understand that. Mayor Suarez: I mean, I've given you some ideas. Mr. Cimbler: No, and they are very well appreciated, don't get us wrong, but we are in a financial situation and we are asking for the assistance of the City at this time. Lt. Longueira: We certainly have Lt. Longueira work with you to get the County, the appropriate County and State officials to look at it. It does sound like a pretty exciting concept. Anything further from the Commission? Mr. De Yurre: In fact, one of the concepts that we have is for people to come in and use our assets that we have available as far as getting grants and all that kind of thing, to sit down with Mercy, and maybe see how... Mr. Cimbler: They have been very helpful. Mayor Suarez: We have a grant coordinator, someone who's... and she's now presently... Mr. Cimbler: We've already started that process with Community Development. Mayor Suarez: Yes, among others, we are applying for $3.2 million from the Robert Wood Johnson Foundation for programs very similar to this and if and when that money is received, you may be able to participate. We think that we 160 October 12, 1989 are pretty advanced in it and I think the Miami Coalition is involved with us, aren't they, in the application to Robert Wood Johnson Foundation? So you might want to link up with Tadfoote right away before we go too far. I forget how much discretion we gave them. OK, thank you. Mr. Cimbler: Thank you. 46. GRANT IN PRINCIPLE FUNDING REQUEST FROM DIOCESE OF SOUTHEAST FLORIDA FOR $100,000 GRANT - concerning establishment of "Episcopal Community Development Loan Fund Corporation" - to make housing and small business development loans in Overtown - Referred to Manager. Mayor Suarez: Bishop Schofield in the diocese of South Florida, Southeast Florida, Episcopal Community Loan Fund. I think by being here a couple of hours, Bishop, you've heard enough worthy programs that you'll have a complete menu of those that you might want to participate in. Lieutenant, in anticipation of the possibility that the loan fund being set up here is looking to have some City financial participation, you might want to consider where the Law Enforcement Trust Funds fits within these parameters, I don't know. Lt. Longueira: In this item? Mayor Suarez: Yes. Lt. Longueira: What item is this? Mayor Suarez: This is item 36. Bishop? Bishop Calvin Schofield, Jr.: Your Honor and members of the Commission, my purpose in being here today is to request support of our program which is entitled the Episcopal Church of the Episcopal Community Development Loan Fund. Let me begin by saying that some time ago, Bishop Desmond Tutu said to the House of Bishops, your job in the United States is far more difficult than mine is in South Africa and everybody looked at him as if he were crazy, but what he was saying is that the work that has to be done in this County is far more hard to define in dealing with the issues of homelessness and poverty and the grinding poverty of the nation as whole. In the City of Miami we have for a number of years, I've lived here 26 years, wondered what the religious community was going to do in the area of economic justice and many people in this City have pointed fingers at the religious community and said that we have not been able to accomplish anything and so what I present to you this afternoon is an attempt on the part of the Diocese of Southeast Florida and concerned individuals to begin to impact this community in the area of economic justice. It has the backing of mainline denominations and represents the first combined effort of the community's religious leadership to join in attacking poverty at the root level. The executive board of the Diocese on September 26th in session approved $100,000 of its money to go into this fund which I bring before you this afternoon. It not only approved of the money, it also approved of the idea of the fund. The Episcopal Community Development Loan Fund already has the active assistance of a number of businesses, of institutions, including the Northern Trust Bank and Sun Bank and Northern Trust is providing office space and furnishings and has offered technical assistance and administrative servicing of the funds loaned for a portfolio as it develops. Mayor Suarez: Bishop, to solve one problem that could become a sticking point and I'm sure it's not a... I don't think it is a problem that should create... it should be unsurpassable by any means, but you have no problems spinning off a 501-C3 or other tax-exempt non -denominational organization to carry out anything that you would do with the City, do you? Bishop Schofield: As far as I know, I don't think we do. It will be 501-C3. Mayor Suarez: And non -denominational on the things that have to do with the City if and when we get to that point. Bishop Schofield: Absolutely. 161 October 12, 1989 9 Mayor Suarez: Otherwise we have to Church -State First Amendment problems. quickly. You have very good lawyers. get the City Attorney involved in the I'm sure you can spin those off very Bishop Schofield: That has already been formed. As far as our church is concerned, the whole thrust of this is to be an ecumenical thrust with other religious bodies and active participation from other religious institutions and we had a meeting a few weeks ago before I went to the House of Bishops meeting to discuss with leaders of other denominations within the City of Miami and to get their interest in this. What we are asking for this afternoon from the City of Miami is the sum of $100,000 to assist us in doing this. At the present time we are forming... we are in the formative process of doing this and we hope to you know, ask for funding from other institutions within the City of Miami as well as businesses. Mayor Suarez: Let me put the question directly, if I may interrupt you at this point, to the director of Community Development, if we were to buy into the program and feel that we have enough monitoring and oversight, and that it was the right purposes and the our right target areas, which I think we discussed before what target areas you would be considering are in the City, would we be able to include them in our next CDBG funding cycle as an economic development program? Mr. Castaneda: That is a possibility, Commissioner. The problem that we have with this... Mayor Suarez: Much like we did with the planned process, the $250,000? Mr. Castaneda: The problem that I have with this request is that obviously the economic development needs of the City are great and we keep diverging money into more and more groups. We based... Mayor Suarez: Well, but in this case, I think the match would be... how much would you expect to be getting and applying to the problem altogether, if the City, let's say, were able to come up with $100,000? Bishop Schofield: Well, we've come up with $100,000, the City is coming up with $100,000 and what we hope to do by the end of the year is to get into a million dollars in the first year of operation and increase this to $5 million in three years. Mayor Suarez: And they are talking right off the bat about a nine to one match. Mr. Castaneda: No, I understand that, but the money that they are requesting... Mayor Suarez: Usually people want the match the other way, they want us to give them more than what they are... Mr. Castaneda: No, correct, but the money that they are requesting is money for administration and the point that I was making... Mayor Suarez: OK. That's the same thing that we have with Ralph Packingham on a... Mr. Castaneda: Right and the point that I was making is that we have BAC, (Business Assistance Center) we have Miami Capital, we have DEEDCO (Dade Employment and Economic Development Corporation) and I am sure they can do the paperwork for them and they wouldn't really need administration for it. Bishop Schofield: Well, let me say this, that the money that we are requesting from the City is for the operation and that is the only amount of money as far as we're concerned that will go into that. The rest of the money goes into the fund itself and I think that we have to say, given what happened recently, as long ago as a few minutes, that Miami Capital is not only a City, but a U.S. Department of Commerce program and the history of that is that it's been very difficult for people to get access to that. I think given the size of the City of Miami, given the problems of this part of the County, that we could probably use more than a dozen of these kinds of funds of they were properly administered to help with the problems facing the City when Father 162 October 12, 1989 Barry presented his work in Overtown, I think we had an example, and certainly have had an example of what is needed in this City, not only in the area of Overtown and Liberty City, of which I'm very familiar, but to say that we haven't even begun to scratch the service in this and that's my concern. I'm not into the business of being competitive, because this is not an Episcopal Church organization, it is a loan fund incorporated using the name of the Episcopal Church, which was authorized by the executive board, but it is a nonprofit organization in the State of Florida. I don't see where the competition comes in, frankly. Mr. Plummer: Is this program for all of Dade County, or the City of Miami? Father Richard Barry: It starts in the City of Miami. Bishop Schofield: It starts in the City. As a matter of fact, Commissioner Plummer, we were talking about an initial targeting of fund benefits for the Overtown area. Mayor Suarez: Father Barry, did you want to make any comments, because it seems to me that it might make sense, as you are getting into the economic development portion of your deliberations to have this kind of program considering a recommendation back from the ad hoc committee. Father Barry: Yes, I'm very concerned about this. Mayor Suarez: Yes, as much of a booming voice that you have, a preacher's voice, we need to get you on the record. Father Barry: Part of the problem Blacks in the innercity face in Miami is that the lending institutions really don't deal with us fairly. I don't have any problem borrowing money, because I've got some money, but when my brothers down 3rd Avenue go downtown to borrow money, even though they are in businesses and they are doing fairly decent, they cannot borrow money. Miami Capital is perhaps one of the most insensitive groups in the City of Miami. What we need to do and what this fund seeks to do is to make more readily accessable funds to be an enabler. Then you've got to look at the rate of interest they are talking about lending these monies for. You are talking about five percent, six percent, and it's over again some twelve, thirteen, fourteen percent that they'll have to pay at the lending institutions. If the City of Miami was seriously concerned and compassionate about serving as a catalyst to be an enabler, it seems to me this one time grant of $100,000... as a matter of fact, I think they are not asking for enough, they should ask for $300,000. I sat here, I've stood here on any number of occasions and I've watched this City throw away good money for some bad projects, so let's be honest and let's be at least compassionate enough to give this group which wants to serve as an enabler for people in the City an opportunity to get started. What the Episcopal Church has done is put up $100,000 and you know, some of that $100,000 is my money. Some of it, you know, is my money and I would like to see the City match that for dollar for dollar. That's what they are asking. I think they should ask for much more. Mr. Plummer: Let me ask a couple of questions, whoever, Mr. Trinidad, or the higher authority. I have not, you came to see me and you came to visit with me and I expressed to you at the time that I thought that there was tremendously a need for that kind of a service here. We did not go into depth then at that time. My concern has to be that I think this Commission, before we proceed, have a number of questions that have to be answered. For example, does the City contribute if you do not attain the million dollars for the first year of operations? I'm just going to proffer some of the questions on my mind. You speak of the second year being 5 million, is that expect that you're going to look for half a million dollars; $500,000 the second year from the City of Miami, which we don't have. Who is going to control the loans and be the final approval of loans yes or no? And what proportion of the monies that the City are giving in grants are going to be assured are spent in the City of Miami? I think all of these things have to be ironed out in a set of bylaws or a set of posture papers or whatever it is. I'm willing, right now, I can tell you this, that as far as I'm concerned in assuming the City can find the money, in principle to approve it because I think it is long overdue. Father, I will agree with you if we had more, I think that he didn't ask for enough. But I appreciate the fact that he realizes that we're not our cup is not running over. OK? So, I'm just saying that I think there's a lot of 163 October 12, 1989 questions yet to be answered. To approve it today in principle, I have no problem but I think that it's not tomorrow that the check is going to be delivered. Mr. Benjamin: If I remember all of the questions, Commission Plummer, I'll try certainly, to answer them. This is going to be - it is, rather, a non profit corporation, already established, chartered, with bylaws and a board of directors and we have already asked one of your City employees, Miranda Albury, to be on this board and she will certainly serve as a watchdog. She indicates, however, that she has to be - tier membership on this board has to be authorized by the City. Mr. Plummer: Who is she? Mr. Benjamin: Miranda Albury, she works with Community Development. So, if, at this point, we could certainly make that request. The board is made up - we left a news thing with you there and the names of all the board of directors is listed. These are the people who will be making the decisions with respect to loans and the running of the corporation, not the diocese. I don't remember all your questions. Mr. Plummer: Well, how do we have assurances that proportionately... Mr. Benjamin: Oh... Mr. Plummer: ...the money that we put into it will be spent? Mr. Benjamin: This request is one shot deal. We want to get started. This is just to get the operation going. The diocese has already given $100,000 for the loan fund. The way we are approaching the loan fund, is we are asking members of the church and the public, if you have a spare thousand dollars that you're not going to be using, instead of buying a CD, you can put it in the fund - no, I'm serious, that's what we're talking about. Mr. Plummer: You don't even look like Tammy. Mr. Benjamin: Because throughout the country and there are several of these organizations, about thirty-three... Mr. Plummer: They're all going to jail. Mr. Benjamin: ...I want a black And this is how the loan funds are raised. Simple people and the experience is that the larger amount of funds is raised by people putting in a thousand dollars, five hundred dollars. The institutions, the corporations are the most difficult to raise money from, but we have been working very closely with a couple of banks already and there seems to be a great deal of interest. We have talked, I saw him here around - what's his name? -Jack Mulvena from the Off Street Authority - and we are talking with them in terms of some of that extra money that they're making to put it... they're not giving it to us because that is in the loan fund and will be repayable when ready. Yes, sir. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: What assurances or how do you plan to stay in Overtown/Park West until you have accomplished what you plan of talking about doing? Mr. Benjamin: Well, we are working closely with the Overtown Advisory Board and you certainly know of my commitment to Overtown and we're working closely with Father Barry and his group. Mr. Dawkins: I'll ask my question another way. Mr. Benjamin: OK. Mr. Dawkins: Maybe you don't understand what I'm saying. You said that you are interested in the redevelopment of Overtown. That's where you're going to start, OK? Now, I don't want you to start there and do two projects and decide that Coconut Grove needs you too and then when you decide to leave Coconut Grove, Liberty City needs you too and we still only have two projects that we have in Overtown. Now, if you are committed to Overtown, then let's do Overtown. Now, that's number one, OK? The second part of it is, how do 164 October 12, 1989 we, and that is up here, the Commissioners, get you - and when I say you, I mean the organization - the sort of expertise you need on loan so that if the City gives you. $100,000 and the diocese put a $100,000, we've got $200,000 with which to develop economic development and we don't have to take any of that for administration? Mr. Benjamin: All right. As far as technical expertise or assistance is concerned, we already talking with the Miami -Dade community entrepreneurial center in terms of working with the people who might come for loans as well as Florida International University Small Business Center. Again, I don't if I'm answering your question, but this is... Mr. Dawkins: No, OK, well, now, let me say it like... Mr. Mayor, I think that.... Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: ...if we're going to participate in this, I think that we should encourage everyone we know to participate. Now, he just said that they have a office in one of the bank buildings. Somebody should pick up the telephone calls, somebody should pick up the lights, somebody should pick up, I mean, I have a computer to give them but computers no good without a printer and these are the sort of things that I think that we should attempt to help them provide while they go beg people for other things. Those sort of supportive services that we know... Mayor Suarez: In kind... Mr. Dawkins: ...that are needed that we could provide, I think we ought to try to provide them. Mr. Plummer: Xavier, we've been invaded. Ms. Range: May I ask... Mayor Suarez: Yes, this is quite a group here. Ms. Range: May I ask a couple of questions, please? Mayor Suarez: Yes, Commissioner Range. Ms. Range: Do I understand... Mr. Dawkins: Who is this? Ms. Range: ...that this fund is to be used for economic development? -not housing or the other things that are akin. Mr. Benjamin: Housing and small business development. Ms. Range: You're going into housing also? Mr. Benjamin: Yes, right. We're not going to build housing; making loans available to the community development corporations. Let me give you an example of what we already are working on. The Mayor may remember when we met with him, he suggested that something should be done in Rainbow Village and we have been working with St. Agnes Church and the public housing tenants consulate, Rainbow Village, in terms of developing that project. And one of the things that they have talked about is looking at the business of home ownership to see how they can take over those public housing units. This is one area that if something - and we hope something would develop - comes out of that, they could apply to this loan fund to help them and to empower them to be able to make this happen. Ms. Range: You know, my only - it's not really a problem, but my only question on this is, I think sometimes we have a tendency to become a bit over ambitious. I would think that if you really wanted to do something economically, that you would stick to economic development. Housing is such a huge sphere or ground that must be tackled that helping someone with a house here and there is not going to make much of an impact the way I see it. But I would think that if you were going at the economic improvement of the area, then possibly in five years or so, you could branch out into something else, 165 October 12, 1909 but I feel that the reason so many ventures fail is because we spread ourselves a little thinly and we do not concentrate on one specific item and surely no one would agree with me - would disagree with me that Overtown, Liberty City, Coconut Grove, wherever there are large contingents of blacks, that there is a crying need for economic stability and I would be most pleased to be a part as far as a vote is concerned, I believe, if we could focus in on the economic arm of it because I think that's where the greatest need actually is. Mr. Benjamin: May I say, Commissioner Range, I just want to... Mayor Suarez: Let me redefine, Don, and say that this is an extension of the argument that Commissioner Dawkins was making that all of us are concerned about. To go into something that is too large, either by definition or by geography, concerns this Commission. Mr. Benjamin: Well, let me comment on that. Mayor Suarez: And if there's any possible way that we can define our involvement and restrict it to Overtown and to economic development... Mr. Dawkins: To St. Agnes. Mayor Suarez: Yes. Mr. Benjamin: Yes. Mayor Suarez: As opposed to housing, let's say, which we're involved in many, many programs, including St. John's Economic Development, as you know, that that may be just as well because, otherwise, it's too ambitious and then we're afraid to fall on our faces. Mr. Benjamin: All right, let.... I'm so anxious to comment on that because we agree totally with Mrs. Range and with you, of course. This is our thrust, the economic development aspects, but we were in Washington just last week attending a conference of these organizations and we were amazed at the success rate of these loan funds in housing so we have begun to rethink to see how we can help CDC's and other organizations and we, ourselves, aren't going to do the housing. It's providing - enabling money - a small mortgage or something like that would help them, but we buy your message, there's no question about that. I just thought I'd give you that bit of information. Ms. Range: But then, you see, why not actually divorce yourselves from housing? I know housing is needed, I know we have many homeless, but we continue to say that our areas are dependent upon other areas for its economic stability. I don't know when we say Overtown. I wonder how many persons in Overtown are really interested in involving themselves in a million dollars' worth of economics? You know, how many loans can we put out to good, solid organizations or individuals in Overtown alone? I think, if you were going to concentrate in the area of economic stability, then that would free you up to look at more than one area. It would free you up to look in Overtown. Everyday people are moving out of Overtown. We just discussed a few moments ago, a shopping center that failed in Overtown simply because there was not the economics to build it up or to keep it. So, what I would conclude by saying is, if you found a worthwhile project in the Coconut Grove area, economically sound, and a worthwhile project or projects in Overtown and worthwhile projects in Liberty City, I could see no harm in going at each of those projects... Mr. Benjamin: Right. Ms. Range: ...but I still say that I think you ought to stick to one specific aim and that is to build up the economic stability... Mr. Benjamin: Economics... Ms. Range: ...of black areas wherever you find them. Mr. Benjamin: We agree with you wholeheartedly. Mr. Dawkins: OK, well I'd like to say to Father - to all of you - if you're talking in terms of economic development for a black area, you've got to 166 October 12, 1989 develop one as a model. Now, you can continue to shotgun and shotgun and shotgun, that's great, but all of us up here and in here know that Overtown/Park West is a reality and Overtown/Park West borders on 2nd and 3rd Avenue and the residential reside in Overtown/Park West, they need a hardware store... Mr. Benjamin: Um hum... Mr. Dawkins: ...they need a drug store, they need a bakery. Father Barry, right now, if somebody were to have birthday party for a child at your church, you have to go to Publix to get a cake. Mr. Benjamin: That's right. Mr. Dawkins: There's nowhere in the area to get a cake. And these kind of things that I believe, if we put them there, the residents from Overtown/Park West will support them. I don't know. Father Barry: That's why I want to see the City joint venture. You know, when I heard about my diocese wanting to get involved in this, I started looking around to see who there was in Overtown I can lean on. I want to see - I get tired of going down to buy my chicken from Church's Chicken on 29th and 7th Avenue. Why can't we have a franchise in Overtown? Why can't we have that drug store in Overtown? And the reason is that the lending institutions just will not lend money to black folk in the inner City. I think the City of Miami can do itself great service by at least joint venturing with this group to help be an enabler for those businesses that could spring up in Overtown; that can provide jobs. I think the food store failed because it was poorly managed, it was poorly managed. Why is it that you got a hundred mom and pop stores in Miami that's doing well? It was poorly managed so I ask you to joint venture. They're only asking for a one- time grant. They will not be coming back next year, Mr. Plummer, they won't be coming back next year. It's a one time grant. Mr. Plummer: Just wanted them on the record. Father Barry: OK, one time grant. Ms. Range: I'm in full agreement as far as the one time grant is concerned, but I feel that we need to look just a little further. You said you feel that the market failed because it was poorly managed. I feel that the market failed because we just did not have the numbers of people who could afford to go into the market everyday. You need people going in everyday. Winn -Dixie on 7th Avenue and 62nd Street is one of the most progressive Winn-Dixie's they have. Nevertheless, they do not have to depend almost solely on the first of the month buyers and I have every respect for people and empathy for those persons who must depend on food stamps for their sustenance and going into stores. But we find in Overtown that a large number of people simply do not have the money to go to the store everyday after the first of the month. That's the big problem, unemployment is exceedingly high there. So, it would be my feeling that that store failed simply because it did not have the population to support it and that's why I'm saying that I feel that we need to look for wherever we can to build up the economic status and Overtown is certainly a good area, but there are also other areas - I'd be completely in accord with the $100,000 grant if it is findable, if it's anywhere to be found. I certainly would, but I would certainly want you to give serious consideration to narrowing down, you know, just putting on the blinkers like they do the horse that they want to win the race, they don't allow him to look from one side to the other, they put the blinkers on and then all he sees is the finish line. And I think that's what we're going to have to do. Mayor Suarez: Narrow the functions and narrow the geography and that would help us a great deal so that we don't try to bite more off than we can chew. Commissioner Dawkins. Mr. Dawkins: I'll close it out by saying, I'm happy to see you. I'm happy to give you - I mean try to find - $100,000 for you. I want you to localize that to Overtown. When you get that planned to go, come back next year, tell me you're going to Coconut Grove or to another area and then when you get that going, come back the next year and ask me for a one time $100,000 to do another area. 167 October 12, 1989 i Ms. Range: But we didn't get the motion yet. Are we going to get a motion? Mayor Suarez: I'll entertain it into the form of a motion. I guess it will be a motion in principle to have the Manager work out the necessary details with all the assurances as to the 501C3, non -denominational whatever of corporate vehicle and that we identify from the CDBG economic development... Mr. Frank Castaneda: That's for next year, correct, Commissioner? Ms. Range: One for now. Mayor Suarez: But when is the cycle over that we're involved in now? Mr. Castaneda: The cycle... Mayor Suarez: It was over July 30th? Mr. Castaneda: It starts July 1st. That's when the new fiscal year.... Mayor Suarez: July 1st. Ms. Range: So it's the present cycle. Mr. Plummer: How many parts involved? Mayor Suarez: Yes, except that I think we gave... what you're saying, it starts July 1st, we gave out all the money up to that point. When are the monies available for the cycle that we're in now? Mr. Castaneda: The cycles go from June 16th to June 15th - June 16, 188 to '89. Ms. Range: So we're in the cycle. Mayor Suarez: Right, so we're smack in the middle of a cycle some... Mr. Castaneda: That's correct. Mayor Suarez: Yes, the funds will take a little while to actually be appropriated but we're in the middle of a cycle so it's a good time to apply. Ms. Range: Mr. Mayor, I'd like to offer such a motion. Mayor Suarez: So moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Mr. Benjamin: What is the motion? Mayor Suarez: Yes, they're in effect applying for the monies that come in the cycle... Mr. Dawkins: You are applying next year, but they'll get it whenever we find it. Mayor Suarez: Yes, with the cycle that ends June 15th of 1990. Father Barry: May I suggest community development loan from... Mr. Benjamin: Miami Capital has a million dollars just sitting there. Mayor Suarez: Yes, if you want to be more precise on the timing, the only funds that I can think of CDBG, the cycle that ends on June 15th of 1990. If anybody wants to try something... Mr. Plummer: But how about the monies to Camillus House that we're not using? That's being held in abeyance. — Mayor Suarez: That was from last year's? 168 October 12, 1989 Mr. Plummer: That's readily available. Mr. Benjamin: Mr. Mayor, we were told that there's a likelihood that since there's a million dollars just sitting in Miami. Capital Development, there could some arrangement made where some of that could be transferred to us. Mayor Suarez: What's scary is that we refer you to that and then come back with all kinds of conditions as to, you know, whether it's EDA funds or City of Miami funds or what their guidelines are - which we impose in the case of City funds - so it might be simpler and more just to identify the funds right now. I don't know, Commissioners, do you want to give the administration the opportunity to find the most logical location? -whether we can borrow it from the million dollars allocated for Camillus House from last year's CDBG funding cycle. Mr. Plummer: Those funds are readily available, Mr. Mayor. Ms. Range: I would think we do whatever is necessary in order to try to get the ball rolling. Mayor Suarez: Phrase it in those terms and incorporate that into the motion. Any further discussion? Ms. Range: Yes, yes, it's incorporated. Mayor Suarez: OK, if not, call the roll. The following motion was introduced by Commissioner Range, who moved its adoption: MOTION NO. 89-937 A MOTION APPROVING IN PRINCIPLE REQUEST RECEIVED FROM REPRESENTATIVES OF THE DIOCESE OF SOUTHEAST FLORIDA FOR A ONE TIME GRANT IN THE AMOUNT OF $100,000; FURTHER DIRECTING THE MANAGER TO TRY TO IDENTIFY SAID MONIES FROM WHATEVER FUNDING SOURCE IS READILY AVAILABLE IN ORDER THAT THEY MAY PROCEED WITH THE ESTABLISHMENT OF ITS PROPOSED EPISCOPAL COMMUNITY DEVELOPMENT LOAN FUND CORPORATION; SAID FUNDS TO BE UTILIZED IN CONNECTION WITH MORTGAGES FOR HOUSING AND ECONOMIC DEVELOPMENT TO BE WITHIN THE OVERTOWN AREA; FURTHER DIRECTING THE MANAGER TO WORK OUT ALL OF THE NECESSARY DETAILS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Father Barry: Thank you very much. Mr. Plummer: Go away and sin no more. Bishop Schofield: I'll go away, I'll leave the rest up to you. Mayor Suarez: That's a very general recommendation. 1 169 October 12, 1989 47. GRANT REQUEST FROM CITY OF SWEETWATER FOR USED VEHICLES (2 police cars, 2 pick-up trucks and one van.) Mayor Suarez: Item 37, we've seen the Chief here. Is he still there? Mr. Dawkins: OK, before we get to 37, can I... Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: Can I get my resolution.... Mr. Plummer: No, the Chief de Agua Dulce el jefe is here. Mr. Dawkins: No, I got to wait for the Mayor, I got to wait for the Manager for the resolution. Mayor Suarez: OK, item 37, Chief, what do you need? Unidentified Speaker: Sir. As we petitioned in our... Mayor Suarez: Is it true that every single police car in Sweetwater now, at one point, was owned by the City of Miami? Have we... Mr. Dawkins: Yes. Mayor Suarez:... equipped the entire Sweetwater Police Department? Unidentified Speaker: Your Honor, we have... Mr. Dawkins: All both of them. Mr. Plummer: Both of them. Mr. Mayor, I move 37. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Mr. Plummer: Goodbye, Chief. Unidentified Speaker: Thank you, sir. Mayor Suarez: Can we get a little identification thing that says that the City of Miami is very involved in your Police Department? Unidentified Speaker: We will certainly draft a... Mr. Plummer: As a young man who used to get stopped all of the time and arrested in Sweetwater, you better go away and say no more. Unidentified Speaker: Before I go, I'd like to thank you sincerely on behalf of the Mayor. Mr. Plummer: I withdraw my motion. If there's anything I can't stand, is a loud mouth Chief. Unidentified Speaker: OK, on behalf of my Mayor then, let me thank all of you for your - and we certainly appreciate it. Thank you. Mayor Suarez: Very good. We have a motion and a second, do we? Mr. Plummer: You got the pictures of all five of us up here, right? Heh? OK. Mayor Suarez: Any further discussion? If not, please call the roll. 170 October 12, 1969 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-938 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO DECLARE TWO (2) SURPLUS POLICE PATROL CARS, TWO (2) SURPLUS PICKUP TRUCKS AND ONE (1) SURPLUS VAN AS CATEGORY "A" SURPLUS STOCK, AND DONATING THE SAME, AFTER THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS, TO THE NEIGHBOR CITY OF SWEETWATER; SAID VEHICLES TO BE USED BY THE CITY OF SWEETWATER IN ITS EFFORTS TOWARD DETERRING CRIME. Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: At this point, Agenda item 38 was withdrawn. 48. APPROVE, IN PRINCIPLE, REQUEST FROM WYNWOOD ECONOMIC DEVELOPMENT CORPORATION TO DONATE CITY -OWNED PROPERTY LOCATED IN THE MIAMI FASHION/GARMENT DISTRICT - Refer to City Manager and City Attorney for their recommendations. Mayor Suarez: OK, item 39, Wynwood economic development, community development, rather... Do you need a conditional deed from us, is that what you need? In other words... Mr. Bill Rios: I need... my name is... Mayor Suarez: ...conveyance subject to the project being approved? Is that... Mr. Plummer: Mr. Mayor, for the record, if we may, may we express our great gratitude to the man upstairs for the recovery of our good friend, Emilio Lopez. Mrs. Range and I will never forgive him for getting better to cheat us out of a funeral but we are happy to see him back and thank God for his recovery. (Applause) Mr. Rios: Thank you. I will convey your message. Emilio has short days, he's only allowed out of the cage about four hours a day. Mr. Plummer: That's two hours too much. Mr. Rios: And I will convey your message to Mr. Lopez. Mayor Suarez: What would be the logical next step if we want to get this project going, Herb, that we should do at this point? Mr. Herb Bailey: I think what is being asked here, Commission, is that we have five acres of vacant land over in Overtown, in the garment center, actually. 171 October 12, 1989 Mayor Suarez: Twelve point six is what it says here. Mr. Bailey: Well, 4.6 and that... Mr. Dawkins: No, we got 12.6 here. Mr. Rios: It's 12.6. Mr. Dawkins: Twelve point six or five? Now, what's available? Mr. Bailey: It's twelve point six, OK. Mr. Rios: May I explain? Mr. Bailey: They're asking to have that land transferred to them as a non profit corporation under the Safe Neighborhoods Act. I think what we should do here today is have a conditional transfer pending final recommendation from the City Attorney as to its legality. We have looked at the statutes - I mean, the charter, and we think it is appropriate. Mayor Suarez: A conditional transfer would be conditioned, of course, upon the project going through. Mr. Bailey: Well, they will probably have to have fee simple title. We have some questions which I think have been cleared up by the law department as to whether... Mayor Suarez: Can we put a reverter then or something so that... Mr. Jorge Fernandez: Yes. Mr. Bailey: We can have a reverter clause in there, something of that type, yes. Mayor Suarez: If the project doesn't go through, we get the land back. Mr. Bailey: Yes. Ms. Range: What, precisely, is the project, Mr. Mayor? Mayor Suarez: Do you want to explain it, Bill, anyone? Bill, I guess. Mr. Rios: Commissioner Range may have recalled that I met with her. The project is to develop a foreign trade zone at the base of the garment district to produce approximately between 3,000 and 4,000 jobs in the Overtown and Wynwood areas, principally in garment related industries. Mr. De Yurre: By when do you plan to have this going? Mr. Rios: I would have to quote you the regulations and then I would give you my own, you know, estimate. The regulations indicate the application would take between 18 and 24 months and at that time we would probably begin construction. If you're associated with an enterprise zone as we are, there is a fast track opportunity that exists which would allow us, for approximately a six month turnaround on the application, so an estimate and based off the regulations would be that we would have the project up in about 18 to 19 months. Mr. Plummer: Who gives these monies? Mr. Rios: Sir? Mr. Plummer: Who gives these monies? Mr. Rios: It's not a monies, it's a grant by the U.S. Department of Commerce, U. S. Foreign Trade Board. They give you a certificate to operate a foreign trade zone and the... Mr. Plummer: Where are the monies going to come from to develop? Mayor Suarez: For the planning, the State has given them $250,000. 172 October 12, 1989 i Mr. Plummer: No, not for planning, for construction. Mayor Suarez: And then for the construction, I guess they hope to be able to get a lot of the private sector monies, but why don't you go ahead and explain the financing package. Mr. Rios: Well, the financing comes from two sources. Number one, of course, you already know about the planning monies that we have to plan the project. The State provided within that same program a match where we are maximizing the fact that the land will be matched against the State's donation of 7.5 million dollars that we're requesting from the State legislature to develop the project. In order not to provide for some sort of a debt service, it will be grant monies that will be utilized to develop the project. Mr. Plummer: Is there anywhere, Mr. City Attorney, in the proposal that, you know, I'm sorry to look at things always on the down side, but unfortunately, so many times that's what we see. If we give this to them let's say conditionally, they make their grants, they get their money. If it goes defunct, do we get the property back with the buildings? Mr. Dawkins: Yes. Mr. Fernandez: Yes, we would have a reverter clause in whatever deed we give to them that when it ceases to be used for the specific purpose to which it was deeded to them, the property reverts back to the City, whatever is on the land comes with it. Mr. Plummer: In other words, if this, in fact, is State money matched against the property which we're giving, then nobody has a first lien against or in front of us. Mr. Fernandez: There is no lien greater than a condition in the title. Mr. Plummer: OK, now, what does the City get back out of it besides the potential employment that it would generate? Mr. Dawkins: The City, we have set down, the International Trade Board, and worked with the Wynwood Development and we have numerous entities that are interested in small manufacturing and we are trying, J. L., to build up a coalition between those individuals who want to go into small clean manufacturing that would have no environmental impact and right now, we've got about four, I would say, positive that's going to come in. Mr. Plummer: No, my question is, the property has a value and I know there's a big discussion and rightfully so between what the property was paid for by the City, which was a rip off, and by what it actually is worth today. Now, are we giving it to them on that which we paid for it to show our involvement in the case of a default? Mr. Bailey: I didn't understand your question, Commissioner. Mr. Plummer: OK, as I remember, we paid an enormous price for that property. How much did we pay? Mr. Bailey: X number of dollars, I don't... Mr. Plummer: How much? Mr. Bailey: I don't know, Commissioner. It was bought before I was involved with the City. Mr. Plummer: You know, how much? Mr. Fernandez: Four point, two nine. Mr. Plummer: Four point, two nine million dollars. When, in effect, the real value is like.... Mr. Rios; Three hundred thousand. 173 October 12, 1989 Mr. Plummer: Three hundred thousand. How that ever happened, I'll never know. Somebody should be horse whipped. Now, are we saying that our involvement is 4.2 million dollars and if this project were to fail, that's what we're looking for back? Or do we get the entire project back? Mr. Rios: You would get the property back, Commissioner. Mr. Plummer% The property and the buildings and all? Mr. Rios: Yes. Mr. Plummer: Now, this is a nonprofit? Mr. Bailey: It is a nonprofit. Mr. Plummer: And if there is profits, what happens with those? Mr. Dawkins: It goes back to the development of the whole entity. Just keep turning the entity over to try to develop something in it. And the other thing is, it will generate taxes for us. Mr. Plummer: No. Mr. Dawkins: Yes, it will. Mr. Plummer: It is ad valorem taxation? Mr. Dawkins: Yes. Mr. Plummer: On a nonprofit organization? Mayor Suarez: The people, the business who go in there, J.L., to rent the building and do the small manufacturing will pay the taxes there. Mr. Plummer: But not ad valorem. Mr. Dawkins: Why not? Mr. Bailey: Improvements on the property, yes. Mr. Rios: They would pay their regular corporate taxes unless... Mr. Plummer: But no ad valorem taxation. Mr. Bailey: Oh yes, yes they would. Mr. Rios: No, ad valorem, they would pay the Mr. Plummer: What? Mr. Bailey: Yes, they would, for the improvements on the property. Mr. Plummer: They will do their own construction? Mr. Bailey: Yes. Mr. Rios: Commissioner? Mr. Plummer: Go ahead. Mr. Rios: The current foreign trade zone, out west of the airport generates approximately $1.2 billion a year in business. That's the kind of business that we can expect in that area and of course, the figures I'm giving you are the figures related to the actual facility and the people that would be employed within that facility. I mean, the amount of jobs that would be created and the businesses that would be created would be an extremely large number that we have been conservative enough not to calculate or mention. Mr. Plummer: Mr. Castaneda, who will control,that project? Mr. Bailey? Mr. Bailey: The project will be controlled by the nonprofit corporation in Wynwood. 174 October 12, 1909 O Mr. Plummer: Is there a provision that if that nonprofit in Wynwood were to cease to exist, what happens? Mr. Bailey: All of the assets that comes from the City comes back to the City. Mr. Plummer: Is that the entire project, or just the proceeds? See, that's why I think it's crucial, do we establish it at a $4.2 million project or $300 million dollar project? That's the key. Mr. Rios: Where did you get the $300 million from? Mr. Plummer: Excuse me? Mr. Rios: $300 million? Mr. Plummer: $300,000. Mr. Rios: Oh yes. Well, the property has to be conveyed at the cost of the City in order for it to be matched against the State. The property has a cost and it has a market value. The property, you would get it back, you know, the book value, you know the book exchange between us would be $4.2 million, but you never are going to get more than $300,000, I mean, unless there are improvements to the property, of course. Absent any improvements you would get your regular market value for the property, plus whatever improvements, if there are any, but the project has to be, the has to be conveyed to the project based on the $4.2 million to match against the State, otherwise the State won't be, you know, putting in their match. Mr. Plummer: My final question. Will the City have any involvement in the decision making process? Mr. Bailey: Yes. Mr. Plummer: How? Mr. Bailey: Wynwood Economic Development Corporation is an agency that we fund through Community Development. We have the same involvement with them as we have with any other community development agency. Mr. Plummer: Do we control their board? Mr. Bailey: No, we do not. Mr. Plummer: Can we abolish their board? Mr. Bailey: No, we cannot, we can cancel our contract. Mr. Plummer: Then I would insist that a member of this Commission, other than myself, since I am proposing it, be a member of that board to be a watchdog for this City. I think that's very important. Mrs. Range: Over and beyond that, you will have an independent board and unfortunately, as we look at the garment district today it is occupied mainly by the Latin ethnicity, is that correct? Mr. Rios: It is mainly... Mrs. Range: Yes, yes, to a very great extent. That goes without question. Mr. Rios: You mean, the owners of the businesses? Mrs. Range: Yes. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mrs. Range: That's fine, I have no problem with that, but when this becomes a free zone business, who is to say who may lease space there? Is it going to be an open circumstance where whoever is approved naturally, under normal circumstances, a man must be a good businessman, he must have his monies, he must have whatever he wants to invest, but I would like to be certain that there will be no discriminatory practices as to who can own a spot or several stores in this free zone and I think that has to go in writing. 175 October 12, 1969 k Mr. Rios: I think that the specifics of what you are saying are already incorporated within the area by its designation as an enterprise zone. The people who lease within the foreign trade zone will not and are not the same people that are within the garment district. This is just a separate entity, a separate facility in that area. The credit and the... you know, tax credits and the other benefits associated with establishing a business within a foreign trade zone and within an enterprise zone are very favorable for minority businesses, and specifically for the residents of the area of Overtown and Wynwood that are connected with the enterprise zone. I mean, for example, if you have an employee that you hire from that specific area, you are talking about a potential $11,500 return of monies from any employee that you would pay $1,500 or more a month, so the advantages and the direction of the project would be towards minority and the people in the Overtown and Wynwood areas. Mrs. Range: All right, I think that should be written with a good explanation, as to it being a free place where anyone who wishes to lease may come in with the proper credentials and lease. Mr. Rios: Absolutely. Mrs. Range: All right. NOTE FOR THE RECORD: Commissioner Dawkins left the meeting at 5:43 p.m. and stated for the record his request that agenda items 43 and 53 be held for his return which would be in approximately one hour. ------------------------------------------------------- Mrs. Range: Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mrs. Range: Oh, I'm sorry, we haven't finished with this item. Mayor Suarez: Yes, on this item, what other assurances do we want that if in fact, what looks like a very exciting, but we understand, ambitious project does not obtain the requisite financing, that we will be able to have the property back to dispose of it as we wish? Mr. De Yurre: Mr. Mayor, I hear a number of things and it all sounds real good. The thing I am sceptical about, the State of Florida giving $7.5 million. That's just the way I feel about it. What I would like to have before we go ahead in this process is not only their proposal in writing, but the Administration's response to that proposal, and how we are going to go about it in writing, and the City Attorney's office legal opinion as to all the different legal ramifications in this situation, how to protect ourselves and make sure that we are covered 100 percent with all different scenarios that could crop up. Mayor Suarez: I would be satisfied, and let me suggest this to you, because this is going to take a lot steps to get us to the promised land anyhow. If we could be sure, not only of a reverter, which is nice to have, but you may get back, you may revert back to the City, property that is highly mortgaged and that is going to have almost no value. If we could be sure that before any lien of any sort could be imposed or any monies borrowed against this land, that in fact, the final go ahead would be given by this Commission on the use of the land for that purpose. Now I know that you cannot deed fee simple property and then retain certain controls over it, but there has got to be a legal mechanism that we can be sure that in fact the project will be built and that we won't get back a half built project or a project where we may have mechanics liens on it or so on, and if that could be worked out, I would be satisfied. I don't know what else... I mean, the property has been sitting around since when, Herb? When was this acquired? Mr. Rios: 1978. 176 October 12, 1989 Mayor Suarez: You know, this is eleven years of trying to do something in that community and we have an exciting possibility here. Mr. De Yurre: Put housing there. Mayor Suarez: Yes, housing my be another alternative, but the free trade zone that exists in Dade County was over capacity and they have now agreed to expand. The Department of Commerce I think is going to look very kindly on our application for a variety of reasons including the relationship we have with the secretary, so this is a golden opportunity to improve an incredibly key linkage neighborhood. One of the things they are going to need to get the State funding is going to be the fee simple or the right to the property, just like we've done with other groups. We've given them, we've even given them the revocable use permit, which I get a kick out of and they still get State funding and they still build structures on it, even though theoretically we can take it back anytime. In this case, we obviously realize there is a much bigger project where it could get financing and so on. It is going to require little bit cleaner, short of a document or an instrument and if you wanted to define it as an attorney, I... Mr. De Yurre: Well, the thing is that no lending institution is going to lend any money on this land as collateral when you have a reverter clause without us having to subordinate to that mortgage. You can start with that, so immediately of any money is going to come in, we are going to have to... Mayor Suarez: But if you have... if they are in a position of having, let's say, the planning grant, which they've got, the land as fee simple which is worth a substantial amount of money, we won't get into the issue of how much it is worth, because we don't want to get into the issue of what we paid for it in 178. If you've got then, let's say $7.5 million in , you've got an incredible amount of equity at that point and I think that the banks will agree. Well, you might at that point be able to put out an RFP and people will build a... Mr. Rios: Yes, but still... Mr. De Yurre: But still, whatever you are going to put on that land, the underlying land with a reverter clause, no bank is going to lend money on that, because they could just... it's just like pulling the rug from underneath them, literally. Mayor Suarez: Well, I'm not sure that at that point you will have to provide the financing with the land as collateral. You've got a $7.5 million cash equity on top of the land at that point. Mr. De Yurre: Yes, but whatever you are going to use that money for is going to be on top of the land, and if there is a reverter that goes with the land, it goes with it whatever is on it. Mr. Plummer: Well, how much is the total project? Mr. Rios: The total project would probably be the land plus $7.5 million. Mayor Suarez: You can build the basics of a free trade zone with that and put it out for leasing with warehousing and all of that already built. See... Mr. Rios: Yes, sir. Mr. De Yurre: Are we going to put... well, what I want... Mayor Suarez: There is almost no financing initially up front. You are ready to go for tenants. Mr. Rios: The idea of going through this project... Mr. De Yurre: We can't go anywhere until he gets some money, the $7.5 million which they can't get in one shot. Mayor Suarez: All right, well we can specify that you cannot mortgage the land during that period of time. 177 October 12, 1969 Mr. De Yurre: Well and the thing also is, the time frame for us, for the land reverting back to us, what conditions have to happen, or not happen for the land Mayor Suarez: That's another... what's a reasonable frame of time for you to move on the applications? Mr. Rios: To move on the application or to actually have the project developed? Mayor Suarez: Well, to complete the financing, because you told us that with the land at $7.5 million you are ready to go. Mr. Rios: Right, well I depend on the State Legislature to appropriate the monies. Mayor Suarez: I understand that, so what's a reasonable period of time? Mr. Rios: Sixty months for the project to be totaled out. Mayor Suarez: How many months? Mrs. Range: That's five years. Mr. Rios: 60 months. Mr. De Yurre: Five years, it's a lot easier dealing with that concept. Mr. Rios: That's right. Mr. Plummer: Sixty months? Mr. Plummer: Well, I don't mind 60 months if it has an annual review. Mayor Suarez: Can that be built into a reverter clause? Mr. Rios: You've already built so much into it. Mr. Fernandez: Sure, paper can hold almost anything. Now, with the feasibility of it, whether like Mr. De Yurre was saying, how much they will be able to do with the warranty deed, that two pages of it is all conditions. Mayor Suarez: Well, they could sure as hell take that to the State because the State will understand our wish to oversight it and to review it every year. Mr. Fernandez: Sure. I'm paying close attention and I can get a transcript of this meeting and make sure the warranty deed reflects your desire. Mr. De Yurre: I don't mind in principle voting on this, but I'd like to get something in writing from the Legal Department and the Administration as to where we are headed. Mr. Rios: If they don't say it, I'm not going to say it. Mayor Suarez: That's fair enough, that's fair enough. Mr. Fernandez: Correct, that's the right way. Mayor Suarez: Pass it in principle subject to the mechanics being worked out. Mr. Plummer: Second the motion. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. Mr. Plummer: But I want that annual review. 178 October 12, 1969 The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-939 A RESOLUTION CONDITIONALLY APPROVING, IN PRINCIPAL, THE DONATION OF APPROXIMATELY 12.6 ACRES OF CITY -OWNED LAND LOCATED IN THE MIAMI FASHION/GARMENT DISTRICT TO THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION FOR DEVELOPMENT OF A FOREIGN TRADE ZONE; SUBJECT TO PREPARATION OF APPROPRIATE AGREEMENTS BY THE CITY ATTORNEY AND CITY ADMINISTRATION ADDRESSING REVERSIONARY INTEREST, AND OTHER CONCERNS OF THE CITY COMMISSION; AND SUBJECT TO FINAL CITY COMMISSION APPROVAL. (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 J. L. Plummer, Jr. Commissioner M. Athalie Range Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins Mayor Suarez: Yes, and let me go ahead and echo Commissioner Plummer's statement. I think the annual review is important. I know the first year is premature because it will take a lot more than 12 months, but if we are not moving after a certain point, we'd like to be able to exert our right to revert and maybe some of the other people sitting up here who would think this is a better use for the land, who knows? OK, Bill. Mr. Rios: Thank you. ------------------------------------------------------------------------------ 49. (Continued Discussion) DISCUSSION CONCERNING ABANDONED YELLOW BUILDINGS ABUTTING I-95 USED BY CRACK USERS (See label 44). Mrs. Range: Mr. Range, just before we go to the next item. Mayor Suarez: Commissioner Range. Mrs. Range: A little bit ago, we were discussing the abandoned buildings over the City and those that have been taken down and those that have not and I asked a question about the yellow houses abutting... Mayor Suarez: Yes, what's the answer on that? Mrs. Range: The answer on that is I called and had an independent person go and look at it, and I understand that there are 13 units still standing over there. Nine are not lived in, four are still inhabited. Mayor Suarez: Thirteen out of the original? Mrs. Range: Yes. Mayor Suarez: Out of the original 13? Mr. Plummer: Twenty. Mrs. Range: No, no, there were 20... Mayor Suarez: Seven have been demolished. 179 October 12, 1989 Mrs. Range: So nine of them are abandoned, so to speak. Four of them are still being inhabited and even the rental office is still up. I think we need to, you know, to have that looked into and have something done about this immediately because... Mayor Suarez: Absolutely. Mrs. Range: ... now the access road that goes from 62nd to 54th makes it even more attractive to people who can just walk out of those houses... Mayor Suarez: It's become more of a nuisance instead of a... Mrs. Range: Yes, that is correct. Mr. Plummer: Mrs. Range, I think that will help you. Go to the second page. We've made an offer -1 o buy the property and we are waiting for the owner to respond and if we will, we'll buy it immediately and then we can condemn, but it has already been appraised. Mrs. Range: You mean you can't condemn those places? They are definitely not livable. Mr. Bailey: We've been negotiating for those properties. We've just gotten the appraisals in this morning. We're sending that letter out as an offer this afternoon. The moment they accept it, we will conclude the deal and demolish those properties. Mayor Suarez: OK. Mr. Bailey: We will do that right... in fact, we are working on that right now. Mrs. Range: All right, thank you very much. Mayor Suarez: If you wanted a motion to try to... Mrs. Range: I just wanted you to know it's more than two units standing over there. Mr. Bailey: Yes, we know, we'll have them taken down. Mrs. Range: That's what they said today though. Mr. Bailey: Oh, it is more than that. Mrs. Range: They said today that there were two units standing and I know when I passed there yesterday that was not the fact. Mayor Suarez: Yes, they painted us a rosy picture of a situation that wasn't so rosy. Mrs. Range: No, that's right. All right, thank you. 50. REFER TO CITY ATTORNEY REQUEST FROM COCONUT GROVE CHAMBER OF COMMERCE - concerning film permits in the commercial district of Coconut Grove since Metro -Dade is in charge of issuing such permits. ------------------------------------------------------------------------------ Mayor Suarez: OK, item 40, Coconut Grove Chamber of Commerce, film permits. Who do we have here, Doreen? Mr. Fernandez: Mr. Mayor, was there a vote taken on the last item, item 39? Mrs. Range: No. Mayor Suarez: I thought we did, yes. What is this? The Administration recommend this, Herb? 180 October 12, 1909 Ms. Doreen Lo Cicero: My name is Doreen Lo Cicero, executive director of the Coconut Grove Chamber of Commerce. Mayor Suarez: You don't look like Herb, Let's make a short circuit here and cut through the red tape. Ms. Lo Cicero: Yes, the City Manager recommended that we put this on the agenda. Mr. Bailey: I'm not familiar with this item. The Manager will take it. Ms. Lo Cicero: Just to explain the two separate batches of paper, the first one, which is marked current is what the Chamber uses whenever something is being filmed in downtown Coconut Grove. It's something we've been asked to put together by the off -duty police or special police and George Detrio because apparently there is no clearinghouse for permission to film in the downtown area of Coconut Grove. Because we are the Chamber of Commerce, all the stores and businesses that are affected by the filming call us and often times complain, so we put together this little one sheet thing and we've found that it's inadequate because it really doesn't explain any kind of principles that need to be adhered to. So, we worked with our attorney, Bob Fitzsimmons and he put together the proposed three page contract which has the same information on the front as this sheet, and then a series of rules, if you want to call them that, to be adhered to, that's in the best interest of everyone. In the best interests of the merchants as well as the film crew and a map. Now, the main problem with this, as we explained it to the City Manager is, we've been asked to go and do all the leg work. The film crews come in and they literally harass us. They spend hours in our office, trying to get us to call everybody and get permission for their films. There is no fee given to anybody, you know, we spend a lot of time with them, so what we're asking is, if we can use the second form, which is a three page document, and obtain some type of administration fee, which was suggested to us by the off -duty police and by George Detrio, because everyone felt that if we are going to be the middleman anyway and if there is no official document, that there needs to be an official document and somebody should do something about this. Mr. Plummer: I thought they had to go before the Police Department for a permit? Ms. Lo Cicero: They do and the Police Department tells them to come to the Coconut Grove Chamber of Commerce. Mr. Plummer: Why? Why would the Police Department tell them that? Ms. Lo Cicero: That's exactly what's happening. Mr. Plummer: Well, then maybe we need to stop the Police Department from doing such. Now, you know, who... I don't understand. The City of Miami does permitting. Why do we need a middleman? I mean, why are they picking on you? There is no need for that. Mr. Odio: We're not picking on them. They are picking on us. They volunteered to do this. They wanted to do this. Mr. Plummer: Well, why do we... Mr. Bob Fitzsimmons: Commissioner Plummer... Mr. Plummer: ... need to go through one more layer of bureaucracy? Mr. Odio: We don't, but... Mr. Plummer: We are trying to encourage the film industry into this community. Now, I don't understand where this comes from. Mr. Odio: Well, I think their concern was at one point that when they were filming, we were issuing permits indiscriminately in the area where they operate right in the Coconut Grove area and they, I think they wanted some control over that. Mr. Plummer: That's what we do is control it. 181 October 12, 1989 wawmwos. � r�. �.- .w•�,• � _. y Mr. Fitzsimmons: Right, and what was happening was the police probably was going to the Chamber and saying, you know, these trucks come into the park on Commodore Plaza and they severely impact the business. They were saying to us, can you just go to these and act as an intermediary, telling the store owners that these people will be there, which we have done. Mr. Odio: I think we should continue on that basis that we coordinate and work with them. Mr. Plummer: Work with them is fine, but to submit the people to another application, to another fee, I just don't see where it is in the best interest of the City. Mr. Fitzsimmons: The service that we were going to provide was that we we would take it upon ourselves to notify everyone in the area. What has happened in the past, the Police Department has gone and attempted to contact the people and if they had a lot of objections they would not issue the permit to film there. So we were actually coming in and saying for a certain fee just to cover our overhead we would perform that service for them and we would provide informatics. It will be helpful to the film people, but at the same time protect the people that operate businesses in there. We are not trying to discourage it but we are trying to have some kind of control and we're offering a service to assist the police in doing this. The reason we are here now is, we were thinking we wanted to charge a fee for our time and for our services and the City Manager was uncomfortable with that without going before the Commission. Mr. Plummer: What would you propose or project that that fee would be? Mr. Fitzsimmons: I think the fee was $100, it was for... Mr. Plummer: Hey, you know, I would have no problem if that was a voluntary donation from them to get you to assist them, I have no problem, but to make it a fee, I got a problem. Mayor Suarez: Yes, we could even put suggested donation, but something that helps us to monitor. I had situations where I've seen a film crew over there at David Kennedy Park and I've gone over there and sort of, you know, in a very nice way, inquired what they are doing, given that they've got trucks and everything, running all over the grass and everything and I can never get any answers out of them. You know, I hope that, and I presume that just by a permitting process, that's not enough oversight, and they are proposing to do some oversight. I do have a problem with a compulsory fee being paid to a middleman type group. I don't know if you want to make it a suggested donation... Mr. Plummer: May I suggest that we ask this group to sit down with Dick Grennik, who is the coordinator for Dade County of the film industry and let's see if we can't come up with something where there is not a fee, but they can make... if they want to engage the Chamber to do the leg work for them, they've got to make a donation to the Chamber. I just, to make it a mandatory fee... Mayor Suarez: Couldn't we contract with the Chamber and specify what a very... it wouldn't be a large fee, and these people I think, I would be more than wi''ling to pay it to have somebody help them. Ms. Lo Cicero: It's been offered then. That in fact people have opened their wallets. The film industry... Mrs. Range: Bring the mike down so she can be heard. Ms. Lo Cicero: You know, they have actually begged us, please do it for us, we don't know these people, they see us coming and they start screaming. If I walk in the door and say look, we are going to have a film here, we are going to be taking up your store front... Mayor Suarez: It may be, if I may interrupt you, we are paying now Nora Swanson some amount of money. Maybe what we need to do is to formalize or contract out a film office like the County and get all of the.., use up all of the fees to make it self-sustaining. 182 October 12, 1989 0 Mr. Plummer: Don't reinvent the wheel, the County, there is not that much of it here. I mean... Mayor Suarez: There is quite a bit! Mr. Plummer: Yes, but I'm saying is, that I think that the best thing to do, Mr. Manager, and I'm just expressing my opinion... Mayor Suarez: It's another one of those cases, J.L., if I may interrupt you, where the Police Department ends up... aren't they the ones that give the permits? Mr. Plummer: Yes, they have to. Mayor Suarez: Theoretically, you have the Police Department trying to monitor a film crew. I've also gotten complaints when they've taken over the entire parking lot of David Kennedy Park, for example and there is no coordinating entity to sort of, you know, sort of specify the parameters. I understand what you are saying about a compulsory fee, but I think they would be gladly paying, what do you have in mind, as far as a fee? Mr. Odio: $100. Ms. Lo Cicero: We were going to ask for $100. That's what has been offered to us in the past. Mayor Suarez: That's minimal for... Mr. Plummer: Hey, and if they offer it, take it, you know, but I just don't see it as a... Ms. Lo Cicero: Well, we don't want to take money unless we have the permission. I mean what we are saying is, we don't even have permission to use, when we give the little permit, the one that says current, out, we specifically say, this is not a permit. This is for your coordination to help you do your event and they, the police say that this is a permit, so what we are saying is, if we are going to use a permit, let's call it a permit. Mr. Plummer: Mr. Mayor, the City Attorney says that he possibly has some problems. I would like to refer this back to the Administration. Mr. Manager, did you see this before today? Mr. Odio: I glanced at it once, and that's when I told them... Mr. Plummer: I'm going to remind you the policy of this Commission that all of these items of a personal appearance are supposed to go before the Manager. Mr. Odio: No, I glanced at it and I told them that this... Mr. Plummer: What is your recommendation? Mr. Odio: J.L., I've been thinking about that and it is too many layers. The County is the one that is in charge of permitting for filming and... Mr. Plummer: What is your recommendation? Mr. Odio: That we send it back to the City Attorney for legal review and ` then... Mr. Plummer: I move the Manager's recommendation, Mr. Mayor. Mrs. Range: And I'll second that, Mr. Mayor. Mayor Suarez: Agreeable? Ms. Lo Cicero: OK. Mayor Suarez: Partially agreeable? Ms. Lo Cicero: But what shall we do in the meantime? 183 October 12, 1989 Mr. Odio: In the meantime we continue as we are. Ms. Lo Cicero: As we've been doing, OK. Mr. Plummer: Well, I would suggest that if you're assisting them and they volunteer to give you some kind of a donation for services rendered, you take it. Mayor Suarez: Why don't we formalize that and say that we... we have no, that we approve of their being a vehicle for accepting donations, which they can use for their organization. Mr. Plummer: I think we are better off, silence gives consent. Mrs. Range: But I think we should protect the Chamber of Commerce in case somebody comes up and says they feel that they are being unjustly challenged, so I think we should do whatever... Mr. Plummer: But it's got to be a donation. Mayor Suarez: As long as it's got in big print that it's a voluntary donation, I mean, it is a suggested donation? Mrs. Range: But then if it is just a suggested donation, those persons who are not... who do not feel the need to give, they walk away scot free. Mayor Suarez: And they are just saying that most of them would give, and at least that way they have a little bit more formal authority. Mayor Suarez: Fine, fine. Mrs. Range: Would you be satisfied to go along with those who give and those` who don't give, just say, thank you. Ms. Lo Cicero: Yes, but main part of it isn't the contribution, or whether or not we're paid. The main part is that if you review the second part, the proposed part, is that there is some... it is more of conscious effort that those people filming in the Grove realize that they are in a special district and that they must have some policy to go by, because they indiscriminately come in, bar businesses, and they actually don't even allow owners into their own stores. They block up streets and they create havoc, and we don't want to discourage the film industry in the Grove. Mayor Suarez: Are the guidelines included in the proposal? Ms. Lo Cicero: Yes. Mayor Suarez: And are you recommending that we approve those? Mr. Plummer: Well, I can't agree with the guidelines where any compensation paid is paid to the Chamber. Ms. Lo Cicero: Well no, but the compensation can easily... we can go with your recommendation, but that's only part of what we are requesting. The real request is... Mayor Suarez: How about just the guidelines by themselves, J.L., have you had enough time to digest them and vote on them? Mr. Plummer: I still think we are better off sending it to the City Attorney, he said he's got problems... Ms. Lo Cicero: The City Attorney has seen it, he came to the meeting. Mr. Plummer: Excuse me, the City Attorney just said he thinks he has problems and he'd like to look at it further, so I am only going on what he said. I move that the matter be referred to the City Attorney as requested. Mayor Suarez: OK, so moved. Unless I have a substitute motion, that's going to be the only motion we have before us. Of course, we don't have a second on that one either. Mr. Plummer: Yes, she seconded it. Mayor Suarez: Did you second it? Mrs. Range: Yes, I did. Mayor Suarez: OK, if there is no further discussion, call the roll. NOTE FOR THE RECORD: Commissioner Dawkins entered the meeting at 6:05 p.m. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 89-940 A MOTION REFERRING TO THE CITY ATTORNEY AGENDA ITEM 40 CONCERNING FILM PERMITS IN THE COMMERCIAL DISTRICT OF COCONUT GROVE, AS REQUESTED BY THE CITY MANAGER. Upon being seconded by Commissioner Range, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Ms. Hirai: Are you voting on this issue, Commissioner Dawkins? Mr. Dawkins: Should I? Ms. Hirai: You just came in, perhaps... Mr. Dawkins: I vote yes. ------------------------------------------------------------------------------ 51. APPROVE $500,000 LOAN TO TEATRO MARTI - for construction of theaters in �i Little Havana - said monies to come from previously earmarked funds for Hadley Pool. ------------ ------------------------------------------------------------------ Mr. De Yurre: Mr. Mayor. Mayor Suarez: Mr. Vice Mayor. Mr. De Yurre: I'd like to bring up quickly an item which has to do with Teatro Marti. We have Ernesto Capote with us here today and I think a vast number of people from the Cuban community and the community in general that have a lot to do with Teatro Marti, which has been an institution in Little Havana for many years. (APPLAUSE) We know the needs in the area. Eight Avenue needs a lot of help and Teatro Marti has been pretty much the only viable business ongoing for many, many years and I think at one point or another, Teatro Marti has touched us. I've been talking with the Administration and we have seen what Teatro Marti would like to have there, which is they are proposing to build a new theatre, in fact, a number of theatres to give performances to maintain our Cuban culture, to a great degree. We have many artists that are here, Cuban artists that mean a lot to 185 October 12, 1989 us and this would be their home in order to perform. They need the sum of $500,000 for the development of the property. I feel that this money is well spent. I am proposing that the Administration allocate $500,000 as a loan, a ten year balloon at two percent interest for them to build the facility that is needed in Little Havana in order to have a stage for our cultural programs and the many things that are very dear to us. Mayor Suarez: Why is Manny Rivero back there smiling? Is he involved in this thing somehow? Actually, in all seriousness, the situation in East Little Havana began to be reviewed by the City, I remember those hearings, in 1980 and for nine years, other than what East Little Havana CDC has done, the Rio M Plaza and I guess your new project, I don't know how far along that is, there hasn't been anything of a commercial venture that we have done and probably no better project exists than Teatro Marti and anything that we can find at this point to help you out with the loan would help to bring the whole area back to what the glory days were and if not, we are danger of losing an entire community. Mr. Dawkins: I second the motion. Mr. Plummer: Ah, well I... Mrs. Range: It hasn't been offered yet. Mayor Suarez: Moved and seconded. Mrs. Range: It hasn't been offered yet! Mr. Dawkins: He did, see... Mr. De Yurre: I framed it into the form of a motion. Mrs. Range: Oh, in the form of a motion. Mayor Suarez: Moved and seconded. Mr. Dawkins: Now, under discussion. Mayor Suarez: Discussion, Commissioner Plummer? Did you want to... Mr. Plummer: Mr. Mayor, is this a nonprofit institution? Mr. De Yurre: It is my understanding that it is nonprofit. Mr. Plummer: No, no, who is the head... Mr. De Yurre: Ernesto Capote. Mr. Plummer: Is this... who is the head of this organization? Ms. Consuelo Lugue: Yes, Ernesto Capote. Mr. Plummer: And where is he? Ms. Lugue: He doesn't speak English. Mr. Plummer: He doesn't speak English. Then I need a translator. Mr. ... no, no, not you, not as a translator! No way. Ms. Lugue: Why not? Mr. Plummer: Is this a corporation? Mr. Ernesto Capote: (translated by Roberto Rodriguez-Tejeda) Yes. Mr. Plummer: Is this a nonprofit corporation? Mr. Capote: (translated by Mr. Rodriguez-Tejeda) There is two corporations, one profit and one nonprofit and this the legal situation as to now. Mr. Plummer: Well, no, excuse me, who are we making the loan to, the profit, or nonprofit corporation? 186 October 12, 1969 0 Mr. Capote: (translated by Mr. Rodriguez-Tejeda) To the nonprofit organization. Mr. Plummer: The nonprofit corporation? Who is the owner of the nonprofit corporation? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Capote: (translated by Mr. Rodriguez-Tejeda) President is Ernesto Capote, Consuelo Ruben Rabasa. Mr. Plummer: Excuse me, Mr. Manager, sir, do you have any particulars at all on any of the background of this organization, of this nonprofit group? What percentage is owned by who, what is the collateral, I mean, you know, we just can't come up here and say we are going to loan $500,000 at two percent. How many years is the loan? Mr. De Yurre: Ten years. Mr. Plummer: Ten... Mayor Suarez: Well, we haven't identified yet where the funds will come from. Mr. Plummer: But no, before we even talk about where they are coming from, we have to establish that there is something other than what I have here. Mr. De Yurre: Well, the City Attorney's office will make sure that all the legal requirements as to lending it to a nonprofit and whatever to protect our concerns will be addressed. Mayor Suarez: That is a right inquiry. I'm not sure if it is a for profit, there are parameters that we've used for Miami Capital type loans. If it is a nonprofit there are parameters and where the funding would come from, we obviously are not going to take from general revenues of the City. We are not talking about that, we are talking about Community Development Block Grant monies or existing Miami Capital funding, but we instruct Miami Capital to take the application in and... Mr. De Yurre: Miami Capital isn't going to do a damn thing about this. Mr. Plummer: All right. Mayor Suarez: All right, so you might want to go to CDBG funding. Mr. Plummer: What is the collateral offered for the amount of the loan? Mr. Capote: (as translated by Mr. Rodriguez-Tejeda) The theatre itself, or whatever... Mr. Plummer: Well, the theatre is not worth $500,000 at the present time. Mr. De Yurre: But it will be once you finish it. Mr. Plummer: Not the property, not the property. Mayor Suarez: With the improvements, sure. Mr. De Yurre: When you improve it... Mr. Plummer: No, look at the improvements. The improvements on these are not improvements that enhance the value of the property, OK? Mr. Rodriguez-Tejeda: The last appraisal was for $800,000. Mr. Plummer: And that's what he is paying taxes on? Mr. Rodriguez-Tejeda: Yes. Mr. Plummer: He's paying taxes on an appraisal of $800,000? No way! 187 October 12, 1969 Mayor Suarez: Well, no, he is paying taxes on the assessment that the County has made, not... Mr. Plummer: It can't be $800,000. Mayor Suarez: I don't think so either, but his assessment is probably $150,000, $200,000. Mr. Plummer: Are there any... Mr. Manager, hello! Mr. Odio: Yes, sir. Mr. Plummer: Sir, these are questions that you should be asking, not me. Mr. Odio: Well, sir... Mr. Plummer: Are there any outstanding loans, liens or mortgages on the present property? None of this is before us. Mr. Odio: Well, Mr. Commissioner, I prepared this agenda... Mr. Plummer: Sir, this is not the first time this matter is before us. Mayor Suarez: No, no, it has been before us I think on a different posture. Mr. Odio: There was a separate resolution that was passed on whatever the date... September 14th and I am preparing to act on that resolution. Mr. Plummer: Sir, I cannot do business... Mr. Odio: This is something new before me. Mr. Plummer: I cannot do business on these kinds of papers that I have in front of me. Mr. Odio: Tell me what you want us to do. Mr. Plummer: I'm asking, are there any liens, are there any mortgages on the present property? Mr. Odio: I do not know, sir. Mr. Plummer: Well don't you think we should... don't you think you should tell me as a Commissioner before I vote for such an issue? Mr. Odio: Yes. Mayor Suarez: They are talking about, I believe... Mr. Plummer: Then why am I having to ask the questions? I pay you. Mr. Odio: Because I am not prepared to discuss this item, because it just got in front of me. Mr. De Yurre: OK, why don't we approve this in principle, subject to the verification that needs to be done and that's it. Mayor Suarez: Yes, and set as many parameters as you want before we take even the Manager gets involved in it. Fully collateralized. Mr. Plummer: Hey, the Manager is saying he doesn't have any money. Mr. Odio: I just said that I haven't seen this before up to now. Mayor Suarez: CDBG eligible for economic development, which area certainly is and that project certainly is. Mr. Plummer: I don't disagree, Mr. Mayor. Mayor Suarez: Well, put all the parameters you want so that he can start working on it. Otherwise, it takes a year. 188 October 12, 1989 Mr. Plummer: Let me ask this question. Does the present property have any liens or mortgages on the property? Mr. Rodriguez-Tejeda: Do you want me... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: And how much is the mortgage? Mr. Odio: $215,000. Mr. Plummer: See, I mean that's important. You can't use the collateral of a mortgage. You know, that decreases the collateral value. Mr. De Yurre: Take a second mortgage. Mrs. Range: But what is the total value of the property? What's the total value? Mr. Rodriguez-Tejeda: The total value of the property is $800,000, Commissioner. Mr. Plummer: No way! That property cannot be assessed for $800,000. Mayor Suarez: We need among other things, an up-to-date appraisal, of course. Mr. Odio: He said that is $800,000. Mr. Plummer: Mr. Manager, through our offices, would you please pull the assessment on that property for taxation purposes? Mr. Odio: Of course. Mr. Plummer: I guarantee you it... Mayor Suarez: Ask him if he has that... what is it assessed at... Mr. Rodriguez-Tejeda: I already asked him. He doesn't have the information with him. Mr. Plummer: He might think the value is $800,000. Mayor Suarez: Well, we will obviously have to have an appraisal just like any other lending institution. Mr. Odio: The assessor's office, according to him, it is $650,000. Mr. Plummer: How much taxes did he pay last year? It's easy to figure. Mr. Odio: He said he paid too much, no, he doesn't know. Mr. Plummer: He paid too much! We all pay too much. Mr. Odio: He said he doesn't... he was not prepared to answer these questions because he did not know they would come up. Mrs. Range: Mr. Mayor... Mayor Suarez: Yes, Commissioner Range. Mrs. Range: I tend to agree with Commissioner De Yurre that because there are some unanswered questions which I agree need to be answered, that we can pass this in concept with the understanding that the necessary questions will be answered. I think it is a fine project. We have to commend the entire area for the success of many, many businesses in the Cuban area or the Latin area, as you might call it and certainly if this is going to raise their sights, bring them up to a greater height as far as their economic stability is concerned, again I say that we have got to be very, very careful of seeing to it that economic stability remains one of the main issues in the City of Miami, not only for Cubans, not only for blacks, not only for whites, but for everyone and if this is going to help do that, then I certainly want to go along with it and I would agree with Commissioner De Yurre that it be passed in concept. 189 October 12, 1989 Mayor Suarez: And you know, just to add another aspect to the argument, if we don't do that, if we don't have economic stability, we are going to lose more in taxes from that area than what we are going to have to spend in a $500,000 loan, because the area will continue to destabilize and the property values will continue to go down and we are going to recover the $500,000 quite quickly just in taxes. Mr. Odio: Why don't you send it to us approved in principle so we can review the... Mr. De Yurre: OK. Mayor Suarez: That is exactly what we are just headed. Mr. Odio: ... all the questions that the Commissioner has on that. Mr. Plummer: Please. Mr. De Yurre: OK. Mayor Suarez: But you have general parameters, please, and we are talking about a ten year loan, we are talking about, I think fully collateralized, if that goes within CDBG guidelines. Mr. Odio: But I am going to ask one question of the Commission. Is this a normal business transaction, or should I look at it as a neighborhood improvement? There's a big difference. Mayor Suarez: Well, it's got to be looked at as a neighborhood improvement. Mr. Odio: OK. Mr. De Yurre: You look at it any which way will get them the $500,000. Mayor Suarez: You know, it can't possibly... (APPLAUSE) Mayor Suarez: Please, please... Yes, as a normal business transaction, it wouldn't work out. It's got to be an effort to improve the community, I mean, that's the whole point of these programs, community development. Mr. Plummer: Well, here again, Mr. Manager, somewhere along the line, as Commissioner Dawkins says, I think this Commission has got to come to a realization of what we are about and the business that we are supposed to be doing and I guess we are getting tired of sitting up here and every one of these items that come before us, we are being told that there's no money, but we are still proceed and that's a dangerous road to travel, a very dangerous road to travel and I think pretty soon this Commission, not speaking to this issue, is going to have to decide what we are about and what the business is that we are supposed to be doing and far as community development is concerned and economic development, yes, we should be doing a portion of that, but this year alone we have gone out over, I'm going to guess in the neighborhood of $5,000,000 in loans to private companies and you know, it reaches a point where it overloads and the hair that breaks the camel's back. Mayor Suarez: We get $12,000,000 a year in Community Development Block Grant monies for economic development. Mr. Plummer: No, not all of that goes for economic... Mayor Suarez: Fifteen percent to Social Services, 85 percent for economic development. Mr. Plummer: No sir, that's not true. Mayor Suarez: What do you mean? Mr. Plummer: That's not true. A great deal of those monies go for City operations. Am I right? 190 October 12, 1989 Mayor Suarez: Well, if a City, you know, gets a... Mr. Plummer: No, no, don't say... am I right, or am I wrong? Mr. Castaneda: Twenty percent goes for administration. Mayor Suarez: All right, reduce 20 percent from my figures. Mr. Plummer: OK. Mayor Suarez: I mean, that's a lot of monies that we are supposed to be applying for economic development in our neighborhoods. Mr. Plummer: And that's where this money is proposed. Do you have any monies presently in that fund? Mayor Suarez: All right, the funding cycle ends June 15th and that's where this would presumably be taken from. Mr. Castaneda: I have to look at the funds. I assume there's probably enough money; however, there are commitments to some people that are shaky, which we needed to look at in order to fund this loan. Mrs. Range: And Mr. Mayor, may I add this - unless we are willing to press forward for economic stability in all areas of our community, we will slowly but surely become a total welfare community, so wherever we can put monies out and get those monies back doublefold, then I think we have to consider doing that. Mayor Suarez: Absolutely. Thank you, Commissioner. Call the roll on the motion. Mr. Plummer: The motion is to approve in principle and send to the Manager to come back to this Commission and recommend. Mr. De Yurre: The $500,000 ten year balloon at two percent, interest only payments annually. Mr. Plummer: To a nonprofit corporation only. Mr. De Yurre: To a nonprofit. Mr. Plummer: Only! Mr. De Yurre: So far. Mr. Plummer: Only. Mayor Suarez: Call the roll. Mr. Plummer: No, no, I want a determination. This man has said he has two corporations, one for profit and one for nonprofit. Now, if we are dealing with a nonprofit, I will vote for the motion. If we are dealing with a corporation for profit, I am not about to give them a two percent loan. Mr. Dawkins: I don't blame you. Mr. Plummer: Now, let's make understood. This is a nonprofit organization solely. Mayor Suarez: I said before that if it's a for profit, it has certain parameters that we have to go by, if it is a nonprofit we have different parameters and the interest rate is one of those. Mr. Plummer: But I want to know that. Mayor Suarez: In fact, it is a key one. Mr. Plummer: OK, I want to know which one we are dealing with. Mr. De Yurre: We are dealing with a nonprofit. 191 October 12, 1909 0 Mr. Plummer: OK, that's fine, I'll vote for that. Mr. Dawkins: OK, before you vote... Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: Mr. Manager, I have how many millions of dollars for a pool at Hadley Park? Mr. Odio: Either two point one... I have to... do you remember? Mr. Plummer: A whole lot. Mr. Dawkins: OK, I've got two... watch it, watch it, J.L. Mr. Odio: $2,100,000. Mr. Dawkins: $2,100,000, OK? Now, it will take me approximately how long to get the plans and etc. for the pool? Approximately how long? Mr. Odio: We are not doing this on a fast track like we did Edison, so it will be about six months. Mr. Dawkins: Six months before we get started? Mr. Odio: Yes. Mr. Dawkins: And then another six months before we even get started? Mr. Odio: Before we go and... yes. Mr. Dawkins: So, if I were to suggest to my fellow Commissioners that we take $500,000 from my pool fund and let them have it, then we could find the money to put back into the pool fund by the time we got ready to construct the pool, would you say that would be...? Mr. Odio: Yes, yes. Mr. Plummer: Robbing Peter to pay Paul. Mr. De Yurre: I'd say that's a pretty good idea. Mr. Dawkins: J.L., what did you say? Mr. Plummer: Sir, I said it is robbing Peter to pay Paul. Mr. Dawkins: OK, then, I would like to amend the motion to say that we take the $500,000 from the Hadley pool fund and let them have it to start, and as Mrs. Range has said, we have to do something in every area. If we don't do something in every area, we are going to allow one area to build up and the rest of them to deteriorate, so I would say, take $500,000 from the pool fund and then when we get wherever we find it, we put it back into the pool fund by the time we get ready to build the pool. Is that agreeable with the rest of my Commissioners? Mrs. Range: It's agreeable with me. Mr. Mayor... Mayor Suarez: Commissioner Range. Mrs. Range: You know what I'm thinking? I think because there are so many people here, the vast majority who probably do not understand the English. I think somebody needs to translate and let them know that we are all working towards trying to make this a reality... Mr. De Yurre: Yes, if I may Mr. Mayor. Mayor Suarez: Yes, Mr. Vice Mayor, why don't you... Mrs. Range: ... especially Commissioner Dawkins. Mr. De Yurre: (EXPLANATION IN SPANISH OF COMMISSION'S DECISION) 192 October 12, 1989 (APPLAUSE) Mayor Suarez: The only thing that has to be further done and then translated is the vote, so before you thank us, we have to vote on the motion. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 89-941 A MOTION APPROVING IN PRINCIPLE A $500,000 LOAN TO TEATRO MARTI (A NON-PROFIT ORGANIZATION) FOR PURPOSES OF CONSTRUCTION, EXPANSION AND REHABILITATION OF VARIOUS THEATERS IN LITTLE HAVANA TO FOSTER CUBAN CULTURE, SAID FUNDS TO COME FROM THE HADLEY POOL FUND; STIPULATING THAT SAID FUNDS BE REPLACED BY THE CITY MANAGER AS SOON AS POSSIBLE; FURTHER STIPULATING THAT THE BASIS OF THE LOAN SHALL BE A TEN YEAR BALLOON AT — 2% INTEREST; FURTHER DIRECTING THE ADMINISTRATION TO COME BACK TO THE COMMISSION WITH RECOMMENDATIONS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: In principle, yes. (APPLAUSE) 52. DISCUSSION CONCERNING REQUEST FROM ASIAN VILLAGE OF FLORIDA, INC. - for assistance with proposed development project in Northeast Miami. Mayor Suarez: Commissioner Dawkins, you wanted to consider the Asian Village issue? Mr. Dawkins: Yes. Mayor Suarez: Annette, is that your item? Where are we on the Asian Village, Annette? Ms. Annette Eisenberg: Mayor, the principals of the Asian Village and the community met in the lobby and we've decided unanimously that it would be best if we sat down together and worked out the problems that might exist, should we continue today. Mayor Suarez: That's magnificent. Who was represented in that on behalf of the...? 193 October 12, 1969 Ms. Eisenberg: They are all... would you get the... they are all, the whole Asian Village. The Asian Chamber of Commerce, none of the other local people in the area that are on the committee. However, the principals as well as the community agree to meet next weekend and talk about it. Mayor Suarez: OK, is there anything that we need to do on this item, Commissioner Dawkins at this point? Mr. Dawkins: No, I guess. Mayor Suarez: Just commend you for bringing the group together. Mr. Dawkins: That's right. Ms. Eisenberg: Yes, well, we never had the opportunity, Mayor, before we met in the lobby. Mayor, before we met in the lobby, we... Mayor Suarez: You know, the idea is not to look at it, hopefully, from the resident's standpoint, as trying to change the ethnic character of a community, but trying to develop it along some theme. Ms. Eisenberg: That's right. Mayor Suarez: If Asian is the logical one, because we all know of seventy billion dollar surplus just in Japan every year for the next seven years, that's half a trillion dollars. We may be able to engender some of that investment for our community. Ms. Eisenberg: But you can understand my being a business person as well as a resident, they were not informed, nobody knows what the plans are, and I think that this will work out. We will come back to you and ask for it to be put on the agenda. Mayor Suarez: And the task force... Ms. Eisenberg: Yes. Mayor Suarez: ... be advised that today in the morning on an unrelated issue, but related to the task force, impacts all of you, there is a housing project the City was ready to vote on today and we've asked to defer action on it. It's in the northeast, we'd like the task force to give us input on it. Ms. Eisenberg: Mayor, I think you all received my cutout and my note telling you that we are going to be successful, all 26 strong. We had our first meeting. I don't where these articles... Mayor Suarez: How did it become 26 from 25? Ms. Eisenberg: Mrs. Range suggested the 26, Jacques Despinosse, and we are working, we had our first meeting, it was a good meeting. I'm going to monopolize this for just a minute. The task force met. We feel we should be meeting with the Asian Task Force. There cannot be two task forces planning for the northeast. We have 26 interested, knowledgeable people. Mayor Suarez: Well, one is a specialized one, but I mean, the two should work together, certainly. Ms. Eisenberg: We will. come back to you with a document in about six months and tell you what we think the northeast needs. Just have the confidence in us to know that we are going to do the job, that we are terribly interested in our survival and we're interested in the City of Miami. Thank you. Mrs. Range: Mrs. Eisenberg, on the numbers of your original committee, are you saying that you are pleased with the original 26? Ms. Eisenberg: Yes. Mrs. Range: There may have been some misunderstanding then. Several of the Commissioners, including myself, received calls that it was an unhappy situation and that is the reason we brought it to the Commission, so I think if whatever is pleasing to the committee needs to be brought back to this Commission so that it can be ratified because it was reduced upon the wishes of these persons who... 194 October 12, 1969 Ms. Eisenberg: There were over 20 people at the last meeting. They unanimously voted to retain their size and they work beautifully and will have the other six who were on vacation at our next meeting. In essence we really need that many. What we break up into five components... Mayor Suarez: There you go. Ms. Eisenberg:... and have meetings... Mayor Suarez: Get subcommittees going. Ms. Eisenberg: ... we need that number of interested people. We had terrific input at the last meeting, we are ready to go forward and we will break up into five components with five chairman, not just one, and we'll show you what a task force can do. Mayor Suarez: Thank you. Mrs. Range: Very good, so we need to clear that on the record. Ms. Eisenberg: That would be fun. Thank you. Mrs. Range: Very good. Ms. Eisenberg: And if you have any other great people that you want to suggest, go ahead. Mayor Suarez: I just want to tell Pat Skubish there is hope for Camelot yet. I know she and I have got a running discussion on that. All right. Ms. Eisenberg: On the size of our committee? Mayor Suarez: No, Camelot. That's... 53. GRANT REQUEST FROM REPRESENTATIVES OF CATHOLIC COMMUNITY SERVICES, INC. - for rental fee waiver for use of office space in Manuel Artime Community Center. Mayor Suarez: All right, item 41, Catholic Community Services, Inc. Where are we? Rental fee waiver, Manuel Artime Community Center. Who would we not... Mr. Odio: I recommend it strongly. Mayor Suarez: Very good. I'll entertain a motion on the rental fee waiver for Catholic Community Services. Mr. Odio: Day care centers. Mayor Suarez: We have short changed the Catholic Community Services on some of our funding and... Unidentified Speaker: Yes, you spoke for... Mayor Suarez: I think because Reverend Walsh doesn't know how to lobby is what my... Mr. Plummer: Are you in accord, Mr. City Attorney... Mr. Fernandez: Yes. Mr. Plummer;. with separation of church and state Catholic organization. I fully concur that they do a nice job, I just don't want to legally get into a bind. Mr. Fernandez: So long as the services that they provide with the money we give them is services for the community and it is not used to further any of 195 October 12, 1989 their religious purposes, or administrative uses, I wouldn't see any problem = with it. - Unidentified Speaker: May I have a word for Commissioner Plummer? We served all the residents of the Little Havana area. We serve Hispanics, Blacks, Anglos and all the citizens of any country that comes to us as an outreach service, we serve all kinds of allegiance. Mr. Plummer: (INAUDIBLE, OFF MIKE) Unidentified Speaker: No, sir, as a matter of fact, the vast majority is Protestant. Mr. Plummer: I'll move it. Mayor Suarez: So moved. Mrs. Range: Mr. Commissioner, please excuse me, I was detained. What is the item? Mayor Suarez: It is a waiver for the use of the space at Artime Center for Catholic Community. Mrs. Range: Oh, by all means. Mayor Suarez: Otherwise, we are going to... Mrs. Range: I'll second it. Mr. Odio: Can we read the resolution that we had last year to add... Mayor Suarez: Please. Mr. Fernandez: (AT THIS POINT the City Attorney reads resolution into the public record. See R-89-942 hereinbelow) Mayor Suarez: OK, so moved and seconded. Mrs. Range: I second it. Mayor Suarez: Call the roll. Thank you, Commissioner. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-942 A RESOLUTION GRANTING THE WAIVER OF THE USER FEE FOR OFFICE SPACE AT THE MANUEL ARTIME COMMUNITY CENTER TO CATHOLIC COMMUNITY SERVICES, INC., LITTLE HAVANA OUTREACH OFFICE, IN AN AMOUNT NOT TO EXCEED $5,377.56 ON A MONTH -TO -MONTH REVOCABLE PERMIT BASIS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Range, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Mayor Xavier L. Suarez NOES: None ABSENT: Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre 196 October 12, 1989 54. DISCUSSION CONCERNING PROTEST BY MR. JACQUES DESPINOSSE IN CONNECTION WITH CITY OF MIAMI'S DONATION OF SURPLUS EQUIPMENT TO HAITI. Mayor Suarez: Mr. Jack Despinosse, do you want a make a statement on behalf of the group that is assembled here with you? Mr. Plummer: What item? Mayor Suarez: It's not on the agenda, Commissioner. Mr. Jacques Despinosse: Yes, Commissioner Plummer. Mr. Plummer: How are you, sir? Mr. Despinosse: I'm OR. I'm here... first of all, Jacques Despinosse, 5500 East 77th Street in Miami. We still have a question involving the Haitian community with approval of this Commission last December 15th was sending 22 trucks and equipment to Haiti. We are still trying to reach a member of this Commission to give us some more details in exactly how this is a deal cover-up and give us some explanation. I think you know, we are entitled to an explanation as citizens of the City of Miami and so far it has been very hard to get explanation. We made several different calls to Commissioner Dawkins' office. All we get from him, "the man had to do what the man had to do." I think you know, this kind of response coming from an elected official is unacceptable so we here request if we can come back... Mayor Suarez: Jacques, are you requesting a Commission hearing date? Mr. Despinosse: ... on the next Commission meeting. Mayor Suarez: We are going to have to give you the first and only one in November, because the second session this month is on Planning and Zoning and that would be November what? Mr. Plummer: 16th. Mrs. Range: 16th. Mayor. Suarez: 16th and we'll give you the usual time with the usual flexability that we have. All right sir, thanks to all of you for being here. I think I speak on behalf of the Commission when I say that we want to be sensitive to the Haitian Community here in Miami as to their feelings on our handling of any issue that comes up that affects Haiti. If we haven't been in the past, I know I speak, I think I speak on behalf of all of the Commissioners and the Manager when I say that I apologize and we will always be careful to listen to your concerns, and that's why we have scheduled you for the meeting in November so you can have a full presentation on your concerns. Mr. Despinosse: OR, thank you. Mr. Mayor, we want to make it clear, we are not against the like I spoke to you yesterday. All we want, I think we deserve an explanation as citizens of the City of Miami. That's it. Mayor Suarez: All right, and you have a right to a forum. We took you out of order today, just so you understood that the procedure is to request a hearing date and we will have you in November. Thank you, gentlemen and ladies. Mrs. Range: Mr. Mayor, I feel moved to say something. I think that here in Miami, during the Papa Doc Duvalier circumstances, when it seems that the people in Haiti were suffering to such a very great extent, I think that everyone here felt the pain, especially those of us who are black, felt the pain of those persons there and whenever we hear of uprisings in Haiti, even though we do not understand everything about it, and why certain circumstances occur, I believe that whatever is done, whether it is completely right, or possibly wrong, is done in a spirit of trying to help our brothers and sisters on a distant shore. If something has been done to displease those of you who are here, or who understand more about your situation, then I feel that rather than condemning a person who might have done it out of sympathy and empathy 197 October 12, 1989 for those persons need to be given some consideration. I'll tell you friends, here in this community, we're all struggling, trying to get along as best we can, we are all reaching out a helping hand, and certainly Commissioner Dawkins has not asked me to say this, but I do feel that whatever was done, as far as the provisions made for sending merchandise to Haiti or something, I feel that it was not done in a spirit of attempting to hurt those of you who are here in our country, and it might have been done mistakenly, but I feel that this certainly is not the forum and especially at this particular time, to cause it to appear that something was done in hate or animosity toward those of you who are here. I just wanted to say that to you because that's the way I feel about it. I think perhaps if you were to talk with Commissioner Dawkins, give him an opportunity to say what the real thrust was, then you'd probably understand a little more of his motives. Mr. Despinosse: Commissioner Range, and I know you know me a long time, and I've known the members of the Commission for many years, especially Commissioner Dawkins and we are friends, that's my belief, and I've known Commissioner Dawkins a long time, before he was sitting as a Commissioner, long time, I mean. What is hurting the situation, when first we received a call from Haiti, and I myself called Commissioner Dawkins and other members of the Haitian community did the same, so I think it was clear and simple and to just return a telephone call and give, like you just said, something, just A, B, C, and that will be - the case can be understood but, we all are human beings, we have feelings. Maybe this might be OK in Haiti, but here in this great land of America where democracy is supposed to be the top of the agenda, we understand each other right and we do respect each other, then I think we can solve a lot of problems, but by not returning my call and taking it from Commissioner Dawkins, we are not enemies, I still look at him as a friend of mine, because he is sitting here, but that is hurting for him not to even return my calls to tell us what's going on, so when I went to City Manager upstairs, he talked to me - Mr. Odio talked to me, and I went back to Commissioner Dawkins' office, the response I had, "The man has to do, what he has to do," I think this is wrong. Mayor Suarez: OK, well let's hope that in the spirit of communication that the Commissioner referred to between now and the hearing of which you will have, you will be on the agenda, we'll have a higher understanding, but I think the Commissioner's words were echoed by all the members of this Commission, I believe. OK, if there is nothing further on this item, which really wasn't on the agenda. We understand we took you out of turn to at least have an idea of what the issue was, as we've done in the past with groups that came to City Hall without being on the agenda. 55. GRANT REQUEST FROM MR. W.L. LUMSFORD - concerning placement of a Thomas Jefferson statue in a public facility - Direct Manager to identify location. Mayor Suarez: Item 42. All right sir. Oh, Thomas Jefferson statue! Well, how are we doing? Mr. W. L. Lumsford: This is going to be refreshing. I don't want any money? Mr. Dawkins: Yes, all right! Mayor Suarez: But you got the money for the statue, right? Mr. Lumsford: That's right. Mayor Suarez: OK, how much is it going to cost? Mr. Lumsford: I don't know that yet, but I'm just telling you I will not need any City money to get this statue up. Mayor Suarez: You know, we are at the point now that we have so many inaugurations and dedications that we can barely make all of them, but I'll tell you this for myself, if you promise to put some of those great writings of Thomas Jefferson on him... 198 October 12, 1989 i Mr. Lumsford: Yes, I will. Mayor Suarez: Then I, for myself will be there, because to me I think nothing is more thrilling than to read some of the things that he said as one of the founding fathers of this country, so... Mr. Lumsford: I was talking to a fellow outside and I said i.f... Mr. Dawkins: Talking to Thomas Jefferson? Mr. Lumsford: No, no, a fellow, a fellow, not Tom. No, I said that as far as this country goes, the father of this country, as far as ideas go, was Thomas Jefferson rather than George Washington. Mayor Suarez: As far as ideas, for sure. Any status report on where we are? You needed a location for the statue, right? Mr. Lumsford: Yes, that is what... I don't know if you got my proposal. I proposed to put it the Torch of Friendship for a very definite reason and... Mayor Suarez: I guess if it were there, it would be at most a bust of Thomas Jefferson, we couldn't have a very large statue there, because we've got the torch there. Mr. Lumsford: No, it would... right, it would go along with the statue of Simon Bolivar, because they were contemporaries and Bolivar get a lot of his inspiration from Jefferson. Mayor Suarez: Absolutely, they are two great liberators. What is being proposed by staff on this? Is staff all involved in concerns of Jacques Despinosse so that we cannot get resolved a statue for Thomas Jefferson that we all agree on? Why don't we approve in principle and have the City find a - location. You have to get your financing plan complete, and I mean financing plan, you've got to show us you got the money in the bank, I don't want any euphemism, you've got to show us who the sculptor is and whether it is already built and if so, how much space will it take up and do you have the money in the bank and then so on, OK? Mr. Lumsford: OK. Mayor Suarez: You'll be able to get all of that together? Mr. Lumsford: Yes, I'll be able to do that. Who do I see with that information? Mayor Suarez: Well, that's a good question. I was just about to ask our City Manager, who is the person that he should link up when he gets all his financing and the sculptor together and anything else? Everybody is pointing at everybody else! INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Al Ruder, the Parks Director and, why don't you give him a phone number? Mr. Ruder: I gave him my card. Mr. Plummer: Mr. Mayor, shouldn't there also be a first by the trust? Mayor Suarez: If it's in Bayfront Park? Yes, I was thinking that he may want it in some other park, or we may recommend some other park. Al, would you take, if it is going to be in Bayfront Park, take him to the trust of course and make sure that the trust... because we've had at different points about 30 different statues, I think in that... Mr. Dawkins: Mr. Mayor, before we go any further... Mayor Suarez: Before we go into Bayfront Park. Commissioner Dawkins. Mr. Dawkins: Before we go any further, you know, we used to have a gentlemen who frequented every Commission meeting and then he got angry and decided not to come, I see he's back. Welcome, Mr. Pedro Palaezl 199 October 12, 1989 Mayor Suarez: With a new hairstyle! I'll entertain a motion on the Thomas Jefferson... Mr. Plummer: Speak for yourself, Mr. Dawkins. Mayor Suarez: The Thomas Jefferson statue proposal. Mr. Dawkins: Move it. Mr. De Yurre: Move it, second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. Mr. Fernandez: But you are not identifying a place? Mayor Suarez: No, no. In fact, that's precisely what the motion really should read, that the Manager should identify and the Bayfront Park Trust should approve it if it's going to be there, a location. Mr. Plummer: We want to know, Mr. Mayor, why you didn't recognize Julio Gonzalez Full -of -Bull. Mayor Suarez: I think that recognition you just gave him is entirely proper. We'll leave it at that. Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 89-943 A MOTION GRANTING REQUEST RECEIVED FROM MR. W.L. LUMSFORD FOR PLACEMENT OF A STATUE OF THOMAS JEFFERSON IN A PUBLIC FACILITY; FURTHER DIRECTING THE CITY MANAGER TO IDENTIFY THE PROPER LOCATION FOR SAID STATUE SOMEWHERE IN BAYFRONT PARK; AND FURTHER STIPULATING THAT ALL COSTS ASSOCIATED WITH THIS PROJECT WILL BE PAID BY MR. LUMSFORD. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. October 12, 1989 56. (A) CREATE ADVISORY PANEL TO THE OFFICE OF PROFESSIONAL COMPLIANCE (O.F.C.) ADVISORY BOARD - to investigate community grievances concerning Police Department - Establish composition of the panel. (B) GRANT FULL SUBPOENA POWERS TO NEWLY -CREATED advisory panel to the Office of Professional Compliance - subject to final resolution of pending court case in the Third District Court of Appeals concerning City's power to delegate said power. (C) EMERGENCY ORDINANCE: Provide for Advisory Panel to Office of Professional Compliance. Mr. Dawkins: Item 53, let him... Mayor Suarez: Item 53, Commissioner, you have 53 out of turn. Mr. Dawkins: Yes, this gentlemen... Mr. Odio: Mr. Mayor, may I... Mayor Suarez: Reverend Starks, would you... Mr. Dawkins: Be right here, Mr. Manager. Mayor Suarez: ... be in physical shape to be able to make a presentation? Rev. Willy Starks: Well, I'm going to have to, my other representative had to leave to go onto another engagement. First of all the OPC... well, let me say first of all, Mr. Mayor and the City Commission and City Manager, we thank you for this opportunity to bring this issue back and putting it on the agenda. The OPC, as we know, is a very important organization that we need for our community, especially in the months ahead and at our last meeting with the City Manager, it was brought to our attention that it's not in operation because of the Concerned Black Citizens. So I'm here to say that we ought to let it go under even though we are in strong protest, we want to let you know that we don't agree with it going under the Police Department, but we will allow it to go under the Police Department with two recommendations. First of all, that they work under the Police Department, but that it be budgeted by Internal Audits Division. Also, item number two is that the OPC, instead of, as I think the ordinance states that an advisory committee be appointed, that the civilian independent review panel be the advisory committee, but not on the ordinance with the OPC. What I'm trying to say is that the OPC will do the leg work, do the investigation, report to the Chief, and then bring it back to the civilian review panel that will have power to subpoena whatever witness needed to extradite whatever the situation is. Mayor Suarez: So what you are doing is, you are sort of coming up with a hybrid of the existing OPC with an independent review panel. Rev. Starks: Yes, but I do not want it written in the ordinance, because we don't want to take any power away from the independent review panel... civilian review board. Mr. Dawkins: OK, but you want to take power away from OPC. Rev. Starks: No, we are not taking power away from OPC, no, no. No, I'm not arguing... Mr. Dawkins: OK, I'm asking, no, no, I'm not arguing, I'm asking. Rev. Starks: No, I'm not arguing, excuse my expression if it sounds like it is coming out, that's not what I am saying. We're not taking any power away from them whatsoever. We are just allowing them to operate under the Police Department, because we do not want the City Manager to go against the State statute, that's the problem. Mr. Dawkins: Don't want the City Manager to go against what.? Rev. Starks: The Statue statute that... and perhaps you'll explain it to... 201 October 12, 1989 0 0 Mr. Odio: The State law says that any civilian cannot intervene or participate in any police investigation. They can only monitor after the investigation has been concluded; and that is the problem we have had all - along, that we were facing a legal opinion, that the civilians could not participate as part of the investigation. Mayor Suarez: I'd like to see the relevant State statute for myself, being an attorney, and I think maybe the rest of the Commission, the text please, and the entire statute, so that I can look at it. Mr. Plummer: Who, for purposes, this panel of lay people, who appoints them? Mr. Odio: You would have to do that. Rev. Starks: This City Commission, yes. Mr. Plummer: And what powers would the lay panel have? Mr. Odio: They cannot have investigative powers. They cannot investigate. Mr. Plummer: For what purpose would they serve? Mayor Suarez: Investigative, if they have subpoena powers, they would of course have investigative. Mr. Plummer: I thought we could not give subpoena powers? Mr. Odio: They cannot do it, Mr. Mayor, according to the law. That's the problem we have been having in working out... Mayor Suarez: Wait, wait, that issue has not been resolved yet ultimately. Mr. Odio: No. Mayor Suarez: OK, but I just want to clarify that he mentioned and I think that is why Commissioner Plummer is inquiring. He mentioned subpoena powers. Mr. Plummer: He did. - Rev. Starks: I'm talking about, you know, the independent review panel recommended that you appoint a permanent civilian review panel and... Mayor Suarez: The ad hoc one recommended a permanent one with the same kinds of powers, subpoena powers. Mr. Fernandez: Which is not necessarily related to OPC. Rev. Starks: Right. Mayor Suarez: I know. Rev. Starks: See, we don't want that related to OPC, but instead of, and the ordinance that pertains to OPC. You say that you will appoint a civilian review board, I don't think you need a review board to do that. The civilian review panel can be that reporting... that's what I'm trying to say. Mayor Suarez: Thank you. We don't want to end up creating so many boards so people aren't too sure where to go again, which is what's part of the problem. Rev. Starks: Right. That's correct. Mr. Plummer: How many boards... Mayor Suarez: Now, we are not sure... J.L., if I may just finish the thought here, we're not sure... I think for myself, I want to give it subpoena powers, I want to give it full investigative powers. Rev. Starks: Civilian review panel, yes. Mayor Suarez: Right, now we are not sure whether we can (a) give it subpoena powers, that's still being litigated, unless I'm wrong. 202 October 12, 1989 Mr. Fernandez: Correct. Mayor Suarez: And of course, investigative powers would flow from subpoena powers, so to the extent that we can legally, without getting a change in the State law, I would support it and I have a feeling the Commission would. Mr. Fernandez: The only issue with that... Mrs. Range: Sir, what about the... Mayor Suarez: Commissioner Range. Mrs. Range: ... Office of Professional Compliance, do we not have an ordinance... Mayor Suarez: Well, what they are trying to do is, they are trying to make the Office of Professional Compliance be the staff for the independent review panel is what it comes down to, a permanent independent review panel. Rev. Starks: We need... right now we don't have anybody inside doing investigations but the police officers. We need the Office of Professional Compliance. We need somebody on the inside. Mr. Plummer: Well, let me ask a couple of questions if I can. Let me try to get the layers if I can, because we are getting layer on top of layer. You know, not only do we have the internal security, we are now proposing the Office of Professional Compliance. We also have the DRB, the Departmental Review Board, Behavior Board, or whatever that is. We have Civil Service procedures. We have the State Attorney's office, so if I'm understanding correctly what you're saying is that once internal security has completed their investigation the Office of Professional Compliance can then come in and do what they want to do because, of course, the other investigation is over with, is that correct? Rev. Starks: If they are in the Police Department then they should be able to be privy to the investigation. Mr. Plummer: Privy, but not interfere. Rev. Starks: Right. Mr. Fernandez: Correct. Mr. Plummer: OK, now, once those two entities have made their decision, are you saying, turn this over now to a lay board? Rev. Starks: Any discrepancy OPC might find, we'll turn it over to the civilian review board to investigate. Mr. Plummer: And as such, what powers would a so-called Civilian Review Board have? Rev. Starks: We hope that it will have the subpoena powers that was given to the ad hoc. Mr. Plummer: OK... wait a minute, I'm sorry. Mrs. Range: Go right ahead. Mr. Plummer: Even if they have subpoena powers, what authority do they have to impose whatever... - Rev. Starks: Well, what we would then is report the findings of the Civilian Review Board back to the City Commission for further action. Mrs. Range: Commissioner Plummer. Mr, Plummer: Yes, go ahead, I'm... Mrs. Range: You do not have and cannot have by State statute subpoena powers, is that correct? 203 October 12, 1989 0 E Rev. Starks: Well, that's the challenge right now. I don't think it's been resolved. Mrs. Range: No, that's the law right now. Rev. Starks: It has been resolved? I'm not sure it has. Mrs. Range: Is that not correct, Mr. City Manager? Mr. Plummer: Well, I think there is a court case on it right now. Mrs. Range: You have a court case on it. Is a court case going on on this as to whether... Mr. Odio: No, the court said that they could not issue subpoenas, but they asked us... you asked us to appeal and they are in the appeal process right now. Mr. Plummer: Well, but wait a minute, for Mrs. Range's edification, Ms. Range, this comes about when the Overtown Review Board tried to use subpoena power, the FOP went to court and challenged their right to have subpoena power. That is the case that is presently in the courts. The court said, now, you correct me if I'm wrong, the court said, no, they did not have subpoena power and the City is appealing that court decision. Mayor Suarez: No, the motion was a little more complicated than that. Mr. Plummer: Well, if this City Attorney says I'm correct, you say I'm wrong. He makes more money than you, I'll take his word. Mr. Fernandez: Actually, the proper parties... Mayor Suarez: I've never disclosed that. Mr. Fernandez: ... to the appeal are the independent review panel... Mr. Plummer: Rather than the City. Mr. Fernandez: Right, and the City has joined. The Third DCA, Court of Appeals has given the City the right to come in and file its own brief because the issues at stake are of significance and great importance. Mayor Suarez: OK, while we solve the issue of subpoena and investigative powers, let me point out something that the lieutenant just clarified for me. Maybe it will clarify it for the rest of us and I think this is in line with why you are suggesting this. Apparently only one inquiry can take place at a time. Mr. Fernandez: Correct. Mayor Suarez: Therefore, if we have an OPC, an Office of Professional Compliance, and we somehow put it under the Police Department in some capacity, they can be part of that one investigation and we don't run afoul with State law and that is your inventive, creative way of solving the problem. Mr. Fernandez: If by taking part of investigation, you mean that they can be there, they cannot actively participate or interfere with the conduct of the investigation, but they are privy to what's happening. Mayor Suarez: That's helpful, that's helpful. Now, how... Mr. Plummer: Why can't the OPC directly come to the City Commission? We are compounding layer upon... Mr. Odio: Then OK, you... Mr. Plummer: Excuse me, one of the things that we hear that is so legitimate in this town is any investigation takes forever! Mr. Odio; Well, the problem is, Commissioner... 204 October 12, 1909 Mr. Plummer: Forever] Mr. Odio: Commissioner, the problem is... Mr. Plummer: You know, you put one more layer and one more board that's got to wait until the other one is finished... Mayor Suarez: We have an OPC. We're trying to not have another layer. Mr. Dawkins: Mr. Plummer, I suggested that the ordinance be held up in an effort to attempt to work out the differences. This is gone on for five months, I move the ordinance as written. Mrs. Range: I second. Mayor Suarez: Moved and seconded. Mr. Plummer: I've got to go back and read. Mr. Fernandez: On first reading. Mayor Suarez: Now, I'm confused as to what... well, how does the ordinance read as written? Mr. Plummer: Yes, give me step by step as the ordinance reads. Who was OPC under, etc, etc. Mr. Odio: Can I answer something for Commissioner Plummer. You cannot do what you said because then you would really, really isolate them from the Police Department. They could not then sit during the investigation and listen in. The only way they can do that is by being part of the Police Department. Mr. Plummer: Have we established a Department of OPC? Mr. Odio: Yes, by this ordinance you will do so. Mr. Plummer: All right. Mayor Suarez: No, no, no. Mr. Odio: Not a department. Mayor Suarez: He said, have we? Mr. Plummer: Have we? Mr. Odio: We have not. Rev. Starks: No. Mayor Suarez: We have an OPC. Mr. Odio: We have an OPC, unofficial OPC because the ordinance was never passed. Mr. Plummer: Who is the individual in that capacity? Mr. Odio: Her. Mr. Plummer: And who is her? Mr. Odio: Shirley Erwin. Mr. Plummer: Shirley Erwin, what are your qualifications to sit in that capacity? Ms. Shirley Erwin: I've been with the Office of Professional Compliance since its inception in 1981 as an investigator. Mr. Plummer: In Miami? 205 October 12, 1989 Ms. Erwin: In Miami. Mr. Plummer: City of Miami? Ms. Erwin: City of Miami as an employee. Mr. Plummer: Ah ha. Ms. Erwin: I was hired in December of 1981 as an investigator. I worked in that capacity until October 17th of last year when I was promoted to director. Since that time I've functioned in that capacity. I have, as I stated previously, a bachelor's degree in criminology from Florida State University and I am presently working on my master of science degree from St. Thomas University in business management. Mr. Plummer: Which means we can't afford you. Thank you. Mr. Dawkins: OK, but... Ms. Erwin: Also, what we did was... we went through field training with the Police Department, inclusive of going through the Academy, riding through patrol, running through all the units in CID, every aspect of the Police Department, upside down, I've gone through that training. Mr. Plummer: Do you reside in the City of Miami? Ms. Erwin: No sir, I do not. Mr. Plummer: Where do you reside? Ms. Erwin: Southwest Miami. Mr. Plummer: In Dade County? Mr. Erwin: In Dade County. Mrs. Range: Mr. Mayor. Mayor Suarez: Commissioner Range. Mrs. Range: My concern is that since the independent review panel would not have subpoena powers, whatever their findings, would always bring about... I don't want to use the word confusion, but there could never be any agreement or settlement on anything, because all they would be empowered to do is to pass their findings on and until such time as the courts would allow subpoena powers, then I cannot see our having the review board to sit in as they are asking now. I sympathize with their circumstances. Mayor Suarez: I hear what you are saying, just keep in mind two things, one, that the ultimate issue of whether we can delegate our subpoena powers which are in the Charter, has not yet been resolved... Mrs. Range: That's right. Mr. Dawkins: To the independent review board. Mayor Suarez:... and secondly, that there is always the avenue that if we need certain information to have our independent review panel looked at and we think the only way to get it is by us exercising our own subpoena powers, then we could do it at this level and get the information to them. Now, if that information is privileged, yes, we call ourselves into a board of inquiry as Commissioner Dawkins suggested. If the information, by virtue of obtaining it through subpoenas or whatever becomes privileged, we have another little battle on our hands, we may not be able to give it to anybody else, but I don't know if that situation is arising. In every incident that we investigate, there's two aspects to it, as to subpoena powers and as to State law. One is, the aspect of the incident that deals with that specific officer or other City employees, that is very carefully guarded by State law. There we have to use the OPC, the stratagem of having them included in the Police Department investigation. There's also a broader investigation, such as what took place with the ad hoc panel into the kinds of situations that lead to this, the kinds of reforms, etc., etc. All of that we have absolute powers to 206 October 12, 1989 investigate and to act on by policy making. I would hope that the independent review panel would constantly be investigating along those lines. For example, they could investigate how we could best deploy police officers, what is wrong with police community relations, how we can best structure the City to be more responsive, what kinds of benefits should be given to people who are under stress, or what kinds of... all kinds of policy decisions that they can recommend to us. And they have uninhibited power to investigate those things with subpoena powers that I'm aware of. I don't think, Mr. City Attorney, there has ever been a limitation on that. I mean, they can subpoena, presumably any City of Miami or Dade County resident if they wanted to get answers from that individual, the superintendent of the School Board, or whatever we could, as a board of inquiry. And if that person is not himself or herself under investigation for a potential disciplinary action or criminal proceeding, we have no impediment whatsoever, so there is two aspects of the inquiry, and one of it, we can do any way we want, and that, the independent review panel could do that very well. It might be able to do some of the other things too, but we are testing that. Rev. Starks: I'd also like to add too Mr. Mayor that the Concerned Black Citizens has an outside attorney that's looking into that and we hope that you would accept a finding if they come up with one. Mr. Plummer: OK, let me understand, in a simplified version. Mayor Suarez: We want all the legal power we can get our hands on. Mr. Plummer: I don't have the ordinance in front of me here. Hold on, just a minute. What we are in effect doing, is we are establishing the Office of Professional Compliance. Mr. Fernandez: Within the Police Department. Mr. Plummer: Within and under the Police Department. Mr. Fernandez: Correct. Rev. Starks: Yes. Mr. Plummer: That will be privy to investigations, not interfering, who will report to the Police Chief. Rev. Starks: Yes. Mr. Plummer: And that's what the ordinance does. Rev. Starks: Yes. Mr. Fernandez: any other things. Mr. Plummer: Well, what are the other things? That's what I need to know. Mrs. Range: Yes. One thing... Rev. Starks: Shirley... Mr. Plummer: What else does the ordinance propose to do besides those items that I have just outlined? Rev. Starks: We are also asking now that that be funded by the Internal Audit Division. Mr. Plummer: Why? What's the difference? Mr. Fernandez: That is not in the ordinance as it stands right now. Rev. Starks: I know it's not in the ordinance as it stands, that's why I'm making the recommendation. Mr. Plummer: What does this accomplish? Rev. Starks: What is the purpose of the Internal Audit Division? Isn't it in charge of Affirmative Action also? Isn't that part of its working, to do that? 207 October 12, 1989 0 Mr. Odio: I guess, Reverend, the problem, if we do that, technically, they are not under the Police Department, therefore they cannot be part of the investigation. Rev. Starks: So they have to be funded by the Police Department. Mr. Odio: They have to be funded and be part of... Mr. Plummer: Hell, they got a hundred million dollars! Mrs. Range: I have... Mr. Plummer: OK, excuse me, Mrs. Range, may I just ask what else, besides what I just outlined is incorporated in this ordinance that Commissioner Dawkins has asked us to vote on? Ms. Erwin: Specifically what the ordinance does is place the OPC within the Police Department reporting to, answerable to, participating in the ongoing investigations, as you stated, without interfering. It also provides for... the easiest way to do it is just to read what it says here. That is what it starts with the power and duty; trace it, place it back into Police Department, it provides for the personnel and how they will function. It also states... Mr. Plummer: Wait a minute. How many personnel? - Ms. Erwin: It provides for a director, which is myself, to head the office, two investigators and a professional compliance assistant as is stipulated in the proposed ordinance, but currently we do not have that person on staff and... Mr. Plummer: Who are policemen or non -policemen? Ms. Erwin: No, non -sworn civilian personnel. It also provides for a secretary and it describes the duties of the office, the overall function. It provides that the legal counsel, or representation for the office would be the City Attorney. It provides for an advisory committee of which the Commission would recommend or name... Mr. Plummer: The scope of that advisory committee. Ms. Erwin: OK, the overall functions would be that... OK, here we go, The Advisory Committee would insure that the OPC performs in accordance... within SOP's (Standard Operating Procedures). In other words, what the Advisory Committee would do would serve as an overseer of the OPC to ensure that we are carrying out our day to day functions. However, they would not be privy to any of the investigation complaints. They would only receive information of complaints if they require it after those investigations have been closed by Internal Security and the Office of Professional Compliance. Mr. Plummer: And who would deliver that in the form of a complaint or as a form of normal procedure? Ms. Erwin: Either. Either complainant can go directly to the Advisory Committee and file a complaint or it can be the OPC just informing on a monthly or quarterly basis after the fact. Everything, though, is done after the fact. Mr. Plummer: All right, let's assume that a complaint is filed with them. They hear that complaint. What authority do they have after they have heard that complaint? Ms. Erwin: They, the committee itself, would have absolutely no authority. If that complaint has not been investigated by OPC and Internal Security, they can make that referral to Internal Security or OPC for investigation. Mr. Plummer: They could get it first and they investigate it? Ms. Erwin: No, no, they can make a referral. In other words, they can call either unit and say we've got a complaint on thus and so and refer that complaint to either office. 208 October 12, 1989 sas Mr. Plummer: But they don't investigate it first? Ms. Erwin: Absolutely not. Mr. Odio: And if they are not satisfied they can always come to you and say we have a problem with this investigation, we don't feel that it was carried out properly, whatever. - Mrs. Range: You are saying that they are not allowed to sit without any participation? They are not even allowed to sit in on the investigation? Mr. Fernandez: Not the Advisory Committee, only the staff. Ms. Erwin: That's correct, not the Advisory Committee, only the staff of OPC can sit in on those complaint investigations while they are ongoing. Mr. Plummer: Even if those... Mrs. Range: But you work for the Police Department, is that correct? Ms. Erwin: I didn't hear you. Mrs. Range: You are employed by the Police Department? Mr. Odio: Yes. Ms. Erwin: Yes. Under this proposed ordinance, we would be employees of the Police Department. Mrs. Range: Would the record of any investigation be available to the advisory committee in its totality? Ms. Erwin: Not while the case is open, only after it has been closed. That's what the State statute stipulates. Mrs. Range: Only after the case has been closed, which means a decision has been made. Ms. Erwin: Yes. Mr. Fernandez: By Internal Security. Mrs. Range: Well, unfortunately, that's the same thing we've had going on in Miami for to these many years. Is that correct? Mr. Odio: You're right Commissioner, and the only solution would have been to change State statutes and that is a long process. Ms. Irvin: But that's not, again, an issue we can resolve here, because it specifically states in the statute who can be privy to that information while it is ongoing. Mrs. Range: So if the independent review panel feels that they have not been given sufficient information, their only recourse is to come to the Commission, is that right? Ms. Irvin: That's correct, and then... Mrs. Range: And then it would be the burden of the Commission to come to the OPC or go directly to the investigating panel to get the information. Ms. Erwin: That's correct and... Mrs. Range: Certainly we could not be denied that... Ms. Erwin: You cannot be denied that information after the case has been closed, no. Mrs. Range: And well, if it does nothing for us until such time as the case has been closed and we feel that a grave error has been committed or that things have not been carried out in the proper manner, then what recourse do we...? 209 October 12, 1989 Mr. Fernandez: Nothing precludes the Chief of Police, when confronted with evidence that perhaps his staff, Internal Security, might have made an error in judgement, for him to order that investigation to be reopened and to take into account other issues. Mrs. Range: Is that State statute also that the case must be closed, or is this something that has been promulgated by the City of Miami? Mr. Fernandez: No, no, it's State statutes. Rev. Starks: I think that's something that deserves to be looked into. Mr. Plummer: I'm really failing to see the effectiveness of this advisory panel. Rev. Starks: Well, let's put it this way, Mr. Plummer. With the OPC going under the Police Department, we have the same old thing as police policing policemen. As the audit reads, the advisory committee is really of no effect. And that's why we don't want to take anything away from the Civilian Review Panel, but then the civilians themselves, the community, would have some inroads into what's going on. Mr. Plummer: But if they have no clout, what have they accomplished? Rev. Starks: Well, the clout, I still think that once this thing is resolved, that you all have the power to issue subpoena powers. That's to be worked on in the courts. Mr. Plummer: One other question that I guess I have. When we are concluding by Internal Security, in many cases that we have seen of recent, it is beyond Internal Security. It is with the State Attorney's office, and in many cases, the Federal. Now, am I to understand in those particular cases, I don't assume the director of OPC can sit in on the State Attorney or the Feds, but what I am saying is, this advisory panel would not be able to get involved until all of the so-called law enforcement agencies are completed, is that a reasonable statement? Mr. Odio: Well, let me see... Mayor Suarez: Well, the ones that we know for sure are ongoing, I mean, I don't think that... Mr. Plummer: But how do we know when they're completed? You know, the Feds have a way of bringing things up, but never bringing to a conclusion. Mr. Odio: We never know. Mrs. Range: And by that time, it is only for information anyway. Mr. Plummer: Well... Mrs. Range: If the independent review panel has no subpoena powers then I could very easily imagine that the independent review panel, of itself, would not be able to demand that a case be reopened, because they have no powers. Mr. Fernandez: Subpoena powers have nothing to do with the power of persuasion and certainly with the policy thrust of this Commission. Those would be the two operations... Mrs. Range: How are they going to persuade you after everything is taken care of? Mayor Suarez: Wait a minute now, there is another aspect of it. Once the case is closed, once an investigation is not being carried out in accordance with State law, we can carry out an investigation ourselves. We don't need to even send it back to OPC or the Police Department or anyone else. Ms. Lori Weldon: Commissioners... Mr. Odio: Well, I think what I understood was a criminal case, that a person, a policeman was indicted. 210 October 12, 1989 10 0 Mayor Suarez: That's when it gets really tricky when you have potential criminal... Mr. Odio: I don't believe that we can even get involved in that at all. We cannot. Mayor Suarez: Well, but Commissioner Plummer pointed out very correctly and very, very astutely on this issue is that when do we know... for example, let's say the State Attorney completes the investigation in conjunction with our Police Department. And how do we know there is no other agency investigating and I think we could probably set into effect a right to inquire process, like a right to sue letter type thing, where they say, we are not at this point investigating, so that we won't run afoul of State law. Ms. Weldon: Commissioners... Mayor Suarez: In that particular incident. Mr. Fernandez: OPC deals primarily with the City. It's an internal City control. Whenever there is external forces investigating, then there you have a whole set of new constitutional dimensions. Any citizen group... Mayor Suarez: But there is nothing in State law that impedes us from investigating at this level or through an independent review panel something that maybe the State Attorneys or the U.S. Attorney is investigating. Don't... Mr. Fernandez: Except any amount of subpoena power that any individual may have, will not be able to accomplish anything when an individual is under criminal investigation. Mayor Suarez: Oh, because of his own rights, sure. Mr. Odio: Now, what they did in some cases in the Federals they investigated certain officers. They couldn't file charges, but they did send the files back to Internal Security and then we took administrative procedures against some of the officers and at that point, OPC can get involved, but while they are investigating... Mrs. Range: There is no point of intervention. Lt. Joe Longueira: Mr. Mayor, in most cases when there is State Attorney or Federal investigations, we are co -investigating with them, so when their investigation concludes, normally ours in concluding at the same time. It is not like ours concludes and then theirs goes on. Mayor Suarez: Yes, Joe, the tough part is to get them to say that they have in fact concluded. They will let you know that they are no longer expecting you to co -investigate. But for them to say to the general public or in a public statement, we are no longer investigating that incident is very tough, as you know. Ms. Weldon: Commissioners, our concern goes beyond the cases they give to the courtroom. Our concern also goes to the individual that was dragged out of his car for a parking violation or a traffic stop. Our concern is for the individuals that may have maybe harassed or brutalized and it doesn't get to the court system because it is the word of the police officer versus the word of the civilian. That's why we say if you have policemen policing policemen, you will always have this situation where the public is inflamed by things that go on and that the reason we wanted a civilian panel is to let us know from and by a standpoint that the right thing is happening as far as punishment and administrative reprimands are concerned so that the individuals that don't have a lawsuit case can still feel that it doesn't have to get to that extent for them to get justification in the City of Miami from the City of Miami Police Department. Mayor Suarez: Sure, and you want to reinvestigate a case that was fully investigated, you can... you want to see that there was not an abuse of our investigative discretion. You want to see reopened cases that... Ms, Weldon: You want to make sure these cases are investigated, for one. 211 October 12, 1989 0 0 ■ Mr. Plummer: But I'm sorry, the thing that I am missing is, that what... the purpose of this lay advisory board that has no power other than to bring it to this Commission. Ms. Weldon: To release tension within the community and the Police Department. Mayor Suarez: Think of it as the ad hoc committee in Overtown right now. That's exactly what it is, citywide, that's all. Mrs. Range: Repeat that statement, I didn't get it. Ms. Weldon: To release tension between the community and the Police Department. Mrs. Range: Well, it's all right to release tension, nevertheless I think where the relief has to come is from the State level. Ms. Weldon: OK, now that was another point I was going to go... That interpretation was done by the City Attorney's office and we believe that that interpretation may not in fact be interpreted to the full extent that it can be, where it may be some gray area where all this... and people are not privy to this information have been missed. That's why we are having attorneys look into that and make sure that this was just not dictated to us to protect the City of Miami Police Department. Mayor Suarez: We, on our end, are also looking at those opinions to make sure that we get the full extent of our authority unimpeded by somebody's court action. So we are on the same wave length there. Rev. Starks: We also hope to have a... Mayor Suarez: At least I hope the City Attorney understands that and the City Manager. For myself, we want to battle on this issue. You are not laying down or anything on litigation or subpoena powers or anything else. Mr. Fernandez: Hell no. Mayor Suarez: OK, thank you, sir. Rev. Starks: We also hope to have, Mr. Mayor, at a later date a resolution drawn up, by the County I think, the City might want to use as a model. Mr. Plummer: All right, here again, finally, establishment of the OPC, establishment of a lay advisory board. Is there anything else in that ordinance as proposed, since I don't have a copy, besides those items? Mayor Suarez: Is that the basic thrust of the ordinance? I was going to ask the same question. Those are the basic elements? Mr. Fernandez: Yes, except I've heard this gentlemen here suggest something different. Instead of the advisory committee, which is what the ordinance now contains, I heard him to say that he would like to have a Civilian independent review panel take its place. That's a serious deviation from the way that we have prepared the ordinance. Mayor Suarez: Terminologically, what other... in what other way? He just called it a civilian review board. We have defined it as being the same thing. We've defined its maximum power as being the same thing. Mr. Fernandez: Well, it would just be a change of name in essence, because I... Rev. Starks: Except for that advisory doesn't have subpoena power in that ordinance, you know. We were hoping that the civilian review panel will have. Mayor Suarez: Yes, if the Commission agrees to at least invest them with subpoena powers to the extent that the law allows, we'll know soon enough how far we can implement that. 212 October 12, 1989 Mr. Fernandez: I would suggest that is proceeding quite well in the Appellate Court and that we would pass this resolution at a later time. If the Appellate Court upholds our conviction that you, the City Commission can give, then, at that time, you can come and empower them and give them your subpoena powers. Mayor Suarez: Do we lose anything by passing it now? I mean, I'm not sure it would pass, we only have three of us here. Mr. Fernandez: Well, the issue is under litigation and I think that it would be ill advised to be acting, especially in an area where it would be very questionable. You know, the first time that they would have a chance to exercise their subpoena power and the third DCA, or the judicial remedies have not been exhausted. Mayor Suarez: Well, we're quibbling. I mean, I would go for it right now, but I don't care, whatever the Commission wants to do. We can wait for the appellate process to end and then see if we can delegate subpoena powers or not. Rev. Starks: I would like to just warn the Commission that you have a trial coming up and there are potential explosions in the community again and we need something positive to carry back to the community that the Commission and the City is trying to do something to make sure that the black community gets a fair shake in this particular case. Mr. Plummer: All right, let's use that as the example just for trying to see where I'm at, OK? The Police Department has concluded their investigation in this particular case. The State Attorney obviously concluded by indicting. OK, can that lay advisory panel get involved prior to the court trial or... Mayor Suarez: Exactly to the same extent as the ad hoc committee has been involved. Mr. Plummer: Or do they have the right to get involved prior to the court action? I'm asking for clarification. Mr. Odio: I'm no lawyer, but I don't think so. Mayor Suarez: Well J. L., wait, wait! Mr. Plummer: Well, somebody has got to answer my question. Mayor Suarez: They can ask questions like, as we did at the very beginning of this whole process, like deployment, how come there were no blacks on the scene on January 16th, it seemed like. You know, all of the kinds of things that the Ad Hoc Committee has done and it's a place for people to go and say I %.ant answers to these questions. They may be told, sorry, we cannot answer this, this and this because there is a, you know, a State Attorney's investigation in conjunction with our Police Department investigating, but we can answer this, this, and that. Mrs. Range: Nevertheless they aren't getting any answers, I mean, there is no action. They may be getting answers, but there is no action if they have no subpoena powers. Mr. Ramirez: We haven't got any answers. Mayor Suarez: I would be in favor of giving them subpoena powers subject to whatever the courts say later, I mean I... Mr. Plummer: Question, in this particular case that I'm trying to follow through, it is my understanding that the lay advisory board would have the right, once the Internal Security and OPC have completed, to ask any questions they want and be privy to any information. Rev. Starks: That's correct. Mr. Plummer: Are they, if in fact a trial is scheduled, privy to that information prior to the trial? Lt. Longuiera: I believe that is their interpretation, yes, sir. 213 October 12, 1989 0 E Mayor Suarez: That is the most complicated question you could possibly ask. Mr. Plummer: Well, look, but here again I think it's got to be answered. Mayor Suarez: Yes, you are right. There are some things that... most of it will be controlled by the court trying the case, there are a lot of things that the criminal law protects, but... Mr. Plummer: Do you understand my question? _ Rev. Starks: I understand your question. I have to leave that to the interpretation of the attorneys, and I would like them for both sides. Mr. Plummer: Well, attorney, I asked you for your interpretation. Mr. Fernandez: OK, the civilian independent review panel, upon the Police Department's Internal Security concluding their investigation, under the State statute that affords the police officer right of confidentiality in that investigation, they could have access to whatever the police use to fine him, to suspend him, to fire him, to do whatever, or to not do anything to him, but if there is a criminal proceeding going on, that individual is shielded and protected from the civilian independent review panel, from George Bush, from everybody getting close to him, asking him anything or doing anything to him, until the criminal proceeding is through the trial. Mayor Suarez: But you've answered the question. Mr. Plummer: You've answered my question. Mrs. Range: Through and decided upon. Mayor Suarez: There is a lot of information that is available. Mrs. Range: But by then it is completely decided upon. Mr. Fernandez: Of course. Mrs. Range: So I think the concern of the independent review panel is that, you know, when they get that information then all they can say, "Gee, that's too bad," or "We don't think that's fair," - and if they so decide to come to the Commission, it is just like completely reopening the case! Mr. Fernandez: Correct. Rev. Starks: Also with the power to call in witnesses that, maybe, the Police Department overlooked. Mr. Fernandez: But you see, let's keep in mind that the independent review panel, as it is presently constituted right now, if they were to have the power of subpoena, they could investigate, but they could take no action other than to recommend to you, because they are only exclusively an advisory committee to this Commission. Mayor Suarez: And explain too that they can make policy recommendations for things that we can change to improve the system, that's very important. Mr. Fernandez: There you go. I mean, they'll recommend to you, they'll give you their suggestions and then it is up to you, as elected officials, to impact on the system to correct, if you agree with their perception, to correct whatever wrongs were not righted by the Police Department. Mayor Suarez: And it is true that we are limited a great deal in what we can do in this area because of State law, so there is another whole... Mrs. Range: But by the time... Mayor Suarez: Yes, there is another whole frontier here to deal with, which is State law. Mrs. Range: By the time all of this will have been brought to the forefront, emotions will have gotten out of hand, circumstances will have deteriorated to the extent perhaps... 214 October 12, 1989 0 11 Mr. Plummer: Uh huh. Mrs. Range: ... that nothing we can do, you know, sitting here, talking about this in a very calm circumstance is one thing, but when this panel, this review board, feels that the wrong decision has been made and they are not empowered to do anything about it, and they wait until the next Commission meeting to come to say, we think John Doe was unduly mistreated, by that time, all of the emotions will have come forward, you know, that's what causes our disturbances and we need to have something in place to head that kind of thing off. Mr. Plummer: Well, I th9..nk Mrs. Range, that is what the Mayor is trying to bring out, that they would be fully expected to bring those things to the forefront, not as an investigation, but as recommendations to this Commission for change. Mr. Fernandez: Correct. Mr. Plummer: I fully agree with you, you know, after the barn is burnt down, the review panel, you know, is way down the road, but I would hope if a review panel of civilians is established, that they would be fully looked at to say hey, you are going to be looking, and we, the Commission, would like to have your recommendations and we can agree or disagree with. Mr. Fernandez: Correct. Mayor Suarez: And one other aspect of this is very important. Many, many businesses or many occupations have no civilians involved in the process of disciplining them and one of the things a lot of people are concerned is that when you have the police investigating its own, there will be a mind set, there will be a certain set of preestablished notions and by having at least lay people who are not police officers involved in at least monitoring an investigation, that that will be helpful to the process, so anyhow, that's one aspect of having the OPC involved in the actual inquiry. Lt. Longueira: Mr. Mayor, Commissioners, in any event, either way you go, the advisory panel or an independent panel, I would suggest that the current panel is a very narrowly selected criteria. Mayor Suarez: We understand that it would not be just exactly the same membership, it couldn't be. Rev. Starks: Right, but we would also suggest that the scope be widened to cover more than just the Overtown. Mr. Plummer: So we are talking about a panel of five, is that correct? Mayor Suarez: Does it say in the proposed ordinance? Mr. Fernandez: Yes, it's nine. Mr. Plummer: Nine? Mr. Fernandez: Yes. Mr. Plummer: And how would those appointments come about? Mayor Suarez: Why don't we make it eleven if the Commission is going to be... why don't we make it eleven and have one be appointed by the membership. Mr. Fernandez: The composition of the said committee shall consist of five community representatives selected and appointed by City Commission. One Fraternal Order of Police, Miami Lodge 20 representative shall be designated by said lodge; one sworn representative of the Chief of Police and two representatives appointed by the City Manager, one of whom will be an assistant City Manager. That is the composition of whatever name you want to give to it right now. Mayor Suarez: I thought if we are going to have them all appointed by the Commission we wanted to a higher number, but nine sounds good to me and that structure seems about as good as any. All right, Commissioners, we've got other items. Yes, Reverend. 215 October 12, 1989 Rev. Starks: Let me understand what you read there. Is that the ordinance as is read with the advisory committee? OK, because what we are asking is that the advisory committee be thrown out and that the independent review panel be in its place. Mayor Suarez: Totally appointed by the Commission? Rev. Starks% Appointed by the Commission, yes. Mayor Suarez: Is that what you are ... Because if it is matter of changing names, I don't see what the problem is. Mrs. Range: But even though, Mr. Mayor, if the committee is appointed by the Commission, the problem of the review board having any power has not been solved. Nothing has been done. Mayor Suarez: Oh no, no, but they are looking at the independence aspect of it if the panel has some people appointed by the City Manager, there is less independence, presumably, from pressures of being on staff and so on. Your recommendation, I gather, is that when we set that up, that it be appointed totally by the Commission? Rev. Starks: Totally by the Commission that this... Mayor Suarez: How many members? Rev. Starks: You want to make it eleven, that's fine. Mr. Plummer: Why not five? Mrs. Range: Well now, is this different... Rev. Starks: Five, five from where? Mr. Plummer: Five, just five, one by each Commissioner. Rev. Starks: Five independent civilians? I would rather have more than five, even nine. Mayor Suarez: Well, if you are going to go to nine, make it eleven, it makes it easier. Mrs. Range: But does that minimize the duties of the OPC in any way? Rev. Starks: No, no, it doesn't. Mr. Plummer: No. Rev. Starks: The OPC is going to do the leg work. Mayor Suarez: It could have one ex-officio being the... some representatives of the Administration should be present. Mr. Fernandez: OK, and let's keep very clear then, Mr. Mayor, that we're talking about a different committee altogether from the existing committee that's known as the Ad Hoc Committee. Mayor Suarez: Oh yes, that's an Ad Hoc Committee. By nature it is ad hoc to this particular incident and it will finish its work and maybe some of the members will be reappointed to the citywide panel. Mr. Plummer: Are we then talking about each Commissioner will appoint two? Mayor Suarez: Why don't we do each Commissioner two and then one ex-officio, either the Manager or his substitute as he deems proper for eleven altogether? That sound all right? Lt. Longueira: No FOP? Mayor Suarez: Well, I think some of the members of the Commission would be well advised to consider FOP recommendations. 216 October 12, 1989 Mr. Plummer: OK, now before we get into a hassle as we have had a hassle before, I want a clarification see, so I don't get caught blind sighted again. Are we going to recommend or demand that all members appointed must live in the City of Miami? Mayor Suarez: I think the nature of this board is such that we should build that in. Mr. Plummer: OK, live, now not live or work. Mayor Suarez: Live. Live as the law defines... Mr. Plummer: Let's set the guidelines and I'll go accordingly. Mr. Dawkins: I just came in. Tell me where we are, please. Mr. Plummer: We're trying to find out about this board. Mr. Dawkins: What about it? Mr. Plummer% Well, the members of this board, are they going to have to have a requireir.Qnt of being a resident of the City of Miami, or resident or work in the City c.!: Miami? Mayor Suarez: We're talking about independent review... Mr. Dawkins: You got to be a resident of the City of Miami and the board must have a policeman on it. Mr. Plummer: OK, well, we were arguing... not arguing, trying for clarification. Mr. Dawkins: I am not voting for no board... Mr. Ben Boykin: It's not independent if you put a policeman on it. Mr. Dawkins: Beg pardon? Mr. Boykin: It is not independent if you put a policeman on there. Mr. Dawkins: Well then you can call it independent, dependent, or substitute something, OK? I cannot... Mayor Suarez: Well, you'll guarantee that by being able to appoint two people if we make it eleven. Mr. Dawkins: OK, I don't... but I just want them to understand, I cannot expect the policemen to let us kick them around and they not have a voice to tell you they don't like what you're doing. I'm telling you... (Inaudible). Mayor Suarez: OK. Rev. Starks: No intention to want to kick the policemen around, believe me, we need them. That was proven to me a couple of days ago. Mr. Plummer: Looks like somebody kicked you around. Rev. Starks: The police after OPC. Mr. Dawkins: All I'm saying to you guys, all I am saying is, if we are going to have a board, we've got to have representation of everybody, OK? Mayor Suarez: Let me propose once again to bring Commissioner Dawkins up to date on what we are saying, the latest idea on, if I may say so on the floor, if I may characterize it would be to have a total of eleven members, one which would be ex-officio, the Manager or his appointee, he obviously... Mr. Dawkins: What board is this we are talking about? Mayor Suarez: We are going to call it either an independent review panel or an advisory board to the Office of Professional Compliance, however you want to call it. 217 October 12, 1989 i Mr. Dawkins: All right, what does this do to the independent review board that we already have? Mayor Suarez: That completes its work, whenever it completes its work. Mr. Fernandez: Because that is ad hoc. Mayor Suarez: That's an ad hoc committee, panel with a lot of the same kinds of powers that this one would have, but this one would be citywide and it would be impaneled permanently. Mr. Dawkins: Will it go into effect before this board expires, during that board's tenure, or in conjunction with this board? Mr. Fernandez: Whenever the ordinances comes into effect, that's when it would go into effect. Mr. Plummer: We just extended the other board for practically another year, so I would assume this one would come into play while that one is still there. Rev. Starks: I would hope that if it is anyway possible until the regular independent civilian review panel be put into place that the same privilege would be handed to this particular one. Mr. Fernandez: I didn't follow that. Mr. Plummer: Repeat it. Rev. Starks: I said I would hope I leave to the discretion of the Commission that since we have the situation coming up that the privilege would be extended to this particular Ad Hoc Review Panel. Mr. Fernandez: That would be extending the scope of the original mandate that you gave to that Ad Hoc Committee, which was very narrow and limited and then you are talking about OPC which is a permanent structure that you are creating, that you are establishing. I would recommend to you that we do not mix the functions or the duties, or for that matter, the people that serve in the ad hoc and the people that are going to be called to serve on the OPC Advisory, whatever name you give to it. Mr. Dawkins: Wait a minute, wait a minute. Rev. Starks: Let me clarify this now. This recommendation was made totally without the existing ad hoc committee in mind, so there is really no problem if it is extended when the ordinance is drawn, the Black Concerned Citizens have no objections. Mr. Dawkins: I'm sorry that I had to keep running out. Mrs. Range: You said you have no objections, is that what you said? Rev. Starks: Right. Mr. Fernandez: Because this board that we are creating today would only have concerns over OPC related items. Mr. Dawkins: Well what about OPC? Mr. Fernandez: That's being created or reestablished by this ordinance. Mr. Dawkins: By what being reestablished? Mr. Fernandez: Properly placed in the Police Department. Mr. Dawkins: Why? Mr, Fernandez: OK, because we feel that in order to be in compliance with State statutes and because the City is committed to have an Office of Professional Compliance that would continue to monitor and be involved in these types of investigations, the only workable solution that we have been able to find and apparently now there has been a consensus established between 218 October 12, 1909 the Administration and the community, is to have the director of the Office of Professional Compliance and all of the members of that office operating within the Police Department. Mr. Dawkins: OK, now, see, I'm trying to get a feeling for where I am. So then that means that the Advisory Board or the OPC or whatever it is, anytime that there is an investigation, they are free to sit in on it. Mr. Fernandez: No. Mr. Dawkins: Well, why are you putting them in the Police Department for then? Mr. Fernandez: No, no, the staff, the members of the staff... now, let's not confuse this, the members of the staff, the employees, the people that are paid by the City, yes, they will be able to sit and participate and be involved without interfering an ongoing investigation of Internal Security, but not the Advisory Committee. The Advisory Committee is a group of citizens who will not receive any information, who would not get involved with the investigation until after it is concluded. Mr. Dawkins: But does the OPC report back whatever they found or heard to this group? Mr. Fernandez: When the investigation is concluded, yes, they do, not before. Mr. Plummer: What mandates that the OPC has to be under the Police Chief? Mr. Fernandez: State statutes. Mr. Plummer: State Statutes? Mr. Fernandez: Yes, it does. Rev. Starks: State statute. By the City's interpretation, yes. Mr. Dawkins: Are you guys satisfied with what they're saying? Rev. Starks: Yes, as long as that... that was our recommendation that they put it... Mr. Dawkins: Huh? Rev. Starks: That was our recommendation, they go put it under the Police Department for your clarification. That the O.P.C. work with the Police Department, under the Police Department, but when the investigation is complete, that advisory committee that the ordinance states be abolished and that civilian review board be the - they report to the civilian review board. Ms. Range: You say that the ordinance be demolished? Mayor Suarez: Now, we're trying to figure out how to structure the civilian review board. Rev. Starks: No, no, no in that... it says advisory in the ordinance. We don't want it passed as it is. Mayor Suarez: OK, Civilian Review Board is where we are now. Mr. Dawkins: OK. Is everybody happy? Mr. Plummer: Well... Mayor Suarez: Well, we haven't decided the parameters... Mr. Dawkins: Let's vote on it and go home. Mayor Suarez: We can't until we figure out the parameters. Mr. Plummer: We think... 219 October 12, 1989 Mr. Dawkins: OK. Mayor Suarez: What are the parameters going to be? Now, you sat... Mr. Dawkins: But there will be... OK, everybody gets to appoint two people. Mayor Suarez: The proposal is to have a total of eleven with two appointed by each Commissioner and one, the City Manager or his proxy, presumably an Assistant City Manager. Each of us can name police officers, union members, whatever. Mr. Benjamin Boykin: No, no that's... Rev. Starks: No, don't want police officers. Mayor Suarez: I'm sorry, if we appoint them, we have absolute discretion and we're not going to exclude a police officer. Mr. Boykin: Well, it's not independent then because they're working for the Police Department. Mayor Suarez: The only requirement we're putting is that they live in the City, and that's the only compromise we'll be able to achieve today because some of us feel that a police officer should sit on it. Mr. Boykin: Well, you have the O.P.C. Mayor Suarez: Now, understanding that there's eleven members, let's say, of which one or two may be police officers. That's not necessarily going to carry a majority. UNIDENTIFIED SPEAKER: Well, let's say you don't trust the OPC findings. I mean, they're doing the... Mr. Dawkins: No, I'm saying that you don't trust the Police Department. UNIDENTIFIED SPEAKER: That's correct, that's the problem... Mr. Dawkins: Well, all right then, so... and they don't trust you. UNIDENTIFIED SPEAKER: That's the problem... Mayor Suarez: And everybody's saying you don't trust us to do the appointing, so... Mr. Dawkins: They don't trust you. UNIDENTIFIED SPEAKER: That's the problem with the City that we're trying to alleviate right now. You have a problem where the citizens think that police are policing... Mayor Suarez: Well, that's what you have to give input to the individual Commissioners because I can't think of any other way of doing it. Mr. Dawkins: Let me say one thing, let me say one thing, OK? We've been at this for five months, OK? Let's all work together, let's make some concessions here and let's work with this and if it don't work, let's change it. You know, but... Ms. Weldon: Mr. Mayor, in addition to the OPC, you have Internal Security. Mr. Dawkins: I ain't worried about them. Ms. Weldon: I mean, you have Police Department having people there on their side. The community is in a position where it has no one to voice or bring back their concerns. If you're going to put police officers on this panel, we're in the same boat... Mr. Dawkins: No, you're not. Ms. Weldon: ...we have not taken one step forward. 220 October 12, 1989 Mr. Dawkins: Yes, you have. Ms. Weldon: Unless you give us a situation what we have... Mayor Suarez: I don't think so and, by the way, I think it may be a mistake to have no police officers because you won't get the technical input and then they can say, "Well, yes, but you forgot this, this and that," and... Ms. Weldon: Well, can we, at least, establish a limited number of police officers? Mayor Suarez: It would be fine with me. Mr. Dawkins: We aren't going to put more policemen than we got civilians. Mr. Plummer: Yes, don't we have presently policemen on the ad hoc committee? Mr. Boykin: We do, we have five civilian and five policemen. Mr. Plummer: And hasn't that worked out very well? Mayor Suarez: That's the whole point on what I said before and you're not listening. Rev. Starks: Personally, yes, it was very, you know, informative. But for... Mr. Plummer: But, I mean, you know, if we're talking about one policeman, if you didn't use him for anything other than... Rev. Starks: Then, are we talking about going to eleven with one policeman? Mr. Dawkins: No, no... Mr. Plummer: I think... Rev. Starks: Or going to ten with one policeman? Mr. Plummer: We can limit the number of policemen, you know, and I think the recommendation originally was one... Mr. Dawkins: Not more than three, more than three would be a bit excessive. Mr. Plummer: ...one member of the FOP. Rev. Starks: Personally, I don't want anyone from the FOP. Mr. Plummer: Well, let me ask a question. Mr. Dawkins: Well, all of them belong to the FOP. Mr. Plummer: Do you, as representing the black concerned citizens, believe that this lady who will be appointed is totally independent? Rev. Starks: Independent of who? Mr. Plummer: Excuse me, I'm asking a question. Do you believe that this woman, in her capacity, will be totally independent? Rev. Starks: Are you talking about Miss Ervin? Mr. Plummer: Yes, ma'am, yes, sir. Rev. Starks: Of course she's not totally independent. Mr. Plummer: She's not. Rev. Starks: Now, we're talking about the OPC or are we talking about the civilian review panel? Mr. Plummer: I'm talking about her in her capacity as director of OPC. 221 October 12, 1989 Mayor Suarez: No, she can't be independent, she's paid by the City, so, I mean... Mr. Plummer: OK, so you don't believe she's totally independent? Rev. Starks: No. Mr. Plummer: OK. Then what does this office establish if you don't believe that that's independent? What does it accomplish? Mayor Suarez: A citizens, non -employees committee to look over... Mr. Plummer: No, no, no, no. This department and this lady, this director, take her out of it, this director. Rev. Starks: Mr. Plummer, to alleviate some time, the concerned black citizens has agreed to let the OPC work under the Police Department as the Mayor said, she's a civilian paid by the Police Department. We'll accept that. But when it come down... Mr. Plummer: But, you feel that she, being paid by the Police Department, is not totally independent. Rev. Starks: No, she's not totally independent. Mr. Plummer: Then, what does she accomplish in her role? Rev. Starks: Well, as a civilian, at least we hope that she would bring back the report to the civilian review panel. Mayor Suarez: It's a lay perspective and we'll be expected to report to the rest of the Commission and to the board without going through the - and subject to the pressures of being in the department and being a sworn police officer, which is a whole different... Mr. Plummer: Well, what I'm trying... I guess what I'm trying to say that I don't see what that office really serves if you're going to have an advisory panel. Mayor Suarez: Well, we're constrained a great deal by State law, you're right, but we're trying to stay within State law. Mr. Plummer: No, you can still have an advisory panel by State law. Mayor Suarez: Sure, you can have all the advisory panels you want. Mr. Plummer: OK. So, I'm asking, what does the office of OPC accomplish... Mayor Suarez: You have a person that is participating in the inquiry as it happens... Mr. Plummer: Does the OPC have subpoena power? UNIDENTIFIED SPEAKER: No. Rev. Starks: No. Mr. Plummer: I just don't see what's... Mayor Suarez: And she can report to the public at large and to the Commission as to the faithfulness of the process once the inquiry is closed. Mr. Plummer: OK. Ms. Range: I think the - I just have to say that I think the whole thing is an effort in futility. Mayor Suarez; Well... Ms. Range: I don't see anything that has been even accomplished here this afternoon. 222 October 12, 1989 Mr. Plummer: I don't either. Mayor Suarez: Let's go for the best that we can. Ms. Range: Not anything. You have an independent review board who can, you know, see no evil, hear no evil, do no evil. They can't be and... Mayor Suarez: Commissioner, I'll respond to you by saying this, if it had no impact at all, you wouldn't see them up there. Now, they're about to tell you that they dislike it and every reason they're going to give you is one reason that will tell you why this might have some impact. Now, it's still not enough and it's still not what some of us would like... Mr. Plummer: I disagree with you, Mr. Mayor, because they can't be, in any way, affected by this because the advisory panel has no clout. Mayor Suarez: All right, well let's hear from them. Ms. Range: That's right, none whatsoever. Mayor Suarez: Do you love it? Mr. Joe Ramirez: Joe Ramirez, Miami FOP, lodge 20. We sat in with many, many meetings with the City administration, OPC, and representatives of the union. We thought we had it ironed out and now you're changing the game in mid stream. Mayor Suarez: In which sense are we changing it, Joe? Mr. Mayers: Well, you're changing the advisory committee to begin with. Mayor Suarez: How are we changing it? We haven't even voted on it yet, but how do you think we're changing it? Mr. Mayers: Well, there was representation there by the organization, by the union. There was representation there by the City Manager. It wasn't a stacked meet•ing... Mayor Suarez: In other words, you liked the format of nine members... Mr. Mayers: You picked five, you have control of the five. Mayor Suarez: We pick five and the other four are as suggested. Mr. Mayers: We agreed to it. Mayor Suarez: See, they would like it as... UNIDENTIFIED SPEAKER: No. Mayor Suarez: ...as less independent as possible and that's one reason that it has more of an impact, if we make it more independent. OK, what else? Mr. Mayers: As far as... Mr. Plummer: What difference does it make, they have no clout? Ms. Range: No clout. Mr. Mayers: You're asking for them to live in the City, if you appoint a policeman... Mayor Suarez: Yes. Mr. Mayers: ...from some place, the union doesn't have any input. Mr. Plummer: But, Joe, what difference does it make when this advisory panel has no clout? Mr. Mayers: To us, none. Ms. Range: None, an effort in futility. 223 October 12, 1989 Mr. Plummer: Exactly. I see nothing being accomplished, unfortunately. Mr. Fernandez: Well, the... Mayor Suarez: Does that mean you're going to vote for it? Mr. Plummer: Hey, Mr. Mayor, I'll vote for it because these people have asked for it... Mayor Suarez: Thank you. Mr. Plummer: ...but I don't know and don't see what's being accomplished. I really don't. Mayor Suarez: OK, but you've said that. If you have no objections to it and if they think it might accomplish something as they have proposed it which is with a little bit more independence, then let's try it. What do we lose by trying it? Ms. Range: What is a little more independence? How do you measure a little more independence? Mayor Suarez: Well, they object, for example... I'm sorry, yes, they object to the idea that the Commissioners would appoint all the members. They would like to see two by the union and, you know, one by the Police Chief, or whatever the other format was. And a certain number of - minimum number of police officers. We might choose to just have all eleven appointed by us. In fact, we could be the independent review panel. And we have subpoena powers to the extent that we can apply them to this kind of situation is unclear, but... Mr. Plummer: That's clout! Mayor Suarez: We're trying to invest this group, which, presumably, would meet fairly frequently if there were incidents they had to consider with almost all of the powers that we have and then, advise us of what they think that we ought to do. It's worth a try. It's something that I know the union favored up to the point of which made it a little bit more independent and took away the automatic membership and appointments from the union. I don't know, how do you want to proceed? But's let's decide, for God's sake. Mr. Fernandez: But, Mr. Mayor, a point of concern here is that originally the advisory committee was intended to serve many functions but some of the primary functions was to really monitor the staff, was to monitor OPC, to establish that kind of link with them. What I understand is happening, is that the concept of the civilian review panel is going beyond that and the relationship between OPC and this review panel is becoming, you know, more hazy all the time. Mayor Suarez: Well, the creation is becoming more hazy, but the relationship will be determined over time, I mean, I don't... Mr. Plummer: OPC is monitoring Internal Security. The review panel is monitoring OPC. What in the hell are we doing here beside ordering more bureaucracy? Ms. Range: Not a thing. Rev. Starks: Well, Mr. Plummer, it's whole lot less than having OPC and having an advisory committee and a civilian review panel. We're just eliminating one. Mayor Suarez: All right, Commissioners, we've got to act. We've got other items here. Let's just express our preferences, let's put it to a vote. We have two clear choices, everything else on the OPC I think is agreed upon, it's worth an effort. Mr. Plummer: How much is the cost of the operation on an annual basis of OPC? Mr. Dawkins: Two hundred and fifty thousand. 224 October 12, 1989 Mr. Plummer: How much? Mayor Suarez: What is the budget of OPC, Mr. Manager? Mr. Plummer: Hello, Mr. Manager. I'm not calling collect. Mr. Odio: Two hundred and... I think it's two hundred and forty thousand. Mayor Suarez: All right... Mr. Odio: I'm sorry, two thirty-one. Mayor Suarez: ...that was close to the figure that Commissioner Dawkins gave. Mr. Plummer: Is that coming out of the police budget? Mr. Dawkins: Yes. Mayor Suarez: We have the staff for the Office of Professional Compliance, not a single new person is being hired that I'm aware of. Mr. Plummer: Two hundred and thirty-one thousand dollars? Mayor Suarez: We're not changing that. So, if you disagreed with it... Mr. Plummer: How many people...? There's... Mayor Suarez: ...the budget time would have been a good time to complain. Mr. Plummer: There's a director, two investigators, and a secretary. Mr. Odio: There's a total of four people. Four people. Mr. Dawkins: Oh, hey Joe. Hey, Joe. Ms. Range: Just once more before we put this to a vote. Will one of you who are representing the independent review panel... Mr. Plummer: How much does the director make? Mr. Odio: Too much. (Inaudible comment) How much is it? -forty-five. UNIDENTIFIED SPEAKER: Fifty. Mr. Odio: Forty-eight. Ms. Range: ...tell me what you will be satisfied with this evening other than subpoena powers. We know you can't have that. Mr. Odio: She's making forty-eight. Ms. Range: We know you can't go into the - of all which has been discussed, what can you get out of it? Mr. Plummer: Is that forty-eight, plus fringe? Mr. Boykin: What can we get out of...? Ms. Range: We are now getting ready to vote. I want to know, what... Rev. Starks: I would compromise. Ms. Range: ...what is going to - yes, what will be the compromise? Rev. Starks: I will compromise at least two appointed by each Commissioner and maybe three, at the most, police officers appointed by - one from the Manager, maybe two from the... Mayor Suarez: From the union. Rev. Starks: Yes. 225 October 12, 1989 Ms. Range: And that's it? Mayor Suarez: All right, Commissioners, we'll never get out of here unless we agree to a compromise. Rev. Starks: Well, the City Manager say we only need one officer which I'd like a whole lot better, Mr. Odio: They only requested one. Mayor Suarez: Well, it looks like three now and Sam's fingers... Joe, is that four or two or what? Mr. Ramirez: You've had problems in the past where you've got other social organizations in the City, as the MCPBA, this Hispanic officers, and you may find out that they're going to feel excluded over this whole situation. Mr. Odio: I thought we only had one union. Mr. Mayers: Now, you're asking for just one FOP rep. Mayor Suarez: Do you think three, three... Mr. Dawkins: Yes, three. Mayor Suarez: ...plus ten... Mr. Dawkins: One, one, one... one Hispanic, one Black and one White, that's it. Mayor Suarez: From the three organizations, they get one from the collective bargaining unit and one each from the two minority organizations in the Police Department. Call them social, it sounds a little... all right? Mr. Plummer: How many members are we up to now? Mayor Suarez: Thirteen. Thirteen. Rev. Starks: Thirteen or eleven? Mr. Plummer: If it's eleven and three are policemen... Mr. Dawkins: No, but you see, I thought we said that the Commissioners would appoint two policemen. Ms. Range: Uh uh, we didn't say that. Mr. Plummer: Now, it's up to three. Rev. Starks: No, no, no, no. Mayor Suarez: We could make it five from the Commission and three others as stated. That would be a... UNIDENTIFIED SPEAKER: No, there's two from... Mr. Mayor, there's two from each Commissioner, with a maximum of three police officers and one from the Manager. A total of eleven. Mr. Dawkins: OK, all right, and see, and the reason I say that is, I, personally, me, Miller Dawkins, would like, if I chose, to appoint a policeman who I thought that I would like to see working in there. I don't want the Manager to have the prerogative of appointing three policemen and that's my only reason. Mr. Plummer: But now, excuse me, Commissioner, just for clarification, if there's only three Commissioners... three policemen and five Commissioners, who are the three that are going to be designated? Mr. Dawkins: By the City... Mr. Odio: I guess it will be the FOP president or whoever... 226 October 12, 1989 Mr. Plummer: The hell you say. Mr. Odio- ...and the social - Harlan and... Mr. Plummer: But I mean, are... is Dawkins...? Mayor Suarez: Commissioner Plummer, you were arguing a few minutes ago that this whole thing is useless... Mr. Plummer- ...De Yurre, and myself each going to appoint a policeman as part of our two? Ms. Range: Yes, if you want to. Mr. Dawkins: If we want to. I would. I would like to, yes, I'll take one. Mr. Dawkins: But then, Miller, you would have... Mayor Suarez: You are free, for your own appointment, to appoint whoever you want as long as we don't exceed... Do you want to put a maximum of three? Rev. Starks: A maximum of three. Mayor Suarez: OK, Commissioners, do agree to have a maximum of three out of how many? -out of thirteen? Mr. Plummer: Out of ten. Rev. Starks: Out of eleven. Mr. Plummer: Eleven. Mayor Suarez: Out of eleven. All right, we agree on that parameter? Mr. Plummer: It's a ten member committee with an ex officio member appointed by the Manager. Ex officio, non voting. Mayor Suarez: Which makes it an eleven member committee, eleven... Mr. Plummer: Well, it's actually ten members but eleven people. Mayor Suarez: Right. Eleven members because he votes. The fact that he's ex officio doesn't mean he doesn't vote. All right, so we got eleven. Mr. Plummer: All right, now, am I then expected, if this passes, which I think it's going to, that I will appoint one policeman and one lay person. Is that's what's expected of me? Mr. Odio: You only had it three police.... Rev. Starks: other Commissioners don't want to... Ms. Range: Yes, or you could... Mr. Plummer: Huh? Rev. Starks: That is, if you have - if each Commissioner appoint a police officer, you're going to have four police officers. Now, there's a maximum of three. Mr. Plummer: But that's why I'm asking for clarification... Rev. Starks: Right, I... Mr. Plummer: Which three Commissioners are going to include a member of the Police Department in their two? Mr. Odio: What I... Ms. Range: Tell me, when are these appointments going to be made? That's important to me to know. When are the appointments going to be made? 227 October 12, 1989 Rev. Starks: That decision is the Commission. Mayor Suarez: As soon as we get the ordinance passed and in effect, which depends on whether today's the second reading. Ms. Range: How many days is that? Mayor Suarez: Well, if... Mr. Odio: Well, this is first reading. Mayor Suarez: It looks like it's going to be first reading. Ms. Range: And you have thirty days? Mr. Plummer: Let me... Mr. Odio: Then you have to wait for the second reading. Ms. Range: So, I don't have to be concerned. All right, I will not be , that's all. Mr. Plummer: Let me state, for the record, Mr. Mayor, I will be voting with the motion before us. It is my intent to nominate two people of which one will be a police officer. I'm putting my stipulation on the record. Mayor Suarez: All right, let's go for ten - for eleven altogether, one appointed by the Manager and two each by the Commission and that we'll have a maximum of three police officers and let's see if the Commissioners are able to see our way to appointing such that we meet the requests of the MCPBA, the FOP, and the Hispanic Officers Association. Mr. Dawkins: I'll be appointing two and of my two, one will be a policeman. Mayor Suarez: OK, in which case, if I'm still on this Commission by the time we appoint, I probably won't appoint a police officer. All right and... Mr. Fernandez: Mr. Mayor, I need two other issues. I need the matter of a name and the matter of subpoena powers. Mayor Suarez: I don't care what the name is, the name is the functions. You want to call it what? Does anybody care what the name is at this point? UNIDENTIFIED SPEAKER: Civilian Review Panel, but you can't call it Civilian Review Panel if you have police officers on it. Mayor Suarez: Independent Review Panel because a civilian would be somewhat of a misnomer, Independent Review Panel. UNIDENTIFIED SPEAKER: Same thing with independent. Lt. Longueira: Mr. Mayor, I'd be concerned about the... Mr. Dawkins: I think that's got us. I expect you need another one, you don't need that. That's already got a stigma on it. Mayor Suarez: If anybody has a better name, propose it right now, or forever hold your peace. Mr. Dawkins: talking to them.... Mr. Ramirez: Mr. Mayor, Mr. Mayor... Mayor Suarez: No, we have to vote, they don't vote. Yes, Joe, last statement. We're going to vote and get on with this agenda. Mr. Mayers: Unfortunately, you've already got a Civilian Review Panel Overtown. It's going to create a lot of... Mayor Suarez: It's an ad hoc panel, ad hoc. 228 October 12, 1909 Mr. Mayers: But it's going to create a lot of problems. We're better off staying with adversary - uh, advisory. Mayor Suarez: All right, if anybody has a better name. If anybody has a better... I'm getting to the point that I'm going to rule everybody out of order. Mr. Dawkins: Thank you, Mr. Mayor. Mayor Suarez: All right... Rev. Starks: Mr. Mayor, we're going to... Mayor Suarez: You are the first out of order unless you've got a proposal on a name! Rev. Starks: Advisory Panel. Mayor Suarez: Just ad... Mr. Fernandez: Advisory Panel. Rev. Starks: Mr. Mayor... Mayor Suarez: Police Advisory Panel? Rev. Starks: Mr. Mayor, let's say we call it an Advisory Panel. Mr. Fernandez: OPC. Mayor Suarez: OPC Advisory Panel, all right. Mr. Plummer: What? What, what's the...? Mayor Suarez: OPC are the initials of the Office of Professional Compliance and this is just the Advisory Panel to it. All right. Mr. Fernandez: Correct. Rev. Starks: Until the issue of the subpoena power is settled. Mayor Suarez: We have to take that up in a second. That's a bridge we have to cross. All right, Commissioners, I'll entertain a motion on the composition as we just suggested. Mr. Dawkins: So move. Mayor Suarez: Moved. Somebody second, please. Mr. Plummer: Second. Mayor Suarez: Thank you. Call the roll. Mr. Fernandez: And now is this - do you intend this to be first reading of the ordinance? Mayor Suarez: Yes. Well, you told us that it has to be. Mr. Fernandez: OK. Correct, because significant changes have been made and then it needs to advertise. Mayor Suarez: I got you. All right. Mr. Fernandez: So, the ordinance would read now with the amendments that have just been made to it, I'll read it by title on first reading. Mayor Suarez: Mr. City Attorney, before you read the ordinance, we're not voting on it just yet, just one component of it. We need to decide the issue of subpoena powers. Please. Call the roll on the motion. 229 October 12, 1909 The following motion was introduced by Commissioner Dawkins, who moved Its adoption: MOTION NO. 89-944 A MOTION CREATING THE "ADVISORY PANEL" TO THE OFFICE OF PROFESSIONAL COMPLIANCE, IN ORDER TO CONDUCT INVESTIGATIONS OF COMMUNITY GRIEVANCES CONCERNING THE POLICE DEPARTMENT; SAID ADVISORY PANEL TO BE COMPOSED OF A TOTAL OF ELEVEN MEMBERS: ONE MEMBER TO BE THE CITY MANAGER OR HIS DESIGNEE, TWO MEMBERS TO BE APPOINTED BY EACH COMMISSIONER; SAID PANEL TO HAVE A MAXIMUM OF THREE POLICE OFFICERS AMONG ITS MEMBERS. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: All right, yes, now, Mr. City Attorney, you suggest that we wait until the appellate procedures are completed before we try to decide on subpoena powers? I suggest otherwise, that we try to give it subpoena powers subject to the courts, as we always are. How does the Commission want to go? You're cautioning me against going that route... Mr. Fernandez: Yes, exactly. Mayor Suarez: ...you've cautioned me many times and I've ignored your caution. Sometimes I get in trouble. Go ahead, Commissioners. Ms. Range: Will you repeat that again, Mr. Mayor. Mayor Suarez: He's suggesting that we wait before we try to give it subpoena powers until we've got all these legal proceedings in the court system over. I'm saying, let's just give it to them and if the courts later find that we couldn't have done that, it'll be invalid at that point. I don't care at this point. I mean, we... Ms. Range: How do we do it when we know we can't do it? Mayor Suarez: I'm sorry? Ms. Range: How do we just say it and arbitrarily know... Mayor Suarez: We don't know, we don't know. Ms. Range: ...well, it hasn't worked yet, has it? Mayor Suarez: Right, we don't know. Ms. Range: It's in the courts. Mayor Suarez: Exactly. We have inherent subpoena powers. We also have State legislation that says that we can delegate most of our investigative powers. Anyone could construe that that means that we can delegate subpoena powers. Mr. Plummer: Well, Mr. Mayor, I think we have to be somewhat realistic. At this point, as I understand it, we do not have the right to give subpoena powers, by the decision of the lower court. Mayor Suarez: I think we do, but you can... Mr. Plummer: Well, I'm saying is, that that's the case today. 230 October 12, 1989 1] Mayor Suarez: Right. Mr. Plummer: If, in the Third District Court of Appeals, that is overturned, then I think it should come back to this Commission for further consideration. Now, that's, you know... to give a... Mayor Suarez: Right, that makes sense, I'm not disagreeing with that. I just want to vote at this point. It's a policy decision. Ms. Range: I think, sir, Mr. Mayor, that... Mayor Suarez: All right. Ms. Range: ...we had an experience with the ad hoc committee. Mayor Suarez: It does get frustrating to try something and have it be bounced back, I... Ms. Range: Yes, where they attempted to subpoena and they were ignored. I think it's worse to be ignored than to follow the rules... Mayor Suarez: All right. Ms. Range: ...so if, at this point, it has been clearly stated that you do not have the - the committee would not have subpoena powers, I see no point in pushing the issue and then having the committee ignored, because then that looks like it's not worth very much. Mayor Suarez: If that's the consensus of this Commission, the only thing I would ask is for the City Attorney to keep us advised so that if, at some point, we win... Ms. Range: Right. Mayor Suarez: ...the proceedings and we find that we have the ability to delegate subpoena powers... Ms. Range: Then we go with it. Mayor Suarez: ...that we will automatically come back to the Commission for determination. Mr. Fernandez: Correct. Mr. Plummer: That's fine. Rev. Starks: Mr. Mayor, let me say right here and I have to say this because I got to go back to the community with something. That we're going to call this OPC Advisory Committee, then I want to the door open that the recommendation from the Independent Ad Hoc Review Panel be still left open for a civilian review board. Mayor Suarez: Just in terms of the name or the composition? Rev. Starks: Well, because, you see, we're right back, in a sense, where we were with the Advisory Board. Mayor Suarez: We've changed enough, I guess, that it begins to sound more and more like an advisory board as before instead of a civilian review board. Rev. Starks: That's correct and I don't want in any way to get this confused with the recommendation of the ad hoc. Mayor Suarez: I got you. You're saying that we're diverting enough from it that it doesn't sound any more like what they recommended. Rev. Starks: Right. And that the door would be open for you to implement. Mayor Suarez: But the name is not the key thi-g to it, it's the composition. Mr. Fernandez: Correct. And the powers and the scope of... 231 October 12, 1989 Rev. Starks: That's why I would also recommend that it may be reduced to nine in this case. Mayor Suarez: OK. All right, Commissioners, on the issue of subpoena power, I'll entertain a motion. Mr. Plummer: Well, I don't think a motion is in order or necessary at this point. Mayor Suarez: It may not be - yes. If there is... Mr. Plummer: There is none and we'll wait until such time as the decision of the... Mayor Suarez: Yes, if there's no motion to change what is before us, then we go with what is before us. Mr. Plummer: That's it. Mayor Suarez: May make my symbolic motion that we give subpoena powers and I... Mr. Dawkins: We do what now? Mr. Plummer: All right, now, let me ask a question. Mayor Suarez: And I so move. Mr. Dawkins: That we do what? Mr. Plummer: What? Mayor Suarez: I'm going to make my motion that we give it subpoena powers to the extent allowed by law. So moved. Mr. Dawkins: Second. Mr. De Yurre: We have a first and a second, any further discussion? Mr. Plummer: You're doing that in defiance... Mr. De Yurre: I guess so. Mr. Plummer: ...of the actual court case that is presently only one been decided? Mr. Dawkins: No... Mayor Suarez: I thought we argued that already. Mr. Dawkins: I'm doing it in hopes that the courts would know I'm sincere and will rule with me. Mayor Suarez: Thank you. Ms. Range: That's fine to do it, you know, hoping that the court will rule with you. But, when this group knowing - when the general public knows that subpoena powers is not actually a part of your powers, of the powers of this group, simply because we say it here and somebody flaunts themselves in their faces and ignores this committee, I think it makes it even worse. Ms. Weldon: OK, but... Ms. Range; I would prefer not to see it until such time as the State decides that it is proper rather than to be sitting on a committee where somebody simply ignores me. Ms. Weldon: OK, may I suggest then that you put in a contingency that being that you have subpoena power, the court does not rule in that favor that there is a cushion where the committee will still have subpoena power. 232 October 12, 1969 f 0 Mr. De Yurre: Listen, we're not going to resolve the court problems here. We have a motion and a second. No further discussion? Rev. Starks: I just want to make sure, Mr. Mayor and the Committee, I want to make sure that the subpoena power is given to the Civilian Review Panel instead of now this Advisory Committee. Mr. De Yurre: If it can be given, you'll have it. If... Ms. Range: No. Mr. Plummer: Well, I'll tell you something, I cannot vote for that in present conditions. This matter is before the courts, the courts will decide. I can tell you that if you grant that to this yet to be established or going to be established, you're only asking for nothing but legal litigation... Mr. De Yurre: In the alternative... OK. Mr. Plummer: ...the FOP is going to file a lawsuit, as they did with the ad hoc committee... Mr. De Yurre: J.L., in the alternative, if they want to subpoena somebody, why don't they bring it to us and we subpoena them? Mr. Plummer: They can do that tomorrow. Mr. De Yurre: OK, then we do... you go around it that way. Ms. Range: Then they can be subpoenaed from the Commission level. Ms. Weldon: Place it in the motion then, if that fails. Mr. Plummer: That's legal. Ms. Range: Surely. Mr. De Yurre: And we do the subpoenaing. Mr. Dawkins: Mr. Mayor... Mr. Plummer: But not to go in - the motion on the floor is to give this panel now subpoena power and I'm saying that legally, you can't do it. Mr. De Yurre: Or in the alternative, for this Commission to subpoena whoever they want. Mr. Plummer: That's already there. That doesn't need to be discussed. Mr. De Yurre: Well then... Ms. Range: Surely... Mr. Plummer: We can invoke section 14 at any time. Ms. Range: ...we don't even need a motion for that. Mr. De Yurre: Well, do you want to amend, do you want to change or just want to go with that? Mr. Dawkins: Can I hear for the attorney for the independent review board? Sir. Harold Long, Esq.: Good evening, yes, Harold Long, I'm an attorney for the independent review panel. Mr. De Yurre: Two minutes. Mr. Long: Two minutes. Our recommendation that was included in the report which is separate and apart from the recommendation being made today, of course, was that the OPC be continued through ordinance because of the fact that that is the only agency under State law that can be privy to the investigations. As it relates to the question of subpoena power, it is being 233 October 12, 1989 litigated presently as to whether or not our subpoenas are going to be enforced. As a matter of fact, there are briefs that are due in this matter the first part of November. As it relates to the advisory board, this is totally separate and apart from the recommendation that was made by the Independent Review Panel that there be a civilian review board, totally separate from the Police Department so that persons in the community who have complaints against police officers can come to that board and that board would have subpoena power to subpoena witnesses that may have witnessed things and investigate. That's totally separate from the Advisory Committee of the OPC. Mr. Fernandez: From OPC. Right. There you go. Mr. De Yurre: Any further discussion? Mayor Suarez: Wait, yes. But if we chose to establish that sort of an independent review panel, to call it that as recommended by the ad hoc committee, and that independent review panel also worked with the OPC as an advisory panel to the OPC, there's nothing that says we cannot do both together which is why they had very intelligently suggested that we try to do both together and that's what we were trying to do. Mr. Long: OK, certainly... Mr. Plummer: But that's not the motion before us. Mayor Suarez: I think it is. Mr. Plummer: The motion before us... Mayor Suarez: I think if it has subpoena powers to investigate all items that it can legally investigate, it will end up being an independent review panel. Mr. Plummer: Do I understand the basis of the present litigations is not whether the ad hoc committee has the right to subpoena powers, it really is, does the City Commission have the right to designate a group and give them subpoena powers, whoever that committee might be. Is that not... Mr. Fernandez: Both issues are under... Mr. Plummer: Both issues? Mr. Fernandez: Yes. Mr. Plummer: OK. Mayor Suarez: Yes, it's up in the air, but... Mr. Plummer: Mr. Mayor, I think we're just muddying the waters. I think that once that has been made a determination by the Third District Court of Appeals, it should come back before this Commission. Here again, you have... you're talking about giving a group subpoena powers that have no clout. So what is that going to accomplish? I say to you, once a determination is made by the Third District, then come back and let's let this Commission discuss it and if it is the right of this Commission to issue subpoena powers, let's then say, "What is their scope, what is their authority, and what is their clout?" But, until such time... Mr. De Yurre: Why don't we do the subpoenaing through the Commission until the courts decide the issue? And let's... Mr. Plummer: Sir, you don't have to vote on that. It is already presently there... Mr. De Yurre: OK, well at least give them the direction, give them the direction to come to us. Mr, Plummer: Well, that I have no problem with. OK? Mr. De Yurre: That Is it. Mr. Plummer: Under Section 14, the Mayor can invoke it or three members of this Commission can invoke Section 14 which makes us an investigative body and 234 October 12, 1989 I automatically we have subpoena power. You don't have to vote on that, it's there. Mr. Dawkins: Thank you, Mr. Long, sir. Mr. Long: Thank you. Mr. Dawkins: You just earned another one of your dollars. Mr. De Yurre: Call the roll, please. Ms. Range: Let's repeat the motion so we'll be certain what we're voting on. Mayor Suarez: My motion was that the board that we've just created and I think we've called it an Advisory Board to the OPC, but it obviously can function as an independent review panel, whatever you call it, have subpoena powers to the full extent allowed by law. Rev. Starks: Totally independent of civilian review panel. Mayor Suarez: Yes, they have it. Mr. De Yurre: OK, call the roll. Mr. Plummer: I can't vote for it. The following motion was introduced by Mayor Suarez, who moved its adoption: MOTION NO. 89-945 A MOTION GRANTING THE NEWLY CREATED "ADVISORY PANEL TO THE OPC" FULL SUBPOENA POWERS TO THE FULL EXTENT ALLOWED BY LAW. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: For the reasons so stated, I have to vote no at this time. Ms. Range: For the same reason, I think I need to wait until the state has made its deliberation on it. Mr. De Yurre: For whatever it's worth, yes. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: OK... Mr. Dawkins: Mr. Mayor, I got this Omni Tax Increment District, I've been... Mr. Fernandez: No, excuse me, Mr. Mayor, now you have passed all of the different things. Do you want to pass the ordinance on first reading with those amendments that you have individually voted on? Mayor Suarez: Yes, I'm sorry, read the ordinance as amended and let's pass it on first reading, please. Mr. Fernandez; Thank you, Mr. Mayor. 235 October 12, 1989 I* 4 THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: Call the roll on the ordinance, please. Mr. Fernandez: First reading. AT THIS POINT, THE CITY CLERK BEGAN THE ROLL CALL ON THE FIRST READING ORDINANCE, HOWEVER, THE ROLL CALL COULD NOT BE COMPLETED OWING TO THE DIALOGUE THAT ENSUED AND WHICH FOLLOWS BELOW: Mr. Plummer: I'm going to vote yes but ask why this is not an emergency item. Well, I got a reason, OK? Where's the minister? Reverend... Mr. Odio: But to pass it as an emergency? Mr. Plummer: Reverend. I'm questioning why this is not being imposed as an emergency item. I think the emergency exists. If we voted on it an emergency item, it becomes law immediately. I don't think we can wait beyond the 16th. Actually... Mr. Dawkins: OK. Mayor Suarez: The moving party accept it as... let's do it. The moving party accept it as an emergency? Who did you have as the moving party? Ms. Hirai: I have the motion if... I assume it is the same move and second as last time. Mr. Plummer: What do we have to do to pass it as an emergency? Mayor Suarez: It's a complete ordinance. It really should... why don't you move it as an emergency for the reasons you stated. Mr. Plummer: I'd like to get this thing impaneled now, OK? I'll move it as an emergency item to get it effective immediately. Mayor Suarez: So moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? OK, would you restate the - without rereading it - and just say that it's an emergency, Mr. City Attorney or whatever other proper things you need to say? Do you need to put anything further, or can we just vote on it as read? Mr. Fernandez: No, you can vote now and take two roll calls on it and all the changes have been acknowledged. Mayor Suarez: OK. Ms. Hirai: You don't have to read it as an emergency? No? Mr. Fernandez: I've just read. It's exactly the same ordinance that I read a second ago. Mayor Suarez: And we're saying that... Mr. Plummer: Didn't think about that. Mayor Suarez: ...it's on an emergency basis for reasons of great public import which are fairly evident that we need to have such a panel available to investigate any incidents that may arise and as early as tomorrow, or anytime. Mr. Plummer: And that all members of this Commission will have their appointments ready by no later than the next Commission meeting on the 26th. Mayor Suarez: OK. 236 October 12, 1989 Ms. Hirai: Mr. Mayor, just one comment. The emergency ordinances are effective upon publication and that will take three days. Mayor Suarez: Yes, and I didn't think it was immediately, you're right. Ms. Hirai: Yes. Mr. Plummer: Three days? Ms. Hirai: Yes, sir. Mayor Suarez: We've got to publish it. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, DEALING WITH THE OFFICE OF PROFESSIONAL COMPLIANCE; MORE PARTICULARLY AMENDING CODE SECTIONS 2-236.2 AND 42-62 AS THE SAME PERTAIN TO ORGANIZATIONAL STATUS, POWERS AND DUTIES OF SAID OFFICE, AND PROVIDING FOR AN ADVISORY PANEL; FURTHER AMENDING CODE SECTION 42-63 RELATED TO THE FILING AND INVESTIGATION OF COMPLAINTS OF WRONGDOING FILED AGAINST POLICE OFFICERS; FURTHER AMENDING SECTION 42-66 RELATING TO THE REPORTING OF AN INCOMPLETE, BIASED OR DEFICIENT INVESTIGATION; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, for adoption as an emergency measur- and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner M. Athalie Range. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner M. Athalie Range. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10659. 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. 3 NOTE FOR THE RECORD: Although absent during roll call, Commissioner Range later asked of the Clerk to be shown as voting with the motion. 237 October 12, 1989 57. AUTHORIZE EXECUTION OF SUBLEASE AGREEMENT WITH CITIBANK INTERNATIONAL - to lease office space for Law Department. Mayor Suarez: Item 45. Robert Young. Is he here? You've been here all day, counselor. Mr. Plummer: What are we on? -44? What about 44? Mr. De Yurre: Well, while you guys are discussing 44 and 43, I got a request ■ from the City Attorney's office, and I move a resolution authorizing execution of a sublease agreement in a form acceptable to the City Attorney with City Bank International... Mr. Plummer: Ah, no. Mr. De Yurre: ...to lease 3,000 square feet of office space in the downtown Miami area with funds therefor being allocated from the Law Department budgeted funds. Mr. Dawkins: Only if he move on 7th Avenue and 62nd Street. Mr. Jorge Fernandez: Find me a place, I'll move. Mr. Plummer: Well, that's legitimate. Find him a place. Mayor Suarez: For how long, for one year? Mr. Fernandez: For one year. Mr. De Yurre: For one year, $16.75 which is about standard. Mayor Suarez: No, the relocation costs will be quite high. Is... Mr. Fernandez: We're so crowded there and we have acquired additional responsibilities as we work with this health insurance trust fund and we have had natural growth. Mr. Plummer: You know, hey, I have no problem with it except we sit here and continuously give City space away at no cost. Something's wrong here. Mr. Fernandez: I need to keep my staff together. If you find a place with approximately 20,000 square feet for 88 people, you know, working, I'll gladly move. Mayor Suarez: I certainly hope we look for it in the next 12 months if this motion passes. Mr. Fernandez: Yes, that's all I need. Mayor Suarez: If not, you'll have to look for it in the next 12 hours. Mr. De Yurre: We need a second. Mr. Plummer: I'll second it. He's got to have the space. Mr. De Yurre: Go ahead. Mayor Suarez: Mr. Manager, I think its pretty clear the Commission wants to look at all available space that the City has, properties in different parts of the City when we finally move into... Mr. Plummer: What happened to the thing that we asked about the Commission where we had 109 parks and we said, let's sell off some of them and take the money to maintain the others in a proper fashion? Mr. Dawkins; We bought the 4400 Building with it. Mr. Plummer: We didn't buy the 4400 Building. Mr. Manager? 238 October 12, 1989 Mr. Odio: Yes, we are working on some of those properties to sell... Mr. Plummer: But that's a year old. Mr. De Yurre: Two years. Mr. Odio: No, it isn't, we are... Mr. Plummer: Two years. Mayor Suarez: Oh, yes, I'm not going to vote for it. We're just doing an inventory. We haven't even gotten a report from them. UNIDENTIFIED SPEAKER: OK. Mayor Suarez: I don't have the report. Do you have the report? UNIDENTIFIED SPEAKER: No, not yet. Mayor Suarez: He's just asking about that. You know, this is great, we get letters and we get articles about this divestiture program of our's. I don't believe I've seen a report on which parks are being proposed to be sold. Mr. Odio: We have prepared lists. You approved the list and we are in the process of - the lease management office, to dispose of those parks. Mayor Suarez: Which park, for example? I mean, do you know which they are? Mr. Odio: We will bring it back to you. First thing we did is to do appraise. Mayor Suarez: All right, but I mean, it seems like the whole rest of the world knows about it before we do because I don't remember getting a list. I'd be very interested. Mr. Plummer: But sell off 40 of the parks and take the money and build up the rest of the parks and make them standard. That's what I'm trying to say. The rest... Mayor Suarez: Anyhow, I would like to be sure I have a list. If I already got a list, I'd like to get another one, please, Mr. Manager. Mr. Dawkins: What item are we on now, Mr. Mayor? Mayor Suarez: We were just about to go on to 45, but we're voting on 44 and 45, but we're voting on his space that he needs, 3,000 square feet. Mr. Plummer: A new penthouse for the City Attorney. Mayor Suarez: We have a motion and a second? Mr. De Yurre: Yes, we do. Mayor Suarez: Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-946 A RESOLUTION AUTHORIZING EXECUTION OF A SUBLEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CITIBANK INTERNATIONAL, TO LEASE 3,000 SQUARE FEET OF OFFICE SPACE IN THE DOWNTOWN MIAMI AREA, WITH FUNDS THEREFOR BEING ALLOCATED FROM LAW DEPARTMENT BUDGETED FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 239 October 12, 1909 Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Of course. Ms. Range: Oh, yes, yes, he needs more space. ------------------------------------------------------------------------------ 58. DISCUSS AND DEFER PROPOSED REAPPOINTMENT OF MR. OSMUNDO MARTINEZ AS CHAIRPERSON TO THE BAYFRONT PARK MANAGEMENT TRUST. Mayor Suarez: Item 44, I forgot about, counselor. Wait a minute, do we have any problem with the... Mr. Plummer: I'll move 44. Mayor Suarez: So moved. Mr. Plummer: I'm assuming - Ira... Mayor Suarez: Did the committee recommend him for reappointment? Mr. Plummer: Ira, I... Mr. Dawkins: Hold it, hold it... yes, I'll wait, under discussion, go ahead. Mr. Plummer: Ira. Rodney. Lori. Did the board recommend that this gentleman be reappointed as... the board took action? Mr. Ira Katz: Yes, sir. Mr. Plummer: And asked that he be reappointed as chairman. Mr. Katz: Yes, sir. Mr. Dawkins: All right, who's the vice chairman? Mr. Katz: Alan Weisberg. Mr. Dawkins: Well, why would you reappoint this one then don't reappoint the vice chairperson? Mr. Katz: Per the resolution that created the trust, the only person you got to... Mr. Dawkins: All right, throw this out and, I mean, I defer this until I can talk with them. Mr. Plummer: So be it. Mayor Suarez: So moved. Mr. Plummer: You dirty devil, if you make me chairman, I'll kill you. Mayor Suarez: Call the roll. Call the roll on the motion to defer the item. 240 October 12, 1989 Mr. Plummer: By the way, just for your edification, I'm an ex-officio member. I have no voting power. Mr. Dawkins: You will after the next meeting. Mr. Plummer: But, baby, I raise hell. Mayor Suarez: That's not what ex-officio means. Please call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 89-947 A MOTION DEFERRING CONSIDERATION OF THE PROPOSED REAPPOINTMENT OF OSMUNDO MARTINEZ AS THE CHAIRMAN OF THE BAYFRONT PARK TRUST. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 59. (A) DISCUSS AND REFER TO NEWLY -CREATED INTERIM STREET CODESIGNATION ADVISORY COMMITTEE (ISCAC) REQUEST FROM YOUNG PROFESSIONALS GROUP OF COCONUT GROVE for codesignation of part of Grand Avenue as "Frankie Rolle Boulevard." (B) APPOINT ROBERT YOUNG, ESQ. TO INTERIM STREET CODESIGNATION ADVISORY COMMITTEE (See label 34). Mayor Suarez: Yes, item 45. Counselor, we finally got to you. Mr. Odio: Well, I think this has to go to the new committee we formed. Mayor Suarez: What is it? Robert Young, Esq.: Mr. Mayor, members of the Commission, my name is Robert Young - excuse me - my address is 3375 Franklin Avenue, Apt. B, Coconut Grove. Mayor Suarez: This is to designate Frankie Rolle Boulevard before he dies? Mr. Young: Excuse me? Mayor Suarez: Oh, Frankie Rolle. Mr. Young: Franklin Avenue, Franklin Avenue, Coconut Grove. Mr. Plummer: This is anticipation of him not lasting long. Ms. Range: Of her. Mayor Suarez: She, all right. Mr. Young: Really, very short, very short. I'll probably be the shortest here today. The reason why I'm here... Mayor Suarez: We're trying to make it even shorter, it looks like, but go ahead. 241 October 12, 1989 0 0 Mr. Young: The reason why I'm here is in reference to the codesignation of Grand Avenue as F'rankie Rolle Boulevard because she has been a lifelong member of Coconut Grove, and she's helped us tremendously on every project we've needed, and she has more than 40 years given assistance to the community and people like myself because I was once one of her students. Mr. Plummer: Our policy now is one block. Mr. Young: One block? Mr. Plummer: One block. Mr. Young: One block to codesignation? Mr. Plummer: Yes. Mr. De Yurre: It's up to the committee, that's why we set up the committee. Mr. Plummer: Oh, I'm sorry, but, basically, we said we're running out of blocks. Mr. Young: I don't think that Grand Avenue is asking too much, I mean... Mr. De Yurre: Mr. Mayor, I move that we send this to the... Mr. Plummer: Newly formed... Mr. De Yurre: ...newly created committee and to be brought back to us with a recommendation. Mr. Plummer: We're running out of blocks. Ms. Range: Oh. Mayor Suarez: OK. Yes, the one block issue actually doesn't even come from us, counselor, it comes from the County, which says that they will only allow that much signage, but you can have one at one end and one at the other end, I believe, if you designate a few city blocks. Mr. Young: As to the signage that would be on each block that we would be permitted? Mayor Suarez: I think only at the beginning and at the end is the way that they do it now. Mr. Young: Beginning at the end? Mayor Suarez: But the committee will recommend back to us, you can - in the meantime, you can research the County ordinance. Ms. Range: Are you saying, Mr. Mayor, that instead of naming an avenue or a street for a person, you'd name one block of that street? Mayor Suarez: No, I guess what I mean to say, is that the signage is only put at the beginning of the designated street and at the end, if I remember correctly, the County standards that they sent us. Mr. Young: OK, I'd be amenable to that. I have no problem with that. Ms. Range: Um hum. Yes. Mayor Suarez: OK, in the meantime, you have to convince the committee that just is... why don't you sit on the committee? We need some members. Mr. Young: OK, I can sit on the committee, I have no problem with that. As I was saying, Ms. Rolle has been tremendously helpful with this community. For more than 40 years she has been an educator, she's a community activist and every time we need favors, she's always been of assistance to me and anybody else who's grown up in the community. Mr. De Yurre; Hey, we're with you. Don't worry about that. We know her. 242 October 12, 1969 Mr. Young: OK, well... Mr. De Yurre: We know her. Mr. Dawkins: Well, I got an appointment to make, and I'll know whether to appoint you or Mrs. Armbrister to that board. Ms. Esther Mae Armbrister: What board? Mayor Suarez: She's not going to accept the appointment unless you tell her exactly what it does. All right, we're going to refer it to the committee. I think it has a favorable consensus on this Commission. Mr. Young: One question. When does the designation board come into effect? Mayor Suarez: Good point. Mr. Young: And how many people will it be comprised of? -five people and you don't have any idea when it takes effect? Mr. Plummer: Thirty days from today, I guess. Mr. Young: Thirty days? Mayor Suarez: What is it? - second reading, Mr. City Attorney today? Mr. Fernandez: No, no, no, that was just a resolution where you nominate or you establish the committee who will come back to you with standards and guidelines for you then to pass an ordinance formalizing it and Mayor Suarez: Oh, in the meantime, can we on this particular item get simply the committees input while we come up with an ordinance and simply go with, at the Commission level. Let's do it that way on your's. Mr. Dawkins: OK. Mr. Fernandez: Sure, you can do that. Ms. Range: I think one of the things that the committee might consider - I'm Just throwing this out - Mrs. Rolle spent the greater number of her years at the Francis Tucker, I believe, elementary school right on Grand Avenue... Mr. Young: Yes, yes, yes... Ms. Range: ...that almost abuts Dixie Highway. Mr. Young: Yes. Ms. Range: So, rather than just making it a half way or a shorter distance of Grand Avenue, that it would come at least all the way to Dixie Highway. Mr. Young: Well, that was my original proposal... Mr. Plummer: Tucker ain't on Grand. Ms. Range: Oh, it isn't. Whatever it's on Mr. Young: ...however, I ran into a little bit of resistance so I thought in order to get the consensus of the Commission, I would go along with whatever was easier. So, I have no problem with that. Mr. Plummer: And it's not near Dixie, it's south of Grand. Ms. Range: I'm not familiar with the Grove, but I do know that portion that comes... Mr. Young: Yes, yes, of course. Ms. Range: ...all right. Thank you. Mr. Young: The extension will be fine. 243 October 12, 1989 Mayor Suarez: All right. Mr. Dawkins: OK. Mayor Suarez: All right. And in this case, we're not going to wait for the ordinance, we're going to get the committee to recommend right back to us and we'll act on it. Mr. Dawkins: And that's my appointee to the committee, Mr. Mayor. Mayor Suarez: Mr. Young, OK, very good. Mr. Young: All right, then, thank you. Mayor Suarez: We'll entertain both in the form of a motion. Mr. De Yurre: Move it. Mayor Suarez: Moved and second. Mr. Dawkins: Second. Mr. Plummer: Wait, what are we voting on? Mayor Suarez: We're appointing him to the committee and we're sending this item to the committee... Mr. Dawkins: All in the same motion. Mr. Plummer: That'll teach him to come up here and talk. Mr. Young: I've learned my lesson. Mayor Suarez: And you can vote. I don't think there's a conflict. You can vote on it. Mr. Young: Thank you. Mayor Suarez: I don't think so. Call the roll. There's no economic benefit. Call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 89-948 A MOTION REFERRING TO THE "INTERIM STREET CODESIGNATION ADVISORY COMMITTEE" REQUEST RECEIVED FROM MR. ROBERT YOUNG FOR CODESIGNATION OF A PORTION OF GRAND AVENUE AS "FRANKIE ROLLE BOULEVARD"; FURTHER APPOINTING MR. ROBERT YOUNG AS A MEMBER OF THE INTERIM STREET CODESIGNATION ADVISORY COMMITTEE AND FURTHER REQUESTING SAID COMMITTEE TO COME BACK WITH A RECOMMENDATION. (Note: Mr. Young was nominated by Commissioner Dawkins.) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. s' ABSENT: None. 244 October 12, 1989 60. (Continued Discussion) DEFER CONSIDERATION OF OMNI TAX INCREMENT DISTRICT ISSUE TO A FUTURE MEETING FOR FURTHER INFORMATION (See label 40.1). Mr. Dawkins: Mr. Mayor, I got a resolution. Mr. City Attorney. Mr. Jorge Fernandez: Yes, sir. Mr. Dawkins: On my resolution that I asked you to clear up this morning, can you give me some legal advice? Mr. Fernandez: Is this about the Omni tax? Mr. Dawkins: Yes, sir. Mr. Fernandez: All righty. They're still pending in front of you, second and final reading, of the emergency ordinance creating the special revenue fund entitled Omni Area Redevelopment Tax Increment. The resolution that is also a companion to this ordinance is a resolution in which you communicate with Dade County and encourage them to do a number of things which are essential in order for the ordinance that you would pass tonight on second and final reading would gain credence. And so really you need to look at these two documents, at the resolution... Mr. De Yurre: Mr. Mayor, I'd like to defer this item. I need some more information on it before I can vote on it. Mr. Dawkins: OK, I'll second... I mean, I brought it up, I'll second it. Mayor Suarez: OK, and I guess since it was never before us, if you'd just withdraw your motion, that'll do it. Mr. De Yurre: OK. You withdraw it. Mr. Fernandez: Mr. Dawkins... Mr. Dawkins: Mr. Manager... Mr. Fernandez: Allow me to correct myself, please. We have, instead of having two pieces of legislation pass, for the sake of economy, we have incorporated the message that we wanted to communicate to the County in the ordinance, and so the ordinance can now then be passed as amended. Mr. Dawkins: Who gave you, from this Commission, the language or whatever t you're conveying to the County as what we want? Mr. Fernandez: The administration, sir. Mr. Dawkins: OK, the administration. Mr. Fernandez: Yes. Mr. Dawkins: Well, what the administration want is not what I, the Commissioner want. Now, where do we go? Mayor Suarez: In which way do they - what's the discrepancy? Well, you don't want to handle it today anyhow, do you? Mr. Fernandez: The main discrepancy... Mr. De Yurre; No, no, I want to defer it. Mr. Dawkins: All right, it's been moved to defer, I second. Mayor Suarez: All right, we'll call the roll on the motion. Mr. Plummer: Excuse me, what are we voting on? 245 October 12, 1989 Ms. Hirai: To defer. Mayor Suarez: On an item that was not scheduled before us, so we really don't have to vote to defer. Mr. Dawkins: I brought up a pocket item and Mr.... Mr. Plummer: And what is the pocket item? Mr. Dawkins: The pocket item is that we created a... Ms. Range: Special revenue... Mr. Dawkins: ...tax increment district... Mr. Plummer: Right. y Mr. Dawkins: ...for the Omni area in which we assured the people in the Omni area that we would use the tax increment to better the Omni area and in went the Peoplemover, in went everything and now we're saying that we didn't intend to do it so it was all wrong, and I'm glad that the Vice Mayor has asked for a deferment, because I want to know why the individuals who wanted this have not been down here, Tibor Hollo and all those people who encouraged us to create the tax increment district have not been down here to complain or nothing. Mr. Plummer: Are we voting then to defer it? Mr. Dawkins: Yes, we are, sir. Mr. Plummer: OK. That's all I really wanted to know. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 89-949 A MOTION DEFERRING CONSIDERATION OF THE OMNI TAX INCREMENT DISTRICT ISSUE TO A FUTURE COMMISSION MEETING, FOR FURTHER INFORMATION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 61. DEFER DISCUSSION ON THE MELROSE NURSERY SITE TO MEETING OF OCTOBER 26, 1989. ------------------------------------------------------------------------------ Mr. De Yurre: We could bring on, while the Mayor's on the phone, item 59, Melrose Nursery. Mr. Plummer: What item? Mr. De Yurre: Fifty-nine. Mr. Fernandez: Did you take a vote on that motion to defer? Mr. De Yurre: Yes. Mr. Fernandez: Or was... 246 October 12, 1909 a Mr. Dawkins: Yes. Fifty-nine? Mr. De Yurre: Fifty-nine. Mr. Plummer: Why are we skipping out of schedule? Mr. Dawkins: I don't know. I really don't. And the next one was 47. Oh, I know why, because it's close to 9:00 o'clock. Mr. De Yurre: That's right, we got to hear this. Mr. Plummer: Excuse me? Mr. De Yurre: We have to hear this one tonight. We have somebody here representing Codec? Ms. Range: What item are we on please? Mr. Dawkins: Ma'am? Mr. De Yurre: Fifty-nine. Mr. Dawkins: Fifty-nine. We have moved to 59. Yes, ma'am. Mr. De Yurre: This will be quick. Name and address. Mr. Adolfo Albaisa: My name is Adolfo Albaisa, architect. I'm representing Codec. Mr. De Yurre: What is your request? Mr. Albaisa: As you well know, there was an RFP for the Melrose site and we responded to it. We are here to request that the City allows us to proceed with negotiations with the staff. Mr. De Yurre: Mr. Bailey, were they the only respondents? Mr. Herb Bailey: They were the only respondents... Mr. De Yurre: OK. Mi. Bailey: ...to the proposal. We do have it. We have not gone through a review process yet but we have... Mr. De Yurre: What's the next step? Mr. Bailey: We'll review and make a recommendation to the City Manager. Mr. De Yurre: At what point in time? Mr. Bailey: We'll do it next week. Mr. De Yurre: OK, they're the only group that responded. Mr. Bailey: They're the only group. Now, we put out the ad for a combination of non profit and profit. The procedure that we undertake in terms of conveyance of the site is different for each one. Once we review what they have, we will make a recommendation to the City Manager as to whether or not we want to... Mr. De Yurre: OK, so at this point in time, you're going to start working with them. Mr. Bailey: No, we will work with what they have submitted and we'll make a recommendation to the City Manager. Mr. Plummer: When? Mr. Bailey: Next week. 247 October 12, 1989 Mr. De Yurre: When will that... that has to come back to us again for approval? Mr. Bailey: It has to come back and whatever we recommend to the Manager has to come back. The Manager has to make a recommendation to the Commission and at that point, we'll decide what you want to do. Mr. De Yurre: Well, we have to wait for the recommendation? Mr. Bailey: Yes. Mr. Jorge Fernandez: Yes. Mr. De Yurre: OK, then we got to wait for the recommendation. We'll have it back by when? Mr. Bailey: We can put it on the October 26th agenda if you want to. Mr. De Yurre: On the October 26th agenda. OK, so be it. Mr. Bailey: It's nothing. It's not a difficult item. Mr. De Yurre: Thank you. 62. GRANT REQUEST FROM MIAMI NORTHWESTERN SENIOR HIGH SCHOOL - for closure of designated streets concerning their Homecoming Parade. Mr. Dawkins: Since 55 is non controversial, I'll move 55 while we're getting to the rest of them. Mr. De Yurre: Fifty-five, second. Ms. Range: Second. Mayor Suarez: Moved and seconded as to 55. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 89-950 A RESOLUTION CONCERNING THE HOMECOMING PARADE TO BE CONDUCTED BY MIAMI NORTHWESTERN SENIOR HIGH SCHOOL ON NOVEMBER 4, 1989, AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC; ESTABLISHING A TEMPORARY PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 248 October 12, 1989 �J 11 63. AUTHORIZE USE OF WATSON ISLAND AS A "PARK & RIDE" LOCATION DURING THE 1990 MIAMI INTERNATIONAL BOAT SHOW, with stipulations. Mayor Suarez: Are we up to 47, is that my idea? Mr. Plummer: Forty-six. Mr. De Yurre: Forty-seven. Mayor Suarez: Why do I have 46 as being withdrawn? Mr. Plummer: Is 46 withdrawn? Ms. Range: Yes. Yes. Mayor Suarez: Forty-seven. Mr. Plummer: Mr. Manager, is 46 withdrawn? Mr. Odio: Yes. Mayor Suarez: National Marine Manufacturers Association. Ms. Hirai: Yes, that was item 55. Mayor Suarez: What's 47 about, can somebody explain briefly to us so we can try to get... Mr. Plummer: They want to use Watson Island as a parking lot. Mr. Dawkins: Move it. Mr. Plummer: No, no. Whoa, no, no, no. Mr. Odio: It will generate a net... last year it generated $8,820. Mr. Plummer: No, no, no, no. Look, it's our parking lot, they need our parking lot. Mr. Dawkins: Oh, OK, J. L. Mr. Plummer: They're getting a third of the money back. Mr. Dawkins: For what? Mr. Plummer: That's what I want to know, for what? It's our parking lot. I don't give them anything back. You want to use our parking lot? We get the revenue. Mr. Odio: All of the revenue? Mr. Plummer: Sure. Mr. Odio: And we pay the expenses. Mr. Plummer: Of course, we pay the expenses. But not of the trolley that they're using back and forth. Mr. Odio: No. Fine. Mr. Dave Schwer: Dave Schwer, I'm with the National Marine Manufacturers Association. Our portion of the gross goes to off set our transportation costs. Mr. Plummer: That's your problem. You want our parking lot? Mr. Schwer: Well, yes, I do want your parking lot... 249 October 12, 1989 Mr. Plummer: Fine. Mr. Schwer: ...but I'd like to have, it's... Mr. Plummer: Revenue's our s. Mr. Schwer: There's - OK, I mean... Mr. Plummer: Fine, thank you, I pass it in that motion. Mr. De Yurre: Second. Mr. Plummer: We pay for the police and parking attendants. They get nothing back from us. They get back a lot of parking space so that they will have a bigger attendance at their boat show. Mr. Dawkins: Call the roll. Mr. Schwer: Well, it's not only on the Beach also. It's also held in... Mr. Plummer: I'm sorry? Mr. Schwer: Our boat show is held in three sites. One of the sites, Biscayne Bay Mariott Marina... Mr. Plummer: That's fine. Mr. Schwer: ...which is located in Miami. Mr. Plummer: That's fine. That's great. Super, you're using my parking lot, you pay me for it. Mr. Schwer: We'll be happy to pay you for it, Commissioner, but I think just... Mr. Plummer: You will learn to love it. i Mr. Schwer: Please hear me out. I think we do pay for it in the fact that we do bring a lot of business into the City. On the second page there - or on C the first page of that proposal, it outlines the economical impact of it, of the Boat Show. t Mr. Odio: You can also use the Bayside parking garage and use the trolley from there, also. Mr. Plummer: It's only $6.00 a day. Mr. Schwer: I don't think that the Bayside City parking garage would be lenough to hold the cars. i Mr. Odio: Not, but I mean you can... besides Watson Island. Mr. Schwer: The transportation would p probably be a little bit more difficult _ t with the shuttles. We'd have to go into Miami... z - j Mr. Odio: No, because you would run it right down Bicentennial Park over to the Marriott, Biscayne Mariott, so... i Mr. Schwer: Yes, but our shuttle buses take in all three sites on the beach as j well as the downtown Miami. Mr. Plummer: No, no, no, no. Are we not accepting liability? Mr. Schwer: No... Mr. Plummer: No. That's fine. Mr. Schwer: We furnish the insurance. S Mr. Plummer: That's fine. We pay expenses... the motion, as far as I'm - concerned, and the only thing I'll vote favorably on, is we give them the 1 right through those days of the Boat Show, to park cars on our facility, they 250 October 12, 1909 indemnify against us against liability and we pay the expenses of police and other associated staff, period. Then you get everything. That's correct. That's correct. As far as the trolleys are concerned, that's what they've got to pay for themselves. Mr. Dawkins: Call the roll, Mr. Mayor. Mayor Suarez: Do we have a motion and a second? Mr. Plummer: Yes. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-951 A RESOLUTION AUTHORIZING THE USE OF WATSON ISLAND AS A "PARK AND RIDE" LOCATION IN CONJUNCTION WITH THE MIAMI INTERNATIONAL BOAT SHOW TO BE PRESENTED BY THE NATIONAL MARINE MANUFACTURERS ASSOCIATION, INC. (NMMA) DURING THE PERIOD FEBRUARY 15-21, 1990; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND NMMA FOR SAID PURPOSE, SAID DOCUMENT(S) TO CONTAIN PROVISIONS FOR THE CITY TO COVER EXPENSES FOR POLICE AND PARKING ATTENDANTS, FOR THE CITY OF RETAIN ALL REVENUE FROM SAID PARKING OPERATIONS WITH THE CITY TO BE INSURED AGAINST ALL POTENTIAL LIABILITY AND FOR NMMA TO PROVIDE AT ITS OWN COST ALL SHUTTLE TRANSPORT FROM WATSON ISLAND TO THE SHOW SITES. (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 M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Schwer: Thank you. 251 October 12, 1989 ------------------------------------------------------------------------------ 64. GRANT REQUEST BY HANDICAPPED OF AMERICA FOR WAIVER OF USER FEE - concerning office space in Manuel Artime Community Center on a month -to - month revocable permit basis (See label 66). Mayor Suarez: Item 48, Handicapped of America request waiver of the rental fee for office space at the Manuel Artime Center. Mr. Odio: I'll recommend this. Mr. Plummer: You know, I'm going to vote for it but here again, you're giving away office space... Mr. Dawkins: That the City Attorney could use. Mr. Plummer: ...and we're paying for the City Attorney to have to have office space. Mr. Odio: Well... Mr. Dawkins: And he could use this, couldn't he, J.L.? Mr. Plummer: I'm not saying he could use this. I'm just saying that we've got so called abundance of office space that we're giving away free of charge and we're not taking care of our own. Our own we're having to pay for office space. It doesn't make any sense to me. By the way, Mr. Manager, how long ago did the Computer Department move out of Tigertail? Mr. Odio: They haven't moved. Mr. Plummer: There are still some there? Mr. Odio: Yes. Mr. Plummer: Would you fix the burglar alarm? The Police Department is responding there about three times a day. Mr. Odio: OK. Mr. Plummer: For the City of Miami Computer Department and, God forbid, they're charging the regular fee for response. Mr. Odio: Yes, sir. Mr. Dawkins: Was it moved? Was this item moved? Mayor Suarez: Yes. Mr. De Yurre: Moved. Mr. Dawkins: I second it. Let's... Mayor Suarez: Moved and seconded. Mr. Dawkins: I second. Call the roll. K Mayor Suarez: Any discussion? If not, please call the roll. 252 October 12, 1989 1 4k The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-952 A RESOLUTION GRANTING THE WAIVER OF THE USER FEE FOR OFFICE SPACE AT THE MANUEL ARTIME COMMUNITY CENTER TO HANDICAPPED OF AMERICA, INC., IN AN AMOUNT NOT TO EXCEED $2,097.54 ON A MONTH -TO -MONTH REVOCABLE PERMIT BASIS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Dawkins: I move 49. Mr. De Yurre: Thank you. Mr. Dawkins: I don't know, I mean, no, it's a discussion. Where is Jack? He left? NOTE FOR THE RECORD: At this point, Agenda item 49 was called for discussion. The record was marked to reflect no appearance by interested parties. 65. APPROVE CLOSURE OF DESIGNATED STREETS RE "HURRICANE 5K HISPANIC HERITAGE RACE" - pursuant to request by Greater Miami Running Association. Mayor Suarez: Forty-nine cannot be moved, I guess, by definition, so we'll go right on to 52. Mr. Plummer: What about fifty? Mayor Suarez: All the rest have either been deferred or withdrawn. Mr. Odio: Withdrawn. Mr. Plummer: Fifty-one? Mayor Suarez: Fifty-two, Greater Miami Running Association. Mr. Odio: You did that one. Mr. Plummer: Fifty-one we've done. OK, 52. Mayor Suarez: Sir. Mr. De Yurre: Moved 52. Mayor Suarez: Request street closures. Is this recommended by staff? 253 October 12, 1999 Mr. Odio: Yes, sir. Mr. Dawkins: Second. Mr. Plummer: Wait a minute, wait a minute, where? Mayor Suarez: Moved and seconded. Where, for discussion? UNIDENTIFIED SPEAKER: Start and finishes Jose Marti Park. Mr. De Yurre: Noc-a-tee down to Tigertail. Mr. Odio: It goes from... Mr. Plummer: Yes, only because they can't find Curtis Lane. Mayor Suarez: Make sure they can't get into that big garage with the big screen there. Mr. Plummer: What day of the week? UNIDENTIFIED SPEAKER: Saturday. Mr. Plummer: And what time of the day? UNIDENTIFIED SPEAKER: Eight a.m. Mr. Odio: Eight. MR. Plummer: Till? UNIDENTIFIED SPEAKER: Last runner will be off- the streets by nine. Mr. Plummer: So it's - let's say two hour max. Mr. Odio: Yes, sir. UNIDENTIFIED SPEAKER: You can but we won't need it. Mr. Plummer: OK, two hour max. Our problem has been that you don't start at 8:00 o'clock. OK? And you're going to do in front of Jose Marti Park only? UNIDENTIFIED SPEAKER: The route takes us from 4th Avenue to 6th Street, 6th Street to 16th, and then returning on 8th Street. Mr. Plummer: On S.W. 8th Street? UNIDENTIFIED SPEAKER: Yes. Mr. Plummer: How much on S.W. 8th Street? UNIDENTIFIED SPEAKER: From 16th to 5th? The routes been approved and... Mr. Plummer: You want to close Calle Ocho from 5th Avenue to... UNIDENTIFIED SPEAKER: No, we're not closing 8th Street. Mr. Odio: No, you're not closing... UNIDENTIFIED SPEAKER: We're taking one lane of that, and we're - between the officers and our volunteers, we're going to allow for traffic to flow and access and egress to businesses also. Mr. Plummer: One lane. UNIDENTIFIED SPEAKER: One lane only, yes. Mr. Plummer; OK. Mayor Suarez: OK, with all that understanding, we have a motion and a second. Any further discussion? If not, please call the roll. 254 October 12, 1989 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-953 A RESOLUTION APPROVING THE USE OF CERTAIN STREETS AND THOROUGHFARES DURING THE HURRICANE 5K HISPANIC HERITAGE RACE HELD OCTOBER 14, 1989 CONDUCTED BY THE GREATER MIAMI RUNNING ASSOCIATION; SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING THE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON THE STREETS TO BE CONDITIONED UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 66. (Continued Discussion) MAYOR SUAREZ DIRECTS CITY MANAGER TO: (a) MAKE PRIOR ITEMS ON RENT FEE WAIVERS ONLY APPLICABLE TO THIS FISCAL YEAR; AND (b) REVIEW THE CITY'S FEE WAIVER POLICY AND COME BACK WITH RECOMMENDATIONS (See label 64). Mayor Suarez: Let me make a quick clarification on the two because I agree with your point on the Manuel Artime Center. It's not related to you, sir.. The two waivers that we've done up to now, can we make those applicable only for the current fiscal year and then review the entire thing, Mr. Manager, in! some coherent way? If we begin to get into waivers and everybody's going to want a waiver, then we're just giving the place for free and how do we decide who gets it? And, I think we ought to come up with some kind of recommendation at the end of a fiscal year what is a fair fee to have and they're going to have to pay, at least for my vote. Is that acceptable that it be just for this fiscal year? Mr. Plummer: That's fine with me. Mayor Suarez: All right, fifty... Mr. Plummer: Mr. Manager, I'm assuming that when these matters come before us like this one here called the Handicapped of America, that they are a totally non-profit organization. Mr. Odio: Yes. Mr. Plummer: OK. Mayor Suarez: And, otherwise, in compliance with all of our requirements for non -profits. 255 October 12, 1989 E 61. GRANT REQUEST BY BELLE MEADE HOMEOWNERS' ASSOCIATION TO AMEND RESOLUTION = 89-454 which created Special Taxing District for the Belle Meade area, to allow installation of a "guard gate." ------------------------------------------------------------------------------ Mayor Suarez: You've been here for a while, go ahead. g Mr. Plummer: Is that correct? Mayor Suarez: I'm sorry. Mr. Plummer: Excuse me, is that correct? Mr. Odio: Yes. Mayor Suarez: Go ahead, sir. - Mr. John Clark: Mr. Mayor, Commissioners, my name is John Clark, I live at 801 N.E. 75th Street and I'm the vice president of the Belle Meade Home... Mr. Plummer: This is 54? Mr. Clark: Yes. - Mr. Plummer: Thank you. Mr. Clark: I'm the vice president of the Belle Meade Homeowners Association. I'm here tonight to ask for no money, and I'm here to ask that you change our Resolution Number 89-454 to be amended to read like Resolution Number 89-288, which would create a special taxing district. The word "guardhouse" to be changed to read "guard gate." This would comply with Dade County's requirements so that they continue their feasibility study so that we can bring this matter to an end. Mayor Suarez: To bring the whole effort into line with the County's requirements. I'll entertain a motion on that. Mr. Plummer: Excuse me, what is this? - in simple terms, what does it do? Mr. Clark: It allows the County to go ahead and study the feasibility of putting a guardhouse and guard gate at 76th Street which we have not been able to do because the wording has not been right in our resolution. I Mayor Suarez: Remember, we're trying to adjust to the county's guidelines. Mr. Plummer: But, we understand each other that a guard gate is an automatic throttle that opens and closes automatically, not manually by an individual. We understand that? Mr. Clark: Yes. Mayor Suarez: There's no discretion to anybody to block people from the neighborhood. OK. Mr. Plummer: As long as that's understood. Mayor Suarez: All right, I'll entertain... Mr. Plummer: So, it's a matter of terminology? Mr. Clark: Yes. Mayor Suarez: I'll entertain a motion to make the modification. 7, Mr. De Yurre: Moved. Mr. Plummer: So moved. Second. G Mayor Suarez: And second. 256 October 12, 1989 Ms. Range: You have someone else wishing to speak. Mayor Suarez: Yes, ma'am. Ms. Marilyn Reed: Excuse me, Marilyn Reed, 1100 Belle Meade Island. Mayor Suarez: Ah, the Belle Meade Island. Ms. Reed: Good evening. Well, our problem is the resolution, the way it's now granted to Belle Meade, excludes Belle Meade Island from their taxing district and we would prefer to maintain that status. Mr. Clark: We also agree with that. 'i 3 Mayor Suarez: OK.' Mr. Clark: There is no problem with that. Mayor Suarez: Yes, we're not going to include Belle Meade Island in the new modified resolution. Mr. Clark: Exactly. Ms. Reed: Furthermore, the resolution, the way it's been granted stipulates that the guardhouse is to be in the swale area of 6th Court. We would prefer if it were moved to 7th Avenue because at rush hour, the traffic backs up horribly on the boulevard, and where are these cars going to go while they're waiting for the thing to go up and down? Mr. Plummer: Excuse me, with an automatic throttle, there is no backup, they are not impeded. Mr. Clark: And also the County will study this in the position. They have not agreed where... Mayor Suarez: Yes, I have a feeling the County is probably going to decide which of the two. OK. Mr. Plummer: I got a feeling some car is going to have a new hood ornament. Mayor Suarez: Yes, call the roll on the motion as stated. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-954 A RESOLUTION AMENDING SECTIONS 2 AND 3 OF RESOLUTION NO. 89-454, ADOPTED MAY 11, 1989, TO INCLUDE THE INSTALLATION OF A GUARD GATE IN THE CITY COMMISSION'S GRANT OF APPROVAL EXPRESSED IN SAID RESOLUTION FOR THE CREATION OF A SPECIAL TAXING DISTRICT FOR THE BELLE MEADE AREA, EXCLUSIVE OF BELLE MEADE ISLAND, LOCATED IN THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) i Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 257 October 12, 1989 Mr. Clark: Thank you very much. Mayor Suarez: Thank you. 68. GRANT REQUEST FROM SOUTHWEST SOCIAL SERVICES PROGRAM, INC., FOR RENEWAL OF ITS REVOCABLE PERMIT - for the use of the northeasterly corner of Flagami Park. ------------------------------------------------------------------------------- Mayor Suarez: Item 56. The hot dog controversy or is it the hot dog vendors' controversy? Mr. Jorge Fernandez: How about fifty-five? Mr. De Yurre: Mr. Mayor, while they're lining up, I'll move 58 which is to renew the revocable permit for the Southwest Social Services program. Mr. Dawkins: Second. Mayor Suarez: So moved, seconded. Any discussion on that, Commissioners? The same period and the same conditions. Mr. De Yurre: Call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 89-955 A MOTION GRANTING REQUEST RECEIVED FROM SOUTHWEST SOCIAL SERVICES PROGRAM, INC., FOR RENEWAL OF ITS REVOCABLE PERMIT FOR THE USE OF THE NORTHEASTERLY CORNER OF FLAGAMI PARK, FOR THE SAME PERIOD OF TIME AND OVER THE SAME CONDITIONS AS PREVIOUSLY APPROVED BY THE CITY COMMISSION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 69. EMERGENCY ORDINANCE: Amend Code Chapter 39 - Establish "Civic Center Special Vending District" for area around N.W. 12 Street Metro Justice Building - Add Section 39-17.2 ("Limitations within the Civic Center Special Vending District") - Establish hours of operation, vending zones, etc. Mayor Suarez: Fifty-six, five, five. Mr. De Yurre: Fifty-five, fifty-six. Mr. Plummer: Hot dogl Mayor Suarez: Hot dogs. No reference to the Oakland A's. Go ahead. Ms. Rosemarie Chapman: Rosemarie Chapman and... 258 October 12, 1989 Mr. Plummer: Pull the microphone down. Ms. Chapman: Pull it down? Rosemarie Chapman, the address is 13311 S.W. 47th Street. I've had a problem, as you know, vending in front of the Justice Building. I've been there eight years come this January and I've never had any problems before, but now another vendor came and went in my spot and that started the war. So, since April I've been there 24 hours a day. I called Joel Maxwell and I asked him if it was all right if I could keep the carts there and he says, as long as it was attended, and I have a security guard there at night. I leave the carts at 8:00 o'clock and he's there from 8:00 F until 7:00 in the morning when I get there. So now, I went to the workshop that Joe Maxwell had here, and what I felt after I left the workshop was that "} all of the agencies that attended the workshop, public works and the health department and everyone, they all told me that they didn't want vending in k_ front of the Justice Building, and this is the only business that I have. I R mean, this is it. Mayor Suarez: Is this what your recommendation is contained in this resolution? Mr. Jorge Fernandez: In this ordinance, you mean, in front of you... Mayor Suarez: This ordinance, rather? Mr. Fernandez: Yes, is creating what would be known as the Civic Center special vending district, just like we have done special vending district in... Mayor Suarez: In Coconut Grove. Mr. Fernandez: ...Coconut Grove, exactly. Mayor Suarez: With all of the attendant... Mr. Plummer: I think it should be the Civic Center "hot dog." Mayor Suarez: Mr. Manager, we're on all fours on this. Mr. Fernandez: The adminis... Mayor Suarez: This is not the private agenda of the City Attorney or anything, that he wants to - he doesn't have any relatives selling hot dogs over there or anything like that, right? Mr. Odio: No, we... Mayor Suarez: This is OK from Mr. Planning Director or somebody from staff? Mr. De Yurre: That is the one that we've been fighting for. Mr. Fernandez: Olmedillo. Mayor Suarez: Other than the... Mr. Odio: Planning department was involved. Mr. Plummer: Mr. Mayor, so that we show that our heart is in the right place, we should call this the Civic Center pero caliente. Mr. Odio: Say that again. Mr. Plummer: Pero caliente. Mr. De Yurre: That's a cuss word. Mayor Suarez: You passed it out, Sergio, don't tell me you don't recommend it. Mr. Sergio Rodriguez: I did it as a favor to Jorge. I haven't read the ordinance, but I know that the staff will be working... Mayor Suarez: Let the record reflect that he's talking about the City Attorney when we says Jorge. Mr. Rodriguez: I'm sorry. My staff has been working closely with them so I think it reflects what we have been working on for a while so I... Mayor Suarez: I mean, this is not going to cause the City to fall apart from the planning standpoint. Mr. Plummer: But, wait a minute. If you... Mr. Rodriguez: Not tonight. Mr. Plummer: Question. If you'd established this damn cockamammy center, which I think is absolutely dumb, who's going to get the right to be there and who's going to excluded? Are you going to have a lottery? Mr. Fernandez: No, no, they decide that amongst themselves. We have been persuaded by... Mr. Rodriguez: It is a first come, first served basis. Mr. Plummer: Then you haven't eliminated the war. Mayor Suarez: There's no war of that sort going on over there. Mr. Plummer: How many vendors are you going to have out there? Mr. Fernandez: It's limited. The number has been limited to... Mr. Plummer: A hundred and seventy-three. Mr. Fernandez: No, I believe it's... Mr. Rodriguez: You have one every 50 feet. In the sidewalks where they are allowed. Mr. Plummer: You can't walk on the sidewalks now. Mr. Rodriguez: Well, there is a limitation as to what sidewalks you can use for this. Mr. Plummer: You see, when you talk about, you know, you don't go out there and see what's actually going on. That hot dog stand itself doesn't block the sidewalk, but when you got 23 people waiting to get a hot dog, you can't get by. Mayor Suarez: I move that we make Commissioner Plummer the person to monitor all of this, 24 hours a day... Mr. Plummer: The hell you say. Mayor Suarez: ...beginning at 12:01 a.m. until 11:59 p.m. everyday at no payment whatsoever. Mr. Dawkins: Amen. Mr. Plummer: As I've always said, Vernon Clark, wears a black hat. Mayor Suarez: I'll entertain a motion on this ordinance. Mr. Dawkins: So move. Mayor Suarez: Moved. Mr. Plummer: How many...? Mr. Dawkins: No, hold it, hold it. Mayor Suarez: Commissioner. Mr. Plummer: How many vendors total? 260 October 12, 1969 Mayor Suarez: I can't believe it. Ms. Chapman: There are four right now. Mr. Plummer: The last half of what used to be there. Mr. Dawkins: But what... how does this help her... Mr. Plummer: It doesn't. First come, first serve. Mr. Dawkins:... from putting the guard there to protect her... Mayor Suarez: Technically, it's illegal right now. Mr. Dawkins: .. all night so that she can be there first thing in the morning? Mr. Plummer: It's mustard squeezers at 20 feet. Mayor Suarez: Technically, it's illegal right now, so we're at least making it legal. Mr. Dawkins: Oh, so this makes it legal for her to pay the guard to be there. Mr. Fernandez: No, no, no, no. Nobody will be allowed - vending time is limited between the hours of seven and seven, which means that after 7:00 o'clock in the evening, no more vending can take place. Mr. Dawkins: Yes, but - OK, but... Ms. Chapman: But the courthouse is open until 8:00. Mayor Suarez: You can be there at 6:55 in the morning. Mr. Plummer: I don't believe this. Mr. Dawkins: But, all right, it's eight spaces to sell hot dogs for the sake of discussion and we got twenty... Mr. Plummer: But what about the sauerkraut and chili? Mr. Dawkins: And we got twenty-four vendors. What do you do now? Mr. Plummer: You have a war, that's what you have. Mr. Fernandez: The vendors have... Mr. Dawkins: So you're not eliminating anything. Mr. Plummer: Nothing! Mayor Suarez: It's illegal right now, the City Attorney told us the other day. The whole thing is illegal. Mr. Fernandez: The vendors have assured us that so long as we provide this much structure, they are able to resolve the other problems themselves. Mr. Dawkins: Were you - hold it... Mr. Plummer: Can I put a vending machine up selling alka-seltzer? Mr. Dawkins: Were you there when they worked this out? Ms. Chapman: No. Mr. Dawkins: There's a vendor, you said the vendors assured us. Mr. Plummer: I don't believe this. Ms. Chapman: And I'm the only one that ever comes to these meetings. I don't see any other vendors here. r. 1 261 October 12, 1989 s Mr. De Yurre: Yes, there's one right behind you. Ms. Chapman: Where? Oh, he came. Mr. Plummer: Is this a hot dog from a higher authority? Ms. Chapman: Yes, a kosher hog dog. Mr. De Yurre: Let's approve it and we'll run it to see what happens, and then we'll revisit it. Mayor Suarez: Mr. City Attorney, am I right that if we don't pass this, they're all technically illegal? Isn't that what you told us last time? Mr. Fernandez: If this doesn't pass, they'll all continue to be technically illegal. Mayor Suarez: We don't want to continue the illegality. Mr. Plummer: Good, good, they'll kill each other and we won't have to worry about the ordinance. Mayor Suarez: It used to be an illegal war, now it's a legal war. Mr. Dawkins: When we worked with this, I thought, to around the Orange Bowl, we agreed that the hot dog vendors themselves... Mr. Plummer: It's Mr. Dawkins: ...would get together and decide what events each one would work so as not to create the problems. But that didn't way anything about the ones at the Justice Building. Mr. Fernandez: Were you involved with Joel over this? Ms. Chapman: Well, you see, they're claiming that in front of the Justice Building now is private property, and they don't want us to be in front of the Justice Building. Mr. Dawkins: Well, what we're doing now is giving you permission to be there... Ms. Chapman: To be there. Mr. Dawkins: ...if you can get there. Ms. Chapman: Oh, I'll stay... I can't stay there? Mr. Dawkins: I don't see why not. But I'm not the City Attorney. Ms. Chapman: I'll stay there and pay the security. Ms. Range: Can she not remain there? Ms. Chapman: I just want to know I can be there. Mr. Fernandez: No, they cannot remain there. Vending hours are only from 7:00 to 7:00. Mayor Suarez: Put it this way, right now, it's illegal for you to be there 24 hours a day; any of the hours of the day. After this, at least 12 hours a day yc:'ll be there legally. It's the best we can do. Ms. Chapman: And what about the other vendors? How am I going to secure... Mr. Fernandez: All the vendors will be in the same situation. Mr. Plummer: They're going to be even if we pass this ordinance? It's a dog... ha, ha, it's a "dog eat dog!" Ms. Chapman: I didn't even see the ordinance. 262 October 12, 1969 Mayor Suarez: I'll entertain a motion on this ordinance. Whatever you call it. Mr. Plummer: The "dog eat dog ordinance." Ms. Chapman: I haven't even seen the ordinance. Mr. De Yurre: Call the roll and... Mayor Suarez: I don't even think we have a motion yet. Mr. De Yurre: No, we do, we have a motion and a second already. Mayor Suarez: Read the ordinance please. Mr. De Yurre: I moved it. The Mayor seconded it. Mr. Plummer: I want Joe Carollo back where we have a foreign policy on hot dogs! Mr. De Yurre: I moved it and the Mayor seconded it. Mr. Plummer: God, after 19 years how this Commission has deteriorated. Who moved it? Wait, wait, who moved it? Mr. De Yurre: I moved it, the Mayor seconded it. Mr. Plummer: Oh, you did? Mr. De Yurre: Yes. Ms. Hirai: Vice Mayor De Yurre and the Mayor seconded it. Mr. Plummer: Chicken! THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Plummer: Define for me what is the limitations around 12th Street? Is that around 15th Street or down to the river... Mayor Suarez: Isn't that defined in the actual ordinance? Mr. Plummer: Is that actually 12th Street? -and from what avenue to what avenue? Mr. Fernandez: It's Civic Center special vending district is defined as all public right of ways within that area bound by and including... Mayor Suarez: There's a little pictorial to go with it. Mr. Rodriguez: You have a map in your packet,... Mr. Plummer: I have a map in my packet. Mr. Rodriguez:... in the last page of the packet after the resolution. Mayor Suarez: And the City Attorney was reading the description that fits that, is that correct? Mr. Fernandez: Correct. Mr. Rodriguez: Yes. Mr. Plummer: So it goes up to 14th Street... Mr. Fernandez: Right. Mr. Plummer: ...from 14th Avenue to 12th Avenue. Mr. Fernandez: Um hum. 263 October 12, 1989 Mr. Rodriguez: No, no, no, no. Mr. Plummer: What? I'm looking from 12th Street to 14th and from 12th Avenue to 14th Avenue. Mr. Fernandez: Correct. Mr. Plummer: If they're not careful, Molina will get them for illegal parking. Mr. Odio: Don't talk to me on Molina, he's... Mr. Plummer: All right, now wait a minute, what does this do, I know for a... Mayor Suarez: There is Molina and there's Mulvena. Now, who are you talking about? Mr. Plummer: Molina. The one that tows the City Manager every other week. Mayor Suarez: I thought you were talking about the executive director of the Off -Street Parking Authority. Mr. Plummer: Question. What does this do to someone not selling hot dogs, such as the County has issued a franchise to Burger King across the street from here. What does this do to them? Does that exclude them? Huh? INAUDIBLE COMMENTS NOT ,ENTERED INTO THE PUBLIC RECORD. Mr. Fernandez: This only controls public right of way. If it's done from a private premise and the County has properly, you know, got permits to have that truck or that van there, that's something else which is not controlled by this. Mr. Rodriguez: You can sell food and flowers. Mr. Plummer: Food and flowers? Mr. Rodriguez: Right. Mr. Plummer: You mean, somebody can't sell fruit? Mr. Rodriguez: Is that food? Or is that flower? Mr. Plummer: Well, I've seen people eat alligator wallets, I mean, so, you know... Mayor Suarez: I have to put on the record that Commissioner Range has said that this is all OK as long as you only do it for four months. Mr. Plummer: All you what? Mayor Suarez: As long as you only do it for four months, you know, it's... Mr. Plummer; Four months? Mayor Suarez: Yes, it's kind of like purgatory, you know. It's OK, as long as you know you're not on your way to hell. It's going to end someday. Ms. Chapman: So I can be over here, right? i Mr. Rodriguez: Hold on a second. Ms. Chapman; It isn't funny to me, this is my livelihood. Mr. Rodriguez: Listen, you're getting... Ms, Chapman: It's not funny... Mr. Rodriguez: You see, I know it's not funny, but I try to get it through, otherwise you won't have anything that will allow you to do it and you will be _ legal, OK? 264 October 12, 1989 Ms. Chapman: But what happened to the last eight....? Mr. Rodriguez: Ask them if you were illegal. Ask them if you want to. Mr. Plummer: They won't live that long. Mayor Suarez: And I can imagine what my purgatory would be. You know who I would be in a room with. Mr. Plummer: Yes, your purgatory is coming next month. Mayor Suarez: Yes. Mr. Plummer: Miriam Alonso and Joe Caroilo... Mr. Dawkins: All right, where are we and what are we doing? Mayor Suarez: These four years have been good preparation. All right, call the roll on the ordinance. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE RELATING TO SIDEWALK AND STREET VENDING; AMENDING CHAPTER 39 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, BY PROVIDING DEFINITIONS; ESTABLISHING A NEW "CIVIC CENTER SPECIAL VENDING DISTRICT" FOR THE AREA AROUND THE NORTHWEST 12TH STREET METRO JUSTICE BUILDING; ADDING A NEW SECTION 39-17.2 ENTITLED "LIMITATIONS WITHIN THE CIVIC CENTER SPECIAL VENDING DISTRICT"; PROVIDING FOR HOURS OF OPERATION; PROVIDING FOR ESTABLISHMENT OF VENDING ZONES; PROVIDING LIMITATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner De Yurre and seconded by Mayor Suarez, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. Whereupon the Commission on motion of Commissioner De Yurre and seconded by Mayor Suarez, adopted said ordinance by the following vote: AYES: Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10660. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Wait, wait, wait a minute. Why is this an emergency? Mr. Dawkins: Because... 265 October 12, 1989 Mr. Plummer: I mean, are the buns going to go bad? Ms. Chapman: No. Mr. Fernandez: No, because of the existing illegality. Mr. Plummer: What in the hell is in public interest in safety of a hot dog vending ordinance? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: What? Mr. Fernandez: The existing illegality under which... Mr. Plummer: A combat zone? Mr. Odio: Mustard war. Mayor Suarez: You know why it's an emergency? Because if we had done it any other time in the day it wouldn't have been, but it's 8:49. Ms. Range: Let's get it over with. Mr. Plummer: Well, I can vote twice no, but I just think to declare this as an emergency is even absolutely more folly. Mayor Suarez: Thank you, Commissioner. Mr. Plummer: Go ahead, I... Declare the emergency, sir. Mr. Fernandez: OK. Mr. Plummer: Tell me what's in the public interest and welfare. Mayor Suarez: Who took him out to lunch today? What happened? Mr. Dawkins: Who didn't pay for his lunch? Mr. Fernandez: This ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety and property of the City of Miami. Mayor Suarez: I can't believe it. He's broken every record... Mr. Plummer: Boy, if I contest that one in court, I'll keep you busy. ------------------------------------------------------------------------------- 70. ESTABLISH SPECIAL CHARGES/TERMS/CONDITIONS FOR USE OF ORANGE BOWL STADIUM BY FLORIDA A&M UNIVERSITY - for Orange Blossom Classic football game - Execute use agreement. Mr. Dawkins: Mr. Mayor, I have one more here. In order for the Orange Bowl Classic to use the stadium, we have to pass a resolution so I'd like to... Mr. Plummer: Who's going to go out there tomorrow and tell them there's only... huh? Say again? Mr. Dawkins: In order for Florida A&M to play in the Orange Blossom Classic there on the 28th, we need this resolution passed, and it says: a resolution establishing special charge, terms, and conditions for the use of the Orange Bowl Stadium by Florida A&M and Mechanical University for the Orange Blossom Classic football game to be held October 28th, 1989; authorizing the City Manager to execute a use agreement in a form acceptable to the City Attorney with said user for this purpose. I so move. Mayor Suarez: So moved. 266 October 12, 1989 Ms. Range: Second. Mayor Suarez: Seconded. Mr. Plummer: Question. Whoa. Mayor Suarez: I don't believe it. Mr. Plummer: Slow down. The one thing that I'm concerned about is the surcharge. Now, if the surcharge is definitely in, is that correct? Ms. Diane Johnson: It is not, it was exempted by ordinance. Mr. Odio: Wait. When you passed the surcharge ordinance, it excluded this particular event. Mayor Suarez: We exempted this particular event. Mr. Plummer: All right, then, what are you doing, we're collecting off of the gross? Ms. Johnson: No, in effect... _ Mr. Dawkins: We're not collecting nothing. Ms. Johnson: ...in effect, what will happen is they will be paying a use fee that is equal to the amount of our expenses, and the use fee will come primarily from the grant monies the City has given. It's going to be a break even deal, essentially. Mr. Plummer: It's a wash. We will not lose money. - Ms. Johnson: We will not lose money. We will get some money from concessions and parking, but the expenses will be covered. Mayor Suarez: OK, do we have a motion and a second on this? Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 89-956 A RESOLUTION ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE ORANGE BOWL STADIUM BY FLORIDA AGRICULTURE AND MECHANICAL (FLORIDA A & M) UNIVERSITY FOR THE ORANGE BLOSSOM CLASSIC FOOTBALL GAME TO BE HELD OCTOBER 28, 1989; AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID USER FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Range, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 267 October 12, 1909 71. AUTHORIZE CITY MANAGER TO ISSUE DRAFT R.F.Ps. FOR DEVELOPMENT OF CITYWIDE BUS BENCH CONTRACT. ------------------------------------------------------------------------------ Mr. Dawkins: Move 60. Mayor Suarez: Think of it as a power boat race and vote for the dog gone thing. Yes on that... do we have any items left on the regular agenda? Mr. Dawkins: Move sixty. Move sixty. Mr. De Yurre: Sixty. Mayor Suarez: Fifty-seven. Is that you? Quick, don't waste any time. We're losing our quorum, we're ready to adjourn, fifty-seven. UNIDENTIFIED SPEAKER: Fifty-seven. Mayor Suarez: Yes? Mr. Plummer: Wait a minute, what happened? Mayor Suarez: That's the one I have circled here. I figured that's the only one, but... Mr. Plummer: What did we do on sixty? Mayor Suarez: We haven't handled it yet. Mr. Dawkins: I move sixty. Mr. Plummer: You moved the dis... Mayor Suarez: It's a discussion item. Item fifty-seven, we're on fifty- seven, please, Bob. Mr. De Yurre: Well, let's just move 60.... He's moving 60, I'm seconding sixty. Mayor Suarez: What is sixty? Mr. De Yurre: Bus benches, the RFP. Bob Fitzsimmons, Esq.: Oh, it's just discuss... Mr. Dawkins: The RFP... Mr. De Yurre: Put it out. Mr. Odio: Put it out. Mr. De Yurre: OK. Mayor Suarez: It says, discussion on bus benches. Mr. De Yurre: That's that RFP going out. Mayor Suarez: What? Mr. Odio: It was authorization to go out on an RFP. Mr. De Yurre: OK, moved and second. Mayor Suarez: This is the RFP that has been previously discussed and recommended by... Mr. Odio: Yes, sir. Mr. Plummer: Yes. Prepared by the administration and recommended by them, 268 October 12, 1989 0 Mayor Suarez: Sorry about this. Presumably this was not controversial, it... Mr. Plummer: No, no, no, hey, this is a ploy to the extent that you now are on the last item at nine, you will get on and stay on because we can't leave until you're finished. Mayor Suarez: Right, I think he meant to say, this is not a ploy, but let's just go ahead and take the vote. Call the roll. Mr. Plummer: It's a ploy. Mr. Fernandez: On sixty. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 89-957 A MOTION AUTHORIZING THE CITY MANAGER TO ISSUE AND RFP IN CONNECTION WITH THE CITYWIDE BUS BENCH CONTRACT. Upon being seconded by Commissioner De Yurre, the motion was passed and — adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor. Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 72. INSTRUCT MANAGER TO REVIEW AND RECOMMEND ON GUIDELINES PRESENTED BY COCONUT GROVE SPECIAL EVENTS COMMITTEE - Set public hearing - Instruct City Attorney to prepare ordinance. ------------------------------------------------------------------------------ Mayor Suarez: OK, 57. Bob Fitzsimmons, counselor. Bob Fitzsimmons, Esq.: Yes, my name is Bob Fitzsimmons. I'm a member of the special events committee which was formed by this Commission in September 8th of which Commissioner Plummer was the chairman. After meeting four times, _ taking information from various festivals and City departments, we came up a recommendation to the Commission, essentially enact an ordinance to control festivals in a certain area of Coconut Grove. I'm not sure whether it was in your packet. Basically, we wanted to create a special events district which would be bounded by Mary Street on the east, MacDonald Street on the west, Oak Avenue on the north, and the water on the south. It was our recommendation to impose some type of limitation on the hours of operation of festivals. It's also our recommendation that these events be limited to every other weekend or twice per month, which is the difference of two per year, with only one of the festivals to involve street closures. We also discussed establishing a fee for these festivals which would be calculated based on 50 percent of the estimated in -kind services from the City. Mr. De Yurre: Have you met with the administration on this? Have you? Mr. Plummer: Excuse me? Mr. De Yurre: Have you met with the administration on these recommendations? Mr. Plummer: The administration was part of the committee, Victor. Mr. De Yurre: OK, you're involved in this? Mr. Plummer: No, I was the chairman of the committee... 269 October 12, 1989 Mr. De Yurre: OK. Mr. Plummer: There was a representative of the administration as a part of - she's right here. And the others were the people appointed by each individual Commissioner. Mr. De Yurre: OK. Now, but is the administration - not a representative of the administration - has the administration reviewed these recommendations, and are you in a position to recommend or would you like to meet with... Mr. Odio: I have not seen this. Mr. De Yurre: OK, well I move that these recommendations be taken to... Mr. Plummer: Is there a prepared ordinance? Mr. Fernandez: No, not yet. Mr. Odio: No, it was placed as a discussion item. If you want to, I can bring it back as an ordinance but I have to look at it. Mr. Plummer: OK, are you then... may I suggest to you that we instruct the City Attorney to prepare the proper ordinance at the same time that the City Manager would come back and make a recommendation. Mr. De Yurre: That's right. Is that your motion? I'll second that. Mr. Plummer: OK, at least we get it moving. Let me, just for the record, if I may, state to you that in these recommendations, we took a two or three year history of the festivals that have occurred, and there was only twice in the three year history in which there was any kind of a conflict, and I think it was in November. What we're saying in this thing is, is that there are no regulations whatsoever now. For example, anybody with $75.00 can go down and reserve Peacock Park and exclude the general public from the use of that park on any given Sunday that's not been reserved. We felt that there was definitely the need to set some guidelines, some rules, some regulations and fees. Remember, there are fees involved in this for the restoration of those areas which are getting extremely heavy traffic. OK? Mr. Odio: We picked the date for a public hearing... Mr. Plummer: Whenever you're going to bring it back. At the next Commission meeting is fine with me. Have a public hearing at the next Commission meeting. Mr. Odio: November 16th. Mr. Plummer: That's fine - no. October 26th. Have a public hearing October 26th. Mr. Odio: Do we have time to advertise.....? Mr. Plummer: Oh, sure, you do. Mr. Odio: OK. Mr. Plummer: Sure. Mr. Fernandez: I need a separate resolution calling for with a public hearing. Mr. Plummer: I'll so move. Mayor Suarez: So moved. Mr. De Yurre: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. 270 October 12, 1989 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 89-958 A MOTION INSTRUCTING THE CITY MANAGER TO REVIEW AND MAKE RECOMMENDATIONS ON GUIDELINES PRESENTED BY THE COCONUT GROVE SPECIAL EVENTS COMMITTEE; TO SCHEDULE A PUBLIC HEARING. ON OCTOBER 26, 1989 IN CONNECTION THEREWITH; AND FURTHER INSTRUCTING THE CITY ATTORNEY TO PREPARE APPROPRIATE ORDINANCE IN CONNECTION WITH ;• SAID ISSUE. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins = Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: ------------------------------ None. ----------------------------------------- ------ 73. CLARIFICATION CONCERNING ONGOING FEUD BETWEEN REPRESENTATIVES OF THE MUSCULAR DYSTROPHY FOUNDATION AND MARSHALL STEINGOLD. Mr. Plummer: On the record, let me ask of the administration. I noticed in correspondence that I've been reading that there's a feud going on between Muscular Dystrophy and Marshall Steingold. Who is the winner of that feud? Ms. Range: All right, take care. Ms. Espi Avalos: OK, according... Mr. Plummer: Pull the mike down. Ms. Avalos: OK. Mr. Plummer: Yes, this is just... Ms. Range: Did we do this? Mr. Plummer: You'll hear about this later. Ms. Avalos: Kevin, oh, Kevin... the Department of Parks and Recreation requested an opinion from the law department, which apparently they have already obtained, and it's my understanding that they met and they have come to an understanding, both organizations, Marshall and the M.D.A. You know, they have resolved their differences and apparently they, you know, they are coming together on this. Mr. Plummer: So there's no conflict as... Ms. Avalos: Apparently, we will... but Kevin has more information on it. Is that it? Mr. Plummer: Well, if that's the answer, that's all I need to know. Ms. Avalos: That's all, yes, that's all. Mr. Plummer: Fine, thank you. Mayor Suarez: OK, we... 271 October 12, 1969 UNIDENTIFIED SPEAKER: Is that... you're not going to have any discussion from anybody there, the impact fee that you're trying to impose, the 50 percent, the Coconut Grove Art Show, I understand we pay about $68,000 in fees so that's thirty... Mr. Plummer: Sir, no, you'll find... we're not going to have input tonight ,but you'll find that that wording is no less than 50 percent. They can pay a hell of a lot more. Mayor Suarez: We are adjourned at 8:59, one minute before we had initially intended to be here and completed every item. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 8:59 P.M. ATTEST: Matty Hirai CITY CLERK Walter J. Foeman ASSISTANT CITY CLERK Xavier L. Suarez M A Y O R I NCORPRORATEt) 18 96 �. � � 4 I 272 October 12, 1989 ) CITY OF MIAMI +f .. � �rMlis 99ATED 4 .' 9G.•_ nnt-i IRAFNT INDEX DATE OCTOBER 12, 1989 3' PAGE No: 1 of 5 DOC ammT DENTFlCATiON OVAL CODS NO ACCEPT BID: CALAN, INC.- FOR FURNISHING AN INTEGRATED SWEEP SYSTEM AND SPECTRUM ANALYZER FOR COMPUTERS DEPARTMENT. ACCEPT BIDS: (i) HECTOR TURF,INC. -FOR FURNISHING ONE ROTARY MOWER; (ii) DEBRA TURF AND EQUIPMENT - FOR FURNISHING ONE REEL TURF MOWER - AUTHORIZE PURCHASE OF TWO (2) RIDING MOWERS FOR GENERAL SERVICE ADMINISTRATION•DEPT/FLEET MANAGEMENT DI- VISION. ACCEPT BIDS: DICTAPHONE CORPORATION - FOR FURNISHING MAINTE- NANCE SERVICES FOR THE E-911 LOGGING RECORDERS SYSTEM IN FIRE DEPARTMENT.- FOR GSA DEPARTMENT/COMMUNICATION DIVISION - AUTHORIZE PURCHASE OF 2 CALL CHECK RECORDERS AND RACK CONTROL PANELS. ACCEPT BID; A A SALES AND SERVICE CO.,INC. - FOR FURNISHING AND INSTALLATION OF FIVE (5) OVERHEAD GARAGE DOORS AT FIRE STATION #.1 FOR GSA DEPARTMENT/PROPERTY MAINTENANCE DIVISION. ACCEPT BID: VOICECOM OF FLORIDA, INC.,-FOR FURNISHING AND INSTALLATION OF A VOICE MESSAGING SYSTEM TO PERSONNEL MANAGE- MENT DEPARTMENT. ACCEPT BID; LLOYD STEIR - FOR FURNISHING THREE (3) PUREBRED GERMAN SHEPHERD DOGS FOR POLICE DEPARTMENT. ACCEPT BID: COMMERCIAL FITNESS PRODUCTS - FOR FURNISHING GYMNASIUM EQUIPMENT FOR POLICE DEPARTMENT. ACCEPT BID: APEX CONSTRUCTION ENTERPRISES, INC - FOR REMODEL- ING POLICE GYMNASIUM FOR POLICE DEPARTMENT. ACCEPT BID: M. VILA & ASSOCIATES, INC. - FOR NE 14 STREET HIGHWAY PROJECT. ACCEPT BID: LANZO CONSTRUCTION CO. - FOR NW 36 STREET SANITARY SEWER IMPROVEMENT - EXECUTE CONTRACT. ACCEPT BID; SIGMA CONSTRUCTION AND ENGINEERING CORP.- FOR DEM- OLITION OF FORMER.INCINERATOR NO. 1 - EXECUTE CONTRACT. ACCEPT BID: ACTION IRRIGATION INC FOR CITYWIDE IRRIGATION PROJECTS EXECUTE CONTRACT. ACCEPT BID: DEMOYA GROUP, INC. - FOR CIVIC -CENTER STORM SEWER RETROFITTING PROJECT r+ EXECUTE CONTRACT. EXECUTE AMENDED COMMERCIAL FACADE TREATMENT AGREEMENTS BETWEEN THE CITY OF MIAMI AND (i) ALLAPATTAH BUSINESS DEVELOP- MENT AUTHORITY, INC.,(ii) DOWNTOWN MIAMI BUSINESS ASSOCIATION, INC.,(iii) GREATER BISCAYNE BOULEVARD CHAMBER OF COMMERCE, INC (iv) LITTLE HAVANA DEVELOPMENT AUTHORITY, INC. - ALLOCATE FUNDS FROM 14th YEAR CDBG FUND. EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH HERB KELLY - FOR AN ANTI --DRUG EDUCATION CAMPAIGN FOR POLICE DEPARTMENT. R 89-876 R 89-877 R 89-878 R 89-879 R 89-880 R 89-881 R 89-882 R 89-883 R 89-884 R 89-885 R 89-886 R 89-887 R 89-888 R 891889 R 89,-890 DOCUMENT INDEX PAGE 2 OF 5 DOCUMENT IDENTIFICATION RETRIEVAL CODE EXECUTE AMENDMENT NO. 1 TO AGREEMENT - BETWEEN THE CITY OF MIAMI AND DELOITTE HASKINS & SELLS, INC ASSOCIATION WITH (i) SHARPTON, BRUNSON & COMPANY, P.A.,(ii) VERDEJA, IRIONDO & GRAVIER, CPA'S (iii) WATSON & COMPANY - FOR ASSISTANCE WITH IMPLEMENTATION OF NEW PAYROLL/PERSONNEL/ACCOUNTS RECEIVABLE SYSTEMS- ALLOCATE FUNDS. EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH ERNST AND YOUNG (FORMERLY ARTHUR YOUNG & COMPANY), TOGETHER WITH JORDAN, ABELLA & CO.- TO ANALIZE FINANCIAL VIABILITY OF RESPONSES TO RFP FOR THE 1145 NW 11 STREET, MUNICIPAL JUSTICE BUILDING - AUTHORIZE COMPENSATION TO BE REIMBURSED TO THE CITY BY SUCCESSFUL PROPOSER UPON EXECUTION OF LEASE AGREEMENT. EXECUTE CONTRACT WITH F.F. SANDS ASSOCI'ATES - FOR CONSULTING SERVICES TO INTERNAL AUDITS AND REVIEWS DEPARTMENT - CONCERNING DEVELOPMENT OF AN AFFIRMATIVE ACTION PROGRAM PLAN -ALLOCATE FUNDS. EXECUTE CONTRACT WITH THOMAS HOUSTON ASSOCIATES, INC.- FOR CON- SULTING SERVICES TO INTERNAL AUDITS AND REVIEWS DEPARTMENT - CONCERNING DEVELOPMENT OF AN AFFIRMATIVE ACTION PROGRAM PLAN - ALLOCATE FUNDS. ISSUE REVOCABLE PERMIT TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION - FOR USE OF PORTION OF PROPERTY AT 1009 NW 5 AVE. AUTHORIZE MANAGER TO SOLICIT ADVERTISIMENTS TO FUND PUBLISHING COSTS OF THE CITY OF MIAMI NEWLETTER ("DUR CITY"). RENAME AND CHANGE ADDRESS OF COCONUT GROVE EXHIBITION CENTER TO "COCONUT GROVE CONVENTION CENTER", 2700 SOUTH BAYSHORE DRIVE. AUTHORIZE REPLACEMENT OF CERTAIN FLORIDA PARKING REVENUE BONDS - TO SUBSTITUTE LOST BONDS. AUTHORIZE ISSUANCE OF $20,000,000 TAX ANTICIPATION NOTES, SERIES 1989 - TO MEET CITY'S CASH FLOW REQUIREMENTS FOR FISCAR YEAR 1989-90. APPROVE REQUEST OF POINT VIEW ASSOCIATION INC.- INSTALL POINT VIEW AREA IDENTIFICATION SIGNS WITHIN PUBLIC STREET RIGHT-OF- WAY AT INTERSECTION OF SE 14 STREET AND SE 15 ROAD, AND SE BAY - SHORE DRIVE. ACCEPT PROPOSALS OF (i) LUKE A. ROSS, (ii) RALPH ROSS REAL ESTATE CO., AND Uii) RENALDO BLANCO, ANCIA REALTY, INC. - TO APPRAISE FAIR MARKET VALUE OF CERTAIN PROPERTIES LOCATED IN LAWRENCE ES- TATE LAND CO. SUBDIVISION�AND AVOCADO PARK - ALLOCATE FUNDS. ACCEPT BID:•(i) CAZO�CONSTRUCTION CORPORATION - FOR SCATTERED SITE HOUSING DEVELOPMENT PROJECTTALLAPATTAH PHASE I: (ii.) ROBINSON CONSTRUCTION, INC.- FOR SCATTERED SITE HOUSING DEVELOP- MENT PROJECTS -MODEL CITY PHASE II AND MODEL CITY PHASE III. - ALLOCATE FUNDS. EXECUTE PURCHASE AGREEMENTS WITH PROPERTY OWNERS r FOR SIX PAR- CELS WITHIN COCONUT GROVE, ALLAPATTAH AND MODEL CITY COMMUNITY DEVELOPMENT TARGET AREAS - FOR CITY SPONSORED SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM ALLOCATE FUNDS FROM llth YEAR CDBG FUNDS. R 89-891 R 89-892 R 89-893 R 89-894 R 89-895 R 89-896 R 89-897 R 89-898 R 89-899 R 89-900 R 89-901 R 89-902 R 89-903 DOCUMENT INDEX DOCUMENT IDENTIFICATION AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST MR. PRENTICE F. RASHEED (D/B/A RESHEED'S CLOTHING AND JEWELRY ) - TO RECOVER $20,000 LOANED TO HIM BY MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDING AND CIVIL ACTION AGAINST MR. ARTHUR J. BROOKS (D/B/A UNCLE ARTHUR'S GROCERY STORE) - TO RECOVER $15,000 LOANED TO HIM BY MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM. EXECUTE QUIT CLAIM DEED TO OWNERS OF LOT IN BONITA PARK - TO REMOVE RIGHT-OF-WAY RESERVATION. URGE METROPOLITAN DADE COUNTY TO TAKE•STEPS TO INSTALL TRAFFIC REGULATORY SIGNS IN SOUTH COCONUT GROVE. GRANT REQUEST BY MIAMI BOOK FAIR INTERNATIONAL, INC. FOR STREET CLOSURE - CONCERNING 1989 MIAMI BOOK FAIR INTERNATIONAL - ESTAB- LISH TEMPORARY PEDESTRIAL MALL AND AREA PROHIBITED TO RETAIL PED- DLERS. GRANT REQUEST BY AMERICAN CANCER SOCIETY TO USE CERTAIN STREETS - CONCERNING "MAKING STRIDES AGAINST CANCER" EVENT. RESCIND RESOLUTION 89-749/CORRECT SCRIVENER'S ERROR - CONCERNING CLOSING/VACATING/ABANDONING/DISCONTINUING PUBLIC USE OF PORTION OF SW 30 AVENUE BETWEEN SOUTHERLY RIGHT-OF-WAY LINE OF SW 28 LANE AND METRORAIL RIGHT-OF-WAY. ACCEPT 26 DEEDS OF DEDICATION - FOR HIGHWAY PURPOSES. AUTHORIZE MANAGER TO SUBMIT APPLICATIONS REQUESTING GRANTS-IN-AID FROM FEDERAL/STATE/COUNTY/LOCAL GOVERNMENTS - AS WELL AS PRIVATE FOUNDATIONS/CORPORATIONS AT LOCAL/STATE/NATIONAL LEVEL - AUTHOR- IZE MANAGER TO DESIGNATE IN-KIND/CASH MATCH AS REQUIRED BY GRAND- TING AGENCY - FINAL ACCEPTANCE/ALLOCATION TO BE MADE BY CITY COMMISSION. GRANT REQUEST FROM MIAMI COALITION FOR CARE TO THE HOMELESS FOR POLICE AND OTHER CITY SERVICES AT BICENTENNIAL PARK FOR A RALLY. TO BE HELD ON OCTOBER 14, 1989. DIRECT ADMINISTRATION TO SUBMIT A COMPLETE REPORT (INCLUDING EXTERNAL AUDIT) ON CIRCUNSTANCES SURROUNDING FINANCIAL COLLAPSE OF THE FIREFIGHTERS HEALTH TRUST - DIRECT ADMINISTRATION TO HONOR ALL UNPAID CLAIMS. ALLOCATE EXISTING $82,000 BALANCE REMAINING IN THE FESTIVAL FUND TO EIGHT FESTIVAL GROUPS, TO THE BAYFRONT PARK MANAGEMENT TRUST AND TO FAMU - QUALIFY AS A ONE-TIME ALLOCATION. APPROVE CHIEF PROCUREMENT OFFICER'S REJECTION OF PROTEST RECEIVED FROM JUSTICE SYSTEM DEVELOPMENT GROUP, INC. - CONCERNING RFQ FOR DEVELOPMENT OF A FEDERAL LAW ENFORCEMENT BUILDING. DONATE CITY SURPLUS FIRE DISTRICT CHIEF STATION WAGON TO FIRE DEPARTMENT OF CITY OF SANTO DOMINGO, DOMINICAN REPUBLIC (SISTER CITY). FOUR CITY SURPLUS POLICE CARS TO POLICE DEPARTMENT OF REPUBLIC OF COSTA RICA (SISTER CITY). - TWO (2) CITY SURPLUS PASSENGER VANS TO CITY OF PUERTO LIMON, REPUBLIC OF COSTA RICA (SISTER CITY) FOR PUBLIC TRANSPORTATION. PAGE+.3 OF RETRIEVAL CODE R 89-904 R 89-904 R 89-906 R 89-907 R 89-908 R 89-909 R 89-910 R 89-911 R 89-912 R 89-917 R 89-919 R 89-921 R 89-921.1 R 89-922 R 89-922.1 DOCUMENT INDEX DOCUMENT IDENTIFICATION PAGE 4 OF 5 RETRIEVAL CODE N( AUTHORIZE PERMANENT PROHIBITION OF VEHICULAR ACCESS TO JEFFERSON R 89-923 STREET AT SOUTHERLY SIDE OF INTERSECTION WITH SW 28 STREET - DIRECT ADMINISTRATION TO REVIEW ALTERNATIVES IN CASE NECESSARY MONIES FOR BARRICADES ARE NOT OBTAINED. APPOINT INDIVIDUAL TO CITY OF MIAMI HEALTH FACILITIES AUTHORITY R 89-925 (APPOINTED WAS: MARIA ALONSO MARTINEZ). APPOINT INDIVIDUAL TO SERVE ON THE PLANNING ADVISORY BOARD R 89-926 (APPOINTED WAS W. TUCKER GIBBS). APPOINT MEMBER TO BOARD OF TRUSTEES OF CITY OF MIAMI FIRE FIGHTER R 89-927 AND POLICE OFFICERS' RETIREMENT TRUST. (APPOINTED WAS: MARSHALL BARRY) . APPOINT MEMBER TO BOARD OF TRUSTEES OF'CITY OF MIAMI FIRE FIGHT- R 89-928 ERS' AND POLICE OFFICERS' RETIREMENT TRUST (APPOINTED WAS JESSE DINER) . CREATE THE INTERIM STREET CODESIGNATION ADVISORY COMMITTEE- SET R 89-929 PURPOSE/FUNCTION - APPOINT MEMBERS (APPOINTED WERE: OBDULIO PIE- DRA, ARMANDO BUOELO, SR., TIMOTHY BARKET, REV. RICHARD DUNN . APPOINT MIRTA (MIKKI) P. CANTON AND LOURDES (LULI) A. LANDIS TO R 89-930 BOARD OF DIRECTORS OF DOWNTOWN DEVELOPMENT AUTHORITY. APPOINT INDIVIDUAL TO MIAMI WATERFRONT ADVISORY BOARD (APPOINTED R 89-931 WAS: DOVA CAUTHEN). APPOINT INDIVIDUAL TO MIAMI-RIVER COORDINATING COMMITTEE (AP- R 89-932 POINTED WAS: LOUIS WALDMANN). RATIFY MANAGER'S FINDING OF EMERGENCY REGARDING ACCEPTANCE OF R 89-934 BID FROM MET CONSTRUCTION, INC.- FOR CONSTRUCTION ON "ORANGE BOWL JOIST REPLACEMENT- 1989". DIRECTING THAT THE BALANCE OF FUNDS ALLOCATED DURING THE FISCAL R 89-935 YEAR 1988-1989 VE EMCUMBERED AND USED DURING FISCAL YEAR 1989- 1990. FURTHER GRANT REQUEST FROM FATHER RICHARD BARRY (OVERTOWN INDEPENDENT REVIEW PANEL) - DIRECT MANAGER TO ALLOCATE FUNDS ($50,000) IN SUPPORT OF PANEL (INCLUDING BALANCE OF $23,000 PRESENTLY IN THEIR BUDGET). GRANT FUNDING REQUEST FROM CITY OF SWEETWATER FOR USED VEHICLES R 89-938 (2 POLICE CARS, 2 PICK.rUP TRUCKS, AND ONE VAN). APPROVE IN PRINCIPLE, REQUEST FROM WYNWOOD ECONOMIC DEVELOPMENT R 89-939 CORPORATION TO DONATE CITY -OWNED PROPERTY LOCATED IN THE MIAMI FASHION/GARMET DISTRICT , REFER TO CITY MANAGER AND CITY ATTORNEY FOR THEIR RECOMMENDATIONS. GRANT REQUEST FROM REPRESENTATIVES OF CATHOLIC COMMUNITY SERVICES R 89-942 INC. - FOR RENTAL FEE WAIVER FOR USE OF OFFICE SPACE AT THE MANUEL ARTIME COMMUNITY CENTER. AUTHORIZE EXECUTION OF SUBLEASE AGREEMENT WITH CITYBANK INTER• R 89-946 NATIONAL - TO LEASE OFFICE SPACE FOR LAW DEPARTMENT. GRANT REQUEST FROM MIAMI NORTHWESTERN SENIOR HIGH SCHOOL - FOR R 89-950 CLOSURE OF DESIGNATED STREETS CONCERNING THEIR HOMECOMING PARADE. AUTHORIZE THE USE OF WATSON ISLAND AS A "PARK & RIDE" LOCATION R 89-951 DURING THE 1990 MIAMI INTERNATIONAL BOAT SHOW, WITH STIPULATIONS. - s DOCUMENT INDEX X ]1, '4 i PAGE 5 OF 5 14 a- DOCUMENT IDENTIFICATION RETRIEVAL CODE NO APPROVE CLOSURE OF DESIGNATED STREETS RE;"HURRICANE 5K HISPANIC R 89-953 HERITAGE RACE" - PURSUANT TO REQUEST BY GREATER MIAMI RUNNING ASSOCIATION. GRANT REQUEST BY BELLE MEADE HOMEOWNERS' ASSOCIATION TO AMEND R 89-954 RESOLUTION 89-454 WHICH CREATED SPECIAL TAXING DISTRICT FOR BELLE MEADE AREA, TO ALLOW INSTALLATION OF A "GUARD GATE". ESTABLISH SPECIAL CHARGES/TERMS/CONDITIONS FOR USE OF ORANGE R 89-956 BOWL STADIUM BY FLORIDA A&M UNIVERSITY - FOR ORANGE BLOSSOM CLASSIC FOOTBALL GAME - EXECUTE USE AGREEMENT.