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Home My WebLink AboutCC 1989-09-14 Minuteso T Y OF 2. AUTHORIZE EXTENSION OF TIME TO PURCHASE R 89-756 1-2 PERSONAL PROPERTY/EQUIPMENT WITH 9/14/89 PROCEEDS FROM ISSUANCE OF $16,175,000 CERTIFICATES OF PARTICIPATION SERIES 1986. 3. CONSENT AGENDA. DISCUSSION 2-4 9/14/89 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 PROVIDE FOR HOLDING OF NONPARTISAN ELECTION FOR MAYOR AND TWO COMMISSIONERS. ACCEPT BID: LANKFORD EQUIPMENT COMPANY, INC. - for furnishing heavy duty tire changer for Fire Department. ACCEPT BID: MUNICIPAL EQUIPMENT COMPANY - for furnishing firefighting protective clothing for Fire Department. ACCEPT BID: M. RUBIN & SONS, INC. - for furnishing 200 cold weather uniform jackets for Fire Department. ACCEPT BID: COUNTS MEDICAL EQUIPMENT - for furnishing portable emergency medical suction units and replacement containers for Fire Department. ACCEPT BID: HIALEAH MCALUMINUM - for furnishing 39 aluminum medical supply boxes for Fire Department. ACCEPT BID: VIYELLA COMPANY - for re- roofing Shenandoah Park Recreation Building for GSA Department. ACCEPT BID: MOTOROLA C. & E., INC. - for furnishing radio paging transmitter for GSA Department. ACCEPT BID: PROTECT SERVICE, INC. - for the furnishing and installation of 30- zone annunciator panel and PIR infrared units at the Fire Department Administration Building. ACCEPT RFP OF PALM PETERBILT GMC TRUCKS, INC. - for furnishing 3 recycling collection vehicles to Solid Waste Departments. R 89-757 5 9/14/89 R 89-758 5 9/14/89 R 89-759 5 9/14/89 R 89-760 6 9/14/89 R 89-761 6 9/14/89 R 89-762 6 9/14/89 R 89-763 6-7 9/14/89 3 11 ACOPT Mt TALQUIN IRRIGATION PIPE A R 89-167 S SU PLT - for furnishing Toro Sprinkler 9/14/89 Statetha parts for Barks bepartment (Moore Park Redevelopment). 3.12 ACCEPT BID: ACTION TARGET SYSTEM = for R 89-768 6 furnishing firing range renovation for 9/14/89 Police Department. 3.13 AUTHORIZE PURCHASE OF ADDITIONAL R 89-769 8 MICROCOPUTERS/PERIPHERAL EQUIPMENT FROM 9/14/89 UNISYS CORPORATION (under existing Dade County Bid Award Contract 1059-7/88) for Finance Department. 3.14 AUTHORIZE PURCHASE OF ADDITIONAL R 89-770 9 MICROCOMPUTERS/PERIPHERAL EQUIPMENT 9/14/89 FROM UNISYS CORPORATION (under existing Dade County Bid Award Contract 1059- 7/90) for Law Department. 3.15 AUTHORIZE AMENDMENT TO COST SHARING R 89-771 9 CONTRACT WITH SOUTH FLORIDA WATER 9/14/89 MANAGEMENT DISTRICT - for retrofitting stormwater basins. - 3.16 EXECUTE AGREEMENT WITH FLORIDA R 89-772 9 INTERAMERICAN FILM, VIDEO, T.V. & 9/14/89 RECORDING ASSOCIATION, NC. - in support of "InterAmerican Co -Production Market and Conference 18910. 3.17 EXECUTE AGREEMENT WITH O'LEARY, BROKAW R 89-773 10 & ASSOCIATES, INC. - to conduct Fire 9/14/89 Captain and Chief Fire Officer assessment centers. 3.18 ESTABLISH SPECIAL CHARGES, TERMS AND R 89-774 10 j CONDITIONS FOR USE OF ORANGE BOWL 9/14/89 STADIUM - by Cellar Door Concerts, Inc. - Execute agreement. 3.19 ESTABLISH SPECIAL CHARGES, TERMS AND R 89-775 10 CONDITIONS FOR USE OF ORANGE BOWL 9/14/89 STADIUM - by Miami Senior High School and Dade County High Schools located within City - for high school football games during 1989 fall football season - Execute agreement. 3.20 ALLOCATE $21,355 OF 15TH YEAR CDBG R 89-776 11 FUNDS TO: (1) Miami Jewish Home and 9/14/89 Hospital for the Aged - for senior adult day care center at Legion Park, and (2) operation of Coconut Grove Family Health Center, Inc. - for {_ primary health care program - Execute agreements. 3.21� ACCEPT FEDERAL HISTORIC PRESERVATION R 89-777 11 GRANT-IN-AID ($4.500) - Execute 9/14/89 agreement with Florida Department of State, Division of Historical Resources. $ 3.22 APPROVE CITY'S 1989-90 COMPREHENSIVE R 89-778 11 HOMELESS ASSISTANCE PLAN (CHAP) - 9/14/89 Authorize Manager to submit Plan to U.S. Department of Housing and Urban Development (USHUD). SAS 3. EA 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 q..° MCM AGREEMENT WITH WILLIAM SAWYER "it PURCHASE AND SALE Or PROPERTY LOCATED AT 801 N.W. 2ND AVEME AUHORIZE CITY ATTORNEY TO EMPLOY rLOYD, PEARSON, RICHMAN, GREER, WELL, ZACK & BRUMBAUGH - as special counsel concerning closing of real estate transaction involving exchange of Brickell Park property for the Brickell Point property. GRANT UNITED WAY AND SOUTHERN BELL REQUEST FOR STREET CLOSURES - for Little Havana United Way Kickoff (domino) Event at Domino Park. GRANT REQUEST BY COCONUT GROVE BICYCLE CLUB, INC. FOR STREET CLOSURES - for 18th Annual Great Coconut Grove Bicycle Race. GRANT REQUEST FOR STREET CLOSURES - for 1989 Orange Blossom Classic Parade - Establish area prohibited to retail peddlers. GRANT REQUEST FOR STREET CLOSURES - for Paella 189 - Establish pedestrian mall - Authorize beer and wine permit - Establish area prohibited to retail peddlers. T, R 89-781 12 9/14/89 R 89-782 13 9/14/89 R 89-783 13 9/14/89 R 89-784 13 9/14/89 GRANT REQUEST FOR FRIENDS OF GERMANY, R 89-785 INC. FOR STREET CLOSURES - for Fourth 9/14/89 Annual Oktoberfest - Authorize beer and wine permits. AUTHORIZE USE OF STREETS - for Av-Med R 89-786 Coconut Grove 5 Miler. 9/14/89 ACCEPT PLAT: MATILDA GROVE. ESTABLISH POLICY GOVERNING DONATION OF WEAPONS PREVIOUSLY ISSUED FOR INDIVIDUAL USE BY SWORN PERSONNEL OF MIAMI POLICE DEPARTMENT (See label 17). AMEND RESOLUTION 89-645 - which appropriated $250,000 from 1989-90 CDBG/Street Improvement Fund - Redirect funds to be appropriated from sale of land to Miami -Dade Community College for the Planned Process Economic Development Proposal - Execute agreement with Black Economic Development Coalition - Implement comprehensive economic development program in the black community (See label 5). 4. ACCEPT BID: BERGER SECURITY - for furnishing armed and unarmed security guard service for Parks Department. R 89-787 9/14/89 14 14 14 R 89-788 14 9/14/89 S 6. 7. V (Cbtftinued Dibdudbinin) BRIEF COMMENTS CONCERNING 91DIRICTION OF FUNDS FROM SALE OF LAND TO MIAMI-DADS COMMUNITY COLLEGE - for the Planned Process Economic Development Proposal (Sere label 3.33). ALLOCATE $80,000 OF 1989 EMERGENCY SHELTER GRANT FUNDS TO METROPOLITAN DADE COUNTY - for operation of Beckham Hall Residential Shelter for the homeless - Authorize negotiation of agreement. (See label 3) (A) DISCUSS AND DEFER CONSIDERATION OF PROPOSED AGREEMENT WITH METROPOLITAN DADE COUNTY ENGAGING THE CITY TO PROVIDE FIRE, RESCUE AND INSPECTION SERVICES TO PORT OF MIAMI - Direct Fire Chief to negotiate minimum required annual fee wit the County - Designate Commissioners Plummer and Dawkins to participate in negotiations. (B) AUTHORIZE FIRE/RESCUE SERVICES TO PORT OF MIAMI FOR 60 DAYS OR UNTIL AGREEMENT IS NEGOTIATED WITH METRO DADE COUNTY. L� DISCUSSION 9/14189 R 89-791 9/14/89 M 89-792 M 89-792.1 9/14/89 8. DESIGNATE $300,000 FROM GAS FRANCHISE R 89-793 FEES - in lieu of Miami Arena annual 9/14/89 rent payments - as permanent revenue source for Southeast Overtown/Park West Trust Fund for issuing tax increment revenue bonds to undertake new projects in Southeast Overtown/Park West Area. 9. EXPRESS POLICY OF CITY COMMISSION TO R 89-794 EMPHASIZE SAFETY - OPTIMIZE TOTAL COST 9/14/89 ASSOCIATED WITH ACQUISITION/OPERATION/DISPOSAL OF FLEET OF MOTOR VEHICLES AND EQUIPMENT - Define and enforce cost-effective fleet replacement standards. 10. AGREE, IN PRINCIPLE, TO INSTRUCT M 89-795 MANAGER TO NEGOTIATE WITH RALPH 9/14/89 SANCHEZ - in connecting with a major motorcycle event for Miami in the summer of 1990. 11. ESTABLISH SPECIAL R 89-796 CHARGES/TERMS/CONDITIONS FOR USE OF 9/14/89 SEMINOLE BOAT RAMP/DINNER KEY LAUNCHING AREA - in connection with Miami Boat Show in the Grove. 12. DEFER DISCUSSION CONCERNING PROPOSED DISCUSSION PERFORMING ARTS FACILITY IN DOWNTOWN 9/14/89 MIAMI. 13. EMERGENCY ORDINANCE: Establish new special revenue fund: "Solid Waste Reduction: Recycling and Education (FY'89)" - Appropriate $516,050 from recycling program grant and recycling education grant from State of Florida, Department of Environmental Regulation. 18 20-24 24-25 25-28 28-29 29 30 ORDINANCE 30-31 10630 9/14/89 14, MRGENCY ORDINANCE: Establish new ORDINANCE special revenue .funds Nynaood Safe 10631 Neighborhood Improvement District 9/14/89 Special Revenue Fund FY 89-90)" - Appropriate $280,000 from Florida Department of Community Affairs. 13. URGENCY ORDINANCE: Execute ORDINANCE participation agreement to evidence 10632 loaning of $6,5000,000 from the First 9/14/89 Municipal Loan Council's Pooled Loan Program to the City - for Off -Street Parking Department for Coconut Grove Playhouse. 16. EMERGENCY ORDINANCE: Amend Code Chapter ORDINANCE 39, Article II, Section 39-17(11) - 10633 Extend prohibition on vending within 9/14/89 Flagler Demonstration Block. 17. (A) (Continued Discussion) RECONSIDER M 89-797 PREVIOUSLY PASSED RESOLUTION M 89-798 ESTABLISHING COMMISSION POLICY 9/14/89 GOVERNING DONATION OF WEAPONS PREVIOUSLY ISSUED FOR SWORN PERSONNEL OF MIAMI POLICE DEPARTMENT. (B) ESTABLISH COMMISSION POLICY, RETROACTIVE TO JANUARY 1, 1987, GOVERNING DONATION OF WEAPONS PREVIOUSLY ISSUED FOR SWORN PERSONNEL OF MIAMI POLICE DEPARTMENT (See label 3.32). 18. CITY COMMISSIONERS COMPLAIN TO MANAGER DISCUSSION ABOUT ALLEGED POLICE DEPARTMENT APATHY 9/14/89 CONCERNING TV PROGRAM FEATURING AVOWED COCONUT GROVE YOUNGSTER ON CRACK. 19. PROPOSED EMERGENCY ORDINANCE - M 89-799 establishing Public Facility Limited 9/14/89 Vending Districts in vicinity of Orange Bowl Stadium, Miami Bobby Maduro Baseball Stadium and Miami Arena - Draft new ordinance for further study (See label 24). 20. SCHEDULE FOR OCTOBER 28, 1989 MEETING DISCUSSION DISCUSSION BY CAFE SOCIETY REGARDING 9/14/89 POOLROOMS. 21. APPOINT DANIEL PEREZ-ZARRAGA TO CODE R 89-800 ENFORCEMENT BOARD (Note: Mr. Perez- 9/14/89 Zarraga replaces Raul Gonzalez Viera). 22. BRIEF DISCUSSION CONCERNING STRUCTURE DISCUSSION OF CODE ENFORCEMENT BOARD AND 9/14/89 POSSIBILITY OF CREATING ONE MORE BOARD. 23. SECOND READING ORDINANCE: Amend ORDINANCE 105221 - Establish new Capital 10634 Improvement Project: "Police Department 9/14/89 911 Emergency Backup Site" - Appropriate funds ($346,000). 24. (Continued Discussion) CONCERNING DISCUSSION ESTABLISHMENT OF PUBLIC FACILITY 9/14/89 LIMITED VENDING DISTRICTS - Request Manager to recommend plan for next meeting (See label 19). 3l 33-34 35-36 36-37 37-38 39-45 45-47 47-48 48 49 50 r 23. 21COND MADINO iORMANCE! Amend 10484 - ORDINANCE SO bolement budgetary adjustments to 10635 emply with generally accepted 9/14/89 accounting principles. 96. SECOND READING ORDINANCE: Amend Code ORDINANCE 51-53 Chapter 4 (Alcoholic Beverages) - Add 10636 definition of Retail Specialty Center - 9/14189 Establish hours of operation - Provide exception from distance separation requirements - Limit number of establishments and restrict signs for and in Retail Specialty Centers. 27. SECOND READING ORDINANCE: Amend 10521 - ORDINANCE 53-54 Increase total appropriations to 10637 capital project: Southeast 9/14/89 Overtown/Park West Redevelopment - Phase I, from funds received from Urban Mass Transit Administration (UMTA). 28. DISCUSS AND CONTINUE TO NEXT MEETING DISCUSSION 54 PROPOSED SECOND READING ORDINANCE - to 9/14/89 create special revenue fund "Omni Area Redevelopment Tax Increment Trust Fund Account.". 29. SECOND READING ORDINANCE: Amend 10459 - ORDINANCE 55-56 Require that Miami Waterfront Advisory 10638 Board be informed, at the same time or 9/14/89 before other City committees/boards, of all issues concerning major development/disposition of City -owned waterfront property. 30. FIRST READING ORDINANCE: Establish new ORDINANCE 56 special revenue fund: "Training Support FIRST READING Fund Region XIV FY189-90" - Appropriate 9/14/89 funds - Accept grant award from State of Florida ($14,977). 31. FIRST READING ORDINANCE: Amend 10484 - Establish new special revenue fund: "Community Development Block Grant Appropriation - FY-89" - Appropriate $12,342,000 from CDBG Funds and Program Income. 32. FIRST READING ORDINANCE: Amend Code Chapters 2, 29 and 54: Administration, Landfills and Waterfront Improvements, and Streets and Sidewalks - Provide for increased fees (e.g. 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, etc. 33. DISCUSS AND TEMPORARILY TABLE PROPOSED DESIGNATION OF DEVELOPMENT OF MELROSE NURSERY SITE AS A CATEGORY "B" PROJECT (See label 35). VAJVs cOD1 PROHIBITION (Section 2- R 89-601 61 302) for procurement of professional 9/14/189 services of Jose Fabregas as development consultant and construction supervisor of City -sponsored scattered site Affordable Homeownership Program, the St. Hugh Oaks Village Project and Melrose Nursery (See label 36). 35. (Continued Discussion) DISCUSS AND M 89-802 62-61 DEFER PROPOSED DESIGNATION OF 9/14/89 DEVELOPMENT OF MELROSE NURSERY SITE AS A CATEGORY "B" PROJECT - Authorize advertisement seeking professional services from both profit and nonprofit agencies (See label 33). 36. (Continued Discussion) AUTHORIZE R 89-803 68-69 AGREEMENT WITH JOSE FABREGAS FOR 9/14/89 PROFESSIONAL DEVELOPMENT, CONSULTANT AND CONSTRUCTION SUPERVISOR SERVICES - concerning development and construction of City -sponsored scattered site Affordable Homeownership Program, the St. Hugh Oaks Village Project and Melrose Nursery (See label 34). 37. DECLARE U.D.P. AS MOST ADVANTAGEOUS R 89-804 69-70 METHOD OF DEVELOPING CITY -OWNED 9/14/89 PROPERTY (Miami Marine Stadium) - for restaurant/marine service uses - Authorize R.F.P. for a U.D.P. - Set public hearing. 38. DECLARE U.D.P. AS MOST ADVANTAGEOUS R 89-805 70-75 METHOD OF DEVELOPING CITY -OWNED LAND 9/14/89 (FEC Tract and adjacent deep water slip, and at Bicentennial Park) Authorize R.F.P. for a U.D.P. for development of special public attractions, maritime facilities and services, public park, food and entertainment services - Set public hearing. 39. (A) APPROVE, IN PRINCIPLE, THE 1989- R 89-806 75-76 1995 CAPITAL IMPROVEMENT PROGRAM. DISCUSSION (B) REQUEST MANAGER TO REPORT ON 9/14/89 FEASIBILITY OF PURCHASING A WATER WITCH TO PICK UP RIVER AND BAY DEBRIS. 40. FIRST READING ORDINANCE: Establish ORDINANCE 76-77 appropriations for City of Miami FIRST READING Capital Improvements - Establish new 9/14/89 capital improvement projects (fiscal year 1989-90). 41. ALLOCATE $10,000 TO AMIGOS DE CLAUDE R 89-807 77-79 PEPPER, INC. (to be paid on a 9/14/89 reimbursement basis) - for placement of statue in Jose Marti Park. 42. (A) WAIVE CODE PROHIBITION (Section 2- R 89-808 79-84 302) - as it applies to Robert F. R 89-809 Clark, prior Assistant City Attorney. 9/14/89 (B) AUTHORIZE CITY ATTORNEY TO ENGAGE SERVICES OF ROBERT F. CLARK AS SPECIAL COUNSEL - for total compensation not to exceed $60,000. 49. (A) DENY APPEAL OF MARTIN SUSKIND - R 89-810 tiph61d Publie Works Depsrtment'8 DISCUSSION decision not to grant renewal of 9/14/80 aidevalk cafe permit for La Bread Station. (B) REQUEST MANAGER TO CONTINUE DISCUSSION AT NEXT MEETING CONCERNING AMBIENCE AND GENERAL CONCEPT OF SIDEWALK CAFES. 44. EXECUTE AGREEMENT WITH TERREMARK AT R 89-811 DINNER KEY, INC. - for 9/14/89 exhibition/display of aviation artifacts as part of "City of Miami Aviation Historical Museum Exhibit". 45. AUTHORIZE AMENDMENT TO CONCESSION R 89-812 AGREEMENT BETWEEN THE CITY AND JERRY'S, 9/14/89 INC. TO TERREMARK AT DINNER KEY, INC. - Authorize deletion and replacement of Exhibit C of Agreement for a new Exhibit C-1 - Authorize Manager to redesignate area identified in new Exhibit C-1 as parking area to be provided by the City and improved by the tenant (pursuant to lease agreement between City of Miami and Bayshore Properties, Inc., and assigned by Bayshore Properties, Inc. to Grove Market, Ltd.). 45.1 BRIEF COMMENTS: (A) ASTA Convention; DISCUSSION (B) CAMACOL Hemispheric Congress. 9/14/89 46. GRANT REQUEST BY CARNIVAL DEVELOPMENT R 89-813 COMMITTEE FOR STREET CLOSURE - 9/14/89 concerning Columbus Day Weekend Parade (See labels 50 & 59) 47. GRANT FUNDING REQUEST FROM SUNSTREET M 89-814 FESTIVAL BOARD - Allocate $20,000 9/14/89 ($10,000 as one of eight community cultural events and $10,000 from monies designated from community cultural events). 48. REFER TO MANAGER FUNDING REQUEST FROM M 89-815 "HAIRSTYLES BY MR. RALPH" - concerning 9/14/89 Rafael Plaza's project. 49. AUTHORIZE MANAGER TO REQUEST M 89-816 REPRESENTATIVES OF SOUTHEAST BANK TO 9/14/89 COME BEFORE CITY COMMISSION TO EXPLAIN THEIR ALLEGED NONPARTICIPATION IN COMMUNITY PROJECTS (See label 68). 50. (Continued Discussion) REFER TO MANAGER DISCUSSION EXISTING ARGUMENT BETWEEN CARNIVAL 9/14/89 DEVELOPMENT COMMITTEE AND ANOTHER GROUP - for use of Bicentennial Park on a given date (See labels 46 & 59). 51. AUTHORIZE MANAGER TO ACQUIRE (BY R 89-617 NEGOTIATED PURCHASE) THE FEE SIMPLE 9/14/89 TITLE TO PROPERTY LOCATED ON N.W. 34TH TERRACE BETWEEN N.W. 1ST AND 2ND AVENUES - in order to expand Roberto Clemente Park. S3-91 91 92-94 94-95 95-97 97-102 103-105 105-106 106-109 32. 53. S4. 55. 56. 57. 58. 59. 60. 61. RRFRR TO CITY'S HISTORIC PRESERVATION M 89-818 soaD, WITH PosrTIVB RECOMMENDATION - 9/14/89 establishment of legal mechanism mandating a degree of citizen notification/input prior to changes in the street and median park system in Brickell Hammock area. (Roads Section) REFER FLORIDA HOUSING DISCUSSION COOPERATIVE'S FUNDING REQUEST TO 9/14/89 THE ADMINISTRATION - for review and recommendation. AUTHORIZE USE OF THE FEC RAILWAY R 89-819 PROPERTY BY CIRCUS TIHANY SPECTACULAR, 9/14/89 INC. - for presenting a circus. REFER TO CITY'S MEMORIAL COMMITTEE M 89-820 REQUEST BY THE DOMINICAN COMMUNITY FOR 9/14/89 CODESIGNATION OF PART OF 17TH AVENUE AS "JUAN PABLO DUARTE STREET". DISCUSSION BY REPRESENTATIVES OF DISCUSSION NORTHEAST MIAMI UMBRELLA COMMITTEE 9/14/89 CONCERNING $300,000 LOAN GIVEN TO CAREY TECHNICAL INSTITUTE. AUTHORIZE NEGOTIATION OF A $250,000 R 89-821 LOAN TO TEATRO MARTI - Proposed 9114/89 agreement to be brought back to the Commission for final approval. EXTEND DATE ON WHICH MERRILL-STEVENS R 89-822 DRY DOCK CO. MUST VACATE CITY -OWNED 9/14/89 PROPERTY AT 2640 SOUTH BAYSHORE - with provisos. (Continued Discussion) BRIEF COMMENTS DISCUSSION CONCERNING CARNIVAL DEVELOPMENT 9/14/89 COMMITTEE'S REQUEST FOR USE OF BICENTENNIAL PARK (See labels 46 & 50). (A) AUTHORIZE PROFESSIONAL SERVICES R 89-823 AGREEMENT WITH HOLLAND & KNIGHT TO R 89-824 SERVE AS THE CITY'S TALLAHASSEE 9/14/89 LEGISLATIVE CONSULTANTS (LOBBYISTS). (B) AUTHORIZE ALLOCATION OF $25,000 FOR ELECTED OFFICIALS WHO NEED TO UNDERTAKE LOBBYING EFFORTS DURING LEGISLATIVE SESSIONS. BRIEF REPORT BY DIRECTOR OF PUBLIC DISCUSSION WORKS DEPARTMENT - concerning Fairlawn 9/14/89 North Sanitary Sewer Improvement District. 111-z113 121-124 124-128 128-137 137-151 151 151-156 156-157 (A) EMEROENCT ORDINARL'tt Amend Cede ORDINANCE i83 ► 96ttion 54-100 - Substitute 10630 *Irrevocable" Permit for "Revocable" DISCUSSION Permit - Provide that a guard gate R 89-827 which does not hinder public access 9/14/80 along right-of-way be authorized as part of governmentally operated project, or as element of special taxing district. (B) Discussion concerning speed strips within the City. (C) AMEND RESOLUTION 89-288 - Include authorization for guard gate in Commission's approval of special taxing district for Belle Meade Island. 65. DETERMINE SECURITY/STREET MAINTENANCE R 89-828 114-180 SERVICES BE PROVIDED IN FLAGLER/CORE 9/14/89 AREA SECURITY DISTRICT - Special Improvement District - Levy special assessments. 66. (A) FIRST CITY OF MIAMI PUBLIC HEARING DISCUSSION 180-206 ON FISCAL YEAR 1989-90 BUDGET - R 89-829 Discussion. 9/14/89 (B) APPROVE ALLOCATION OF $50,000 IN SUPPORT OF THE SUNSHINE STATE GAMES. 67. FIRST READING ORDINANCE: Define and ORDINANCE 206-208 designate territorial limits of the FIRST READING City of Miami - Fix millage and levy 9/14/89 taxes (Fiscal Year 1989-90). 68. (Continued Discussion) PUBLIC APOLOGY DISCUSSION 209 BY MEMBER OF COMMISSION CLARIFYING PRIOR SATEMENT CONCERNING SOUTHEAST 9/14/89 BANK (SEE LABEL 49). 69. (A) DIRECT MANAGER TO ALLOCATE $300,000 FOR FIVE YEARS AS CITY'S SHARE TOWARD CONSTRUCTION OF JACKSON MEMORIAL HOSPITAL TRAUMA CENTER, with proviso. (B) FIRST READING ORDINANCE: Establish City of Miami appropriations for Fiscal Year 1989-90. 70. (A) DISCUSS DOWNTOWN DEVELOPMENT AUTHORITY PROPOSED MILLAGE AND TENTATIVE BUDGET (Fiscal Year 1989-90). (B) FIRST READING ORDINANCE: Define and designate territorial limits of Downtown Development District - Fix millage and levy taxes (Fiscal Year 1989-90). 71. 72. 73. R 89-830 ORDINANCE FIRST READING 9/14/89 DISCUSSION ORDINANCE FIRST READING 9/14/89 FIRST READING ORDINANCE: Establish ORDINANCE appropriations for Downtown Development FIRST READIN Authority for Fiscal Year 1989-90. 9/14/89 AUTHORIZE TRANSFER OF $350,000 TO R 89-831 DOWNTOWN DEVELOPMENT AUTHORITY - as 9/14/89 advance payment of ad valorem proceeds. APPROVE/ADOPT ANNUAL BUDGET OF R 89-832 DEPARTMENT OF OFF-STREET PARKING 9/14/89 (Fiscal Year 1989-90). 209-220 220-223 223-225 G � 225-226 = 226-228 = t .. aid,_. DISMISS An APPROVE i989a1993 R 89-833 228�►224 REPAR'TMEMT or Orr -STREET PARKING'S FIVE 9/14/89 3 ItW PLAN, 15. PLAIT READING ORDINANCEt Amend Code ORDINANCE 229-233 Section 35-91, 35y-92, 35-93 and 53- FIRST READING 161(3) - Establish rates for certain 9/14/80 on -street teeters and off-street lots - Increase monthly rate at Municipal Parking Garage No. 5 - Authorize Off - Street Parking Board to develop experimental rate structures. 76. APPROVE ANNUAL BUDGET OF WORLD TRADE R 89-834 234-235 CENTER GARAGE (fiscal year 1989-90). 9/14/80 77. (A) APPROVE ANNUAL BUDGET OF DOWNTOWN R 89-835 235-237 GOVERNMENT CENTER GARAGE (Fiscal Year DISCUSSION 1989-90). 9/14/89 (B) DIRECT ADMINISTRATION TO IMMEDIATELY ADVERTISE TO SELL DOWNTOWN - GOVERNMENT CENTER GARAGE. 78. APPROVE ANNUAL BUDGET OF DEPARTMENT OF R 89-636 237-239 OFF-STREET PARKING (Fiscal Year 1989- 9/14/89 90) - Provide for operation of Gusman Center for the Performing Arts and the Olympia Building. 79. APPROVE ADMINISTRATIVE BUDGET OF MIAMI R 89-837 239-241 SPORTS AND EXHIBITION AUTHORITY (Fiscal 9/14/89 Year 1989-90). 80. FORMAL ESTABLISHMENT OF NORTHEAST AREA M 89-838 241-243 TASK FORCE - Accept proposed list of 9/14/89 - names, adding Jack D'Espinose, for a total of 25 members. 81. DISCUSSION WITH REPRESENTATIVES OF DISCUSSION 244-254' P.A.C.T. (PEOPLE ACTING FOR COMMUNITY M 89-839 TOGETHER) - concerning revamping of R 89-840 system to demolish abandoned and crack M 89-841 houses, and new Housing Code. 9/14/89 A.INSTRUCT CITY ATTORNEY TO OBTAIN LEGAL AUTHORITY TO CREATE A "CITY OF MIAMI UNSAFE STRUCTURES BOARD". B.ALLOCATE $300,000 TO FUND PROPOSED "CITY OF MIAMI UNSAFE STRUCTURES BOARDS". C.DIRECT TALLAHASSEE LOBBYISTS TO GIVE PRIORITY TO EFFORTS CONCERNING PROMOTION OF "CITY OF MIAMI UNSAFE _ STRUCTURES BOARD". — MIMMS of REGUI AR MEETING Or THE CITY COMMISSION Or MIAMI, FLORIDA On the 14th day of September, 1989, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan Ameriean Drive, Miami# Florida in regular session. The meeting was called to order at 9:09 a.m, by Mayor Xavier Suarez with the following members of the Commission found to be present: 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. 1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS ------------------------------------------------------------------------------ 1. Presented Proclamation to: Make -A -Wish Foundation to recognize its humanitarian efforts on behalf of terminally ill youngsters. 2. Presented Plaque to: Mayor Xavier L. Suarez, Vice Mayor Victor De Yurre and Commissioners Miller J. Dawkins, J. L. Plummer and M. Athalie Range for their support towards youth sailing. Presentation by Coconut Grove Sailing Club. 3. Presented Certificates of Appreciation and T-Shirts to: City Commissioners by Coconut Grove Track Club. NOTE FOR THE RECORD: The presence of State Senator Larry Plummer in the Chambers was acknowledged. 4. Presented to City of Miami Day Care Facilities: $1,550.00 check from the proceeds of the City of Miami Birthday Cruise. ------------------------------------------------------------------------------ 2. AUTHORIZE EXTENSION OF TIME TO PURCHASE PERSONAL PROPERTY/EQUIPMENT WITH PROCEEDS FROM ISSUANCE OF $16,05,000 CERTIFICATES OF PARTICIPATION SERIES 1986. Mr. Dawkins: Mr. Mayor, before we get started... s Mayor Suarez: Commissioner Dawkins. Mr. Dawkins; We have a resolution here that they said must be passed. Want to explain it to us, please? i September 14, 19$9 {' S Mkt. Carlos Garcia: Yed, Mayor and Commissioners, we have a... three years ago the City sold $16,000,000 in certificates of participation with the purpose of pUrchasing equipment, trucks and police cars and so forth. The plan was to use the money within three years. The agreement that we had with the agent, Which is the bank, wad that within three years the monies would be used. We still have a million dollars in the bank, mainly because of interest earnings on those funds. We need to extend the contract for another year with the agent, which happens to be Sun Bank and that is why we are asking you to pass this resolution this morning. Mr. Dawkins: So moved. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Mr. Vice Mayor, will you call the roll and take over the Chair? I'm going to have to abstain on the vote. This is Sun Bank. Mr. Plummer: Don't forget the form. Mr. De Yurre: Any further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 89-756 A RESOLUTION AUTHORIZING AN EXTENSION OF THE TIME REQUIRED TO PURCHASE PERSONAL PROPERTY AND EQUIPMENT WITH THE PROCEEDS FROM THE ISSUANCE OF THE $16,175,000 CERTIFICATES OF PARTICIPATION SERIES 1986; AUTHORIZING THE TAKING OF ACTION AND THE EXECUTION OF DOCUMENTS IN CONNECTION THEREWITH; REPEALING INCONSISTENT RESOLUTIONS; AD PROVIDING AN EFFECTIVE DATE. (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 J. Dawkins Vice Mayor Victor De Yurre NOES: None. ABSENT: None. ABSTAINED: Mayor Xavier L. Suarez 3. CONSENT AGENDA. Mayor Suarez: Commissioners and members of the general public, item CA-1 through CA-40 constitutes the Consent Agenda... Mr. Dawkins: Where is Herb Bailey? Mayor Suarez: ... and we are about to get into that as soon as the Manager... Mr. Odio: I'd like to withdraw CA-14 and CA-19. Mayor Suarez: OK, with the exception of those two items, constitutes the Consent Agenda. Mr. Fernandez: Mr. Mayor... 2 Aeptember 14, 1989 Mr. Plummer: 14 and 19? Mayor Suarez: Mr. City Attorney, Mr. Fernandez: Yes, there are a few modifications that must be made on some items in the Consent Agenda that it would be proper. They are just minor modifications. Mayor Suarez: Would you state those into the record so that everybody knows what the minor adjustments, modifications... Mr. Fernandez: Yes, certainly. For example, in Consent Agenda item number one, you must decide which newspaper or newspapers will carry the notice advertising the elections in November. Mr. Plummer: How the hell do you do that? There's only one game in town. Me. Hirai: That's right. Mr. Fernandez: Well, but your... Mr. Plummer: They've got a monopoly. Mr. Fernandez: Well, but there are other newspapers, that you may also advertise in. Courtesy notice... Mr. Plummer: Doesn't it have to be of daily circulation? Mr. Fernandez: There are other newspapers in town that are also of daily circulation. Mr. Plummer: The Miami Review? Mr. Fernandez: The Miami Review. Mr. Plummer: Are we trying to keep the election a secret? Mr. Fernandez: No, I'm telling you that this is an item that is blank on your resolution as it appears in front of you. If you pass it without filling in the blanks, then I don't know whether Madam City Clerk will have enough information to publish. Ms. Hirai: We automatically utilize The Miami Herald because we feel that the greatest number of people are advised of what is going on. Mayor Suarez: OK, if that is the typical way of doing it, let's go ahead with that particular publication. Sir, Mr. Kenne. Mr. Dick Kenne: I'd like to discuss item 39 on the Consent Agenda. Mayor Suarez: We are going to pull item 39 for discussion and we will see why it couldn't have been handled prior to today. Mr. Fernandez: Mr. Mayor, I have one or two other modifications in Consent Agenda item number 10. We must add some wording to the whereas. This is an acquisition that the City is making and we are making this acquisition through competitive negotiations where price alone was not the only consideration and therefore we need to add some wording to a whereas to reflect that it is being purchased because it contains the most advantageous combination of price, quality and other features needed by the City for these vehicles. It is important that the resolution contains that. Then also on Consent Agenda item number 15, it erroneously states there that the bid that we are attaching is Metropolitan Dade County. It should really be the State of Florida. Those are corrections both to items 15 and 16, should actually reflect that they are State of Florida bids that we are attaching to, not Dade County. Then on item 23, which is the Beckham Hall, there really was misstated in the resolution, this is not to come back to you again. The City Manager is to be authorized to enter into that agreement, not just to negotiate it, because if it remains as it says, negotiate, then that implicitly, or that implies that he must come back with a negotiated agreement for you to approve. Agreement has already been negotiated, it is a question of entering into so the resolution must read correctly. Then lastly, item number 40 in the Consent Agenda Yes, a new item 3 September 14, 1989 has been- distributed to you which shows Borne mandn,ents were made, bath to the resolution and to the contract. This is the planned Process $oonaffiln ' Development and when it was originally distributed to you, there had not been enough time to review it. Now, as have been redistributed to you, the corrections have been made. Mrs. Mange: So is it being pulled or not? Mr. Fernandes: No, it is not being pulled. I'm just making those clarifications on the record so that when you vote on them as Consent items, the record will be accurate. Mr. Plummer: Mr. Mayor, I wish to pull 23 and 28. Mayor Suarez: Item 23 and 28 are pulled, hopefully for Clarification, Commissioner Plummer. We've also had one request from the head of the police union for 39 and the Administration has pulled which items, 14 and 17? Mr. Plummer: 14 and 19. Mayor Suarez: 14 and 19. Mr. Odio: No, we withdrew them, I don't want to discuss them today. Mayor Suarez: Withdrawn, items 14 and 19. So, with the exception of... Mr. De Yurre: And also 13. I'll just clarify something. Mayor Suarez: 13 for clarification. Mr. Dawkins: 30 for clarification. Mr. Mayor. Mayor Suarez: And 30 for clarification. So with the exceptions of items 13, 14, 19, 23, 28, 30 and 39, I will entertain a motion on items CA-1 through CA- 40. Mr. Plummer: So moved. Mayor Suarez: Does anyone from the general public wish to be heard on these items, or to handle any of them specifically and singularly? Let the record reflect no one stepped forward. We have a motion and a second. If there is no further discussion, call the roll. THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DAWKINS THE FOLLOWING ITEMS COMPRISING THE CONSENT AGENDA WERE ADOPTED BY THE FOLLOWING VOTE OF THE CITY COMMISSION: i kFIN 3.1 PROVIDE FOR HOLDING OF NONPARTISAN ELECTION FOR MAYOR AND TWO COMMISSIONERS. RESOLUTION NO. 89-757 A RESOLUTION MAKING PROVISIONS FOR HOLDING A NONPARTISAN PRIMARY ELECTION ON NOVEMBER 7, 1989, FOR THE NOMINATION OF CANDIDATES FOR THE OFFICES OF MAYOR AND TWO COMMISSIONERS AND FOR HOLDING A LATER GENERAL MUNICIPAL ELECTION ON NOVEMBER 14, 19890 UNLESS ALL OF SAID OFFICES HAVE BEEN FILLED IN THE NONPARTISAN PRIMARY ELECTION; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN SAID NONPARTISAN GENERAL ELECTION; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID NONPARTISAN PRIMARY ELECTION AND SAID GENERAL MUNICIPAL ELECTION; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH NONPARTISAN PRIMARY ELECTION AND SUCH GENERAL MUNICIPAL ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; AND DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS HEREOF. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.2 ACCEPT BID: LANKFORD EQUIPMENT COMPANY, INC. - for furnishing heavy duty tire changer for Fire Department. RESOLUTION NO. 89-758 A RESOLUTION ACCEPTING THE BID OF LANKFORD EQUIPMENT COMPANY INC. FOR THE FURNISHING OF ONE HEAVY DUTY TIRE CHANGER FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES/FIRE GARAGE AT A TOTAL PROPOSED COST OF $4,690.00; ALLOCATING FUNDS THEREFOR FROM THE 1988-89 OPERATING BUDGET ACCOUNT CODE #280701- 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.) 3.3 ACCEPT BID: MUNICIPAL EQUIPMENT COMPANY - for furnishing firefighting protective clothing for Fire Department. RESOLUTION NO. 89-759 A RESOLUTION ACCEPTING THE BID OF MUNICIPAL EQUIPMENT COMPANY FOR THE FURNISHING OF FIREFIGHTING PROTECTIVE CLOTHING FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED COST OF $50,869.00; ALLOCATING FUNDS THEREFOR FROM THE FY'89 FIRE BOND ACCOUNT 313230 ACCOUNT CODE #289401-075; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5 September 14, Or 3.4 ACCEPT BIDS M, RUIN SONS, INC. - for furnishing 900 cold weather uniform jaekets for fire Department. RESOLUTION NO. 89-760 A RESOLUTION ACCEPTING THE BID OF M. RUBIN & SONS, INC. FOR THE FURNISHING OF TWO HUNDRED (200) COLD WEATHER UNIFORM JACKETS FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED COST OF $9,294.34; ALLOCATING FUNDS THEREFOR FROM THE FY '88-'89 OPERATING BUDGET ACCOUNT CODE #280601-075; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. - (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.5 ACCEPT BID: COUNTS MEDICAL EQUIPMENT - for furnishing portable emergency medical suction units and replacement containers for Fire Department. RESOLUTION NO. 89-761 A RESOLUTION ACCEPTING THE BID OF COUNTS MEDICAL EQUIPMENT FOR THE FURNISHING OF PORTABLE EMERGENCY MEDICAL SUCTION UNITS AND REPLACEMENT CONTAINERS FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES/RESCUE DIVISION AT A TOTAL PROPOSED COST OF $8,139.00; ALLOCATING FUNDS THEREFOR FROM THE FY 189 FIRE BOND ACCOUNT NO. 313230 ACCOUNT CODE #289401- 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.) 3.6 ACCEPT BID: HIALEAH MCALUMINUM - for furnishing 39 aluminum medical supply boxes for Fire Department. RESOLUTION NO. 89-762 A RESOLUTION ACCEPTING THE BID OF HIALEAH MCALUMINUM FOR THE FURNISHING OF THIRTY NINE (39) ALUMINUM MEDICAL SUPPLY BOXES FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED COST OF $8,204.00 ALLOCATING FUNDS THEREFOR FROM THE FY '89 FIRE BOND ACCOUNT 313230 ACCOUNT CODE #289401-840; 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.) 3.7 ACCEPT BID: VIYELLA COMPANY - for re -roofing Shenandoah Park Recreation Building for GSA Department. RESOLUTION NO. 89-763 A RESOLUTION ACCEPTING THE BID OF VIYELLA COMPANY FOR THE RE -ROOFING OF THE SHENANDOAH PARK RECREATION BUILDING FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $6,475.00; ALLOCATING FUNDS THEREFOR FROM 1988-89 CITY WIDE NEIGHBORHOOD PARK RENOVATIONS PROJECT NO., 331303 ACCOUNT CODE NO. 589301-880; AUTHORIZING THE 8? CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. Here fdllowo 'body of roto utibno emitted her* and on file in the Office of the City Clerk.) 3.8 ACCEPT BIDs MOTOROLA C. & S., INC. - for furnishing radio paging transmitter for GSA Department. RESOLUTION NO, 89-764 A RESOLUTION ACCEPTING THE BID OF MOTOROLA C. & E., INC. FOR THE FURNISHING OF ONE (1) RADIO PAGING TRANSMITTER FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $15,074.48; ALLOCATING FUNDS THEREFOR FROM 1988-89 OPERATING BUDGET ACCOUNT CODE #420601i-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.) 3.9 ACCEPT BID: PROTECT SERVICE, INC. - for the furnishing and installation of 30-zone annunciator panel and FIR infrared units at the Fire Department Administration Building. RESOLUTION NO. 89-765 A RESOLUTION ACCEPTING THE BID OF PROTECT SERVICE, INC. FOR FURNISHING AND INSTALLATION OF A 30-ZONE ANNUNCIATOR PANEL FOR FIR INFRARED UNITS AT THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES ADMINISTRATION BUILDING FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A PROPOSED COST OF $5,322.00; ALLOCATING FUNDS THEREFOR FROM THE 1988-89 OPERATING BUDGET ACCOUNT CODE $420401-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.10 ACCEPT RFP OF PALM PETERBILT GMC TRUCKS, INC. - for furnishing 3 recycling collection vehicles to Solid Waste Department. RESOLUTION NO. 89-766 A RESOLUTION ACCEPTING THE RFP OF PALM PETERBILT GMC TRUCKS, INC. FOR THE FURNISHING OF THREE (3) RECYCLING COLLECTION VEHICLES TO THE SOLID WASTE DEPARTMENT AT A TOTAL PROPOSED COST OF $275,904.00; ALLOCATING FUNDS THEREFOR FROM THE SOLID WASTE REDUCTION; RECYCLING AND EDUCATION SPECIAL GRANT A E 3 TAt4alk JAMOATTON PIPE & SUPPLY - for Purf►lehift T&f Spr tinier Ityataes Perte for Petite bepertthertt (Moore Perm Redeveiopmftt)4 RESOLUTION NO. 89-167 A RESOLUTION ACCEPTING THE BID OF TALQUIN IRRIGATION PIPS & SUPPLY FOR THE FURNISHING OF TORO SPRINKLER SYSTEMS PARTS FOR THE DEPARTMENT OF PARKS, RECREATION & PUBLIC FACILITIES AT A PROPOSED COST OF $15,765.05; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT NO. 331039 (MOORE PARK REDEVELOPMENT) ACCOUNT CODE $589301-708; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.12 ACCEPT BID: ACTION TARGET SYSTEM - for furnishing firing range renovation for Police Department. RESOLUTION NO. 89-768 A RESOLUTION ACCEPTING THE BID OF ACTION TARGET SYSTEM FOR THE FURNISHING OF FIRING RANGE RENOVATION FOR THE DEPARTMENT OF POLICE AT A PROPOSED COST OF $51,688.00; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT, NO. 312019, ACCOUNT CODE NO. 299401-860; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THE PURCHASE OF THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.13 AUTHORIZE PURCHASE OF ADDITIONAL MICROCOPUTERS/PERIPHERAL EQUIPMENT FROM UNISYS CORPORATION (under existing Dade County Bid Award Contract 1059- 7/88) for Finance Department. RESOLUTION NO. 89-769 A RESOLUTION AUTHORIZING THE PURCHASE OF ADDITIONAL MICROCOMPUTERS AND PERIPHERAL EQUIPMENT AT A FIRST YEAR COST OF $4,267.40 FROM UNISYS CORPORATION, UNDER AN EXISTING STATE OF FLORIDA BID AWARD CONTRACT NO. 150-040-89-1 FOR THE DEPARTMENT OF FINANCE FOR ENHANCEMENT OF THE ADMINISTRATIVE CAPACITY OF THE FINANCE DEPARTMENT AT A TOTAL PROPOSED COST OF $20,089.00; ALLOCATING FUNDS THEREFOR FROM THE FINANCE DEPARTMENT'S BUDGETED FUNDS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ^ 1P 4 AUTMf1RIZE PURCHASE OF ADDITIONAL MICROCOMPUTERS/PRRIPMERAL WtP rROM UNtS'YS CORPORATION (under axiating Dade County Sid Award Contract 109-7/90) for Law Department. RESOLUTION NO. 89-770 A RESOLUTION AUTHORIZING THE PURCHASE OF ADDITIONAL MICROCOMPUTERS AND PERIPHERAL EQUIPMENT FROM UNISYS CORPORATION, UNDER AN EXISTING STATE OF FLORIDA BID AWARD CONTRACT NO. 250-040-89-1 FOR THE DEPARTMENT OF LAW FOR ENHANCEMENT OF THE ADMINISTRATIVE CAPACITY OF THE LAW DEPARTMENT AT A TOTAL PROPOSED COST OF $13,111.95; ALLOCATING FUNDS THEREFOR FROM THE LAW DEPARTMENT'S BUDGETED FUNDS, INDEX CODE #230101-880; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.15 AUTHORIZE AMENDMENT TO COST SHARING CONTRACT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT - for retrofitting stormwater basins. RESOLUTION NO. 89-771 A RESOLUTION WITH ATTACHMENT, APPROVING AN AMENDMENT TO THE COST SHARING CONTRACT THAT EXISTS BETWEEN THE CITY OF MIAMI AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR RETROFITTING STORMWATER BASINS BY INCREASING THE SCOPE OF WORK AND EXTENDING THE TERM OF THE CONTRACT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT, IN SUBSTANTIALLY THE FORM ATTACHED, ON BEHALF OF THE CITY WITH FUNDS THEREFOR MADE AVAILABLE FOR THE CITY'S SHARE OF THE CONTRACT INCREASE FROM STORM SEWER GENERAL OBLIGATION BOND FUNDS AND/OR STORMWATER UTILITY TRUST FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.16 EXECUTE AGREEMENT WITH FLORIDA INTERAMERICAN FILM, VIDEO, T.V. & RECORDING ASSOCIATION, NC. - in support of "InterAmerican Co -Production Market and Conference '89". RESOLUTION NO. 89-772 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, BETWEEN THE CITY OF MIAMI AND THE FLORIDA INTERAMERICAN FILM, VIDEO, T.V. AND RECORDING ASSOCIATION, INC., IN THE AMOUNT OF $30,000 IN SUPPORT OF THE INTERAMERICAN CO- PRODUCTION MARKET AND CONFERENCE '89" TO BE HELD OCTOBER 12-14, 1989 IN THE CITY OF MIAMI; UTILIZING FUNDS APPROPRIATED IN THE DEPARTMENT OF DEVELOPMENT'S 1988-89 FISCAL YEAR BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) T S i EnC= AGREEMENT WITH O'LEARYt $ROXAW & ASSOCIATES, INC. y to tilmutt Fire Captaift and Chief Fire Officer asmoss%ent centers. RESOLUTION NO. 89-773 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, BETWEEN THE CITY OF MIAMI AND O'LEARY, BROKAW AND ASSOCIATES, INC. TO CONDUCT FIRE CAPTAIN AND CHIEF FIRE OFFICER ASSESSMENT CENTERS AT A COST NOT TO EXCEED THIRTY EIGHT THOUSAND THREE HUNDRED DOLLARS ($38,300) WITH FUNDS THEREFORE ALLOCATED FROM THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.18 ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF ORANGE BOWL STADIUM - by Cellar Door Concerts, Inc. - Execute agreement. RESOLUTION NO. 89-774 A RESOLUTION WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE ORANGE BOWL STADIUM BY CELLAR DOOR CONCERTS, INC. FOR THE PRESENTATION OF UP TO TWO (2) CONCERTS AT SAID STADIUM IN NOVEMBER, 1989; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND CELLAR DOOR CONCERTS, INC. FOR SAID EVENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.19 ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF ORANGE BOWL STADIUM - by Miami Senior High School and Dade County High Schools located within City - for high school football games during 1989 fall football season - Execute agreement. RESOLUTION NO. 89-775 A RESOLUTION WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE ORANGE BOWL STADIUM BY MIAMI SENIOR HIGH SCHOOL, AND OTHER DADE COUNTY HIGH SCHOOLS LOCATED WITHIN THE CITY OF MIAMI, FOR SAID SCHOOLS' PRESENTATION OF A LIMITED NUMBER OF HIGH SCHOOL FOOTBALL GAMES DURING THEIR 1989 FALL FOOTBALL SEASON; ALLOCATING AN AMOUNT NOT TO EXCEED $5,000 FROM FUNDS TO BE APPROPRIATED TO FY'90 SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER THE TICKET SURCHARGE FOR SAID GAMES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM WITH ADDITIONAL PROVISIONS FOR THE GRANT ALLOCATION AS SPECIFIED ABOVE, BETWEEN THE CITY OF MIAMI AND THE DADE COUNTY SCHOOL BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3. AL GATE $21 t 355 Of 15TH YRAR ODBG FUNDS Td: (1) Miami Jtwiah Home and Ifoepital for the ASet1 - tar senior adult day care center at LaBien Park, and (2) operation of Coconut Grove family Health Center, Ind. _ for primary health care program - Execute agreements. 3. RESOLUTION NO. 89-776 A RESOLUTION WITH ATTACHMENTS, ALLOCATING $21,353 OF THE 1STH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, TO OPERATE A SENIOR ADULT DAY CARE CENTER AT LEGION PARK AND $55,892 OF 15TH YEAR COMMUNITY - DEVELOPMENT BLOCK GRANT FUNDS TO THE COCONUT GROVE j FAMILY HEALTH CENTER, INC. TO PROVIDE A PRIMARY HEALTH CARE PROGRAM TO RESIDENTS OF THE COCONUT GROVE AREA OF THE CITY OF MIAMI, SAID FUNDS HAVING BEEN PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10594, ADOPTED JUNE 7, 1989; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH SAID AGENCIES FOR SAID PURPOSE, IN SUBSTANTIALLY THE ATTACHED FORM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.21 ACCEPT FEDERAL HISTORIC PRESERVATION GRANT-IN-AID ($4.500) - Execute agreement with Florida Department of State, Division of Historical Resources. RESOLUTION NO. 89-777 A RESOLUTION ACCEPTING A FEDERAL HISTORIC PRESERVATION GRANT-IN-AID IN THE AMOUNT OF $4,500 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, FOR THE CITY TO PROVIDE HISTORIC PRESERVATION SERVICES IN CONNECTION WITH GRANT-IN-AID. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.22 APPROVE CITY'S 1989-90 COMPREHENSIVE HOMELESS ASSISTANCE PLAN (CHAP) Authorize Manager to submit Plan to U.S. Department of Housing and Urban Development (USHUD). RESOLUTION NO. 89-778 3.23 EXECUTE AGREEMENT WITH WILLIAM SAWYER FOR PURCHASE AND SAL$ OF PROPERTY LOCATRD AT 801 N.W. 2ND AVENUE ($120,450). RESOLUTION 90. 89-779 A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF PURCHASE AND SALE, IN SUBSTANTIALLY THE FORM ATTACHED, FOR PRICES AS STATED HEREIN BETWEEN THE CITY OF MIAMI ("PURCHASER") AND WILLIAM SAWYER ("SELLER") FOR THE PURCHASE AND SALE OF THE PROPERTY (MORE PARTICULARLY DESCRIBED HEREIN), FOR THE TOTAL PURCHASE PRICE OF $120,450; FUNDS FOR THE ACQUISITION OF SAID PROPERTY TO BE APPROPRIATED IN CAPITAL PROJECT NO. 322020 ENTITLED SOUTHEAST OVERTOWN/PARK WEST PHASE I, FROM FUNDS RECEIVED IN THE AMOUNT OF $719,741 FROM THE URBAN MASS TRANSIT ADMINISTRATION FOR THE PURPOSE OF DEVELOPMENT OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT; FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE WHATEVER STEPS ARE NECESSARY TO CLOSE THE TRANSACTIONS WITH THE SELLER AS EARLY AS PRACTICABLE; SAID AUTHORIZATION BEING CONDITIONED ON THE APPROPRIATION OF THE NECESSARY FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.24 AUTHORIZE CITY ATTORNEY TO EMPLOY FLOYD, PEARSON, RICHMAN, GREER, WELL, ZACK & BRUMBAUGH - as special counsel concerning closing of real estate transaction involving exchange of Brickell Park property for the Brickell Point property. RESOLUTION NO. 89-780 A RESOLUTION AUTHORIZING THE CITY ATTORNEY'S EMPLOYMENT OF THE LAW FIRM OF FLOYD, PEARSON, RICHMAN, GREER, WEIL, ZACK AND BRUMBAUGH TO SERVE AS SPECIAL COUNSEL TO ASSIST THROUGH THE CLOSING OF THE REAL ESTATE TRANSACTION INVOLVING THE EXCHANGE OF _ THE BRICKELL PARK PROPERTY FOR THE BRICKELL POINT PROPERTY, SAID FIRM TO RECEIVE TOTAL COMPENSATION NOT TO EXCEED $10,000.00 UNLESS FURTHER AUTHORIZED BY THE CITY COMMISSION, SAID FUNDING TO BE PROVIDED FROM PROCEEDS OF THE SETTLEMENT REACHED IN LITIGATION INVOLVING SAID PROPERTIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.25 GRANT UNITED WAY AND SOUTHERN BELL REQUEST FOR STREET CLOSURES - for Little Havana United Way Kickoff (domino) Event at Domino Park. RESOLUTION NO. 89-781 A RESOLUTION CONCERNING THE LITTLE HAVANA UNITED WAY KICKOFF EVENT, A DOMINO TOURNAMENT TO BE CONDUCTED BY THE UNITED WAY IN CONJUNCTION WITH SOUTHERN BELL AT DOMINO PARK ON SEPTEMBER 15, 1989, AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC, 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.) 12 September 14, 1989 S. 18 GRANT REQ M8T BY COCONUT GROVE BICYCLE CLUB, INC. FOR STREET CLONA19 for 18th Annual Greet Cbebhut Grove Bicycle Race. RESOLUTION NO. 89-782 A RESOLUTION CONCERNING THE 18TH ANNUAL GREAT COCONUT GROVE BICYCLE RACE TO BE CONDUCTED BY THE COCONUT GROVE BICYCLE CLUB, INC. ON OCTOBER 1, 1989, PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; CONDITIONED UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.27 GRANT REQUEST FOR STREET CLOSURES - for 1989 Orange Blossom Classic Parade - Establish area prohibited to retail peddlers. RESOLUTION NO. 89-783 A RESOLUTION CONCERNING THE 1989 ORANGE BLOSSOM CLASSIC PARADE TO BE HELD OCTOBER 28, 1989, PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT, BEYOND THE FUNDING PROVIDED BY FESTIVAL ORDINANCE NO. 10206. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.28 GRANT REQUEST FOR STREET CLOSURES - for Paella 189 - Establish pedestrian mall - Authorize beer and wine permit - Establish area prohibited to retail peddlers. RESOLUTION NO. 89-784 A RESOLUTION CONCERNING PAELLA '89 TO BE CONDUCTED BY MIAMI DADE COMMUNITY COLLEGE ON OCTOBER 14-15, 1989, PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC, ESTABLISHING PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING A TWO-DAY PERMIT TO SELL BEER AND WINE IN CONNECTION WITH SAID EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY _ LAW; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; CONDITIONED UPON ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1 Oeptomber.14, 1989 3.10 GRANT ""18T FOR FRIENDS OF GERMANY, INC. FOR STREET CLOSURES - for Fourth Atrival Okt6beffeat - Authorike beer and wine pertaits. RESOLUTION 90. 09485 A RESOLUTION CONCERNING THE FOURTH ANNUAL OKTOBERFEST TO BE CONDUCTED BY FRIENDS OF GERMANY, INC., DURING SEPTEMBER 29 THROUGH OCTOBER 8, 1989; PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING TWO (2) THREE-DAY PERMITS TO SELL BEER AND WINE ON CONNECTION WITH SAID EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3.30 AUTHORIZE USE OF STREETS - for Av-Med Coconut Grove 5 Miler. RESOLUTION NO. 89-786 = A RESOLUTION CONCERNING THE AV-MED COCONUT GROVE 5 MILER TO BE CONDUCTED BY MIAMI RUNNERS, INC. ON OCTOBER 7, 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.) 3.31 ACCEPT PLAT: MATILDA GROVE. RESOLUTION NO. 89-787 A RESOLUTION ACCEPTING THE PLAT ENTITLED "MATILDA GROVE", A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT 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.) 3.32 ESTABLISH POLICY GOVERNING DONATION OF WEAPONS PREVIOUSLY ISSUED FOR INDIVIDUAL USE BY SWORN PERSONNEL OF MIAMI POLICE DEPARTMENT (See label 17). RESOLUTION NO. 89-788 (THIS RESOLUTION WAS LATER RECONSIDERED BY M-89-797 AND THEN REPASSED AS R-89-798 14 September 14, 19$9 3,33 AMEND RESOLUTION 89-645 - which appropriated $250,000 from 1989-90 CDBG/Street Improvement Fund Redirect funds to be appropriated from sale of land to Miami -Dade Community College for the Planned Process Economic Development Proposal - Execute agreement with Black Economic Development Coalition - Implement comprehensive economic development program in the black community (See label 5). RESOLUTION NO. 89-789 A RESOLUTION WITH ATTACHMENT, AMENDING SECTION 3 OF RESOLUTION NO. 89-645, ADOPTED JULY 13, 1989, WHICH DIRECTED THE ALLOCATION OF $250,000 FOR FUNDING THE PLANNED PROCESS PROPOSAL FROM THE 1989-1990 COMMUNITY DEVELOPMENT BLOCK GRANT/STREET IMPROVEMENT FUND, BY REDIRECTING SAID FUNDS TO BE APPROPRIATED FROM THE SALE OF LAND TO MIAMI-DADE COMMUNITY COLLEGE FOR THE PLANNED PROCESS ECONOMIC DEVELOPMENT PROPOSAL; FURTHER AMENDING SECTION 2A OF RESOLUTION NO. 89-464, ADOPTED MAY 11, 1989, TO REFLECT THE RESTORATION OF SAID $250,000 FOR THE LATIN QUARTER LAND ACQUISITION COST, SAID RESTORATION CONSISTING OF 1989-1990 COMMUNITY DEVELOPMENT BLOCK GRANT -STREET IMPROVEMENT FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE (1) YEAR AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE BLACK ECONOMIC DEVELOPMENT COALITION FOR THE PURPOSE OF IMPLEMENTING A COMPREHENSIVE ECONOMIC DEVELOPMENT PROGRAM IN THE BLACK COMMUNITY THROUGH THE ACCOMPLISHMENT OF THE OBJECTIVE OF THE PLANNED PROCESS ECONOMIC DEVELOPMENT PROPOSAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4. ACCEPT BID: BERGER SECURITY - for furnishing armed and unarmed security guard service for Parks Department. Mayor Suarez: Mr. Vice Mayor, clarification on 13. Mr. De Yurre: Yes, Mr. Mayor, for me to vote on this, my understanding was that this is going to be on a one way year basis and now it says that it is renewable annually. For me to vote on this, I would ask that it to come back before the Commission for us to approve it again for a second year. Mayor Suarez: Will the renewal provision be such that we have to be advised in advance and we have full and absolute ability to renegotiate as we deem proper without any obligation whatsoever as to notice or as to terms? Mr. Ron Williams: That is an appropriate amendment, Mr. Mayor. Mayor Suarez: I'm sorry? Mr. Williams: That's an appropriate amendment, yes. Mayor Suarez: OK, because it is stated that way and then we are back to the same thing that the Vice Mayor would like, which is basically, you know, you can always renew a contract, as long as we get notice and we don't have to give notice, of it. We have no obligations... Mr. Dawkins: Mr. Mayor, let me say one thing, please. You see, this is what I constantly complain about. See, the only contract that comes up here that says renewable at the rate is the lady who cleans the police station. But every other bid that ever comes up here and says subject to renewal, but it does not say at the same rate and at the same price. See, but when I say that, nobody hears me, and I am only putting it in the record, Mr. Mayor, I just want it inserted in the record that every time anything comes up and it says we will renew, it does not say at the same rate in no other contract but the one for the lady at the jail. 15 September 14, 1909 Mayor Suarea: Now, you are hearing one Commissioner being concerned about the fact that the contracting party with the City in the cases that he mentioned seemed to have obligations beyond the renewal, the initial term, and the Vice Mayor saying that he would like the whole thing considered, so why don't you forget some of these renewal options, unless there is a real good reason to build them in, such as, we want to fix the price for many, many years, or whatever, in which case you ought to explain it to us in advance and make sure... Mr. Odio: That's what we are doing here. This price would be extended, it would be the same price for the second year. Mayor Suarez: At our option we could extend it for how long? Mr. Williams: For an additional year at the same price for the year. Mr. Odio: You are guaranteeing the same price for two years. Mr. Plummer: But there is no guarantee that we will renew. Mayor Suarez: One year at the same price, when you've got hell of a lot of competition Is this for security? There is an incredible about of competition out there for security services, I wouldn't worry too much about it. Mr. De Yurre: I just wanted to come back if they are going to be extended to another year, that it comes back to us before it does. Mayor Suarez: Yes, and in any event, the Commission I think would want it come back, so make sure that it is reflected. Mr. Plummer: Let me ask a question. Does this include the security at Bayside? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Why not? Mr. Odio: Bayside pays for their security. Mr. Plummer: No, the... �! Mr. Odio: The Rouse Company pays for their own security. Mr. Plummer: No, the policemen that we have their presently. Mr. Odio: Well, they are policemen. Mr. Plummer: But is the contract call for that we must have a uniformed policeman there? Mr. Odio: I'm working on that. Mr. Plummer: But we have what, 27 policemen tied up in that detail? Mr. Odio: No, sir. Mr. Plummer: How many, 29? Mayor Suarez: I think we are down to about 18. Mr. Odio: We are down to 15. Mr. Plummer: But I mean, the question I'm asking is, at $5.75 an hour, do we have to have that detail with the uniformed sworn officers? Mr. Odio: My answer is that I instructed the Police Chief one month ago to work up another plan on what we call, and I am not ready to discuss it but it is called a park rangers concept where we will replace these officers with some kind of civilian. 16 y ,7 Mr. Ylufteari OK, I moot, you know that's 18 policemen could be out there fighting the war. Mr. Odi6: Commissioner, we are 'working on it. Mayor Suarez: You know who has those that are fairly effective is Miami Beach. They are not public service aides, they are like rangers. Mr. Odio: When I to the city they have these park rangers which are something similar to a security company. Mayor Suarez: OK. Mr. Dawkins: OK, we are being unfair to the Manager, though. That agreement where the policemen are at Bayside is there because this Commission approved it. Mayor Suarez: That's right. Mr. Dawkins: So now, the City Manager did not approve that and the City Manager did not put those policemen there, this Commission did, so if there is to be a change, this Commission should bring about a change and not the Manager. Mayor Suarez: OK, on item 13 then, Mr. Vice Mayor, with the clarification, are you satisfied? In which case, do you want to entertain a vote on that? Mr. De Yurre: I'll move it. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-790 A RESOLUTION ACCEPTING THE BID OF BERGER SECURITY FOR THE FURNISHING OF ARMED AND UNARMED SECURITY GUARD SERVICE ON A CONTRACT BASIS FOR ONE (1) YEAR, _ RENEWABLE ANNUALLY FOR THE DEPARTMENT OF PARKS; RECREATION AND PUBLIC FACILITIES; AT A TOTAL PROPOSED FIRST YEAR COST OF APPROXIMATELY $190,000.00 AND ALLOCATING FUNDS THEREFOR FROM ENTERPRISE FUND OPERATING BUDGETS OF THE MARINAS ACCOUNT CODE NOS. 580405-340 ($71,000.00) 580404-340 ($34,000.00) AND GENERAL FUND ACCOUNT CODE NOS. 580301-340 ($25,000.00) AND 580303-340 ($60,000.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE; AND PROVIDING FOR RENEWAL OF SAID CONTRACT, SUBJECT TO COMMISSION APPROVAL AND THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, 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. 17 September 14, 19.09 Mrs. Range: Mr. Mayor. Mayor Suarez: Madam Range. Mrs. Range: I'm sorry I didn't look at this before, but I wanted to ask the question on CA-40. Mayor Suarez: OK, we may have to move for reconsideration unless your problem can be resolved. Go ahead. Mr. Plummer: Not just for discussion. Mrs. Range: Well, you'd have to move to take it off just to discuss this? Mayor Suarez: No, no. Mrs. Range: The only question I wanted to find out was, why was the fund first directed from the Community Block Grant, then from the... Mr. Odio: OK, Mrs. Range... Mrs. Range: Yes. Mr. Odio: Let me explain. There are... Mrs. Range: I'd like an explanation on that. Mr. Odio: It has been an issue with Mr. Reeves and John Hall that they did not want under any circumstances, Community Development monies. Mrs. Range: I see. Mr. Odio: So, the way the resolution was passed was that it would come out of Community Development so we what we have done is saying that in fact it is not now coming out of Community... Mr. Plummer: Where is it coming from? Mr. Odio: We are switching, it's the same money, but different... you know, we are taking monies from the Latin Quarter that were allocated from the sale of this property, use that and then switch. The reason that they didn't want... that's why it was done that way. Mrs. Range: All right, I just wanted an explanation on it, thank you. 6. ALLOCATE $80,000 OF 1989 EMERGENCY SHELTER GRANT FUNDS TO METROPOLITAN DADE COUNTY - for operation of Beckham Hall Residential Shelter for the homeless - Authorize negotiation of agreement. (See label 3) Mayor Suarez: Commissioner Plummer on 23. Mr. Plummer: Mr. Manager, on 23, where is the $80,000 coming from? Mr. Odio: The Federal government, McKinley Act. Mr. Plummer: The Federal government. Mr. Castaneda: Mc.Kinley Act homeless shelter money. Mr. Plummer: I move item 23. 18 WEE Mayor Suarez: So moved on 23. lAt the reoord reflect... Mir. Dawkinsi OK, under dieeussion. Mayor Suaraz: Commissioner Dawkins. Mr. Dawkine: Uhat happens to the other $80,0007 Mr. Odio: The other monies that come in, Commissioner, were used to pay staff of ours for our... Mr. Dawkins: OK, thank you. Mayor Suarez: OK, does the record reflect if i remember correctly, the title of the act is the McKinney Act, not McKinley Act. Mr. Odlo: McKinney Act. Mrs. Range: And there will be no reduction in service on this on item 23 through the County? Mr. Odio: No, Ma'am. Mrs. Range: None whatsoever, all right. Mayor Suarez: Do we have a motion and a second? Mr. Plummer: I moved it. Me. Hirai: Need a second Mr. Mayor. Mayor Suarez: Call the roll then, CA-23. Ms. Hirai: I need a second on the motion. Mayor Suarez: Oh, Commissioner Range seconded it. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-791 A RESOLUTION ALLOCATING $80,000 OF 1989 EMERGENCY SHELTER GRANT FUNDS TO METROPOLITAN DADE COUNTY FOR THE OPERATION OF THE BECKHAM HALL RESIDENTIAL SHELTER FOR THE HOMELESS AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN THE SAME AMOUNT 0, w ------------------------------------------------------------------ 7. (A) DISCUSS AND DEFER CONSIDERATION OF PROPOSED AGREEMENT WITH METROPOLITAN DADE COUNTY ENGAGING THE CITY TO PROVIDE FIRE, RESCUE AND INSPECTION SERVICES TO PORT OF MIAMI - Direct Fire Chief to negotiate minimum required annual fee wit the County - Designate Commissioners Plummer and Dawkins to participate in negotiations. (B) AUTHORIZE FIRE/RESCUE SERVICES TO PORT OF MIAMI FOR 60 DAYS OR UNTIL AGREEMENT IS NEGOTIATED WITH METRO DADE COUNTY. Mayor Suarez: Commissioner Plummer on 28. Mr. Plummer: Mr. Mayor, my objection here is on item 28, the most that the City of Miami is getting for providing $1,000,000 worth of coverage in my - estimation at the port is $300,000. I think we are letting the County off too cheap for the responsibility that we are having to assume. Mayor Suarez: Isn't it because it is sovereign immunity? - because it is a governmental agency? - Mr. Plummer: No sir, no, no, it is not that, I am not talking about liability. I'm talking about if the County had to maintain a fire station themselves over on the port it would cost them $1,000,000. We're letting them off the hook for contract for $300,000 with all the backup... Mayor Suarez: Oh, oh, I see, that's what we are getting? Mr. Plummer: ... of the City of Miami. I just think that we are entitled to more money for what we are providing and I don't think that $300,000 is adequate. I know there is a provision that if in fact it goes beyond the normal call of duty that we can send them a bill for additional amounts, but we are in fact draining from our own resources to provide a County responsibility for a price a third of what it would cost the County to do it themselves. Personally I think that we should have no less than whatever the actual cost is that the County would incur if they had to provide their own. I think we are letting them off too cheap. They never let us off cheap on any contract or any dealing they've ever had with us. That's my objection. Mr. Dawkins: And the only reason I have to side with Commissioner Plummer is... Mr. Plummer: Because I'm right. Mr. Dawkins: ... that we sit here and argue about the dump fee and the County does not give us any break on the dump fee, they pass it right on to us. Mr. Plummer: Don't even give us a chance to argue. Mr. Dawkins: They pass it on to us, so now, why should we subsidize their Fire Department when they will not subsidize my garbage collection? Mr. Plummer: I agree. Mayor Suarez: How is the calculations done on what we charge them? Mr. Plummer: On a monthly basis. Mayor Suarez: On a per services rendered basis? Go ahead, Chief. Chief Huddleston: Yes, Chief Huddleston, Miami Fire Department. Mr. Mayor, the calculations were based on our hourly rate of firefighters' cost of apparatus to come up with a factor and we billed them for per month, plus if we have anything that we construe as a code one, which is a... Mayor Suarez: That we construe as... Chief Huddleston: A code one fire, which is a larger type of fire, a larger incident requiring more of our resources other than just the initial assignment. Then we have a provision in this contract where we can break that out X number of dollars per various type of trucks, depending on the staffing of each of those vehicles. 20 September 14, 1989 FIX Mayor Suarez: I guess the... Mr. Plummer: What happens... Chief: So if we have a major incident, we do have an escalator where we can charge additional funds. Mayor Suarez: I guess the problem is that there is many, many indirect expenses related to running a fire department that could or could not be attributed to a particular service and which would inflate this amount to a much higher amount, probably if we figure out a way to assign to this particular contract every possible administrative cost related to it, one could even say that the use of this facility for this particular purpose right now is related to this contract. I guess that's what Commissioner Plummer is getting at. I don't know how to fix that price. Mr. Dawkins: The only way to fix it is to say that the Fire Department that we maintained to meet that emergency is maintained year round. It is not something that you call into place only when they have that emergency, so therefore because it is in place year round, it has to be paid for, that's all. Mr. Plummer: Chief, let me ask this question, which I didn't ask of you. If one of our firefighters were to get hurt seriously in fighting a fire on the port, who assumes the responsibility for that firefighter? Chief Huddleston: We do. Mr. Plummer: You see? You know what that can be? That can be over the $300,000 in one major incident. Mr. Dawkins: And also Mr. Mayor, I've asked the Manager to prepare for me, which I will give you a copy of, the hazards of an oil spill or a chemical spill. See, nobody tells the public of the hazardous materials that's coming into that port every day as trash shipments and if God forbid, if one of those tankers or anything spring a leak, you know, where is the contingency fund or the contingency plan to fight it? Chief Duke: I guess, Mr. Mayor and Commissioners, if I may say one other thing. I guess one of the things that we look at when we are in the negotiations phase is that regardless of whether who provides the service there, the City of Miami residents, because of the prevailing southeast breeze, pay the price. We are in danger, our citizens, so we as the Fire Department want to take a more active role in mitigating that by entering into this agreement, we are in favor of doing that and I am not, I am not... Mr. Odio: What he is saying is if there is a fire in the port whether we have an agreement or not, we have to go and put out the fire. Mr. Dawkins: Not necessarily. Let the port burn down, just don't let it come across the river. Chief Huddleston: Unfortunately those toxic fumes come into our City. Mr. Odio: Commissioner Dawkins is joking. Mr. Dawkins: If they don't want to pay, that's all, come on, give me a break. Mr. Plummer: Mr. Mayor, I would like to defer this item and send it back to the Chief to go negotiate at least a minimum of $500,000 and any major casualties of any of our fireman, that the County is got to pick up. I don't think it is fair to ask the citizens of Miami to pay for a County responsibility. I just... Mr. Dawkins: I second. Mr. Plummer: I think, you know, you are talking about and I am using round numbers, that if they had to establish a fire station on the port, of building and equipment and manpower, you are talking about... Chief, am I out of the ballpark? - no less than $1,000,000 a year. 21 September 14, 1989 Chief Huddleston: I would guess, Commissioner, that it would be a $2,000,000 Station plus $500,000 truck as a start-up cost, but on a yearly basis I would guess that it would be about a $200,000 cost. g; Mr. Plummer: OK, they are getting a hell of bargain, so I just think that we'll share that bargain with them. Mr. Odio: May I offer something, because we are going to lose money here. Mr. Plummer: No, no... Mr. Odio: Yes, we are. While we are negotiating you deal, we are losing this revenue, so... Mr. Plummer: No, no, they can... what they are paying, let them pay the revenue. Mr. Odio: So what I would like to do is that we can collect these funds and try to negotiate something better. Mr. Plummer: Mr. Manager, deal from a position of strength. They don't give you that opportunity when they impose a new garbage dump fee. Mr. Odio: No, they don't, but... OK. Chief Huddleston:: This contract is null and void the 15th of October, that's why we are pretty much... Mr. Plummer: They better hurry. Mayor Suarez: It sounds like you have about a month. I would go as the two Commissioners as we are pulling an item that is part of the Consent Agenda, who have strong concerns about this to be part of a committee that will help negotiate this and so that we have input from you, Commissioners Plummer and Dawkins before we take up the matter again and you know... Mr. Plummer: Be my pleasure, sir. Mayor Suarez: ... be as tough as you want, but we have to be in a position to vote one way or the other whenever this gets rescheduled, which I guess has to be before the 15th of October. Chief Colonel Duke: Chief Duke, Fire Chief of the City of Miami.Can I say one more thing in behalf of this particular issue? If we could include in the statement or the dialogue that's going on this morning, some kind of continued, until such time as we can negotiate the contract, continue with the Same program that we have because if we lose... Mayor Suarez: Absolutely. We wouldn't want to lose any of the income that we have as long as it doesn't put us, OK, in a position of putting them in a reliance situation on the terms. We have no problem continuing until such time as we have a new agreement and I don't think there is anything... Mr. Dawkins: Mr. City Attorney... Mr. Fernandez: Yes, sir. Mr. Dawkins: Word this legally for me. We will continue to provide the services we have provided at the cost that we have provided until an agreement is reached. If an agreement is not reached that is satisfiable to this Commission, then the County must built its own fire station within a year and take over that responsibility. Mr. Plummer: Well, I'll accept that if you put in that they must negotiate within 60 days. Mr. Dawkins: OK, good. Mr. Plummer: Not an open end. Mr. Dawkins: I don't care if it is 30 days, J.L. 22 49ptemFbgr lk, 1969 Mr. Plummer: Hive them the leeway of 60. Mr. Dawkins: OK, all right. Mrs. Mange: Has it been ascertained at any point, what the actual cost of operating the fire station over there is costing daily? — Chief Duke: I'm sorry, Commissioner? Mrs. Range: Is that not? Has it been ascertained at any point, the actual cost of maintaining the services over there? Chief Duke: The way that it's being done right now is as an alarm comes in from the port, we dispatch one of our units from the closest fire station over there. Mrs. Range: But that is not the actual cost is it? You have to... Chief Duke: No, Ma'am. Mrs. Range: No. That's a service that we provide now anyway and we are just contracting to the County for that. Mayor Suarez: Yes, for example, we are not charging for standby provision of services in case something happens. We are only charging for the actual service. Mr. Plummer: That also includes rescue. Chief Duke: Rescue and in my opinion the inspection process that we... this is very critical over there because of the amount of products that come through that port over there and that's probably a larger concern to us than the actual contract with the County for providing fire service over there. Mayor Suarez: OK, Commissioners, we are going to then, if I reflect correctly the consensus of the Commission, continue with the present terms and try to negotiate before, hopefully before October 15th, which is when the former agreement ends, certainly within 60 days, a new agreement and if that doesn't happen, obviously the County is going to have to provide its own services, it is going to cot them a lot more money, so let's hope that we can an get it resolved by then and Commissioners Dawkins... Mr. Fernandez: And also part of... Mayor Suarez: Yes, Mr. City Attorney. Mr. Fernandez: Part of that is Commissioner Plummer and Commissioner Dawkins will participate in those negotiations. The iblloting (notion And resolution were introduced by Comissioner Pllimbri Who tboved their adoptions MOTION NO. 89-792 i - A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM CA-28 (PROPOSED AGREEMENT WHEREBY THIS CITY FIRE DEPARTMENT WOULD SERVE PORT OF MIAMI FOR DADE COUNTY); FURTHER INSTRUCTING THE CITY MANAGER TO RENEGOTIATE WITHIN SIXTY DAYS A MINIMUM FEE ACCEPTABLE TO THE CITY OF MIAMI OF $500,000 FOR SAID SERVICES; FURTHER DESIGNATING COMMISSIONERS J.L. PLUMMER AND MILLER J. DAWKINS TO PARTICIPATE IN THE AFOREMENTIONED — NEGOTIATIONS; AND FURTHER STIPULATING THAT DURING SAID PERIOD THE CITY SHALL CONTINUE TO PROVIDE FIRE RESCUE _ AND INSPECTION SERVICES TO THE PORT OF MIAMI. RESOLUTION NO. 89-792.1 A RESOLUTION AUTHORIZING THE CONTINUED PROVISION OF FIRE, RESCUE AND INSPECTION SERVICES BY THE CITY TO METROPOLITAN DADE COUNTY IN CONNECTION WITH THE PORT OF MIAMI UNDER THE SAME TERMS AND CONDITIONS AS SET - FORTH IN THE EXISTING AGREEMENT WITH SAID GOVERNMENTAL - ENTITY; SAID AUTHORIZATION TO BE EFFECTIVE FOR SIXTY (60) DAYS FROM THE DATE HEREOF UNLESS A NEW AGREEMENT IS NEGOTIATED. i j Upon being seconded by Commissioner Dawkins, the motion and resolutions -_ were passed and adopted by the following vote: AYESs Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez _i NOES: None. n ABSENT: None. 8. DESIGNATE $300,000 FROM GAS FRANCHISE FEES - in lieu of Miami Arena annual rent payments - as permanent revenue source for Southeast Overtown/Park West Trust Fund for issuing tax increment revenue bonds to undertake new projects in Southeast Overtown/Park West Area. Mayor Suarez: Item 30, who had asked for clarification on that? Mr. Dawkins: I did. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I spoke with the budget manager and we are in total agreement. I move it. Mayor Suarez: So moved. Mr. De Yurre; Second. Mayor Suarez; Seconded. Any discussion? 24 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 89-793 A RESOLUTION DESIGNATING $300,000 FROM THE GAS FRANCHISE FEES IN LIEU OF THE MIAMI ARENA ANNUAL RENT PAYMENTS AS A PERMANENT REVENUE SOURCE FOR THE SOUTHEAST OVERTOWN/PARK WEST TRUST FUND FOR THE PURPOSE OF ISSUING TAX INCREMENT REVENUE BONDS TO UNDERTAKE NEW PROJECTS IN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA. (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. j Commissioner M. Athalie Range ' Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENTS None. 9. EXPRESS POLICY OF CITY COMMISSION TO EMPHASIZE SAFETY - OPTIMIZE TOTAL COST ASSOCIATED WITH ACQUISITION/OPERATION/DISPOSAL OF FLEET OF MOTOR VEHICLES AND EQUIPMENT - Define and enforce cost-effective fleet replacement standards. Mayor Suarez: Item 39 I believe was Dick Kenne. Mr. Dick Kenne: For the record, my name is Dick Kenne, I am president of the Fraternal Order of Police, Miami Lodge 20. On item 39, as most of you know, Ron Williams and myself have been negotiating and we've gotten most of it down. The procedures and policies for replacements, we have problem with. What I have a problem with is in the new language in regards to the guidelines at the discretion of the director, I thought that the Police Department ought ht Ron Williams and I had i to have some input on that in that language. I thou Pg agreed that we could rewrite that section so the Police Department had some input in there. Mr. Odio: I have no problem with that. Mr. Kenne: We also had some... Mr.'Odio: I mean that we should have input from the Police Chief on... right. Mr. Kenne: The way it is worded right now, the director of GSA has sole discretion. I've a little problem with that. Mr. Odio: No, I agree that the Police Chief should have some input on that. Mr. Kenne: We also have some definition problems, but I think we can work that out in regards to what police present vehicle is and what a police decoy vehicle is. We are not sure what those are and I am not sure that GSA knows what they are either and I think we can work that out, but my biggest concern is there's been nothing in this resolution to indicate that the quality and the maintenance program is going to be improved, kept or what. What we are afraid of is that if we don't have a qualified good maintenance program, these vehicles are going to end up back like they were when David Herring died and I don't see anything in writing and I can't get any assurance in writing that that's going to be kept, that the maintenance and quality programs are going to be kept up. 25 September 14, 1989 Mir. Odlo: We are not only going to keep that up, we are going to improve on it. You know very well that it has improved 100 percent and we intend to maintain that. It has nothing to do with replacement, that's why it is not in that document. Mr. Keane: Well, you are going to extend the length of the cars, which I don't have a problem with if you got a good maintenance program, but if you don't, then I've got a problem with extending the length of the cars. Mr. Odio: We have a good maintenance program. When I asked you that at any time you could monitor it, and if you have any problem with what's going on, you let me know. Mr. Kenne: Is this written so that we can change it then? Mr. Odio: It's not part of this resolution. It has nothing to do with replacements. Mr. Kenne: If the vehicles get in bad shape, it does, Mr. Manager. Mr. Odio: It does, and at that point I had told you that you are welcome to monitor and inform us whether you don't feel that the maintenance program is working or not. Mr. Kenne: I hope that's true, because in the past it has not been. Mr. Odio: Well, I am telling you you have to rely that the work that we are doing there now is excellent. Mr. Plummer: Well, let me tell you for the record, I feel relatively certain that Mr. Kenne, if things are not going the way they are, will be back here to make this Commission well aware, OK? Mayor Suarez: Do we need to vote on 39 with that understanding? Mr. Dawkins: One other thing I need. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: It was pulled. I see here you got cranes, rebuild a crane every five years. When do you stop rebuilding it and buy a new one? Mr. Williams: We would replace those cranes Commissioner, when it became economically infeasible to continue repair. Mr. Dawkins: OK, but see, economically, OK... Mr. Williams: Let me finish, Commissioner. Mr. Dawkins: No, no, see, coming back to what his question is, see, I go out here and I see the cranes. I see oil dripping off of them, rebuilt. I see oil down there where the people step up and slip and going to break their neck or their back, so you know, as he said, who determines when it is unsafe and when it is quote, unquote, economically feasible to rebuild it? Mr. Williams: Yes, let me explain it to you fully Commissioner, if I may. As you will notice, we do have five year rebuild criteria in the policy. We also have an eight year replacement policy on the cabin chassis. What we have in terms of a safety program is a full-fledged reporting mechanism wherein if there is a particular problem with a piece of equipment, I believe it is called a defective equipment report, that information is brought forth through the process to the department and those pieces of equipment that are found in that situation are either ground, not allowed on the street, OK, or repaired and I think that is what the... I think having full-fledged policy will increase that level of communication between the two departments. Mr. Dawkins: Yes, and also report back to me, Mr. Williams, how you determine ' for the AFSCME workers that a utility truck is still safe and serviceable after ten years, because his life is just as valuable as anybody else's see, so show me in writing how you arrived at the lifespan of a utility truck for those individuals at ten years and everything else we phase it out in less, Just show it to me in writing. 26 September 14, 1989 i Mg. Villiame: Pine we will provide you that. Mr. Dawkins: Explain it to me in writing. Mr. Plummer: Move item 39. Mr. Dawkins: Second. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-794 A RESOLUTION EXPRESSING THE INTENT AND POLICY OF THE COMMISSION OF THE CITY OF MIAMI, FLORIDA TO EMPHASIZE SAFETY AND OPTIMIZE THE TOTAL COST ASSOCIATED WITH THE CITY'S ACQUISITION, OPERATION, ND DISPOSAL OF ITS FLEET OF MOTOR VEHICLES AND EQUIPMENT BY CLEARLY DEFINING AND ENFORCING COST-EFFECTIVE FLEET REPLACEMENT STANDARDS THAT WILL PRESERVE THE PUBLIC IMAGE OF THE CITY'S FLEET AND PROVIDE CITY EMPLOYEES WITH VEHICLES AND EQUIPMENT FOR THEIR OPERATION IN SAFETY FOR THE PROTECTION OF THOSE EMPLOYEES AND THE PUBLIC. (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. Mayor Suarez: Madam City Clerk, Vice Mayor was suggesting that maybe.in the future if you would remind me, when we pull the items that have to be clarified hopefully, we could just get them all clarified and then take the vote on the entire consent agenda, instead of having to take the vote on the Consent Agenda and individual votes. It's an interesting way to get back to a true Consent Agenda. Mr. Plummer: You are assuming that the vote is going to be unanimous. Mayor Suarez: No, if any one item is not sufficiently clarified, then we would have to take a vote to either defer... Mr. Plummer: But if one Commissioner wanted to vote negatively. Mayor Suarez: Well, that's why we have a Consent Agenda, so that you have one collective vote. Mr. Plummer: OK, Consent Agenda was my idea years ago. Mayor Suarez: It's a great idea. ----. ----------w.- ---- ---J. i..-r-r.r----------- NOTR FOR THE RECORD: At this point, Agenda item 19 was withdrawn by the Administration. �----------- ►----------------------- ►-----i----- NOTE FOR THE RECORD: At this point, on motion duly made by Commissioner Plummer and seconded by Commissioner Range, Minutes of the following City Commission Meetings were approved unanimously: (a) the Planning and Zoning: April 27, May 25, June 22, July 27, and July 31, 1989; (b) Regular: May 11, June 7 and July 13, 1989 and (c) Special: June 27, 28 and 29, 1989 and August 11, 1989. 10. AGREE, IN PRINCIPLE, TO INSTRUCT MANAGER TO NEGOTIATE WITH RALPH SANCHEZ - in connecting with a major motorcycle event for Miami in the summer of 1990. Mayor Suarez: Mr. Plummer. Mr. Plummer: Mr. Mayor, very briefly, I am only bringing these items up because of the time involved. The first one is, and I've checked with the Manager, Mr. Sanchez has an offer from a major network to bring a major sporting competitive spirit this summer to the City of Miami on a major network. All that we are looking for this morning in principle is that this City Commission would enter into negotiations with Mr. Sanchez if he is successful in bringing that event to the City of Miami. I think it is a great thing for exposure and I would so move at this time that the Manager would negotiate with Mr. Sanchez in reference to bringing a competitive sporting event here this summer if he is successful in negotiating. Mayor Suarez: So moved. Mrs. Range: I second that. Mayor Suarez: Seconded. If there is no discussion, please call the roll. It is a motorcycle event, I believe, which is fairly unique. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 89-795 A MOTION OF THE CITY COMMISSION AGREEING IN PRINCIPLE TO INSTRUCT THE CITY MANAGER TO NEGOTIATE WITH RALPH SANCHEZ IN CONNECTION WITH A PROPOSED MOTORCYCLE EVENT FOR MIAMI IN THE SUMMER OF 1990, SUBJECT TO MR. SANCHEZ' SUCCESSFUL NEGOTIATIONS WITH A MAJOR TELEVISION NETWORK. 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. 28 gal►er Suarea: Let the record refiaet that the City he was talkial about ill the City of Mifti. Mr. Plummars That is correct. aaa._.�._._.._.�a:.arwurrr.,r.��.�.c.Wsrr:rri..wi.rti.as.arsrr-.ri.i.�.P.aim.raw.wr.i...ral.r.h_�.�i.rr+spa.i..ntifw.rr.r+aiYJ►ri.u:rWw1Gtiah . ,. li. ESTABLISH SPECIAL CHARGES/TERMS/CONDITIONS FOR USE OF SEMINOLE 8OA1 RAMP DINNER KEY LAUNCHING AREA in connection with Miami Boat Show to the Grove. r«.r ...+.--------------- ----- ---------- --- --- ..-----�..r__..� Mr. Plummer: The other item, Mr. Mayor is in reference to a boat show which is- occurring on the 21st of this month, we don't meet again. It is a negotiated contract by the Department and with the recommendation of the Manager. Have you passed it out? Mr. Fernandez: Yes. Mr. Plummer: It is from what I can see, a good negotiated deal for the City and at this time I would move its approval, Mr. Mayor. Mayor Suarez: So moved. Is it on the terms that we usually try to negotiate such events? Mr. Plummer: It's better. Mayor Suarez: Hopefully to bring monies into the coffers. Mrs. Range: I second that, Mr. Mayor. Mayor Suarez: Seconded by Commissioner Range. If no discussion on it, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-796 A RESOLUTION ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE SEMINOLE BOAT RAMP/DINNER KEY LAUNCHING AREA IN CONNECTION WITH THE MIAMI BOAT SHOW IN THE GROVE TO BE PRESENTED BY YACHTING PROMOTIONS, INC. SEPTEMBER 21 - 25, 1989 AT SAID FACILITY AND AT THE COCONUT GROVE EXHIBITION CENTER; AUTHORIZING THE ISSUANCE AND/OR EXECUTION OF THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID SPONSOR FOR THIS PURPOSE. i4ii�QiiL.•._•.,•.•'..�Yrr...rw.ilWs.wr:Y.r��ib�.....iYVrt�irdLiiL�iY.�..w'..wwy.fr••.. .. i.w�r�r�r�...r�.�a.+4L.i....3"L�iiiL.�ilf.ii.iY.1V.1.i.iii 12. 1)E1MR DISCUSSION CONCERNING PROPOSED PERFORMING ARTS FACILITY IN DOWNTOVN MIAMI. Mayor Suarez: OK, item 2 then, discussion on Performing Arts facility, downtown Miami. If any Commissioner wishes to ask any question, I've a pretty good idea of where we are on it, we all know that Miami Beach is moving pretty much on its own to try to do something, we are not sure if they will. Mr. Plummer: Well, that's not their contention. Mr. Mayor, if I may very briefly. Mayor Suarez: Commissioner Plummer. Mr. Plummer: Myself, as you appointed and the Manager appeared at that meeting. It was the request of Commissioner Barbara Carey that it be deferred and that other information be sought and that is in fact the case and the next meeting is on September 22nd. There was a presentation, the Manager was very, very vocal about his unhappiness with Miami Beach going out on their own after they promised not to. At this particular point, there are three or four sites in the City of Miami. There is one on Miami Beach and it is proceeding. There were no decisions at this meeting of last week. Mayor Suarez: OK, anything from the Commission on it? If not, proceed to the next item, which had been withdrawn. NOTE FOR THE RECORD: At this point Agenda item 3 was withdrawn. 13. EMERGENCY ORDINANCE: Establish new special revenue fund: "Solid Waste Reduction: Recycling and Education (FY'89)" - Appropriate $516,050 from recycling program grant and recycling education grant from State of Florida, Department of Environmental Regulation. Mayor Suarez: We are at item 4, emergency ordinance. Mr. Plummer: Move it. Mayor Suarez: Item 4 is moved. Mr. Odio: It's an emergency ordinance because on grounds that the City needs to... Mayor Suarez: State the grounds of the emergency please, yes. Mr. Odio: We need to effectuate the timely investment of grant funds within the grant time parameters and to demonstrate the City's good faith efforts in compliance with the recycling statute. Mr. Plummer: Mr. City Attorney, for the record... Mr. Fernandez: Yes. Mr. Plummer: ... in cases that are emergency and the Manager has outlined the reason for the emergency on his... Mr. Fernandez: Correct. 30 September 14, 1989 Mr. Plummers Do we need to read it in every time, unless somebody disagrees with it`P Mr. Fernandes: No, there should be on the public record a statement made as to the... Mr. Plummer: Orally, or will this written do it in the future so we can go through these quickerl Mr. Fernandez: I would continue to recommend orally. Mr. Plummer: OK. Mayor Suarez: OK, and we have done so in this case, so if we get a second we will be able to read the ordinance. We are looking for a second here. Somebody second the motion? Mr. Plummer: Ms. Range? Mrs. Range: Yes, I'll second it. Mayor Suarez: Seconded by Commissioner Range. Read the ordinance, Mr. City Attorney. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY'89)11, APPROPRIATING FUNDS FOR THE DEVELOPMENT AND IMPLEMENTATION OF SAME IN ACCORDANCE WITH SECTION 403.706(4) FLORIDA STATUTES IN THE AMOUNT OF $516,050, CONSISTING OF A $412,840 RECYCLING PROGRAM GRANT AND A $103,210 RECYCLING EDUCATION GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION, IN ACCORDANCE WITH THE STATE OF FLORIDA SOLID WASTE MANAGEMENT GRANT RULE 17- 716 AND SECTION 403.7095 FLORIDA STATUTES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Range, 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 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 Range, 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. * NOTE: Although absent at roll call, Commissioner Plummer asked of the Clerk to be shown voting with the motion. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10630. 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. 31 September 14, 19$9 Jv �itfi.iiP3/Wiiii6aY'-..3••.'--•ssfi.JiiYi4a'`iwiV.�i�ir��fi�iriwL.3.WiG.r� if��i�li��r YW.u.i�w.w..�►rrlr�.ri.rr��i 'ai1.iiWYLWLiYii6iioi.dWilYYii 14. MRMWCY 01tDINANCEt Establish new special revenue funds "Wynwood Safe Neighborhood improvement District Special Revenue Fund FT 89-90)" Appropriate $280,000 from Florida Department of Community Affairs. .u.r- -xr----rr- -,..----..r.r.-.......---------------,-.. --------i...+....----.r-r--- Mayor Suarez: Item 5, emergency ordinance, establishing a new special revenue fund, Wynwood Safe Neighborhood Improvement District. Mr. De Yurret Move it. Mr. Dawkins: Second. Mr. Odio: The reason for the emergency is that we need to start planning activities by the co -applicant, Wynwood CDC and the assisting City Departments within the proposed funding time frame. Mayor Suarez: Moved and seconded. Any discussion? If not, read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT SPECIAL REVENUE FUND FY 89-90"; APPROPRIATING FUNDS THEREFOR IN THE AMOUNT OF $280,000 TO BE RECEIVED FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner De Yurre and seconded by Commissioner Dawkins, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner 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 De Yurre and seconded by Commissioner Dawkins, 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. NOTE: Although absent at roll call, Commissioner Plummer later asked of the Clerk to be shown as voting with the motion. 15. EMERGENCY ORDINANCE: Execute participation agreement to evidence loaning of $6,5000,000 from the First Municipal Loan Council's Pooled Loan Program to the City - for Off -Street Parking Department for Coconut Grove Playhouse. --------------- ------------------------------------------------------------ Mayor Suarez: Item 6, emergency ordinance, authorizing and approving the execution of a participation agreement in substantially the form attached. Mr. De Yurre: Move it. Mr. Odio: This is to satisfy the time requirements associated with this with the Florida League of Cities bond closing which occurred on September 1st of 1989. Mr. Plummer: So moved. Mayor Suarez: Moved and seconded. We are not spending any of this, but to have the money available. Mr. Odio: We will be spending this. Mayor Suarez: OK, but this is a participation agreement only for the loan monies. Mr. Odio: No, this is to accept the monies, but we do... this is for the youth center and the Hadley pool. Mayor Suarez: But I thought we were going to... but we are not authorizing expenditure at this point for either one of those two purposes. Mr. Odio: Well, that's the purpose of these monies, but we will have to come back to you wit any contracts for award. Mayor Suarez: We have a motion and a second. Any discussion? If not, read the ordinance. Mr. Fernandez: Excuse me... Mayor Suarez: Yes. Mr. Fernandez: ... point of clarification. If we are on item 6, this is really coming from the Department of Off -Street Parking and this has to deal with monies that the Department of Off -Street Parking... Mr. Odio: I'm sorry, I thought it was six and a half, but this is for the Coconut Grove Playhouse. I stand corrected on the $6,500,000. It is for the Coconut Grove Playhouse. Mr. Fernandez: The reason for the emergency for this ordinance is that Bond Counsel realized perhaps... Mr. Dawkins: Ah! The cheese is more binding. Mr. Fernandez: We had passed a resolution authorizing it and what we need to pass for Bond Counsel purposes is an ordinance. It is a requirement of Bond Counsel. Mr. Dawkins: No, wait minute now. Now you are throwing me a curve, OK? Now, somebody explain to me if this $6,500,000 is for the Coconut Grove Playhouse, where is the money for the youth center and where is the money for the pool? Mr. Odio: No, that is already done, Commissioner. I'm sorry, it was my mistake... Mr. Plummer: It's another allocation. Mr. Odiot ... it is another allocation. The youth center and the pool... 33 September 14, 1909 m- ter. baftinit I* the other Allocation tpproved? Mr. Odibe Yes, sir, Yea it win. Mr. Piummert Yes, I stood up for it. Mr. Dawkins: OK, good, no problem. Mr. Fernandez: And this one is also approved. It is just to correct a legal requirement that an ordinance must be passed rather than a resolution to meet Bond Counsel standards. Mayor Suarez: OK, we have a motion and a second, read the ordinance, please. Call the roil. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE WITH ATTACHMENT, OF THE MIAMI CITY COMMISSION AUTHORIZING AND APPROVING THE EXECUTION OF A PARTICIPATION AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED, TO EVIDENCE THE LOANING OF FUNDS IN AN AMOUNT NOT TO EXCEED $6,500,000.00 FROM THE FIRST MUNICIPAL LOAN COUNCIL'S POOLED LOAN PROGRAM TO THE CITY OF MIAMI, FLORIDA, FOR THE DEPARTMENT OF OFF-STREET PARKING. Was introduced by Commissioner De Yurre and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner De Yurre and seconded by Commissioner Plummer, adopted said ordinance 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 1 �iilY�+�e�=Sig . -_.•" •- iio.lfLii1G.Gi.i.�.YL:.�iLl'iri.ri�iii.�i.it3lli4i� ' r.�liYau.r.irW.i+irfti(w r.iliiiir i.wiw.ii. _ .• � •. r.LitiGiHiWY rYiiYib.itiKlY"Y MdjtWWCy ORDINANCE: Amend Code Chapter 39, Article 11, Section 39- 17(li) = Extend prohibition on vending within Flagler Demonstration Block. ----i.+i:..-w w.trWi.O.ii.r.triww----------r.------------ Mayor Suarez: Item 7, is this the ordinance that was written up in the newspaper, by any chance? Mr. Plummer: No, this is just a prelude to that. Mr. Odio: No, this is the... Mayor Suarez: Oh, Flagler Demonstration block, OK. Mr. Odio: ... Flagler Demonstration block. Mayor Suarez: OK, I'll entertain motion on item 7. Mr. Plummer: So moved. Mr. Dawkins: Move it, second. Mayor Suarez: Moved and seconded. If there is no discussion, read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING CHAPTER 39, ARTICLE II, SECTION 39-17(11) OF THE CODE OF THE CITY OF MIAMI BY EXTENDING THE PROHIBITION OF VENDING WITHIN THE FLAGLER DEMONSTRATION BLOCK (NORTH AND SOUTH SIDES OF FLAGLER STREET BETWEEN MIAMI AVENUE AND EAST FIRST AVENUE) FOR ONE YEAR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner 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. Mr. Odic: The reason for the emergency, I'd better put it on the record. Mayor Suarez: Did you list the reason for the emergency, Mr. Commissioner. Mr. Odio: The occupational license year begins October 1st and the City would like to continue the prohibition for the full year for the health, safety and welfare of the pedestrian can be protected. ---------------------------- -------------------------- - --- 11. (A) (Continued Discussion) RECONSIDER PREVIOUSLY PASSED RESOLUTION ESTABLISHING COMMISSION POLICY GOVERNING DONATION OF WEAPONS PREVIOUSLY ISSUED FOR SWORN PERSONNEL OF MIAMI POLICE DEPARTMENT. (B) ESTABLISH COMMISSION POLICY, RETROACTIVE TO JANUARY 1, 1987, GOVERNING DONATION OF WEAPONS PREVIOUSLY ISSUED FOR SWORN PERSONNEL OF MIAMI POLICE DEPARTMENT (See label 3.32). ------------------------------------------------------------------------------ Mr. Plummer: Mr. Mayor, on Consent Agenda 38, which gives the retired policemen their weapons, I needed to involve there that that is retroactive back to January 1 of 1987. Do we have to reconsider to do that, or can I just make that as an amendment...? Mayor Suarez: If not, why don't you move to reconsider and... Mr. Plummer: I move to reconsider. Do it quickly. Mr. Dawkins: Second. Mayor Suarez: And seconded. Call the roll on the motion to reconsider Consent Item 38. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 89-797 A MOTION TO RECONSIDER PREVIOUSLY PASSED R 89-788, WHICH ESTABLISHED POLICY TO DONATE WEAPONS PREVIOUSLY ISSUED TO SWORN PERSONNEL OF THE MIAMI POLICE DEPARTMENT. (Note for the Record: This item was immediately thereafter passed and adopted making said policy retroactive to January 1, 1987). 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: On the substance of it, do you have... Mr. Plummer: I now make it as amended to retroactive back to January 1 of 1987 when this thing first started. So moved. Mayor Suarez: So moved and seconded. Mr. Dawkins: Second, under discussion. Mayor Suarez: Under discussion. With the exception of Commissioners. Mr. Plummer: Well, of course the problem there is that the Commissioners Set theirs stolen before they retire. 36 Mayor Suarez: With all of those clarifications and editorials, call the roll. Mr. Plummer: Ask the City Manager. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-798 A RESOLUTION ESTABLISHING A CITY COMMISSION POLICY GOVERNING THE DONATION OF WEAPONS PREVIOUSLY ISSUED FOR INDIVIDUAL USE BY SWORN PERSONNEL OF THE MIAMI POLICE DEPARTMENT IN ACCORDANCE WITH THE HEREIN ENUMERATED STANDARDS AND CRITERIA TO BE FOLLOWED IN REGARD TO SUCH DONATION. (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 J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: Mayor Suarez recognized the presence in the Chambers of Mayoral candidate Jack Campbell. ------------------------------------------------------------------------------ 18. CITY COMMISSIONERS COMPLAIN TO MANAGER ABOUT ALLEGED POLICE DEPARTMENT APATHY CONCERNING TV PROGRAM FEATURING AVOWED COCONUT GROVE YOUNGSTER ON CRACK. Mr. Plummer: Mr. Manager, I've got to get this off my chest and I'll try to do it very quickly. Last night... Mr. Dawkins: No, that's impossible. Mr. Plummer: Last night on channel six, television, they have a series that's been ongoing and they had for two nights in a row now, a young kid 14 years of age who is a crack addict. This kid right on television, has been shown in a house in Coconut Grove, on Grand Avenue, it is not a house, it is an apartment house on Grand Avenue and Margaret. They have videotaped this kid now for three straight nights and they are using a beer can to do coke and yet I don't see anything from the Police Department to at least show an interest to go down there and do something about it. Now, I'm... Mr. Odio: How do you know that, Commissioner? Mr. Plummer: What? Mr. Odio: I mean, maybe we have. Mr. Plummer: Well, the kid isn't worried about it, because last night they had him on for the third night in a row. 37 September 14, 1989 Mr. Odio: Well, hop do you know we haven't done anything about it? Mr. Plummer: And they know the kids name, they say the Police Department knows the kid and the kid is sitting there on television in videotape, stating that he steals purses, they show him walking down Commodore. Mr. Dawkins: They snatch the purses on Commodore? Mr. Plummer: No, no, I am sure they are showing how he walks down and he readily admits that he steals a purse to get the money to go into this one structure and they continuously show it on videotape... Mr. Odio: We might have to demolish the building. Mr. Plummer: You are not demolishing this building, it' too big, OK? It is not a crack house as we know of it, it is an apartment house. Would I please have some response that the Police Department on the fourth night of this series is going to do something? Mr. Odio: We might have done it already, I'll let you know. Mr. Plummer: Please! Mr. Dawkins: Well, before we get to that, Mr. City Attorney... Mr. Fernandez: Yes, sir. Mr. Dawkins: ... why is it, that Navarro in Broward County goes in, confiscates buildings, vehicles, shoes, clothing, you name it, only when he finds out... he don't even have to know, he thinks it is drug activity and under the RICO Act, he goes in and takes it, but here in the City of Miami, we do not recover or take any property, and yet like J.L. says, if it shows that this activity has been going on for three nights in this building, not my police, the owner should have been to the police, saying hey, I don't condone this, because they are going to take my building. OK, you see, so somewhere along the lines, we are not enforcing or as enforceable as everybody else is, so that's why we got the problem. Mr. Fernandez: Yes, we are, Commissioner. Mr. Odio: Yes, we are enforcing it and we are using Code 17-B now. If we can prove that that building had two incidents of drugs or any other kind committed, we can confiscate a building. Mr. Dawkins: OK, all right, Mr. Manager... Mr. Plummer: Mr. Manager... Mr. Dawkins: You know, Mr. Manager, you know where the building is, over in Overtown. Mr. Plummer: I just gave you the address and I guarantee you that there are two incidents an hour! Mr. Odio: Mr. Commissioner, there are incidents an hour in many other buildings and... Mr. Plummer: Sir, I can take you down there and show you with a video tape... excuse me, call Channel 6, they'll show you the videotapes. Mr. Odio: Commissioner, you made your point, we will check it out and if we haven't done anything about it, we will. Mayor Suarez: OK. 38 September 14, 1989 19. PROPOSED EMERGENCY ORDINANCE - establishing Public Facility Limited Vending Districts in vicinity of Orange Bowl Stadium, Miami Bobby Maduro Baseball Stadium and Miami Arena - Draft new ordinance for further study (See label 24). ----------------------------------------------------------------------------- Mayor Suarez: OK, item 8, emergency ordinance establishing Public Facility Limited... this is the one that was written up in the newspaper. Whatever would make you want to propose this kind of thing. This is... I don't know if any Commissioner specifically, I don't think we requested this. This must have been a totally Administration idea. I know, Commissioner, you supported... Mr. Plummer: I did not propose this ordinance, but let me say, my comment, and I don't know if it was in the paper, they say there was an article this morning, I didn't have a chance to read it, that brings about an orderly process in my estimation, is good. I think that you know, we are actually, from what I understand, doing no more for ourselves than what we have done for private organizations such as the Grand Prix race, the races in Coconut Grove, the Coconut Grove Art Festival. We have prohibited vendors from within, I believe a two block area. Now, if we do... Mayor Suarez: But that's usually for a short span of time. Mr. Plummer: That's correct sir, but this is also for the short span of time during events. Mayor Suarez: But it is an ordinance that would be in effect the entire year for any such event, not just for unique events. Mr. Plummer: In these facilities. Mayor Suarez: Right. Mr. Plummer: OK, Mr. Mayor, we just passed a so called ordinance pertaining in the same way on the Flagler Street demonstration project. Mayor Suarez: Yes. Mr. Plummer: My concern is the vendors we know the crowds of Orange Bowl capacity. Those streets are clogged and are absolutely you know, at capacity of what they can carry. The vendors are on the sidewalk, people stop to buy and further clog and create a safety problem because people have to walk out in the street and walk around. Now, you know, you can speak to the financial aspect of it, there is such an impact there, but the process, and the reason why I was called and the reason I defended the ordinance, which was not mine, was simply because it establishes an orderly process. Mayor Suarez: Well, let me say this, procedurally, unless the Commission wants to engage in a long debate on it, it is presented as an emergency ordinance. I know one Commissioner has already stated that he does not favor this, I believe Vice Mayor and I feel likewise, so unless... Mr. Dawkins: And I feel likewise, so that's the end of it, three votes. Mayor Suarez: So unless you want to... Mrs. Range: Well, we got more than three votes on that. Mayor Suarez: I think we have four votes on that decision. Mr. Dawkins: That's four votes. Mrs. Range: Mr. Mayor, if I might just say this, Mr. Mayor. I think... Mr. Odio: No, I ... Mayor Suarez: Well, but not as an emergency ordinance, Mr. Manager, because not only do we not deem it to be an emergency, but we don't even want it at all. 39 September 14, 1909 Mr. Dawkins: I'm not going to vote for it as an emergency and I am not going to vote for it as a non -emergency, so it doesn't matter. Mrs. Range: I think what needs to be done Mr. Mayor, is that... Mayor Suarez: Mrs. Range. We've interrupted you enough times today. Mrs. Range: ... it is deserving of study, but I certainly do not think it is deserving of just banishing these vendors from the sidewalks with a day's notice. This is simply not fair. I think in the study we can come up with an idea where they may be given designated areas, rather than having areas just In a helter-skelter way along the sidewalks, so this is why I would be against voting on this today. Mayor Suarez: Yes, and Commissioner... Mr. Odio: Just for the record... Mayor Suarez: Wait, wait, Mr. Manager, please. And that would also take into consideration Commissioner Plummer's points and concerns which there may be some way to regulate this so we can provide for the public safety and welfare without being too restrictive. Mr. Dawkins: There is, have one-way traffic that day, and don't let the traffic go down on the side... Mayor Suarez: I have a feeling that would be enormously better than some of the things that are being discussed in this ordinance, so if you want to send it back for study, Commissioner Plummer, I think you'd get a consensus of this Commission, and Mr. Manager, otherwise I have a feeling you are going to go down to ignominious defeat on this. Mrs. Range: I really think it should be because I feel that with the vendors having to be two blocks away from the stadium, there is simply no reason why people should stop to buy two blocks away, that's entirely too far. j Mr. Plummer: Mr. Mayor, just for the record, if I may, I am told by the people at the Orange Bowl that at the last event they counted over 100 vendors, OK? Now, you know, there could be 103 or could there be nine... Mr. Odio: Four hundred, four hundred! Mr. Plummer: Four hundred vendors, whatever it is, OK? I'm saying is, is that there is no regulation that says that it couldn't be 500 vendors. Now, let's put some cards on the table that the Law Department doesn't want me to say this, but I'm going to say it, it's got to be said. We now receive through our contract in the Orange Bowl, 42.1 percent of concessions. Now, you've got to understand when all of that stuff is being sold outside, the City does not derive ten cents other than an occupational license. You better be prepared for great subsidy in the Orange Bowl because the Orange Bowl depends upon those revenues and when you have it sold outside, they are not going to buy it inside and if that is in fact the case, you'd better be prepared for subsidy, because it is going to come. Mr. Dawkins: The Orange Bowl is paid for, so therefore we are not talking about subsidizing the Orange Bowl, we are talking about subsidizing the events that occur in the Orange Bowl. Mr. Plummer: Sir, the Orange Bowl is paid for, it is a million dollars a year, almost of operating maintenance to keep it in a first class facility. Now, you know, all I am saying to you, my main concern is the safety of the people going to and coming from those games, because when you put those carts on the sidewalk, people cannot pass freely. Without the vendors it's always a problem. Now, you know, people have to walk out into the street to get around, so all I am saying to you, the reason, I think for the emergency, nobody even discussed it... Mr. Odio: We have a game Saturday. Mr. Plummer: ... is your first game is Saturday night. k0 September 14, 1909 Mayor Suarez: Mr. Manager, unless everybody else is completed, I avant to may = something. You have a whole staff of very competent Parks Department employees here, director, assistant directors, stadium managers, Diane, with whom we communicate on a daily basis. Why don't you get them to do something productive instead of... I'm telling you, I'm serious about this, instead of proposing constantly ordinances that we have not called for, because Commissioner Plummer has indicated he didn't ask for this, get them to help us continue the work that they are doing, which they are doing extremely well and have more supervised programs in our parks and improved the conditions of our parka and quit proposing ordinances that we don't need, at least as I feel and maybe the rest of this Commission feels. I just want to put that on the record. Mr. Odio: Yes, but just for the record, we have an obligation to maintain the public safety and the last event that we had on the Orange Bowl got very bad and that's why this ordinance came about. We also, we did not surprise these people, we had a workshop with them on August 23rd and they came, so it wasn't... they knew about this ordinance. Mr. Dawkins: But all we are saying Mr. Manager, is that it would have felt... I would have felt better had you come to me and said we want to restrict traffic one way on this street and move the hot dog vendors from the sidewalk to the streets so that the individuals going to the game will have free sidewalks and these individuals sell from the streets to the sidewalk, you know, bring me something. You see, just don't tell me that you are going to shove them two blocks down the streets and then as J.L. said, have X number of slots on a first come, first serve basis, and that's it. I don't know, I'm just trying to say... Mayor Suarez: OK, in any event, I think the Commission is disposed to study it further and there may be regulations that we can come up with that will increase the safety of traffic and so on. Actually, as to the Orange Bowl, I have to say this too, we have a lot less sell out events at the Orange Bowl than we used to have with the Dolphins not playing there, so I wonder if really this is the appropriate time to be changing a system that apparently has worked recently well. In any event, if the Manager seems to think that the matter is so important, certainly we'd like to study it further unless any Commissioner wants to move otherwise. Mr. De Yurre: What I would like to bring up... Mayor Suarez: Mr. Vice Mayor. Mr. De Yurre: ... at this time is that this workshop that was held on August 23rd, the main purpose of it was to come up with a program for the Metro Justice Building area and I'd like to hear about that. Mr. Joel Maxwell: Mr. Vice Mayor, for the record, Joel Maxwell, the chief assistant City Attorney, City Attorney's office. Pursuant to your instructions, we did have a workshop here in these Chambers on August 23rd. It was attended by approximately 30 vendors and various departments of the City as well as departments of Metropolitan Dade County and the Health Department. At that meeting we found out that through testimony by Public Works Department that for the most part vending around the Metro Justice Building is presently prohibited as the law presently reads and that is because the sidewalks over there do not meet the required six foot width. None of the sidewalks do, except for the areas that are on private property. That is out of the public right-of-way, so if we enforce the laws as they presently stand on the books around that building, there will be absolutely, as I can see at this point, no vending at all around the Metro Justice Building. The laws as they presently read would protect that area. Mr. De Yurre: OK, and by the same token if you are telling me that you need a six foot wide sidewalk in order to vend, then no vendors can sell around the Orange Bowl and they do it all the time, we are allowing it. Mr. Maxwell: That's correct. For the most part, I believe the sidewalks in that area do not meet the required width. A strict enforcement of those rules would do that, but I don't know if we can do this at that point, because of the manpower that would be required to do so. 41 September 14. 1989 <a: Mr. De Yurre: Well, I need a recommendation as to how we can remedy that problem. Mr. Maxwell: Which problem is that, Mr. Vice Mayor? Mr. De Yurre: The problem that has been occurring at the Metro Justice Building about people having to fight for spots, people having to chain their carts to signs and having security guards over night, all that kind of stuff. Mr. Maxwell: As I indicated, what we found out at the workshop was that if we enforce the laws over there, the problem would be abolished because vending would be prohibited over there totally. Vending is already prohibited under the rules as they now exist in that area. There would be no vending around the Metro Justice Building at all. Mr. De Yurre: Oh, what I... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Maxwell: They have been there now for a long period of time, as the young lady just said, but they have been there illegally all this time, which does not give them a vested right to be there. Mr. De Yurre: Well, I think that there are people that want to sell there and others that want to sell, everybody wants to sell there and some people are being left out of the situation. Mr. Maxwell: Well, what... Mr. De Yurre: What I suggest is that a plan be offered to the City wherein there is some agreement, if not then we may just have to take them out of there. IMr. Maxwell: What we'd have to do in order to do that would be to amend the law as it now stands to allow for a smaller sidewalk. That would put us in —I conflict with other regulations dealing with clear areas for handicapped i transport and so forth. Mr. De Yurre: In that immediate area, can't we create a district and say that we allow a narrower sidewalk to be used? Mr. Maxwell: Yes sir, you can do whatever you like. Mr. De Yurre: Well that I needed your recommendations so we can work together and work them out. Mr. Maxwell: If, what we could do is establish restricted vending and zoning in that area, I'll have the Planning Department determine which sites would support vending on a narrow sidewalk, come back to the Commission with those recommendations. Now, what that would do, two things you would have to do, one you would have to make a determination as to whether you want to specifically allocate sites or you want to leave it the way it is in the other areas of the City and that works fairly well, where the vendors work it out among themselves as to who has those spots. Now, they haven't cooperated among themselves so far, but given the circumstances, that might be the beat way to go. Mr. De Yurre: Well, why don't you work on that and come up with a plan that we can work with, many different solutions, alternatives, and that we can come up with something that we can work with. Mr. Maxwell: I think the sole remedy right now would be the establishment of a restricted district. We could come back to you at the next regular meeting or at the next meeting which such proposals for your consideration. Mr. De Yurre: Well, do it. Do it so we can deal with the issue. Mr. Maxwell: Would you like an ordinance to that effect? Mr. De Yurre: Yes. 42 September 14, 1989 Mr. Plummer: Just for the record, I couldn't concur with you more, but my question is, hour does that differ at the Metro Justice Building, from the Orange Bowl? - or the Miami Arena? I think the same problems exist. Mayor Suarez: Well, at the Metro Justice Building, it's a daily situation. Mr. De Yurre: The problems, J.L., the problems at the Metro Justice Building, there is an existing feud among the vendors as to locations. Mr. Plummer: Well, that's going to be... hey, if you got 400 vendors at the Orange Bowl, you know that's going to happen there. Mr. De Yurre: Well, if people... Mayor Suarez: But the other one is a daily situation, I mean, it's every working day. Mr. Plummer: OK. Hey, look, all I am saying is, this Commission better be prepared to come up with about $250,000 in subsidy for the Orange Bowl. If that's what you want, hey, so be it. You know, and it is going to affect the arena also. Now, if you want to do that, I think it's wrong. Now, I think it is wrong from many standpoints of view, but you know, if this Commission wants to override it, so be it. I just... no rules and regulations, no designation, no nothing. It is open warfare. Now it's broken out, from what I am hearing, among themselves. Do what you want. Mrs. Range: The number 400, is that a realistic number, or is that just a... Mr. Plummer: That wasn't my number. Mr. Max Cruz: Commissioner, Max Cruz, assistant director for Parks and Recreation and Public Facilities. The number has been considerably increasing every year from 50 to a hundred to two hundred to five hundred, sometimes, depending upon the type of event and the crowd that is anticipated. Mayor Suarez: You are going to have to call us over there before the event which you anticipate 500, because I want to count them, Max and the Commissioner is alleging, while the Manager is interrupting, that there are, I mean, wondering if there is really four or five hundred. I'm wondering the same thing. I will be happy to go over there and look at that situation, if you and the Manager deem it important for us to look at it. If you don't, then we will be back where we started, which is that four of us at this point are not disposed to pass this regulation. Mrs. Range: If there are four hundred, let's say that the count is correct, then in this workshop or study that we have, the number of vendors, even though it might prove detrimental to some of them, but the number of vendors would necessarily have to be designated, that a certain number of vendors can go to a certain event. Mayor Suarez: And a system implemented for selecting and so on. Mrs. Range: And yes, either a system invented for that, or on a first come, first serve, basis so that you will not get four hundred vendors out there at one time. I can hardly see the necessity for two hundred vendors. How do they actually make a living? Mr. Cruz: Commissioner, we have several types of vendors. You have one that has a small grill with charcoal and a can of gasoline and four pieces of meat and goes in there and sets up in a location. We have organized vendors at the push carts. _ Mr. De Yurre: But those don't have permits, I'll bet you. Mr. Cruz: Well, you are right, Commissioner, you are right. Mr. De Yurre: Well, we are talking about something different now. �j Mrs. Range: Then we are talking about structured situations. Mr. Plummer: There is no structure. 43 September 14, 19$9 Mrs. Ranges Well, there should be a structure and there can be a structure. This Commission is empowered. Mr. be Yurre: You know, if you want, we can come up with a district for the Orange Bowl and pass out... we got what, 400 vendors? You want to keep it to 300? 1 don't think there are that many, but within that district, you know, they get a special permit to work the games and they have to show it on their carts when they are working and if they don't have one, they are taken out. You can do that too. I don't think you are going to have that many, anyway. Mr. Plummer: May I also put on the record another concern. Almost every one of the concerts which are negotiated either in the Orange Bowl, I'm sure it is in the arena the same, but one thing the promoter has never ever given up his rights on is exclusivity on souvenirs. Now, we are primarily of an understanding here about food and beverage. This would have prohibited the vendors for souvenirs and I can tell you that the promoters in my estimation are going to look elsewhere when they do not have that which they have always fought for, the exclusivity of souvenirs. Mr. Dawkins: We were talking about hotdog vendors. Mr. Plummer: No, no, we are speaking about vendors in general. Mr. Dawkins: No, no, well, I wasn't, this morning I am speaking specifically as was brought up hotdog vendors... Mr. Plummer: Well, reading... Mr. Dawkins: ... and pushing people in the streets to buy a hotdog, now that's where we started. Mr. Odio: Commissioner, let me give you an example of my... Mr. Dawkins: That's where we started, with pushing people in the streets with hotdogs. Now you've got me pushing people in the streets with souvenirs. Mr. Plummer: Well, vendors in general, outside on the sidewalk is what I am speaking to. Mr. Dawkins: OK, Mr. Mayor, I'd like to see if we can't bring this closure. I agree with everybody on everything that has been said. There has to be a system and the hotdog vendors themselves have an organization and they must work with us, as Mrs. Range has said to limit the number of participants and it is up to them to provide some kind... if they are going to be in this, then the Hotdog Vendors Association must determine what vendors are there for what events to keep, as they say, quote, unquote, there are about 500 vendors each event. Mr. Plummer: If the Dolphins were still in the Orange Bowl the way they've been playing, we'd have more vendors than they do spectators! Mayor Suarez: OK, Commissioners, I understand the consensus to be that the matter be studied further and brought back at the appropriate time. Mr. De Yurre: At the next meeting. Mayor Suarez: At the next meeting, so I entertain it in the form of a motion. Mr. De Yurre: Moved. Mayor Suarez: Moved. Mrs. Range: Second. Mayor Suarez: Seconded. Any discussion? If not, call the roll. 44 September 14, 1969 The following motion waa introduced by Cotmnissionet De Yurrbj who fhvv6d it* adoption: MOTION NO. 89-799 A MOTION DIRECTING THE ADMINISTRATION AND THE LAW DEPARTMENT TO FURTHER STUDY THE ISSUE OF PUBLIC FACILITY LIMITED VENDING DISTRICTS, AND 'RING RECOMMENDATIONS AND A PROPOSED ORDINANCE ON SAID ..SSUR AT THE NEXT CITY COMMISSION MEETING. 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. --------------------------------------------------------------------------- 20. SCHEDULE FOR OCTOBER 28, 1989 MEETING DISCUSSION By CAFE SOCIETY REGARDING POOLROOMS. ---------------------------------------------------------- Mr. Dawkins: Mr. Mayor, I have... Mayor Suarez: Yes, Commissioner Dawkins. Mr. Dawkins: I have something here. I don't know whether it is urgent or not, but the gentleman says that we passed on first reading on the pool room and it's urgent that he gets a second reading on the pool room, but because we told the Manager not to put but X number of items on the agenda, the Manager had to use his discretion and this item was bumped, so now, if there is, I asked to ask the Manager, if there is an emergency, I would ask that it be heard. If this is not an emergency and he can wait, I would ask that it not be heard. Mr. Odio: When I looked at the agenda, I didn't see any emergency on a pool room, that's why I pulled it. Mr. Dawkins: OK, but does he really need...? Mr. Odio: I don't know what his problem is. Mr. De Yurre: Instead, you know, it is moved on first reading? Mr. Dawkins: Yes. Mr. De Yurre: Just move it and let's get it over and done with, that's it. Mr. Dawkins: I second. Well, then you got to change the policy of the Commission. Mr. Plummer: Mr. Dawkins: Why? What do we have to do, J.L.? Mr. Plummer: The policy is sixty. Mr. Dawkins: Huh? Mr. De Yurre: We've heard up to 75 right now. Mr. Dawkins: Yes, but this is a pocket item, OK? can't... no problem. 45 Mayor 5uares: Wait, wait, Commissioner now, Commissioner Plummer, we have taken up about three items at your request and of course they were by the Administration. Either we are going to stick to 60 items or we are not going to stick to 60 items. If this item is important to any Commissioner, state the reason for it and what is the importance of the item that we should take It, even if it is not on the agenda? Mr. Dawkins: Like Commissioner Plummer said, he had three items and those were all right, but if we are going to stick to 60, I have no problem with saying here forth and from now on, there will be no pocket items, no special items and no nothing. I don't care if the world is coming to any end, we have to suffer. Mayor Suarez: We do have emergencies occasionally and the items do come up that are emergencies, but they have to be true emergencies, Commissioners, otherwise, you know, we are not going to be able to stick to our... Mr. Dawkins: That's why I asked the Manager... Mayor Suarez: What is the nature of the emergency on this? Mr. Dawkins: It's not an emergency? OK, so then we don't hear it. Mr. Francisco Diaz -Rivas: Well, the thing was that last time when we... Mayor Suarez: Sir, what is your name? Put it on the record, please. Mr. Diaz -Rivas: Francisco Diaz -Rivas, 3138 Commodore Plaza, representing Cafe Society. The reason for this, well, we have been going back and forth on this for a while and since everybody has agreed unanimously on this item, but it kept getting postponed because there were other items that were more important. We amended... Mr. De Yurre: Who are you representing? Mayor Suarez: Who are you representing? Mr. Diaz -Rivas: Cafe Society, out of New York. Mr. De Yurre: Where is that at? Mr. Diaz -Rivas: In New York City. Mr. De Yurre: What down here? Mr. Diaz -Rivas: Well, they are placing a pool hall at 2895 McFarland. Mr. Plummer: Wait a minute, where? Mr. Dawkins: Well, what's the emergency? Mr. Plummer: Where are you placing it? Mr. Diaz -Rivas: 2895 McFarland. Mr. Plummer: Oh, OK, Mr. Dawkins: Well, what's the emergency? Why do you have to have it done today? Mrs. Range: Mr. Mayor, I had two meetings... Mr. Diaz -Rivas: Well, the thing is that we constantly at one time, originally we were going to have it in July, the first of... Mr. Dawkins: OK, this is not a emergency. I move that... Mayor Suarez: Commissioner Range wanted to ask, I guess you've had meetings with them, Commissioner? Mrs. Range: No, I've had meetings with them and I've decided and said to the young gentleman that I could not put this on as an emergency because it really is not. Mr. Dawkins: It is not an emergency, Mr. Mayor. Mayor Suarezt I guess it is not really an emergency. What he is trying to say is that the item has been under consideration and not acted upon by the City now for a considerable amount of time. When are we going to have it on for sure for final determination? Can we have it on the Planning and Zoning agenda the second meeting of this month? Mr. Odio: I was ordered not to put any regular items on the Zoning agenda so that they would be on in October. Mayor Suarez: Wasn't this initially on the Planning and Zoning agenda? Mr. Diaz -Rivas: Yes it was. Mr. Odio: But at the last meeting I was told not to do this any more, so you have to decide. Mayor Suarez: You said that you were ordered not to put any items other than Planning and Zoning agenda items, which is what this was. Mr. Odio: If it is a zoning item, it will be on the Zoning agenda. Mayor Suarez: Mr. Manager, please have this item on the agenda for 28th of this month, which is the second meeting and you actually got an absolute right under the Code as far as I know, to be heard anyhow, if you give us notice within five days of that hearing, so we will get it on. Mr. Diaz -Rivas: thank you. 21. APPOINT DANIEL PEREZ-ZARRAGA TO CODE ENFORCEMENT BOARD (Note: Mr. Perez-Zarraga replaces Raul Gonzalez Viera). ------------------------------------------------------------------------------ Mr. De Yurre: Mr. Mayor, I have... Mayor Suarez: Mr. Vice Mayor. Mr. De Yurre: ... an appointment to make in the Code Enforcement Board and I'd like to make it at this time. I'd like to name Daniel Perez-Zarraga to the Code Enforcement Board. Mayor Suarez: So moved. Mr. Plummer: Second. Mayor Suarez: Any discussion? If not, call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-800 A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO THE CITY'S CODE ENFORCEMENT BOARD, TO SERVE A TERM ENDING FEBRUARY 10, 1990. (Note for the Record: MR. DANIEL PEREZ-ZARRAGA was nominated by Vice Mayor De Yurre) (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: 0 47 September 14, 49#9 AIMIt ZOMML68i6ster J. L# Plummer, It. Oommiaaioher M. Athalie Rance Oomiaeioner Miller J. Dawkitis Mice Mayor Victor De Vurta Mayor Xavier L. Suarez NOESI None. ABSENT: None. 22. BRIEF DISCUSSION CONCERNING STRUCTURE OF CODE ENFORCEMENT BOARD AND POSSIBILITY OF CREATING ONE MORE BOARD. Mr. Plummer: Mr. Mayor, for your edification... Mayor Suarez: Commissioner Plummer. Mr. Plummer: ... and Commissioner Dawkins', at the Budget Workshop the other day, I've asked the City Attorney, we are showing over 3500 cases pending and I have asked the City Attorney to come up with the necessary paperwork to establish more than one Code Enforcement Board, when we are told that the most that they can address is 35 to 50 items at a meeting. Hopefully this Commission will look at it in which we can start speeding up that process because under the law we are allowed to have more than one Code Enforcement Board. Mr. Odio: Commissioner... Mayor Suarez: You can have an A and a B, that kind of thing. Mr. Plummer: Yes. Mayor Suarez: Mr. Manager. Mr. Odio: Yesterday I approached the Code Enforcement Board and I asked them if they would be willing to meet every week and they said that they would, but that they would have to hear 100 cases a week. We can do that, it would eliminate the need for another board. That means we will be hearing 400 cases a month and we would eat up into the backlog very fast. Mr. Dawkins: Well, I agree with Plummer that this is a volunteer process and I just don't feel that I would be doing justice to the board to ask volunteers to hear more, I would rather create another board so that we would have more people who would volunteer more time and we could hear more, because you got to read this, you got to study it and in my opinion it is just too much to ask somebody to hear 100 cases. Mr. Odio: Well, while we are creating the board, they are willing to go ahead and do 100 cases as week. Mr. Plummer: That's great, maybe even the new board can do the same. Mr. Odio: They volunteered, yes, to do so. 12. to "`��'�i7�➢"Y'Y�TiTiiG itiGQirSiii�iiliL�+i'�SiS��:iSiL�iliiilrS.:�i4��1iwS7Yf`�.�a.1i�rrr'.�w.i.Yf`�.iikilri►�YifiY4Yi�iYii�i�i�illfli'�`$illYi�{.1i�'ai4i{Y�.. '� SSCOND SIADING OADIMANCB: Amend 105221 Establ i6h ti6w Ctptteii tsprovement project: "Police Department 911 Bmergaftey Aaekup Site" Appropriate funds ($346,000). i��rYr—.�------------------------------------ -------iawwrW�Yi�Y{YtiiCiL.i4��PiYCY$Y Yi.iYtiS,-. •••- •. Mayor Suarez: OX, item 9, second reading. Mr. Plummer: Move it. Mayor Suarez: New Capital Improvement Project, Police Department, emergendy backup site. It's been moved. Do we have a second? Mrs. Range: Second. Mr. Dawkins: Second. Mayor Suarez: Seconded. If there is no discussion, please read the ordinance on second reading. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10521, AS AMENDED, ADOPTED NOVEMBER 17, 1988, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED: "POLICE DEPARTMENT 911 EMERGENCY BACKUP SITE" AND APPROPRIATING FUNDS IN THE AMOUNT OF $346,000 FROM THE EMERGENCY 911 SYSTEM SERVICE FEES AND $52,800 FROM THE 1984 POLICE GENERAL OBLIGATION BONDS, FOR THE PURPOSE OF PROVIDING UNINTERRUPTED EMERGENCY SERVICES TO THE COMMUNITY IN THE EVENT OF EVACUATION FROM ITS CURRENT LOCATION. 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 M. Athalie Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10634. 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. 49 24. (Continued Discussion) CONCERNING ESTABLISHMENT OF PUBLIC FACILITY LIMITED VENDING DISTRICTS - Request Manager to recommend plan for next meeting (See label 19). --. ------ --------------------------------------------------_---- Mr. De Yurret Mr. Mayor, for clarification, I wanted... Mayor Suarez: Mr. Vice Mayor. Mr. De Yurre: ... at the next meeting to come back with that recommendation for the Metro Justice Building vendor plan. Thank you. 25. SECOND READING ORDINANCE: Amend 10484 - Implement budgetary adjustments to comply with generally accepted accounting principles. Mayor Suarez: Item 10, second reading. Mr. Odio: This is an annual appropriations ordinance for the purpose of implementing budgetary adjustments. One of the reasons for the changes is to increase the Police Department needed to cover costs of the associated overtime with the January Civil disturbances. Mr. Dawkins: Move it. Mrs. Range: Second. Mayor Suarez: Moved and seconded. If there is no discussion, please read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTIONS 1, 4 AND 5 OF ORDINANCE NO. 10484, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1989, AS AMENDED, FOR THE PURPOSE OF IMPLEMENTING 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. 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 Dawkins, 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 M. Athalie Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer * *NOTE: Although absent at roll call, Commissioner Plummer requested of the Clerk to be shown as voting with the motion. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10635. 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. 50 September 14, 1989 26. SECOND READING ORDINANCE: Amend Code Chapter 4 (Alcoholic Beverages) Add definition of Retail Specialty Center - Establish hours of operation - Provide exception from distance separation requirements Limit number of establishments and restrict signs for and in Retail Specialty Centers. Mayor Suarez: Item 11, Code amendment to add a new paragraph defining retail specialty center, amending paragraphs three and five and so on. I entertain a motion of second reading of this ordinance. I guess it was passed unanimously on first reading. Mr. Odio: This caps the number of alcoholic beverages beverage establishments in the retail specialty centers at five and provides an exception. Mayor Suarez: I remember the discussion was lengthy and we finally moved it and it passed unanimously. Mr. Dawkins: On 11. Mayor Suarez: Someone want to move second reading of 11, passed unanimously at first reading? Does anyone wish to be heard on this item other than Interested party I see here, dressed to look very much like Joe Ingraham, if you noticed. Do you make a motion on it? Somebody? Mr. De Yurre: Move it. Mayor Suarez: Moved. Second, somebody? Mrs. Range: I'll second. Mayor Suarez: Seconded. If no discussion, please read the ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: Call the roll. Mr. Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I still have a problem with this, OK, and I have to tell you and it is the same problem I've had and that is, giving this privilege to the rich and denying it to the poor, OK? It has been passed by us, but I still say that somehow that individual who does not have the money with which to construct a fabulous specialty center is being denied the right to sell liquor and make a profit and that's my only concern. No further discussion. Mr. Plummer: I'm assuming that the amendments which I proposed and passed by this Commission in regards to security guards and things of that nature are included in this ordinance. Mr. Joe McManus: Yes, Commissioner. Mayor Suarez: In line with what Commissioner Dawkins is saying, let me ask that you do this if it is agreeable to the rest of the Commission. When we first did one of these districts, it was for Bayside and the whole purpose for that was a minority participation program which was 50 percent. In the case of these other retail specialty centers, we haven't done that. I wonder Joe, if we can have an analysis by you and suggestion to us of how we can also serve the public purposes and the needs of minority vendors at these speciality centers by requiring some kinds of conditions in connection with this kind of what is really an exception to our liquor license laws and therefore promote the kinds of things that Commissioner Dawkins is referring to. I am not saying that it would apply to this ordinance, but it could be a modification of the ordinance which we can do at any time, OK? Mr. Al Cardenas: Just for the record, Mayor... 51 September 14, 1909 Mayor Suarez; I hadn't thought of that because I kept thinking that Bayside actually had helped to empower people that otherwise wouldn't be able to have a business of this sort, but of course, Bayside came with approximately $6,000,000 of minority capital funding and a goal of 50 percent minority ownership, etc., etc., whereas we hadn't done that for these other retail specialty centers and... Mr. Cardenas: Of course, Bayside came with City owned land, too. Mayor Suarez: Bayside came with City owned land, good point. There would be less than we could require, I would think, for something that is strictly a private project as opposed to joint public and private, but it is, you are getting an exception from the normal rules on distances between liquor serving facilities and therefore we could probably exact a little bit more... Mr. Dawkins: What did you say, Mr. ... Mr. Cardenas: For the record, my name is Al Cardenas, 1221 Brickell Avenue. You'll recall at the first reading, Commissioner Dawkins, your points were brought forth and indeed it was agreed that your concerns regarding minorities involved in this situation would be made an integral part by a separate situation from the specialty centers and you made a motion at that time which was approved at the same time that the first reading on this was approved regarding having staff look into it and come back to you with something regarding your concern. Mr. Dawkins: Now, if I approved anything, if I did what he said I did, I am going to correct the record now. I want to record to reflect that I did not approve this with an understanding that you go back and bring me something to satisfy minority participation. I would have approved something where you show me how you are going to include minority participation in this and if I didn't do that, correct the record to show that I approve this only with the understanding that they are going to involve minority ownership, not no participation. Participation is the building of it, and the what have you. I'm talking about some ownership, OK? And Al we probably can't do this with this one because we've already... but I want all the others to understand where I am coming from, OK? Mr. Cardenas: I understand. Mayor Suarez: Yes, and even as to this one, or the ones that would be empowered by this, we can probably catch the new establishments as they go on line, so if you would try to work that out. OK, we have a motion. Do we have a motion and a second? We do? Mr. Fernandez: And it has been read. Mayor Suarez: Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, ARTICLE I IN GENERAL, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, BY ADDING A NEW PARAGRAPH TO SECTION 4-3 (a) WHICH DEFINES A RETAIL SPECIALTY CENTER; BY AMENDING PARAGRAPH (3) AND (5) OF SECTION 4-3 (c) TO ESTABLISH HOURS OF OPERATION FOR SAID RETAIL SPECIALTY CENTERS; BY ADDING A NEW SUBSECTION (f) TO SECTION 4- 14 TO PROVIDE AN EXCEPTION FROM DISTANCE SEPARATION REQUIREMENTS, LIMIT THE NUMBER OF ESTABLISHMENTS AND RESTRICT SIGNS FOR AN IN RETAIL SPECIALTY CENTERS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 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 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: 52 September 14, 1989 z ll � carftisaloft6r J. L. Plufteir, Jr. Co missioner M. Athalie Range Commissioner Milner J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10636. 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. 27. SECOND READING ORDINANCE: Amend 10521 - Increase total appropriations to capital project: Southeast Overtown/Park West Redevelopment - Phase I, from funds received from Urban Mass Transit Administration (UMTA). ------------------------------------------------------------------------------ Mayor Suarez: Item 12, second reading, Capital Improvements Appropriations Ordinance, Southeast Overtown/Park West Redevelopment - Phase I from UMTA monies. Mr. Odio: This is the monies we got back from the UMTA and that Commissioner Dawkins wanted to put to the Overtown/Park West Project. Mayor Suarez: OK, I entertain a motion on second reading. Mrs. Range: Yes. Mayor Suarez: Moved. Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? If not, move the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10521, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE BY INCREASING THE TOTAL APPROPRIATIONS TO THE CAPITAL PROJECT ENTITLED "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT - PHASE I" PROJECT NO. 322029 BY $719,741, SAID AMOUNT WITH FUNDS AVAILABLE FROM FUNDS RECEIVED FROM THE URBAN MASS TRANSIT ADMINISTRATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 13, 1989, was taken up for its second and final reading by title and adoption. On motion of Commissioner Range, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor De Yurre * NOTE: Although absent at roll call, Vice Mayor De Yurre later asked of the Clerk to be voting with the motion._ 53 September 14, 1909 THjt 0gVj$AM WAS DESIGNATED., ORDINANCE NO. 10637. The City Attorney read the ordinance into the public record and announted that copies were available to the members of the City Commission and to the public. 28. DISCUSS AND CONTINUE TO NEXT MEETING PROPOSED SECOND READING ORDINANCE to create special revenue fund "Omni Area Redevelopment Tax Increment Trust Fund Account.". -------------- ---------------------------------------------------------- Mayor Suarez: Item 13, creating a new special revenue fund, Omni Redevelopment tax increment Trust Account. Mr. Plummer: I'll move it for discussion. Mayor Suarez: Yes, Commissioner Plummer. Mr. Plummer: Mr. Manager, I much again concerned. What are you doing in reference to part of these monies coming back to the City for the providing of municipal services? Mr. Odio: Mr. Commissioners, we cannot do anything on the Overtown/Park West increment district. Mr. Plummer: This is the Omni? Mr. Odio: No, sir, you are in the wrong item. What, 13? Mrs. Range: No, Omni. Mr. Dawkins: I move that this be continued. Mayor Suarez: Item 13, Omni Area Redevelopment Tax Increment Trust Fund. Mr. Dawkins: Continue it to the next meeting because I got some concerns here. Mr. Plummer: Oh, OK, I'm sorry. Mayor Suarez: We have a motion to continue until the next regular session? Mr. Dawkins: Yes. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Mr. Fernandez: It's continued, yes. Mayor Suarez: Continued. If there is no further discussion, call the roll. MOTION TO CONTINUE UPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER PLUMMER, agenda item 13 was continued to the next regularly scheduled Commissioner meeting by the following vote of the Commission: 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. - 54 Ssptembor 14, 1909 4 a4iriwi�YYiY..�r.cal.titslrfb+�r:.at�yi.r.�ati.�i��.. �. w �.••.�i.il��ii�ii��'.arm+'c..�.u..r.�r.c.r..r..:.i..W.ru.�.r�a..a:.....:.d.,rr.�r..i..�.r'.a�.Z'.iii:�ra 19. SECOND READING ORDINANCbs Amend 10459 Require that Miami Waterfront Advisory board be informed, at the same time or before other City committees/boards, of all issues concerning major development/disposition of City -owned waterfront property. ------------------------------------------------------------------------------- Mayor Suarez: Item 14, second reading ordinance, establish the Miami Waterfront Advisory Board, requiring the Board shall be informed of all issues concerning major... this is a second reading. Mr. Dawkins: We withdraw that, the Manager withdrew that. Mayor Suarez: It's withdrawn, 14? Mr. Dawkins: Yes, he withdrew 14. Mr. Plummer: No, 14 on Consent. Mr. Odio: No, no, 14 on the Consent Agenda. Mayor Suarez: OK, this I think to tighten the quorum requirements, I guess, right, to said members of the Waterfront Advisory Board? Mr. Odio: No, well, they also want us to inform them of all issues concerning the major development... Mayor Suarez: Oh, I'm sorry, OK, to tighten our reporting obligation... Mr. Odio:... and/or disposition... Mayor Suarez: ... to you on issues that affect the waterfront. All right, and it is second reading. We previously discussed it and it passed unanimously. I presume all of you are here to strongly recommend this passage. Mr. Dawkins: Move it. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. If there is no discussion, we'll call the roll on it. AN ORDINANCE - AN ORDINANCE AMENDING ORDINANCE NO. 10459, ADOPTED JULY 14, 1988, WHICH ESTABLISHED THE MIAMI WATERFRONT ADVISORY BOARD, BY REQUIRING THAT THE BOARD SHALL BE INFORMED OF ALL ISSUES CONCERNING THE MAJOR DEVELOPMENT AND/OR DISPOSITION OF CITY -OWNED WATERFRONT PROPERTY FOR ITS INPUT AND ADVICE AT THE AYES: Coaaniaeioner J. L. PluMer, Jr. Coaiabiaher M. Athalia hinge Commissioner Miller J. Dawkina Vita 14ayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10638. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Suarez: Mr. Manager, you'd better investigate the Waterfront Board, there are some of them that look awfully well dressed. It makes me wonder where they are getting their income to dress with dapper jackets like that) You need not investigate Jack Luft, we know how he dresses. 30. FIRST READING ORDINANCE: Establish new special revenue fund: "Training Support Fund Region XIV FY189-90" - Appropriate funds - Accept grant award from State of Florida ($14,977). Mayor Suarez: Item 15. Mr. Odio: This is to establish a special revenue fund entitled: Training Support Fund from Region XIV. Mr. Dawkins: Move it. Mrs. Range: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, read the ordinance. Call the roll. Mr. Plummer: One more boost in the Police Budget. AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "TRAINING SUPPORT FUND REGION SIEVE 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 A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissioner Range 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 J. Dawkins Vice Mayor Victor De Yurre - Mayor Xavier L. Suarez NOES: None. ABSENT: None. i COMMENTS MADE DURING ROLL CALL: - Mr. Plummer: Yes, of course, give them all the money they need, and some they don't need. 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 September 14, 1959 ", -` MEW i �t 5 i' , . .: •..•�. ,• 's "••'�.•"•.,•."".wlti'•"••:•„`..••••i'GirfY+i.wi±i13144Unn1.LUIlYii.(SifeliW:ilitYiwiilli"•"'•'••••..,,.•"..mcYti�i.YY.�3iii6a'.�i.irGtcai.r�i'a.si.i:Yt.'Y.i:14ii.ILi.Yi�•. 3:1. 1119T LINO oRDIVANCE: #Aend 10404 Istablish new special revefto funds *Community Development Block Grant Appropriation ry-84" �► Appropriate $12,342#000 from CDSG funds and Program Income. Mayor Suarez: Item lip, first reading ordinance amending Annual Appropriations Ordinance for CDGS funding. Mr. Dawkinst Move it. Mayor Suarez: Moved. Mrs. Range: Second. Mayor Suarez: Seconded. Is that the yearly amount roughly now, twelve three: ` Mr. Odio: Yes, air.; f ,. Mayor Suarez: OK. Mr. Plummer: The department of "botellas." Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - 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 - FY18911; 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. r� Was introduced by Commissioner Dawkins and seconded by Commissioner Range 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 J. 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 CommissionSind to the public. ;r 32, FIRST READING ORDINANCE: Amend Code Chapters 2, 29 and 54: Administration, Landfills and Waterfront Improvements, and Streets and Sidewalks - Provide for increased fees (e.g. 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, etc. Mayor Suarez: Item 17, amending chapters, various chapters of the Code, regarding Administration landfills and waterfront improvements. Mr. Manager, do you recommend it? Mr. Odio: Yes, sir. Mr. Plummer: Move it. Mayor Suarez: Moved. Mr. Fernandez: As you consider it, Mr. Mayor, there is a minor modification that needs to be made, that is in page 8 of the ordinance, there was by oversight omitted sub -paragraph 10, which needs to be underlined, which deals with fees for ground water monitoring wells, each well, $50.00. That needs to be included. Mayor Suarez: Accepted. OK, with the modifications, we have a motion, do we have a second? Do we have a minute? Mrs. Range: I'll second. Mayor Suarez: Any discussion? If not, please call the roll. AN ORDINANCE ENTITLED - 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)l, 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; p 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. 58 September 14, 1989 Vitas introduced by Commissioner Plummer and seconded by Commissionee lange Afid vas paab6d on its first reading by title by the following .VOtOl' AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Mayor Xavier L. Suarez NOSS: Vice Mayor Victor De Yurre ABSENT: Commissioner Miller J. Dawkins 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. ri NOTE FOR THE RECORD: At this point, Agenda items 18 and 19 were withdrawn. 33. DISCUSS AND TEMPORARILY TABLE PROPOSED DESIGNATION OF DEVELOPMENT OF MELROSE NURSERY SITE AS A CATEGORY "B" PROJECT (See label 35). Mayor Suarez: Item 20, resolution designating Category B project, the development of 150 unit residential sales housing project at Melrose Nursery, Allapattah neighborhood. Mr. Plummer: Move it. Mayor Suarez: So moved. Do we have a second? Mrs. Range: I'll second that. Mayor Suarez: Seconded by Commissioner Range. Mr. De Yurre: I'd like to find out exactly where we are at with this. Mr. Odio: We are rescinding the prior City Commission legislative action which granted development rights to Melrose Townhomes Development, Inc. and the Allapattah Business Development Authority for development of the aforementioned parcel and what we are doing now is by designating this as a Category B project, we will assure that we can create the development of 150 unit residential by becoming the developer. The City will become the developer. Mr. De Yurre: Well, has that been decided already? Mr. Odio: No, you are going to decide that now. Mr. De Yurre: For the City to become the developer. Mr. Odio: Yes. Mr. Plummer: That's not in here. Mr. Odio: That's part of this Category B. - Mr. Herb Baileys That's Category B. We are asking for permission to go out for Category B project. Mr. P1, Commiss ss� Mr. $ailsy3 Oh, we have to bring it back before the Commission, yes. Mr. Plummt r: Well, let the ask you this question, because I think it's the point. What is that Process approximately cost the City to go through it? Mr. Baileys For us to become the developer? Mr. Plummer: Well, to go through the process, if in fact this Commission turns it doom at later time. Were we talking about $15*000 or $115,000? Mr. Bailey: Staff time only, Commissioner. Mr. Plummer: Is that $50,000, $20,0007 - approximately. Mr. Bailey: Well, you know, I can't answer that accurately, I don't know. Mr. Plummer: Well, I think in the future you ought to let us know. Mr. Bailey: We can try to do that. We can clock the time that we put in, that includes time for all departments. Mr. Plummer: Hey, none of our staff time around here, ain't none of them poor boys. Mr. Bailey: That includes our department, the Law Department and everybody that's involved, yes. Mr. Plummer: I understand, and tying them up from doing something else. Mr. Odio: But this is the only way we are going to make, we need to do something on Melrose site, we are having serious... Mr. Plummer: Well, hey, you know, they couldn't get the surtax, and that was the name of the gamel Mr. Odio: We having problems with keeping that property from derelicts and dumping garbage and trash. Mr. De Yurre: Why has it been, that this group failed? Mr. Odio: They couldn't get surtax monies. Mr. De Yurre: OK, is that the reason why all these developments failed because they just can't get the... Mr. Odio: They cannot get financing. Mr. Plummer: They were depending on that. Mr. De Yurre: Because I was talking to, I think CODEC showed an interest, I see Mr. Fabregas here, that they would like to look into, they feel that they can build it and I would like to hear from him to see if he has anything to say on that issue. Mr. Jose Fabregas: Mayor and Commissioner, my name is Jose Fabregas, executive director of CODEC. At this point... Mayor Suarez: You no longer work for the City, do you, Mr. Fabregas? Mr. Fabregas: No, I no longer work for the City. Mayor Suarez: You are the executive director of a nonprofit agency that is hopefully, successfully putting together a project for the City, right? - that being the Civic Center. (THIS ITEM MOMENTARILY TABLED) 60 r i� r Y.—iYaY-----iilliii4.f.iwi.wrirwirlir�r�.ir.ri.irli i.G�Y"r�YLiiw�flLY�wif4iiiY4 34, WAM CODE PROHIBITION (Section 2-302) = for procurement of professional services of Jose Fabregas as development consultant and conetruttiorh — supervisor of City-spohsored scattered site Affordable Homeownership Program, the St. Hugh Oaks Village Project and Melrose Nursery (See label 36). r.warri.rarc.riw-------------------------.rid-----i.bir.r....r...—r--...---------.r..-------r.�.nsrr.rar Mr. Fernandez: I suggest that Mr. Fabregas does not make any representation in behalf of anybody until you have addressed the item 25, which deals with a waiver for whatever conflict he has. Mayor Suarers I will entertain a motion on the waiver. Is that pursuant to the ordinance that allows for that? Mr. Fernandez: Yes. Mr. De Yurre: I'll move it. Mayor Suarers So moved. Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. Mr. Plummer: Item 25. Mr. Fernandez: We are dealing now in item 25, yes. Mayor Suarez: OK, for waiver just as to him, right? - as we've done with other people? Mr. Fernandez: What was that, sir? Mayor Suarez: It's a waiver as to him appearing before the Commission? Mr. Fernandez: Yes, correct. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-801 A RESOLUTION WAIVING, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION CONTAINED IN CITY CODE SECTION 20302 FOR THE PROCUREMENT OF PROFESSIONAL DEVELOPMENT CONSULTANT AND CONSTRUCTION SUPERVISING SERVICES OF JOSE FABREGAS, IN CONNECTION WITH THE DEVELOPMENT AND CONSTRUCTION SUPERVISION OF THE CITY SPONSORED SCATTERED SITE AFFORDABLE HOMEOWNERSHIP PROGRAM, THE ST. HUGH OAKS VILLAGE PROJECT AND THE MELROSE NURSERY. (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 61 September 14, 1009 .r.-- ro c...r..----........r..e.r -----......ara....---...—.r.i.r.----...��,c:cr:�..�h.i'. 35. (Continued Discussion) DISCUSS AND DEFER PROPOSED DESIGNATION OF DEVELOPMENT OF MELROSE NURSERY SITE AS A CATEGORY "B" PROJECT - Authorize advertisement seeking professional services from both profit and nonprofit agencies (See label 33). Mayor Suarez: Now, does he or does he not work for us? I keep hearing the Manager inserting into the record, or maybe not inserting into the certain record, but it may be getting into to the record that he works for us. Mr. Manager, what do you want to say into the record, sir? Mr. Odio: He's now, if you accept this, he's got a contract... Mayor Suarez: You are talking about Mr. Fabregas? Mr. Odio: ... for $20,000 a year. I don't know if he has a conflict now standing up there and representing CODEC on this project. Mayor Suarez: OK, now what are you talking about? Mr. Fabregas has a $20,000 consulting contract from the City? Mr. Herb Bailey: What you has just passed gives us permission to enter into an agreement... Mayor Suarez: Have you so entered into an agreement with Mr. Fabregas? Mr. Bailey: Not yet. Mayor Suarez: OK, we have... Mr. Fernandez: We are waiting, Mr. Mayor, the order or the sequence here should be that item 25 has been split actually into two separate items. The first one is the resolution waiving by four/fifths the conflict that he has by virtue of having worked for the City in the last two years. Mayor Suarez: Is that a conflict as to appearance before the City? Mr. Fernandez: Yes, that is also a conflict... Mayor Suarez: OK. Mr. Fernandez: ... as to appearance. Mayor Suarez: Or does it cover also a potential conflict as to be hired by the City? Mr. Fernandez: Those are two separate distinct conflicts that must be addressed separately. Mayor Suarez: But does the waiver apply to his being hired by the City? Mr. Fernandez: The waiver that you just waived right now, the four/fifths vote that you just took dealt with him being free to be hired by the City as contemplated in the second portion of that same item. You have a contract in front of you, a resolution approving a $20,000 a year contract. Mr. Plummer: $25,000. Mr. Fernandez: Twenty... Mayor Suarez: Is there anything that prevents him at this point from address the Commission on any issue the Commissioner or Vice Mayor De Yurre wants to ask him about? Mr. Fernandez: Yes. Mayor Suarez: What is that? 62 September 14, 1909 Mr, Fernandez: The prohibition that we have in our City Cede about any previous employee appearing, making any appearances in front of the City Commission within two years. You may also waive that by four/fifths except that was not part... Mayor Suarez: I thought that's what we were doing... Mr. Fernandez: No, no, no, what you have waived is this conflict to become rehired... Mayor Suarez: I understand that. Mr. De Yurre: Well, I move to waive... Mr. Fernandez: But that was not properly advertised and it requires the proper advertisement. Mr. Plummer: Can I make a suggestion that we take item 20 and defer it? Mayor Suarez: What is the point of ... yes, let's get into that. Mr. Vice Mayor, what is the point that you are going to make through the testimony of Mr. Fabregas, which barely at this point may be precluded because of an ordinance that we could waive, but we need to give notice, right? Mr. Fernandez: Yes, correct, and I'm sure we want to do everything properly. Mayor Suarez: Commissioner Plummer, is that the same reason you would want to delay action on twenty... Mr. Plummer: But you'd bog down in bureaucracy. Let's just defer it and get the thing straightened out, you know, not here. Mr. Bailey: May I clarify something for the record? Mayor Suarez: Yes, Mr. Bailey. Mr. Bailey: On July 13th, this Commission directed the Administration to come back with this idea that we have on the agenda today. We have been since 1983 had any number of so-called outside interests coming in, expressing their willingness and ability to do the Melrose Project. I don't think that anybody today would have any different kind of circumstances other than those, from those that have already appeared before us in terms of financing and trying to get the project done. The community which we promised in 1982 that we would have this project done is still waiting. Since then because of all of these so-called outside agencies coming in, making proposals saying that they can do it and haven't done it, the real estate now has become a problem to the City in terms of various Code violations. We have homeless tents there... Mayor Suarez: An empty property is a nuisance? Mr. Bailey: Yes, sir, because we have what we call homeless tents, we have prostitution, we have drugs and we have all kinds of public nuisances... Mr. Dawkins: We got prostitution on a vacant lot? Mr. Bailey: Well, grass is soft! Mr. Dawkins: OK, go ahead. I'm going to go see that. Mr. De Yurre: Mr. Mayor. Mayor Suarez: Yes, Mr. Vice Mayor. I'm going to say we understand the problem out there, Herb. Mr. Bailey: These complaints are a matter of public record. Mayor Suarez: Because one of the things that we could do if we were creative on that issue is to require that anyone who has an interest, any entity that has an interest at their own cost could make sure that they helpup to maintain the property and prevent that on it without giving them any further rights. A, Mr. Dawkins: Mr. Mayor, I'd like to say something and put it on the record. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I have said and I promised that we would have the Latin Builders' Association, HABA, I promised and the Black Contractors' Association to develop housing on this area. Now, I don't know what happened, I do know I dropped the ball because I did not constantly demand an update from the Administration, therefore I just went along assuming that everything was going according to the way we planned it. Now, as Mr. Bailey says we've got a problem in that none of us, I mean that I have not worked with the contractors, that is HABA and the black allied contractors to come in and develop this piece of property and the Latin Builders to do the speciality center in the Little Havana area, therefore, we don't have anything going for us, so all I need to know is, with this RFP, how do I put in it that those contractors who are going to build this development for the City of Miami must be local and by local I mean City of Miami businesses. I do not mean Hialeah as local, I don't mean Fort Lauderdale as local, I don't mean South Miami. Can that be done, air? Mr. Bailey: We specify in our bid documents for our contracting contractors whatever this Commission decides. We have done set -asides. Mr. Dawkins: Beg your pardon? Mr. Bailey: We have done set -asides. We've built the seven units in Liberty City on the set -aside. We have the Coconut Grove on the set -asides. We can put into the document specifying local contractors to bid. We can put into the bid documents specifying that they be minority. We can put into the bid documents specifying that they be Latin or black or women. Now, you are subject to challenge, but we can do it. Mr. Dawkins: Why am I subject to challenge? Mr. Bailey: Well, I'll let the City Attorney answer that. Mr. Dawkins: I mean, now I thought, now see, I thought we were going to develop it in the City ourselves to avoid challenge. Mr. Bailey: Well, we are the developers but we will have to bid out for the architects and for the contractors. Mr. Dawkins: What's wrong with bidding it out as a minority... no, no, what is wrong with bidding it out as a local City of Miami project? Mr. Bailey: Well, that's no problem, that's no problem. Mr. De Yurre: Mr. Mayor, I'd like to defer this item and for it to be brought back again at the next general meeting and give an opportunity for... Mr. Dawkins: Those builders to come in to help us. Mr. De Yurre: ... that they wanted to step in and see if it is feasible and in 30 days we can make a final determination. Mayor Suarez: Yes, Plummer had suggested that already. Mr. Dawkins: Uh huh. I agree. Mayor Suarez: And you know, we are all working with the same concerns. We are all working with the concern that two agencies have tried and neither one has been able to accomplish this, but we are also mindful of the fact that the City itself could take then a long time and if there if there is some other entities, also nonprofit that can work with us in getting this done, that is what we all want done. Anytime we defer an item, of course that could lead to another delay, but hopefully it will be just be a delay for one month so that we see if we can network in joint venture with these associations. If that complicates the process of trying to bring in the set -aside and the minority participation, Mr. City Attorney, we need to know that before we act on this. If on the other hand it helps us, that in fact the two agencies in question, let's say we are working with the Black Builders' Association and Latin builders, or Hispanic builders, then maybe we sort of by definition, we may be 64 September 14, 1989 able to get around that issue without having to specify set asides because we are dealing with those entities that have a 98 percent of their membership in fact, of the minority components that we are looking for, so please... Mr. Fernandez: So far the Commission has only instructed us to look at the local and working with local we don't have the problems that we would have... Mayor Suarez: I think the reason that we are saying local is that we don't want to come out and flat out and say minorities because of certain cases, but if by dealing with these two associations we in fact achieve the same thing, maybe we can without specifying a set -aside or even a minority goal, then let's try to do it that way. In any event, participate in the process and advise us so we can do what we obviously want to do. Mr. Bailey: Can I suggest, sort of clarify what's happening here? We only have two options. It was in 1983 when we came forward with a UDP (Unified Development Plan) because it's disposition of City land and that puts it open for competitive bidding. The other option is you can transfer it to a nonprofit corporation without bidding, if this Commission so desires. Now, as it relates to time, that... Mayor Suarez: And that is because we acquired it through the County condemnation proceeding, last time... Mr. Bailey: Well, for affordable housing, you have legislation on the books that gives you the authority to transfer for housing development only to a nonprofit without competitive bidding. We have done that on two occasions without any results. What happens when we do that, it requires several other activities. They then have to come back before this Commission and the Administration to present their plan for approval. They then have to come back before this Commission and the Administration to verify or validate the fact that they have adequate financing to carry out the project, or the capability to carry out the project. Mayor Suarez: And of course, they could take advantage of the City's ability to finance, as stated in this resolution. Mr. Bailey: Well, you know, we've already financed it by buying the land. Mayor Suarez: Right, but we are proposing by resolution, twenty, that the City would also be committed by $3.9 million in special obligation housing bonds for the construction fund and another $1,500,000 in City funded second mortgage home purchase financing from the '76 G.O. bonds. Hopefully that would be equally available to a nonprofit selected by us to do the same thing. Mr. Bailey: It is not, it is not. That fund is set aside for the City as a last resort developed to cover its construction costs and this cost whenever we have to do it. Mayor Suarez: Well, unless you are telling me that it cannot be, then I could see you applying to that system of a joint venture or a granting of the deed over to a nonprofit agency that could get this done quicker because even though two have failed, the private sector tends to do things a little quicker than we do. Mr. Bailey: On the record I would have to say in this particular case I am not at all convinced that a nonprofit or an outside agency can do it quicker. Mayor Suarez: I am not at all convinced that anybody can do at all and I've heard Commissioner Plummer say the that third option is to sell it outright which we may, it may be that the third try, if not the third option after this particular try if we have a consensus to try it the other way. In any event, I think mindful of that, Mr. Manager, this matter has to be resolved ultimately to go one direction or the other, or maybe even the third direction that Commission Plummer is talking about, which is to sell it by the first regular meeting in October, because we really cannot delay, even these 30 days are risky, so... Mr. Dawkins: All right, why don't we do this, Mr. Mayor, why don't we tell everybody who is interested to come here with your plans, your financing, and everything in place and that Mr. Bailey comes with his plan and everything in place and out of everything that comes, we are going to buy it and we'll go forward with it. 65 September 14, 1989 Mayor suareas That's right. Mr4 Bailey: In response to that, foaraissioner, you directed us to none f6rth with an alternate plan before. Mr. Dawkins: But we change direction every day, Mr. Manager. Mr. Bailey: I know, but you already have plan that we are ready. Now, if you want to make us... Mr. Dawkins: OK, and bring that one back with the rest of them. Mayor Suarez: For myself, also consider whether our plan cannot be combined with the nonprofit agencies discussed, which of course a way of making it more viable. Does that reflect the consensus? Mr. Fernandez: But if you do not accept what the Administration is suggesting to you by way of a category B and you recommend anything else, it would have to be readvertised and the RFP, it would have to be put out on an RFP, it cannot be automatically be given to one specific group. Mr. De Yurre: Well, how come Orlando Urra got the land pretty much without going up for any bidding or any proposal? Mr. Plummer: That was advertised. Mr. De Yurre: Was it? Mr. Plummer: Yes, twice. Mr. Fernandez: Sorry, Commissioner. Mr. De Yurre: Orlando Urra and his group they got the five acres. Mayor Suarez: For Fern Isle, is that what you are talking about? Mr. De Yurre: Fern Isle. What was the procedure used there? Mr. Fernandez: I don't recollect exactly right now, Commissioner, I don't know, I will have to look into it to the particulars to be... Mayor Suarez: Well, maybe we ought to advertise the two options then, Mr. City Attorney and Mr. Manager, so that we can proceed in either direction 30 days from today. Mr. De Yurre: It was my understanding that they got... Mr. Fernandez: If it is not a for profit... Mr. De Yurre: If something was advertised, it was well over a year ago and they haven't a year to get something going and they went to Washington to get some funding, they didn't get it and then they came up with this new proposal which was totally different. My question is whether, you know, if that is right, do we really have to go through this process of advertising. Mr. Bailey: To answer your question... Mr. De Yurre: Give it to me in writing. Give me a memo to that effect. Mr. Bailey: OK. Mr. De Yurre: OK? Mr. Bailey: Well... Mr. De Yurre: Because I like to have things in writing. _ Mayor Suarez: OK, on item 20,.. Mr. Plummer Deferred. 66 September 14, 1984 = Mayor guarers Is it the Comission's consensus that if indeed in the event that we select nonprofit agencies to work with the City in carrying this out 30 days from now when we meet that that requires advertising, that we instrUtt the Administration to proceed with advertising so we can at least consider that option? Mr. Plummer: And where you are covered both ways. Mayor Suarez: Thank you. Ott, and I build that into the motion. Mr. De Yurre: Yes, built in. Mr. Bailey: We have to advertise for profit and nonprofit or...? Mayor Suarez: Nonprofit, Herb, nonprofit. Nobody has talked about any for profit agencies at this point. Mr. Plummer: Give yourself some latitude, make it profit or nonprofit. Mayor Suarez: All right, if you want to go that way. Mr. Bailey: Well, the... Mayor Suarez: But that would not allow us to do it with our competitive bidding if it was for a profit agency. Mr. Dawkins: And a for profit agency... _ Mr. Plummer: But for advertising purposes it gives us the latitude. We can decide which way we want to go. Mayor Suarez: It is just that the parameters are quite different, but... Mr. Plummer: That's... no questionl Call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 89-802 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 20 (DESIGNATING DEVELOPMENT OF MELROSE NURSERY SITE AS A CATEGORY B PROJECT) TO THE MEETING OF OCTOBER 12, 1989 IN ORDER TO CONDUCT A FEASIBILITY STUDY AND FURTHER AU!fHORIZING THE ADMINISTRATION TO ADVERTISE FOR PROFESSIONAL SERVICES IN CONNECTION WITH SAID DEVELOPMENT SEEKING INPUT FROM BOTH PROFIT AND NONPROFIT AGENCIES. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSENT: Commissioner M. Athalie Range COMMENTS MADE DURING ROLL CALL: Mayor Suarez: I am going to vote yes, but I sure hope we get this resolved 30 days from today, finally and for sure. If those agencies really, including your associations, the builders associations really think they can do this, they better work with the Administration to see to what extent they can have accessible to them this financing, available to them this financing that we are talking about and they'd better have a watertight and airtight financing scheme, otherwise we will try with the City and hopefully by that time we will have a report on the St. Hugh's property which City is going to build on its own and I don't think we see to much housing going on over there either. 67 low 36. (Continued Discussion) AUTHORIZI AGREEMENT WITH JOSS FASRSGAS FOR PROFESSIONAL DEVELOPMENT, CONSULTANT AND CONSTRUCTION SUPERVISOR SERVICES - concerning development and construction of City -sponsored scattered site Affordable Homeownership Program, the St. Hugh Oaks Village Project and Melrose Nursery (See label 34). ----------------- -------------------- --------------- --- Mr. Fernandez: Mr. Mayor, if I my suggest to you that when you dealt with a waiver of four/fifths on item 25 from Mr. Fabregas, there was a second portion of that, or a second resolution attached to item 25, which is authorizing the City Manager to execute a contract with him for $20,000 a year, which was a specific purpose for which you passed a previous waiver. Mayor Suarez: OK, I thought the waiver was just so he could appear. Mr. Manager, you recommend the contract? Mr. Odio: Yes, the specific purpose of the contract is to develop the St. Hugh Oaks Village Project. Mayor Suarez: Oh, back to St. Hughs. Mr. Dawkins: Move it, move it. 1 Mr. Plummer: It's already been moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Mr. Plummer: It's already in the roll call, no. Mr. Fernandez: No, no, 25, there are two parts to 25. Mr. Plummer: I disagree with you. It is one thing in front of us. Mr. Fernandez: We distributed, Mr. Plummer. Mr. Plummer: I'm talking about the agenda. Mr. Fernandez: In the agenda you are correct. Mr. Plummer: What I voted on was item 25 on the agenda and I've already voted on it. Mr. Fernandez: So in essence what you have done is you have voted for both, both the waiver and the authorizing the City Manager to enter into a contract. Mr. Plummer: Exactly what the agenda item says. Mr. Plummer: OK, for a clarificatory motion, I'll entertain a clarificatory motion that would say that we are now... Mr. Plummer: So moved. Mr. Dawkins: Second. Mayor Suarez: ... reflecting for the record our endorsement of the concept of the contract. Moved and seconded. If there is no discussion, call the roll,* 60 64ptomber 14 1944 3 The follovittg resolution Free lat6duced by C6miikaimat PluftUtj Wha teed ite sdeptcrt�t RESOLUTION 90. 80-003 — A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE Cl" MANAGER TO MMCUT$ AN AGR$EMENT, IN SUBSTANTIAUT THE ATTACHED FORM, WITH JOSE PARRRGAS, FOX PROFESSIONAL DEVELOPMENT CONSULTANT AND CONSTRUCTION SUPERVISION SERVICES, IN CONNECTION WITH THE DEVELOPMENT AND CONSTRUCTION SUPERVISION OF THE CITY SPONSORED SCATTERED SITE AFFORDABLE HOMEOWNERSHIP PROGRAM, THE ST. HUGH OAKS VILLAGE PROJECT AND THE MELROSE NURSERY, FOR A PERIOD OF ONE (1) YEAR FOR A TOTAL FEE OF $20,000 WITH FUNDS THEREFOR ALLOCATED FROM CAPITAL IMPROVEMENT PROJECT NO. 321034, "SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner M. Athalie Range -------------------------------------- ----------------------------- 37. DECLARE U.D.P. AS MOST ADVANTAGEOUS METHOD OF DEVELOPING CITY -OWNED PROPERTY (Miami Marine Stadium) - for restaurant/marine service uses - Authorize R.F.P. for a U.D.P. - Set public hearing. Mayor Suarez: Item 21. Mr. Plummer: Move it. Mayor Suarez: Moved. Do we have a second on 21? Mr. De Yurre: Second. Mayor Suarez: Seconded. Any discussion? If not call the roll. The following resolution was introduced by Commissioner Pluffter, who mowed its adoption: RESOLUTION NO. 89-804 A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED LAND IS BY A UNIFIED DEVELOPMENT PROJECT (USP), AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSALS (RFP) FOR A UDP, AND CONFIRMING THE SETTING OF A PUBLIC HEARING FOR OCTOBER 12TH, 1989 AT 11:00 AM TO TAKE TESTIMONY REGARDING SAID RFP FOR THE DEVELOPMENT OF RESTAURANT AND MARINE SERVICE USES ON CITY -OWNED PROPERTY LOCATED ADJACENT TO 3601 RICKENBACKER CAUSEWAY MORE COMMONLY KNOWN AS "MIAMI MARINE STADIUM"; AND AT THE CONCLUSION OF THE PUBLIC HEARING AUTHORIZE THE ISSUANCE OF A RFP, SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINT MEMBERS OF A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY THE CITY CHARTER AND CODE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution 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 38. DECLARE U.D.F. AS MOST ADVANTAGEOUS METHOD OF DEVELOPING CITY -OWNED LAND (FEC Tract and adjacent deep water slip, and at Bicentennial Park) - Authorize R.F.P. for a U.D.P. for development of special public attractions, maritime facilities and services, public park, food and entertainment services - Set public hearing. ------------------------------------------------------------------------------ Mayor Suarez: Item 22. Mr. Plummer: Move it. Mayor Suarez: UDP. Mr. De Yurre: Is this the land where we have the Grand Prix? Mr. Plummer: That's correct. Mr. De Yurre: I just wanted stated for the record so it's clear that whatever is worked out there has to be worked in with the Grand Prix. Mr. Plummer: I would like to be, Mr. Mayor, on that committee, or to be consulted on that to work with that because it is very important. Mr. Dawkins: But, OK, under discussion... Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: What's the need of this, somebody tell me. ssss� Mr. Jack Luft: The City has been approached by a number of... Jack Luft, City Department of Development. The City has been approached by a number of private sector attractions, developers, who would like to work with property 70 September 14, 1989 along the waterfront to provide educational attractions for the City. In _ order to entertain their proposals and consider what they can provide us, we need to offer for a Unified Development Project to take a look at those proposals. Mr. Dawkins: What's the estimated value of that property? Mr. Lu£t: I would estimate it... Mr. Odio: We purchased it for $23#000,000... Mr. Dawkins: What is today's estimated value of the property, today's value? Mr. Odio: I would say $40,000,000. Mr. Dawkins: $20,000,000? Mr. Odio: At least. Mr. Dawkins: And what you are talking about putting there will bring us $40,000,000? Mr. Plummer: Lord, no. Mr. Odio: No, but it certainly will, what we are hoping to attract is there an aquarium that will bring at least 5,000,000 visitors a year. Mr. Dawkins: OK, I'm going to tell you and I told you before, OK? I feel that anything you put there should be for the use of the public. Mr. Odio: That's what it is going to be, sir. Mr. Dawkins: I do not intend to put anything there anymore to subsidize Bayside at all, OK? Now, if you are building something there in an effort to draw people downtown to go to Bayside, you lose me. Let's understand that, I want it clearly understood, under no circumstances are you to bring me something that you tell me that we are doing this in order to enhance the probability of people going to Bayside, OK? I don't want that. If you are going to take that public land and do something that enhances the profit and everything for the City of Miami, that's fine. Mr. Luft: That's what we are going to do, Commissioner. Mr. Dawkins: Now, what does this do in relationship to the Performing Arts Center? Mr. Odio: Well, the Performing Arts Center, there are five sites in downtown Miami that are being considered right now. One is the Omni site, which the Knight-Ridder has donated. Mayor Suarez: Mr. Manager, the question has to do with item 22 and if you want to talk about the Performing Arts site, we could refer... Mr. Odio: I am asking a question the Commissioner asked me, Mr. Mayor. Mayor Suarez: ... to the ones that have to do with this site, so that he can get an understanding of the relationship between the possibility of the Performing Arts site and this item. Mr. Odio: The Commissioner asked me a question and I'm addressing his question. Mayor Suarez: You don't have to explain all of the possible Performing Arta sites. The one he is concerned with is this lot, this property that we are dealing with here. Mr. Plummer: It is one of the sites under consideration. Mr. Odio: Fine, Mr. Mayor, it is not one of the sites under consideration. Mr. Plummer: The hell it's not. 71 September 14, 1909 Mr. Dawkinss OK, thank you, that's all. Mayor Suarez: OK, we've got a disagreement. Commissioner Plummer who sits on that Committee says it is one of the sites. — Mr. Plummer: Wait a minute... Mayor Suareat Does this not include Bicentennial Park? Mr. Plummer% No, not as a Performing Arts. Mr. Odio: This don't include Bicentennial Park. Mr. Dawkinss This is not Bicentennial Park? Mr. Odio: This is not Bicentennial Park, this is the FEC property. Mr. Dawkins: This is the FEC? Mr. Odio: FEC. Mayor Suarez: And there are no sites of the various ones being discussed that would be the FEC site? Mr. Odio: No, sir. Mayor Suarez: The formal presentations I don't think included one, J.L., on the FEC property. Mr. Odio: Does not. Mr. Luft: No, it did not. Mr. Plummer: You are talking about Bicentennial rather than FEC? Mr. Odio: I'm not talking... even Bicentennial was a proposal of some attorney, but it was not one of... Mayor Suarez: But it is one of the sites being discussed. Mr. Plummer: OK, the primary site is across the street, that's the primary site, across the street where the church is. Mayor Suarez: Right. Mr. Odio: But we're not talking about the Performing Arts. Mayor Suarez: OK, now we know what property we are talking about, we are talking about the FEC property, acquired at a cost of $23,000,000. We hope to make something there happen that would make it attractive to the general public, not because of Bayside, but just because we want people to use that when we spent $23,000,000 to acquire it. Would you believe this would get, would move us in that direction, Mr. Luft. Mr. Luft: That's correct. Mayor Suarez: OK, anybody have any problems with UDP? Mr. Plummer: No, the only thing I ask is that I be sitting in on that committee, that's all. Mr. Luft: You will, we will set up that committee and we will see to it that the Commissioner is notified of everything meeting. Be happy to sit down with the Commissioner at his convenience and go over the process. Mayor Suarez: OK. Mr. Dawkins: I have a problem with it and I will be voting against the motion. Mr. De Xurre: How much of a return are we getting on Bayside? Mr. Odio: We are getting... I believe next year we go to $1,000,000 a year. Mr. Do Yurre: We will make $1,000,0001 Mr. Plumart Whoa. Mr. Odio: The rent. Mr. Plummer: Whoa, whoa. Mayor Suarez: No, no, no, we started at three fifty... Mr. Odio: Six fifty, or... Mr. Plummer: Three sixty five. Mayor Suarez: ... and I think it hasn't yet, or if it's gone up to seven hundred. Mr. Odio: I think we are in six fifty right now. Mr. Plummer: Yes, but wait a minute. Mayor Suarez: About a million. Mr. Plummer: Victor, ask that question in another manner and you will get a truthful answer. Mayor Suarez: And Commissioner Plummer is going to tell you all the expenses associated with... Mr. Plummer: Exactly! What does the City net? Mr. De Yurre: Well, I'm looking at the net. Mr. Plummer: Net from Bayside. Big difference! Eighteen policemen ain't down there free of charge. Mayor Suarez: Oh, I thought they were working as volunteers. Mr. Plummer: Yes, ah hat They are sort as the same as the snow plow drivers on Flagler Street. Mayor Suarez: On this UDP, Commissioner Dawkins, I don't know if you want... Mr. Plummer: I didn't hear an answer. The question was, what is the City net from Bayside annually? Mr. Odio: I don't have the answer here. I'll get you an answer in writing. Mr. Plummer: Maybe we don't want to hear. Mayor Suarez: Then don't ask for it. Mr. Plummer: I didn't ask. Mayor Suarez: Item 22, once again, we have a UDP for the FEC tract. Mr. Plummer: I moved it, Mr. Mayor. Mayor Suarez: OK, we have a motion, do we have a second? Mr. Dawkins: I'll second it for discussion. Mayor Suarez: I'm hearing Commissioner Dawkins second for discussion. ,Mr. Dawkins. Mr. Dawkins: I have no problems with doing this, but if Bayside has a problem and we want to subsidize something, I want to subsidize the merchant who is trying to make it in Bayside, OK? Now, if Bayside has a problem, then the merchants have a problem, then somebody needs to cut the rent or something and then you got me. But when you tell me that we are going to... I mean, in my opinion now, that you are going to build this to compliment Bayside... 73 September 14, 1989 Mr. Duft: No, air. Mr. Dawkins: OK, no, no, and it compliments Sayside and the merchants keep going out of business in Dayside because they are not making it and the rent is too high, that is my only objection. Mr. Odio: This is part of the Downtown Waterfront Master Plan. Mayor Suarez: He wants to make sure that Downtown Waterfront Master Plan is not done to serve the interests of the Rouse Company and Bayside, but to serve the citizens of Miami. Mr. De Yurre: Maybe we should put that on Watson Island. Mr. Dawkins: Thank you, Mr. Mayor, that's allt Mayor Suarez: And of course, at this point, it doesn't involve any City subsidy for whatever we build there. Hopefully, we are going to get private monies to do it and will throw off some profit to the City. Mr. Dawkins: No, not hopefully. Put that in the RFP, UDP. Mayor Suarez: Yes, you are right, as a requirement... Mr. Dawkins: There will be no City or Federal subsidies. Mayor Suarez: Right. It has already been subsidized to the tune of $23,000,000 that it cost to acquire and it has been sitting there being basically a track for race cars.... Mr. Dawkins: With that provision, I can vote for it. Mayor Suarez:... and parking lot, OK, with that clarification we have a motion and a second. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-805 A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED LAND IS BY A UNIFIED DEVELOPMENT PROJECT (UDP), AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSALS (RFP) FOR A UDP, AND CONFIRMING THE SETTING OF A PUBLIC HEARING FOR DECEMBER 14, 1989 AT 11:00 AM TO TAKE TESTIMONY REGARDING SAID RFP FOR THE DEVELOPMENT OF SPECIAL PUBLIC ATTRACTIONS, MARITIME FACILITIES AND SERVICES, PUBLIC PARK AND OPEN SPACE, AND FOOD AND ENTERTAINMENT SERVICES ON CITY -OWNED PROPERTY LOCATED AT 701 NE BISCAYNE BOULEVARD, OTHERWISE KNOWN AS THE FEC TRACT AND ADJACENT DEEP WATER SLIP, AND AT BICENTENNIAL PARK; AND AT THE CONCLUSION OF THE PUBLIC HEARING AUTHORIZE THE ISSUANCE OF A RFP, SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINT MEMBERS OF A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY THE CITY CHARTER AND CODE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: 74 AftS: Commissioner J. L. Plummer, Jr. Commissioner M. Athaiie Range CoMmiasioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOBS: None. ABSENT: None. --------------------------------------------------------------------------- 39. (A) APPROVE, IN PRINCIPLE, THE 1989-1995 CAPITAL IMPROVEMENT PROGRAM. (B) REQUEST MANAGER TO REPORT ON FEASIBILITY OF PURCHASING A WATER WITCH TO PICK UP RIVER AND BAY DEBRIS. ------------------------------------------------------------------------------ Mayor Suarez: Item 23, approving in principle 189-195 Capital Improvement Program. This is a guide to the City agencies, boards and departments. Anyone wish to heard on this item? Let the record reflect no one stepped forward. Mr. De Yurre: Move it. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. If there is no discussion, call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-806 A RESOLUTION, WITH ATTACHMENT, APPROVING IN PRINCIPLE, THE 1989-1995 CAPITAL IMPROVEMENT PROGRAM AS A GUIDE TO CITY AGENCIES, BOARDS AND DEPARTMENTS. (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 J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Mr. Manager, on the Capital Improvement Plan, and not to change my vote in any way, or even clarify, because I have no problem with voting on a five-year plan, since we have to vote on individual items, do we include the purchase of equipment? That all of course, is all structural. Mr. Eduardo Rodriguez: Yes, we include some purchase of equipment, long term equipment. Mayor Suarez: OK, Mr. Manager, I would like the Commission to, well, I would like for myself, and hopefully the Commission would also like to have contemplated one item of equipment that keeps coming up as we meet with neighbors and that is the famous, I guess they are boats of some sort, floating devices that pick up... Mr. Odio: That's called the sea witch, the witch. Water witch, water witch. Mayor Suarez: The water witch? The witch, water witch, whatever it is, the skimmer? All right, we got two names for it. I think we know the basic 75 September 14, 1989 concept is a floating device that picks up and scoops up debris and apparently the only one that is available belongs to the County, we have to rent it or borrow it from them and I have a feeling with all the.., Mr. Plummer: No, they don't have a water witch, all they got is gust a.., Mr. Odio: They do, no, they do have a... Mr. Plummer: Well, they have just a landing craft that they use. Mr. Odio: They have something that I saw working in the canals in the northeast last week. Mayor Suarez: Which is the one that we had used to clean up Bayside? That has had to be borrowed. Mr. Odio: Coral Gables has one, Coral Gables has. Mayor Suarez: Coral Gables, they are the guys. In any event, the neighbors in the entire northeast all the way from the Omni to 87th Street... Mr. Dawkins: To Bayside. Mayor Suarez: ... and of course Bayside, have been asking about why the City doesn't have this equipment. I have heard at least one figure of $80,000, I don't know if that's at all the correct figure, but it would in view of all those little inlets that we have and the debris, the stench, the eyesore, the fact that they contribute I think even to vagrants using more some of those park properties, I would hope the Administration would consider purchasing one of those, I don't know what action it would take. Mr. Odio: Just for the record, it's not buying the equipment that bothers me, it is that then you have to man it... Mayor Suarez: You have to man it. Mr. Odio:... and it's the County's responsibility to clean the waterways. Mr. Plummer: Well, why not get a comparable of getting the outside private contract on a contractual basis. Mr. Plummer: Could we do that? I see a couple of volunteers to operate it. Alberto Ruder looks like he'd have no problem getting on top of that thing and maybe Ron Williams has got an expertise on all kinds of equipment and machines. Mr. Plummer: He is an expert on water witches. Mayor Suarez: Would you report back on that, Mr. Manager? Mr. Odio: OK, sure. Mayor Suarez: Thank you. 40. FIRST READING ORDINANCE: Establish appropriations for City of Miami Capital Improvements - Establish new capital improvement projects (fiscal year 1989-90). ------------------------------------------------------------------------------- Mayor Suarez: OK, item 24. Mr. Plummer: Move it. Mr. Dawkins: Second. Mayor Suarez: Item 24 has been moved and seconded. Any discussion? If not, please call the roll on item 24. Does anyone wish to be heard on item 24? Let the record reflect no one stepped forward. Read the ordinance, Mr. City Attorney. Call the roll. 76 September 14, 1989 ■ AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY OI' MIAMI CAPITAL IMPROVEMENTS; CONTINUING AND REVISING PREVIOtTSLY APPROVED SCHEDULED CAPITAL IMPROVEONT PROJECTS, ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1989-90; CONDITIONALLY REPEALING PROVISIONS OF ORDINANCE NO. 10521, AS AMENDED, THE 1988-1989 CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE; AND PROVIDING CONDITIONS; AVMORIEATIONS AND DIRECTIONS TO THE CITY MANAGER AND CITY CLERK. 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 J. 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. 41. ALLOCATE $10,000 TO AMIGOS DE CLAUDE PEPPER, INC. (to be paid on a reimbursement basis) - for placement of statue in Jose Marti Park. Mr. Dawkins: Mr. Mayor. Mayor Suarez: Yes, Commissioner Dawkins. Mr. Dawkins: Senator Pepper has been there looking at me long enough. Could we do whatever we can do to get him out of here, please? Mayor Suarez: Yes, what is your presentation, Lazaro? Mr. Plummer: No, no, don't do that) Mr. Mayor, I move that we allocate the sum not to exceed $10,000 for the erection of a statue of Claude Pepper in Jose Marti Park, in conjunction with the City Administration, I so move. If you let him up here talking, we're going to be here all day. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? If not... is that a model, or is that the statue? What scale is that? What is the actual statue going to be? Mr. Plummer: That's called "Walking Tall." Mayor Suarez: Four to one to that, maybe. OK, call the roll. The folitVing resolution #*a$ introduced by Commissioner Plummer, Oho moved ite adopt ioft t - ABSOLUTION NO. 89-807 A RESOLUTION ALLOCATING~ AN AMOUNT NOT TO EXCEED $109000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, AS A GRANT TO THE AMIGOS DE CLAUDE PEPPER PROJECT, INC. TO BE PAID ON A REIMBURSEMENT BASIS FOR THE PLACEMENT OF A STATUE IN JOSE MARTI PARK; SUBJECT TO AND CONTINGENT UPON SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Jose Marti Park. Mr. De Yurre: Who is that money going to now? Mr. Plummer: The money will go for the erection through City procedures, of course, it has to be. Mr. De Yurre: Yes, but no, for the erection, I want to know who is getting the money. Mr. Plummer: The money will be paid upon presentation of the bills. Mr. De Yurre: But to whom? Mr. Plummer: I'm assuming it is going to bid out or whatever it is going to be done is the normal procedure. Mr. Lazaro Albo: The statue has got a corporation, Amigos Claude Pepper. It will. pay for that. Mr. De Yurre: What is the name of the corporation? Mr. Albo: Amigos for Claude Pepper, Friends of Claude Pepper. He's raised already about $20,000, OK? Mr. Plummer: Yes, but Lazaro, the money is not going to be paid to the foundation, it will be paid upon presentation of bills. Mr. Albo: No, you get paid directly to the sculptor or you can pay, for the... Mr. Plummer: Lazaro... Mr. Albo: The base. Mr. Plummer: ... the money will be paid upon presentation of bills to the City not to exceed $10,000. Mr. Albo: OK, that is all right. Mr. De Yurre: I thought the sculptor was going to donate the work. 1= 78 September 140 1909 Vr 'A Mr. Plume r: Yes, that goes for the snow plows, Mr. De Yurre: Weil, wasn't he supposed to donate the work? Mr, Albo: I donate already about 200 people to donate. Mr. De Yurret No, no, the sculptor. Mr. Albo: No, he charged $30,000. This statue is nine feet, costs about $90,000 to $100,000. He donated his job and everything. Only the foundation in West Palm Beach costs $23,000. Mr. De Yurre: And you are going to present bills to pay for the... Mr. Albo: Yes, I will present bills, right. Mr. Plummer: That's it, it is just that simple. Mr. De Yurre: OK, I vote yes. Mr. Albo: OK, thank you very much. 42. (A) WAIVE CODE PROHIBITION (Section 2-302) - as it applies to Robert F. Clark, prior Assistant City Attorney. (B) AUTHORIZE CITY ATTORNEY TO ENGAGE SERVICES OF ROBERT F. CLARK AS SPECIAL COUNSEL - for total compensation not to exceed $60,000. ---------------- ------------------------------------------------------------- Mayor Suarez: Item 26. Mr. Plummer: I move it. Mayor Suarez: For Robert Clark, moved, waiving the provisions. Now, does this include any particular contract? Mr. Fernandez: Yes, this includes basically a letter of understanding which is the type of contract that the Law Department enters into whenever it retains consultants or outside attorneys and that. Mr. Plummer: He's working on specified projects? Mr. Fernandez: Yes, correct. Mayor Suarez: If you wanted to break up the two now, Mr. Plummer, I could certainly vote for the waiver. Mr. Plummer: What do you mean? All right, well, fine, I move the waiver, allowing Mr. Clark to be retained by the City, waving the two year requirement, I so move. Mayor Suarez: OK, taking that part of the resolution in part, we have a motion, do we have a second, on the waiver? Mrs. Range: Yes, I'll second it. Mayor Suarez: r The following resolution was introduced by Commissioner Plummer# who moved its adoption: RESOLUTION NO. 89-808 _ A RESOLUTION WAIVING, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION AGAINST THE TRANSACTION OF BUSINESS WITH A CITY OFFICIAL, AS SUCH PROHIBITION APPLIES TO ROBERT F. CLARK, WHOSE LAST SCHEDULED DAY OF CITY SERVICES AS AN ASSISTANT CITY ATTORNEY IS SEPTEMBER 15, 1989, FOR THE PROPOSED ENGAGEMENT OF THE SERVICES OF SAID INDIVIDUAL AS SPECIAL COUNSEL IN MATTERS PRIMARILY RELATED TO LEGISLATION AND SPECIAL PROJECTS HANDLED BY THE CITY ATTORNEY'S 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 J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: Now, let me ask this question, Mr. City Attorney. Mr. Fernandez: Yes, sir. Mr. Plummer: When you have stated for the record the $60,000, it is my assumption that you have identified work that equates itself out and that this fee is reasonable and justified in your mind for the benefit of the City. Mr. Fernandez: Yes, sir. Mr. Plummer: I so move. Mayor Suarez: So moved. Do we have a second? Mrs. Range: Yes, we have a second. Mayor Suarez: Seconded by Commissioner Range. Let me just say, I don't know if the last one consulting agreement of this magnitude, that we considered was Mr. Long's or if there was another one having to do with a planner... Mr. Plummer: Vince Grimm. Mayor Suarez: Vince Grimm, there was a planner too, a lady who was pregnant, I believe. Mr. Dawkins: Yes. Mayor Suarez: And I stated in all of those cases how I felt about it and that is that we ought to discourage consulting contracts of this magnitude. People should be encouraged, I think Commissioner Dawkins has also said this over the years, we have encouraged our departments to train young, new employees, young or old, I suppose, but new employees at fairly low rates of compensation to learn what others have been doing and pick up as soon as they retire and not just keep hiring people when they retire. I think a small contract would be acceptable to me, but that is not what is being presented here. $60,000 a year is a very, very nice salary as the market goes, and I could not vote for it in the case of someone who is also retiring and being compensated, or being paid retirement benefits at the rate of what, Mr. Manager? What are the retirement benefits for Mr. Clark? Mr. Manager? 80 September 14, 1969 9 Mr. Fernandez: My understanding is that they... Mayor Suarez: Mr. City Attorney, anybody. Mr. Fernandez: ... are approximately $60,000. Mayor Suarers And I want people to know that, because not too many cities have those kinds of retirements. Now, he has worked with us how many yearal Mr. Fernandez: Over 25. Mayor Suarez: And that should also be reported to the record. I for myself also want to say that whenever an off-the-cuff opinion has been required, he has probably been the quickest to provide it and the most knowledgeable, so there is no reflection on how I feel about Mr. Clark, but I cannot vote for a $60,000 contract for somebody who is already making $60,000 in retirement benefits. One does not preclude the other, right? Mr. Fernandez: No, not at all, and for the record, Mr. Mayor, what the resolution says is an amount not to exceed. I would certainly exercise my better administrative judgement and skills in making sure that if I can get all the services that I need out of Mr. Clark for an amount less than, I will certainly do that. This amount contemplates the maximum that I would be able to, but I am committed to you to if at possible, bring it in for much less than that like I've done many other instances. Mr. De Yurre: What is the hour rate? Mrs. Range: One of the other items I think we should look into is the fact that this is an open ended contract, is that right? Mr. Fernandez: No, this is only for one year maximum period. Mrs. Range: Oh, one year will be looked at after that, or do you plan to bring on younger people who will be learning as they go along in order to take up the slack here. Mr. Fernandez: Correctly. The purpose of this is a transition process to insure us that upon Mr. Clark leaving us within a year's period of time we will have acquired from him all the skills and the particular knowledge that he's obtained. Mrs. Range: Which is really in other words, a one time situation. Mr. Fernandez: Yes. Mr. De Yurre: What are the particulars of this arrangement? How many hours is he required to work for the City? Mr. Fernandez: We have agreed that he will provide for me services no less than 30 hours per week and he understands that at time I may need him to give me perhaps more than that and so the way that we have scheduled it or agreed upon it, is for fee not to exceed $5,000 on a monthly basis because if there is a month, for example, the month of August in which there is no legislative activity and no special projects going on, then perhaps he will be taking the whole month off and he will not be paid, so we are working on an arrangement of basically three to four days a week at no less than 30 hours per week. Mr. De Yurre: What does it amount to on an hourly basis? Mr. Fernandez: It amounts to less than $40 an hour and in comparison to all the other outside consultants that the Law Department uses, that is other outside legal counsel, the rate that we pay is over $120, $120 to $140, it fluctuates and so I believe that to obtain the full services of Mr. Clark for $40 an hour on the average is again more than a bargain for the City. Mr. De Yurre: OK, well, first of all, just for the record I have no problem with Mr. Clark getting his pension. He is entitled to that, he's worked many years for this City and given us a lot of service and he's entitled to receive that. By the same token, if we have the quality of an attorney such as Mr. Clark at a $40 an hour rate, which is about $200 less than the Mayor's rate, 81 September 14, 1989 LIU then I think we ought to go, I think it is the way to go. I think that it is a great deal for the City, hopefully within a year's time somebody would have been trained properly. Mr. Fernandez: Several people would have been trained. Mr. De Yurre: Great and then we can take on from there. Mr. Plummer: Just for the record, Mr. Mayor, one thing in this life you can't buy is experience and he has that experience, he knows how this City operates and he knows how to get around the bureaucracy which is very, very important. I really don't see any difference than another agenda item in here today in which we hiring an outside law firm and paying them $10,000 to act as a special consultant. Mayor Suarez: Which item is that? Mr. Fernandez: That was in the Consent Agenda item and that is for real estate transaction because my office does not do legal title opinions. Whenever we need a real estate transaction, we must go... Mayor Suarez: No one is a member of the Title Fund? Mr. Fernandez: It would be a conflict of interest for us, yes. Mayor Suarez: The City Attorney is usually... yes, that's a... Mr. Fernandez: Yes, it is about $300 less an hour than Mr. De Yurre charges, so... Mayor Suarez: Yes, I was going to, so long as we are into per hour fees here by attorneys, we can... in any event, also Mr. City Attorney, I would hope that regardless of how the vote on this comes out that we could form a pro bono committee of attorneys that would help in selected matters without charging at all, that from time to time they offer people like Lucia Dougherty, offer perhaps Bob Sechen, offer pro bono help to the City. Mr. Plummer: Yes, but Mr. Mayor, they are tied up right now driving the snow plows on Flagler Street and they just don't have any extra time! Mayor Suarez: Other than when it snows on Flagler, they have to use a snow plows, and seriously, quite a few, including from my own law firm, that would do it pro bono, some of the people in my firm that get involved in City legal matters occasionally create headaches for the City, one in particular that we all know about, Mr. Dan Paul, but he also tends to help protect the environment, whichever, we can... and certainly anyone from my firm would have to do it on a pro bono basis because of my sitting here, so... Mr. Fernandez: There are already a number of firms who are giving us what may be called modified pro bono. When a firm of the caliber of the firm of Joe Fleming undertakes to assist the City in the litigation of the Commodore Bay property... Mayor Suarez: That's sort of modified pro bono because they are not charging too much. In any event, I am thinking of pro bono pro bono all the way like no fees at all. Mr. Fernandez: But I'll welcome anybody's help. Mayor Suarez: All right, anything further on this item? Mr. Dawkins: Yes, sir. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: Mr. Manager, Mr. City Attorney and fellow Commissioners, for eight years I've sat here and complained about this procedure and for eight J years I've been forced to vote on it. Now how old is Mr. Clark? Mr. Fernandez: Sixty-two. Mr. Dawkins: Sixty-two, and he's been with the City 25 years. 82 September 14, 1989 s Mr. 'Fernandez: Correct. Mr. Dawkins: Now, it doesn't take much to know that eventually when Mr. Clark — reached 55, somewhere down the line, Mr. Clark would be retiring and somebody should have thought, especially when he reached 60 that soon he would be leaving and nobody took time to put in place an individual to work side by side with Mr. Clark to obtain the skills that Mr. Clark has so that when Mr. Clark leaves there would not be a void. And still we all had to be human and knew that eventually Mr. Clark might have had a heart attack and dropped dead. Now, in the event that Mr. Clark had had a heart attack and dropped dead, what would the Law Department have done for this expertise that they say he has now? Mr. Fernandez: Mr. Dawkins... Mr. Plummer: Mrs. Range and I would have had to excluse ourselves because it would have been a conflict of interest. Mr. Dawkins: See, all I'm saying is to all of you I am not going to vote for nobody else who retires from the City of Miami and is brought back as a consultant. I don't care what kind of expertise he has. This is the last time I will vote. If you do not know that somebody is old enough to retire or desirous of retiring, you don't even need to know that. At the college we �j cross people. If you are in one area, they cross you over with a guy in another area so if that person leaves for a better job, you can step in until they get somebody. All you got to do is cross -train people. I mean, and they do it everywhere but here in the City of Miami. Here in the City of Miami we just go along assuming, hey look, nobody else could do that but him and you don't put anybody... how many people have you hired since you have been City Attorney? Mr. Fernandez: Six. Mr. Dawkins: Six, and you could have taken any one of those six, in my opinion, that is now, and put them to work with Mr. Clark so they would have the expertise that he has so that he could have bought in, in my opinion, at a part time $30,000 consultant fee to assist that individual rather than in the $60,000. No further discussion. Mr. Fernandez: Mr. Dawkins, you are... Mr. Plummer: It could be that, because remember this number here is not to exceed. Mr. Fernandez: Mr. Mayor. Mr. Dawkins: Now, nobody says it more often than J.L. Plummer. Nothing is more permanent than something temporary and they would not have put $60,000 in here, according to J.L. Is theory if they had not planned to use it. Now, that's J.L. Plummer's theory. Mayor Suarez: Yes, I have never heard of a situation where we go up, we give flexibility to go up to a figure where the whole figure is not used up, I have to agree with that and let me just say too that the way it looks to a lot of people and it's a slightly unfair characterization, because he has earned his pension benefits, but the way it looks to a lot of people would be that he is making $120,000 to work part time for the City. That's what it will look like to a lot of people. Now, he's earned his benefits and it shouldn't be viewed that way, I suppose, but that's the way it is going to be viewed and I don't think that is right and I can't vote for it. Mr. Dawkins: And he has an expertise that we need, that we need! Mr. Plummer: Yes, but Mr. Mayor, in all fairness, in all fairness, the cost factor to the taxpayers of this town is still $120,000, OK? He's going to get his pension regardless, he is entitled to that and to replace him in the Law Department is another $60,000, so to fill that position and to fill that void, it is still $120,000 cost to the taxpayers any way you look at it. Mayor Suarez: I think the work will be spread around or new attorney could have been trained at $30,000. In any event... 83 September lk, 1989 f 3� 10. fljis, ftt%nga3 And Mr, Mayor it vie* of the fact, you know, this to all paaia of dig! hot hays trained attorneys; we take into consideration the fact that It is going to be specifically for one gear, then I think it's well that we do it this way rather than go out and try to get experts in the field and we never know what's coming up in the coming year and if we have Mr. Clark there with the stated salary or fee of not more than $60,000 and it is made very, very — plain to the public that it is going to be for this and there will be n6 cuing back, I'd think we'd do well to go along with this. Mr. Fernandez: Mr. Mayor, may I say something? Mayor Suarez% If there is no further discussion we will call the roll on this matter. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-809 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE SERVICES OF ROBERT F. CLARK AS SPECIAL COUNSEL IN MATTERS PRIMARILY RELATED TO LEGISLATION AND SPECIAL PROJECTS HANDLED BY THE CITY ATTORNEY'S OFFICE ON AN ANNUAL BASIS COMMENCING SEPTEMBER 18, 1989, WITH TOTAL _ COMPENSATION FOR SAID SERVICES NOT TO EXCEED $60,000 AND WITH MONIES 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.) 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 NOES: Mayor Xavier L. Suarez .UMc+.w�'.. .�=`=rya.�`:.�cu.r...1.rs.�:.ci.iw.a.w.�,..,�r.�r.i.._.ar..r.:.�.err►c..�a�ti:.c.�.•r.a..r.....�...u.i.a..:a..► --- -=.��.s.rirna.ar. 42. (A) DENY APPEAL OF MARTIN $USKIND - Uphold Public works Departmsht'k decision not to grant renewal of sidewalk cafe permit for La - Bread Station. (B) REQUEST MANAGER TO CONTINUE DISCUSSION AT NEXT MEETING CONCERNING AMBIENCE AND GENERAL CONCEPT OF SIDEWALK CAFES. ----------------------------------------------------------------------------- Mayor Suarez: Item 27 appears to be a personal appearance by Mr. Martin Suskind, is he here? Or can we take care of this internally? Mr. Plummer: Well, if he is not here, it's a request...? Mayor Suarers Something that has been resolved already, by any chance? Mr. Plummer: To appeal the denial. Mayor Suarez: No? Mr. Plummer: You are here? You'd better start talking, air. Mayor Suarez: Let's go. Mr. Plummer: Who is they? Mr. Martin Suskind: The Department of Public Works. Mayor Suarez: Do we have the matter settled, do we have a recommendation from Public Works? Mr. Plummer: Your appealing the denial is up to you sir to make your case. Mayor Suarez: To appeal the denial to renew the sidewalk cafe permit for La Bread Station, is that the name of it? Mr. Plummer: Yes. Mayor Suarez: Where is that located? Mr. Plummer: On Commodore. Let me ask a question first, the reason for the denial Mr. Gene Pelaez: It is a denial to renew the permit. The permit expired and... Mr. Plummer: Reason for the denial. Mr. Pelaez: Because of repeated violations to the ordinance. Mr. Plummer: That ordinance being what? Mr. Pelaez: Ordinance 50... Mr. Plummer: I don't need the number. What does the ordinance say? Mr. Pelaez: OK, the sidewalk cafe ordinance that limits the amount of space allocated to a specific establishment for use of the right-of-way to put their tables and chairs. Mr. Plummer: So are you saying then that he is using up more space than he is allocated? Mr. Pelaez: Yes, sir. Mr. Plummer: And because of that, you are denying his application in total? Mr. Pelaez: Yes, sir. Mr. Plummer: Not restricting it to that what the ordinance provides. 85 Mr. Pelaez: Not at this point. That has been done before to no avail. Mr. Plummer: Why would you not say to him. "Either, hey, you can only put X numbers, or you are going to lose your permit." Is that what you've done? Mr. Pelaez: We have done that first. Mr. Plummer: And he did not comply. Mr. Pelaez: That's correct. Mr. Plummer: So he suffers now the consequences. All right, thank you. Just for the record I wanted to bring up that I had been a constant complainer, not about him in general, but the Police Department sending two uniformed police cars in one month 171 times to talk about loud music, 171 documented times of sending police there. My statement at the time is still true today. I don't know whether the ordinance is right or wrong, but to tie up 171 policemen to address a loud music is absolutely ludicrous, so take it from there. Mayor Suarez: OK. Sir. Mr. Martin Suskind: May I address what you just said about the loud music? Mayor Suarez: Yes, state your name and address for the record. Mr. Suskind: Yes, .Martin Suskind, 3176 Commodore Plaza. What you just said about the loud music, I agree with you, it is ludicrous and it wasn't of course, just for the bread station. There has been police called to Coconut Grove for several years I guess, because of loud music. There's loud music in various parts of the Grove coming from loud cars, from car radios that loud besides the sidewalk cafes. The Bread Station is the oldest sidewalk cafe in Miami, not just Coconut Grove. They've had tables and chairs out front before the ordinance came into effect. There have been problems, as Coconut Grove has been growing, with Main Highway as well as Commodore Plaza with tables and chairs all over the streets, certainly not just the bread station. It is very difficult to keep the tables and chairs totally in the area that is required. Virtually every one, I believe it is every other sidewalk cafe has been cited for violations, for tables being moved out, chairs being moved out by customers. Mr. Pelaez: That's correct, sir, yes. Mayor Suarez: He said virtually every one, is that... Mr. Plummer: Then deny them all. Mr. Suskind: Yes, sir, I have copies of the other citations, but it is problem that the tourists and the people and the residents who do sit in those tables and chairs move the tables and chairs. It's a... Mr. Plummer: You've got to tell them they can't move them. Mr. Suskind: Well, I don't know how you can tell them that. I mean, we've tried, Mr. Plummer, we've tried on many occasions to keep moving the tables back. As soon as somebody gets up, they move the chair back. I don't think that is the problem. Now, where we are down at the end of Commodore Plaza, right off of Grand Avenue, we have the least traffic of the entire Grove. Main Highway and Commodore Plaza is the most trafficked area. That is where the most tables and chairs are. There are hundreds of tables and chairs there, so we all have a problem but it is a problem that has helped Coconut Grove and the City of Miami becoming what it is. I think most of the Commissioners have been to the Bread Station or seen the Bread Station. The loud music problem is totally solved, there is no more loud music coming from the Bread Station at all. And a lot of those occasions, the police did come to various other locations, the.... Mr. Plummer: Sir, can I cut you short... Mr. Suskind: Yes, I am just bringing that up because you mentioned it, that's all. 86 September 14, 1989 Mr. Plummer: Address the issue, that is that you are not in compliance because you don't restrict it to the area that you are designated. Mr. Suskind: Right, right, I will bring up an issue which is, I guess indirect, but it is direct. You more notified by the Hendricks' Collection of our violation. I have a copy of the memorandum that you then sent to the Department of Public Works. I want to state to you that the letter you received from the Hendricks' Collection was libelous and it is being handled properly now. The other gentlemen that was involved in contacting you I believe originally representing the Chamber of Commerce, which now I believe the Chamber of Commerce has told you that he does not represent the Chamber, Mr. Ted Stahl. Mr. Plummer: Sir, you are not speaking to the issue. Mr. Suskind: Yes, it is the issue, the issue... Mr. Plummer: The issue is that you are not keeping your tables and chairs in the designated area. Now, either tell me how you are going to do that, or I am going to move to uphold the appeal. Mr. Suskind: Right, the only way that I suggest the City does it is, we have two large... we have a large tree and a large planter in front of our location. The business to the left of us, which is an Italian ice cream place, they had a planter, they had their planter removed so they could have extra tables and chairs only two months ago. Eight weeks ago the Department of Public Works allowed them to remove the planter. Excuse me, sir, it was removed. The Department of Public... well, if it is on the record, Mario Pons supervised it. Mr. Plummer: All right, all right, fine, it was moved. Mr. Suskind: OK, well, we are very confined. If the City can a planter there, or even a temporary planter that we could put out, or we would manufacture it out of wood so at night we could move it in, we could then restrict the tables from going over that area. In other words, a six-inch wide planter box that we could move after the evening is over. Mr. Plummer: Will that work? Mr. Pelaez: I'm being told now that all the planters in that area are the same size. Mr. Plummer: No, I am assuming he is talking about a low-rise planter, it would designate the area in which he is supposed to operate, the people couldn't move the tables and chairs out. I am assuming that. Mr. Suskind: A movable one, sir, that we could move in at tonight. Mr. Pelaez: If this Commission wants to get into that, sir, you know, we have right now 13 sidewalk cafes in the Grove and our main problem is enforcement. If we are going to get into moving planters for allowing delineation of the permits, when specifically they are requested to provide a planter, the City when they take out their permit for this, at the beginning you know, it just becomes a... Mr. Plummer: I don't think anybody in this Commission would want to eliminate that which I think is a part of the Grove. It is part of the ambience, OK? But there has got to be some regulations! Now, what regulations are reasonable and enforceable to keep the thing going, but not getting out of hand? Mr. Pelaez: Commissioner, if I may, you know, we are not talking here... - Mr. Dawkins: Mr. Mayor... Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: Through you to the City Attorney. Mr. Fernandez: Yes. 87 September 14, 4909 i Mr. Dawkinst Did this go to court? Mr. Fernandez: Yes, it did, sir. Mr. Dawkins: Who took it to court? Mr. Fernandeat The gentlemen standing in front of you. Mr. Dawkins: All right, what was the verdict of the Court? Mr. Fernandez: The verdict of the court was that the City was proper in doing what it was doing and proceeding the way it was proceeding. Mr. Dawkins: If we operated and are operating within the law, what are we discussing, Mr. City Attorney? Mr. Fernandez: This gentleman has a right to take an appeal to this Commission from the actions taken, the proper actions taken by the Department and this is what you are doing. You are conducting a hearing in an appellate capacity to see whether you believe that your department has done the proper and right thing which has already been upheld. Mr. Dawkins: What did the court say we did? Mr. Fernandez: That you are right on. Mayor Suarez: Right on as to a temporary restraining order, is that correct? Mr. Fernandez: Correct. Mayor Suarez: OK, not the ultimate issue. Mr. Suskind: It wasn't for the ultimate issue at all, it wasn't discussed. We only asked... Mayor Suarez: OK, fine sir, we didn't ask you, we just want to clarify for the City Attorney and then as long as you agree with him, there is no need for you to further elaborate on that. OK, we also at some point should determine according to Mr. Clark, is that correct Mr. City Attorney, that in fact the refusal by the City to renew the license is proper even if we come up with some other kind of remedy for the future, or not necessarily? Mr. Fernandez: Correct, that is correct. Right now in front of you you must determine whether your department has acted properly. Mr. Plummer: So moved. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Mr. Fernandez: And deny the appeal. Mayor Suarez: If there is any discussion, if not, please call the roll on that. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-810 A RESOLUTION DENYING THE APPEAL OF MR. MARTIN SUSKIND IN CONNECTION WITH A PERMIT FOR A SIDEWALK CAFE IN THE RIGHT OF WAY ADJACENT TO 3176 COMMODORE PLAZA IN COCONUT GROVE (ALSO KNOWN AS "LA BREAD STATION") AND THUS AFFIRMING THE DECISION OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS TO DENY PERMIT RENEWAL OF THE SIDEWALK CAFE IN QUESTION. (Here follows body of resolution, omitted here and on . file in the Office of the City Clerk.) Be September 14, 1989 Upon being seconded by Commissioner Dawkins, the resolution was passed And adopted by the following vote: AYR9: Commissioner J. L. Plummer, Jr. Cotftissioner M. Athalie Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Now as to future arrangements, if any that can be worked out. Mr. Plummer: I'll move at this time that it be referred back to the Administation to come back at the next meeting with some kind of a plan that is workable, that it keeps the ambiance, but also regulates. Mr. Dawkins: I'll second the motion only if Mr. Suskind comes into compliance and wait until we get this. I will not second the motion if Mr. Suskind continues... Mr. Plummer: No, no, he doesn't have, he has nothing at this time. Mr. Dawkins: ... do what we are talking about. Mr. Fernandez: Point of clarification, Mr. Mayor. Mr. Plummer: He can't operate, Dawkins. Mayor Suarez: Let's clarify that, let's clarify that. Commissioner Dawkins wants a clarification that as of now he will not be able to operate. Mr. Odio: He is in violation right now. Mr. Fernandez: Point of clarification. By upholding your Department's decision and denying Mr. Suskind's appeal, any future action that you take does not apply or reflect in any way of all on this individual. That means that any future action that you may take, the Department must deal with him as with any other individual. Mr. Plummer: We've got to send a message to the others that are creating violation. Mr. Fernandez: Correct. Mr. Suskind: Another one has just been suspended, that's number two now that was just suspended the other day. I think we have to do something quickly, or you are not going to have any sidewalk cafes out there. Mr. Odio: Mr. Mayor... Mr. Suskind: And we can't stay in business, we... Mr. Plummer: Your sidewalk cafe is out of business for at least 30 days. Mayor Suarez: OK, and as to the general issue of sidewalk cafes and how to keep them in operation, Mr. Suskind, we are asking the Administration to in the long the lines proposed by Commissioner Plummer and seconded, to come back with the recommendations how we could further regulate it. Mr. Odio: In spite of the court ruling, he is still in violation. Mayor Suarez: Oh no, well that's now clarified that... Mr. Odio: As of yesterday he was in violation. Mr. Plummer: Well, excuse me, let me put it on the record. If this gentlemen is in violation from this day forward, don't come back in 30 days, because I am going to move to deny for not coming in with clean hands, OK? That's simple. 69 September 14, 1989 Mayor Suarez: Ott, the ordinance, or the modifications would be proposed as a whole scale and generic ordinance for all the other sidewalk cafes. I mean, l don't think we're... right, so by just understanding that, since he is in violation, a remedy that we seek as to him applies only to him and obviously it's the full enforcement remedies, I don't know what those are. Mr. Fernandez: Again, a point of order. The concept that law is res judicata, that means that as to this gentlemen, he does not have a permit. Mr. Plummer: That's correct. Mr. Fernandez: And in 30 days, you are not inviting him to come back and you are not suggesting that he reapply. So long as the director of the Department of Public Works determines that a permit is not to be issued to him, this gentlemen does not have a sidewalk cafe. Mr. Plummer: But it doesn't preclude him form applying under the new rules that we set. Mr. Fernandez: All right. Mayor Suarez: Yes, that is the idea, the idea is that we would change the ordinance and obviously he would be entitled to apply, OK? Mr. De Yurre: What happens if tonight there are chairs and tables out there. Mr. Fernandez: It is a question of enforcement of enforcement, I can't answer that. Mr. De Yurre: But what happens? How is it physically enforced? Mayor Suarez: No, he's in violation. Mr. Odio: We can send a truck and pick up all the tables and chairs. Mr. Plummer: Get 17 crack addicts from the other side of McDonalds and bring them over and sit them down there, that's all. 9 Mr.-Odio: We will pick up the tables and chairs tonight. Mr. Dawkins: Then you have to go over and you take them from there to jail. Mayor Suarez: Maybe there is even forfeiture provisions in the law. Mr. Odio: We will pick them up. Mr. De Yurre: On a nightly basis, stop by. Mr. Odio: Every time he puts them out, we'll pick them up. Mr. Plummer: And I want you to send the word to the other 13 that are in violation of what happened here today. Give them the gospel according to the City Commission. Mr. Pelaez: We will. Mr. Suskind: How long is this going to take for the new ordinance. Mr. Plummer: Thirty days we've asked for a report back, which we can instigate at that time. Mr. Odio: But even if we pass a new ordinance it would take two readings plus... Mr. Plummer: Not necessarily, we can do it on an emergency. Mr. Odio: Oh, OK. Mr. Plummer: The bread will rise or fall. 90 TIMAMON THE CITY COMMISSION WENT 114TO A LUNCHEON iS5 AT 11 t 5B A.M. AND RECONED AT 2 s 31 P.M., WITH ALL MSMIXIS Of? THR CITIt COMMISSION FOUND TO It 'PPIS T WITH THE EXCEPTION OF COMMISSIONER DAWKINS. 44. EXECUTE AGREEMENT WITH TERREMARK AT DINNER KEY, INC. €ot ekhibition/display of aviation artifacts as part of "City of Miami Aviation Historical Museum Exhibit". --- ..-------------- ----------------------------------------------------- Mr. Plummer: Can I gat these out of the way? Mayor Suareat Yes, Commissioner Plummer. Mr. Plummer: (READS RESOLUTION INTO THE PUBLIC RECORD, SEE R-89-811 HEREINBELOW) It comes with a recommendation of the Manager, I so move, sir. Mayor Suarez: So moved. Mr. De Yurre: Seconded. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-811 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH TERREMARK AT DINNER KEY, INC. FOR THE EXHIBITION AND DISPLAY OF AVIATION ARTIFACTS AS PART OF THE CITY OF MIAMI AVIATION HISTORICAL MUSEUM EXHIBIT. (Here follows body of resolution, omitted here and on irimr.ii l�5Yii176Y..bra.raiii.raiY.r..w..'..a.Larr9LiafrwiiiYGa i'..rr.rrr.w.r.-W.-------- ------.rr�. 4S. AVTWORIZS AMENDMENT TO CONCESSION AGREEMENT BETWEEN THE CITY AND ,IERRY'S, INC. TO TERREMARK AT DINNER KEY, INC. - Authorize deletion and replacement of Exhibit C of Agreement for a new Exhibit C-1 - Authorize Manager to redesignate area identified in new Exhibit C-1 as parking area to be provided by the City and improved by the tenant (pursuant to lease agreement between City of Miami and Bayshore Properties, Inc., and assigned by Bayshore Properties, Inc. to Grove Market, Ltd.). ----------------------------------------------------- Mr. Plummer: (READS RESOLUTION INTO THE PUBLIC RECORD, SEE R-89-812 HEREINBELOW.) It comes with the approval of the Manager, I so move. Mayor Suarez: So moved. Mr. Manager, you recommend this? What is this, is it an assignment of parking rights, is that what it is? Mr. Plummer: It transfers. NOTE FOR THE RECORD: COMMISSIONER DAWKINS ENTERED THE MEETING AT 2:39 P.M. Mr. Dawkins: What now? Hold it, hold it. Explain that to me. Mr. Plummer: Can I do it quickly? Mr. Dawkins: Very quickly. Enter, enter. Mr. Plummer: Very quickly, under the agreement with Terremark, excuse me, with the Market Place next to Monty's, we were to provide parking in front of Merrill Stevens on Bayshore Drive. That is valuable property. Terremark, operating J.P.'s at the auditorium needs parking in front of that restaurant, it is a proposed even swap that they will vacate their rights on Bayshore Drive for parking and put those parking rights here in the auditorium parking lot. Mr. Dawkins: Thank you, that's enough of an explanation. Mrs. Range: I'll second that. I'll second that. Mayor Suarez: Moved and seconded. What is the term of that now that it is assigned? Mr. Plummer: I think it coincides with the original lease. don't know. Mr. Dawkins: And the Manager recommends this? Mr. Plummer: Sir, it was handed... How long is it, I Mr. Dawkins: No, no, no, Mr. Manager, you recommend this as a fair and even swap? Mr. Odio: Yes, sir, I'm recommending this. Mr. Plummer: Mr. Commissioner, I would say it is better than that, because what we are doing, we're... Mr. Dawkins: Mr. Plummer, OK, after the vote, I'll talk to you. Mr. Plummer: We're regaining the Bayshore frontage and not making it a parking lot. I think that is a better than even swap. Mayor Suarez: And what is the term again? 92 Mr, Plummert How long is the lease? Mr. Fernandez: For the term of the J.P. lease which goes all the way through, still has 17 years to run. Mr. Plummer: You have the same obligation in front of Merrill Stevens. No, I think that's a little bit longer, the Bayshore Market. Mayor Suarez: Why was that lease so long? Was it a 20-year lease before? Mr. Plummer: They coincide, that's the important thing. Mayor Suarez: I am just trying to figure out why we would have ever gotten into a 20-year lease arrangement. Mr. Plummer: Why we would or would not? Mayor Suarez: Why we would have. Why we did that. I presume it was the old J.P.'s, right? Mr. Plummer: Oh, wait a minute, Mr. Mayor, I think to answer your question, everything along the water here has been scheduled for the year 2007, as I recall, and that's the 17 years, so that in the year 2007 every one of the leases that exist from the Peacock... Mayor Suarez: And it is not every one, but we've tried to... Mr. Plummer: Most of them. Mayor Suarez: Yes, we also have a system of now going for much shorter leases for any concessions of that sort. I presume this is an all long standing lease that was assigned by the old concessionaires at J.P.'s to... Mr. Odio: I checked this out, Commissioner Dawkins, through lunch again and the problem is that we have it in this place now with the increase in size, is that we are really going to have a problem in parking because of the increase in size in the marina and the increased size of the Exhibition Center. We really have a problem. Mayor Suarez: For the benefit of the general public including former Mayoral candidate Arthur Teal, who is with us today, want to be sure that we understand that these were leases entered into previously many years ago and I think not wisely in terms of the term. I think they should be much shorter terms and we now have all kinds of provisions when we do enter into leases of this sort that allow us to go in and take the property back by paying only the unamortized cost of improvements made, subject to our approval and we have all kinds of other provisions to protect ourselves in the old days, was in that case probably even before Plummer got here actually. That's a long time ago. Mr. Plummer: There was nothing here before Plummer got here. Mrs. Range: There were a few things here before Plummer got here. Mr. Plummer: That's right, yes, you are right! Mayor Suarez: Interrupted in time for some period, but there she is, back again. All right, we have a motion and a second. Any further discussion? If not, please call the roll. 93 September 14, 1989 The following resolution was introduced by Commissioner Pl er$ Vhd moved its adoption: RESOLUTION NO. 89-812 A RESOLUTION WITH ATTACHMENT, AUTHORIZING AN AMENDMENT TO SECTION 19, "PARKING," OF THAT CERTAIN CONCESSION AGREEMENT DATED SEPTEMBER 25, 1979, BETWEEN THE CITY OF MIAMI AND JERRY'S, INC., AS AMENDED, (THE "AGREEMENT"), ASSIGNED BY JERRY'S, INC. TO TERREMARK AT DINNER KEY, INC., ON NOVEMBER 26, 1986, SAID ASSIGNMENT BEING APPROVED BY THE CITY OF MIAMI PURSUANT TO THAT CERTAIN CONSENT TO ASSIGNMENT DATED NOVEMBER 26, 1986, TO DELETE AND REPLACE EXHIBIT C OF THE AGREEMENT WITH A NEW .EXHIBIT C-1 AS ATTACHED HERETO; FURTHER AUTHORIZING THE CITY MANAGER TO REDESIGNATE THE AREA IDENTIFIED IN THE ATTACHED EXHIBIT C-1 AS THE PARKING AREA TO BE PROVIDED BY THE CITY AND IMPROVED BY THE TENANT PURSUANT TO THAT CERTAIN LEASE AGREEMENT DATED SEPTEMBER 20, 1985 BETWEEN THE CITY OF MIAMI AND BAYSHORE PROPERTIES, INC. ASSIGNED BY BAYSHORE PROPERTIES, INC TO GROVE MARINA MARKET, LTD., ON MARCH 16, 1986, SAID ASSIGNMENT BEING APPROVED BY THE CITY OF MIAMI PURSUANT TO THAT CERTAIN CONSENT DATED MARCH 13, 1986. (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. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Dawkins: On the strength that the Manager recommends it as an even swap, yes. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: What is the scheduled opening date of the new restaurant? Mr. Odio: I met with them, 23rd. Mr. Plummer: No, the before, October 7th or the loth, I believe. Mr. Odio: I thought the... 45.1 BRIEF COMMENTS: (A) ASTA Convention; (B) CAMACOL Hemispheric Congress. ------------------------------------------------------------------------------ Mayor Suarez: OK, because that I was going to ask, is it going to coincide with the ASTA convention? Mr. Odio: Yes. Mayor Suarez: That's smart. Mrs. Range: And when is going to be opened to the public? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. 94 September 14, 1989 = !' W Mayor Suarez: When is that? When is the ASTA convention? We are getting answers except what we want. Mr. Odio: 23rd of October no, we expect the restaurant to be opened at least, yes, that day. Mayor Suarez: In time for the ASTA convention, which last time we looked had been sold out, as to the display areas, that's all very encouraging. Mr. Plummer: By the way, Mr. Mayor, for my colleagues on the Commission that didn't make it last night, the Hemispheric Conference of CAMACOL is just, it is jammed with people. There is really a tremendous turnout for that thing and of course, they have things running up until Saturday night. 46.GRANT REQUEST BY CARNIVAL DEVELOPMENT COMMITTEE FOR STREET CLOSURE - concerning Columbus Day Weekend Parade (See labels 50 & 59) ------------------------------------------------------------------------------ NOTE FOR THE RECORD: No one appeared on item 28. Mayor Suarez: Item 28, West Indian American Day Carnival Association of Greater Miami, Adwyn Thomas. Who do we hear from first? Do we have Mr. Thomas of the West Indian American Day? Did you want to address anything he would have said or... Mr. Plummer: No. they're a counter group. Mr. Franklin Smith: I am from the CDC. Mayor Suarez: You are the competing... Mr. Smith: The Carnival Development Committee, the other group. At our last meeting in May... Mayor Suarez: You know, if they're not here, they're not likely to get whatever it is they're seeking. Mr. Smith: I know sir, but I'm not concerned. I am just trying... Mayor Suarez: Why don't you put your name in the record. Mr. Smith: Franklin Smith, president of the Carnival Development Committee, Inc. On the last meeting that we had here with the Commissioners for Margaret Pace Park, our parade route was not ready, finalized and it was said that it could be handled through interoffice. Well, I was at the police... Mayor Suarez: I would hope that parade routes could be handled administratively, we don't have to decide all of that here at the Commission level. What is pending on this? Does anyone... Mr. Plummer: Our concern as I recall was crossing over Biscayne Boulevard. It was a four-hour parade, is that correct? Mr. Smith: Yes, sir. Mr. Plummer: And of the four hours, a great number over main arterials was our concern. Did they meet with the Police Department? Mr. Smith: Yes, I met... Mr. Plummer: Now, this is not the West Indies, this is... Mr. Smith: The Carnaval Development. Mr. Plummer: Well, may I suggest what you do is to show that route that you are now proposing to the Police Department because four hours of tying up main arterials, what day of the week? Mr. Smith: Sunday, October 8th. 95 September 14, 1989 E 1W Mr. Plummers On a Sunday. Lt. Longueira: He's talking about tying up Ind Avenue and oroeeiag the boulevard. Mr. Plummer: OK, do you approve it? Mayor Suareas It's not four hours, though. Mr. Plummer:. Yea, the parade itself is four hours. Mr. Smiths Within four hours, within four hours. Mr. Plummer: It's four hours. The problem was... Mayor Suarez: You need a four hour span of time, but you won't use up the actual four hours. Mr. Smith: No, we would not use up the actual four hours. Mayor Suarez: I can't imagine it would take four hours to go through. Mr. Plummer: Mr. Mayor, not this group, but the problem incurred in the past has the people were supposed to start at 8:00 o'clock in the morning, they didn't start until 11:00, and that's when they started their four hours running, so I'm not going to... Mayor Suarez: No, in this case, they would only then have an hour left if they did that. Mr. Plummer: Well, that's correct. Lt. Longueira: Now, Commissioner, these are two differ different ones now. The one you are talking about is the one by Bicentennial Park, the West — Indies. This is a different group that's up by 36th Street, coming down 2nd Avenue, going into Margaret Pace. Mr. Plummer: Do you approve or disapprove? Lt. Longueira: We'll approve it. Mr. Plummer: All right sir, and what are the hours of the four hours of maximum they can be there? From what time to what time? Because at the E deadline, that's it, the parade disbands. Lt. Longueira: Noon to 4:00 p.m. Mr. Plummer: Now, you got to pay for the police. Mr. Smith: Ye sir, we know that. We know that. Mr. Plummer: Mr. Manager, do you concur? The Police Department says OK, do you say OK? Mr. Odio: This is on the... Mr. Plummer: This is on the Columbus Day. Mr. Odio: Are you OK, Joe? Lt. Longueira: Yes. Mr. Odio: OK. - Mr. Plummer: I move it, Mr. Mayor. Mayor Suarez: OK, have we not moved this before, or are we now approving specific times and all of that? Mr. Plummer: No, we are actually approving a new route. a; 96 September 14, 19 � � ..�.: _ � vMt+i.lafwM+•uwiati+88Wtlf- "• Mayor Suiraaz: All right. So moved, Mina. Mange: Second. Mayor Suarez: Second. Mr. Plummer: Please give one to the Clerk, sir. Give one to the Clerk ae.s Mayor Suareas If there is no further discussion, with the recwmnendatibn of the Manager and the police liaison. Mr. Fernandez: What item is this, Mr. Mayor? Mayor Suarez: This is... Mr. Plummer: It is being done under 28, but it is not 28. Mayor Suarez: You know, it is the kind of thing that really we should be able to do administratively. OK, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-813 A RESOLUTION CONCERNING THE COLUMBUS DAY WEEKEND PARADE TO BE CONDUCTED BY THE CARNIVAL DEVELOPMENT COMMITTEE ON OCTOBER 8, 1989, AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; CONDITIONED UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND THE REQUIREMENT THAT THE CITY 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 Range, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Smith: Thank you, Mr. Mayor and God bless you all. 47. GRANT FUNDING REQUEST FROM SUNSTREET FESTIVAL BOARD - Allocate $20,000 ($10,000 as one of eight community cultural events and $10,000 from monies designated from community cultural events). ------------------------------------------------------------------------------ Mayor Suarez: Item 29, Essie Silva. Mr. Plummer: Essie is here, I saw her. Mrs. Range: Ms. Silva. Mr. Plummer: Oh, there she is. Essie, come on. Mayor Suarez: Silva, you are on. 97 Me, Rests D, Silva: good afterhoon, my name is Basis D. Silva, 29SI 1W 168th Street and before 1 get into talking about Sunstreet, I want to thank you for all your support over the years, particularly the last three years where it was so smooth and so beautiful and we've seen some growth and i want to again, because I've done it in writing, but I want everyone to know how grateful we are for your support. Sunstrest festival is a black heritage experience. It In not just dancing in the streets, it is something to help us pull out of our poverty and rejection and disillusionment in the black community. It highlights those businesses in the black community that hopefully we will get people to come back in and spend dollars from all of the ethnic groups so that we can build a confidence... Mr. Odio: This is part of the $200,000. You have to decide how you are going to distribute... Me. Silva: Nobody is listening to me... competence and services. Mayor Suarez: Bssie, let me inquire... Ms. Silva: We are asking for... Mayor Suarez: ... for a second about the festival funding policy budget. Is this included in the present cycle? Is it recommended, is it not recommended? Mr. Odio: No, the problem, Mr. Mayor, I... Mayor Suarez: Well, is it being reduced over time inexorably in accordance with our formula, is that the problem? Mr. Frank Castaneda: That is correct. Mr. Odio: But Mr. Mayor, the problem... Mayor Suarez: But it is still in the funding formula, they are saying. But it is not? Ms. Silva: Yes, it is. Mr. Odio: Are they part of the funding? Mr. Castaneda: Yes. Mr. Odio: And reduced it? Mr. Castaneda: Right, remember, they get reduced 20 percent every year. Mayor Suarez: They all started at $40,000 and get reduced 20 percent every year. Mr. Castaneda: Their allocation for 189-190 would be $10,000. Mayor Suarez: OK, that's approved allocation within the $200,000. What about what new... Mr. Castaneda: That will be allocation coming October lat. Mr. Odio: Nov, you need to... _ Mayor Suarez: OK, what new festivals have we recommended to fill in the... Mr. Castaneda: That issue will be discussed October 1st. Mayor Suarez: We haven't yet? We have not yet, OK. But this conceivably could come in under new allocations even though it is an existing festival. I don't think we have ever precluded that. Mr. Plummer: That was not the intent. Mayor Suarez: That was not the intent. I Mr. Plummer: No. I f 98 September.140 1909 Mayor Suarets We were saving $40,000 that we could allocate to other festivals. All right, I'm sorry, go ahead. Mr. Plummer: Sssie, hour much are you asking for? Ms. Silva: $20,000 in services, not money. Mr. Plummer: That means I don't know where the rest of it is coming from. Ms. Silvan We are not asking for money, we are asking for services, in kind, support, the type of thing that we need in the community, otherwise we can't have anything. Mr. Plummer: Essie, then if you are asking for the in -kind like the police, you better ask the police. Ms. Silva: No, I have to ask you, you know that, and I know that. We're asking you to try... Ms. Range: In addition to the police, what else are you asking for, Ms. Silva? Ms. Silva: I'm sorry? Mrs. Range: In addition to the police protection, what else are you asking for, in kind? Ms. Silva: Fire, cleanup, and barricades; that's all, nothing else. Mr. Plummer: Ms. Range, there is the number there. They are asking for $14,000 in in -kind. Mayor Suarez: On solid waste, is there any possibility of getting a bond deposited so that you could do your own pickup as we have done in the past and then waive the City services? Ms. Silva: We always had the City service. Mayor Suarez: Right, but there's... we've provided to many, many organizations the ability to post a bond for the estimated pickup and if they do their own pickup, they get their money back. Ms. Silva: Yes, but we've never been able to find anyone to do that. Mr. Dawkins: But it's impossible... Mayor Suarez: It is impossible when... Mr. Dawkins: Hold it, hold it. Mayor Suarez: You are saying the parade is that large? Mr. Dawkins: It's impossible for this group to say that they are going to clean up as sanitation employees come by with people, sweepers and etc. and clean up. It just can't be done, so don't you stand here and put yourself in that position that you are going to attempt to do something we can't do, OK? Ms. Silva: No, you are correct. Any questions? Ms. Range: Mr. Mayor, you said that there is $10,000 available in cash. The total amount... Mayor Suarez: By the way Commissioner, it's the same thing whether it is in cash or in -kind, because they have to pay those services in any event. Mr. Plummer: No, excuse me... Mrs. Range: No, that's not what I understood. Mr. Plummer: Ms. Range, for your edification... Mayor Suarez: Actually, it is a little bit more if it is in cash. 99 September 14, 1909 Mr. Plummer: . , . the difference is a big difference and it's this, If they pay for the police, they pay a straight time. If the City gives the money, it then becomes time and one-half, that's under the union contract, so there is a big difference of who pays for the City employees. Mrs. Range: I see. Mayor Suarez: And in any event, somebody has to, there is no way around that, we've been... the only things that can be waived are the rent for facilities that presumably are now worn out. We have occasionally allowed a posting of a bond for the solid waste services and sometimes we work to reduce the amount of police and solid waste and fire services that are needed. Sometimes they get a little bit exaggerated in the estimates that we get here and we try to work to reduce that. Those are the things that we are able to do and the rest is got to be just cash and we do have a festival policy committee. I'd have no problem reinstating some of the money that we had previously given Sun Street. It's a long standing festival. Maybe we could take them back up to the level of 20, but that would be from next year's forty, take ten from next years 40 and then from ten from the existing funding. That would be possibility if the Commissioners want to do that. Mr. Frank Castaneda: Commissioners, let me try to clarify. The $10,000 that I'm talking about is the $10,000 that they will be getting... Mayor Suarez: But they would be entitled to and then $10,000 of the other forty. Mr. Castaneda: ... entitled in next year and we will be coming to the Commission on the first meeting in October with another allocation. Mayor Suarez: OK, do you want to... Mrs. Range: Well, Mr. Mayor, I should think if you would give them... Mayor Suarez: ... move that? Mrs. Range: Yes, if you would give them the $10,000 at this point and supply the other from next year's or from the coming years, it would certainly give the committee time to work out other ways of getting more funds, so I'd go with that. Mr. Plummer: The problem is they have no allocation for last year. This is their last year. Mayor Suarez: No, no, it is all money coming from the fiscal year that begins October 1, but it's just that $10,000 that they were entitled to under the old formula, let's look at it that way, and $10,000 under... from the forty that will become available. Mrs. Range: Surely, that's plenty. Mr. Plummer: Mr. Mayor, so that there is no misunderstanding, this is the last year of their allocation under the forty percent reduction, twenty percent a year, so it is nothing that you can, you know, based on next year, they have nothing available to them, they are out of their forty. Mayor Suarez: Right, as of this year, they are at $20,000 funding, if this motion passes... Mr. Plummer: No, ten. Mayor Suarez: ... but since they were at ten, under the old formula they would be at zero for next year, so what we are trying to send a message is, self-sufficiency so that we can fund new programs if the Commission wants to maintain that policy that no group will continue receiving funding forever and ever. They will slowly be reduced down to zero. You would be at zero... Mr. Plummer: And let some others in the door. Mayor Suarez: ... the next year, so I just want to warn you about that. 100 September 14, 1989 :.:tiia}' Na:'i��NL`F}++n�vfYiYi!W?iih+YxfiHN�+a.r�6Yttii�Heep4 E Mfe. Manget Mr. Mayor, one thing I have to bay about that, there fire'a6 thew c6nnitte6a or groups such at Ms. Silva corning out of the pscedo%iftatttl'y binsu'k area, I would think you would give them a chance to reapply as a new group next yeart because we don't have as many corning for funding. Mayor Suarettt Absolutely, OK, I'm... Mr. Plummer: Let me ask a question. The parade has not taken place for the last two years? Me. Silvat It is back in place for this year. Mr. Plummert But wait a minute, it has been out of for two years? Me. Silvas Correct. Mr. Plummer: OK, then you didn't pay them. Mr. Castaneda: Yes. Mr. Plummer: Why did you pay them? Mr. Castaneda: Let me explain. They have a... they had a street festival between 58th and 62nd and 7th Avenue for the past years. What they want to bring is back the parade in order to bring more people to the area. Mr. Plummer: Oh, I see, OK. OK. Mayor Suarez: OK, I entertain then the form of a motion. Mrs. Range: What is the motion? I'd offer... Mayor Suarez: The motion would be to give a total of $20,000, $10,000 being under the existing formula and $10,000 from the $40,000 that would become available in the next fiscal year under the formula we devised. Mrs. Range: I'd offer such a motion. Mr. Plummer: So we're down to thirty, I'll second the motion. Mayor Suarez: Moved and seconded. Mr. Plummer: You know, but we got to be careful, that leaves us only thirty to reallocate. Mayor Suarez: That gives thirty only to reallocate. OK, any further discussion? If not, please call the roll. The following motion was introduced by Commissioner Range, who moved its adoption: MOTION NO. 89-814 A MOTION GRANTING FUNDING REQUEST RECEIVED FROM SUNSTREET FESTIVAL BOARD, FURTHER REQUESTING THE CITY MANAGER TO ALLOCATE $20,000 AS FOLLOWS: (a) $10,000 UNDER THE EXISTING FESTIVAL FORMULA, (b) $10,000 FROM 1989-90 FESTIVAL FUNDS. 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. 101 September 14, 1909 Mr. Odiot May I suggest something on the ordinance, Mr. Mayor, that maybe there are some festivals there that we want to maintain that you just said the... Itoh said this is what you have to get every year... Mayor Suarm That's exactly the policy thing that we ought to decide, and this is probably not the beat way to do it, the way we've done it today, but... Mr. Odio: And if we have any other monies then, consider it. Mayor Suarez: Commissioner Plummer, we did have in mind that five would be sort of launched at that point and slowly would all become self sufficient. Some of them are going to have a tough time all the time. Mr. Plummer: Well, but what it was also, Mr. Mayor, was that initially five would be funded and that each year one new one would be funded... Mayor Suarez: That's right and we ended up breaking up the forty. Mr. Plummer: ... so that we could be fair with all of the people who were making the requests. Mayor Suarez: But I guess what they are saying is, the Manager is saying is that some festivals are never going to be self-sufficient and we maybe ought to consider having some of them being permanently financed. Mr. Plummer: We also should motivate them to try to become sufficient. Mayor Suarez: That's the other side of the argument, yes. Mr. Odio: True, but for instance, Calle Ocho is now non -funded. Mr. Plummer: Totally absolutely scot free to the City. Mr. Odio: But what I am saying is since there are some that we know that cannot survive, that we should maintain. Mr. Plummer: Yes, but Mr. Odio, you know, you reach a point of saturation. I still remind this City Commission that Hialeah, the City of Hialeah does not fund a single festival but one, the Chamber of Commerce. Now, they do very well, they have festivals, they have park activities, you know, the City of Orlando will only fund you for one year. If you don't make it after the first year, your festival is gone! Now, you know, if we were to honor every request that was a legitimate and good request, out of question! And how do you say no to one and yes to another? Mr. Odio: But as I was saying, if you are going to maintain some, just do it and perpetuate them, but just don't change the ordinance every time. Mayor Suarez: OK, have we voted, Madam City Clerk? Ms. Silva: Yes, you did, thank you very much. Mayor Suarez: Go away before we change our minds. Mr. Plummer: Go away and sin no more. 102 48. REFER TO MANAGER FUNDING REQUEST FROM "HAIRSTYLES BY MR. RALPH- - concerning Rafael Plata's project. ------------------------------------------------------------------------------ Mayor Suarez: Item 30, hairstyles by Mr. Ralph. That sounds like Ralph Packingham. How are we doing on our project? Is that what you are going to report to us on, Ralph? Mr. Ralph Packingham: Yes. Mrs. Range: No. Mr. Plummer: No, this is on the beauty shop. Mr. Packingham: No, this is on asking for you to release the $100,000 that was allocated for the project to the Allapattah Business Development Authority. As you know, we lost a year in waiting on the Federal government and we have a tentative arrangement with BAC and with this $190,000 we'd be able to bid to on it, prepare the land and get the money and go into construction. Mayor Suarez: What was the hang-up? Why do you have to come back after we had already funded it? It was what year CDBG? Mr. Castaneda: Commissioners, the staff recommendation was that we would allocate $190,000 for this project contingent on them being able to obtain an additional $418,000. The total project cost $618,000. Mayor Suarez: It's not just for site improvement. It must be the whole shopping center, OK. Contingent on getting the money from where was it? - from State? Mr. Castaneda: Well, one of the obligations was to OCS and another was to banking sources. The OCS money has been turned down. Mayor Suarez: OCS? Mr. Castaneda: Office of Community Services. Mr. Plummer: Well, how much money have they got? Mr. Castaneda: To my knowledge, they don't have any money. Mayor Suarez: Except ours. Mr. Castaneda: Except ours. Mr. Plummer: Yes, but ours was predicated that this project could not fly without other monies. Mayor Suarez: Right, and the land I presume, right? Mr. Packingham: Well, we have a chance of raising from BAC, which letter is right here. Mayor Suarez: How much was BAC committed to and conditioned on what? Mr. Packingham: We had asked BAC for $200,000. We only asked for $200,000 at that time, because we were waiting on the Federal government which took a year to tell us no. Mr. Plummer: Yes, but Ralph, your problem is your project cannot fly with $190,000. Mr. Packingham: No, I understand that, but and we had the commitment from BAC. Once we are able to get this money released and we'll be able to pay the land and we can go ahead and get the other $200,000. The problem was, we were waiting on the Federal government, that's why we did not go seeking any other sources. 103 September 14, 1969 Mr. Plummer: When you say a commitment, what does that colftitment gay? How strong is that commitment? Mr. Packingham: I'll read it to you. Mr. Plummer: No, let the Manager read it, because he says you have no commitment nor funds. Mr. Dawkins: Frank. Mr. Odio: Read this letter? "The Business Assistance Center has reviewed proposed funding for the Ralph's Plaza, the project which involves Mr. Ralph Packingham, the Allapattah Business Development Authority and the City of Miami. We feel certain that we will be able to financially participate in this project provided that we are presented complete plans and the specifications, a contract with a bonded construction firm, evidence that pre - leasing has been substantially completed and an assurance that the other financing is in place. We look forward to an opportunity to cooperate with the City of Miami in a venture we believe will help give new vitality to one of the City of Miami neighborhoods." Mr. Plummer: I didn't hear anything a bout a number. They said that they would be involved financially. Mr. Odio: They don't commit to any numbers and I would suggest that if they complete all the requirements that they have here before we do anything, because I think it's very tight to get a bonded construction firm and they have to have bonding capacity and pre -leasing as being substantially completed and you have to have proof of pre -leasing, Ralph, so.... Mr. Packingham: I have. Mr. Odio: OK, well, don't give it to me, I'm not in it. Mr. Plummer: Well, Mr. Manager, what is your recommendation? Mr. Odio: That we do not fund at this time. Mr. Plummer: But are you going to go back with him and check and make sure that the capacity is what he says it is? Mr. Odio: Sure, we can do that, short of funding. Mr. Plummer: Mr. Mayor, I move that this item be deferred, sent to the Manager and comes back in two weeks. Mrs. Range: Two weeks. Mr. Dawkins: Second. Mr. Plummer: No wait, they can't, in four weeks, because two weeks, well, two weeks is zoning only, is our policy. It comes back in October. Mr. Castaneda: Commissioner, let me just make a... I'm very disillusioned with banks lately. I just heard from Kapustin on the Little Haiti Plaza that the... Mayor Suarez: Tomorrow was the last day for the commitment? Mr. Castaneda: That's correct and the commitment from Southeast Bank, that they have received is very unreasonable and cannot be met. Mr. Odio: Well, I got them another commitment, Mr. Mayor, as you know, but that's to be subject to a personal guarantee. Mr. Plummer: You can't fly on a shoestring. OK, I so... Mayor Suarez: Would you show them, would you get to me the letter? Do you have that in writing, the terms? Mr. Castaneda: Yes, I believe that Kapustin will be here... 104 September 14, 1989 Mayor Suarest OK, I'd like to sea that before the last day has expired. Mr. Odio: Mr. Mayor, I think that the next time we consider banks that Southeast Bank should be put on number one of the lists not to get an account from us. Mr. Dawkins: I'll so move! Mr. Plummer: I'll second the motion. I made a motion on 30 to defer. Mrs. Range: And I seconded that motion. Mayor Suarez: On item 30, and Commissioner if you want to restate your motion on item 30. We have a motion and a second. Any discussion on item 30? If not, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoptions MOTION NO. 89-815 A MOTION TO DEFER CONSIDERATON OF AGENDA ITEM 30 (FUNDING REQUEST BY HAIRSTYLES BY MR. RALPH IN CONNECTION WITH THE RAFAEL PLAZAS PROJECT TO THE MEETING OF OCTOBER 12, 1989. Upon being seconded by Commissioner Range, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalle Range Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 49. AUTHORIZE MANAGER TO REQUEST REPRESENTATIVES OF SOUTHEAST BANK TO COME BEFORE CITY COMMISSION TO EXPLAIN THEIR ALLEGED NONPARTICIPATION IN COMMUNITY PROJECTS (See label 68). Mr. Dawkins: Mr. Mayor, what were you saying about Southeast Bank now? Mr. Odio: Well, Southeast Bank came here with Ringo Cayard and Mr. Kapustin to put together the Little Haiti Plaza. They insisted that I find a way of lending them the money, which we did. After everything was done, when they went back to get the final loan, they said no, they turned them down and the conditions they had put are really ridiculous too. Mr. Dawkins: What conditions did they give for turning it down, Mr. Manager? Mr. Odio: I don't have them here, but I know that Rafael told me they were ridiculous and they practically made it impossible to get any loans there whatsoever. Mr. Dawkins: OK, Mr. Mayor, is it in order to make a motion that somebody from Southeast Bank come before this Commission and explain to this Commission why is it Southeast Bank does not participate in the minority communities as we expect it to. Mayor Suarez: Yes, I think it is absolutely in order and not only that it is the most desirable way of doing it because they do have in fact a contractual relationship with the City and the least 'they can do is send a high placed officer and if you want to specify it, you can go all the way to the president to explain how they are turning down or making a project like the Little Haiti Shopping Plaza so difficult for the conditions to be met. 105 September 14, 1989 Mr. D&wkitks: Especially with that Commnity Reinvestment Act that thty &rb supposed to be participating in. Mayor Suarez: Especially in view of that, right. So moved. Mr. Dawkins: I so move. Mrs. Range: Second. Mayor Suarez: Seconded. Mr. Manager, I suggest that on that one, we get the president, we get Mr. Porter. Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoptions MOTION NO. 89-816 A MOTION TO REQUEST REPRESENTATIVES) OF SOUTHEAST BANK TO COME BEFORE THIS COMMISSION TO EXPLAIN WHY IT IS THAT SOUTHEAST BANK DOES NOT PARTICIPATE IN COMMUNITY PROJECTS IN MINORITY COMMUNITIES, CONSISTENT WITH THE EXPECTATIONS OF THE CITY COMMISSION. (Note for the Record: Later in the meeting, Commissioner Dawkins clarified prior motion made about Southeast Bank by stating that said comments were incorrect in that Southeast Bank did participate in community projects and did try to assist minorities insofar as bank services were concerned. See label 68) 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. 50. (Continued Discussion) REFER TO MANAGER EXISTING ARGUMENT BETWEEN CARNIVAL DEVELOPMENT COMMITTEE AND ANOTHER GROUP - for use of Bicentennial Park on a given date (See labels 46 & 59). --------------- ---------- ----------------------------------------------------- Mr. Dawkins: Mr. Mayor, we went over 28 and there is a lady back there who did not understand and she wants to be heard. Can we hear 28 now, please? j Mayor Suarez: Yes, and if need be we can reconsider any action taken. Ms. Greer -Ann Arjoon: I am not really... -- Mr. Dawkins: Your name please. Ms. Greer -Ann Arjoon: My name is Greer -Ann Arjoon, I am controller of the { CDC, Carnival Development Committee. What we went over before is that Mr. j Alvin Thomas is coming into ask for the park that we paid for more than a year ago. I did paid for the park, I had the park. ii 1 Mr. Dawkins: Mr. Manager, we need someone to be able to clear this forus now. Now, start over please, Ma'am. Ms. Arjoon: Sir, I have paid Bicentennial Park more than a year ago on under j Carnival Development Committee. Mr. Dawkins: And for what date? 106 Mo. Arjb6h: For October, what was It, the 8th and 9th, or the 7th and nth? — 6na of those dais. Mr. Dawkins: OK, is that a fact, somebody? Me. Arjoont Yes, I did. Mr. Dawkins: Do you have your receipt? Me. Arjoon: And I... Mr. Plummer: Look, there is two groups feuding it here, you'd better be aware of it. Mr. Odio: Commissioner, we have two groups that are fighting over those days. Mr. Dawkins: No, no, wait a minute now. Wait a minute, please. I'm not interested in the fight. This lady said she paid, OK? Did we collect money from this lady for that date? Ms. Arjoon: Yes, you did. Mr. Dawkins: Beg pardon? Mr. Odio: We haven't received any Ms. Arjoon: Did you bring the receipt with you, Orlando? Unidentified Speaker: No. Pauline... He. Arjoon: Pauline Mumford has it. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Ms. Arjoon: Yes, sir, I paid for it more than a year ago and we have been having this fight back and forth with West Indian Day. Mr. Odio: Please, Frank, can we resolve this? I need to see a receipt. Mr. Dawkins: OK, if you see a receipt... all I am trying to say is if you have a receipt, Ma'am, if you paid for these dates, then I don't see how this Commission can override a receipt, is that a true statement? Mr. Plummer: Well, I think what happened as I recall, they paid a deposit and it was returned. Ms. Arjoon: No sir, it was never returned. s s INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Franklin Smith: By the way, we are the same group. Ms. Arjoon: We do belong to the same group, I'm sorry, he only on the other side with Frank Castaneda and I'm on this end. Mayor Suarez: He's the bad and you are the good. Mr. Smith: He's a good man. Mr. Dawkins: Go ahead. Mr. Smith: Yes, we did make a down payment on the park two days before the other group, which is on record and because of all this infighting we decided through the Community Development that we should not get into this dog fight and we should, on their recommendation, just go to another park, but we have made a down payment for Bicentennial which is where we want our parade to go. Mr. Dawkins: OK, but now, did the other, somebody tell me, did the other group pay to use the park on those,.. Mr. baekine3 No, Ma'am, let me talk to the people we pay, please, OK? Did anybody collect money for the dates from the other group for that, for the 12th? Mr. Plummer: Well, what is the problem if you are now going to Margaret Pace Park instead of Bicentennial, what's the problem? Mr. Dawkins: They want Bicentennial. Ms. Arjoon: We wanted Bicentennial, that was the original agreement that we get Bicentennial, hence we paid for it and then when this other group came up and there was a fight, rather than cause any problems, we decided, OK, let's... Mr. Plummer: OK, wait a minute, I've got ask a question. Joe, which one of these groups were the "borrachos"? Mr. Castaneda: The other group. Mr. Plummer: The other group were the "borrachos."? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: OK. Ms. Arjoon: That's the "borrachos." Mr. Smith: Can I say something here, sir? The thing is, Margaret Pace, there is a nursing home over at Margaret Pace, and old senior citizen home and last year there was little complaints about the noise, the DJ's and such, hence the reason and crossing of the boulevard, that's why we were trying to get back into Bicentennial. Mr. Odio: I recommend, you can go to Watson Island. Mr. Smith: We want to work with the City on this. You know, we don't want to have... Mayor Suarez: Yes, we want the City Administration, hopefully to solve it, because this is and every year, it is what Yogi Bear used to say something like, this deja vu once again. I mean, it just keeps coming back and back again, it... Mr. Odio: May I do something? Can we... we have an opportunity to meet with the Parks Department, you too, and prove to us, and we'll check and see if we've got any monies from you and we come back to the Commission. If you didn't get any money, we don't come back. Ms. Arjoon: Yes, sir. Sir, may I say that the other group does have a park already in South Beach, so why are they coming here to confuse the item? Mr. Plummer: God bless them! Mr. Smith: Yes, they are in South Beach. Ms. Arjoon: They are in South Beach, sir. Here is this lady, she works in the Police Department in Miami Beach. Mr. Plummer: The "borrachos" went to the beach. Good! Ms. Arjoon: Why are we having a problem with them, you know, they are fighting us over something we've paid for. Mayor Suarez: Wait a minute, procedurally, weren't they the ones that were scheduled today to be heard and they are not here? Mr. Plummer: Yes, but the problem is that if they hold them on the same weekend, OK, they are going to detract. Ms. Arjoon: But in different... now they are in South Beach. We are in the City of Miami. 108 September 14, 1989 } Mayor guaraal Test that's in totally different jurisdictions and geographical areas of the pity, I guasa it is ftot major problem. Would the Adaiitlistration ,. please solve this and report back to us at the appropriate tifine7 Mr. Odio: Can we do this this way, It they have paid a deposit we will bring this back for your approval. If they have not, they don't have it, period Mayor Suarers OX. All right? Ms. Arjoon: We do. Mr. Odio: Well, prove it to us. Mr. Dawkins: So moved. Mr. Smith: But if there is on the 8th of October... Mr. Plummer: We meet again on the 12th. Mayor Suarez: And if we had to somehow to take another vote on this for whatever reason, I guess we could always do it on the 28th of September, but we'd hate to have to do it. This should be able to be solved administratively. Mr. Dawkins: It should, Mr. Mayor. Lt. Longueira: Wait a minute, they want to move to Bicentennial now? Mr. Plummer: Yes. Lt. Longueira: We'll have to meet with them. Mayor Suarez: Yes, absolutely and whatever the Administration recommends, because this is just a yearly occurrence here. Lt. Longueira: You know, last time when we did a Bicentennial, it shut down the boulevard for four hours, we had major problems. Mayor Suarez: Are you recommending Margaret Pace? Lt. Longueira: Our position is we would rather not have a parade at all. Mr. Odio: We recommend... Mr. Plummer: But Joe, here again, that was the other group, not this one. Mayor Suarez: Let's go to Pace, because it really it is a good idea to do it at Pace. K, _ t 'r.cr.�titi�acm:. �.-.—.,J.�aiui►i.ray.:.ais�aa.�iwtrrairi.�. iWYc��1C�t�.snl1®.:N+-M -,.•• .n`ricm.aa17i.i'yr - . � 3.- _ .. 31. Ati'i ORIZN MANAGER TO ACQUIRE (bY NRGOTIAT19D MCHASI) THE PER SIMPLIN TITLE TO PROPERTY LOCATED ON N.W. 34TM TIRRACB $SfiWSMN N.W. 1ST AND 24 AV►SNUES - in order to expand hoberto Clemente Park. Mr. De Yurre: Mr. Mayor. Mayor Suarez: Yes, Mr. Vice Mayor. Mr. De Yurre: I have here a request of the Administration for us to approve the purchase of one of the lots that are being acquired for the Roberto Clemente expansion. Mayor Suarez: It's an emergency matter so that we can get that expansion under way, is that...? Mr. Dawkins: Second. Mayor Suarez: Mr. Manager, are you recommending that? Mr. Odio: Yes. Mayor Suarez: Moved and seconded. Is there any discussion? Mr. Plummer: How much? Mr. Odio: $66,000. Mr. Plummer: What was the appraisal? Mr. De Yurre: $60,000, I believe, they are ten percent above. Mr. Odio: I believe it is ten percent above the appraised value. This is to complete the Roberto Clemente Park expansion. Mr. Plummer: This one makes the total acquisition? Mayor Suarez: Well... Mr. Odio: No, we have, how many more? - two more. I think it was two more. Mr. Ron Williams: Right, but this has been a very difficult one, Commission Plummer, that we were able to resolve. Mayor Suarez: So from here on it is clear sailing, right, Ron? 1I� �ept¢�ab�a� I#, �9�3► The following resolution was introduced by Commissioner Do Yurre, who moved Its adoption: RESOLUTION NO. 89-817 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACQUIRE BY NEGOTIATED PURCHASE IN LIEU OF CONDEMNATION THE FEE SIMPLE TITLE TO A PARCEL OF REAL PROPERTY LOCATED ON NORTHWEST 34 TERRACE BETWEEN NORTHWEST FIRST & SECOND AVENUES, MORE PARTICULARLY DESCRIBED AS, LOT 18, BLOCK 5, WYNWOOD PARK AS RECORDED IN PLAT BOOK 5 AT PAGE 23 OF THE PUBLIC RECORDS OF DADE COUNTY, A%K/A/ 153 NORTHWEST 34 TERRACE, FOR THE PURPOSE OF EXPANDING THE ROBERTO CLEMENTE PARK; AND AUTHORIZING THE CITY COMMISSION TO APPROVE A PROPOSED CONTRACT FOR TEN (10%) PER CENT ABOVE THE APPRAISED VALUE; FUNDS THEREFORE, BEING ALLOCATED FROM THE CAPITAL IMPROVEMENT PROGRAM, CLEMENTE PARK RENOVATION PROJECT NO. 331056. (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. ------------------------------------------------------------------------------ 52. REFER TO CITY'S HISTORIC PRESERVATION BOARD, WITH POSITIVE RECOMMENDATION - establishment of legal mechanism mandating a degree of citizen notification/input prior to changes in the street and median park system in Brickell Hammock area. (Roads Section) ------------------------------------------------------------------------------ Mayor Suarez: Joe Wilkins, president of Miami Roads Neighborhood Civic Association. These are the guys that have the automatic machine that calls everybody. Computer, right? Computerized phone calls, there you go. Mr. Joe Wilkins: Hopefully with good news. My name is Joe Wilkins, 228 SW 23rd Road. We have a problem which is lingering over since 1986, in which we tried to deal with and hopefully we can deal with it today. In 1986, the property owners in a portion of Brickell Hammock were notified that there was going to be a restoration project, some of you may remember. The notification indicated a restoration project when the people began to question in mass, they were told that if any restorations were going to be done in this area, our streets, which are very old, are not standard, don't meet existing standards, they would have to be widened. This is not what we were told initially. The people, without an association just very quickly got together a petition from the residents in the area... Mayor Suarez: I don't think we have ever been able to resurface streets without widening them. I've always wondered why not. I mean, it seems to me that if they were the right width now, we should keep them at that width. Mr. Wilkins: We have a petition from the neighbors in that area basically saying the same thing, keep the streets and the parkways, there is a big issue that if they widen the streets in Brickell Hammock, we have the median parks. Mr. Plummer: But that's not the item before us on the agenda. All you are asking for in the item on the agenda is proper notification. 111 September 14, 1989 Mayor Suarez: Yea, but... Mr. Wilkins: Well, there was a question about notification. Mr. Plummer: Gloria... Mayor Suarez: But we could have an indication to staff of the City that is so responsive nowadays that we want to follow to the extent possible and within technical constraints which have to be absolute, not made up by somebody, we want to follow what people in the area want. Mr. Wilkins: Well, we asked the City Planning Department, we looked in the City Code and there was... people looked on Coral Way and said Coral Way has been designated for protection. Mayor Suarez: Right. Mr. Wilkins: There has to be a lot of public notice before they can do anything to Coral Way. We wanted the same thing in our area. Mayor Suarez: Right, and SW 8th Street too. Mr. Wilkins: All right, Chapter 17 in the City Code, there was a provision that we thought met that qualification, scenic transportation corridors. We did ask the Planning Department twice, we had meetings with them, we asked them to initiate this. Their basic response was that we did not have a sufficient tree canopy. We have since fortified the tree canopy, we planted over 50 trees in that area. Mayor Suarez: Well, that is one of the biggest areas of tree canopies other than Coral Way that I am aware of in the City. It's comparable to Coral Gables. Mr. Wilkins: We agree. The bottom line was the Planning Department basically said they would not initiate... Mayor Suarez: That's got to be Guillermo's fault and there he is, right there. Mr. Wilkins: No, it was not Guillermo we dealt with. We... Mayor Suarez: See, he's got that smile, but it's sly, you know, he really - doesn't want you guys to do that. Mr. Wilkins: We are also not only just looking at the trees, we are also like want to consider the history of the area and the fact that... Mayor Suarez: Why wouldn't we be able to do that, Mr. Manager? You would recommend that, wouldn't you? Mr. Odio: There is no... Mr. Wilkins: When the Planning Department did not initiate it, we had the choice of initiating it ourselves or asking the Commission to initiate the process to get this done. Mayor Suarez: All right, Commissioners, what do we need by way of a motion? I don't think there is any problem at all with doing this, Joe, and it is great to see citizen involvement. We occasionally have to do these kinds of things even though the Planning Department opposes it. It's sort of... Mr. Odio: Well, he could go to the historical preservation process, in a way it will guarantee that forever. Mayor Suarez: Is that what we did with SW 8th Street, the park that was in the City? Mr. Wilkins: In Chapter 17 there is a designation called scenic... Mayor Suarez: Oh, that went straight to the State, I think, 8th Street. How about Coral Way? 112 September 14, 1989 u.. X5}hy htA3? '.. - �Ft"' ...1. a,s v.c.-xxev_ xa, .e �'•'R+r^4+aK+w::,Y.h eu..�v--+!sAami` . lr. Vilkinet There is a section there for scenic transportation corridors. Mayor Suttee, Vitt, Joe, you are always ahead of us, How about Coral `flay, — how do we do that? State? Mr. Wilkinat That was the State. See, that was... Mayor Suarez: OK, we can do it as a City, can't we? All right, how do we do - it? How do we frame a motion to do it? Everyone seems to agree. Mr. Guillermo Olmedillo: We go through a proceedings, Heritage Conservation Board and the City Commission. If it is approved, we got it. Mayor Suarez: I'll entertain a motion to refer to Heritage Conservation Board with our positive recommendation. Mr. Plummer: So moved. Mayor Suarez: Pending of course, the hearing that has to be held. Moved. Do you want to second? Mrs. Range: Yes, I'll second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 89-818 A MOTION TO REFER AGENDA ITEM NO. 31 ESTABLISHING OF A LEGAL MECHANISM MANDATING A DEGREE OF CITIZEN NOTIFICATION/INPUT PRIOR TO ANY CHANGES IN CONNECTION WITH THE STREET AND MEDIAN PARK SYSTEM IN THE BRICKELL HAMMOCK AREA) TO THE CITY'S HISTORIC PRESERVATION BOARD WITH A POSITIVE RECOMMENDATION. 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. Mayor Suarez: It is important that we do this early on while the organizations are interested before we lose the involvement of the citizens, because hopefully at some point we will hit you for a little bit of contribution in time, effort, maybe... Mr. Wilkins: We are even willing to organize going to the people to help in restoration if we have some assurance that what we are doing is still not going to be... Mayor Suarez: And if the interruptions that you make here are any indication, you are going to be very active in that effort, I can see. Mr. Wilkins: Don't worry about it. Thank you. Mayor Suarez: All right, Joe. 113 September 14, i.089► iY��..+.iFar:.J.►a.r iYl---------------------------------------------... w..------ ----ia�.r.wh1.iwa 53. REFER FLORIDA HOUSING COOPERATIVE'S FUNDING REQUEST TO THE ADMINISTRATION - for review and recommendation. Mayor Suarez: Florida Housing Co-operative. _ Mr. Carlos Rodriguez-Quesadaa Mr. Mayor, Mr. Commissioner, my name is Carlos Rodriguez-Quesada. My number... Mayor Suarez: You take back everything you said about Plummer last time you ran against him, right? Mr. Rodriguez-Quesada: OK. Mr. Plummer: Hey, you better remember he don't get the opportunity this time against me. Guess who? Mayor Suarez: See, I'm trying to preempt that. Mr. Rodriguez-Quesada: My address is 900 SW 22nd Avenue. I come with my lawyer, Mr. Tom Borell, for position around my questions. I'm pleased to introduce Mr. Tom Borell. Mr. Tom Borell: As Carlos just said, I'm Tom Borell, 2451 Brickell Avenue. We are here today to ask the Commission to consider our request for $30,000 funding for Florida Housing Co-operative. The funds should be used for the same purpose as the $20,000 that as allocated last year to help with the administrative cost in the various projects that the group is trying to undertake to help those of low and moderate incomes, afford decent and safe housing. Mr. Plummer: Where is the head of the "botellas"? Where's the El Jeffe? Frank, this is Community Development. The question is, on this item 32, what is your recommendation? There is no recommendation here. Mayor Suarez: Are these funds that were held up because of the investigation, Frank? No? Mr. Castaneda: No, the Housing Department was supposed to have a recommendation. Mayor Suarez: OK, let's table it for a couple of moments until we can catch up with someone from Housing. Mr. Plummer: Mr. Manager, you see the top of this page? What does it say? Mr. Odio: Mr. Commissioner, that is a paper that is prepared for me and we were not... Mr. Plummer: It says recommendations. Mr. Odio: Wait, let me tell you, you won't get that anymore. Mr. Plummer: Why? Mr. Odio: Because that is prepared for me. Now, we were nice enough to give you a copy... Mr. Plummer: You want me to make a motion to tell you that you are going to do it for me? Mr. Odio: No, you don't need a motion, but I'll give it to you. Mr. Plummer: No, but what I am saying is, if it is a recommendation, make a recommendation! Mr. Odio: That means we didn't have enough information to make a recommendation. 114 September 14, 1909 Mr. Plummer: Well, then... Mr. Odio: So I am saying to you that maybe, you know, these are my papers. Mr. Plummer: And who pays your salary? Mr. Odio: The citizens. Mayor Suarez: Indirectly through this Commission. OK, do we have anyone from Housing that can answer any of their... if not? Mr. Plummer: What's the answer? Mr. Odio: I'll have to come back to that. I don't have any numbers and until I see those numbers, we recommend we come... Mr. Plummer: Are you talking about coming back today or at the next meeting? Mr. Odio: October 12th when he has submitted... Mr. Borell: Numbers as to what, sir? Mr. Odio: You meet with the Department and we get all your budget and all your paperwork and then maybe we can recommend. Mr. Borell: I believe that Mr. Bailey's department has had all of the numbers since this past May. Mr. Odio: We are not prepared to make a recommendation at this time. Mr. Borell: So then, what should we do then, go and see... Mr. Odio: I am going to arrange for you to meet with the Department of Housing so that we can come back with the proper recommendation. Mr. Rodriguez-Quesada: Please, Commissioners, I will speak in Spanish, my question is possible that translation this question. Mr. Odio: OK, slowly. Mr. Rodriguez-Quesada: (TRANSLATED BY CESAR ODIO) I know that Community Development did not approve funds for Florida Housing. I talked, you talked to me and with the City Commissioners but because the Department of Housing Conservation that received millions of dollars for rehabilitation funds did not recognize that there is an organization that is prepared to rehabilitate housing and they are asking a minimum of monies from that department so that we can continue our work, the work that we are doing, now, right now. They are buying three more units for housing with monies from the State and we are working with volunteers because we don't have any assistance. Don't they live in the City of Miami, don't they belong to the City? I think that the City Commission and the Mayor should pay attention to the type of program that has millions of people living in this system and that the workers that they cannot afford to pay, the only opportunity that they have, to be owners of an apartment is under this system. I think it is a big mistake to say that we don't have $30,000 to push on to the first, the biggest necessity that we have in the City of Miami. If not, let's not talk more about ending with this crime, and to educate the people, because a family that doesn't have a place to live or that live four or five on top of each other, so they will never be separated from the crime ways. God Bless You, Mr. Mayor and Mr. Commissioners, Madam Commissioner. I hope you consider this is another forum - and not in such an unfair way like you have done today. Mr. Odio: Let me say to him in Spanish what we really did. (COMMENTS IN - SPANISH) OK. Mr. Rodriguez-Quesada: (COMMENTS IN SPANISH) Mr. Odio: (COMMENTS IN SPANISH) Mayor Suarez: And we have been working with you, as you know, on the issue of the little problems you had, in fact, I just signed a letter to the State agency whichever it was, on behalf of your organization, I mean, it is not 115 September 14, 1989 .€ rS'.TZ7,uxa. every day that we have a situation and we have to solve it, be as clear as *a possibly can on it. Mr. Rodriguez-Quesada: (COMMENTS IN SPANISH) Mayor Suarez: And we are now aware of, we are also aware of what you have already accomplished, this is very important. In the old days, you used to come here and we didn't know if you were ever going to build anything. You have how many units now? (COMMENTS IN SPANISH) Mr. Rodriguez-Quesada: Thirteen. Mayor Suarez: Thirteen, and I promised to go over there and see it for myself, I want to see... Mr. Rodriguez-Quesada: It's probable that we receive tomorrow morning from the State of Florida for ten more units. Mayor Suarez: You know, Mr. Manager, let me say something, and Mr. City Attorney and all the Commissioners, because... I don't know where our housing people are, but, the interesting thing about the housing co-op situation and it didn't strike me until the other day as I was talking to Carlos and his attorney is the following, if I have it, if I've understood it correctly. With affordable housing programs we are doing in the City, typically they are condominiums or else they are rentals. I£ they are condominiums, people eventually have to qualify and be approved by a bank for their own financing. A lot of the people that Carlos is trying to reach and that housing co-ops try to reach cannot qualify, but a co-operative venture with all the people putting up the assets of the entire building and otherwise having some other assets and ability to pay could sometimes qualify and get bank loans, permanent financing where the regular affordable housing programs cannot, and then you are reaching not just the sort of the working middle class, you are reaching some people who actually just barely are in the middle class at all, almost the real working poor and it is an interesting concept and there are Federal funds available for co-ops not for the condominiums that we are doing, the low cost condominiums and I think it is very interesting concept and aside from the fact that whether his organization is the ideal one to work with, which we hope they are, but the concept is very interesting. Mr. Plummer: Especially if you look at New York, what's happened there with them. Mayor Suarez: Right. Mr. Plummer: New York has been a tremendous success. Mayor Suarez: And they have a lot of the ones in New York that the various churches co-operate in. I know we have... Mr. Rodriguez-Quesada: Mr. Mayor, this came... Mr. Plummer: Of course, we don't want to follow everything of New York, because Koch took a dive, but... Mayor Suarez: We particularly don't want to follow the fate of the Mayor, but... Mr. Rodriguez-Quesada: This guy presented a special situation. The worker doesn't have the credit, don't have the money, don't need credit in the co-op. It is different from a condominium. Mayor Suarez: That's what I was just saying. Mr. Rodriguez-Quesada: A special opportunity for solutions. You have a problem in the community. Mayor Suarez: That's exactly what we just put in the record. Mr. Plummer: Will somebody please translate what he just said into Spanish? Mr. Rodriguez-Quesada: Is that what I said? 116 September 14, 1989 ELL L �{ 25 Mayor $uares: Thank you Carlos, God Bless You. Let's see if we can got it resolved in October. Mr. Plummer: It's amazing, when he gets mad, he speaks pretty good English. NOTE FOR THE RECORD: At this point, Agenda item 33 was withdrawn. 54. AUTHORIZE USE OF THE FEC RAILWAY PROPERTY BY CIRCUS TIHANY SPECTACULAR, INC. - for presenting a circus. ------------------------------------------------------------------------------ Mayor Suarez: ...and 34, Circus... Mr. Plummer: Mr. Mayor, I don't know if they've been around to see all of you, but they came to see me. It comes with the recommendation of the Parks Department. We have a minimum guarantee of a circus. It would be on the FEC track from November... Mr. Albert Ruder: Third. Mr. Plummer: ...November the 3rd up until December... Mr. Ruder: December 6th. Mr. Plummer: ...the sixth. The City would have an annual - I'm sorry, it would have a minimum guarantee of $66,000 to return based on surcharge and parking, the City stands to make, at a 50 percent sellout, of $200,000, additional dollars. If it were to be a hundred percent sellout, the City could stand to make almost $300,000. They also have offered through a very good competitive negotiation, one total free show for the inner city kids. It would most likely be a dress rehearsal. It is not the typical circus. It is the kind of a circus where the show, unfortunately I asked them to bring a video. They did but we didn't have the video equipment. I think it is an excellent proposition for the City. It gives us activity down in park area at that particular time and with the recommendation of the Planning Department, I would move at this time, that we accept that agreement, Mr. Mayor. Mayor Suarez: So moved. Mr. Albert Ruder: Commissioner Plummer, it was... Mr. Plummer: Wait a minute, hold on. Mr. Ruder: It's $62,000. Mr. Plummer: What? Mr. Ruder: It's sixty-two, not sixty-six. Mr. Plummer: Sixty-two, I stand corrected. Jorge. Mr. Jorge Fernandez: And I have not seen any agreement other than tentatively to agree in principle and then it will come back to you for final approval once I have read the legalities of it. Mr. Plummer: All right, wait a minute, wait a minute. I'd rather do it the other way, if I could, because they've got to go to advertising, OK? Mayor Suarez: When is the date? When is the date? Mr. Plummer: I would rather sub... he has not seen the other than the tentative. Mayor Suarez: No, no, when is the date so that we know what the timing looks like? Mr. Plummer: November the 3rd to December 6th. 117 September 14, 1989 s Mr. Ruder: November 3rd to December 6th. • Mayor 5uares: You're trying to expedite it. Fast track it. Mr. Plummer: What I would ask that this Commission do is approve it subject to your approval of the contract. If you don't approve it, then it comes back here. If not, within five days it is approved. Mr. De Yurre: What is the minimum guarantee that we're going to get? Mr. Plummer: Sixty-two thousand dollars. That's a rental based on the days use of $2,000 per day. The surcharge, the parking, the rest of it, if they play to a 50 percent house, it would be bringing in the City an additional $200,000. If they were lucky and had a hundred percent, it would be $300,000. Mr. De Yurre: Who's going to regulate the parking? Mr. Plummer: The Parks Department. Mr. Ruder: We are. We are. Mr. Plummer: They know, also, of course, that they've got to indemnify the City with the proper insurance... Mr. Fernandez: Correct. Mr. Plummer: ...and all other regulations as far as mechanical, tent, permits and things of that they will have to pay for and go through. Mr. Ruder: OK. They pay all expenses also. Ms. Range: Police protection. Mr. Plummer: Whatever is need and required, they have to pay all outside cost and they're willing. This is a circus that has appeared for years in Europe. This is the first time they are coming to the United States. We are the second stop of their visit. They're going first to New Orleans? UNIDENTIFIED SPEAKER: Houston, then New Orleans. Mr. Plummer: Houston. New Orleans and then into Miami. UNIDENTIFIED SPEAKER: But our United States premiere is going to be here in Miami. Mr. Plummer: The premiere is going to be here with some possible exposure of television back to Europe. I think its a very good deal for the City, Mr. Mayor, and I so move it, subject to approval of the City Manager on the contract within five days if he has not raised any objection, it would be then approved. Ms. Range: I second that, Mr. Mayor. Mayor Suarez: So moved and seconded. Mr. Plummer: Let me - one question I didn't ask you. What is the approximate attendance, maximum, that we could have for the inner city kids? UNIDENTIFIED SPEAKER: Three thousand, five hundred. UNIDENTIFIED SPEAKER: Three thousand, five hundred. Mr. Plummer: Thirty-five hundred. UNIDENTIFIED SPEAKER: Uh huh. Mr. Plummer: Now, can we arrange that to be on either a Saturday or a Sunday? UNIDENTIFIED SPEAKER: It'd better to be on a weekday, Mr. Plummer: Well, the problem is, how are they going to get out of school? ii8 Ms. Ranges That's right. Mr. Plummer: Is there a vacation time involved in there? — UNIDENTIFIED SPEAKERe Friday afternoon? Mr. Ruders It's November 3rd through December 6th. I'm not... Mr. Plummer: Yes, but see what I was thinking was... Mayor Suarez: Thanksgiving weekend, maybe. Mr. Plummer: Yes, but - well, OK, you realize you're going to have to give up a show during the Thanksgiving holiday. UNIDENTIFIED SPEAKER: OK, we'll work it out so that it can be a day that they can get there. We'll... Ms. Range: It would be much better though... Mayor Suarez: Well, he's being more specific. He's saying Thanksgiving. UNIDENTIFIED SPEAKER: Pardon? Mayor Suarez: He's saying Thanksgiving or would the day before or the day after, whatever days t#e kids... Mr. Plummer: The kids have got to be out of school to be worthwhile. UNIDENTIFIED SPEAKER: Uh huh. Ms. Range: Well, the kids have got to be out of school and many of the children will need the protection of their parents and they're working people. That would deny the children coming if their parents couldn't come along with them. UNIDENTIFIED SPEAKER: Right. Mr. De Yurre: What do you want, a night show? Ms. Range: So, what about a matinee on Sunday afternoon or Saturday? UNIDENTIFIED SPEAKER: Friday, Friday.... UNIDENTIFIED SPEAKER: It's hard to give a weekend show. What about an evening show? Mr. Plummer: See, that's why I said a dress rehearsal that would be before the regular start. UNIDENTIFIED SPEAKER: Yes. Mr. De Yurre: How about a Friday night? Mr. Plummer: I just don't think we want to put the kids out at night. I would rather see them on a holiday or an afternoon matinee. UNIDENTIFIED SPEAKER: Four o'clock, five o'clock... UNIDENTIFIED SPEAKER: Yes, an afternoon matinee at 4:00 o'clock could be good because that would give them time and the parents... Mr. Plummer: Well, that's all right. UNIDENTIFIED SPEAKER: Yes. Mr. De Yurre: Yes. UNIDENTIFIED SPEAKER: All right. Ms. Range: That sounds reasonable. 119 September 14, 1909 Mx piert Yes that's fine. ,. ter. its turret The problem you're going to have with that is, vhossi going to cost getting the transportation getting the kids over there. It the parents are available, then each parent takes their kid. Me. Ranges dell, they'd certainly have... yea. Mr. Plummer: Well, that's what we have buses for and Metrorail and all of the rest. Mr. De Yurret Yes, but who's going to take them? Mr. Plummer: Their parents would have to take them, of course. Mr. De Yurre: Not at 4:00 o'clock. Ms. Range: Well, I think if its sufficiently advertised... Mr. Plummer: Oh, I see. His point is, the parents are working. Ms. Range: ...organizations can get together as far as that's concerned. We have many organizations with buses in the area such as James E. Scott, other areas. If it's 4:00 o'clock, I think it can possibly be managed. UNIDENTIFIED SPEAKER: All right. Mayor Suarez: Propose the Vice Mayor to escort children, arrange transportation. Mr. Plummer: You're a committee of one. Mayor Suarez: It would be kind of fun, actually. Anyhow, is that in the form of a motion? Mr. Plummer: Yes, sir. Ms. Range: Yes. Mayor Suarez: With the approval with that proviso specifying 4:00 o'clock matinee. Where is the location again? Mr. Plummer: FEC. Mr. Dawkins: That same property that we was going to give away this morning. Mayor Suarez: And how many days is it? Mr. Plummer: Thirty. Mr. Ruder: It's thirty-one show days. Mr. Dawkins: Which comes out to about 47 performances because some performances got two a day. Mayor Suarez: The City recommends, all the departments and everybody, we can handle this over there. I guess it's better than what's going on over there right now, which is nothing. Mr.. Plummer: And, Mr. Mayor, just for the record, they are aware that the 3 barriers are there that will have to be moved at their expense and put back at their expense. Mayor Suarez: OK, call the roll on the motion. a 120 OoptgmOor 14, 198 a A- ''g hiL t The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-819 A RESOLUTION AUTHORIZING THE USE OF THE CITY -OWNED PROPERTY KNOWN AS THE FLORIDA EAST COAST RAILWAY (FEC) PROPERTY BY CIRCUS TIHANY SPECTACULAR, INC. FOR THE PURPOSE OF PRESENTING A CIRCUS DURING THE PERIOD OF OCTOBER 30, 1989 THROUGH DECEMBER 6, 1989; ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR SAID USE BY SAID SPONSOR; AUTHORIZING THE CITY MANAGER TO EXECUTE AND/OR ISSUE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID USE; SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Range, 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. 55. REFER TO CITY'S MEMORIAL COMMITTEE REQUEST BY THE DOMINICAN COMMUNITY FOR CODESIGNATION OF PART OF 17TH AVENUE AS "JUAN PABLO DUARTE STREET". Mayor Suarez: Item thirty... Mr. Plummer: Five. Mayor Suarez: ...five. Periodico Santo Domingo requests the codesignation of the portion of 17th Avenue as Juan Pablo Duarte Street. Do we not - is it not proper to refer to our designation committee, whatever we call it... Mr. Plummer: Memorial Committee. Mayor Suarez: Is it functioning? Mr. Plummer: The Memorial Committee. Mayor Suarez: Memorial Committee. Ms. Range: I think whenever it goes to the committee, it should be corrected. If it's going to be a portion of 17th Avenue, then it should be the continuation Juan Pablo Duarte Avenue rather than Street. I don't know whether this was a misprint or not but the continuation of the Avenue would be a mix up if you called it Duarte Street and then it goes into 17th Avenue. So it should be Avenue. Mr. Plummer: Well, under our new policy - did we make it a policy? I believe we did. It's only one street can be designated, one block, I'm sorry, one block. So, you know, that was our policy that what we would do so that we didn't tie up every street like the Luis Sabines Way that runs from East Naples to West Miami Beach. Mr. De Yurre: What we got to look to, for example, here we got the Dominican community asking for this and if there's a segment of that, for example, 17th Avenue that goes through the Dominican neighborhood, then for that segment, it s_ should, because one block. You may have five, six, seven, eight, blocks. 121 September 14, 1989 s, Mr. plummart pick out the moat important one. Ms. Mange: Well, it's all right. I had no idea there was only one block. Nevertheless, your numbering in that block, you know... Mr. De Yurre: Because one block doesn't really do much when you think about it. Ms. Ranget No, it doesn't make a whole lot of difference... Mr. De Yurre: No. Ms. Range: ...if it's just the one block. Mayor Suarez: The actual - let me clarify that part of the reason we did the one block is not only because we didn't want to have every street in the City taken up with so many requests, but also... Mr. De Yurre: The Mayor wants to save a couple of streets for himself after he retires. Mayor Suarez: Listen, this is the Memorial Committee, you know, when you pass away, they... Ms. Range: In that instance, Mr. Mayor, it should still be the, the signs should be two, you know, N.W. 17th Avenue, you know, or S.W. 17th Avenue, plus the Duarte Street. Mayor Suarez: Yes, it's codesignation. We never take away the basic street sign but besides that... Ms. Range: Ah, good. Mayor Suarez: ...the county, which is actually the one that has to approve and... Mr. Plummer: And pay for it. Mayor Suarez: ...install and maintain the signs, although the groups in question are required to pay for the installation and maintenance. But anyhow, the county has prescribed that they will only give you a sign on one block anyhow, even if you make it a stretch of five or six. The last time I checked because I remember getting the guidelines from the county. They will only do one street anyhow. They don't do every single intersection so, but... Mr. De Yurre: You know... Mayor Suarez: ...if you wan to do it at two ends of it or something, I don't see any... Mr. De Yurre: You got to look to see exactly, you know, how far the neighborhood goes and... Mayor Suarez: We could do it at the two ends of that stretch and it might in... Mr. De Yurre: Well, just give them the whole thing, what's the difference? Mayor Suarez: I don't think the county will do it. Mr. Plummer: Wait, wait a minute, the difference is, what about if you have another Dominican hero that comes in and they want to name a portion of it after him? Mr. Dawkins: Like me. Mr. Plummer: It's already designated. Mr. De Yurre: It's one hero per street. Mayor Suarez: I really think that if the county prescribes how many streets you can actually name. Mr. Plummer: I think... hey, look, you're honoring the individual and that's what's important. Mayor Suarez: Do you want to do it at the beginning at the end? Are we recommending it to the Memorial Committee or do we have a Memorial Committee? Mr. Plummer: Yes. Ms. Range: Yes. Mr. De Yurre: Yes, we recommend it. I move it. Mayor Suarez: All right. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any further discussion? If not, call the roll. Mr. Bill Lunsford: Oh, wait a minute. I believe my name's up here. Mayor Suarez: I'm sorry, sir, if we missed you on the side and please step up to the mike. Give us your name and address and... Mr. Lunsford: Bill Lunsford, 19300 S.W. 147th Avenue and I didn't really come down here to speak on this item, but since it's up, and you're considering this, I thought it might be a good idea while you're considering this to also consider co- designation for 12th Avenue. The part of it that runs right by the county courthouse and consider naming that part Thomas Jefferson Avenue so that we might remember why this country is a free country. Mr. Plummer: It's already Ronald Reagan. Mayor Suarez: OK, thank you, sir. By the way, if anyone has any suggestions on street names, you're welcome to... _ Mr. Dawkins: Hold it, hold it, hold it. Twelfth Avenue has already been codesignated John Peavy Boulevard for a guy who was a principal at Northwestern and the students at Northwestern High School requested that this be codesignated for him so there's no more of 12th Avenue left to codesignate because, if you remember, that when you decided to codesignate 12th Avenue Ronald Reagan Boulevard, I told you it could come as far as 20th Street but above 20th Street, it could not be Ronald Reagan nothing. Mr. Plummer: Well... Mr. De Yurre: Not up to 62nd. Mr. Dawkins: And that's when we decided that it would become Ronald, I mean, John Peavy Boulevard. Mr. Plummer: To my colleague. You are correct except to one point. There is no codesignation from N.W. 1st Street to 20th. Mr. Dawkins: From N.W. 1st to 20th? ■ Mr. Plummer: Yes, sir. There is no codesignation. Mr. Dawkins: Well, that's... well see, that's outside my neighborhood. Mr. Plummer: Ronald Rea... Mr. Dawkins: My neighborhood is the 20th, 20th Street. ss Mr. Plummer: Ronald Reagan stopped at N.W. 1st Street. He really stopped in other places, but that's for sure as far as the street is concerned. Mayor Suarez: All right then, gentlemen... 123 September 14, 1909 Mr. Dawkins: That's Plummer's Neighborhood. Mayor Suarez: .:.we've got the basic point that if, sir, if you want tN propose any street game, you're welcome to but please get on the agenda: Mr. Dawkins: OK, thank you, sir. Mayor Suarez: All right. Item thirty... Mr. Plummer: Six. Mayor Suarez: ...six. Northeast Miami Umbrella Committee. Mr. Dawkins: Did you call the roll to refer it to the Commission... Mayor Suarez: Did we call that? Ms. Hirai: No, sir. Mayor Suarez: Please do. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 89-820 A MOTION RECOMMENDING TO THE MIAMI MEMORIAL COMMITTEE A REQUEST BY THE DOMINICAN COMMUNITY TO CODESIGNATE ONE BLOCK ALONG 17TH AVENUE BETWEEN N.W. 7 STREET AND 36 STREET AS "JUAN PABLO DUARTE AVENUE." 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. Mayor Suarez: Sir, as long as you're taking pictures, would you take one of Carl Goldfarb with those glasses on? We want to have that for the record. He's the Miami Herald reporter with the funny glasses over there. 56. DISCUSSION BY REPRESENTATIVES OF NORTHEAST MIAMI UMBRELLA COMMITTEE CONCERNING $300,000 LOAN GIVEN TO CAREY TECHNICAL INSTITUTE. Mayor Suarez: All right, item 36. Mr. Plummer: Wait till you read tomorrow's editorial. Mayor Suarez: Annette. Ms. Annette Eisenberg: Good afternoon. My name is Annette Eisenberg, 1180 N.W. 86th Street. And I come here with some of my people from the umbrella committee of the northeast section of the City of Miami. You've all received our letter dated the 21st where we pointed out that we were confused and we still are. Number one, we're confused with the procedure you used to allocate $300,000 by calling a special session when nobody in the City of Miami had an opportunity to discuss it. We're also confused because whenever we come to the Commission and as soon as this week we've met with the Commissioner and we're told that there is no money. How do you find $300,000 out of the general fund? Another thing that we're confused about, is this the role of City government? In other words, if the umbrella committee of the northeast 124 September 14, 1909 section which is designated a distressed area$ determines that they Mould like to do something in the way of a school, a nonprofit school, can we theft expect to come to the City Commission for financial assistance? Our biggest confusion... Mayor Suarez: Which, I'm sorry, which hypothetical was that, if who? Ms. Eisenberg: If the umbrella group of the northeast section, any group, but we're talking for ourselves, came to the City Commission because we also are considered a distressed area, we're a community development area. Should... Mayor Suarez: Well, one example, of course, is the - which wasn't a particularly successful one - was Garden Cove, the shopping strip in the northeast, in the little... Mr. Plummer: 19th Street Boulevard. Mayor Suarez: Right, which... Me. Eisenberg: That's not us. Mayor Suarez: ...which was, I think, supported by you, I'm not sure... Ms. Eisenberg: Never. Mayor Suarez: ...but did receive monies from Miami.... Ms. Eisenberg: That's after I left Little River, I had nothing to do with that. Mayor Suarez: OK, it was in Little River, it did qualify. Ms. Eisenberg: Nothing to do... Mayor Suarez: It did receive funds from Miami Capital Development Corporation and was not successful, kind of wished that we hadn't done it, I don't think, we could... Ms. Eisenberg: I'm sure you don't. Mayor Suarez: A lot of that money hasn't been paid back. In fact, I think we're foreclosing on the whole project. Ms. Eisenberg: OK. No, the bank has it, you can't foreclose on it, the bank is foreclosing. Mayor Suarez: Well, we're probably not in first place there. Ms. Eisenberg: In any event, that's nothing to do with Annette Eisenberg after I left Little River. We object... Mayor Suarez: I wasn't talking about Annette Eisenberg, I was talking about Little River, it was in Little River and it was an organization duly constituted and it was given money. Ms. Eisenberg: OK. With all of our confusion, we are glad to read in the newspapers that the institute has received and restored their funding and that Dr. Cowan is going ahead and Wellman is coming up. Now, we're going to ask the City Commission, inasmuch as they have their funding in place, we're going to ask the Commission, while they have expended $153,000 to date, is it necessary to continue with the other $150,000 or should the institute now stand on their own two feet? And I'm sure there's some people here who have something to say too. Ms. Range: Mr. Mayor... all right, we'll let them all speak. Ms. Judy Clark: The only thing I wanted to say Commissioners is that it seems the losers in... Mayor Suarez: Judy, why don't you put your name on the record, please? 125 September 14, 1909 Ms. Clark: Fine. Judy Clark, 7331 Belle Meade. It seems to us that the problem here was, first of all, with procedure and large sums of money and, secondly, that the people that suffered were the students. The students have taken out loans, as I understand it, to fulfill their requirements. They must repay those loans and, unfortunately, they don't, as best I understand it, unless their federal funding is reinstituted, they won't be able to complete the... Mayor Suarez: Exactly, in other words, by keeping the institution alive, hopefully, they would eventually get the federal funding reinstituted and paid off the loans. Ms. Clark: I understand that they have and what we're asking you all is to discontinue City funding. First of all, we feel it should have gone to the county anyway. Ninety percent of those school locations are outside the City of Miami and we just felt... Mayor Suarez: Amen on the county. Ms. Clark: Yes, well we realize that but what we're asking you today, since they have reinstituted their federal funding and, hopefully, the students won't have to put up with this any longer, they will get what they paid for, we're asking you to discontinue any additional funding for this issue. Ms. Range: If there are no others who are going to speak from the group, may I have something... Mayor Suarez: Please, Commissioner Range. Ms. Range: ...and I hope I will be heard out and not interrupted. First of all, the federal funding is not all in place at this time. The $153,000 of which you speak, or the balance, which is as you say to be taken back by the City, has never been given to the institution up to this point. Now, because this has become such a volatile issue with the City of Miami and with the Carey Institute, I took the time to research to see if at any point at all, this was setting a precedent. I say to you ladies that this is not setting a precedent. I don't know where you were when in 1985 an exact circumstance occurred with an institution of the same nature where a group came to the City and borrowed $300,000. These $300,000 within a number of days was given to that institution with no kind of restrictions such as has been placed on Carey Technical Institute. Three hundred thousand dollars was given in a lump sum. In contrast to that, the Carey Institution has been given their monies in small portions for specific reasons, nothing else other than the specific reasons. The monies that were given to the other institution was for whatever they needed to use it for. Unlike the Carey Institute, the monies that are given Carey Institute are only for the teachers' salaries and their day to day expenses such as their lights, their utilities and things of this nature. In addition to the $300,000 which was given in a lump sum, the monies that has been given through contracts to the other institution brings the overall total to some $875,000. These are in contracts. Three hundred thousand dollars in a 3 percent loan to be paid back over a period of 15 years and the other five hundred and odd thousand dollars are contracts that were begun to be - that flowed to this institution in order to help it get back on its feet. They have enjoyed, up to this point, some $575,000 in addition to the $300,000. I am of the strong opinion that when nothing was said by the committee, by your committee, or any other committee in 1985, when this loan was made and to have (Tape 9) now put this institution through the misery and pain of having to come down with a requisition to get whatever it gets, is pure racism and this is a term that I use very, very - I never use the word racism, but I do feel that it's racism. If you would like to look through these, I have 15 points here, fifteen points wherein the circumstances are the same but the treatment is so far different. And I feel that it is in a City like Miami where we are trying to work to get along together, to educate our children, or to educate our people, the institution which borrowed that money said at that time that it needed those funds to keep its doors open to help to educate the Cubans who were coming over, the Haitians who were coming over. They wanted it to educate those people. The same thing happened with the Carey Institute. It wanted to educate its people. None of the restrictions which have been placed on Carey Institute has been placed on the other institute and I bear that out because I have the information here. It's public information and you may have it when it's over if you'd like to look over it. So, I think it is most unfair to come to the Commission to ask that this money be given back without 126 September 14, 1989 your knowing that federal funds have been replenished, there has been much in the media. TV as well as newspaper speaking first good and then ill of the Carey Institute and I can tell you today that the federal funds have not begun to flow in any large numbers where the City can afford to pull back its loan. I can tell you also that because the Garces Institute, which was the other institute, found itself in need of monies, that it came to the City, asked for contracts, received them in the amounts of $879,863 total. This is a list of the contracts with the $300,000 loan. The only portion of the money which is expected to be paid back at a rate of 3 percent and I think that any institution, no matter where it is, no matter who heads it, if it is for the purpose of bettering the circumstances or living of people in the community, that all of our tax dollars are green dollars, none are black, none are Cuban, none are white and I think that we all ought to be treated in the same manner and I trust after today that this matter will be put to rest because it has been most unfair, many of the accusations which have been made. (Applause) Ms. Eisenberg: Ms. Range, I'm sorry you feel as though this is racism... Ms. Range: I certainly do. Ms. Eisenberg: ...I'm sorry, I'm sorry. We've known each other for a long time. We are asking the Commission when we are told constantly that there is no money, including for our ministation, etcetera. Where does this money come from? Where is it found? Mayor Suarez: Well, let me just clarify for the record. The last time I looked, we had funded the ministation to the full extent needed. Hopefully, that is still the case. Ms. Eisenberg: Where is it? Mayor Suarez: I don't know where the architectural plans are... Ms. Eisenberg: OK... Mayor Suarez: ...but it's hopefully on the way and it's the first self standing or whatever the term is, mini... freestanding, thank you, Mary, ministation in the history of the City of Miami. It's not a huge project for the northeast, but it's something. Ms. Eisenberg: Number one, our committee was not in place in 1985, but we are here now and we are concerned. We are not racists. One of the women who appeared on TV in opposition to this was a very lovely lady by the name of Mary Wade and she wants to know why in her area of Buena Vista she could never get the fire station that the City's been promising her. We always say that when we come and we ask for things that we need... Mayor Suarez: Also, for the record, since I've been here, I don't remember any fire station being recommended for any place where we haven't located one, in particular Buena Vista or otherwise. Ms. Eisenberg: The one on N.E. 2nd Avenue. Mayor Suarez: We think that they're pretty well placed as they are throughout the City, but... Ms. Eisenberg: Yes. We ask you to be more cautious when you allocate money. We ask you that when the funding for the institute is in place, that they stand on their own feet. We are not racist in the northeast area. We have never been. We never will be and the perception that we are is certainly totally unfair. Ms. Range: What stands out here at this Commission is that no one came to object to the loan for Garces three or four years ago. That loan is still in place, they are probably on their feet. Are you asking that the remainder of that money that they have been given be given back to the City also? If that isn't racist, then you tell me what it is. Mo. Eisenberg: I don't know of the other institute. 127 September 14, 1989 Ma. Ranges It's here... Ms. Eisenberg: We were not in place in 1985. Me. Mange: The public records are here, Mrs. Eisenberg. The public records are here. I spent many hours collecting that. Ms. Eisenberg: But for you to call me, especially, a racist is certainly not in place. Mayor Suarez: Wait, wait, wait, wait, wait. Everybody has made their statements. Unless anyone has to make any more statement, let's avoid the back and forth. OK, anything further from any Commissioner? If not... Mr. Plummer: How about item 37? Mayor Suarez: ...we proceed to the next item. Thirty seven. Mr. Plummer: Mr. Mayor, I believe there's a request on item 37. Bob Traurig is at the county and is on his way that since he is representing Dinner Key Boatyard that that be delayed until his arrival, if that's... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Bob Traurig. No, Traurig - she's the one that requested that we wait until Traurig got here and I don't think there's any big deal. Mayor Suarez: OK, well, we can table the item for a few minutes. We got other ones to take up that are still also scheduled. NOTE FOR THE RECORD: At this time, item 37 was tabled. 57. AUTHORIZE NEGOTIATION OF A $250,000 LOAN TO TEATRO MARTI - Proposed agreement to be brought back to the Commission for final approval. ---------------------------------------------------------------------------- Mayor Suarez: Item 38. Mr. Capote, I see he's here, Teatro Marti, to discuss - to address the City Commission. How are we doing, Jack, on - I don't know if they're coming here to talk about parking but... No? Mr. Plummer: Lucia is here, she wants Traurig here. Mayor Suarez: Is parking still the issue or do we have something else? Ms. Consuelo Luque: No, we have something else. Mayor Suarez: Ah, all right. Ms. Luque: We do have something else. We have some requirements for the, Fire Department that we need some - we came to ask some loan from the - to be changed. My name is Consuelo Luque... Mayor Suarez: Go ahead and say it into the mike. Ms. Luque: L-U-Q-U-E. Mr. Dawkins: What item are we on? Mayor Suarez: Thirty-eight, this is the Teatro Marti. Mr. Dawkins: What happened to 37? Mayor Suarez: We tabled it until they're present and they had asked to be heard at 4:00. 128 September 14, 1989 y Mr Odiot That's exactly what I told theta. Mr. plutmaert Well, that's What I've told them. Mr. Dawkins: Oh, four, OK. Mayor Suarez: Go ahead, Consuelo. Ms. Luque: OK. I have something here to read. Is that possible? Mayor Suarez: Is it short? Ms. Luque: Teatro Marti is planning... yes, it's only... Mayor Suarez: If not, paraphrase, please, because we will get the gist of it anyhow. Ms. Luque: OK. Mayor Suarez: If we get it at all which isn't always the case. Ms. Luque: No problem. What we're planning... Mr. Plummer: Well, wait a minute, excuse me, please, you know, because one thing I don't like to do is to spin the wheels. According to what I'm reading from the Manager, he doesn't have sufficient information to make a recommendation. Mr. Odio: Let me say this so we can save some... I met with Mr. Capote and her and I explained to them that we could not loan them money for construction. That I could get them with Miami Capital and that Miami Capital could work out a loan for working capital. Me. Luque: Working capital, that's right. Mr. Odio: That they should go to a bank, a normal lending institution, and get a loan for construction. Ms. Luque: Um hum. Mr. Odio: And that then we would help them with Miami Capital to obtain a loan for working capital. Ms. Luque: That's right, but... Mr. Odio: Because we just didn't have monies for it that we could lend to a private entity business for construction. And that's where we left it. Ms. Luque: One of the, you know, the questions I have is... Mr. Odio: And I did talk to Pedro Pablo and he said he would be willing to work with them to get them then their working loan. Mr. Plummer: So what are they doing here? Mr. Odio: That's their right to appear here. Mr. Plummer: But, I mean, is that agreeable with what the Manager recommended? Ms. Luque: We need some questions - I mean we need some questions to be answered. Mayor Suarez: You need answers, not questions. We've got a lot of questions around here. Ms. Luque: One of the... yes... OK. We want to know if we already had control number for a nonprofit organization in process, -I mean, if we are allowed for a grant. We have... 129 September 14, 1989 r 1 • Mr. Odio: If they wanted a grant for the nonprofit theater type, they would have to come through the process like all the other theater... Mayor Suarez: Community development bloc grant. It could be an economic development one though, couldn't it? Mr. Odio: I don't know if they would qualify for economic... I would have to check. Mayor Suarez: Frank? Mr. Plummer: Well, wait a minute. If they're a nonprofit organization, the thea... Mr. Odio: They are profit. No, they are profit organization now. They are for profit now. Mayor Suarez: They're going to create a nonprofit, they're going to... Mr. Plummer: She's saying they have a nonprofit number. Mayor Suarez: They're creating a nonprofit, she said. Ms. Luque: We are in the process. We have a control number but we are in the process of a nonprofit. Mayor Suarez: If they had a nonprofit and if the purpose was promotion of the arts and in the process, economic development of an area that obviously needs it badly, could they be eligible for CDBG funds? I'm not saying to make a final recommendation or anything but could they at least be even potentially eligible for CDBG economic development? _ Mr. Frank Castaneda: Sure. Sure, what we're recommending, Commissioners, and I believe that that is the reason that they are here, is that we were recommending to provide one-third of the funding with the other two-thirds coming from other sources. One thing that we are suggesting is that perhaps the other one-third could come from Metropolitan Dade County or from Miami Capital and they will be providing the other one-third of the financing. Mr. De Yurre: What is the reason for one-third, is there some....? Mr. Castaneda: Well, they were applying already under the mini UDAG program in which we say that above $50,000, we provide two to one match. That is two from the private sector and one coming from the public sector. Mr. De Yurre: Is that a City of Miami policy or... Mr. Castaneda: That has been a City of Miami policy and obviously, they can come to the City Commission for a deviation from that policy. Ms. Luque: I made a copy for all of you and in that copy I mentioned about the two by one and if, you know, that we were asking the Commission to change it 40 percent by 50 percent. But, just in case, if we are not, you know... I mean, if we are not... Mr. De Yurre: Let me tell you something. One of the things that I've seen for years that needs help has been the artistic industry in the Cuban community. I think that they have struggled for years and years to try to maintain something that is very important to our culture and it would seem to me that they need a forum from which they can have their plays and their shows as something that we can identify with as being part of our culture and be able to provide it in a way that we can all be proud of and support it financially by attending all these activities. And if we're looking not only to maintain our culture, but at the same time, spur economic development in an area that's totally depressed because that is one of the worst areas that we have in our City, then I think that it might be wise for us to consider getting the money that they need whether it's through deviation of our policy or whatever to help in funding this program to help the artistic community and the Cuban community to maintain our part of our cultural life, to spur development in an area that needs it, and to provide a forum that we can all be proud of and enjoy. 130 September 14, 1989 Mr. Castaneda: I agree with you a hundred percent, Commissioner. This it A very worthwriile project. Nowever, in my position, as you can see, all the batiks are not willing to participate in our price. My fob is try to get as Much additional other funding into the projects in order that we can do m6te projects. Mr. De Yurre: Well, is the :Honey available? Mr. Castaneda: Yes, Commissioner. Mr. De Yurre: OK, I make a motion that the money be made available to them barring, you know, subject to the administration working out whatever details and bringing it back to us in final form so we may approve it. Mr. Plummer: How much money? Mr. De Yurre: It's five hundred thousand. Mr. Castaneda: No, no... Mr. De Yurre: How much? Mr. Plummer: No, no. Ms. Luque: Total amount is $500,000. Mr. De Yurre: That's what I'm talking about. Mr. Plummer: But not from the City. Mr. De Yurre: Yes. Ms. Luque: No. Mr. Plummer: No, City is one-third. Now, let me ask a question. Frank... Mr. De Yurre: My motion is for the full amount if it's there. Mr. Plummer: For the full amount? Mr. De Yurre: If it's there. Mr. Plummer: That will be the largest single grant we've ever made. Mr. De Yurre: So, we make history. Mr. Castaneda: No, no, it would be a loan but, anyway, that will be the largest single loan we've ever made. Mr. Plummer: Have we ever made a loan of that amount? Mayor Suarez: What's the amount? -the total amount? Mr. Castaneda: Five hundred thousand. Mr. Plummer: Oh, I'm sorry, I cannot vote for that. I mean, you know, you're going to loan it for housing or are you going to loan it for something else like that, I could maybe go, but not for a theater group. I'm sorry. You know, I'll go along with a third, but if you're going to make the largest loan this City's ever made, it's going to be for housing in this person's book. Now, I'm sorry. Mayor Suarez: Let me just correct for the record. It is definitely not -the largest loan the City ever made. Mr. Castaneda: Well, for economic development, I'm sorry. Mr. Plummer: For economic development, it is. Mayor Suarez: You mean Insurance Exchange of the Americas is not? Mr. Plummer: That was $500,000 and $300,000. 131 Septomber 14, 19$9 E Msi, tuquat 'Lot Me ask You for twenty-three... Mayor Suareg: Yes, eight hundred total. Ms. Luque: Twenty-three years Teatro Marti has been, you know, in the area and it helped a lot. I mean, you have a copy of artists and everything that have been in Teatro Marti. Mr. Plummer: I think you have done a fabulous job. Ms. Luque: I think so. Not me, him. Mr. Plummer: But let me tell you something, when $600,000 of this City's money goes out and you stack up priorities, I'm sorry... Mayor Suarez: Well... Mr. Plummer: Priorities to me are to feed the hungry, take care of the sick and put a roof over somebody's head. That's number one. Ms. Luque: I agree. Mayor Suarez: And the thing is ... wait, wait, wait, wait. The thing is, when we try to do an economic development venture of this sort to improve a neighborhood, we try to find money every place we can find it so that our own money, which is really federal money, goes a little farther. Mr. Plummer: Is a multiplier. Ms. Luque: Um hum. Mayor Suarez: And it would be, I think, counterproductive and sort of not a good idea to not, in this particular case, try to get matching funds. The state funds, the arts and any nonprofit agency is able to apply. The state has safe neighborhood grant, planning grants, although some of those have been vetoed. Maybe they'll be revived. The state has a $23 billion dollar budget, the county has an almost $2 billion dollar budget and we are only administering federal CDBG grants which come in in a limited amount. Now, the area is as worthy as any in the City, I agree with the Vice Mayor on that. It is - East Little Havana is in awful shape and it's been affected by migration probably worse than any other part of the City, with the possible exception of South Beach. But we really ought to try to look for other funding and maybe one possible compromise might be half. Ms. Luque: Half? That will be great. I mean... Mayor Suarez: I shouldn't have said that. Mr. De Yurre: OK, I move for half. Mayor Suarez: Which is what, two -fifty? Mr. De Yurre: I second the Mayor's motion. Mayor Suarez: Yes, I'll move it if you need a motion. Actually, this does not have to go back to CDBG for... Mr. Castaneda: No, this will be funded under the miniUDAG program which the leverage ratio is two to one, as I said, you know, private sector to the public sector. Obviously, you're asking for a deviation from that. Mayor Suarez: We've done that also. We've gone to one to one in a couple of other... Mr. Castaneda: Right, right, you went in the case of Short Stop. Mr. rerhandatt The franchise. Mr. Plummert Food, the franchise. Mr. Castaneda: The franchise, The hamburger franchise. Mr. Plummer: I hope you're... Mayor Suarez: And that was a for profit. Mr. Castaneda: And this is for, you know, we're treating it as a for profit anyway. Mayor Suarez: They're doing a nonprofit. Mr. Plummer: But, Mr. Mayor, you know, here again, I've got to see more, Olt? I've got to see a budget of what this money is going for. Ms. Luque: You have it. UNIDENTIFIED SPEAKER: It's there. Me. Luque: It's there, you have it. Mr. Plummer: You just handed - excuse me... Me. Luque: You have copy of everything. Mr. Plummer: You just gave it to me. OK? UNIDENTIFIED SPEAKER: I know, I know... Me. Luque: Yes, yes, yes. UNIDENTIFIED SPEAKER: You're right. Mr. Plummer: I mean, I can't sit here and expend $300,000 of City money without knowing a lot of details. Mr. Castaneda: Commissioner, let me suggest this for you. Why don't you say that... Mr. De Yurre: Let's approve it and in five days if there's any objection... Mr. Castaneda: We would have to bring it back. Mr. De Yurre: ...we would bring it back at that point. Mr. Plummer.- No, they're avoiding the two to one leverage already. Mr. Castaneda: Commissioners, can I suggest that what you're saying is that you want greater flexibility in this particular project from two to one to one to one and I will try to get as much county money as possible. We've been talking with Miss Sarah Logdon to see how much they're willing to participate, but what you're saying is, the maximum loan of two -fifty and a minimum of a hundred and sixty-seven and I will try to bring you a dual deal somewhere in between. Mr. Plummer: Well, but not approved here today. Mr. Castaneda: No, no, I will bring you back the approval... Mr. Plummer: Subject to approval of this Commission at a later time. Let me tell you something. I want to tell you during the budget hearings today, I have had, and I'm sure all of you have had a visit from Jackson Hospital and they're requesting of this City Commission and the Manager tells me we got no money. One of the most legitimate requests that has ever come across my desk for $300,000 for five years for a shock treatment center at Jackson Hospital. Mr. Odio: I just got a call from Senator Bob Graham that he had received a grant of $10 million dollars today which five of them five million going to Jackson so I think... 133 September 14, 19891.. Mt. Plum "i1!rs Well, I'm telling you that I'm going to be pushing hard at budget hearings to try to do what we can. Mr: Odios Yes, but they have more money than we do. Mr. Plummer: Yes, but you keep telling me you have no money. Mr. Odio: We don't. Mr. Plummer: OK and yet here we are spending $250,000 for a theater... Mr. Odio: No, we're not. This is federal monies, this is a loan. Mr. Plummer: It's the same color. Ms. Luque: Mr. Plummer, it's not, you know, for the theater. It's for the renovation of the theater for the City. I mean, it comes with the facade of the place, you know... Mr. Plummer: I understand. Ms. Luque: ...and it needs it because it's one of the worst areas... Mr. Plummer: You don't understand. I have no problem with helping the theater, even though around the corner we've got the old Riverside Baptist Church that I'll bet you is not used thirty days out of the year. Am I right? Mr. Odio: Artime Center? Mr. Plummer: Yes. Mr. Castaneda: You're going to see something very different... Mr. Plummer: The auditorium. Mr. Odio: We will have that... Mr. Plummer: That thing we've spent a million dollars fixing that up and it isn't being used. Mr. Odio: From the state of Florida grants to renovate, yes. Mr. Plummer: OK, I've just got to see a lot more on this theater including budgets, including drawings, and everything before I'm ready to approve it. Ms. Luque: You have there copies of everything. You have, you know, like a proposal for the renovation... Mayor Suarez: He's not denying that, he says he needs more time to digest and absorb it. Mr. Plummer: That's correct. You know the term of the loan, the percentage going to be paid, what is the collateral being put up, all of that. What is the position of the City of Miami, are we number one, because that's where I'm going to be. All of that's got to be answered before I'm ready to vote. Ms. Luque: And is it possible to apply for grant instead of a loan? Mr. De Yurre: They'll work with you. But right now... Mr. Plummer: Yes, in principle, yes. In principle, I'll go along approving it in principle. Mayor Suarez: You can approve it in principle subject to that the actual loan terms being brought back to us for final approval. The Commissioner would like to see more about your project and everything else. Any of that. Ms. Luque: OK, besides that, we have a copy in for you for the parking. Mayor Suarez: Whatever way you make available. Yes, and of course, we'll = keep talking about parking and we've got our trusty parking... 134 September 14, 1909 Ms: Luque: Because we need 150 spaces. Mr. Castaneda: Might, Commissioner, let me raise that issue. As I underatand that from zoning if the building is renovated, they Will be required 200 parking spaces. Ms. Luque: Uh huh. Mr. Castaneda: They only have fifty... Ms. Luque: Fifty. Mr. Castaneda: ...parking spaces inside. Mayor Suarez: Mr. Mulvena, do we have anything on the discussion that we've had in the past about the possibility of using or building a small parking lot in an area that obviously has an incredible number of cars parked and we get a little revenue from parking meters? Off Street Parking, of course, not on street parking. Mr. Jack Mulvena: There is a public hearing scheduled for this Monday evening so that the community can come together to see how we're going to try to... Mayor Suarez: OK, it sounds like you have to get your ducks in order there. Mr. Mulvena: Yes. Mayor Suarez: To make sure you have support. Mr. Mulvena: Yes. So, we have a proposal... Mayor Suarez: It's one of the issues that will be considered will be this or this is the issue that will considered? Mr. Mulvena: Well, the issue is to provide additional parking in the area. To provide parking to meet any kind of particular kind of code we've never been in the business for, but to provide parking for the use in that area we're looking to do that. Mayor Suarez: Oh, I think we could probably find other cases in Coconut Grove where we provided additional parking for other facilities that also are art related and maybe if we hadn't, we wouldn't be able to meet certain code provisions, Mr. Mulvena. Mr. Mulvena: From us? Yes. I mean constructing them. Mr. Plummer: Well, Mr. Mayor, that's outside of their financial request. According to this... Mayor Suarez: I understand. This is just a whole different thing. Mr. Plummer: And also that the Off Street Parking build the additional 150 parking spaces that are required. I guess it's your expense. Where's that money coming from? Mr. Mulvena: Well, it's - you know, we haven't agreed to that yet. Mr. Plummer: What's a parking space? What's the value of a parking space? Six thousand? Mr. Mulvena: Well, we can build a surface parking space for about $1,500. But still... Mr. Plummer: Well, obviously, you're not going to do surface for $150. Mr. Mulvena: No. Mayor Suarez: Like every other project that they fund, the Off Street Parking Authority they pay off the bonding with parking meter revenues or parking garage revenues including the Coconut Grove Arts Playhouse and this may be�a lot smaller one than that and with as much need, if not more. In any event, 135 September 14, 1989 4S that is a separate issue and obviously, you're not going to go forvatd unless you have parking because the code otherwise you'd have to have some kind of a variance and I don't think this Commission's going to want to give a variance to an area that's already congested as that is, so you got another little _ obstacle to overcome there. OR, we have a motion. I made the motion. Mr. De Yurre: And I seconded it so, Miller. Mr. Plummer: Motion made, as I understand it, in principle. Mr. Fernandez: Correct. To approve in principle. Mr. Plummer: Is that correct? Come back at this Commission at a later date. Is the motion fully understood? Call the roll. The following resolution was introduced by Mayor Suarez, who moved its adoption: RESOLUTION NO. 89-821 A RESOLUTION, APPROVING, IN PRINCIPLE, A LOAN AGREEMENT WITH TEATRO MARTI; AUTHORIZING THE CITY MANAGER TO NEGOTIATE SAID LOAN AGREEMENT IN THE RANGE OF $167,000 - $250,000; AND FURTHER INSTRUCTING THE CITY MANAGER TO REPORT TO THE CITY COMMISSION UPON COMPLETION OF SAID NEGOTIATIONS. (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 Rosario Kennedy _— Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Dawkins: Mr. Castaneda, this loan is being made how? What is a mini UDAG? Mr. Castaneda: Right, Commissioner... Mr. Dawkins: I would like for the people from the northeast to hear this please. What is a mini UDAG? No, ma'am, we finished. Ms. Luque: Oh, OR. Mr. Dawkins: What is a mini UDAG? Mr. Castaneda: Commissioners, a mini UDAG was invented by the City sometime ago and the idea was to do development types of projects that were too small to participate in the UDAG program and also to be utilizing in conjunction with UDAGs in order to increase the leverage ratio. We submitted a lot of... Mayor Suarez: Meaning the leverage ratio, meaning the total amount of public support for a particular project as opposed to private. Mr. Castaneda: Correct. Correct. And... Mr. Dawkins: Is there any money available? „ Mr. Castaneda: Yes, we do have money available. Mr. Dawkins: OR, so if the northeast decided to take one or two projects on Biscayne Boulevard and apply under a mini UDAG grant, would that be possible? 136 September 14, 4909 Mr. Caetaneda: Sure. Mr. Odio: Yes, air. Mr. Dawkina: Thank you, that's all. Mr. Castanedas And I've talked to them... Mr. Odio: And I, by the way, Commissioner, I mentioned - I don't remember who - that they should be looking at the Playboy Club and to see if we could get it through the mini UDAG the way of obtaining that property and making something out of that property. Mr. Dawkins: See, I'm interested in the Boulevard, not the Playboy Club. So I want them to come in with some things to do just to rehab the Playboy Club and the rest of the Boulevard remain, like we're not doing anything. So, I want them to come in with a plan that will attack all of... at least a solid block of Biscayne Boulevard, Mr. Manager, so that we get something that will anchor more people to participate, that's all. OK, thank you. Mayor Suarez: And, of course, we're about to create a task force trying to make recommendations. Mr. Plummer: In reference to Theater Marti... Mayor Suarez: Please, please, please, please. Mr. Plummer: In reference to Theater Marti, I would ask the administration, since it's very, very clear in this proposal, that the construction documents that the price quoted is only based on the so-called blueprints that you get a copy of those and go over them. Mayor Suarez: Item 40 is skipped over and tabled. They have requested to be heard at about 7:00 p.m. Mr. Plummer: I won't be here. Mr. Dawkins: OK, well let's go back to... Mayor Suarez: Which doesn't necessarily mean that we'll all be here, but... NOTE FOR THE RECORD: Item 27 was temporarily tabled until 7:00 p.m., same date. ------------------------------------------------------------------------------ 58. EXTEND DATE ON WHICH MERRILL-STEVENS DRY DOCK CO. MUST VACATE CITY -OWNED PROPERTY AT 2640 SOUTH BAYSHORE - with provisos. Mr. Dawkins: What about 37? You said 37 was going to heard at 4:00 o'clock Mr. Plummer: Is Traurig here? Mayor Suarez: What was the request on item 37? Mr. Plummer: Is Traurig here? Lucia. Mr. Dawkins: No. Mr. Plummer: Why do we need Traurig? Mr. Dawkins: Because he's the head man. Mr. Plummer: Oh, you can't speak, that's... Mr. Dawkins: No. That's right. 137 September 14, 1964 G jigate. l Mr. Fornandozi Correct. Mayor Suarest OK# item... Mr. Plummer: Well, let's see if we can't work it out, l think we can. Come on Sechens. Mayor Suarez: Who is Bob representing now? Mr. Plummer: Long tall Sally. Mr. Odio: Represents Merrill -Stevens. Robert Sechen, Esq.: Robert Sechen, 1 S.B. 3rd Avenue, Miami, Florida for Merrill -Stevens. We asked for the deferral originally because Mr. Traurig wanted to be here to speak for Dinner Key Boatyard. What we are trying to do, Commissioners, is to create and orderly transition... Mr. Plummer: What is their date to move out? Mayor Suarez: And wait a minute, when you said that Mr. Traurig wanted to be here in representation of Dinner Key Boatyard, one of principals is here so presumably, if he finds whatever arrangement acceptable, then he would be able to speak for himself. Mr. Plummer: Well, yes, and that's true and here comes Traurig now. Mr. Dawkins: Here he is. Mr. Sechen: Let's do this. Mr. Plummer: But Mr. Traurig has... Mr. Sechen: We have planned, Mr. Traurig is going to give the presentation relative to this agenda item so let me just... Mr. Plummer: Mr. Traurig... Mr. Dawkins: We don't need all of that. Mayor Suarez: But that's the only agenda item that we have. Mr. Sechen: That's correct, that's correct. Mr. Plummer: Mr. Traurig, at this time, has no standing before this court because they have no contract. Mr. Dawkins: That's right. Mayor Suarez: Well, they're the successful... Mr. Sechen: At my request, Mr. Traurig is here, Mr. Plummer. Mr. Dawkins: OK, let's see if we can't short circuit this. Mayor Suarez: Yes, I mean, everybody has standing... Mr. Dawkins: OK, the two sides met that's involved in this. Both sides agreed that in order to remain friendly and keep the public on our side, that an arrangement was worked out where Merrill -Stevens would remain there and provide the boating services that are required while everything else is going on and the people who have their boats stored there would not be disrupted and the boat services would not be disrupted. That agreement has been reached between the two principals. So, if the two principals agree, and I think something was worked out where February 1 would be the date to vacate, I was told, and that's been agreed on, so I move it. Mr. Plummer: No, no, whoa, whoa, whoa, no, no. Excuse me. Mr. Dawkins: What? Why? OK, well... 138 Mayor Suaret: What is missing in that, if anything? Mr. Plunmers Merrill -Stevens, in my understanding, is to move out November the lot. That was their... Mr. Dawkins: Right. Mr. Plummer: That was their hundred days that we gave them in which to moue out. Mr. Dawkins: Right. Mr. Plummer: Now. What they're asking is to move out March the lot. Is that correct? Mr. Dawkins: April. Mr. Sechen: Thirty-first. Mr. Dawkins: No, February. Mr. Sechen: March 319t. Mr. Plummer: April 1st. Mr. Dawkins: April 1st. Mr. Sechen: April lot. Mr. Plummer: OK, now, then, as far as I'm concerned and I told them this before the hearing, they're going to pay me, the City, this other outfit is going to pay me $400,000 minimum a year, OK? Now, to me, you take 365 days, you divide it into four hundred thousand and that's so much per day, roughly a little over a thousand dollars. If they want a 30-day extension, they're going to pay me $30,000. They're going to pay me 60-day extension, they pay me sixty thousand. Mayor Suarez: All right, we got the math. Now, is that part of the deal or not? Mr. Plummer: I don't know about a deal, that's for my vote. For my vote, the City's going to derive its revenue starting November 1st. Now, it's immaterial to me, I'm glad to hear that both of these parties are working out in the best interest of the City and as far as I'm concerned, taking over April 1st is no problem if both of them worked it out. But I, the City am going to want my thousand dollars a day. Who pays it? Immaterial. Mayor Suarez: Mr. Manager, so we can cut through this... Mr. Plummer: That's where I'm at. Mayor Suarez: ...is that agreed upon by both parties and... Mr. Odio: I don't believe they agreed to that, but I told Lucia this morning that that would be my condition that since the contract reads, the one that we have reached and we will bring to you in September 28th, that once they take possession, they start paying full rent. Mayor Suarez: In fact, I don't think we have any alternative... Mr. Odio: No. Mayor Suarez: ...because we have put this out for bids, we have specified minimum rent payment and we could not just allow the party who was there and the party who is the successor in interest to establish their own deal. 0 Mr. Plummer: So, you're talking about November, December, January, February, �I March... Robert Traurig, Esq.: Mr. Mayor... Mayor Suarez: I don't see any way around that, Bobby, even if we wanted. ME 139 September 14, 1989 a Mr. Plummers Five months, a hundred and fifth days. Mr. Traurig: Notwithstanding the fact that we won't get physical possession until April 1, we've agreed to pay, the rent - the full rent starting on February 1. Mayor Suarez: Of course, that takes us from February 1 on, but we were supposed to be receiving the full rent from what date? Mr. Sechen: And, Mr. Mayor, we have... We have agreed to pay the rent as we have been paying up until February 1 to the City of Miami. Mayor Suarez: The old rent. The old rent. Mr. Sechen: The old rent. Mayor Suarez: Which was how much? Mr. Sechen: It's approximately $15,000 a month. Mr. Plummer: What's that? Mayor Suarez: So, it's... Mr. Plummer: No, no, no, the old rents out. That's out. Mayor Suarez: I just asked him what the amount was. Mr. Sechen: The Mayor asked... what we had agreed to do and I was just answering the question. Mayor Suarez: And, otherwise,... Mr. Plummer: No, here, look, let's be honest. If not, then I say thank you, Jimmy, I love you dearly, you're out and this man starts paying me the thousand dollars a day. That's only fair. Mayor Suarez: When would... Mr. Plummer: I voted against that proposal so don't, you know, I'm the wrong one to... Mayor Suarez: Mr. Manager, under the agreement, the award, when would their payments have to begin? Mr. Odio: Immediate possession it takes - when they take possession, they begin to pay us a month the amount due. Mayor Suarez: Which would have been when? What was the date again? Mr. Plummer: No, no. Mr. Odio: November 1st, they would move - they would be out by November 1st. I would give them possession the next day. Mayor Suarez: November 1st. Mr. Plummer: No, that's not the case. Mr. Odio: Yes, sir, it is. 1 Mr. Plummer: The contract that I understand that exists is once the contract is signed, they have 120 days to take possession. J Mr. Odio: No, sir. We have 120 days to give them possession. Mayor Suarez: Yes, a hundred and twenty days was from the award so that one group could... Mr. Plummer: Well, there's not been an award. i ■ i 140 t Mayor Suares: Yee, we awarded it to this group. Mr. bdioe No, no, wait a minute, Mr. Mayor, let me see if I can clarify this. The contract reads clearly that when they take possession, they start paying. It's up to the City when they take possession and my plans were to give theta possession November the 2nd. That means they would have to stay... Mayor Suarez: Which coincided with the end of 120 days that we had given the... Mr. Odio: Yes. Yes, sir. Mayor Suarez: ...or whatever the number of days was and so if we accepted this arrangement, we would compared to the maximum that we could possibly generate, would be out... Mr. Odio: You would lose eighteen thousand five... Mayor Suarez: ...three months of the difference between the existing lease payments and the agreed upon - the awarded lease payments so it's roughly $45,000 altogether. Mr. Sechen: And it's for that. Mr. Odio: No, it's more than that. You would lose about $19,000 a month. Mayor Suarez: Well, he said they're paying fifteen, and they would be paying a little bit over thirty a month so it's three months so it's about forty- five, maybe fifty thousand. Mr. Dawkins: I'm at a loss, Mr. Mayor. Mr. Sechen: And for that, OK... Mr. Dawkins: I'm at a loss. Mayor Suarez: Yes, Commissioner Dawkins. Mr. Dawkins: We went in, we had people bid, we came out with an award. Then we have the loser and the winner coming up saying what's best for the City of Miami. We are going to collectively work - we're going to forget who won the bid and who lost the bid. We're going to do what's best for the City of Miami and we're sitting up here arguing because they want to do it. Mr. Plummer: No, no, we're... Mr. Dawkins: I'm at a loss, I don't understand what we're doing. Mr. Plummer: No, no, we're arguing about the potential loss to the City of dollars. Mr. Dawkins: If we had not bid and had the , we'd still been losing. I mean... Mr. Plummer: But we did. Well, wait a minute. Do you have any problem if they take over March 1st? Mr. Traurig: If we take over March 1st? Mr. Plummer: Right. Mr. Traurig: No, we have no problem taking over March 1st. Mr. Plummer: Do you have any problem with paying the thousand a day? Mr. Sechen: We cannot afford to stay there and provide the services to the boating public for that amount. What we can do, J. L.... Mr. Plummer: Bye. Mr. Dawkins: All right, well, hold it, hold it, let me... J.L., let me ask a question then. OK. Are you prepared then to operate it and if there's a 141 September 14, 1909 profit, we take the profit from the operation? Wait a minute, J.L. You sad► that you can't afford to stay there at a thousand dollars a month... Mr. Plurtemert A day. Mr. Dawkins: A day. Mr. Plummer: A day. Mr. Sechen: Day. Mr. Plummer: That's what the other outfits paying us, Miller. Mr. Dawkins: Well, that's who there now. Mr. Sechen: Commissioner, I think it's important to understand some of the objectives of what we're trying to accomplish and those objectives are, number one, there are a number of employees, that if we go into construction, and if the intent of Dinner Key Boatyard is to shut down the yard as of November 1 and we're capable of being out of there by November 1. There's no question about that. But those employees will not have particular places to go so we're interested in continuing that, we're interested in making sure that the City has services to be provided during that five month when the permitting is going on and the only thing under the arrangements that we have arranged for, the only thing that the City is giving up is the differential for the three months, that's all. The differential for three months. Mr. Plummer: Five months, no, no, five months. Mr. Sechen: No. Mayor Suarez: Yes, and let me ask on that... Mr. Plummer: November, December, January, February, March. Mr. Sechen: No, no, no, three months. Mayor Suarez: No, three, no, no, because they're willing to pay as of February 1st. Mr. Sechen: That's correct. Mayor Suarez: They're willing to pay as of February 1st and they would pay until November 1st. Now, Mr. Manager... Mr. Traurig: Three months, November, December, January. Mayor Suarez: ...did you have any discretion as to when the new group would be required to begin operating? For example, could you have said, instead of November 1st, could you have said December 1st? Mr. Odio: Yes. Mayor Suarez: And which case we would have lost an entire month's... What would have... Mr. Odio: Yes, but I wouldn't do that. Yes... Mayor Suarez: See, I'm arguing for you. Counselor. I don't know, Commissioners, you could see a hiatus between one group and the other happening in many circumstances in which case we'd lose a month or two and this way, if we had lost a month, it would be almost the amount that we're dealing with here and at least we have continuous service up until the time they take over. I don't... Mr. De Yurre: The way I see it is it's not that difficult. Come November 1st, this group is supposed to take over and they're supposed to start paying approximately $30,000 a month. So, our position is that, starting November 1st, we get the thirty odd thousand dollars and if - and that's on the other side... Mayor Suarez: We don't care who pays. 142 September 14, 1989 Mr. De turret if they went..* we don't care who pays. Mayor guaroz: We don't care who pays. Mr. De Yurre: If the other side wants to accommodate each other somehow as to the payment of those 30 plus, we don't care. Mr. Plummer: Oh, oh, OK. That's fine. That's fine. Mr. De Yurre: Now, if there's a problem that they can't come to an agreement, then Merrill -Stevens is out November lot and the other group has to come in and start paying right away the full amount. Mayor Suarez: Frankly, yes, to do otherwise, we'd subject ourselves to lawsuits from the other entities that bid. Mr. Plummer: That's fine, I have no problem with that. Mayor Suarez: I don't see any way around it. Mr. Sechen: Well, the down side with that is the employees and the boating public because Merrill -Stevens has the right, as of November 1, the right to remove all their equipment on the premises and that leaves the boating public unable to have any services. Mayor Suarez: Actually, it's worse than that. You probably have the right to leave before then if you wanted. Mr. Sechen: Well, that's correct. But we, you know, we're saying we're not going to do that. Mayor Suarez: That's something to be considered, Commissioners. I don't... Mr. Sechen: If, in fact, if there is an objective of this Commission to continue to provide to the boating public facilities during the end of the hurricane season, to continue to provide one of the things that we've said in our agreement, was that we will use our absolutely best efforts to make sure that all the people who are employed remain employed during that time. We're trying to absorb them into our other facilities so that these people who are employed with the City of Miami remain employed with the City of Miami within the City of Miami by Merrill -Stevens. We are absolutely operating in good faith in this regard and we really would appreciate it as a City of Miami company that you vote for the plan that we've proposed to you. Mayor Suarez: Do you want to go half way and just tell them? Mr. Dawkins: I was with you till you got to that point. I'll guarantee you that if a third of the employees there live in the City of Miami, I'll buy you a coke. Mr. Plummer: Is that Coca Cola? Mr. Dawkins: Yes, Coca Cola. Mayor Suarez: You know, one possibility... Mr. Sechen: I took it as that, Commissioner Plummer, I don't... Mayor Suarez: There really is a lot to the argument that they could leave and = leave us with interrupted service. If one possibility - I don't know if I just want to propose it is that the new rate would take effect January 1st and that would... Mr. Plummer: Why? Mayor Suarez: ...you'd have to - well, it gives us another two months of - _'_ another month of the new rate, which is higher. Mr. Plummer: You've lost $60,000. Mayor Suarez: We've lost $30,000 roughly. 143 September 14, 1989 j - Mr. Plummer: OK. No, thirty-six thousand. Mayor Suarez: But, we have their agreement that they will not interrupt service in return for that. Otherwise, they could leave tomorrow. Mr. Plummer: well, let me ask you a question. The - Sherman, aren't you prepared to take over on November the 1st and provide service? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Mayor Suarez: Let the record reflect that without standing up, he's trying to tell us that he can't provide the service. You have to, Sherman, you have to get up here and speak on the mike. You can't do it from there. Mr. Plummer: OK, they have a hundred days, Mr. Manager, in which to start providing service? Mr. Odio: No, no. They got the award a hundred days ago. Mr. Plummer: But, I mean, what is the contract provide for the new group to start providing service? The day that it's awarded? Mr. Odio: The day they take possession, they would have to establish their operations there. It would take some time. It would be a down time there. It will happen anyway when they move out and I explained that to them yesterday. Whether it's in February, December, or March... Mr. Plummer: Well... Mr. Odio: ...when they move out, you're going to have interruption of services anyway. Mr. Plummer: I think that De Yurre's idea is fine. Mayor Suarez: Yes, De Yurre's idea is we get the new amount, the higher amount from the day that we could conceivably require for them to be in there and for you to be out. Mr. Plummer: November 2nd. Mayor Suarez: The problem is that it's not agreeable at this point and these guys may just leave anytime they want and leave interrupted service, so I'm willing to propose a compromise. Mr. De Yurre: The way I see it, I don't see any benefit from what we're hearing right now. If there's going to be down time, no matter if it's now or in four months. Mayor Suarez: It's only a detriment. It's not a benefit, it's only a potential detriment. They could leave tomorrow and leave interrupted service for the boaters. Mr. De Yurre: OK, well do you say no, Sherman? Mr. Sherman I would like Mr. Traurig to speak to this matter. He was here to represent... Mr. De Yurre: Well, he's getting paid by the hour so he might as well say something. Mr. Sherman: That's right. Mr. Traurig: We have, over a long period of time, negotiated what I think both sides now consider to be a fair lease. The lease requires that rent begin at a certain point. It doesn't say that we have to commence service because, obviously, there is a hiatus period during which we have to prepare to offer those services after Merrill -Stevens has removed its equipment. So, to that extent, what Mr. Sechen said has merit and we're prepared to bite the bullet and pay the rent starting on February 1st despite the fact that we won't have possession of the yard and we think that that's fair and it would seem to me that a fair result would be obtained if Merrill -Stevens would agree 144 September 14, 1989 that for that brief period of time, it would pay what it considers to be higher rent than it ought to pay, but, nevertheless, under the eireumntanees4 giving Merrill -Stevens possession until March Sint, I think justifies picking up that rent during that interim period. Mr. Odio: But, Mr. Traurig, didn't you know when you won the bid that you would have to start paying rent the moment of possession? Mr. Traurig: We are prepared to... Mr. Odio: Isn't that what was a part of your RFP? Mr. Traurig: We are prepared to do that if we are granted possession. Mr. Odio: Well, I'm granting you possession November 2 if the Commission agree. Mr. Plummer: November the 2nd. Mr. Odio: The Commission agrees. Mr. Plummer: It was a hundred days is what we put in there. Mr. De Yurre: Hold it, hold it, let's figure this one out. We may be somewhere, we may be some getting close. You're saying you're going to start paying February 1st, the full amount. Mr. Traurig: Yes. Mr. De Yurre: OK, now, February 1st the full amount. You guys want to stay there till March 31st where you will pay, continue to pay... Mayor Suarez: The old rate. Mr. De Yurre: ...your overhead, what you've been always paying. So, for that two month period, we're going to be gaining extra what they're going to be paying. Mr. Traurig: No, no... Mayor Suarez: Ah, you want to double it up as of February 1. Mr. De Yurre: Which - hold it... Mayor Suarez: That's interesting. Mr. Plummer: Do what? Mr. Traurig: No, that's... Mr. De Yurre: Which is an extra - hold it, hold it - which is an extra, what?-$30,000? Mayor Suarez: It would be... Mr. Traurig: No, no, no... Mayor Suarez: ...from their perspective, an extra $66,000. From the old rate, it would be an extra thirty. Mr. De Yurre: So, we're getting an extra thirty there, they're paying fifteen for November, December, and January so, actually, there's only fifteen thousand dollars difference. Approximately. Mr. Traurig: Commissioner, we had anticipated that we would be able to mitigate our loss by collecting some rent from them during that February and March period. Mr. Plummer: Hey, I like... Mr. De Yurre: Well, there, you see. 145 Saptembar 14, 1409 a Mr. Plummer: Let me speak for one. I like Victor's plan that on November the Ind, the award to given to Dinner Key Boatyard, which I voted against, and let Merrill -Stevens negotiate with Dinner Key Boatyard. I don't care who's there as Much as I am that the thousand dollars a day is paid to the City. That's what I'm interested in. Mayor Suarez: All right, as a policy matter, let's reduce these to motions so that we can tell them how... Mr. Plummer: I'll move, at this time - well, I can't move that we grant the award, because we haven't seen the contract. Mr. Odio: The contract will be before you September 28th. Mayor Suarez: No, you're not moving on that. You're moving on requiring that the new rates begin, as of November 1. I would be willing to vote for another period to allow these other people to stay at the old rate, but which ever, let's just move and set as a policy. If they don't negotiate you're going to have one group possibly leaving there, that's the only risk you have. So what's the motion? Mr. Plummer: I'll make a motion at this time - well, I'd rather Victor... Mr. De Yurre: Why don't we go with the one I suggested, the last one? I think that's, you know... Mr. Sechen: Yes. Mr. Plummer: What is the... I didn't hear the... Mayor Suarez: That we get payment from... Mr. De Yurre: They have to pay the thirty no matter what. Mayor Suarez: ...them as of February 1st and we get their payment until March 31st, so we get two payments for that overlap period of February and March. Mr. Plummer: Then we're losing 3 months of overlap. Mr. De Yurre: Yes, but we're picking up two. Mayor Suarez: We're losing three months of fifteen and gaining one month of thirty-three and another of fifteen. It's about the same. Mr. Plummer: Make it clean. OK? Mayor Suarez: It's about the same. Mr. Plummer: Clean is very simple. That the award be granted on November the 2nd to Dinner Key Boatyard... Mayor Suarez: Because that ... Mr. Plummer: ...assuming the contract is approved and let Merrill -Stevens negotiate... Mayor Suarez: ...that doesn't take care of the problem of them providing the transitional period. Mr. Sechen: There will not be any services provided, because during the permitting process, as you know, it's going to take eight months and we're trying to cover the services during that time. Mr. Plummer: Mr. Sechen, during the process, regardless of when it happens, you've got that problem. Mayor Suarez: Wait, we're going to try for a motion otherwise we're never going to get out of here. Commissioner Plummer. Commissioner Plummer, we've got a motion here... Mr. De Yurre: Here's my motion. Boatyard starts paying February 1st the full amount. You guys, that's Merrill -Stevens, continues to pay... 146 September 14, 1989 sue. Mayor 3uarest The old amount. Mr. be Yurres ...the monthly rental all the way through March 31st to the City. That way... Mayor Suarez: And possession is delivered to them March 31st. Mr. De Yurre: Possession is March 31st. Mr. Sechen: We would agree with that. We think that's fair. Mr. De Yurre: Well, let's see if... Mr. Plummer: Well, what happens to the eighteen thousand difference a month for November, December, and January? Mr. Traurig: Sherman! Mr. De Yurre: We're picking up their extra... Mayor Suarez: We lose that but we pick up an extra... Mr. De Yurre: Two months from them. We do. Mayor Suarez: ...two months from them for February and March when we're also getting from them. About as close as you can come. Mr. Plummer: Mr. Mayor, here's what's acceptable to me. You're talking about five months, roughly a 150 days. Mayor Suarez: I don't care what's acceptable to you, we have a motion. Mr. Plummer: OK... Mayor Suarez: If we have a second, we'll vote... Mr. Plummer: Then I got to vote against the motion. Mayor Suarez: Fine, but we can't be at this forever. Mathematically, we've tried every possible alternative here and this is... Mr. Plummer: It's a $150,000 regardless. I wouldn't let them out for less. Nobody. Mr. Fernandez: Mr. Mayor, point of order. Mayor Suarez: Yes. Mr. Fernandez: Madam City Clerk, you have the motion clear? Ms. Hirai: I don't have a second and, no, it's not clear. Mr. Dawkins: What is the motion? Mayor Suarez: The motion is that the City accept or require for the smooth transition for the existing Merrill -Stevens tenant, to pay until March 31st of 1990 what the - is this existing rental fee and for the new group to begin paying their fee, which is roughly $400,000 a year, as of February lst, so we have two months where we get from both of them and possession must be delivered no later than the 31st... Mr. Fernandez: Point of order, Mr. Mayor. Mayor Suarez: ...of March. Mr. Fernandez: Mr. Mayor, excuse me... Mayor Suarez: Yes. Mr. Fernandez: Just to make clear. Here we're interfering with contractual rights of the party and I don't think that we can impose this condition on them unless they're willing, on the record now to... 147 September 14, 1989 Mayor Suares: we've got to get all the parties to agree. Mr. Dawkins: All right. I'm going to second it after we finish with this motion over here. OK, go ahead, when they finish. Ms. Range: You've seconded it? Mr. Dawkins: No, ma'am, all right, I'm going to second it under discussion. Under discussion... Ms. Range: Yes. Mr. Dawkins: ...do both parties agree to abide by Commissioner De Yurre's motion? Mr. Sechen: On behalf of Merrill -Stevens Drydock, we agree and it's fair. - Mr. Traurig: Could he repeat it, Commissioner? Mr. Dawkins: OK. Well, Madam Clerk, read it, please. Ms. Hirai: That the City requires for the smooth transition that Merrill - Stevens continue to pay through March 31st and for the new group to begin paying as of February 1st. Mr. Traurig: I think we do. Mr. Dawkins: You think we do. Mayor Suarez: Yes, because they're going to figure out a way to split that extra overlap payment so that they each absorb half of it probably or whatever... Ms. Range: Mr. Mayor. Mayor Suarez: Yes, Commissioner Range. Ms. Range: I need to get an answer from our City Manager. Mr. Manager... Mr. Traurig: OK, may we modify that by... Ms. Range: ...of course, I was not here in the outset of this. Mr. Plummer: Mr. Mayor, I'll go along... Ms. Range: Wait a minute, Commissioner. Mr. Plummer: I'm sorry, I'm sorry. Mayor Suarez: Wait, but you interrupted Commissioner Range and that's happened so many times today that... Ms. Range: It certainly has. Mayor Suarez: Not as many as me. I've been interrupted more, but go ahead. Ms. Range: I was not here at the outset of this and I'm going to have to lean heavily on your recommendation. What is your recommendation on this motion? Mr. Manager: We're losing some revenue, but it's better than all so I would s have to go along with it. Mr. Plummer: May I, for the record, just after calculating them paying $500 a day for 150 days and them paying a thousand dollars a day for the 60 days, we get a $135,000 which is out opposed to the other of one fifty. It's only $15,000 difference. 148 September 14, 1909 Mr. Plummer: Yes. Mr. Fernandez: Mr. Mayor. Mayor Suarez: Yes. Mr. Fernandez: Mr. Dawkins' question gains relevance especially in light of the fact that during the period of time of February and March, during those two whole months, we're going to have two parties who will be paying to the City and then the question rises, who has possession, responsible for liability.... Mayor Suarez: But, right... not only that, there's - it's more than that, they would have possession as of March 319t, but the Merrill -Stevens group has possession and obligation... Mr. Sechen: And we would enter in... Mayor Suarez: ...to be there and render the services they're rendering now up until the end of the month, including insurance. Mr. Plummer: As well as liability. Mayor Suarez: Including insurance. Mr. Odio: And including... Mr. Sechen: That's correct and we would abide by the existing contractual obligations that we have during that period of time. Mayor Suarez: In fact, from the legal standpoint, all we're doing is they're _ making an extra payment in anticipation of the beginning of their lease which really begins on March 31st. It's your lease until March 31st under the existing terms. Mr. Sechen: That wouldn't... it's imma... Mr. Plummer: The monies - all right here's another thing I want to impose. Mayor Suarez: Yes, but they're making their new payments in anticipation of Mr. Sechen: That's fine, either way. That's OK. Mr. Plummer: The monies to be paid by Merrill -Stevens, which is $75,000, is payable before November the 1st. I don't want to have no argument afterwards or any discussion. Pay me the $75,000 before November the 1st. UNIDENTIFIED SPEAKER: Commissioner Plummer, we've been there for 40 years. Our books are wide open, we have never been a day late. We pay the City 10 percent of the gross storage and 5 percent of the labor and material. Merrill -Stevens is willing, we've demonstrated for 40 years. We pay our bills. They'll be paid monthly at that rate. Thank you, sir. Mr. Plummer: Huh? You say they're good? No, what I mean when I say it's good, I... Mayor Suarez: The Manager hereby guarantees payment. Mr. Plummer: No, no, no. My area of concern, Mr. Mayor, is any discussion or disruption or disputes at the end of April 31st. UNIDENTIFIED SPEAKER: There will be no dispute. We have an agreement for a smooth transition that if this Commission approves this plan, will allow for the uninterrupted service to the yachting community and a smooth transition to the people that are presently tied up at those docks and I... Mayor Suarez: Yes, that's built into the motion. 149 September 14, 1989 - s Cant ntraD SPEAKEkt I respectfuily request your support. Mr. Plufter: You're paying monthly, is that correct? UNIDENTIFIED SPEAKER: Yes, sir. Mr. Plummer: OK. Mayor Suarez: All right, we have a motion and a second. further discussion? Mr. Traurig: We agree with the sense of the motion, yes. Do we have any Mayor Suarez: OK. Yes, there are details to be worked out possibly by the administration, but as to any other protections that we need. Yes. Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-822 A RESOLUTION AUTHORIZING MERRILL-STEVENS DRY DOCK COMPANY TO CONTINUE PROVIDING MARINE RELATED SERVICES AT CITY -OWNED PROPERTY LOCATED AT 2640 SOUTH BAYSHORE DRIVE FROM NOVEMBER 1, 1989 TO MARCH 31, 1990 AT A MONTHLY RENTAL RATE OF $15,000, SAID SERVICES, OBLIGATIONS AND INSURANCE TO BE PROVIDED IN FULL AS ORIGINALLY SET FORTH IN AN EXISTING AGREEMENT; FURTHER AUTHORIZING SUBJECT TO COMPLETION OF CONTRACT NEGOTIATIONS, DINNER KEY BOATYARD, J.V. TO COMMENCE PROVIDING FULL MARINA AND ANCILLARY SERVICES AT SAID PROPERTY FOR A TERM BEGINNING ON FEBRUARY 1, 1990 AT AN ANNUAL MINIMUM GUARANTEED RENT OF $405,000, WITH DINNER KEY BOATYARD, J.V., TO TAKE POSSESSION OF SAID PROPERTY ON MARCH 31, 1990. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: Go away and sin no more. Mr. Sechen: Thank you, Mayor and Commissioners. Mayor Suarez: And, hopefully, the actual details and mechanics will be worked out. 59. (Continued Discussion) BRIEF COMMENTS CONCERNING CARNIVAL DEVELOPMENT +COMMITTRB'S REQUEST FOR USE OF BICENTENNIAL PARK (See labels 46 & 50). .�- - --------......-..-.....__....--------------------------w...._..._.....��.�.�....��. Mr. Odios Mr. Mayor... Yes, I'm sorry, I... Mayor Suarez% Yes. Mr. Odios Yes. Mayor Suarez% So it expired, the present one would expire at the end of this month? Mr. Odio: Yes, air. The question we were asked later - earlier today on the carnival, West Indies Carnival. They did give us a deposit of $340. Mr. Plummer: I can't hear you, what? Mr. Odio: You want me to say it in Spanish? Mr. Plummer: No, say it in English. Mr. Odio: The carnival development committee gave us $340 deposit for the use of the Bicentennial Park for their festival on October 8th so they're entitled to those dates. Mr. Plummer: OK. Mr. Odio: So, you... Mr. Plummer: That settles it. Mr. Odio: That settles... Mr. Dawkins: Thank you. ------------------------------------------------------------------------------ 60. (A) AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH HOLLAND & KNIGHT TO SERVE AS THE CITY'S TALLAHASSEE LEGISLATIVE CONSULTANTS (LOBBYISTS). (B) AUTHORIZE ALLOCATION OF $25,000 FOR ELECTED OFFICIALS WHO NEED TO UNDERTAKE LOBBYING EFFORTS DURING LEGISLATIVE SESSIONS. ------------------------------------------------------------------------------ Mayor Suarez: Item 41. Discussion concerning selection of the City's legislative consultant in Tallahassee. Are these done on a fiscal year basis, Mr. Manager? OK, the existing contract expires at the end of the month. We must decide, obviously, and today is... so it's not just really for discussion, it's probably for actual action, I would think. Mr. Plummer: I would assume it is. Mr. Manager, that's $150,000 a year plus expenses, is that correct? Mr. Odio: Yes, sir. Mr. Plummer: I'll move it. Mr. Dawkins: I second and under discussion... Mr. Plummer: Excuse me, let... Mayor Suarez: Moved and second. I presume the motion means as to the existing group of lobbyists. Mr. be Turret Up to, up to fifty thousand. Mr. Odlot tip to an *mount. Mr. be Turret Up to fifty thousand. Mr. Odiot tip to fifty thousand. Mr. Plummer: That's fine, if that's reasonable. Mr. Dawkins: OK, OK, well now see that's where I have... Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: ...under discussion, that's where I have a problem. When we get to the up to fifteen thousand, that does not include my Governor calling sixteen special sessions. So now, we have, you know, fifteen thousand dollars for regular sessions seems reasonable but if they've got to turn around and go back for a special session... Mr. Plummer: How much, Miller? Mr. Dawkins: I don't know... Mr. De Yurre: This is... Mr. Dawkins: Another fifty - another... Mr. Plummer: They got to be approved by the Manager. Mr. Dawkins: Yes, approved by the Manager. Mr. Plummer: Why don't we make it twenty-five? Mr. Dawkins: OK, great, OK. Mr. Plummer: Make it twenty-five but the Manager holds the right of approval or disapproval. Mr. Dawkins: And, OK - disapproval, I agree. Mr. De Yurre: Hold it, twenty-five if there's a special session. If there's no special session... Mr. Dawkins: Then there's no charge. Mr. Plummer: Then the Manager doesn't approve. Mr. Dawkins: That's all. Right, OK, fine. Mr. Plummer: All right, but now is this a one year or a two year? Mr. Dawkins: One. Mr. Odio: One. Mr. Plummer: I thought we were going to go to a two year. Mr. De Yurre: Move it for a two year. Mr. Plummer: It's two sessions which is basically two years. Mr. Odio: Well, OK, OK, two sea... Mr. Plummer: OK? Now, the question is, do we have the option at the end of the first year to renegotiate up or down? I think it should be. OK? And I'll tell you something, lobbyists, to me, and I'm telling the people that are sitting here, if you want an increase in the future, you'd better bring home some bacon. Hey, OK? 152 September 14, 1909 Mr. Odias ror the record, we had three the a half million dollars th grahtt this year. Mr. Plummer: That's minimal. — Mr. Odio: Well, with the government lobbying... Mr. Plummer: This year they can do better. Mr. De Yurre: How much did we have the year before when they 7 Mr. Plummer: I remember one year that our lobbyist brought home 8 million in a penny gas tax. Do you remember? Mr. Dawkins: Watch this. And... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Please, please, if we need anything, we need it on the record Mr. Dawkins: And that right to extend also has the right to terminate. Mr. Plummer: Of course, anything does. I move it. Mr. Dawkins: I second it. Mayor Suarez: Moved and seconded. Any discussion? Let me have my say for the record. I guess if it's two years, I vote... Mr. Odio: You're telling me just to... Mayor Suarez: ...twice... Mr. Odio: To negotiate or just go ahead and sign the agreement with them based on what you have said? Mr. Plummer: No, that's it, sign it. Mr. Dawkins: No. That's it. Mayor Suarez: I guess if it's the same as last year, I don't know that there's too much negotiating to do. Mr. Odio: Yes. There won't be that many changes. Mayor Suarez: I guess if its two years, then my vote has to be no twice because it would be no as to one year. I would, for the first time ever, I think, go to the figure of, maybe, 75 thousand dollars for either Holland and Knight or a group which includes the other subcontractors or joint ventures or whatever the term is, because I think that in last year's lobbying effort, we got a lot more work out of all of you and incredible results. However, I have to again vote no and emphatically particularly as to the expenditures. Let me just give you one example why I would have to vote no. Our entire budget, my own office's budget for travel, is a lot less than $25,000 and we have to go to Tallahassee, we have to make the phone calls, we have to go to Washington, D.C. We have to do a lot of things, a lot of times I figure out a way to get the agency that needs us to go to pay for the expenses and I think that's.the way it should be because the City is, as always, strapped for funds and needs them for many, many other purposes. Mr. Plummer: Well, may I... Mayor Suarez: So - wait, let me just finish. Mr. Plummer: Offer you a suggestion. Mayor Suarez: As a law firm and other individuals facilitating our work of lobbying in Tallahassee, maybe $75,000 including expenses, not in addition to expenses, would be acceptable. But never $175,000 which is the potential of this contract. I found that to be a totally unacceptable figure and I have to say that for the record. I think the people in question are eminently good 153 September 14, 19$9 besides which they're friends of mine and I think that they've done a good job. Mr. Plummer: They were. Mayor Suarez: Some of them maybe were friends of mine. But, most of the lobbying, most of the what you call influencing of legislation has got to be done by the elected officials. That's what we find, a lot of it can be done by phone, by the way, from Miami. It doesn't require constant travel as some other people do in other jurisdictions in this area and I'm not criticizing that either and, therefore, I have to vote against this. No reflection on Holland and Knight or any of the other individuals who I think work hard and I think it brought good results to our City, but most of it really has to be done by ourselves and I think we kid ourselves if we spend this kind of money on lobbying. OK. Mr. Dawkins: OK, I would have to... hold itl Mr. Plummer: Mr. Mayor, maybe one of the suggestions that I might make to you and you make a very good point, is to make it $150,000 for the lobbyist, $25,000 for expenses approved by the Manager and $25,000 for Commission's expenses to go up and back and it doesn't have to come from your individual budgets. Mr. Dawkins: OK, let me say my piece. Mayor Suarez: So we're up to $200,000 then? Mr. Dawkins: Let me have my say. Mr. Plummer: Well, you felt that it was important that the Commission has to do a lot of that. Mayor Suarez: But not to the extent of adding money to it, I would take from the other twenty-five. I'm going to vote against it any how, I think it's an excessive amount, so... Mr. Dawkins: OK, now, I have to stand here and say that in politics in Washington, Tallahassee, it's the lobbyists who do the leg work to make you able to go up there and walk in and ride up there and do what you do. Now, if it were not for the lobbyist, we would have had, in my opinion that is, we would have had more items vetoed by my Governor than we did. I was called, we went up there and we went in to Jack Gordon, we went in to - what's the guy's name from?-Cockus, uh huh. We went - yes - we went into these and they set down and then all of us walked in to Jack Gordon and told him, "Hey, look, you just can't let the Governor veto certain bills," and we were able to get three bills off of the Governor's veto list with the aid of the lobbyist. Now, to the Mayor that's not important, to me that's very important. So now, I feel, personally, that the name of the game is who's up there when the legislature starts, who knows where to apply the pressure to get your stuff out of committee. We, as Commissioners, could not walk into any committee and say we want our stuff out of there as the lobbyist do. So, it's a necessary evil but I think we can't live without it. Mayor Suarez: OK, anything further? Ms. Range: I'd only have to agree with Commissioner Miller. I served as lobbyist for some two years and I find everything he said is true. Lobbyists are very necessary. Mr. Plummer: Let me amend my motion since it seems to be the consensus of the Commission, that it will be $150,000 for the lobbyist, $25,000 expenses to be approved by the Manager, and an additional $25,000 for Commission or administrative staff to go up during the session addressing the problems that are necessary. So, it comes to a total of $200,000, I so move. Mayor Suarez: I think that modification is unnecessary because if we had expenditures for necessary expenditures for lobbying, I can't imagine the Manager would ever veto them, but if you want to formalize it by saying there's... 154 September 14, 1989 Mr, Plummer: Well, I think that, you know, then it doesn't have to be iti our Individual budgets. It should be where it belongs and that is... Mayor Suarez: If you want to make it by separate motion, I could vote for it, otherwise, since it's part of the general one... Mr. Plummer: Then I'll do it as a separate motion. A hundred and fifty for the lobbyist, twenty-five expenses approved by the Manager. I so move. Mayor Suarez: OK. On that motion, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-823 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE LAW FIRM OF HOLLAND AND KNIGHT, P.A., FOR A ONE YEAR TERM, FROM OCTOBER 1, 1989 TO SEPTEMBER 30, 1990, FOR PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES ON BEHALF OF THE CITY; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $150,000 FOR SUCH SERVICES, TOGETHER WITH AN AMOUNT NOT TO EXCEED $25,000 FOR REIMBURSABLE EXPENSES, APPROVED BY THE CITY MANAGER, FROM THE LEGISLATIVE LIAISON GENERAL FUND. (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 Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. De Yurre: Is it fifteen for the regular session and (Tape 11) ten... Mayor Suarez: It's up to twenty-five if there are special sessions at the discretion of the Manager. Mr. Plummer: Don't do that. Make it twenty-five because if there's no session, then it's he's not going to approve them. Mayor Suarez: It's up to twenty-five if there's special sessions at the discretion of the Manager, is the best way we can phrase it. Mr. Plummer: Fine. COMMENTS MADE FOLLOWING ROLL CALL: Mr. Plummer: I'll make a motion at this time a special fund be established of $25,000 for elected officials and administrative officials that need to go during the session for lobbying efforts that that's a special fund be so established. Just for the record, I want everybody to know, it doesn't benefit me, I've been there at most once per session because my brother is there and I can't travel. Mayor Suarez: And he typically does what you want him to do. Mr. Plummer: I wish. 155 Septomber 14, 1989 40 W Mayor Suarez: OK, we have a motion. Do we have a second, Madam City Clerk's Mr. Dawkins: Commissioner De Yurre seconded it. Mayor Suarez: Call the roil. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-824 A RESOLUTION ALLOCATING $25,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO AN ACCOUNT ENTITLED "OFFICIAL LEGISLATIVE AGENDA" IN CONNECTION WITH EXPENSES INVOLVED ON THE PART OF THE CITY COMMISSION WHERE THE PRESENCE OF CITY COMMISSIONERS IS NEEDED IN THE STATE CAPITOL IN CONNECTION WITH EFFORTS TO SECURE _ FAVORABLE LEGISLATIVE ACTION ON ISSUES CONCERNING THE INTERESTS OF THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 61. BRIEF REPORT BY DIRECTOR OF PUBLIC WORKS DEPARTMENT - concerning Fairlawn North Sanitary Sewer Improvement District. Mr. Plummer: Your item is next. Mayor Suarez: Item 42, Fairlawn North sanitary sewer, Mr. Vice Mayor. Mr. Plummer: It's yours. Mr. De Yurre: Yes, I've had - in fact, we spoke about it the other day, about the complaints from the neighbors in the Flagami area and that 59th Avenue and 4th Street section, northwest, and I wanted to get some input as to the problems and how soon they're going to be remedied. Mr. Luis Prieto: Mr. Commissioner, I went to see the area myself. There is a problem in the area. It appears to be related to the construction of the sanitary sewer. Apparently, the contractor did not level the area out properly and in addition, we are suspecting some damage to the existing sanitary sewer so we're planning to do two things. One, is immediately do an inspection, underground inspection, using a TV camera of our existing storm sewer to see if it's been ruptured somewhere, and, in fact, is not draining properly. And, second, we're accelerating the process of the new storm sewer originally slated for October 1990. We'd like to bring it in to this fiscal year and get it designed and constructed. I believe these two actions will resolve these problems. Mr. De Yurre: OK, when you come back - how soon are you going to find out if there's damage? Mr. Prieto: We're proceeding immediately to put the TV cameras in. As soon as I have a result, I'll inform you. 156 September 14, 1909 Mr. De Yurre: When do you think that will be? -30 days, 60 days? Mr. Prieto: Yes, within the next 30 days, sir. Mr. De Yurre: OK. Then you can come at the next - if you don't see me before -then you report at the next general meeting in October. Mr. Prieto: Yes, sir. Mr. De Yurres Thank you. 62. REFER TO MANAGER REQUEST RECEIVED FROM REV. ISAAC MICKINS TO RENT SPACE IN OVERTOWN SHOPPING CENTER - to house program targeting young adult black males. Mayor Suarez: OK, item 43. Mr. Odio: It's Commissioner Range. Mr. Dawkins: Reverend Mickins here7 Mayor Suarez: Is the Reverend here? You want to table it in hopes that he'll...? Mr. Odio: I want to ask a question. Maybe we - we are trying to rent space at that shopping center for commercial enterprise so that it would bring more people into that shopping center if we... and it's the request of the Overtown Task Force that we keep any social agencies, more programs, out of there. That's why we have not been willing to negotiate with Reverend Mickins. Mr. Dawkins: Here he is. Reverend Mickins, you're on. Mayor Suarez: Go ahead, Reverend. Reverend I. C. Mickins: Mr. Mayor and gentlemen, lady of the Commission, I have been before... Mr. Dawkins: State your name and address, Reverend Mickins, please. Reverend Mickins: My name, Reverend I. C. Mickins. I live at 16300 N.W. 44th Court and I'm here because of my concern of a situation in our community. There's a character crisis developed over the years and it manifest itself very much so during the recent civil disturbance and today, as we search the record, they reflect that of the black males in America, we have more incarcerated between the ages of 18 and 24 than we have in college. And yet, all of us are mindful of the fact that you get ahead by going to college and not by incarceration. Yet, it costs more to incarcerate a man one year than it does to send him to college for four years. So I have fitted together the best minds in the community, the best of religion, the best of education, the best of sports and I have organized a character molding institute and I'm focusing in on trying to elevate the said men between 18 and 24 and cut down on the amount that's in prison and try to get more in gainful pursuits. I propose to train them and place as many as possible on job, gainful employment. And today I'm before you, Mr. Mayor and gentlemen and lady of the Commission, seeking your help. I have been successful in surrounding myself with such people. First of all, I might say my wife, who is a retired educator in Dade County for some 30 odd years and Mr. Dwight Stevens, son of the Miami Dolphins NFL, is a member of - chairman of our board - and we have surrounded ourselves with the best minds that we could find, Reverend Jackson of the Shiloh Baptist Church, Dr. Lester Brown of the Junior College, Dr. Gilbert Porter, Sister Carolyn Surrency and I can go on to name the people and I've applied for a number of grants of which Miss Lopez of the Commission have been very helpful in getting these grants, these applications in hand. And today I've come to you and I'm seeking space that I might get this program started. Thank you. 157 September 14, 1989 Mayor Suarez: Mr. Manager, a large percentage of that shopping center has been unused now for how long? -since...? Mr. Odio: It's been a long time. Mayor Suarez: One interesting possibility, although I think Commissioner Plummer was getting ready to say it, and I agree, that we're trying to foster not this kind of program there, particularly, although it sounds like a good program, we're trying to foster profit making and commercial enterprises there. I don't know how much space they're asking for but one possibility would be for a limited period of time where we have a lot of that shopping vacant unless this particular use is contrary and would discourage, you know, the food store from operating and some of the other things that we definitely need in there, is to give it to them for a period of time and see how successful the program is. If it's a successful program that attracts a lot of people, it might actually help to make the shopping center that much more viable. Mr. Plummer: Is this a nonprofit corporation? Reverend Mickins: Yes, it is. Mr. Plummer: Under the State of Florida? Reverend Mickins: Yes, if we have a charter. South Florida Character Molding Institute, Inc. Mr. Plummer: And how long has that been in existence? Reverend Mickins: The charter was issued in January - in February... Mr. Plummer: This year? Reverend Mickins: ...the charter was issued in February of this year. Mr. Plummer: What are your assets of that corporation presently? Reverend Mickins: I regret to say but not much. We don't have any money. Mr. Plummer: You have no assets at all? Reverend Mickins: No, because I financed this far myself. Mr. Ron Williams: Mr. Mayor, as a point of clarification., we did meet with Reverend Mickins and I was under the impression that he had interest in a facility located on N.W. 7th Avenue. Is that still the case, Reverend? Reverend Mickins: Yes. Mayor Suarez: Not in the Overtown Shopping Center? Mr. Williams: Right. Reverend Mickins: And the building referred to, with all seriousness, while I was concerned about space Overtown, that particular building is better suited for what we want. First of all, it has 10,200 square foot of space in it and this building I found just two weeks ago since I asked for the space in the shopping center. And it's ideally located between Liberty City and Overtown. It's owned by Miami Boys Foundation or a similar - a real estate firm is handling it, Mr. Veeney, and it was the old Miami Boys Club and its adapted for what we want it for and it would lend itself to the cause. It was built for this purpose and I'm sorry I didn't find it before but it has come to my attention. It's for sale for $175,000 or any offer, they'll consider any offer that we will make. Mayor Suarez: Reverend, let me just ask the administration. The administration's recommendation at this point is, I gather or is it, that we look for another site that may be preferable to the shopping center? What is the....? Mr. Odio: I didn't know about this building until now... 158 September 14, 1909 7 Mayor Suares: oil. i Mr. Odio: ...my recommendation was that we do not place any social agencies into the Overtown Shopping Center. Mayor Suarez: See, for example, Reverend, one of the things that we try to do by moving the mini station from the community center into the shopping center, was precisely to get, for example, a mini station in a commercial district where people are presumably going for commercial activities and not in a neighborhood or community center. Your activity really fits better in a community center and not necessarily in a shopping center and that... I guess we're not shopping center experts but we do know that certain uses pertain better to it and we maybe could have a recommendation and have the administration study the other sites or there's one, I'm told, at 7th Avenue and N.W. 33rd Street? Mr. De Yurre: Thirty-third. Rev. Mickins: The exact address is 3350 N.W. 7th Avenue. That's at the second location of which you referred to. Mayor Suarez: And is that abandoned or is that not being used right now? It's a former Boys Club? Mr. Odio: I think that's the building next to the Corpus Christi Church. Ms. Range: It's right next to the Corpus Christi Catholic Church. Mr. Odio: Yes. Mayor Suarez: Oh, right next to the Corpus Christi Church. Mr. Odio: To the church. Mr. De Yurre: Is that your motion? Ms. Range: Reverend Mickins. Reverend. Rev. Mickins: Yes, ma'am. Ms. Range: Precisely how much space do you actually need? Rev. Mickins: I would say several thousand foot, Mrs. Range, to do what has to be done. We need four or five thousand foot and this has ten thousand foot in it. And the conference room has been petitioned off and it was used for this purpose. It was built for this purpose and while I was late discovering about this particular place, it lends itself much better to what we want to do for training, counseling, and our organization is a character molding program, has a character molding program and some representative from the City of Miami was out and visited the new site. Ms. Range: This is privately owned and is presently up for sale, is that right? Rev. Mickins: Beg pardon? Ms. Range: This is privately owned and presently up for sale, is that correct? Rev. Mickins: It's owned by a foundation... Ms. Range: Uh huh. Rev. Mickins: ...so in that sense of the word, it's privately owned. It was previously used for a Boys Club. Mayor Suarez: You want to... Mr. De Yurre: Are we directing the administration to look into it then? Mr.' Mayor? Mayor Suarez: What? Refer it to the Manager for... 159 -3. Plr, De Yurre: The adrniniatration to look into it? Mayor Suareet Yee. To bee What's the ideal location for this program. It may be that we have some existing buildings. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD, Mayor Suarez: You're out of order, Mariano, but we are aware that certain areas of the City have sort of an excess of social programs, but theme are not to treat people with addictions or anything. These are to treat, presumably, I mean to work, presumably, with youngsters who may be precisely from the neighborhood and who we ought to try to help out. In any event, I'll entertain a motion to refer it to the administration for the... Mr. De Yurre: Move. Mr. Plummer: So move. Second. Mayor Suarez: Any further discussion? If not, please call the roil. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 89-825 A MOTION REFERRING TO THE ADMINISTRATION REQUEST RECEIVED FROM REVEREND ISAAC MICKINS TO RENT SPACE AT A NOMINAL RATE OF $1.00 PER YEAR IN THE OVERTOWN SHOPPING CENTER TO HOUSE A PROGRAM WHICH WILL TARGET YOUNG BLACK ADULT MALES AND EMPHASIZE CHARACTER BUILDING. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Williams: Mr. Mayor... Mayor Suarez: Work with the administration, Reverend, and see what's the ideal site. Mr. Williams: Mr. Mayor, if I may, just brief... Mayor Suarez: If we have one that we can make available. Rev. Mickins: Beg your pardon? Mayor Suarez: Meet with the administration, with Mr. Williams, Mr. Odio, whoever they designate, to see what would be an ideal site and then we'll take the matter back up to the Commission if need be. There may be other sites' that can be made available. Rev. Mickins: All right. Thank you. 0, Mayor Suarez: They're going to, obviously, check to see how viable the program is and, you know, report back to us on all the aspects of the program. It sounds like it's an interesting idea, certainly. Yes, Ron. • • 63. AUTHORIZE LEASE AMENDMENT WITH HOWARD GARY - for grocery store at OvertoMn Shopping Center. ----------------------- ----------------------------------------------------- Mr. Williams: Mr. Mayor, if I may, just quickly, ask the Commission to express by motion support of the Manager expediting an amendment to the City's lease agreement regarding the grocery store. We consider it to be a minor amendment, the City Attorney's office has reviewed it. Mayor Suarez: You need our motion to expedite... Mr. Williams: We need your motion, Mr. Mayor, because this is an item... Mr. Plummer: Whatever it is, I move it, if it's to expedite. Mayor Suarez: Moved. Mr. Dawkins: Second•. Mayor Suarez: Seconded. Any discussion? We've got an expediting motion here. Mr. Plummer: I didn't even think that that was in the vocabulary of the administration that word. Ms. Range: I'm going to have to ask you what are we expediting? Mayor Suarez: The food store that's supposed to... grocery that's supposed to go into the Overtown Shopping Center. I think it's another way of saying that we either reach an agreement very quickly with the... Mr. Williams: OK, all right... Mayor Suarez: ...person who got the award or we're going to have to turn around to somebody else. Isn't that... Mr. Williams: Sure, let... Mayor Suarez: Is that what we're saying, Commissioners? Mr. Williams: Exactly what I'm asking, Mr. Mayor, that you support is Mr. Gary's asked us for a minor amendment in terms of... Mayor Suarez: Which is the amendment before we... Mr. Williams: ...the term... Mayor Suarez: ...call it expediting and it's really an amendment. Mr. Williams: Yes, the term of the agreement going for a straight seventeen years as compared to five years initially with five year options, the second piece is the amendment establishes a firm rent commencement date which basically kicks off the process by which Mr. Gary has to proceed with the opening. And this is an amendment that we need your authorization on and the Manager can approve it with your expression of intent. Mayor Suarez: Under what circumstances, if we go to a 17 year instead of five year renewables, would we be able to take the property back? Mr. Williams: Well, we would not be able to take it back unless there were other defaults within the lease agreement, non performance, etcetera. Mayor Suarez: And there's no rent escalation at all in that 17 years? Mr. Williams: Not at this point. Basically we're not going back into the rent period, we're essentially levelling out the rent term - I mean the term of the agreement such that the lending institutions will have confidence in City Commission on a long term basis is in support of this project. 161 September 14, 1989 >s Mayor Suarez: 'What's fine as to renewals, you know, so that they're not totally at our discretion, but I would think that we'd want to take into account the possibility that the rent may simply just not be in the market at all. It's already low to begin with presumably to try to get them in there. But for 17 years, I mean, what if inflation sky rockets, we'll be getting for something that... yes, then we'll really be subsidizing. Mr. Williams: Sure, sure. Mayor Suarez: I would have no problem with the renewals as long as we have an escalation clause to adjust to CPI, to the cost of living index. Mr. Williams: OK. Could we then proceed with this one and negotiate that amendment, Mr. Mayor, because we have not done so. Mr. Dawkins: No, no, no. You negotiate that. Don't proceed with nothing, negotiate that as you proceed. I mean, hold it, hold it, I'm speaking for Miller Dawkins, I'm sorry. Mayor Suarez: In the old deal, the first five years were fixed rate? Mr. Williams: Yes. Mayor Suarez: Yes, beginning in the fifth year, the sixth year, I think, is the sense of the motion, then we would have a right to escalate according to CPI calculated from the first year or from the fifth year? Anyhow, as long as we have some kind of an escalator, it's up to the administration. Mr. Williams: There are escalations in there, Mr. Mayor. I'm looking at it, I stand corrected. Mayor Suarez: There are? I thought there would be. OK. Mr. Williams: Yes, I stand corrected. Mayor Suarez: OK, so then the renewal options are eliminated meaning that we can only just charge according to the CPI escalators. Mr. Williams: The new escalated base rates. Mayor Suarez: All right, I'll entertain in the form of a motion. I think we'd better move that. It sounds like a pretty substantial modification. Mr. Fernandez: Yes, that sounds like a resolution to an existing agreement. Is that correct? Mayor Suarez: Yes. A resolution amending an existing agreement. Mr. Fernandez: Amending an existing agreement. Mr. Williams: Yes. Mayor Suarez: OK, I'll entertain it in the form of a motion. Mr. Fernandez: No, it's a resolution that you're passing. Mayor Suarez: Right. Moved and seconded. "Cuando" are we going to have then, as part of this, the operator in there? Mr. Williams: I have been advised that the operator is committing that he can be ready to go 30 days after the execution of this amendment. Mayor Suarez: Yes, I would make that a requirement waivable only by the Manager. Mr. Manager, if we're going to give these more favorable terms, after we went through some kind of competitive bidding and recognizing the difficulty in getting the grocery store and all of that, that they have to be in there and operating within 30 days, only waivable at your discretion if you have good reason to. Mr. Odio: Yes, OK. Mayor Suarez: OK. Do you accept that? Call the roll on the motion. 162 September 14, 1909 Ll the tolloving raeolutioo was introduced by CoMiAhiot:et plus Sts Vh6 fbbv6d it* tdoPt iOft t RESOLUTION NO. 89-826 A RESOLUTION, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THAT LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND OVERTOWN VENTURES, INC., A FLORIDA CORPORATION, AMENDING SECTIONS II, TERM OF LEASE AGREEMENT, VII, CONSIDERATION, VIII, RENT COMMENCEMENT AND ADD SECTION XXXVI, GROSS RECEIPTS AND XXXVII, OPENING DATE. (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. ------ ------------ --------------------- ------------- ---- ------- -------------- 64. (A) EMERGENCY ORDINANCE: Amend Code Section 54-100 - Substitute "Irrevocable" Permit for "Revocable" Permit - Provide that a guard gate which does not hinder public access along right-of-way be authorized as part of governmentally operated project, or as element of special taxing district. (B) Discussion concerning speed strips within the City. (C) AMEND RESOLUTION 89-288 - Include authorization for guard gate in Commission's approval of special taxing district for Belle Meade Island. ------------------------------------------------------------------------------ Mayor Suarez: Item forty-four. Belle Meade Island. Security guard special taxing district. God, is this a confusing item. We have done some things as to Belle Meade Island, some things as to Belle Meade. They may or may not go together. Ms. Judy Clark: This is only Belle Meade Island. Mayor Suarez: I'm sorry, Judy. Ms. Clark: Belle Meade Island, Belle Meade Island. Mayor Suarez: Is there any chance to get a quick update on what we've done so far so we don't contradict what we've done up to now? Mr. Luis Prieto: I can give you a brief rundown. Mayor Suarez: Guardhouses. We approved the guardhouse, did we not, for Belle Meade Island? Well, we approved an ordinance that would allow us to place a guardhouse on the public right-of-way. 163 Segtomber 14, 1909 Mr, Frietoa 'Yes. 8xactly. Unfortunately, the ordinance is written in such a way that the county has two basic objections to it. First of all, the first objection is that it's a irrevocable permit and the county says they're not Milling to establish a special district with irrevocable permit. Can we change that language? The second one... Mayor Suarers OK, is that problem? Fixed? Mr. Fernandez: To make it an irrevocable permit, no. Legally, that's not a problem. Mayor Suarez: All right. Mr, Fernandez: But then you have to amend the ordinance by way of an emergency ordinance. Mayor Suarez; I got you. You have no objection to that, obviously because that makes viable your plan. UNIDENTIFIED SPEAKER: No, no. Mayor Suarez: All right. Mr. Prieto: Second one is very simple. The guardhouses - the police want them to be manned by sworn officers. The county says, well... Mayor Suarez: The county's saying that? Mr. Prieto: Well, the county says, if we're going to stop vehicles... Mayor Suarez: Oh, our police want... no, we're not going to stop vehicles. No, no, no, no. We're not stopping vehicles. No, no, no. Mr. Prieto: Well, that, I think, is what they want. Me. Marilyn Reed: That's part of the issue. Me. Clark: Did you get your package, Mayor Suarez? Mayor Suarez: Oh, I've gotten so many things on this issue. Me. Clark: OK, this... Mayor Suarez: Do you want to change now after we had a long discussion and we got consensus on not stopping cars? Ms. Clark: It isn't us. It isn't us. Mayor Suarez: OK. Ms. Clark: This is like between a rock and a hard place. This is the county says we must put up a guard arm. The City has given us a resolution to put up a guardhouse, without an arm. Mayor Suarez: How come, if I may ask then, I've seen places, Coco Plum and some other places who have a guardhouse, they have a guard there, they don't stop anybody, they don't have an arm, they don't - they just, you know, they're there to deter and to provide some surveillance and keep them out of the sun, I mean, you have a right to put anybody you want on the street corner and watch everybody that goes into a neighborhood. So there's nothing wrong with building a little house, at your own expense, with your own taxing district and keep an eye on people who are driving through. Why would the county have a problem with that? Mr. Prieto: The county claims that if we're going to stop vehicles... Mayor Suarez: We're not going to stop vehicles. Mr. Plummer: We're not. Mr. Prieto: Well, if we're not, then there's no problem. 164 September 14, 1909 Mayor Suarez: Thank you. Mr. Prieto: Yes, sir. Me. Range: Then, just before we conclude this, I think... Mayor Suarez: I don't think we - I'm sorry, Commissioner, the worst thing we could do is stop vehicles. Me. Range: Yes, I'm sorry. Mayor Suarez: I mean, if we start doing that throughout the City, then we're really... Mr. Fernandez: Mr. Mayor, when this item came in front of you before, you passed a resolution... Mayor Suarez: I interrupted the Commissioner, I'm sorry. Was it directed at this? Me. Range: I think - yes, certainly. I think these ladies should be allowed to explain what their additional needs are. I talked with them yesterday. I went out and saw the circumstance and they are interested in having an arm. Are you not? Me. Reed: Yes. Me. Deborah Curtin: Yes, we are. Me. Range: Yes, they're interested in having an arm and I think we should hear their specific reasons for that. Mayor Suarez: Oh, OK, that change a little bit what we discussed before but... Ms. Clark: Well, there's a number of issues which I think... Mayor Suarez: Let me just have the City Attorney complete what he was saying. We interrupted him. Anything directed to that? Mr. Fernandez: Metropolitan Dade County will not establish a special taxing district unless the City Commission approves, not only the irrevocable permit, but also the guardhouse with a gate, with an arm. If we do not allow them to have an arm, Metropolitan Dade County is telling them and indirectly telling us that there will not be a special taxing district. That is the bottom line. Mayor Suarez: And why do they have that built into their county ordinance, or what? Mr. Fernandez: That's the way Metro believes - that's the way they do things. Mayor Suarez: Well, we know a lot of other things that Metro does that we don't agree with. Mr. Fernandez: Well, that's right. So we... Mayor Suarez: Have you checked the ordinance to see if it provides for that? Could you... Mr. Fernandez: Their ordinance, yes, we have a letter from them specifically saying that that's the way they've done it for everybody else. They don't intend to do it differently for anybody else. Mayor Suarez: That's not my question. My question is, have you checked your ordinance to see if they're required to do it that way? You haven't checked �1 your ordinance. Mr. Fernandez: No, I have not. I have not checked the ordinance. _ Mayor Suarez: All right, please check their ordinance to see if they're required to do it that way because if not, we can maybe call the County J Manager, the Mayor, whoever and see if we can get them to cooperate. Yes. B Ms. Reed Excused tee, Mayor Suarez, we have representative from the special taxing district with us and perhaps she could answer that question for you right now. Mayor Suarez: A representative from... Ms. Reed: Deborah Curtin. Mayor Suarez: From the special taxing district? Ms. Reed: She's - Dade County special taxing district. Mayor Suarez: You have a division of special taxing districts in the county? Ms. Reedt She's very lovely. UNIDENTIFIED SPEAKER: Say who you are. Mayor Suarez: Very good. And we're not going to make any comments on that at this point, but... Ms. Reed: I'm Marilyn Reed, 1100 Belle Meade Island. Mayor Suarez: Yes, ma'am, what do you have to tell us about special taxing districts? Ms. Curtin: OK, I'm Deborah Curtin, for the record, I'm division chief for special taxing districts, Public Works Department, Dade County. The business address is 111 N.W. 1st Street. We're currently operating six security guard special taxing districts throughout the county. Three of them are in municipalities and three are not, they're in unincorporated Dade. Four of them have guardhouses and our policy has been to always install a gate arm and it's a breakaway wooden gate arm in order to give the security guard the opportunity to detain a car just long enough to write down a vehicle tag number. That is his or her function at that gate, to observe and to report vehicles coming in and to have the time... Mayor Suarez: What would be your objection to not, if I may interrupt you, to not having the arm and just allowing them to - as they're able to or not able to - get the license plate from the car as it goes by? Ms. Curtin: OK, our fist objection is that they won't be able to perform their function effectively. Mayor Suarez: Well, I mean, if a car goes by so fast that you can't get the license plate, maybe it's time to call the police anyhow and say somebody's speeding through the neighborhood. Ms. Curtin: Well, the second objection is the safety issue. We have cases where the gate arms are broken or a car does go through one and break it away and the telephone starts ringing immediately in our office, get the gate arm back, because the security officer is really in danger trying to jump out of the way of vehicles as they speed through and it's a problem from our experience. Mayor Suarez: Well, we don't anticipate a security guard being anywhere except outside of the streets so that shouldn't be an issue. Ms. Curtin: Well, he's going to be - the way that all of our post orders read and we would hope to do it the same way, is that he is actually out of guardhouse, visible, standing with a clipboard in hand to greet the car... Mayor Suarez: In the sun? Ms. Curtin: ...in the sun, to greet the car and record the tag number. He wears a hat or she wears a hat. Mayor Suarez: Well, the problem is that this Commission so far is on record as wanting not to stop the flow of traffic and if we changed our policy then we would be in line with yours, but we also wanted to know if your's was required by ordinance. Apparently it isn't. L66 Septemaer,14,<1989 Me. Curtint OK, it is not required by ordinance. it is a matter of policy. Mr. frarnandez: There's your answer. Me. Curtin: However, I do want to make a statement also that we strictly enforce the law in that no security officer has the authorization to deny access to anyone entering since these are public roads, that's strictly enforced. Mayor Suarez: Which seems like almost goes contradictory to the fact that he has an arm which he seems to have some discretion to raise or not. Ms. Curtin: Well, he must raise the arm. Mayor Suarez: Your policy may be a little... Me. Curtin: He must raise the arm. Mayor Suarez: He must raise the arm. Ms. Curtin: Yes and it's in the stated post orders which are part of the contract. Mr. Plummer: Yes, but in one minute or thirty? Mayor Suarez: But he can take 30 minutes to raise it, OK, as the Commissioner Plummer's implying. Me. Curtin: No, well, that's not our experience. Mayor Suarez: I don't think your policy is the best in the world but anyhow, it's your policy. Commissioners, what do you want to do with this? We're going to enforce the issue through the county or reconsider whether we allow cars to be stopped or what do you want to do? I have an idea what you want in Belle Meade. You want the matter to be done. I don't know that you really care too much at this point. Ms. Clark: We're in the middle of it. Mayor Suarez: Yes. Mr. De Yurre: Can't we put a speed bump right there and that would slow down traffic if there's any problem with that? Mr. Plummer: It's liability. It's liability. Mayor Suarez: We have the idea of the little speed - what do you them? -not the bumps, the other things? Mr. Plummer: Whatever happened to the speed strips? Mayor Suarez: The speed strips. Commissioner Plummer's favorite little... Mr. Plummer: No, we were supposed to have them in six locations within 90 days. Where are they? I haven't seen any of them. Would you tell me... Mayor Suarez: That's why they changed Public Works Directors so the new one would have to... Mr. Prieto: Yes, we went to every one of the neighbors ready to put them in and we were chased out - every location. Mr. Plummer: You know, that's not what we told you to do! We told you to choose six locations and put them in! That's what we told you to do. Mr. Prieto: Well, I... Mr. Plummer: Why - Mr. Manager, why in the hell do we set policy around here? Mr. Odios We'll put one in Hallisse and... 8 167 September 14, 1989 k t�st'� 1 ateert I don't give a dam no, you know, I would love one on Gash one of say streete, OKt but don't. Mr. Odiot I tell you... Mr. Plummert Because somebody's going to gay I'M getting a special privilege. Mr. Odios I tell you why. The day... Mr. Plummer: Choose six location* as a demonstration project and put them in. Mr. Prietot Mr. Commissioner—, Mr. Odio: Nobody wants them in. Mr. Prietos Can I... Mayor Suarez: And choose this one for one of the six, if you would. Mr. Plummer: Fine i Mr. Odios No, they're complaining about possible noise... Ms. Range: But, Mr. Mayor... Mayor Suarez: Yes, Commissioner Range, we've interrupted you three or four times. Mr. Prieto: Can I... Mr. Odio: Correct me if I'm wrong. Ms. Range: I think it is... Mayor Suarez: No, no, wait, wait, wait. We instruct you to do that so do that. Now, we've got Commissioner Range, go ahead. Ms. Range: I think it's not the question of speed, I especially asked that question of these ladies yesterday. It's not the question of speed, it's just the question of surveying or seeing who's coming into the area. This is their objective. They have not complained about speeding area and it's really a street where one would not consider speeding down because I went over there yesterday. Mr. Plummer: They somewhere for 60 days, 90 days. Mayor Suarez: Well, if you had a... Ms. Range: So that's not the issue. Mayor Suarez: ...if you had a speed strip and a guard there, presumably the person would have to slow down, otherwise the car would really jump off the tracks there and you'd be able to get the license plate. That's the idea that we have now. The problem is that it seems to contradict county policy and we don't know to what extent we can change county policy. Where did she go? UNIDENTIFIED SPEAKER: We'd have neighbors with sports cars that are going to object to a speed bump. Mr. Prieto: Mr. Mayor, I think I should interject here. Mayor Suarez: What could Public Works possibly add at this point? Mr. Prieto: Well, sir, we checked on the speed reduction at the strips that were in. There was no speed reduction, sir. Mayor Suarez: OK, you want to tell the Commissioner and the rest of this Commission that you're not going to try it or you did try it and it didn't work? Mr. Prieto: We will try it, sir. We will try it. 168 Saptesabar .14, 1909 Mr. Odio: We'll put them in, but the... Mayor Suarez: OK. Commissioners, what do you want to do? There she is. Commissioners, what do you want to do? Mr. Plummer: What can we do? We've set our policy. Ms. Clark: Mayor Suarez, the whole object here is a crime deterrent for us, all right. We've been working on it for seven years. At this point the only problem apparently is whether or not to put a guard arm up. Mayor Suarez: I will say this, yes, the problem is none of us like the idea of... I don't know if Commissioner Range was present during that discussion, the idea of having barricades, or arms, or whatever you called these things, means that we are sort of walling off the City neighborhood by neighborhood and we all seem to have objections to that at the time. I will say this... Ms. Clark: This is just an island. This is a small island. Mayor Suarez: Belle Meade Island is, excuse my grammar, as unique as you can get in a City. I mean, I mean, it really is the only island that I can think of that doesn't have some kind of a... I don't know if we are setting much of a precedent, if that's what anybody would be worried about. Ms. Clark: I don't think you are at all. Geographically, this is probably a perfect location for such an entity. Mr. Plummer: Well, let me tell you how I think we can get around it, OK? Mr. De Yurre: But if you have an arm, what do you need a guard for? Look at the Moorings, all they have is the arms. Mr. Plummer: Yes, but... Ms. Clark: At night is the problem we're having, late at night we're having problems. This will be a 24-hour manned guard gate, sir. Mayor Suarez: What do you want to do? Anybody have any solution here so we don't have to argue about this forever? Mrs. Range: I'd just like to have a little more clarification... Mayor Suarez: Commissioner Range. Mrs. Range: ... on it. It seems that in reading the restrictions here, it seems that even if we give the permission for the arm, is it true that the County can come along and override us on that arm? Mayor Suarez: I have a feeling, yes. Mrs. Range: Then what would happen? - that's what bothers me. I've read this over several times and can't quite get the sense of it. Ms. Clark: I'm not sure what you mean, Commissioner Range. Perhaps Debora can address if you have any specific question. Mrs. Range: All right, very good. Mayor Suarez: Well, let's say that we wanted to approve the special taxing district without the arm... Mrs. Range: No, with the arm. Mayor Suarez: Oh, with the arm, then we have fulfilled in all respects, with the other modification we are going to make, the County policy and the County ordinance presumably there would be no reason for them to deny it. Mrs. Range: Oh, very good. Ms. Clark: Right, then we will go forward and complete our report to the County Manager and take it before the County Commission for their approval, and then that would be followed by an election of the registered voters on Belle Meade Island. 169 September 14, 1989 • • Mrs. Rangst It is a rather unique situation over there, Mayor. Mr. Plummert it sets a precedent. Mrs. Ranget Yes, well, I realize, but it is a one street circumstance. Mayor Suarez: Anyhow, Commissioners, it is a policy matter. Do you have any solutions? J.L., you were about to do one of your Solomonic... Mr. Fernandez: Mr. Mayor, point of order, there are two items that must consider first. I suggest that you consider the passage of an emergency ordinance amending the Code to provide for irrevocable permit. Mayor Suarez: I'll entertain a motion to that effect. Mr. Plummer: So moved. Mr. Fernandez: And that requires a four -fifths vote. Mayor Suarez: We've got you, it's an emergency. Mr. Plummer: So moved. Mayor Suarez: Moved and seconded, any discussion? If not, read the ordinance, which we don't written, so... Mr. Fernandez: Yes, we do. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Plummer: I don't hear anything in there that if these people... not these people, if the guard screws up, that we can take it out. What provisions... Mr. Fernandez: None. Mayor Suarez: Would that be in violation of some aspect of this that would allow us to take back our action? Mr. Fernandez: Well... Mr. Plummer: There is nothing in there that states that if he starts stopping cars that we can't remove it. Mayor Suarez: Is there anything that would allow us to do that? - a breach in one of our Codes or something? Mr. Fernandez: Once we authorize the special taxing district, and the County takes jurisdiction and the County passes it and the County builds it and the County trains the guard and the County does everything that's to be done there, that is completely outside of our control. I don't know whether they have had previous experiences in any municipality trying to revoke, or trying to undo what they did by that. Mr. Dawkins: But I think in the reading, didn't I read somewhere where it said that these same residents who requested it had the right to request that it be removed? Mr. Fernandez: Yes, the residents, but not you. Mr. Plummer: What control? - we lose all matters of control, according to what I hear. Mr. Fernandez: Correct. Mr. Plummer: No, no, if this guy starts stopping people and inquiring and checking and checking, which is in violation of what this Commission has said we would do, how do we stop that individual from doing it? Lt. Longueira: Commissioner, can I give you a recommendation? First of all, _ the Department is always opposed the arm because if there is an issue, they -w 170 September 14, 1989 � MEL • are going to call us to come to handle it, OK? If we have to have an arse, can it be controlled by a loop in the ground and the guard does not control it? Mr. Plummert A trottle, a demand trottle. Lt. Longueira: Yes, a demand loop in the ground that opens the gate automatically and the guard doesn't control it at all. Mr. Plummer: That's fine. Lt. Longueira: If we have to have it, we would rather live with it that way. This way, it is not the guard's control. Mayor Suarez: It serves as a deterrent even though if the person knows what they are doing, they would know that it comes up automatically. Mr. Plummer: What about liability? Mayor Suarez: That's interesting. Mr. Fernandez: All of that is assumed, from what I understand, by the County. Mr. Plummer: Don't assume... Ms. Clark: Yes, the County assumes it through the contract with the security company. Mr. Rodriguez: If I may help clarify this, I tried to read through all the documentation that we have received on this matter and I couldn't find anywhere that there is a request for an arm. Mayor Suarez: There isn't. Mr. Rodriguez: I don't see it. Mayor Suarez: It's just their policy, they told us. Mr. Rodriguez: But where is it? - because they sent us copies... Mayor Suarez: And we just came up with an arm that raises automatically. Mr. Rodriguez: What I am saying was by this is the only thing that is important is that they cannot impede anybody from coming in. They want to delay the people coming in just long enough only to take the numbers, so as I see it, there is no requirement for an arm, as I find over here. I've been reading this back and forth. Mayor Suarez: We've been through that, there is no requirement, they have a policy. Mr. Rodriguez: I even read the policy, that's why I am telling you. Mayor Suarez: You even read the policy, so they don't have a written policy. Anyhow, we may have a solution with the arm that lifts. Commissioners, you want to try that? Mr. Plummer: Sure. Mrs. Range: Sure. Mr. Plummer: An arm that lifts automatically? Mr. Plummer: Sure. Mayor Suarez: So that we don't have a nasty guard person that sits there and makes you wait, as Commissioner Plummer was implying. Ms. Reed: We'd like to have a manual backup through, if the loop fails, we'd like to be able to raise the gate arm. Mayor Suarez: Oh, yes, there should be one of those that if the thing fails, you should be able to go over there and... 171 September 14, 1909 • Mr: Plummert Only for the up position. Me. Reed: For the up position, exactly, to raise the arm. Lt. Longueira: They go over and kick one of these. Mayor Suarez: We're becoming technicians here on arms. Is that the sense of the Commission then on what we want to go? - automatic raising arms, so that they don't discriminate against people and... Ms. Reed: We have no intention of closing our street to anybody, and we have no intention of discriminating against anyone, and if we had a... Mayor Suarez: Just in case you do, we are going to make sure you don't have the ability to do it. Me. Reed: If we had a nasty security personnel... Mayor Suarez: That happens a lot, OK? it happens a lot. Ms. Reed: ... they would be dismissed immediately, because the residents would not take care of it. Mayor Suarez: OK, I'm glad you said that, because I was living in an apartment this summer in Miami Beach and they had one nasty security guard and they wouldn't dismiss him. Mr. De Yurre: They wouldn't even let him in. Mayor Suarez: That's right, they wouldn't even let my friends in. Ms. Reed: You know, we are a fairly vocal group and things aren't going... Mayor Suarez: You are a fairly vocal group, we do know that, that's for the record and off the record and on the record. Yes, Commissioner Range. Mrs. Range: Mr. Mayor, because of the uniqueness of this situation, the street, these ladies, as tour have heard, have been interested in having this done for a period of seven years, and I think it is only fair that we give them the opportunity, and I'd offer such a motion. Mayor Suarez: So moved. Mr. Plummer: If it doesn't work out, we'll deem it as a crack house and send Rosario. Mayor Suarez: That's right, with her bulldozer. We have a motion and a second. Any discussion? Do we need to build that into an ordinance? Mr. Fernandez: I've already taken care of putting in that there should be an automatic loop for the opposition. That's incorporated into the emergency ordinance that I have read that now you must have a four -fifths and two readings. Mayor Suarez: So call the roll and Madam, from the County, this better be approved by the County, otherwise we are going to go over and beat them up. There she is. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 54-100 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SUBSTITUTING AN "IRREVOCABLE" PERMIT FOR A "REVOCABLE" PERMIT IN SAID SECTION AND FURTHER PROVIDING THAT A GUARD GATE WHICH DOES NOT COMPLETELY HINDER PUBLIC ACCESS ALONG THE RIGHT-OF-WAY SHALL BE AUTHORIZED WHEN SAID GUARD GATE IS INSTALLED AS PART OF A GOVERNMENTALLY OPERATED PROJECT OR AS AN ELEMENT OF A SPECIAL TAXING DISTRICT; PROVIDING FOR A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 172 September 14, 1989 0 • Via introduced by Commissioner Plummer and seconded by Commissioner Eang60 for adoption as an emergency measure and dispensing with the re4uirernent of reading same on two separate days, which was agreed to 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. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Range, adopted said ordinance 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. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10639. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Suarez: I have to say the Public Works director is doing better than the other one. He could never resolve these things. Ms. Reed: Excuse me, the resolution also needs to be amended. Mayor Suarez: I think we've done every amending that we need, but if you want to... Ms. Reed: We did the ordinance and the resolution? Mayor Suarez: And the ordinance was amended by a resolution, so I mean, I don't know... Mr. Fernandez: No, no, the ordinance was amended by an ordinance, but I don't know whether we need to pass another resolution. I think the resolutions that have been passed before... Mayor Suarez: If you have any doubt, we'll take... Mr. Fernandez: ... authorizing the creation of the taxing district and all of those, they can stand as they are. Ms. Reed: Regarding the permit. Mr. Fernandez: Regarding the what? Ms. Reed: No, the resolution must include guard house with gate in the public right-of-way. Ms. Hirai: This is the emergency ordinance for Belle Meade? Mayor Suarez: We did that. Ms. Reed: Yes, and also the revocable permit which is in the ordinance, it was two separate, the way I understood it... Mayor Suarez: But we amended the ordinance for that. If you need a resolution, we'd then do a resolution... 173 September 14, 1909 Mr. rornat►datt Us steed to am6nd feee11uti6n W288 for it to reflttt *hAt the ftdinance hate just dote. Mayor Suaret: OK, 1 ettertain a motion on that. Mr, Dawkins: Move it. Mr. Plummer: Yes. Mayor Suaret: And seconded by Commissioner Plummer, call the roll. Me. Reed: Thank you very much. Mayor Suarez: I hope you win the vote. Doesn't this thing have to go to a vote? Me. Marilyn, we ought to wait for this vote. Mayor Suarez: Do you live in that neighborhood too? Do you have a conflict of interest? I have a feeling she lives in that neighborhood, or she goes there a lot. She's very enthusiastic about this. Mr. Fernandez: The vote has to be taken, Madam Hirai on the amendment to the resolution. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 89-827 A RESOLUTION AMENDING SECTIONS 2 AND 3 OF RESOLUTION NO. 89-288, ADOPTED MARCH 23, 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 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.) 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 J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 65. DETERMINE SECURITY/STREET MAINTENANCE SERVICES BE PROVIDED IN FLAGLER/CORE AREA SECURITY DISTRICT - Special Improvement District - Levy special assessments. Mayor Suarez: Item 45. What was that? Mr. Plummer: What he just passed out here. Mayor Suarez: Oh, I'm sorry, that's why Mike is here and... Mr. Plummer: The Matthew Schwartz Police Department. Mr. Matthew Schwartz: That's right. The change that was presented, the second sheet of the resolution, it's a minor change that was requested by the 174 September 14, 1989 Law Department which basically says that the interest rate prescribed by Florida Statute Section 170.09 as amended will occur on the unpaid liens. This is the public hearing for security district for downtown for the Flagler core area, entails 27 blocks in downtown Miami. It will generate $350,000 a year. $308,000 will be used for security services, $35,000 for maintenance and $6,000 to cover the cost to the City for billing from the Finance Department. We have had three public meetings at DDA, we have notified all property owners at least twice because the boundaries have changed. This has been in the works for about eight months, evolving, trying to satisfy the desires of all the property owners and to get a fair equation on how the cost would be born by the different property owners. The burden of this falls upon the buildings that are basically retail. This is strongly supported by the DNBA. We will also look at this district, if implemented to the possibly contract with the City for park rangers if the City establishes that entity. The intent is to have this in place by the Christmas season and there should be security in the evening in downtown Miami. Mr. Plummer: Who will be administrating these funds? Mr. Schwartz: The Downtown Development Authority. Mr. Plummer: No way. No wayl No sirl Mayor Suarez: Not the DNBA itself? Mr. Plummer: Why not the City? Mayor Suarez: He's saying that these funds that are derived from this will be administered by the DDA? No. Mayor Suarez: Why not the DNBA or a representative group? Mr. Schwartz: Well, we were going to establish an Advisory Board composed of two members of the DDA board, two members of the DNBA board, two members of the property owners and someone from the Police Department represented to administer. Mr. Plummer: Who... is this not basically security? Mr. Schwartz: It's a City district? OK. We are just... the day to day operation would be administered by the DDA, I stand corrected. This will be a City imposed district and the final control of the funds will be the City. Mayor Suarez: Yes, all final budgetary issues would have to be approved by US. Mr. Plummer: Well, but who is... my concern, Mr. Mayor... Mayor Suarez: Don't you want the DDA to provide manpower to help out with this? Mr. Plummer: I'm concerned in the area of security. That means some kind of law enforcement. Based on that, I want the City Manager to be in charge. Mr. Odio: Commissioner, I told Matthew yesterday that I am working with this concept of park rangers for Bayside and Bayfront Park. That... Mayor Suarez: OK, these people would not have arrest powers and these people would not be armed? Mr. Odio: They would not have a gun, but if we could extend the park rangers into this area, it could be a combined program. Mr. Plummer: That's fine, but I want you to administer it, not the DDA. Mayor Suarez: Yes, have ultimate operational responsibility invested in the Manager. Mr. Plummer: Exactly! Mayor Suarez: OK, any... 175 September 14, 1989 • r] Mr. Plummer: And is there anybody of the public who manta to speak against it? I guess there is. Mayor Suarezt It's very important that we... I'm glad you mentioned that because this has to be after public input. Mr. Plummer: Of this monies that would be derived, how many of these so called special park rangers would there be? Mr. Odio: He's having a meeting with Police Chief. Mr. Schwartz: The proposal calls for... Mr. Plummer: I don't want him to have the meeting with the Police Chief. Mr. Odio: I'm going to do it. Mr. Plummer: That's fine. Mr. Odio: But in hiring a security company, , what I don't want to do is like create another level like PSA'S, call them what you want, but that we can start replacing our police officers in Bayside and also cover the area of downtown... Mr. Plummer: How many for? - $308,000 is the figure he quoted, how many will =_ there be, what hours will they be working, will they be working at night, will they be working on weekends, what is the scope of their authority, what are _ they supposed to be doing, what are we going to get for the $308,000 dedicated to security? I don't have anything here in front of me. Mr. Schwartz: Commissioner Plummer, that was included in the last package that was presented to you. Mr. Plummer: Well tell me. Mr. Schwartz: OK, I'll tell you. The proposal for a private security firm, and it's the park rangers, and as this was presented to property owners called for 12 guards that would work from 7:00 o'clock at night to 7:00 in the morning and that was the time that was defined the greatest need Mr. Plummer: There would be 12 of them on duty seven days a week for 12 hours. Mr. Schwartz: Seven days a week for 12 hours and there would be one patrol car, and there was the commitment from the City of Police that there would be one police officer in a car that would be circling, coordinating this, but this would be unarmed, and they would be watchman, they would be radio connection, if there is any... Mr. Plummer: And so you are talking about... and what are they proposed to pay these people an hour? Mr. Schwartz: We have gotten a number of quotations from legitimate security firms and it ranged about $6.00 and hour, $6.00 to $7.00 an hour, in that range, and that's... Mr. Plummer: The City is getting them for $5.75, why would you pay more? Mr. Schwartz: We wouldn't pay more. Mr. Plummer: And tell me basically the boundaries. Mr. Schwartz: The boundaries are 2nd Street on the north, 3rd Street on the south, Biscayne Bay on the east and NW 1st Avenue on the west. It includes major retain concentration in downtown. Mr. Plummer: And that's where the taxing implement would come. Mr. Schwartz: Right. Mr. Plummer: Are you basically talking about almost one for each intersection? 176 September 14, 1989 r • Mr, Schwartst There are 28 blocks. That's about what it works out to, yeas and I believe Mr. heaves here discussed Miami Center, that we strongly reconnand that someone be housed at this Biscayne Boulevard and South lot street, right by Miami Center because that's a key intersection in downtown evening. Mr. Plummer: Miami Center is the Intercontinental Hotel? Mr. Schwartz: Yes. Mr. Plummer: Don't talk to me about those people or I'll turn it down immediate. I've got a special place in my wallet for them. Mr. Schwartz: Well, for the poor people who can't afford to park there, the people getting off the Metromover... Mr. Plummer: A rich man cannot afford to park there. I went there last night to attend, to represent this City, it cost me $5.25, OK? Me and the Intercontinental are going to go round and round because I told the Hemispheric Conference last night if they come to this City Commission next year and ask for money to hold that conference in the Intercontinental, I'm going after them. Now, I'm telling you that. People are ridiculous. Let's talk about this. Miami Center, in or out? Mr. Schwartz: It is in. Mr. Plummer: And how much... just give me an example, what are they paying? Mr. Schwartz: They'll paying about $35,000 a year to the office building and the hotel together. Mr. Plummer: OK. Mr. Schwartz: They are a major contributor to this. Mr. Plummer: OK. Mr. Schwartz: So is Southeast and so is CenTrust. Mr. Plummer: Sir, you have a problem? Mr. Mark Reeves: I don't have a problem, I have a clarification. I just want to... Mayor Suarez: Yes, let me say for the record, since you're there and it is important that we say it, that this is in fact, a public hearing, we're taking public input, and I presume that that's exactly why you are up there. And if there is anyone else that wishes to be heard, we'll do that right after he's finished. Mr. Reeves: OK, my name is Mark Reeves, I'm with Steel Hector and Davis, 4000 SE Financial Center and we represent the Miami Center Owner's Associations, not just the hotel and we are in support of the district, we feel we want to be good corporate citizens. However, we were concerned initially, with respect to the extent of the special district services that would provided to Miami Center. We have resolved this matter with Matthew Schwartz and the DDA and they have provided to us a letter dated September 14th that addresses all of our concerns, so are very pleased with the cooperation we've received from them, and we do support the district. Kathy Heise, who represents the hotel would.just like to speak briefly on that issue. Mr. Plummer, Which hotel? Mr. Reeves: I'm not sure, Commissioner. ' Mr. Plummer: Huh? Ms. Katherine Heiss: Good afternoon, Commissioners, I'm Katherine Heiss from Coll Davidson, Carter, Smith, Solter and Barkett. We're at 3200 Miami Center, _ and I am here on behalf of... 177 September 14, 1989 Mayor Suarez: Barkettl Ms. Heise: Barkett. Mayor Suarez: Who Barkett? Ms. Heise: Justice Rosemary. This is John, He's her nephew. I'm here on behalf of the Hotel Intercontinental and we have... with that introduction, I will try... Mayor Suarez: All he wants is a little space over there that's marked for use by the Commission when we go deliver proclamations and other official business. Is that so difficult? Ms. Heise: I'll definitely put word in about that. Mr. Plummer: Don't worry about it. Bercow said he was going to do the same thing and I'm still paying through the nose. Mayor Suarez: And waiting for the car, sometimes too, because that's another little problem. Mr. Plummer: Oh, yes, well they take forever. Mr. Heiss: The Hotel Intercontinental has no objection to the special taxing district, but we do... the special assessor, but we do have some comments that we wanted to clarify as well. Our assessment has been set at $15,000, and - these are our concerns. First, that the security that is provided, from our understanding, the security, there is security and maintenance. We would like to be assured that the security that's provided is purport to the Hotel Intercontinental and of course, we are on the corner there, near the bay, is proportionate our assessment, so since I was under the assumption it was a $350,000 assessment, we just wanted it to be proportionate security. Also, the letter that we received from the DDA indicated that this whole program would be reevaluated next year. Our lack of objection therefore would be - would not be renewed next year without the reevaluation of the program to be sure that it was working effectively. _ Mayor Suarez: You got that. Ms. Heiss: OK. Mr. Plummer: It's a pilot program for one year. Ms. Heiss: The final concern that we had that we just wanted to bring to the Commission's attention was the fact that while the Hotel Intercontinental would be paying for the security in the area, the other hotels that are right in that area as well, the Dupont Plaza, the Hyatt and the Riverparc are not part of this special district and would not be paying for the security that would be provided to many of their guests while they are shopping in that same area. Perhaps this is something that can considered next year when determining where the lines are, that all of the hotels in the area pay for all of their guests to be ensured safety. Mr. Plummer: Do I not assume that every merchant in this blocked off area is assessed on a formula? Mr. Schwartz: Yes, every property owner is assessed. There is one assessment for retail and one for office, predominantly office. Mr. Plummer: And that all of the people, by virtue of only two people speaking here today were either in accord or acquiesce to it? Mr. Schwartz: Or out of town conveniently. Mr. Plummer: Excuse me? Mr. Schwartz: Or out of town. Commissioner, because this is a special assessment and added on, we were very careful to have, you know, continual meetings with the property owners to devise a formula that would be ®' acceptable, I believe that there is, based on this and the last meeting and e the meetings that were held at DDA, there is concurrence with this. 178 September 14, 1989 i s �zr Me, Pluftert As lotng ail the program is administered by the City Manager, I hate no problee►: Me. Heiset Thank you, Mr. Plummer: Now, I'm assuming that any liability will be coming, the ironies for liability insurance will be coming from the special assessments or from the security company, and that the Manager will make sure that those liability limitations are adequate. Anybody else? I move it, Mr. Mayor. Mayor Suarez: Moved. Seconded, somebody? Mr. Plummer: Anybody else home? Mrs. Range: I'll second it. Mr. Plummer: Due to the lack of interest ... Mayor Suarez: Thank you. Any discussion if not? Do we need any... call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-828 A RESOLUTION DETERMINING THAT SECURITY AND STREET MAINTENANCE AND SIMILAR SERVICES BE PROVIDED FOR THE PERIOD OF ONE (1) YEAR IN THE FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT, AS DECLARED BY RESOLUTION NO. 89-548, ADOPTED JUNE 7, 1989, AS AMENDED; FURTHER LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTIES IN SAID DISTRICT BENEFITED THROUGH THE PROVISION OF SUCH SERVICES, IN ACCORDANCE WITH THE FINAL ASSESSMENT ROLL TO BE FILED FORTHWITH WITH THE CITY CLERK. (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 Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor De Yurre COMMENTS MADE DURING ROLL CALL: Mr. Plummer I can't exclude the Intercontinental, so I got to vote yes. COMMENTS MADE AFTER ROLL CALL: Mr. Plummer: May I ask a question? Where's the Manager? Mayor Suarez: He's over on your right. Mr. Plummer: Mr. City Attorney... Mr. Fernandez: Yes, sir. Mr. Plummer: Presently across from the Intercontinental Hotel sits seven taxicabs on City property. What gives them the right to do that? Mr. Fernandez: They sit on the public right-of-way, you mean? Mr. Plummer: Inside the park. Mr. Fernandes: Inside the park? Mayor Suarez: Well, right now it is fenced, the park is fenced, so they sit right by the fence and what is otherwise... — Mr. Plummer: Why can't that be designated for the elected officials who have to go there representing this City? Mayor Suarez: And I bet that some of the space that they use is technically part of the park, not even a right of way. Mr. Plummer: No question. Mayor Suarez: Because it is paved right up to the park, if I remember correctly, right up to the park. Mr. Plummer: That's right. Mr. Fernandez: So clearly then, they are do doing so illegally and they can be removed. Mr. Plummer: Where is the Manager? Mayor Suarez: He doesn't even want that much, just designating for the Commissioners, or some, or whatever. Mr. Fernandez: Well, your Police Department, together with DOSP can do us and... Mayor Suarez: Don't get DOSP involved in marking lines, I don't think it is necessary. Anyhow, they are good at marking lines. Why not, whoever! Mr. Plummer: Hello? You going to follow up on it? OK. Mayor Suarez: You don't really need five spots, do you? J.L., you don't really need five spots? Mr. Plummer: Fine, make it two. Mayor Suarez: OK, please, because those people are making a livelihood. OK. 66. (A) FIRST CITY OF MIAMI PUBLIC HEARING ON FISCAL YEAR 1989-90 BUDGET - Discussion. (B) APPROVE ALLOCATION OF $50,000 IN SUPPORT OF THE SUNSHINE STATE GAMES. ------------------------------------------------------------------------------ Mayor Suarez: Next item, 46, budget. Mr. Plummer: Does anybody want to talk about budget? My God, if not, the Herald won't have anything to write about. Mr. Surana: One second. Mayor Suarez: Do we need to make an initial presentation by the City, brief presentation? Mr. Surana: Yes, we've got to follow the agenda, Mayor. Item number 46, discussion of proposed millage rate and tentative budget for the City of Miami. (A) Percentage increase in millage over rollback rate. Response two and 61/100th of one percent. (B) Specific purpose by which ad valorem tax revenues are being increased. Purpose: Partial funding for public safety services cost $2,442,070, percentage, one hundred. Item (C) City Commission listens to responds to citizens. Mayor Suarez: We know that we are going to do that, you don't have to read that the City Commission listens and responds to citizen comments. OK, are we at that point now? We are at (C). 180 01 September 14, 1989 Mr. Lou Kickasolas Mr. Mayor, thank you, Commissioner's. My name for the record is Lou Kickasola, I'm a vice president of the Miami Association of - Firefighters, 1101 NW 79th Avenue. The reason the firefighters are concerned tonight and coming here tonight to speak is concern with the budget and how it = concerns the citizens of Miami and the fire service - and the service that's provided to the citizens. Under the proposed budget, and being passed out right now is a graph that we've comprised, with statistics from the Fire Department showing manning levels and the present manning levels. Under the proposed budget it says that they are going to give a level of service to the citizens of Miami, but in fact, if you look at the hard data, that has not been done for the past two years. We have vacancies in the Fire Department right now, and when he's done, I'll walk through the graph with you to show you the stats and then I'll speak on it. The first document I'm showing you is a document with graph on front. It goes from 1975 to the projected 1995, and the dark area shows the... Mayor Suarez: How would you know Lou, what the projected number of alarms in 1990 would be? How do you calculate that? Mr. Kickasola: OK, this is statistics taken from a data report that was done by a quality assurance officer from the City of Miami Fire Department, it's their data report that I... Mayor Suarez: You've told me where they come from, but you haven't told me how you project how many alarms you are going to have. I mean, obviously that... there is a certain amount of guess work involved in that, right? Is it like, are you assuming single line increase extrapolations? Mr. Kickasola: No, they went back to 1982 and looked at all the increases from each year. They went to 1982 to 1988 to look at the percen... Mayor Suarez: I said single line, I meant straight line extrapolation, is that you are assuming? I mean, how did you make that projection, how did they make that projection? Mr. Kickasola: They went back and looked at total alarms each year and projected as a one... Mayor Suarez: And as it went up, you assumed that it would keep going up at the same rate? Mr. Kickasola: Right, and they took a mean level, they took an average annual increase of 8.12 percent each year and they projected what they would look at in 1995 as total alarms in the City of Miami. When you look at 1988 on that graph, it shows the actual alarms responded to in 1988, which is 54,273 alarms and of course when you go on, 1990 project is... Mayor Suarez: Now, it's just a rough calculation, it looks like straight line extrapolation, because you are assuming eight percent and compounding it, but obviously, it could be a lot less. Mr. Kickasola: Yes, it could be a lot less, but if you go back to 1982, as they show the percentages in the sheet, we were trying to take an average. It could be plus or minus off that total, you are looking at 65,000 alarms. It could be 60,000 alarms or it... Mayor Suarez: It's a lot of alarms. Mr. Kickasola: Yes, it is. Mayor Suarez: How many fires, any idea? Mr. Plummer: Fires or responses? Mayor Suarez: Fires, actual fires. Mr. Kickasola: You can probably ask the Fire Chief, he's got the data there, but I have the data here too, but it will take me some time to go through it. I'd rather go through this presentation. Mayor Suarez: And by the way, as I've always asked that in the past in this context, I had to say that I have been educated to fact that most of your 181 September 14, 1989 & 0 responses, both for rescue vehicles and engines, maybe not the real large ones, the ladders and so on, but the engines and the rescue vehicles, most of the responses are to not fires, they are to emergency conditions or circumstances, typically medical, and that has educated me and is something that I wish I had known a long time ago, because it just doesn't seem like there are that many fires in the City, but there are many medical emergencies, and your engines are doing medical emergencies and your firefighters are doing medical emergencies, in fact, the times that I have been there, that's all they've done, and they do it very well, but for the average person in the City, you know, it explains why, with all the modern things that buildings have and Fire Code requirements and everything else, why we still need the personnel. Most of the time they are responding to medical emergencies, they are not responding to fires, and they are incredibly good at medical emergencies, I had to say that. Now, the equipment they use is not very ideal, because to take a huge truck out there to respond to a medical emergency doesn't sound to me like a very smart idea, but maybe that's the only equipment we've got, we don't have that many rescue vehicles, so... Mr. Kickasola: I'm not going to talk tactics here, what I would like to go back and stay on track here why we are here tonight. What we are here tonight is talk about manning levels and how the positions have not been filled. Mayor Suarez: Well, but now, Lou, that affects manning levels because if you have a huge engine that you are taking out and it takes a certain number of people to operate it and you could have used a smaller vehicle, you would have had more man power available to respond to the kinds of things you are responding, which are mostly medical emergencies or accidents which potentially might involve a fire or hazardous substance, but typically do not. Mr. Kickasola: What I would like to address tonight is the proposed budget calls for a service rendered to the citizens of Miami as they said in their budget that they said they did last year, and what I am saying now to you is the proposed budget calls for "X" amount of dollars, "X" amount of positions, and they've never filled those positions, they've left them vacant, which calls for salary savings, and other things that they use. What I'd like to do is finish with this dissertation and it will be much more clearer to everybody in this room what we are speaking of. As I started to say, on the first graph it shows in black, in the dark area, it shows the amount of uniformed personnel in the Fire Service in 1975 and as it progresses through 1988. In the lighter graph, you see the total alarms run in 1975 and it also progresses in the amount of alarms as it goes up to 1988 as I specified before, from 21,000 in 1975 to 54,000 alarms plus in 1988. The second page provided to you is a stat page and it is done by the Miami Fire Department. It shows out of service trucks and this stat sheet goes back to January of this year and it runs up to the end of this month, of August and it shows on each even given day, trucks out of service, and just at first glance at that first sheet, just to show what it is, it says in July 16th they had one truck - out of service for 24 hours, which is a four man crew, that was out of service. And as you gaze through the sheet each given day, there is a hose - five and an aerial, there are two trucks out of service for 24 hours. Mayor Suarez: Yes, I would guess there would be one or two trucks out of service on any given day. How many altogether? Mr. Kickasola: This is not for in service training, sir. This is for, they were out for 24 hours because they don't have the personnel that they said they budgeted for, that they never hired. Mayor Suarez: Oh, I see what you are saying. You mean out of service for lack of personnel to man it. Mr. Kickasola: That's correct, sir. If you go to the back page, which graphically shows what they have not done on their proposed budget. On the last page, it shows the 1988-89 budget, uniform positions was six hundred and seventy-three. Total positions unfilled for the year, for most of this year of 1989 was 36. In September of this month, they graduated a recruit class of 12 people which now shows the unfilled vacant positions as 22. In our budget positions, and if you look at the bottom graph, the bottom pie that I showed you on that last page, it shows projected retirements at the first of this year which is January, 1990, they project approximately 20 people retiring. If you take that total along with the 22 vacant positions that are now there on the floor in combat, you are looking at 42 people, the possibility of 42 182 September 14, 1989 3 4 _ people and under his proposed budget, he does not have another class scheduled for Fire College to bring people into this job until November of next year, which we are talking 14 months from today. Mayor Suarazi What about presently? How many do we have in the college now, Mr. Manager? When is the next one, November of 1990, as he is stating? State it into the record, Chief, but we want to do it the quickest possible way here. If you have the information, please put it in the record. Chief Duke: The conversations that I've had with the Manager... Chief Duke, Fire Department... conversations that I've had with the Manager when the need arises, once the requirements of the budget are satisfied, we may have this class, start a class as early as June, mid year. Mayor Suarez: OK, go ahead, finish up. Oh, I'm sorry, Commissioner Dawkins. Mr. Dawkins: Mr. Manager, a statement was made that we have had 22 vacancies for the year, is that a true statement? Mr. Odio: I'll let the Chief answer that Commissioner. Chief Duke: At the present... Mr. Dawkins: No, no, see, no, no, just bear with me now. The gentlemen said that for the year you've had 22 vacancies vacant for the year. Is that a true statement? Chief Duke: No. Mr. Dawkins: OK, how many vacancies do you have that were vacant for the year? Chief Duke: Right now I've got 18. Mr. Dawkins: Eighteen? Chief Duke: Right. Mr. Dawkins: All right now, following his thinking, Mr. Mano Surana, what's the average cost per firefighter per year? Mr. Manohar Surana: $55,000... Mr. Dawkins: Multiply quickly 18 times $55,000. Mr. Surana: $900,000. Mr. Dawkins: Where is the $500,000 that was budgeted and not put in personnel? Mayor Suarez: Nine hundred I think he said, right? Nine hundred. Mr. Surana: Yes. Mr. Dawkins: All right, where is the million dollars? Mr. Odio: I'll tell you where it went, Commissioner. We had to... Mr. Dawkins: No, no, OK, you going to tell me, or the Chief going to tell me? - because see, I keep asking questions. Mr. Odio: I'll tell you. Mr. Dawkins: OK, you tell me,, please. Mr. Odio: In negotiations with the Fire Union we had to save their insurance. They failed with their insurance, and we had to put up immediate cash of $650,000 and we had to take up, we had to assume the responsibility of paying off the claims and we don't know how much it is going to be, I think it could be up $1,000,000 plus a reserve, so you are talking quite a lot of money that we had to make up for the Fire Department this year. 183 Mr. Dawkins: OK, then why didn't we budget $1,000,000 for contingency fund to cover ghat we are discussing, rather than tell us that we are going to have 18 positions and have firefighters on the job that we don't have? Mr. Odio: We were not expecting to have to take over their insurance. Mr. Dawkins: No, no, see, evidently I'm not coming through. Mr. Odio: We did not have a contingency for the insurance. Mr. Dawkins: OK, then, my question is why haven't we filled 18 positions? Mr. Odio: Because I don't have the... first of all, we don't need them right now, and the Chief will tell you this. Mr. Dawkins: All right, well then if you don't need them right now, in your present budget, did you budget for these 18 positions for the year, if you don't need them? Mayor Suarez: That's a very simple calculation that we are wanting to hear. How many personnel positions were budgeted and how many were actually filled? Chief Duke: OK, the budgeted positions for... Mr. Dawkins: How many budgeted... Mayor Suarez: Yes, and then we'll ask, yes, for next fiscal year, how many are budgeted. Chief Duke: The budgeted positions for 1989 were... Mayor Suarez: Don't say 189, because that confuses everybody. The fiscal year that just ended, that's going to end this month. Chief Duke: For this year it was 756 positions. Mayor Suarez: OK, and how many... that was budgeted? Chief Duke: Budgeted. Mayor Suarez: And how many did we fill? Presumably 18 less than that? Chief Duke: Right. We've got one class of 12 that we just graduated. Mayor Suarez: Just the total figures. Seven... what, 38, is that what... Chief Duke: We are 18 positions short of being up to maximum managed staff at this time, strength at this time. Mayor Suarez: OK, but you are saying that even though we budgeted seven fifty-six, you thought that you could live with, and the Manager is concurring, seven thirty-eight. Chief Duke: Well, we constantly have a reduction in manpower because of retirements and so forth. This budget is... Mayor Suarez: But we take that into account in the budgeting process. We know that over a year's span, we lose some people through attrition, retirement and we still budget for a complement, in this case, seven fifty- six, you said Chief Duke: In most cases our budget for the past few years has been based on a retirement ratio of somewhere around 15, 18, 20 people per year. This past year we only had something like eight retirees or eight vacancies come due. We don't know what the projection is going to be next year. We are still in negotiations with the union on pensions. Mayor Suarez: We know to the extent of projections, Chief. We have to budget and that's what this process is all about, so... Chief Duke: That's correct, that's what's been done at this point. 184 September 14, 1989 Mayor Suarez: What is budgeted for next year? How many positions? Chief Duke: For the same manning that we have right now, seven fifty-six. Mayor Suarez: Well, the some manning that we budgeted for until the present, but we didn't have, because you are saying we have 18 less, so now we are saying that we will go back, we are budgeting for a full complement again of seven fifty-six. Chief Duke: We are budgeted for the full complement, correct. Mr. Kickasola: May I speak again? Yes, you are talking about, we are talking about level of service, and you are talking about a proposed budget, you are talking about, we are not here to ask you to cut the budget, we are not asking you to increase the budget and hire more people, we are asking you to man the trucks. Mayor Suarez% OK, now, are you saying the seven fifty-six cannot do the job, if we in fact are able to get the seven fifty-six? Mr. Kickasola: We are asking you to fill the present vacancies that are there. Mayor Suarez: Well, but Lou, we've got to go with the figures that we are... Mr. Kickasola: Well, let me say to you that in July 8th of this year, and I'm just using this page from pages that I gave you in the second packet, on July 8th, it is on page 9 of that packet, on July 8th we had hose four out of service for 24 hours, which serves the Brickell Avenue area, both in EMS and fire response. Hose five, which serves Jackson Memorial Hospital complex, a major complex. We also had rescue six... Mayor Suarez: OK, you are looking now at the same issue, but on a per equipment basis as opposed to... Mr. Kickasola: I heard the City Manager say we don't really need those people now. If he doesn't need the people, then why are these trucks out of service every day? Mayor Suarez: And let me ask another question. If we don't need... Mr. Kickasola: Sixty-one percent of the time... Mayor Suarez: Wait, wait, if you are budgeting seven fifty-six and you have no one in the Academy right now, and the fiscal year begins in 16 days and you may have some retirements, you always anticipate some, how do you expect to maintain seven fifty-six, if you are eighteen short and there aren't any in the Academy and you have some that might retire? Chief Duke: If we have the continued situation that we have right now, we'll continue with the trucks out of service on an interim basis. The budget that the Manager has given me that we are working with this year does not put trucks out of service permanently, it does eliminate any positions, that's not the budget that we are working under this year. It is a tight budget, we do have restrictions with our budget... Mayor Suarez: But as far as the seven fifty-six positions, how do you hope to get back to seven fifty-six if you have no one in the Academy? Chief Duke: I'm hoping that by mid -June, midyear, the Manager says that once we get to the point where we have satisfied the requirements of the budget... Mayor Suarez: But that is almost the end of the fiscal year. Chief Duke: Well, that's exactly what we did this year, since we just graduated a class of 12... Mayor Suarez: And that's exactly what they are objecting to. They are saying that is not sufficient manpower. But in other words... Mr. De Yurre: He is saying we have about $1,000,000 extra. 185 September 14, 1989 Mayor Suarez: Oh, we will have another $1,000,000 created there, it sounds like. No, maybe more, if you have more attrition. Mr. Kickasolas If he is saying seven hundred and fifty-six, that's an acceptable... I'm sorry. Mayor Suarez: I think there is a contradiction there in what he is saying. I'm just not convinced that your figures are correct, that you need all those people and they are saying we are doing all right with seven thirty-eight. Mr. Odio: Mr. Mayor, I would like the Chief to say whether we are providing a good level of service at the community... Mayor Suarez: I'm sure he is going to get to that as son as... Mr. Odio: And two, we need to wait, budgets are projections, I need to wait until January to find out exactly how many people are going to retire. We are in negotiations for pension, and according to what we negotiate, retirements will increase or stay low, so.... Mayor Suarez: OK, yes, there are some variables here which are going to be related to the fact that the agreements with your union will be due to expire when? - precisely, at the end of the fiscal year? Mr. Odio: We are now in negotiations with the pension. Mayor Suarez: When do they expire? Mr. Odio: The union agreement does not expire this year, but we... Mayor Suarez: So it doesn't expire at the end of this year? Mr. Odio: No, we are in negotiations in pension and we hope that that will conclude it, but that... Mayor Suarez: Well, if they don't expire at the end of this fiscal year, then presumably they go for another fiscal year. Mr. Odio: No, but the pension is open right now. Mayor Suarez: The pension is still being discussed? Mr. Odio: Yes. Chief Duke: That's correct. Mayor Suarez: Is that because we are trying to reduce the contribution or the total mount? Mr. Odio: I'm trying not to increase it. Mayor Suarez: No, no, I know that is usually the way. We are trying to decrease, they are trying to increase. Mr. Odio: But the fact is that I think that will be a determining factor on how many people we lose in January. Mayor Suarez: And we think that we are in... we may be in that interesting world of over -funding of our pension plans. Mr. De Yurre: But one thing that's not a variable is that the 18 positions are not going to be filled during this fiscal year. Mayor Suarez: It doesn't sound like they are going to be filled during this fiscal year, unless you started an Academy right quick in the next few weeks. Mr. Kickasola: Well, our request here is twofold. One, he is talking about a level of seven fifty-six. If that his goal, we accept that goal, if that is what he is talking about, but what we are concerned about is the vacancies that are there right now. Our request is two -fold, number one, start hiring the people that need to bring up to that level; number two is to do, what to do for the vacancies that are there now and we were going to... 186 September 14, 1909 4 0 Mayor Suarez: He answered one part of that, because the Manager and the Chief both said that they felt we had an adequate level of service. The fact that we have some equipment that's not in service for lack of manpower just means that we may have an over supply of equipment from their perspective. If they say that the level of service is adequate, which is what I was going to get to. Now, the only index I know of, dealing with that, is going to be response time and claims, I suppose against the City, or deaths of people, or property losses and if you want to address that... Mr. Kickasola: Well, that's a liability you are going to face. Mayor Suarez: Yes, if you want to address that, then we will get the answers. Mr. Kickasola: The Fire Chief is playing Russian roulette with what truck he puts out of service today. Mayor Suarez: And then we will get that from the Chief. Level of service, which is obviously in terms of response time, loss of property, loss of life. Mr. Kickasola: When we talk about level of service, we are talking about Russian roulette. Let's go back about a month, when you saw on the TV, when those three people were hanging out of a window in Atlanta, Georgia and you had a senior aerial? parked in front of that building at its fullest extension and a firefighter hanging off the end of that thing, pulling those three people out of there. Now, could you have done it with the aerial that was out of service in the City of Miami yesterday or tomorrow? I don't think so. Mayor Suarez: Lou, but you know, that is an interesting hypothetical, but you know, you are doing what Don Teems does a lot, he goes outside of our jurisdiction. In terms of response time, in terms of loss of life and property, what do you see as a situation for next year if we only have seven thirty-eight instead of seven fifty-six, during most of the year? Mr. Kickasola: I see trucks out of service every day and I see... Mayor Suarez: Maybe they are not needed. I mean, in terms of response time, or loss of life or loss of property? Mr. Kickasola: Maybe you should ask the citizens whether they want that service. If they want to call up 911 and say I need a rescue, and they say, well, you've got to wait another ten minutes, it is not here yet. Mayor Suarez: Suppose the Administration says, well, we have seven thirty- eight, but we don't have as many top level people, we've put them all to work, you know. One time the former Chief took me to see his upper level staff. He had 18 assistants. Hopefully that is not the case anymore, I don't know, I mean, but are you prepared to argue on the response time, loss of life, or loss of property? Or if not, I am just going to go ahead and get them to put that on the record. Mr. Kickasola: That is our concern today. We are concerned with that, yes, sir. Mayor Suarez: All right, Chief, what do you feel about that? Are we going in the right direction in that sense? What statistics can you give us for this year and project it for next year. Chief Duke: Again, you know, the same applies and we do have a tight budget, we are in a posture that if we have a lot of retirees, we'll have apparatus out of service. We have not... denoted one individual apparatus that we are going to put out of service for any length of time, hopefully that will not be the case. Mayor Suarez: What response time, loss of life, and loss of property? Chief Duke: Response time we hope to identify and continue with an acceptable response time, which is less than... you know, if this is the four minutes, we are still running right at the four, four and one-half minutes everywhere in the City on an average. Mayor Suarez: How does that compare to national...? 187 September 14, 1989 • Chief Duke: Nationally, that's very good. • Mayor Suarez: How does it compare to other jurisdictions in the County that have their own Fire Departments? Chief Dukes We are probably better than three, maybe a little bit closer on a couple others, but we have better response time than most other departments. Mr. Plummer: How many class one departments in the United States? Chief Duke: Of our size, I think there is only seven. Mayor Suarez: Including ourselves. Chief Duke: Including ourselves. Mayor Suarez: OK, how about loss of life and property? Chief Duke: Right now, we are sitting, thank God, with only one fire death for the entire year for the City of Miami. Mayor Suarez: OK, how does that compare to prior years? Chief Duke: Prior years, we've been averaging 12, 13, 14 fire deaths a year. It's very, you know, it's... Mayor Suarez: OK, we had a very good year that way. How about loss of property? Chief Duke: Loss of property, we are at about $2,500,000. It usually runs around six, seven, on an average, so we are very fortunate this year. That doesn't mean though, that we can't have a catastrophe, you know, at any given time. Mayor Suarez: Sure, those are things that are fortuitous, and have a lot to do with what some people and the law refer to as acts of God and in theology. Anyhow... Chief Duke: The opportunity that the Commission and the Manager has given me to, you know, to buy the new apparatus, the quints that are so controversial as far as a union management condition. It gives us the opportunity to have the additional pump, the additional ladder when we do, when we are forced to put a truck out of service by... Mayor Suarez: That's a combined truck, is that what that is? Chief Duke: Yes, it is. And they would do the same thing that you had the opportunity to do, that apparatus would roll on emergency responses just like the others. It's a better tool, it insures that we got a quicker response. Mayor Suarez: And for most of the things that I've seen them respond to, it is not the ideal one because it is too bulky and it takes too long to get from one place to another. Mr. Plummer: How about the idea that the rescue calls, 60 percent of them are not needed? Mayor Suarez: Yes, then we have false alarms also, as a... Mr. Plummer: Not necessarily false alarms, they are just not needed. Mayor Suarez: Or exaggerated alarms, then. Chief Duke: Commissioner, we've addressed that with a screening process. Some 3,000 alarms that we receive right now are handled by private ambulance at this particular time. Mayor Suarez: How are we addressing that? What system did we institute to try to prevent our having to go out to a... the one you... 188 September 14, 1989 Mr. Plummer: I want to ask a question and I've got some information coming Chief. You always told she in the past that according to State law that if we in rescue placed a needle in these people, we had to transport. Did you not tell me that? Chief Duke: if we stuck a needle in somebody, we violate the body, that's my understanding we have to transport, that's correct. Mr. Plummer: You're wrong, OK? And I've got the information coming, because this goes back to you defeating my argument that we should not be in the transporting business, because that is a County responsibility, they pay for it if you use Randle -Eastern and the excuse... Chief Duke: We're going to get $500,000 this year from transport. Mr. Plummer: That's 13,000 calls that we're doing the County a favor for at about $100 a call. Chief Duke: Our rescue units would be waiting for in excess of 18 - 20 minutes for those ambulances to arrive. Mr. Plummer: I'm telling you that I am told that that determination is made by your local... and I've got the information coming. Mayor Suarez: We would all agree if in fact you have a needle stuck into a person and you don't have to transport in some situations, we ought to investigate the possibility that we don't have to transfer them. Mr. Plummer: OK, I have the information coming. Chief Duke: The Commission has supported in our efforts to go with the squad concept, that's where we leave the large apparatus in the station. We take the smaller apparatus to respond to those incidents where we can do that. It's cheaper on the citizens of Miami. It gives them a quicker response time. Mayor Suarez: You do have a lack for smaller apparatus, I mean, I think that's clear. Chief Duke: The situation that exists there is the same one that Mr. Kickasola spoke to. If you don't have the apparatus, you know, you can't do the job and even though they are in a standby mode, you can always, you know, use them. If you do away with them, then you don't have that tool. Mr. Plummer: Yes, but how many firefighters do you have in Rescue? Mayor Suarez: 120 or so. Mr. Plummer: Of this number? Chief Duke: All of them. Mayor Suarez: No, specifically in the Rescue Division it is 100... Mr. Plummer: Are there 120 people dedicated to rescue? Chief Duke: We have 114 people daily that ride the... we have 114 people assigned to the Rescue Division, but they are all firefighters. They are all trained firefighters. Mayor Suarez: We understand that everybody you have are firefighters. Mr. Plummer: But the 114 are... if you didn't have Rescue, you would have 114 more personnel for firefighting, is that correct? Chief Duke: That's correct. Mr. Plummer: OK, and if you didn't transport 13,000, and you didn't respond to 60 percent of calls not needed, you would be way over your manpower. Chief Duke: No, I believe that we would... 189 September 14, 1989 Mayor Suarez: Sure any efficiency is a good idea and the Commissioner is pointing out that 60 percent alarms that are not really true alarms is a high number. Now, Mr. Manager, let me relate, along the lines of what Commissioner Plummer was saying of services that really just don't make any sense for us to be rendering. A situation that happened that is just incredible to me and the citizens who are here, I hope they listen to this. Our department was called to go a hospital, of course it is a specialized hospital, it is an eye hospital, Bascom -Palmer. We go there because a patient, or actually a visitor, I think it wasn't even a patient, a visitor is having some kind of a stoke or some problem, whatever it may be. The idea that we are going to a hospital with our paramedics, as good as they are, but a hospital presumably has doctors all over the place and experts and surgeons and every other kind of medical personnel, is already somewhat strange. But anyhow, we get there and then even though the entrance to that hospital is right next to Jackson Memorial, one of the best trauma centers in the world, instead of taking this individual who is dying to Jackson Memorial, that individual is then at the request not of our department, at the request of Bascom -Palmer, is taken to, I think Cedars, it was, some other hospital which is quite a bit further away and he has to be loaded into the rescue vehicle again instead of just wheeled across the street, because Jackson emergency entrance is right next to Bascom - Palmer, and so instead, we are taking this person, including the risk and including the possibility that we might lose the patient, I think in fact, this particular patient died, although we were able to revive him at the hospital he was taken to, to another hospital, so he's been to two hospitals with our personnel, who are not doctors and not to Jackson Memorial, which is right next to where the person had the stroke. I mean, this just seems like a... Mr. Manager, would you investigate whether that makes any sense, I mean, whether we can allow a hospital or a clinic, it happens with clinics a lot, to tell us that they want this patient transported to a particular hospital or transported at all. I mean, maybe they should be doing the transportation, as... Mr. Kickasola: Mr. Mayor, I can shed some light on that. I know you were on that particular alarm. Was the doctor in the rescue truck with you when they took that patient to the hospital? Mayor Suarez: The doctor didn't, it happens a lot, didn't want to take responsibility. Mr. Kickasola: She did not accompany him? Mr. Plummer: That's the liability problem. Mayor Suarez: Maybe they did, maybe they did, I don't know. He wouldn't do anything. We have to do everything ourselves. Our paramedics did everything, he didn't do anything. Mr. Kickasola: Because the reason I pointed out, I'm presently a paramedic on a rescue unit, so I am familiar with the law. We have standing protocols to follow for a patient if there is no doctor and we take to the nearest capable hospital. But in the event the doctor says I will accompany you and stay with the patient we then become his aides and we have to do what he tells us to do, because he is a physician. Mayor Suarez: Yes, we have a little bit of a problem with that. In this particular case, I think like in most cases the doctor didn't want to take responsibility. He did go with the patient, but... Mr. Plummer: May I ask Chief, I'm going to put also the responsibility on you. I want your justification of State law, you send me a copy of where you state that if you put a needle, you've got to transport them. Mayor Suarez: Yes, let's check that out. Mr. Plummer: I want a copy of your position on that , because I've got one from the other way coming. Mayor Suarez: Anything further on these issues of manpower levels and levels of service? Yes. Chief Duke: If I may address some of the other concerns here. The City of Miami is going to continue to grow. We are going to continue to be more of a 190 September lk, 1989 tourist mecca for the next few years. At some point in time I am going to have to go to the City Manager and may we need more bodies, you know, to go out and take care of the job that we've got to do, and I'll come to the Commission at that point and recommend that. We will continue to increase the number of alarms. We have, for as long as I've been on this job. I don't see it going down. We are going through some programs now to try to eliminate some of the rescue calls that we respond to. We have already done that with some of our screening programs. If not, we will be responding to many more alarms than we do right now. We just had one of our apparatus that turned 100,000 miles an 11 year old apparatus, that's probably unheard of anywhere in the United States and we are responding to almost 60,000 alarms in a City that is only 34 square miles with 500,000 people. Nobody else in the United Stated does that. Mayor Suarez: It's 500,000 on a permanent basis, but as you pointed out, we have 2,000,000 into the County, many of whom don't come into the City, and we have a lot more population on an itinerant basis then 500,000 would indicate, or 400,000 would indicate. Mr. Plummer: What did you collect last year on transporting runs? What was your revenue? Chief Duke% About $250,000. Mr. Plummer: What percentage did you collect on that you billed for? Chief Duke: Approximately 26 percent. That compares favorably with the rest of the community. Mr. Plummer: If the County transported or if Randall transported, the County would have to pay 100 percent of that and it would cost the taxpayers of the City nothing, correct? Mayor Suarez: You mean the County in which kind of situations? Mr. Plummer: No, no, if the County... if they call Randall -Eastern, the County pays for that and it would cost the taxpayers of this City nothing. Is that correct? Mayor Suarez: But regardless of the person's insurance or ability to pay? Chief Duke: We still have the burden of responding to that alarm with our units. Mr. Plummer: But instead of being tied up for 15 minutes, you are tied up for an hour. Chief Duke: In many of these cases, it's... Mr. Plummer: But what I am saying to you, if the County transports, the private company which they have a contract for, they pay that company, but they won't pay us. Chief Duke: I don't know what their collection ratio is, but it's Mr. Plummer: Not their collection ratio. I am saying that if every time you responded a person had to transported, you called Randall instead of transporting them, the County will pay 100 percent of that. I'm saying that you wouldn't have to worry about collections, you wouldn't have to worry about anything. Chief Duke: We would still have... Mr. Plummer: It's the County's... Mayor Suarez: And you know, Chief, that is particularly important because most of the time people call Rescue first, regardless and maybe some of the time we should be, even as we attend to the scene, I'm not saying not to go, as Commissioner Plummer is also saying, be notifying Randall -Eastern because the entire City of Miami is under County jurisdiction also as to that, and it is their responsibility equally, and if we anticipate transport, maybe we should be calling Randall -Eastern on the way over. 191 September 14, 1989 Chief Duke: You know, the Fite Department, since we got in the rescue bubib6ab, we have increased the level of the expertise that we have. I am sure that Miami is... Mayor Suarez: It's remarkable, from what 2 have been able to determine. Chief Duke: Miami is one of the safest places in the United States to have a heart attack in. Mayor Suarez: Yes, and I guess the whole world comes here to have heart attacks. I mean, it is just amazing. Chief Duke: But if we... Mr. Plummer: What is the total cost of the operation of rescue services? Mayor Suarez: Ronnie Book is going to have a heart attack. I'm sure some people wish that, right? Mr. Plummer: $5,000,0007 Chief Duke: Approximately $5,000,000. Mr. Kickasola: May I close? Mayor Suarez: I'm sorry. Are you finished the line of questioning, Commissioner? Lou, go ahead. Mr. Kickasola: We came here tonight to make you aware of vacant positions in the Fire Service that aren't being filled. Citizens are paying for service, for full service, which they are not receiving and my last statement is we are requesting of the Commission to direct the Fire Chief to fill those vacant - - positions as we pointed out to you tonight, and that's our request and why we are standing here. We can do it two ways, one is we do Fire College immediately, but that's not going to fill those vacant positions that are existing now. And the other way you could do it is by overtime of off -duty firefighters to fill those vacant trucks and put those trucks in service and that is our request. Mayor Suarez: But the objective indications just don't favor you in this request, I have to tell you. We looked at three of them, response time, loss of life and loss of property. Mr. Kickasola: Well, that's his statements here tonight and I don't agree with his statements. Now, if we're saying... Mayor Suarez: No, well, if you have any statistics that indicate the loss of - property, loss of life and response time are other than what he said, get them to us as quickly as possible. At least before the second... Mr. Kickasola: We will be glad to come back with ourselves and with citizens to state that to you. We are ready to do that. Mayor Suarez: I'm sorry? r Mr. Kickasola: If you're saying... Mayor Suarez: Well, those are fairly objective statistics. Either they're right or they're wrong, Lou. - Mr. Kickasola: ...that you're going to allow the Fire Chief to leave trucks out of service, we're saying to you that we cannot allow that to happen. We want full service for the citizens of Miami. Mayor Suarez: We don't, you know, we have objective criteria we're looking at and they seems to indicate that we had an extremely good year in terms of what we tried to prevent and in terms of our response time. Now, we could have a tragic next year, I admit, I mean it is subject to a lot of fluctuation and a lot of luck, I have to admit. I mean... 192 September 14, 1989 { Mr. pluomr: Well, I think the one thing that has to be said that's not been said and that it is, in my estimation, it is better to budget for the positions if not needed, than to need thus and not have the budget to provide for them. And I think that's a very important thing that we do provide in the budget for those positiona if necessary and become available. But God help us If we need theta, and we don't have the budget to cover them. Mayor Suarez: OR, I don't really know. UNID IFIED SPEAKER: No, he was first. He was there first. Mayor Suarez: Go ahead, sir. All right, go ahead. Mr. Brad Brown: Yes. My name is Brad Brown, I am second vice president of the Miami -Dade NAACP, offices at 2741 N.W. 49th Street. The NAACP has a long involvement with the Fire Department. Over three years ago, I served on a committee jointly with SALAD that resulted in a study group that examined the Fire and presented a report to you. Later on this year, I stood as an individual and served at the request of the City Manager on a committee that investigated the situation relative to Leo Garcia and also made a report. At that particular time, and sort of culminating in all of these events, one rather straight forward action, I thought was promised, and that was to assign an affirmative action officer to the Fire Department. And I have my understanding from review of the budget, and I may have missed that, I'm not an expert at looking, deciphering all of the budget, but neither - there is not a position assigned in the affirmative action office, nor do I see budget within the Fire Department to have that position. Mayor Suarez: Did you specify? Could you answer that particular point, Mr. Manager, if there is, in fact, someone, who that person is and what the amount of the... Mr. Odio: I don't know who the person is but we're in the process of hiring somebody to fill it. Mayor Suarez: OK, we don't have a person yet, but we're budgeting for that person. Mr. Odio: Yes. Mayor Suarez: What are we budgeting, what amount? Mr. Odio: I don't remember, Mr. Mayor. I don't remember, but it won't be that high. Mayor Suarez: Might have some people that want to apply. Mr. Brown: No, no... Chief Duke: We - at the present time.... Mr. Odio: No, no. Please, he has to have - that person has to have a particular expertise in the affirmative action field. Mayor Suarez: I am sure that the people that we would suggest it to would have that particular expertise, Mr. Manager. Mr. Odio: We will... Mayor Suarez: Yes. Mr. Odio: We'll probably advertise the position. Mayor Suarez: Thank you. You have no idea how much it pays at this point? It's in the budget somewhere, I hope. It's supposed to be in the budget. Mr. Odio: I hope it's no more than $30,000 if they... Mayor Suarez: Well, I hope it's in the budget, whatever the amount is. Mariano. 193 Mr. Mariano J. Cruz: My name is Mariano J. Cruz. I live at 1227 N.N. 26th Street in the City of Miami. And this is going to be one of my first few times here that I'm going to congratulate the administration of the City, as the City Manager, for the job that's being done this year, with what little resources the City of Miami got compared to the county and school board. And I am going to... Mayor Suarers You said little resource, resources. Mr. Cruz: Yes, resources, compared to the school... Mayor Suarers Oh, it sounded like results and I just wanted to... Mr. Cruz: Right, right, well... one thing, we get a lot of paper from the City and all this, State of the City, all this, the budget. I'm going to make like state of the neighborhood and I am going to read highlights of some of your... I didn't know about this, I get it today, your office, and it's important because many people don't read these. But it's important, it's good, what is in here. And like say, you say... Mayor Suarez: We don't have any money to mail it to all the citizens. I'm glad that you... Mr. Cruz: No, well, that's true, but I work for the post office. Remember, I work for the post office. Mayor Suarez: Can you organize some of the postal workers... Mr. Cruz: Right. Mayor Suarez: ...to hand it house to house for us? Mr. Cruz: No. This year we redoubled our efforts to improve access by citizens to the essential service the City renders, fostering accountability with police, fire, parks, and public school personnel. This year we also call on citizens to give of their time and expertise in preventing crime, forcing comply with code, protecting and managing our parks, and guiding our various public works projects. That's about, you would say. Now, we want to accept citizen input positively, that's where your works too. That's good. I go for that. Now Victor De Yurre, Vice Mayor, Miami is an exciting and vibrant community, one which would certainly provides many opportunities for individuals and collective prosperity. As city officials, we must use our best efforts to ensure that these opportunities are made available to all people, all the neighborhood too, not just certain neighborhood, to all people, if we are to sincerely fulfill our destiny as a great international city. Mr. Dawkins, Commissioner, Miami is now approaching the end of the decay of the 1980's. During this period, there have been many positive experiences for the City administration. There also have been some negative ones. It is my hope that as we enter the decade of the 1990's, the City Commission, administration, and residents make a concerted effort to continue to increase the positives and eliminate all the negatives. It is only through our combined efforts that we will secure a place in history for Miami as a city. J. L. Plummer, say... Mayor Suarez: But wait, who's going to secure a place in history? Mr. Cruz: We, altogether. Mayor Suarez: Oh. Mr. Cruz: We, administration and people, right. See, today I come here in a positive way. Mayor Suarez: You've already secured a place in history. You've got the most numerous appearances at City Hall of anybody... Mr. Cruz: No, listen... no, this is a state of the neighborhood. Right? You make a "State of the City." I'm making a "State of the Neighborhood." Right. J. L. Plummer, listen I am about the only one that come here that got no interest, no lobby, I don't work for the zoning or anything. I am just the average taxpayer out there. 194 September 14, 1989 Mayor Suarez: kut wait a minute, now, the Post Master, I told theta to make sure you had to work every Thursday so you wouldn't be here. Mr. Cruz: No, I get a rotating day off. Make sure I get it today. Mayor Suarez: You always have Thursdays off. Something wrong there. Mr. Cruz: J.L. Plummer, Commissioner. For the past 18 years as a Commissioner for the City of Miami, I have watched Miami grow to become a small cosmopolitan City. Together, we can look forward for an even greater Miami, the City of Magic. And I don't know about Mrs. Range, but I got Rosario Kennedy here, say we must foster an understanding among all Miamians that the problem with this fast growing City share responsibility. Likewise, that it was ripped from its growth should be equally distributed. One other thing I got to say. For the first year, I got to say, congratulations really to the Parks Department, the work they've been doing are being helpful for many people. Mean, for long time, like I say, I was paying to the City of Hialeah to use the park because there was no park in my neighborhood. I mean, there was a park, but it was closed. So I pay $100 to the City of Hialeah as a non-resident to be able to use the parks and now I have a park. Mayor Suarez: I've seen you on Miami Beach too using their parks. Now you got to stop that. Mr. Cruz: Right. Now, we have a park with programs. No, the main thing. Mayor Suarez: That's true. Mr. Cruz: And we have to continue. Now... Mayor Suarez: What programs are they doing at your...? Mr. Cruz: Last year... Mayor Suarez: Which park are you talking about, Mariano? Mr. Cruz: Allapattah Comstock. Last year I mentioned about the part timers... Mayor Suarez: But that's not the only park in that neighborhood. Mr. Cruz: Well, but that's the... Mayor Suarez: What programs do they have there now? Mr. Cruz: Well, they got tennis, they got now a lot. Well, they got Curtis Park, they got Moore Park too. All of them, they got... Mayor Suarez: Yes. Mr. Cruz: Well, this is the smallest park there. And the only thing I will talk about is that we're looking in a way parity, I mean we're getting parity and equality with other neighborhoods. I mean, we're being treated fair. And, I get very... Mayor Suarez: We appreciate your statement to that effect. Let me just say, for the record, we have 110 parks in the City roughly so that's - just gives you an idea. Mr. Cruz: Right... Mayor Suarez: Now, a lot of them are mini parks, but... Mr. Cruz: Now that President Bush talks so much about everybody's on the bandwagon with crime, you know, the drug war - war on drugs and all of that, that's one of the forefronts, what the wars... We are on the trenches and the foxhole while some people are in the ivory towers, you know, and that's really what's going on. We are out there in the neighborhood and one main thing that we have to remember, have here some notes. Many of the problems that we have in the neighborhood are being caused by the neglect of the county and school board. See, in the county, they administered two thousand million dollars on the school board, two point one billion dollars. So it's a lot of money. And 195 September lk, 1989 know what happen, we have a lot of problem there, I mean, like we got the public housing. They don't take care of, they house people. They don't have anything there. You know, the county can't start using Chapter 17 being they own public housing there and that's true because they got and they got other problem there. They don't bother. They will people on the City have to serve the people with a parks program. And that's true and you know that. And they don't say - they don't do anything for the people there. Mr. Plummer: Give em hell. Mr. Cruz: They don't live there, they don't even go to Allapattah. They stay in the mental center there. Mr. Plummer: Give em hell. Mr. Cruz: Now, the problem like in Beckham Hall, Beckham Hall is a social problem there. You know, it is shelter, it's not a social problem. It's just a shelter program by the county and that's one little problem that we have in the neighborhood and that's a county problem. Because they don't want any in another neighborhood, they put it there. And that's Beckham Hall. I don't know how much money they win - they spend there. And you know one thing, I went the other day to Dade County budget hearing. Whenever somebody spoke, the people that were here today from Marti Theater, they were in there. People from Little Haiti and you know what the Commission asks, Steve Clark, even ? You live in the City of Miami, you live in the City of Miami. Why don't you go to the City and ask them? That's what they say and we pay taxes to the county! And we pay taxes... Mayor Suarez: It's roughly the same amount. Actually a little bit more, I think, to the county. Mr. Cruz: And you know, and that's true. I mean, so don't blame people administration, Cesar Odio, only got about two hundred, three hundred million to play when the county got two... Mayor Suarez: To play with! Mr. Cruz: Really! Mayor Suarez: That was a Freudian slip. OK, Mariano, thank you. Mr. Cruz: Yes, but... no, you don't cut these people. No, I have one.... (Laughter) Mr. Cruz: ...the administration. Oh, no, no, you got to listen... You have to listen because I say things that are truth and nobody... and they don't tell you. You know why? They don't tell it to Cesar because they afraid of losing their job or maybe they're afraid that Cesar will send to Timbuktu or some other place. You know, that's true. But I say that because you don't sign my check. Mayor Suarez: Are you saying I'm not fair? Are you... Mr. Cruz: Right. OK. Mayor Suarez: This is a special part of the Commission agenda where we enjoy ourselves. No... Mr. Cruz: No, no. Cesar had mentioned here and I go where he got that. It's a nice book, I don't know... good. I read it. Many of you don't read the book but I read it. You know, he goes here.._. Mayor Suarez: Some would say that most of us don't read the book. Mr. Cruz: No, improving of the parks and recreations system. One of the main things that is working this year is that you are making full timers of part timers that have improved the morale a lot of the employees in the park because I go to the parks, I check them, I talk to them. That's very, very important because you don't - people don't get paid... they don't pay their bill with education. They don't pay their bill making $4.50 an hour. They 196 September 14, 1989 pay their bill with money like you, me. All you got to make a decent salary. When peiip a make a decent salary, they put out a better effort because this is the tiame of the game here, money. You got to have money: Many employees there have a lot of - I don't know, maybe you can find more money and get tame more of the part timers or full timers like finally this year, after ten years... Mayor Suarez: Yes, I'm glad you said that. Mr. Crux: Finally, yes. Mayor Suarez: Finally. Yes. Mr. Cruz: We getting lights in the Allapattah Comstock, ten years, that's how long it took. But you know, we're not finished with that. Mayor Suarez: I thought you were going to talk about the permanent parks employees that were temporary for so many years. Mr. Cruz: We have, right - we need... Mayor Suarez: See Albert smiling after we finally got that. Mr. Cruz: Fine, no, he's doing a real good job there. Mr. Odio: We promoted 42 people. Mr. Cruz: Mr. Ruder is doing a real good job. Mr. Dawkins: And reported... and promoted them from within. Mayor Suarez: Yes. Mr. Dawkins: He did not go outside and bring no new people in. Mr. Cruz: Right, from within. Mr. Odio: Not one was brought from the outside. Mr. Cruz: Is the difference between Delta Airlines and Eastern Airlines, that's to promote from within, right? Eastern promote people from the outside. You know, you got it there. That's it. No, that's for the record, that's true. Mayor Suarez: OK, are you almost finished? Mr. Cruz: No. One thing now, we fought about ten... Mr. Plummer: Odio, if you put out that book next year, I'm going to shoot you. Mr. Cruz: ...ten years for the lights. Or now, since they're talking about equality, sharing problems and everything - share, we have to make sure we get the parity. Maybe, I don't know, maybe a smaller pool, not an Olympic pool or some pool there. You know? Sure, oh yes. Mayor Suarez: No, no, no, don't get into that, no, no, no, no. Mr. Cruz: Recreation room, oh yes. Mayor Suarez: We never had an Olympic pool and now we have one. Don't start asking us for many more Olympic pools. We don't have that many Olympic swimmers. Mr. Cruz: The fence around the park there... Mr. Dawkins: A weight room. Mr. Cruz: Sure... Mayor Suarez; Yes, a lot of people don't like fences around parks, but go ahead. 197 September 14, 1909 ;i Mr. Cruz: Well, that's it. We pay those taxes too and we send a lot of money to Washington and some of the money they come from the homeless. You know, we come from Washington, McKinney Act and all those names. No, McKinney. I send money to Washington a lot. No, it's important. It's a good change here, but, remember, it's a lot of people out there that didn't come here and some of _ them will start coming now, later, who knows? They, really the people that work and pay their taxes and here is one, like Osmandi. He works. He's a member of the Dominican community there, OK. He works in Bill Friendly Honda till five, six o'clock and I told him yesterday and he was able to make it here and maybe he's got a few words to tell you about. Mr. Osmandi Mateo: My name is Osmandi Mateo. I live in 2627 N.W. 30th Street. I'm here about the project of the park of recreation. The problem in the Allapattah Comstock Park is the City of Miami 1728 Street Hotel. It's a lot of people sleeping in the park. A lot of people destroy the park. It's a lot of time I talking about the park. The last year I'm assisting at tour meeting the Commission, the board of the park of recreation. Everytime I talk about the things, about the security in the park... Mayor Suarez: Let me say one thing about that, if I may. You know, for the benefit of the citizens that we are presently under lawsuit by a group that supports the homeless in our City. The one thing that we have told them in the effort to try to settle the lawsuit, because they say that we don't treat the homeless as fairly as they would like us to, the one thing that is not negotiable, one of the things that's not negotiable, is that we have to have the ability to regulate who is in our parks during the nighttime. It is something that is absolutely necessary for us because, otherwise, we cannot guarantee not only the security of other citizens, but their own security, and let alone, the maintenance and the upkeep of those parks and that we've always made clear to them. Hopefully, we can still settle the lawsuit on some other things that they think that we shouldn't be doing, rounding up homeless and so on, but certainly in the parks... Mr. Cruz: We know, remember that homeless is not the City of Miami problem, , it's a national problem. Mayor Suarez: It is a national problem, of course. Anything else you want to say about the security in the parks? Mr. Mateo: No, you don't have security in the park. The problem, last night, I count 22 people sleeping in the park. What's the City of Miami hotel? No, that's the park. Mr. Cruz: The overflow of Beckham Hall. That's it, the overflow Beckham Hall. Mr. Mateo: The people... Mayor Suarez: Let me ask you this, have you ever tried to offer to some of those the ability to go to the Miami Rescue Mission or any of the other shelters? Because some of them won't go. Mr. Cruz: The other day... Mayor Suarez: And I hope, Mariano, I hope you or he call me or any of the Commissioners, but I'll be happy to go out there myself... Mr. Cruz: I talked to Mr. Peabody about that problem. Mayor Suarez: ...and tell them they can't be there and offer to take them to - because I don't think the rescue mission, their new facility is even full right now. They have about 250 beds and that'll prove the point that some of them really do not want to have that shelter and we may have to be in a situation of forcing them. They cannot sleep in the parks. Mr. Mateo: It's a lot of problem. Mr. Cruz: You know, and then, caused by that... 198 September 14, 1989 Mayor Suarez: I know, we're in court on that issue, I know. We can put it on the record. We are in federal court on that issue, but we don't have to hide anything from anybody, we're sued from all sides. Mr. Cruz: On account of that, I got one of the few problem I have this year, a complaint, is about some , is important. Better to protect my property. May I consider maybe , they laugh when I call about the report because my wife has some plants in the front that gets stolen from people the crack or whatever, and then they stole three garbage cans, one right after the other. When I told the police officer, they come, because they didn't want to come for the report. I say you got to come because you failing to protect my property, maybe you failing to protect my life too. And I have army training, I have special force training. I don't want to use my guns or anything. I don't want to kill anybody for a garbage, can but if they get into my - inside my house, that's my castle. Then they got problems with me. But then the City of Miami got to protect my life and my property, the hell if it is a garbage can. So I want to commentation that what I call for a case number, yes, but, see, they felt... Mayor Suarez: Just don't get Miller Dawkins wound up on that about... Mr. Cruz: Well, now, that's true because that's - they failed to protect my property, they fail to protect my life too. And when I told the officer, Officer Eckert, I take names, she told me, you're not going to tell me - I say well, come you don't check the people with the pushcart. They're illegal, they're stolen carts because they don't have a market. They don't do anything. They stealing - from my neighbor they did worse, they broke into the man and took his tools. Now a tool, you make a living with your tools. Now carpenter, you make a living. And that's wrong. And most of that happened this year. Mayor Suarez: Well, I'm glad that you're able to get the police to respond to those kind of things. That is... Mr. Cruz: The overflow... the overflow of Beckham Hall and that's what's causing that. Mayor Suarez: In many cities, they would not respond to that kind of a thing. Mr. Cruz: And that's what happened that. Mayor Suarez: They stole your trash cans and stuff like that and plants. Mr. Cruz: Right, so you have to go to the county, next budget hearing the county is the 19th. You go there to the county and tell them that we citizens of Miami, we pay a lot of taxes to the county too and when you tell them to the county, they have to take action and get the... Mayor Suarez: Are you going on the 19th? Mr. Cruz: I go there too. I am there. I'll be there. Mr. Dawkins: Oh, well, let's authorize him to represent the City. Authorize him to represent the City. Mr. Cruz: You know, I told Steve Clark when he start putting all others... I said, Steve, me and you, we drink coffee in the Pub Restaurant. But here, decisions are made here. So you'd better listen to me. Because I work for the county too, I pay six hundred and some dollar in county taxes. Mayor Suarez: What time is the county hearing scheduled? Are they also after five? Mr. Cruz: The 19th. Mayor Suarez: Mano? Mr. Plummer: They've already had their first one. Mayor Suarez: The second hearing. Are they after five also? Mr. Cruz: After five and I think you... 199 September 14, 1989 ■ 11 • Mr. Plummers Yes, they have to be by law. Mr. Crust Cali 375-4888 and get in there. Call 375-4888 or 89 and you will get your name there. Mayor Suarez: Jeff, go ahead and get me on. Mr. Dawkins: OK, one statement, you know, we do not need, in my opinion, a pool at every park. Mr. Cruz: I know. Mr. Dawkins: But we do need to have some services at a park. Mr. Cruz: Recreation room. Mr. Dawkins: So, I would like for Comstock to tell us what to seek from the State of Florida that is to have a weight room or have something that we don't have at another park which will satisfy, I mean, a need at that... Mr. Cruz: One thing that happened in the neighborhood. The neighborhood is changing a lot because the old residents where Americans retired, they sell it. And you know who's buying? Dominicans, the Nicaraguans, the Cubans and Even now, Comstock school has to add a lot of - you go around there, portables and all of that of that, because there is no room for the children of the neighborhood. In my block, I count about 27 children, in my block alone. Twenty-seven children. Mayor Suarez: Let me ask about that. We made a request of the administration, I think planning or somebody, that we get some demographic data on the City's changing population. Have we gotten any of that back? I gather we have a large, larger - growing number of non -Cuban Hispanics in the City. Mr. Cruz: A lot of new people ...... Mr. Odio: No, we don't have that back yet, but we... Mayor Suarez: We have a growing number of non Cuban Hispanics in many parts of the City and that's what he was just alluding to. Mr. Odio: Yes, we do. Mayor Suarez: When are we going to get some statistical data on immigrants arriving in the City? Mr. Cruz: You got to go through Metro planning and wait for the 1990 census. You have all the numbers there, that's why we want everybody to register. Mayor Suarez: Yes, I was just hoping to get it before 1992. Mr. Cruz: Metro planning department will give you... Mayor Suarez: OK, thank you. Mr. Cruz: OK. Well, I hope - one thing I came here is really in a positive way. I got to tell the City Manager again, congratulations for a job well done and Albert Ruder, Department of Parks, congratulations too. Some other years, I have to start telling everybody all of that. But this year, I say, congratulations! Mayor Suarez: I just want to make you a bet. I made one with the Herald one time on the issue of potholes in the City and I could have lost it, I was foolish. Mr. Cruz: I found one. Mayor Suarez: You found one, I know. Mr. Cruz: I call it. Twelve and twenty. 200 Mayor Suarez: But, I bet you that you're not going to have 22 people sleeping in which park was it? Mr. Cruz: Allapattah Comstock. Mayor Suarez: And if you win, I'm going to treat you to dinner at B1 Pub, all right? And you call me when you see 22... Mr. Dawkins: El Cid. Mr. Cruz: Oh, no Go by the market. Mr. Dawkins: El Cid. Let him take you to E1 Cid. Mayor Suarez: You stay out of this. Mr. Cruz: Go by the Santa Clara station. Go by the Santa Clara told the Metro Commission, I tell that to the Metro Commission. You know. Mayor Suarez: We have a bet, we have a bet. It's not legal but we have a bet. Mr. Cruz: It's not the only place, I just tell. Mayor Suarez: All right, Reverend. Mr. Cruz: Thank you. Reverend W. Starkes: Name is Reverend Starkes... Mr. Cruz: OK, thanks. Rev. Starkes: ...co-chairman of the Concerned Citizens of Greater Miami. And I'm here to talk about the personnel budget, Fire Department. We've met with you back in June, July and you talked about setting up some workshop, which we did with the City Manager, and out of one of the workshops that we came up with, we have some positive thing that came up, and like brother Brad Brown, concerning one of our recommendation that you've been dealing with for quite a while and that's an affirmative action officer independent of the Fire Department. Now, I was just assured by the City Manager that it will be placed in the budget. But I'm a type of person that get a little annoyed at being having the water sprinkler turned on me and telling me the storm is coming. So I just want it, for the record, that this do be added in the budget for an outside person to handle this position, affirmative action officer, and one of our recommendation, I don't know, we passed it through Hattie Daniels to the City Manager, on our minutes of that last workshop and our recommendation, and if you don't have a copy, hopefully, we can get a copy to the Commission. But we would strongly suggest that this budget be implemented and that a person from the outside be hired to handle this particular portion of the Fire Department. It's kind of inconceivable that you would have an officer in charge of affirmative action that's a union paid member of the union, union especially, that constantly fights against affirmative action. So it's inconceivable that you can have an officer within the department that's going to fill and justly handle... Mayor Suarez: It would have to be definitely management, non union, obviously, you're right. Rev. Starkes: OK, we would also like to continue to monitor that process to make sure that it's implemented. Mayor Suarez: Absolutely. OK, anyone else? Mr. Ron Book: Mr. Mayor, briefly. Thank you. Mr. Mayor, for the record, my name is Ron Book from 2875 N.E. 191st Street, North Miami Beach, representing the Miami Sports Council, and the Greater Miami Chamber of Commerce. Briefly, I sent each of you a copy of a letter that I had addressed to Commissioner Plummer on Monday which was hand delivered to each of your offices in behalf of the Sports Council. Mayor Suarez: Who was your predecessor? prior chairman of that committee? Who was the person that was the 201 September 14, 1989 Mr. Books The chairman of the committee for the Sunshine State Games, which is why we are here, is Ramiro Ortiz from Sun Bank. Mayor Suarez: Oh, I thought there was a Sports Council of the Chamber. Mr. Book: The chairman of the Sports Council is Wendell Beard. Mayor Suarez: Still Wendell, OK. Mr. Book: Right. Wendell is chairman, myself, Ron Chase from Touche Ross, Ramiro Ortiz from Sun Banks, Nat Moore, serve as vice chairs of the Sports Council. Back in January, we set out, as one of our goals, to attract the Sunshine State Games to Dade County and to the City of Miami. A local organizing committee was put together involving people from the City of Miami, from Dade County and from the Chamber of Commerce, the TDC and VCA to put together a bid to attract the games to our community. An extensive presentation was made, we met back in March with Commissioner Plummer so that someone from the Commission was involved in our effort. He said, come back when you have a bid. Now, we did. We were successful in persuading the Governor's Council on Physical Fitness in Sports to award our community the Sunshine State Games. Mayor Suarez: What year? Mr. Book: The games will be held in July of 1990. The total cost of putting on the games in our community is $528,000. Of that, the state has already committed a minimum of $150,000. To date, we have already banked a little over $65,000 and other private contributions including a commitment from the Sports Authority for $25,000. What we are trying to do now, between Dade County and the City of Miami and the TDC, is come up with some of the additional funds needed to put on the games. Some of that is in the form of requests for cash dollars from the City and the County and the TDC and some of it will come in the form of a request at a later date for some in -kind contributions. There will be 15,000 athletes coming to our community from outside of the Dade County borders. There are 3,000 athletes that will be participating from Dade County. A significant number of the participants in the Sunshine State Games in the ten previous years have come from our... Mayor Suarez: How are we doing with the GMVCB? Mr. Book: Pardon me? Mayor Suarez: How are we doing with the Greater Miami Visitor Convention Bureau, as far as their support? Mr. Book: They have been involved in an integral way and they are coming forward with dollars... Mayor Suarez: Money, money, money, how much are they giving? Mr. Book: How much total dollars, I cannot tell you how much they're going to give us at this point. What our request... Mayor Suarez: I would strongly suggest that you would get something from them before you come to get anything - expect to get anything from us. But Commissioner Plummer may have another suggestion. Mr. Plummer: What I'm going to suggest, Mr. Mayor, because we're on the hook, you all appointed me to sit with them and I did. Their request, I think, is fair for the City's portion and I would make a motion at this time that $50,000 in a combination of cash and in -kind be developed at the discretion of the Manager, not to exceed a total cost of fifty. I would so offer that in the form of a motion. Mayor Suarez: Well, the problem is that... Mr. Odio: Let me see, if I work there full time, that's the $50,000. Mayor Suarez: You can use it all up with in -kind. Mr. Plummer: Well, that's - it's your discretion. 202 September 14, 1989 M Mr. Booki The in -kinds are significant. Mayor Suarez: The problem is that we have other things. We have the national conventions of the two parties. I know the Democratic National Convention people are seeking our involvement and we are, in fact, also quote, unquote, on the hook for that. We'd love to have the convention here. Mr. Plummer: That's no in 190 though, is it? Mayor Suarez: No, no, it's 192. But a lot of these things require funding. How about host committee money? Mr. Plummer: Well, Mr. Mayor, all I could say to you is, when you ask me sit with these people, it was an indication to myself that you did want to be a participant in this situation. Mayor Suarez: And we figured that your time is so valuable that already in in -kind services, we're probably up to about $50,000. Mr. Plummer: I would love to believe that. Mr. Book: Mr. Mayor. More than half of the events are being held within the boundaries of the City of Miami. Mr. Plummer: So you... a lot of in -kind. Mayor Suarez: In what facilities? The Orange Bowl, Miami Stadium? Mr. Book: Those are some of them. For example, the opening ceremonies which will be televised statewide on the Sunshine Network, are going to be held in the Orange Bowl. They are being put on by the Orange Bowl Committee and the Orange Bowl Committee staff. As an example, this is a signif... Mayor Suarez: Yes, for example, a good in -kind there or waiver, if you wish, would be the rent waiver and... Mr. Book: Well, I think that's what Commissioner Plummer is getting to is that we would do that. Mayor Suarez: If the motion was intended to be basically as much in -kind as possible and as little cash as possible. Mr. Plummer: That's up to the Manager, I'm leaving it to his discretion. Mayor Suarez: But I would not be in a position at this time, unless the rest of the Commission wants to go that way, to vote on a particular cash allocation because we just don't have it. But if you want to frame a motion that says, up to fifty thousand in mostly in -kind and he has discretion for $4,500 cash anyhow, but if it gets much higher than that, I'd like to know about it. Mr. Book: I'll be very honest with you, Mr. Mayor, the in -kind request from the City, our in -kind number, is going to be in the $40,000 range. Mr. Plummer: So that's fine. Mr. Book: I can tell you that right now and the majority of that request was going to be in the way of fee waivers. Mayor Suarez: And facilities, right. Mr. Plummer: Not - all right, not to exceed $50,000 in total of which forty will be in -kind and no more than ten would be in hard cash. Is that agreeable? Is that what you want? I so move. Mr. De Yurre: Second. Mayor Suarez: Moved and seconded. Any further discussion? If not, please call the roll. Mr. Odio: Enterprise Fund. 203 September 14, 1989 Mr, Plumort `that? Mayor Suarez: Enterprise funds, yes. To the extent that we can get it ffft enterprise funds, yes, that would be excellent. That way, we don't have to dip into the general operating budget. Mr. Jorge Fernandezt This is a resolution. This is a resolution. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-829 A RESOLUTION DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $50,000 TO THE SUNSHINE STATE GAMES; $10,000 IN CASH AND $40,000 IN KIND 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. Mr. Book: Thank you very much. We appreciate it very much. Mayor Suarez: OK, anything further? If not, I'll entertain a motion on the whatever it is we're voting on. The budget itself, Mano? Mr. Plummer: There was a gentleman, Mr. Sawyer. Did he leave? Matty, he put in a card to you to be heard. Ms. Hirai: Yes, sir, I have a card. Mr. Plummer: Is it Buzz - what's his full name? Mr. Dawkins: Buzz Sawyer. Mr. Plummer: Buzz Sawyer. Is he here? Ms. Hirai: No, the card I have is for Bruce Edward Lowe. Mr. Plummer: Is Mr. Lowe here? Mr. Bruce Lowe: Yes, I am, I'm here. Mr. Plummer: You want to come up and make your presentation. You asked for that privilege, sir. Mr. Lowe: Yes, sir, I'd appreciate that. Mayor Suarez: As you do that, let me announce, or ask if anyone related to Mrs. Nadine Eppic, E-P-P-I-C, is here. Someone who requested of Commissioner Range to have an item heard on an emergency basis having to do with Morningside neighborhood related to the impact of street barricades. And my question of the administration is, when, in fact, do we intend to debate the issue of barricades in Morningside? I know it's coming up, I just don't remember when. OK, anybody know? Mr. Plummer: I don't. Mr. Dawkins: No, I don't know. 204 e Mayor Suareat Public Works? Our well dressed director of Public Works? Mr. Luis Prieto: Mr. Mayor, what we have is two large groups that have conflicting requests on the department... Mayor Suarez: I know all of that. When are we supposed to be getting to this discussion on the Commission agenda if we have it scheduled? Mr. Prieto: September 28th, sir. Mayor Suarez: Two weeks from now, we're going to have a public hearing on this issue. We assume that there's going to be two very large and organized groups. One is in favor and one is against in case you're wondering. And... Mr. Plummer: It's just about evenly matched. Mayor Suarez: Yes, it's just about even in their numbers. It's going to be quite a discussion and I think that would be the appropriate time because we probably wouldn't get to hear you today on this anyhow. We've got to finish our budget. Mr. Bruce Lowe: Mr. Mayor... Mayor Suarez: Twenty-eighth, it's exactly two weeks from now. Mr. Dawkins: Sir, pull the mike up, sir. Mayor Suarez: September 28th. Are we sure on that, Dr. Prieto? Mr. Prieto: Sir, I haven't seen the list. We requested it for that time. Mayor Suarez: We're going to clarify and make sure that you've got the right, if it's in October, we ought to let you know so you don't come back on September 28th. Is that all right, Commissioner? Ms. Range: Yes. Mayor Suarez: Go ahead, sir, proceed. Mr. Lowe: Mr. Mayor, Commission members, my name is Bruce Lowe and spelled L- O-W-E. I'm an assistant United States Attorney here in the Southern District of Florida. I appear here personally as a parent and not in conjunction with my business. But my business is located at 155 S. Miami Avenue here in the City of Miami. I am here on behalf of the Florida Wave, approximately a one hundred and twenty group drum and bugle corps of youngsters that need help in raising funds for their representation of South Florida in their endeavors. These are youngsters who come from all over Dade County and Broward County, primarily Dade County, who are committed, who are good students, who are drug free and who represent South Florida in 30 different states throughout this country in drum and bugle corps competitions beginning next year in June and lasting through and including August of 1990. They need funds for buses on the road, they need funds for musical instruments, they need funds for teaching, they need funds for feeding. These are the kids you don't hear about, these are the kids that are not the drug problems, these are the kids from South Florida that have committed themselves to bettering themselves. We've got them from age 14 all the way to age 20. We've got them with all races, creeds, colors and national origins. They are the people that represent you in the sense that when they leave Miami to go out and present their music to the country, they go out of here as the Florida Wave. On two prior occasions, you have granted funds to them when your budget was, I imagine, a little bit fatter and you had some more room to maneuver. Mr. Plummer: Mr. Lowe, let me make a suggestion to you, sir. As you and I talked earlier, you're not prepared with your funding request today. I would suggest that you get your funding request together with a budget for the administration and be back here at the second hearing which is on the 28th. Mr. Lowe: Yes, sir. Mr. Plummer: And then, I think, you know, you've made your plea here today, back it up with a documentation to the administration and the budget 205 September 14, 19$9 department, and then we can deal with it on the 28th and, hopefully, we might be able to help. Mayor Suarez: It's a drum and bugle corps. Mr. Plummer: The Miami Wave, the old Miami drum and bugle corps. Mr. Lowe: It used to be called... it's sixty years in operation. It used to be called the Florida Vanguard. Mayor Suarez: OK, and what is the function they're having? Mr. Plummer: They're not having a function, they're have... Mayor Suarez: What is the ...? Mr. Plummer: What they're doing is, during next summer they are going and represent this City in 30 different states in the United States as the Miami Drum and Bugle Corps, representing this City, and they're asking for funding. Mayor Suarez: OK. I'll tell you, it would be very, very difficult for this person to vote in favor of any funding for that because it just isn't within our obligations in any way and it's not even close. But it would be totally impossible, unless you give me some sort of a list that those of your members who are citizens of the City of Miami or at least an accounting of how many. Mr. Lowe: I'll be happy to do that. Mayor Suarez: If you have some that live in the City of Miami? You know, that gives us an additional incentive to try to figure out something with a private contributions or something. But it really doesn't fit within what we do and I guess you're sort of right in implying that because they deal with kids who are not having particular problems, that we don't have that much to offer. We don't even have anything to offer to the ones who are having problems. We don't have social services here. We get federal funds and you've heard us allocate some of it to certain programs. But they are funds that we get from the federal government earmarked for certain things. Our general operating budget, which is what we're discussing today, does not provide one penny or even a definition of ability to spend money on that kind of thing, but if you want to come back, in any event, maybe the other Commissioners feel otherwise. Mr. Lowe: Be happy to, Mayor, and I appreciate your comments. Most of our kids are from Miami and point is this, I say to you and the Commission, I say, say yes to kids that said no. Mayor Suarez: And by the way, that all of what I said does not apply to private contributions and, you know, we can certainly help you with that. Mr. Lowe: Thank you, Mayor. 67. FIRST READING ORDINANCE: Define and designate territorial limits of the City of Miami - Fix millage and levy taxes (Fiscal Year 1989-90). Mayor Suarez: OK, if there's no one else who wishes to make a public comment in this public hearing, I'll entertain a motion on the budget. On whatever it is we're moving. Mr. Fernandez: Well that's... on item 46, that was an item for discussion, now you must pass on to item 47 which is the first reading of the ordinance. Mayor Suarez: That's what I'm talking about. I'll entertain a motion on the ordinance. Do we need to say anything else on it before we entertain a motion? Mr. Fernandez: No, it's the first of two ordinances that... Mayor Suarez: OK. 206 September 14, 1989 Mr. r#k naiidez t .. , tombina the budget. Mayor guaree3 1411 entertain a motion On it. Mr. bawkifidt This got to do with the millaga7 Mr. Odio: This is 47. Mr. Fernandez: Forty-seven. Mr. Manohar Surana: This is the millage ordinance. Mr. Odios Forty-seven, Miller. Mr. Dawkins: OK, Mr. Mayor, I'd like to - I think, what was the millage we put tentatively? Mr. Odio: The general operating budget mill... Mr. Dawkins: For the debt service, debt service. Mr. Odio:- Two point five, three, three, seven. Mr. Dawkins: I'd like to see that it remain what it was last year and not raise it, go back to 2.3381. Mr. Odio: Yes, sir. Mayor Suarez: We can do that and still meet the obligations of the City, Mano? Mr. Odio: Yes, sir. Mayor Suarez: Very good. Building that modification into your motion as to - does the motion include both the debt service millage rate and operating millage rate at this point? Mr. Surana: Yes, yes... Mayor Suarez: Can we do it together? Mr. Surana: Yes, sir. Mr. Odio: Yes, sir. Mayor Suarez: Great. So we're back to exactly the same millage rate as year then. o``_' Mr. Pluteeert Vhat is the IaillagOt Mr, Odio: The millage is general operating budget.590, debt service 4 militia is 2.3391, which makes it exactly the same millage we had this year, Mr& Dawkins: No, for maintenance, we reduced the tentative one. We kept it at the same thing as it was last year. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dawkins: Yes, we've reduced it... Mayor Suarez: We've reduced it from what we first voted, Mr. Vice Mayor, but we reduced it back to the same level that it was last year on the debt service. Mr. Odio: Yea, sir. Mayor Suarez: OK, we have a motion. Do we have a second? Mr. Plummer: For fixing of the millage, I'll second the motion. Mayor Suarez: Seconded. Any discussion? If not, read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1989, AND ENDING SEPTEMBER 30, 1989; CONTAINING 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. Mr. Dawkins: Mr. Manager. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: By putting it - the millage debt service millage service in it, 2.3381 instead of what we had, what approximately - what savings is that to the taxpayers? Mr. Odio: Approximately two million dollars. Mr. Dawkins: Thank you. Mayor Suarez; One other question as long as we're asking the kinds of questions, we'd like to just put it on the record like that one. Do you know, off the top of your head, any jurisdictions in this county that are going to maintain the same tax rate or reduce? Mr. Odio; To my knowledge, they all went substantially up. Mayor Suarez; OK, thank you. S 200 September 14,�8 68. (Continued Discussion) PUBLIC APOLOGY BY MEMBER OF COMMISSION CLARIFYING PRIOR STATEMENT CONCERNING SOUTHEAST BANK (See Label 49). Mr. Dawkins: Mr. Mayor, I have a... Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I'd ask a point of special privilege. Mayor Suarez: Go ahead, proceed. Mr. Dawkins: This morning, through information given to me, I erroneously raked Southeast Bank over the coal and asked that they come here to do something - account for something that's not true. Since reading a memo, I'd like to apologize to them publicly and say that they did fund the project. They did offer to fund the project, and I will be writing a letter personally to them telling them that it's not necessary to come down here to defend something that's not true. So, thank you. Mayor Suarez: OK, as Commissioner Dawkins has pointed out, the letter that they provided seems to be a commitment, it has some new terms, but superficially, at least, they may not be so difficult to meet that it would warrant the kinds of statements that we previously made. So, I might still be a good idea to have any of their officials here because this loan is still far from being completed and I don't know if that letter is going to be enough for the UDAG grant that they need. OK, thank you, Commissioner. 69. (A) DIRECT MANAGER TO ALLOCATE $300,000 FOR FIVE YEARS AS CITY'S SHARE TOWARD CONSTRUCTION OF JACKSON MEMORIAL HOSPITAL TRAUMA CENTER, with proviso. (B) FIRST READING ORDINANCE: Establish City of Miami appropriations for Fiscal Year 1989-90. ------------------------------------ ----------------------------------------- Mayor Suarez: Item 48. First reading, the appropriations fiscal year ending September 30, 1990, I'll entertain a motion on the appropriations. Mr. Plummer: Get a motion out of me is to deny. Mr. Dawkins: Forty-eight? Forty-seven, forty-eight? This 48, Mr. Mayor? Mayor Suarez: Yes. Moved by the Vice Mayor. Do we have a built in provision on line item changes or have we done that by separate resolution or ordinance? Mr. Odio: You did that last year and that remains in place. Mayor Suarez: That remains in place. What is it? - any changes in excess of five thousand or something? Mr. Odio: We didn't have any - 50 thousand. Mayor Suarez: Fifty thousand. Mr. Plummer: All right, let me bring up at this time, Mr. Mayor. Mayor Suarez: Would you second for discussion at least so we have a... Mr. Plummer: Yes, for discussion, I'm voting against the motion, but for discussion, I'll - Mr. Mayor, I brought up the subject before and I think each member of this Commission has been broached on the subject by the Public Health Trust of Jackson Hospital. They are in desperate need of funds to build a trauma center. They have come up with a formula which I think has some fairness and that is, based on the population of a City, they are asking "X" number of dollars. From the determination made, they are looking for this City of a contribution of $300,000 a year for five years. I cannot think of 209 September 14, 1989 one single item that is more important to this community that each one of us could be unfortunately in need of than a trauma center and as we have seem, all of the private hospitals, because of liability and other problems have said, "Hey, we're not going to do it any more and Jackson is the one. Now, I'm well aware that there's a Public Health Trust Fund, but I'm also aware that they're $30,000,000 in deficit, and I, just for one, will make a motion that this City if, in fact, it is determined that $300,000 is a fair and equitable formula for this City, in comparison to the other cities, I am prepared, right not, to make this motion that we make our contribution, our commitment this year and for the next five years to live up to that commitment, and if it's appropriate at this particular time, Mr. Mayor, I am making a motion that this City lend its credence to the need and to the desire of the citizens of this community that we contribute three hundred - not to exceed $300,000 per year for the five years assuming that the other cities pick up the same obligation for a trauma center in Jackson Memorial Hospital. If I'm in order, I so move, Mr. Mayor. Mayor Suarez: So moved. Ms. Range: Mr. Mayor, I have... Mayor Suarez: Commissioner Range. Ms. Range: ...am in agreement with Commissioner Plummer and I second that motion. Mayor Suarez: Seconded. Are you indicating, Commissioner Plummer, because of your first statement that you would vote against the first reading of the ordinance on appropriations, that if this passes, would make you vote for the first... Mr. Plummer: Mr. Mayor, I have other problems which I have expressed with the budget and I hope we're going to be able to get into it. I have some very serious problems with the Police budget. And if we can get in and resolve those problems... Mayor Suarez: Do you think it's excessive? Mr. Plummer: I'm not saying it's excessive, I don't think it's efficient. Mayor Suarez: And yet, you're proposing, with this motion, that we take $300,000 that might otherwise go to the Police Department or any other part of the budget. Mr. Plummer: No, sir, I... Mayor Suarez: You think this is so important that you want to make a separate motion for it. Mr. Plummer: Sir, whatever is appropriate in the manner in which it is to be done, that is what I was asking. Whether it's appropriations at this particular time... Mayor Suarez: All right. Let me inquire then. Mr. Plummer: Whether it comes from Community Development or wherever we can get the money from. Mayor Suarez: Is this money supposed to be for operations or for the building and the capital improvement here? Mr. Plummer: It is to build a trauma center. Mayor Suarez: OK, if it was for capital improvement, one would think this might be able to come out of Community Development bloc grant monies from the economic development side. Mr. Plummer: Mr. Mayor, if that's the case, God bless them. OK? All I'm saying... Mayor Suarez: Because operating monies of the City of our budget, if that was the intention of your motion, since we're doing appropriations from the 210 September 14, 1989 operating budget of the City, to spend for the trauma center as important as it is, and people should know that - at least the estimates I have - is that one half of all the people treated at Jackson Memorial are, in fact, Miami citizens and residents. Also, I know that all the Commission has made Jackson Memorial one of our principal lobbying items in both the legislature in the State of Florida and in the federal government. And in my own particular case, it's always my number one priority, even though it's not a City agency. But, I just don't see how we could take $300,000 from the operating budget for this. If you wanted to reflect a motion of intent to try to take CDBG monies or other federal funds that go through the City for this use, I'd certainly be able to support it. Mr. Plummer: Mr. Mayor, I am not trying to author where the funds come from, OK? But, you know, I guess I got to say it. If we can spend two million dollars to buy the Camillus House, and we're talking about a million and a half for a trauma center, there's no comparison, in my mind, as to which is most important. Now, we found the money to buy that, we found the money to buy... Mayor Suarez: In fact, it was CDBG monies, by the way. Mr. Plummer: OK, Mr. Mayor, it's immaterial to me where the monies are going to come from, If you can get them out of Community Development, great. But I want to make a commitment on behalf of this City, through this Commission right now, that wherever they come from, that we're going to live up to our portion of the obligation, and if it's through budget, fine, wherever it can be found. Mr. Jorge L. Fernandez: Mr. Mayor. Point of order. If what Commissioner Plummer intends to pass is a resolution, we need a specific source of allocating funds. Mayor Suarez: Yes, that's what I was hinting at. I really would hate to just pass it and imply that it's going to come out of the general operating budget. I wouldn't be able to vote for it in that case. Mr. Plummer: Well, do you want to make a commitment at this time? I'm willing to. Mayor Suarez: Yes, I would make a commitment in principle. We did that, for example, for the... Mr. Plummer: I'll make a motion at this time that this City... Mayor Suarez: The "Planned Process," remember the "Planned Process," economic development plan, and that we found the funds, but not from general operating budget. Mr. Plummer: All right. I'll make a motion at this time that this City realizes its obligation and commitment and will find the funds to support our portion of the formula of cost factors relating to the trauma center proposed to be built at Jackson Hospital. I so move. Ms. Range: Do you need a second on that? Mayor Suarez: OK, so you're restating the motion... Mr. Plummer: Yes, sir. Mayor Suarez: ...in principle, as opposed to without - with specific allocation. OK. Mr. Fernandez: Yes. Ms. Range: All right, so I'll second it. Mr. De Yurre: Do we have a second? Mayor Suarez: Yes. Mr. De Yurre: OK, for discussion. I'd go along with it provided that we're supposed to be paying our proportionate share... 211 September 14, 1989 Mr. Plummer: I said that. Mr. De Yurre: That included in that proportionate share, when you're breaking down the pie, that the county is treated pretty much as a municipality. Mr. Plummer: No question. Mr. De Yurre: Picking up their percentage and that before we give out a penny, that everybody is in the pot. Mr. Plummer: I said that also. Victor, let me tell you one of the things that the Mayor started to say and didn't finish. That fifty percent of the patients who go to that trauma center come from the City of Miami. The other important factor of 80 percent of those people that go there that are welfare cases are from the City of Miami. Mayor Suarez: Yes, a huge percentage. Mr. Dawkins: OK, I'm with the motion, OK. And I'm with the motion, see, because we are forgetting the most important thing, I think, talking about trauma, every time you look, a child is born to a crack addicted mother and the child is in a state of trauma, and we do not have any place in Dade County to treat these babies, and they assured me that in this trauma center, there will be a maternity ward to deal specifically with these babies. So, I'm like J.L. Wherever it has to come from, find it. Mayor Suarez: Moved and seconded. Any further discussion? If not, please call the roll on that particular motion. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-830 A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING THE CONCEPT OF A NEW TRAUMA CENTER TO BE BUILT ON THE GROUNDS OF JACKSON MEMORIAL HOSPITAL; FURTHER, PLEDGING, IN PRINCIPLE AND SUBJECT TO CERTAIN CONDITIONS STATED HEREIN, THE CITY'S CONTRIBUTION IN THE AMOUNT OF $300,000 PER YEAR FOR THE NEXT FIVE YEARS IN SUPPORT OF SAID CENTER. (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. Mayor Suarez: Now, we have a motion and we did get a second on the appropriations. Any discussion on that? Mr. Plummer: Mr. Mayor, I have expressed for the record of my problems existing with the Police Department, and I'm once again going to put them on the record. This Commission is in power to set policy. That of the administration -and I differ, and that's nothing wrong with that. They have their ideas and I have mine. I have the phone calls and you have the phone calls. As I said the other day in the budget workshop, we're at war, and with war you have to divert and reassemble your troops to fight the war. I cannot sit here any longer doing business as usual getting the results as usual. I had a man call my office yesterday who has had his store broken into in the last twelve months, 91 times and been robbed in the last - since January the 212 September 14, 1989 lot, robbed four times. Now, I have stated for the record as long as I sit in this position, we need to go back to basics, and I think that we are long overdue that we can no longer, we can no longer afford the luxuries that we are building into these budgets. .I don't want to sit here and go through a - whole litany, but as long as we have programs that, in my estimation, are not directly related to crime fighting, I've got a problem, and I'm going to continue to have a problem. I'm saying that we need to get at least 50 policemen out of that police station and on the street. That takes civilians to go in and do the job. I am willing to reassemble this budget to up to a million dollars to take and put civilians in that Police Department where we can instantly put 50 policemen out on the street. Mr. Manager, it is your duty to find the money. Mayor Suarez: OK, you were saying that you would do it by quote, unquote, reassembling, meaning within the same total budget but by reallocating... Mr. Plummer: I said that. I have no problem with the total dollars. My problem is that I don't think that we are taking and diverting the troops where they're needed. Mayor Suarez: Mr. Manager, let me, along the same lines, ask this question. A long time ago, the last time I looked at the department, there were so many units, separate units, each one with a director. Now, sometime ago, when I last looked at the organizational chart, and I recognized the Chiefs efforts to decentralize the Police Department and get them out in the community through ministations and substations, there were times when I know people in the department were opposed to that, and I think that that has led to what - the changes have led to what Commissioner Plummer's referring to, getting police out on the streets doing crimefighting. And I appreciate that greatly, I think it's improved the situation a great deal. However, there were so many units in the department, I once sent a memo - I don't know if I copied you with it - but it suggested that we ought to have only two departments in the entire Police Department, two divisions; investigative and patrol. Which I think are the two basic ones. And anything should flow into those two and instead, we have a very complex organizational chart which means we have a lot of heads of units and a lot of... maybe people are doing a lot of different jobs. You know, if you wear ten different hats, that's fine, I mean, the organizational structure does not have to determine how many high paid non street type officers we have. Have you tried to work with the Chief and simplify the department to reduce, to the extent possible, high level supervisory personnel and put as many officers in the street as you possibly can under the circumstances? Mr. Odio: Well, I won't say that we're perfect, but I will say this, that when we took over the Police Department, they had 45, and I say 45, people above the rank of captain... Mr. Plummer: Top end. Mr. Odio: ...we got sixteen left and that's... Mayor Suarez: And the Police Department has increased - the total personnel have increased from 980 or so, whatever it was, 9507 Mr. Odio: We got now, finally, broke the 1100 number. I believe we have now, 1114 police officers for the first time ever in the history of the City. Plus, a hundred PSA's that we will have in place by the end of this month. Mayor Suarez: OK, I know Commissioner Plummer's also concerned about that aspect of it, how... Mr. Odio: Mr. Mayor, to answer your question, I went to that Police Department about three weeks ago and I walked every single office in that place, person by person. And I found that, for instance, one unit had been totally eliminated. Mayor Suarez: Which was that? Mr. Odio: What did you call that thing? Chief Perry Anderson: In addressing Commissioner Plummer's concerns... 213 September 14, 1989 Mr. Plummer: Oh, I haven't started really yet. Chief Anderson: Well, I want to help you in some of the means and ways that you've already started. We have reduced the Police Department with administrative staff. We're down to sixteen now. We are also in the process of continuously realigning our manpower, our command staff, our supervisory staff. Currently, we're looking at our command staff, reducing some of the areas that are civil service ranks. We have streamlined our supervision, but of course, we have to be accountable to this City and provide adequate supervision. I think that we have demonstrated to the Commission and demonstrated to this community that we have, and will continue to look at our resources. It doesn't mean anything to me to have police officers sitting inside the station. I want those people out. We've been doing that, of course, as a responsible manager and a responsible police chief, I dc:?'t want to traumatize the Police Department to an extent where I have a morale problem or other conditions that are within. We ask the Commission to continue to demonstrate trust in me by allowing me to bring about a very efficient, streamlined, basic service Police Department. We've been doing that. I have only been in office for one year. During that one year, we have made tremendous strides. If you look at our budget at this particular time, without any increases in the budget, the budget is at only 3 percent increase in the budget. The budget is only at $77.4 million dollars. We're working within the constraints, I think last year we were mandated by the Commission to go through a hiring procedure. We've gone through that hiring procedure, we've met that mandate. We were also given a mandate by the Commission to hire 100 PSAs. Currently, at this particular time, we have met that mandate. We're in the process of looking at other areas. We're in the process - 88 percent of the PSAs that you have allocated, Commissioner Plummer, during the last budget process, will be utilized for operational purposes. We have assigned twelve of those PSA's who will be taking in 40 percent of the reports for the station, who will be working, would allow our police officers to work more efficiently and proficiently on the streets. Mayor Suarez: Chief, on the PSAs, I know they respond to car accidents a lot and write up those reports and that's a very efficient way of handling it. Do they have the automobiles necessary to do that? I understand they're riding in twos sometimes when they could... Chief Anderson: No, no... Mr. Odio: No, we were short twenty... Mayor Suarez: This was just a couple of weeks ago, and I want to make sure it's been remedied. Mr. Odio: We ordered twenty cars when we did an inventory about two weeks... Chief Anderson: Yes, yes. Mr. Odio: ...and we went ahead and got 20 cars so that they can be all out. Mayor Suarez: They're on line already? Chief Anderson: They will be on line. Mr. Odio: They will be, we have to buy them. Mr. Plummer: Mr. Mayor... Mayor Suarez: I just asked if they're on line already? - and, if not, when will they be on line? Mr. Odio: I said they will be on line when we get them delivered. Mayor Suarez: Which is when? Mr. Odio: I don't know how long it takes to get cars delivered but, hopefully, within 60 days. Mr. Plummer: Mr. Mayor... Mayor Suarez: Commissioner Plummer. 214 September 14, 1989 Mr, Flunroer: Chief, I went through this scenario, but I've got to do it again. by problem is the very extreme difficulty we have in getting a sworn offioer to the street. The rules and the regulations, the schooling and everything that we have to do. For example, how many police officers do we have doing nothing but administering a burglar alarm ordinance? Chief Anderson: I think I told you that at the last budget hearing. I think the number is approximately four; one supervisor and three men. Mr. Plummer: And for the life of me, I cannot understand why we've got to have sworn officers administering a burglar alarm ordinance. Chief Anderson: Well, one of the things... Mr. Plummer: How many - no, let me go through it. How many sworn officers do you have in report processing? Chief Anderson: In report processing? Mr. Plummer: Right. Chief Anderson: I think one. Mr. Plummer: I think you have eleven. You've reduced it? Chief Anderson: One. One. Chief March: One - Fire and report processing, and we have one in report review and he's limited duty. Mayor Suarez: Chief March, why don't you use the mike whenever you're going to make a statement, please. Mr. Plummer: How many officers do you have in court liaison which is an administrative procedure? Chief Anderson: I think we have four. Chief March: Right. Chief Anderson: Four. Mr. Plummer: How many policemen do you have in the property bureau? Chief Anderson: We could go through this all day long, but if you... Mr. Plummer: Well, that's the point I'm trying to make. That's where we have a disagreement. Chief Anderson: No, no, no, no, no. That's not the point. The point is, is that... Mayor Suarez: But let's get an answer to the question, Chief, of how many we have in the property room? Mr. Plummer: Can I get an answer? Chief Anderson: Thirteen. Mr. Plummer: Thirteen in the property bureau. Mayor Suarez: That's not shifts, but that's the total number that are assigned to all the shifts? Chief Anderson: Yes. Mr. Plummer: Yes, of course, that's thirteen sworn officers that are there. How many do you have in prisoner processing? Mayor Suarez: Well, you're not implying that you would have anything other than sworn police officers doing that. 215 September 14, 1989 Mr. piummer: We are the only... Chief Anderson: One a shift. Mr. Plummer: How many men? Chief Anderson: Three. Mr. Plummer: Three. Mayor Suarez: Officers. Mr. Plummer: In prisoner processing? One sworn officer per? Chief Anderson: Yes. Mr. Plummer: OK. The point is, Mr. Mayor, in prisoner processing, we are the only municipality in Dade County that doubles prisoner processing. Every other municipality takes their prisoners directly to Dade County jail and they're processed there. Our prisoners are taken to our jail, processed and then again at the county they're processed. Chief Anderson: We're the... Mr. Plummer: How many do you have in marine patrol? Mayor Suarez: Well, by the way, I presume on the other one that we try to take as many as we can directly and... Mr. Plummer: No, none of them. All of our prisoners are processed first through us as a duplication. — Chief Anderson: Seven. Mr. Plummer: OK. How many do we have in marine patrol? Chief Anderson: Seven. Mr. Plummer: It was sixteen. It's been reduced, OK. Chief Anderson: I cut that. Mr. Plummer: The responsibility for marine patrol is Dade County. We... Chief Anderson: The responsibility for the marine patrol, when we have the river and the responsibility of so much water surrounding the City of Miami is a responsibility of the City of Miami. Mr. Plummer: Mr. Mayor, I could continue this litany and I'm not going to do it. My objection... Mayor Suarez: Well, wait, one more, if I may add, how about PIO (Public Information Office)? How are we doing in reducing that? Chief Anderson: I have reduced that. I have, I think, three police officers assigned there. I had... Mayor Suarez: What was the highest, Chief, before you took over? Chief Anderson: I had a manager there... Mayor Suarez: Didn't it get up to about eight at one point? Chief Anderson: Yes. Mayor Suarez: Six, seven, eight? Chief Anderson: Yes. Now I have three and... Mr. Odio: May I add... 216 Chief Anderson: ...and a sergeant supervising it. Mayor Suarez: OK, I say that to reflect the correct trend that you've been engaging in. Chief Anderson: Yes. Mr. Odio: May... Chief Anderson: Thank you. Mr. Plummer: How many in a boxing program? Chief Anderson: Three. Mr. Plummer: You see, the point I'm trying to make, Mr. Mayor, is that we can replace these sworn officers with civilians and put the sworn officers back out on the street. Mr. Odio: Commissioner, there are forty... j Mr. Plummer: It is important that that be done, in my estimation. Now, you } know, I can go through everyone of the units that they have in the Police Department. The horse patrol, the mounted, they're a great public relations. But, basically, they're not out there enforcing the laws. They are extremely limited to what they can do. They can't go chasing a burglar as such. You know, I'm saying that once we get this war under control, then you want to afford these luxury programs as I see them, so be it. But let me tell you, when you... Mayor Suarez: I know one situation where mounted police are extremely —1 effective. Mr. Odio: Very effective. Mayor Suarez: One situation is riot control. Because they're not... Mr. Plummer: Hey, in riot control, no question. But thank God, we don't have one of those but every four or five years. Mayor Suarez: Unlike the dogs, they don't tend to... Mr. Odio: However, every community is asking for horseback patrol and..... Mr. Plummer: Well, Mr. Manager, let me tell you... Mr. Odio: ...I also want to say, Mr. Commissioner Plummer, that we have 41 police officers that cannot go outside because... Mr. Plummer: I understand that. Mr. Odio: ...and we are using them inside in all of those jobs that you mentioned. Mr. Plummer: That's fine. Mr. Odio: Because, and the reason... Mr. Plummer: Sure, put them on communications. Mayor Suarez: OK, explain for the record, since we have so many people here; why can those... why... Mr. Odio: The reason they cannot work... Mayor Suarez: Right. Mr. Odio: ...is that they are what we call light duty... Chief Anderson: Limited duty. Mr. Odio: They have been hurt and they're put into limited duty inside. 217 Mayor Suarezi Partially disabled in some way or another from doing full duties of a police officer. Mr. Odio: So we have to use theta inside. Mr. Plummer: Mr. Mayor, our response time, as the lady from northeast just told me, she called about a burglar and, according to her, the police never showed up. The response time in this town has gone bananas, and it's because of the need of more policemen to answer the calls. As far as I'm concerned, I think we need the men on the street, not in the station. Mr. Odio: I agree with Commissioner Plummer and in my review, like I said, informally, in talking to the Chief, we have 28 identified positions of police officers that we're going to replace with civilians. But, we used to have... Mayor Suarez: What are those doing now typically, Mr. Manager, so we get the... Mr. Odio: They are working inside the department, some in communications, and... Chief Anderson: We're in the process, by the first of this year, reviewing all of the sworn staff that we have inside. We've worked out and talked with the manager and I think he understands this very well that we are pursuing this area. We're in the process, by the first of year, also increasing our commitment to the streets. This is an evolutionary process. It continues all the time and we're in the process of doing that. I think, in order for us to be effective and provide the kind of service to this community, we must have the latitude of doing that. Mayor Suarez: Well, here's a very simple question, really. I mean, we just identified twenty-eight officers that could be out in the street that are - and being by civilians. If that's been done and you even have the specific number, why not do it now? Mr. Plummer: That's what I'm saying. Mr. Odio: Because we are. Because we are doing it. But it... Mayor Suarez: But why wait till the first of the year? Mr. Plummer: He's saying January the 1st. Mr. Odio: You just cannot - the problems we had in the Police Department five or six years ago, was because of constant upheaval inside that department. And we're trying to do it in a slowly manner. We identify the purpose and we're moving on it. Mayor Suarez: OK, what you're saying - you didn't say it at all - but what I surmise from what you said, is that it takes a couple of months for the transition period to take place so you'd be absolutely sure that the people that you're using are trustworthy and are the kinds of people that are not going to create the kinds of problems we had in the past in the Police Department. Mr. Odio: Yes. Mr. Plummer: Mr. Mayor, try to convince the people that are 40 people a day that have their houses broke into and the 20 people that get knocked in the head in an armed robbery that that's the right way to do it. I don't agree and that's why I have the my dissent. Mayor Suarez: OK, well, it's the right direction. I mean, that's the direction you want us to go in. Commissioner Dawkins. Mr. Dawkins: Mr. Manager, what was the police budget last year? Chief Anderson: Seventy-five. Mr. Plummer: You're talking about operating? .s Mr. adios sevahty-fire. Mr. Dawkine: The Whole total budget. Mr. Plumer: Oh, no, no, they're... Mr. Odlo3 Seventy-five. Mr. Dawkins: Seventy-five. Mr. Plummer: No, no, the total budget was over a hundred trillion dollafa, including capital, that's all dedicated to the police. Mr. Odio: The capital budget is separate from this budget. Mr. Dawkins: What is operational budget of the... Mr. Odio: Seventy-five million. Mr. Dawkins: Seventy-five. Mr. Plummer: And what was the capital budget? Mr. Dawkins: All right, so... Mayor Suarez: Wait, Commissioner's inquiring. Mr. Plummer: I'm sorry, I'm sorry. Mayor Suarez: Go ahead, Commissioner Dawkins. Mr. Dawkins: OK, now, Mr. Mano, take the $75 million dollar budget and multiply it by the CIF and what do you come out with? Mayor Suarez: If we had had a normal cost of living increase in the last fiscal year, what would that add to... Mr. Odio: Oh, yes... Mr. Dawkins: Add that to... what was the cost of living last year? I can do it. Mr. Odio: Four percent. Mr. Dawkins: Huh? Four percent. Mr. Odio: Four percent. Mr. Dawkins: All right, Mr. Mano, four percent of $77 million - seventy-five million - is what? Mayor Suarez: It should be three million. Mr. Manohar Surana: Two, point three million. Mr. Dawkins: Huh? Mr. Surana: About two, point three million. Mr. Dawkins: So, when you go up to $77 million dollars, you only went 77 million, you only went up to the CIP. s Mayor Suarez: It was three million, by the way, but go ahead. Mr. Dawkins: OK, all right, so you only went up to the CIP. I've said that as a point of reference. I've been here eight years, and we are making the Police Department the whipping boy for what this Commission did, OK? We started out, we decide to put civilians in the police station and put all policemen out. Then, we came back and decided it was best to put the civilians out and put policemen in. Now, we're coming along saying that the Police Department got too many civilians and they don't have enough civilians - and we're beating up - no, let me rephrase that - the Police Department is i 219 September 14, 190 being made to look like they don't know what they're doing. This Commission sets policy, we've been setting it for the eight years that I've been here, and the Police Department's budget has been approved by us. All the changes in it have been approved by us, and any conditions that exist in the Police Department now, are the direct results of the action of this Commission. Because if we had not approved, it would not exist. So, if there's something wrong with the Police Department, it's because of this Commission. Mayor Suarez: Anything further, Commissioners, on the appropriation ordinance? If not, we have a motion and a second, although the second was for discussion and I think we ought to read the ordinance and vote. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1990 CONTAINING A REPEALER PROVISION; AND A SEVERABILITY CLAUSE. Was introduced by Commissioner De Yurre and seconded by Commissioner Plummer and was passed on its first reading by title 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. 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. 70. (A) DISCUSS DOWNTOWN DEVELOPMENT AUTHORITY PROPOSED MILLAGE AND TENTATIVE BUDGET (Fiscal Year 1989-90). (B) FIRST READING ORDINANCE: Define and designate territorial limits of Downtown Development District - Fix millage and levy taxes (Fiscal Year 1989-90). ------------------------------------------------------------------------------ Mayor Suarez: Item 49, proposed millage rate and tentative budget for Downtown Development Authority, Matthew Schwartz, Executive Director. Mr. Matthew Schwartz: Percentage increase in millage over roll back rate. Response: Nine -tenths of one percent. The specific purpose for which ad valorem tax revenues are being increased. Purpose: Downtown marketing programs and economic development costs, $13,182; percent, one hundred percent. Mayor Suarez: OK, I'll entertain a motion on the DDA budget, I mean the DDA millage rate. Mr. Plummer: That's set by law. Mayor Suarez: Yes. Do you want to move the millage rate? Mr. De Yurre: Moved. Mayor Suarez: Moved. Second, somebody. Now, one thing that when we get into the actual appropriations that is going to be - wait, this is interesting... Ms. Range: Second? Mr. Plummer: Not me. Not with the executive director being paid. Mayor Suarez: ...I don't know if you know this, it's going to be reduced from the DDA budget is the salary of Mr. Peter Andolina, right? Are we able to 220 September 14, 1909 ahnounee that he is leaving the City and going to greener pastures? Not thterested... they're not interested in we're going to lose one high paid employee of the DDA. Mr. Plummer: Mr. Mayor, I appreciate your bringing that out for me, but what you're not saying is that he's only going to be working half of the time. Mr. Schwartz: No, less than half of the time. Mr. Plummer: OK. Mr. Schwartz: As a part time... Mr. Plummer: What do you mean? Mr. Plummer: So, you're only cutting his budget by half, his salary by half and he's' going to be working less than half the time. Is that a savings? Mr. Schwartz: Yes. Mayor Suarez: I thought he was leaving altogether like, bye, bye. Mr. Schwartz: No, we couldn't manage with Peter leaving completely. Mr. Plummer: Mr. Schwartz, how much is your salary? Mr. Schwartz: Excuse me? Mr. Plummer: How much is your salary? Mr. Schwartz: My salary, as presently is $79,500. Mr. Plummer: And with fringe benefits? Mr. De Yurre: Two hundred thousand... Mr. Schwartz: Due to the Gates Case and the City pension system... Mr. Plummer: Yes. Mr. Schwartz: ...approximately a hundred and eight, hundred and seven thousand dollars. Mr. Plummer: About $110,000 is a round figure and... Mayor Suarez: Let me remind my brother, the Commissioner, that he was the one that wanted to make that figure as high as possible. When we hired Mr. Matthew Schwartz, we had a little battle over that, remember, Commissioner? Mr. Plummer: No, I didn't. Mayor Suarez: No? Mr. Plummer: No. Mayor Suarez: OK, what is it going... is it... Mr. Plummer: Mr. Schwartz, how big is the budget you administer? Mr. Schwartz: Budget for DDA next year is projected to be one million, five hundred and sixty-three thousand dollars. Mr. Plummer: And how many employees do you have to administer? Mr. Schwartz: We have eleven full time employees, one part time employee and three contractual employees. Altogether fourteen... Mr. Plummer: My point is the same with you as with others. The City Manager is making approximately the same amount of money. He has a budget of $270,000,000 and 4,400 employees... 221 September 14, 1989 T Mayor 5uarext The City Manager is not making approximately the same amount of money. The City Manager is now at what base salary? Come on, be fair. Mr. Plummer: Ninety-five. Mayor Suarez: Right, that's eighteen - sixteen more than his bass salary and his benefits are the same, so, you know, it's a good 20 percent more. Mom, come on. Mr. Plummer: Mr. Mayor, I will stand corrected on that. Mayor Suarez: OK. Mr. Plummer: I will not stand corrected on the fact that his total administrative budget to administer is a million, five and eleven employees. Where is the equity? The Manager has a two hundred and seventy million dollar budget and forty-four hundred employees. That's why I have to vote against the budget of the DDA. Mayor Suarez: Thirty-six hundred employees the last time I looked, but, OK. Mr. Plummer: OK, I'll buy that. Mayor Suarez: All right, we have a motion on the DDA millage rate which basically states that the maximum allowed by law, keeping in mind that this is a independent taxing district and the members, the property owners in that area are the ones that contribute to it, not the rest of the citizens, I just want everybody to understand that. Do we have a second on the millage rate? If not, I'll second it. J.L., do you want to chair? Mr. Plummer: Victor, you moved it? There's a motion on the floor. The motion is to approve the millage rate of the DDA and I think also set the territorial limits, is that correct? Mr. Fernandez: Correct. Mr. Schwartz: That's the next item. Mr. Plummer: The next item. Mr. Fernandez: No, no, this is this item. This is fifty. Mr. Schwartz: Oh, this item, I'm sorry. Mr. Fernandez: Yes. Those two items are together. Mr. Plummer: Is the motion understood? Duly seconded. Call the roll. Mr. Fernandez: No, I'll have to read the ordinance. Mr. Plummer: Read the ordinance. Mr. Mayor, can I... may I ask as an amendment as we have done in the past that any monies expended from the contingency fund have to be approved by this City Commission, as amended. Further discussion? Hearing none, call the roll. Mr. Fernandez: Point of order, Mr. Plummer... Mr. Plummer: Yes, sir. Mr. Fernandez: ...that motion would be appropriate - that modification, in the next ordinance that will be read. Mr. Plummer: I stand corrected. Call the roll. 222 September 14, 1989 AN ORDINANCE ENTITLED - AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION, FIXING THE MILLAGE AND LEVYING TAXES IN THE DOWNTOWN DEVELOPMENT DISTRICT LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1989, AND ENDING SEPTEMBER 30, 1990, FIXING THE MILLAGE AT FIVE TENTHS (.5) MILLS ON THE DOLLAR OF THE NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT AND PROVIDING THAT THE SAID MILLAGE AND THE TAXES LEVIED HEREIN SHALL BE IN ADDITION TO THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI, WHICH IS CONTAINED IN THE GENERAL APPROPRIATION ORDINANCE FOR THE AFORESAID FISCAL YEAR AS REQUIRED BY SECTION 27 OF THE CITY CHARTER; PROVIDING THAT THE FIXING OF THE MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS FOR IMPROVEMENTS IMPOSED BY THE CITY COMMISSION OF THE CITY OF MIAMI WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI; PROVIDED THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1989 AND ENDING SEPTEMBER 30, 1990, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION HERETO; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner De Yurre and seconded by Mayor Suarez and was passed on its first reading by title 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. 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. ------------------------------------------------------------------------------ 71. FIRST READING ORDINANCE: Establish appropriations for Downtown Development Authority for Fiscal Year 1989-90. Mayor Suarez: OK, we have the first reading of the - is it fifty now, Mr. City Attorney? Mr. Jorge Fernandez: It's fifty-one. Mayor Suarez: Fifty-one which is making the appropriations... Mr. Fernandez: Right. Mayor Suarez: ...for the Downtown Development Authority of the City of Miami. Mr. Fernandez: Correct. This is the twin sister ordinance. Mayor Suarez: Commissioners... Mr. De Yurre: Move it. 223 September 14, 1989 MAy6t Suarea! ...questions. We have a motion, do we have a second? I'll second. Mr. Plummer: Would you accept the amendment that I made before? i Mayor Suarezi Yes: Mr, Plummer: As amended. Mayor Suarert: It's really not a contingency budget, it's a capital budget, right? Mr. Matthew Schwartz: No. Mayor Suarez: It was contingent one year or have we called it still contingent here? Mr. Schwartz: In this year's budget, there is a - due to the fact of tax collection shortfalls... Mr. Fernandez: This is an ordinance and here it says resolution. So it should be an ordinance, right? Mr. Schwartz: ...this year and lower assessments downtown, we've a contingency of $230,000. We... Mayor Suarez: OK, then, all right, we're calling it that, that's fine. Mr. Plummer: Yes. Mr. Schwartz: We assume that $150,000 of that money eventually will coming into DDA and... Mayor Suarez: Well, but he wants to retain control over the entire contingency fund. Mr. Plummer: Contingency fund, correct. Mayor Suarez: For any actual expenditure. Mr. Plummer: Motion understood? Any further discussion? Call the roll. Mr. Fernandez: No, I have to read the ordinance. Mr. Plummer: Read the ordinance. Any further discussion? Hearing none, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE MAKING APPROPRIATIONS FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1990; AUTHORIZING THE DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE OR ADVERTISE BIDS FOR THE PURCHASE OF ANY MATERIAL, EQUIPMENT, OR SERVICE EMBRACED IN THE SAID APPROPRIATIONS FOR WHICH FORMAL BIDDING MAY BE REQUIRED PROVIDING THAT THIS ORDINANCE SHALL BE SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1990, FOR THE OPERATION OF THE CITY OF MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner De Yurre and seconded by Mayor Suarez and was passed on its first reading by title by the following vote: j 224 September 14, 1989 AYSSf Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor victor De Yurre Mayor Xavier L. Suarez NOBS: Commissioner J. L. Plummer, Jr. 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. Mr. Fernandez: Now comes transfer of funds. 72. AUTHORIZE TRANSFER OF $350,000 TO DOWNTOWN DEVELOPMENT AUTHORITY - as advance payment of ad valorem proceeds. Mayor Suarez: What's item 52? Is this some kind of a loan you need to operate? Mr. De Yurre: He's not running this year. Mr. Dawkins: He's got to have it, I'll move it. They got to have that for their.... Mayor Suarez: So moved. Where's the money coming from? Mr. Plummer: From the general fund. But they pay it back with interest. Mr. Dawkins: And they're going to pay it back, so they say. And they pay it back with 6 percent interest. Mr. Sergio Rodriguez: From the general fund of the City. And they will pay it back with some interest. Mayor Suarez: With interest, six percent. Mr. Plummer: Yes. Mr. Schwartz: With six percent interest. Mr. Rodriguez: Yes, six percent interest. Mayor Suarez: It's a pretty good interest rate you're getting there, Matthew. OK, we have a motion and a second. Ms. Range: I'll second. Mayor Suarez: If there's no discussion, call the roll on it. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 89-831 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS IN THE AMOUNT OF $350,000 TO THE DOWNTOWN DEVELOPMENT AUTHORITY FROM THE GENERAL FUND AS AN ADVANCE PAYMENT OF AD VALOREM PROCEEDS TO BE REPAID OUT OF AD VALOREM TAXES TO BE RECEIVED FROM DADE COUNTY BY THE CITY OF MIAMI ON BEHALF OF THE DOWNTOWN DEVELOPMENT AUTHORITY BEFORE THE END OF THE 1989-1990 FISCAL YEAR, WITH INTEREST TO BE PAID TO THE CITY AT THE RATE OF 6% PER ANNUM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 225 September 14, 1989 Is 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. Mayor Suarez: We're going to try, for all the members of PACT, we're going to try to get through our budget which we have to do today. We have two agencies left. I'm not going to say that they're not going to be controversial. Hopefully, they won't be too controversial, but we've done the bulk of our budget which is the City's budget and Downtown Development Authority. We have, I think, Off Street Parking and Sports and Exhibition Authority, then we'll get to your item. Understanding that we have really pushed through to get this on here in part because two of us were present at your prior meeting and the rest of us are quite mindful, as I had occasion to verify with Commissioner Range, of what it is you're requesting, and also, I know you've had meetings with the Manager and have seen memoranda that have resulted from that and so on. So we'll get to you as quickly as we can. ------------------------------------------------------------------------------ 73. APPROVE/ADOPT ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING (Fiscal Year 1989-90). Mayor Suarez: OK, item fifty... and we did take you beyond the number of items that we're supposed to have agreed to take, which is- we're limiting ourselves to sixty items. Otherwise, we get to the end of the day and we barely know what we're doing. Some say that we barely know what we're doing at the beginning of the day, but OK, Jack, what have we got? Mr.. Sergio Rodriguez: Fifty-three. Mr. Jack Mulvena: We have several items before you, Commissioner. My name's Jack Mulvena, by the way, executive director of the Department of Off -Street Parking. The first item is a resolution accepting the operating budget for the Department of Off -Street Parking which is four six million, four hundred thousand dollars. Which, I might add, is $5,000 less than year's modified budget. I think we've taken the lead from the City and the City Manager, and have begun to turn around our expenses and hope to hold the line where we can reduce them from year to year. So, the first item before you is our... Mayor Suarez: So you're giving credit to the City Manager, not to the Commission. Mr. Mulvena: I stand corrected. And the very clear direction I get from the City Commission, as well. Mayor Suarez: Very good. Mr. Mulvena: So, that's the first item, Mayor. If you need backup information on our budget, I'd be very happy to provide it or answer questions. Mr. De Yurre: I'll move it. Mayor Suarez: Moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. The Off -Street Parking Authority is an agency of the City which is essentially self... 226 September 14, 1909 ■ Mr. Mulvena: A hundred percent. Mayor Suarez: ...subsisting and some years, we even grab a little bit of your excess profits and take it to apply to needs of the City. I don't know► that we're going to be able to do that this year, are we? Mr. Mulvena: No... Mayor Suarez: No surplus? Mr. Mulvena: Not this year. This year we ended in a deficit, and that's why we have a rate increase which is the third item we need to discuss with you. Mayor Suarez: OK, we're going to get to that in a second, but, otherwise... Now does the approval of this imply that approval of the rate increase, Mr. somebody? Mr. Fernandez: No. No, that's a separate act, item, that you have coming up, item 55, I believe. Mayor Suarez: But if we approve the annual budget and we didn't approve the rate increase, what would happen? The revenue wouldn't meet with the expenditures? Mr. Mulvena: Well, yes, now what would happen is our revenue would be lower since you're talking about a rate increase which would probably guarantee that we would continue in a deficit posture next year. Mayor Suarez: All right, but presumably, still being able to meet our obligations. All right. Mr. Mulvena: Yes, absolutely. Mayor Suarez: So it conceivably could create a problem if we - all right, we have a motion and a second? Any discussion? If not, please call the roll. Mr. Fernandez: On fifty-three. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-832 A RESOLUTION, WITH ATTACHMENT, APPROVING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1989 AND ENDING SEPTEMBER 30, 1990 IN THE AMOUNT OF $6,421,043 TO PROVIDE FOR THE OPERATION OF THE ENTIRE DEPARTMENT OF OFF-STREET PARKING, EXCLUDING DEPRECIATION AND OTHER NON -OPERATING EXPENSES TO $3,545,822 AS DESCRIBED IN THE BUDGET MESSAGE AND BUDGET MATERIALS ATTACHED HERETO. (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. COMMENTS MADE DURING ROLL CALL: Mr. Dawkins: Here he is. There he is. Fifty-three, J. L. 227 September 14, 1909 1 Mt De Yurr6: The Sports Auithority4 Mr. Piuimaer: The Sports Authority, my red noes. Mayor Suarez: The Off -Street Parking budget. Mr. Plummer: This is not in reference to the garage? Mr. Dawkins: No. Mr. Plummer: This is just to their overall budget? Ms. Hirai: Annual budget. Mr. Dawkins: Yes. Mr. Plummer: I vote yes. 74. DISCUSS AND APPROVE 1989-1993 DEPARTMENT OF OFF-STREET PARKING'S FIVE YEAR PLAN. ---------------------------------------------------------------------------- Mayor Suarez: Item 54, the five year plan. We've discussed this at length. Is there any changes from all the different kinds of... Mr. Jack Mulvena: No. Basically, it's... Mayor Suarez: individual specific approvals of capital improvements that we've been doing for... Mr. Dawkins: Move it. Mr. Mulvena: Very same plan. Mr. De Yurre: Second. Mayor Suarez: Moved and seconded, if there's no discussion... Mr. Fernandez: Nothing needs to be moved or seconded. Nothing needs to be moved or seconded, it's just discussion. Mr. Plummer: It's just a discussion item. Mr. De Yurre: OK, well... Mayor Suarez: OK. Mr. Mulvena: Well, but... Mr. De Yurre: I don't want to hear about it then. Mr. Mulvena: Our board usually asks that we ask for some approval from the City Commission. Mayor Suarez: We'll take a vote on it. In that case, if it makes you feel like you're getting a security blanket, call the roll. Mr. Fernandez: All right. Mr. Mulvena: The board would feel better. Mr. Plummer: What happens if we vote no? Mayor Suarez: Then you're going to be very cold. Mr. Mulvena: Yes, we're on hold. Mr. De Yurre: They won't feel as good. 228 77, Ilk I Mayor Suaret: Call the roll, as long as he wants it. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 89-833 A RESOLUTION, WITH ATTACHMENT, APPROVING THE 1989- 1993, FIVE YEAR OPERATIONS PLAN OF THE DEPARTMENT OF OFF-STREET PARKING. (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. 75. FIRST READING ORDINANCE: Amend Code Section 35-91, 35-92, 35-93 and 53- 161(3) - Establish rates for certain on -street meters and off-street lots - Increase monthly rate at Municipal Parking Garage No. 5 - Authorize Off -Street Parking Board to develop experimental rate structures. Mr. Dawkins: Move 55. Mayor Suarez: Fifty-five's been moved. It's an ordinance establishing rates, certain on street parking meters and certain off street parking lots. Mr. Plummer: Is this the one the municipal garage? Mr. Jorge Fernandez: No, not... Mr. Jack Mulvena: No. Oh, you mean regarding the rates for...? There is, in this... Mr. Plummer: No, the one that is taking a million dollars of subsidy a year. Which item is that? Mr. Mulvena: No, that's two items to come, Commissioner. Mayor Suarez: Jack, is... well, let me ask first of all, is anyone here to be heard on item 55 on the rates being proposed for on street parking meters? OK, let the record reflect no one stepped forward. Commissioner Dawkins. Mr. Dawkins: Under discussion. We still can come in if the neighbors figure that this is excessive and you and I can discuss bringing it back down. Mr. Mulvena: Of course, we could always bring it back to the Commission, but I would like to just take a single second to mention that the Downtown Merchants and Business Association, the Little Havana Parking Advisory Group, including CAMACOL, Coconut Grove Parking Advisory Group, the Biscayne Boulevard - and I could go on, and on and on - have reviewed the budget and the rate increase and, in fact, concur because they know that it's part of the five year plan. Mayor Suarez: OK, has any group... 229 September 14, 1989 Mr. Hawkins: But these are the people who put the coins in. Mayor Suarw Right. Has any group opposed? Mr. Mulvena: No one has opposed, no. Mayor Suarez: OK, how about the Jackson Memorial area? is that included here? Mr. Mulvena: No, it's... Mayor Suarez: Civic Center. Mr. Mulvena: Well, the Civic Center it goes to - it's already a dollar out there for except for certain areas and the board has asked to me to be sensitive if there are any of those areas around a social agency. Mayor Suarez: Mr. Mulvena, Mr. Mulvena, don't tell me a rate is a dollar. It's a dollar per what, air? Mr. Mulvena: It's a dollar per hour near the Civic Center. Mayor Suarez: Thank you. Now, that means those meters go up to how many hours? Mr. Mulvena: They're not being touched. As a matter of fact... Mayor Suarez: Those meters provide for how many hours maximum? How much can you put in? Mr. Mulvena: Up to four hours on the meters around the Civic Center. Mayor Suarez: OK. So, if you were going to get... if you were going to, OK, so it's a dollar per hour, I'm sorry, four quarters, OK. Commissioner Range. Ms. Range: I have a question. On yesterday, at least when we were having the hearings, I asked was there a hundred percent increase and you said no. But, in looking over it, where there was 25 cent per meter, you have it at 50 cents. Have you changed the times on those meters? Mr. Mulvena: No, the area you're referring to, and I should have been a little more clearer in my response, Monday, Commissioner... Ms. Range: Yes. Mr. Mulvena: I was referring to the surface lots where there are not one hundred percent increases. Ms. Range: I can't hear you. Mr. Plummer: I'm sorry.... Mr. Mulvena: There is a couple meter routes which are in and around the Arena and the Omni area where we're taking the meter which was a 25 cent, meter and we're in fact moving it to 50 cents per hour. Mayor Suarez: Twenty five cent per.... - Ms. Range: For what? Mr. Mulvena: Per hour. Ms. Range: Per hour. Mr. Mulvena: Yes. Ms. Range: What about the meters... Mr. Mulvena: And in that instance, it's a hundred percent increase. Ms. Range: What about the meters that it's 25 cents for 24 minutes or something like that? What's happening there? 230 September 14, l969 Mayor Suaree: There were some meters in one place that were 25 cents per 11 minutes. Those were the worst. Me. Range: Yes, what's happening in those meters? That's what I'm interested in. Mr. Mulvena: Well, we don't have a 25 cents per twelve minutes. Mo. Range: Whatever. Mayor Suarez: What's the highest rate that we've got? Mr. Mulvena: The highest rate we have is $1.00. Mayor Suarez: Per hour. Mr. Mulvena: Per hour. As a matter of fact, and this is... Mayor Suarez: Which is 25 cents per 15... Mr. Mulvena: Fifteen minutes. Mayor Suarez: Ah, not twelve, 15 minutes. Ms. Range: Per fifteen minutes, so now... Mayor Suarez: You get 15 minutes per quarter, all right. You get a great fifteen minutes for a quarter, all right. Mr. Mulvena: Yes, and that's in the high demand area. Ms. Range: So now, it's going to be 50 cents for 15 minutes. Is that right? Mr. Mulvena: No, no, no. No, our highest rate is a dollar per hour, so if you broke it down by 15 minutes, it would be our highest rate is 25 cents for those fifteen minutes. Mayor Suarez: Yes. Ms. Range: So, in other words, those meters will not be touched. Mr. Mulvena: They won't be touched. As a matter of fact, if you recall, two years ago, the Commission wanted the meters simplified, so now there are only one dollar per hour, 75 cent per hour, and 50 cents per hour meters. Mayor Suarez: We appreciate the simplification process. You had about 12 different rates a certain time ago. Mr. Mulvena: You've got it. Yes. And the only 25 cent meters are out in the garment area where we feel they're needed. I think I've been out there with Commissioner Dawkins a couple of times, and that's the last vestige of the 25 cent meter in Miami. Ms. Range: I see. Mr. Plummer: Mr. Mayor, may I inquire... Mayor Suarez: Twenty-five cent per hour meter. Thank you. Mr. Mulvena: In the garment center. Mayor Suarez: Now - I'm sorry - can I just... Mr. Plummer: Have done the appropriations ordinance for you? Mayor Suarez: Yes. Mr. Mulvena: Well, we have for the Department of Off Street Parking budget. Mr. Plummer: What number was that? 231 September 14, 1989 Mr. Mulvena: That was fifty-three. Mr. Plummer: How much is your contingency fund? Mr. Mulvena: We don't have a contingency fund. Mr. Plummer: You have no contingency fund whatsoever? Mr. Mulvena: No, we have all line items are... Mr. Plummer: And what about in reserve? Mr. Mulvena: Ah, that's a different. I know what you mean, yes. Mayor Suarez: Let me address that, if I may, very quickly. Remember that they try to keep a debt service coverage ratio of about 1.4, 1.5, so half of all the money that they collect that they keep in case they need to pay in bonds. Mr. Plummer: Other than the money in reserve, what is the amount of your reserve? Mayor Suarez: One-third of all the money, I'm sorry. Mr. Mulvena: Well, let me break that down. We have required reserves that the trustee and the bond council require us to have. That's in the neighborhood of a three million dollar reserve which we're not allowed to touch... Mr. Plummer: OK. Mr. Mulvena: ...which includes interest expense. Mr. Plummer: Aside from that? Mr. Mulvena: All right, then our board requires, and this has always been the standard require, a $1.5 million dollar reserve so that our bonding capacity ratio can be at 1.5. So we have about approximately three point in restricted reserves. We have 1.5 which we need to end each year as a cash flow item j which we carry to the next year, and everything else is spent in our five year 1 plan, in the Arena parking program, Latin Quarter Specialty Center, etcetera, =j etcetera, so there is no contingent. Mr. Plummer: Thank you. Mayor Suarez: Your debt service coverage ratios, are they built into your bond debentures or can you adjust those with time? Mr. Mulvena: Well, they... Mayor Suarez: Your bond indentures, I'm sorry. Mr. Mulvena: Yes, yes, no the... Mayor Suarez: Your bond documents. Mr. Mulvena: Yes, the one point two five is required. In other words, we must maintain 1.25 right. Mayor Suarez: No bank will finance it less than that. Mr. Mulvena: Right. The board, because they want to increase our bonding rating and we are an A rating, just like the City is... Mayor Suarez: And because they're conservative. Mr. Mulvena: They're conservative. They like a 1.5 which we've maintained. We have fallen down with this deficit, however. Dropped down to a debt capacity of 1.33. That's why we're suggesting the rate increase... Mayor Suarez: No, you're getting a little more liberal in your old age, Jack, OK. 232 September 14, 1989 Mr. Mul#ena: T6114 Mayor $uares: All right, Comissioners, any further quentions? Mr. Plummer: What item are we voting on? r Mayor Suares: If not, we have a motion and a second on item.... Mr. Fernandett nifty -five. Mayor Suarez: Fifty-five. _ Mo. Range: Fifty-five. Mr. De Yurre: We don't have any motion. Mayor Suarez: I'm sorry? Mr. De Yurre: We don't have a motion yet? Ms. Hirai: I don't have a motion, no. Mayor Suarez: I'll entertain a motion on 55, first reading. Mr. De Yurre: I can't vote for a rate increase so don't look at me. Mr. Dawkins: I'll move it. Mayor Suarez: Moved by Commissioner Dawkins. Mr. Plummer: I'll second it. Mayor Suarez: Seconded by Commissioner Plummer. If there's no further discussion, read the ordinance, fifty-five. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 35-91, 35-92, 35-93, AND 53-161(3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ESTABLISHING RATES AT CERTAIN ON -STREET PARKING METERS AND CERTAIN OFF-STREET LOTS; INCREASING THE MONTHLY RATE AT MUNICIPAL PARKING GARAGE NO. 5; FURTHER PROVIDING AN EFFECTIVE DATE OF NOVEMBER 1, 1989 FOR THE HEREIN RATE CHANGES; RATIFYING AND CONFIRMING ALL ACTS OF THE OFF-STREET PARKING BOARD AND ITS DIRECTOR AS TO RATES HERETOFORE CHARGED; FURTHER AUTHORIZING THE OFF-STREET PARKING BOARD TO DEVELOP EXPERIMENTAL RATE STRUCTURES AND TO INITIATE RATES FOR NEW FACILITIES DURING THE FISCAL YEAR; 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 followina vote: 76. APPROVS ANNUAL BUDGET OF WORLD TRADE CENTER GARAGE (fiscal year 1989- 90). ------------------------------------------------------------------------ Mayor Suarez: Item fifty-six. What parking garage is this? '4 Mr. Jack Mulvena: This is the World Trade Center garage or the CenTrust = Knight Center garage. Mr. Dawkins: This our baby. Mayor Suarez: This is our baby, our favorite parking garage. Mr. Dawkins: No - yes. Mr. Mulvena: And we're asking for you to appropriate our operating budget and... Mayor Suarez: Oh, this is our... yes, Commissioner Dawkins is right. This is our baby. Mr. Mulvena: This is your garage. This is the one we manage for you. Mayor Suarez: In the World Trade Center. Mr. Plummer: How much subsidy from the general fund? Mr. Mulvena: You know, J.L., I don't know the answer to that. (Laughter) Mr. Mulvena: Game stopped because of... is that an omen? Mayor Suarez: Thank God, it looks like a very nice dog anyhow. Mr. De Yurre: Is there a dog in here? Mr. Plummer: We have a new candidate for Mayor. (Laughter) Mr. Plummer: How much subsidy is required from the general fund? Mr. Mulvena: J.L., I don't have the answer to that because that's tied into the Knight Center complex. If you asked me about the garage, I can tell you what... Mr. Plummer: How much for the garage? Mr. Mulvena: OK, well for the garage between, you know, what we earn in the earnings and from the air rights and the rental for the downstairs, the garage as a commodity, when you consider those two revenue sources, breaks even. OK, it does not contribute to the deficit. Mr. Plummer: OK. Mr. Mulvena: OK? _ Mayor Suarez: OK, Commissioners, on fifty-six. Mr. Plummer: Move it. EliMayor Suarez: Moved. _ Ms. Range: Second. r. i Mayor Suarez: Seconded. What is the operating deficit then .for that, -� particular...? 1, Mr. Mulvena: Well, for the garage, there is none when you consider the air rights and the commercial rights and what we gain in the - right. Mayor Suarez: We're breaking even just about now? -or are we staking something? Mr. Mulvena: We're making a little bit, about twenty some thousand. 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. 89-834 A RESOLUTION, WITH ATTACHMENTS, APPROVING THE ANNUAL BUDGET OF THE WORLD TRADE CENTER GARAGE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1989 AND ENDING SEPTEMBER 30, 1990 IN THE AMOUNT OF $820,510.00, AS ATTACHED, TO PROVIDE FOR THE OPERATION OF THE WORLD TRADE CENTER GARAGE, EXCLUDING DEPRECIATION OF $330,000.00. (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. --------------- ----------- ----------- ----------- ------------------------------ 77. (A) APPROVE ANNUAL BUDGET OF DOWNTOWN GOVERNMENT CENTER GARAGE (Fiscal Year 1989-90). (B) DIRECT ADMINISTRATION TO IMMEDIATELY ADVERTISE TO SELL DOWNTOWN GOVERNMENT CENTER GARAGE. ------------------------------------------------------------------------------ Mayor Suarez: Item fifty-seven. Mr. Dawkins: Let's try to get through these as quickly as we can so we can get these other people out. Mayor Suarez: Yes, this is the one though that I think you wanted to ask about, no? Mr. Plummer: This is the one that is a total loss that's just draining our... I thought we were going to sell it? Mr. Sergio Rodriguez: The Manager is in negotiation with the Department of Off -Street Parking to try to work out an arrangement with them to see whether we can get them to assume more of the... Mr. Plummer: I thought this Commission instructed the Manager to advertise the building for sale at least to find out if there were interested parties. Mayor Suarez: Yes, Jack, I thought the idea was not just to between the two agencies, the City and Off -Street Parking, but to sell it to the private sector. 235 September 14,,1989 s Mr. Jack Mulvena- Yea. Mr. Rodriguez: They're trying to work it out first with them and see what we can come up with. Mr. Plummer: That isn't what we instructed the Manager to do. Mayor Suarez: Nobody wanted to work anything out with them, we wanted to sell this asset. it didn't seem like a productive asset to us or one that we should hold, either ourselves or through an agency. Mr. Mulvena: We have an advertisement. As your manager, we occasionally get some solicitations to buy the garage. Mr. Plummer: Excuse me, Jack... Mr. Mulvena: And they really haven't been much of an offer. Mr. Plummer: ...this Commission's policy was that the Manager was to advertise. That policy was set over 90 days ago, over a year ago. I would ask that the administration, within 30 days, proffer an advertising to try to eliminate this half a million dollars of taxpayers money down the drain. Let's get rid of it. Mayor Suarez: Yes, the idea is to get it into the hands of the private sector, if they think it's worth anything. And if it is not, figure out _ something else to do with it. Actually, if they could go to whatever rates they want and figure out different uses for it, who knows? Mr. Mulvena: They could make money. Mayor Suarez: Who knows, they could make money on it. Mr. Mulvena: Yes, we're being held at that $55 a month rate which keeps it down there. It would make a difference. Mr. Plummer: Well, that's only half the story. Mayor Suarez: OK, all right, otherwise we must approve the payment of the for it. Why is it a separate budget? Any particular reason? Mr. Plummer: Yes, be... Mr. Mulvena: Well, it's a separate budget because it's your budget, we manage it and you... Mayor Suarez: Ah, that was our mistake. All right. Mr. Plummer: No, it wasn't our mistake, the Colonel refused to do it and Ferre forced it. Mayor Suarez: Ah. Mr. Mulvena: It's your property. Mayor Suarez: OK, do we have a motion on it? Mr. Plummer: Mr. Mayor, as much as it pains me, it's got to be paid, but I'll tell you something and I'm telling the administration. This is the last time I will approve this complete drain to our budget. This here could, in fact, pay for that trauma center at Jackson Hospital. I'll move it. We owe it, we've got to pay it, but I am not voting on it again. Mayor Suarez: You know, that was such a clear statement made so many times by this Commission... Mr. Dawkins: Second it. Mayor Suarez: ...that it would not have been understood by the administration is just incredible to me. 236 September 14, 1969 Mr. Rodriguee: Maybe I misunderstood myself. I will make sure that the Manager will know about it. Mayor Suarez: Please. Motion moved and seconded. Any discussion? If not, call the roll. The following resolution was introduced by Commissioner Plunm%er, who moved its adoption: t RESOLUTION NO. 89-835 A RESOLUTION, WITH ATTACHMENTS, APPROVING THE ANNUAL BUDGET OF THE DOWNTOWN GOVERNMENT CENTER GARAGE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1989 AND ENDING SEPTEMBER 30, 1990 IN THE AMOUNT OF $388,920.00 AS ATTACHED, TO PROVIDE FOR THE OPERATION OF THE DOWNTOWN GOVERNMENT CENTER GARAGE, EXCLUDING DEPRECIATION. (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. 78. APPROVE ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING (Fiscal Year 1989-90) - Provide for operation of Gusman Center for the Performing Arts and the Olympia Building. Mr. Dawkins: Move 58. Mayor Suarez: Fifty-eight's been moved, Gusman Center. Mr. Plummer: Well, let me once again, Mr. Mayor, on the Gusman Center. We are contributing almost a million dollars for the Gusman Center, correct? Mayor Suarez: Well, I'm not sure about this. I think this is just the revenue side here. Mr. Jack Mulvena: No. Yes, this is the expense side. We expect again to try to break even. We did not this past year, we did... Mayor Suarez: How close did we come, Jack? Mr. Plummer: How much subsidy is required from the general fund? Mayor Suarez: He's just about to tell you. Mr. Mulvena: There will be about a hundred and forty thousand to underwrite this, you know, this enterprise fund. Mayor Suarez: Getting a lot closer to breaking even. Mr. Plummer: No, you're getting a lot closer to spending $15,000,000 to fix it up and that's what scares me. Mayor Suarez: Well, you mean, from state money. From state money, you mean. Mr. Plummer: It's not the point. 237 September 14, 1989 Mr. Muivenas Well, but - Yes. Mayor Suarez: Who's - we don't have $50,000,000 from the state. Mr. Plummer: They're talking about from Off Street Parking, floating the bonds. Mr. Mulvena: No, we had some new developments, Commissioner, we've had recently a $740,000 grant from the state last year. Mayor Suarez: That's not in your five year plan that we approved before, is it? Mr. Mulvena: What is that? Mayor Suarez: Any kind of a capital improvement plan for Gusman in that amount of money? Mr. Mulvena: You know, this is the state money that came in. The state... this is not related to the county... Mayor Suarez: OK, I have no problem, if you get a lot of money to fix that facility. It's a beautiful facility and we own it and we'd like to make it more productive, but just don't... Mr. Mulvena: We made the application on behalf of the City, and the state was generous enough to give us $740,000 last year, seven hundred this year, we've already... Mayor Suarez: OK, that still doesn't sound like $50,000,000 that he referred to. OK. Mr. Plummer: Let me tell you my problem. My problem is in this community, not just this City. We are becoming over facilitized, OK? Everyone of the facilities that we presently have that I know of, it requires subsidy. The Gusman Center, the Knight Center, the Dade County Auditorium, the Artime Center, Dinner Key Auditorium. Everyone of them requires subsidy. If something happens and this performing arts goes through, everyone of these are going to require more subsidy and that's my area of concern. Mayor Suarez: Yes, we have to be extremely careful not to give the implication that this Commission would ever approve getting involved in the operations of a performing arts center with a deficit or at all. Mr. Plummer: OK. ` Mayor Suarez: OK, but I got your point. In fact, I agree with it. I'll entertain a motion on this. Moved and seconded. If there's no discussion, call the roll. Mr. Dawkins: Fifty-eight. Mayor Suarez: Fifty-eight. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 89-836 A RESOLUTION, WITH ATTACHMENTS, APPROVING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1989 AND ENDING `k SEPTEMBER 30, 1990 IN THE AMOUNT OF $978,739.00 AS ATTACHED, TO PROVIDE FOR THE OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING, EXCLUDING DEPRECIATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 238 September 14, 14$9 'Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following Vote: AIMS: 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. 79. APPROVE ADMINISTRATIVE BUDGET OF MIAMI SPORTS AND EXHIBITION AUTHORITY (Fiscal Year 1989-90). Mr. Dawkins: Plummer move fifty-nine. Mr. Plummer: I'll be damned if I do. Mayor Suarez: We're going to do... Mr. Plummer: Yes, I move 59, move to deny. Mayor Suarez: This is the last agency and the last two items of this agenda and we'll get to the PACT issues. OK, Mr. Blaisdell, you're on. Item fifty- nine. Mr. John Blaisdell: Mr. Mayor, members of the Commission, John Blaisdell, executive director, Miami Sports and Exhibition Authority. In front of you today is a resolution authorizing the approval of our administrative budget for the subsequent fiscal year. As we pointed out in the budget hearings, our proposal anticipates approximately a 41.5 percent increase, which is approximately $322,000 over the previous fiscal year. That increase is primarily attributable to three items which are distinctive increases and changes in anticipated scope for the next fiscal year. First, we are adding a high level management position by proposing the addition to our staff of a deputy director position which we hope to bring on board effective October 1, as soon as thereafter selected. The primary responsibilities of this deputy will be to really duplicate the efforts of the agency in attracting some of the major projects and events that we have anticipated in our plan for next year and for subsequent years. In addition, we have expanded our professional services category by approximately $80,000 to facilitate certain studies which we think are necessary in the overall effort to attract major league baseball to the City. Finally, we have proposed certain event sponsorship commitments, some of them which have been discussed today like the Sunshine State Games, the NBA All -Star Game which you know we've been awarded for 1990 in February. We're possibly contemplating an NHL hockey game for 1990 as well as participating in some of the other community based sporting related activities. Mayor Suarez: You don't have anything for either lobbying or promotions of individual sports events, I hope, in this budget, do you? Mr. Blaisdell: In this current budget, we have not proposed any dollars for lobbying services. Mayor Suarez: Or individual sporting events of any kind? Promotional things, other than the effort to obtain major league baseball? Mr. Blaisdell: Well, what we have... and the hockey which we pointed out. Mayor Suarez: And hockey. No money's going to basketball teams or anything like that? Mr. Blaisdell: No. Mayor Suarez: OK. 239 September 'J,4, 1989 Mr. Blaisdell: Well, we do... let me, if you're also including such things as the Sunshine State Games, yes, we are proposing, subject to City Commission, that was the May that the board adopted the resolution was supporting the "Sunshine State Games" as well next year in 1990. Mayor Suarez: How much? Mr. Blaisdell: Twenty-five thousand. And the "Golden Gloves" for twenty-five thousand - twenty-two thousand, I'm sorry. In the budget package, there was... Mayor Suarez: So, the total City contribution is quite a bit then on Sunshine State. We voted fifty of which forty was expected to be in -kind. That's a lot of money. Mr. Plummer: Mr. Mayor, my negative vote here, once again, it is a 41 percent increase in a budget which I think is totally out of the question. I don't have any real problem with the deputy director, I think it is a must. But I do have a problem with paying him $92,000, or a total cost of $92,000, without eliminating some of the other staff that presently exists. Mayor Suarez: What is the base salary for that? Mr. Blaisdell: Mr. Mayor, we have proposed a base salary of sixty-two five. We hope to find a candidate for less than that but that's the budget that we're anticipating to attract the quality level of person that we think we're going to need to take the authority into the next... Mayor Suarez: What's the base salary? Mr. Blaisdell: Sixty-two five. Mr. Plummer: The total cost is $92,000. Mr. Blaisdell: No, that's a budget wide impact and it doesn't necessarily mean that the benefit package is the difference between ninety-two and sixty- two five. Mr. Plummer: Yes, it's the perks. Mr. Blaisdell: That's a budget wide impasse, you know, office furniture, telephone, etcetera, that we have estimated in order to give you the ability to understand what the impact on the budget from year to the next is going to be. Mr. De Yurre: Mr. Mayor, I move this item. Mayor Suarez: So moved. Ms. Range: Second. Mayor Suarez: Seconded. Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 89-837 A RESOLUTION, WITH ATTACHMENT, APPROVING THE ATTACHED FISCAL 1989-90 ADMINISTRATIVE BUDGET OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) A'lt g Comiae over M. Athalie flange 06whitsioner Miller Dawkins Vice Mayor Victor De Yurre MOSS: Commissioner J. L. Plumim6r, Jr. — Mayor Xavier L. Suarez ARSIN'T: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Absolutely notl Mr. Dawkins: Yes and no. Me. Hirai: Votes yes. Mayor Suarez: I have to vote no for the reasons of the salary increases, I think they're out of line. 80. FORMAL ESTABLISHMENT OF NORTHEAST AREA TASK FORCE - Accept proposed list of names, adding Jack D'Espinose, for a total of 25 members. Mayor Suarez: Item... Mr. De Yurre: Sixty. Mayor Suarez: Sixty. Formal establishment of the Northeast Area Task Force. I've been informed and I didn't know this, that if we were to agree to these 24 names, which is now an expanded list, we would have no further argument. That most groups have gotten together on these 24 names. Mr. Plummer: What is the task force for? Mayor Suarez: They're going to make recommendations on improvements to the northeast, capital projects and otherwise help us to improve the conditions in the northeast. I think it's a great idea. Mr. Dawkins: Who are the 24 names? Mayor Suarez: So moved. No? Mr. Plummer: Can we see the names that...? Mayor Suarez: They're proposing 24. That way, there's no hassles on membership. Let them all meet. Ms. Range: I wonder if I could add a name on this. ; Mayor Suarez: ...well, you'll have to exclude people, we're going to be at this forever. OK, we have a motion on the 24, list of 24 submitted, and I'm going to second it. Ms. Range: Mr. Mayor, Mayor Suarez: Yes, Commissioner Range. Ms. Range: I did get a request today of a gentleman who lives in the area, who is active and that's Mr. D'Espinoso. Mayor Suarez: I'll change my second to 25 if you want. OK, movant and second -# accepted. Mr. De Yurre: OK. We have a motion. Do we have any further discussion? Mr. Dawkins: One can't out vote twenty-five. Mr. De Yurre: Call the roll, please. 241 September 14, 1989 The following tdotion was Introduced by Comissioner Dawkins, who teoaed Its adtption: MOTION NO. 89-838 s A MOTION ACCEPTING A LIST OF 24 NAMES AS PRESENTED TO THE CITY COMMISSION ON THIS DAY AND ADDING JACK D'RSPINOSE TO THAT LIST FOR A TOTAL NUMBER OF 25 NOMINATIONS AS MEMBERS OF THE NORTHEAST AREA TASK r FORCE. is 3 Upon being seconded by Mayor Suarez, 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. Mayor Suarez: And that will also eliminate the unlikely possibility of a tie. Ms. Range: Right. _ Mayor Suarez: Now, when do we get a report from the task force and who's — going to help to coordinate it, Mr. Assistant City Manager? By the way, one - I don't know where you'd want to meet, but one possible place, since the Downtown Development Authority now has 29 members, is DDA's office. We have — to set up the tables there to fit 29, I'm sure we can fit 25. Ms. Annette Eisenberg: Excellent. , Mayor Suarez: OK? Mr. Dawkins: ...the Arena, you got more space. _ Mr. Plummer: I hope you can afford the parking. Mayor Suarez: That's one little problem we got there. k Ms. Eisenberg: There was one other request that we wanted, the... t Mayor Suarez: Put your name on the record, Annette, please. Ms. Eisenberg: I'm sorry, Annette Eisenberg, 1180 N.E. 86th Street. The task force would appreciate the commitment on the part of the Commission and the availability of in -kind services for technical assistance and clerical — assistance. Mayor Suarez: Absolutely, absolutely. � 1 { Ms. Eisenberg: Fine. Mayor Suarez: In fact, I want to be more specific than that. Mr. Manager, who is going to be assigned... Ms. Eisenberg: Yes. 4 Mayor Suarez: ...presumably that the... Ms. Eisenberg: Mr. Manager... Mayor Suarez: ...the planning director and assistant city manager have ' _. someone in mind to coordinate with the task force. `'- k iF Ms. Eisenberg: They voted it... 242 September 14,: 1989 Mr. Rodriguers David Whittington is the boas of Mr. John Lefly - I mean, supervise John Lefly also in this area. Mayor Suarez: OK, we expect him to be involved too then. Ms. Eisenberg: We're fine, fine. Mr. Rodriguez: We will give you the name, we'll work it out with them. Me. Eisenberg: Fine. Mayor Suarez: OK, and please get an answer back to us or proposals as quickly as you possibly can, Annette. Ms. Eisenberg: Yes. Mayor Suarez: I would strongly suggest that you select a chairman at the very beginning, not spend too much time on procedure or bylaws or rules and make a report to the Commission as soon as possible. I think we all know what we need. Ms. Eisenberg: All right. May I ask one other question, Mrs. Range said that there was somebody that called her with an additional name. May we know who that is? Ms. Range: Yes, the name was Jacques D'Espinoso. Ms. Eisenberg: Jacques, Jacques... Ms. Range: Yes. Mayor Suarez: Yes, Jacques is an activist. ---------------------------------------------------------------------- 81. DISCUSSION WITH REPRESENTATIVES OF P.A.C.T. (PEOPLE ACTING FOR COMMUNITY TOGETHER) - concerning revamping of system to demolish abandoned and crack houses, and new Housing Code. A.INSTRUCT CITY ATTORNEY TO OBTAIN LEGAL AUTHORITY TO CREATE A "CITY OF MIAMI UNSAFE STRUCTURES BOARD". B.ALLOCATE $300,000 TO FUND PROPOSED "CITY OF MIAMI UNSAFE STRUCTURES BOARDS". C.DIRECT TALLAHASSEE LOBBYISTS TO GIVE PRIORITY TO EFFORTS CONCERNING PROMOTION OF "CITY OF MIAMI UNSAFE STRUCTURES BOARD". ------------------------------------------------------------------------------ Mayor Suarez: Mr. Manager, I know you've met with the PACT group and I know Commissioner Dawkins and I certainly met with the PACT group and who's representing the group? Mr. Odio: Father Sera and Father Menendez. Mayor Suarez: Who's this fellow Lynch that I keep getting stuff from? There he is. (Applause) Mayor Suarez: I want to remind Father Lynch, Father Sera, and Father Menendez of the latest edicts from Rome about running for office in the City of Miami or anywhere for priests. Just in case anybody has any ideas. Father Lynch. Reverend Michael Lynch: Thank you. Good evening, my name is Reverend Michael Lynch. I reside and work at St. Mary's Cathedral, 7527 - 7525 N.W. 2nd Avenue. I've only been there four months. I am co-chairman of the PACT action committee to clean up Miami, along with Mrs. Lydia Garcia who would like to say a few words on the why for we are here tonight. Ms. Lydia Garcia: Buenas noches. Mi nombre es Lydia Garcia. Mayor Suarez: Who's going to do the translating? Mr. Odio: I'm going to translate. Good evening, my name is Lydia Garcia. Good evening, Mr. Mayor, Commissioners, Dawkins and De Yurre and a fond salute to Mrs. Range, all of the members from PACT. Nice to meet you, Commissioner Plummer. I am the president of the committee for PACT for a cleaner Miami. And on behalf of the thousands of members of our organization, we thank you for hearing us tonight. To reciprocate your kindness, the best thing we can do is to be brief. These people representing the committee, what they want for the whole world that our community life is in supportable under the conditions existing. Mayor Suarez: I think unbearable might be a little bit better translation. Go ahead. Mr. Odio: Well, I'm not a professional, Mr. Mayor. (Continuing translation:) To begin with... to make that one short is they want us to demolish all the crack houses in our community. (Applause) Mr. Odio: (continuing translation): Because of that, we have fought over one year. You can imagine against what odds, but here today we are believing with our hope that to renovate our community, or to improve our community, we will begin to do that with your help. The fact that the plan that PACT has developed to combat this crisis that we have is known by all of you. It has been reviewed by the City Manager. This plan is a product of our sacrifice, discipline and more than everything else, faith. Faith in our principles and in our religious principles and democratic feelings. That every human being has a weight value to it and it's important to us. Now, hereby, I'm introducing Father Lynch so that he can conclude our presentation. But before that, before to saying good-bye, I want to say this to you, thank you and we hope you will keep on helping us. And with the faith that we have, we will continue to go forward. With your help and with ours, too. 244 September 14, 1989 (Applause) Rev. Lynch: All the members of PACT are very happy to be here tonight. We are happy to have been able to meet with most of the Commissioners on our PACT plan. We are here because of the crisis of abandoned and open buildings that we are forced to live with. In short, crack houses in our neighborhoods. A lot of people are here tonight in the Commission Chambers and in various corners of City Hall. They are eagerly looking forward to your support of this plan to help us clean up Miami. We first presented the PACT plan on August 23rd to Mayor Suarez and Commissioner Dawkins, and thanked them for their attendance and their concern. That night, you agreed to direct the City Manager to develop a plan that addressed our concerns. A plan which included our steps. On September 6th, Mr. Odio presented his plan to our committee and members. So this plan you have before you tonight reflects the revisions we agreed to with the City Manager. Your office received copies of the plan today. I know it's been a long day for everyone, so I will just briefly go over the points. First point is bimonthly sweeps by Miami Building and Zoning in the designated areas. Point two is the appointment of a special enforcement coordinator. Point three, our third concern, deals with coordinating Chapter 17B. Mayor Suarez: Which, by the way, Father, you had at this meeting, requested it for the areas covered by PACT, but as we discussed that day, this is an idea that is worthwhile, not only in that area, but every area of the City. Not just one individual to be - for the whole City the enforcement coordinator, but specifically assign and responsible for a specific area, as we said that night, with name, phone number, we know who to go after - I don't mean that in a bad sense, but I mean we know who to seek and contact and so on. Rev. Lynch: And we appreciate your going above and beyond our request. One point of the concerns was 17B, is having the City of Miami's Building and Zoning Department refer cases to the Police Department. The Police Department would run a check on the addresses within two weeks. The Police Department would assign officers to accompany Miami minimal housing inspectors to document suspect buildings. Our fourth concern deals with the Code Enforcement Board, that it would use fines, that it would develop a plan for repeat offenders to get owners to secure their buildings and develop a process to block up buildings through the City. Point five, and this is a point that we want to be very clear on, is that the City of Miami needs to have it's own Unsafe Structures Board. In regards to the Miami Unsafe Structures Board, we urge that you take the following steps: Request a time on the next available Metro Commission agenda to obtain a change in Metro's Code, Section 85. Further, to urge the Metro Commission to actively participate in additional steps that may be required to empower the City of Miami to create its own Unsafe Structures Board. Until the Miami Unsafe Structures Board is operational, the City of Miami would pay for the cost of scheduling one day per month for Miami only through the Dade Unsafe Structures Board beginning October of 1989. We ask for your support of this plan to help clean up Miami. We ask that you vote for the plan tonight, and also that you vote for the monies necessary to make it work. Lastly, we look forward to you authorizing City officials responsible for the implementation of these steps to meet on a regular basis with PACT members to monitor and evaluate. We are not here tonight just as a one shot deal. We want to make it work. We appreciate all the time that you have given us, all the concern and we look forward to your support. (Applause) Mayor Suarez: Thank you Father. We slipped up on one item that we had hoped to be able to announce tonight to you, which was the two abandoned houses right across the street from the Parish Hall there. I just checked with my assistant, Warren Butler, who was with me that night and we had followed up on those two, and they were supposed to have been have gone through the Unsafe Structures Board of the County September 7th or 6th. I can't report to you whether they're now scheduled for demolition. I surely hope they are. Maybe you have better information than I do, Father. Rev. Lynch: We've received no word but they're still very much there. Mayor Suarez: OK, we had hoped to have the news for you on that because it seemed particularly tragic to have those right across the Parish lawn and the 245 September 14, 1989 school and that would have been a good news item to give you. This map that we hopefully have there~ illustrates what we, up to now in conjunction with the County, deem to be existing crack houses and in a different color, the ones that have already been knocked down. I show this to you so that you know, and I guess Father Menendez had gotten a smaller copy of it, so that you know that we have been before even your activities, have been trying to tackle this problem. I also show it to you so that you know that we probably are missing many in that map. In fact, I'm sure we are of the ones that are identified crack houses and we need - and this contradicts a little bit with one of your presenters last time said, that they don't want... we should not have to rely on you to give us the information. Actually, we cannot help but rely on you to a great extent. We need that information. There's no way for us to know at any time whether a house is being used properly or as a crack house, no matter how many sweeps we have, although we can certainly improve our record. And we do need to get constant input from you. All of us on this Commission can be contacted and the Manager's office, try to go through him first at 579-6040, and my number is 6010. I think I can tell you all the other Commissioners numbers too. But give us that information because I've also proposed a new code that would require regular reports by all landlords so that we know if people are, in fact, living in any place in the City of Miami and if they stop giving us the reports, we may have cause to be able to come in and take over the property. But we don't have that code in our books yet and I'm not even sure that we can do it. I hope we can. In the meantime, please don't stop giving us information. I know that it takes a lot of work. Some of you might even feel that it's a little risky to do it but we need to have that continuous flow of information to us. Father Sera. Father Sera: Mr. Mayor, I would like to clear up a misconception on that. Our people had very much felt as though the total task... Mayor Suarez: I understand. Father Sera: ...was being relegated to them. We have had many members of our parishes that have been harassed by neighbors. You know they've called in. Our rectory was set on fire a year ago in reprisal for some of the areas we called in. The effective means that we've found is that the parishioners call me and that's why some people hear from me and I report on behalf of the parish so please, you know, rest assured that that effort will continue. Mayor Suarez: I have one other question. What is my wife doing here with this group now with the little.......? (Applause) Mayor Suarez: All right... Father Sera: Mr. Mayor. Mayor Suarez: Commissioners. Father Sera: We may not be able to run for office but there's always hope for optional celibacy. Mr. Plummer: The reason she's here, Mr. Mayor, she found a house at 3060 So. Miami Avenue that she'd like to get destroyed. Mayor Suarez: All right, Commissioners. Mr. Manager, what do you recommend? Can you implement the whole plan? Mr. Odio: Yes, sir. Mayor Suarez: OK, I'll enter... (Applause) Mayor Suarez: I'll entertain... Mr. Plummer: Mr. Mayor... Mayor Suarez: Commissioner Plummer. 246 September 14, 1989 Mt. Plulebert ...flay I suggest, Father, that your one thing that we've been ttying to do for over a year and that is to get a minimum housing board in the City of Miami and there's been some reluctance on behalf of the county. I would suggest that everyone of these people, when we go before the county, — asking for permission to do such, that they appear to the county. Let the county know it's not just us asking, it's the community asking. Father Serat Mr. Commissioner... Mr. Plummer: So, we'll let you know when that meeting... Father Sera: ...we promise you we'll have twice as many present. } Mr. Plummer: That's great. Mr. De Yurre: Let me add... Mayor Suarezt Mr. Vice Mayor. Mr. De Yurret It is my understanding that I believe Tuesday, County Manager, Joaquin Avino, said, and I think there's a letter to that effect, that they were more than happy to let us have our own Unsafe Structures Board. So we don't have any problem with that. I think it's - Mr. Manager, how soon can we implement our board procedurally? Mr. Odio: What I was told is that we need state legislation to change it. So, that's what I was told and the last so - is that correct? To create our own... Mayor Suarez: Well, no, if the county didn't go along. Mr. Odio: If the county goes along, we still have to change the state legislation. That's what I was told. Mr. De Yurre: Even under the home rule? Mr. Odio: Now, what we requested from the county - let me get it - what we requested from the county three weeks ago is that they allowed a second meeting of the month just for the City of Miami. Mr. De Yurre: Meanwhile... Mr. Odio: Yes. Mayor Suarez: Yes. Mr. Odio: In meanwhile. But I know it takes legislation to change - to be able to have our own board. Mr. De Yurre: OK, then, do we have to make a motion at this time... Mr. Odio: Yes. Mr. De Yurre: ...approving the Unsafe Structures Board and directing the administration and the City Attorney's office to take whatever steps... Mayor Suarez: To pursue the legal ways of obtaining our own Unsafe Structures Board. Mr. Odio: Yes, I need one motion, Mr. Mayor, Commissioners, that would allow me the second meeting of the month, which would cost up to $300,000, but monies which we will get back through fees. Mayor Suarez: OK, but he's got a motion now to have the City have it's own Unsafe Structures Board and pursue the legal avenues to obtain that. Let's vote on that, please. Mr. Odiot OK. Mr. De Yurre: You got a second? 247 September 14, 1909 _ ..... '.w.k:....s=�._v.:._..- Mayor Suaret: And he'll vote on any funding that we need to cooperate with the county on a second monthly meeting from their Unsafe Structures Board. Commission Dawkins. Mr. Dawkins: Father, what was number five of your plan? Mayor Suarez: Did you second the motion....? Rev. Lynch: That the City of Miami would have its own Unsafe Structures Board. Mr. Dawkins: OK, now... Rev. Lynch: That... Mr. Dawkins: You see, we said we're going to implement the plan. Now, I just heard the Manager say we can't implement the plan unless you go through the State of Florida. So now, let's explain to the residents what we're doing. Rev. Lynch: No, we understand that. Mr. Dawkins: No, but... Mayor Suarez: Yes, let's clarify it, let's clarify it. Mr. Dawkins: OK... Mayor Suarez: OK, on number five, we are beginning the process of getting legal authority, whether its from the state or the county, of having our own Unsafe Structures Board. We don't want to do anything illegal. Mr. Dawkins: But I don't want anybody to leave saying that you told me you were going to do this and I can't do it till I go through the state. Mayor Suarez: And in the meantime, we're going to try to get that second extra monthly meeting from the county devoted totally to the City cases, right? Mr. Odio: That has been done. Mayor Suarez: OK. Mr. Odio: But I need you to approve that I can go ahead and spend the monies and then we the monies back through... Mayor Suarez: And we try to recover as much of it as possible. OK, we have motion and a second. Any discussion? If not, please call the roll. Yes, Vice Mayor moved it, Commissioner Dawkins seconded it. Mr. De Yurre: The motion is... Mr. Dawkins: I seconded it. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 89-839 A MOTION INSTRUCTING THE CITY ATTORNEY TO BEGIN THE PROCESS TO OBTAIN LEGAL AUTHORITY TO CREATE THE CITY OF MIAMI UNSAFE STRUCTURES BOARD. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: 248 September 14, 1989 t. AYBSe Commissioner J. L. Plummer, Jr. Coramiesioner M. Athalie Mange Comseissioner Miller Dawkins Vice Mayor Victor be Yurre Mayor Xavier L. Suarez NOBS: None. >.r ABSENT: None. (Applause) Mr. Fernandez: Mr. Mayor, that was... Mr. Plummer: Father, you might also be interested to know that the City Commission this morning, talked about and we are empowered to do such, of starting a second Code Enforcement Board because of the backlog of cases that we felt that the need might be there if we had a second board that we could handle them twice as fast as what we are today. The City Attorney is preparing the proper legislation to come back before this City Commission to establish at least one more, if not more, of these Code Enforcement Boards. Father Sera: Excellent Commissioner, thank you. (Applause) Mr. Dawkins: And we apologize for not taking you when we said, but we had the budget items, and the budget had to be passed tonight, so that's why we could not get to you earlier. Rev. Lynch: Right. No, we understand. Mr. De Yurre: Mr. Mayor... Mayor Suarez: Mr. Manager, do we need to take any more action? Mr. Vice Mayor. Mr. De Yurre: Yes, I think we need to deal with the issue of the cost and finding the funds and instructing the Manager to... Mayor Suarez: For the second meeting at the county is requiring us to do the funding on. Mr. Odio: It will be... Mayor Suarez: Now, hoping that we can recover most of them... Mr. Odio: If you say, up to $300,000 out of the Building and Zoning enterprise fund. Mr. De Yurre: Moved. Mayor Suarez: Moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? If not, call the roll. 249 T'ha following resolution 'vao introduced by Commissioner be Yurre, vho thaVed its adoption: RESOLUTION NO. 89-840 A RESOLUTION, WITH ATTACHMENT, APPROVING, IN PRINCIPLE, THE CREATION OF A CITY OF MIAMI UNSAFE STRUCTURES BOARD; ALLOCATING MONIES FROM THE BUILDING AND ZONING ENTERPRISE FUND FOR FUNDING AN ADDITIONAL MONTHLY MEETING BEFORE THE METROPOLITAN DADE COUNTY UNSAFE STRUCTURES BOARD FOR SAID BOARD TO CONSIDER ONLY CASES WHICH INVOLVE STRUCTURES LOCATED IN THE CITY OF MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO DETERMINE WHETHER THE CITY CAN AGAIN ENFORCE ITS MINIMUM HOUSING STANDARDS AND RECREATE A MINIMUM HOUSING APPEALS BOARD; APPROVING THE HEREIN ATTACHED PLAN DATED AUGUST 23, 1989 SUBMITTED BY PEOPLE ACTING FOR COMMUNITY TOGETHER (P.A.C.T.); AND 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.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. (Applause) Mr. De Yurre: One other item also. Mayor Suarez: Yes, Mr. Vice Mayor. Mr. De Yurre: Instructing the City Attorney to move quickly to find out the legal status as to what steps we have to take. If we have to go to Tallahassee, we have that special session coming up... Mayor Suarez: Yes. Mr. De Yurre: ...and to get our lobbyist to go up there and try to get that approved immediately. Mayor Suarez: I don't want to imply that that is going to be easy, because I think the special sessions called for a specific purpose, but we'll see, who knows? Mr. Odio: Mr. Mayor, the Code Enforcement Board members were here all day and they wanted them to know that, that they are concerned. They have volunteered to increase the number of meetings from one a month... Mr. De Yurre: Two, they meet twice. Mr. Odio: ...to one every week. To take... Mr. Plummer: Right. Mayor Suarez: To four a month. Wow. That's magnificent. Mr. Odio: Take a hundred cases a week, if necessary, to clean up the backlog of structures. F i 250 September 14, 1989 F Mayor Suareae I think a lot of City employees are going to be working very hard. Mr. Odio: Yee. Mr. Dawkins: And, Mr. Mayor... Mayor Suarez: All right. please. Wowl Four. r (Applause) k; Mr. Dawkins: I'd like to make a motion that one of the legislative priorities that we give to our lobbyist for the incoming legislative session, be getting Al permission to establish our own board and... Mayor Suarez: Unsafe Structures Board, right. Mr. Dawkins: Unsafe Structure Board and let the lobbyists know that that is a top priority with us. So, I make a motion. Mayor Suarez: Yes, in fact, today their contract was approved, so they ought _ to get moving on it right away. So moved. Ms. Range: Mr. Mayor... Mr. Plummer: Let me ask a question. Mr. Dawkins: Yes, Mr.... Mr. Plummer: Go ahead, I'm been in... Ms. Range: No, no, you go right ahead. Mayor Suarez: Commissioner Range. Commissioner Plummer, she yields. Ms. Range: No, it's pertaining to this. Mr. Plummer: Mr. Manager, are we going only half way in the Unsafe Structures Board, one of times that I had some qualms about turning something over to the county, I now have more. And that is, in the minimum housing. If we brought that back within the City, that we would have greater control over minimum housing, which I think goes hand in hand with the Unsafe Structures, and I think that if we're smart, that we ought to address both of the issues because I know the first person that we're going to cite is Dade County HUD as not meeting the minimum housing standards. Mr. Odio: It might be a very good idea. Let me look into that and I'll report back to you at the next Commission Meeting. Mr. Plummer: I think it's important. Mr. Odio: We can do it. Mayor Suarez: All right, thank you, Father. Ms. Range: All right, Mr. Mayor... Mr. Mayor... Mayor Suarez: Thank you, God. Yes, Commissioner Range, Ms. Range: I realize that this is the close of the meeting, but I have just one issue that relates to unsafe structures. Mayor Suarez: Please. Ms. Range: And I think we'll just say it while the group is here. On yesterday, we took down or demolished a building that at one time had been a show place in the City of Miami and, of course, over the years, it deteriorated and after many, many hours, days and months, I guess, of effort on the parts of the owners as well as the parts of the City of Miami demolishing department, we had to lose that building. That's regrettable because it was a landmark here in the City. Nevertheless, it had to go down. Mr. and Mrs. Wright are here tonight, Mr. and Mrs. Sonny Wright, and they've 251 September 14, 1989 etab to simply say to the Commission that even though they tried very hard to save this building, there's no animosity on their part because the building eventually had to be destroyed. It had become a haven for crack addicts just as you're fighting against, go, don't feel it's only in your areas or our areas because I live in the midst of the ghetto myself and I know. So, I'm going to ask if Mr. Sonny Wright and his wife will come forward now and say whatever they have to say and while Ms. Fuentes is here, I'm going to ask if she will reiterate what was said at the meeting on yesterday in the efforts to help them to rebuild. Mr. Wright. Mayor Suarez: And, ma'am, if you also want to add anything. Ms. Lorraine Dunn Glispin: Yes, I do. Mayor Suarez: It is Mrs. Gleekel, isn't it? Ms. Glispin: Lorraine Dunn Glispin. Mayor Suarers Lorraine Dunn. Ms. Glispin: I am president of the Little River Commerce Association which has been reactivated. I came to tell you that we are heartedly behind the effort of PACT and that you can count us for any assistance that you might need. Mayor Suarez: Thank you, Lorraine. (Applause) Mr. Dawkins: While Mr. Wright is coming, can we get a vote on my motion, Mr. Mayor, please. Mayor Suarez: Yes, please, call the roll on Commissioner Dawkins' motion. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 89-841 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT OUR TALLAHASSEE LOBBYISTS TO GIVE PRIORITY TO EFFORTS OF = OBTAINING PERMISSION TO CREATE A CITY OF MIAMI UNSAFE s STRUCTURES BOARD. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner M. Athalie Range Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. (Applause) Mayor Suarez: Sonny. Mr. Sonny Wright% Thank you, Mrs. Range. Mr. Mayor, members of the - excuse me - members of the Commission, Commissioner De Yurre, Commissioner Dawkins, Commissioner Plummer, Mrs. Range and Mayor, again. Sometimes you try things. Sometimes they work, sometimes they don't. I feel, as a lot of you felt, that it was worth an effort to try to save the Carver Hotel, I came before you and asked you if you would cooperate and you did cooperate. We did the best we could, we did not succeed, were not able to save the hotel. However, I still feel that the efforts that was extended by you, Miller Dawkins, Commissioner Dawkins, in allowing the item to come up as a pocket item and you, Mrs. Range, coming in at the eleventh hour doing what you could to see if we couldn't have some final way which we could work it out, and to City Manager, Odio, my good 252 September 14, 1989 friend, Cesar. You tried, and I want you to know I appreciate it, and Sergio, even though I was very persistent and I had to be because I recognized we had a problem, Mrs. Fuentes, I realize that, at times, maybe I was pushing very hard but we did what we thought we had to do. Unfortunately, the building was not able to be saved. I would like to just simply say that, Grantland Rice once said, "it's not so much whether you win or lose, but how you play the game that counts." and I'm not too sure I ever really understood the meaning of that. But I do understand the importance of coming here tonight and to tell all you good people that even though we did not succeed in that effort, that there is really no business nor animosity, no hard feelings, but simply to say to you that we did try and you tried, and I wanted you and all the people that within the sound of my voice to know and to be assured that we do appreciate the effort. I would to simply say that as a result of our last minute effort, which came about as a result of Mr. Rodriguez, Sergio, acting upon the orders of Mr. Cesar Odio, meeting with Mrs. Fuentes in her office, my wife, Mrs. Range, who brought about the meeting with the City Manager in the last effort to try to save the building. That we did, I feel, establish something that could be very positive and Mrs. Fuentes maybe and Mrs. Range could maybe talk about that at a later date, because I know it's late and I know you want to go home. But let me just simply say to you all that we're hopeful that this will be the beginning of something very positive, and that we can participate in rebuilding what we consider to be a very significant part of the history of Miami. And, in closing, let me just simply say that I've been compared to Don Quixote as of late, champion of lost causes. Let me just quote from Theodore Roosevelt something that I think we all should be aware of as we proceed to pursue the things that are important to us. What he said was, "It's not the critic who counts, not the man who points out how the strong man stumbled or whether the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, who's face is marred with sweat, dust and blood, who strives valiantly, who errors and falls short again and again. Who knows the great devotion, the great enthusiasm and spends himself in a worthy cause. Who, at his best, knows the triumph of high achievements and if he fails, at least fails while daring greatly, so that his place shall not be with those cold and timid souls who knew neither victory nor defeat." Mayor Suarez: ...timid souls - victory nor defeat. Mr. Wright: So, to all of you, I say again, thank you. Tomorrow is another day and I'll be here and I'll work with you and I appreciate your cooperation. Thank you. Mayor Suarez: Thank you, Sonny. Thank you for the beautiful quote. (Applause) Mayor Suarez: OK, Father. Last statement. You know... Rev. Lynch: Mr. Mayor, Commissioners... Mayor Suarez: If this was necessary, I gather it must have been pretty harsh at one point, go ahead, Father. Rev. Lynch: Mr. Mayor and Commissioners, on behalf of the PACT organization I wish to thank you for having spent the number of hours you did meeting with us, the heated exchanges and the pleasant exchanges. Especially want to thank Mr. Cesar Odio, the City Manager as well. We feel this is an excellent beginning, we appreciate your support and we do pledge that we will be working in partnership with you. Mayor Suarez: All right, Father, thank you very much. God bless you all. We are adjourned. Are we not? I hope, yes. You've sealed and ended our Commission Meeting. We are now adjourned, Lorraine. (Applause) 253 September 14, 1989 7 CITY OF MIAMI DOCUMENT INDEX himnmmm PAW mm. 1 Of EXTEND TIME REQUIRED TO PURCHASE PERSONAL PROPERTY AND EQUIPMENT WITH THE PROCEEDS FROM THE ISSUANCE OF $16,175,000 CERTIFICATES OF PARTICIPATION SE- RIES 1986. SEPTEMBER 14, 6 MAKE PROVISIONS FOR HOLDING A NONPARTISAN PRIMARY ELECTION ON NOVEMBER 7, 1989 FOR THE NOMINATION OF CANDIDATES FOR THE OFFICES OF MAYOR AND TWO COMMIS- SIONERS AND A LATER GENERAL ELECTION ON NOV 14,1989 IF NECESSARY, PROVIDING FOR REGISTRATION OF QUALI- FIED VOTERS - DESIGNATING CITY CLERK AS OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION; ETC. ACCEPT BID OF LANKFORD EQUIPMENT COMPANY, INC.- FOR FURNISHING OF ONE HEAVY DUTY TIRE CHANGER FOR THE DEPT OF FIRE, RESCUE AND INSPECTION SERVICES/ FIRE GARAGE. ACCEPT BID OF MUNICIPAL EQUIPMENT COMPANY, FOR FUR- NISHING OF FIRE/FIGHTING PROTECTIVE CLOTHING FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTIONS SERVICES. ACCEPT BID OF M.RUBIN & SONS, INC FOR FURNISHING OF TWO HUNDRED (200) COLD WEATHER UNIFORMS JACKETS FOR THE DEPT OF FIRE, RESCUE AND INSPECTION SERV- ICES ACCEPT BID OF COUNTS MEDICAL EQUIPMENT FOR FURNISH- ING OF PORTABLE EMERGENCY MEDICAL SUCTION UNITS AND REPLACEMENT CONTAINERS FOR THE DEPT OF FIRE, RESCUE AND INSPECTION SERVICES/ RESCUE DIVISION. ACCEPT BID OF HIALEAH MC ALUMINUM -FOR FURNISHING OF THIRTY NINE (39) ALUMINUM MEDICAL SUPPLY BOXES FOR THE DEPT OF FIRE, RESCUE AND INSPECTION SERVICES. ACCEPT BID OF VIYELLA COMPANY FOR RE -ROOFING OF THE SHENANDOAH PARK RECREATION BUILDING FOR THE DEPT OF GENERAL SERVICES ADMINISTRATION. ACCEPT BID OF MOTOROLA C & E.,INC , FOR FURNISHING OF ONE (1) RADIO PAGING TRANSMITTER FOR THE DEPT OF GENERAL SERVICES ADMINISTRATION. ACCEPT BID OF PROTECT SERVICE, INC - FOR FURNISHING AND INSTALLATION OF A 30-ZONE ANNUNCIATOR PANEL AND PIR INFRARED UNITS AT THE DEPT OF FIRE, RESCUE AND INSPECTION SERVICE ADMINISTRATION BLDG. ACCEPT THE RFP OF PALM PETERBILT GMC TRUCKS, INC - FOR FURNISHING OF THREE (3) RECYCLING COLLECTION VEHICLES TO THE SOLID WASTE DEPT AT A TOTAL PRO- POSED COST OF $275,904.00 OVAL C-C R 89-756 R 89-757 R 89-758 R 89-759 R 89-760 R 89-761 R 89-762 R 89-763 R 89-764 R 89-765 R 89-766 DOCUMENT INDEX ACCEPT BID OF TALQUIN IRRIGATION PIPE & SUPPLY FOR FURNISHING TORO SPRINKLER SYSTEM PARTS FOR THE DEPT OF PARKS, RECREATION AND PUBLIC FACILITIES. ACCEPT BID OF ACTION TARGET SYSTEM- FOR FURNISHING OF FIRING RANGE RENOVATION FOR THE DEPT OF POLICE ($51,688.00) AUTHORIZE PURCHASE OF ADDITIONAL MICROCOMPUTERS AND PERIPHERAL EQUIPMENT FROM UNISYS CORP.($4,267.40) AUTHORIZE PURCHASE OF ADDITIONAL MICROCOMPUTERS AND PERIPHERAL EQUIPMENT FROM UNISYS CORPORATION FOR THE DEPT OF LAW ($13,111.95) APPROVE AMENDMENT TO COST SHARING CONTRACT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR RETRO- FITTING STORNWATER BASINS. EXECUTE AGREEMENT WITH FLORIDA INTERAMERICAN FILM, VIDEO, T.V. AND RECORDING ASSOCIATION ($30,000) IN SUPPORT OF INTERAMERICAN CO -PRODUCTION MARKET AND CONFERENCE '89 EXECUTE AGREEMENT WITH O'LEARY, BROKAW AND ASSOCI- ATES, INC. TO CONDUCT FIVE CAPTAIN AND CHIEF FIRE OFFICER ASSESSMENT CENTERS. ($38,300.) ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF THE ORANGE BOWL STADIUM BY CELLAR DOOR CON- CERT, INC.FOR PRESENTATION OF UP TO 2 CONCERTS AT SAID STADIUM. ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF THE ORANGE BOWL STADIUM BY THE MIAMI SEN- IOR HIGH SCHOOL AND OTHER DADE COUNTY SCHOOLS IN MIAMI,FOR HIGH SCHOOL FOOTBALL GAMES DURING '89 FOOTBALL SEASON. ALLOCATE $21,353 OF THE 15th YEAR COMMUNITY DE- VELOPMENT BLOCK GRANT FUNDS TO THE MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, TO OPERATE A SEN- IOR ADULT DAY CARE CENTER AT LEGION PARK; AND $55,892 TO -COCONUT GROVE FAMILY HEALTH CARE, INC. -FOR PROVISION OF PRIMARY HEALTH CARE PROGRAM. ACCEPT A FEDERAL HISTORIC PRESERVATION GRANT-IN- AID ($4,500) FROM DEPT OF STATE,DIVISION OF HIS- TORICAL RESOURCES, TO PROVIDE HISTORIC PRESERVA- TION WORKS REGARDING SURVEYING OF BUNGALOWS IN LITTLE HAVANA: ETC. APPROVE THE CITY OF MIAMI'S 1989-90 COMPRENHENSIVE HOMELESS ASSISTANCE PLAN (CHAP)- AUTHORIZE SUBMIT- TAL TO USHUD. CONCERNING THE LITTLE HAVANA UNITED WAY KICKOFF EVENT, A DOMINO TOURNAMENT TO BE CONDUCTED BY THE UNITED WAY IN CONJUNCTION WITH SOUTHERN BELL PAGN 2 RETWVALffm R 89-767 R 89-768i R 89-769 R 89-770 R 89-771 R 89-772 R B9-773 R 89-774 R 89-775 R 89-776 R 89-777 R 89-778 R 89-779 DOCUMENT INDEX GRANT REQUEST BY COCONUT GROVE BICYCLE CLUB, INC. FOR STREET CLOSURES - FOR 18th ANNUAL GREAT COCONUT GROVE BICYCLE RACE. GRANT REQUEST FOR STREET CLOSURES - FOR 1989 ORANGE BLOSSOM CLASSIC PARADE - ESTABLISH AREA PROHIBITED TO RETAIL PEDDLERS. GRANT REQUEST FOR STREET CLOSURES - FOR PAELLA '89 ESTABLISH PEDESTRIAN MALL - AUTHORIZE BEER AND WINE PERMIT - ESTABLISH AREA PROHIBITED TO RETAIL PEDDLERS. GRANT REQUEST FROM FRIENDS OF GERMANY, INC. FOR STREET CLOSURES - FOR FOURTH ANNUAL OKTOBERFEST - AUTHORIZE BEER AND WINE PERMITS. AUTHORIZE USE OF STREETS T FOR AV-MED COCONUT GROVE 5 MILER TO BE CONDUCTED BY MIAMI RUNNERSf INC. ON OCTOBER 7, 1989 ACCEPT PLAT: "MATILDA GROVE". AMEND RESOLUTION 89-645 - WHICH APPROPRIATED $250,000 FROM 1989790 CDBG/STREET IMPROVEMENT FUND - REDIRECT FUNDS TO BE APPROPRIATED FROM SALE OF LAND TO MIAMI- DADE COMMUNITY COLLEGE FOR THE PLANNED PROCESS ECON- OMIC DEVELOPMENT PROPOSAL - EXECUTE AGREEMENT WITH BLACK ECONOMIC DEVELOPMENT COALITION- IMPLEMENT COM- PREHENSIVE ECONOMIC DEVELOPMENT PROGRAM IN THE BLACK COMMUNITY . ACCEPT BID: BERGER SECURITY - FOR FURNISHING ARMED AND UNARMED SECURITY GUARD SERVICE FOR PARKS DEPT. ALLOCATE $80,000 OF 1989 EMERGENCY SHELTER GRANT FUNDS TO METROPOLITAN DADE COUNTY - FOR OPERATION OF BECKHAM HALL RESIDENTIAL SHELTER FOR THE HOMELESS *. AUTHORIZE NEGOTIATION OF AGREEMENT. AUTHORIZE THE CONTINUED PROVISION OF FIRE, RESCUE AND INSPECTION SERVICES BY THE CITY TO METROPOLITAN DADE COUNTY PORT OF MIAMI - DIRECT FIRE CHIEF TO NEGOTIATE MINIMUM REQUIRED ANNUAL FEE WITH THE COUNTY,' DESIGNATE COMMISSIONERS PLUMMER AND DAWKINS TO PARTIC-� IPATE IN NEGOTIATIONS. DESIGNATE'$300,000 FROM GAS FRANCHISE FEES- IN LIEU OF MIAMI ARENA ANNUAL RENT PAYMENTS - AS PERMANENT REVENUE SOURCE FOR SOUTHEAST OVERTOWN/PARK WEST TRUST FUND FOR ISSUING TAX INCREMENT REVENUE BONDS TO UNDER- TAKE NEW PROJECTS IN SOUTHEAST OVERTOWN/PARK WEST AREA' EXPRESS POLICY OF CITY COMMISSION TO EMPHASIZE SAFETY ' OPTIMIZE TOTAL COST ASSOCIATED WITH ACQUISITION/OPER- ATION/DISPOSAL OF FLEET OF MOTOR VEHICLES AND EQUIP- MENT - DEFINE AND ENFORCE COST-EFFECTIVE FLEET RE- PLACEMENT STANDARDS, ESTABLISH SPECIAL CHARGES/TERMS/CONDITIONS FOR USE OF SEMINOLE BOAT RAMP/DINNER KEY LAUNCHING AREA - IN CON- NECTION WITH MIAMI BOAT SHOW IN THE GROVE. i PAGE 3 OF 6.= R&TRIEVAL R 89-782 R 89-783 R 89-784 R 89-785 R 89-786 .� R 89-787 R 89-,789 R 89-790 R 89-791 R 89-792. R 89-793 R 89-794 R 89-796 DOCUMENT INDEX - PAGE 4 0- ME DOCUMENT QENTF"TiQN RETR�YA - ESTABLISHING A CITY COMMISSION POLICY GOVERNING DONA- R 89-7t7 TION OF WEAPONS PREVIOUSLY ISSUED FOR SWORN PERSONNEL OF MIAMI POLICE DEPARTMENT. =_ APPOINT DANIEL PEREZ-ZARRAGA TO CODE ENFORCEMENT BOARD R 89-80 TO SERVE A TERM ENDING FEBRUARY 10, 1990. MR. PEREZ- ZARRAGA REPLACES RAUL GONZALEZ-VIERA. WAIVE CODE PROHIBITION FOR PROCUREMENT OF PROFESSIONAL R 89-80 SERVICES OF JOSE FABREGAS AS DEVELOPMENT CONSULTANT AND CONSTRUCTION SUPERVISOR OF CITY -SPONSORED SCATTER- ED SITE AFFORDABLE HOMEOWNERSHIP PROGRAM, THE ST.HUGH = OAKS VILLAGE PROJECT AND MELROSE NURSERY. =_ AUTHORIZE AGREEMENT•WITH JOSE YNBREGAS FOR PROFESSION- R 89-80 AL DEVELOPMENT, CONSULTANT AND CONSTRUCTION SUPERVISOR SERVICES FOR DEVELOPMENT AND CONSTRUCTION OF CITY - SPONSORED SCATTERED SITE AFFORDABLE HOMEOWNERSHIP PRO- GRAM, THE ST. HUGH OAKS VILLAGE PROJECT AND MELROSE NURSERY. DECLARING UNIFIED DEVELOPMENT PROJECT AS MOST ADVANTA- R 89-80- _- GEOUS METHOD OF DEVELOPING CITY -OWNED PROPERTY (MIAMI _- MARINE STADIUM) FOR RESTAURANT/MARINE SERVICES USES. AUTHORIZE R.F.P. FOR A U.D,P.-SET PUBLIC HEARING. DECLARING UNIFIED DEVELOPMENT PROJECT (U.D.P.) AS MOST R 89-807- ADVANTAGEOUS METHOD OF DEVELOPING CITY -OWNED LAND (FEC TRACT AND ADJACENT DEEP WATER SLIP AND THE BICEN- TENIAL PARK) -AUTHORIZE REQUEST FOR PROPOSAL FOR A U. D.P. FOR DEVELOPMENT OF SPECIAL PUBLIC ATTRACTIONS, MARITIME FACILITIES AND SERVICES, PUBLIC PARK, FOOD _ AND ENTERTAINMENT SERVICES - SET PUBLIC HEARING. APPROVE, IN PRINCIPLE, THE 1989-1995 CAPITAL IMPROVE- R 89-806 MENT PROGRAM AS A GUIDE TO CITY AGENCIES, BOARDS AND DEPARTMENTS. ALLOCATE $10,000 TO AMIGOS DE CLAUDE PEPPER, INC.(TO R 89-807 1 BE PAID ON A REIMBURSEMENT BASIS) - FOR PLACEMENT OF STATUE IN JOSE MARTI PARK. WAIVE CODE PROHIBITION (SECTION 2-302)- AS IT APPLIES R 89-808`` TO ROBERT F. CLARK, PRIOR ASSISTANT CITY ATTORNEY. AUTHORIZE CITY ATTORNEY TO ENGAGE SERVICES OF ROBERT R 89-809 F. CLARK AS SPECIAL COUNSEL - IN MATTERS RELATED TO LEGISLATION AND SPECIAL PROJECTS ($61,000.) DENY APPEAL OF MARTIN SUSKIND - UPHOLD DECISION OF R 89-810 PUBLIC WORKS DEPARTMENT'S DECISION NOT TO GRANT RE- NEWAL OF SIDEWALK CAFE PERMIT FOR LA BREAD STATION. - EXECUTE AGREEMENT WITH TERREMARK AT DINNER KEY, INC R 89-81L FOR EXHIBITION/DISPLAY OF AVIATION ARTIFACTS AS PART OF "CITY OF MIAMI AVIATION HISTORIAL MUSEUM EXHIBIT". AUTHORIZE AMENDMENT TO CONCESSION AGREEMENT BETWEEN R 89-812 THE CITY AND JERRY'S, INC. TO TERREMARK AT DINNER KEY, INC. - AUTHORIZE DELETION AND REPLACEMENT OF EXHIBIT C OF AGREEMENT FOR A NEW EXHIBIT C-1 - AUTHORIZE MAN- AGER TO DESIGNATE AREA IDENTIFIED IN NEW EXHIBIT C-1 AS PARKING AREA TO BE PROVIDED BY THE CITY AND IM- PROVE BY THE TENANT (PURSUANT TO LEASE AGREEMENT BE- TWEEN CITY OF MIAMI AND BAYSHORE PROPERTIES, INC.,AND ASSIGNED BY BAYSHORE PROPERTIES, INC. TO GROVE MARKET LTD.). DOCUMENT INDEX PAGE 5 OF GRANT REQUEST BY CARNIVAL DEVELOPMENT COMMITTEE FOR STREET CLOSURE - CONCERNING COLUMBUS DAY WEEKEND PA- RADE . AUTHORIZE MANAGER TO ACQUIRE (BY NEGOTIATED PURCHASE) THE FEE SIMPLE TITLE TO PROPERTY LOCATED ON N.W. 34TH. TERRACE BETWEEN N.W. 1ST. AND 2ND. AVENUES - IN ORDER TO EXPAND ROBERTO CLEMENTE PARK. AUTHORIZE USE OF THE FLORIDA EAST COAST RAILWAY PROP- ERTY BY CIRCUS TIHANY SPECTACULAR, INC. - FOR PRESENT- ING THE CIRCUS. AUTHORIZE NEGOTIATION OF A $250,000 LOAN TO TEATRO MAR- TI - PROPOSED AGREEMENT TO BE BROUGH BACK TO THE COM- MISSION FOR FINAL APPROVAL. EXTEND DATE ON WHICH MERRILL-STEVENS DRY DOCK CO. MUST VACATE CITY -OWNED PROPERTY AT 2640 SOUTH BAYSHORE - WITH PROVISOS. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH HOLLAND & KNIGHT TO SERVE AS THE CITY'S TALLAHASSEE LEGISLA- TIVE CONSULTANT SERVICES. AUTHORIZE ALLOCATION OF $25,000 FROM FOR ELECTED OFFI- CIALS WHO NEED TO UNDERTAKE LOBBYING EFFORTS DURING LEGISLATIVE SESSIONS. AUTHORIZE LEASE AMENDMENT WITH OVERTOWN VENTURES,INC. AMENDING SECTIONS II, TERM OF LEASE AGREEMENT, VII CONSIDERATION, VIII RENT COMMENCENT, SECTION-XXXVI, GROSS RECEIPTS AND XXXVII OPENING DATE.THIS LEASE AGREEMENT COVERS THE GROCERY STORE IN THE OVERTOWN SHOPPING CENTER. AMEND RESOLUTION 89-288 - INCLUDE AUTHORIZATION FOR GUARD GATE IN COMMISSION'S APPROVAL OF SPECIAL TAXING DISTRICT FOR BELLE MEADE ISLAND. DETERMINE SECURITY/STREET MAINTENANCE SERVICES BE PRO- VIDE IN FLAGLER/CORE AREA SECURITY DISTRICT - SPECIAL IMPROVEMENT DISTRICT - LEVY SPECIAL ASSESSMENTS. DIRECT MANAGER TO ALLOCATE $300,000 FOR FIVE YEARS AS CITY'S SHARE TOWARD CONSTRUCTION OF JACKSON MEMORIAL HOSPMTAL TRAUMA CENTER, WITH PROVISO. AUTHORIZE TRANSFER OF $350,000 TO DOWNTOWN DEVELOPMENT AUTHORI'fY'- AS ADVANCE PAYMENT OF AD VALOREM PROCEEDS. APPROVE/ADOPT ANNUAL BUDGET OF DEPT OF OFF-STREET PARKING ( FISCAL YEAR 1989-90) . DISCUSS AND APPROVE 1989-1993 DEPARTMENT OF OFFwSTREETi PARKING'S FIVE YEAR PLAN. APPROVE ANNUAL BUDGET OF WORLD TRADE CENTER GARAGE (FISCAL YEAR 1989-90) APPROVE ANNUAL BUDGET OF DOWNTOWN GOVERNMENT CENTER GARAGE (FISCAL YEAR 1989-90) IMTMVAL R 89-81 R 89-81 R 89-81- R 89-82� R 89-82= R 89-82 R 89-82- R 89-82- R 89-82 R 89-82 R 89-83 R 89-83 R 89-83 R 89-83 R 89-83 R 89-83 APPROVE ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET it 89-83 PARKING (FISCAL YEAR 1989-90) PROVIDE FOR OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING, APPROVE ADMINISTRATIVE BUDGET OF MIAMI SPORTS AND R 89-83 EXHIBITION AUTHORITY (FISCAL YEAR 1989-90) INSTRUCT CITY ATTORNEY TO OBTAIN LEGAL AUTHORITY R 89-84, TO CREATE A "CITY OF MIAMI UNSAFE STRUCTURES BOARD". ALLOCATE $300,000 TO FUND PROPOSED "CITY OF MIAMI UNSAFE STRUCTURES BOARD." - DIRECT TALLAHASSEE LOBBY- ISTS TO GIVE PRIORITY TO EFFORTS CONCERNING PROMOTION OF "CITY OF MIAMI UNSAFE STRUCTURES BOARD".