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CC 1988-09-08 Minutes
OF MI MIL ES u v YK MY CITY ryp .rl__ x �. IP 12 IMDEE Elf MI OF REGULAR MEETING CITT COMMIssIOM OF MI►MI, FLORIDA summsER 8, loss ITEM SUBJECT LEGISLATION PA"MO. MO. -- -------- 1. -- OF MEETING DATE - BRIEF DISCUSSION 1-2 SSION AND TEMPORARY DEFERRAL OF 9/6/88 DISCD PROPOSED CHANGE OF MEETING DATE (SEE LABELS 4, 6, AND 38). _. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION USSSION 2 SPECIAL ITEMS 3. 4. S. 6. 7L. 73. 73.1 7B. 2 78.3 72.4 PROPOSAL CONCERNING DISCUSSION OF MOST DISCUSSION IMPORTANT AGENDA ITEMS EARLIER IN THE 9/8/88 MEETING TO BE HEARD BEFORE 9200 P.M. CHANGE OF MEETING DATE - CONTINUED DISCUSSION DISCUSSION AND TEMPORARY DEFERRAL OF 9/8/86 PROPOSED CHANGE OF MEETING DATE (SEE LABELS 1, 6 AND 38) BAYSIDB CZMR LIMITED PARTNERSHIP - R 86-764 AUTHORIZE ISSUANCE OF REVOCABLE PERMIT M 88-765 FOR USE OF TWO BERTHS ADJACENT TO 9/6/88 BAYSIDE SPECIALTY CENTER TOR MOORING OF TWO SHOVBOAT CHARTER CRUISE VESSELS. CHANGE OF KEETING DATE - SEPTEMBER 22 R SS-766 To SEPTEMBER 27, 1988 (SEE LABELS 1, 9/Q/8d AND 38) 1r=TH ANNUAL VEST INDIAN AMERICAN R 88-767 MIAMI CARNIVAL - AUTHORIZE STREET 9/8/86 CLOSURES. CONSENT AGENDA ACCEPT BID: D.L. KIRBY. INC. - FURNISH AND INSTALL PLAYGROUND EQUIPMENT IN 18 CITY PARKS. ACCEPT BID: ME" MACHINERY, INC. - FURNISH ONE BACKHOE/FRONT END LOADER TO DEPARTMENT OF GSA. ACCEPT BID: GENERAL HYDRAULICS DIVISION OF LOR, INC. - FURNISH 40 HYDRAULIC VALVES TO DEPARTMENT OF GSA . LATIN CHAMBER OF COMMERCE, INC. - EXECUTE AGREEMENT IN 8©PPORT OF 1980-89 AMs1ATIC ACTIVITIES (W TOR T LARIAT w in UNdis iSRIC Coverm '01F LATO Cnammm OT COMMINCI AMD i11VAWV. IN I,p�l WA'-1cm of In calmness. 3-4 4-S S-8 9 10-11 11-12 12 R 88-769 12 9/8/88 R 86-770 9/6/ss R 8s-771 9/6/8s m �.5 ERM-SOUTH, INC. - EXECUTE AMENDMENT TO R 88-772 1! AGRROUXT - PROFESSIONAL 2Z1tVICES AND 9/9166 INITIAL REMEDIAL ACTION (PHASE II) EMVIROMMENTAL ASSESSMNTS OF BLOCKS 24, 37, 46 AND 55 OF SOUTHEAST OYRNTONN/PARK WEST COMMUNITY REDtVELOPMENT AREA. 72.6 1984 UNIVERSITT OF MIAMI HOME FOOTBALL R 86-773 13 GAMES - AUTHORIZE PURCHASE OF 200 9/8/88 RESERVED SEASON TICKETS FOR UNDERPRIVILEGED INNER CITY YOUTH. 73.7 ACCEPT 19 DEEDS OF DEDICATION FOR R 68-774 14 !HIGHWAY PURPOSES - APPROVE RECORDING. 9/8/86 71.$ ACCEPT PLAT: PARK LANE AT THE GROVE. R 88-775 14 9/8/88 73.9 ACCEPT PLAT: COLLM M'S SUBDIVISION. R 88-776 14 9/6/86 72.10 ACCEPT GRANT FOR RENOVATION OF THE R 88-777 14 MANUEL ARTIME COMMUNITY CENTER PHASE II 9/6/88 ($200,000) FROM FLORIDA DEPARTMENT OF STATE DIVISION OF CULTURAL AFFAIRS, BUREAU OF STATE PROGRAMS. 72.11 MIAMI JEWISH HONE AND HOSPITAL FOR THE R 88-778 is AGED, INC. - ALLOCATE $30,000 TO 9/6/68 OPERATE THE DOUGLAS GARDENS SENIOR ADULT DAY CARE PROGRAM AT LEGION PARK. 72.12 APPROVE EXTENSION OF EMPLOYMEMT: CARMEN R 88-779 i5 CRUZ (TYPIST CLERK II, DEPT. OF 918/88 POLICE) . =` 72.13 1988 ORANGE BLOSSOM CLASSIC PARADE - R 88-780 15 AUTHORIZE STREET CLOSURES - ESTABLISH 9/8/88 PEDESTRIAN MALL - RESTRICT AREA OF RETAIL PEDDLERS. 72.14 COLUMBUS DAY WEIMM PARADE - AUTHORIZE R 68-781 14 STREET CLOSURES. 9/6/68 73.15 PAELLA 88 - AUTHORIZE STREET CLOSURES - R 88-792 16 PERMIT SALE OF BEER AND WINE - 9/8/68 ESTABLISH PEDESTRIAN MALL - ESTABLISH AREA PROHIBITED TO RETAIL PEDDLERS. 8. IGLESIA CATOLICA ANGLICANA SANTA DISCUSSION 16-18 BARBARA - BRIEF DISCUSSION AND DEFERRAL. 9/8/88 OF PROPOSED RESOLUTION RECOGNIZING TAX : 93MIPT STATUS CLAIMED. *x 9. GROVE KEY MARINA, INC. — AV=OltIEE RENT R u-70$ 15-37 ALL'' PAIMM ASA?MMT (POM RRPAZU = TO 9/4%44' # TW =12TIYG HANGARS) AM X00Ct7!'MOM OF' G�Ot.LATiRAL ASSIGNIM IBM= GSfS't1M -WX 11ARMA, INC. WITH CO=M 0110'i1M AM r a�� PUMANT TO LEASE Aft. U. A�aWT Moo 14. Ate, 01c. � � #w- or 0". r t M r• ' r." �. iLks� i���� 11. MARTIN'S LAMAR UNIFORMS - DISCUSS AND N 88-705 19-32 D%M - DIRECT ADMINISTRATION TO PLACE 9/8/88 $62,000 IN A RESERVE ACCOUNT TO BE SPENT ONLY FOR UNIFORMS AT THE CITY COMMISSION'S DISCRETION. It. SRARPTON, BRUNSON AND COMPANY - ACCEPT R 88-766 32-33 RECOMMENDATION OF CITY MANAGER TO 9/8/88 AUTHORIZE NEGOTIATIONS TO PROVIDE AUDITING SERVICES TO DEPARTMENT OF INTERNAL AUDITS AND REVIEWS. 13. RATMOND JAMES AND ASSOCIATES, INC. AND R 66-767 33-40 1MOWARD GARY AND COMPANY - ACCEPT 9/8/88 PROPOSAL AND AUTHORIZE EXECUTION OF AGREEMENT FOR PROVISION OF FINANCIAL ADVISORY SERVICES. 14. FUNDING OF FOOD PROGRAMS - ALLOCATE R 66-766 41-42 $11,632 OF THIRTEENTH YEAR COMMUNITY 9/8/88 DEVELOPMENT BLOCK GRANT FUNDS AND $1,055 FROM SPECIAL PROGRAMS AND ACCOUNTS TO SOME SOCIAL SERVICE AGEMCIES FOR APPROVED FOOD PROJECTS. 13. BRIEF COMMENTS BY COMMISSIONER PLUMMER DISCUSSION 42-43 IN CONNECTION WITH PUTTEE FOR THE 9/8/88 POLICE DEPARTMENT. 16. EMERGENCY ORDINANCE: AMEND 10423 - ORDINANCE 43-44 AUTHORIZE ISSUANCE OF $1,000,000 10471 SUBORDINATED PARKING REVENUE BONDS, 9/8/88 SECOND 1986 SERIES - FOR THE PURPOSE OF CLEARING LAND FOR PUBLIC PARKING FACILITIES. 17. ARENA PARKING PROGRAM - BRIEF DISMSSIOU 45 DISCUSSION 9/8/88 18. EMERGENCY ORDINANCEt ESTABLISH NEW ORDINANCE 45-" SPECIAL REVENUE TUND: "WAGNER-PEYSER 10472 7(b) DISCRETIONART FUNDS EFT $86-89)" - 9/8/68 ACCEPT GRANT ($65 , 000) FROM BUTS OF FLORIDA, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY. 19. SECOND READING ORDINANCE: ORDINANCE 47-S4 AUTHORIZE ISSUANCE OF $35,000,000 10473 STREET AND HIGHWAY IMPROVEMENT 9/8/88 BONDS AND $10,000,000 WATERFRONT IMPROVEMENT BONDS. 20. SECOND READING ORDINANCE: authorize ORDINANCE 54 bond election to take place November 8, 10474 1980, with respect to $35,000,000 9/6/88 Street and Highway Improvement goods aad $10,000,000 Waterfront Improvement Soods. 21. ZVOCATIONAL PROGRAM REGARDING PROPOW R 60-169 *► 1 a IiNA1kO OF CITY Saw - allocate $SO,000 for the purpose of i OVINing 94. voters of the City of Miami elements involved is connection with tke v5� 3 V 4 __,_____ t, it. SECOND READING ORDINANCE: amend Code ORDINANCE S6 Section 22-29 - provide that interest 10473 charged on delinquent solid Mast* fees 9/8/68 shall be at a rate of 1 percent par month. !3. A. SECOND READING ORDINANCE: wand ORDINANCE 57-39 Code Section 52.6-3 - increase board 10476 composition of Hismi Sports and 9/8/88 ZXhibition Authority to 11 members - designate terms of office and quorum requirements. B. DISCUSSION regarding submittal of Sports Authority board's budget. (See label 89) 24. SECOND READING ORDINANCE: consent to ORDINANCE S9 merger of City Gas Company of Florida 10477 and N.U.I. Corporation and assumption 9/6/88 by Elizabethtown Gas Company of New Jersey of franchise obligations to the City. 23. SECOND READING ORDINANCEt amend Code ORDINANCE 60 Section 2-313 - correct scrivener's 10478 error in defir.ition of the term 9/8/88 "lobbyist". 26. PLACE UNDER OATH PUBLIC SPEAKERS ON DISCUSSION 61 ZONING MATTERS - br!ef DISCUSSION and 9/8/88 temporary deferral - direct administration to plac,4 under oath all such future speakers appearing before the City Commission (sa' Label 88). 27. FIRST READING ORDrNANCE: require that ORDINANCE 61-62 future leases of City -owned property to FIRST READING private clubs contains language that 9/8/88 implements an affirmative action plan as well as incorporation of provisions of Ordinance 10062 related to minority procurement. r 28. FIRST READING ORDINANCE: amend Code ORDINANCE 63-67 Section 40-204(C) - add and remove FIRST READING certain provisions regarding authorized 9/6/88 investments and guidelines of investment of the City's Firefighters' and Police Officers' Retirement Trust Funds. 29. FIRST READING ORDINANCE: amend Code ORDINANCE 67-66 Chapter 18, Article III (sale of FIRST READING certificates for delinquent local 9/8/88 government assessment liens), Section 18-34 - provide that all practices and procedures pertaining to local" Loprovemat assessment lions shall apply to the sale of all municipal lisps. •� � )0. E- ICY ORDINANCEi amend Cede Chapter ORDIX"M 39, Article II, Sections 39-11 sad 39- 10479 17 - place further restrictions and 9/8/88 requirements on street vendin8 within } restricted vending districts. pfx J�� y . ` fir+ .,r,. E k�' t X r 31. FIRST READING ORDINANCE: amend Ord. ORDINANCE 79-90 8719 - implement amended Trust and FIRST READING Agency Fund; Community Development 9/8/86 Block Grant Twelfth Year - allocate additional aue of $1,625,150 in connection with Citywide single family housing rehabilitation project and Citywide multifamily rental rehabilitation grant leveraging subsidy project. 3!. A. Brief DISCUSSION and withdrawal of DISCUSSION 61-87 the FIRST READING ordinance increasing R 68-790 appropriation to the North District and 9/8/88 South District Police Substation projects. B. WRIGHT, RODRIGUEZ, SCHINDLER, ARCHITECTS, P.A. - increase contract amount - professional services regarding development of North District Police Substation. 33. ACCEPT BIDi FROM SOUTHEAST BANK - R 88-791 87-92 provision of banking services to the 9/8/88 City - for one year period. 34. PROVISION OF TYPESETTING, LAYOUT AND R 68-792 92-93 PRINTING SERVICES - ratify Manager's 9/8/88 f inding of emergency - waive competitive sealed bids - issue purchase order to Franklin Press, Inc. 3S. A. Commend Deputy City Attorney, John DISCUSSION 93-95 Copelan on recent Award conferred upon 9/8/88 hie. B. City Attorney introduces new member of Law Dept. - Assistant City Attorney, Linda Earlick, with special experience In the area of labor law. 36. DEMOLITION OF CRACK HOUSES - Vice Mayor DISCUSSION 9S-96 Kennedy publicly cosasands City staff 9/6/88 masbers involved with this project. 37. PROVISION OF FIRE, RESCUE AND R 88-793 96-102 INSPECTION SERVICES TO PORT OF 9/8/88 MIAMI - authorize execution of agreement with Metropolitan Dade County. 38 CHANGE OF MEETING TIME - 1:00 p.m., M 88-794 102-103 September 27, 1988. (See labels 1, 4, 9/8/88 and 6) 39 MIAMI ARENA - ratify Manager's finding R 88-795 104-105 of wnrgency - authorize purchase of 9/8/88 30-yard container with compactor from x= Star Equipment Manufacturing. r=� 40 ESTHER FAVOLE - waive prohibition of R 86-796 106-104 City Code against appearance of former 9/8/88 ""M1 City employee before the City `? Commission within 2 years of leaving. t eaploym.nt. `' x.5 41 ACCEPT COMPLETED WORK: N. Vila and R 88-797 Associates, Inc. - Wyawood Highway 9/8/N a, IWrovemat (District H-4514). S Y S .✓ i i )�'� i. 42 ACCEPT COMPLETED WORK Ric -Man R 66-796 International, Inc. - Edgeweter Highway 9/6/88 Improvement (District H-4496) 43 CONFIRM ORDERING RESOLUTION (R-87-767)1 R 88-799 construction of North Flagler Sanitary 9/6/88 lower Improvement (District SR-SSOO-C - Centerline Sewer) - authorize City Clerk to advertise for sealed bids. M CONFIRM ORDERING RESOLUTION (R-68-622): R 88-800 construction of NW 36 Street Sanitary 918/86 Improvement (District SR-5349-C - Centerline Sewer) - authorise City Clark to advertise for sealed bids. 43 PHYSIO CONTROL CORPORATION - authorize R 88-601 extension of existing sole source 9/6/88 contract for maintenance services to the Physio Control life support equipment for the Department of Fire, Rescue and Inspection Services. 46 COMMUNITY DEVELOPMENT "FLOAT GRANT" R 88-602 LOAN - =and 14th Year Community 9/8/88 Development Block Grant program final statement to H.U.D. - designate funds in order to provide loan to YMCA of Greater Miami. 47. BAYFRONT PARK REDEVELOPMENT PROJECT - DISCUSSION defer consideration of DISCUSSION with 9/6/88 Fuller and Sadao, PC, and Pancoast Albaisa Architects concerning minority participation. 40 USE OF BATFRONT PARK AMPHITHEATER - N 88-803 tentatively reserve data for use of 9/8/88 Bayfront Park amphitheater, pursuant to request by representatives of Ex-Presoe y Combatientes Politicos Cubans - (event intended to raise manias for mental health and substance abuse services). 49 SUNSTREET FESTIVAL - approve closure of R 88-804 streets and sale of beer and vine. 9/8/88 50. CODE ENFORCEMENT BOARD - direct City M 88-805 Attorney to review the Board's action 9/8/88 against Mr. Wilfredo Curbelo. 51. PHILARMONIC ORCHESTRA OF FLORIDA - M 88-806 partially approve request for use of 9/8/88 Sayfront Park amphitheater in connection with benefit concert for "A Wossn's Place Shelter." S! CON MUNITY ALLIANCE AGAINST AIDS - grant R 88-807 request for waiver of rest to hold 9/8/88 I" 110 112-113 113-114 114-114 lii•i!1 122-124 125-124 138.1l� r1' benefit concert at Quamn Hall, with »4 provisos.' LF ifs +�'t 53. A - Support DADE LEAGUE OF R 88-806 132-141 CITIES' alternative version to R 88-809 the County's Impact Fee 9/8/88 Ordinance. B - Direct Administration to request from Metropolitan Dade County that the City be allowed to have equal representation in the METROPOLITAN PLANNING ORGANIZATION (MPO). 34. LIGHT UP MIAMI - DISCUSSION and DISCCUSSION 142-143 momentary deferral concerning fee 9/8/88 waiver request for use of Bayfront Park amphitheater for this event (see label 54.2) 54.1 Reserve 18 additional free days for use M S8-810 143-132 of Bayfront Park amphitheater for use 9/8/88 by the following target area groups; Flagami, Overtown, Downtown, Little Havana, Model City (Liberty City), Coconut Grove, Allapattah, Wynwood, and Edison Little River. 54.2 LIGHT UP MIAMI - (continued R 88-811 152-154 DISCUSSION) - grant requested fee 9/8/88 waiver for use of Bayfront park amphitheater in connection with this event (see label 54). SS. HISPANIC HERITAGE FESTIVAL - grant R 88-612 155-157 request for use fee waiver of Bayfront 9/8/88 Park amphitheater, with provisos. S6. CATHOLIC COMMUNITY SERVICE, INC. - R 88-813 157-1S9 grant request for use fee waiver 9/8/88 regarding office space at Manuel Artims Cosssunity Center. 37. GREATER MIAMI UNITED - DISCUSSION of DISCUSSION 139-163 request received for financial relief 9/8/88 and support of their technical assistance program. S8. RESTAURANT AT BICEiTENNIAL PARK - M 88-814 164-170 authorize development of an RFP, based 9/8/88 on a two-year lease, for conversion of existing cafeteria. 59. CARIBBEAN MARKETPLACE BUILDING - N 88-815 170-171 reaffirm City taking first position 9/8/88 along with State of Florida in buying out a loan from People's Bank to the Haitian Task Force for establishment of the building. 60. V39T INDIAN AMERICAN DAY CARNIVAL - DISCUSSION 172 � DISCUSSION concerning request for 9/8/86 street closure. No action taken. 'r zr GA. VORLD IMPACT NOW - grant request for N 44-416in-in use fee waiver at Oueom Nall (up to 9/4/44 $17,000) for theater audition in connection with •Tickles•, with � � '�. � j� f% �r • � jai + ? U Ut i!. MOBILE AIDS PREVENTION PROGRAM - M 66-617 11S-176 express Commission's support - direct 9/6/88 Administration to try to assist said group in identifying alternative sources of funding. 6�. MODIFY TRAFFIC SIGNALS AT S.N. 13 M 68-818 176-179 AVINUR AND 22 STREET - authorize public 9/6/$S hearing on October 13, 1988 to discuss modifications. K. BAKEHOUSE ART COMPLEX - grant funding M 88-819 179-190 request not to exceed $4,500. 9/6/88 iB. CHRISTOPHER COLUMBUS DISCOVERY M 88-820 161-162 FOUNDATION - grant request in support 9/8/88 of kickoff event of the Columbus Celebration in Miami, with proviso (see label 69). 66. THOMAS JEFFERSON STATUE AND UPKEEP OF DISCUSSION 182-184 WORLD WAR 11 MEMORIAL IN BAYFRONT 9/8/86 PARK - DISCUSSION 67. PROPOSED RESTRICTION OF VEHICULAR M 88-821 164-166 ACCESS TO S.W. 28 STREET AND JEFFERSON 9/8/68 STREET - schedule public hearing for October 21, 1988 66. LIBERTY CITY-MIAMI DADE MERCHANT DISCUSSION 167-196 ASSOCIATION - DISCUSSION 9/6/68 concerning request for appropriation of $5,000,000 to the Model City Pilot Loan Program. 69. CHRISTOPHER COLUMBUS DISCOVERT DISCUSSION 196-197 FOUNDATION (continued DISCUSSION) 9/8/88 regarding kickoff event of the Columbus Celebration in Miami (see label 65). No action taken. 70. BAY HEIGHTS/NATOMA MANOR AREA TRAFFIC N 88-822 197-209 STUDY - direct Administration to study 9/8/88 feasibility of implementing a one-way street system - set public hearing - ensure enforcement of traffic laws in the area (see label 90). 71. NEWSPAPER RACKS ON CITY SIDEWALKS - M 88-823 210-214 direct Administration to submit weekly 9/8/88 status report. 72. LABOR CONTRACT DISPUTE BETWEEN DISCUSSION 214-215 INTERNATIONAL ASSOCIATION OF 9/8/88 _$ FIREFIGHTERS, LOCAL 587 AND THE CITY OF =' MIAMI - brief comments and deferral of proposed DISCUSSION concerning resolution of dispute. 73. RECYCLING PROGRAM - brief comments DISCUSSION 216 > concerning feasibility of program. 9/•/$S rye° 74. YINDW-YASURS - DISCUSSION concerning DISCUSSION #1M#3T window -Mashers at principal 9/6/64 intersections from $36 to the Oral/Downtown. f y 3 - - lY 0 1kG N r 7f. YOUTH ADVISORY COUSCIL - appoint Annie M 88-624 217-218 Marie Quintana (Miss Quintana was 9/8/88 nominated by Commissioner Plummer). Pending still are 14 appointments. ��. DINNER KEY BOATYARD - DISCUSSION DISCUSSION 210-227 concerning status of proposal - 9/8/68 deferred for 2 weeks. 77. JEWELRY SHOPS - Discuss and defer DISCUSSION 227-230 issue concerning feasibility of 9/8/88 allowing jewelry shops dealing in second hand jewelry to do business in commercial districts. 78. SOUTH$AST OVERTOWN/PARK WEST DISCUSSION 230-236 REDEVELOPMENT PROJECT - brief 9/8/88 DISCUSSION concerning statue. 79. NEW SOLID WASTE COMMERCIAL ACCOUNTS DISCUSSION 237-238 OBTAINED AS A RESULT OF PURCHASE OF 9/8/88 DUMPSTERS - report by Administration. 80. BRICKELL PARK AS DAY CARE CENTER - DISCUSSION 238-242 DISCUSSION. 9/8/88 •1. CITY OF MIMI CEMETERY - DISCUSSION DISCUSSION 243-247 regarding present status and possible 9/6/88 alternative use. 82. GOLF CART DONATION TO THE CITY - accept R 88-825 247-248 donation by Venetia Town Residences. 9/8/88 83. FIRST READING ORDINANCE: require Ofw[KAKCK 248-250 retail establishments to disclose their FIRST READING refund and exchange policies unless 9/8/66 full refunds or exchanges are offered by them (deceptive practices by retail merchants). 84. SPECIAL EVENTS IN THE COCONUT GROVE N 88-826 230-233 AREA - create 5-member committee to 9/8/88 draft guidelines and recommend to the City Commission - appoint J. L. Plummer as committee Chairman. 85. CITY ATTORNEY'S OFFICE PARTITIONING - R 86-827 253-254 authorize negotiations and award 9/8/88 contract for most advantageous offer to the City. 86. CUSTODIAL SERVICES AT POLICE DEPT. M 88-828 254-261 BUILDING - authorize three-month 9/8/88 extension to contract with Production Associates, Inc. $7. PISTOL RANGE AT POLICE DEPT. - approve N 88-829 261-262 allocation of $83,000 to redo range. 9/8/88 y SS. PLACE UNDER OATH PUBLIC SPIMRS ON DISCUSSION 252- ZONING !TATTERS - direct City Attorney 9/8/88 to bring back proper documentation in order to place under oath all future -;kg speakers before waking presentation 's (see label 26). :KJ. Y t dx"jti Y. Sr 4t } t! N. tlORTt AVO MM WMT FOR FUGAL TIM OISMSIM !t!•!H l�tt-tt - (ceatlnvN OIDMIiON) ,/t/tt rsgwat tisteiy prsssatation (aoo label t 11. DAT Mit=n/MATOMA MANOR MIA TRAFFIC n2lCUSM MOT - Cosrissioner lltiMwer roulade !/t/N the Administration to ensure Appropriate ontorceuest of presently imstitut*4 traffic Imm (aoe label 70). y P 4 � rJ !9 Y . _ t ..�5 M.,.. W vq`e�P4'e• t Z x < ro- .MF�^",t�AJ i 1y,� �y.� r 4 c. ' l -4 Yp }� t.� - i. ,ref •.a-: - }:�,': �'r ?rrb,�t �, ��.1*�J �"�a r'i'aEr,�r'P 1":�d' �# �.� ,tF��"!;��•,�`�A� �`r�iW�`n f �.x � " > VTr. :fix t +�.�uo r,� ,� � u, ; Fr 4f4.�, ?Fr• S�v+� }i �, .i vS J I a t s ..: � �r � 4 � '. r`ri• � w x :, . gyp.. y �r f w+ 7 # 1 4 HIM 3 OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 8th day of September, 1988, the City Commission of Miami, Florida, met at its regular meeting place in the City Nall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:10 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: rykr�:815a1ia.11 C,mmissioner Victor De Turre Commissioner Miller J. Dawkins Cosamissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez Cesar Odio, City Manager Jorge L. Fernandez, City Attorney !fatty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez. Vice Mayor Kennedy than led those present in a pledge of allegiance to the 1. CHARGE OF MEETING DATE - BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED CHANGE OF MEETING DATE (SEE LABELS 4, 6, AND 38). Mayor Suarez: We have - before we do the ceremonial items, I would like to take a vote on changing the Commission Meeting to adjust to the Vice Mayor's requirements or schedule or whatever because if we don't do it now, we won't be able to advertise in time. Does any Commission member have a problem changing the neat meeting from the 22nd, to what, the... Mrs. Kennedy: Anytime after the 25th will I'll be back. Mayor Suarez: Anytime after the 25th. Mrs. Kennedy: The 28th, I understand... Mayor Suarez: Why not the neat Thursday so that we keep the Thursday's amid we don't create any problems for Commissioner Plummer and so on. Mr. Plummer: That's fine with me. Mrs. Kennedy: That's fine with me. Mayor Suarez: How about the 28th? Mrs. Kennedy: The 28th is fine. Mayor 8uares: Wait, that's a Vedseaday though. Mrs. Kesuedy: Right. Mr. Pluimers But there I could have a problem. cheat. ,r. I don't mew, I,* IMAOMIBLS OOMMD" NOT EUMM INTO T= WSLIC RRCORB. Mr. Pluimer: No, the 26th is the problem. x. Mr. Oadcles 06 the aeJMit M that it �t volts _. tt. Mayor Suarez: OK, why don't we do that. Mr. Flu mmsrt The 28th? Mrs. Kennedyt It's on the 28th. And you will let us know by this afternOoa? Mr. Plummer : I'll let you know if I can reach my brother. Mayor Suares: All right, wall move it on the condition that we can always change it. Mr. Plummer: I'll let you know. Yea, see if Larry has any problems with ms changing the 29th for the 28th? OK. Mayor Suarest I'll entertain a motion on that. Mr. Dawkins : So move. Mrs. Kennedyt Second. Mayor Suarez: Second. Any discussion? Call the roll. ON NOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER KENNEDY, THE SEPTSMBER 22, 1968 PLANNING i ZONING COMMISSION NESTING WAS CHANGED TO SEPTEMBER 28, 1988 ON THE CONDITION THAT COMMISSIONER PLUMMER WOULD BE ABLE TO ATTEND. AYES: Commissioner Victor Do Turre Commissioner Miller J. Dawkins Cossaissioner J. L. Plusrser, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez MO CS: Nona, Ias'l = : None. 2. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS 1. Certificates of Appreciation were awarded to ten students who participated in the Miami Summer Youth Employment and Training Program. Recipients worst Patricia Arango, Delores Bailey, William Duarte, Alexander Garcia, Roderick Jordan, Leroy Leo, Zelda Pollack, Sharlene Ruiz, Leticia Toledo and Valerie Washington. 2. Proclamation declaring September, 1988, as National Sickle Call Month. 3. Proclamation declaring September 17-23, 1988, as Constitution Veek in celebration of the 201st Anniversary of the signing of the U.S. Constitution. ------ ----- --- -------- ------ ----- ----- ------ ---- --- ------- -- M{. MORE FOR THE RECORDt ON MOTION BY VICE NATOR UMMBT AM pQINO 59 ' t< OOMMISSIONER PLUMM M, THE COMISSION WA MDMUT A . , CM �n CMMISSION NINOTES FOR THE PLAMMAMA A zO1Pm Nit nm OT MAT 1! 40 J= � 23, 196S1 SPECIAL NESTING OF NAT 27, 1908 AND REGULAR NiETnm O/ +ym 9 AND JOLT 14, 196S. n' --------------------------,---------------------------------- rS i i M 3. PROPOSAL CONCERNING DISCUSSION OF MOST IMPORTANT AGENDA ITEMS EARLIER IN THE MEETING TO BE HEARD BEFORE 9100 P.M. Mayor Suarez: Before we get to the consent agenda, we have item 1 scheduled for MO a.m. Mr. De Yurre: Mr. Mayor. Mayor Suarez: Commissioner. Mr. De Yurre: Before we get to that, I'd like to make a consent and maybe we can come to some type of agreement here. I am concerned about the way that we've been running our meetings past 9:00 o'clock. What happens after in the evenings, a lot of times that a lot of emergency things come up and the meeting's supposed to be over and I don't feel like, at least in my case, that I have the input a lot of times, to make the right decisions and we understand also that some things need to get done at that point in time when they come up. But if we could structure it maybe a little bit differently, let's may like from 8:30 in the evening to 9:00, if there are any emergency items, that we take them up at that time, I think in a more intelligent fashion... Mayor Suarez: That's a very valid suggestion and comment because it really gets confusing, I think, some of us who have to leave at 9:00 p.m. and have planned to be otherwise, elsewhere rather, feel that we're not included in those determinations in the rush, you know, the last few minutes of the rush, so, Mr. Manager, from 8:30 to 9:DD would you let us know s"thing - of course that doesn't mean that we're going to be pessimistic and think that we're not going to finish by 8:30. Hopefully, we'll finish before then. But certainly any emergency mutters that you feel ought to be decided have to be brought up between 8:30 and 9:00, otherwise, I think the Commission will adjourn officially at 9:00 and, you know, simply not expect any Commissioner to vote on something as we walk out of here. We've been doing that - and I think there was a Commission Meeting in July with the August recess caning up that was part of the problem. We had so many things to decide, but you're right that it was way too informal and creates all kinds of problems. Mr. Odio: Well, Mr. Mayor, what I's trying to do and I'm trying, is to keep the agenda around 80 items. Unfortunately, we had too many left over from July and this one I think we reduced it, I forget, one oh four, there were a hundred and forty-four and I left 44. As soon as we catch up, I feel we can keep it down under - if we can keep it at 80, I think we don't have to rush through this. Mr. Plummer: Well, Mr. Mayor, let me make one other point. I guess it's one of the problems being around for a long time. Once we tried and why we didn't stick with it I'll never know, but in fairness to people who come here for agenda items we had a policy at one time where any unscheduled item, non agenda item, was taken up at the and of the agenda. Now, I'll tell you, it worked very well and out of courtesy the people that do have an agenda item, I personally would like to go back to it, that, you know, if you don't have an item on the agenda, the people shouldn't suffer or have to wait where they did, in fact, have a scheduled agenda item. I think it's worth consideration and worth trying again to was if we can bring a little bit more order to these meetings. Mayor Suarez: I couldn't agree with more. I actually ran on a campaign of doing that and after being elected we had some problems with a certain commissioner who is no longer with us on that but I think the... Mrs. Kennedy: But, for the most part, we do that. Mayor guarez: Teo, for the most part, we're doing that and ploase all the Commissioners, try to do it that way. I think it makes a lot of sea" OW otherwise we're going to be involved in motions to handle items out of orAey. I'd rather not got into that. We should really follow the sgsads and tb" It we have any emergency items, hear them at the sad of the day. Ep� Mr. AaskUwx Mom you got here this last tlae as Mayor, you 41A t,. xv` . w cs. r yx", a Mayor fteres: Teo. Mr. Dawkinst Because you stopped discussion up hors, you called for the vote, OW there was no philosophising. If you go back to your original method of running this meeting and stop all the philosophising, as chairperson of this hearing, we'll get out of here. Mayor Suarez: I'm happy to get that endorssment of the procedural approach so we can get out of here a little bit quicker and everyone can be heard. Item one is.... -------------------------------------- ♦. CHAMOE Ot MEETING DATE - CONTINUED DISCUSSION AND TEMPORART DEPZRRAL O! PROPOSED CHARM OP MEETING DATE (SEE LABELS 1, 6 AND 38) Mr. Plummer: Excuse ms, Mr. Mayor. Mayor Suarort Us. Mr. Plummer: I have a conflict on the 26th. My brother has a committee meeting in Tampa. Mayor Suarez: OK, what's tho ►tternstive, how About... Mr. Plummer: Can we try the 29th? Mrs. Kennedy: How about the 29th? Mr. De Turret Seven? Twenty seven. Kayor Suarez: Twenty-seventh, Tuesday?- Kc . DavlLius : Twenty-seventh is today. Mr. As- Turre: No, I'm talking about Ociobst. Mr. Plummer: Give ms a date, I'll check it witb his. Mayor Suarez: Tuesday then, instead of the Thursday. Mr. Plummer: See, a Thursday I have no problem, I have every Thursday off. Mayor Suarez: I think the Commissioner has a problem on... Mr. Dawkins: But Commissioner Kennedy has a problem on the 29th, don't you? Mrs. Kennedy: No, 29th is clear. Mr. Plummor: Somebody had a... Mr. Do Turre: I got 29th I have a problem. Mr. Plu■mart OK. Mayor Suaress OK, 27th then? Mr. PImmers Lot me clack it. � ., . k Y uN Mr. Derkias s V611, Wile you're abo*kims, *book the 3itb, ow 08_ dart hale to So back amd shook the I th. Mr. Pluwrs Me, I *a tail y" McMay•s bed. Ilr. DarMkia*t 0*1 � ^ Mir. P3ln"s NoodMy'M &Ivey bed !ems Ski: s, E, a x' v Mr. Pluamo r: For me, personally. Mr. Dawkinst OK, all right, so that's out. So you just got to check the twenty... Mr. Plummer: I'll check the 27th. Mayor Suarez: I think Monday is generally bad. Mr. Dawkinat What about the 30th for you? Mr. be Turret October or September? Mr. Dawkina: No, September. Mr. Do Turret Friday? Mr. Dawkins: Yes. Mr. Dawkins: All right, while you're checking, check the 30th and the 27th. Mr. Plummer: Try the 27th and the 30th. Mrs. Kennedyt Check the whole week. Mr. De Yurre: That's a - hey, that's Miami Sound Kachine night. Mr. Plummer: OK? Mayor Suarez: 27th and the 30th are the two days available assuming Monday is out. Mr. Do Turret Let's gat our priorities straight here now. OK? Mr. Plummer: I've asked... 5. BAYSIDB CENTER LIMITED PARTNERSHIP - AUTHORIZE ISSUANCE OF REVOCABLE PERMIT FOR USE OF TWO BERTHS ADJACENT TO BAYSIDE SPECIALTY Cxwm lout MOORING OF TWO SHOWBOAT CHARTER CRUISE VESSELS. .;a Mayor Suarez: Item - see, we don't philosophize but we argue about the dates of our meetings. Item one. Mr. De Turret Keep it under control now. r_ Mayor Suarez: What do we have Al, has this been... Mr. Albert Ruder: We're recommending what's on the agenda which is basically a revocable permit for Bayside charter cruise vessels. 'I Mayor Suarez: Al, why don't you bring the mike up a little bit? Mr. Ruder: Teo, sure, OK. Do you have any questions as... {a Mrs. Kenaedyt I do. Iaysido will be responsible for the security and t1W maintenance, is that correct? wY f Mr. Ruder: laysids will be reopen... boat operators will be respoi�slb any security for the boats and 3aysids has maintenance responsibilitfao were is also going to be the subject of a future amendment butt wlgs on to delineate the "Isteaasce responsibilities for the rbeIs the boat erners are also responsible for msintosaaee of tbo + , provide tbsis ern security for the operations tbero. Mr. tlmmesl Mr. Mayor. I have on amendment to put am tt of 00 aMU r �wnsr Plummer.Jw Mr. Plu mere The first one is that the Manager will have every six mowtAa as Mats by Rouse as to the operation of the boat which is definitely going is and a progress report on the second best as to how they are securing that. The first boat is a 2 percent item Which is one percent to Rouse and one percent to the City. I think the second boat should be considered at so loss than S percest which would be two and a half to Rouse and two and a half to the City and that... Mayor guarani Do we have the right to renegotiate the terms on the second boat? we're not fixing those at this point? Mr. Ruder: No, we're not. Mr. Plumner: Tea, that is correct. Mayor Suaresi (treat. Mr. Plusware At no less than, Mr. Mayor. And the third item is that Rouse accepts the dockage as is condition including the existing sea wall, the piles, the cleats, the bumpers, the railings, the bay Walk and the fire equipment as is, accepting that today and I offer that as part of the motion. Mayor Suarest OK, why don't you make that into the form of a motion. That way we have a motion on the floor. Mr. Plummets cc cove. Mrs. Kennedyk Second. Mayor Suaress Seconded. Any discussion from the Commission? Mrs. Kennedyi I Mould like to add something else but I'll wait until this motion passes. Mayor Suarese OK. Any discussion? Call the roll.x } k. jj :• T pr..r- g bc' f 4 my t • � "�e :f r ,t t`��fi -6 : !1 rskr w �?Y ;; � � y,���� as The following resolution was introduced by Comissioner Plussser, who moved its adoption: RESOLUTION NO. 88-764 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT, IN SUBSTANTIALLY THE FORM ATTACHED, TO BATSIDE CEMTEIt LIMITED PARTNERSHIP (HEREINAFTER "BATSIDE") FOR THE USE OF TWO BERTHS LOCATED ADJACENT TO A PORTION OF THE BISCAYNE BAY SEAWALL ADJACENT TO BATSIDE SPECIALTY CENTER FOR THE PURPOSE OF MOORING TWO LUNCH/DINNER/EXCURSION SHOWBOAT CHARTER CRUISE COMMERCIAL VESSELS, AS MODIFIED BY THE LETTER FROM JAMES F. DAUSCH TO CITY MANAGER CESAR H. ODIO, DATED AUGUST 31, 1986, ATTACHED HERETO AS EXHIBIT A TO THE RESOLUTION, STATING THAT THE COST OF THE UTILITY BENCH AND RELATED PHYSICAL IMPROVEMENTS WILL ONLY BE RECAPTURED FROM THE ROUSE COMPANY'S SHARE OF THE PERCENTAGE RENT FOR A PERIOD OF NO MORE THAN FOUR YEARS, AND SUBJECT TO THE FOLLOWING CONDITIONS: (a) BATSIDE SHALL PROVIDE CITY MANAGER WITH A PROGRESS REPORT EVERY SIX MONTHS AS TO THE OPERATION OF BAY LADY AND A PROGRESS REPORT AS TO THE OPERATION OF DAY LADY AND A PROGRESS REPORT AS TO THE EFFORTS BEING MADE TO SECURE A BOAT FOR THE SECOND BERTH. (b) THE MOORING AND DOCKAGE AGREEMENT FOR THE SECOND BERTH SHALL PROVIDE THAT THE BOAT OWNER SHALL PAT A DOCKAGE FEE OF NO LESS THAN 52 OF WHICH 2 1/2% SHALL BE PAID TO THE CITY (MIAMARINA ENTERPRISE FUND). IN THE EVENT BAYSIDE CANNOT SECURE A BOAT OWNER TO USE THE SECOND BERTH AT A DOCKAGE FEE OF AT LEAST 5% ANY USE OF THE SECOND BERTH SHALL BE SUBJECT TO THE APPROVAL OF THE CITY COMMISSION. W BAYSIDE ACCEPTS THE DOCKAGE AND THE BERTHS IN AN "AS IS" CONDITION, INCLUDING BUT NOT LIMITED TO THE EXISTING SEAWALL, THE PILES, THE CLEATS, THE BUMPERS, THE RAILINGS, THE BAYWALK AND THE FIRE EQUIPMENT, ALL IN THEIR EXISTING EQUIPMENT. (d) VMMENEVER THE BERTHS ARE NOT BEING USED BY THE BAY LADY OR THE OTHER INITIAL BOAT OWNER FOR THE SECOND BERTH THE DOCKAGE FEES TO 88 CHARGED TO ANYONE ELSE FOR THE USE OF TWE' BERTHS MUST BE APPROVED BY THE CITY MANAGER. (a) IN THE EVENT THE INITIAL BOAT OWNERS DEFAULT UNDER THEIR MOORING AGREEMENTS, ANY MEW AGREBMBUTS WITH OTHER BOAT OWNERS MUST BE APPROVED BY THE CITY MANAGER. (f) BAYSIDE SHALL REQUIRE BOAT OWNERS TO EMPLOY LOCAL RESIDENTS TO THE EXTENT POSSIBLE AND TO CONTACT CITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: CosssissLoner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plusimer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez "MI None. ANI MT i None. Mayor Suarers Jia Dausch, you've beat► vary va el y oquaat today. sir. Mrs. Keasedys I would like to add, Mr. Mayor... Mayor suaress Madan Tice Mayor. } Mrs. y I • 1 • that wbeseve r ths two pr1u tple wind the berths, suck as duruw the Ott Ae4mt t =r 0 0 4 to anyone else by the Rouse Company must be approved by the City Manager 064 then also, for the purposes of clarification that the initial two operators, If they *war default on the contract, that the City Manager approve the Agreement with any new permanent operators that are selected. And I so more. Mayor Suarese So moved. Mr. Dawkins: Second. Mayor Suarese Any discussion? Call the roll on that additional clarifying motion. The following notion was introduced by Comaissioner Kennedy, who moved Its adoption: MOTION NO. 88-765 THE PARAMETER 8 OF THE HEREINABOVE MOTION ARE CONTAINED AS AM AMENDMENT TO R-8e-764 (IMMEDIATELY PRECEDING) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Nome. ASSENT: None. Mr. Dawkins: Al, what's going to be the opportunities for employment for local residents on the boat that's run by people in Saltinore? dill they bring their work force with them from Baltimore... Mr. Plummairs I can only make the 27th. Mr. Dawkins: ... or how such of a local work force will they use? Mr. Ruder: It is my understanding the beat figures we've gotten from Rouse is that most of the hiring will be done from local people and each boat should generate anywhere from 50 to 100 jobs. So you're talking, you know, each one of the two boats. So most of them, you know, will be hired locally. Mr. Dawkins: Well, we didn't get the second boat, let's just work with the first one. Mayor Suarez: Would you remind them too, and Jim since you're back there, to try to go through the Commissioner's offices on referrals for jobs. fie get so many calls of people that are looking for jobs and, God knows, we'd like to place a few of them. And one other thing is, I do want to compliment the Rouse Company on one item is that you didn't try to carry out this linkage on the port bridge issue and the cruise ships or tour ships or whatever and we appreciate that because we thought that wan a pledge that we had from the Rouse Company and, frankly, that port bridge situation was getting a little embarrassing, we... Mr. Dawkins: Mell, I appreciate it too but I also sympathise with you *ttor having talked to you and I world have 4e1be esaatly what YOU 4i4 is 8hi: position. F FYI 11a } .�r Y -------- --------- -- -- ----------------------------------- i. CRAMOE OF MEETING DATE - SEPTEMBER 22 TO SEPTEMBER 27, 1998 (SEE LABELS 1, AND 38) Mr. Plummer: Mr. Mayor, my schedule is open for the 27th. I can... Mayor Suares: Does that sound good, the 27th, a Tuesday, as opposed to a Friday? Mr. Plummer: All of you have a thing on the 30... Mayor Suarez: We're OK on the 27th. Mr. Plummer: All of the got something on the 30th. Mr. Dawkins: So move. Mayor Suarez: OK, moved. Mrs. Kennedy: Second. Mayor Suares: Seconded. Any discussion? Call the roll. What do we have on the 30th? The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-766 A RESOLUTION RBSCtZBDULING THE S com ltECRHLAR CITY CCM:IISSICN MEETING OF SEPTEMBER, 1966 TO TAKE PLACE ON SEPTEMBER 27, 1988, CCMMENCING AT 1:00 P.M. WITH ALL AGENDA ITEMS PREVIOUSLY SCHEDULED FOR CONSIDERATION AT SAID SECOND REGULAR CITY COMMISSION MEETING BEING BROUGHT BEFORE THE COMMISSION AT THE 1113MUR 27, 1933, MEETING; FURTHER RESCHEDULING PUBLIC HEARINGS ON THE 1989 FISCAL YEAR ADOPTED TENTATIVE BUDGETS PREVIMBLY SCHEDULE TO BE BEARD ON SEPTEMBER 22, 1988, TO TAKE PLACE ON SEPTEMBER 27, 19S8, COMMENCING AT S:OS P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez MOSS: None. ABSENT: None. YM FOR TUB RWs Later this sans aoetin, • notion was p"wW 4* ,.. AO Y{ 5;� exact ties for comoncewent of this westing. (Be* label 30) . 5yjy }$may kY :1 ib U. FOURTH ANNUAL WEST INDIAN AMERICAN MIAMI CARNIVAL - AUTHORIZE STREIT CLOSURES. Mayor Suarez: Items two through 25 constitute the consent agenda. We intend to take a vote collectively on all of these items. If there's anyone in the general audience that wishes to address any of these individually, please step forward. Let the record reflect that no one has. Commissioners, do you want to pull any items? Mr. Plummer: Twenty-three. Just twenty-three and it's a clarification. Teo, as long as it doesn't take too long. Mr. Dawkins: I got a lot of them, have no fear. Mayor Suarez: Have no fear, Dawkins is here. Mr. Dawkins: That's right. Mr. Plummer: Mr. Mayor, I only have one clarification. Mr. Dawkins: Hold it. Four, pull four, five, six, nine, ten and eleven. Mayor Suarez: OK. Commissioner Plummer, a clarification. Mr. Plummer: Mr. Mayor, I think there's a typo on item 23, the reason I pulled it, it's not for five years, it's not a street closure for five years, we've never done that. It's for one year. Mrs. Kennedy: But the request says nineteen... Mr. Plummar: Well, they can request all they want. Mayor Suarez: Yes, they can request whatever they want. What he's saying is, we're not going to be binding ourselves for more than one year. Mrs. Kennedy: We're not going to do it but it's not a typo. Mr. Plummer: OK, I would move 23 with the proviso that it's for a one year renewed annually. Mo. Hirai: Commissioner, excuse me, Mr. Mayor, we respectfully request to pass the consent agenda as is and then to take up the pulled items afterwards. Mayor Suarez: But if he wants to take item 23 and go ahead and make a motion, we don't have a pending motion on the consent agenda, we can do it that way. We have a motion on 23 with that proviso? Mrs. Kennedy: OK, sure, I'll second that for one... Mr. Dawkins: What's the proviso, J.L.? Mrs. Kennedy: One year. Mr. Plummer: One year renewed annually, not for a five year guarantee. Mayor Suarez: We're Just approving the street closure for one year claritylas that We not for any other years even though they claim that they vast to Ito It for a total of five years. They have to coma back. st' Mr. Plumwer: Thi• is the first one, we don't know how it's goisg to work Mr. De Turret Ten, I know but thia is why I' s p. Mr. Dawkins: OK, ao problem. =x Mayor guarest 09, we have a not Lou and a soomd, $Any 4iaoao tt 9 roll on 23. 1 The following resolution was introduced by Comissioner Plummeer, who wowed its adoption: RESOLUTION NO. 68-767 A RESOLUTION CONCERNING THE FOURTH ANNUAL VEST INDIAN AMERICAN MIMI CARNIVAL TO BE CONDUCTED BY VEST INDIAN AMERICAN DAY CARNIVAL ASSOCIATION OF GREATER MIAMI, INC. ON OCTOBER 9, 1968, 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 ANT POTENTIAL LIABILITY. (here follow body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: ATIS: Caso.issioner Victor De Turre Cowmissioner Miller J. Dawkins ComwisoLoner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Nona. ABSENT: None. 73. CONSENT AGENDA Mayor Suarez: Any other itsms? Mr. Do Turre: Teo. Mayor Suares: Commissioner De Turre. Mr. De Turre: Twenty. Mrs. Kennedy: I don't have any to pull, Mr. Mayor. Mayor Suarez: OTC. That's it? Mr. Plummer: Oh, yes, that's... Mayor Suarez: OK, with the exception* of items 4, S, 6, 9, 10, 11, 20, and - well 23 we voted on... Mr. Plummer: That's been taken care of. Mayor Suarez: ... I'll entertain a notion on itsms 2 t h, hroush ts. <� Mr. Plummer: so mare. Mrs. Kennedy: Mow it. Mayor stares: Maned ast seemad". AW d1400"isa? C".1 Ow Ski. OM WTIO t mmT Um ST 40 MINNOW* ; ATESt Coswissioner Victor De Turre Cosisissioner Miller J. Dawkins Comissioner J. L. Plums r, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOESt None. ASSENT: None. 13.1 ACCEPT BID: D.L. KIRBY, INC. - FURNISH AND INSTALL PLAYGROUND EQUIPMENT IN 16 CITY PARKS. RESOLUTION NO. 86-766 A RESOLUTION ACCEPTING THE BID OF D.L. KIRBY, INC. FOR FURNISHING AND INSTALLATION OF PLAYGROUND EQUIPMENT IN 18 CITY PARKS ON A CONTRACT BASIS FOR THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES AT A TOTAL PROPOSED AMOUNT OF $353,486.00, WITH FUNDS IN THE FOLLOWING MAXIMUM AMOUNTS THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENTS PROGRAM-CITT WIDE NEIGHBORHOOD PARK RENOVATION PROJECTS NO.: 331308 ($197,000.00) 331310 ($18,250.00) 331329 ($64,500.00) 331339 ($80,000.00) 331342 ($18,250.00) 3311345 ($22,000.00) ACCOUNT CODE NO. 589301-830; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT AND INSTALLATION. (Here follow body of resolution, omitted here and on file in the Office of the City Clerk.) 73.2 ACCEPT BIDt NEFF MACHINERY, INC. - FURNISH ONE BACKHOR/FR+W END LOADa TO DEPARTMENT OF GSA. RESOLUTION NO. 88-769 A RESOLUTION ACCEPTING THE BID OF NEFF MACHINERY, INC. FOR FURNISHING ONE BACKHOR/FRONT END LOAM TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $36,600.00 ALLOCATING FUNDS THEREFOR FROM THE 1987-88 OPERATING BUDGET ACCOUNT CODE #420301-850; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 73.3 ACCEPT BID: GENERAL HYDRAULICS DIVISION OF LOR, INC. - FURNISH 40 HYDRAULIC VALVES TO DEPARTMENT OF GSA. RESOLUTION NO. 88-770 A RESOLUTION ACCEPTING THE BID OF MUM" HYDRAULICS DIVISION OF LOR, INC. FOR FURMISt1IN0 FORTY (A0) HYDRAULIC VALVES TO THE DS3lA11TMEMT OF Golan SERVICE ADMINISTRATION AT A TOTAL n0lVaD COSH! 0: q, WO.00 ALLOCATING FU1= T11E W= nON THE 144,►h OPERATING BUDGET ACCOUNT COST 042O2014"1 AVMRIZING THE CITY NANAMR TO DISTRL,ICT THE CEIV lRACUR I OFFICER TO ISSUE A 10111CRASE ORDM 101t THIS 11ATERIAL, =JECT TO T= AVAILAi2 M OF, 110111 , (Here follow body of resolutioe, emitted hest emd on file is the 0911ce of the City C10*.) y z.. 73.4 LATIN CHAMBER OF COMMERCE, INC. - EXECUTE AGREEMENT IN SUPPORT OF 1988- 69 PROGRAMMATIC ACTIVITIES OF THE PERMANENT SECRETARIAT OF THE HEMISPHERIC CONGRESS OF LATIN CHAMBERS OF COMMERCE AND INDUSTRY, INCLUDING IMPLEMENTATION OF THE X HEMISPHERIC CONGRESS. RESOLUTION NO. 88-771 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE LATIN CHAMBER OF COMMERCE, INC., IN TIM AMOUNT OF $150,000 TO SUPPORT THE 1996-89 PROGRAMMATIC ACTIVITIES OF THE PERMANENT SECRETARIAT OF THE HEMISPHERIC CONGRESS OF LATIN CHAMBERS OF COMMI CE AND INDUSTRY INCLUDING THE IMPLEMENTATION OF THE X HEMISPHERIC CONGRESS; FUNDS TO BE APPROPRIATED IN THE CITT'S 1968-69 FISCAL YEAR BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 73.5 ERM-SOUTH, INC. - EXECUTE AMENDMENT TO AGREEMENT - PROFESSIONAL SERVICES AND INITIAL REMEDIAL ACTION (PHASE II) ENVIROMffiiTAL ASSESSMENTS OF BLOCKS 24, 37, 46 AND 55 OF SOUTHEAST OVERTOW/PARK WEST COMMUNITY AREA. RESOLUTION NO. 88-772 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDIMNT, IN A FORM! ACCEPTABLE TO THE CITY ATTORNEY, TO THE AGREEMENT AZTl'HORIZED BY RESOLUTION 88-582 ON JUNE 23, 1988 BETWEEN ERM-SOUTH, INC., AND THE CITY OF MIAMI, FOR PROFESSIONAL SERVICES AND INITIAL REMEDIAL ACTION RELATED TO CONDUCTING PHASE II ENVIRONMENTAL ASSESSMENTS OF BLOCKS 24, 37, 46, AND 55 OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY AREA; ESTABLISHING $29,800 IN FEES FOR SAID PROFESSIONAL SERVICES, $18,000 FOR THE EXCAVATION AND REMOVAL OF CONTAMINATED SOIL ON BLOCK 24 AND A $2,200 COMTIMGXMCT FOND FOR THE PROJECT= USING FONDS THEREFOR IN AN AMOUNT NOT TO EXCEED A TOTAL OF $50,000, WITH $20,000 FROM 1976 NOOSING SAL OBLIGATION BONDS FOND INTEREST PREVIOUSLY ALLOCATED TO THE SOUTHEAST OVERTOWN/PARK WEST CQ--- ITT REDEVELOPMENT PROJECT CIP NO. 322029 AND $30,000 IN GENERAL. FUNDS ALLOCATED IN FT 87-88 TO THE DEPARTMENT OF DEVELOPMENT OPERATING BUDGET. (Here follow body of resolution, omitted here and on file in the Office of the City Clerk.) 78.6 1988 UNIVERSITY OF MIAMI HOME FOOTBALL GAMES - AUTHORIZE PURCHASE OF 200 RESERVED SEASON TICKETS FOR UNDERPRIVILEGED INNER CITY YOUTH. RESOLUTION NO. 88-773 A RESOLUTION AUTHORIZING TM CITY MANAGER TO PORCHAW TWO HUNDRED RESERVED MASON TICKETS AT • TOTAL COST OF $21,000 FOR 19" UNIVERSITY OF MIAMI 11011E FOOTBALL GAMES TO Bs DISTRISUZSD TO U�RPRIVILIMD D WR CITY YOUTH IN MIJMI 11M FZMDING FOR SAID PUS ALLOCATED FROM SPECIAL tRONMAMs AND ACCOUNTS, CON 111 13M2 MD. 'x (note follow body of resolution, omitted "to on file is the Office of the City Clark.) n x> 1 v i R f • 78.7 ACCEPT 19 DEEDS OF DEDICATION FOR HIGHWAY PURPOSES - APPROVE RECORDING. RESOLUTION NO. 88-774 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT NINETEEN (19) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING THE RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follow body of resolution, omitted here and on file in the Office of the City Clerk.) 78.8 ACCEPT PLAT: PARK LANE AT THE GROVE. RESOLUTION NO. 88-775 A RESOLUTION ACCEPTING THE PLAT ENTITLED PARK LANE AT THE GROVE, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; 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 follow body of resolution, omitted here and on file in the Office of the City Clerk.) 78.9 ACCEPT PLAT: COLLWW 'S SUBDIVISION. RESOLUTION NO. 88-776 A RESOLUTION ACCEPTING THE PLAT ENTITLED COUJ='S SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMIM AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS1 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 follow body of resolution, omitted here and on file in the Office of the City Clerk.) 78.10 ACCEPT GRANT FOR RENOVATION OF THE MANUEL ARTIME COMMUNITY CENTER PHASE II ($200,000) FROM FLORIDA DEPARTMENT OF STATE DIVISION OF CULTURAL AFFAIRS, BUREAU OF STATE PROGRAMS. RESOLUTION N0. 88-777 A RESOLUTION AUTHORIZING THE CITY MAMUR TO ACCEPT A GRANT FROM THE YWRIDA DEPAR111E11'r ON STAT* DIYIEION we CWLTORAL ATPAIRS, pus"U O1 ETAS* CAMS IN T= AWMW Of $200, 000 X!" W T= r UMATION OF Tics NAMU ARTINE CMMIT! CE11fERp PHASE II, AS APPROVED BY THE PLORIDA ETA'* L*GISLATURE, FURTM AUTWRIZING THE CITY NAMMU . ENT*R INTO TIE NaC584 RT r= TO ACCiK Ails IWLMW SAID WANT, SUBJECT TO APPLICAUX CITY CODS PROVISIONS. � i (Nor* follore bail► of s000lutLeap mitt" ben eW OR file is the Office of the City Cleft, • • 7B.11 MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. - ALLOCATE $30,000 TO OPERATE THE DOUGLAS GARDENS SENIOR ADULT DAY CARE PROGRAM AT LEGION PARK. RESOLUTION NO. 88-778 A RESOLUTION ALLOCATING $30,000 FROM THE FT'89 GENERAL OPERATING BUDGET IN SUPPORT OF MIAMI JEWISH MIO11E AND HOSPITAL TO THE AGED, INC. , TO OPERATE THE DOUN AS GARDENS SENIOR ADULT DAY CARE PROGRAM AT LEGION PARK; SAID SUN TO BE RESTORED TO THE GENERAL nvDB UPON RECEIPT OF INTEREST ON EMAIL K/GS FRO! THE ISMS! STATE BOND POOL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAID A=NCY FOR SAID PROJECT SUBSTANTIALLY IN THE ATTACHED FORM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 73.12 AFFROV! EXTENSION OF EMPLOYMENT: CARMEN CRUZ (TYPIST CLERK II, DEPT. OF POLICE). RESOLUTION NO. 88-779 ♦ RESOLUTION APPROVING A ONE (1) TEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF 71 FOR CARMEN CRUZ, TYPIST CLERK II, DEPARTMENT OF POLICE, EFFECTIVE JANUARY 12, 1988, THROUGH JANUARY 11, 1989, WITH THE PROVISION THAT IN THE EVENT OF A ROLL BACK OR LATOFF, CARMEN CRUZ'S PHYSICAL CONDITION SHALL BE REEVALUATED TO DETERMINE IF HER CONDITION IS SATISF♦CTORY FOR CONTINUED ffiQLOTMENTi FURTHER PROVIDING THAT ALL FUTURE REQUESTS FOR EXTENSION OF XffLOYMENT BE BROUGHT BEFORE THE COMMISSION ON YEARLY BASIS FOR ITS REVIEW. (Here follow body of resolution, omitted here and on file in the Office of the City Clerk.) 73.13 1968 ORANGE BLOSSOM CLASSIC PARADE - AUTHORIZE STREET CLOSURES - ESTABLISH PEDESTRIAN MALL - RESTRICT AREA OF RETAIL PEDDLERS. RESOLUTION NO. 88-780 A RESOLUTION CONCERNING THE 1986 ORANGE BLOSSOM CLASSIC PARADE TO BE CONDUCTED BY THE ORANGE BLOSSOM CLASSIC COMMITTEE ON OCTOBER 8, 1988, PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC; ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; CONDITIONED UPON THE REQUIRXMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON THE ORGANIZERS PAYING FOR ALL NMICESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID XVMT, MOND THE FLALDING PROVIDRD BY FWIVAL ORDIMAHM NO. 10206. (here follow body of resolution, omitted bass sad on file is the Office of the City Clerk.) • C IB.14 COLUMBUS DAY WEEKEND PARADE - AUTHORIZE STREET CLOSURES. RESOLUTION NO. ee-781 A RESOLUTION CONCERNING THE COLUMBUS DAY WEEKEND PARADE TO BE CONDUCTED BY THE CARNIVAL DEVELOPMENT COMMITTEE ON OCTOBER 8, 1999, 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.) 73.15 PAELLA 88 - AUTHORIZE STREET CLOSURES - PERMIT SALE OF BEER AND MINE - ESTABLISH PEDESTRIAN MALL - ESTABLISH AREA PROHIBITED TO RETAIL PEDDLERS. RESOLUTION NO. 88-782 A RESOLUTION CONCERNING PAELLA 88 TO BE CONDUCTED BY MIAMI DADE COMMUNITY COLLEGE ON OCTOBER 8, 1988, PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC, ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING A ONE -DAY PERMIT TO SELL BEER AND WINE IN CONNECTION WITH SAID EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; CONDITIONED UPON ORGANIZERS PAYIFG FOR THE NECESSART 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 Clark.) 8. IGLESIA CATOLICA ANGLICANA SANTA BARBARA - BRIEF DISCUSSION AND DEFERRAL OF PROPOSED RESOLUTION RECOGNIZING TAX EXEMi'T STATUS CLAIMED. Mayor Suarez: Item four, Commissioner Dawkins. Mr. Dawkins: OK, on item four, Mr. Manager... Mayor Suarez: status. Mr. Dawkins: ... it says, and I'm reading from this, and autborising aNd instructing the finance director to reimburse said amount, church the smo%va which is to be paid by the church. If it is to be paid by the church, wby anti we reimbursing thew? I wean, I don't understand the terminology. Rf, , _ilk Mr. Carlos Garcia: The church hasn't paid and the reason they use bad billed is that they newer filed their... = =- Mr. Dawkins I understand... ekti t Mr. Garcias Eight. SO ,f Mr. Dawkins: ... the reason for the filing, we've done it before. All I'm saying is that you're saying that I must reimburse somebody for something they did not pay. Mr. Garcia: They haven't paid it yet, once... Mr. Dawkins: So then - so why put it in here that we're reimbursing them for that paid? Mr. Garcia: Well, once they make payment, than we'll reimburse them, Commissioner. Otherwise, we will not reimburse them. Mr. Plummer: Well, let me ask this question. I'm sorry, are you finished, Commissioner Dawkins? Are you finished? Mr. Garcia: Because they got a tax bill. Mr. Plusaer: Let me ask you. First of all, you did - someone went there and determined that there actually is a church operating there. Mr. Garcia: I went by there. I didn't go into the church, I saw the sign, I talked to other City staff that tell me they are members of the church and they go there to attend services. Mr. Plussier: All right and, you know, this is the thing, are we exempting the taxes for an entire commercial building or just that portion relating to a church? Mr. Garcia: I believe it's just that portion that's related to the church. Mr. Plummer: I want to make sure of that. The second point I wanted to make... Mr. Dawkins: Well, since they haven't paid it, J.L., why don't we defer this until they come back with these answers? Mr. Garcia: Well, the... Mr. Plummer: Well, the other point that I wanted to sake was, you know, this Is the thing that taxes have not been paid on for three or four years. Mr. Garcia: That's right. Mr. Plummer: How such are we waiving, all three or four years? Mr. Garcia: Since 1982. Yes, Commissioner. Mr. Plummer: How do we know that there's been a church operating there in this commercial building for that period of time? Mr. Garcia: We have a tax deed that shows that in 1982 the property was transferred to the church and I know the church has been there for several years. I've seen that sign for several years. Mr. Plummer: That's not what I read. Mr. Garcia: We have a tax deed now attached there, Commissioner. Mr. Plummer: Yes, but I saw the tax bill in the name of an individual. Mr. Garcia: It was both the former owner and the church. Mr. Plummer: How does the owner and the tax bill relate? In other words, is the owner the pastor of the church? Mr. Garcias The owner - no, Mr. Sr own was the forcer owner and some of the bills show his names, OK? Evidently the county did not chaffs the tax r*""s on time awd some of the bills show Mr. Brawn's same. Now, the moor ,j building is the church itself, the Res pratit aerpesatiwt. Mr. slvm rI Well, it... J.- rn4 A � x Mr. Odio: I'm told by the City Attorney... Mr. Dawkins: OK, I move that this be... Mayor Suares: Do you want to defer the item? Mr. Dawkins: Tee, I defer. Mayor Suares: Pending clarification of all thane... Mr. Dawkins: I move it be deferred till we get these things cleared up, since they haven't paid... Mayor Suares: You OK on that, Commissioner? Moved. Do we have a second? Mr. Plummer: Second. Mayor Suares: Call the roll. ON MOTION DOLT MADE BY COMMISSIONER DAWKINS AND SECOMDED BY COMMISSIONER PLUMPER THE ITEM WAS DEFERRED BY THE FOLLOWING VO'1'E: AYES: Commissioner Victor De Turre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez MOSS: None. ASSENT: None. 9. GROVE KEY MARINA, INC. - AUTHORIZE RENT PATMZMTS ASA22MINT (FOR REPAIRS DOE TO TWO EXISTIli<i HANGARS) AND EXECUTION OF COLLATERAL ASSItX 131 BETWEEN GROVE KEY MARINA, INC. WITH COCONUT GROVE SANK, PURSUANT TO LEASE AGREEMENT. Mayor Suarez: Item five. Mr. Dawkins: Somebody from property management. What In collateral assignment? We own the land, the company that's applying for the loan does not own anything to promise as collateral, so what is a collateral assignment? It's anybody over there. Mr. Spencer Meredith: Commissioner Dawkins, if I may, I'■ Spencer Meredith, president of Grove Key Marina and I'd like to answer that question. Mr. Dawkins: I don't know why you - no, I don't want you to answer. We pay these people over here to answer. Mr. Meredith: The only reason I suggested was that I.... OK. Mr. Dawkins: No, no, no, no, no, sir. I'■ telling you, I don't vast to hew It, sir. Nov, if they slake a mistake or an error, thou I'd like for yea - to ,- correct it. But see, the Herald may we pick on people and it's a staple question. OK? Thank you, sir. Mr. Plummer: Is that the same organization that recoomends you don't votol ay r Mr. Dawkins# Too.; Mr. Pl%onaero That'a what I thought. t Mr. Dawkins* And they want sere sinerit ies ead sere Maoom sad �� �� four white Anglo sales, God bless than. lie right ahead, a � 1 4 0k, Mr. Plwsrr# Dss't veto and that's amproond 4e be--ft` <. Mr. Ron Williams: In response to your - Ron Williams, director of GSA. Cossaissioner, in response to your question, that particular issue, the reason, Mr. Mayor, of the is that he as a lease@ in this situation, clearly City property, is standing personally for the amount of money that's required to make these improvements on City property. The package as is before you provides that we allow those improvements to be abated over a period of time. Mr. Dawkins: OK, now, it is recommended that the City Manager be allowed to execute a collateral assignment assigning what? Mr. Williams: Well, the lease is presently in force. Mr. Dawkins: Well, all right and the bank is going to loan money on a lease assignment? Mr. Williams: No. No, the... Mr. Dawkins: No, no, no. Somebody, no, no, no, no, no. Coma on, give me a break now. If they will, I'll go over there right now. What bank is that? OK? Mr. Plummer: Last National. Mr. Williams: Commissioner, the reason it was important that Mr. Meredith responded that he is the gentleman that's borrowing the money and he's the gentleman that's putting forth the funds. Mr. Dawkins: But he is not the gentleman who we pay to stand up and bring us Information that we require. Mr. Williams: That's correct. Mr. Dawkins: OK? All right, now, that's fine. All right, so it's established that this gentleman is going to do just like Stu did with the boat, hydro boats, hydro fills, OK? He's going to stand liable and they never get in the water but he's liable and we never collect our money but he's still liable. Mr. Odio: Miller, I think and I'm not a lawyer... Mr. Dawkins: No, no, no I Mr. Odio: I think what we're doing is that we are telling the Coconut Grow Bank that he's putting his lease on the line. Mr. Dawkins: He can't put his lease - lease of what? Mr. Odio: Of that property. Mr. Dawkins: The lease belongs to the City of Miami. Mr. Odio: No, sir, it belongs to him. Mr. Plummer: No, no, no, he has the lease. The City, the property does. Mr. Dawkins: The property belong to us. Mr. Odio: The property belongs to us, the lease belongs to him and if you - he can... Mr. Dawkins: You know, you know, we're right back to the same thing yeaSto trying to with Brother Paul. Mr. Odio: No, no, no. Mr. Dawkins: You all getting ready to give money on a lease.k Mr, Odios No, sir. No, sir, Cosssissionar Dawkins. Mr. Darkinse OK, now, all right, I don't... OK Use. Wbat to %be m* resat rre than that weu've been collectisa? What's the mosommeaff Aoki'+.r:r Mr. Williams: Let so get that for you, Commissioner. I don't have the last three years but clearly I think we're getting something in excess of $10,000 a month. Is that right, Spencer? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dawkines All right. Well, what does this mean is, in the last admitted year revenue to the City have totaled $245,000. What does that meant Mr. Williams: That's the approximately $120,000 per year or $10,000 a month that I just gave you. Mr. Dawkins: In the last audited year revenue... Mayor Suares: He has twice that amount. Mr. Dawkins: ... year, it didn't say years, it did not say years, it may year. Mayor Suares: He has twice that amount. He has two forty-five there. Mr. Williamas Where are you reading from, Commissioner? Mr. Dawkins: On page five, item five, the first page. Mayor Suarez: The top sheet of our support materials has $245,000. Mr. Williams: Yes, there's a minimum established in the lease agreement, Commissioner, and, obviously, based on gross sales, gross rentals, obviously we make additional monies. Mr. Dawkins: OK. Mr. Williams: This package is set forth based on a ■inimnw of that $10,000 that I gave you, thus, the abatement that we're proposing her* allow the City's property to be substantially improved over a period of time, clearly would take us to forty, fifty years based on the improvements. Mr. Dawkins: Mr. Ron Williams, Mr. Ron Williams... Mr. Odlo: Mr. Dawkins... Mr. Dawkins: As J.L. Plusher says, the citizens and the taxpayers of this county pay dearly through the nose. Here we have an organization that's paying $245,600 a year in rent and other concessions, a year, and they're going to do $360,000 worth of work to a facility and you're going to abate $245,600 for ten years. You're giving up $2,000,000 for $360,000 worth of repairs. 11Mr. Meredith: No, sir. No, sir. Mr. Odio: Let me clarify this, Commissioner. Mr. Dawkins: Well, somebody needs to. Mr. Meredith: No, sir, that's not correct. Mayor Suarez: Wait, wait, wait, Spencer, we got the Manager now. Mr. Odios To my - wait, wait a minute, to my surprise, about, I think it Mao three years ago, I asked Mr. Meredith when are you going to iWprow your _. property? It looks like hall. He says, whenever you want. I sold, lMl1a4 you mean, whenever I want? He said, ours, my contract witb the City - Moat year did you get started on that contract? Mr. Merediths It started - for the record, my nems to Spssasr Meredithe to V president of Grove Key Marina... Mr. Adios Vhat year? 'n Ms. Mendiths Our team start«d in aril 1, 'fi... a'w;tF qa F W Mr. Odio: OK, excuse me. In 1976 he had a lease from the City that says clearly, Commissioner Dawkins, that the City pays for any improvements on that property, not him. So when he said, sure, go ahead and fix it up, I said, why are you accepting so fast? He said, because you got to pay for it. And at that time, we decided it would cost about a million dollars of improvements which we don't have. So we sat down with him and this is the only way we feel we can - since we don't have - we don't want to put up cash up front, that he would improve the pronerty and we would pay it back this way. Mayor Suarez: Let so, let... Mr. Odio: So, in other words, the lease that he has calls clearly that the City must pay for all improvements. Mr. Dawkine: No way, no way. I don't have any probleme with the lease requiring that we make the repairs. We should, that's the lease. But the lease doesn't may that if he's paying the City - not he, I'■ sorry - that if the firm is paying the City two hundred forty five - a quarter of a million dollars a year - that for 10 years you're going to abate a quarter of a million dollars for three hundred..... Mr. Williams: No, Commission... Mr. Meredith: No, no, no, no... Mayor Suarez: No, no. Let's go - wait, wait, wait, wait, wait... Mr. Dawkina: ... and sixty dollars worth of repairs? Mayor Suarez: Wait. Now everybody wants to answer the question and instead of everybody else answering, I'm going to try to answer it because we've got to get going here. Mathematically, so the Comrissioner and I and the rest of this Commission can understand, you guys seem to make everything a little more complicated than it is. On a particular year we make $245,000. let's may. Please. Now, if the rent abatement is a total of $360,000 over ten years, does that mean the typical year will have $36,000 rent abatement? Mr. Williams: Yes, sir. Mr. Maredith: No. Mayor Suarez: Does that Wean that the amount that we will take in will be $190,000 roughly if the total amount is two forty-five? Mr. Meredith: No, sir. Mr. Odio: Yes. Mayor Suarez: You're saying yes? Mr. Dawkins: He's saying no. Mayor Suarez: He's saying no. Why are you saying no? Mr. Meredith. Mr. Meredith: Sir, I can answer this question very simply, Mr. Wil.... Mayor Suarez: No, no, no. Just that particular question, if you can. Mr. Maredith: No, sir, what actually happens, you get $5,000 a month troy Grove Key Marina as a minimum guarantee. Grove... Mayor suares: Well, we're based - m 're using that the yearly revemes from last year are two forty-five. Can't you base your analysis on that? `5 Mr. Meredith: That includes Chart House and Grove Key Marian together. TOA s get about $135,000 a year from Chart House who pay you directly. Mayor Quares a Right. Mayor Suarez: Total rent on the space in question or revenues to the City is about $243,000. Mr. Neredith: Combined together, right, from the property. Mayor Suarez: Right, right. Mr. Meredith: Of the $110,000 that you get from Grove Key Marine, we have to pay you, under the terms of the lease, a minimum guarantee of $60,000 which we would continue to pay you. So that mean about $50,000 of the overage, the difference between the hundred and ten and the sixty would be amortizing it. Mayor Suarez: So, instead of $36,000 any one year, it could be $50.000... Mr. Meredith: From us and you'd still get the $135,000, or whatever it is, from Chart House so, actually, your cash revenues from the property combined would only be about, more or less, $50,000. Now, it puts a burden on us to pay the loan off as soon as possible because we're paying all the interest on it. Mr. Dawkins: 1 agree with the Mayor. I agree with the Mayor. I move that this be continued and that they go put the wording in here like it's being said and like it's going to be done so that we, up here on this Commission, understand it and be sure you say that once the $360,000 is paid out, whether it's one year, two years or ten years, the rest of the money comes to the City of Miami. Don't tell me it's going to take ten years to repay this money. Mayor Suarez: Well, if you want to, let's table the item and make aura you can come back to us and assure us of that being the case and then we'll go ahead and vote on it. Mr. Dawkins: Go right ahead, air. Mr. Meredith: Mr. Mayor, please, in all honest and fairness, and Commissioner Dawkins, the item was on two previous agendas and it was not heard because it was... Mayor Suarez: We're just tabling the item for it could be five or tan minutes. Mrs. Kennedy: We'll do it this afternoon. Mr. Meredith: OK, but look, I can answer all your questions satisfactorily. Mayor Suarez: Your property is next to here, you can wait five or ten minutes. You've been here every Commission meeting, it seems, on the issue of Merrill -Stevens, Spencer, and you can wait five or ten minutes, please, we've got to procedurally move on. Mr. Meredith: OK, but the answer is available for you right now. It will sat... Mayor Suarez: They're going to provide that answer maybe in the next five minutes. They might even provide it right now for all I know, but please have a seat. Are you ready to provide the answer? Are you guaranteeing that what the Cossaisaionet's asking is the case? Can you give us wording that shows that? Mr. Williams: Yes, we can give you wording, Mr. Mayor. Mayor guaress OK, you don't have it yet but you're going to get it to us. r .$tp Mr. Yilliams: Well, yes, and we apologise for the confusion. The Ouse t,nc,yy answer to the question Is that the City will abate no more than the sots" 4 cost. Mayor suaress OK, can you show us wording in the resolution tbst clarLti" . that? If -sot, draft it and put it in there, that's all be's "kIng, Mr. bawkinas Or just shange it. x ,may, I i Mayor Suarez: That's it. Mr. Dawkins: Just say after this word, the word will be so and so, we change it. Mr. Williams: I think if you read the title of the resolution, Mr. Mayor, it's there. basically, it says for repairs due to ordinary wear and tear to existing hangars on it's leased property in an amount not to exceed $360,000 within a ten year period, interest free. Which means, the City is not even accumulating the cost of the interest. Mr. Odio: Keep reading. After payment... Mr. Williame: After payment of the annual minimum rate guarantee pursuant to the less* agreement dated April 1, 1986, I mean 176, I'm sorry. The point is that is the total amount of rent abatement that the City's committing to. The Interest that's required on the loan is clearly not the responsibility of the City and I think that's our commitment. Anything above that $360,000 over the period of time reverts clearly to the City. Mayor Suarez* Wall, we're not too concerned about interest, you know. It would be really crazy if we had to advance the money and pay interest on top of that so don't worry about the interest. Mr. Plummer: We're not advancing the money. Mr. Dawkins: You see, but it doesn't may here that they are required to pay the $360,000 out just because they got the money. Mr. Meradith: Sir... Mr. Williams: They're borrowing the money, Commissioner, we're not. Mr. Dawkins: No, no, no. You hear me but th*r*'s nothing in here that says that if they can pay the $360,000 out in one year, that they'd do it and the rest of this stuff for ten years is void. Mr. Meredith: No, no, no. Mayor Suarez: Well, what he wants is assurance that once the $360,000 rent abatement is completed, that they will be paying full rent as per the agreement. Can you put wording that says that? Mr. Odio: Tau, yes. Mayor Suarez: Can you put wording that says that? Mr. Odio: Yes. Mrs. Kennedy: And I believe that the record should reflect that we're not advancing money, we are using their money. Mayor Suarez: I'm sorry, yes, rent abatement, not advance. Mr. Odio: Yes, we can assure you of that. Mayor Suarez: OK, could you just put that in and we'll vote on it in a tow minutes. What's the big hassle? Ite. six. Mr. Plummer: Well, wait a minute, there's one other short tall there. Mayor Suarez: Commissioner Plummer. Mr. Plummer: You're talking about at the worst and it you're going to rd the thing and the concern that I had was over a tea year period, ;1600000 $16,000 a year. There's got to be sonothiag is there that the anmust p4powSK can be no less than towards retirement of the loan.. Mr. Mereditb: Sir... Mayor Susress Tea, how N you eavisiaa that ssbed~tto OC VOW , TM is it # 6"M eo"Wr s Yom... r r e,. �k S, a 43 i 3 Mr. Meredith+ No. Mayor Suares: ... or up to thirty-aix, but no lose than a certain amount or what? Mr. Plummer: Wall, but wait a minute, whoa, whoa. What happens if he doess't do anything until the tenth year? Mr. Williams: What happens if he does not pay anything until the tenth year? Mr. Plummer• Too. Mr. Willisma: He has to maintain his minimum rent payment as prescribed in section one of the resolution. Mr. Plummer: But if he doesn't, if he takes all of the money in this year, there's nothing in this ordinance that presently states that he must retire a minimum amount of the loan every year. Mr. Odio: No, Commissioner, it says, after payment of their annual minimum rent guarantee. Mr. Plummer: I understand that, air. Mr. Odio: So they have to pay that first. Mr. Plummer: They have to pay the annual minimum guarantee. Mr. Odio: That's right, that's right. Mr. Plummer: But there's nothing in there that says he has to pay anything on the loan. Mr. Odio: Well, he's go to pay, wait, excuse me... Mr. Meredith: Well, the bank has something to may about that. Mr. Plummer: No, no, no, no. Not with the bank, Spencer... Mr. Odio: No, no, he's paying the bank. Mr. Plummer: God forbid. you're in business, in the 9th year you've not paid ton cents because it's not mandated and you go into bankruptcy. This City to left holding the bag. Mr. Meredith: No, sir, all that would happen would be that the bank would take over our lease and you'd have a new tenant. Mr. Plummer: I'm saying there ought to be a minimum annual payment on the loan. Mr. Meredith: The bank has established that, sir. Mr. Plummer: But it's not in ours. Mayor Suarez: It would have been very... Mr. Marodith: No, because normally you wouldn't be inrolved In the negotiation with the bank since you really don't want to be. We're borrewiag the money. Mr. Plusmar: Spencer, all I can may is what is here. it the bank - ft requiring it of you... Mr. Meredith: Tea, sir. a. Mr. Plummer: ... than it's so problae putting it I& bets. s Mr. Meredith: No, we csa stets... IP ` Mr. 11w r l 'tr#* tim too 184~ - w Mayor Suarez: Sure, it would have been very simple to have a schedule or payments of the rent abatement instead of just saying a maximum of 10 "rare and $360,000 so we would know exactly how much is going to be abated each year. That would have been very simple. Mr. Maredith: Mall, the problem on it is that our actual income to the City fluctuates each month, it rises and falls. And what happens is, each month we will give you $5,000 a month and then whatever the difference is. Let's say we ware going to pay you $9,000 one month, well $4,000 will go toward the rent abatement. Next month we're supposed to pay you ten, so $5,000 will go toward the rant abatement until the money is used... Mr. Plummer: But there's nothing in here that mandates... Mr. Maredith: ... the credit is used up. Mr. Plummaer: In our ordinance, I don't know what your agreement is with the bank, I haven't seen it, don't want to see it, there's nothing in our ordinance before us that mandates that you must make an annual payment, amen minimum annual payment to reduce the loan. Mr. Meredith: No, there's no problem on that, I'll be happy to put that in there. Mr. Plummer: All I'm saying so that in the ninth year, you know, bankruptcy forecloses, the City's left holding the bag and you haven't paid anything. Mr. Maredith: It really isn't though because all of our assets are... Mr. Dawkins: You know, Mr. Mayor, I'a going to may one thing and I brought this up and I'm going to may one thing. It's amazing how everybody comes down here to the City of Miami, you got waterfront property, they got choice property in the City of Miami and they're complaining about $120,000 a year just because that's what they bargained with in 1976. There ain't no way in hell they could get that property for that amount but they have never been benevolent enough to come in and say, you know the City's got financial crunches and we are doing very well, therefore, we're going to, out of the goodness of our heart, give you something that this property is really worth in rent. But yet and still, everybody wants you, you know, because we are the City, you got tax money to give them all kind of breaks. Go ahead and move your agenda, Mr. Mayor, please. Mayor Suarez: OK, I'll entertain a motion on the item with the clarification that has been requested that once the $360,000 rent abatement is completed, we will collect the full rent as per the agreement previously. Mr. Dawkins: I move it with that... Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any further, Commissioner De Yurre. Mr. De Yurre: Discussion, yes. I have a concern and my concern is to try to avoid, as much as possible, having a replacement tenant because of sane circumstance that may come about in the future. You knowwe've been dealing with our tenants for a number of years now and whether it's a good deal or not, at least there's some comfort margin in that we've been doing it for twelve years now. I would not feel that comfortable having Coconut Grove Bask or anybody else cams in and having to deal with them. What I would suggest is that, just like they've been paying on a monthly basis and what they're seyU* to that on a monthly basis we get $5,000 no matter what. But what thay'f# suggesting now is that we only get the five of the excess, they directly Lola care of the bank. What I would suggest is that they pay the full m"m** lie they always have and we take the excess over the $5,000 and pay it dl.reetl3r to the bank. That insures that the money is being paid, that there are So q shortages... Mayor Suaress It'll be the conduit for the payments to the bark on the toW r `Yt r L Mr. Mersdiths Ton lsgslly can't do that. Me bads ►Ot :do.$#p%. dae't it%W l" Woot to be involved in the liability so $Me to". —00 25 f � Mayor Suaress The bank won't do that, Spencer. They won't take our money? I'm sure they'll take whoever's money in payment of the debt. Mr. Mereditht No, they went their money on a certain date, sir. And they vast their money on a certain data and... Mayor Suarest Oh, we're very good at paying on a certain date. Mr. Dawkins- Nell, you're going to pay us on a certain date and we pay them on a certain date. You don't pay us on a certain date, we don't pay them. Mr. Mereditht Well, you'll have a... Mayor Suarez- I'm sure our credit is as good as yours. Maybe a little better. Mr. Williams: Commissioner... Mr. Meredith: It's a bit better. Mr. Williams: Mr. Mayor, if I may add, if I may add something that might accomplish where the Commissioner's trying to go. If, some kind of way we could work out a formal arrangement whereby we would be either receive a copy of the certified letter or be in some way assured that that money is there and on some kind of quarterly or annual basis, we reconcile balances both with our tenant and the bank... Mr. De Yurret Well, you have to do that anyway. Mr. Mereditht You do that auditing anyway. Mr. De Yurret You do that auditing anyway. Mr. Williams: Well, we do that but this is a now situation because we have not been involved in this kind of third party loan agreement. Mayor Suarez: Do you want to build in some kind of mechanism to be sure that the payments are made? Mr. Meredith: Why don't we send you a copy of the receipt? Mr. Williams: Yes, we want to assure that the loan payments are made. Mr. De Yurre: A monthly copy of the receipt from the bank. Mr. Meredith: Right. I'll do that happily and then you'll know - and also in the loan document with the bank, we'll have them notify you within 10 days if they haven't received payment. Mr. De Yurre: What I'm saying is that the bank... Mayor Suarez: I'm sure they will notify everybody within 10 days if they haven't received payment. Mr. Meredith: So you'll be covered that way. Mr. De Yurre: OK, but what I'm saying is that this - what I'm trying to build into this motion is that the bank agrees to send us a monthly statement of the amounts they received. Mr. Meredith: Yes, sir, we can do that very easily because you'll... y ai Nh Mr. De Turret Not that you send it to us that the bank sends it to Up directly. Mr. Meredith: Teo, that's exactly how it would come. Mayor Suares: Ron, wake sure that that wechaniow to tuplew�oste�i, rF. Mr. Meredith: came from the beak. It would be d *9. they'd rose ived payw at . 6 . z i420, 3Q k 1 :7 • Mr. De Turret OK. Mr. Willismms We will assure that happens, Commissioner. Mayor Suaress You don't need to build that into the motion, you could Just de that as an additional request from staff, OK? Mr. De Turret OK. Mr. Meredith: That's in the record and I'll see that that's done, sir. Mr. De Turret If we can just do that, that will insure that we get that in writing from the bank. Mayor Suaress OK. We've got a motion and a second. Any further discussion? Make sure that that mechanism is implemented please, Ron. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoptions RESOLUTION NO. 88-783 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ABATE RENT PAYMENTS FROM GROVE KEY MARINA, INC., FOR REPAIRS DOE TO ORDINARY WEAR AND TEAR, TO THE TWO EXISTING HANGARS ON ITS LEASED PREMISES IN AN AMOUNT NOT TO EXCEED $360,000 WITHIN A TEN (10) YEAR PERIOD, INTEREST FREE, AFTER PAYMENT OF THE ANNUAL MINIMUM RENT GUARANTEE PURSUANT TO THE LEASE AGREEMENT DATED APRIL 1, 1976 AND SUBSEQUENT AMENDMENTS, AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A COLLATERAL ASSIGNMENT IN A FORM ACCEPTABLE TO THE CITY ATTORMET, U1VKEN GROVE KEY MARINA, INC. AND THE COCONUT GROVE BANK, PURSUANT TO THE LEASE AGREEMENT DATED APRIL 1, 1976 AND SUBSEQUENT AMENDMENTSN AURTURR Ti MING REQUIREMENT THAT THE CITY BE NOTIFIED MONTULT BY TM BANK OF LOAN PAYMENTS MADE BY THE LESSER DURING THE LOAN PERIOD. (Here follow body of resolution, omitted here and oa file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was pass" and adopted by the following vote: AYESs Commissioner Victor De Turre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. - o S �[ k •:Y 4 ef; --------a------------------------ 10. ACCEPT BIDS R.R. GROVE, INC. FURNISH NINE (9) DIRSEL ENGINES i0 DEPARTMENT OF GSA. Mayor Suaress Item six. Mr. Dawkines .....six. Mayor Suaress Commissioner Dawkins also. Mr. DaMkines No, I pulled nine, I'm sorry. Mayor Suares: OK, I'll entertain a motion on item sift. Mr. Dawkinss Move it. Mayor Suarest Moved. Mr. Plummars Second. Mayor Suaress He pulled it but, at least I thought he had. Call the roll on item six. The following resolution was introduced by Commissioner Dawkins, Mho moved its adoptions RESOLUTION NO. 88-784 A RESOLUTION ACCEPTING THE DID OF R.S. GPOTR, INC. FOR PURNISHIMG NINE (9) DIESEL SWIM TO = DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF =44,487.00 ALLOCATING FUMDS TiRRQOR FROM THE 1997-68 OPERATING BUDGET ACCOW CODE i420301-850i AUTHORIZING THE CITY MANAGRR TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO IS$= A PUKHASE OBiDEIt FOR THIS EQUIPMENT, SUBJECT TO THE AVAILABILITY OF FUNDS. } (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was pass" :� a and adopted by the following votes AYESs Comm issioner.Victor De Turre, Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOESs None. ABSZMTs None. ' .t 3 i q+ - y pry i III1 1. tip. d 3 KCG ± cS�Fi^ l.ti?i ,rtIN40 ---------------- - -- - ---------------------------- ---------- 11. MARTIN'S LAMM UNIFORMS - DISCUSS AND DEFER - DIRECT ADMINISTRATIO19 TO pLhcs ;S2,000 IN A R invi ACCOnNT TO EE SPENT ONLY FOR UNIFORMS AT TIM CITY COMMISSION'S DISCRETION. Mayor Suares: Item pins. Mr. Dawkins: Item nine, Mr. Manager. In the budget hearing it was said that whatever balance was left in the police budget for uniforms would be added to the budgeted amount this year. What's that amount so that I can insert that Into this ordinance here, this resolution? Mr. Odio: Well, I think they had a balance of $82,000 if my mamory... in the police... Mr. Dawkins: OK, so $82.000.... Mr. Odio: ... but that's been used up right now. Mr. Dawkins: Mr. Manager. Mr. Odio: And more. Mr. Dawkins: Eighty-two thousand... Mrs. Kennedy: Wasn't it eighty-seven thousand? Mr. Dawkinsi Eighty-two thousand onto this will give us =4O7,236. 1 was that the police uniform budget reflect $407.238 instead of $327,238 so that they can purchase the uniforms that was promised last year and promised the ones that... Mr. Plusimer: What? Mr. Dawkins: ... could be purchased this contract year. Mr. Plummer: The question that I want to ask is, how may actual policemen dd we buy uniforms for? Mr. Odio: You man for all of them, eh? Mr. Plummer: We don't buy uniforms for every policeman. No, there's a lot of them than non uniform personnel. Mr. Odio: They still have uniforms in... Mr. Dawkins: A lot better. Mr. Odio: ... you mean civilians or you Wean police officers? Mr. Plunsisr: Well, let's just use homicide. Homicide never uses a uniform. Mr. Dawkins: Robbery. Lt. Joseph Longueira: No, but they gat a minimum issue every year of like me uniform, I bellows. Mr. Flussaer: And you're talking about that we're now jumping from titres hundred and some dollars per uniform to four hundred and sams dollare pw ;' rsifogn. Mow, somewhere along the... f Mr. De Turret How much is one uniform? ' k, Mr. lluswrt Well, I don't know. It's per am test+N1 bV"SdIM Mom' $ dollars psr am. Mrs. hxaamadys Per ortleer. , , g Mr. !lam rl PErr ettleer. 1N Mr. be Turret Where do we... Mr. Plummer: If I find out the ladies uniforms are store, we're going to have some other problems. Mr. De Turret Teo, but at three hundred and some odd dollars or four hundred dollars a uniform, you're talking about Italian, you know, stuff. You know, what is the actual cost? Mr. Plummer: Well, you know, I don't know if the duplex is still open or net but... Mayor Suarest Gucci police uniforms. Mr. Odiot No, ha's got an official business now. Mr. Plummer: You know, I'm just wondering at three hundred and same dollars from the initial, OK? Now you're increasing it from $300 a uniform to over $400 a uniform. Mr. Dawkins: But I'm not increasing it four hundred. What I'm saying is that the uniforms that they didn't purchase out of this year be purchased. That's all I'm saying. Lt. Longueira: Commissioner, can 1 explain the issue on this year? OK, the vendor for this year... Mr. Plummer: No, this is a three year contract. Lt. Longueira: Right, but that starts in October. Ha's trying to add the balance of this year's onto that which is - they're two separate vendors. The vendor for this year is Lou's Tailoring. Mayor Suarez: He's doing more than trying, he's moved the item. Mr. Dawkinst Thank you, thank you, Mr. Mayor. Thank you, Mr. Mayor. Mr. Plumstsrt No, wait, wait a minute, I understand what he's saying. Tou're taking away from the vendor that is presently in, whatever you should do if you want - and I understand what you're trying to do, Dawkins - any balmee as of October 1 be carried over. Mr. Dawkins: That's right, that's all. Mr. Plummer: Because it's a different vendor. Mr. De Turre: Question, what is the cost of a uniform? The cost of a unif ortu? Lt. Longueira: Of a pair of pants and a shirt? Mr. De Yurre: Uniform. What the officer's wearing up there. Lt. Longueira: The trousers is $23.40... Mr. Plummer: When you see the specs... x Mr. Dawkins: Watch what I do, I'm going to bring this to closure. „ Mr. De Turret Huh? } Mr. Dawkinst Tou know, Lot Ns say this, J.L. Let's a"* whatsysa Mo'n N to Novo and cove it. Mr. Plu rt I ague it be def.... Mr. Dao UWs but lot tbs rseord .MS14wt tWW tA aesywtllY aarA all this in the paper about her numb saT ow adNinistratioa, ib2,000 of it v" for witiaM we dift#t OK? I'm wet talking to You* I'w tal*t lMss,# � d r ar t Mr. Plummer: I'll move it be deterred. OK? Mr. Dawkins: Second. Mr. De Turret Wall, let me... Mayor 8uarest Moved and second on deferral. Discussion. Mr. Do Turret Out of curiosity, I want to know what the amount is. Mayor Suares: I have an idea, if I may, to resolve this particular Iowa. Now about if I suggested a motion that would may, Mr. Manager, that the $82.000 be kept in a reserve account to be used only for uniforms unless this Commiasion decides otherwise. Wait, wait, wait, I'm asking the Manager. Would that... Mr. Dawkinst Teo, that's fine. Mr. Odiot Sure, you can do that. Mayor Suarez: And we otherwise approve the item and hold $82,000 in a reserve account for uniforms in case this Coasmission... Mr. Plummer: I still have a problem, Mr. Mayor, on the specs, that's where I've got a problem. Mayor Suarez• OK, what's the problem on the specs? Mr. Plummer: The specs are just overwritten. They're completely overwritten. Mayor Suarast Because of the cost? Mr. Plummer: That's why the cost factor's so high. Mayor Suarez: You want to table that aspect of... Mr. Plummer: Yes. Well, that's... Mr. De Yurre: OK, I just want my ans"r to the... Mayor Suarez: We'll table until Commissioners Plummer and Do Turre are satisfied as to that issue. On the issue of the reserve account, we may bare a motion that'll pass here if we want to just... Mr. Plummer: That I have no problem with. Mr. Dawkins: OK, move it. Mayor Suarez: OK, motion on that $82,000 be kept in a reserve account for possible use for uniforms. Mr. De Turret I'll second it. Mayor Suarez: Any discussion? Call the roll. It's Commissioner Dawkins' notion. The following motion was introduced by Commissioner Dawkins, who coxed its adoption: MOTION 110. 88-785 { A 110TIOM AUTHORIZING AND DIR=C' IMQ T= CITY NANA= MM AVAILASL= $62,000 tA1MW DOLLAUS TROM UX 1"S 4 y POLIC= D=PARUIMT SVDiitT TO U UM ONLY YOR IMI4X WIlORMS iROMM TNt CITY COMMISBIOM owl= TO x; ALiACAT= SAM. „t 1 NpoA bei99 se00ade4 by Comeisstouer De Iowa, the stun adopt d by the tellovLog vote: fax F :'ice, . CCCC i" I s ATEl: Comissioner Victor be Turre Coimissioner Miller J. Dawkins Cosimissioner J. L. Plusher, Jr. Vic* Mayor Rosario Kennedy Mayor Xavier L. Suarez NOEL: None. ABSIQIT: None. Mayor Suares: You're going to have to satisfy a couple of the Co missioners on the cost issue, Joe and than we can vote on the Item. 12. SHARPTON, BRUNSON AND COMPANY - ACCEPT RECOMMENDATIOM OF CITY MANAGER TO AUTHORIn NEGOTIATIONS TO PROVIDE AUDITING SERVICES TO DEPARTMENT OF INTERNAL AUDITS AND REVIEWS. Mayor Suarez: Item ten. Mr. Dawkins: OK, who pulled ten? Mayor Suarez: You. Want to vote on it? Mr. Odio: Cosmissioner Dawkins pulled ten. Mr. Dawkins: Oh, yea. I want ten to read, "directing Manager to execute a contract with said firm," and not negotiate a contract. Mr. Odio: What do you swan with that? Mayor Suares: Change the wording from negotiate to execute. Mr. Odio: What I swan, we just execute anything he wants? Mayor Suarez: Well, negotiate and execute. Mr. Dawkins: All right, well why is that one reading, negotiate contract of the City Comission for approval and the other one on the next number eleven says, authorising the City Manager to execute a contract with said firm.` i= What's the difference? Mrs. Kennedy: But it also says, "engage the professional services of Sharpton...I Mr. Plumier: There's two different types of services. Mr. Odio: It's two different type of service - Comissioner, it says in the resolution on number ten, "... and directing the City Manager to present the negotiated contract to the City Cossiission for approval." Now, what you want r to do is just... Mr. Bob Clark: The contract is attached. Mr. Dawkins: OK, OK, I don't want to see it. OK, OK.., Mr. Odio: ... negotiate and siga it, that's fine, it depend UPoa yan. . Y. ! �G Mr. Dawkins: OK, no problem. Move Lt. ^ Mrs. Kennedy: Second. Mayor Duares: Moved and wceadod. Any disawstos? Cell th* Mil. � 7 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 98-766 A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO ENGAGE THE PROFESSIONAL SERVICES OF SHARPTON. BRUNSON AND COMPANY, P.A. TO PROVIDE AUDITING SERVICES TO THE DEPARTMENT OF INTERNAL AUDITS AND REVIEWS, AND AUTHORIZING THE CITY MANAGER TO UNDERTAKE NEGOTIATIONS WITH SHARPTON, BRUNSON AND COMPANY, P.A. TO ARRIVE AT A CONTRACT WHICH I3 FAIR, COMPETITIVE AND REASONABLE, AND DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED CONTRACT TO THE CITY COMMISSION FOR APPROVAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: ATESs Commissioner Victor De Turre Co- issioner Miller J. Dawkins Costiaissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez MORSI None. ABSENT: None. 13. RAYMOND JAMES AND ASSOCIATES, INC. AND HOWARD GARY AND COMPANY - ACCEPT PROPOSAL AND AUTHORIZE EXECUTION OF AGREEMENT FOR PROVISION OF FINANCIAL ADVISORY SERVICES. Mayor Suarez: Item eleven. Mr. Dawkins: Eleven. I pulled eleven. Mayor Suarez: Yes, eleven, right, I was right this time for a change. Mr. Dawkins: OK, where's eleven? No first let so hear from the - is anybody here from Raymond James 6 Associates? OK. Is anybody here from Goverswast Finance Research Center? Mr. Carlos Garcia: No, air, 1 don't believe there isn't. Mr. Dawkins: Is anybody here from M. R. Deals? All right, let me have a three minute presentation to tell me how you're going to do this and why. Starting with Mr. - with Raymond James 6 Associates. Mayor Suarez: The ties .acanmendod? Mr. Howard Gary: Do you have any particular order you'd like to have this presentation? Do you have any particular order you would like for us to go r first 7, Mayor Suaress Test go ahead. Mr. Gary: My some is Seward Gary, 30S4 Elssayae •lvd., Suits 6030 Mom, Florida. I have her* on behalf of Seward Gary i Company, Raymond Jam", Ift have proposed to provide financial advisory services to an City of Mift-& which Anal"os providing financial asoistawao is Usawlal xaasoys, 000ba- bwt not 11"t44 to, dealing with tks bed aatiwg *"pMAs&, Us a pleeswsnt of Uw City's bond lanes with vogw* to oom&i .40, the tisasse dirostor may dir*ot. Any otter lwwt4mW! oo Mr. Dawkins: Teo. How many - What's the breakdown - OK, now, according to this, for every sale you will dot $25,000. How will it be broken down between Raymond James & Associates and Howard Gary and Company? Mr. Gary: The split between Raymond James and Howard Gary Company is a joint venture of 60/40. Mr. Dawkins: sag your pardon? Mr. Gary: Sixty Raymond James, forty Howard Gary & Company. Mr. Dawkins: Sixty/forty, OK. Sixty/forty. How many presidents doom Howard Gary & Company have? Mr. Gary: How many presidents? Mr. Dawkins: Too. Mr. Gary: One. Mr. Dawkins: How many vice presidents do they have? Mr. Gary: Four. Mr. Dawkins: Howard Gary & Sons got four? Mr. Gary: Howard Gary & Company. Mr. Dawkins: Got four. Mr. Gary: Right. Mr. Dawkins: All right, how many assistant vice presidents do you have? Mr. Gary: One. Mr. Dawkins: One assistant, OK. How many associates do you have? Mr. Gary: Associates. In the business associates would be all of those listed above. Mr. Dawkins: OK, all of the others, OK. All right, now, Raymond James & Associates. How many presidents do they have? Mr. Charles Citrun: My name is Charles Citrun, first vice president, Raysiond Jsmsa & Associates. We have one president of our company. Mr. Dawkins: One president. How many vp's? Mr. Citrun: More than I can count. Mr. Dawkins: OK. All right. Multi vp's. And associates would be the some. Mr. Citrun: Same thing. We are, by far, the largest securities firm headquartered in Florida. Mr. Dawkins: OK, now, and you and Howard Gary & Company are joint venturing on this. - Mr. Citrun: Too, sir. w Mr. Dawkina: On what other contracts are you and Howard Gary and those joists venturing on? Mr. Citrunm This is the first of, I hope, if we're satisfactory to Mr. 4sj<;i of many. t Me. DawkLast see, the only tbLAS I iawt with Chats Chotii64 AIR t k copse up here with a black firma, they use that black fisat as tW* t4 #� , Miami's builaus, 04 1 #oo't see than any more, i.e. X011 Ltd t Trmrig, i.e. all of than. So I do* It sae this N p Jo oat suer as that ym b rotors" to coward am w bringing you into, into City of Miami. Now that's me personally. OK? And I've known you and you've known me a long time. Now, if you tell so that Howard Gary will get exposure with your company and Howard Gary will be taken on other bonda, whatever this ia, all over the State of Florida, then you've got me and means that you are working collectively with Howard Gary to help Howard Gary 6 Company grow. But if you just brought Howard Gary in here for this affair, you and Howard Gary can go out the door. Mr. Citrun: Commissioner, I can't speak for Mr. Gary, I can speak for myself. Mr. Dawkins: Well, no, no, you have to speak to Miller Dawkins as the Commissioner as what your company plans to do. Howard Gary has made his presentation as to what Howard Gary expects to do in this. 1 need to know what Raymond James 6 Associates plans to do in return to Howard Gary 6 Company for coming in as the joint venturer on this group. That's all I need to know. Mr. Citrun: I understand your question. I will tell you, sir, that if - I'd like to stand up here six months or a year from now and respond not in future tense but in past tense. We're very comfortable working with Howard, we're in a group with him now in the school board which we did not invite him into, we did not bring him into but we're working with him, we're very pleased to and we're going to be working with with a lot. Mr. Dawkina: Working with him means that what, that he stands a chance of becoming a part of it? Or are you just working with him to show him that... Mr. Citrun: No, he's in it. He's in it. Mr. Dawkins: What percentage is he in it to? Mr. Citrun: I don't know, I'm not the book manager. Mr. Dawkins: OK. Mr. Citrun: Commissioner, Commissioners. Mr. Dawkins: Yes, go ahead. Mr. Citrun: We are pleased to work... Mr. Dawkins: Go right ahead of us., Mr. Citrun: We are pleased to work with Howard Gary & Company. We look forward to working with him. We haven't evaluated whether he brought us or we brought him or however it is, but we will tell you that I look forward to relying on him as a former budget director and a former City Manager and probably the leading expert on local finance in South Florida on a lot of matters. I think it would be presumptuous for me to (TAPS 3) tell you I'm going to be teaching Howard Gary anything about local government financing. But I will... Mr. Dawkins: But you can teach him a hell of a lot about financing and banking. You've been in that, OK? Mr. Citrun: Well, I look forward to working with Howard here and a lot of other places, sir. Mr. Dawkins: All right, OK, thank you. All right thank you. Can I hear from the next... Mayor Suarez: Let as ask just one quick question if I say to this presenter here. Mr. Dawkins: Go right ahead. Charlie. s Mayor Suarez: The same entity that Howard Gary's now involved in or is it the same entity as before advised us and was underwriter in erne capacity in the s' James L. Knight bond refinancing. And it's the same basic persoeaelt Newmd. , Mr. Gary: Yes, the answer is yes. 4y Mayor Suaress Is it the same exact entity... tS,Y is s V Mr. Gary: Right. Mayor Suarez: ... or different ore? Mr. Gary: No, it's the exact entity. as president, is I have a fictitious Company but it's the same firm. What we have done, or what I've dose, name doing business as Howard Gary & Mayor Suarez: OK, because I remember it being called... Mr. Gary: M Securities. Mayor Suarez: Teo. Proceed, Commissioner. Mr. Michael Jefferard: Good morning, my name is Michael Jefferard. I'm a partner with M.R. Beale and Company. NOTE FOR THR RECORD: At this point, the Mayor momentarily interrupts the discussion of this item to recognize the presence of Mario Diaz-Balart, State Representative elect and State Representative Ron Silver, in the Commission Chambers. Mayor Suarez: I'm sorry. Mr. Jefferard: Thank you. My name is Michael Jefferard, I'm a partner with M. R. seals & Company and for the last five years, I have been the financial advisor for the City of Miami. In that capacity I've worked on, somewhere is the neighborhood of 4300,000,000 in bonds for the City. Included in that have been a number of innovative financings including three refundings which we were able to bring to the City of Miami taxpayers total savings in excess of four and a half million dollars. We have worked on a number of different issues with the City and I think we have a tremendous amount of experience and expertise that we've gained over the last five years in working on financings with the City. But most specifically, and being the City's advocate in Mew York with the rating agencies and with the capital markets in general. We've had a significant role in making sure that the'City's ratings continue to be very strong as they.. Mayor Suarez: What are the ratings right now? Give as either one or both, if you can. Mr. Jefferard: Al, A plus from Standard & Poore and Moody's and in South Florida... Mayor Suarez: Can they be higher than that? Mr. Jefferard: Well triple A is the highest, Mr. Mayor, and... Mayor Suarez: For which, Standard & Poore or Moody's? Mr. Jefferard: Triple A is the.highest for both Standard & Poore and Moody's and there are some triple A rated issuers around the country and we have helped a number of issuers in the past got upgrades and we have, over the past number of years, been working very closely with the City in the efforts to got the City's ratings upgraded. I think we have a tremendous amount of experience that we have gained in working with the City, both because we** had good teachers in the firm that I was with previously, but also b6440" we've had an excellent client here with the City. The City of Mimeo flea IV first client when I started in the business. Mr. Dawkins: Thanks to Rovard Gary, go ahead. Mr. Jefferardi Tbaoks to Dovard Aary's ra�ewMlidstii ir, - 3: Nr. Daiaua a OM. �• Mr. Jtfferard: ... and I think that's very important. The other thing I'd like to point out is that our fine is 91 percent controlled by minorities. We put this firm together because we recognized the opportunity and the need for minority owned firms to become more clearly involved in the technical septet of doing bond work and the reason why we're standing before you today, to sosw degree, is because of the opportunities we've received from issuers like the City of Miami to get involved in the bond underwriting, bond underwriting and financial advisory work. We're standing here today also as a sole firm and I think for the first time, a minority owned firm is standing before the Commission with the capability, the track record and the expertise and the personnel that are represented here to really do the job as the major firm, as the lead firs involved. And so I'd like to point out that that is as opportunity to the City. It is a logical extension of the City's affirmative action program and at some point, a minority owned firm would be, able to stand before you and honestly say that we have the technical expertise, not just to be a partner in the work but to actually lead the work. That opportunity is before you today. Too... Those are the things that I would like to bring to the Commission and I'm prepared to answer any questions that you have. Mr. Dawkins: What would be - there's a 60/40 split over there, 60 percent to the majority firm, 40 percent to the minority. What would be the split in your firm? Mr. Jefferard: Wall, it's a hundred percent. Our firm is 91 percent owned by minorities, so 91 percent of the revenues would come to the minority smsbtrs of the firm. Mr. Dawkins: OK, thank you. Mr. Carlos, what has been the size of the last five bond issues put out by the City of Miami? Mr. Garcia: We had a refinancing for the convention center. Mr. Dawkins: How much? Mr. Garcia: Sixty-five million dollars. Mr. Dawkins: Sixty-five? Mr. Garcia: Teo, sir. Mr. Dawkins: OK. Mr. Garcia: We had a general obligation sale last year of 10 willies dollars. Mr. Dawkins: Ten million, go ahead. Mr. Garcia: We had another general million dollars. Mr. Dawkins: Six million. obligation the previous year of six Mr. Garcia: We had another one of 22 million dollars general obligation bond. Mr. Dawkins: Twenty-two million, um hum. Mr. Garcia: The year before... Mr. Dawkins: No, no, that's far enough. Now, what do we have this year? Mr. Garcia: Well, this year we haven't had anything else, Cosralasioner. Mr. Dawkins: but what do we have going out for the Overtone/Park Vest? rslt sany? , Mr. Garcia: At this time, the City's not planning to all &my bogie j" loutheast Owertown/Park West. We have not bass requested to de g ,t' sales.a Mr. b ftlass but the first one is supposed to go out &tLO #Ll3 Og � F Isn't it?Miami > ...r121"c. �k:Y�i1i.� S.33Ci..�'..tv": �f6$" t,.1'� r—_"4Cd2��.:._."�ar�'iaae•x Mr. Garcia: The 10 million dollars was a general obligation bond sale, sewers, highways... Mr. Dawkins: OK, all right, now. We've got one for 10 million, one for six, one for 22 and one for 10 million. Yet, you have signed an agreement it says, regardless of what it is, the 10 million dollar bond will cost us $2S,000, the six million dollar bond sale will cost us $25,000, the 22 million will cost a minimum of $2S,000 and another 10 million. Nov why is it that you've got here that it's $1.00 per thousand and we're selling bonds of 10, 6, and 10 million dollars and yet you're paying a $25,000 minimum. Mr. Garciae First Commissioner, I haven't signed any agreements. This is the proposal the firm gave us. The firm gave us a proposal with higher rates and the selection committee asked me to negotiate with them lower rates and we did $o. The original proposal was a minimum of $35,000. We brought that down to $25,000. The original proposal was $1.25 for a competitive sales that was reduced to a dollar par negotiated sale so the minimum amount that we have now per sale is $25,000. The majority of bond issues that we have had in the past has been in excess of 20 million dollars. The most recent bond sale that we had was 65 million dollars. And the initial - the 10 million dollar bond sale that we had last year was unusually low because of changes in the federal tax law. In the past, we had an average of between 25 and 30 million dollars per bond issue. Mr. Dawkins: Yet you just told me that we had a 10, a six, a 10 and a 22. But yet you tell me that the average is 65 and above. Well, how did this fit out the average? Mr. Garciae Commissioner, going back, 65 is the most recent, then it was at 10, then it was at mix, that was that low because those were the pollution control bonds that had a limitation on the interest cap of seven and a halt percent and for a long time, we were not able to sell those bonds. When interest rates came down to below seven and a half percent, we went ahead and sold those bonds. Normally, we don't sell that kind of a small bond sale. We have a such larger sale. Mr. Dawkins: Why don't we wait and combine two 10 million dollar sales into one and we come up and we get more bang for the buck. Mr. Garcia: That's what we normally... Mr. Dawkins: Instead of paying 50 million dollars - $50,000 for two 10 million dollar issues we'd have a $25,000 liability for 20 million dollars worth of bonds. Mr. Garcia: Normally we do that, Commissioner. We normally do that. Mr. Dawkins: Beg your pardon? Mr. Garcia: We normally do that. We try to make... Mr. Dawkins: Well, why - you can't normally do that, sir, when you soaething here that's going to be written down here and we voting on it is law. Mr. Garcia: The amount of the bond issue has nothing to do with his contract. What this contract sets is the rates. Mr. Dawkins: OK, right here, hold it, hold it, hold it. Compensation, the financial advisor will be paid out of bond proceeds the following fees, competitive sales, $1.00 per thousand subject to a minimum tee of $25,0001 negotiated sales, $1.25 per thousand, subject to a minimum tee of $25,000. That's right here. Mr. Garcia: That's right. Mr. Dawkins: Now, it says that's what you're recommending the cowwmsstles. Mr. Garcia: Well, this is what the selection committee roea■wsodt, Remember, the selection committee made a selection of this tires sad as ; s�/►id, the original tee that they were planning to charge was Ugber thm tbto, sat down with thew, under 1AstrUctioas of the ssisatios aamittm, to those tees and we did so. The proposer was willing to brU* dome 1"at ; sef r and I think the fees that we have now are reasonable, are on line with what other fire@ proposed. Nov, it's really tip to the City Commission to :sake the final decision on that. Mr. Dawkins: All right, I say throw it out and go back and renegotiate because I don't see how me personally where it says here, compensation, that if they're selling 6 million dollars worth of bonds it's worth $25,000. I just don't see it. So go, I mean, I'm not... Mr. Garcia: What you can do, you know, is eliminate the minimum... Mr. Dawkins: No, you just told me that it's up to the City Commission. Nov don't tell me nothing. You didn't tell me before. Don't offer me no suggestions now. Mr. Garcia: Well, no what I'm saying, Commissioner, is that you can keep the fee per bond and eliminate the minimum if the proposer is willing to accept that. You know, that's... Mr. Dawkins: It's very unfair. We only got two of the proposals here. So now we're asking these two to go on something and the other guy isn't here. That's unfair to his. Or he, as the Commissioner said, it's unfair to them. I don't know who they are. It could be a female firm, right? So I can't say his, huh? Mayor Suarez: Carlos, I have one other question that troubles me here. I know we've had a financial consultant and I know he's been - the company's he's worked with has been quite effective and our bond ratings are good and I certainly see his around City Hall and he has given us valuable advice but what tells us that we need this level of financial advice? Is there a requirement anywhere, is it not something we could do in house? I'd you to, for the record, tell me if there's some other way that we could do this at a savings to the City. Mr. Garcia: Normally when you have a bond sale throughout the industry, you have a financial advisor. In some cases when you have a very routine general obligation bond sale, I would tell you we don't need one. But in the majority of cases when you have a revenue bond issue, a certificate of participation, a special obligations bonds in which you have more intricate sales you have someone that is very familiar with the markets to advise you as to how to go about on that sale. Mayor Suarez: OK, now I'm aware of Howard Gary's firm before not only helping us in a very innovative refinancing, but actually coming up with the whole concept. So I can see that angle. I'm also aware of the prior f irm with Michael helping us with, let's say the linkage between us and Nov York's financial community. Those are the tvo principle reasons you would say? Mr. Garcia: To structure the bond sale itself is very important. You know, what should be the maturity of the bonds? What should be the size of the bonds? When you go to market... !Mayor Suarez: And you're - I see where you're headed and I'm sorry to interrupt. I just want to get a final professional opinion. In your professional opinion, you cannot handle that in house. Mr. Garcia: We can do a job but they can do a much better job and what I'm saying is that $25,000 we... Mayor Suarez: And you recommend that we... Mr. Garcia: ... paid to them is going to save the City, maybe, 2 uill$es dollars in our particular case. Mayor guars:: OK. Anything further from the Comission? motion on this item. Mr. Plummsrss Move it as recommended. Mrs. Keaaedy: Secoed. I' 11 eaLert�►iw i R"10, ww!11-k Mr. Dewkinst I stove to defer it until they come back and tell as that - OR, I's not going to fight this, OK. Mr. Gary, I'm going to may this. You are to be commended because you forced the company that hired his to hire his and it you had not forced them to hire his by holding the carrot of the City of Miami'* contract in front of thew, he would not be able to be here today as the minority firm. So, you're to be commended. I'm not going to fight this, go ahead. Mr. Plummsrt Commissioner Dawkins, he didn't force them. He did like he did with you when you were here. He just took them to lunch, that's all. Mr. Dawkins: OK. Mayor Suarez: What duration is the agreement? Mr. Garciat Two years. Mrs. Kennedy: Two years. Mayor Suarez: Why couldn't we go one? Mr. Garcia: We could, but it is a very lengthy process to go through this process, Mr. Mayor. You know, to go to appoint the selection committee, to go through the process, you know, it takes six months to go through the process and than to have a contract for a year, it's like the Mayor running for two years. Mayor Suarest OK, you've answered my question. Anything further from the Commission? If not, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoptiont RESOLUTION NO. 66-767 A RESOLUTION ACCEPTING THE PROPOSAL OF RAYMOND JAMES i ASSOCIATES, INC. AND HOWARD GARY A COMPANY FOR THE PROVISION OF FINANCIAL ADVISORY SERVICES FOR A TWO YEAR PERIOD, COMPENSATION FOR SUCH SERVICES TO E; PAID FROM APPROPRIATED CAPITAL IMPROVINUT PROJECT FUNDS{ AUTHORIZING THE CITY MANAGER TO ZXNCUTZ A CONTRACT WITH SAID FIRMS IN SUBSTANTIAL ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ATTACHED AGRZMUW. (Here follows body of resolution, omitted here and on file in the Office of the City Clark.) Upon being seconded by Commissioner Kennedy, the resolution wu passed and adopted by the following vote: AYES: Commissioner Victor Do Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSEMTt None. �F CONMZMTS MADE DURING ROLL CALLt 3 Nr. Dawkinat No, I think that the gestlmun we had before AIN a Wom"Stitljob asd although I yelled and screamed for local participatiea, I pAt 4"'t ` that this is the right way to go. I vote so. IfiF� -74W 6 4 Jf 1 - --------- --- -- - --------------------------------- -�- 14. FUNDING OF FOOD PROGRAMS - ALLOCATE $11,632 OF THIRTEENTH TEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND S1,OS5 FROM SPECIAL PROGRAMS AND ACCOUNTS TO SOME SOCIAL SERVICE AGENCIES FOR APPROVED FOOD PROJECTS. -------- ------------------------------ -----------------------------------�... Mayor Suarezt Item 20, I believe. Mr. De Turret I want to have soma - Frank, if you give me soma inforsatiot, where's this coney - has this money been allocated previously and than now it's being reassigned or... Mr. Frank Castaneda: No, Commissioner, if you recall from the CD meetings that we had here, we said that any leftovers of the social programs will be reallocated to social programs for programs in the meal category. And that's what we've done. I think we go up to 99.7 percent, almost a hundred percent, for these. Mr. De Turret Good. So these are monies that were previously allocated and they haven't been used and.... Mr. Castaneda: Right, they're leftover funds from last year. Mr. De Turret OK, from 187 - 186, 187. Mr. Castaneda: Right, 187-188. Mr. De Turret Well, that's this year. Mr. Castaneda: No, now we're in the year 188, 189 for our year start... Mr. De Turret OK. Now, where's that money going to now? Mr. Castaneda: Where is it going? To the... Mr. Plummer: Excuse ms... Mayor Suarez: Is that in accordance with the priorities we established before? Mr. Castaneda: Right, it's the resolution item we - Allapattah Comm aity Action will get $3,800 End World Hunger, $167; HACAD, $723; James E. Scott, $1,456; Little Havana Activities and Nutrition Centers, $3,814 and Vyawood Elderly Center, $1,780, for a total of $11,382. Mr. Plummer: Thirty-five of them for $3,000. h Mr. De Turret OK, I move it. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll on item 20. .a .. A' -�k*s i ...5 "l" er ,, ,`air �a 4'EJ .'7S!"-' %d i77;1 �• *... � � �%s P.i t yua:_1�,,�y''g�n' 4s�+ dY _ T 'l The following resolution was introduced by Commissioner De Turre, Who mbv*d its adoptions RESOLUTION NO. 88-7ee A RESOLUTION ALLOCATING $11,632 OF THIRTEENTH TEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND $1,055 FROM THE SPECIAL PROGRAMS AND ACCOUNTS; CONTINGENT FUND TO THE HEREIN NAMED SOCIAL SERVICE AGENCIES FOR APPROVED FOOD PROJECTS= FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO THE EXISTING AGREEMENTS AUTHORIZED BY RESOLUTION NO. 88-539 WITH SAID AGENCIES FOR SAID PROJECTS FOR THE HEREIN INCREASED ALLOCATIONS SUBSTANTIALLY IN THE ATTACHED FORM. (Here follows body of resolution, omitted here and on file in the Office of the City Clark.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Turre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 15. BRIEF COMMENTS BY COMMISSIONER PLUMMER IN CONNECTION WITH PUTTES FOR THE POLICE DEPARTMENT. Mayor Suarez: Item 26, emergency ordinance. Mr. Plummer: Excuse me, while he's coming up, Mr. Manager, would you Had out for me what we're buying, or proposing to buy for the police department that are called puttee. Mr. Odio: Puttee. Mr. Plummer: Thirty-five puttee. Mr. Odio: Puttee. Mr. Plummer: For $3,000. Puttee for the police. I don't know what a putt** La. P-U-T-T-E-S, a puttee. It's $3,000. Mrs. Kennedy: It probably has to do with boots or... Mr. Odio: What is a puttee? Mr. Plummer: .... thing hers, it's a jock strap, securing strap. What is a puttest I was we're buying $3,000 worth of puttee. s., Lt. Joseph Longueria: The puttee are the leather part that goes areoW too calf of the motorcycle cop. { Mr. PlusrMeri $3,0O0 every pearl Q r Mrs. Xesuedys I Wasn't too for oft. bt. Leagwlsa: What ites suwber is that? a^ Mr. 11l r{ 4Kf Y" �1MIIFt p1, # # • 3 � t : Y" ix 0 Lt. Lougueira: Well, they're $90 a set, it's $3,000 a year. They spend a lot of time in those things. Mr. Plummer: Teo, they puttee around. 16. EMERGENCT ORDINANCE: AMEND 10423 - AUTHORIZE ISSUANCE OF $1,000,000 SUBORDINATED PARKING REVENUE BONDS, SECOND 19se SERIES - FOR THE PURPOSE Of CLEARING LAND FOR PUBLIC PARKING FACILITIES. ---------------------------------------------------------------- Mr. Pluwmar: Mornin'. Mr. Jack Mulvena: Good morning, Commissioner. Mr. Plummaar: Your nests and address for the record. Mr. Mulvena, Jack Mulvena, executive director for thq Departstent of Off - Street Parking. The item before the Commission is a $1,000,000 bond issue which In the direct result, if you'll recall, of our presentation of our budgets and 5-year plan back in June. The Comsaissioners had requested that every project that we move forward on, especially those that we finance in part, come back before the Commission. The intent for this... Mayor Suarez: This is, therefore, a bond issue for something previously approved by the Commission? Mr. Mulvena: It is, right. Mayor Suares: I'll entertain a motion on it. Mr. Pluou art Mr. Mayor, you were the one that asked questions on this last column. Mayor Suares: I did? Mr. Plummer: Yes. In reference to the legal fees - here, look at it. Mayor Suarez: Whatever I did I'm sure I was satiafiod at. Mr. Plummer : OK. Mayor Suaras: ... the answers. Teo, I'm ready to vote on it. Mr. Plummer: Move it. Mrs. Kennedy : Which one are we on? Mayor Suarez: I mean, we won one out of two of our reform amendarnts. I mean, you can't do better than that; fifty, fifty, right? I don't know why I get blamted for these, actually they're Commissioner Do Turre's amendmonts and Dawkins, you know. Mr. Dawkins : Dawkins did it. I did it, I have no problems with it. Mr. Mulvena: I think we all won. Mrs. Kennedy: This is buying two parcels of land in Little Havana sou the Domino Park, correct? Mr. Mulvena: It is, Vice Mayor, yes. Mayor Suareal OK, we have a motion and a "tow, Madam City Cleft? Ma. Hirai, We have a stove who I sod a see... "b Mrs. Ronsedy, gocoad. J , Mr. 1110 mr s I moved it • �yYy y • 0 Mayor Suarez: Moved and ascended. You're Setting better, call the roll. AN ORDINANCE ENTITLED- Any discussion? Read the ordinaace. AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING ORDINANCE NO. 10423 OF THE CITY AND AUTHORIZING THE ISSUANCE OF $1,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF SUBORDINATED PARKING SYSTEM REVENUE BONDS, SECOND 1968 SERIES, OF THE CITT FOR THE PURPOSE OF ACQUIRING LAND FOR PUBLIC PARKING FACILITIES WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON SUCH BONDS FROM (i) AMOUNTS ON DEPOSIT IN THE GENERAL RESERVE ACCOUNT CREATED PURSUANT TO ORDINANCE NO. 1011S OF THE CITY WITH RESPECT TO THE ISSUANCE OF THE CITY'S $16,275,000 PARKING SYSTEM REVENUE BONDS, SERIES 1986, ON A PARITY WITH CERTAIN OBLIGATIONS OF THE CITY ENTERED INTO PURSUANT TO ORDINANCE NO. 10186 OF THE CITY WITH RESPECT TO THE ISSUANCE OF THE CITY'S $2,000,000 SUBORDINATED PARKING SYSTEM REVENUE BONDS, SERIES 1986 AND WITH THE CITY'S $2,500,000 SUBORDINATED PARKING SYSTEM REVENUES BONDS, SERIES 1988; AND (it) FROM OTHER AMOUNTS AS PROVIDED HEREIN; PROVIDING FOR CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AWARDING THE SALE OF SUCH BONDS TO BARNETT BANK OF SOUTH FLORIDA, N.A.; AUTHORIZING THE CITY OR AN ENTITY APPOINTED BY THE CITY TO ACT AS PAYING AGENT AND REGISTRAR WITH RESPECT OF SAID BONDS; AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO EXECUTE ANY DOCUMENTS REQUIRED IN CONNECTION HEREWITH; AUT1'HORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY TO TAKE ALL ACTIONS REQUIRED IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy, for adoption as an sser`ency measurs and dispensing with the requirement of reading same on two separate days, which was agreed to by the following votes ATES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Kennedy, adopted said ordinance by the following vote: ATES: Commissioner Victor De Yurre Commissioner !filler J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ASSSNT: None. SAID ORDINANCE WAS DEfIGNATED ORDINANCE 10. 10471. The City Attorney read the ordinance Leto the pablia rose" a announced that copies were available to the members o! the City CoWW�W$ ! 06 w_ to the public. Mr. Mulvena: Thank you, Comissioaars. , - • ,d S i f Y ]]y. M-------- ------ -------.-.----------------------------------- - 17. ARENA PARKING PROGRAM - BRIEF DISCUSSION ---------------------------------------------------------------------------- Mayor Suarez: Item 27. Jack, by the way, Mr. Sawyer yesterday mentioned that you way have had some interest in a gas station property that he's got over by the Arena. If no, I guess the only thing is to remind you to get back with his and... Mr. Jack Mulvena: As a matter of fact, count on us consis... Mayor Suarez: ... he seemed to be in a negotiating mood. Mr. Mulvena: Yes, I understand, the price looks very good so we'll be back in touch with his as part of the Arena Parking Program. Mr. Plummer: Let me tell you, if it's anything to do with a filling station, before you negotiate you find out the environmental impact. Mr. Mulvena: Good point. Mayor Suarez: We've got three properties now that turned out to be a problem. That reminds me, Lieutenant, how are we doing on the one in Little Havana? Mr. Plummer: We're up to $130,000 and testing. Mayor Suarez: Is the testing proving to have resolved the problem? Mr. Plummer: We're going to go into that extensively this afternoon. Mayor Suarez: OK, I will leave my question in abeyance until this afternoon. I didn't know we had the item on the agenda. Lt. Joseph Longuelra: The report's being completed but it doesn't appear that we've got any contamination on the site. Mayor Suarez: All right, so hopefully we'll begin construction soon. 18. EMZRGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: •WAGNM-P91 7(b) DISCRETIONARY FUNDS (FY '88-89)" - ACCEPT GRANT ($65,000) FROM STATE OF FLORIDA, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY. Mayor Suarez: Item 27. I'll entertain a motion on this. Mr. Odio: To receive a grant of $65,000 from the State Department of Labor. Mayor Suarez: We're always happy to receive grants. Mr. Plummer: Move it. Mayor Suarez: Moved. Mr. Odio: Twenty-seven, Commissioner. It's accepting a grant of sixty -fire thousand... Mayor Suares: You going to second? Seconded. Any discussion? Read the ordinance. Mr. Plummar: Call the roll. j R f 4 fi r' . AM ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL RECUR FUND ENTITLEDt "WAGNER-PEYSER 7(b) DISCRETIONARY FUNDS (TY 66-89)" APPROPRIATING FUNDS IN THE AMOUNT OF $65,0O0, FROM THE STATE OF FLORIDA, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY; AND FURTMR AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARD AND ENTER INTO THE NECESSART AGREEMENT WITH THE STATE OF FLORIDA IN SUBSTANTIALLY THE ATTACHED FORM; CONTAINING A REPEALER PROVISION AND A SEVERADILITT CLAUSE. Was introduced by Commissioner Plummoer and seconded by Cosaaissioser De Turre, for adoption as an esm rgency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following votes ATESt Commissioner Miller J. Dawkins Cosamissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Victor De Turre ABSENT: None. Whereupon the Cosnission on motion of Commissioner Plummer and seconded by Coeaaissioner De Turre, adopted said ordinance by the following vote: ATES: Commissioner Miller J. Dawkins Commissioner J. L. Plu:omer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez MOSS: Commissioner Victor De Yurre ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE 110. 10472. The City Attorney read the ordinance into the public rsooft and : announced that copies were available to the ■sabers of the City Css6188408 out to the public. CO!@[ENTS MADE DURING ROLL CALL: Ms. Hirai: Mr. De Yurre. Did you vote no, sir? Mr. Dawkins: That's right, he did...... COMMENTS MADE FOLLOWING ROLL CALL: Mr. Plusher: For the record, state the emergency. Mr. Odio: This ordinance has been requested as an emergency basis is order to h. permit staff to serve the maximum number of persons possible in >the yaw of 04-40 which ends June 30th. ; t ;A Ael, Y ' tt .x� V1 ?wS it ;41. t ■ 19. SECOND READING ORDINANCE: AUTHORIZE ISSUANCE OF $35,000,000 STREET AND HIOHWAT IMPROVEMENT soNDS AND $10,000,000 WATERFRONT IMPROVEMENT DONDC Mayor Suares: Item 26. Mr. Odio: It's authorising the 40 million - this is the second reading on the highway improvement bonds that we placed in the... Mr. Plummer: but I dont' understand, this is subject to the election? Mr. Odio: Subject to the election. Mr. Plummers Seem like to me you wouldn't do this until the election is completed. Mr. Odio: I asked the same question and they told me we have to do it. bob will explain it. Mr. Plummer: Oh, subject to? Mr. Odio: Subject to. Mr. Plummer: Oh, OK, then I move it again. Mayor Suarez: Moved. You know the wording is strange here. Mr. Dawkins: Second. Mrs. Kennedy: It is very strange. Mr. Odio: Yes, I asked the same question, Mr. Mayor, but it is subject to the election and if it doesn't pass as a... Mayor Suarez: No, no, that's not my problem. Mr. Odios Oh. Mayor Suarez: I'■ trying to read it here, authorising the issuance subject to election etcetera, not to exceed $40,000.000 street and highway improvement bonds and not to exceed $10,000,000 waterfront improvement bonds. We're talking about two separate bond issues? Mr. Jim Kay: Two separate items on the ballot. Mayor Suarez: OK, not I have another question. And I'm posing it to the Commission for your consideration. I worry because this is almost exactly the same bond issue as was not approved before by the voters and I think the margin was fifty what? Fifty-six forty four roughly? Mr. Kay: About that. Mayor Suarez: On the $40,000,000 street improvement. I wonder if this Commission wouldn't consider - and I presume this tiros we're going to do sacs mailout some informational effort... Mr. Odic: Ye are. x' Mr. Kay: Right.' Mr. Odic: I need to ask the Ceimsission a question on that... b* Mayor Suares: OK, I just - before we got to how ve explain to the votore 100,= this will cost them and why it's wooded, wad, by the ways sy VWNOP jet ti figures, that the Mimi Move was oaillag about it yesterday is St" it be about a $37. SO for the average taspayer per year based os this f trAn*�' wed tog the $SO►000,000 bead issue for the atadiwars shift to #1040 a � the average taspoyer. no OK, WoII you toll us WWt tbpft # aM►aard. not I Sect s.r Ua, gaftiav#at"I it it am that is does this Commission want to go for forty again or do we want to go for a mallor figure? You know, I guess I'll vote for whatever the Commission to consensus is but I'd such rather go for twenty or thirty some figure that WO can tell voters, look, you didn't approve forty, we think we need some mount... Mr. Plummere Teo, but Mr. Mayor, I really - and I'm just giving you my opinion - I don't think the voters rosily understood the issue. I really just don't believe that because I cannot believe, in the history that I've served this City that the voters haven't picked and choose what issues were good but in this particular case, I just don't think they understood it. How can anyone sit back and vote for certain things and not vote for their own streets and highway improvements? I think it's just a matter really of education and I would like to see no less than forty, if not more. Mrs. Kennedy: What would be the difference to the average taxpayer between forty and twenty? Mayor Suarez: Yet, give us some estimates. Mr. Kaye I think Mr. Garcia could answer that question. Mayor Suarez: You wore shaking your heads negatively when I estimated thirty- seven and a half so we got some... Mr. Carlos Garcia: Yen, we estimated at forty and ten, the $50,000,000 will cost the average taxpayer, someone that owns a home that is valued at $65,000 and average of $16.00 per year for 27 years. We're not going to be selling... Mrs. Kennedy: For how many years? Mr. Garcia: Twenty-seven because we're not planning... Mayor Suarez: How come that doesn't correspond to the eighty million... Mr. Garcia: OK, we're not going... Mrs. Kennedy: You. Mayor Suarez: ... stadium issue that would work out to $73.00 if I resee:ber correctly. Mr. Garcia: No, sir, the stadium was $40.00 per hose. Mr. Plummer: Well, it's based on... Mr. Garcia: Forty, four oh. Mr. Plummer: Based on how many years, whether it was 20 years or 30 yeara. Mayor Suarez: Well, that wouldn't change that such. Mr. Garcia: The stadium, the maximum was forty-five for 20 years and 40 dollars.... Mayor Suarez: Forty-five you said? Mr. Garcia: Yes, air. Mayor Suarez: So it works out to a little bit over, how such is it per day! Tan cants fiftaen cents •r da P y• Mr. Garcia: The difference to the stadium is a taxable bond, those are ant taxable bonds. The stadium bonds will have to be sold all at once, you ka"I In a lump sum and these bonds will be sold over S years in increments of &boat 7 ssillion dollars a year. r Mr. llusmers It's five million a year. Mayor Suarez: OK, one last questioao I'st sorry, Mado Vice XWW, New. x0aaedys Not I just wanted to eak what would... z R v. v� a I µ ti Mr. Dawkines say they'd be sold how? Hold it. Wait one minute. Kra. Kennedy: Yes. Mr. Dawkinas They'd be sold at what nor? Mr. Garcies In increments of about 7 million dollars a year. Mr. Dawkisss Seven million, you just told me that we have to pay $23,000 for financial advisors per bond issue because all the bond issues are in the vicinity of $65,000, how we get back to seven? Mr. Garcia: Commissioner, if I may say this, $7 million dollars of these bonds in addition to these bonds, we'll be selling fire bonds, police bonds, and sewer bonds and so on so the total bond issue will be between 25 and 30 million dollars. Mayor Suar*s: Madam Vice Mayor, you had a question. Mrs. Kennedy: Yes, what would be the aware&* cost to the taxpayer at $20 million dollars for 27 years? Mr. Plummers Don't do that. Mr. Garcia: It would be just about half. Mrs. Kennedy: About half. Mr. Garcia: About eight dollars, I would say. Mr. Plummer: Please don't do that. Hey, you... Mrs. Kennedy: I know, I'm just to get a figure for my own edification. Mr. Plummer: Let me tell you what you're really - the thing that's not being said in this matter. With all of the pollution control guidelines coming down and all the environmental guidelines coming down, we're teetering on the point that we could be put under a moratorium of no nor* building. Now, that's what you're playing with and I think to do anything lass than 40 million dollars, the cost today of the projects, I can't go for anything less. I think that if you put it on at the 40 and the 10, that as far as I'm concerned, if you do a good educational program that the people of this community will respond by saying yes. Mayor Suar*z: Well, let me add to that, whatever amount we end up deciding on and I hear Commissioner De Yurre here that may have some comments on what streets exactly we're going to be improving, at least, Mr. Manager, specify in the promotional campaign which I think we all agre* we should do, or educational campaign, sorry, what it costs on a per dies basis. That wormed awfully well on the school bond issue and it's worked on some other issues, you know, to tell people what this is costing them, break it down that way. Mr. Odio: That's the question that I had from the Commission this year, you're authorized to spend $50,000. I guess it's item 30 and I felt that - I have a meeting with - I have my staff meeting with some people and they feel that we should go with a professional companies. We sort of put... Mayor Suaras: Why do we need a professional c=Wany if we did a 1484 brochure that looked so nice? Mr. Odios The question is, do we go outside... Mr. Slu rt We've never used a professional company before. 4 Mayor suaress No, I wouldn't, I wouldn't.... Ms. Odiss f , that's the qusatiee that I VMtod to N* it go Is !lolls* or... .' ',k f Myrna' &Sam# ftw taw on" tar MoU& g MW fm s" sari sw x yr» i Mr. Plummer: I mean you're going to pay a PR firm, any of them, 15 percent. Mayor Suarest If not more. Mr. De Turret That's $7500 right there. Mayor Suarez: Commissioner. Mr. Plummert I would be opposed to the... Mr. Odio: OK. Mr. De Turret No, the concern is and let me tell you something that bothers at to a degree and when we spoke about it the other day at my office and that is that I'm looking at situation where there is streets that need repairing because they do. But what I don't want to do is to put this City in a situation wherein the people that are going to be voting for the street improvement thinking that their street is going to be improved doesn't get improved and it's happened in the past. And I think that people, you know, it rubs people the wrong way when they feel that their street which needs improvement, and they're sold on the idea that they're going to have them improved, they don't have them improved. I was looking at a map of the City with the $30,000,000 that were used and where they were spent. There aren't that many streets that were improved. Maybe it just cost too much, you know, the cost is horrendous. It must be to spend $30,000,000 on the number of streets that were improved. But when you only have that small number of streets being improved and you're selling the whole City, I think a lot of people are going to be, you know, that they're expecting that their actual streets are going to get improved and it's not going to happen. Mayor Suarez: And let me add to the Commissioner's comments and may that, for the first time since I was aware, we stopped some construction projects or improvement projects in the City, in the Roads area, if I remember correctly, one of than, which the public works department was ready to proceed on even though everybody was against in that area and we took a poll of the residents and every single one was against. It wasn't even 99 percent. It was a hundred percent. And I'd be concerned too that - because I recognize that we need to improve some streets, I know there art some areas between 12th and 17th Avenue north of S.W. Sth Street, you know, that area of Little Havana the streets are not in very good shape and you may be showing here on this map some of the areas that you think are most in need. But, as a general rule, the streets are in awfully good shape in the City. I take issue with our friends in the Miami Neva about that. What does the Commission feel on this? If we were to reduce the figure, Mr. Manager or Mr. City Attorney, to a smaller figure, would that affect the effect of a second reading? Is that a substantive change or can we go down on what we - if we were disposed to do that and when we voted on the first reading? Because the figures the Vice Mayor's cranking out here indicate it's like $12.00 for the $40 million dollar bond issue, you said - or sixteen dollars, I'm sorry. Mr. Kay: Sixteen. Mayor Suarez: A 20 million. Let's leave out the ten that have nothing to do with this because we previously had before the voters, 40 for street improvements. That's the one they voted down. That's the one that concerns me. The other tan, maybe they'll understand that. Mr. Garcia: OK, the $16 figure is for both the $40,000,000 and the ten. If we were to go with twenty, I would imagine the cost would be about $7.00 Per household. Mayor Suarez: OK, but I'm leaving the ten out so we go from 40 down to 20, plus the ten, plus the ten which... Mr. Garcia: Plus the ten. Mayor Suarez: ... you haw somswhare around also or tea coats wkL4* Most+! "t to be - I mean nine or tan dollars - which Morks out to bs +fit tout G ay day, it I remember correct, it my math is cerresh. U ' H ails ,#r thew nests per day? Mr. City Attosoeyt, ass w do tbstj p a 1 Mr. Fernandes: That would not be a substantial change that Mould make us go back to first reading. We also have here with us today as instructed by you in the last Commission meeting, bond counsel who has been instrumental in helping us proper* the ordinances in front of us today so we may call on him also to further explain that rationale that it would not be... Mayor Suarez: J.L., you know one of the reasons that I want to be absolutely sure that we have a consensus and, hopefully, unanimity on this, is any one Commissioner not being in favor of this can really hurt the chances of its passage and Commissioner De Turre last time, I know, was in disagreement. If I can get a positive vote out of him and... Mr. De Yurre: Look, after October 4th if that baseball thing passes, I'll be so happy I won't, you know, I'm not going to get involved in opposing anything. Mayor Suar*z: Well, how would you be disposed to vote on this item today because we can't wait till after October 4th to vote? Mr. De Yurre: Well, what are we trying, are we trying to reduce now the amount? Mayor Suarez: Yes, if it was, let's may, $30 million. Mr. Plummer: No, we're trying to, we're trying to... Mr. De Turre: Look, the only reason, let me say, J.L., the only reason that I opposed the $40 million going back to the voters is that just this year, they turned it down. Now, if you tell me you want to go back with $30 million and then that's a different issue. Maybe they'll be apt to vote for that and I'd be in... Mayor Suarez: And an explanation of the need and how it breaks down on a per day basis. Mr. De Turre: That's fine, OK. So I'd be in favor of it going to the voters. Mr. Odio: I'd rather have the forty but it look like just... Commissioner Plummer.... Mayor Suarez: Without unanimity in any one Commissioner on radio, particularly those who are disposed to be on radio, and certainly Commissioner De Yurre's not shy about being on radio, I think that's a fair statement, you know, that... Mr. De Yurre: That's pretty fair. Mayor Suarez: You're not shy at all, as a mutter of fact generally. Mr. De Yurre: Well. Mr. Dawkins: Will this bond issue spell out that only the amount of money voted on by the voters will be used? Mr. Plummer: The aggregate principle amount not to exceed, here it says forty million. Mayor Suarez: As needed, is that... Mr. Dawkins: No, I'm saying... see, I'm into this bond issue regarding the police station. The voters voted $5,000,000. We've already spent almost $6,000,000 on each station. Mr. Plummer: No, it's true. Mr. Dawkins: See, and so somewhere along the line... Mr. Plummer: You did on the police station. E ;j Mr. Dawkins: ... as I attempt to sell this, I west to be swo to toll R+l�is voters go will not spOSd no wore money than you voted. r Mr. Odiot line, I have so problem with that. Mr. Dewkinst beg pardon? Mr. Odiot It's correct, we will not - we can say that. Mr. be Turre: It can't happen you know. Mr. Odio: We can't spend what we don't have. Mr. Dawkinst It can't happen. Mr. De Turre: It can't.... not with this. Mr. Odio: That's right, we cannot... Mr. Kay: That's why we're going for another bond issues, we're out of the other... Mr. Do Turre: They don't have any money for that. Let me ask you something. Legally... Mr. Dawkins: Then you go for another bond issue. Mr. Do Turre: Legally, could we structure these bond issues - is this something that you can pretty such slice up the City and may certain precincts, people that live in a certain area that need street improvement that they would vote for that to improve their streets? Mr. Plummsrt You're making a mistake. Mr. Kay: No. Mr. Pluamort You're making a mistake. Let me tell you, I saw a park issue go down based on that because people may, hey, I got my park why should I pay it? Mr. Do Turre: True, OK. Too, it's fair. Mayor Suarez: It could be a bit of a problem because I, yes... some people in certain areas of the City don't want too such paving to go on, actually. The south Grove in particular. OK, do you want to move the item at a particular figure and see if we can get unanimity? Mr. De Turre: Whatever you guys - anything less than 40 I move it out of principle because it's a different question. Mr. Plusmert How about 39? Mrs. Kennedy: Well how about thirty? Mr. Plummer: How about 397 Anything less than forty. Mr. De Yurre: I would move it. Mayor Suarez: Well, you got to give his a substantial read... Mr. Plummert Thirty-aine, he said thirty-siae's agreeable. , Mr. De Turre: I'll awe 39. ''} F Mr. Plummer? That's fine. Mr. Do Turret That's a different auesties- Mayor suarest Mow about !S? At least xMWke it... Mr. Plum Now about 39. 4t Mr. be Turret toll, it's not too ON* •f a M"' N"t M. Tin• IiMP+ lien about 35? w 5' M1 3f • i— . gym, 'F'k.,ag'} .;➢ i F _5T { i �4►1�Y.www.+.«.. '41w1u+e. Mr. Plvismar: Mow about 39? Thirty-five. Mrs. Kennedy: Thirty-five. Mayor Suares: Thirty-five, let's go for thirty-five. Tou can't go to the... Mr. Plumper: Bingo. Mrs. Kennedy: OK, stove it at 35. Mayor Suares: Thirty-five, I'll entertain a motion. Mr. Plumaer: Anybody Sot a lottery ticket? Mrs. Kennady: Move it at 35. Mayor Suares, And tan for the waterfront improvement bonds. Mr. Kay: Waterfront bond issue. Mayor Suarez: OK, in the form of a motion, Co Issioner. Mrs. Kennedy: To*, yes, Mr. Mayor. Mayor Suaras: Madam Vice Mayor. Second. I want to get you down on a second here. Mr. Plummer: Second, I'll sec... Mr. De Turre: I'm not going to second it, I'll vote for it. Mr. Plummer: I'll second it. Mayor Suares: Seconded. Any discussion? Mad the ordinance. Mr. Plummer: Where did we come down on? Mrs. Kennedyt Thirty-five. s, Mayor Suarez: Call the roll. AN ORDINANCE - AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING THE IssuANCE, SuwwT TO THE ELECTiow As HEREIN PROVIDED, OF (i) NOT TO EXCEED THIRTY-FIVE MILLION DOLLARS ($35„ 000,000) STREET AND HIGHWAT IMPROVEMENT BONDS, AND (Li) NOT TO EXCEED TEN MILLION DOLLARS ($10,000,000) WATERFRONT IMPROVEMENT BONDS OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF PAYING THE COST OF STREET AND HIGHWAY IMPROVEMENTS AND WATERFRONT IMPROVEMENTS, RESPECTIVELY; CALLING AN ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS THE QUESTION OF WHETHER EACH SUCH ISSUE OF BONDS SHALL BE ISSUED; AND PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of July 14, IWO$ was taken up for its second and final reading by title and adoption. t1O motion of Casrsiasioner Kennedy, seconded by Commissioner Plumissr, the Ordinance was thereupon given its seeend and final reading by title MA psM# } and adopted by the following vote:s`' AT=i Comalssioner Victor De Turre , Corissioner Miller J. Dmftns Commissioner J. L. Pluomer, Jr. k" 4; Vice Mayor Rosario Kennedy � Mmi►es ir+rigs L• �urs�s �� y; MORAf �• Till _ ORDINSNCE WAS D2810MA 0"INMICZ_ NO. 10473 . The City Attorney road the ordinance into the public record aM announced that copies were available to the members of the City Commission sad to the public. 20. SZCOND READING ORDINANCE: authorize bond election to take place November 8, 1983, with respect to $35,000,000 Street and Mighvay Improvement Bonds and $10,000,000 Waterfront Improvement Bonds. Mayor Suares: Item twenty-nine. Second reading. Mr. Plummer: Yes, I save it, it's a companion. Mr. Jorge Fernandez: Tat. Mayor Suarez: Oh, it's a companion item with the same modification. Kr. Dawkins: It just modify it. Mrs. Kennedy: Second. Mr. Plummer: Yes. Mrs. Kennedy: Second. Mayor Suaraz: Moved and second. Mr. Fernandez: No. Mayor Suaraz: OK, read the ordinance as modified. Call the roll. AN ORDINANCE - AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING A BOND ELECTION TO BS HELD ON NOVEUBER 8, 1988, WITH RESPECT TO THE ISSUANCE OF (I) NOT TO ZXCEED $35,000,000 STREET AND HIGHWAY IMPROVEMENT BONDS AND (il) NOT TO EXCEED $10,000,000 WATERFRONT IMPROVEMENT BONDS, OF THE CITY OF MIAMI, FLORIDA, AND THE LEVYING OF A TAX TO PAT THE PRINCIPAL AND INTEREST THEREON; ESTABLISHING A FORM OF THE NOTICE OF BOND ELECTION; ESTABLISHING A FORM OF THE OFFICIAL BALLOT FOR SAID ELECTION; AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO TAKE ACTIONS REQUIRED IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meting of July 14, 19", was taken up for its second and final reading by title and adoption. On motion of Coammissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was thereupon given its second and final reading by title aad pasmA and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOZS: None. N AISENT: None. !s YAS DNSIOi1ASi8 01tOIMS11Ci M0. 1"74. t Tim City Attoruay Irma the Or#lw"" t4R# sod, that eopits were availably -to the moo"" 08 t6o le"W k _ { t0 Lila N►1ll i0. � tr. � 11. EDUCATIONAL PROGRAM REGARDING PROPOSED ISSUANCE OF CITY BOMDS - allocate $50,000 for the purpose of informing voters of the City of MIMI, elements involved in connection with the election. Mr. Plummer: Thirty is a companion. I move it. Mrs. Kennedy: Second. Mayor Suarez: Thirty is the money - right, for the educational campaign. Moved and seconded. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-769 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $50,000 FROM SPECIAL PROGRAMS AND ACCOUNTS IN SUPPORT OF AN EDUCATIONAL PROGRAM TO BE CONDUCTED BY THE CITY MANAGER FOR THE PURPOSE OF INFORMING AND EXPLAINING TO THE VOTERS OF THE CITY OF MIAMI THE ELEMENTS INVOLVED IN REGARD TO THE VOTERS' CONSIDERATION OF THE QUESTIONS OF AUTHORIZING ISSUANCE OF $35,000,000 QTREET AND HIGHWAY IMPROVEMENT GENERAL OBLIGATION BONDS AND $10,000,000 WATERFRONT IMPROVEMENT GENERAL OBLIGATION BONDS OF THE CITY OF MIAMI, SUCH QUESTIONS APPEARING ON THE BALLOT AT THE NOVEMBER 8, 1988 GENERAL ELECTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: All right, let me ask a question on that. My undsratanding on the baseball item, the sports authority has put up $50,000. Does that relieve us of the fifty? Mr. De Yurre: No, it's on top of your fifty and the top of the fifteen that we're getting from the Off Street Parking Authority. It's $115,000 we have so far. Mr. Plummers fth? Mr. De Yurre: Huh. Ve're working hard. On top of the five we havo easritUd from Ryder, on top of the five we have committed from the Sun Bank and all tie �E rest of the money that's coming in. Mr. Plummers The private money I'■ not worried about. I think that's tr"t. ' 7 MsrrW ivares: Do you still now for no to go after Tony burns or is " resolved nowt Ms. as Turret Ye new his to... s t 4m I" set. #AV* Welsh bard but wkstover moss we can get. Mayor Suareat Because he called back and I didn't know if it was because you wanted his to head the campaign or just contribute on behalf of Ryder. Mr. be Turret It's a contribution as a contributor. Mayor Suarest So maybe we can get a little more. OK. Mr. Plummert Let me just give a word of caution because I was around the day a lawsuit was filed. Any of those monies except the private stoney, private money you can do anything you want with, but I was involved in a lawsuit that all others cannot be a promotional campaign. It has got to be an educational campaign. Mr. De Turret Yes, in fact I'm going to be sitting with Cesar in the next couple of days so that everything is goes to order so that we follow it to the letter of the law so that there's no problem with that. Mr. Plummert OK, I'm just giving a word of caution because the judge was very clear. As long as he said it was educational, he would no issue the injunction. The minute you went promotional, he would issue, so, I'm just giving a word of caution. Mr. De Turret It's well taken. 22. SECOND READING ORDINANCE: amend Code Section 22-28 - provide that Interest charged on delinquent solid waste fees shall be at a rate of 1 percent par month. Mr. Plummer: I save 31. Mayor Suarez: So saved, do we have a second? Mrs. Kennedy: Yes. Mayor Suarez: Seconded. Any discussion? Read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 22-28, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE THAT THE INTEREST CHARGE ON DELINQUENT SOLID WASTE FEES SHALL BE AT A RATE OF ONE (1.0) PERCENT PER MONTH; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 21, 1488, was taken up for its second and final reading by title and adoption. On nation of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy 3, Mayor Xavier L. Suarez, r a�w NUS a None. ASSENT: None. ORDIgM WAS DXSIGNATED ORDINAM 10. 10475. x The City Attorney read the or+diaaeaS lAtto LW, "to" swnewsoed that copies Mrs available to the to the public. ny4t L Y W�-tiFA y.s n Yo 23. A. SECOND READING ORDINANCE: emend Code Section S2.6-3 - increase board composition of Mimi Sports and Exhibition Authority to 11 members - desiguate tome of office and quorum requirements. b. Discussion retarding submittal of Sports Authority board's budget. (Be* label 69) Mayor Suarez: Item 32, second reading of the ordinance on the sports and exhibition authority. Mr. Plummer: Move it. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 52.6-3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY INCREASING THE COMPOSITION OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY TO ELEVEN MEMBERS, DESIGNATING MEMBERS TERMS OF OFFICE AND ESTABLISHING A QUORUM OF SIX MEMBERS; MORE PARTICULARLY BY AMENDING PARAGRAPHS 52.6-3(a), (c) and (d)i CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 14, 1949, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ASSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10476. The City Attorney read the ordinance into the public record end announced that copies were available to the members of the City Commission and to the public. Mayor Suarez: Item 33... Ms. Plummer: Mr. Mayor. Mayor Suares: Yes. Mr. Plummer: Mr. Mayor, through to the Manager, I don't know it s seen the budget for the sports authority. Mr. Odlo: Commissioner, yesterday after the workshop, I called... Mr. Plower: I have not seen the budget. tkr~ Mr. Odiai It will be presented to you on the Commission mretisg od tgtb and I told thews to make sure you get the boot aN I ol*A t014.10 be should so" individually wick .sach a►e of you OW to WMV thotg Mgr 141wers Is towirr badges 0Nted-Apte6r istt A W i; Mr. Odio: The budget will be... Mr. Plusmert When is their budget - what is their fiscal year? Mr. Odio: October 1st. October let. Mr. Pluismor: And they're not going to present to us until three days before? Mr. Odio: That's correct, that's what I was... Mr. Plummer: For one. Mr. be Turret Well, have them make sure we gat the information before hand. Mr. Odio: That's what I told him to do. Mr. Plummer: For one, it is totally unacceptable to me that they are not presenting their budget until three days prior to a hearing. It is totally out of question. Mr. Odio: What, it is not. He's going to not up an appointment with you each individually and go over their budget and if you have any objections, he has time to go back to his board. Mr. Plummer: How are you going to... Mr. Odio: The reason he cannot bring it before that is that his board has not approved the budget and according to the ordinance, the board has to approve - the sports authority board has to approve the budget and then he has to bring It to you. Mr. Dawkins: But that's not my problem that his board has not approved it, that's his problem. Mr. Odio: I know, Commissioner, but... Mr. Plummer: Hey. Mr. Dawkins: That's his and the board's problem. Mr. Plummer: Let me tell you something... Mr. Odio: Yes, air. Mr. Dawkins: OK? Mr. Plummer: ... that is absolutely ridiculous. Mr. Odio: Well, I will pass the word on to then that it's absolutely ridiculous. I told him yesterday that they should meet with you ismaediately. Mr. Plummer: They're going to be operating with - let me tell you something, as far as I'm concerned, they're going to be operating without a budget come October let. So tell them to be prepared. Mr. De Turret Who's the chairman of that authority? Mr. Odio: Gene Marks. +sue, Mr. Ds Yurre: You've got to got on top of liens. Mr. Dawkins: Well, why don't Gone have the budget is hare? You gNix. change chairman. ' Mr. Odios I will... Mr. l'lumisers Why doesn't he have it? Y . liens I that. s Mr. Dawkinss Tell said Mr. Oilies I will Para yr the V4Wr4 Car UW$QW. 3 i I Mr. bewkinst OK, all right, pass that to him. Mrs. Kesnedyt I, for one, also have the same problem. I'm going to be out at town, I'm arriving the day before the meeting and I'll have to go through the whole agenda plus their budget. There's no way I can do it. Mr. Odiot I will meet with John today again and tell his that - but he told me yesterday he cannot technically bring the budget to you unless the board of the sports authority approves it and he doesn't have time to prove it... Mr. Do Turret Well, talk to the chairman to get a special emergency meeting and approve it right away. Mr. Odiot I will do that. 24. SECOND READING ORDINANCE* consent to merger of City Gas Company of Florida and N.U.I. Corporation and assumption by Zlizabothtown Gas Company of Now Jersey of franchise obligations to the City. Mayor Suarez: Item 33. Mr. Plummer: Move it. Mayor Suarez: Moved. Do we have a second? Seconded. Mrs. Kennedy: Second reading, I second. Mayor Suarez: Any discussion? Read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCZ ACXMOYL.ZDGING AND COMSZMMTING TO MZ OF CITY GAS COMPANY OF FLORIDA AND N.U.I. CORPORATION AND TO ASSUMPTION OF FRANCHISE OBLIGATIONS TO TMP CITY BY ZLIZAUTMW GAS COMPANY OF NZW JZRSEY, A VWLLY- ONNZD SUBSIDIARY OF M.U.I. CORPORATION PURSUANT TO NATURAL GAS FRANCHISZ WITH THE CITY OF MIAMI1 SUBJECT TO THR CONDITIONS AS SET FORTH HZRZINI CONTAINING REPEALER PROVISION AND A SZVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 21, 1989, was taken up for its second and final reading by title and adoption. On notion of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: ATES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ASSSNT: None.'* ! OR8If1AMCN WAS NjIM&M ORDINANCE 110. 10477. L The City Attor"y read the erl4i"we Into tbt: "blia ` eaaausced that copies were available to the ww0ors of the City C40WAn1jo to tM publ ie •..- .'....7�., - _yam .., ,. }filt'1'r., e.J:iSe a�m`�$,4�1. • - ----- - ------- - - - - - - -------------- 2S. SECOND READING ORDINANCE* amend Code Section 2-313 - correct scrivener's error in definition of the ten "lobbyist". Mayor Suarez: item 34. Mrs. Kennedy: Move it. Mayor Suarez: This is a scrivener's... Mrs. Kennedy: Error... Mayor Suarez: Or I mean a scrivener's error, just a semantic change, terminological change. Mr. Plummer: Second. Mayor Suares: Moved and seconded. Any discussion? Read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 2-313 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CORRECT A SCRIVENER'S ERROR IN THE DEFINITION OF THE TERM "LOBBYIST" AS SUCH TERM APPEARS IN THE CITY'S ORDINANCE WHICH GENERALLY REQUIRES THAT PERSONS ENGAGING IN LOBBYING ACTIVITIES IN THE CITY REGISTER WIT![ THE CITY CLERK BEFORE ENOAGIya, IN LOBBYING ACTIVITIES, TO PROVIDE BY SUCH CORRECTION THAT PERSONS ENGAGING IN SUCH ACTIVITY IN BEHALF OF THEMSELVES OR IN REPRESENTATION OF OTHERS VI?lR7UT CO PMOSATION Olt REIMBURSEMENT NEED NOT SO REGISTER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its f irst reading by title at the meeting of July 21, IM# was taken up for its second and final reading by title and adoption. On motion of Coasaissioner Kennedy, seconded by C mmaissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Cosmissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Nona. ABSENT: None. r ` THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10476. The City Attorney read the ordinance into the public record mW announced that copies were available to the a s"re of the City Cowleatsp N ` . to the public. COMMENTS MADE DURING ROLL CALL: , a Mr. Plummer: This does not in any way change the obligation. Mr. fersaades: No, net at all. Ilr. !lows: OK, I vote yea. z pi 1 �.,ve, �. .. _ _ . =;a, � « "r:�'.�zi+ax..t�'r...: } .'"3:k'?.Y? �'�� �sT�,c x5:. ✓ d3riC� ` . H. PLACE UNDER OATH PUBLIC SPEAKERS ON ZONING MATTERS - brief discussion and temporary deferral - direct administration to place under oath all such future speakers appearing before the City Commission (see label ee). ------------------------------------------------------------------------------ Mayor Suarez: Thirty-five. Mr. Plusmaers Mr. Mayor, let me go back. We were talking this morning about procedures. Mayor Suarez: ?es. Mr. Plummer: I would like to adopt or, if necessary, a motion to go back to an old procedure that we had. It does not affect today's agenda but I would like to see it in the future if my colleagues support me that in all matters relating to zoning, that all parties testifying must be placed under oath as to their testimony. I so move. Mayor Suarez: There's problem with your motion. Mr. Plummer: And that problem is what? Mayor Suarez: By the procedural determination made this morning at your request, we cannot consider this until the and of the meeting today. Mr. Plummers Thank you, sir, I'll bring it up at that time. Mrs. Kennedy: That was a good one. Mayor Suaraz: Item.. actually I'd... well. we'll get into it at that point. I would like to have more time to consider that at a later hearing. 27. FIRST READING ORDINANCE: require that future leases of City -owned property to private clubs contains language that implements an affirmative action plan as veil as incorporation of provisions of Ordinance 10062 related to minority procurement. Mayor Suarez: Item 35. Mr. Plummer: I'll be at 831. Mr. Dawkins: Move it. Mayor Suarez: Item 35's been moved, do we have a second? Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. Mr. Plummer: The only question that I'm asking on 35, has all parties, Mr. , Manager, has all parties that this affects, this ordinance, been notified of K this ordinance? Mr. Odio: Well, the ordinance that was advertised but this is future . leases... Mr. Plumer: I understand that. sir. Mr. Odio: and I don't know who the future leases will be. ' Mr. Plummrm In other words, none of the Present leans:? , Mr. Wes No, it's future 1e44e41. W. r >.1 Mr. Plummer: OR, all right, theak yw. Mayor Suarasr OK, we haws a motion sad a seeond, do we, Media City... Mr. De Turret give s» some background on this now. Mr. Dawkins If the present lease come up for renewal, they'd better meet it. Mr. Odio, Sure, yes air. Mr. Dawkinat All right, OK. Mr. Plummert Well, OK, in that case, I think, out of a courtesy, that all at the City leases that are affected by this should be notified that there is a mutter that could affect them in the future and they should be here at a public hearing at the second reading. Mayor Suarest Very good point. Call the roll. Mr. Odio: OK, good point. Mr. Fernandes: No, no, first the reading, Mr. Mayor. OK. Mr. Odio: I'll be sure to notify the .... Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE REQUIRING THAT ANY FUTURE LEASES OF CITY - Own PROPERTY TO PRIVATE CLUBS CONTAIN PRESCRIBED LANGUAGE IN THE LEASE AGREEMENT AS SET FORTH IN THIS ORDINANCE, WHICH LANGUAGE MANDATES ADOPTION AND IMPLEMENTATION OF AN AFFIRMATIVE ACTION PLAN BY SUCH CLUB, SAID PLAN TO RESULT IN PARTICIPATION BY MINORITIES IN CLUB MEMBERSHIP AND ACTIVITIES; ALSO REQUIRING THAT SUCH FUTURE LEASE At,Bti1T8 INCORpoRATE THE PROVISION'S OF ORDINANCE NO. IM2 RELATED TO MINORITY PROCUREMENT THEREBY MANDATING THE ADOPTION AND IMPLEMENTATION OF THE ANNUAL GOAL OF FIFTY-ONE PERCENT (51) MINORITY/WOMEN BUSINSSB PARTICIPATION IN THE PROCUREMENT OF GOODS AND SERVICES BY LZSSEES; FURTHER, REQUIRING THAT SUCH FUTURE LEASE AGREEMENTS CONTAIN A PROVISION REQUIRING THAT LESSEZS REPORT ANNUALLY TO THE CITT'S OFFICE OF MINORITT/woo BUSINE38 AFFAIRS ON THE ATTAINMENT OF SAID GOALS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. Was introduced by Commissioner Dawkins and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote: ATNIt Commissioner Victor De Turre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez r NMI None. A&3ZNT r None. The City Attorney read the ordiaa�ee late the pebtle anaouaeed that copies were asallable to the ambers of tjw City &AW&A to the psbl10 r ------------------------------------ - - ---- ------------------- 26. FIRST RSADING ORDINANCE: amend Code Section 40-204(C) - add and remove certain provisions regarding authorized investments and guidelines of investment of the City's Firefighters' and Police Officers' Retirement Trust Funds. ------------------------------------------------------------------------ Mayor Suares: Mr. Manager, in connection with item 36. Mr. Odio: Teo, sir. Mayor Suaras: The police officers retirement trust fund and the firefighters retirement trust funds are the plan and the system are they not? Mr. Plummer: No. Mr. Odio: No, sir. Mayor Suarez: They're not the pension plan? Mr. Plummer: System is police and fire. Mayor Suarez: OK, so... Mr. Plummer: The plan is all others except them. Mayor Suarez: OK. The system then is these two, right? Ms. Elena Rodriguez: It's the former, the name, since 1983 has been the police officers and firefighters. Mayor Suarez: OK and these funds, as to police and fire, amount to how mob at this point? Ms. Rodriguez: About three hundred... Mayor Suarez: Why don't you give us your name and put it in the record, please. Ms. Rodriguez: I'm sorry. My name is Elena Rodriguez. I'm the administrator of fire and police pension trust fund. Mayor Suarez: This is great, I've got my problem resolved, see. Because what I wanted to do, I wanted to know who is managing these funds and why we don't hear from this person every so often. Now... Mr. Plummer: Thirty-six. Ms. Rodriguez: I don't manage those funds, I administer the fund. We have three official money managers that manage the .... Mayor Suarez: I'm sorry, you administer the funds and presumably you select managers and otherwise have all kinds of authority. Ms. Rodrigues: But I'd be happy to answer any questions. Mayor Suarez: That's what I was hoping you'd say. Who appoints you? Ms. Rodriguez: The board. Y- Mayor Suares: And the boards are appointed how? The unions eloot t totally? Mr. Plummer: Tom, that was the Gets$ settlement. Mr. Odio: We have a representative, I believe from the City... Mayor •wren l That's what I want to know. r +.i l • 0 Mayor Meares: Are you contradicting the Manager? Do we agree or de we disagree here? Mr. Odio: I have a representative. Me. Rodriguez: Teo, the City Manager appoints one representative. Mayor Suarez: Out of how many? Ms. Rodrigues: Out of nine, there's nine board members. Mayor Suarez: For the combined trust or for each one? Me. Rodriguez: No, for each one. Mayor Suarez: And the Manager appoints one. Ms. Rodriguez: The Manager appoints one. Mr. Odio: On each board. Ms. Rodriguez: You. Mr. Plummer: Wait, wait, wait... Mayor Suarez: One out of nine. Me. Rodriguez: I'm talking about fire and police, general employees is different. Mr. Plummer: Wait, wait, whoa, whoa, whoa... Mayor Suarez: That's what I'm talking about, fire and police. Mr. Plummer: It's combined. Mayor Suarez: Oh, it's one board. Mr. Plummer: There is a nine - one nine member board for police and fire. Me. Rodriguez: Right. Mayor Suarez: OK, and you're telling me that the other eight are appointed totally at the discretion of the two unions? Ms. Rodriguez: No, sir, if you'll allow ant to... Mayor Suarez: Ah, I love to get answers that are contradictory here. Ms. Rodriguez: If you'll allow me to explain. Mayor Suarez: OK, he says yes, you say no. Tell me why no. No. Rodriguez: If you'll allow me to explain. The City Manager gets to appoint one member. F Mayor Suarez: We've got that established. There's eight left. Ms. Rodrigues: The fire union gets to appoint two cabers... P Mayor Suarez: Oh huh. Ms. Rodrigues: ... they hold elections and ?Acme t� " a96" 000i�1 from their masbership. The police union gets to appoint two gembera. Mayor 3uarm OK, we got four left. We. M.arigwTb e: ey also Loll elect ar. r ; rM sisisg •ftberi, the City camiNtoo 4"0lts to" o Hots, QN subaittsd ltnti7IM6+ars' 4 J { lit i i Mayor guaraz: We appoint a total of four out of nine plus the Manager's vote or appointment, theoretically we would have a majority if we weren't too hap" with the way things were functioning. Mr. Odiot Mr. Mayor, you see... it's important that we clay... Mayor Suarez: Which is not to imply we're not. I just want to know. Mr. Odiot The people you select you don't select, I mean you cannot pick anyone. They will give you a list and you have to pick from that list. Mayor Suarez? Or we can refuse to select from that list too. OK and than you're appointed by the nine person board to serve for how long as administrator? Me. Rodriguezt Indefinitely, as long as they're happy. Mayor Suarez? Indefinitely? Ms. Rodriguez? Well, as long as they're happy. Mayor Suarez: Kind of like we do with the Manager, right? Ms. Rodriguez: Like... similar. Mayor Suarez? And your background, if I may ask, as long as we've got you here, we're sort of acquainting ourselves in this fashion here, what is your... Ms. Rodriguez: I have a masters degree in public administration. I have a background in accounting... Mayor Suarez: An MPA. Me. Rodriguez: ... and I've been working for the City for the last, almost 20 years. Mr. Plummer: Doing this job? Ms. Rodriguezt Doing this job for the last fourteen. Prior to that, I worked In expenditure control. Mayor Suarez: OK, remember, Ms. Rodriguez, that one of the concerns of this Commission, which is what I was getting at in addition to, of course, a proper administering of our funds, because whenever something fails invariably we have to bail them out as we're going to have to do now with the firefighters insurance fund. But beyond that, in good administration which presumably you've been doing, this Commission is very interested in how the funds are invested and what was the total amount that you have now in the funds? Ms. Rodriguez: About $320,000,000. Mayor Suarez: Particularly when the funds are in question are $320,000,000. And I can tell you for myself, Commissioner Plummer and Dawkins have been here longer and Kennedy and I and De Yurre more recently, but I have not been, once that I remember consulted on investing these funds or whether the Commission - and I have no indication that you are mindful, maybe you are. of our concerns about banks being that we invest funds in being banks or financial entities, whatever they may be, that participate in City projects. And, you know, I don't know really what the procedure is to require you to do that but we'se mindful of that and periodically you maybe ought to make a report on boar you're investing these funds or how your managers are investing these fe"S because we really - you know, when you're talking about $310,000,000, that#• sore money than we've got in any of our... us. Rodriguezi There was a report about a month or two age, o" 44MMd3 report, was submitted to all the swWwre of the ConSi situ pid n detail there of bow the funds are invested, wiy Vbm, bow UW deiag Mrs. Kes"eys iut that's not what taw New iw, a • 6 r$�y40 ' s..&-'L: u ,. Zs'.a ? e.•'"'.a '... +. „,9(,ii ih,ts uttSC Mayor =cares: Let me alert then my aide who's here and I guess the rest of the Commission will probably want their aides too to - what is the some of that report and what is the date? Me. Rodriguez: It's the annual report and it's... Mayor Suarez: OK and what was the last annual report, what fiscal year do you have? Me. Rodrigues: It came out, I think it was in -May and as for the... Mayor Suareze Mar? Me. Rodriguez: ... in May and it was for the year ending September... Mayor Suareze I thought you said it was a month ago. A few months ago. OR, does it have May 30th report, May 319t? Me. Rodriguez: I don't know exactly when we put it in the mail. Mayor Suareze Isn't it in conjunction with your fiscal year? Me. Rodrigues: No, the year is closed September 30th and it's - an audit is... Mayor Suarez: Same as ours. Me. Rodriguez: Then an audit is conducted every year. After the audit is finalised then we produce the annual report. We have it printed and as soon as it cosies back from the printer, it's distributed to everybody. Mayor Suaroz: Very good. One last question, as long as I'm into this and Mr. Bartel from my staff, hopefully, will look through that. Me. Rodriguez: Sure, I'll be happy to send you another copy. Mayor Suaroz: One last question. No. Rodriguez: OK. Mayor Suarez: What is your phone number? stork phone number. Ms. Rodrigues: 579-6371. Mayor Suarez: OK, because I think people really ought to be aware of bar these monies are handled and who the person responsible is, presumably you're doing a good job, and otherwise give you input as we do in just about every other aspect. It's a little bit frustrating that, you know, we have theae substantial amounts of money and we don't always know exactly how they're being invested. But I guess we have a... Mr. Plummer: Well, the question you haven't asked, you better ask. What's the unfunded liability? No. Rodrigues: There's about $100,000,000 worth of unfunded liability at tba present time. Mayor Suares: OK. Mr. Plummer: Vboa you start thinking about that hundred aksd twenty on tMe plus, you've got about the same on the minus. Mayor Suares: Hopefully the 320 miliioa are being invested pe"Orly so tilt ✓"` It doesn't increase the unfunded Liability. It's somstbisg tbet I east sM. for a few years ago. Ile. Rodrigues: If you have sky ooncetsa or if Y" htsm ww ysa'd lilts to call my office, I'd be happy to nspwW. Mr. Darh1ms1 I'll nuts 1W statemost hers. sib" tbq Xog lilts to bsve you put Oct to the trtmix or sot�rirMt�t r a gamey managers or financial advisors that that firm did from this day as. I know it's none in the past, but from this day on. Mr. Plummiers Move item 36. Mayor Suares: OK, so moved. Do we have a second on item 36? Read the ordinance. Thank you, Elena. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 40-204(C) OF THE CODE OF THE CITT OF MIAMI, FLORIDA, AS AMENDED, TO ADD AND REMOVE CERTAIN PROVISIONS DEALING WITH AUTHORIZED INVESTMENTS AND GUIDELINES FOR INVESTMENT OF THE CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICER'S RETIREMENTS TRUST FUNDS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following votes AYES: Cosmissioner Victor De Turre Commissioner Miller J. Dawkins Commiissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ASSENT: None. The City Attorney read the ordinance into the public record amd announced that copies were available to the snambers of the City Comissiom asd to the public. No. Rodriguez: Thank you. 29. FIRST READING ORDINANCE: amend Code Chapter 18, Article III (sale of certificates for delinquent local government assessment liens), Section, 18-34 - provide that all practices and procedures pertaining to local improvement assessment liens shall apply to the sale of all municipal liens. Mr. Plungers Move 37. Mayor Suaraz: Item 37. Mrs. Kennedy: Yes. Mayor Suaraz: Moved and seconded. Apy discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 18, ENTITLED *YINANCE", ARTICLE III, SALE OF CERTIPICATSB FOR DELINQUENT LOCAL IMPROVENNT ASSE3311ENT LIENS, SECTION 18-34, OF T= CONK OF TH= CITY OF MUNI, FLORIDA, AS ANNUM, TO PROVIDS THAT Tile PRACTICE AND PROCLDQRS PUTAIKM TO = SALE Of LOCAL IMPROV=1NT ASSESSMENT LIENS SNAIL APPLY TO THS SALE Ot ALL NWICIPAL LIENS= C.OWTAINIM RETEALU PROVISION AM =V21"lU1T CLAM. .1taa introducer by CoB,Aiyl"We pl~r a Arid ij; Rasnedy aid was passed oa its first rearinS by title by t w 4sto ee .,.v..i+','`.a • • ATEf: Cosmissioner Victor be Turr* Cosmissioner Miller J. Dawkins Cosmissioner J. L. Flu noier, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez 1101Zf: None. ABSENT: None. The City Attorney read the ordinance into the public record sad announced that copies were available to the members of the City Cosmisaion sad to the public. 30. EMERGENCY ORDINANCE: ascend Code Chapter 39, Article II, Sections 39-11 and 39-17 - place further restrictions and requirements on street vending within restricted vending districts. Mayor Suarez: Item 36. Mr. Jorge Fernandes: When you consider item 38, Mr. Mayor, you should take Into account that this is an emergency ordinance although it's not titled that way on your agenda. Mr. Dawkins: Why, what's the emergency? Mr. Peter Andolina: The emergency is that Flagler Street demonstration block. from Miami Avenue to East lot Avenue will be opening October - approximately October 15th. All of the additional planters, telephone booths, etc. that we put in that block do not leave sufficient space for vending activities it you want to protect the health, safety and welfare of the pedestrians. So that's why we're asking this to be heard on an emergency basis. For the record, my now is Peter Andolina, deputy director of the downtown development authority and I'm also here as a board member of the Downtown Miami Business Association. The proposed ordinance is based on conversations with the police department... Mr. Dawkins: Move it. Mr. Plummer: No, wait, I got questions. No where in here do limit the also of the cart. Mr. Andolina: The amendment doesn't address the size of the cart but the existing ordinance does limit the size of the cart. Mr. Fernandez: Yes. Mr. Plummer: What is the present size? Mr. Fernandez: Other parts of the ordinance that we're amending limits the site of the carts, but the size of the cart is already prescribed for. Mr. Plummor: And I don't sea anything in here about they must demonstrate sa occupational license as wall as the *alas tax license. Mr. Fernandes: It's all in the existing ordinance. Mr. Plummer: It's not being enforced. hh e Mr. Formandess Well. , Mr. Plummere Wall what? Why make a law it it's not beta: ogows"t Mr. Andolisat It's already in the existing ordiews, 1W. lia1M19t! 06, `rs#,� evoo'., r has a "Lee tg«. rot"*- iir, a tot of brae pestle dev tmat tkay 4014m, tax. #tietUX* n b" to. $00 01WU 170 ti*490' Mr. Andolinst I'd like... Mr. Flu man Now, you know... Mr. Sergio Velikopoljski: My name's Sergio Velikopoljski, I'm with the Downtown Development Authority. Many of the vendors there work for a company. There are vendors there that own about 20 carts so they work for a particular owner and then he does all the filing. Mr. Plummer: line, then I want to see a report on each vending machine. They're collecting sales tax. I want to know that that tax is being forwarded to the right party and it's not happening. I want to see an occupational license. Each cart is what, $4587 Mr. Velikopljskit Those are the hot dog carts. The fruit carts are $130. Mr. Plummert Why would they be less? They're there operating on public right-of-way. Mr. Holbein Rodriguez: Excuse me, my name is Holbein Rodrigues. Mr. Plummer: Wait, wait, wait... Mr. Rodriguez: OK. Mr. Plummer: Right. You know, let me tell you something. Here's the problem I have, OK? And I speak to not only the carts, I'm speaking to street vendors. These people are going in competition with legitimate businesses that operate in this community and they're not paying any taxes. Yet they're getting all of the services that that man who owns the store, that man is required to have fire safety, he's required to have public bathrooms, he's required to have all of this sort of thing and yet the vendors are out there with not a damn thing in the same requirements of them and they're siphoning the cream off the man who's doing a very, very fine business. Now, I got a problem with that. Mr. Velikopljski: Mr. Plummer, I hear the same exact thing from retailers mad property owners all the time and... Mr. Plummer: Well, why don't we just prohibit them period? Mr. Velikopljski: That's your prerogative. Mr. Plummer: Well, I'm saying is, that if these people are going to go take the cream of the profits off, hot dog vendors are taking business away from a sandwich shop or restaurant. The street vendors with flowers are taking it away from florists who operate legitimate businesses. Now, these people have to pay taxes and for that they get municipal services. These vendors aren't paying any taxes and they're getting municipal services. They fall down on the street, the same rescues going to pick them up. They got a problem, the same policeman's going to service them. Now either they pay a fair share or let's get rid of them. I mean, you know, why are we doing this kind of a thing? I see a guy down here in Coconut Grove. If I was a Grove merchant, this guy's selling jewelry on the streets and we got merchants in Coconut Grove who are legitimate merchants, who are selling jewelry who buy from this guy who provides nothing back to the City. They're not going to buy from him. Why are we catering to a clientele who does not contribute back their fair share is what I'm really saying? Mr. Manager? Mr. Odios I think I agree with you. r 7; Mr. De Turret Yell, and that extends to the people selling flowers s 304 <y and U.S. i and selling fruits on 37th and Blagler and window washing so Biscayne Boulevard. k Mr. Odiot Sure, it should. Mr. llussrr1 Key, well I don't know that tbere's establlow bWJA got the purposes of window wasbing. r >. V Ms. � �MB'SB� ihll� `+�d1r tr#db• �� �_ k ' Mr. rumors Olt. Mayor Suareas Well, more... more reason, I man. Mr. Plusmssr: A car wash, OK, you know, I'w just saying that I have 0esdors are a convenience and I don't have any problems with that but as a convenismas I think that they should be required to be just as competitive with a mw who's operating legitimate business and that's my feeling. Mayor Suaros: Sir, do you want to sake a statement? Mr. Rodrigues: Teo, my name is Holbein Rodriguez, I'm a vendor in downtown. I just want everybody to know that most people pay taxes and my... Mr. Plummer: Excuse me? Mr. Rodrigues: Most vendors in downtown pay taxes. Mr. Plummer: How much advalores tax - are you a vendor, air? Mr. Rodriguez: Teo, 1 am. Mr. Plummer: How much advaloram tax do you pay? Mr. Rodriguez: Monthly? Mr. Plummers Teo. Mr. Rodrigues: Say anywhere from $40 to $50. Mayor Suaroz: No, he's talking about real estate taxes. Mr. Plummer: I'm talking about real estate taxes. Mr. Rodrigues: No, no real estates taxes, just sales tax. I Mrs` Kennody: That's a point.-` Mr. Plummer: OK, that's what - OK, do you provide public restrooms? Mr. Rodriguez: No, I don't, I don't have the space for it. Mr. Plummer: OK. I'm saying, these are the requirements that are on the regular people that operate a business. Mr. Rodriguez: I do have City of Miami license. Mr. Plum rt Occupational. Mr. Rodriguez: You. Mr. Plummer: And you pay how much for that? Mr. Rodriguez: $300 a year, air. Mayor •uares: What do you well, Mr. Rodrigues? Q Mr. Rodriguess Not dogs, sodas, potato chips. That's a... - Mr. tlummysr: Hey, you know, i've made my feelings known. '<f. Mayor Suaress Wail, the ordinance is as effort to eesstrala OWa" this... Yr. Pluwrsr: Nuht `, W. As401 ins I Tess the ordiss"s is flo" of ii ' �I Maier /wrosS ... 7" bNW-0 it s a step 4 V104. #t" W. ANUSUMS • ♦,0 it, offi mir, v Mayor Suares: Well, I think there's another problem but we're not taking into consideration. And the other problem is a safety factor. They do create a problem with safety on walking - the pedestrian walkways of the streets. Now, at one time there was a situation that said that vendors could not stay stationery. What happened to that? Because it's surely not being enforced. These guys are attaching... Mr. Andolina: No, that was overturned by the courts, sir. Mr. Plummer: The what? Mr. Andolina: We could not - that was overturned by the courts some years ago and they can now stay in a fixed location and we have locations marked in the downtown area. This ordinance pertains only to the downtown vending district which is from the river north to 6th Street, I believe. Mr. Plummer: Well, excuse me, I understand you have a vested interest because that's who you represent. I'm talking Citywide, OK? I'm not talking about - I me concerned that when I walk down the sidewalk of Coconut Grove, that a vendor with his cart out there has impaired my right as a pedestrian on a public right-of-way... Mayor Suarez: Are you saying there's some constitutional problems with it the way we had tried to do it before? Mr. Andolina: My understanding is there was a constitutional problem, the law department could probably speak to that. Mayor Suarez: I know there's a constitutional problem with the regulation of the newspaper boxes but I'■ sure there's ways that we could still somehow make than pay for the use of the sidewalks. Mr. Andolina: What we're trying to do here is address the safety issues by only permitting one vendor at each location. Right now, two or three try to squeeze into a marked zone. This will be a clear rectangle and only one vending cart will be able to operate in that rectangle. Mr. Plummer: That's well and good, you know, but then you're depriving the right of competition. I scan, you can attack it from any way. Mayor Suarez: But, J.L., remember that we've also passed, and this is a little bit comparable. We've also passed the sidewalk cafe ordinance and we've allowed established businesses... Mr. Plummer: But we mandated in that there had to be X number of feet clearance for pedestrian right -of -ray. Mayor Suarez: But I mean we're collecting substantial amounts of money from them and... Mr. Andolina: This also prohibits the open flame cooking which is potentially dangerous to pedestrians and also the smoke has been entering the adjacent stores and the clothing and other products smell of hot dogs and other... Mr. Plummer: How often are these things inspect... you're a vendor, holy often are you inspected by the health department on site? Mr. Rodriguez: They say twice a year. Mr. Plummer: They say it. Now often does it happen? Mr. Rodri uez: g Probably three 7 or four time a year. n . Mr. Plummer: On site? z s Mr. kodrisuese on site. we also Dave rules that we .%we to a #ad;afo � amount of toot tree the sidewalk and hews you eves sad y lawsuits coacorau+s safety? ? As s P pedestrians... Mr. Plu rs Yaat kUW of liability ixaursat do Aj i r 'tea 0 17A Mr. Rodriguez: None. Mr. Plummer: None? Mrs. Kennedy: None? No liability? Mr. Plummer: On a City - well, I can tell you one right now, Mr. Manager. Tom can add this one to it immediately. Just like every City situation, $1,000,000 of liability. No question, no question. Citywide any vendor who is on public right-of-way. This man tells we he has no liability insurance. Mr. Rodriguez: Well, nobody has none, it's never been enforced. Mr. Plummer: Wall, that doesn't make it right. Excuse me. Mayor Suarez: Well, wait, we don't require a million dollars for every... Mr. Rodriguez: Nobody requires that. Mayor Suarez: Wait, sir - for every business that is using the sidewalks for sidewalk cafes I don't think in conjunction with their occupational license. Mr. Plummer: Wall, they have their own insurance with their business. Mayor Suarez: Typically, but it's not necessarily a million, you know... Mr. Plummer: OK, well whatever it is, whatever it is. I mean there's got to be a liability question there. Mayor Suarez: Wall, why don't you approve this ordinance and bring back the whole issue of liability insurance as a requirement for a further ordinance? Mr. De Yurre: Wall, Mr. Mayor, before we get into continuing that liability... Mayor Suarez: Yes, Commissioner. Mr. De Yurre: ... issue, you know, I have a concern that has been going on now for quite a while and that is that if, you know, we're going to look at what they're proposing here downtown, then, you know, we go to look at the whole Citywide situation and I but you that we lose thousands upon thousands of dollars at the Miami Arena, at the Orange Bowl because all the vendors that sell outside these facilities. Mr. Plummer: No, you don't enforce the Orange Bowl. No, you don't. There was a guy in a van outside of the City parking lot that I went out that was selling tee-shirts and sweat shirts and everything after the FSU game. Mayor Suarez: Bring that back also as another ordinance. These guys have worked awfully hard to get one in downtown to regulate this. Let's pass that and... Mr. De Yurre: Well, what about the issue of the one year? Mayor Suarez: ... the issue? You, I don't know. I guess they want to test it. Make it permanent. Me. Hirai: Mr. Manager, we... Mr. Pluinmer: Well, I'm telling you the guy was out there selling. Mr. De Turret Why the one year? Mrs. Kennedy: Do those vendors, Mr. Manager, at the Orange Soul esrs� liability insurance?` Mr. Odio$ lio, no, if they're doing its tbey're doing it WOW. � doing it outside the Orange &art. ;� x A - Mr. 11mm ra Inside, yes. Mrs. Kemodyi 0b, you wars tenting •tut the insifs# aae ti�l Mr. Plvr r: I'm talking about the outside. Mrs. Kennedy: Yes, the outside. Mr. Odio: If they're doing It outside... Mayor Suares: Well, this might serve as model for the rest of the City, so I don't think it's such of a problem to pass one and... Mr. Andolina: I'll be happy to work... Mr. Plummar: Well, I would - look... Mayor Suaras: Itch area may have different... Mr. Plummer: I concur with you except one point and I will leave it to the discretion of the law department and the Manager. OK, I will approve this as a step in the right direction with the proviso that there must be a minimum amount of liability insurance. Whatever that minimum amount is of any obligation presently with the City is the same minimum amount that will be applied to the vendors. Mr. Odio: Citywide. Mr. Plummer: Citywide, of course. Of course. Mayor Suares: This is for an ordinance to be brought back? Mr. Plummer: No, I'll approve this with the proviso that they must have proof of liability insurance, amount to be set by the Manager. Mayor Suares: OK, but you can't do it so you price them out of businese now. I mean, at least, if I'■ hearing Commissioner Dawkins correct, I have the sties concern. I don't thank that's the idea I mean. There's some policy smaoust that is reasonable... Mr. Plummer: Whatever the minimum - what I would may, whatever the miaimym amount is now. OK? For any other given situation in the City is what they should pay. Mayor Suaras: There In none. There is none. Unless they're using .one property, there is none. And I don't think sidewalk cafes have in their ordinance a requirement. Do they, Joe? Joel Maxwell, Esq.: I'm sorry, Mr. !Mayor. Mayor Suarez: The sidewalk cafes, do they have a requirement of insurance? Mr. Maxwell: For insurance? Mr. Plummer: What is the minimum? Mr. Odio: What is the minimum? Mr. Plummer: Whatever the ■inimmm is there for sidewalk cafes would be talc with me. j� Mr. De Yurre: tmcplain to me why it's just that one block and sot..-. Mr. Rodriguez: Right. Hr. be Yurrem ... all of Flagler. Mr. Mummers It's a damwastraties project. Mr. Asdol ina: The one block is a demasstrstUm ilsedt vWFy ■S 090 plan"".* am light posts, Aar trade rseeptaclsv* saw s Just des't t"l tlesre'sauttleisst seer os so i,,. 1 S s f µ ��ktk�ni�a�@'�'"`•?fF 'i :'?� f '. ,: dt 1.9 } �+c',.� n'T_a `ua.E i. ci 5 J.. �v� � ,� � I'm an Individual ve"doc. Mayor Suares: what he's saying is that it Mould have the sass rationale for the entire downtown district that DDA is concerned with and UGA and we wonder why you're only limiting it to this. There's no reason to limit it, we could do the whole downtown, right? Mr. Andolina: Well, the ordinance applies to the whole downtown except for the total prohibition. Mayor Suarez: Oh, I see. Mr. Andolins: There's a total prohibition just on the demonstration block so we have a year to evaluate the new things that we've done to see whether we want to continue that in other sections of Flagler Street. Mr. De Turret OK, I'll move it. Mr. Plummer: With a proviso for the liability. Mr. De Yurre: The insurance that we're going to be checking on. Mr. Plummer: Hold on, he's trying to get it right now, what it... Mr. be Turret Yes... Mayor Suarez: Mot... Mr. De Turret It's not that easy just to... Mr. Plummer: Well, OK, if you're willing to agree that whatever the liability Is presently on the sidewalk... Mayor Suarez: I liked the way you phrased it before, whatever... Mr. Jorge Fernandez: For sidewalk cafes, it's $1,000,000 insurance.... Mr. Plummer: That's what I thought it was. Mr. Fernandes: but the problem with that is that that would require as amendment to the existing ordinance that we have, if we want to make that requirement of all vendors. Mayor Suarez: I would ask you, J.L., to really have that considered as a separate item for another ordinance because, you know, a hot dog vendor, frankly, might not cause the liability problems, particularly we're forbidding the use of open air cooking of any sort? Mr. Andolina: Open flame cooking throughout downtown. Mayor Suarez: Open flame cooking. Mr. Plummer: Mr. Mayor... Mayor Suarez: And so they're going to be just a cart there and paying $300 some dollars a year occupational license. You're going to price than out of business. Mr. Plummer: And they leave a banana peel down and somebody slips on it. W, in effect, are favoring them by allowing them to exist. I got to believe... Mayor Suares: Well, for example, that's true, that's true, but it's the sois!► thing as, for example, bayside. The requirements for the stalls as oppslold"se the regular business are such Isms because the idea is to bring people is Wo business that might, otherwise, be able to afford.... Mr. Do Turret You know, Mr. Mayor, maybe what can be done is that tieM 84* eeoaates, those are not individual venders. Mr. Planners Oh, no. Mr. Ibdri;ws� Mr. De Turres OK, so you have a cart, the save looking cart as everybody else? Mr. Rodrigues: Too, mine looks better than everybody.... Mr. De Turret And that's - you own it outright and you don't have anybody that you have to give any percentages or anything like that. Mr. Rodrigues: No. Mr. De Turret My idea was that if there's guy that has like eight vendors working for him, that you get a global type of policy and you can divide up the costs that such more. but, you know... Mr. Plummer: clay, all I'm saying is, Mr. City Attorney, let me ask you a question... Mr. Fernandes: Too. Mr. Plummer: If we approve vendors on public right-of-way, has the City got a potential liability problem? Mr. Fernandes: Too, we do. Mr. Plummer: That's all I say. Mayor Suarez: I'm talking about the limit, you know, the amount of the policy. Mr. Plummer: Mr. Mayor, a million dollars today is nothing, it's nothing. You know, you... Mayor Suares: Just don't say that around the time that we set the Manager's salary, please. Mr. Pluamaer: Well, you know I'm saying in lawsuit... Mr. Fernandes: Mr. Plummer... Mr. Plummer: ... not is he's going to sue us, that's a different story. Mr. Fernandez: ... can we coma back to you with a proposed ordinance meadilg the existing ordinance to reflect some insurance requirement that alter we research and look what the market can support, it would be reasonable... Mr. Plummer: No, no, no. No, no, no, no. I will not accept what the market could support. Mayor Suarez: Yes, don't get into that, just whatever... Mr. Plummer: I want to protect the taxpayers of this community. Mayor Suarez: Whatever's a fair and reasonable and safe... Mr. Plummer: I have to go on record saying that if that's what's fair for the sidewalk cafe, that's what's fair for the vendors who are using the sm& public sight -of -way. Mr. Fernandes: We'll prepare an ordinance. Mr. PImer: Stop and think, sir, beside an occupational Flees*, ubsb far Vft actually contribute to the City of Mimi? Mayor duares: gals• tax, percentage. Mr. Rodrigues: We also have a hotel costauraat liaeaw.04+ ' ;. Mr. !lunar: No, no, to the City of Miami, Vbsse you're edU" you to YN our st"eto • K, n a n *woe wit Oran perN011feee Of the eel Of . u L-J Mr. Plummer: I can't think of anything also either. Mr. Rodrigues: I also gave a service to the public. Mr. Plummer: No, no, no, no. Revenue, you're using our property... Mr. Dawkins: He earns a living and stay off of welfare. That's ghat be does...... Mayor guares: Too. Mr. Plummer: Well, no, no, I disagree with that, my friend. Ro's creating a hell of a lot of welfare because of businesses that have gone out of business that can't compete because they've lost the crew off the top of their business. Mr. Rodrigues: Name one. Mr. Plummw r: Oh, I could nano a lot of than. I'll show you about four florists that I know. Mayor Suarez: Dangerous question because any business that goes out of business always comes back and blames whatever competitions around for... Mr. Rodrigues: Can I may one more thing? Mayor Suarez: In any avant - no, we have a nation and we're not going to get Into liability insurance today I don't think because it requires a change in the whole City ordinance. So you're going to have plenty of opportunity to argue that particular point. Mr. Rodrigues: Can I say one more thins concerning the demonstration block? Mayor Suarez: At your ova risk. Mr. Rodrigues: Right now, We finished and there's about five vendors with plenty of space that are selling right now. ------------------------------------------------------- MOTE FOR THE RECORD: At this point, the City Commission momentarily interrupts the discussion of this atom to recogti% the presence of Sergio Pereira, former City and County Manager. ------------------------------------------------------- Mr. Andolina: Excuse me, I'd like to refute whav the gentleman just said. Mayor Suarez: Well, we're ready to move on this ordinance and, you know, issues of liability can be resolved later on. The demonstration project - I don't think this Commission'a going to want to do anything other than prohibit It there. Unless anybody wants to... We have a motion, do we have a second? Mr. Dawkins: Second. Mr. Plummer: Mr. Mayor...3 Mayor Suarez: You, Commissioner... Mr. 1'iummert ... just 07 negative vote OR the mottos will be because el fact that I feel by granting anything to the vea"re at this ttms. tKt 4t x Stability issuresea, creates a tramssdws liability Est the Cite **,I voting negative on the motion. I've made m®self clear. Mayor Duares: OK, but va l re restricting mare than what the, go" allowing. • Mr. be Tlurres Aren't we prohibiting? Aroa4t tfwV , ` 4 �2 a ya r .in- Mr. Plumbers You're prohibiting, but once again, what you're doing is yam're giving another thing to, I hate to use the word legitimatize the vendors, to exist on City streets and now that I, the fool, have brought up the question of liability between now and when this City does something, somebody files a lawsuit, we're going to be in a hall of a fix. So I wouldn't Mast to do anything for or against the vendors at this time without the liability question being resolved. Mayor Suarez: Read the ordinance. Mr. Hirai: Excuse me, Mr. Mayor, excuse M. We have a question. Commissioner Plumber, you had moved it subject to that proviso but now you express your plan to vote against it. Mr. Plummer: Well, my motion did not get a second I don't think. Mrs. Kennedy: Yes, it did. Mr. Plummer: It did get a second? Mrs. Kennedy: Oh, it didn't? Mr. De Yurre: Well, what we got the second was to bring it back and study it, you know, with a little bit more time. Mayor Suarez: Make it in the form of an ordinance to apply insurance liability. Mr. Plummer: However you want to do it. I made my point very clear. Mr. Odio: Maybe we can... Mayor Suarez: OK, we have - no, we have a motion and a second on the second motion. I don't think we had a second'on the first one. On Commissioner... Ms. Hirai: No, we didn't. But then, I have a second but not a mover on the second. Did you move this? Mayor Suareas It was moved. Ms. Hirais Oh, OK, good. Mr. Odio: Can I ask a question? That would apply to anybody providing service in City streets so that would include the window washers. Mr. Plummer: Oh, Mr. Manager, when you bring it back, the very question... Mayor Suarez: Yes, it's been moved and seconded. Mr. Odios My question... Mayor Suarez: And he wants it brought back and I think it's a consensus of the Commission, we'd like to consider the issue of liability insurance. Mr. Odio: That would include... Mrs. Kennedy: OK, let me just ask something, how will this affect the window washers? W2 Mr. Odios Well, that's my... I doves it would affect anyone Ve"S um services in City streets. Mr. ternandsss It wouldn't affect thm at all because vindew varhara an licensed, they don't have say ocaugattonal Heenan, they're not at OU,' legitimate. Mr. Ulm Shen they cannot be on the street. : Mr. Msr•sadasl Melt, they're sot aellis; asythi" Otther. 0400 # &&"a altosetµsr that you soy deal with aWratoly.f. 4wen�f — ag: �sjt �3 Mayor 8uarezt But, Mr. Manager, we're clear that they can be arrested became, they're out there plying their trade Without a license, we're clear as that. There's no doubt about it. Mr. Plummer: What trade? Mr. Odiot But this would reinforce - i guess this Mould reinforce - we arrest thew in the morning and they're back there in the afternoon. At least... Mayor Suarezt Do you think legally this might ... Ohhhhh, I didn't think of that. They don't charge, they do it free and ask for a tip. Mr. Fernandest That's right. Mr. Plummer: Yee, the hell you say. Mr. Fernandes: So it's not a trade. Mr. Plummert Yes, let me tell you something... Mrs. Kennedy: They can really intimidate you if you don't tip them. Mr. Plummer: ... if you think you went there with a dirty windshield to begin with and you don't have a quarter in your hand... Mrs. Kennedy: That's right... Mr. Plummsr: ... try to see out of your window after you drive away. Mayor Suarez: OK, anyhow, we have a motion and a second on this particular ordinance. We're going to got to window washers, we have that on the agenda. Please, please read the ordinance. Call the roll. AN ORDINANCE EMTITLED- AN EMERGENCY ORDINANCE AMENDING CHAPTER 39, ARTICLE II, SECTIONS 39-11 AND 39-17 OF THE CODE OF THE CITY OF MIAMI BY PLACING FURTHER RESTRICTIONS AND RSQUIREMENTS ON STREET VENDING WITHIN Rs8?RICTSD VENDING DISTRICTS; PROVIDING DEFINITIONS= AND PROHIBITING VENDING FOR A ONE TEAR PERIOD ON THE FLAGLSR DEMONSTRATION BLOCK (NORTH AND SOUTH SIDES OF FLAGLER STREET BETWEEN MIAMI AVENUE AND EAST FIRST AVENUE . ) 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 Victor De Yurre Commissioner tiller J. Dawkins Vice Mayor Rosario Kennedy ..Jy Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. A38EMTt None. Wbsreupon the Commission on motion of Commissioner Be Tarr* sed oeoap�"3 by Commissioner Dawkins, adopted said ordinance by the toiloaieg rote! ATE8t Commissioner Victor be Turre k_- Commissioner Miller J. Dawkins b= Vise Mayor Rosario Kennedy Mayor Envier L. 8uarss M�=t Consissioner J. L. llumar{ Jr. u:l .y S` riF tkT V10 City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Cossmissiou and to the public. CAdRNTS MADE DURING ROLL CALL: Mrs. Ronnedy: I'n going to vote you even though I agree with Commissioner Plummer but this will put some teeth into than so my vote will be in the affirmative. Mr. Plummer: Is this an emergency ordinance? No. Hirait Teo, sir, it is an emergency ordinance. Mr. Plummier: What is the reason for the emergency? Mr. Andolina: The emergency is because the demonstration block is going to be opened in October and we don't feel that it would be safe to accommodate vending on that block in light of all the new furnishings, etc. that we're putting on the street. Mayor Suarez: Potential liability is... Ms. Hirai: No, no, no. OK. COMMENTS MADE FOLLOWING ROLL CALLe Mr. Plummer: Let me just, for the record, Mr. City Attorney... Mr. Fornandez: Too. Mr. Plummer: ... when you bring this matter back, I would want that same provision to be applied to all people that are doing business on City streets whether it's a vendor of a hot dog or flowers... Mr. Fernandez: Right. Mr. Plummer: ... or anywhere that the City could have a potential liability problem. Mr. Fornandez: It's clear. Mr. Odio: Mr. Plummer... Mr. Mayor, to put this on the record, the question has been asked and I want to put it - whether we can pass an emergency ordinance, if it was advertised as a first reading ordinance? Because I don't want this contested. Can we do that without proper advertising? Mr. Fernandez: Ten, we can. 31. FIRST READING ORDINANCE: amend Ord. 8719 - implement amended Trust and Agency Fund; Community Development Block Grant Twelfth Year - allocate additional sum of $1,625,150 in connection with Citywide single family housing rehabilitation project and Citywide multifamily rental rehabilitation Brant loverasins subsidy orolact. Mayor Suares: Item 39. Mr. Jorge Fornandez: Thirty-nine. Has it been moved, Madan City Clorht Mr. Pluswsr: No. Mayor Saaros: no, no, no. Just getting to it. Mr. Forwab"51 Oh. NWV Seems Olt• We is aw Mot d'a+obw for 0 the cm "at". III g"As a "tun all► it. _ f w�z 1] i Mr. Oawkinss More it. Mayor Stares: Moved. Seoowded. Any discussion? Mr. Plummer: What is the amount of administrative cost? Mr. Prank Castansda: Nothing, Commissioner. What we're doing bore, this is stoner really that has been collected by the housing department in their revolving loan funds of the single and multi family rehab program. We an reappropriating it to be utilising those two funds, that is all. Mrs. Kannedys Bookkeeping, I move it. Mr. Pluaaer: Thank you. Mayor Suarez: Call the roll. Road the ordinance, I'm sorry, Mr. City Attorney. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE 110. $719, AS AMENDED, ADOPTED OCTOBER 26, 1977, BY APPROPRIATING FOR THE IMPLEMENTATION OF AN AMENDED TRUST AND AGENCT FUND ENTITLED: COMMUNITY DEVELOPMENT BLOCK GRANT TWELFTH (12TH) YEAR, THE ADDITIONAL SUM OF $1,625,150 AT PRESENT ALLOCATED AS PROGRAM INCOME REVENUE IN PREVIOUS TEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSN SAID AMOUNT TO BE TRANSFERRED FROM SAID REVENUE FUNDS AND ALLOCATED AS BUDGET FUNDS IN THE TWELFTH (12TH) YEAR CITYWIDE SINGLE FAMILY HOUSING REHABILITATION PROJECT TOTALLING $1,022,422 AND CITYWIDE MULTIFAMILY REEaTAL REHABILITATION GRANT liVERAOIMG SUBSIDY PROJECT TOTALLING $602,728 TO BE CARRIED OUT BY THE HOUSING CONSERVATION AND DEVELOPMENT AMCYN CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissimwr be Turre and was passed on its first reading by title by the following rots: ATESs Commissioner Victor Do Turre Commissioner Miller J. Dawkins Commissionor J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez MORS1 None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the cabers of the City Commission and to the public. VIM, s aa, C J 5s' 1 4 �+- �Ty • P' , `' +: it - �' �.> y�. '`cp' }. y. ,_• ry+' "i✓,�. `nx tk t:' $` O ,`P}fi,�. i# kr N�3L$ �4° P1 Lw k F i3#,yY9¢ 6j '0410 31. A. Brief discussion and withdrawal of the first reading ordinance increasing appropriation to the North District and South District Police Substation projects. S. WRIGHT, RODRIMMZ, SCHINDI.ER, ARCHITECTS, P.A. - increase contract amount - professional services retarding development of North District Police Substation. ------------------------------------------------------------------------------ Mayor Suarez: Item 40, north district police substation, first reading of the ordinance. Mr. Plummer: Mr. Manager, I would ask that item 41 be taken up before. Mr. Odio: Teo, go ahead. Mr. Plummer: Forty-one, you're going to have a man who told us yesterday at budget which Comrmissioner Dawkins and I have been saying for a long time. This project, according to a professional appraiser, could have come in at 3.9 rather than the 4.4. Had it came in at the 3.9 as he will tell you, I assume as he told us yesterday, we would not be in here asking for additional monies as they are asking for here today. So I would like to hear from, I think his name was Mr. Wright. Mr. Manager. Mr. Odio: Yes, sir. Mr. Plummmer: Was the gentleman's name Mr. Wright? Mr. Odio: Right, he was here, I saw him. UNIDENTIFIED SPEAKER: He was here earlier, yes. Mr. Odlo: I saw him earlier this morning. He should, maybe... Mr. Plummer: Based on his testimony of yesterday, this City has been had for at least a half a million dollars. Mr. Odio: Wall, he said we haven't been had yet. He said... Mr. Plummer: Wall... Mr. Odio: ... he can still get some... Mr. Plummer: Yes, but, of course, we've been had to the extent we've signed a contract. That's - here he is, here. Mr. Ed Wright: My name is Ed Wright of Wright Rodriguez & Schindler, architects. We were hired by the City of Miami to do the value engineering on the north district police substation. Mr. Plummer: Well, I would like for you to repeat what you told us yesterday that it should have come in at 3.9 rather than the so called negotiated down to the 4.4. Mr. Wright, Well, we had an independent estimate done of the project after we had made the revisions and our estimator, who does this on a daily basis sad has a firs, gives very accurate estimates, gave us a price for t1w construction of the building and loan and not including the furniture aid equipment and things of that sort, at 3.9 million dollars. Mayor Suares: As opposed to the figure of... Mr. tlummsre Your point four. Mr. Wright: no, no, excuse W? OK, ghat... 0 • Mr. Odior We're not getting the same brildillg. Mr. Plummert It's issateriai. Mr. Wrightt Originally, the station was estimated by the contractor, previous contractor, at S.3 million dollars. We were asked... Mayor Suarest No, but now were down to a comparison between 4.4 and your statement of 3.9. What specific items do you think they misestimeted? Mr. Odiot Excuse me, maybe I can clarify it - when the original bid came it, came in at fiva three, and up there in my conference room we negotiated them down to four four. Mayor Suarest Might. Mr. Plummer: No. But whoa... Mr. Odiot Yes, yes. Mr. Plusmert Here's what you're missing. You know, you are actually putting the cart in front of the horse. All right? This sun, if I am understanding correct, and you correct me if I'm wrong... Mr. Odiot Now he... Mr. Plummar: ... on the given set of plans of which were bid, you're saying that according to your estimator, that it was 3.9 million was a legitimate cost. Mayor Suarez: OK, what is the items... Mr. Plummer: Can I get an answer? Mayor Suarez: Yes and in conjunction with that, what are the items that you're saying could have boon done for less than the 4.4? Mr. Wright: OK, first a clarification for Commissioner Plummer's statement. Mr. Plummer: Us. Mr. Wright: The clarification is that they negotiated with contractor os a set of plans before I could execute my work. Mr. Plummer: Ok. Mr. Wrightt After executing my work which included removal of the underground parking, changing of the structural systems, removing of all the electrical and mechanical in connection with the underground parking, about ten or fifteen other items within the building, we gave that old set of plans that they negotiated with, we gave our new set of plans to the estimator and said, look, tell us how much we are saving by these changes. He said the savings is 1.4 million dollars. Mayor Suarez: Bringing it down to 3.9 at that point. Mr. Plummer: That's right. Mr. Wrights One point four brings it dorm to 3.9. Mr. Plummer: That's right, exactly.la ' Mayor luaress OK, so... r,s Mr. Plussers In other worts, on the given Mt of plane, tb+at' been built aid Within budget. Mr. Ytighti MO.... Mr. Vaa wit P emu, wan d< Aft", Vbdati,. .. � T 3 Mr. Wright: We're operating with two sets of plans. We're operatisg with a set of plans that were not value engineered and a set of plans that we value engineered. We... Mr. Plummer: OK, you see, that' not the criteria. The criteria was $5,0OO,000 and everybody knew it. That was the criteria. What *war seta of plans you were operating with, should have reflected, not to exceed S million dollars. That's the criteria. The set of plans be damned. It doesn't mean anything. What it does mean is that this City is now going to par approximately a half a million more than it should have ever paid and as Commissioner Dawkins has said and I continue to say, there have lost the total credibility with the public who we stated emphatically it would not exceed. And what we're saying is, yes, it could have been done for 3.9. That's what we're saying, OK? We've been had for $500,O00. Don't shake your head no. If this man is stating on a set of plans he could have built it for 3.9, why wasn't it done? Lt. Joseph Longueira: Not on the bid plans, sir. Mr. Plummer: Forget about the bid plans, it means nothingl Mr. Dawkins: The bid plan, you see the thing, Joe, that you keep... Mr. Plummer: The bid plans were wrongl Mr. Dawkins: The thing that you keep - everybody keeps overlooking is that fact that it was supposed to have been done in five, regardless of what plan you used. But... Mayor Suarez: Yes, that was supposed to be an absolute constraint. Mr. Dawkina: But... Mayor Suarez: Somehow it wasn't treated that way. Mr. Dawkins: But, because the community got up in arms and come down here and wanted this thing moved, that's when we didn't wait - see, you all have the but you stand over there and you don't use them. That's when they didn't wait... Mr. Plummer: No, the attitude, the problem... Mr. Dawkins: ... they didn't wait for this gentleman's bringing his plans. You went on and negotiated during the Commission Meeting up in the Manager's office with a not of plans in order you let the public push you to throw away $500,000. Mr. Plummer: Let me tell you something... Mr. Dawkina: I mean, let me rephrase that, you let the present citizens, because the citizens who weren't here are the ones who are picking up part of the tab too. Is that what happened? Mayor Suarez: Is there anything, at this point, that could be saved as far as your estimation of the work to be done? Mr. Plummer: Wall, the only thing that I think that we can do at this particular point, is to go back to the contractor and tell him that we have professional estimates at 3.9 and we want to know why he's charging this City }' 4.4. Now, it's just that simple. Mayor Rarest Nothing prevents us, after the fact even, from telling Us sad warning him so that - particularly to anticipate any farther ad om aq overruns or claims, he may have at the end. And by the way, we tbUk y4olve probably as such as a half a million dollar over, I was, we bsr'a oft ; architect that says that from his estimator. Mr. p1mmrm Wet1, I'll toll you what I thick we o>sght tw :•, I.t .4 ought, to invite the contractor here at tbo seat ret1K. 4" we to tbo sostroe"r, hy, you're *"in w tour 9060* • *= E• t• Mr. Dawkins: Tell his to bring #;he white Nan that's in this with his eeasms� there ain't no sense in his coming by himself. Mr. Plummer: Who ever. Mr. Dawkins: OK, all right. Mr. Plummer: bring the contractor here to the neat meeting and say we have a professional appraiser who has come in at 3.9 and we want to know why you're charging us 4.4. Let his explain to the public why the half a million dollar difference. Mr. Odio: Let se suggest something that we add on to the contract in the north station, $30,000 and I'll withdraw item 40 and we'll do it within that limit. Mr. Dawkins: I'll tell you what - may what now? Mr. Plummer: Hey, I - you, air, I'll vote for that right now. Mr. Odio: Commissioner Dawkins, what I mean is I'll withdraw forty and just add - I need $30,000 to pay Mr. Wright... Mr. Plummer: Move it. Mrs. Kennedy: Second. Mayor Suarez: Moved, seconded. All we need is resolution 31 or we just need modification of 40, Mr. City Attorney, to reflect the thirty thousand. Mr. Plummer: No, forty-one. Mr. Fernandez: No, they're two separate issues, 40 and 41. Mr. Plummer: He's withdrawn 40 and passing 41. Mr. Fernandez: I'm sorry. Mayor Suarez: I'm wondering, however, if we need to pass an ordinance as to the thirty? •,. Mr. Odio: you, yes you do. You need to Mend section one of ordinance sus... Mayor Suarez: And we need to modify 40 so we have $30,000 in there. 3 Mr. Odio: In other words, what you need to do is - forty said amending " section one of ordinance number 10347 adopted November 9, as amended the capital improvement appropriation and so on, so on, adding $30,000 instead... Mayor Suarez: OK, with that modification, would you move, Commissioner Plummer, item 40? Mr. Plummer: Yes, sir. Mayor Suarez: Do you want to second? Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? forty. Mr. Plummeri You're withdrawing 40. Mr. Odiot No, what we need to do... Read the ordinance as aw"11 d Mayor Iluarez: All except the $30,000 that we need for 41, ' Mr. Odios ... we seed to appropriate the $300000 is tilt OC#jA4@"* 94 *0A "1 . FIRt b=kU a1 Volt a nimts, let M Ito b"k. isy , g T.: ; yr r 40 i Mr. Odio: what we're doing is, Commissioner, in item 40, forest the 41119040 ssd the two hued red and aixty-*ine--- Mr. Dawkins: No, I'm not going to add **thine. Mr. Odio: We need... Mr. Dawkins: So I take back my second. Mr. Odio: Than we can't pay Mr. Wright. Mr. Datikinae I don't care if we don't pay nobody. I told everybody that for the north station, I Mould spend $5,000,000... Mr. Odio: OK? OK. Can't pay him. Mr. Plummer: No, you can pay his from the present monies. Mr. Odio: Well, I don't have the money. Mr. Dawkins: ... and that's all I - you got money, I mean, we got mosey somewhere. Tau don't have money in out of a - what's the total budget we're going to pass tomorrow? Mr. Odio: No, what I swan is, Con... Mr. Dawkins: What's the total budget we're going to pass tomorrow? Mayor Suares: Well, he wouldn't have any authority to spend it because we have to do it by ordinance... Mr. Dawkins: What's the total amount of money we gonna... what's the budget tomorrow? Mr. Odio: A hundred and ninety-four million. Mr. Dawkins: A hundred and ninety-four million dollars sad there's not $30,000 worth of fat no place in it. Mr. Odio: To* there is... Mr. Dawkins: OK, all right, that's all. Mr. Odio: ... I'm not saying, but I mean, why can't we do it right and pay this out of bond monies like it should be paid? Mr. Dawkins: Because I said... Mr. Plummer: All right, I'll tell you how to do it. Borrow it from the general fund to be repaid from the bond money. Mr. Odio: Fine. Mr. Plummer: Because let as tell you something, I'd like to put the guy on a percentage. I'll show you incentive. Mayor guares: You still need to pass the ordinance so we have a motion mW a second. We had vice mayor second it and any further discussion on that? Mr. De Turro: Yes. Is this money aside from the monies that we dim one of our previous meetings? M: Mr. Plusomer: We've already approved this. �s Mr. Fernandes: You - yes • Mr. be Turret We already approved It? Mr. Flumer: We approved the iaitial omtoost, Aw his *a tjw ob Mr. #0 Tw" I #t l w�►LHt t x + 4W s Mr. Plummer: Teo, thirty additional. Mr. De Turret And where is that going to come from? Mr. Plummer: Right now it's a loan from the general fund to be rspid frsm the bond i s sue . Mr. De Turre: but I thought that as it was, both stations wore above the $5.000,000. Mr. Plummer: He's withdrawing that on the premise that we can possibly still come in under the five million... Mr. Odio: We'll bring it in within the five million and but I need the $30,000 to pay Mr. Wright, so I'll find the thirty thousand. Mayor Suaraz: We voted on this subject to this, I - it's just not the formality... Mr. Fernandez: So item 40... Mayor Suarezt ... we're reconsidering. Mr. Davkinat That's right, you got to reconsider it because... Mr. Plummer: Item 40 is withdrawn. Mr. Fernandez: Withdrawn. Mr. Plummer: Forty-one is what we're voting on. The difference is that the money will be paid to Mr. Wright as the form of a loan from the general fund to be repaid by the bond issue. Mr. Fernandez: OK. Got that, Natty? Mr. Dawkins: Or by any money he might save. Mr. Plummer: You. Mr. De Turret Nov, the bond issue's not been issued then? Mr. Plummer: I like that even better. Mr. De Turret Why can't we use that money right now? Mr. Plutnmert Excuse me? Mr. De Turret Why can't we pay out of the bond isms? Mr. Plummer: He's saying there's no money there. Mr. Odio: because the monies we have are appropriated for the constructions. That's what we needed the extra one seventeen and two sixty-nine, but he tells me we can save that and we can come in within limit, so fine, we'll do it. Mayor Suarez: OK, so you only need a resolution then. We don't nead ordinance. Mr. Fernandez: That's all. t, Mayor Suarez: OK, I'll entertain a motion oa 41 then is effect. Mr. Plunmrs Mow it. Mayor #tares: Mowed. Seconded. Any discwsios? Call tb$ r UM- ,• .,C,f 4 1 C,: �O c4KtiMSe,:ud44%�[ •r�ia 10 9 The following resolution was introduced by Cosssissioner Pluawsr, who saved its adoption: RESOLUTION NO. 68-790 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT AMO M NOT TO EXCEED $30,000 FOR ARCHITECTURAL SERVICES WITH WRIGHT, RODRIGUEZ, SCHINDLER, ARCHITECTS, P.A., IN CONNECTION WITH THE DEVELOPMENT OF THE NORTH DISTRICT POLICE SUBSTATION= WITH FUNDS TO BE AVAILABLE FROM THE POLICE DEPARTMENT'S GENERAL FUND, TO BE REPAID FROM INTEREST ACCRUED FROM THE BOND SALE, CAPITAL IMPROVEMENT PROJECT ENTITLED "NORTH DISTRICT POLICE SUBSTATION", PROJECT NO. 312007. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 'Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Cosssissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Victor De Turre Comrsissioner Miller J. Dawkins ABSENT: None. 33. ACCEPT BID: FROM SOUTHEAST BANK - provision of banking services to the City - for one year period. Mayor Suarez: Forty-two. Mr. Dawkins: What is it? Mayor Suarez: What is item 42, Carlos, is this the regular banking? Mr. Carlos Garcia: Yes, sir, the regular banking account of the City. Mrs. Kennedy: What is your recc ssendation? Mr. Garcia: The selection committee recosamended to award all four bank accounts to Southeast Bank. As an additional recosssendation, if the City Coemiasion decides to split the accounts, the recommendation would be to award three accounts to Southeast and one to Sun Bank. Again, we're going with the lowest bidder according to the City Code that's required by the City Code. All these bank were prequalified as a participating in City sponsored projects, all the banks that are being recommended. Mayor Suarez: They were prequalified as doing that? Mr. Plusrser: Wait till we put som public pressure on his. . 3 Mayor Suarez: You said they were prequalified as doing that? j�f.. Mr. Garcia: Pre - yes, sir, yes, sir., Mr. Dawkins: What's the track record of flan Dank doing iM&bWo JW t j4 ,d of Mimi? Mayor snares: Test can you dive US ease eXMVI*s otter that JaWaotg" 0 ' bard scales which is certainly not the kind et Dart= 4Kt"* 0wo thiskisg about. We're tMiakift about thm being at viWoomftow, +iw z Mr. 11"Wrf Let tbea stave YO b#re eM t410 till 4004. t 04W No beet.'. F4 '-�-1 it i...... t _ _ .... _ ,.�� tiY.9ri'�+.9..�a..sl3.:.:.2 '�Y3 .,yF�i:�». �.Nifd•���+J .. Mr. Oare ia: They did participate - 0K, Sam tank - yea, they participated is the Bayside Minority Business Program... Mayor Suares: To ghat extent? Mr. Garcia: ... to the tune of $493,000. Mr. Dawkina: God bless thee. Mr. Garcia: They're also participating in the City's affordable housing program as far as providing mortgages to individual families. They're also participating in the... Mayor Suaresr Wait, are you talking about the loan pool? Mr. Garcia: As far as participating permanent financing. Mr. Dawkina: Is it the loan pool that all other banks are in? Mr. Garcia: Tea, they also participate in the... Mr. Dawkins: Well, it's - so you've got to scratch them out because everybody also is participating in that. Mr. Garcia: No, not everyone is participating. There are five banks participating in homes for South Florida. Mr. Dawkins: OK, all right, all right... Mayor Suares: OK, but wait, and I have a question on that, if I may Con issioner. That's a very nice participation except right now it's theoretical as far as I know. Mr. Garcia: OK, Sun Bank has not at this time committed to any particular project on their homes of South Florida. Mayor Suarez: Right. Mr. Dawkins: Scratch that. Mr. Garcia: The only project that they have... Mayor Suarez: I mean, you know, if .I say I'm going to participate in a loss pool and I'm going to make $5,000,000 available - or is it $4,000,000, whichever it is, one -fifth of twenty - four million it is, I guess - and yet no project has actually come up yet that I have financed, you know that money's still sitting in my account and it's still one of my... Mr. Dawkins: Goals. Mr. Garcia: Right, as far as Sun Bank, those are the only... Mayor Suarez: I don't want to may assets, it could be liabilities, I don't know, banking accounting is confusing. But anyhow, the money's still there and I haven't not really committed it to a City project and I'm not saying that Sun Bank is not otherwise qualified but that one is just not a coxrisaisg one unless they've actually put money. I know Southeast put money is the sdison Plata. I know that Barnett put money in Rio Plans here in Little Havana. Were has Sun Bank put - you mentioned roar hundred and *am thaws" dollars... i Mr. Garaias they have not at this time. They just hove ="a a participate in the program. Shay hove not pat in say mosey. recommendation is to put ail lour beak accounts with the Southeast. f4 Mr. ra*issl be what? r � Mr. fistulas The tint r+saallmsa/attoo is thet OLA ftw 0004600 iwthesat $40k. , A�; � i 4R Mw��` s.� ft: AU new.. ♦ k v `A�qy b ry F 1 1 a'.YSr.v%! Mr. De Terre: Now much money are we talking about? Mr. tlusaser: Why? Mrs. Kennedy: Why? Mr. Garcia: because they have the lowest bid overall first. Mr. Dawkins: OK, all right, what's their track record for participating with us? Mr. Garcia: They are financing the Tacolcy project in Liberty City. They have participated in Eayside minority program to the tune of $299,000. Mr. Dawkins: All right, wait a minute now, you see, but so did Sun sank... Mr. Garcia: Right. Mr. Dawkina: ... see, when you got these and all of them participate in, I mean it's no asset. Go ahead, go ahead. Mr. Garcia: Wall, all of the banks... Mr. Dawkins: Go ahead, sir, I'm sorry. I won't cut you off any more. Mr. Garcia: They also - they are participating in East Little Havana town houses to the tune of $411,000 in construction mortgages. They're also participating... Mayor Suarez: Is that already committed? Mr. Garcia: Tam, sir. According to the report that we have from hones from South Florida. They're also participating in Edison Garden rental apartments. Mayor Suares: We have our own housing agency. I would hope that we wouldn't have to rely on hoses from South Florida's... Mr. Garcia: This information I got from the housing agency. OK. They're also participating in St. John's town houses. Mr. Dawkins: What did they participate there? Mr. Garcia: Construction mortgage, $777,000. Mr. Dawkins: OK, all right... Mayor Suarez: When is that going to break ground? Does anybody know, I mean, are we anywhere near actually doing something there or is that just another one of these hypothetical commitments? You know, Mr. Manager, St. John's townhouse project? Is that St. John's Economic Development Corporation? Mr. Garcia: I believe so, yes, air. Mayor Suarez: Are we anywhere near actually building something there? How come our housing agency isn't here? You would think that with our emphasis on affordable housing and banks participating in that, that we would have sasome here from the housing agency to tell us, unless you know. Mr. Dawkins: OK now, what did Capital sank coca up with? Mr. Garcia: OK, Capital tank had the highest bid compared to the otbss,.bss1 Aed as tar as participating in City projects, they desiated saw lm4 te,fte Martin Luther King Development CcMpany, Corporation, and vblab is estl#stod tb cost $200,000. Mr. Plummer: Vhst is the ditterence betwea the high bid end the iev? Mr. !larch: It's quite substsstisl. seuthwrb Ibid V". + 0W �f Capital, Mhiab vMs LMs lil�hMha wi ll+Mi1#0�0. ��I1##- .dl� ;' stater VW elarly that w_ bwe to is with-U& xs .. - r, x U 1. Mr. Dwkinae Wall why, yea... did they... I mean, can you, I mean, I'd just like to know why would Capital Bank's charges be triple what the other people... Mr. Garcia: I couldn't answer that, Commissioner. The majority... Mr. Dawkins: You can't one... OK, no problem. Mrs. Kannedy: Well, but, Carlos, we do have somebody from Capital Bank in the audience who would like to make a presentation and answer that question. Mr. Dawkins: OK, all right, Commissioner. Mr. De Yurre: How much money are we talking about, Carlos, depositing? Mr. Garcia: Well, we're talking about is depositing all of the City's monies in those bank accounts. These fees will be paid with compensating balances. Those monies are just kept there for the use of the City, I would may we keep about a million dollars at any given time on the average. The rest of the monies are invested with other banks or in some other investments. Mr. De Turre: Well how much, you know, how much does it mean in dollars and cents to the bank that has our monies deposited there? Mr. Garcia: As I said, the average may be about a million dollars on a daily basis. Mr. De Turre: That's what they stand to gain annually, a million dollars from our account. Mr. Garcia: Pardon me? Yes, sir. A million dollars, the average would be. Mr. De Turret Yes, but overall, are you talking about a gain... Mayor Suarez: No, no, no, you're just talking about the typical deposit or average deposit. Mr. Garcia: The average amount kept at the bank will be about a million dollars, a compensating balance. The other monies are pulled immediately as soon as they are deposited. Mayor Suarez: Right, right. We understand that, be he got a little confused because it's not the amount that they gain or profit, it's just the typical balance and they can profit by not having to pay any interest on it and whatever they can do to invest the money for themselves. Mr. Garcia: The compensating balance will provide X amount of dollars to pay for these services. If those dollars are short, the City will have to make a cash payment... Mayor Suarez: Oh, I see, they also will pay some interest to try to compensate for their cost? So it might be a net wash out for us. Mr. Garcia: Yes, it surely will, yes. Mr. Peter Bernall: Mr. Mayor, Commissioners, Mr. Manager, my name is Peter Bernall, I'm a corporate vice president of Capital Bank. I want to introduce Mr. George Triay, who is our vice president for Capital Bank. I just went to say one thing, ve doesn't promise things for Liberty City. We have a braneb In Liberty City. We have a branch in Coconut Grove. We have a branch i1 Little Havana. We doesn't say that we're going to do things, we do things for the community. So Mr. Triay will address to you the now figures that we saw after the whole bit was study with our new figures. Thank you. Mr. George Triay: Thank you, good morning. We have... Mayor Suares: Bofors you make that presentation, I'm going to Let the VA" Mayor chair the Meting and I'm going to abstain from doliborstiaw at 9,0"•s* It on the basis that sW low firs, from time to tiws, ropmooftM* 04*0" ft f X ow of those banks that I've board today, eposifieally ,+ # sass representation for. W 4 • Mr. bersalls Thank you, Mr. Mayor. Mrs. Kennedyt All right, Mr. Triay. Mr. Triayt Thank you. Good morning. We have -sly name is George Triay aN I'm a vice president with... Mrs. Kennedy: Could you speak louder into the microphone, please. Mr. Triayt My name is George Triay and I'm a vice president with Capital Sank. Mr. llummert The lowest and most responsible or lowest? Mr. Triay: As Mr. Darnall had mentioned, we are actively involved in the community and as a matter of fact last night the Capital Dank went on ahead and sponsored the Greater Miami Chamber of Commerce poster which should benefit business in general in the area of Miami. And in addition to that, we've reviewed our figures in accordance to this bid. Unfortunately, we don't - when we originally did this bid, we sat down and re -reviewed it and realised that possibly the cost was high. And keep in mind that we are a minority bank and we're trying to do the best we can, at the same time maintain the necessary profits and liquidity that a bank requires. At this time we're able to adjust our bid and provide to you the services as mentioned in our bid at a total cost of $56, 755. We had - on June the 6th, 1988, we attempted to notify the members of the Commission. We sent a reformed or revised bid by messenger, I don't know if each and one of you received it, but we did do our best effort to get it to you. Thank you. Mr. Dawkins: OK. Now what's your recommendation? Mr. Garcias My recommendation is that of the selection committee to go with the lowest bid which, in this case, Southeast Dank for all four bank accounts. Mr. Dawkinst And for how long? Mr. Garcia: A three year period. Mr. Dawkins: OK, I don't think that we should tie our hands personally with three years because in three years that swans the bank has to put forth so effort to do any better than anybody else. I think we should let it go for one year and come back at it for a review at the end of the year and Des who has done the most in the community and you'll give the money to them. Mrs. Kennedy: I think that's a very logical thing to do. We have to accept the lowest bid, but I think also, like Commissioner Dawkins expressed, that three years is way too long and if you put that in the form of a motion... Mr. Dawkins: I move that we accept the finance directors recommendations for one year and we go out at the and of the year again. Mrs. Kennedy: Do we have a second? Mr. Plummer: Second. Mrs. Kennedy: OK, do we have any further discussion? Pleasa call the roll.` Qn- 40 9 The following resolution was introduced by Comsissiosar im in*, who swvod its adoption: RESOLUTION NO. e6-791 A RESOLUTION ACCEPTING THE BID OF SOUTHEAST BANK, N.A. FOR THE PROVISION OF BANKING SERVICES FOR A ONE TEAR PERIOD; SUC![ COMPENSATION FOR SERVICES TO BE PAID BY TIR CITY MAINTAINING UNINVESTED MONEYS ON DEPOSIT DURING TiR CONTRACT TERM IN AMOUNTS DERIVED FROM THE ACTUAL VOLUME OF SERVICES PERFORMED AND THE INTEREST RATE OF NEWLY ISSUEn TREASURY BILLS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTa A CONTRACT WITH SAID BANK IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE SUBMITTED BID. (Here follows body of resolution, omitted here and on file in the Office of the City Clark.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: ATES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy NOES: None. ABSTAINS: Mayor Xavier L. Suarez ABSENT: None. 34. PROVISION OF TYPESETTING, LAYOUT AND PRINTING SERVICES - ratify Manager's finding of emergency - waive competitive sealed bids - isssae purchase order to Franklin Press, Inc. Mr. Odio: We could take 52. Mr. Plummier: No. Mr. Odio: It's a public hearing at 11:45... Mrs. Kennedy: OK. Mrs. Kennedy: Emergency purchase of printing for the fiscal year 157.... Mr. Plummer: Fifty-two? Mrs. Kennedy: We already did this right, I mean, we printed it so we're just reimbursing or what is this? Mayor Suarez: What's the amergency? Mr. Plummer: What did they print? Mrs. Kennedys The financial report.' Mr. Odios This was the financial report for the City of Ulami. - k Mr. Plumsers Why didn't we do it in bowel Mr. Odios They couldn't do it... ; Mr Plum ors Mo tbov wanted as award. - .. e4 1�, Me, Mammies Volts the typonsttioa. lmovi 1 to be #me out is • printer. ti Mr. Plumser: If it was your stoney, you'd find a way to do it in-house. Me- Suares: The emergency, I'm sure is, that we're already spent the wool. Is ►.hat the emergency? Mr. Garcia: Too, sir. Mayor Suares: OK. I'll entertain a motion on it. Mrs. Kessedy: Have it. Mayor Suares: Moved. Mr. Plummer: Second. Mayor Suares: Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-792 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A A/STHS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, THE ACTION OF THE CITY MANAGER IN FINDING THE TYPESETTING, LAYOUT, AND PRINTING SERVICES FROM FRANKLIN PRESS, INC. TO BE AN EMERGENCY RESULTING IN THE WAIVER OF THE COMPETITIVE SEALED BID PROCEDURE AND TO ISSUE A PURCHASE ORDER FOR A TOTAL AMOUNT OF $20,061.001 WITH FONDS THEREFOR ALLOCATED FROM THE 1987-98 OPERATING BUDGET OF THE DEPARTMENT OF FINANCE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plusser, the resolution was passod z and adopted by the following vote: ATES: Coss<issioner Victor Ds Yurre ,. Commissioner Miller J. Dawkins Commissionsr J. L. Plumear, Jr. ¢` Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOSS: None. ABSENT: None. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:00 NOON AND RECONVENED AT 2:09 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONER DE TURRE. 35. A. Cossiend Deputy City Attorney, John Copelan on recent Award conferred r upon bin. B. City Attorney introduces now member of Law Dept. - Assistant City } Attorney, Linda Earlick, with special experience in the area of labor low. Mayor •uasess Mr. City Attorney. I know you wanted to Rise us some ftsw;;*"..�' eM of your assistant City Attorneys and their Srost suosessos. t ' �'- you mated to get bask to work. Ms. Cepelan, I think, rats' dssdfvlot biweoll. , c•`N Mr. Jorge Fernandes' Yea, we're ►ory proud and prtsi105e4i =4 gombeso s! the City Csotesiss. 'M U: is 441- 41 111 J g�y pd 1 19 Mr. Fernandez: ... to have with us serving us in the City Attorney's office, John Copelan. John, would you please step forward? And I'd like to share with you - wait till you hear what he has accomplished for us. Deputy City Attorney John Copelan received the Harrison Tweed special merit award from the American Law Institute, American Bar Association Committea on continuing professional education, at the annual meeting of the American Bar Association in Toronto, Canada, on August 9th, 1988. This award was presented by the president of the American Bar Association, Robert McCrade, to Mr. Copelan. Mr. Copelan is the first recipient from the State of Florida and also Mr. Copelan is a past chairman of the local government law section in the State of Florida. He received this award for his career contributions in creating, developing and administering forward looking programs of municipal law in Florida and for his numerous continuing legal education lectures and articles on aspects of public law. I think that the City is very well served by having someone of the caliber of Mr. Copelan who has achieved for himself and for the City national recognition and I wanted to share this with you to let you know the caliber of people that we're able to attract and keep at the City Attorney's office and I think Mr. Copelan deserves our congratulations. (Applause) Mayor Suarez: Now could you argue for us how it was proper for us to handle that out of turn and show your legal expertise in that? Mr. Plummer: Two things, Mr. Mayor, first of all... Mayor Suarez: Congratulations, John. Mr. Plummer: ... first of all, it's a hall of a way to write off a trip at City expense. Number two, how can the American Bar Association hold a convention in Canada? John Copelan, Req.: Well, I think through negotiations in international trade area, they have traded off a meeting where the... Mr. Plummer: Then they're not the American Bar Association. John Copelan: ... Canadians are coming down, I hope to Miami. But they are going to be trade offs. Mr. Plummer: Something wrong there. Mr. Fernandez: Mr. Mayor, I'd also like a... Mr. Plummer: No, no, no, no, here he goes again. Mr. Fernandez: No... Mrs. Kennedy: You'll have to wait until after the... Mayor Suarez: No, this one sounds like one that requires Commission action. Mr. Plummer: No, no, after the 8:30... Mr. Fernandez: No, this is briefly to introduce to you the new addition to the City Attorney's office, a very capable and competent attorney in the area of labor relations, Linda Garlick. (Applause) Mr. Fernandess Linda :arlick has substantial experience in the field of labor relations. She is an experienced seasoned attorney for ten years is the area of labor relations. She is a graduate of the University of Idaho College of Law and she's also a graduate of the University of Masan end Unavereity et Florida and we're privileged to bawe bet with us as a member of the GWI aid 1 think that she would do an outstanding job for the City and for Mw 3 dopartmant is the area of labor relations. Thank you. Linda. .. 1. Mayor iwross Yeioo s aboard. Tw'wo told bar the ,Mears are !tom ft . morning till 7$30 '.S., Saturdays and Sundaya instwdsd. ? W 19 • Mr. lerasudes: It's been such longer than that for her for the last few weeks. 36. DEMOLITION OF CRACK HOUSES - Nice Mayor Kennedy publicly commeado City staff members involved with this project. -------------------- ----------------------------------------- Mayor Suares: Modest Nice Mayor had a ceremonial item for the afternoon? Mrs. Kennedy: Yes, I would like to call on soma people who have really worked beyond the call of duty in expediting the process in getting rid of our crack houses. Mr. Plummor: At night? Mrs. Kennedy: Teo. Mr. Plummer: No. Mr. Odio: No. Mrs. Kennedy: Yes. He's referring to you, Pablo. Mr. Plummer: You think I'm going along with that yo-yo? No way. Mrs. Kennedy: They have really worked beyond... Mr. Plummer: He doesn't even know how to drive a bulldozer. Mrs. Kennedy: ... you only need one person to drive the bulldozer, that's OK. They have worked beyond the call of duty, they have worked until late at aight and they have been very enthusiastic in all of these process sad I'd like to call on Pablo Canton first. Mr. Plummer: Don't ask for a vote. Mrs. Kennedy: Is Hector Lisa hors? (Applause). Mrs. Kennody: Hector Lima whom I don't see but, Pablo, could you please take this to him? Edgar Soto who's broke his log trying to get in the bulldozer - It'll take his a little while to got here. Mayor Suarez: Pablo ran over Edgar's foot with the bulldozer, right? All right. Mr. Plummer: There goes another City two-thirds. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Mr. Plummer: Yea, "borracho" F!" Mrs. Konnody: Angel ♦lonso. Thank you so very such guys. (Applause)R Mr. Pablo Canton: Mr. Mayor, if we can have just a couple of minutes, w bays, our own plaque and we want.... ,r� Mayor tuares: A couple of minutes? Would you believe 15 secostds? $}Fy y:- Mr. Castgao We want to thank specifically our director, Freak CsetSffiei�s, really being so supportive of this *bole thing sae tbs goat of depastmants which really seoperated... Mt. W1tsMsss an gal xJ0908 *d the "Qa Pect+Mwte. P } 19 9 Mr. Canton: ... the rest of the other departments like building and toning, fire department, police department, everybody that worked with us and specifically we want to thank the one that drove that bulldozer, the Vice Mayor, Rosario Kennedy. Mrs. Kennedy: By the way, tomorrow we are demolishing the 100th house in the 100th day of this campaign. Me re going to have it - sash, Mr. Manager, you're on my time. Mere going to have a block party, the address is 130 N.M. 30th Street and the public, of course, is invited at 1:00 o'clock and all of my colleagues have received invitations. Nov you can may something. Mr. Odio: Now it's my time? Mrs. Kennedy: Us. Mr. Odiot He cannot do this, he didn't come through me to do this. Me's violated the charter. Mr. Cantont This is just a souvenir, Mr. Manager, just a souvenir for the Vice Mayor to have on her desk. Mr. Plummer: Let's look at his time slip. Mrs. Kennedy: No, oh how nicat Thank you. (Applause) Mrs. Kennedy: I love it, thank you. OK, move it. Mr. Plummer: May all of your plaques be used bear cans. 37. PROVISION OF FIRE, RESCUR AND_IMSPECTION aBRVICES TO PORT OF MIAMI - authorize execution of agreement with Metropolitan Dade County. Mrs. Kennedy: OK, we are on item 43. Is that correct, Madam City Clerk? Mr. Plummer: Yes. I'll move item 43 with the proviso that it be for one year to be renegotiated by the Manager after the one year time. The provisions that are herein contained provide two hundred and eighty-six thousand and any major disaster, they will pay us additional monies. I think that's fair but to do that for a 20 year term is unfair and I feel after the f irat year, as every year, as our costs go up, their contract must go up so I'll move it with that proviso. Mrs. Kennedy: OK, Commissioner Dawkins, you're.... Mr. Plummer: One year. Mr. Odio: Let me explain what Duke and I ware... Mr. Dawkins: I second. Mr. Odio: They already owe us for one year so it... Mr. Plummer: Yell, they ova us for the back year, this is only from this 010 forwards one year. Chief Colonel Duke: That would be - Colonel Duke, fire chief. That would M then for two years, I think, on your recommendation to... ;r t° Mr. Dawkins: No, that would be for one year and we collect for the year we already give them. Isn't that correct? Mr. Plumser: That would be till October 'go, let ms clarity it th" May. �x x. Chief Dukes That's tiro. That gives as a year, CamissIoner voftW# on the "M l aagwge. WU y N. v4 3 .3 Mr. Dawkins: OK, the chief, now... Mr. Plummer: You got a half a million dollars. Mr. Dawkins: Chief, I was saving something but since you're up there, I may as wall go through it now. The other day when I asked equipment that you were ordering, what did you tell me we were going to purchase? Chief Dukes light pumpers... Mr. Dawkins: Um hum. Chief Duke: ... three quints, which is an aerial pumper combination and 13 ALS vans which are rescue units a little bit smaller than the ones that we have in service now but of the same nature. Mr. Dawkins: Why are we going to use smaller ones? Chief Duke: Well, they're something that we can purchase that are not quite as sophisticated as the units that we now have on the street, a little easier for us to get. We won't be looking for the same longevity out of them that we are out of the units that we have now, the larger ALS units. They're only smaller in the cost, not so such in the size of the vehicle themselves. Mr. Dawkins: OK. Mr. Plummer: How much do they cost? Chief Duke: $76,000 per. Mr. Dawkins: That's the modified one? Chief Duke: No, air, that's the one that buy off of the - the ones that I mentioned. We're going to be using them basically as BLS units. They are ALB units advice... Mr. Dawkins: Hold it, hold it, hold it. I'm a layman, now. BSA and all of that, what does it mean? Chief Duke: OK, the program that ve have in force right now is that we respond to many of our alarms using our pumpers. The response is that When we have our pumpers on the street that such we're absolutely killing than. They're very expensive pieces of equipment and what we've done is we've used =all vans, you know, like a large Ford van to transport our ffiremen on the BLS runs, basic life support run. 4 Mr. Dawkins: OK, now, that's... Chief Duke: So, to cut down on that war and tear on our pumpers, we've used that system and we find that we can buy these AILS units, which are the advanced life support... Mr. Dawkins: And ALS, what that does mean? Chief Duke: It's an advanced life support unit... Mr. Dawkins: OK, OK. Chief Duke: ... that we can buy at a reasonable price to do the *swat tiles that We're doing now with those vans and provide the safety to the ttsMB that we need. Mr. Dawkins: And that's $76,000 sacht Chief puke: Too, sir. ft. "wkiss s Now, you can transport, .. ,. ..; Chiat DOW T"', air. IN Chief Dukes Too, sir. Mr. Dawkins And you're ordering how many of thew? Chief Dukes We plan to request that we buy 11 through the Commission. Mr. Dawkins: Thirteen? Chief Dukes Too, sir. Mr. Dawkins: All right, now, why is it that at station 12 I see a piece of equipment and I assume it's one of these units, that's Dade County lire Department? Chief Dukes Because that with the fleet that we now have, the... Mr. Dawkins With the what? Chief Duke: With the flast that we now have, the number of ap... forgive me for my sore throat... Mr. Dawkins That's all right, no problem, go ahead, sir. Chief Duke: The number of apparatus that we have now, the rescue units, are not adequate to stay on the road with the down time from accidents from normal repair, from maintenance requirements. We only have - we've got nine first line apparatus and our reserve fleet is only three at this particular time and we do not have enough to keep them on the street so we have to borrow units from Dade County. Mr. Dawkins: So, for two years you've been up here with a budget knowing that I do not have the equipment to go out and service the citizens and you come up here and tell ma that as a fire chief, you don't need nothing. Now, chief, I... Chief Duke: I'm sorry, sir? Mr. Dawkins: Chief, I as very, very angry with you. Chief Duke: I apologize for you being angry for me. Mr. Dawkins: OK, see, you should have told me, see, that you needed this and it was up to us, as Commissioners, to help you meet the needs of the citizens. Mr. Manager. Mr. Odio: Yen, sir. Mr. Dawkins: I want you, as quickly as you can, to get that piece of equipment that we need and give Dade County its piece of equipment back as rapidly as you can and as long as I'm a Commissioner, this is one vote you get what we need to provide the safety services to the citizens of the City of Miami. Mr. Odio: Yen, air. Mr. Dawkins: Now, Chief, the other thing I want to say to you is, and I hope I got a consensus of this Commission, the new police chief meat in and be found individuals behind desk and put them in the streets. It is my opiates that you are top heavy. It's my opinion, as a Commissioner. Not as a lay""* as a fireman or as a City Manager. It's my feeling that you're top heavy and you should put some of those people that you got behind dank on soots ot,thmsg vehicles and we start meaning them and then Woa't tell me about your, s"tf" -' {* out an aerial here and a so and so over there, because we don't hww "* t` mespowr. I'd like for the Manages to submit to me your Visa of pvttj4W4 s fireman is fire units end from behind the desk. 4 +� Mayor Suaress Has any thought been given, While we're ea that io W to �M► � f iref i#bters handle accidents so that we doom't have t. his #"" O* k F: out there, amen the accident has happeaedt Mr. Piwmers Tim mom witia# theoif ft*%#-UN ON% r 19 Mayor Suarez: Well, they could do.... Mr. Plummer: You could change State law. Mayor Suarez: They could do a report. Mr. Manager? Mr. Plummer: No, the problem that you have, Mr. Mayor, I can tell you the problem. Beside the state law is usually the emergency vehicle is out there and leaves and transports the patient and the accident is written up afterwards. Now let me give you, what you're saying, let me give you an example. State of California does not even write accident reports. OK? Mayor Suarez: I'm really not thinking of the accident report per se. I'm thinking of handling the accident and directing traffic, and otherwise attending to the situation at hand, which is where we spend, I see three and four police officers handling that in some cases. It seems to me firefighters would be ideal for that. Mr. Plummer: You have 36 policemen dedicated to accident AIU at this present time. Mayor Suaraz: That unit, we've got to figure out a better use for it. If we need a change in state law, Mr. Manager, I hope that you propose one and we'll take it to the legislature, something to get those police officers who are handling accidents after they've happened. It doesn't make any sense. There may be some infractions in connection with the accident and in some situations I suppose you might need the involvement of a police officer to write up the.... Mr. Odio: In the workshops we talked about increasing, I was ordered to increase the number of public service aides up to 100. Maybe those could come in and take care of that part. Mayor Suarez: Anything is better than having a full fledged police officer out there taking care of an accident. I mean, that's.... Mr. Odio: Yes. Mr. Plummer: Mr. Manager, I'd also like to know, and I don't know what the requirement is, I think we're one of the few cities in the state of Florida that we have special investigators for accidents. That, in relation to fatalities, but I don't know if we're required to do that. I think we need to look into that. Commissioner Dawkins. Mayor Suarez: And typically, by the way, as long as you mentioned special Investigators, they cannot be qualified in court to testify particularly well, because they're really not experts in the field. Mr. Plummer: What does Sweetwater do and West Miami? Let me just caution you. This is something I've harped on and I'm going to continue to harp on because I know the business well. Mr. Dawkins: What business? The funeral business? Mr. Plummer: No, the ambulance business, and that's what you're looking at. If the Fire Department.... not a chaser, I was in the front. I am very much opposed to the Miami Fire Department or any Fire Department taking over the ambulance business, especially when it is the responsibility of Metropolitan Dade County to provide ambulance service. I have a tramandous problem with that. What it is in fact doing is tying up our rescues unbelievable in transporting rather than going to the scene and addressing the problem at hand. They got some state laws passed and if you put a needle in tbem, you got to transport them. Maybe that's a state law. but w 're not adhsrift strictly to that provision. I'■ saying to you that the time that a reaeaw U tied up in transporting is time that is forcing us to go beyesd alas v*ormw and we're up now to thirteen. We lost two rescues yesterday? Chief nuke: I don't know what you're speaking to. W have siN *&It*, a firat line rescue units. Mr. llUmmprj OK, well you lost two ye.tas'd1Y is 701090 04 18000, oas on tho !tb Mtroot bridgo. <.,k r Is 0 Chief Dukes All through accidents. Mr. Plnsners And you lost one at 70th Avenue and S.W. S Street. Chief Duke: We just got them back on line. We'd already turned two of Dade County's units back.... Mr. Plummer: You lost two yesterday, OK? Chief Duke: I think we still have another spare. Mr. Plummer: The only thing I'm saying to you, it is the responsibility of Metropolitan Dade County. I try to work a deal where if we did in fact transport thew, Metropolitan Dade County would pay us in the save way they're obligated to pay private ambulances concerns and they would not go for it. I'm saying once again, we need those rescues for the front lines to treat accident victims at the accidents. When you put thew into transport, I'm going to tell you eventually, thirteen would not be enough. I'm going to be opposed to going into thirteen rescue vehicles, which is eventually only leading us into the ambulance business, which this City is going to have to pick up 100 percent of the tab. Just putting that on the record now before it happens. Chief Duke: With the increase in rescue runs that we've got, we're going to eventually in the next year or two, have to move into more rescue units, as it stands. Mr. Plummer: Chief, you've got to take and you've got to what I have said for years. I think you will readily admit that 60 percent of your runs are needless. Chief Duke: I won't give you 60 percent. Mr. Plummer: Fifty. Chief Duke: We certainly have a number of runs that.... Mr. Plummer: Fifty percent of your runs are not necessary. Chief Dukes ...they prove to be less important than the call would indicate when we get there. Mr. Plummers A lot of times, they're cancelled before they ever get there. What I'm saying is there has got to be a screening process in which we can knock down the number of those runs. Chief Duke: We do that now. Mr. Plummer: Well, if you're still at the 50 percent level, you've only cove up 10 percent. Chief Duke: Almost 4,000 runs a year are screened out that we actually send private ambulances to now. Randall Bastern and Medicare because we don't have the staff, the number of rescues to provide that service. Mr. Plummer: Let we tell you what happens, Chief, just so you know. OK! Because I listen to both radios. I listen to the radio of the Polies Departasnt and I listen to the radio of the Fire Department. Mr. Dawkins: That's all you got to do. Mr. Plus rs Now they ask what is the reason of the injury of the psrom oa the strut. And 99 percent it's cardiac arrest. They dea't kmw ts7a Aft b"so cot what the bell it is, but it's cardiac arrest because you'll respond to that. Chief Dukes That's the Police Depsrtwast. s.I V�.; Mr. Pluwaerl TOO- Chief Duker We're doing as many things as we can to cut down on the number of runs or responses we have, because the number of responses are keeping us on the street so such that we don't have time to do some of the other functions that we need to do. Mr. Plus rr I agree. Mr. Dawkins: Chief, the only thing I'm going to say to you is get me same units to be out there to make this decision. Do not come up here telling ale about a decision and you don't have any units to make this decision. Chief Duke: That's why I'm trying to buy then now, Commissioner. Mr. Dawkins: No, no, no, we're not going to try. OK? With me -I don't know about the rest of the Commission- that's a priority. Mr. Plummer: See, let ma tell you the difference just so you'll know. If they buy what they call a squad truck, and they're running how many squad trucks now? Chief Duke: We've got three. Mr. Plummer: You got three. If they buy a squad truck which has every piece of life giving equipment on it that a rescue truck has, you're paying about sixteen, eighteen thousand dollars. Mr. Dawkins: What, less or more? Mr. Plummer: No, no total. Mr. Dawkina: Total what? Mr. Plummer: For a squad truck. Now the difference is when they go to a rescue truck, they're up to $76,000. That's the difference. As I right or wrong? Chief Duke: That's not exactly correct. Mr. Dawkins: I am not arguing the price of the unit. I'm not saying get me a unit to respond. If it is sixteen, eighteen, or seventy-six thousand dollars. As a fireman and a professional, that's your job. Chief Duke: That's what we're attempting to do as we speak. Mr. Dawkins: As an elected official, it's my job to see that we got the equipment that most the needs. So you decide whether you want the 15, the 16, or the 76,000. That's not my job. Mr. Odio: I'll take it. Mr. Dawkins: Well, see, you're not the fire chief either. Now if you're going to be the fire chief, put him over here and you go over there. Mr. Odio: I'll stay. Mr. Plummer: I don't know if I like that. Mr. Dawkins: Thank you. I'm looking to you as a professional to cow bm* and tell me what you're going to do, chief. Chief Duke: I propose that I will cans before the Commission witkia tbo so" few weeks and ask that we purchase the" rescue units. ,.. Mr. Plummer: Those rescue trucks are up to $76,000 and the only diftoroae between that and a fully equipped van is that they can transport in a i ti., Mr. 8arkUm I No, no, no, no, no, no you will be beak hero on tiro lath tell sN what you're going to do, sir. That's whoa to toll go. ." accept that. If not, I III have to ash the Vasa ... ° 5 h yQ, i:(1 Mr. bm*ites Thank you, sit. Thank you, Mr. Mayor. Mayor Maras: For item 43. Mr. Dawkinss That's what we are on now. Mayor Suares: Right. Why don't we take a motion on item 43, so we eon got that resolved. Mr. Plummer: I did, as modified. Mayor Suarez: As modified, do we have a second? Mr. Dawkins: Second. Mayor Suaress Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoptions RESOLUTION NO. 88-793 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EH'ER INTO AN AGREEMENT WITH METROPOLITAN DADS COONlT FM EKGAGENEiT OF THE CITT OF MIAMI TO PROVIDE FIRE, RESCUE AND INSPECTION SERVICES IN CONNECTION WITH THE OPERATIOM Of THE PORT OF MIAMI, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT WITH THE ADDITIONAL CONDITION OF A WORKER'S COMPENSATION INDEMMITT CLAUSE; FURTHER PROVIDING THAT THIS AGREEMENT SNAIL SUPERSEDE PRIOR INTERIM AGREEMENTS BETWEEN THE PARTIES AS AMENDED= AND DELEGATING TO THE CITY MANAGER THE ABILITY TO MODIFT THE FEE SCHEDULE BEING CHARGED FOR SUCH[ SERVICES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT. (Here follows body of resolution, osittod here and on file in the Office of the City Clark.) Upon being seconded by Commissioner Dawkins, the rosolution Van p"O" and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre 38 CHANGE OF MEETING TIME - 1:00 p.m., September 27, 1986. (Be* labels 1, 4, and 6) Mr. Fernandess Mr. Mayor, before you go on to the aoxt item, for the o" st publication for our next City Commission meeting. W deoidrd fit; ld a* 11 = s 27th, but we teed as official pronouncement that it WILL tpta at-940 0 is the morntag. '- Mr. Plu rs to move. Mr. D&vkInss Second. ' Mayor ft4rea 1 "Wed and MY "00061"? Al , 4 10 Mr. FerNaadest Excuse so, ltoo o'clock. Mr. Dawkins: Wait a sisute New, hold it. Mayor Suarez: Planning and toning. Mr. Dawkinst Two o'clock or nine o'clock? Mr. Odios Two. Mr. Dawkinst How many its" do you have? Tau see, this is how we get back" up on items, Mr. Manager. Mr. Odiot We only have planning and toning. Mr. Plummers How isany its"? Mr. Odio: Planning and zoning, I don't know. Mr. Plummer: How siany are going to be carried over from today that we don't finish? May I suggest that we start at 1:00. Mr. Odios line. Mr. Plummer: Give us an extra hour so that we can try to finish agendas. Mr. Odic: What I'■ trying to do. I hope we can maybe clarify right now, is trying not to put any regular items on the planning and zoning days. Mr. Dawkins I have no problems with that. Tau got ins. Mr. Odios All right. Mayor Suarez: One o'clock is the time. Call the roll. Mr. Dawkins: But you also have some stuff. Pardon sts, Mr. Mayor, I'll say it afterwards. Mayor Suares: Call the roll. The following motion was introduced by Commissioner Pltrmssr, Mho mowrd its adoption: MOTION NO. 88-794 THE PARAMETERS OF THE HEREINABOVE MOTION ARE CONTAINED WITHIN RESOLUTION 88-766 (see label 6). Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner !filler J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ASSZMTs Commissioner victor De Turre ' Mr. DwkuwI You also have sale bousscleaaing stow that the ; il+o fim. hwire to bo hero on,, that we can de be"re $ 40 O'clock. Those an this f - good to put on there.> 17 p n^: .. '3:. • .i.�, 't _y L�.' 4 •- P . fir. dot �€ 'D, a' a y 1 ( h u •!f0 iS! e'� 39 MIAMI ARZNA - ratify Manager's finding of emergency - authorise purchase of 30-yard container with compactor from Star Equipment Manufacturing. ------------------------------------ -------------------------------.__�� Mr. Odio: Item 44, Mr. Mayor, is to ratify action that I had to take in purchasing the one 30 cubic yard container with a compactor. Mr. Dawkins: Move it. Mayor Suarez: I'll entertain a motion on it. It's been moved. Do we have a second? Mrs. Kennedy* Second. Mr. Plummer: Under discussion, how much are they going to pay us? Mr. Odio: What do you saran, sir? Mr. Plummer: How much is the Sports Authority or the company that runs that outfit going to pay us? Mr. Ingraham: The annual contract, which I don't have with me, In approximately $39,000 a year. Mr. Plummer: $39,000 year? And how long is the contract? Mr. Ingraham: It's renewable on a yearly basis, but it's an ongoing contract. Mr. Plummer: Who's paying for the bin? Mr. Ingraham: They're paying. Mr. Plummer: The Sports Authority is paying for the bin? Mr. Dawkins: Why are they paying for something they don't own? Mr. Ingraham: It's the way we negotiated the contract. Mr. Dawkins: You see, the way you're negotiating the contract to me is not fair. You see, you're pricing me out of the competitive market for commercial accounts. Here you want to charge me rent for a container that you're going to haul garbage in and I'll never own it. And I'm going to rent it constantly from you and it's yours. Mr. Ingraham: Mr. Commissioner. Mr. Dawkins: Yes, air, go right ahead. Mr. Ingraham: The City initially outlaid the capital for the acquisition of the equipment, but over a time period... what I'm indicating to you is that we recouped that back in the cost of our receipts from the Miami Arena. Mr. Dawkins: And than that individual no longer pays rent? <M1tj Mr. Plummer: Joe, I agree with the Commissioner. I have a bin at my place of w� business. I don't pay for the bin because I don't own it. Vhat I think you sbould have done and I would suggest to you to do in the future$ is you Oos't charge him for the bin, but your rental is $43,0O0 instead of $39,00O. Toa've got the opportunity to recoup your cost. You've got to. xr�` Mr. Dawkins: Ah hum. [ f Mr. Ingraham: Tine.` Mayor Duares: Actually, a lot of tboae aeorrtrelal a the Mar be structured it for taX reaaoast but, WO Oft IX ox one? I'll sutertals a ration on it. Mr. INmers •o move. you 40t it,. y" sot It,, z .f a. • Mr. Dawkins I So moved and secoMsd. Mayor Suarest Call the roll. Mr. Odio: Four votes on this. This is an emergency item. Do we ne" four votes? Commissionor Kennedy. Mayor Suarose Wo have four Commissionors here. Mr. Dawkins: We have four Commissioners, but I don't know if you have four votes. Mr. Plummere Can you have an emergency item on a resolution? Mr. Odio: It's ratifying the purchase that I had to make and you need four fifths vote. Mr. Plummeri Ratifying a resolution? Mayor Suarest I guess it's on an emergency basis. Mr. Odios That's what I've been told by the.... Mr. Plunimsr: All right, we got four here? Mayor Suarest Tes, call the roll. Mr. Plummer: Yes, but four -fifths emergency on a resolution? It's bad enough on an ordinance. Mr. Dawkins: That's your now City Attorney. Mr. Plummer? Call the roll. The following resolution was introduced by Commissioner Dawkins, vbo moved its adoption: RESOLUTION NO. 88-793 A RESOLUTION RATIFYING, APPROVING AND COMFIRMINO, BT A 4/5TMS AFFIRMATIVE VOTE OF THE !EMBERS OF THS CITY COMMISSION, THE ACTION OF THE CITY MANAGER IN FINDING T!M PURCHASE OF ONE (1) 30 CUBIC YARD CONTAINER WITH COMPACTOR PLUS INSTALLATION OF GUARD RAILS AT THE MIAMI ARENA TO BE AN EMERGENCY AND IN AUTHORIZING THE ISSUANCE OF AN EMERGENCT PURCHASE ORDER TO STAR EQUIPMENT MANUFACTURING THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER FOR THE DEPARTMENT OF SOLID WASTE AT A TOTAL PROPOSED AMOUNT OF $10,313.401 FUNDS THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENT PROJECT NO. 353001 ACCOUNT CODE NO. 329402- � 840. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissionor Plummer, the resolutioa ws peaNA and adopted by the following vote: ATZSs Commissioner Miller J. Dawkins i Commissioner J. L. Plw r, Jr. Vice Mayor Rosario Kennedy* Mayer Xavier L. Suarez . iIOMD s Pose. � r ASMWs Commissioner Victor Ms Turco k pR� _ r .. - Iti. �'. `h � e `•#�E.:`" .b; fa �v.'4 ,, r � ' z',�s37 r iF"i?f fti 12 ��;i',� 0. = �$�A++��.�. � iy�'�.. '"'� 'ti�,':.. :•K.c.,j�r "� �:+� dG.}.�. �7n r � ��+�q b L �trr�Aga x.+1� S �g� a +• �. t t" 40 RSTHRR FAVOI.S - waive prohibition of City Code against appearance of former City employee before the City Commission within 2 years of leaving employment. ------------------------------------------------------------------ Mayor Suarezt Item 45, resolution also requiring four -fifths vote. Mr. Plummer* Oh, no, no ways Mr. Odiot This is to waive Esther Favola. Mrs. Kennedy* So move. Mr. Plummer: Mol tool Mr. Dawkins* Not tool Mrs. Kennedy* Yesl Where is Rather? Mayor Suarezt For the record, she was here all morning, and.... Mr. Odiot Knowing City Hall, she didn't show up. Mr. Plummer: Does this take a four -fifths vote? Mr. Odiot Yes. Mr. Plummer* Ah, this is why the minority rules. Mayor Suarest Mr. Manager, I have a question on these generally, so we can get off the particular individual for a second. Why do we have to take a vote each time that they have an item, Mr. City Attorney? Mr. Fernandes: Because that's the way the.... Mayor Suares: Vo've already waived her as to the application of that ordinance. Why does she have to come back again each time? Mr. Fernandes: Because that's the way the City Code reads that for every specific.... Mr. Plummer: I guess it was because, no, what it would be, in all sincerity, is that in one instance what she is representing we might not find any objection, but in the next time she represents a different client, we might find that there is a conflict. So you have that different.... Mayor Suarez: Well, we're going to have a lot of items on the agenda for certain people. Mr. Dawkins: How long before she no longer has to do that? Mr. Plummer: Two years. Mayor Suarez: Two years, that's already been fulfilled, I guess, as to hbward Gary. Mr. Dawkins* But other people have coma before us and we have not gems r through this. That's because we didn't have this City Attorney? Mr. Robert Clarke Commissioner Dawkins, you're talking now about..., Mr. Odiot I think what you're talking about, once you waive, Ow *04, coming anytime she wants. Mayor Suaress I would think it would be a waiver as to.... Mr. Odiol TWA don't bAve to tiring this bask. ' 'Y Mrs, 9408"71 T40're irisht • bes l m we d A4 It vifdh X4004 ; Of 0 Mr. Dentine: That's right. Mr. Odio: Sure, we've done, it with many people here. Mr. Dawkins: It's been done before, Commissioner Kennedy. Mrs. Kennedy: You, you, you're right. Mr. Odio: I think once you pass this, Mr. Attorney.... Mr. Plummar: Well, no, excuse ma. Mayor Suarez: I'm sure it depends on the wording of the prior resolution. Mr. Plummer: I was around for the intent and let me tell you what the intent was, and I think the intent was good. OK? The intent was that if she came back and wanted to appear before the Commission, which is some... nothing she had entirely nothing to do with at the time she vas employed by the City, that they would valve it. But if in fact, they came back as a certain Commissioner this morning made comment that you took advantage of his former employment with the City, that they would not valve it. That vas the intent. Mayor Suarez: As to this particular one, let's call the roll and then decide what you want to do in the future, if you want to make any changes in the ordinance while they check it. We don't even have an opinion at this point. I'm sorry I even asked the question. Mr. Odio: I thought that once you waived this that they could come.... Mr. Plummer: That was not the intent. Mr. Odio: You're waiving the two year requirement. Mr. Plummer: I don't have any problem with it, but.... Mr. Fernandez: It is done separately for different issues. Mr. Odio: That's not what we have done in the past. ': = Mayor Suaraz: Would you please check the status of that and see if there is any way that we can avoid in the future, if in fact we vast to avoid it, having each time to take a vote on it. In the meastims, let's call the roil and get on to the next item. u Mr. Plummer: Geesl Do you realize that gather will never speak to me again? Ahl She only got three votes out of four) !Mayor Suarez: Call the roll. ------------------------------------- - NOTE FOR THE RECORD: Commissioner Victor De Turre entered the meeting at 207 p.m. ---------------------------------------------------------------a: t T � r :a �• FY'`.fi,o, ru.i`., j t• ';: 7 '4t y4«i'� �E8 .r+, G i A v �$.:�(F .. �( # M s'• ' 'gyp X �.]� a t,. f l � ,,�{ j y4 40 0 The following resolution was introduced by Cossmissioaer Rensedy, wbo moved its adoptions RESOLUTION 100. 66-796 A RESOLUTION WAIVING, IT A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COlM I SS I ON AFTER A DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION AGAINST THE APPEARANCE QF A FORMER CITY OFFICER, OFFICIAL OR EMPLOTIE BEFORE THE CITY COMMISSION WITHIN TWO TZARS AFTER LEAVING CITY EMPLOYMENT AS SUCH PROHIBITION APPLIES TO ESTHER FAVOLE OF ESTHER FAVOLE CONSULTING, INC., HER FIRM AND ITS AGENTS, ESTHER FAVOI.E HAVING LAST SERVED AS AN ADMINISTRATIVE OFFICER ON OCTOBER 1, 1967 AND WHO HAS ENGAGED IN PROVIDING CONSULTANT SERVICES SINCE THAT DATE AND WHO NOW SEEKS TO APPEAR AND REPRESENT CLIENTS IN MATTERS COMING BEFORE THE CITY COMMISSION FOR ITS CONSIDERATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Turro Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS DURING ROLL CALLS Mr. Dawkins: Nov, we're voting that she does or does not have to come back every meeting? Mayor Suares: Just waiving as to this issue. Later we can figure out what the legal.... Mrs. Kennedy: We're waiving this particular contract. --------------------------- 41 ACCEPT COMPLETED WORK: M. Vila and Associates, Inc. - Vynwood Highway Improvement (District H-4514). ------------------- Mayor Suaras: Item 46, while the City Attorneys get their act together. Mr. Dawkins: Move it. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawhin•. WM moved its adoption: RESOLUTION NO. 88-797 A RESOLUTION ACCEPTING THE COMPLETED PORK OF M. nLA x AND ASSOCIATES, INC. AT A TOTAL COST OF $532.420.10 ; FOR WON= HIGMWAT IMPROI►O M IN VTNP M X14MT IMP1I01►O & DISTRICT H-4514 C.I.P. PRWM NO. 34111#- An AVlI RIZIM A FINAL PAIMT OF $ 5s"S.97, (nose tolisw a body o! m"IS4408. ott K !!le is UW Otttae et the City C100.) r�.., �. JY Of 0 Upoa beisg seconded by Ceswissioner Kennedy, the resolution was aM at 04 by the following "tot ATES: Commmissioser Victor Do Yarre Corissioner Miller J. Dawkins Commissioner J. L. Plwmmser, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez VMS None. ASSENT: None. COMMENTS DURING ROLL CALL: Mr. Plusnar: What is this on? Mr. Dawkins: 46. Mrs. Kennedy: Highway improvenants. Mayor Suarea: Item 46, accepting completed work. 42 ACCEPT COMPLETED WORK: Ric -Man International, Inc. - Edgewater Highway ImprovesNnt (District H-4496) Mr. Dawkins Have 47. Mrs. Kennedy: Second. Mayor Suarez: Item 47 has bean moved and seconded. Any discussion? Call the roll. The following resolution wen introduced by Conmissioster Dawkins, vho moved its adoptions y RESOLUTION NO. 88-796 A RESOLUTION ACCEPTINGTHE COMPLETED WORK OF RIC-MAN INTERNATIONAL, INC. AT A TOTAL COST OF 01,8",792.24 r FOR EDGEWATER HIGHWAT IMPROVENEMR IN EDGEWATKR HIGMAT IMPROVEMENT DISTRICT H-4496 C.I.P. PROJECT NO. 141096 AND AUTHORIZING A FINAL PAYMENT OF $109,067.84. (Here follows body of resolution, emitted Mere and on file in the Office of the City Clark.) Upon being seconded by Commissioner Kennedy, the resolution vas passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Pluseer, Jr. `- Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez MORES !tone. ABSENT s Mou • �4J H^�T d 43 CONFIRM ORDERING RESOLUTION (R-87-797)t construction of North Flaglet Sanitary Sewer Improvsasst (District ER-SSOO-C - Cesterline Sever) - authorize City Clerk to advertise for sealed bids. Mr. Dawkins: Move 46. Mayor Suarez? Item 46 has been saved. Mrs. Kennedyt Second 48. Mayor Suarest Seconded. Any discussion? Call the roll OR 48. The following resolution was introduced by Comissioner Dawkins, who atavod its adoptions RESOLUTION NO. SA-799 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 67-767 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF NORTH FLAGLER SANITARY SEVER IMPROVEMENT IN NORTH FIAGLER SANITARY SEWER IMPROVEMENT DISTRICT SR-5500-C (CENTERLINE SEVER). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution vas passed and adopted by the following votes AYESs Cosmmissioner Victor De Yurre Cosssissioner Miller J. Dawkins Commiasioner J. L. Plummer, Jr. xyl Vice Mayor Rosario Kennedy Mayor Xavier L. Snares MOSS: None. y ABSENTS None. 4i CONFIRM ORDERING RESOLUTION (R-68-622)s construction of MW 36 Street Sanitary Improvement (District SR-5549-C - Centerline Sever) - authorise City Clerk to advertise for sealed bids. Mayor Suarezt Iten 49. Mr. Dawkins: Move 49. Mayor Suaress Moved. .s Mrs. Kennedy what is 491 Mayor fmaress Second anybody? Iles. Keassdy s fsaoad . Mayer Rmsrsas hsood". �luy 1000001GR -JrAll tM 4*1&4NU M: a � k S � c �di u f :?i`r. ss!"� The following resolution was introduced by Commissioner Dm*iss, Wbo moved its adoption: RESOLUTION NO. 88-900 A RESOLUTIOM CONFIRMING ORDERING RESOLUTION NO. 88-622 AND AUTRORILING THE CITY CLERK TO ADVERTISE FOR SEALED SIDS FOR THE CONSTRUCTION OF N.W. 36 STREET SANITARY BMW IMPROVEMENT IN N.M. 36 STREET SANITARY SEMER IMPROVEMENT DISTRICT SR-5549-C (CENTERLINE SEMER). (Here follow body of resolution, omitted here and on file in the Office of the City Clark.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYESt Cosmeiesionor Victor D* Yurre Commission*r Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 45 PHYSIO CONTROL CORPORATION - authorise extension of existing sole source contract for maintenance services to the Physio Control life support equipment for the Department of lire, Rescue and Inspection Services. Mayor Suares: Item 50. Mr. Plummer: What is the Psycho Control Corporation? Mayor Suarez: Physio Control Corporation. 2 Mr. Plummer: Psycho Control. Mayor Suarez: Psycho is to my.... Mr. Dawkins: They're going to psyche us to get it to pass it. Huh, J.L.? Mayor Suarez: Psycho is to my left once removed. Mr. Odiot It is a life support equipment used for the treatment of.... Mr. Plummer: Is this like puttees for policemen? Mrs. Kennedy: Life support system. Mayor Suares: This is the day for psychos and the butt*es. ' Mr. Odio: No, it is equipment that to mood for lit*....,z:i° Mr. Plummer: Vhat is it? Chief Colonel Duke: Colonel Duke, lire Chief. This is tUs smse"t_to ,r 40V3 ropairs all of the defibrillators testing units that we use as tft .r00"' :.`; : This is for keeping up all of those Laney dotibriilators sod so toe , allows us.... Mrs. Kewdye Me is a solo sourse, eyat? ,6 Chief Duko s Too, mu' M. y t r 41 llr, llgswras� "tireN !A +� t�s � N f I ��;rk. OWN- WAMMOMM Is Chief Duke: In this area, yes, siT, that I'm Ware of. Mr. Plummer: OK. Mayor Suaress We have a motion snd a second. Mrs. Kennedy: Nave it. Mr. Plumaers Second. Mayor Suaress Call the roll. The following resolution was introduced by Commissioner Eeneedr. who moved its adoptions RESOLUTION NO. 88-801 A RESOLUTION AUTHORIZING THE EXTENSION OF THE EXISTING SOLE SOURCE CONTRACT WITH PHYSIO CONTROL CORPORATION, APPROVED ORIGINALLY ON RESOLUTION NO. 84-656 ON JUNE 14, 1984, FOR MAINTENANCE SERVICES TO THE PHYSIO CONTROL LIFE SUPPORT EQUIPMENT FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES FOR ONE (1) YEAR, I NWASI.E ANNUALLY AT A TOTAL PROPOSED COST OF $27,660.00; ALLOCATING FUNDS THEREFOR FROM THE GENERAL FUND BUDGET CODES 280501-670, ($15,000.00) 280201-670, ($6,454.00) AND TELEPHONE FRANCHISE BUDGET CODE PROJECT 105000 280-502-670 ($6,206.00)i AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, AND THEREAFTER TO RENEW THIS CONTRACT ANNUALLY SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follow body of resolution, witted here and on file in the Office of the City Clerk.) �k. Upon being seconded by Commissioner Plummer, the resolution was passed ' and adopted by the following vote: `7 Z( ATES: ComsLasioner Victor Do Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez MOMS: None. ASSENT: None. 46 COMMUNITY DEVELOPMENT "FLOAT GRANT" LOAN - amand 14th Year Community Development Block Grant program final statement to H.U.D. - designate funds in order to provide loan to YMCA of Greater Miami. SRN' Mayor Suares: Item 51, submit the amendment to the fourteenth year CMW Grant Program final statement. Mr. Dawkins$ Nov* it. Nlgyor Suaress Moved. Kra. Kennedy 9069nd. JJpy�� ' likyor real 8"044". AKy 61#4Wust Qsatl t R � �s "A a Str . . _ rl - _ . r,..`:. +r,Li,��':a!�.� `"• � � . a�'• �r..w:'L".�w , ��'�. ��r'x,�., .-•��'�i „�a .. The following resolution was introduced by Commissioner Dawkins, WM moved its adoption+ RESOLUTION NO. 66-802 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT TO THE APPROVED FOURTEENTH (14TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), DESIGNATING FUNDS IN THE AMOUNT OF ONE MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($l,1SO,000) FOR A COMMUNITY DEVELOPMENT "FLOAT GRANT" LOAN, DURING THE 1960-1989 PROGRAM YEAR AND INCREASING REVENUES IN THE AMOUNT OF ONE PERCENT (3) PER YEAR FOR TWO (2) YEARS; ONE MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($1,150,000) PLUS INTEREST; FURTHER AUTHORIZING THE CITY MANAGER, UPON APPROVAL OF SAID AMENDMENT BY HUD, TO BRING BACK TO THE CITY COMMISSION FOR APPROVAL OF ALL CONTRACTS AND AGREEMENTS IN ORDER TO PROVIDE A LOAN TO THE YMCA OF GREATER MIAMI FOR THE REFINANCING OF DEBT INCURRED IN THE ACQUISITION OF A SITE FOR THE NEW YMCA CARVER BRANCH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner !filler J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez MOSS: None. ASSERT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: I want to caution the Manager that part of the wording is, "that If he'll bring it back to the Commission for approval,' I vote yes. COMMENTS MADE AFTER ROLL CALL: Mr. Dawkins: Mr. Castaneda, Frank, I have to commend you. You finally got one out in my neighborhood. OK? Mr. Castaneda: Well we try. Mr. Dawkins: Thank you. That's all. 47 BAYFRONT PARK REDEVELOPMENT PROJECT - defer consideration of discussion with Fuller and Sadao, PC, and Pancoast Albaisa Architects concerning minority participation. Mayor scares: What Item? Mrs. Kennedy: $3. It's Lester Paseoast beret Mr. Odio: The City Attorney is telling as wo're not quite ready on uwts, Mr. Plower: I mve that it be deterred. fA Mr. Davkias n Moosd. �'_ Mayor ftfrosn it" Si is detorr". Yow" 84'lPV48* i ... i� ,:•Y, ts� ;t;'. '�^ is _ .. ., . ``- The following notion was istroduced by Commissioner Plummer, wbo moved its adoption: A MOTION DEFERRING ITEM 53. Upon being seconded by Commissioner Dawkins, the notion was passed and adopted by the following vote: AYES: Commissioner victor De Turre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Nona. 48 USE OF BATFROMT PARK AMPHITHEATER - tentatively reserve date for use of Bayfront Park amphitheater, pursuant to request by representatives of Rx-Presos y Combatientes Politicos Cubanos - (event intended to raise monies for mental health and substance abuse services). Mayor Suares: Item 54. Mr. Plummer: What's the Manager's recommendation? Mr. Julio Hernandez Rojo: Honorable Mayor, Commissioners. Mr. Odlo: They are requesting, I believe, $15,200 of fee waiver of services. However, I have to warn you that we are by trust indenture in the bond Lawn not allowed to valve any fees of the Knight Center. So you would have to give them a grant. Mr. Plummer: Excuse me. Mr. Manager, if in fact that is the case, why is it even brought before us to give people falae hope? Mr. Odio: We didn't give them false hope. We tell them that we'll recommend this and they still have the right to.... Mr. Plummer: Did you fully explain to these people that there was no way that this City could grant relief because of the bond indenture? Mr. Odio: We always tell people that come to us that we will be recommending against this. They still may that they want to appear in front of the City Commission. Mr. Plummer: No, no, that's not the point. Telling them that you will recommend against it because it's law does not tell than that this Commission can't give them relief. They're coming here looking to us for relief and fully knowing legally we can't offer them any relief. ;s Mr. Odio: I have not met with them. Mayor gores: So we can try to resolve this. What about if the Comol"Wift felt disposed to give you a different facility like the $Wrost ; Amphitheater, which we have a certain somber of days for commmmisity "o. ..' Ms. Olga Garay -Ahern: My new is Olga Garay-Aborn and I'm on the UJMI MSSW rr` Health board. Ye met with Mr. Dias-Salart, who told us that by lows, s facility, the fee could not be valved, but that this Commission was is ""*"- right to provide a grant in an smoust tbat you all oboes to help W wriii project. The reason ve arm rogwstLng the Janes L. Rsight Cwtea iw ; we've bus fortmuto ipmough to be vo&Lng with Svp :%OW W,10MINAMAh, providLng some fros entertaimost and who is goi% to be irior It 1 Mayor !mares: OK, let me rephrase it then. Suppose the Commission is set disposed to give you any grant for the James L. Knight or only a minimal grant, but would be disposed to give you the amphitheater because that's What It is for. Wave specified and set said*, I forget how many days a year for total absolutely free community use. Mrs. Kennedy: 150 plus 30 that this Commission is authorised to give. Mr. Plummert How about the marine stadium? Mayor Suarez: Right 30 reserved for the Commission. The Marine Stadium is another facility that might be interesting to you. Ms. Garay-Ahernt We talked about this with Super-Q, and basically we're up here to plead for any kind of grant that you can give us. Of course, we'd be willing to look at the amphitheater. They were not very happy with that suggestion, mainly because the artists that they are going to be able to provide for us felt that the Knight Center was a such more appropriate facility for them to perform in. But this is something that we're coming to you - Dade County Cultural Affairs Council has already given us a $2,000 grant, and we're hare to ask for a grant and of course, we would be able to negotiate if Super-Q is willing to, and in your wisdom, you can give us the Bayfront Park Center, the amphitheater, we can try to negotiate that with the radio station. So we would be very interested in getting a grant from you at an amount that is.... Mrs. Kennedyt Olga, are the majority of your programs in the City of Miami? Me. Garay -Ahern: For the council? - yes. Mr. Plummers Is this the Ex 2506 members? No. Garay-Ahernt Yes. Mrs. Kennedy: No. What are you talking about? Ms. Garay -Ahern: The Ex Club is doing this as a charity benefit for the Miami i! Mental Health Center. Mr. Plummer: Is not the Ex Club the Ex 2506 members? Ms. Garay -Ahern: No. Mr. Hernandez Rojo: No, it is not. It is an institution of sx-political prisoners, Cuban political prisoners. Ms. Garay -Ahern: Many of whom have received services from the Miami Mental Health Center and therefore, they chose to help fund raise. Mr. Plummer: This is in January? Ms. Garay -Ahern: This is in February. Mr. Plummer: I'd like to see this deferred, Mr. Manager. Mr. De Yurre: If I may ask something, and I'll go along with the deferral. Is your concern the fact that it has to be enclosed or? No. Garay-Aherns That was the main concern of Super-Q. After we talked with your staff, we did go back to the radio station and said what would be the possibility of going to the amphitheater or going to the Miami Marina ftsdim because we realised that you were not in the position to waive the fees. Tur said that it really would be very, very much more difficult to get us top MaMs stars it we were going to do an outside concert basically became* of equipment and basically.... Mayor fuaress when is the event planned for, if I may, Olga? Ms. Garay-Aharns Me have the Jaws L. Ka►ight Costw, bseW, fiwl mo ..: X. 4 Maros Waress A" with ghmas the start S �r • Me. Garay -Ahern: We've been talking about several different stars, Rafael, and major entertainment, basically people.... Mayor Suarez: Let me respectfully suggest that you work with the Manager on a recommendation and that you tie down the star and be pretty sure where you're headed before you force this Commission to make a difficilt choice. You know, we much prefer to go to a facility that is for public purpose like that. Mrs. Kennedy: Olga, we'd like for you to meet with Ira Katz also, should this Commission agree to give you a data on Bayfront Park to check out if it is not available. I know that Ira is here, probably in my office. I'll find out. Mr. De Turret Rosario, how about Dinner Key Auditorium? Can we use that? They're working on the whole thing? That's not available in any part or fashion. Mayor Suarez: I'll say this. For myself, I have no problem with a rental waiver of the James L. Knight in whatever amount it is that we have to contribute. If the Commission wants to act on this today, I'd vote with that. Mr. Odio: Don't waive the rent. Pay the rant. Mayor Suarez: No, payment of the, what is it, wall then just for the rent. Mr. Odio: The rental is $7,200. Mr. De Turre: Isn't there a minimum of $2,200? Mr. Plummer: That's the Orange Bowl. Mr. De Turret No, no, no, no. Mr. Odio: According to what I have here it is $7,000. Mr. De Yurre: They take a minimum of or percentage of the gross. Me. Garay -Ahern: Yes, right. Mr. Odio: Or 12 percent of the gross. Ms. Garay -Ahern: If we could at least get the rental paid for, we're in a position to go back to the county. Mayor Suarez: We're trying to establish what the minimum rental is. Ms. Garay -Ahern: It is $7200. Mr. Plummer: The problem is when you go to the Knight Center or Gusman Hall.... Me. Garay -Ahern: We understand that. Mr. Plummer: ...the City doesn't get the revenue back from any food and beverage or parking. Ms. Garay-Aharn: We understand. Mr. Plummer: Sea, we can recoup something if we go to the Marine Stsdium osz_uA: somewhere like that. We can hopefully gat some of the money back. :F Mr. Plummers Do you want to send a recommsndation to the Manager to work with them to see if they can use the Marine Stadium? Mr. Plummers I would like to see the Manager work with them and car b44k at the nest meeting which is in two weeks. Mrs. Kennedys Ira Katz is here if you want to meet with him on the dote. Mr. be Turres My concern is lebrwary 19th, have you ishook" to an . `NA Ya�ism an that data? Becau" there's a lot of thiman hsrmsirimsi:rsSa�`-.aBra + � � It 9 Me. Garay -Ahern: We've Sees talking about eeveral different stars, Rafsol, and major entertainment, basically people.... Mayor Suarez: Let me respectfully suggest that you work with the Manager on a recommendation and that you tie down the star and be pretty sure where you're headed before you force this Commisaion to make a difficult choice. You know, we such prefer to go to a facility that is for public purpose like that. Mrs. Kennedy: Olga, we'd like for you to meet with Ira Katz also, should this Cown Ission agree to give you a data on Dayfront Park to check out if it is not available. I know that Ira is here, probably in my office. I'll find out. Mr. De Turret Rosario, how about Dinner Key Auditorium? Can we use that? They're working on the whole thing? That's not available in any part or fashion. Mayor Suares: I'll may this. for myself, I have no problem with a rental waiver of the James L. Knight in whatever amount it is that we have to contribute. If the Commission wants to act on this today, I'd vote with that. Mr. Odio: Don't waive the rent. Pay the rent. Mayor Suares: No, payment of the, what is it, well then just for the rent. ;] Mr. Odio: The rental is $7,200. Mr. De Turret Isn't there a minimum of $2,200? Mr. Plummer: That's the Orange Bowl. Mr. De Turret No, no, no, no. Mr. Odio: According to what I have here it is $7,000. Mr. De Turret They take a minimum of or percentage of the gross. Ms. Garay -Ahern: Yes, right. Mr. Odio: Or 12 percent of the gross. Ms. Garay -Ahern: If we could at least gat the rental paid for, We're in a position to go back to the county. Mayor Suarez: We're trying to establish what the minimum rental is. Ms. Garay -Ahern: It is $7200. Mr. Plummer: The problem is when you go to the Knight Canter or Gusssan Hall.... Ms. Garay -Ahern: We understand that. V Mr. Plummer: ...the City doesn't get the revenue back from any food and beverage or parking. Ms. Garay -Ahern: We understand. Mr. Plummer: Sea, we can recoup something if we go to the Marine Stadium or somewhere like that. We can hopefully got some of the money back. : Mr. Plummer: Do you want to send a recommendation to the Manager to work with them to see if they can use the Marino Stadium? Mr. Plu#mor: I would like to see the Manager work with them and cams bag* st the next meeting which is in two Weeks. •ty Mrs. Kennedy: Ira Katz is here if you want to most with his on t w "to. Ms. Carey-Aherat No, we have. Mrs. Kennedy Ira has the schedule of all the things happening in town on that date. Mr. Plummort Cone back at the next meeting. No. Garay-Ahorat OK, thank you. Mr. Dawkina: Let's reserve the date for then in the Sayfront Park. Mayor Suarest Janes L. Knight. Mr. Dawkinst In the event that they have to use it, somebody else is going to get it. I mean, is that the consensus? Mrs. Kennedy: If you want to sake that motion, I'll second it. Mayor Suarez: Teo, absolutely. Mr. Dawkins: I make the motion that we reserve, what is it, the 17th? Mr. Do Turret The 19th. Ms. Garay -Ahern: We're flexible on the data. Mayor Suarez: Which is the one that you would have ideally in view of the stars that you.... Ms. Garay -Ahern: Right now we have the James L. Knight Center reserved for February 19th, and once again we will work with the Manager, we were just hoping.... Mr. Dawkins: So in other words, you don't want anything but the Knight Center. Mayor Suarez: You want us to reserve just in case the Bayfroat Park amphitheater February 19th. Ms. Garay -Ahern: Just in case, right. The thing is.... Mayor Suarest Let's got a vote on that before you thank us. Call the roll oa that notion and second. The following motion was introduced by Commissioner Dawkins, who moved Its adoption: MOTION NO. 88-803 A NOTION TENTATIVELY RESERVING THE DATE OF FEBRUARY 19, 1989 FOR USE OF SAYFRONT PARK AMPHITHEATER IN CONNECTION WITH REQUEST RECEIVED FROM THE REPRESENTATIVES OF EX-PRESOS Y COMBATIENTES POLITICOS CUBANOS FOR THE PURPOSE OF RAISING MONIES FOR MENTAL HEALTH AND SUBSTANCE ABUSE SERVICE'S; FURTHER REQUESTING THE MANAGRR TO COME BACK WITH RECO!@IENDATION ON SEPTEMBER 27, 1988. Upon being seconded by Commissioner Kennedy, the motion was passed aid adopted by the following vote: ATEst Commissioner Victor be Turco Commissioner Miller J. Dawkias Commissioner J. L. 11mmor, Jr. Visa Mayor Rosario Kennedy' Mayor Xavier L. Suares kF VMS Now � ., _ , -:i .:R. '_ a u# e n 'r '- »ice fi{•w i. AMA' b 'MYA¢ �'I�N t ' } µ _ IA s_ Mayor Suarez: We've got you pretty much wired into having a shot at sisia other facility, just in case you have that one reserved and that would be at practically no cost. Ms. Garay-Ahernt OR, thank you. Mayor Suarest It looks like the Manager is already working with the rest of the crew to the exclusion of other things, in fact. ---------------------------------------------------------------- NOTE FOR THE RECORD: At this point, it was reported that no one appeared in connection with discussion on agenda items 55 and 56. These items were later taken up (see labels 66 and 67). ---------------------------------------------------------------- 49 M NSTREET FESTIVAL - approve closure of streets and sale of beer and wine. Mayor Suarez: Item 57, Sunstreat Festival Comittee. Mr. Odio: We reconis nd this on both the approval of the street closure and also the approval of a two-day permit for the sale of beer and wine. Mr. Plusmer: So saved. Mayor Suarez: Moved, seconded, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: t RESOLUTION NO. 88-804 A RESOLUTION CONCERNING THE SUNSTREET FESTIVAL TO BE COND4CTED BY THE SUNSTREET FESTIVAL COMMITTEE, INC., ON Dot 3 AND 4, 1988, PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICOI.AR TRAFFIC, ESTABLISHING A PEDESTRIAN !TALL 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 mmrTS 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 x ANY POTENTIAL LIABILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) S Upon being seconded by Coansiseioner De Turre, the resolution ram page" j Sad adopted by the following vote: ♦188: Commissioner Victor De Turre , Commissioner Miller J. Dawkins: Commissioner J. L. Plussmar, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez ,t x. YOU None. 4 NO". xWor EWtOsI T"Awo MM so E10 t Wo W Few. 4 g Me. Elsie D. Silver Plenty asses Regis Silva, 3951 N.M. Is$ street. I'm totally a volunteer and I hop in the Black community and I need additional help. We traditionally get quite a bit of help from you. This year, we have already at this point received request for housing and other kinds of programs for 150 family reunions, which means we would have at least 2,000 tourists in the town spending money, regrettably - shall I wait until they finish? Are you listening? Regrettably, we have no way of counting the dollars that come in that are Black dollars. But I reassure you that those folks who come in, they spend money. We are notoriously money spenders. I'm sure you are aware of that. What we're going to need this year in addition.... Mayor Suaretr You said 2,000 additional people that you would otherwise have? Me. Silver I said a minimum of.... Mayor Suarez: What is the typical turnout? Me. Silva: Because the Black people have been encouraged to have their family reunions at this particular time, and they've send brochures and applications and they'll be a part of the Sunstreet Festival. This is where we are going to get some new money into the corridors where the merchants are, so we know if we get some out of town visitors, people will come in and we'll have the extra dollars plus lodging, food, and other monies they would spend. Mayor Suarez: Which direction are you taking us in, Basis? What's the bottom line? Me. Silva: In addition to the in -kind, we are going to need some help. A major corporation is.... Mayor Suarez: Excuse me, can we please have quiet in the Chambers? I don't know if all of this can be resolved in one day, certainly not in the next five minutes. Mr. Dawkins: Mr. Manager, it is very impolite to Ms. Basis Silva for her to be making her presentation. Mr. Manager, it is very impolite to Ms. Silva making her presentation and you got two Commissioners tied up. Go ahead, Ms. Silva. Me. Silva: Thank you. We are very definitely in need to help the corporations bring in some big bands and some big entertainment. I'm sure you all will recognize it, but I'm not that up on it. So that is totally underwritten except for the fact that we need in addition to the amount of money that you've already allocated for the in -kind, we would need a certain amount of cash. The bottom line is in -kind and cash, $40,000. Mr. Plummer: And where do you suggest we get that money from? Me. Silva: I don't know, I guess the same parts you get all the other beautiful things you've done for us. You know I don't know a thing in the world about city government, but I know you will do what you have to do and I'm sure you will help us as much as you can. Mayor Suarez: The only thing I can think of for myself is a private contribution and I have a company in mind other than Southern Bell. No. Silva: Southern Bell I've got. He's on the board. Mayor Suarez: I know and we've gotten quite a few contributions from thew, but I do have one company in mind. I'■ thinking of Eagle Dro"s wentimg to get wore and more involved in soave of these things, and they might very well do it to the tune of the $4500. Jeffrey Watson from my staff has beea talkiawg to the principals. No. silvan Well then are you going to pursue it for me? Mr. Davkiass She said $40,000. Mayor suaress $40,000, Me. $ i ive s Are you solo$ to Purvis the Noney Dour e"I . f 4t.a�.iv3452 �. Mr. Plummer: sesie don't caws here for small time. She seeds otAsre far $4,000. She comes for the big fish. Me. Silva• OK, what are you saying to me? Mr. Plummer: Basically what we're saying is we don't have any money. That's the basic thing we're saying to you. Mayor Suarez: The silence is deafening. Don't have any money in this budgets I don't think in next year's budget either. Me. Silva• Well, we sent... Mayor Suaress Now are we doing on this festival as part of our festival policy application? Mr. Odio: We'll have it in the agenda today the $200,000 to be allocated. Mayor Suarez: Sunstreet has never been financed from that pot? Mr. Odio: I don't recall, Mr. Mayor. Mr. Plummer: I think they have. Mrs. Kennedy: Yes, they have. Mayor Suarez: I can't believe it. We have an item here and we don't even know if it is part of our... has Sunstreet received funding from the festival rotation? Ms. Essie: Yes, it diminishes over the years, and yet the cost is going up. Mr. Plummer: It diminishes 20 percent every year. Mayor Suarez: What are you down to, Semi*, this year? Me. Silva: We're down to $16,000, which we can't.... Mayor Suarez: Sixteen? Ms. Silva: Sixteen. Mr. Pluswr: Yes. Mayor Suarez: How can it be 16? It's only been one year since we've implemented it. Mr. Plummer: No, no, two years. Mayor Suarez: Two years? It started at 40? Me. Silva: It's totally inadequate. Mayor Suarez: So you've reduced it by 40 percent. Mrs. Kennedy: It's a great festival. Mr. Plunow r: Twenty percent every year. p i n Mayor Suarez: So 40 percent in two years, that would be 16, you'd be at 84. Is my math wrong? Mr. Plu immsr: It was designed to be what, live years? It was swwy to Set p" on your feet for S years. After live years, you either stood on you• ts* of you couldn't succeed.a. Mayor Suasers She should be getting $24,000 this yrar by SW 44WAstdM . Me. Silva: I was told that it would be 16. 2Wto Ow 14w i WOO a wed suss thw th". We slowly sss't do. ry S ffi It AS Mayor Suares: Unless you're at the third year, is which case it VMld ba 16, right? Mr. Odio: &*cause it was passed by Comissioner Carollo. Mrs. Kennedy: Tes, we figured that out. Mr. Plummer: Yes, it was passed. It's got to be the third year. Mrs. Kennedy: And it's really a great festival for the City. Mr. Plummser: Aren't they all? Ms. Silva: Well, I think this is one of the greatest. Mr. Plurser: I agree with you. No. Silva: It has potentials. Mayor Suares: We've been battling with this one since I was first elected. I res�mber getting all the volunteers and all that for at least... Can we work with then also to reduce those in -kind service costs? Mr. Odio: I'll work with the,. We'll have sombody work with them. Mayor Suares: Have there been any incidents in the past or has the festival been as orderly and peaceful as always? Mr. Odio: It has always been a good festival. Mayor Suarez: Does that not indicate that maybe we can reduce a little bit the manpower needs thare? Mr. Odio: I'll have to review it. I don't know what... I'll be glad to work with thest. Mayor Suarez: What's the date of the festival, assie? No. Silva: Will you work with ste on it? Unidentified Speaker: He'll work with us. No. Silva: OK, thank you. Mayor Suarez: What's the data of the festival, by the way? Ms. Silva: Decweber 3 and 4, 1986. Mayor Suarez: Don't hesitate to contact our respective offices and see bW such we can each.... No. Silva: I will. I decided not to heckle you until you heard sme. Thank you very such. Mayor Suares: Thank you, thank you, "T.• a 2 Unidentified Speaker: Mo cosiment. Mayor mares: Very eloquent today. r x f yV <: .e„ !.7ki i♦{i5�4,.fa� ?" `� �'-.t '.-�P. '',fit?", .'..'•.��ia -.,*' f- i'�w>�!"�? ,;, •j., ^"F� ---------------------------------------------.-----.------_-----.�.--�.- SO CODE ENFORCEMENT BOARD - direct City Attorney to review the Board's action against Mr. Wilfredo Curbelo. -------------------------------------- --------------------------------------- Mayor Suarez: Item 58, Mr. Curbelo. Mr. Wilfredo Curbelo: Good evening, Mr. Mayor and Mr. Commissioners. Maybe I need something help me because I don't speak very good English. Mr. Odio: (IN SPANISH: EXPLAINS TO MR. CURBELO IN SPANISH THAT IF HE SPEAKS SLOWLY HE CAN TRANSLATE). Mr. Plummer: Hold on a minute. The problem here is, are you aware what the problem is? Mr. Odio: I aw. Mr. Plummer: Where is the Building Department? Let's see if we can cut through this. Mr. Odio: The City Attorney is prepared to answer. Mr. Fernandez: Yes, I'm prepared to address this issue, Commissioner. Mr. Curbelo and the City are in court at this time. It would be the recommendation of the City Attorney that at this time we do not entertain a presentation from Mr. Curbelo, because if he's here to talk about the case in which he's taking us to court and we are in the appellate division of the circuit court, it would be inappropriate for us. Mr. Plummer: That's well and good, Mr. City Attorney, except I wonder if maybe we should even be in court. Just a minute, sir. Now, you know, I have here one side of the story which is this gentleman which is in plain English, which I can understand and I'm finding that the City of Miami accepted this man's check for $160 for waste disposal. He had two electric motors in the past. He is taxed for two individual units and yet they're now saying that he doesn't. Maybe you're right and maybe we shouldn't be in court. That's what I'm saying. Because what I see here, all the documented evidence, which was brought to me, this man is under a non -conforming use. It is well documented in the papers which I have here, and all by the way, certified. I'm wondering why are we in court. I don't see what this man has done wrong. You tell me the man has done wrong legally and I'll listen, but I know this Commission did not instigate the action to take him to court and from what I see here I don't find a basis for us to be in court. Mr. Fernandez: There is, and than again, this is a matter of discussing strategy that is actually in litigation in the public record, which is not advisable, but we do have also evidence that shows that dating back to 1983, he received a complaint regarding illegal units. A written notice was issued to him. Mayor Suarez: Mr. City Attorney, we want to know what the basic reason we are in court in the first place is. We are entitled to make that determination and be aware of it, whether it affects the strategy of the case or not. Mr. Fernandes: The Code Enforcement Board found against the Curbelos or found that they were in violation of the zoning ordinance of this City and therefore, it is his right to take an appeal from the Code Enforcement Board to the appellate division of the circuit court. It In not proper for his to take an appeal to the City Commission. Mayor Suarez: How does that square off with what Commissioner llusirsr to saying that it is a simple nonconforming use, like many others is the City. Mr. ternandess Those were fact findings that were conducted by the ftbf Enforoossat Board. I could read to you summaries of the fi"bow at tw,caft Enforesment Board asd actually what transpired tbere. It to the elms position, the departments that gave the citation that the falidlft mW 'k* Department that tart it to the Code "foreefrnt Bea" that in too V9, 6' is is violation. The Code Butorcemest fWAW against hlUe surd it to iB$ E�ar� ¢ as City Attorney to opine on the propriety of that. He has taken an appeal, which is his right to do, and we're in court defending the city's position. Mayor Suarez: I understand that it could be an issue of jurisdiction, but the Commission could also decide on a particular case if we have discretion and if you tell us we have discretion to go a whole different route. Can we not? Mr. Fernandez: but it is my opinion at this time that you do not have a discretion. You do not jurisdiction to take or to consider a decision of the Code Enforcement Board, especially when an appeal has already been filed. Mayor Suarez: Give us a little bit of logic to understand that. He's saying it's a nonconforming legal use. Right? Commissioner, I mean, the documents indicate that? Mr. Plummer: Mr. Mayor, let me just read a letter to you. From the City of Miami in 1996 signed by Richard K. Weisberg, Chief Zoning Inspector. "Mr. Curbelo, based on reports from the electrical section and the plumbing section, your property described above, contains one legal dwelling unit and one legal nonconforming dwelling unit, which is the maximum you will be permitted." That's what he's got. And now the City is taking him to court on that issue. I don't understandl Mayor Suarez: Can you at least give us a hint of why we don't go by that particular determination in that letter? Was it erroneous in some way? Mr. Fernandez: Notwithstanding the fact of what a City employee in the past might have said, regarding whichever way you may interpret that letter written by his what legal rights might invested on Curbelo, the fact still remains that the Code Enforcement Board is a creature of stature. Mayor Suarez: Based on what did it rule, so we have some idea why we're in court on this? Mr. Fernandes: It ruled on the basis that multiple dwellings when zoning does not provide for multiple dwellings. Mr. Plummer: Are they aware of the grandfather clause? Did somebody make them aware of that? Mr. Fernandez: They who? Mr. Plummer: They, the Code Enforcement Board. Mr. Fernandez: I'm sure that the Code Enforcement Board took into consideration everything that was legally presented to them by both sides, the City and the Curbelos. Mr. De Yurre: But obviously, they didn't take into consideration the fact that this has been treated as a duplex for eons because if not they wouldn't have made that decision. Mr. Plummer: Everything I have here in front of me - this one here is from Dade County Tax Department. It is certified by them. It says, "Units: two. Buildings: two. Building built in 1925." Somebody, here is a building permit issued by the City of Miami. The letter, not just from a City employee, from the Chief Zoning Inspector, I guess really what I'm questioning is what has the Code Enforcement Board done is what I'm really questioning, because this, to me is clear. Mr. Fernandez, Again, what the Code snforeement board has done is clear because it has ruled against them. They have taken into account all of this. My point to you, members of the City Cossaission, is that you are witbomt jurisdiction to entertain.... Mayor Suares: Let's try this, Mr. City Attorney. How about if we ga+►e authority to review the matter and determine whotber we ogght to psoco" OW further. Apparently that could be.... h� Mr. Plunoero He's telling us he can proceed. c:n 4fr �,a t 0 Mr. Fernandes: Yes. Mayor Suares+ Right, but at least it we leave them the discretion to do that, they way come back and say that in tact we're not proceediag any further. Mr. Fernandes: Well, in consultation, because it is in litigation, it is Arm in our department. And in consultation with the Building and teaisig Department, which in this case is our client, we would take to consider this matter further. Mayor Suares: Very good. We're going to have the Legal Department consider whether we should have been proceeding against you, Mr. Curbolo, in the first place and get back to us. Mr. Do Turret Thank you. Mayor Suarez: Does that satisfy everybody? Do you need a motion on that? Mr. Plummer: No. Mr. Fernandes: Yea, if you would make a motion, I would appreciate that. Mr. Plummer: So move. Mr. Dawkins: Second. Mayor Suares: Call the roll. The following motion was introduced by Commissioner Plummer, who moved Its adoption: NOTION NO. 67-805 A NOTION AUTHORIZING THE CITY ATTORNET TO REVIEW THE ACTION TAKEN BY THE CITY'S CODE n1101KMIT BOARD AGAINST MR. WILFREDO CURBELO, TO DETERMINE WHETHER THE CITY SHOULD PROCEED TO TAKE FURTHER STEPS IN CONNECTION WITH SAID ISSUE= FURTHER INSTRUCTING THE CITY ATTOMMY TO COME BACK BEFORE THE COMMISSION WITH A RECOMMENDATION. Upon being seconded by Conmissioner Dawkins, the motion was passed and adopted by the following vote- ATES: Commissioner Victor Do Turre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Rosario Kennedy Mayor Xavier L. Suarez iF NOES: None. ABSENT: None. ------------------------------------ MOTE FOOL THE RECORD:- At this point, no interested Party appearance was ee6di is connection with agenda items 59 and 60. Item 59 was tahea up later (arm label Q►9). ----------------------------------------------------------------{ �h V 51 PNItJWWONIC OMMITRA OF nMIDA - partially approve request for use of Bayf ront Park amphitheater in connection with benefit concert for "A Women's Place Shelter." Mayor Suarez: Item 61, the Philharmonic Orchestra of Florida. Mr. Odio: They want a total of $2,650, Mr. Mayor, for cost of City aervices and for the use of Bayfront Park Amphitheater for the benefit concert for the woman's place shelter. Mayor Suaraz: I'll entertain a notion on the use of the amphitheater and then we can get into the... Mrs. Kennedy: Move it. Mayor Suarez: Moved. Mrs. Kennedy: Please check with Ira Katz, manager of the park, to make sure the date is not taken. Mr. Manuel : Good afternoon, my name is Manuel.... Mayor Suarez: Let's do this first. Do we have a second on the motion? Mr. Dawkins: Second. Mr. Plumiss r: What is this on? Mayor Suarez: The use of the amphitheater for the Philharmonic. Mr. Plummer: What item? Mr. Dawkins: 61. Mr. Plumsr: What happened to 59 and 60? Mrs. Kennedy: They were not here. Mayor Suarez: Not present. Mr. Plummer: No show. Mayor Suaraz: Call the roll on that notion, unless you have a problem with It, Commissioner, J.L. Just as to the use of the.... Mr. Plumsr: Hold on. OK. Mayor Suarez: Call the roll. THERKUPON MOTION DULY MADE BY VICE MAYOR XZNNEDY AND UZOMM BY COMMISSIONHR DAWKINS TO GRANT USE OF THR AMPHITHEATER FOR THZ PHILHARMONIC ORCHBSTRA OF FLORIDA WAS WtAM M USLY APPROVED. Mr. Plummer: When is this? 4 sY Mr. Maauel : September 3Otb. :*�' Mayor Euares: What about... I'm srse you were going to s presentation. You want to give us your dams? rye, Mr. Manuel : That's it. Mayor ftoreas Ybat aba+t tbo la-kLed forvieoe? An use of t9*11 i it stos mold M dosaw. 2"t Mayor Suarest Now about this? On solid waste, can you post a bond for your eve group to remowe the whatever trash there may be and cleanup afterwards and if we feel you haven't done a good job, we can to against your bond. Mr. Manuel t Tea. Mayor Suarest Otherwise, OK, I'll entertain a motion on that. Mr. Plunnert So mowe. Mr. De Turre: Second. Mayor Suarest Call the roll. Mr. Plummer: What time are we supposed to be there? Mr. Manuel : 8:00 o'clock. The following notion was introduced by Commissioner Plunger, who roved its adoption* MOTION NO. 67-806 A MOTION GRANTING REQUEST RECEIVED FROM THE PRILHARMOMIC ORCHESTRA OF FLORIDA CONCERNING A BENEFIT CONCERT (TO BE CONDUCTED AT BATFRONT PARK AMPHITHEATER FOR THE BENEFIT OF "A WOMAN'S PLACE SHELTER") ON SEPTEMBER 30, 1988; FURTHER ALLOWING SAID GROUP TO t POST A BOND IN LIEU OF THE REQUIRED SOLID WASTE FEE FOR CLEANUP EXPENSES IN CONNECTION WITH SAID EVENT. Upon being seconded by Commissioner De Turre, the notion was passed aad adopted by the following vote- ATES: Commsissioner Victor De Turre Corissioner !filler J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Rosario Kennedy Mayor Xavier L. Suarez MOfiB: None. ABSENT: None. Mayor Suarez: About the only other cost, I would think, would be the police. Mr. Manuel r I have a breakdown from Ira Katz, if you would like to see it. Mr. Plummar: Isn't this the group that did for your opening? Mayor Suarez: I'm trying to breakdown the breakdown. Mr. Manual : I have $500 amphitheater rental; $450 cleanup. Mayor Suarez: We've gone through all that. What else? We have dice moatly, I'm sure. Right? Mr. Manuel : Event staff._ Mr. Odlo: Police is a thousand dollars. Mayor $uares: Event staff, vhat moat statft t Ms. adios Event staff is $150. Mayor iwresI "Nt's not a asoosm f up 4= #! the bit Ltoo loft? It's tins police. r isht? � MAp+►s �ss1 Mrp : a«ham dole! , z+�r � '_� �:� �,$�� �"�,� � �� � �', '� s� e� F wrrw.r.•► Mr. Ira Katz: That was after meeting with the Miami Police and they determined this is the budget they need to.... Mayor Suaraz: How many hours is the event? Mr. Katz: Six hours. Mayor Suarez: How many people expected? Mr. Plummer: Wait a minute. One concert is six hours? Mr. Kats: They have expensive equipment, Commissioner, they're going to be bringing in and they have to protect it, set up, and they feel.... Mr. Plummer: But you don't need the same amount of policemen to set up equipment as you do for crowd control. Mayor Suarez: They provide insurance for their own equipment. We're not responsible for that. Mr. Plummer: They want to provide private security for their own equipment. How long is the concert? Mr. Katz: The concert, I believe, I met with James Estes, it's going to be three hours, but the Miami Police have determined this is the bill that they need. Mr. Plummer: You know, Mr. Manager, we're going to have to come to a point where the Miami Police Department is not going to make that determination. Now they can make a recommendation. Mayor Suarez: A thousand dollars for one concert by the Philharmonic. I mean, it's not a rock concert, it's not... Mr. Plummer: How many policemen are they talking about? Mr. Katz: The Miami Police feels that since this is a free event, they need eight to ten police to be there. Mr. Plummer: Is it eight or ten? Mr. Katz: Ten, they feel eight police and two sergeants to be there. Mayor Suarez: Please, unless you have any objection.... Mr. Plummer: So you're talking about $100 a man. Mayor Suarez: Commissioner, unless you have any objection, Why don't we refer it back to the Manager to see if he can come up, you know, reduce that to the extent possible, and be done with it. Mr. Plummer: You're going to have to take that into your office. Mr. Odio: I think what I'm going to do... OK, I will do that. Mayor Suarez: They cannot make those determinations. That just doesn't sowd reasonable. A thousand dollars for a Philharmonic concert at Ups amphitheater. You could provide private security for a couple busdr" dollars at most. We're going to work to reduce that component and any of the Otis! smaller components. Is there anything else large in there at all? Mr. Manuel : No, just electrician $200; trash removal $150, VbJ" V4 talked about the bond. That's about it. Everything else has been prewid for free. Mayor Suares: That's the best we can do, given our fisascial coN4trd , that's the best we can do. Mr. rinmmer: fro away asd sin so more. Mayor ivareal Ira, work with then, plows•. try Mr. Rats: Tea, Mr. Mayor. Mr. Manuel : Thank you very much. 52 COMMUNITY ALLIANCE AGAINST AIDS - grant request for waiver of rent to hold benefit concert at Gunman ball, with provisos. Mayor Suarez: Item 62. Mr. Odio: They are requesting $2,305 for the use of.... Mayor Suarez: Wait. Are they here? Community Alliance Against Aids. I'm sorry, Mr. Manager. Their request. Mr. Odio: They are requesting $2,30S for the use of Gunman Nall for a benefit concert to be held Sunday, the 25th. Mayor Suarez: It has to be approved by the Off -Street Parking Board and we can make a recommendation? Mr. Odio: No. Mayor Suarez: We can do it ourselves? Mr. Plummer: No. Is there any money left in that special account? Mr. Odio: Actually, when you waive this, we have to give them a grant and they pay the rent. Mr. Plummer: No, the other way works out better, Mr. Manager. Zccuse me, that is that if they make a profit. What do you consider to be your total overhead? Unidentified Speaker No. 1: $55,000. Mr. Plummer: That is your total overhead? Unidentified Speaker No. 1: Uh huh. Mr. Plummer: What is your projected income? Unidentifiad Speaker No 1: $223,000. That is including the hall. The $55,000 is including the hall. Mr. Plummer: So it is $223,000 lose $55,000. Unidentified Speaker No 1.: Right. Mr. Plummer: You're projecting a possible income of roughly $180,000. Unidentified Speaker No. 1: Right. Mr. Plummer: OK, I'll tell you what I'll do. I'll move it subject to anything above $55,000, the City recoups its money up to 100 percent. -ft other words, we're going to make sure you don't go broke, as far as the City v= is concerned. > Mr. Dawkinso Wait a minute. Run that by me again, because I don't bear you. r. Mr. flvn rs OK, when they sake $55,000, MbiGh is their overhand.. 8" asking as for $2,300. Anything they sake over $55,000 they rwtt toJ vs , our $2, 300 first. Vaidostitiod $"&her me. 1s Wait a Minute. Moat it... i Mr. Plummer: OR. Unidentified Speaker No. is Wait a minute. Mr. Plummer: We got a lot of other people that we Sot to provide for. We're saying to you, if you don't make it, you're not going to pay us. Unidentified Speaker: If we don't make the $55,000. Mr. Plummer: If you don't make fifty-five, you don't pay us a dime. Anything you make over $55,000, you pay us back our twenty-three. And the rest of yours is profit. Mayor Suares: And if you make $S7,300, we get our $2,300. Unidentified Speaker No. It We are going to make over $55,000. Mr. Plummer: "Sweet Brown Sugar" had 25 people in the audience. Mayor Suarez: We're eliminating your risk, but not necessarily taking care of you altogether. i Mr. Plummer: We're saying, if you don't make it, you don't owe it. If you ' make it, you're going to have to pay the city, so we can sponsor other festivals. Mr. Dawkins: And if they don't make it, who pay it? Mr. Plummer: Nobody. Mr. Dawkins: What do you mean? We got to pay Off -Street Parking for building. Mr. Plummer: That's right. Mrs. Kennedy: We do it. We have to absorb it. Mr. Dawkins: But we just let Sunstreet Festival leave here with so money. You see? Mr. Plummer: No, no, no. That was not a grant of money. That was a great to them direct. This in to an inner -City agency, is what I'm saying. Mrs. Kennedy: And it's really a benefit.... Mr. Dawkins: What's the inner -City? Mr. Plummer: Inner City is Off -Street Parking. Mrs. Kennedy: But this is a benefit concert to help children with Aids, which is a great cause. Mr. Dawkins: You are not mixing apples and apples. You are mixing apples and oranges. f Unidentified Speaker No. l: What's apples and apples? What does that ammo? Mr. Dawkins: What that means is that we are not treating everybody equally.n That's what it means. Some groups came up here, pressure groups, they get i what they want. Other groups caw up here who cannot pressure us mad they don't gat nothing. That's what I mean. Is that clear? Mr. Plummer: Commissioner, Sunstreet.... '{ Mr. Dawkias: And it has nothing to do with you, please, or your gsuep. It has to do with this Cammissios. s "blues Mr. tldmrser: Let ■e argue with 07 brother.' The problsa to OW06 5 has so potential of iacow. Mr. Dooklasn My 'blues brother,* OK. Not held it. Let'M d*:4" wastseet. Let's to trsa everybody w1w eesMs betee+s W WMI#MS t 0 Mr. Plummer: That have the potential of a profit. That's the difference. Unidentified Speaker No. 1: The profit that would go... doesn't matter where the profit goes? Mr. Plummer: Sweetheart, you're asking us to donate; is what you're asking us. You're going to take credit for the money to be given to Aide, but we're making the donation. Unidentified Speaker No. 1: You're going to get credit for it. Mr. Plummer: Maybe yes, maybe no. I'm saying to you that for my vote, I'm willing to give you the grant. If you make money, you pay the City back then I can help somebody also that might not be as fortunate as you are. I'm giving you the first $55,000. If you don't make it, you don't pay it. but if you do, then you give us our money back and then we can sponsor hopefully maybe another Aids kind of a situation, maybe another different kind of situation. but that's the only way we can do it. We just can't continuously dole out money without a chance of getting it back. Unidentified Speaker No. 2: It's so difficult to obtain money for Aids in Itself, because people are so hesitant in making those donations. It is more difficult, I believe, than any other donations. Mr. Plummer: Sweetheart, Mr. Kuntz has done very well at this Commission and we've been very good to him. Unidentified Speaker No. 2: He's not with us. Mr. Plummer: OK, I understand that. I'm saying, but we have to the cause. Not to the individual, but to the cause. Unidentified Speaker No. 1: How do you want us to... you want an account...? Mr. Pl%nsmer: I can't answer.... Mayor Suarez: We haven't voted yet. That's just a motion that's on the floor. Mr. Plummer: I can't answer for my colleagues, I'm trying to make it so you don't get an absolute denial. Mr. Mayor, I'll make a motion. Mayor Suarez: Please. Mr. Plummer: I'll make the notion at this time that the $2,300 waiver be granted based on if they make anything in excess of $55,000, their claimed overhead, that the City will be reimbursed up to 100 percent out of the prof its. Mayor Suarez: So moved. Going once. Do we have a second? Do we have a second? Mr. Plummer: I tried. Mrs. Kennedy: Yes, second. Mayor Suarez: Seconded. Any discussion? Unidentified Speaker No. l: What kind of accounting...? Mayor Suarezm Wait, we haven't voted yet. Call the roll. Mr. De Turret Discussion. The $55,000, doesn't that include the $2,1001 Is the $55,000, does it include the total cost? Mr. llussisr m Yes the $2, 300 part of your $55,000? Than "Y"t" atwr $52,000... Yr. Do Turrsm $52,700. ; r� ,a-, -. Mr. Plummart Anything above $92,000 in profit, you pay back the city 100 percent. Mr. Odio: Just to put it on the record, you have instructed us in the past, anytime there is a fund raiser and the City is involved, they must cosh back and tell you where that stoney is going to go. Mr. Plummer: Oh, before they can spend any of the money, disburse any of the mwney, they got to cane back here. Mr. Odiot If they accept this grant. Mr. Plummart Oh, yes, no question about it. Mr. De Turre: What if they give us our $2,300 back. Then they can do whatever they want with it, or we still got a problem? Mr. Plummer: No, no, no, that is a separate item. Mr. Odios That's the question. If they pay you back then they won't have to account for the monies when they use it. Mr. Plummer: They still have to come back. You raise a good question. Technically, if you want sty opinion, if they pay us back the 100 percent, then they are free, at liberty not to have to come back for approval of how the money is disbursed. Mayor Suarez: We'd almost pay you $2300 not to have to tell us how the monies are spent at that point, because of the paperwork involved in all that. but anyhow, how do you want to phrase your motion? -so we can decide it. Do they have to or not have to? Mr. Plummer: If they pay the City back 100 percent, they do not have to cams back. F Mayor Suarez: OK and if they take the $2,300, then they have to explain how they are going to spend the profits, quote unquote. Mr. Plummer: Or portion thereof. The following resolution was introduced by Comsissioner Plummer, who msoved its adoptions .T� RESOLUTION NO. 88-807 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $2,300 FRAM SPECIAL PROGRAMS AND ACCOUNTS, CONTINmT FUND TO COVER THE RENTAL COSTS OF THE GUSMAN CSWZZR FOR THE PERFORMING ARTS IN CONNECTION WITH A DUO -PIANO RECITAL CALLED "IN CONCERT WITH CHILDREN WITH AIDS", TO BE CONDUCTED BY THE COMMUNITY ALLIANCE AGAINST AIDS AND THE CREO SOCIETY ON SEPTEMBER 25, 1988 TO BENEFIT CHILDREN AFFECTED WITH THIS VIRUS= FURTHRR STIPULATING THAT IN THE EVENT THAT THE ORGANIZERS SURPASS THEIR CLAIMED OVERHEAD OF $55,000, THE CITY WILL " REIMBURSED UP TO OUR HUNDRED PERCENT OUT OF THE PROPIT81 SAID ALLOCATION BEING CONDITION UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ANDMINISTRATIVE POLICY NO. APM-1-84, DATED JA11NUARY 24, 1984. (Here follows body of resolution, os►itted here and os file is the Office of the City Clark.) Upon being seconded by Conaiseloner Ilennedy, the resolution w" and adopted by the following votes a3 t h 40 ATt$: Comissioner Victor be Turre Coswissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ASSENT: None. Mayor Suarez: We covered your risk, but we're not really financing the event if you do very well, we expect our stoney back, is what it comes down to. Mr. Plummer: We're giving you some damage control is what we're giving you. Mayor Suarez: Tam, a little damage control. S3 A- Support DADE LEAGUE OF CITIES' Impact Fee Ordinance. S- Direct Administration to request the City be allowed to have equal PLANNING ORGANIZATION (MPO) alternative version to the County's from Metropolitan Dade County that representation in the METROPOLITAN Mayor Suarez: Item 63, Dade League of Cities. Mr. Odio: Is withdrawn. Mayor Suarez: Withdrawn? I see Russ there. You don't look withdrawn. Mr. Plummier: Wait. What's withdrawn? I saw Russ Marchner here. Mr. Russ Marchner: No, we didn't withdraw. Mr. Odio: I'm sorry. I had it crossed out of my agenda. Mayor Suarez: They crossed you out.; Mr. Marchner: That's nice to know. Mr. Plummer: We just don't love you anymore, Russ. Mayor Suarez: In the resolution to the Dade... I saw this issue of the County Commission passing an impact fee as an alternative to the city's being asked of the County Commission candidates. That was confusing to me '>*cause I thought we had an equal obligation with the county, even though I didn't feel compelled to vote for the particular ordinance that we passed, but it vas passed by the Commission. Why should we entertain some alternative way of doing all of this and give the county any power over this? Mr. Marchner: That's the first issue to face. I'm Russ Marchner, execute director of the Dade County League of Cities. I'm a registered lobbyist on this matter. Number one, whether the county should actually pass an Impact fee ordinance on October 4th on second reading at a public hearing is the satin issue and secondly if they do wish to pass it whether to include municipalities or not. It's the standard of the Dade League of Cities that those municipalities that wish to be excluded be allowed to do so, have their own impact fam, and wake sure that the money that is raised within tboir boundaries is spent within their boundaries on the roadways within their. boundaries. That's out position. Mr. Plumoro Lot as tell you where the problem car up. Too problem up is multiple jurisdictional problems. Such as if one City has " laK X and another City doesn't, and they start to run a road threvh from,, W9* ow Coral fables to Niri. That rood touches in both wmie ipelitLes. ist stop the road is one City limsit. They've Sot to senors WO re" 0 * eswte soplies to severe and other r+#ieoal fselliti". 'fir, A4 4 t already, &we, as yov knews has an imipast log. position, Mr. City attorney! - would be is tkis mW OJ � ; vested interest, as to whether or not the City of Miami would be advantageous to join in this or we're better off leaving it alone. Mr. Jack Rice, Jr.: Can I just sake a statement, Commissioner? Mr. Plumsmer: Puffy. Mr. Ricer First of all, my name is Jack R. Rice, Jr. and I'm counsel for the League. First of all, you know, these districts that they've set up, like the City of Miami is in two districts. This road money is going to go first to improve those areas that don't have good roads and probably located outside the City of Mimi, because of the fact that they're going to develop this unincorporated area, because that is where the most growth is going to take place. In Miami it's already grown up. The only thing they can do here is tear something down and build something else up. Secondly, it requires the City.... Mayor Suares: There is one measure of that, by the way, counselor, I've heard the figure -I don't know if it came from our Planning Department- the City of Miami to ninety some percent developed. Is that a fair... Mr. Rice: That's about right. Mayor Suarez: I don't know what it is based on, if that means there is some concrete in 96 percent of the land mass area, but anyhow. Mr. Rice: Secondly, it's going to require you to collect a fee, like it's yours, which say a single family house is going to be about $880. When people come to get a building permit from you for a house. You say, "Well, it's $880 for impact fee." They say that's your ordinance. You're collecting the county's money interest and giving it back to them. Of course, they're going to pay you a slight fee, but suppose you make a mistake, who's liable for mistakes on computation? Mayor Suarez: So you are arguing against us letting the county do it then. Mr. Rice: I'm arguing against the county not opting out municipalities. I think you ought to... Mayor Suarez: How would they help us out? Zxcept by disappearing from the face of the earth. Mr. Rice: There would be no ordinance impact fee ordinance within the City. Mr. Plummer: Jack, the question I couldn't get answered the other night. We already have our impact fee. Does this, which is proposed by the County to pass, eliminate our impact fee? Mr. Rice: On top of. Mr. Plummer: On top of it. Mr. Rice: On top of. Mayor Suarez: Double impact fee? Mr. Rice: Double impact fee. Mayor guares: N0000000000... R�. Mr. Plummar: That's the anewr I couldn't get the other night. Mayor guarez: That would be a good way to kill all the reoidowtial he%an building in the City of Mimi to have two impact... Mr. Rice: Well, I... Mr. Slm rl Kill everything. Mayor guaress Teo. 3✓t 7:: s�k , Mr. Rice: Some exceptions, I'm not saying absolutely some exception but actually it is a fee on a fee with the exception when it comas to arterial roads, your fee will not go, or should not go to arterial roads which the County's fee should go for. There might be sows connectors roads that come within the ordinance, but it would be... Mayor Suares: Oh, they're going to try to determine what items of Infrastructure are related to the County and not the City and apply an impact fee only as to those, Sergio? Wow, that's really going to be a mess. Mr. Sergio Rodriguez: Sergio Rodriguez, for the record. They are two different animals. The County impact fee deals with County impact, the impact created on County roads and the City impact fee deals with... Mayor Suarez: That's like getting beat up by two people and each one is hitting you for each side and you may it's two different animals. Both are hitting you but from each side. Mr. Rodriguez: There's an exception that is - one of the exceptions that has been created by the impact fee by the County is that an area that has been approved by a DRI, like our downtown for example, will not be subject to this impact fee. That's our interpretation. The concern that was expressed... Mayor Suarez: Which is, of course, really what we should have done with ours too but, go ahead. You ware telling us that we couldn't do that, but go ahead. Mr. Rodrigues: Well, I have my opinion over their, ordinance. The concern that was expressed by Commissioner Plummer is correct in the sense that the areas that have been established by the County under which the impact fee would be applied doesn't correspond exactly with the municipality of Miami. So. some of the money could be spent on other municipalities or it could be spent on unincorporated areas, the decision of which is not within you as a Commission to decide. It is within the... Mayor Suarez: Does that mean for the spending or for the collecting of the fees? Mr. Rodriguez: For the spending. Mayor Suarez: That there are going to be areas in the City of Mimi that are not going to be affected by the County ordinance. Mr. Rodriguez: The City of Miami will be affected like the rest of Dade County, in this were... Mayor Suarez: Every single part of the City, but the money will not necesaarily be spent in every single part of the City of Miami. Mr. Rodriguez: Every single part of the City. Right. Mr. Plummer: They're creating districts. Mr. Rodriguez: They create the districts, some of these, for example. Let we give you an example. One of the districts is downtown. In downtown, for example... Mayor Suarez: No, no, no we didn't do the same thing. No, we cover the entire City, although there was some differential as to the impact fees in different parts. Mr. Plummer: See, they're pulling these districts out of thin air. =F Mr. Rodriguez: The districts are different, they don't correspond to the municipalities.:' Mr. Plummer: You could have five municipalitios in one district. Mayor Suares: but every single part of the City of Miami will be covered by ♦' " district. Joel Maxwell, sea.s There are three districts that Coves the City.17 �• 134 � 71 �. j J Ili.n.......aaaa.iwrr.✓.p.s.11i.lYi Mr. Rodriguest Every single part will be covered with the exceptions... Mayor Suarest And in their wisdom, they're not even going to put the whale City as one district or something. They're going to split us in all kinds of different districts, is that all you're saying? Mr. Rodriguez: Well... Mayor Suarez: Two? Mr. Rodriguezt ... we're in two different districts and they can decide spa how to spend the money by themselves... Mr. Plusmert Oh, it is. Mr. Rodriguez: ... in areas which are not even within the City of Miami because the decision will be made by the MPO, Metropolitan Planning Organization, which is composed of the County under which we don't have any representation ourselves as a City. In addition to that, one of the concerns that I have is, that the area which are growing the fastest are going to be the one demanding probably the most money because the impact fee proposed by them cannot be used for maintenance. So, if they cannot be used... Mayor Suaraz: Neither can ours. Mr. Rodriguez: ... the impact fee proposed by the County cannot be used for maintenance. Mayor Suarez: Neither can ours. Mr. Rodriguez: Right, so if they claim that in our cities we don't have any need for new roads and there are needs for new roads in areas outside the City, which are covered by the area... Mayor Suarez: By boundaries of that sans district which includes partly a City - well... Mr. Rodriguez: The same district. Logically, we don't know this, but the money will go into those areas and we made an estivate which is top of our head is that we will have probably 10 percent of the coney that night be collected in the City will be spent back in the City and the rest of the money... Mayor Suarez: So what do you propose that we recommend to the County? Vhat action should you recommend for us to take? Mr. Dawkins: But first, before you make your recons ndation, is Mr. Rice correct in saying there'll be two impact fees? The City, we already got ours and then the County's going to enact one no, in fact, we got two impact foss In the City. Mr. Plummer: Same way you have double taxation. If you got a City tax and a County tax. Mr. Rodriguez: It will be ... Mr. Dawkins: But... to ahead, I mean, In that a fact? Mr. Rodrigues: There will be two impact teas except that the Ceuaty asb" Sam exceptions that cover different areas that we cover is our oweptiam.dM in some cases... Mr. Dawkins: I'll ask the question again. Mr. Rodriguez: Too, except. Mr. Dawkins: Thank you, that's... thank you. Mr, llus ri Let m ask this questions is the two di tegoto A Mimi, wbe else is included is that distriat boet*w Uw Qi *j Mr. Marchner: It's in the ordinance. Mr. Rodrigues: If I might refer you to your package, page 31. It will include unincorporated areas, for example, the airport is included. It also includes the area of Miami Springs. It includes some portions of Coral Cables, Rey Biscayne. It include also Fisher Island... Mr. Davkine: Fisher Island? Mr. Rodriguez: Um hum. So what I'm saying is... Mr. Dawkins: Well what road impact got on Fisher Island and they're surrounded by water? Mr. Rodriguez: Well, it's... Mr. Plummer: But that's the unincorporated area. Mr. Rodriguez: It's an unincorporated area. Mr. Plummer: OK? Mr. Rodriguez: So, what I'm saying again is that you have an area that includes other non City areas. Mr. Dawkins: OK, somebody in the law department tell me, how you go to Tallahassee, Washington or where ever you have to go to void whatever the County is doing so that we have our impact fee, which is mandated by them that we have, by what is it, 1990? Mr. Plummer: One. Mr. Rodriguez: 1961. Mr. Dawkins: They're already mandated that have an impact fee, we've already enacted it. We've already got the builders angry with us saying they're not going to build in the City of Miami. And if we add another impact fee on top on that one, we definitely won't have any building. Mr. Plunma r: You don't go to Washington, you don't go to Tallahassee, you go to Dade County on October the 4th - whatever that data is. Mr. Rice: That's October 4th... Mr. Rodriguez: October 4th. Mr. Plummer: Well, just for the purposes of asking, Mr. Rodriguez, what do you recommend to this Commission to do? Mr. Rodriguez: I recommend that you pass a resolution telling the County that you would like to opt out. My concern in... Mr. Plummer: So then we're backing the Dade League. Mr. Rodriguez: You, my concern is this, that if this resolution were not to be followed by the County, than what happens? And what pos... Mr. Plummer: Then we can't join the lawsuit.! Mr. Rodriguez: Then what position we have so in that sense, you night have to have another second position which is'in case that the inclusion of the Ceualy. Commission or the option out version is not passed, that the City will soon the impact fee of the County with the proviso that all the aawey aellosted within the City of Miami will be spent within the City of Miami and also, after following a recomme ndation of approval by the County Commissions. °�•,.�� 'fir Mr. Plumoors All right, first of all, I move the tasolittio4 °Mrsskialg,MMR:-: r. . League position. That's number one. rr Mrs. Xonsodys I sea*". Mr. Zlm rs That's the first notion. ------------ _ L ON a Mr. Rodriguett May I *so it? Mr. Plumwsrt OK? Mr. Dawkinst Second. Mr. Maxwellt Commissioner Dow... Commissioner, there's something the record needs to show before you.... Mr. Plusmart What? Mr. Maxwells There's something that needs to be on the record. Mr. Plummert Put it on the record. Mr. Maxwell: All right. I'd like to respond to two points that Vero raised... Mr. Plummert Then we'll sake a second notion now. Mr. Maxwell: No, I won't make a second motion. Mr. Plummer: No, I am. Mr. Maxwell: OK. Mr. Davkinst But, legally, if you're - go ahead... Mr. Maxwell: First of all, even though there are two impact fees, they don't cover the same thing. First of all, legally they cannot do that. They can't do that, that would be a redundant tax and legally the County can't do it no more than any other institution. Mr. Dawkinst OK, hold it right there, sir, Mr. Maxwell. So than, in other words, whatever the County does and if they decide to impact on what we've already doing, ours is null and void because you can't have two. Mr. Maxwellt No, that's not right. That's not correct, sir. Mr. Dawkinst OK, well all right... Mr. Maxwell: What's happening is, the City of Miami's impact fee is tied to Its capital improvements program which deals with City roads. The County's is a regional road system, different roads. Also, under chapter 380.06, the Impact fee is mandated but it does not Dean that we cannot approve a development without that. So there seems to be a misconception that we have to prove - we've approved our impact fee ordinance and the County has to approve an impact fee ordinance. Mr. Plummer: Hogwash. Mr. Maxwell: They don't have to - it is not sandated by the State under chapter 380.06. It says you cannot approve development unless the impacts are taken cars of... Mr. Plummer: Hogwash. Mr. Maxwell: ... it doesn't mean you have to pass an impatst too. Mr. Plummer: Let me give you an example. Mr. Maxwells ... disagree, air... ;-m Mr. Plumsoart ... that's fine and it soumde great is your legal terms. 144 4w rotor you back to the $300,000,000 bond issue, bonds for whstowes they 40�! and called it for the entire County and we reminded the Ceumty that tt p rs of any dollar you raise come From the City of Mini.. Mdat an >" , t beak? Oh, we gam you back plenty. Mott did yes *% w redid •isasys. Ob, that's slOo boaswa th0%-1W tW—'4%R '®: else did you do tot ust fbt w built s sea belfto Wes, loautitul. what the hell door that have to do wto "W-6j.q C, x "i mwv.U.rwa�W .+w+Iw.w+�aMµy what I'm trying to say to you is, that yes, they can pick on these things that exist in the City of Miami, but they're all County responsibilities and all County facilities. Now, I think it's got to go such clearer than that. And I'm not going to sit back and let them rape us again because they did once before. Now, as far as I'm concerned, it's going to be spelled out that things of regional nature, airports, sea ports, jail, main arterials, bridge tenders, all of that, I don't have any problem with them collecting the monies and an impact fee for that. But the impact fee we collect here, we're going to keep. Mr. Maxwell: We do. Mr. Plummer: Or we'll meet them in court and close the bridge to the port. Mr. Rodriguez: May I also ask one more... Mr. Plummer: That always gets them, boy that is a sensitive issue with that. Mr. Rodriguez: ... item for your concern? The amount of impact fee that has been established by the County is a fairly high amount. Mayor Suarez: Us, now to the quantification aspect. How... Mr. Rodriguez: It's a fairly high amount... Mayor Suarez: ... fairly high? Mr. Rodriguez: ... when you add it to our amount. In soma cases... Mayor Suarez: What does it work out to be on a per unit basis for a typical district in the City? Mr. Rodriguez: It changes, but I can... Mr. Rice: One thousand bed hotel is $100,000. Mr. Plummer: Well, that's not bad. Mayor Suarez: So that's a hundred per unit there? Mr. Plummer: A hundred th... Mr. Rice: A hundred dollars a unit for a house is eight eighty-eight. For a large restaurant, approximately... Mayor Suarez: Wait, wait. For a house is what? Jack, you're going to have to get close to the mike. For a house is what? Eight eighty-eight? Mr. Rice: $880. Mayor Suarez: That'll kill a lot of the small builders in the City. Mr. Plummer: And what would a hundred - what would a thousand room hotel cost? Mr. Rice: And for a large restaurants, is around $6,000. Mr. Dawkins: So my affordable housing, Jack, would go out the window because when I start talking about building affordable housing and add $800 to it, I mean, I price it out of the market. Mr. Rice: cost. Teo, it would increase your cost. This is just an impact on UW Mr. Plummer: For a thousand room hotel? No wayl Mr. Dawkins: OK... Mrs. Kennedy: So, Sergio... let me just ask Sergio sesieVA". Is sow SW X tail at the County, can we then do something like t"t ot$ be the City of Miami as decided by this Cem neaten or aM»#h , 0 ' OK • _' Mr. Maxwell: Under law, Commissioner... Mrs. Kennedy: Yes. Mr. Maxwell: ... any monies collected for an impact fee must be used for the purposes they were collected so there must be a rational nexus between the collection of the money and the expenditure of the funds or the funds must be given back to the person they were collected from. So even though the County has this diverse system of sub areas or of sub areas of districts where the money is collected, they can't use that money for any expenditure unless they can show that there's a quote national rational nexus between the use that they're putting it to and the person who's project generated the funds. If I may make an analogy, back in the civil rights era, there was something called the stream of commerce where they said that all they had to do was show that a business somehow used some product or something or service in his particular business that was related to commerce or some other product came from out of the state. So they said at that point, because of that, it fell under the federal rubric of laws. Here, if they collect the money and they use it outside the County and they can't show on another street, they use it outside the City, and they can't show that it has some relationship to the project in the City, then it wouldn't be legal. Mr. Plummer: That's legal, but that's not what the ordinance says. Mr. Rodriguez: The ordinance says that you can spend the money within the area that you collect it, the district, and that area, that district, the determination as to what projects will be chosen is made by the MPO of which we don't have any representation or we don't have any control or equal representation of votes. Mr. Plummer: But, that is only the County money collected, not the City money. Mr. Rodriguez: No, the City money, our - the money collected by the City is administered by the City separate from that, has nothing to do with that. Mr. Plummer: Oh, yes. Mayor Suarez: What had Russ recommended, I lost that? Mr. Russ Marchner: We recommend support of the Dade League resolution... Mayor Suarez: The League of Cities? Mr. Marchner: ... which encourages the County to pass the alternate version of the ordinance which would allow cities to opt out and pass their own impact fee if they wish. The don't have to do one or the... Mr. Plummer: You can't build a 1,000 room hotel in this city for a million dollars, no way ... No, I'm talking about cost to build.. Mr. Marchner: ... just opt out. Mayor Suarez: What problem do you have, J.L. with - Commissioner Plummer, what problem do you have with that alternative that he's proposing that would encourage the cities to opt out of the Counties - if the County passes its ordinance... Mr. Plummer: Oh, I have no problem with that. Mayor Suarez: Why don't we just take a... Mr. Plummsrs Well, I've already offered this once. Mrs. Kennedy: He moved it and I seconded it. Mr. Plummer: I moved it once. Mr. Dawkins I seconded it. Mayer Suaress foautiftl. My 9 rthor disammiost_ M Mr. DawkIna: Teo, one further - under discussion, is Dodge I918101d is the district? I wean, well Jesus Christ, all these are County facilities, ge right ahead with the motion. Mr. Odio: Can I add something before you move off the resolution? Maybe we can add this. We - as I was working on the Miami Stadium and the ramps... Mayor Suarez: Why don't we vote on it and then we can add whatever we want as icing on the cake if you'd like? Call the roll on that. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. so-so$ A RESOLUTION SUPPORTING THE DADE LEAGUE OF CITIES, INC.'S POSITION REGARDING DADS COUNTY IMPACT FEES AND ENCOURAGING THE METROPOLITAN DADE COUNTY COMMISSION TO ALLOW MUNICIPALITIES TO OPT -OUT OF ITS PROPOSED IMPACT FEE ORDINANCE IF THE MUNICIPALITY DETERMINES THAT SUCH NON -PARTICIPATION WOULD BE IN SUCH MUNICIPALITIES BEST INTEREST. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Yes, I'm sorry. Mr. Manager. Mr. Odio: Mr. Mayor, they have what is called and - excuse oe - the Metro Planning Organization. Mayor Suarez: Oh, the MPO, the famous MPO. Mr. Odio: What they do is they sit down and decide what they are going to do with our roads within the City limits or expressways or whatever. We have no representation whatsoever. I discovered this when we were working on the ' ramps on I-95 to Miami Stadium and the garment district and I was told that the County had decided that wasn't important. And yet, it was important to - s the City of Miami. And I think we should request from the County - I don't know if I can use the word demand, that we have equal representation - that we q have representation there to decide what the... ,F Mayor Suarez: I think we can use the word demand from the County, don't you... f_ Mr. Odio: For example, lot me give you an example, they could actually decide that South Bayshore Drive should be widened to four lanes and we have notking to say about that.rt Mrs. Kennedy: How did we and up with that lesser position with... Mr. Odio: I don't know, I know this organisation controls every all*ls "pacts of roads in the... Mr. Pluwr: Does the Dade League have any representative es Wool Mr. Marchaerz lse, as • result of LM recent ledtttat#m�#k session, there vers two additloss to the WO fait 04ft 00,00W. P F representative to be nominated by the Dade League of Cities and one from the unincorporated area of Dade County. The Dade League of Cities, within two or three weeks after that was passed, voted to nominate Mayor Raul Martines of Hialeah who, at that time, was president of the league. Mr. Ricer Ha's in favor the the opt -out. Mr. Marchner: Oh, yes, he's... Mayor Suarez: How many - we're not on that issue now, we're talking about representation on the MPO. How many member altogether on the board? Does the County Commission sit as members, all of them? Mr. Marchner: There's nine. Mr. Rodrigues: Yes, I believe before it was only the board of commissioners, nine members. Mayor Suarez: And now it includes a representative from the League of Cities and one from the unincorporated areas? I would think that as large a city in the county, we're entitled to at least one member being.. Mrs. Kennedy: Absolutely. Mr. Rodriguez: But that's... Mr. Dawkins: What good is one member, Mr. Manager, when you're outvoted? I mean, I.... but let's get equal representation. Mayor Suarez: Yes, well at least the... Mr. Plummer: At least you'd know what was going on. Mayor Suarez: Yes, or proportional. Why don't we make a motion to have proportional representation on the MPO? Mrs. Kennedy: I would love to move that, sure. Mr. Plummer: Yes, that's fine. Mayor Suarez: Moved. Second. Call the roll. Mr. Marchner: On the question, Mr. Mayor. The MPOa in each county vary from one to another as to membership so I would like to recommend that the Dada League of Cities and the Florida League of Cities support the City of Miami in ; Its contention that we can change the representation for Dade County to have proportionate representation. Mayor Suarez: Beautiful, thank you, Russ. Mr. Plummer: I'll tell you what, you prepare a resolution for the league 8 seating in October. ,+ Mr. Marchner: I'll do it. Mr. Rice: And we'd better write a letter. r' Mr. Marchner: All right. Mayor Suarez: Please, call the roll. _ :x Mr. Plummer: ... beyond resolution? Ms. Rice: ... have to write a letter within 10 days so we have to Sot ; ~ letter off. t` Mr. Plummsrs 01K. Y'PS s z. T %A The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 68-609 A RESOLUTION URGING THE METROPOLITAN DADE COUNTY COMMISSION TO CONSIDER IMPLEMENTING A POLICY OF MAKING APPOINTMENTS OF MEMBERS TO THE METROPOLITAN PLANNING ORGANIZATION IN A MANNER WHICH ASSURES THAT THE NUMBERS OF MEMBERS SO APPOINTED ARE REPRESENTATIVE OF AND IN DIRECT PROPORTION TO THE POPULATION IN THE AREA OF THE COUNTY INCLUDING MUNICIPALITIES WHOSE INTERESTS ARE TO BE SERVED BY THE FUNCTIONS AND ACTIVITIES OF SAID METROPOLITAN PLANNING ORGANIZATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clark.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: ATES: Commissioner Victor De Turre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Thank you, Russ. Thank you, Jack. Mr. Marchnor: Thank you Mayor and Commission. I'd like to request that on October 4th, if you have representation from the City of Miami down there. Maybe the newly elected County Commissioner from the City of Miami would like to join us. Mrs. Kennedy: We'll all call the County Commissioners and try to do our homework before that. Mr. Marchner: Right. Thank you very much. Mayor Suarez: Who's the newly elected County Commissioner from the City of Miami? Mr. Plummer: You. Mr. Marchner: No, I was referring to you, Mayor. Mayor Suarez: I'll be happy to - the newly elected City Commissionor from the City of Miami. Go over there and fight it out with them. OK, Russ, thank you. 54. LIGHT UP MIAMI - discussion and momentary deferral concerning too waiver J request for use of Bayfront Park amphitheator for this event (see label 34.2) 5 .. Mayor Suares: Ito* 64. Mr. Odtoi They want the $500 fee vaivered for the use of amphitheater for a one -day permit and one day permit for the tale o! bus a vine for the Light Up Miami to be hold on Xweaber 33rd, mayor Suaresr Is it Sayfrost #ark? well, this samaig "do r NOU aNNN,pbitheato rs, basically right? I'll entertain a not"* ag t*a ama ad taaility. Mrs. Kaanedy: So wove, we have already cleared the dates and it is available. Mr. Plummer: What? Mrs. Kennedy: sayf rout Park. Mayor Suares: The use of the amphitheater for Light Op Miami. Mrs. Kennedy: so moved. AT THIS POINT, THIS ITEM Is TEMPORARILY DEFERRED. 54.1 Reserve 18 additional free days for use of Sayf root Park amphitheater for use by the following target area groups; llagemi, Overtowa, Downtown, Little Havana, Model City (Liberty City), Coconut Grose, Allapattah, Wynwood, and Edison Little River. Mr. Plummer: Well, wait a minute, is that out of our 30 days? Mr. Dawkins: It's out of the hundred days. Mr. Plummer: Out of the hundred days. Mr. Dawkins: I think. Mrs. Kennedy: Out of the 150 days, it really doesn't have to come before this board. Ira takes care of that, except... Mr. Odio: I tried to take these items off the agenda and they told me that the - that I had to, so... I don't know why we're cluttering... Mrs. Kennedy: Whys Mr. Frank Castaneda: Commissioners, I'm clarifying what we were saying tbsre was that you had ten days left. Mr. Plumer: Out of 150? Mr. Castaneda: Out of 30 days. Mrs. Kennedy: Out of 30 days. Mr. Castaneda: Out of the 30 days. We wanted you to know how many days you had left. Mr. Plummer: No, we had more than 30 days, didn't we? Mrs. Kennedy: !rank is keeping count. Mr. Dawkins: Say what now? Mayor Suarez: What about the 150 days, !rank? Mr. Castaneda: We wanted you to know how many days you had left., Mr. Dawkins: Right. Mr. Castaneda: You had 30 days originally. Tou're down to 10 days aid w said that if you approved this thing obviously you would reduce the, Y. days you have available. !r i` Mr. Dawkins: All right now, wbat happona to the 100 days t#u►t s!='a!: available for public uset Mayor 0wres t Ties, 160 daynt Mr. Tlumer, Tan. i Mr. Castaneda: That's another thing. Mrs. Kennedy: No, that's something different... Mayor 8uaress We know it's another thing, what about it? Mr. Castaneda: People have to... Mr. Dawkins: Somebody tell me what it is. Mr. Castaneda: People have to pay for those days but they have to be for public use and you might want to correct me on that. Mr. Dawkins: Oh no, explain - may what now? Mrs. Kennedy: OK, the different rates are the following. If it's a for profit group, the rent is $2,000. If it is a non for profit group, the rent Is $500. The City - the Bayfront Park Trust together with Ira Katz is taking care of those days. The original intent and we have been doing is to give half of the days free and half of the days of paid events. Mr. Dawkins: OK, I don't think any group that appeared here before us could not pay a dollar. You say non profit groups pay a dollar. Mrs. Kennedy: No. Mr. Dawkins: Is that what we said? Mr. Castaneda: Five hundred. Mrs. Kennedy: No, five hundred. Mr. Ira Katz: Basically, Commissioner, that there's two sets of rates and I think the Vice Mayor's trying to clarify that half of the dates that we're using at the amphitheater are for non profit organizations in keeping within City's guidelines that there'd be a hundred dates of non profit organisations. Mr. Dawkins: Does anybody sitting up here remember my telling you that a community in this great City of Miami would have no days at all. Now, you've given out all the days and I want you to come back and tell me how many days were give to groups in Liberty City, Overtown and Little Haiti? Mrs. Kennedy: Well, it's... Mr. Dawkins: No, I tee... Mrs. Kennedy: ... up to us, really. We are the ones giving these dates. Mr. Dawkins: You're right, it's up to us, but I keep telling you, those people don't know to come to hell down here and ask us for them. And I tried to tell you at the beginning, some days should be reserved for each, Coconut Grove should have had four of the free days, Little Havana should have had four of the free days, Overtown should have had four of the free days, Liberty City should have had four of the free days, Little Haiti should have had four of the free days, and everybody would have had a fair shot. Mr. Plummer: Increase it to 60. Mr. Katzi Commissioner Dawkins, just let me add one thing. We're working with your representative that you put on the trust, Lori Weldon, to do rlsbt now a series of concerts for the inner-city parks program which we can see is going to be part of the 30 days that the City's going to have. Mr. Dawkins: The person closest to my heart since my mother died, is Naw y Dawkins. And if Nancy Dawkins were sitting on your board, it world aft alter the tact that it'a a fact that these areas do not have any days and or wits sat there and she didn't get no days for them. Mayor 3uaress The thing is, we have to go out and dot the move6ta, T#* know... it they don't request it, Coamissioner... Mr. Da Wass All right o I'll tell YOU vhat - NOW MW dffs tf 00 1"Nt Y .F3 } E.; 4 Mr. Kota: There'll be taw days. Mr. Dawkins a Tau got teat OK, hold it, listen, all right - weuld OF brew brother down there, my blue brother, listen... Mr. Plusmor: Teo, sir. Mr. Dawkins: ... listen to so one minute, air. Mr. Plummar: Yee, sir. Mr. Dawkins: We dot tan days left. I sake a motion that we reserve 3 daps for Overtown, we reserve 3 of those days for Liberty City, we reserve three of them for Little Haiti and 3 of them for the northeast section up there that's mined up with a - those other... you know, ghat are those people you referring to most of the time... Mr. Plummer: Mho? Mr. Dawkins: You know, in the northeast section. Mr. Plummer: Salle Meade? Mrs. Kennedy: Like Anglos? Mr. Dawkins: Yes, like Anglos. Mr. Plummer: Oh, Anglos, is it? Mr. Dawkins: OK. Now, how many is that? Mr. Plummer: I'm not an Anglo, I'm Catholic. Mr. Dawkins: You bragging or complaining? Mrs. Kennedy: You've gone to twelve days, we've... Mr. Plummer: Now about both? Mr. Dawkins: How many days does that Dive me now? Mrs. Kennedy: Twelve days. No, we have... Mr. Castanoda: Mine. Mr. Dawkins: How many? Mrs. Kennedy: No, we have... Mr. Dawkinse How many? No. Hirai: Twelve. Mr. Castansda: Three, six, nine. Mr. Dawkins: Huh? Ms. Hirai: Three... Mrs. Kesaody: No, he's included Little Mani. Mr. Odie: sscuse ma, you have another... Mr. Castaseda: Three ter tvertsos, theso ts+r l.ibeftr 4mw WAP"'144', sorth"st. me. Hirai: No, Little Haiti. F� • No. ltr. ti rr: met's sot " faR wer e. �' �f x., z."t". I�Yy1�1 1Y11Y�Y�itliirYI111MrY� I Mr. Ketas There'll be tea days. Mr. Oawkiast YOU dot tea? OK, hold it, listen, all right - wotiid OF breft brother down there, my Slue brother, listen... Mr. Plusmart Too, sir. Mr. Dawkinst ... listen to so one minute, air. Mr. Plumnort Too, sir. Mr. Dawkins: We got ton days left. I make a notion that we reserve 3 days for Overtown, we reserve 3 of those days for Liberty City, we reserve three of them for Little Haiti and 3 of them for the northeast section up there that's mined up with a - those other... you know, what are those people you referring to Most of the time... Mr. Plummer: Who? Mr. Dawkins: You know, in the northeast section. Mr. Plummer: solle Meade? Mrs. Kennedy: Like Anglos? Mr. Dawkins: Teo, like Anglos. Mr. Plummer: Oh, Anglos, is it? Mr. Dawkins: OK. Now, how many is that? Mr. Plummer: I'm not an Anglo, I'm Catholic. Mr. Dawkinst You bragging or complaining? Mrs. Kennedy: You've gone to twelve days, we've... Mr. Plummer: Now about both? Mr. Dawkinst How many days does that give me wow? Mrs. Kennedy: Twelve days. No, we have... Mr. Castansda: Nine. Mr. Dawkins: How many? Mrs. Kennedy: No, we have... Mr. Dawkins: How many? Ms. Hirait Twelve. Mr. Castansdat Three, six, nine. Mr. Dawkins: Huh? Ms. Hirals Three... Mrs. Kennedy: no, he's included Little Matti* Mr. Odle$ imcuse me, yeu have another... 4P� � �A _fir . Mr. Odiot We have another item.. Ms. Hireit Plus three for Little Haiti. Mrs. Kennedy: And Little Haiti. Mr. Odiot Excuse so, excuse me, we have another item... Ms. Hirait Plus three for Little Haiti. Mr. Odiot Excuse me, excuse me... Mr. Dawkinst It's going to work because Mr. Henry... Mrs. Kennedy: Twelve, it's twelve. Mr. Dawkinst Where is Mr. Henry Jackson? Mr. Odiot Mr. Commissioner, we have... Mr. Plummer: Miller. Mr. Dawkinst Teo. Mr. Pluamer: Why don't you go the other way which it'll accomplish... Mr. Dawkins: What's the other... oh, now, wait, tell me... Mr. Plummer: Take X number, divide it by three, X number of days for Slacks, X for Spanish and X for Anglo. Mr. Dawkins: No. No, because, sea, see, it's some folks in Liberty City who not Black. Tou see, we do have a cosmopolitan city. Mr. Plummer: There's people in Little Havana who aren't Latin. Mr. Dawkins: That's right, so see, they need to have a shot at it because see, no, let's go... Mayor Suarez: We have an unlimit... let me say something. Mr. Dawkinot I'll tell you what, I'm going to make my motion. Tou all vote the way you want to vote or if I don't get a second, it die. Mr. Plummer: What's your motion? Mr. Dawkins: The motion is, we reserve three days of these free days at this $30,000,000 facility.... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dawkins: ... for Liberty City, 3 days for Overtovn, 3 days for Little Haiti and 3 days West Little Havana. Mr. Plummer: And where's the Anglo? Mr. Dawkins: Well, West Little Havana get left out. OK? All right, let's do another one, let's give two days to everybody. r. Mrs. Kennedy: Oh dear, it's up to this Commission's discretion anyway. Mr. Dawkins: Let's go back and give 2 days to everybody. ; Mayor ivaress Wait, let's... OK, we have a motion. Do we bows a mottos: 1 (e Mr. Plwimsr: Tou're waking the action, I'a Listening. r� r Mr. Darkiaai All right, no, I'll o back. Let's give too g t � dsy� t#•.. 17i Mayor ivarest We have 1$0 days, vby are worried a#oYt 00 Mr. Davkinse because thee* are the totally free days that we're talkiatg about, the... Mayor wares: I have no problem approving a motion of Z, Z, and Z if they come and apply because we can give them another lie days. Mr. Dawkins: Well, I'■ getting ready to sea that they apply. Mayor Suarez: And those will be totally free days, Madam Vice Mayor, is that What you understand it to mean? Mr. Dawkins: Henry Jacksonl Where's Henry Jacksonl Somebody bring Henry Jacksonl Mayor Suarez: That those will be totally free days. Mr. Dawkinse Mr. Henry Jackson... Mayor Suarese All right, make your motion. Mr. Dawkins: ... next week... Mr. Plusimers All right, wait a minute, before you make your motion, look at the next item. Mr. Dawkins: OK, no, wait a minute. No, no, I'm going to get through this one. Mayor Suarez: We have another 150 days we can parcel out at our discretion for no charge, or X charge, or more charge, or... Mr. Plummar: OK, OK. Wait a minute. No charge on the 150 days. Mr. Dawkins: Huh? Mr. Plummer: Then I got no problem. OK? Mayor Suarez: It's at our discretion what we do with the other 150 days. Yt have another 150 days we can also use the park at our discretion for so charge. Mr. Dawkins: talk with him. Mayor Suarez: And, if by any chance the Bayfront Park Management Trust gets In our way, we can always disband them too. Now, come on. What do you want, you want two days to be set aside... Mr. Dawkins: No, no 150. The hundred and fifty, the hundred and fifty. The hundred and fifty and the disbandment. You got me. Mrs. Kennedy: Yes, at disbanded... at this $30,000,000 facility, correct, that used to be an eyesore right in the City of Miami. Mr. Dawkins: That be a what? Mrs. Kennedy: That used to be an eyesore. Yr Mr. Dawkins: What? Mayor Suarez: No, we're not going to get into that, We 7rf x Mr. Dawkins: I don't care about it being - that's why I waat us to use because it was an eyesore and we ain't seen it. i.i Mayor Suarez: We built it. We built it, it's there, it$*... Mr. lhss■sr: Two days for Liberty City, two days for Little Nawwwo ssK l44 A days for the Angles. Mrs. Koa&"yt What I dr say&" " } i i mart ,,y5,. .:.i '.� t yA✓ Mayor Suarez, OR, you want two reserved for each neighborhood for free, well Mr. Dawkins: Too, um hum.. Mayor Suares: OK, we have a notion to reserve tyro days for Liberty City, two days... Mr. Dawkins: Two for Overtown... Mayor Suarezt OK. Mr. Dawkinst ... two for Little Haiti, two for Nest Little Havana and two for northeast. Mayor Suarest OK, totally free and I can't imagine anybody voting against... Mr. Dawkins: Huh? Mr. Plumisert Mhat about Coconut Grove? Mayor Suarez: Two days for Coconut Grove, what the hell, Mr. Plumsart I live in Coconut Grove. Mr. Dawkins: All right, two days for Coconut Grove. Mayor Suarez: All right, we have a motion. Do we have a second? Call the roll. This is not going to create any problem. Assuming, of course, that they apply. Mrs. Kennodyt It's up to this Commission is what I'm trying to tell you. It's up to us. Mr. Dawkins: Wait, let's pass... I'll call the question. Mayor Suarez: Ve have a motion, do we have a second? ..xf� Mr. Dawkins: Yes, J.L. seconded it. Mr. Plummer: I invoke the rule. Mayor Suarez: Do we have a second? Mr. Dawkins: OK, he called the rule. Mr. Do Yurro: I'll second and two days for llagami also. Mrs. Kennedy: I'll second, I have no problems with that. Mr. Dawkins: OK, all right.' Mayor Suarez: Do you know the... Mr. Dawkinst Now, Mr. Henry... Mayor Suarez: Veit, wait, wait, wait. -^ Mr. Plummer: Voll wait a minute, what are we going to do with this otAP hundred days? Vhat are we going to do with the other hundred lays? Mr. Dawkins: the Mayor... Mrs. Kennedy: Came on. p' Mr. Zlummsr: He Savo them way. . f'z Ile Mr. Woo For the... - Mayor Warei: Vait, wait, watt, Matt, "It'i Mr. WWI Vow Mayor tuares: Everybody now. Mrs. Kennedy: Cone on, OK? Mayor Suarez: You were just kidding whom you invoked the rule? Mr. Plummor: No. Mayor Suarez: I was trying to figure out a way around it. Mr. Plummer: Slane it on se, right? Ah, you dirty devil. Mayor Suaros: OK, so we have a motion and we have a second. Call the roll. Mr. Do Turret How many, how many - don't we have eleven neighborhoods in the City? Mr. Dawkins: Well, that's all right. Mr. Plummer: Bight CSO's. Mr. Dawkins: light CSO's. Mayor Suarez: You, the areas that are soot affected economically are eight. Mr. Dawkins: The City doesn't need... Mayor Suarez: Is that correct, Frank, eight community target areas, cosmuaity development target areas? Mr. Castaneda: Yes, yes, Commissioner. Mr. Do Yurrra: That includes Flagami. Mo. Hirai: On the microphone. Mayor Suarez: OK, do you want to make an amendment to the motion to include Flagami? Mr. Do Yurre: Of course, we want Flagami. As far as I'm concerned, they're just as needed as Little Havana. Mayor Suarez: OK, so that's an amendment to the notion. Doom the sovaat accept that? Mr. Dawkins: Yes. Mayor Suarez: OK, and the second? Mr. Plummer: Is that North Grove or South Grove? Mr. Dawkins: The South Grove... Mr. Do Turret South. Two days for South Grove. Mr. Dawkins: Which one is affluent?" Mr. Plummor: Two for each. Mr. Dawkins: North or South? �F Mayor Suares: Two - we got g CD areas plus Flagami now, so We SUW. Mr. Castaneda: Nine time two, 1g days. Can you ssploia SO lost, Commissioners?f. Mr. Dawkins: That's all right, the Mayor just said we got 150 #"S. V# i�jS1► how sway days we up to, there's no prousM. Mr. Do Tvrrai ' you got a bundrod and eighty. a •tf .g _ s Mayor Srarest The Cosimissioa can wa the park any way it wants, I seas, You know. Mr. Dawkins: Call the roll. The following notion was introduced by Commissioner Dawkins, who NOW its adoption: NOTION NO. Ss-610 A NOTION RESERVING, ON AN ANNUAL BASIS, EIGHTEEN OF THE THIRTY FREE DAYS ALLOCATED FOR CITY FREE USE OF BATFRONT PARK AMPHITHEATER TO CITIZENS' GROUPS FROM THE FOLLOWING TARGET AREAS: 1. FLAGANI (TWO DAYS) 2. OVERTOWN (TWO DAYS) 3. DOWNTOWN (TWO DAYS) 4. LITTLE HAVANA (TWO DAYS) S. MODEL CITY (TWO DAYS) 6. COCONUT GROVE (TWO DAYS) 7. ALLAPATTAH (TWO DAYS) S. WTNWOOD (TWO DAYS) 9. EDISON LITTLE RIVER (TWO DAYS) Upon being seconded by Commissioner De Turre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez MOSS: None. ABSENT: None. r Mayor Suarez: Teo, now... Mr. Dawkins: Mr. Mayor, I have one thing... Ms. Hirai: Mr. Mayor... Mr. Dawkins: ... Mr. Henry Jackson. Your assignment next weak is to contact somebody in each of those areas - not the next week - but between the next Commission meeting and prepare a now for my signature designating the individuals who want these days, since everybody - and make them aware of this. Mayor Suarez: OK, did you want a clarification, Mr. Manager? Mr. Odio: Do they have to come here for approval or is it approved by the... Mr. Dawkins: Oh, no, let's... Mayor Suarez: I would much rather have all of these approved by the Sayfront Management Trust myself. I... Mrs. Kennedy: And lot me just say for the record and I was telling Frank, when an organisation comes here and says that they are from Model City, plosee make sure that they are from Model City. All they used to do is get a f f ha i 11 t IA residest from the area and quali y or t t s a ... Mr. Dawkins: Well, the same damn thing for Little Havana. All you rot to b is may, I live in Little Havanal Mrs. Kosnedy: The same for Little Havana, the some for the s+rd'tMP+MsdT .: ; u Mr. Darkiass I eras, cars on, give sr a dreakl I Men Gay Little Sava", you cam say you were from KeitsM. IIiMMrW$, = son so difference lbst yoo Ito. a y pit. th ;.fit % _.t All Mrs. Kennedy: All I'm saying is, let's be equitable and fair, that's all. Mr. Dawkins: You know, I hate to take... Mrs. Kennedy: You don't have to get mad. Mr. Dawkine: I hate to take affront to this, but you have not asked no dome body also who come before this board to demand and show their residency. Now, come on, now give me a... Mayor Suarez: Well, if we're splitting it by residential communities, we're going to have to figure out some way of making sure they're from there. Mr. Dawkins: I just said for Henry Jackson to go out there and identify the individuals in that area and bring it back to us. Mrs. Kennedy: Right. Mayor Suarez: That's fine for finding people making the applications but we obviously have to... this Commission has got to decide, we have to decide at some point if we want to be acting on all of these or have the Bayfront Park Management Trust decide these, so, once and for all, we really ought to make that decision. And I'd much rather delegate it to the Bayfront Park Management Trust unless you want to keep authority over this. Mr. Dawkins: No, no, I'm going to bring my... Mayor Suarez: All right. Mr. Dawkins: ... addresses here to this board to be approved and then you give them to anybody you want, Dade Management Trust, the governor, Luis Morse... Mayor Suaraz: Don't bring the governor into this. Mr. Castaneda: The City Clerk is asking me clarification as to the number of days that we're giving. Mayor Suarez: What's the clarification, Madam City Clark? Ms. Hirai: We understood Mr. Castaneda to say that there were only tan days. totally free days, remaining. Mr. Plummer: It's a hundred and fifty. Mr. Odio: Matty, they just added more. Mrs. Kennedy: No, wait a second, let's got that cleared and let's got the record clear. Ms. Hirai: Oh, all right, all right, I'm sorry, OK. Because we have a number more and.... Mr. Plummer: The Mayor said a hundred and fifty. Mayor Suarez: We have any day that is not already reserved and contracted for totally fro* if we wish to do so. So please don't give us an opinion to the contrary unless somebody's got some reason to explain why that's not the case. So we've passed on 18 days so that weans that we had previously allotted 30 for this Commission to rule on so we've used up ton, plus eight of the other 150 and I think the import of the motion is that they should be for free, the use for those communities. If they apply, if they don't apply, we have additional days available obviously. Mrs. Kennedy: OK, wait a - there is a confusion her*, I can see it ooaiag. Y,y The hundred and fifty, which is really a hundred and eighty days legally, for t= non profit organizations, it's a chance to give the people the onortuaity to use Bayf ront Park but we charge thew f Iva - or Bayf rout Park lswt o"oe q then $500. OK? Let's just get the record clear. Mayor guaresi We jut obsaged that as to the number that we jiuit w#,, man, the Commission can ohsage sad wan determ"W V"t it V"to to , 4s 't Mrs. Kennedy: OK. Mayor Suares: I have a feeling they're all going to case before this beard because we have not given - we have not delegated to the Bayf rent Park Management Board the decision to accept these anyhow so we're going to have to be deciding in each case whether we're going to charge them or not. I thisk the import of the motion is that they will not be charged. 54.2 LIGHT UP MIAMI - (continued discussion) - grant requested fee waiver for use of Bayfront Park amphitheater in connection with this event (see label S4). ---------------- Mayor Suares: OK, on this particular one, we have Light Up Miami. Do we hava a motion on Light Up Miami using the facility? Mr. Plummer: So move. Mr. Dawkins: Move it. Mrs. Kennedy: Second. Mayor Suarez: Moved, seconded, thirded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-811 A RESOLUTION CONCERNING THE ANNUAL LIGHT UP MIAMI EVENT AT BAYFRONT PARK AMPHITHEATER TO BE CONDUCTED BY LIGHT UP MIAMI, INC., HEREBY DESIGNATING NOVEMBER 23, 1988, AS ONE OF THE THIRTY (30) DAYS RESERVED FOR USE BY THE CITY PURSUANT TO ORDINANCE N0. 10348 WITnouT THE USER PAYING THE FEES FOR THE PARKi AUTHORIZING ONE -DAY PERMIT TO SELL BEER AND WINE IN CONNECTION WITH SAID EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAWI FURTHER DIRECTING THE ORGANIZERS TO PAY THE CITT THIRTY-TWO (32) PERCENT OF THE GROSS SALES OF BEER/WINE OF SUCH EVENT AND THE REQUIRE!®1T THAT THE ORGANIZERS PAY FOR ALL OTHER COSTS OF CITY SERVICES AND 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 Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOtS: None. Y ASSSNT: None. Mr. Odio: We need to pass also the approval of the one -day posit to sell beer and wine. �F t 4� mayor wares i For wbos? Mr. Plusmara For Mao? Mr. Odios For t!u 9a10 •remf• ,L a r 5 n { J' !' i A� r s 1 Mr. Costaneda: Light Up Miami. Mr. Odio: Light Up Mimi. Mayor Duares: I'll entertain a nation on the permit for... Mr. Plummer: Well, wait a minute, why should we do that? Mr. Odio: You don't have to do it, they are requesting that we... Mr. Plummer: No, but I mean, why should we let them have the revenue if we'fe giving the facility free? Mr. Dawkins: What is this? Mayor Suares: I thought it was just a permit, I didn't know... Mr. Plummer: No, in other words, it allows them to sell the beer instead of us. Mr. Odio: No, they want approval to sell beer and wine on a one day basis. They want to sell... Mr. Plummer: Do they sell it instead of us, is that the case? Mr. Odio: Teo. Mayor Suarez: We don't have any concessions out there... Mr. Plummer: Tem... Mayor Suarez: We don't own any concessions but normally we get a percentage of what they sell. Mr. Plummer: That's right, 32 percent. UNIDENTIFIED SPEAKER: That's fine, we put in both requests just to make sate that they were covered, however, if you want to say, if you do sell beer and food, you want to pay.... Mr. Plummitr: If you sell beer or wine, the City gets 32 percent of whatever your gross sales are. Mr. Do Yurre: Well, what's the money going to? UNIDENTIFIED SPEAKER: For the project itself. Mr. De Yurre: The what? UNIDENTIFIED SPEAKER: Just for the project itself, for the next year anmaal event. Mr. De Yurre: How such money do you expect to make? Mayor Suarez: Can't tell on sale of beer and wine. UNIDENTIFIED SPEAKER: About two thousand. Mr. Do Turret Did you have one last year? �. UNIDENTIFIED SPEAKER: Teo. =y Mr. De Turret How such did you make last year? ' .. UNIDENTIFIED SPEAKER: We made about a thousand, two hwWred tborsebo"S. -at Mr. De Turret Twelve hundred dollars.° WINWIFIED BPEAEER: Teo. a .a Mr. Pled rl City got thirty... `r 2 F • z p� < r 71, M Mr. De Turret And you've got the twelve hundred in the bank right tar. ZMIDNNTIPIn SPEAKnt No, so, that's already spent. Mr. be Turret Well, then what are you going to save for next year then? UNIDENTIFIED SPEAKER: Well, last year it wasn't the sans request as we're making this time because we didn't use the Eayfront Park. you're asking M how did we made from the beer concession but it wasn't from... Mr. Die Turret No, sty question is, you said that the stoney you sake you're going to save it for next year. So I just assumed the stoney you made last year, you're saving it for this year. you said you made $1,200. UNIDENTIFIED SPEAKER: We made - the $1,200 that were made last year were used to pay for the event of last year. Mr. De Turret Then, OK... UNIDENTIFIED SPEAKER: OK, but this... Mayor Suarez: They grossed $1,200 but they spent it. UNIDENTIFIED SPEAKER: From the sale but we spent all of it in the event itself. Mr. De Turret So you didn't clear anything? OK. UNIDENTIFIED SPEAKER: No. Mayor Suares: Yes, but you're applying 32 percent to the gross sales of beer and wine. So you're going to have to sake sure that you can... Mr. Plummer: That's normal for the City. We get 42 percent in the Orange Fowl. Mayor Suares: You got to sake sure that it's worth it for you to sell beer and wine, otherwise put it out for... Mr. Plummer: Oh, they'll still sake SO cents on every dollar. Mayor Suarez: I would think they would but... Mr. Plummer: Ten. I move item 66. Mayor Suarez: Call the roll on that last motion on the sale of beer and wine. Mr. Plusmeri Oh, I'm sorry. That's what I meant. THE PARAMETERS OF THE HEREINABOVE MOTION ARE CONTAINED AND FORMALIZED IN RESOLUTION 88-811. ATES: Commissioner Victor De Turre Commissioner !filler J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez VMS I ANSBUTt None. Y J_ D.t St n . b F L { h JX 55. HISPANIC HnITAGR FESTIVAL - grant request for use fee waiver of Sayf root Park amphitheater, with provisos. Mr. Plummer: I move 66 - 65. Mayor Suarez: Sixty-five, Hispanic Heritage. Mrs. Kennedy: Second. Mayor Suarez: Item 65. Do you have a motion and a second? Mr. Plummer: Yes. Mayor Suarez: Any discussion? Mr. Plummer: Do we need the permit here to the waiver for the sale of beer and wine also? Mayor Suarez: No request for that, please don't complicate it. Mr. Odio: Not request that. Mr. Plummer: Well, wait a minute, Mr. Mayor, I'm on the board. Mayor Suarez: Do you think they're really going to want it later? Mr. Plummer: I'm on the board, please don't lot me get in a jam. Mr. Odio: They did not request that. Mr. Plummer: Wall, but can I request it, as a member of the board? Mr. Odio: Are you going to pay the 32 percent? Mr. Plummer: No, I'm not going to pay you that because this is a sea profit outfit and it's for the benefit of this City and we already contribute to that organization. I would include that the waivers for the use of the Sayfroat Park and the permit to sell bear and wine be granted for the dates as requested. Mayor Suarez: What is special about Hispanic Heritage Festival that is not special about Light Up Miami, if I may ask? Mr. Plummer: Because the Hispan... Mayor Suarez: Light Up Miami features the name Miami and it's more specific event to the City than Hispanic Heritage which is a countywide... Mr. Plummer: Well, let me give you just one facet of the Hispanic Heritage, Mr. Mayor. This year we will be going to, I think, what, 33 countries with the Miss Hispanidad contest and we will have a great deal of free publicity out of that for the City of Miami. Mayor Suarez: I'll approve this if you go back and do the same thing for Light Up Miami. I don't see why you can impose it on one case and not the: other. Commissioner, I'm sorry.. Ffi D,. t y4- Mr. Plummer: I will acquiesce to that. OK? In fairness that they have the right, if they wish to sell beer and wine, City gets 32 percent. That vmld a, be up to the board. Mr. Dawkins: That's wonderful, either way. Mr. Plummier: No. Mr. Dawkins: wither ways both get 32 or some. Mr. Plum rl I'll ""IFt that. } � ya k ,A 61 0 Mr. Davkine: OR. Mayor Suares: That's an awfully high percentage. That's part of the problem too, 32 percant of gross. Mr. Plummer: Too, I understand that. I move it under the circumstances that the waiver be granted free of charge for October d and 9 and if they Nish to sell, we grant the permit for beer and wine. If they do take that option that will give 32 percent of any proceeds to the City of Miami. Mr. Dawkins: Of gross or net sales? Mr. Plusmere Gross. The sasa as it was before. Mayor Suares: Of gross, it's got to be gross because it was for the other One. Mr. Dawkins: To ma that's too such for either one but go ahead. Mayor Suares: I think it is too such for either one. Are you sure you don't want to reconsider that amount? Mr. Plummmer: Utcuse me, Mr. Mayor, I'm sorry. You know, I's talking against my own organisation but in the Orange Bowl they pay the City 42 percent. Mayor Suarese Wall now you're talking against your organisation. Before you were talking in favor of it. Now you've changed. Mr. Plummer: No, I'm still saying that in the Orange Bowl... Mayor Suarez: So I'■ giving you the in between. I'm saying if you want to go to 15 or 20 or some, you know, it gives them a little bit more profit margin. Anyhow... Mr. Plummer: I'd like to stay consistent with all City lease concessions. Mayor Suarez: You want to stay with 32? I don't renumber the 32 ever being applied but if you tell se that's what we've been applying in other cases... Mr. Plummer: Forty-two point one in the Orange Bowl. Mayor Suarez: Thirty-two percent. Mr. Plummer: Yes. Mayor Suarez: Keep it simple, mathematics. OK. So moved for both. Call the roll. r y ri h_ 2 i x A'�z r 4 Ms tt d �_�si ,31�y�•y .. A The following resolution was introduced by Commissioner Plummer, Who moved its adoptions RESOLUTION NO. 88-812 A RESOLUTION CONCERNING THE DISCOVERY OF AMERICA CELEBRATION TO BE CONDUCTED BY THE HISPANIC HERITAGE COMMITTEE, INC., HEREBY DESIGNATING OCTOBER B AND 9, 1988 AS TWO OF THE THIRTY ( 30 ) DAYS RESERVED FOR USE BY THE CITY PURSUANT TO ORDINANCE NO. 10348 WITHOUT THE USER PAYING THE FEES FOR THE PARK, IF THE USER IS WILLING TO PAT THE CITY THIRTY-TWO (32) PERCENT OF THE GROSS SALES OF BEER/WINE OF SUCH EVENT; 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; IN THE ALTERNATIVE, DESIGNATING OCTOBER B AND 9, 1988 AS TWO OF THE DAYS RESERVED FOR COMMUNITY USE, FOR WHICH THE USER MAY PAT A FEE; FURTHER CONDITIONED UPON THE ORGANIZERS PAYING FOR ALL OTHER COSTS OF CITY SERVICES AND UPON 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 Clark.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Millar J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 56. CATHOLIC COMMUNITY SERVICE, INC. - grant request for use fee waiver regarding office space at Manuel Artime Community Center. Mayor Suarez: Item 66. Ms. Mercedes Campana: Mayor and Commissioners, I am Mercedes Campana from the Catho... Mrs. Kennedy: Mr. Mayor, I'd like to move 66. Mr. Plummer: What is ... Mrs. Kannedy: It's a fee waiver like we did for them last year of $5300. Mayor Suarez: For office space in the Manuel Artims Community Center? Mrs. Kennedy: for office space, right. Mayor Suarez: We have a motion. Do we have a second? =' Mr. Plummer: What is this office space used for? No. Campana: Social services. Mr. Plummer: And you're a part of the archdiocese of Mimi? ' Ns. Compass: Too, we are. We do sot receive M001 gas WW' All of our fwrbe eom frm the arehdioaose 484 %M ,- t k is the last Harass roar, ),#is Ghosts Per Four, 01 _. �s:<,. , . f i Mr. Plvmmert That's not my point. My point is I can't imagine that there's not a Catholic Church in which there's space already available. I know of one right close to you where there's a lot of space because I just sold thew a big tract of land that they're not using and to come here and ask us to give up $3,300 is the only thing I'm questioning. You perform a tremendous service, no question about it. Ms. Campanat What can I tell you? The Catholic Community Service is separate from the. Mr. De Turret gxcommunicato. Mayor Suarez: You have a motion. Did somebody second it? Mrs. Kennedy: No. Mayor Suarest Nobody seconded it? I second it, I'll second the motion. Mr. De Turret What's the motion? To move it? Mr. Dawkinst What was the motion? Mrs. Kennedy: To rent them the fee waiver of $5,300 for a year at the Manuel Artine center. Mayor Suarez: I seconded it. Mr. Plummer: I'■ going to vote for it. I just think that... Mayor Suarez: Otherwise, you'll get excommunicated. Mr. Dawkins: Or you'll get excommunicated. Mr. Plummer: Wall, you know, I might get excommunicated for other things too but, you know, it's the idea that I think you ought to endeavor... Mayor Suarazt That's what I was thinking, for other things. Mr. Plummers ... to try to find some space that the church itself has is the future and then we could, you know, give this to some other organisation that doesn't have that availability. Mayor Suarez: That is true, I'd go along with that, that for ensuing rears, you really sake an effort because we have other organisations that have no access to space anywhere else. Mr. Dawkins: And, boy, Bishop Carroll got a ton of vacant space up there on Biscayne Boulevard. Tell him Miller Dawkins said that. No, Brian Walsh, I can deal with him better than I can with Bishop.... Mr. De Turret About Camillus House? Mayor Suaraz: Call the roll. Somebody call the roll. Mrs. Kennedy: OK, we have a notion and a second. Mayor Suarez: I think you made it so... call the roll, please. Mr. Plummer: Call the roll. Mayor Ouaress Before you get excosmmunicated. r a: 4t t t YcP ;:M The following resolution was introduced by Vice Mayor Kennedy, who moved its adoptions RESOLUTION NO. 68-613 A RESOLUTION GRANTING THE WAIVER OF THE USER FEE FOR OFFICE SPACE AT THE MANUEL ARTIME COMMUNITY CENTER TO CATHOLIC CONNUMITY SERVICES, INC., LITTLE HAVANA OUTREACH OFFICE, IN AN AMOUNT NOT TO EXCEED $5,377.56 ON A MONTH -TO -MONTH BASIS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------- NOTE FOR THE RECORD: Items 67 and 68 were withdrawn. Further, there was no interested party appearance noted in connection with agenda item 69. Item 70 was deferred unanimously. ------------------------------------------------------- 57. GREATER MIAMI UNITED - discussion of request received for financial relief and support of their technical assistance program. Mayor Suarez: Item 71 - Greater Miami United. Good to see you, chief. Mr. Odio: Mr. Mayor, Greater Miami United was allocated $100,000 of CDBG loth year funds as an economic development project. However, HUD is questioning their eligibility as an economic development project and is arguing that this is an administrative expense and because of this, community development has not been able to disburse... Mayor Suarez: An administrative expense, is that what you're saying? Mr. Odio: ... any of these funds. Administrative expense, yes. And we have not been able to disburse any of those funds because we would lose the funding from HUD if they disallowed these expenses. Mr. De Yurre: You know, what's the procedure for that then, legally? Mayor Suarez: What do you see as a solution to this? Mr. Frank Castaneda: We've been in a lot of discussions with M. I understand from Ernie Martin that there are some people in I= that bawe changed their opinion on this issue. We have not been able to get confirmation on that. I know that Toni's working on that as well. Mr. De Yurre: What can be dons to expedite it, that decision precept _f Mr. Odio: All we can do is go back to MOD and I will promise pw W0111 d that and try to convince them that) that's all..x i • 1 : Ms. Piunwr: Wait, wait, wait. You're saying that we under the promise of economic development and I= to # saying it's aMinistrative cost. *��; 0 Mr. Castaneda: That's right. Mr. Plussmar: Where also do we give $100,000 of sonny? Mr. Castaneds: I'm sorry? Mr. Plummer: I'm not talking about windshield wipers. What source can you go to? Mr. Caetaneda: No, the only problem is that this type of problem there's eligible and economic development are under social services and as you know, we're at the cap on social services and social services the top priority is food. It has to be an economic development project and we have to fight them on that issue, that's the only alternative and I would like Antonia to may something on the issue. Mayor Suarez: Mrs. Gary. Mrs. Antonia Gary: Well, we've been here a couple of times before and !rank and I have had many conversations... Mayor Suarez: Can you put your name on the record, Mrs. Gary? Mrs. Gary: Yes, Antonia Gary, executive director of Greater Miami United and I also have Lorraine Charney, one of my chairmen, and Claire Railey one of my board members hare. Mr. Plummer: I thought you were resigning. Mrs. Garys I have, effective September 30th so I'm still very much on board. Mr. Plunmaers Oh. One last shot. Mrs. Gary: That's right, going down for the count and hopefully we'll get some reprieve. From what I understand, and !rank and I have been trying to work on this together and find out where there can be some relief. There is apparently some ssovament afoot by the national community development association, their lobbyists, and the association members including Frank, to have the HUD regulations actually changed, rewritten for next year which Include a line which would expressly state, under economic development, eligible activities, technical assistance to not for profits. That expressly written line is not in this current set of regulations and from what we understand, the staff that wrote those rage have admitted that that was an oversight. But what that doesn't help is the interpretation by the area, Jacksonville area auditors, in this came someone who is by the letter saying that we are not eligible. Mr. Plummer: Aren't they providing social service? In a way? Mrs. Gary: Although, throughout the country, there are other examples of technical assistance providers like GMU which are currently being funded and are not being penalized as the Manager anticipates. Mr. Plummer: Toni, aren't you really, in effect, providing a social service? Mrs. Garys No, we work only with community development corporations in their process of community revitalisation, in their process of building low moderate income housing and their process of building commercial areas, industrial park development and providing direct technical assistance to their boards as they engage the business in slaking decisions of community economic development. Me ;=r; have several... Mayor Suares: Which specific, if I may ask, economic development, shoppinS center, or other venture has Greater Miami United made viable is the City of Miami in the last couple of years so that I can be ware of it? Mrs. Gary, Thera are several CDC's that we have be" ow" with `M continuous basis including St. Jobs's CDC, the Coconut Ore" LOCO the ftJ%U Task Force... k Mayor luares: OTC, you've given me two and I know the Commission is, but that of and if that's what Great.... that I an particularly fond of myself yet to put one brick up that I'm aware Mrs. Gary: Mr. Mayor, as you are aware, sometimes the process of putting up the first brick can take many, many years and some of the more mature CDC's throughout the nation have had 10, 15 years of history without putting up the first brick... Mayor Suarez: Yes, I right - that's the same... Mrs. Gary: ... so we're building capacity, that's exactly what we're doing. Mayor Suarez: The same is true of Overtown Park/West but I'll tell you, if you add up all the funding that we give for organizations that are supposed to be making these things viable, just add it all up and give it to somebody to build something, sometimes it seems like we'd be building more than if we just, you know... we have to get results out of both St. John's Economic Development Corporation, which I think is a magnificent entity, and Coconut Grove LDC. At least for myself. Otherwise, I'm going to take the money and give it to somebody who, in the past, has actually built something worthwhile for us and that's just my opinion. That's why I asked about GMU's involvement in our economic development efforts because, frankly, we've got a housing conservation agency working awfully hard, we've got a community development department, we've got department of development, all of which, I think, beginning to get things done and I don't know. Mrs. Gary: Mr. Mayor, if 1 can respond to that. Your comments are certainly reflective of a particular strategy and policy which you have the prerogative to accept. Currently and in the past two years, valve been operating under a plan and a strategy adopted by your Commission and supported with the comimunity development block grant funds which does, in fact, support providing technical assistance to the CDC's which you fund. Because without it, many of them do, in fact, fail. Mayor Suarez: Yes, I... Mrs. Gary: They often grown up from grass roots efforts and in building their own boards and deciding on what kinds of projects are viable and just is working with your own City staff, they do need assistance. And it's been recognized as a very important support to the CDC's... Mayor Suarez: In fact... Mrs. Gary: ... not just in the City but throughout the nation. Mayor Suarez: As to St. John's, I can read to you a memo that was received yesterday from Mr. Bailey to the Manager, copy to all of us on St. John's economic - or actually community development corporation and, as Cosmaissioner Plummer here has just made available to me, because I had it on my desk, I had not been able to digest it because of some other happenings around town but it does look like substantial funds have been obtained for those 28 unit townhouse project including surtax approval, first mortgage approval by Homes for South Florida and the construction financing by also Homes of South Florida. But we are very close, it seems like, on St. John's Commamity Development Corporation and, hopefully, the ingredient of GMU will make it viable but valve got to show that to the people of Miami. Otherwise, they're going to come back hers and ask us why we're, you know, constantly trying to make viable things that don't seem to be viable. Mrs. Gary: As a matter of fact, Lynette Williams, who'■ the director of tho TRC is working with St. John's and is doing some board training with them. I think it's giving up a Saturday - is that schedulodt diving up one of her Saturday's all day to work directly with them. Mayor Scares: I remember giving up one of my Saturday's to be at one of their organisational meetings but it was about two and a half year age sM %*a sort of sitting around waiting for the first major thing to bappm dmf 1#16 hopeful that 00 can make that happen. Mrs. Aarys Only with support of the dollars that we so" from Mis City. A Mayor suares: What - OK on that issue, Frank, than what do you want to do? Do you want to try to resolve it? Mr. Odio: I'd like to try to go back to HUD and see if we can convince thew that this is an allowable expense. Mayor Suarez: They proved themselves to be particularly responsive from phone calls, letters from us and we'd be happy to work with you on it, Toni. Mrs. Gary: I would like Claire Railey and Lorraine to address the Commission since they have taken their time to be here with you this afternoon. Ms. Claire Railey: I think one of the concerns that ve have is the length of... Mayor Suarez: Give us your name please, Claire. Ms. Railey: Claire Railey, 1032 Catalonia in Coral Gables. And I think the concern is the length of time that, you know, we've been dealing with the funding issue, even in the beginning, back in February when you go through your planning process. And at the point we're now, which is early September, and the budget year having started in July and under the assumption originally that we had this money, we've got to continue business and need something to happen immediately so that we can start getting some dollars. The bottom line In, you know, you can't run on zero funds so I think that's something that we need relief, whether we go ahead and receive the funds, recognizing there's an appeal process to go through... Mayor Suarez: You know... Ms. Railey: ... and then undoubtedly being able to gat the money. Mayor Suarez: ... the question we always ask here is cuando. When are we going to get these things done and you've given me some of the things that you have to overcome. God knows I know the obstacles, we've all worked together on these things and I, you know, I'm happy to see that you're working awfully hard. In the Coconut Grove LDC I don't know that - do we need - does Coconut Grove LDC need additional staff support or consulting support or economic development consulting support from GMU that I'm aware of? I didn't, you know, I mean if they - but they're also another group that's been sitting on their project for I don't know how long and I think we've now finally allocated enough monies that they - aren't they groundbreaking pretty soon or Is that just an idea of mine? Didn't I just receive a notice that they're beginning on their project? Ms. Lorraine Charney: If I may, I'm Lorraine Charney, I'm one of the tri- chairs of Greater Miami United and I's fairly familiar with what the status is of the Coconut Grove Local Development corporation project is because I was at the hearing that the Coral Gables Commission held at the local junior high school. Mayor Suarez: OK, that's the housing project over by the U.S.I. Me. Charney: Yes, it was a problem having to do with infrastructure which I believe is moving forward and they have pretty much resolved those problems. Mayor Suarez: I think they are going to do a ground breaking out there but the corner of 37th and Grand is not particularly moving that I'm aware of. Ms. Charney: Sometimes it takes a long time for these things to look like they're making progress and they actually are making progress behind the scenes. But the issue that we are dealing with here today is one of stro" assurances, virtually a hundred percent guarantee that we were going to have the funds last April and here we are, five months later having to draw on other resources because the funds that we thought were going to be no" available last April have not been made available and it has put this �u organisation in a terrific financial bind and we are simply asking that the promises made in the budget cycle, which has ended, be fulfilled. Asd it's a very important issue for us. The work that we do with the technical rosomm center is essential as part of the support structure for our local cos Jtlr development corporations. lf!' R� < c, h� Mr. Plusmser: Just for the record, it was not approved by this Commission until the funding cycle that starts July 1. Now, ghat you figured back in April is you're fine. but the funding cycle does not start until July 1. Ms. Charney: Right. Mayor suares: We don't need a notion on slaking the further efforts to get the Interpretation changed, Herb, Frank, anything? Mr. Plummer: What else can we do? Mayor guaras: Don't hesitate to let, you know, get us involved at the personal level with the phone calls to HUD and whatever may have to be done. Anytime between now and November - after November I don't know what will happen in terms of their responsiveness to us. Maybe you'll have to go to a Vice Mayor Kennedy or somebody else, I don't know. Mrs. Gary: I'■ not sure if that's going to really be the relief that we need because the intention and the disposition of your staff has never been not to pursue the question with HUD. The question that we present to you today is whether or not your City administration and staff is willing to take the risk up front on the assumption that the relief will be provided by HUD based on any reinterpretation or expanded rulings to release the funds that were obligated in April to begin in July so that we can continue operation at the budgeted level we had anticipated. Mrs. Kennedy: How much are we talking about? Mr. Plunsser: A hundred thousand. Mrs. Gary: The total annual budget is $100,000. We have incurred approximately $14,000 in expenses based on the proposed budget for this current fiscal year, since July 1. Mrs. Kennedy: Because you're already into your fiscal year. I know. Well, so what are we doing? !rank, are you going to be trying to help them out with HUD? Mr. Odio: I'll go back to HUD and try to expedite it. I can try to expedite with HUD but that's about all we can do. We cannot advance any money, we don't have that money. Mayor Suarez: Best we can do. Thank you for your presentation. Mrs. Gary: Thank you. Mr. Plummer: Well, you know, I think a point though is well made that we ought to do that we've not done in the past, Mr. Manager. And that is, that In each and every one of theme grants there should be a stipulated clause added that none of these monies are guaranteed until approved by HOD. Mr. Castaneda: The resolution said that. Mr. Plummer: It already says that? OK. ' X�Y t' F k .Y .J -AL"! 7- 1,h F St. RESTAURANT AT BICENTENNIAL PARK - authorise development of an RPP, based on a two-year lease, for conversion of existing cafeteria. Mayor Suarez: Item 72. Purple Heart Manufacturing Company. Are they present? Teo, sir? Mr. Hassan Ruhamin: Yes. My name is Hassan Ruhamin and I'm with Purple Heart Manufacturing Company, SS N.E. 24th Street, Miami. Basically, Mr. Mayor, this... Mayor Suarez: Bicentennial Park, converting it from a cafeteria to a restaurant. You mean converting it from nothing to a restaurant. Mr. Plummer: No, no, no, no. There's a little fast food thing there now. Mrs. Kennedy: No, converting the - yes, the fast food place. Mayor Suarez: There is? Mrs. Kennedy: There's like a little cafeteria, this little... Mr. Plummer: Yes, it's been closed for years. Mayor Suarez: Who runs that? Mr. Plummer: Nobody, it's been closed for years. Mayor Suarez: Oh, that's what I swan, from nothing. Mr. Odio: That's where we have the marine patrol offices... Mr. Plummer: No, no, that's in the pumping... { Mayor Suarez: You have a theoretical little fast food place there. Mr. Odio: You mean the one where we used for the Grand Prix. Mr. Plummer: Are you talking about the one at the water or the one at Mrs boulevard? Mr. Ruhamin: No, the one on the water. Mr. Plummer: Yes, that's the one that's been closed for years. Mr. Odio: Oh, OK, that's what we used for the Gran Prix - OK. Mr. Plummer: Or VIP. Mr. Odio: Well, we have to go... Mayor Suarez: Well, you're not here to - you're asking us to take some action on this but not to give you any money or anything like that, are you? Mr. Odio: No, no, you cannot take action on this, Mr. Mayor, lot me eXplaim. Mrs. Kennedy: We have a master plan. Mr. Plummer: Wall, why? Mayor Suarez: Well, we can take more action than we've been taklne for Uwe f last three years, Mr. Manager, which is nothing. Cam we So out asd slWIM, Pj* = . it out !or bids or do something! Mr. Odlo, That's what we mead to do.r". Mayor guaroal Thank you. r Mr. 06101 That's what I was going to "T. � ;1 Mayor luarese All right, is that the kind of thins that you would like us to do? Put it out for bids to see who is interested in operating a restaurant there so you can participate in the bidding process, sir? Mr. Ruhamin: No, Mr. Mayor. What I'm trying... Mayor Suarez: He wants to give you the park. OK, go ahead, give us your passe and tell us what you went. Mr. Ruhamin: Again, yes, my name is Hassan Ruhamin, Purple Heart Manufacturing Company, 55 N.E. 24th Street. Mayor Suarez: Move it a little closer to you. Mr. Ruhamin: Basically what it is, 1 sometimes have lunch at that location because it is, as far as... Mayor Suarez: You bring your own stuff. Mr. Ruhamin: I bring my own stuff, yes. And it seems to be such a, you know, ideal spot and with everything else that is happening in the City of Miami, I thought it would be a grand idea for something of this nature to happen there. Mayor Suarez: You know what happened, of course, you know the history that that little shop opened on the first day, somebody got mugged, I think, and killed and that was it. Mr. Ruhamin: Ah, yes... Mr. Plummer: No, no, no. The operator got hit in the head with a two by four. Mayor Suarez: Right, and... Mr. Plummer: That's true. Mayor Suarez: ... was not disposed to cone back and that's how well plaaned that park was but maybe we can do aomsthing about it, I don't know. There's a lot more activity in that area. Mr. Ruhamin: That's the whole idea. It's an ideal spot, it needs a lot of work. You know, I'm sure the City has spent a lot of thousands of dollars there — Mayor Suarez: Oh yes, millions too. Mr. Ruhamin: ... to get those seating there and everything is dilapidated, it's a disgraceful situation and that's what I'm trying to revive back and get aome thing there with the help of the City Commission. That's what I'm looking for. It's to bring a proposal, get some final figures on that and see what the prospects are if I have the blessings of the Commission, of course, the City government, I'm willing to give that a good shot. Mayor Suarez: Sometimes when we do, you know, on a situation like this and it's kind of admitting it's sort of a confession against interest here, an admission against interest is we try to put this out for request for proposal, you know, we want people to compete. And in the process, we make the requirements such that nobody wants to be able to compete for it and we're back to where we started from. Hopefully, we won't do that in this cue and, Mr. Manager, something that's been so inactive and, you know, wasteland is out, you'd think that we'd sake it as easy as possible for people to cola is and... Mr. Odios What I rocosmond we do, we put out an iVP to see who'd bid ea it and do this on a temporary basis, on a short torn basis... Mayor 8uaress It would have to be. Mrs. Kannodys Right. Mr. Odio: ... because there's a *&star plan for that park and particular area to develop that into something else Mrs. Kennedy: I was just asking, Mr. Mayor, the parka department, when are we going to be starting construction and they said in about two years so I don't know if anybody would be interested... Mr. Odio: So we could do a two... Mrs. Kennedy: ... to do all the improvements for two years. Mayor Suarez: Construction of what? Mr. Odio: No, we... Mr. Plummer: Construction of what? Mayor Suarez: Construction of what? Mr. Odio: A baseball stadium. Mr. Plummer: What? Mr. Odio: Hopefully. Mayor Suaraz: The parks department wasn't going to start construction... Mr. Odio: We can build a stadium... Mr. Plummer: Don't hold your breath, two years. Mayor Suaraz: You guys have budget to fix that park up? Mr. Odio: No, we don't have any budget for that park. Mr. Sergio Rodriguez: The other two things you have to take into consideration is the Grand Prix... Mr. Plummer: Teo, Commissioner Dawkins is going to raise $30,000,000 to do the other half. Mayor Suarez: You picked a good time to... Mr. Plummer: Is he asleep? Mayor Suarez: But Henry's over there, he's ready to answer you. Mr. Rodriguez: The other thing you have to take into consideration is the Grand Prix limitations on the use of the site and that has to be worked out within the contract. Mayor Suarez: Well, I would hope that we can at least have a little restaurant there and still have the Grand Prix. Mr. Rodriguez: Right. Mr. Odio: If you so wish... Mayor Suarez: Mr. planning director, air. Have you got any other iwpediments rs you can coma up with? x Mr. Rodriguez: And the other one is that you recently approved the Cityialr 7 and you have to also include in the contract soave... Y Mayor Suares: That's eight days. �E Mr. Rodrigues: ... saw coacsssion Sor that. I don't kww hm Soon t j talking about but you have to take that... Mayor $"rose And it's only one year and eight days MW lt113 be ow << we get aaywMrs oa this. 00 Mr. Rodrigues: Other than that, I think... Mayor Suares: But after that, we have to build in a - right. Mr. Rodriguez: The RYP will allow us for the plan of the... Mr. Odic: I don't know if it would be.... you know, for an investor to come in there and invest heavy money for a one or two year contract, and... Mayor Suarez: Well, what he's saying is basically reopening what's there and that sight not cost a lot and it would at least be a... Mrs. Kennedy: It's better than what we have, that's... Mr. Ruhamin: Mr. Mayor, what this is, it's a brand new idea and... Mayor Suarez: It's better than what we have which is nothing. Mean, a hot dog vendor would be better than what we have. Go ahead. Mr. Ruhamin: What I can't understand is, this idea now case up to convert that place into something that people can use and why are we now going to waste some time in going in for out to bid. I'm here, 1 want... Mr. Plummer: Sir, excuse me... Mayor Suarez: That's the law, sir. Mr. Plummer: ... the charter says on any waterfront lease, we have to go to a referendum. Not just a bidding procedure. That's the charter. Mayor Suarez: Well - yam, it... j Mr. Ruhasin: OK, Mr. Plummer, than do whatever you have to. What I'■ saying... Mr. Plummer: That's what we're saying, let's do it. Mr. Ruhamin: OK, let's do it. Mayor Suarez: I think if we do it in a short term basis as a management contract or something is probably a way to avoid the referendum, I think, on this. Mr. Plummer: Well, if you get more than three bids, you don't have... and a fair return. Mayor Suarez: And if you get more than three bids. And if you sake the RFP, you know, accessible enough to people, I think we'll get more than three bids. Mr. Odio: If that's what you wish, I'll put out for a two year contract. Mayor Suarez: Absolutely. Mr. Odio: I don't think we should go beyond two years. Mayor Suarez: I would even may one year. w Mr. De Yurre: One year. a Mr. Odio: Or one year contract.' Mayor Suarez: One year. Mr. Plummier: Why don't you make it a one and one at the option of the Cott. k:. Mayor suares: One and one at the option of the City, sun.,'' f Mr. Do Yurre: Option to the City. J+ ` Mr. Cdio: ?he option with us. OK. Mr. be Turre 1 ?bat's right. t � Y^ � Mayor faeces: Right. OK, we'll entertain that in the form of a motion so we gat this rolling. Mr. Ruhamin: Let me just... Mayor Suares: Wait, wait, wait. Listen, we don't usually do things this fast. Mrs. Kennedy: Sure, I moved the.... Mr. Plummer: We instruct the administration to develop an APT for the cafeteria at Bicentennial Park based on a one - a two year, one and one year option, the second year at the option of the City. Mr. Odio: I'll bring an RFP back the first meeting of October for your approval then we publish it and... Mayor Suares: OK, we have a motion and a second. Call the roll on that. We're going to let you explain your idea in a second, sir. Mr. Alfonso Lobo: Yes, yes, my name is Alfonso... Mayor Suarez: Wait, wait, wait, wait, wait.... we're going to call the roll. The following nation was introduced by Commissioner Plummer, who saved its adoption: MOTION NO. 88-814 A MOTION INSTRUCTING THE CITY MANAGER TO DEVELOP AN RFP FOR A RESTAURANT AT BICENTENNIAL PARK BASED ON A TWO TEAR LEASE ( ONE PLUS ONE YEAR OPTION BY THE CITY ON THE SECOND YEAR)i FURTHER INSTRUCTING THE CITY MANAGER TO SCHEDULE SAID ITEM FOR OCTOBER 13, 1988. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Now your idea is to have some kind of a boat restaurant there? Mr. Lobo: Yes, my name is Alfonso Lobo. My company is Frontier Enterprises from San Antonio, Texas and we have this river boat which has five restaurants and two bars and we had... Mayor Suarez: How tall is it, how tall would it protrude from the water? Now many feet is that? Mr. Lobos Fifty-six foot high. And it's... Mayor Suarez: We had a proposal to do something similar to that off the F= property. I don't know if you've talked to anyone is the City about that 18wd part of the objection was, how high it vas but that loeksu lwer maybe tbas... Mr. Lobos Yes, this to a river boat that is a paddlewMelsroo $owe sudsor to the ease they have on the Mississippi liver. Mayor Suares+ OK, what we're going to do as this becomes we ir"Ilp bwl # ` personal appsarsnce regmestod by yourself, I beIlevee: xr`F Mr. Lobos Teo. Qs Mayor Suarez: Is that you work with the City Manager's office on the preparation of the RFP so that it allows something like that if, in fact, the City Manager determines that something like that would be viable on that park. It might be that it's more viable on the next - I hesitate to call it a park, but the next plot of land that we have there - it's called the FEC property and which is right now a wasteland and maybe that makes more sense for over there. But we're very preliminary at this point, we don't even have an RFP, we're not too sure where we want to head except that because of future planning for those two parks we have there and because of other constraints, we're not going to be doing anything on a permanent basis for at least the next couple of years so it would be a year with an option to renew and within that constraint, you'd have to apply, the Commission, I think, is clear on that but otherwise, we're not too sure what we want to put there so work with the Manager' staff on your idea and, hopefully, the RFP will allow for something like your proposal and maybe you'll win out the bid. Mr. Lobo: OK, well the situation, the reason why I wanted to oppose the item is because we - in case that we get approved for bringing the boat to that particular site, we will need the building that they are talking about on the corner for our corporate headquarters and also a servicing the park. Mr. Plummer: What boat? Mrs. Kennedy: He wants to bring a boat... Mr. Plummer: What boat are you talking about? Mayor Suarez: We're re... Mr. Plummer: What? What boat are you talking... Mrs. Kennedy: I think somebody missed the boat. Mayor Suarez: The next time you make a presentation... Mr. Plummer: Where in the hell did that come from? Mayor Suarez: ... I suggest you don't mention the corporate headquarters being located in the park. Other than that, your presentation was going real well and in the meantime, meet with them to see if they can work, you know, the parameters of the RFP such that it would allow something like that. Yw actually have, not quite a master plan, but we have a very nice rendering by our own staff of what we'd like those parks to look like. I don't know, have they met at all with planning or with... Mr. Plummer: Hey, go talk to Rouse, we just approved a second slip over there at Rouse. Mayor Suarez: Yes, you've got to meet with the City Manager's staff first, sir. Who would be the ideal person on his concept? Mr. Plummer: Davey Jones. Mayor Suarez: There they are and you can go ahead and make your appointments. We're going to start moving on this... Mrs. Kennedy: Yes. Mayor Suarez: ... and maybe something interesting will happen so you don't have to take your lunch over there. Mr. Ruhamin: No, but what I'm saying is that, it been going for a two, you know, deal on this, what happens after the two year, Mr. Mayon* Mayor Suarez: Well, we're hoping to be able to have the money to develop # master plan for those two parks and put out for bids to national compmIss that night cons in and spend... Mr. Dawkins: Mr. Hassan, if you or the other gentleman can ohm us v Mee you can make mossy and pay the City of Miami money, YOU won't UV* # prokloo. ,V ? 4 1- 0 "" -.� I Mayor Suarez: I think that's probably right. In view of what we've got there which is nothing, it's a wasteland as you have pointed out, this is the fastest we've acted on anything like that in a long time. But we are master planning the arse, that's the decision of this Commission. Mr. Plumserr Are you ready for the next one? Now you're making the windOW washers homeless, because that's where they all live. Mayor Suarez: OK, thank you, sir. Mr. Ruhamin: Thank you so such. Mrs. Kennedy: That's the solution. OK. 59. CARISBEAN MARKETPLACE BUILDING - reaffirm City taking first position along with State of Florida in buying out a loan from People's Bank to the Haitian Task Force for establishment of the building. Mayor Suarez: Haitian Task Force. Mr. Odio: Yes, air, you know that we give them a City loan mortgage of $150,000 through the State of Florida for the development of the proposed Caribbean Marketplace in Little Haiti. We were ordered by the Coamission that we would have a first position and they want this to change so they would have to get approved... Mr. Plummer: Well, they don't want it really bad because Roger called me and said he was going to coma by and he was going to show se all the documents that he had and he's never came by to show me the documents so I guess they're really not interested. Mr. Robert Lamont: No, Commissioner, I did - first, my now is Robert Lmont. I'm the executive director of the Haitian task force, 7486 N.E. 2nd Avenue, Miami. I did call your office about nine times. I dropped off the documents In your office and your secretary said you were out of town. Additional to that, I had spoken with... Mr. Plummer: Ten days. Mr. Robert Lamont: ... I had sent copies to all the other members of the Commission to make sure that they got a copy of what I sent you. Mr. Plummer: OK, the first question that was to be asked, how much is the bank charging to buy out the loan? Mr. Lamont: Nothing, we've corrected that which was Commissioner De Turre's comments. Mr. Plummer: Has that been - that's now satisfied? Mr. Lamont: That has been agreed. Mr. Plummer: Now, have you given us a document documenting what you told me` on the phone that the project value is in excess of $900,000t �;- Mr. Lamont: yes, I did, I left that in your office. Mr. Plummer: And you have given us a document showing that you bavo a *111JOG dollars worth of insurance? Mr. Laimont: Ton, I do have the in... I didn't bring the - I didn't seed a copy of the policy but I do have that in the office. Mr. Pluwr: Yell... A Mr. LamomtI And a. part of the aoutraatles tingemsi" w0,00 AemeriTirst to haws a 4111LOG dollar@ 1me~ft0*. f, J. Jn to ` �� ,e x . , r � Mr. Plummer: OK, look, my problem's not with you. My problem is Is the people that I pay, that they should be arguing in my behalf, I represent the taxpayers of the City of Miami, that by God, that my money's just as important to these people as the state dollars and the foundation dollars. And I can't, for the life of me - I'm going to give in this time because you're guaranteeing collateral in excess - but I think the City of Miami has every right in the world to demand that we be in first position. OK? Mr. Lamont: Nall, Commissioner, what we've done, we've renegotiated with the state local initiative support corporation has subordinated itself to second position and the City of Miami and the State of Florida are going to he" equal lien position in first position on the project. Mr. Plummer: Thank you, that's all I ask for. OK? Kra. Kennedy: So then, this gives them second position... Mr. Plummer: All I ask for... Mr. Lamont: Yes, ma'am. Mrs. Kennedy: And they accept that. Mr. Lamont: Yes. Mr. Dawkins: Say that again now. Mr. Lamont: The local initiative support corporation is going to be in second position and the State of Florida and the City of Miami are going to be in co - first lien position on the project. Mr. Plummer: Fantastic. Thank you. I move the item. Mrs. Kennedy: Second. Mayor Suarez: Moved and second. Any further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moaned Its adoption: MOTION NO. 86-815 A MOTION REAFFIRMING THE CITY TAKING FIRST POSITION ALONG WITH THE STATE OF FLORIDA IN BUYING OUT A $150,000 LOAM FROM PEOPLE'S BANK AT THE SAME TERMS AND { CONDITIONS THAT WERE APPROVED BY THE CITY COMMISSION TO THE HAITIAN TASK FORCE FOR ESTABLISHMENT OF THE CARIBBEAN MARKETPLACE BUILDING, WHICH SAID AMOUNT WAS PREVIOUSLY LOANED TO THE AFOREMENTIONED ORGANIZATION BY THE PEOPLE'S BANK. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins,+ Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NMI None. X- ASMWo Ms. Lswnti Thank you. :... � z , 60. NEST INDIAN AMERICAN DAY CARNIVAL - discussion concerning request for street closure. No action taken. Mrs. Kennedy: Seventy-four. Mr. Odio: The Nest Indian American Day Carnival Association is requesting a five-year permit. Mrs. Kennedy: Oh, we took care of them - yes. Mr. Odio: But you took this item out of order and they got one... Mrs. Kennedy: For one year. Mr. Plummer: One year. Mrs. Kennedy: So that was done. Mr. Odio: One year, 74. Mr. Plummer: Yes. Mrs. Kennedy: OK, 75. Mr. Odio: One year, only this year. October of eighty... UNIDENTIFIED SPEAKER: Eighty-nine. Mr. Plummer: You got it for this year. Mr. Odio: For October of 189. Mr. Oven Thomas: No, I have the permit for this year, Sunday, October 9th but I'm requesting ahead of time for next year. Mr. Plumaar: No, no, no, what we want is to see what happens this year before we approve any others. Mrs. Kennedy: And we usually do it year per year. Mr. Plummer: That's right, on a yearly basis. Mr. Thomas: So what time will I be able to come back? Mr. Plummer: After this first festival takes place and you want to apply for next year. We've had no problems, no incidences, then most likely it will be granted without problem. But not for five years in a row. It's on a year to year basis. 61. WORLD IMPACT NOW - grant request for use fee waiver at Gunman Hall (up to $17,000) for theater audition in connection with "Tickles", with proviso. A, Yy1 :9 dint. Mayor Suarez: Item 75. Mr. Odio: They're requesting f 13, 7A5 ter the use of Outman, Vwater xft ,dd perforwiag arts for theater auditions and roboar"Is as . Nptestfter � _ •!Gi ` and 27th. Mr. JJVs ssr+ Lot its slake you an offer you caaft refuse, Projected overhead?` WIDMMTItISD "SAM it Our projdotoo budget 1a SM1,000. # k W Mr. Plussser: No, no, overhead. What's your cost? UNIDENTIFIED SPEAKER 1: All right. Mayor Suares: Why does the figure sound so such higher this time than the other time we ware talking $2300. UNIDENTIFIED SPEAKER Is All right, total production costs are $300,000. Mr. Plummer: Tot... and what is your total income? Mayor Suarez: Oh, they have them, they have, what, three days? UNIDENTIFIED SPEAKER 1: Our total income is - what is it, two hundred - $283,000 at this point. Mayor Suarez: Keep in mind that they're talking about three days, Commissioner. Mr. Plummer: You're losing seventeen thousand before... UNIDENTIFIED SPEAKER 1: These are projections. These are projections. We have our accountant here who can go over the numbers. Mr. Plummar: But wait a minute, your cost is $300,000 and your revenue is two eighty-three? You lost seventeen before you start. UNIDENTIFIED SPEAKER It That's the... Mr. Plummer: May I make a suggestion? Don't have it. UNIDENTIFIED SPEAKER 1: No, no. Mr. Dawkins: Let's have the accountant... Mr. Plummer: What is your cost factors, your overhead? UNIDENTIFIED SPEAKER 2: The cost of the production is $300,000. That's the estimated cost of production. But the organization we're looking for contributions from the both corporate and private sector. Mr. Plummer: What is your total revenues, projected? UNIDENTIFIED SPEAKER 2: Total revenues are projected to be approximately $283,000. That's strictly from ticket sales. Mr. Plummer: Oh, I see, so, in other words, you're not... what is your total projection with corporate donation and ticket sales? UNIDENTIFIED SPEAKER 2: We would be looking, hopefully, in the area of $500,000. Mr. Plummer: Well, I want to make you an offer, maybe my colleagues will accept it. OK? That anything you make above fifty-five - we'll grant you the $17,000 you're asking, thirteen, I thought it was seventeen... Mrs. Kennedy: Seventeen. UNIDENTIFIED SPEAKER 1: It's thirteen thousand. t UNIDENTIFIED SPEAKER 2: The waiver of the fees. Mr. Plummer: Seventeen total. We will grant you the $17,000 tbst yots#to: asking. Any profits that you make in excess of $50,000, you psy the City Beek v; up to one hundred percent above the $50,000 and then beyond that, you boop.Iu profit. Now, I don't know if my colleagues...x WIIDENTIlIED SPEAKER It That is totally acceptable. Mrs. Kennedy: Yes, I second. x :_ Mr. OeCisd<j Maosd. f 4 k t p� ° f Y�' Y Mayor Scares: Moved and seconded. Any discussion? Call the roll. Mr. Pl�r: You understand that we do audit your books. OK asd that is from - the only problem I have now, on my own notion, is how we deliseste between corporative and ticket sales or both. I would may both. Is that correct? Mr. Dawkins: Both. both. Mr. Plummer: OK, that's fine. UNIDENTIFIED SPEAKER It That's fair enough. Mr. Frank Castaneda: Basically, they will present us what their expenditures were. If the... Mr. Plummar: No, no, no. Any sales in above fifty thousand. Because they're projecting a half a million dollars, sales. This has nothing to do with cost factor because they're way up in the sky on cost factors. Fair enough? UNIDENTIFIED SPEAKER 2: So, you're saying that any profit then, in excess of $50,000 we will then pay back the City... Mr. Plummer: No, any sales in excess of fifty thousand, combination of both. Mr. Dawkins: Whatever the corporate world gives you, we don't want. We're not going to worry about that. Mr. Plummer: In other words, we're going to just call damage control. OKI I so move. Mayor Suares: Moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: NOTION NO. 88-816 A NOTION GRANTING REQUEST BY REPRESENTATIVES OF "WORLD IMPACT NOW" FOR USE OF GUSMAN HALL (UP TO $17,000), WITH THE PROVISO THAT IF THEY MARE ANY IMCM IN EXCESS OF $50,0O0, THE CITY SHALL BE REIMBURSED UP TO 100 PERCENT OF THE PROFITS. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner Victor Da Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummar, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT, None. ;f{ �u *mint,-r "' ,tom• i L i W 4 4C.".9• t..br ,_ - � dF^F i> Q`',f ,.+' �'d' "4'e++.b'. ,- li" i�'G : k t�%t .� ' h "t*q.^ � ' A�• i f g °: fi9b A 62. MOBILE AIDS PREVENTION PROGRAM - express Commission's support - direct Administration to try to assist said group in identifying alternative sources of funding. Mayor Suarez: Item 76, representative of mobile AIDS prevention program to request funding. Mr. David Scott: Commissioners, good afternoon. I'm David Scott, 630 66th Street, I'm the president director of the mobile AIDS prevention program. Luce and I have saw a need in this community for education and prevention initiatives for teen -agora and young adults and we have totally want out and bought a motor home and totally financed this total program out of our pocket and out of our credit. I spend lots of hours, up to 4:00 o'clock in the morning in Liberty City. Most of my life I've spent out on the street, the last 19 years, Overtown, Little Havana, Little Haiti, all 8 of our neighborhoods, I spend there five, six nights a week. I'm here today with three requests. My first request is for emergency funding to help in some of the operational costs of the program, the second request is to be included in your fiscal budget next year and my third request is for you to adopt a motion in resolution form in support of this program, which would help me in the corporate sector and, perhaps, in the federal and state government to find funding, to add some credibility to the program. Mr. Plummer: So how much are you asking? Mr. Scott: I believe it's approximately $61,000 that I submitted, there's a package I hope that you have with you. I actually don't have my exact budget In front of me that I submitted to you but it's around sixty thousand, sixty- one thousand. Mrs. Kennedy: It's part of our package. Mr. Odio: Commissioners, I've met with them and the program is very good. I recommended to them that they would meet with Chief Colonel Duke of the fire department to see how they could work together in educating the public in certain areas. But that we could not recommend any funding whatsoever since this is out of the scope that we have in the City and they have - the school board should be involved in this, Dade County but if they can get together with the fire chief in some other areas, fine, but I cannot recommend any funding. Mrs. Kennedy: Well, we could give them - we could have a motion in support of this program. Mr. Odio: Sure, oh sure. Mrs. Kennedy: So that they can go ahead and get corporate sponsorship and I'll be happy to make that motion. Mr. Dawkins: I'll second that motion under discussion. The new horizon mental health unit on 36th Street, doesn't it have a roving AIDS unit? Mr. Scott: As far as I know, I am the first one in Florida to have a community base grass roots effort solely in a brand new motor hams, it's a 1988 32 foot motor home. It's all library, I mean it's completely full of AIDS and drug information and other teenage issues. As far as I know, I a the only one full time on the street anywhere in Florida, and I "y be the first in the United States. Mr. Dawkina: I'll ask my question again, sir. Mr. Scott: I don't know. To answer your question, Casinissiowrs, 14"alt know as a clatter of fact. Mr. Dawkinst OK, thank you. All right, I think they do and I agree with yet, it's a needed thing because, but they got federal funding for theirs, Ustse wby I second Cowles Loner Kennedy's notice so that ws aen "ia * - by vmftuw ; t notion, direct our staff to work with you trying to find, not sMy sli �3g 1Miir;�.e? x, ;rz sponsoring but federal help and as Cotssissioner Pluximer or someone said, the school board has money but you need someone who can do the leg work and put some pressure on them so that's why we are going along. Mr. Scott: OR, thank you. Mrs. Kennedy: Call the roll. The following motion was introduced by Commissioner Kennedy, who scored its adoptions MOTION NO. 88-817 A NOTION EXPRESSING THE CITY Or MIAMI COMMISSION'S SUPPORT FOR THE "MOBILE AIDS PREVENTION PROGRAMi" FURTHER DIRECTING THE CITY MANAGER TO GET TOGETHER WITH SAID GROUP IN ORDER TO ATTEMPT TO ASSIST THEM TO LOCATE FEDERAL FUNDS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Scotts Thank you very such. 63. MODIFT TRAFFIC SIGNALS AT S.W. 13 AVENUE AND 22 STREET - authorise public hearing on October 13, 1986 to discuss modifications. Mrs. Kennedy: Seventy-seven. Mr. Dawkins: Wheeeeeaeel Mr. Plummer: Who's here on 77? Me. Stella White: Good afternoon, I'■ Stella White at 600 S.W. 29 Road. Mr. Dawkins: Mr. Manager, will you get someone over with them to make some arrangements and start working with them, please sir? Me. White: I'm here with Mr. Budwig of the Five Point Cleaners. He, Mr. Benetez from Ed's Chevron and I instigated this petition to request that 13th Avenue be made a through street. It has been blocked off at Coral Way and has created a... Mayor Suarest Do I have a - Mr. Manager, do I have a, or Mr. City Attorney, do I have to abstain on this in view of the fact that I go over there a lot for sty... ;, Ms. White: Your secretary has also signed our petition, Mr. Mayor.f., Mr. Dawkinst And you plan to move over them too. r Mr. Plumimaert But the point is, we didn't put it there &W -ve oaf*=' out. Ms. Wbitet What con the City do for us? Fla. plwrrss We con roccrosed t0 the Cowtty Mr put it ! L�4'•�rs i�M� s" i Il Mr. Jim Kay: Mr. Commissioner... Mr. Plummer: They've made a left turn only and it's... Mr. Kay: Right turn only, it's northbound and sorthbound. Mr. Plummer: That's left turn if you're coming Coral Way and a total right turn only if you're going the other way. Mr. Kay: We're recommending that staff draft a letter for the Manager's signature to the state, that's a state road now, for them to get together with the petitioners, Coral Way is a state road, and than ask them to get together with the Commissioners. Mayor Suarez: The many jurisdictions that apply to your roads. Your government at work. That's a state road now, not even a county road. Mr. Plummer: Do we know why they put it there? What was the purpose of... Mr. Kay: The only reason that I could think of is that between five points and 17th Avenue, the addition of another light allowing through traffic would create more problems. Me. Smith: I don't think so. I met DOT when they were doing the survey of the roads. They told me that traffic going west, eastbound on Coral Way heading north on 13th Avenue was creating traffic jams during the rush hour and so they thought by blocking it off completely and putting up a new street light that would help ease the traffic flow but instead it has cut off traffic. Mr. Plummer: It's a pain. I make a motion we recommend to the appropriate authorities that we feel that it should be removed and reinstated to its previous posture. Mr. Dawkins: Second and under discussion and that we follow through and assist them by going with than to let the DOT know that this Commission feels this strongly about it. Ms. White: I'd like to request that the Miami Roads neighborhood association be made aware of the new changes. Mr. Plummer: Well, OK, you make a point now that should we consider having a public hearing on this thing? Ms. White: We would like it, we have over 400 signatures. Mr. Dawkins: Yes, why not, J.L.? Mr. Plummer: Huh? Mr. Dawkins: Why not? Mr. Plummer: I'll make a motion at this time that we schedule a public hearing on October the 13th... Mayor Suarez: Well, there is one reason why not. Mr. De Turre: Well, that's not the Roads Section to begin with. Mayor Suaraz: Well, that's one but besides that... Ms. White: It is in the Roads. Mayor Suarez: ... you may not want to go through all of that it pe"Is generally agree with you, you can go ahead and take your petitions disaatly to DOT and this Comsmiasion's resolution without having- to bwe heavisos. man. Me. White: OK, great. Mr. Dawkins i OK. T F 9 xGF Z i � l s • f Mr. Plussmer: Well, the only point I'm waking, you know. Mayor Suarez: Oh, he wants to be present at the public hearing and stay here for two hours and hear every complaint from the Roads association imaginable. Mr. Plummer: You know the problem is when you go - we all remember what happened with 13th Avenue and Cuban Memorial Boulevard before and there were no public hearings. I mean it's just a sensitive issue. Mayor Suarez: Oh, I see. Mr. Dawkins: And also, J.L., I will the second the motion in that if we have the public hearing, we can invite DOT to have representatives here to hear what the public has to say. Mayor Suarez: I can imagine they - there could be something that people would want to... well, what we'd probably be doing, if we have public hearings, notifying, because of what Commissioner De Yurre's saying too that makes sense, is notifying people within a particular radius of the area, whether that's the Roads or not. You might want to contact independently the people who do run one of the organizations in the Roads, Joe Wilkins or Mandy or any of those guys. Mr. Plumper: There's an organization. Mr. Odio: Mr. Mayor, what if we write the letter to proper authority. If they say that they're willing to change, then you call the public hearing. Mayor Suarez: Might be able to avoid a public hearing. Mr. Plummer: Well, but what about people that might be opposed to it? UNIDENTIFIED SPEAKER: Well, we're not objecting to that because he had so many people who signed his petition - we have so many people that in our neighborhood have signed this petition. Everybody wants it changed. People on north and south. Mayor Suarez: This is an interesting - yes, this is an interesting case where we really don't anticipate that there'll be too many people that feel the other way but maybe we ought to be absolutely careful and schedule a public hearing even if we don't... Mr. Plummer: We thought that before. I think to be on the safe side, we ought to have a public hearing on October the 13th, we can proceed, that's the normal procedure, nobody can accuse us of doing anything that's underhanded. I so move. UNIDENTIFIED SPEAKER: I don't have any objection personally because everyone I've spoken to is the same. Mayor Suarez: Then you have momentum on your side here so we have a saying about don't go against your own momentum. We have a motion. Do we have a second? Go ahead and schedule the public hearings. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: !LOTION NO. 88-818 A MOTION DIRECTING THE ADMINISTRATION TO 8CiSWLE A rk PUBLIC HEARING ON OCTOBER 13, 1968 AT 5sO0 P.M. TO DISCUSS THE MODIFICATIONS TO THE TRAFFIC SIGNALS AT g` THE INTERSECTION OF 8. W. 13 AVENUN AND 22 8MR32 (CORAL WAT)• �. Upon being secoaded by Commissioner Dawkins, adopted by the following vote: the notion me 'es"d am lit 0 ATES: Comissioner Victor De Turre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Rosario Kennedy. Mr. Plusmer: Dive o'clock in the afternoon. live o'clock in the afternoon. Ms. White: Thank you very such. Mayor Suarez: We'll be over there on other matters. ------------------------------------------------------- NOTE FOR THE RECORD: At this point, no interested party appearance was noted in connection with agenda It" 78. ------------------------------------------------------- 64. BAKEHOUSE ART COMPLEX - grant funding request not to exceed $4,500. Mayor Suarez: Seventy-nine, Bakehouse art complex, their funding request, $4,500. Ms. Vivian Rodriguez: My name is Vivian Rodriguez and I'm the director of the Bakehouse art complex. We are requesting essentially a letter of co■nit gent for a maximum of $4,500. We've presented a grant request through the cultural arts council, Metro Dade County. It is a catching funding grant, 25 percent of the funds come from NSA federal funding; 25 comea from Dade County; 25 percent cotes from the organization ourselves and 25 percent from the municipality. In this case, the City of Miami; we're in the Wynvood section of the City of Miami. The maximum exposure to the City would be $4,500. The grant request is into the grant process right now... Mayor Suarez: Is that an absolute requirement that the other 25 percent be from the municipality in question, that is, the City of Miami in this case? Ms. Rodriguez: That's the way that the cul... Mayor Suarez: And this is the way the county runs their operation when they're using our tax funds for this? Ms. Rodriguez: That's the way that - this is a new program that the cultural affairs council has set up in obtaining funding from NIA... Mayor Suarez: How was that not up, was that by ordinance, by county ordinance, that particular requirement of 25, 25, 25, 25? No. Rodrigues: I'm not sure it was by ordinance, but I do know that they had to go before the County Commission to get their approval because the County Commission put up fifty thousand for this year, a hundred for the following year and a hundred and fifty for the following year after that. There's a total money available from K&A and Dade County of $100,000 this year. two hundred for the following, and $300,000 for the year after that. the sea !Os tic profits are available for capital funding, it's called the capital developgMt grant and then the additional 25 percent you go to your municipality for t1» additional funding. The maxiam= exposure would be $4,500. in most cases, Via do not get the full amount that you request, obviously, so we gsT not el VA anything but we seed a letter of commitment from the Comwisslea that y" W4014: match the 25 percent that they would approve - of the total amm Ot %ba WNW would approve. Mr. Dawkinso And this is needed to do What withl r tilt Aim AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ASSENTm Vic* Mayor Rosario Kenney. Ms. Rodriguezm Thank you very much. Me. Rodrigues: The project in question is to complete - I'm tarry, I dida't present, this is Juan Espinosa who is on our board of directors, ha's with me today. The project in question is to complete a classroom facility, 1700 square foot classroom facility to provide outreach programs, workshops, hands on workshops for the community in which we're at, that is Wynwood. We'll be doing after school programs, summer programs, professional workshops; you know, all culturally art related, of course. Mr. Dawkins: OK, I wasn't listening but did you tell us up here that this cannot be from the private sector, it has to come from the public sector. Did you tell them this? Me. Rodrigues* That's my understanding... Mr. Dawkins: I mean did you tell it so - I wasn't listening - did you explain that to us? Ms. Rodrigues: Yes, I did, that's the way it was set up through the Dade County, yes. Mr. Dawkins: Dade County did that? I thought the State of Florida. Ms. Rodrigues: The council of arts - the cultural affairs council. Mr. Plummer: I'll move it. Mr. Dawkins: Second. Mayor Suarez: Moved. Mr. Dawkins: I promised the Lord and my mother I wouldn't give no more money to the Bake arts complex but since... Mr. Plummer: You might not. Mr. Dawkins: Oh, yes, we're going to get this. And they promised us they wouldn't come back any more but all things happen and this is a worthy cause, *" they do need the space in which to serve the community and they went from zero to where they are because they started with nothing so we just have to bite the bullet, 7. guess. $ Mayor Suarez: In a very troubled area of the City too. We have a motion and a second. Any further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-819 A MOTION GRANTING FUNDING REQUEST FROM REPRESENTATIVE OF "BAKEHOUSE ART COMPLEX"; FURTHER DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $4,500 IN CONNECTION WITH SAID REQUEST. Upon being seconded by Commissioner Dawkins, the motion was passed and adoptad by the following vote: 41 ry. T x 4 Ji{ i 1 s t r F u EE - - -------------------- ------- - --- ----------------- --------- 65. CHRISTOPHRR COLUMBUS DISCOYSRT FOUNDATION - grant request in support of kickoff event of the Columbus Celebration in Miami, with proviso (see label 69). ------------------------------------------------------------------------------ Mayor Suarez: Item $0. Mr. Plummer: I'll save it with the proviso that in no way that this is to interfere with the Hispanic ongoing heritage festival Christopher Columbus activity. I to save. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Exactly what does the motion entail? Mr. Plummer: This is for what, 1992, I think it is... Mr. Dawkins: Yes, Bruno... Mr. Plummer: This is the '92 festival. Mr. Bruno Carnesella: Yes, this is for the 1992... My name is Bruno Carnesella, 1885 So. Bayshore Drive, Coconut Grove, Miami. Mr. Plummer: This In number $0. Mr. Odio: If I may, we created this international trade board and this is exactly what the international trade board purposes are, one of them anyway, and we recommend that they should go in front of the international trade board and make this presentation. Mr. Plummer: Well... Mr. Dawkins: They did and we approved it. Mr. Odio: And you did? Mr. Dawkina: We approved it and recommended that they come here and tell you that we approved it and that we suggested that we go along with it. Mr. Odio: OK. Mr. Plummer: And I have added an addendum to it that as long as it does not interfere with the ongoing, long term Christopher Columbus Hispanic Heritage Festival. Mr. Carnesella: Definitely not. Mr. Plummer: OK, fine. Call the roll. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer, who sowed Its adoptions 4i MOTION NO. "-820 A MOTION GRANTING RZQUSST ST 'CHRISTOrAW CAS _ DISCOYZRT FOUNDATION' GROUP FOR RMCOWITION AND ' SUPPORT OF THS KICKOFF ZVW2 OF = 1"2 COUNWS CZLZSRATION IN MIAMI, PROOINM THAT IT WILL IN NO WAY Y=" - -Vy= WI2H rA CY UVMM t MMMS HIWANIf; NUITAOX FZSTIOAL. v Yfen beisz seconded by Commissioner DawkUm, the matter W" " Y adopted by the followins vote: F k ' AYES: Commissioner Victor Do Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plumm* r, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Dawkins: Newspaper racks. 66. THOMAS JEFFERSON STATUS AND UPKEEP OF WORLD WAR II MEMORIAL IN BAYFRONT PARK - discussion Mayor Suarez: We have to go back to item 55 briefly and then we're going to take Mr. Rasheed. Mr. Bill Lunsford: OK, my name's Bill Lunsford. I was in Bayfront Park a few months ago and I noticed... I was in Bayfront Park a few months ago and I noticed the statue of Simon Bolivar... Mayor Suarez: Can you give us an address, sir, please? Mr. Lunsford: Yes, 19300 S.W. 147th Avenue, Perrino. And I noticed this statue of Simon Bolivar in front of the torch of friendship and then I noticed the memorial to John Kennedy there and I did a little studying of history and found that in 1809 Simon Bolivar visited the United States, that was the last year of Thomas Jefferson's second term as president and Bolivar was kind of depressed at that time but he picked up a little when he saw how things could be. So the he went back to Venezuela and led the liberation movement there. So I think it would be a good thing to put a statue of Thomas Jefferson in front of that torch of friendship because John Kennedy admired him so much. He understood what a large part he played in what made this country great. Mrs. Kennedy: Mr. Mayor, if I may answer him. Mayor Suarez: Yes, madam Vice Mayor. Mrs. Kennedy: I was going over your letter and the war memorial is going to be restored and left right there at the park. As for the other statue, I guess, Mr. Mayor, this is too early to tell we're now considering what to do with the south end of the park. One of the proposals that we have to decide is having an underground garage but, you know, we have your letter, we appreciate your input and we'll consider it for the future. Mayor Suarez: Should he also be referred possibly to the trust to make a presentation at some point? Mrs. Kennedy: Trust, sure, absolutely and, again, I'll call Ira Katz who must be - please, thank you... Mr. Dawkins: Somebody tell me and his, what's going to happen to the veterans of foreign wars memorial and the Thomas Jefferson, if we're going to put that there, and the war memorial - where are they going? Mrs. Kennedy: OK, well it's so other plans for any other kind of memorial. t Mayor Suares: The war memorial's being fixed, right? Mrs. Kanaedy: The war memorial is going to be tined, we have the tusrds, t!?o already been allocated, and it's going to remain at the park. Mr. Plummor: Where? Mr. Dawkiasl At the park, where? See, that's my problem, wk gas, because I got veterans calling me everyday about tbeae two Lg". �u 7 7 Mrs. Kennedy: My office has been meeting and I will get an answer in a second with all the different organizations and give me two seconds and we'll find out exactly. Mr. Plummer: Well, excuse me, it would be my understanding that this Commission would designate where those memorials are going, not the trust. That is our right. Mayor Suarez: Like I said, we can always disband the trust anytime if we don't like what they do, but it would make sense for them to initially consider... Mr. Pluar ar: Make a presentation is fine. Mayor Suarez: ... please - and make recommendations to us... Mr. Plummer: Sure. Mayor Suarez: ... so that we don't have to take it right off the bat. Maybe by the time it gets to us, everybody has agreed, gone through that process and we've not up that as the correct procedure, may we not? Mr. Dawkins: Now where will the money come from for the Thomas Jefferson memorial? See, I don't want this gentleman leaving here with the impression that we said, the a, Thomas Jefferson memorial would be put there and then he cosies back eight months from the day and we say no, we said we would consider It and now that we've considered, it's time to start looking for the money. Mr. Al Howard: If I may, Commissioner, the various organisations of the veterans' groups were supposed to come back with a recommendation to both the trust and the City as to where the war memorial... Mayor Suarez: But, Al, the question specifically is on Thomas Jefferson and 1 don't know of anyone of then that is interested, at this particular point, in having a status for Thomas Jefferson. I think we ought to be fair to the gentleman and say that we don't have any money allocated for that. You may want to start looking for private funds to do that, I... Mr. Lunsford: You, well that's what I was wondering now. Would there be a problem.... Mayor Suarez: We're all admirers of Thomas Jefferson here but... Mr. Lunsford: Yes, would there be a problem if there was a fund gotten up of having the statue there? Mayor Suarez: I think we'd find a place for Thomas Jefferson in the park system, the City of Miami being all admirers of Thomas Jefferson, sir, but we do need the funding and the veterans' groups are trying to get together so can fix up the war memorial that was there for many years and that was allowed to deteriorate and, thank God, we've got that under control. Mr. Lunsford: Yes, I'm worried about that memorial because it looks like you're going to get those things broken up so bad you're not going to be able to read the names. Mayor Suarez: Yes, that's a good question, why - Ira, or Al Howard, why are we not moving on that? I saw that it was approved and the funds are available, or somebody? Mr. Howard: For the war memorial? Mayor Suarez: Yes. Mr. Howard: We're still waiting for a recommendation from the vet4ora w fY. group. Thay have been mating with the department of developm ►t. so" f they come back and... Mayor urea: Oh, and madais Vice Mayor is keeping an eye *a that seasSOM n 9 building effort? .y Mrs. Kennedy: Teo, they would like - the majority of the groups would like it to remain where it is at Bayf rout Park. That's what... Mayor Suarez: But, in the meantime, can it not be fixed or do you have to have it set up where you need it to be and then improve it, is that the problem? Mrs. Kennedy: No. Mr. Howard: Improvements have to be made as soon as the money is released and the architects take care of the design for the general improvements of that... Mayor Suarez: What's holding up that, anything? Mr. Howard: I don't know, I'll have to check that out. Mrs. Kennedy: Improvements, as far as I can remember, one of the discussion was the ten thousand dollars, more or less. But the monies... I don't know where... Mayor Suarez: Yes, I thought it was 30 thousand, but once the improvements are actually made on the memorial, the phone calls to our respective offices, I think, are probably going to be reduced a little bit. And then we got into the issue of location. I, personally, don't want that issue, whatever the press recommends but at least we don't have to answer questions as to... Mr. Howard: We'll expedite that. Mayor Suarez: ... answer questions as to why the memorial looks the way it looks over there. Mr. Dawkins: And also, we are supposed to be going to the private sector for funding for the VFW memorial so we also should tell them that we're trying to do a Thomas Jefferson memorial so that as we beg funds, we get funds and don't have to go back the second time trying to tap the donors for money when we could ask for whatever we need one time. Mayor Suarez: OK. Thank you, sir, for your presentation. Mr. Lunsford: All right, thank you. 67. PROPOSED RESTRICTION OF VEHICULAR ACCESS TO S.W. 28 STREET AND JEFFERSON STREET - schedule public hearing for October 27, 1988 Mayor Suarez: Would you like, on 59, to let this issue go first on 56? If you want to make your presentation now, that's fine because you've been waiting longer, but we may be able to get rid of item 56 very quickly and then get to 59. It's up to you. OK, sir, Mr. Lambert. Mr. Carl Lambert: Yes, Carl Lambert, S.W. 28th Street, 2500 S.W. 28th Street. This is item 56. The only purpose of my being here is to request at a later date, a public hearing to restrict vehicular access to S.W. 28th Street. At a previous meeting back in May at the very tail end of the mating, Coanmissioner Plummer made the comment that S.W. 28th Street is a raceway. The City, subsequent to that, requested that Metro place stop signs. we d mIt ka0v whether Metro... Mr. Plummer: What happened there? Mr. Lambert: Nothing. Mr. Jis Kay: We're waiting for Metro to implement that. As of yostsrdalo they still have not completed their study of that. Mr. Plua r: That's been 90 days. Mr. Kate I know. g RM Mr. Plummer: Now long is it going to take? Mr. Kay: They said, give us another three weeks. Mayor Suarez: What do we need to do on this? Do we need to... Mr. Kayt I think we should wait until they implement that recommendation of the Commission, placing stop signs at the streets at the intersections on 28th Street between 22nd Avenue and 27th Avenue before we jump into this next step. Mr. Lembertt Well, if we could have a meeting scheduled, hopefully, the Metro will have their traffic study by then. We have a petition signed with over SO signatures. It's an ongoing danger situation. Mayor Suarez: Would this be scheduled - excuse me for a second, Mr. Lambert - would this be scheduled once we schedule it as a public hearing as part of our regular agenda items or as a separate public hearing first? Mr. Plussmer: Well, he's asking a separate subject which we've not addressed and that's the closing of 28th Street so that would be a new public hearing. Mayor Suarez: You, on that particular one, would that be - because I'm trying to think of the timing when we'd want to... Mr. Plummer: The street signs we've already approved. Mr. Kay: Right. Mr. Plummert Stop signs. Mayor Suarez: Do we usually schedule those as part of our regular hearings or do we first start off by having like a neighborhood public hearing type thing? Workshop public hearing. Mr. Lunsford: That's what I.... Mr. Sergio Rodriguez: We could do that if you want to. Mr. Plummer: Do either one. Mr. Rodriguez: It's up to you. Mayor Suarez: Either way I have the feeling it's a big premature. We'd probably wouldn't get to this item until I would &uses, when, in October? Mr. Plummer: Yes, at least October. Mayor Suarez: November? Mr. Kay: October or November at the earliest I would may. Mr. Lambert: Well, that's fine as long... Mayor Suarezt Just flag it for us so that it just doesn't get delayed and you get no later than a November hearing on it, that's all you have to do. "F Mr. Kay: November... Mr. Lambert: Well, sly understanding in trying to contact Mr. Plusmmer's office Hj and the other offices, is that it has to come through the Commission.... n ` Mayor Suarez: We first have to approve the public hearing? ,.. Mr. Plummer: Oh, yea. ka Mr. Lambert: That's my understanding. Mr. Plummar: We've set a public... Mayor Suarez Well, I'll entertain a notion os it witbMt motif.+ . Tou know, wloss you vast to sresity the ssaond... l•.Trl }'k:. >r ' » ' Mr. Lasebart: If you want, we would be satisfied with a late date oz it. Right. Mayor Suarest Right, the second hearing in November. Mr. Plummert Well, let's schedule a public hearing then on the 27th of October. Mayor Suarest OK. Mr. Rodriguese Planning and zoning? Mr. Plusmo rt Planning and toning... Mayor Suarest With planning and toning. Mr. Plummer: ... after Ss00 o'clock. Mr. Lambartt Before the planning and toning board instead of the Commission? Mr. Rodriguest No. Mr. Plummer: Teo - no, no this board. Mayor Suares: No, no, no, us, us. But it's the planning and zoning agenda that we have. Which is it, an item typically - items typically siailar to this. Mr. Plummer: The second meeting of ours. Mayor Suaroz: OK. Mr. Lambert: OK, sure. Mayor Suarest So moved. Do we have a second? Mr. Dawkina: Teo. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer, who mvod Its adoption: NOTION NO. 88-821 A NOTION DIRECTINQ THE ADMINISTRATION TO SCMID= PUBLIC HEARING FOR THE MEETING OF OCTOBER 27, 1988, AFTER 5:00 P.N., IN CONNECTION WITH PROPOSED RESTRICTION OF VEHICULAR ACCESS TO S.W. 28 STREET AT OR NEAR ITS INTERSECTION WITH JEFFERSON STREET. Upon being seconded by Commiasioner Dawkins, the motion was passed smut adopted by the following vote: ATES: Commissioner Victor De Turre Commissioner Miller J. Dawkins Commissionor J. L. Plummer, Jr. Vice Mayor Rosario Koauody Mayor Xavier L. Suarez WESr None. A1SSi1T t you*. ` Co1m sm M♦DE DURIMd 1EOU C♦LL r Mi. 1?1u rs To seta public hwa,riatf `A , ►� -��'' _ � k cm MUM= Rom CALL r Mayor No""t Good to N! you►, Stir. Yy _ ------------------------------------------------------------------------------ 68. LIBERTY CITY-MIAMI DADE MERCHANT ASSOCIATION - discussion concerning request for appropriation of $5,000,000 to the Model City Pilot Loan Program. --------------------------------------------------------------------------- Mayor Suarez: Fifty-nine then. Mr. Prentice Rasheed: My name is Prentice Rasheed, I'm the president of the Miami Liberty City Miami Dade Merchants Association. Honorable Mayor, City Commissioners, we, the Afro-American merchants of Miami Dade, Florida have come to this government today to make a humbly moral appeal and request for a business and economic assistance for the most humble and economical deprived area in the City of Miami. Mr. Mayor and Commissioners, I, as one of the representatives of the African -American merchants can stand here and question and go into detail as how we as citizens in a poor community sea our government representatives find ways to help the freedom loving people in Cuba, Nicaragua, Russia and other oppressed areas while excluding Haiti, South Africa and the African -American citizens. How can we continue to discuss others to be funded with our tax dollars when the problem's right here in our own African -American and Miami communities remain unaddressed? The African - American community must be included in the City's budget to bring economic and human dignity that is so badly needed. An example, look at the 73 businesses that were denied loans after they applied for emergency assistance just a few months ago. There are several more examples of this type of neglect. But to summarize our needs and the merchants are requesting $5,000,000 to be allocated for additional loans under the model city small business pilot loan program to help the African -American business community get back on the line as has been done in other parts of Miami that are developed and established. Mr. Mayor, we, you and many others must know this is only a fair and just request for this Commission to make claim that the taxpayers have not paid enough to help these businesses could be looked at as government officials that are insensitive, racist and careless about crimes, the unemployed, the jobless and homeless people and citizens in Miami. We ask you all, as leaders, to stand up for justice and award these much needed businesses which deserve the $5,000,000 to help bring back economic dignity to this community. Thank you. Mayor Suarez: Five million is what you would like us to come up with. Mr. Rasheed: All of us. The whole City of Miami. Mayor Suarez: Well, let me ask the Manager and our cosssunity development director - the Manager and the persons of the - the person of the planning director. UNIDENTIFIED SPEAKER: Yes, sir. Mayor Suarez: The - there he is - the emergency loan program, pilot program:, I think, I can conclude myself, has been a qualified success already I think. I think we've kept a lot of businesses going in that area and almost all the money has gone to the corridor of 62nd and 7th and despite the pain of getting it under way, has been, I think, a sign of hope in the community in question. Now, in view of all that and assuming that the rest of the Commission feels as I do, as optimistic about that program as I do, what can we do to supplement that program and come up with additional funds? The program, to date, has a total of five hundred and eighty or so? Mr. Frank Castaneda: $560,000 or so forth. Mayor Suarez: And they're asking for... Mr. Castaneda: Five million. Mayor Suares: ... us to increase that by a factor of ten. Well, neybe we can't increase it by a factor of ten, can we not find, from this roar'• community development - economic develepoWt allocation, No stmt1al amssom of money to infuse into this program? k .. Mr. castansdat Commissioner@, there... ;ta toy . Mayor Suarez: For marginal businesses, you know, to be able to stay... Mr. Castaneda: ... they are really two issues. One is the finding of the money and that a, you know, it's completely allocated. For that matter, we want through the process a few months back. The other issue is the issue of enough staff to operate, you know, that type of program. It's highly staff intensive in giving technical assistance and so forth. Our recommendation is to keep the program as it is. As I mentioned to you before... Mayor Suarez: You find us the money and we'll find you the staff. Mr. Dawkins: That's what I want to know. Do you have the money? Mr. Castaneda: No. Mr. Dawkins: Do you have five - what the hell ware you talking about? Mr. Castaneda: No, no, I said that there ware two constraint. One, that the money is not there and number two, that you would need... Mayor Suaraz: I don't consider staff a constraint, I think you guys can just work a little harder and... Mr. Plummer: You don't have to worry about number two if you don't have number one. Mr. Dawkins: If you don't have number one, we don't have to discuss number two. Mr. Castaneda: The other thing is that Lisa Industries appears to be planning to move out of the City. We've already them that if they do move out, they would have to... Mr. Dawkins: Do you have... Mr. Castaneda: No. Mr. Dawkins: ... these gentleman asked for $5,000,000. Do you have $5,000,0007 If you have $5,000,000, let's discuss it. If you don't have $5,000,000, you have to tell us that you don't have it and then we can try to have them understand. But you standing up there painting a picture to them as If we are the ones that are holding $5,000,000 which you don't have. Mr. Castaneda: No, Commissioner, we don't have $5,000,000. It's a ridiculous amount. Mr. Dawkins: Well tell them that. All right, now, let us explain to them why we don't have it. Mayor Suarez: And then, before we do that, let me may, how much do we have, let's say, in the next year's round of community development grant monies? Mr. Castaneda: We allocated all the money to... Mr. Dawkins: No, no, how much were we given? Mr. Castansda: Twelve million. s,= Mr. Dawkins: For community development, how much was the City givyf Mr. Castansda: gleven point three million dollars. Mr. Dawkins: gleven point three million dollars.= Mr. Castaneda: Basically, what they're saying is 50 pere* tt :ot< t"t f4wo program which have, you know, we... k. a r Mayor Buares: No, no, no. I's not saying *$tOOO,000., -00. Mkt* .` amount to continus this program going. Say aneWwr halt a Mr. Dawklas: OR. 4 0 • Mayor Suares: We have used up all the economic development monies? Mr. Plummer: It's not over yet. Mayor Suares: Could it have been used for this kind of a program? Mr. Castaneda: Sure. Mayor Suarez: Because the next round begins... Mr. Dawkins: With the 13 million dollars, how many projects did you fund? With the 13... Mr. Castaneda: Thirteen million dollars - eleven million dollars worth of projects. Mr. Dawkins: Beg your pardon? Mayor Suares: Wall, how many, what kinds of projects did we fund? We did rehab, how many projects? Mr. Castaneda: Single family, multi family, rehab... Mayor Suarez: How many, more or lose? We go through this every time when I ask you the same question. On a yearly basis, we're doing 200 units, is that what we're doing7 Mr. Castaneda: Something like that. I don't recall off hand but I can give you a whole report on that... Mayor Suarez: OK, basically, as you can see, the CamLesion's priorities on the monies that we do get from the federal government, we have none of our own monies for this kind of thing, basically, has been used for housing, multi family housing and rehab and some single family housing rehab. If the Commission wants to change, the next round of community development monies begins when? Mr. Castaneda: Next... Mayor Suaraz: July? Mr. Castaneda: The next year starts on June 15th, but, you know, the whole community development process will start in December and January and Rasheed is more... Mayor Suarez: Say if the Commission wanted to change the direction that we've been taking with our economic development monies and say, instead of building affordable housing, instead of rehabbing existing housing, we are going to start using money like we did with the pilot program, to maintain existing businesses in place, this is the time to start, I wouldn't waste too much more. Apply through that program. I will say, for myself, that I would like to see at least half a million dollars of the next year's monies reserved for this. I can't imagine why we wouldn't do that. Mr. Castaneda: Well, just to give the size of the magnitude issue, what we give Miami Capital to land throughout the whole City is half a million dollars. Mayor Suares: Well, but, you know, these loan programs to business** that wo there, in existence employing people and possibly is jeopardy of going VA of: existence, to not is as important as what Miami Capital does# frankly. Mr. Rasheed: Mr. Mayor... -` Mayor Suares: I don't know how the rest of the Cewsissi4a lasls# I *pgot 4fte s} west to tell you that as being Commission policy " this point besawe got really kind of way ahead of the gars. At this partiavlgs pOi11t, as CostsiseAoses V&V%IAe has elicited the lafornation fs*8 *tsdl, w *W#t 144" ,. any nosey for this. We do have a round that begins in J"y of wa roo r bli� ' tbo snsles for that, the process of application begins the Soto year so you should bea�t nisg that appl iaation mow. Os * + it really wouldn't be them that would make the application, it really would be the Commission itself that would allocate the funds, would it not? Mr. Dawkins: Yes, but... Mr. Castaneda: Well, they would go through the citizen participation process and then the City advisory board.... Mayor Suarez: And when does that begin, the citizen participation process of the... Mr. Castaneda: They would start discussing this about next - cowing November, from November to February and then we will be bringing recommendations in March to the City Commission. Mr. Rasheedt Mr. Mayor, you mean that there is no money in the City of Miami for emergencies of this type? If the businesses go out, if people are locked up, crime in the streets, all the bad things like maybe someone washing windows will get killed because he won't move off the street, all this cause, we found money for these things that citizens as taxpayer, the government in this country. Mayor Suarez: Well, you know, Mr. Rasheed, what we did last tins? Do you remember, on an emergency basis, when you said we needed this for Christmas... Mr. Rasheed: Yes. Mayor Suarez: ... and all of that argument and we agreed with you. We took monies that were supposed to be earmarked for Christian Hospital, approximately three hundred some thousand dollars, and we took sours other monies that we had available that we found from somewhere but we don't always have any monies available and we're telling you right now, we don't have any. But that doesn't mean that we won't have it beginning - in the process that begins now in November. It's a substantial amount of federal money. We've been using it for housing, multi family rehab of housing in the City and single family rehab. This Commission might very well want to take a half a million, maybe even more, of that money and use it for amergency loans. Mr. Rasheed: Well, I hope that you would think of that because it definitely is needed. You have 73 businesses that was denied loans and needed it, they couldn't go through regular lending... Mayor Suarez: How many? Seventy-three that were denied from the other program that we implemented? Mr. Rasheed: Seventy-three, yes, sure. Mayor Suarez: Well, will you have some representatives of that appear before the community development advisory board. Hearings begin in November, two months from now. When in November, do we know? Mr. Castaneda: The City advisory board has not decided when they're going to start meeting on this particular issue... Mayor Suarez: Well, it'll be sometime in November, don't complicate the answer. Mr. Castanedat Right. Mayor Suarez: OK, sometime in November he'll get you the information, Ms. Castaneda, director of community development, of the City of Miami an0 got -aft many of those people who were turned down to appear there so we got you fat• the nest round. I happen to agree with what - some amount for what yedtoo doing. Mr. Rasheed: Could you make it more lenient, this Commission make W was* lenient for the Miami Capital Development to at least... Mr. Dawkins: You know, wait now, hold it. Mr. Rasheed: OK. 0 • Mr. Dawkins: Hold it, hold it, hold it now. didn't want to be bothered with Miami Capital. When we did this before, you Mr. Rasheed: Well, because of their lending rules. Mr. Dawkins: All right, now, listen now, listen to me. All right? Now, if we put you back under Miami Capital, you aren't going to be able to meet the requirements of Miami Capital, Mr. Rasheed, and you're going to be cowing back to me saying that Miami Capital would not cooperate with you. Now, I will put you back under there if that's what you want. See, but we don't want that because... Mr. Resheed: Well, let me ask you one other question now, Commissioner. I talked to a number of bankers in the Liberty City area there. They said that would underwrite the loans, the City like the City have monies. They will put it in the bank. They will underwrite those loans on the money. Meanwhile, giving the businesses there credit reference by the way of the borrowing money instead of as it is now under the community development department, borrowing those monies, paying it back through the bank, check record within the bank, eliminating the direct dealing with the City community development department which is not established any credit rating with the banking system. And a number of bankers there, I believe they are People's, CenTrust - I've talked to bankers in those areas and they said they would be happy to work with the City with the funding if they could put it in their banks and use the community development as a technical assistant advisors to maintain those particular funds. Mayor Suarez: By the way, on your other question on Miami Capital, as it happens, they happen, right now, not to have any funds left. They have lent out the entire portfolio of money. All the money that they had available to land, they have lent out right now for very important projects in the City. Now, they may not be existing businesses under the criteria that we set up for that pilot program, but they're very important too. And what the Commission will do in the future on taking community development monies to add to this program, I don't know. But we'll be getting into that in the next couple of months. Mr. Dawkina: OK, what - the part... Mr. Rasheed: Could you recommend... Mr. Dawkins: ... the part that we're missing here is, we can take cossaunity development funds to do this. We cannot take advalorem taxes to do this. Nov, the Mayor has explained that the CD funds, community development funds, have been allocated for this year. But nothing says that when you apply next year, we will not assign a different priority to those funds and might be able to do what we're talking about doing. But we don't have the money and we cannot take advalorem taxes to do it, Mr. Rasheed. Mr. Rasheed: Could you write a letter - a recommendation from the City of Miami to the County - the County Commission, encouraging them to... Mr. Dawkins: OK, let me ask you a question. All right, let me ask you a question. I'm with you a hundred percent. You came down here during the election last year and you got what you wanted from us. Mr. Rasheed: Well, not... Mr. Dawkins: Oh, wait now, wait now. Nov, why didn't you use that same.... you pay taxes in the County, you vote for the County Commissioners and why didn't you use that same tactic and go before these just before election sat demand what you want? Nov, we waited until after the election and now - you I will go - no, no, no I won't write no letter. I will appear with you baton the County Commission requesting that they give us some relief. I'll to better than write a letter. If you get on the agenda, I will go with ym towm =` there and appear before the Commission and request that they give us sow tit. Mr. Rasheeds OK. Mr. Dawkisss I• that better or would you rather have the letter, I'll S you either.... its vo: i Mr. Rasheed: No, I prefer the public appearance that Mould be - yes. Mr. Dawkins: OK, I'll go with you. Mr. Rash**d: but, meanwhile, I want the, if it could be, the Mayor, the City Commission here, to make a statement for the businesses that won't be getting any financial assistance because I'm not representing myself, I'm somewhat - one of the representatives of the particular people that I'm here to identify some funding for. So I think the Commission should make a public statement to those people that won't be getting funded... Mayor Suarez: I've made my statement. If the rest of the Commission wants to make a statement, it's up to them, but... Mr. Dawkins: A statement will not help Phillips. Mr. Plummer: A statement for what? Mr. Dawkina: Phillips is losing his - has lost his business. Now, what kind of statement can I give him unless I give him some money to go back and recoup his business? Mr. Raah**d: Well, what do he do, do he go die? Do he go lay down and die? What do a person of this... Mr. Dawkins: I'm just trying to show you, air, that a statement isn't worth a damn. You need some action. That's what I'm trying to tell you, sir. Would you agree or disagree? Mr. Rasheed: I agree. Mr. Dawkins: OK, so don't, you know - I don't want you to - and I don't want to give you a statement that's useless. I want to help solve the problem. Mr. Rasheed: There's no help, we're saying? I mean, absolutely no help no where in this City. Mayor Suarez: I've made my statement. Anything *lee? Commissioners? Thank you for your presentation, Mr. Rasheed. We have Judge, Honorable John Gals here who wanted to make a quick statement... Mr. Dawkins: Hold it, Mr. Phillip* wants... Mayor Suarez: Sir, go ahead. Mr. Dawkins: OK, Mr. Phillip*. Mr. Phillipe Savory: I'm Phillip* Savory, Caribbean Conch Sh*ll restaurant and lounge. Mayor Suarez: What's the address of that, Mr. Phillip*? Mr. Savory: I beg your pardon? Mayor Suarez: What's the address of the restaurant? Mr. Savory: 4302 N.W. 7th Avenue. OK, give ms an.... Mayor Suarez: I'm going to be coming by, checking out your food. do ahead. f. Mr. davory: OK, now, I believe there's sows money left with our cosw lty development of which I could probably get there the nosey that I originally ; requested because I've done.... Mayor Suares: You were turned down as one of the 73 that were turned dew? �. Mr. Savory# No, I wun't turned down. I was actually approved Wes loan but then I was inform*d that I didn't go through the screening c�wittoo, so with the screening comittoe reviewed by applicatlon end thoy spprowed me. go, in the weaatime, you know, I'w bare to see it I could sW" an oppW so that I could ass saws of the messy tb"to MOL140e 4 F W • • Mr. Daftins: OK, how much did you request, Mr. Phillips? Mr. Savory: Originally, I requested $50,000 and the... Mr. Dawkins: OK, how such money is left that we didn't use? Mr. Frank Castaneda: Commissioners, there's no money. application would have... This particular Mr. Dawkins: No, no, no, no. Wait a minute, Mr.... Did you, or did you not say that there was some funds in this pilot program that were not used as of now? Mr. Castaneda: Some funds will come back... Mr. Dawkins: OK, how much funds are there? Mr. Castaneda: No, no, no. There are no monies right now. Some monies will come back in January if Lisa Industries moves out of the City, they will have to repay us our loan back which is $75,000. Mr. Savory: If I'm not making a mistake, I believe I read in the paper that you are expanded the programs City wide which in... Mr. Castaneda: Wall, that's another issue. Mr. Savory: All right, which in at this time, it was supposed to be a pilot program for the Liberty City area. However, $208,000 vas allocated on the pilot loan program on a Citywide level. However, there's about $78,000 that was left back. If you'll be nice and kind enough to give... Mr. Castaneda: That's correct. Mr. Savory: Could you just transfer some funds to the Liberty City - model city loan pilot program in order for me to got what I... Mayor Suarez: From where? Mr. Castaneda: From the Citywide program. You see, we've completed the model city program... Mayor Suarez: Yes, I got you on that. Mr. Castaneda: We've started the Citywide program. Mayor Suaraz: The Citywide program, do we have pending applications for that? Mr. Castaneda: Yes, we do. Mayor Suarez: Can he apply for the Citywide program or is he prevented becaus9 he's... Mr. Castaneda: We included model city because they will receive half a million dollars. Also, this... Mayor Suaraz: Wait, wait, now. It's a loan for your restaurant where you're located. Mr. Savory: Yes, sir. Mayor Suarez: Is that technically Model City at 43rd? Mr. Castaneda: Tea." Mayor Suarez: He can't call that Buena Vista or... Mr. Castaneda: Yes, lot me also say that the loan well$ It •ss... Mayor Suaress Worth Myavood or... *�* Ms. Wlq■sari YOU war* sapesed to mar Mast OW, 64" �.-- �ti 4 R 17r Mayor Suares: I mean - really, technically, that's model city's under the community development target areas... Mr. Castanoda: Teo, he applied under the Model City program because he live... Mayor Suarez: No, no that's not my question. Mr. Castaneda: OK. Mayor Suares: Is his - location of him business... Mr. Castaneda: Yes. Mayor Suarez: ... in Model City? You got a pretty broad definition of Model City. Mr. Castaneda: No, the definition of Model City is west of I-95 and north of the airport expressway and the City of Miami boundaries. Mayor Suarez: So, roughly 36th Street, 36th, 39th? Mr. Castaneda: Yes. Mayor Suarez: So he's four block inside. Mr. Dawkins: Well, is that company that you were talking about moving, is it going to move? Mr. Castaneda: It appears. According to what has appeared in the newspaper and their discussions with them, it appears that they will move. Mr. Dawkins: Than, have we requested the money? Are they... Mr. Castaneda: We have informed the county that if they move they have to pay us $75,000. Mr. Dawkins: Pay us how much? Mayor Suarez: Seventy-five. Mr. Castaneda: Seventy-five thousand dollars. Mr. Dawkins: And, so - well then, if it's finalized that they are going to move, we need to request our money immediately so that we can put it into - put it out there. Mayor Suarez: We can we request it now formally, so that if they do, but... Mr. Castaneda: Right now, we have formally told them that... Mayor Suarez: No, requested formally, meaning in writing. Mr. Castaneda: OK, let me make another clarification. There are other Model City loan applicants out there that are interested in getting money. In the case of Savoury, it was approved by the Loan Committee, rejected by the Lori Committee, and then it want to the Screening Committee. They had no approval by the Loan Committee. Mr. Dawkins: But nobody has been here constantly, every meeting like this gentlemen. Mr. Castaneda: No, I understand that. Mr. Plummer: Yes, but I've got to ask a question. Vhy was he rejected by t1M Loan Committee?' Mr. Castansda: Because the business is in very poor condlttes. Mr. Savoury: Me, I don't believe that vos 44o reemmo -Ar, f " you msdo a1 apSeasaaae Dore the Gesrisales Ifto Is" #1aMr " the total of the awvst of nosey that i needed was WaMo MoO*, 194. ■ ki fact, the Commissioner directed me to make a presentation if I could prove to you that my business did not exceed $24,000, but yet it was under $20,O00 debt. If you wasn't convinced, I could bring it before the Commission, i went through the work of assessing the business and I made a... Mr. ?lumber: Does the Loan Committee put their findings in writing? Mr. Castanedas Yes, the Loan Committee has rejected this application after... Mr. Plummer: May I have, or ask you to forward to me a copy of their findings in writing as to the denial of the loan. Mr. Castaneda: No problem. Mr. Savoury: That was never done, Mr. Plummer. Up until today, I've never received a letter stating that the Loan Committee had rejected my loan. I was informed verbally. Mr. Plummer: And neither have I, but after today I'll have it. If I get it, I'll share a copy with you. Mr. Savoury: But I'll believe that Mayor Suarez: We'll look for additional funding, as you've heard the Commission inquire, and if we find it, we'll notify you so you can be the first in line. Mr. Savoury : But I believe I gave... Mr. Plummer: Well, wait a minute, don't promise that now, Mr. Mayor, excuse mel Mayor Suarez: First in line doesn't guarantee him anything. Mr. Plummer: Well no, but there are other people that have already been through the full process... Mayor Suaraz: You will be in the line for possible... Mr. Plummer: You can go back in the line, which he is not now, but there are other people I know of a number of them that are already in line ahead of him that are waiting for that extra money to come back, so I... Mayor Suaraz: So the thing is initially you said you had been approved, now it appears you were rejected and now for lack of funding, or for other reasons we have to ascertain exactly what that was. Frank, was the final statement that you made to us, that he was rejected not for lack of funding, but other reasons? Mr. Castaneda: Right. He was approved by the Loan Committee, then rejected by the Loan Committee. After that, he went again to the Screening Committee. The Screening Committee has approved for him to to back to the Loan Committee, but the Loan Committee has to make a final decision on the loan. Mr. Dawkins: All right, give the report, whenever he was approved, then give me in the same report that you give Plummer, the report that was set in that would make the Loan Committee rescind its approval, ■o that I can know whether staff, or who determined that the business was not a going project. Mr. Castaneda: Sure. Let me also state that the business... Mr. Odios Can I ask a question? Is the business existisg today? Is i,t existing today? Mr. Savoury: Yes, yes. F Mr. Odios I was informed that it was so lour, that you mare no %on#& business. v Mr. Savoury? Well, it is closed at t1M prasaat tine, Mail irbae+ait�R> ��� Paying Partial rest, "Lag Dart -time :amploymat, but I #mod Q Musiseas It I ass got the mssay to do so. F !L _y I Mr. Plummer: How long have you been closed to the general public? Mr. Savoury: For about three and one-half montha. Mr. Plummer: Three and one-half months. Mr. Savoury: Tea. Mr. Plummer: Mr. Mayor, don't go off for lunch. Mayor Suarez: There is no other action we can take at this point on your application, but you are not totally ruled out at this point. 69. CHRISTOPHER COLUMBUS DISCOVERY FOUNDATION (continued discussion) regarding kickoff event of the Columbus Celebration in Miami (see label 65). No action taken. Mayor Suarez: We had Judge Gale, and that was actually part of the presentation on item 80 that we didn't really allow you to make, so if you want to sake a quick statement, Frank, or let the judge make a statement. Mr. Frank Cobo: Thank you Mr. Mayor and honorable members of the Commission. You have received in the mail from us the Christopher Columbus Discovery Foundation material. Let me briefly just say that your're carrying your castings on time, and I was late, so I apologize. Mr. Dawkins: What else is new? Mr. Cobo: And what else is new? Mayor, the Christopher Columbus Discovery Foundation has been actively promoting the City of Miami since 187, and our Intent is, with conjunction of the City of Genoa, which we have received their endorsement, to carry on the celebration until 1992, which means we will be very much involved, very similar to the Statue of Liberty celebration in Mew York, as well as the Bicentennial of our country in 1976. This involvement that we have with the City will be very helpful. The City of Miami Trade Board, which tha honorable Commissioner Miller Dawkins sits on, has already sanctioned us. The national chairman, Mr. John Goudie appointed by President Reagan, has also sanctioned and has recommended our group to serve in that purpose. Today we have a very distinguished member of our executive committee, the Honorable John Gale, administrative judge of the Circuit Court, as well as vice-chairman, vice-president of the National Italian -American Foundation, and chairman of the Italian Foundation of Miami. We're very honored to have Judge Gale on our executive board. Our purpose is to promote Miami in the trade area, increase the educational and the historical balance between Genoa and Miami area, and to focus on an increase in tourism. We would like your sanction, and I understand that previously you did pass that. We thank you for this opportunity. I'd like at this time to introduce... Mayor Suarez: I thought you were going to tell us that you were Italian too, Frank. Mr. Cobo: Well, supposedly the name, Cobo is an Italian... Mayor Suareze Judge, good to have you. Judge John Gala: Thank you. I appreciate this opportunity. I know yea wn very busy and there are probably more important things to discuss, but wo vast you to know the Italians don't come here very often, so we vast to maks ow presenco known, and also tell you, to remind you that there are only two places that have been approved for this Columbus celebration, that is the city of Columbus, Ohio, and also Miami, Florida, and we've got a littlo bit bohind here. Columbus has raised over $50,000,000 for their celebratiess, aN We haven't done anything near that, and I got concerned bessuse 4*kw -to Fumlog out mad so on* ssemis to be that interested is colmbrotisg GUftbwam o 4,0w r Columbus celebratios. We have some people hems, Ns. 404 =llsd Catmoo"lat low`;F a took up the baton, and does ease very sigsilisast thlm"41 4� 1Ad Vim lei W4uals who have dono a let. We're talus, to got UW' 004bt* 1 f;W. r,s used to have the help of the City by way of your approval to conduct this. For example, we have three ships that are being built right now in Genoa, that are the exact replicas of the Nina, the Pinta and the Santa Maria, and they are going to sail from Genoa to Miami in time for that celebration, and I was able to get them to give me those three ships, which we are going to give to the Port Authority, we'll have them on permanent display in a museum here in Miami from now on. But we need to have your backing to be able to do this effectively, because time is running out, and I appreciate your time and I hope that you will help us any way you can. Mayor Suarez: Yes, thank you, Judge. Mrs. Kennedy: Judge, what else do you need from us? Judge Gals: Well, right now, we just want you to support the functions that we have. We're not asking for anything except your support and recognition, that we want to have Columbus celebrated here in Miami, and that we will encourage the citizens to act with us. Yes, we also know that there is a statue of Christopher Columbus here in Miami that has been displaced somewhere. I don't where it is right now, and we thought that in conjunction with huge celebration that we would put it somewhere significant, maybe across from the Intercontinental Hotel. We have to get busy with this, because it is disheartening to me when I find for example, last year the Chief Justice of the Supreme Court of Florida was unaware that Columbus is a national holiday and you know, with that type of thing going in Miami, or rather in Florida, Miami has to get busy and do something about it, so we don't fumble the ball and be a disgrace to the entire world for something so significant. Mayor Suarez: Judge, I want you to know that among the many efforts that are being carried out to promote the 1991 celebration, are the efforts to bring as many conventions related to that theme as possible, of all sorts, and I happen to have a meeting tomorrow to attract two of these. They cannot be announced at this point, but it would be in conjunction with that theme, and I'll let you know as soon as that is determined, if we can go public with it and I'll also coordinate with the rest of the coasnittee and Commissioner Dawkins' International Trade Board, so on, but it just happens tomorrow we are having a meeting. They're are very exciting, major, major conventions that think that Miami would be ideal for 1992, using that theme, so there will be a lot of activities in the City. Judge Gale: We are willing to do our part to help that. Thank you. Mayor Suarez: Thank you, Judge. Bruno, at your own risk. We've takes your Item twice, and... Mr. Bruno Carneaella: Yes, very quickly. I just want to remember to you that Genoa has already tentatively approved, they come here for 1992, for January and February and that we ask of the Commission if we can go ahead with this route, and of course supply to you all the necessary information, but basically, they already will come in January and February of 1992, so we have them. Thank you very much. 70. BAY HEIGHTS/NATOMA MANOR AREA TRAFFIC STUDY - direct Administration to study feasibility of implementing a one-way street system - set public hearing - ensure enforcement of traffic laws in the area (ass label 90). Mayor Suarez: Unless any of the Commissioners have any problem, I would be disposed to go onto item 101. Mr. Plummer: I would love it. Mayor Suares: OK, item 101. Mr. Plumaser: Mr. Mayor, before we start off, if I nay, there has bout a rwuor around my neighborhood that I an the one that is involved, sad I mmid illte to squelch the rumor by telling you it is true, it is not a rumsri I want you to also know that at the tine, approximately one year ago, whoa all of the st" signs were placed after may public hearings, it was said at that tkw %ba 197 geyt*4Wb tt • 1 A that matter would come back up for review in approximately six months and it has been almost a year. The second portion of the reason that we are all here today, myself, including my neighbors, is that because a group of people in one of the neighborhoods, and I will not mention it now, if it is necessary, I will, were very concerned because them seemed to be getting an extreme amount of the traffic as a result of the stop signs, and asked that this matter come back up before this Commission today. I would do the same for any group, whether it be Bay Heights or any given street, that asks me as a representative that they voted into office, to bring a matter before this Commission, and that is where we are here today. I have stated to most of you who have stopped by my house and taken advantage of being under my carport, that I am very much opposed to the proposal by the City. I don't think that the arms or the gates will work in any way, shape or form. Likewise, I don't believe the stop signs are working. I stood yesterday in my garage, at the Intersection of Halissee and Tigertail and I counted 37 cars in 30 minutes, that didn't even slow down for the stop signs. They just flew right through them. I think the basis of what we are looking at here, and this is not precedent setting, as to what solution we will come up with. I would hope that we could come out of here today with a neighborhood who acknowledges that we have a problem. We do have, in my estimation, a real traffic problem in our neighborhoods. Let me further go on and state that there is no question that all of our streets are considered residential streets, and by standards, residential streets are designed, if I am not mistaken, to carry between 300 and 500 cars a day. That is what they are designed for. Not my count, or the City of Miami, but the last count that was done at the intersection of Halissee and Tigertail by Metropolitan Dade County. There were three cars shy of 3,000. In a given 24 hour period, there was 2,997 cars, according to Metropolitan Dade County's count, which is about six times more traffic than those streets were designed to carry. I don't know what an answer or a solution is, but if I think if we can go away from here today with a consensus that says, yes, we have a problem, and yes, we want the City to address that problem, that's not what I am paid for. We have professionals who we turn to and say, here is a given problem and we hope that you will come up with a solution. As you heard here today, we've already had two requests here today for around 27th Avenue and Aviation, wanting their streets barricaded. We have done this also in other areas of this community and they have been tremendously successful. Belle Meade, for example, the area, not the island, but Belle Meade, worked out extremely well. Coral Gables did Bird Road, where they barricaded certain streets out there and it has worked out very well. And I think the most interesting one, was not necessarily the one that was on last night, in I think it was Pompano Beach, but the most interesting one was in North Miami, which is something that I had never really considered, because to me, the problem that we have had is one of safety of our neighborhoods, our kids, our animals, and the whole nine yards. Is it in the North Miami study is showed in 90 days that not only did it address the problem of traffic and safety, but it showed a 46 percent reduction in crime. That's interesting, and all of you, probably half of you are here, or more than half of you here, have had your house broken into, your car stolen, or your car broken into. So basically what I am saying is, that this public hearing is a little bit overdue. I am tremendously pleased that as many people have turned out as they have. I am not trying to sit here as a dictator, or as a neighbor, and say, hey, this is what I want and I am going to ramrod it through. That is not the case. I disagree with the City as far as the gates are concerned. I don't think that they will work, but I think we can find a solution and I think we have got to find a solution, because the situation is not going to get better. It is not going to get better, it is going to get worse, and it is bad, bad now. Now, the City can go ahead and make their presentation. It Is immaterial to me who you hear from. I want to hear from the people, you know. Mayor Suarez: Do you want to make a quick recommendation on behalf of the City, what the... Mr. Jim Kay: The City is recommending the results of the planning study done by the Department of Public Works and the Planning Department to put is automatically operating gates at Samana Drive, at Hallesse Street and Alatka Street. This would be closed at 3:30 P.M. in the afternoon, and no... Mayor Suarez: You know, I'd have to confess ignorance. What do 3m 4sae by automatically operated gates? Not like toll booth type gat*s? - Mrs. Keanedys On a timer. Mr. Kays These gates would be... Mayor Suares: You don't put money in them. Mr. Key: No, you don't put money in thew. If they are not operated by a card, they would be on a timer, and it Mould be closed... Mayor Suares: It would be on a timer? Mr. Kays On a timer, just like... Mayor Suarez: Does that mean that they are permanently closed some of the time? Does that mean as you approach, they open? If you wave right, they open? Mr. Kay: No, they would be closed for two and one-half hours. Mayor Suarez: You live in the area, they open, or what? I've never heard of this concept in my life. Is there anything like that done in... (APPLAUSE) Is there anything like that in the City of Miami, or anywhere else? Mr. Kays No, sir, there is not. Mayor Suarers Maybe that is because... no, I really, when I read about it, I just couldn't understand what we were talking about. I mean, they are permanently closed some of the time? I mean, they are closed some of the tine, and open to anyone the rest of the time? Mrs. Kennedy: You mean to tell us that this would be a first, nationwide? Mr. Kay: Not nationwide. I believe there is one other location, further up the State sways, but this would be a first for this area. Mr. Plumsers Let me ask this question for the Department or of legal staff. A number of people have asked me. Can the City of Miami place speed bumps legally in the road. Is that possible? Mr. Kay: Mr. Commissioner, we do not recommend speed bumps. Mr. Plummer: I didn't ask you if you recommended. Is it legal? Mayor Suarez: Can we legally do it in our own streets that we have under our jurisdiction? Mr. Fernandez: If the City makes the property finding that it is in the best interest of the citizens in their health and welfare, and safety, yes. Mayor Suarez: OK, if we didn't think that, we probably wouldn't put speed bumps in. Mr. Plummar: OK, now then, let me ask the other side of the coin. Why don't you recommend it? Mr. Kay: Because of the liability problem, motorcyclists going down the street, hit the bump, and they go flying out of the way. Mr. Plusses: But he is saying that if it is in the interest and safety of the welfare of the citizens... y$ Unidentified Speaker: and somebody gets hurt. Mr. Fernandes: Well now, it is a balancing act that you west do. Mr. Plsmusars Wbat about the rights of the citizens who live ass 3iieftatl VW walk out in their street, and take their life in their hands swosy that any different? 1lr. Kays As you said, it is a balancing net. From all of the VoUleAsA e that we have read and goaa through, speed bumps are net F A r.s 4'•. 3 Y Y �T44F.. ...a. T1 ' i 7 � Mr. Pluamr: Wall, let me tell you, they Mork, and I've seen thew, let we tell you, in private properties, like trailer parks, and buddy, they workl OK, now I can't answer as to the liability of them, that is the City Attorney would have to make his recommendation there to this Commission, because he would have to be the one who Mould have to defend them, but, you know, even that, will not necessarily deter that great amount of traffic, but at least, for God's sake, it would slow it down. Mr. Dawkins: You mean to tell me that if we put speed bumps in and put up notices, stating that 50 feet ahead is a speed bump, and an idiot comes by and reads and still goes and hits the speed bump and loses control of the motorcycle, that I am liable because he didn't adhere to the sign? Mr. Kay: Commissioner, people run through stop lights. Mr. Dawkins: I'm asking the City Attorney, not you. Mr. Fernandez: In a court of law, that would be taken into account, certainly, as a warning, and if you are warned of bumps cowing ahead and you totally disregard it, that certainly would stand us in very good stead in defending whatever lawsuits. Mr. Dawkins: OK, what happens when I come to a stop sign and I don't stop and I run out and plow into another car? Who is at fault? I mean, who does the court find at fault? Mr. Fernandez: Usually the party who ran the stop sign. Mr. Plummer: Depends on who has the best lawyer. Mr. Dawkins: OK, so wouldn't the same principle apply to a speed bump? I mean, I don't knowl Mr. Plummer: Well, I have already been told one good reason why we can't put speed bumps. They'll totally demolish a fire truck coming down the street, so that's out as far as I am concerned. Do have any other solutions? Could we, for example... now some of these people are not going to know what I am talking about, you do. Is our area too small to consider the Oregon Plan which is a proven plan. Is that area too small to try that? Mr. Kay: The Oregon Plan works when you have another way to go out. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Well, OK, basically, I'm... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Please, please, we are going to have it explained. Mr. Plummer: All right, let me give it to you in a nutshell what the Oregon Plan is. You do not deny anybody the right to use the streets which are public. What you do, is you make it damn inconvenient by a series of left turns and right turns, that if they wanted to go off of Bayshore down Tigertail, that they are probably going to have to go to Dixie Highway, back over and come back up again, OK, like some of them who are now beating it through Bay Heights, instead of coming in Samana and making a left hand turn to go to Tigertail, they are making a right hand turn and go all the way around. That is the Oregon Plan. It is basically a series of cul-do-saes, is what it is. Is our area too small for that? That is the point I m asking. Mr. Kay: We considered that. The Oregon Plan would be a permanent installation, which would be an inconvenience to owners all the time. Vhat we were proposing with the gates is something temporary in the afternoon, MbLob would be an inconvenience to the homeowners in the area. The Oregon Plm, like I said, it works if you have a way to go out, and the area really just Is not, as you say, I don't think it is large enough. I'd like to... k. Mr. Plummer: Olt, Mall, that is what I was asking. Mr. DaMkiasI What 18 the cost of the mscitsniaal 0per4t4ld,4=1 1 Mr. Kays They are $11,000 each intersection, $11,000 each intersection. Mr. Dawkins: $1,0007 Now, in the event that quote, unquote, my grandson has a beat up jeep, and he decides that he don't like it, and he breaks it off. Now, we put that one up, we are out $11,000. Along comes his school mate, he gets tired of waiting, he drives through it, that is another $11,000. Mr. Plummer: No, no, you are only replacing the wood. Mr. Kay: No, no, you are just talking about breaking the gate. It would be a breakaway gate. It has to be a breakaway gate that could be replaced. Mr. Dawkinss What is the price of each breskaway gate? Mr. Plummers $100, you are only talking about the wood. Mr. Kay: You are talking about the wood, right, $100 at the most. Mr. Plummer: That's out. I am totally opposed to those arms. I think it is a waste of time, effort... Mr. Dawkins: Well, there is two votes against them. I don't know about a third one. Mrs. Kennedy: Three. Mr. Plummer: Let me ask you... Mrs. Kennedy: Three and four, because he lives in the area. Mr. Plummer: ... do you have any other ideas, because to me, there In only two other things that I know of that we can do, OK? One is the possibility of going and reconfiguring a series of one-way streets. OK, that is one, and number two is that this Commission demand of the Manager that he put sufficient law enforcement in there to write tickets for those people that are In fact, violating the law. (APPLAUSE) Nov, you know, well, you clap on that, but you know, then I've got other people who, having their house broken into and saying, hey, don't worry about the policemen worried about traffic, worry about my house) It is a balancing act again. Now, is there, in your estimation a series of one-way streets that could be configured, that can in fact, come up and offer some relief to those two residential areas? Is that possible? Mr. Odio: J.L. if you take Alatka, which is the entrance to our neighborhood, and make it one-way, that would stop that from happening. Mr. Plummer: Well, then you have got to do the same to Halisses. Mr. Odios Then you would have to do the same thing the other way. In other words, that could work, if it was well planned. Mr. Plummer: Well, let me tell you. Mr. Dawkins: The traffic expert wants to may something. Mr. Clark Turner: Commissioner, the one-way question... Mr. Plummer: For the record, your name and who you represent. Mr. Turner: Clark Turner, I'm the transportation planner, City Planning Department. Mr. Plummer: Of the City of Miami. Mr. Turner: Of the City of Miami. Mr. Plummer: Thank you air. Mr. Turner: The one-way plan was one of the .optisns that couple of years ago, after which, suer consideration of 04"r44 4V%&Q4l4,}1W stop sign plan that is new in ef[Nt, was tried. 'lM.,PWOMWO Vit ; streets in that area, is the "No problem we have with the stop 91W aA: lot the no right turns from South Bayshore Drive, that are now there, restricted to certain hours a day, 400 to, I believe 6:00. Now, recognizing the traffic volume that you have already cited, are more than residential streets ought to be carrying= they are nonetheless, small traffic volume in terms of arterial streets. What happens with... Mr. Plummer: Arterial streets, yes, but not residential. Mr. Turner: Right, but what happens with... Mr. Plummer: And by the way, for the record, that count done by Metropolitan Dade County was one year ago, it is now worse, so... Mr. Turner: No question about that. The point is that with relatively light, by arterial standards traffic volume, one-way streets are ignored just as much as the stop signs and the no right turns are ignored. Mr. Plummer: But doesn't it give us, or the Manager, the right to have a double edged sword?... that if you had the stop signs and you had a configuration of one-way streets, that putting the policeman there to write the tickets, it wouldn't take long to prove to be detrimental. Mrs. Kennedy: That's right. Mr. Plummer: You see, I've already got a problem and I am glad Judge Gale is gone. I've got a problem with that judge who made a statement in television that when we were enforcing an ordinance of the City of Miami, that ovary one of them that came before him, he was going to throw out. Nov, I forget that judge's name, and I am glad, because I hope he is up for reelection pretty soon. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. lornandez: Almost a neighbor. Mr. Plummer: He is almost a neighbor? Mr. Dawkins: I don't have any problem with him. I... Mr. Plummer: Yes, but is that the one that lives on the other side of Bayshore Drive? He doesn't give a damn, he wants to push it sty way, you know. Mr. Dawkins: I couldn't care if he throw one out every day, I am prepared to send him one back every day. Mr. Plummer: How about two back? OK, I don't want to... Mr. Turner: Commissioner, there is no question that coupled with effective enforcement, the signs can work. The key is the enforcement, and there is also the enforcement has to be directed toward violation of what the signs may, and not concentrate on where the person who happens to violate it lives. Mr. Plummer: All right, one other question, one other and I know it is confusing, but I just must ask it. Is it possible, I know in some cities that I have been, some streets are one-way certain periods of the day, and one-way the other part of the day. Is that too confusing? Mr. Turner: It is very confusing and it is doubly confusing when there is lightly traveled, yes. Mr. Plusssor: I'm just asking, thank you. Mr. Plummer: Ann, go ahead. Ms. Nancy Benouaich: Can I speak now? Mr. Plummer: Why not. fs- Me. sonoualeb: Thank you. You took a lot of the Mind out of y saiio I wet you to know, but that is Olt. My nsste is Nancy 30AWalcks I M }rN444t, of the Nay Nelgbts UVrovestent Association and I just vast you to bow fad onset, I ant also speaking for Matowa Manor. j� r f Ij Mayor Suarez► Do they have an association tool Me. Benouaich: No, they don't, but... Mayor Suarez: When was your incorporated, just out of curiosity because we are always... Me. Benouaich: I believe it was in 1960 something. I have the charter, but the date escapes me right now. But, anyway, to make... I will make it as brief as I can. We have a petition here we would like to submit to you for the record, that out of Natoma Manor, out of about 106 homes, we have 66 signatures, which represents one household that are against the gates for Natoma Manor. I also have another petition from Bay Heights. There is about 166 homes involved, I have the signatures of 101 against, so I do want to submit that as public record. Mayor Suaret: Those are ordered into the record. Mr. Plummer: If they are against the gates, I could have saved her a lot of time. Ms. Benouaich: I believe we are in agreement about this situation with the gates. We are against, we feel like it is a bandaid on top of wound and it is not going to get any better through the years because with the development of South Grove, it has to get worse before it gets better. There were some people, I must tell you, that did not want to sign the petition because they have children two, three, four years old that live on Shore Drive Bast, and they said, you know, I am terrified to take my child out on the street, and I said, I agree, mine are 12 and 13, and they are forbidden to ride their bicycles at that time of the day, because they are so fast. Sometimes if you want to walk your dog and cross the street, you know, you have to wait for the procession before you can walk across the street, Bay Heights Drive, and Shore Drive Bast, both face this problem. Also, some people are of the impression that putting those gates up will add to the value of their house. Well, the only way the value of their homes will go up is if we have guard gates there with a manned guard there, something like the Hemispheres, or whatever, but we also feel that these are public streets and that we are not entitled, nor do vs want to have the entrance blocked, but there has to be an enforcement of the speed laws going through there. I have asked, I have made phone calls asking for signs to be put along Shore Drive Bast in Bay Heights, asking that the speed limit be reduced, but they may the most you can ask for is 30 miles per hour, but then again, when you have got them going SO and 60 miles and hour down your street, who is going to be out there? I sometimes I feel like squirting the water in their faces as they go by. You know, it gate to the point where it is ridiculous. I think most of us are in agreement against this. Just out of curiosity, how many people are here from just Bay Heights? OK, how many are here from Natoma Manor? So all together, Bay Heights and Natoaa Manor, how many are here? OK, well after this 101, you will be clean a few people here tonight, but anyway, I just didn't... I had a few arguments against, one of them being the school buses dropping off the kids, would be able to get in, but then they would have to go a crazy route to be able to try to get back out again. Again, the fire trucks, there is a problem with the fire trucks. Anyone angry can break those gates and now we heard the figure for the first time, it would be $100 a gate, so just to make a long story short, the tickets that are being given out at Samoa&, OK, it is public notice, so we will make it more public, I guess, that those people turning right on Samana from Bayshore, if they want to fight their ticket, they can go to the judge and the judge will throw it out of court. I have taken it under legal advice that if the gates go up, and somebody takes us to court about those gates, I don't know whether it would be us, or whether the City, that they could be torn down. And then we are out the $33,000. Mayor Suarez: We call that a moot question, you know? You can disawd t w issue of the gates. Mr. Plussisr: Ann, can we agree? The gates are out of the gwst Un. Mrs. Kennedy: We are not talking about... ir- Me. Benouaich: OK. 903 Mr. Plummer: OK?... so don't even speak to that. Me. Benousich: So, my recommendations, OK, are, first of all, enforce the laws. I believe that if they come in there once a week, sporadically, not each day, they can make the money for the City that it is costing to put them there, believe met Mr. Plummer: That's not what we are after. Ms. Benousich: I know you are not, but I don't think we can solve it here in the Commission Chambers. I think what we should do, is we all meet together, Matoma Manor, Bay Heights, we did it before, August 31st, we met here. There is no reason why we can't come up with a plan without wasting too much of the time of the Commission, as well as money for the study from the Public Yorks Department. We'll work together, I can go around, get everybody together. Ye can discuss it, your proposals, future proposals, and see what we can cos» up with. We are perfectly willing to work with you, and I must make a public notice that we are really getting fed up with the press, saying that we are an affluent neighborhood that is stopping the public from coming through our neighborhood, which is ridiculoust Mr. Plummer: I wish to God, you know, the press would leave it as it is, because they may I live in that very affluent neighborhood of Bay Heights, and I don't. Ms. Benouaich: I know. Mrs. Kennedy: I love your idea. Ms. Benouaich: You are welcome to come. Mayor Suarez: They say I live there and I can't afford to buy into that neighborhood. Mrs. Kennedy: I love your idea of the meeting and let's make sure that we all go there... Mayor Suarez: I'd like to buy your house, as a matter of fact. Mr. Dawkins: And I certainly don't look like Dr. Chapman, so you know I don't live over there. Mrs. Kennedy: But let's get somebody from Public Works present that day and work out a solution. Ms. Benouaich: Oh, definitely, to work with us, yes. Mr. Plummer: Well, you know, what I hoped to accomplish I think has been accomplish, and unless somebody else wants to speak to contrary. Ms. Benouaich: J.L., can I finish one second? You had talked enough here, for a second. Mayor Suarez: We thought you were done, that was it. Me. Benouaich: Almost, almost, I just have one other point, and that is I believe that the whole key, as someone from Public Works Department had mentioned, the whole key is the widening of Bayehore Drive. If we can gat... Mr. Plumm r: 8xcuse me, let me squelch that right now... Me. Benouaich: Wait, and I just mention... Mr. Plumm r:... let tell you you can't do it. It's already designated as historical. Y' No. Benouaich: I know, historical, but can't we add one more lasel ' ' kM: x Mr. Plummeri No, you can't." Mrs. Kennedy: You cannot touch it. FM Mr. Plususert You can't do anything... Rose Gordon, who lives on iayshers Drive, God bless her, wade damn sure that that would never happen, because she got it designated as a historical designated street, and it stays as it is, period, amen! Me. Benousich: Thar* are no amendments to it? Mr. Plums+:er: No, Ma'am. Me. Benouaich: No? Mr. Pluasaer: So, I agree with you. If the people... I think it has been shown on 17th Avenue, OK, where I used to have to wait 20 minutes at 17th Avenue, I don't have to any more by just the addition of one lane, all right? Ms. Benouaich: Yes, it is a big improvement. OK, and one other point, I roust tell you, that we are more against the gates than really the closing... Mr. Dawkins: Well, we've already said we are not going to have the gateal Me. Benouaich: I know, I know. Mr. Dawkins: I mean, but you keep coming back to the gates and we have already said we are not going to have them. Ms. Benouaich: No, no, I an saying we are in agreement about that. My point is, if you want to come back to us now, we are putting it down, the whole plan, including the gates, including the closure of Halismes at U.S. 1. What I am saying... Mayor Suarez: Let me say on* thing very briefly on the other point you made, just so we don't give any misinformation. Although we cannot widen South Bayshore, a plan has been proposed to add a Ian* somehow within the present width of the str*et, and the last thing we acted on, if I remember correctly, was only to do that for the right turning area on 17th Avenue going north, but that still was a plan, and maybe you ought to look at that proposal and see what you feel about it. Ms. Benouaich: Well, I will see what we can do because there is no reason why during the morning, that you have two lanes going north and one lane going south, and reverse it in the afternoon, two lanes going south and one lane going north. Mayor Suarez: What was that part of the transportation concept that we considered to changing morning to the evening flow of traffic? Mr. Turner: All that was recommended was the addition of a right turn only lane to 17th Avenue. Mayor Suarez: Why didn't we think of the possibility of reversing the extra lane and the afternoon? Mr. Turner: It's complicated, difficult to enforce, somewhat expensive to install, but it is certainly is a possibility. Me. Benouaich: Other cities have done it, we can do it. Mayor Suarez: We have smart people living here. They can figure out wi►ietb time of the day it is and which lane they are supposed to use and... Mr. Turner: Signalisation is a problem on that, but it is not insurnouatable. Mayor Suarez# I know that's a bit of a problem, but it to done in many cities.` Me. benouaich: OK, thank you for your time and everything you have low for us in the past year since I have been here, with police control sad everything. We do want to tell you we appreciate it. q: Mayor Suares: Thank you for your statement and for your cooperation. v� 3 A" Mr. Victor P. Grilay: Mr. Mayor and members of the Commission, I am Victor Griley, I live at 1674 Noc-a-tee Drive, that is in Notoms Manors. It is plural, not singular, just to keep the record straight. We are in agraement with the Bay Heights organization as to being against the gates, we are also against blocking and closing off Halissee Street at U.S. 1. You close that off, and it is really going to create a jam. We are solidly against it. I have prepared some thoughts on this subject, which I think are fairly well balanced, and with your... Mrs. Kennedy: Can I interrupt you for one second, Mr. Griley. Could I see a show of hands of how many people are opposed to what you are saying, and how many people are for? Mr. Griley: I said that we are opposed to the closing of Halissee Street at U.S. 1. Mrs. Kennedy: OK, let me reverse the question, how many people are for that? That's great. Mayor Suarez: How many agree with him, because otherwise... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mrs. Kennedy: Agree, OK. Mayor Suaraz: How many disagree with him on that point? Mrs. Kennedy: Because I have been saying the same thing also, I think it is a great idea, but I haven't talked to you. OK. Mr. Plummer: You think it is a great idea... Mayor Suarez: If we are going to go based on the votes here, it looks like your point is well taken. Mr. Griley: All right now, if you don't mind, I've got a couple acre petitions here that have been signed... Mayor Suareze Please put them into the record. Mr. Grilay: And I would also like to... Mayor Suarez: I'm still curious to figure out what difference it makes if Matoma Manors is plural or singular, but I am sure you will... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Griley: The Fire Department has fire trucks all over torn and they are wired in with our radios. They give us a lot of fire... (INAUDIBLE) Mayor Suarez: We got 95 percent of your statement, the last little bit we didn't get in the record, but it was interesting anyhow, because you were walking around here. Ms. Joanne Holshouser: Joanne Holshouser, 4230 Ingraham Highway. I as here as a board member of the Coconut Grove Civic Club. I am chairman of the subcommittee in the Civic Club that is now going through the process of assembling problems to bring before you later this fall about Ingraham Highway and streets off that, so I would... Mayor Suarez: Assembling problems, you say? Me. Holshouser: Well, assembling the problems and a list and a... r Mayor Suaraz: You are not going to do that to us, Joanne. No. Holshouser: Mall, sorry about that) Mayor Suaress Assemble the solutions, and then... Me. Nolabsussre Well, one of the soiutLona awl? is `'W--1*& 4�'� a , Nfyh"y, s*lab I !tear you can't do. Wa goal&as t11et RIMS l* is tM a*"* a, ,.,y 204 part of the Grove have a problem and the Civic Club has never taken a position in the Grove of fighting residents on an issue and we are not in a position of doing that now. We are here to help out all of Coconut Grove. I would only ask you all to remember that what is happening in North Grove is because traffic flows back and forth through South Grove, so whatever solution you see to work on in North Grove is going to depend on what you do with the traffic, and the big problem is the traffic goes through Coconut Grove, all of Coconut Grove, through the mouth, and then to the north in the morning and through the north and then to the south in the afternoon and with the addition of the new zoning... I am sorry, however the court is decided it is the south and of Douglas Road in Coral Gables, we are going to be facing even more traffic, which will go up Ingraham Highway, Main Highway, and I am afraid, right through North Grove, so we really would appreciate being able to work with you all on whatever we can with that, and work with the citizens who are here, because it to all of us, it is not just one part of the Grove. Thank you. Mayor Suarez: Thank you, Joanne. I just want to say before Mr. VerPloeg leaves, that I was hoping you would make some kind of a statement insofar as you are a partner in the oldest law firm in the City of Miami, which was listed in Miami's phone book with the same name as it has to today, in 1924. Am I wrong? Shutts & Bowen is the firm. I started with them, so I've got to give them a little bit of a... Why don't you go up to the mike and make a quick statement, no longer than 15 seconds, Brenton. Mr. Brenton N. VerPloeg: All right. Considering what my role is relative to this, I am not sure that the founders of Shutts & Bowen would want me speaking on their behalf... Mayor Suarez: Well, we can end it at that, then. Mr. VerPloeg: I just want to inject this for consideration. I live two blocks west of 17th Avenue on Tigertail and they have... I have two small children, there is the same traffic... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. VerPloeg: I'm talking perfectly loud, but not close enough... and among other things, I was the attorney who presented the case to !furry Klein that got the matter thrown out of court, which I can't imagine is terribly popular In this environment, but I do want to make you aware of the fact that there are more than just... Mayor Suarez: It is popular with my wife, I want you to know, she was really against that ordinance, but that's... Mr. VerPloeg: ... really simple solutions to this, because there are clearly constitutional questions that are presented by restricting this kind of traffic. I acknowledge that there are arguments you can clearly make in favor of restricting traffic in that residential neighborhood. The problem with it is, that they are identical to the arguments you can make in favor or restricting traffic in any residential neighborhood in the City of Miami, ten feet to the west across 17th Avenue, ten feet to the north, it really doemn't make any difference, and under those circumstances, I really wonder whether the Commission has the power to put this kind of ordinance into effect. Mr. Plummer: So what you are saying is, we should sit here and watch our children killed, we should watch our people injured... no, I am saying tbatl In other words, this Commission should not take any action and we should not be concernedl Mayor Suarez: I'm sorry I got into the issue. It has been decided by the court at this point. Mr. Plummer: You know, if the courts... Mayor Suarez: People can appeal, I guess the City could appeal, I suppoa. Mr. VerPloeg: May, children grow the same age and the same s3.ss emet aldl wpm$ of 17th Avenue, is all I can tell you. Mr. Plussmsr: Key, and if you cams here and said you %voted stop sJ4pW so Ave"*, Sir, I mould vote for you, because it is a rsaewy. Mr. VerPloeg: Wall, I did write a tongue and cheek letter to Mayor Suarez, telling his that, in view... in fact all of you got one, in which I said, that in view of this development, initially I had been opposed on constitutional grounds, but maybe I'd been a little hasty and I now now the opportunity to close off traffic on Tigertail Avenue between 17th and 27th, which would oaks, my life an awful lot quieter, so, it just is a matter of... Mayor Suarez: I didn't get that letter. You have to talk to your secretary. Mr. VerPloeg: Goah, I am shocked. Well, maybe you should talk to your secretary, I don't know. Mayor Suarez: Touchel Mr. VerPloag: I'll send you another copy of it. It is one of my best crafted work products. Mayor Suaraz: I will tell your partners to settle that other case that we are trying to straighten up with you guys, the Brickell Park case. Mr. VerPloeg: OK, that is my only speech, thank you much. Mayor Suarez: Thank you, Brenton. Mr. Winston: Let me, I will get right off, please, I am not an attorney. We do want something done in our area. We love where we live, we like, we want to keep the safety and get a little more safety so you people to think, and you will come up with something, but what this gentlemen said about legal problems, all the plats in the plats of Bay Heights say on it that, "The avenues and streets shown on the attached plats, together with all the existing..." etc., etc., "are hereby dedicated to the perpetual use of the public." So in thinking in the future, you can't close these streets off, according to the plat, otherwise things reverse back, etc., etc. These are written on the plats of all the Bay Heights, Matoma, etc. You can check it wherever you want, you can find it there. Mayor Suarez: Well, that probably doesn't prevent a barricade, but it speaks to the other argument, having to do with people not being able to drive through there. Barricades you can always put up, because you can always use the streets just by coming in from the other side. Anyhow, those arguments are interesting in court. At this point we want to get on with business. Anything also from anybody, before we... Mr. Plummer: Well, wait a minute, whoa, whoa, please don't leave. Mr. Dawkins: Wait a minute, this gentleman wants to be heard, come up, sir. Mr. Plummer: Let's come to a conclusion here now, because I think that we are going to have another meeting, OK?... and we are going to have to, what I an hopeful is asking of the transportation or the traffic section of the Planning Department to try and develop some kind of a series of one-way streets, something that would work, that also we would ask the City Manager to afford us for a 30 day period, at least, no less than 30 days, the enforcement necessary to enforce what is already there, and then we can come back here in 30, or 60, or 90 days. We can have a community meeting first, to let them go through the series of one-way streets, if that is the only solution, and bring it back here before this Commission, and as to appease this gentlemen, we are not, absolutely not, denying anybody the right to use the streets. They oso use them, but they are going to have to abide by the rules that are set forth, because if they don't they will be enforced, so hopefully that's what we are going to come to. Ms. Benousich: I'll contact the Public Works Department. I'■ sure that we cm Set together on this and I'll submit it to the reeidents and get their opinion. Mr. Plusmwr: Mr. Mayor, could I reschedule before this Commission, a IM"tiag on November loth, that prior to that time, the traffic divisias would dovelo► a plan, a series of one -war streets, present it to the peoplo, the resldows of the affected area by no later than the 20th of October, giving t!M 10 dam►# in which to review and make cement on, and th" cow bettro thU ,,ggl� on the 10th of November for Coamission action. Would I be to *"or? i • Mayor Suarese Absolutely. Mr. Plumaers I'll so move. Mayor Suarete So moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. No technical problems with that? Mr. Plummers Wall, this gentlemen wants to speak to the nation? Mayor Suaress OK, we are just going to go ahead. We have any problems with that procedure, Mr. Manager, Mr. City Attorney? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoptions MOTION NO. 88-822 A MOTION INSTRUCTING THE PUBLIC WORKS DEPARTMENT TO STUDY THE POSSIBILITY OF IMPLEMENTING A OME-WAY STREET STSTEM IN THE BAT FIGHTS/NATOMA MANOR AREA, TO BE PRESENTED TO THE RESIDENTS OF THE AFFECTED AREA AT A PUBLIC HEARING NO LATER THAN OCTOBER 20TH, GIVING THE AREA RESIDENTS 20 DAYS TO REVIEW AND COWUNT ON SAID PLAN{ FURTHER DIRECTING THE ADMINISTRATION TO COME BACK WITH A RECOMMENDATION AT THE NOVEMBER LOTH MEETING FOR THE COMMISSION'S CONSIDERATION AND ACTION; FURTHER INSTRUCTING THE MANAGER TO ENSURE ENFORCEMENT OF TRAFFIC LAWS CURRENTLY IN EFFECT IN SAID AREA. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following votes ATESe Commissioner Victor De Turre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez 1#0E31 None. ABSENTS None. Mr. Plummere He wanted to speak, Mr. Mayor. Mr. Arthur Shanloffs I just had a question to ask, which I think has bans answered. For my part, my name is Arthur Shanloff, and I happen to be the living developer of Bay Heights. Mort Finegold was my partner, and he is deceased. My comment is, that Bayshore Drive is not the problem, it is Ingraham Highway and !lain Highway and I just want to know, it is impossible, but are they also a historic road? A Mr. Plummer: I think Main Highway, if I may remember, along aide of Coconut Grove Playhouse and St. Hugh's Church is. Now, how far it goes, I don't"` remember. r; Mr. Shanloff s In other words, that's where the problem is. lverythiag Mee k ` up on account of that. That's my only... Mr. Plu rs Woll, that's historic, so question about it. Mr. Shanloffs Thank you. Mr. Plumers Valli see you all back here on the 10th of go 0ASS, # ' o'clock is the afteraooa, Mr. Manager. • 4 5 • ct 71. NMPAPER RACKS ON CITY SIDEWALKS - direct Administration to submit weekly status report. Mayor Suarez: OK, we are back to discussion items, 81. It is my fault on $1, Ted, that we haven't done anything more. We keep hearing that on the issue of... there are all kinds of first amendment considerations, but were we not supposed to come back to the Commission with some kind of a plan to at least prevent the damage to the sidewalks at the chains into their posts, right? Mr. Ted Stall: Tee, it states very clearly in the ordinance that it is against the law to have these attached to any City property. The lamp post is City property, the trees... Mayor Suarez: And remember I spoke to the circulation manager from the Miami Herald and told them we were about to move on this because we really had to so something. We hope to do it in a way that did not involve us... Mr. Stall: The Miami Herald, The Miami Daily News and The U.S.A. have been most cooperative. It is all the other ones and all I want to ask is one question. I'll get off of here. Is the real estate advertising in these receptacles legal on the City streets of Miami? - because that is our problem. Mr. Plummer: No. Is any advertising, not real estate, any advertising on those boxes legal? My answer is no. Mr. Stall: I don't mean on the box, I am talking about is the real estate advertisement allowed to have a box on the City advertising real estate. (INAUDIBLE STATEMENT.) Mr. Plummer: Do they come under the first amendment, is what you are asking? Mayor Suarez: No, no, I'm sure that the answer will be as Commissioner Plummer as stated. We can regulate that, we can charge, we can prohibit it. I'm sure we can put an and to it, if we want it. Mr. Stall: Well, we have been after it for over two years now. Mayor Suarez: OK, Mr. City Attorney, Mr. Manager, how do we do something about that aspect of the question, of the issue? Stopping, or charging, or prohibiting, or regulating the advertising of some of these newspapers are putting on their boxes, never mind that are using City sidewalks for free, sometimes chaining the rack and magazines. Mr. Stall: Real estate magazines, there's two companies. Magazines, real estate. Mayor Suarez: Which are the two principal offenders, Ted, that we can go and send letters? Mr. Stall: Well, I can get you the name, but Public Works has it, because Mr. Lowman has twice... Mayor Suarez: OK, can we ask the City Manager, the City Attorney to work together to put out letters informing these people, if in fact, as we thiak we can do that, that what they are doing is illegal and we are about to tine them and maybe *van prosecute them. Maybe even... Mr. gtall: Works. Mr. Plusmer: ordinance... I think that has been done, sir. That's been does by PubIle No, you do better than that, I guess. Mayor duares: Better than that? better than prosecuting? Mr. Plumwre Teal !14 Mr. stall: Mr. Plummer, the ordinance states... Mr. Plummer: Oh yen You know how you do that? You attack their wallet. When you take the vending machine and confiscate it, you've attacked their wallet. Mr. Fernandez: Teo. Mr. Plummer: OK? Now, the question is, Mr. City Attorney, do we have that right under present ordinances? Mr. Fernandez: Teo, we do. Mr. Plummer: OK. Mr. Fernandez: Ordinance in our code, section 54-131 fully lays out all the rights and remedies that we have, and how we can control newspaper racks am City sidewalks. Mr. Plummert Another question. Why don't we have the right to collect a vending machine tax as we do on other such vending machines? Mayor Suarez: OK, that you get into first amendment issues, but I think we can collect a reasonable tax, could we not? Can you get back to us on an opinion on that? We should be able to collect something for the use of our sidewalks. Mr. Fernandezt The ordinance provides for permits to be pulled, and in the pulling of a permit, we collect the fee. Mayor Suarazt Oh, we collect sons fee. Mr. Fernandes: We charge them a fee for their privilege of putting a newspaper rack there. Mayor Suarez: I wasn't aware of that. Mr. Plummer: All right, let's discuss the bigger problem, because the Mimi newspapers are smart. They didn't get filthy rich by being dumb. They will tell you that they have nothing, they are not their racks. Those are their Independent dealers' racks. Nov, how do we make that determination, who we notify as to your racks are illegal? Mr. Odlo: Well, somebody has got to pull the permits for the racks. Mr. Plummer: Well, but there is no permits. How do you... this box here has no number on it, no identification, other than "X" newspaper. Who do you notify? Do you catch the guy at night when he puts the papers in, or in the morning, or do you confiscate it and have him come pick it up? That's the question. Mr. Stall: Mr. Plummer, I have been working on this thing for two years and I'm inside and out with the Public Works. It always reflects back to the City Attorney. Every time we contact Public Works, Public Works says our hands our blocked because the City says we can do this, we can't do that. In the ordinance, it states very clearly that any news rack with graffiti, that is not maintained, that is not cleaned and all of theme new racks and advertisements and not, let's exclude The Miami Herald. We went to The M1Mmi Herald back in February, and The Mimi Daily Mew and other mmigasUgs distributors. We walked through the Grove. We told them we had a proKes4 not only that they were unsightly and unattractive, they were not amala tols"s they were in the walking areas, they were chained to City property, stio is a = ' law right there, but is not enforced l We've got black lamp posts, then► C440 Manager is always complaining they are getting knocked darns. They are Nly chained to. The finish is all ripped off, you ass the bare metal, we'" �z brought this to the attention of the City three or four times, but they ass still chained. The Miami Herald has replaced all their new racks to as _;. Grove. They are unattractive, but they are clean, they are present4610. S. Today, our biggest problem keeps coming back to these Individual ps"Jd like the real estate people. 4R4 U Mr. Odiot I'll tell you, in the first meeting in October we'll cone back with a definite recommendation. Mr. Plummer: Well, first of all, I don't think there is anything that is not clearly illegal, than chaining it to a City facility, such as a lamp post, fire plug, is that correct? Mr. Stall: And also the trees. The trees are against the law also. Mr. Plummert That is totally against the law, to use our facilities, so I would say that we go around with a pair of bolt cutters and start cutting then. Mr. Stalls Absolutely, absolutely? That should have been done a long time ago, Mr. Plummer. Mr. Plummer: Excuse me, Mr. Manager, I'm not talking about just Coconut Grove. I'm talking about the entire City. Now, I am also... let me tell you, Mr. Attorney, I am just as concerned in this area about them providing liability insurance. Mr. Fernandez: The code provides for it. Mr. Plummort Then they have to demonstrate liability insurance. Mr. Fernandez: It becomes then a question of enforcement. How do we then make sure that they have insurance. Mr. Plummar: That's up to them. They've got to produce it. Mr. Fernandez: That's right, but they are not going to willingly provide it. I mean, in the process of citing them for violations, that's an enforcement procedure, they would have to show whether they have insurance or not, certainly to pull a permit. Mr. Plummer: Does the present ordinance today... Mr. Fernandez: Yes. Mr. Plummer: ... mandate that they must pull a permit? Mr. Fernandez: Yes. Mr. Plummer: All right, so then, are we not within our legal rights today to go out and in some way, either confiscate, or jam that device that is not presently legally permitted? Mr. Fernandezt No, because the ordinance does not provide for that. The ordinance lays out the steps that must be followed in order for them to deal with violators. Mr. Plummer: And what does the ordinance say? Mr. Fernandez: Enforcement, violation, removal, is section 56-139. It provides for a procedure that "In the event a news rack is found to violate a j provision of this article, it shall be removed only after a notice of the violation is sent to the distributor by certified mail, return receipt request, and the distributor fails within 30 days of the mailing of the notice to correct or cure the violation. Unless the City Manager issues a written order stating that the nova rack constitutes a serious and imminent hazard to r the public safety, in which case, the news rack may be removed iarediately. In the latter event, a copy of the City Manager's orders, specifying the q. reason or reasons for the immediate removal of the news rack shall be wot by certified mail, return receipt requested, to the distributor." Mrs. Kennedy: Can the motor people also fine thee? Mr. Fernandez: Can the who? Mrs. Kennedy: Moter. =; Mr. Fernandes Not that's - Mr. Plummer: well, isn't it really a conclusion, a foregone conclusion if they are in the sidewalks, they are in the public right -of -May, that they do in fact create a problem? Mr. Fernandez: Well, it depends how they are placed, depends how they are maintained, depends how they are... all of those issues are really relative issues. Mr. Stall: Well, may I may one thing and I'll leave. I mean, I've been sitting here for 24 hours at least, over this thing being deferred, so before I leave here, because I don't want to come back here, because it is my tims, and I hate to bother your time, but we want some answers. The law states you cannot chain to public property, especially the City property. And it is being donel This is not the first time we have brought it to your attention or your attention. Mayor Suarez: Wait, on that point, do we have any problem telling them they can't do that, and we'll... Mr. Dawkins: Joe Carollo said Mr. Plummer: No, can we go with bolt cutters? Mr. Stall: You have ten of them chained to a tree in front of the Oar Feed Store, ten of theml Mr. Fernandez: Well, my advice... Mr. Plummer: Serve them first and then we go with bolt cutters. Mr. Fernandez: Exactly. If we follow the procedure. Mr. Stall: We followed your procedure. Public Works put a date... Mr. Plummer: But sir, are you the City? Mr. Fernandez: I mean, the City must follow the procedure set out in tbo Code. Mr. Stall: The City is following the procedure, but here's as an example, Mr. Lopes... Mayor Suarez: Ted, Ted, we've all been waiting to get some of these other items. We're all tired. We're going to be as direct as you can possibly be. We're going to give them a final warning, and then go on in with bolt cutters. That's itl Do you need that in the form of a motion? Mr. Odio: No. Mr. Dawkins: Mr. Mayor, may I make a... Mr. Plummer: Well, OK, let me tell you, there is only one way I know to keep after the Administration. I want a weekly report submitted to my office, every week, informing me what they have done and how they are proceeding, and I want this matter rescheduled back before this Commission on October 13th. Mayor Suarez: OK, let's put a little teeth into our procedural... Mr. Plummer: I'll so move. Mr. Dawkins: Second. Mayor guarani Second, call the roll. r �F b 4 4 ., .a ss'!►o.� . ems» x. a �t �i+ � '� `w�` ; �qJ � 4 S. yt The following motion Mee introduced by Commissioner Plummer, who moved its adoptions MOTION NO. 88-823 A MOTION INSTRUCTING THE ADMINISTRATION TO SUBMIT A WElKLY STATUS REPORT REGARDING NEWSRACKS ON CITY SIDEWALKS, PARTICULARLY THOSE THAT ARE ILLEGALLY CHAINED TO PUBLIC PROPERTY (WHAT HAS BEEN DONE AND NOW THEY ARE PROCEEDING); FURTHER INSTRUCTING THE ADMINISTRATION TO SCHEDULE THIS ISSUE ON THE COMMISSION MEETING PRESENTLY SCHEDULED FOR OCTOBER 13, 1988. Upon being seconded by Commissioner Dawkins, the :notion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 72. LABOR CONTRACT DISPUTE BETWEEN INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 587 AND THE CITY OF MIAMI - brief comments and deferral of proposed discussion concerning resolution of dispute. Mr. Dawkins: Mr. Mayor, make an announcement - for those waiting on item 102, the Manager has pulled item 102, due to the fact that he is still negotiating and trying to reach a settlement, so therefore it will be discussed, when, Mr. Manager? Mr. Odio: I'm bringing it up for ratification, I hope in the September 27th meeting. Mr. Dawkins: So, this will not be back until September 27th. I an sorry, those of you who came here all day and waited, but that's the Manager's prerogative to pull anything off the agenda that he so chooses. Mr. De Yurre: The negotiations that you are doing, does that include the affirmative action aspect? Mr. Dawkins: No, they will not touch that. Mr. Odio: It does not. The settlement was without affirmative action. Mr. Dawkins: No, wait a minute. Mayor Suarez: Separating that, is what he means. Mr. Dawkins: The agreement is that we will not touch affirmative actions, Or! Mr. Odio: That is correct. We have 60 days from the time... .z: Mr. Dawkins: It they decide, and we did not give up any rights, I mas,` W =' we are both trying to may, we will not stand by for affirmative action to be tinkled with any way. Mayor Suares: I like the way you phrased it before, we are not giviag up 4W rights on that issue by agreeing to the egresmeat. That tft Ust OW 100 phrase it. k., Mr. Odioi net'* correct. The articles that we segetidted, ~etf.Dis� ` article on the contract, except affirmative "ties. The" t*a$U W. 1� r Y fit• vim. � Mayor Suares: And in the meantime, we preserve status quo. Mr. Odio: Status quo, until... Mayor Suares Absolutelyl Mr. Odio: but we have a sixty day period in which to continue negotiations with them, and if we cannot reach... Mr. Dawkins And if they decide to go to court on affirmative action, we will go also to retain the status quo. Mr. Odio: Yes, air. Mr. Plummer: Well, I think it goes a little further than that. The only one that can go to court is the City. Mr. Dawkins: Is usl That's right. Mr. Odio: And we haven't given up that right. Mayor Suarez: Well, the union in never prevented from going to court on same motion. I don't think it is recommended, because they have been getting beat a lot, but if they want to keep trying) Mr. Dawkins: Thank you. Mr. Plummer: Well, you know, let's put it all on the record. The biggest problem for any of us has been that the Justice Department recommanded strongly urging this City to remove that procedure. This City turned it down, but when you have the Justice Department, who originally instigated the Affirmative Action program through a Consent Decree, this same Justice Department now turns around and says, City, drop it, because you have attained what you were supposed to, and we think it is now working in reverse, that doesn't help matters at all here at this City Commission level, so... Mr. Dawkins: No, no, go to the mike, Mr. Dou. Unidentified Speaker: Just for further clarification, it is my understanding that the union is not a party in the Consent agreement with the Justice Department, is that correct? Mr. Dawkins: The union... Mr. Plummer: In which instance? Mr. Dawkins: The Fire Union. Unidentified Speaker: Fire Union. Mr. Plummer: You mean, in the instigation, or the dropping? Unidentified Speaker: Well, in the agreement that was signed between the City of Miami... Mr. Plummer: Fire Department had nothing to do with that. The City is the i one who entered into the agreement. Unidentified Speaker: 8xactly. Mayor Suares: Well, it is a fair question, because a Consent boar" by aati M has to be signed by all the parties, but they were not a party to tba ialtial Consent Decree. I guess they later came in as on a mandatory balks. Unidentified Speaker: So court probably would not permit tram to... Mayor Suaress Well, deoision has been ahaftisgs, but lately uafaversue to g%s *" maintaining of the Comsat Decree. Y AJ� A. 4 f ` r *, { 73. RECTCLIMG PROGRAM - brief comments concerning feasibility of program. Mayor Suarez: Item 82, Madam Vice Mayor. Mrs. Kennedy: Really quick, I just wanted Public Works to take a look at what the City of St. Cloud, Minnesota is doing. They are bagging newspapers, aluminum, glass, any kind of recyclables. They label the bags, and leave it out for monthly pickup, and then the money is allocated into, I guess they raffle it, as the article says. I thought that this money, if we did it here could be used for the inner-city parks and I just wanted Public Works to look at it, because sooner or later this is going to be a reality. We are running out of places to dump our trash. Mr. Odio: We'll case back with a full recycling program, soon, I hope. 74. WINDOW -WASHERS - discussion concerning window -washers at principal intersections from 836 to the Omni/Downtown. Mayor Suarez: Mr. Manager, and members of the Commission, on item 83 was my item. Basically, we had been discussing in the morning, the possibility of adding teeth to our vendors' ordinance, so that we would have a little bit more of a handle on preventing illegal activity by people who may or may not be obstructing traffic, and may or may not be creating problems for themselves and for people traveling through downtown Miami. Is there anything further on that, that we should discuss at this point, any other ideas that have evolved during the day? Should we just sort of send it back to you to consider what other ordinances make sense in connection with the approach of a... Mr. Odio: I think we should have an opportunity to review and bring back an ordinance that will be tough enough. Mayor Suarez: I have asked... let me report one other thing, I have asked the executive director of the Downtown Development Authority, to look at the impact of the window washers downtown and start looking at ways in which we could hopefully channel these human beings into some productive activity, and he has had some meeting already with Camillus House and Brother Paul, with whom we occasionally do battle on other issues, wants to help in placing them and obtaining work for them and refer him to rehabilitation. Peter, am I characterizing that correctly? - because we'll probably do an inventory of the guys. That's the wrong term to use, but I mean, do a survey of the men who are out there, and women, if there are any women, and determine, you know, whether most of them could be referred from that activity to other kind of employment. They look healthy, they don't look like people who are necessarily in need of treatment. All of them, or some of them might have some kind of addiction, but a lot of them look like very healthy people. They just need to be cleaned up and be given some productive activity and some place to stay. Mr. Peter Andolina: Yes, Brother Paul agreed to make Camillus House available for a meeting where the ten to fifteen leaders of the window washers would be gathered along with representatives from your office and the Police Department to see if we can't come up with a solution to the problem. Mayor Suarez: And they have leaders? I mean, there is ton to fifteen more active or more ostablished? Mr. Andolina: Yes, he said there are definitely identifiable people that seem to load the group and we if we can got a hold of the right people and lot... Mayor guaroze OK, that meeting has not taken place yet? Mr. Andoliaa: No, I just got that indication from Brother Paul yostorday a" we are shooting for a meeting of that nature withia the nest two V"ks. 2!4 5•0i *a 1t; 4.-13 RPM Mayor Duares: OK, thank you for getting involved in that effort. --------------------------------------------- 75. TOOTH ADVISORY COUNCIL - appoint Annie Marie Quintana (Miss Quintana was nominated by Commissioner Plummer). Pending still are 14 appointments. Mayor Suarez: Item $4. Mr. De Turret I'll pass on that. Mayor Suarez: Commiasionar De Yurre passes on that. Item 85, Commissioner Plummer. Mr. Plummer: Can I make an appointment there? Mrs. Kennedy: Yes, because they finished 80. Mayor Suarez: Yes, as well as... Mr. Plummer: Yes, I've got one I've got to make. I'd like to nominate Annie Natty Quintana. Mr. Dawkins: For what? Mayor Suarez: Youth Advisory Committee. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummar: Like this. Mayor 8uares: Is this one of your appointments, fulfilling ose of your appointments, I mean... Mr. Plummer: Teo. Mayor Suarez: Moved, seconded by Vice Mayor Kennedy please. Mrs. Kennedy: Yea, absolutely. I like her a lot. Mayor Suarez: Call the roll. No editorials, just vote. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-824 A NOTION APPOINTING ANNIE MARIE QUINTANA TO THE YOUTH ADVISORY COUNCIL. (NOTE: Miss Quintana was nominated by Commissioner Plummer. All 15 members of said board had expired May 7, 1988. Fourteen appointments are still pending to be made.) Upon being seconded by Commissioner Kennedy, the motion was passed wA adopted by the following vote: T ATE8: Commissioner Victor De Turre s,F Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr." Vice Mayor Rosario Kennedy`.' < Mayor Xavier L. Suarez x' M=Sm None. ASSW s None • ` Mr. Plumrmmerm Tou'll so notify her, Nodso Clark. :Y} �61.k,Jj F�S3 J }i w ' NOT: FOR THR RECORD: At this point, agenda 85 (proposed resolution concerning status of agreement with the Pier S Boatman's Association, the City and Bayside) was deferred. 76. DINNER KEY BOATYARD - discussion concerning status of proposal - deferred for 2 weeks. Mayor Suarez: Item 86 is Dinner Key Boatyard proposal. Is that Commissioner De Yurre's item? Mr. Odio: Yes, we were... Mayor Suarez: That's not what you are here on, is it? It is what you are here on. Mr. Stuart Sorg: Wait a minute, excuse me one second. Mayor Suarez: How did Stuart Sorg get to the mike so quick? Mr. Sorg: Very fast, Mr. Mayor. Mr. Odio: Carlos. Mayor Suarez: We are on 86. This is Commissioner De Turre's item, so I guess we should hear from staff or Commissioner De Turre before anyone also. Mr. Odio: But I... to give you a report on that, we were requested by the Commission to do a feasibility on whether the City could run this facility, and we have done that, we have the detail study done on that. We feel that yes, we can run the facility; that it would, at the first year, we would run into a deficit, approximately of $369,000, because we have to invest capital to improve the facility immediately, and that the second year we could begin to break even, so and the question that was asked to us, was could the City run the facility. The answer to that is yes, but it would cost us money the first year. Mr. Plummer: It is to be understood. Mayor Suarez: A full service... Mr. Ds Yurre: So you are talking about a capital improvement. Is that... Mr. Odio: That's correct, we would have to have capital improvement. Mrs. Kennedy: We would have to make a capital improvement. Mr. Plummer: Well, hey, let's stop and remember that we were asking of tba bidders before... Mayor Suarez: One and a half up front. Mrs. Kennedy: Right. ax Mr. Plummer ... millions up frontl Mayor Suareze Tes, $1,500,000 up front. Mr. Odioe I believe it wu up to µ,000,000# I don't rMSMMt� �4.OIM�slr Mayor Suares: Mow, you are talking about a full sdtvias snarl"?` s Mr. Plunmrl TOO. t Mrs. Kennedy* Teo. Mr. Odiot I'm talking about the save... Mayor Suarezt Operated by the City? Mr. Odiot ... services that are provided there now. Mr. Plummer* Well, Mr. Mayor, when you say a full service operated by the City, let's understand fully what a full service marina is. Mayor Suarezt Wall, he has defined it as whatever is going on there now, repair of fairly large boats and... Mr. Plummer: Yes, but no, what I aim trying to say is, that a great deal, if not most of a full service marina today, is done by sub -jobbers, OK? They are people who come in... Mayor Suarezt I hope that some aspect of this certainly should always be in private hands, frankly, because, and no disrespect is meant but, I know that our GSA Department takes care of our automobiles and mine doesn't function well, most of the time, so I'd hate to see them working on some large boats and... Mr. Odio: If you want to, I can recite the capital outlay and that would be $524,675 in the first year, and that would produce a deficit in operations of $350,000, approximately, for the first ten months. The aforementioned capital expense and related principally to rack storage acquisition. We need to spend money on that, $64,000. We would need demolition of a structure. Money would be $40,000, paving and grading.... Do you have that figure here? Mr. Plummer: How many racks can you put in there? Approximately. Mrs. Kennedy: Do you have another copy, Mr. Manager? - so we can look at? Mr. Odio: Yes, this report was sent to your office on July 18th, but if you want to, I'll... Mrs. Kennedy: Oh, I thought it was a newer one. Mr. Plusome r: How many racks can you put in? Mr. Odio: Let me... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PtTBLIC RECORD. Mr. Odio: Day rack storage? 218. Mr. Plummer: 218 at $100 a month. Mr. Odio: Yes, we are having a detailed study done by neighboring aspects of the business. If you want, I can make more copies right now, but... Mr. Plummer: No, no, I'm just asking. Mr. De Yurre: Let we ask you something, Cesar. Without getting into the capital outlay, you know, because that's... you depreciate it, or whatever you do over the long term, and as far as operations, what kind of increment are we looking at? Mr. Odio: Increments, you man... f All Mr. De Turret Yell, it's... you know if we are asking for... well, bm mob e ` were we asking for, like $350,000?_, 41. u Mr. Odios We have a guaranteed rent with the private sector of $150,WC a year. I believe it was and plus, they were going to put all tMls capital i"rovemsts. That maw we VM14 sot gat $100,000, Tie f ;3 we would lose $350.000. Mrs. KoamWys OIL. but wkst arm your projectloss for the sessM pwj ` N Mr. Odes Projection• for the •*coed year is it Mould break avea. Mrs. Kennedy: And than start making money at the third year? Mr. Odio: It would break even, and the third year you begin to Oak* it. Mr. D* Turret Now such would you make, when you start making money? Mr. Odio: Let me look at the chart, here. Three fifty three. Mr. Plunww r: What, the third year? Mr. Odio: Second year. We would make three fifty three. Mrs. Kenn*dyt I thought we were breaking even the second year. Mr. Plungwr: Three fifty three what? Mr. Odio: I'm sorry, $353,000 the second year... Mr. Plunger: You would make, or that... Mr. Odio: Make. Mr. Plumper: Net? Mr. Odio: Net. Mr. Al Rodrigues: After the capital. Mr. Odio: After capital payments, or after debt service. Mr. Plummer: In the second year? Mr. Odio: Yes. Mr. Plummer: What 's your projected gross? Mrs. Kennedy: I thought we wer* breaking even the second year. Mr. Al Rodrigues: Second year? Mr. Odio: Just go ahead and put it on the microphone. Mr. Al Rodrigues: One three seventy nine. Mr. Plummer: $1,379,000? Mr. Al Rodrigues: That's correct. Mr. Odio: I see we don't have any... Mr. Plummer: And you are saying that you would show a 30 percent profit? Mr. Al Rodriguez: Easily. x� Mr. Odio: We've done that in Dinner Key, we have the experience.�< Mr. Al Rodrigues: We have over 50 percent of Dinner Key. ;R Mr. Odio: We don't have any overhead, we charge you see.µ Mr. De Yurre: Now about the... Mr. Plummer: Well, excuse so, just lot me carry It one stop t6gQW41 the third year showy Mr. Al Rodrigues: Third year shove gross revenues s! n ' 1"6, 000. Y, Me. Flamers sots it iserease every 7"V1 WNFWu it r x Mr. Al Rodriguez: And that's not a true figure, because that figure includes capital expenses, so it shouldn't be operating profit. We are giving you the bottom line, or the fund balance, at that point. Mr. Odic: What I suggest is that we do this on a two-year trial basis, and it we decide then that we should go out for bids again, that whoever cones in has to pay the City for whatever improvement we have made and go from there. That's one solution. Mr. Plumer: Mr. Manager, let me ask this question. Mr. Odio: Yea, sir. Mr. Odic: I'm concerned in the area of those things that you may need to be done. One of the things that had been proposed to me by Mr. Merrill, and I'll tell you who it was, was that it was absolutely necessary immediately to put in the fire safety protection. That's part of that scenario? Mr. Odio: That is part of the capital improvements, yes, sir. It has to be. Mr. Plummer: Well, give me the breakdown. Mr. Odic: Do you want to... Mr. Plummer: What else are you including in that? Mr. Odic: Paving and grading, two hundred; landscaping, $10,000; fire line and water main extension, $61,000; improvements to the remaining hangar and the seawall, $125,000; and other capital outlays for $24,500. Mr. Plummer: And what about the repair of the, I call then the waves, what are they called? - the lift, how much repair on there? Mr. Odio: It's in here. Mr. Al Rodriguez: We are proposing to use a travel lift, as a compared to an old fashioned lift, as it exists. Mr. Odic: A travel lift is... Mr. Plumper: You mean a fork lift? Mr. Odic: No, let as explain. A travel lift is a moving, like an overhead crane, but it moves on four wheels. Mr. Plummer: And you can take a 50 foot boat on that? Mr. Al Rodriguez: Oh yes, that's correct. Yes, air. Mr. Odic: Yes, sir, they are very practical. Mr. Plummer: And how much does that piece of merchandise cost? Mr. Odic: It's in there, let me see if I can find it. Mr. Plummer: Oh, you got to me an awful lot stuffed in there for $500,000. Mr. Al Rodrigues: OK, I'll show you in a second. IMAODISLf 3ACKOROUND C06201NTS NOT ENTMD INTO THR PUBLIC R=W. T:4 Mr. Plummer: The fork lift alone, for the racks... Mr. Al Rodriguez: We are proposing to lease it, but if you w"t to buy it, OK... I do have a catalogue page here... $30,000 travel lift, will rue you.., F� Mr. Plummer: No, put it in the record, Al. v Mr. Odioe Put it on the record. Mr. Al RodriguesI ... wili run it in the aeiMldlasbrod ��#►,P� ', but we cam lease it... 1 --ir a l l r Mr. Pluno r: No, wait a minute, whoa. A fork lift... Mr. Al Rodrigues: No, it is not a fork lift, it is a travel lift. Mr. Plummer: A fork lift, for the twenty-four footers to the thirty footers, you are talking $60,000. I know what that costs. Now that is just for the small boats. If we are talking about a lift that will carry what, 30,000 pounds? Mr. Al Rodrigues: Thirty tons. Mr. Plummer: Thirty tons, and you are telling me you could buy that for $80,000? Mr. Al Rodrigues: The gross that we have range from $70,000 to $60,000. Mr. Odio: We have quotes on it. Mr. Al Rodrigues: Outright purchase. Mr. Sorg: Mr. Mayor... Mayor Suarez: You know, I have to say, the more I think about it... well, go ahead. Mr. Sorg: Mr. Mayor, let we suggest to you, this is all brand new and I think the Waterfront Board is being restructured. Let's start again, everybody is cold on all the facts and figures. Let's reform the Waterfront Board, let's bring this back to the Commission November, after we've had a formal meeting... Mr. Dawkins: No way. Mayor Suarez: Well, I'm not sure we are about to act at all on this. I don't really know which way... I know which way I an leaning, but I, you know, I don't want the City operating this thing, but that is the way I feel. Mr. Dawkins: Well, I want the City operating it and I don't want to go back to no Waterfront Board, because it has been kicked around long enough by the Waterfront Board. Mr. Sorg: But this is something brand new, Commissioner. Mr. Dawkins: It is not brand new. Mayor Suarez: The Waterfront... Mr. Dawkins: We instructed the Manager to do this. Mayor Suarez: ... Board has not solved the problem in the past, so we are not really expecting to solve it this time, but we'll take input. We always take input from you. Mr. Sorg: But just don't take the vote today. Let's bring it back to the public. Mr. Dawkins: No, no, no, I an not going to refer nothing back to you. If you w care to came here and give me your advice, I'm willing to listen, but I'S not going to refer nothing back to you for you to cane and dictate to me what you think I ought to do. Mayor Suarez: I don't think we are in a referring mood right now, Stuart.Yi x .. Mr. Dawkins: No way. Mr. De Turre: Mr. Mayor, what I think is we're in a mood that we'd bottMr do soostbisg quickly, amd I think that you know, if we aan bring ,it, bmk At $10 oast gasaral netting, already with a fray of sand as wbiah wua to $o.,. r Mayor quarts: I'va ne yreblloo with that. It is tP to tlW I warid vary Such w"Id 1110 sometbi9 :Heiler to I" usW. ;; allowing private operators to bid or allowing the existing operator to comp to against others on some basis and that to me is what stakes the most sense. Mr. Dawkinst I have no problem, if you retain of level of stoney returned to the City. Mayor Suarett Exactly. Mr. Dawkins: But I do not intend to vote to give it to someone who says that they are going to give the City lesser return than the first proposal that we got. Mayor Suarat: Yea, that's the way I feel about it. Mr. Plummert Well, let me tell you how I feel about it. I really prefer that the City not get involved, OK? - because the City has a lot of built in problems that the private sector does not have, but now, if in fact, I study these numbers, and they are true, I don't think we're going to get a private company who is going to come back and give the City that kind of return that's being proposed with these numbers. Let me tell you something. I've sat on this Commission back in the days... Mayor Suarez: One question, not to quibble with you. Mr. Plummer: Yea. Mayor Suarez: If you do that, and you still allow a private operator, because we are going to eventually... I mean Al Rodriguez and Al Howard and all the Ale are not going to be actually doing the operating, so why then, us finance it? Why not then allow the private operator to finance and operate it and have the RFP read that way? Mr. Dawkinst Because if... Mr. Plummert Because they are doing it to stake a profit, Mr. Mayor. Why give your profit away if you don't have to? If you have to, I agree, OK? But let sm tell you something. The people... Mayor Suarez: No, I'm looking at it the other way. We have to come up with this initial investment out of our own pockets... Mr. Plummer: $360,000, it's nothing. Mrs. Kennedy: It's nothing, and after.... Mayor Suarett We asked a private operator for $1,500,000 cash up front, now we are going to may that with three hundred some thousand dollars. Mr. Plummer: Excuse, whoa. That was based... Mayor Suarez:...we can get into this business? Mr. Plummer: ... on longevity. Mr. Dawkins: But you have stopped... Mr. Pluaster: That was booked based on longevity of lease. Mr. Dawkins: That's right. And also, you are forgetting that the ledoral government has stoney for the boat... what is that thing? Mr. Plummer: The lift.' Mr. Dawkinst No, that other... F" Mr. Pluna rt The bulkhead. _$ . Mr. Dawkins: The seawall, the bulkhosd, the rafting. T Aram,- sri F: J eavirosisestal money that you esa get to do this. Mayor ftarese y Right, and then suppose we o that g ppo g route. icy ao! tiMh sq tt� {�~ is the RTP, we want people to invest this amount out of %boor am tosMtf . ! you this amount of profit... ! = i !►hiitMftg # 9 Mr. Dawkinas We said they said weren't going to do it. Mayor Suaraz: No, we said they have to put up like $2,000,000, $3,000,000, a $1,500,000 cash up front. We never asked for that in the history of the City of Miami for anything. Why wouldn't we go ahead and put that out for a public. - We might get 40 bidders and chose the best one of them that guarantees us $500,000 a year, and can be sure of that, I mean... Mr. Dawkins: Because they want to do the same thing that you did with the Monty Trainer property. They want to tie it up so that my grandson would not he able to bid on it. Mayor Suarez: OK, no, that's a good point. It would not be for a long period of time, it could be for you know, a short term lease. Mr. Dawkins: Short term leases, you got me. Mayor Suarez: Yes, that would be the parameter, a short term lease. Mr. Dawkins: But when it is the year 2050 and the year 2060, you lose mel Mr. Plummer: But nobody is going to go in there on a short term lease. Mrs. Kennedy: Short term lease, you won't find anybody. Mayor Suarez: Maybe they wouldl Maybe they would. Mr. Plummer: Look, let me tell you something. I've sat around here for 16 years, and I remember the day that this City had to pump money into the Dinner Key Marina because it was losing its shirt, OK? Those improvements that we dedicated out there today, are millions of dollars and that money came from a very damn good successful operation, OK? Let's admit the truth and let's call credit where credit is due. Mayor Suarazs Well, but you know, it wasn't always that way. Ramamber four or five years ago the miniskirts and the whole bed out there. Mr. Plummer: I remember very well. I'm not talking four, five years ago. I'm talking about now. I an talking about an enterprise fund that is showing a balance, not a deficit, OK? Now, I think your problem is, is if you try to go on a two-year RFP, no man is able to go in there and make any kind of improvement, advertise them out two years and guarantee the City $500,000 or more a year in a minimum guarantee. Mayor Suarez: Well, what are you thinking about, as far as the term? What does the Commission feel? Two years may be a little tough, hypothetical, what about five years? Mr. Plummer: Why not try it ourselves and see and if it doesn't work, then put it out. Mrs. Kennedy: I agree. Mayor Suarez: Because than we have to finance this thing. Mr. Plummer: So what 1 Mayor Suarazs When we have people that are willing to finance it for us. Mr. Plummer: So what, you gave Liberty City a half of... Mr. Dawkins: You are willing to give $500,000 to a pilot in the City of Miami. Why can't we can't we spend $300,000 by ourselves? Mrs. Kennedy: The second year we are already recouping our investment. Mayor Suaress You compare this to an emergency loan program for Liberty City tonsntal I don't compere it at all. Ile. 8awkine i I do. ,: <,G fi' rase Mr. De Turret Well I'd suggest again that, because I'd like, if those numbers hold true, then I'd like to try it out myself. We've got nothing to lose in the sense that if we always turn it out to the private sector, that would be part of the deal that we get our money back on the capital venture. Mrs. Kennedy: We get our money back. Mr. Plummer: As part of the capital improvements, you can always get your stoney back. Mr. De Yurre: OK, so what I suggest is that we study these numbers and we bring it back up again next meeting and take it from there. Mr. Plummert Well, let me ask this question. Hopefully, you've done your homework. If the City today... Jimmy, we have what, with you, 90 days? Mr. Odio: One hundred and twenty... Mr. Plummert One hundred and twenty days notice. Mr. Odio: We could notify them that we intend to move them out now. Mr. Plummert No, I don't want to do that, because I want to study these numbers, because they just sound too damn good to be true to me. Mr. Odio: You have 120 days. Mr. Plummert Yes, but if I notify him and then I don't want to notify his, I am in a bad position, OK? Another 30 days is not going to make or break this deal. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: OK? No, I don't want to bring it back in November. I'll bring it back in two weeks. All I want is the opportunity to study these numbers and I am sure Phil Hammersmith is going to come and show me where they are wrong, and I want to listen to that. I want to give him that opportunity, OK? But, I want to tell you, that in my estimation, if the City can in fact, operate it, or try to operate it, there is nothing in my estimation to be lost by trying it. If the City can be successful, fine. If they can't, we have to admit failure. We will admit it. I will tell you this, that on your projections, the day comes when you are looking for subsidy besides the first and second year, I am ready to go to an RFP, OK? Mr. Sorg: But Commissioner, what you are doing is, the City has written its own RFP, for its own requirements. Let's have that RFP competed with, at the private sector level. Mr. Plummer: Why should I give my profit away? Mr. Sorg: Well, suppose we could provide the same dollars that... Mr. Plummer: Excuse me, Stuart, you are not making sense now. Mr. Sorg: Commissioner, suppose that... Mr. Plummer: These people who have bid this are not doing it for their health. Mr. Sorg: That's right. Mr. Plummer: They are in there to make a living. There's nothing wrong with that. Profit is not a dirty word. Mr. Sorg: But he's... Mayor Suarez: Well, the good aspect of the City doing if the polier of two Commissloa is that the City would like to keep whatever profits it a" msiue on this, is that you can always change your mind under that concept, but I sa set "yi" I still don't agree with it, Stuart, but we ore not goiag to ae about this forever. Does the Commission vast to do omytUng set We ted4W eucort study it further? t K3 i!#i+�ui►l► #s Mr. Plummer: Very definitely. Mr. Sorge Let's postpone it until next month. Mayor Suarez: Wait, please, please, you are out of order. Waitl Unidentified Speaker No. 1: Excuse me, I'd like to address the Commission. You may, or may not, depending on what we decide at this point. Mr. Odio: Mr. Mayor, let me even go a step further. Mayor Suarez: Is the Commission disposed to act on this at all, except to study it further? You want to study the report further, is that what you are saying? Mr. Plummer: I would like two weeks, Mr. Mayor, to go over these numbers in depth, OK? Now, the Manager makes a point which I would agree with to a certain extent, that any profits be regenerated back into this project to a certain extent and we've got to determine that extent, OK? Mayor Suarez: That's sounds like the Port of Miami and the airport to me, but anyhow, I... Mr. Odio: Mr. Mayor, we did with the enterprise fund and the marina. Those funds would only be used for marina improvements, and it worked. Mayor Suarez: Yes, and then we started using it for some other things too, for dredging of TIC property, for the... Mr. Plummer: Mr. Mayor, we were able to borrow money from this fund to do other things. Mayor Suarez: Sailing Club up here. Yes, exactly) Mr. Plummer: And we have to pay it back. Mayor Suarez: Well then, you are not ear marking it for the same purpose and I'm not sure that we should at all, because if we make profits on it, the people in Miami all have an interest in that money. Sir, I don't know who you represent. This Commission is going to study this. God knows we have been studying it for many, many months, years now, and we are not acting on it today, except to study it further, so if we let you speak, we let any other group speak, and we're never going to get out of here. Mr. Sorg is chairman of one of our boards, that's why he made a statement and the rest of this item has been for Commission consideration only. We are not acting on it today. Unidentified Speaker No. 1: Well, what I'd like to do is submit something that it hasn't been bid on in the past, that could be there indeed a solution to your problem. Mayor Suarez: You can do that directly with the Administration. The Commission in not going to take any legislative action on this today at all, so go ahead and submit it to the Administration. Max, Al, anyone of you, please meet with the gentlemen and get his proposal, and make sure that we consider anything that anyone comes up with that is interesting. That's the least we ova the general public. OK? Sir? Unidentified Speaker No. 2: I am with the same group, International Cruising Centers, and we do feel that we have the solution to your problem. Mayor Suarezi I'd like Mr. Plummer, unless you disagree, to just rotor than to the Administration and lot him make his presentation directly to tbsm a" then we will consider... see, we are not taking any legislative action today on this, and God knows we've tried many different... Mr. Plu mors Yell, the only motion on the floor is to doter, so you ilava to speak to the motion. °a Mayor guarani OK. Mr. Plu rt Toe, I Coro to dolor for tro woke. 224 Mr. De Turret Second. Mayor Suarest Moved and second, any further discussion? Call the roll. MOTION TO DEFER VPON MOTION DULY MADE by Commissioner Plummer and seconded by Commissioner De Yurre, this item was deferred for consideration for two weeks to the meeting of September 27th by the following vote: AYES? Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez MOSS? None. ABSENT: None. DISCUSSION DURING ROLL CALL: Mr. Plummer: John, you'll be back in two weeks to speak your mind? You don't... yes. Unidentified Speaker No. 1: ... (INAUDIBLE) ... for a couple of years, why not now? Unidentified Speaker No. 3: All I want to say is as long as we do, the voters get a chance to think about it, talk about it... Mayor Suarest Tom and... Unidentified Speaker No. 31... see what is going on, before you go Mayor Suarez: ... meat with individual Commissioners, you can do whatever you want. N= FOR THE RECORD: At this point, no interested -party appearance was noted in connection with agenda item 87 and the issue was not taken up. T. 77. JEHELRY SHOPS - Discuss and defer issue concerning feasibility of allowing jewelry shops dealing in second hand jewelry to do business is commercial districts. Mayor Suarest Mayor Suarez: Item 88, Commissioner De Yurre's item. Is thisAK lWortant? Mr. Dawkiast I move it. r �. Mr. Plummer: What item? Mr. Odiot 88. Mayor Muarest Jewelry shops that deal is second hand jagalry &64 do s is the sammercial districts, rY u Mr. De Turret Yhers is Sergio Dodr--18"8? Mayor /wisest My` sla 101410't they be able got ;i V 1 } t r - xf" � 0 Mr. Davkinse That's what I'd like to know also. Mr. Plummer: As long as they comply with zoning. Mayor Suarez: That is what exactly... Mr. Dawkins: They've got a problem... Mayor Suarez: Changing our zoning code, apparently, that would allow them to be part of those districts. Mr. Dawkins: Go ahead. Mayor Suarez: Item 88, Joe. Mr. Joseph Genuardi: Item 88? Mayor Suarez: It sounds like everybody here is disposed to go with this unless you tell us otherwise. And we still might do it, but... Mr. Genuardi: The ordinance permits at the present time, the sale of used jewelry in commercial areas, in the CR areas and in the CG. Mayor Suaraz: So what's the problem? Mr. Genuardi: I don't know. Mayor Suarez: What's the problem, Commissioner Do Yurre? Mr. De Yurre: Well, my understanding is the shop on 7th Street, NW 7th Street and 30th Avenue, where Gran Paris bakery is at, they have a little shop right there, and mong the things they sell there, they sell jewelry, but they have been told they can't sell jewelry. Mr. Plummer: Is it a flea market, or is it... Mr. De Yurre: No, it is not a flea market, they sell other items. Sergio, you were involved in this. Mayor Suarez: The jewelry item. Mr. Sergio Rodriguez: The issue was whether they could send jewelry, and... Mayor Suareze Second hand jewelry. Mr. Rodriguez: Second hand jewelry and after we checked on that, we told them that they could. The thing is that I believe that they might want to go before... besides second hand jewelry to other issues that could be sold that could be second hand. That is a different aspect. The second hand jewelry can be sold and I think that would take care of their problem. Mr. De Yurre: Well, what are you saying that you can't sell second hand jewelry if you are selling something else that is second hand? Mr. Rodriguez: They can sell second hand jewelry. They cannot have a pawn shop. Mr. Dawkins: OK, now, why? Mr. Rodriguez: The ordinance doesn't allow it. It you vast us to So mad soMri!- back with a recommendation to do otherwise that is a dittersat lsaw. 1" Mr. Davkiass At Mimi Avenue... no, what street is it Gesu Cbureh on? w Mr. Rodrigues: Vhich one? Mr. Plummer: lot Avsaw and fnd Street. , Mr. Dm*tass Ali right, as let Awaw and fad Strsoto 4400*41 r . street, is s jewelry store, it Boys in Speatsh, old 'low Para shop, and be bee bm there for the last too Paws. y.. Mayor Overeat What kind of district is that? Mr. Rodriguez: CED. Mr. Dawkins: Now, why is he allowed to do this, and right around the corner, where 139 NE lot Street, they can't do the same thing? I mean, they refuse to give his a license, telling these the same thing you said. Mayor Suarez: Are both of them in the central business area? Mr. Dawkins: Yes. Mayor Suarez: Is there any distinction? Mr. Rodriguez: If they have the same zoning, which I am not sure now without looking at a map, they... Mayor Suarez: I thought you had it memorized. Mr. Rodriguez: No. Mr. Plummer: That's all uniform down there. Mr. Dawkins: Well, how can the zoning be different be different in one block? Mayor Suarez: Yes, isn't it all the same down there? Mr. Rodriguez: It could be different in one block, I don't know. That's what I as telling you. If they have the same zoning, the same rules apply. If they don't apply, something is wrong, we will look into it. Mayor Suarez: OK. Mr. Dawkins: Yes, but if a man has been in business for ten years, and you have allowed him, not you now, but the City of Miami, has allowed this individual to operate, illegally, he is grandfathered in. Mr. Rodriguez: No, if he was operating prior to the... Mr. Plummer: Prior to the ordinance. Mr. Rodriguez: If he was operating prior to the enactment of our particular ordinance, he might be grandfathered in as a nonconforming use. If he was not, he is in violation, and we will cite him. Mr. Plummer: Is that an original Rubens? Mr. Rodriguez: Original what? Mr. Plummer: No, because he is in one that's been down there since Day one. Mr. Rodriguez: Yes, it's possible. If you want to, I will check with your office to find out the addresses and we'll check on that. Mr. Dawkins: I just told you where it is. You don't need to go to my office. It is right across the street from the Catholic Church. Mr. Rodrigues: OK, than... Mr. Plussser: Let me give you my opinion, and I'll put it on the roe*"" I = "` would like to eliminate all pawn shop* in the City of Mimed. ''th" # j' nothing... I won't may that. I'd just like to see thao all sons. Mr. Rodrigues: If you direct us to costs back with our recossmandatiee we will brim it back to you. Mrs. Keansdy: I can see your point. You hav* to oars it nntfoam, #use second band jewelry is not bad at all, but then you let iato the s boo refrigerators asd... Mayor Suarez: Why do we want to get into eliminating pawn shops? I wean, don't we have other things to do? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Oh, I see. Mr. Rodriguez: At this point, you know, I think we can give you an answer to the question that you have. You can sell second hand jewelry in the Mayor Suarez: I didn't think it was the fact that they could sometimes be used and very seldomly been used as a fencing operation, or fencing? Fence. Mr. De Turre: All right, Mr. Mayor, I am going to defer this until I get some more information. I'll get together with Sergio and try to come to some sense with this. Mr. Dawkins: And if you want to meet me at the college at 8:30 A.M. in the morning, I'll walk around there with you. Mr. Rodriguez: Sure. Mr. Dawkins: OK. NOTE FOR THE RECORD: Defer to next Commission meeting agenda 100 (issue concerning requested support for the A.B.C. Bill (Act for Batter Child Carol). 78. SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT - brief discussion concerning status. Mayor Suarez: Commissioner De Yurre, is there anything specific that you would like to ask Matthew, so that we don't get a full report? Mr. Ds Yurre: Well, no, what I would like to know is to have an update as to where we are at, because it seems like traditionally we'd may we will see you in four months and nothing gets done four months later, so... Mayor Suarez: But let me do one very quick thing because I was there yesterday and I was surprised. Indian River, which I've heard was actually breaking ground, actually building. Of course, not that I think you are a liar, or anything like that, but I didn't really believe it, In not only has broken ground, but it is pretty advanced and they hope to finish the first 12 units by January of this very next year, believe it or not, and they have something like 19 reservations for units and I don't know how many deposits, so that looks like a very viable small phase of Overtown/Park West. I'm finished. Mr. Matthew Schwartz: Right, they are starting the permitting phase for the second phase, the building, and today there ware 30 or 60 people caws to the sales office as a result of the publicity yesterday. As the Mayor said, Indian River is under construction. They hope to have the first (wilding finished by January, and occupied. Circa, Barness, Sawyer has its full financial commitment. It was in the process of selling the bonds, the Dade County housing finance bonds. The problem was that in review of it, they needed to have the environmental testing completed, whioh the City C. mmisriea has approved this morning in the phase of it. Mr. De Yurre: When is that going to get done? Mr. Schwarts: That will be finished by September 28th, and the only othes items standing in the way, was in the Tax Correctioa Act th#►t is is Ce"os now in the Ways and Means Committee. They ware eorreetiag U0 besefits t"t 210 Is �r we got in 1986, they were putting a cap on it, which was incorrect, and Congressman Pepper has been working with us in making the changes with the Ways and Means Committee, and hopefully we will have that resolved in the next week and one-half. Mr. De Yurre: OK, let me ask you something on that. What does that have to do with the physical construction of the property? Mr. Schwartz: Well, that the financing is contingent upon that. They, as a discussion, as of yesterday, or this morning, they had indicated that they have all the permits and they are all ready to go, once they have this tax Issue resolved, they hope to be under construction by mid to late October. The Can American which is directly across from the arena, 352 units, was hoping to have its firm financial commitment from Fuller Mortgage. They will probably have it next week. There is some paperwork... Mayor Suarez: You probably ought to give a report again, not only to the Commission, but to the rest of us, prior to the next meeting, as we've asked, because there is always something left to be done and we're getting pretty impatient here. Mr. Schwartz: They have a bond closing not for I believe it's October 14th and they hope to be under construction immediately after that, that's Can American, that's their schedule right now. The larger project, the 460 units, Cruz Development, which is two blocks north of the arena, they had to switch contractors, in fact, when they got the final numbers from the contractor, it was $1,000,000 more than was budgeted. They have gotten two other bids and they have, I believe, entered the contract today with Chase Construction, at the amount that they had indicated, so they... Mayor Suarez: Matthew, realistically, I mean, changing contractors is one thing, but realistically, aren't they also in need of some equity infusion? Don't they need some partner, somebody else to invest in there? Mr. Schwartz: I believe that that is not a problem. Cruz is not a problem. Mayor Suarez: No? OK then, I hope that a month from they won't come back and say, yes, we've got resolved the issue of the new contractor; yes, he is approved by HUD; yes, we got all our final, you know, guarantees and everything else; but however, it turns out we need more capital and now we've got to work that out, and all of a sudden, we've got new partners and the whole, I mean, he's saying that he's got enough capital in there? - enough equity to proceed with this? Mr. Schwartz: And I believe for the project he needs approximately $2,000,000, a little over $2,000,000 in equity... Mayor Suarez: Right. Mr. Schwartz: ... with the FHA. He has right now, about $1,400,000 of his own money, cash, into the project, and they... Mayor Suarez: By his own estimation. Mr. Schwartz: By their own, yes, and they can come up with another $600,000, $700,000. Mayor Suarez: Which includes time and all of that, not really cash, like you and I think of cash. Mr. Schwartz: But it has some value as far as the equity in the project. That doesn't seem to be a problem. Mayor Suarez: Well see, the problem with that kind of calculation, I'm sorry, Comsissioner is that everyday that goes by, sounds to us like a delay, and an unneeded and unnecessary delay and from his perspective, it's just enethar day of his time, that he can say is more value he's put into the project, see what I mean? So, you know, there is different ways of calculating the value of tim from our perspective is negative, from his perspective he's counting it positive. zz,' 1y 2$1 $"%sob" 4$10 �- i' ( s Mr. De Turre: Well, he's got nothing to lose, because he doesn't have to pay anything as time runs. Mayor Suarez: Right, so he says he is building his equity; actually all it is is just building his time involved in the project and... Mr. Schwartz: I believe he has close to $800,000 in architectural fees and legal fees are significant. I mean, it is beside his time, there is a significant amount of money. Mayor Suarez: You remind him, from my perspective, I think I speak for the entire Commission, that if it is matter of selling off some percentage of his equity and getting some infusion of capital, if that's really what's holding him up, you better damn well do it, because otherwise this Commission might just get to next month and say, we're going to give it to somebody @loot Mr. Schwartz: Right, I believe his problem was he was to get the FHA numbers to work, and that was what? He had to go out with the new contractor. Mayor Suarez@ The time for getting, quote, unquote, the numbers to work, is ended. Now it is a matter of if there is any technical impediments, underground conditions, whatever, that's one thing, but the numbers either work by now, or don't work at all, and you can find somebody else for whom it will work. Mr. Plummer: My concern, of all of the parcels that the City has acquired, we continuously hear nothing but about four. That's all we hear about, the four parcels that are Can American... Mayor Suarez: Yea, what about the later phases of all this? Mr. Plusmssr: What about all the rest of the parcels that have been acquired, that are off the tax rolls, that are vacant lots, that I don't see a damn thing being done with) Mr. Schwartz: They have all been leased to the to the other blocks, they've been leased to the Off -Street Parking Authority and they are completing the last two lots. Mr. Plummer: Wait a minute, what about in Overtown? Mr. Schwartz: Of the nine blocks owned by the City of Miami, all the blocks that were purchased for the SE Overtown/Park West project, either have development waiting to start, which will start by the end of November... Mr. Plummer: That's four blocks. Mayor Suarez: You've got federal funds there. Mr. Schwartz: And the other parcels are leased to the Off-Strest Parking Authority. Mr. Plummer: Who owns the parcels then, let's may, for example, on the corner of 5th Street and 3rd Avenue? Mr. Schwartz: Sth Street and 3rd Avenue? Mr. Plummer: Yes, across the street from Father Paul's palace. Mayor Suarez: Brother Paull INAUDIBLE BAMGROUND COIGUNTS NOT ENTSRSD INTO THS PUBLIC RX0011D. Mr. Plummer: No, it is not private... Mr. Schwartz: Where the Brown Jug used to be? Mr. Plummer: Where the what? Mr. Schwartz: Across from Camillus House! Mr. Plum: Not let me give it to you ematly. Y1Mre le your cbwrt! 332 *"WOW oi*� INAUDIBLs BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: No, I'm talking about on Sth Street and 3rd Avenue. Where's the police station? OK, no, it is to the left, you don't have it on the map. In the Overtown. INAUDIBLE BACKGROUND COMKXNTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Teo, who owns that? Mr. Bctiwartz: There is a parcel of land located between 3rd Avenue and Ath Avenue on the north side of Sth Street. Mr. Plummer: From Sth to 6th Street. Mr. Schwartz: Tam, the City owns half the block there. Mr. Plummer: And what is the City doing with it? Mr. Schwartz: It's vacant. As far as I know, there is dead restrictions. Mr. Plummer: OK, let me tell you why I got a problem. They tore down about a 100 unit apartment that was probably the best apartments that existed over there, about three or four years ago, and have not done a damn thing but grow woods. Now, I think that that is an absolute crime) I mean, why did we buy it if we are not going to use it? Mr. Schwartz: Those were acquired, I believe, in the... it is longer than that, I believe it was in the 19701s, by Dade County HUD, for housing sites. Mr. Plummer: But you are saying we own half of the block. Mr. Schwartz: We were given half the block in the trade with the County for the port, Lu mas Island. The City acquired that. Mr. Plummer: line, so what are we doing with it? Mr. Schwartz: Right now? There is no reuse plan right now. I believe that there are dead restrictions that it needs to be used, supposed to be used for parking in relation to the... the County had placed restrictions on it for parking, to be used for parking. Mr. Plummer: Wait a minute, excuse me. Mr. Schwartz: There is nothing on the books right now. Mr. Plummer: We accepted it with whatever deed restrictions are there, OK? If it is parking, there's no parking going on. That is sitting there as a constant reminder that this City is sitting on its duff doing nothing. Now, you know, when in the hell is something going to happen? Mr. Schwartz: Nothing. It is Mr. Plummer: What? Mr. Dawkins: I'll get something to happen. I'll get you son@ to back it. Mr. Plummer: No, no, wait...:_: Mr. Schwarts: OK, or we can just come back nest Commission meeting with the report to fund. It's the west side of I-95. y. a Mr. Plummer: What do you mean, oh, who owns it? IMMIDLE BACKGROUND COIMNTS NOT ENT = I= THs POBIJC ngC=. Mr. Dawkins: Put it on the record. Mr. Herbert Milers And I think what is being accommodate Drother Paul's now hotel that's going to... ns S- t t. v „ 6�r �fim Mr. Plummer: Who is accommodating? Mr. Bailey: No, I didn't may we were. I said audit. Mr. Plummer: You mean the palace? Mr. Dawkins: Say ghat now? Mr. Plummer: The palace. Mr. Bailey: I think it is required, under the rezoning for Brother Paul to have certain parking. Mr. Dawkins: Oh no its nott Mr. Plummer: Ho ho hol You are foolishl Ho ho hol Mr. Dawkina: Now who negotiated that? Mr. Bailey: I didn't say we had negotiated it. I said I think it is required, and that Mr. Dawkins: Well, who promised him that? Mr. Bailey: No, I didn't say nobody promised him anything. Mr. Dawkins: Well, how would you get... how would you arrive at such a saying that we are supposed to do it? Mr. Bailay: We reported to this Commission when Brother Paul was talking about building his new facility. We made certain overtures to Brother Paul that we would... Mr. Plummer: Wait a minute, excuse me Herb. Let me save your breath. Mr. Dawkins: All right now we, who now? Mr. Plummer: That's out, that's over. It's done, it's washed up, and I think three votes of this Commission have said we are not negotiating with Brother Paul. That's over with. Mr. Bailay: No, no, no, we are talking apples and oranges. We're now talkies about Brother Paul's new facility that he has proposed to build on the vast side of I-95. Mr. Plummer: Exactly. Mr. Bailey: OK. Mr. Dawkins: But I'm not going to provide him no parking. Mr. Bailey: I didn't say you were, but I am going to tell you about the site. The site, as it was given to the City has restricted use for parking. Now, I don't know how that happened, and you accepted it with that restriction. OK, now what I am saying now, also it has been indicated that his new facility is required to have one parking space per unit. Mr. Plummer: That's his problem. r. Mr. Bailey: OK, maybe, fine, but if you want to put that site into use, 7" ". have to do one of two things. You either have to let it be used for p4rkL*4p or you have to go back to the County to remove the dead restristLow. a `: Mr. Plumater: No, no, you see, that's where the left hand in this City don't know the right hand. Mr. Maaagerl r ry�F Mr. Bailey: What do you span, not know? Me" it s sessnd. r Mr. slumrmer s No, no, I'll toil you where to put it to ass tem ernes - ad, ;1 k making money for the City. k� r 334 x Mr. Bailey: But you've got to to and... Mr. Pluasaer: I'll tell you how to make money for the City right new. Mr. Manager, what is the biggest problem the City of Miami Police Department has today?... a place to store and park vehicles at the rate of $10 a day. We do not have adequate space under those expressways, and we've just opened one as a parking garage. Mr. Bailey: Supposed to put it on the garage. Mr. Plunmer: What? Mr. Bailey: You ware supposed to put the parking on the garage. Mr. Plummer: No, no, you said parking. You didn't may garage. Mr. Bailey: No, no, I said the police, it was supposed that we could park the vehicles that the police needed to park, on top of the garage. Mr. Plua r: That was two years ago. Mr. Bailey: Wall, I don't know why it didn't happened, but it is getting ready to happen. Mr. Plusher: OK, I am telling you, that how many cars could you park in that lot? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plusnser: Teo, probably $1,000 a day. You could probably recoup a $1,000 a day. Mr. Dawkins: OK, let's... Mr. Plusssier: Because you don't have the space underneath the expressway to put them now. Mr. Dawkina: We don't even have to go that far. If Brother Paul has to have parking, I will rant him that lot for $500,000 a year. Mr. Plus r: How about $2,000,000? Mr. Bailey: Whatever you do is fine, but you asked us why we were not building anything on it, and I am telling you why. Mr. Plummer: OK. Mr. Baileys Because it is restricted use for parking. Mr. Plummer: But what I am telling you, and I understand you, OK?... and this is where the left hand don't know the right. You don't know the tremendous need of the Police Department of a place to store vehicles. Mr. Baileys If someone would tell us, then we would do it. Of course you have a cost associated with it. Mr. Plussser: Suret { Mr. Bailey: We have to improve the land and all of that..., Mayor scares: Yes, we all agree, if those lots are going to be... r , { Mr. Bailey: ... than you want to use it for parking, tell w, we'll pot i parking lot on it. Mayor Buares: herb, we all agree that... 4.w r j�. Mr. Plt r: Well, that's where the left hand don't know the rights h fFl; a, r Mr. &alloys Yell... ��'Of Mayor Sitarez: But, J.L., Commissioner, please, if in fact we have these lots empty and they are going to be so for God knows how long, the least we could do is consider what other department in the City might need to sake use of them by beautifying them, make... Mr. Plummer: Put a fence around it and landscape it. Mayor Suarez: You know, I've always criticized the Off -Street Parking Authority, but they have a way of making a lot look nice, you know, that is one thing that I've always felt they do well. Mr. Baileys If you want us to make a parking lot out of it, we'll come back to you and give you the cost that it would take to improve it, and we'll park police cars there. Mr. Plummar: Excuse me. How many other lots like that exist that we own property? Mr. Bailey: The dust bowl right next to the police station. They could park all the cars you want, right there beside the police station, between the City Administration building and the police station, there's a large lot there. Mr. Plummer: We are doing that now. We've got over 200 police cars sitting there every day, every hour. Mr. Bailey: I could build a garage there, put a building on top of it, you want parking... Mayor Suarez: Yes, the reason we use that garage, is that it was already built, and not being used, that's... Mr. Dawkins I'm going to put parking over there next to that... Mr. Plummer: I'll tell you what I would like to see at the next meeting, OK? I would like to one at the next meeting, all of the squares of property that this City owns, with or without restrictions in the Park West/Overtown area. Now, look, I am not proposing that we put anything there that would be a permanent situation. Mayor Suarez: Some temporary use should be found. Mr. Plummer: It's strictly a temporary use. Of course, my old theory hold true around here, there is nothing more permanent at City Hall than something temporary. But damn it, not only would we acquire and get revenue, but we would meet a demand and a need of the Police Department, which they can't even... Mayor Suarers And also beautify the area. I mean, an empty lot, with weeds and the whole bit, it looks abandoned, it's just a... OK, thank you for the status report. Mr. Plummer: You'll come back in the next meeting with that? Mayor Suarers And congratulations, I think are in order at this point, we gave a lot of congratulations yesterday, I believe it was, for getting some part of this project under way, and having so many people interested in boyiag it. ,:• f Is 79. NEW SOLID WASTE COMMERCIAL ACCOUNTS OBTAINED AS A RESULT OF PURCRAS2 0! DUMPSTERS - report by Administration. ------------------------------------------------------------------------------ Mayor Suares: We are at item 90, what is that about? Mr. Plumeers I don't understand this report. This report, the way I read it, for the months of, let's call it for the period until September lot, I don't understand, what does it mean, non-exempt? Mr. Joseph Ingraham: Well, there is nothing shown in that category. These are... Mr. Plummer: Yes, there is. I got 44, non-exempt. That's what I don't understand. Mr. Ingraham: Right, these are categories, where it simply means, Commissioner, that, the individuals or businesses have to pay the City. Exempt means that they are exempt from paying the City. That would be a City property or a City facility or something of that nature. Mr. Plummer: Well, are you telling me then, up here at the top number, where it says number of commercial accounts, that number 11 means that there are 11 that are exempt? This kind of report I can't understand, that's my problem. Mr. Ingraham: The report simply means sir, that there were 55 in that tine period indicated accounts that were sold, totally. Mr. Plummer: New accounts. Mr. Ingraham: Totally. Mr. Plummer: OK, buy what is the difference between the 11 and the "? Mr. Ingraham: None. Mr. Plummer: All of these accounts are paying? Mr. Ingraham: All of these, you they are. Mr. Plummer: And you were supposed to provide us with a profit and loss statement as it relates to the sales and current status. Mr. Ingraham: I have a projected coat in reference to a profit and loss statement that I wasn't aware of. There is a projected cost for this, that was submitted to you. Mr. Plummer: Numbers don't tell me anything. I mean, are these two yards, four yards, six yards, one hundred twenty-two yards, tell me? Mr. Ingraham: In your cover memorandum from the City Manager, in the.. about the fourth paragraph down it states that the overall revenue generated relative to the 55 new accounts is approximately $55,000 annually. As far as a breakdown on the type of containers, two or four yards, I can provide that to you in the morning, sir. s Mr. Plummer: OK, what you are saying is that basically an average here is $1,000 a container, per year. Mr. Ingraham: Tea, air. t Mr. Plummer: And you got to go, as I recall, to $3,000 to break swat Mr. Ingraham: Yes, air. Mr. Plummer: And so then, a status report, since the last rapertLes perlo3, , as I recall, you indicated prior to this, you had 300.„ Mr. I�rshs�� Right. a 337 , " Mr. Plusasere So is this then to be essus:ed that it is a total of three five f ive 1 Mr. Ingraham: Teo, air, but this was just indicative of that time period that the Commission meeting was held through now. Mr. Plummer: No, well, you see, you have a column here that says, last reporting period. Mr. Ingraham: Well, this was the first report to you, sir. Mr. Plummer: OK, we'll see a full one the next time. Mr. Ingraham: Teo, we can do that. Mr. Odio: I can see when we are full operation and the sales are done, and really get a reading on what we can do on that. Mr. Plummer: OK. NOTE FOR THE RECORD: Defer agenda 91 (discussion concerning update on the Gateway Project). $0. BRICKILL PARK AS DAY CARE CENTER - discussion. Mayor Suarez: Item 92. Mr. De Turree Teo, Mr. Mayor, I put this on the agenda, because I wanted to bring up the possibility of looking into, and I'm using Brickell Park as an example, but I think it would apply to any park or any property that we own. Mr. Plummers Excuse me, Victor, where is Brickell Park? I don't know where that is. Mayor Suarez: That is the one right next to the church that's across the river from Brickell Inn. Mr. De Yurre: That's the problem that we have. Nobody knows and nobody uses Brickell Park. Mayor Suarez: Yes, I went to the church. It is an old, a beautiful old... J� Mr. Do Yurre: Next to the Sheraton. Mayor Suarez: Next to the Sheraton. Mr. Pernandaz: Next to the Sheraton. Mr. Plummer: Oh, that's the Presbyterian Church. '. Mr. Ternanders Yes. Mayor guarez: Right. Mr. Odios Oh, you scan... no, Briokeil park to the ow that Md 11 +t �. negotiating to try to exchange.... Mr. Plussaer: Oh, OR, it is here, it is right Mere. Mr. Odio: Yes. Mr. 8t Tows: lMst's it. � S _ Y rY Mr. Plummer: That's the old Brickell estate. Mr. Odlo: That is the one we are in court right now on the case of... Mr. Plummer: Well, wait a minute now. Don't I recall an action by this Commission recently of transferring... Mr. Odio: No, well, we wanted to do that, but we were tied up in court and we still ors... Mr. Plummer: Tom. Mr. Odio: ... over the issue that the family donated that property to us for the use of a park and we have to decide that in court. Mr. Dawkins: OK, we're going to put a park and a playground. Mr. Plummer: Well, the mausoleum is still there. Mr. Dawkins: Say what? Mr. Plummer: The mausoleum is still there. Mr. Dawkins: That's all right. Mayor Suarez: Commissioner De Yurre, you wanted to consider? Mr. De Yurre: Yes, let me tell you one of the most pressing needs that we have downtown is the fact that there isn't enough child care facilities. In fact, I don't know of many, or any at all in the downtown area, and partly it is because of the fact that land costs so much, that you really can't run that kind of business in the downtown district. Now, I m looking at Brickell Park and just like J.L. asked now, that you know, where is Brickell Park, 95 percent of the people don't know where Brickell Park is and 99.9 don't use it. Mayor Suarez: Yes, it is a very seldom used park, I have to may, because I look down on it from my law firs office, and it is just hardly ever used, it's in a really difficult corner to get to. Mr. Plummer: You know, Victor, I agree with all of your statements, the only thing I've got to disagree with that is awful expensive property to use for a day care center. Mr. De Yurre: Well, the point is, J.L., that if it can't be... right now, it is just as expansive and we are not doing anything with itl Mayor Suarez: You are not talking about, like taking up the whole property? You mean just having some kind of a temporary little... Mr. Plummer: Well, but if you... Mr. De Yurre: Well no, what I am saying is... Mr. Plummer: ... put anything on that property... Me. Joanne Holshouser: Oh, we are so desperate for child care, plena... Mr. Plummer: But, Joanne, excuse a , OK? You know, Father Graham used to make a statement... Reverend Graham, •God only sade so such waterfteat, and keep as such of it as you can open for the general public." F Mayor Suares: But J.L., think of a use permit for a small facility... •s Me. Holshouser: Take away the ballpark in Peacock Park, J.L.'' Mayor guaress ... a small little haute, you know, a child care type tees&IW, where the kids are basically using the park all day. I mass, yo% doesn't change the character as a park. f° .5 �5 M. 4 Mr. Plustisers You know where this City to really makift a ttistsko OWlyl MIr are net esceuraging churches like St. Jude. it. Jude has a pegge" #00#4, M , p" �ti in their parish hall, upstairs and downstairs and playgrounds, to not go and find a way to encourage thew to have a day care canter which would produce them revenue. Me. Holshouser: You are absolutely right. Mr. Plummer: Immanuel Lutheran Church is the same way. They've got more property then probably anybody down there. They've already got the buildings, they are not being utilized, and I just... Me. Holshouser: J.L., could I tell you what one of your and my City employees told Father Fox at Christ Church last year? - when we were trying to get a Headstart center in there? He was told, you can't do it because you are too close to Grand Avenue, and Father Fox came to me with tears in his eyes, and he said, "But most of these little children live on Grand Avenue and I want to put them in the church, where they will be safe." Now, if that's the kind of mentality that we need to talk about, yes, you are right. Mayor Suarez: You could make a lot of money as an actress, Joanne. Me. Holshouser: Thank you much, Xavier, I appreciate that, but really, child care is so vital. Please, we will work with you all, any facility that you will talk to us about with child care. Community Action Agency and Headstart will work with you, pleasel Mr. Odic: And I suggest Lummus Park as an alternative. Mr. De Yurre: Well, let me put... I am not saying... Mayor Suarez: Just about anything you do in Lummus Park would be better than what's going on there. Mr. Plummer: That's for damn surol Me. Holshouser: I'm not sure we want to put... a mausoloum yes, but I don't know about Lummus Park. Mr. Do Yurre: Mr. Mayor... Mayor Suarez: Yes, Commissioner, let's see if we get something going here to... Mr. De Yurre: Let me finish out my thought here, so we have an understanding as to where I am coming from. Brickell Park, for example, costs the City of Miami $70,000 to maintain, and we're getting nothing out of it. We're just maintaining it there, year after year, and the same thing that I am saying towards Brickell applies to all, you know, whatever parks we have and we have some daycare programs like at Shenandoah, and some other parks, so it isn't like you can't have the park and function a daycare facility at the same time. I believe that we could put out RFP's to get the private sector involved, because the cost is $4,000 per child for the City to run a daycare program as opposed to $2,000 in the private sector. Mr. Plummer: OK. Mr. De Yurre: OK, so what I am looking at right off the bat, we're saving, in this example, we are saving $70,000 in the maintenance, and we'll be making whatever... you know, we negotiate a profit on the child care facility tram the private sector. Mr. Plummer: Victor, I don't disagree with anything you may, except I bane a problem using waterfront property, we just have so little of it. Y$ater, let me tell you back 13 years ago... Mr. De Yurre: We can't do anything also with it. Mr. Plummer: Hey, it is a breath of open air. The sums that this City Me paid to acquire Kennedy Park, Wainwright Park, the Driekell lark, the M property - we paid over $2,000,000 an acre. I be" so probes" it you Valeted to go into any park that was not on the waterfront, I would agree with you, OK, but not... r Mayor Suarez: Well, in this case, it is not quite that simple, because in the case of Prickell Park, we didn't pay anything, except the maintenance that we pay every year. Now, the owners, if we choose to do the swap that we are trying to do, happen to want a substantial amount of money from us to pay off the reverter clause that they have, so it is a little bit worse for us if we don't use it for something else. We have to pay... we are negotiating, to I don't want to state a figure at this point, but it is a substantial amount of money, so what did you want to do with the item? Mr. De Yurre: Well, my ideas is that, you know, if we are going to have 100 children using that facility, you have 100 children using the park. The parents coming in, they enjoy the park, to pick them up... Mayor Suarez: You are not talking about any substantial reduction in the green space of the park. Mr. De Turre: No, I'm saying none. Whatever you build, you build it up front of the street. Mr. Plummer: No, no that is not true, because... excuse me, regardless of what the square footage... Mayor Suarez: Or restricting access in any way, I mean, there is less Mr. Plummer: No, you are restricting it, Mr. Mayor, because the state law provides that for "X" child, you have to have "X" square foot of playground area that is contained, OK? Ms. Holshouser: But in the afternoon, and on weekends, it would still be open to the public in total. Mr. Plummer: Excuse me, Joanne, any of them I've ever seen have been fenced, OK? Mayor Suarez: Well, what action were you hoping for the Commission to take today, Commissioner? Mr. De Turret Shenandoah, you walk right in. Mr. Plummer: Shenandoah I have no problem with. Mr. De Turret Well, but I am saying it is the same type of situation. Mr. Plummer: Because it is fenced all the way around, as a park. Mayor Suarez: What action were you expecting... well, you are not expecting us to resolve this tonight? Mr. De Turret No, but I think that, just like, I would like to look further, not Just at Brickell Park, but whatever other parks we have in the City, that we can... Mr. Plummer: I'd support that 100 percent. Mr. De Yurre: ... start getting into this type of process. It will pay for the maintenance. Mayor Suarez: The one on 22nd Avenue, please, that is hardly ever used. That'll be just ideal. TAPE 17 Mr. Odic: I saw one, I don't know what they call it, behind the Briekell X station of Metrorail. It's a little park behind that fire station we head there. That would be a good site, because people coming to work and drop... Mr. Plussaer: Oh, be careful, remember... W: Mayor Suarez: Remmsber the residents, remember the residents) Mr. Plusses: ... when they tried to use that for something else? Mayor Scares: That was for a much more intense and...241 NOW 4 v Mr. Plussser: That was for the Le Ligs of Cancer. Mayor Suarez: That's an interesting one, that is an interesting... Mr. Odio: But I mean if they can... see them come up Metrorail, they drop their kids and then walk to work. Mayor Suarez: Nothing happened when they uaed the one at Flagami for a senior center. It worked out quite well in a use permit, not any, you know... Mr. De Turret So what I'd like to see if we can... Mayor Suarez: But he's got a point too, Commissioner, that is rather precious, let's not say valuable, waterfront property and I have to tell you for myself... well, if you tell me that on that basis, you want to keep talking about it, that makes a lot of sense to me. I know where you are headed there, I think we all know where we are headed on that, but... Mr. De Turret Well, I want, you know, Brickell, as well as any other park that we have that we can identify, that we can, you know, start analyzing what's feasible for putting out RFP's and getting the private sector involved in child care. Mayor Suarez: One of the problems of the Sunshine law is you must negotiate In public everything you do. Mr. Odio: I'll bring something back something in November where there are sites where we could go out on RFP's for proposed day cares. Mr. De Turret OK, and while we are at it, the same concept... Mayor Suarez: And Jose Marti Park, now that you mention that, that would be an ideal place. Mr. Odio: Well, we've got Centro Hater right there. Centro Hater is using Jose Marti. Ms. Holshouser: Would you allow us to work with you on it? Mr. De Turret Well, as soon as we identify them, than... Me. Holshouser: But I mean, work on what the requirements are. Mr. De Turre: OK. Ms. Holshouser: If you would allow us to work with you, because I know that Commissioner Kennedy isn't here, but she works with us so hard, and you did too, I know, Commissioner De Turre, on the original Headstart thing, and I'd love for us to keep the momentum going on meeting with the City officials and finding out what the rules are so we can have more day care. Mr. Dawkins: And the Mayor and I didn't do anything to help, just these two, I mean just those two. Me. Holshouser: I'm sorry, sir, I apologize, I've abase myselt! Mr. Dawkins: Oh course, I as only kidding, Joanne, go ahead. f No. Holshouser: But really, a lot of it boils down to the regulations that we ,, most have, and I am all for having the private sector bid and support RM#M things. It's coming all over the place, in office buildings and the City of Miami might cows up with a great program to get the private sector to psy tog,y their saployoss and others to use these, but please, let us work on it with you. Headstart would love to work with you on It. Mr. De Turret Thank you. Sx f� { , s ab u� � r. $I. CITY OF MIAMI CEMETERY - discussion regarding present status and possible alternative use. ------------------------------------------------------------------------------ Mr. De Yurre: The next item is also mine, Mr. Mayor, and it's basically... Mayor Suarez: Alternative use of the City of Miami Cemetery. Mr. De Yurre: We have a cemetery that costs us so many thousands of dollars. Mayor Suarez: I thought we were going to try to privatise it, just... Mr. De Yurre: Yes. Mayor Suarez: Can't we put It out for bids in its exact present... Mr. Al Howard: Well, what we've looked into... Mayor Suarez: Are there any deed restrictions or anything? Mr. Howard: No, but what we've looked into in the property next to it, which is Biscayne Park. There are two leases out on that property now, one with the Temple Israel, it doesn't end until the year 2002. The other property, which Is about six acres, the lease is over now, with the school, and we haven't done anything with the School Board, whether to put it out... Mayor Suarez: I'm all confused, I am totally confused about what you are saying, Al. Mr. De Turret OK, but first of all, understand where I am coming from. We have a cemetery. Mayor Suarez: We have a cemetery, we want to figure out what to do with it, other than to have to operate it ourselves. That is the thrust of what he is trying to do. I don't know what you are saying that has anything to do with that whatsoever. Mr. De Yurre: You know, whether we can privatise it, have somebody take it over, and have some mausoleums, we'd get a cut out of that too, and they take care of the maintenance of the... Mr. Howard: If you were to build a mausoleum, you would have to have additional property there. Mayor Suaret: No, we are not building anything. We're talking about getting rid of this property, it is costing us money to operate and giving it to the private sector somehow. OK, I'd asked before if there were any dead restrictions. Why can we not get rid of it? Mr. Plummer: You have an obligation. Mr. De Turret But, what keeps us from.... Mayor Suarez: What if that obligation is assumed by the buyer? Some people night be able to operate this thing profitably, get it out of our hands. (INAUDIBLE STATEMENT) Mr. De Turret Well, but Mr. Mayor, Why don't you want to build you know, two or three stories Worth of mausoleums?°yw Mayor Suarez: Oh, this is the City of Miami? Mr. De Yurre: No, we privatise it, and we give them the right to sell tho... Mayor Suaretr Me privatise it for whatever use. k7 Mr. De Turre: That's Where I as coming from. 243 t s j'3i�e.• k i-1'.� ., Mayor Suarez: Teo. Mr. Ronald Williams: Mr. Mayor, I'd like to add, we presently do not have a lease agreement for that property at this point. Mayor Suarez: How many departments do we have that deal with this? Mr. De Turret Well, what are we talking about, guy? I am talking about the cemetery, that's ours, right? Mr. Howard: The existing cemetery is ours. There are no agreements there. Mr. Dawkins: And the land next to the cemetery is leased to Temple Israel? Mr. Howard: Right, and the School Board. Mr. Dawkins: All right, and the land next to that is leased to the School Board. Is that right? Mr. Plummor: No. nol Mr. Howard: There's the section next to the park... Mr. Dawkina: Let me talk to the man who deal in leases. Come up to the mike, sir. Where are we, Armada? Mr. Alberto Armadas Sir, there is a piece of property that is indeed leased to Temple Israel until the year 2002, for $1.00 a year. There is a such larger tract of land, which is probably six acres or so, which was leased to the School Board at $1.00 a year, and it expired in 1987. OK, one of the things that we've always sort of not in fact, tried to renew the lease agreement with the School Board, because, in fact, if there was a decision to do it, we would like to get some money for that lease. If the intent is to use that land, in fact expand the cemetery by building there a mausoleum and allowing *=an private organisation to manage the existing cemetery and build mausoleums on this other site, then that would have to go to competitive bidding, and we may be able to make more money than what I have... Mr. Dawkins: OK, but could you very easily ask Temple Israel to accept some land over and then put us in the facility. Now, we got another one coming in. Mr. Mayorl Mayor Suarez: It's four departmental Mr. Bailey: I didn't know what cemetery you were talking about. We have already been in discussion with someone that has come to the City to build a mausoleum. We have already... as you know, this cemetery is under lease to Temple Israel until the year 2002. The only parcel of land that is not currently under lease is that parcel with the School Board which Al has talked about. Mr. Plummer: Is that contiguous to the cemetery? Mr. Bailey: It is contiguous, however... Mayor Suarez: Well, what about the cemetery itself, or...? Mr. Bailey: No, Temple Israel... Mayor Suarez: What about the cemetery itself? Mr. Bailey: That's under lease to Temple Israel to the year... Mr. Plummer: The cemetery is? Mayor Scares: Now could the cemetery be under lease to Templo ioretl? Mr. Dawkins: No. the land next to the cemetery. Mr. Dailey: Twenty, to the year 2002. Mayor Suavest as aometser itself is pet. Mr. Dawkins: No, the land next to it is, not the cemetery. Mayor Suarez: The cemetery itself, there is no way it can be leased to anyone, unless it has become a Temple Israel Cemetery, not a City of Miami Cemetery. Mr. Bailey: They operate, they have a lease to operate that to the year 2002. Mr. Dawkins: Well, why do we got... Mr. Bailey: Now, let me finish, let me finish, please. Mayor Suarez: Well, we've got five departments now. We've got Planning into this novel Mr. Bailey: Can I finish? Mayor Suarez: But, if we don't know what land we are talking about, Herb, we really are going to get confused. Now, are we agreed the cemetary portion is it leased to Temple Israel? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Pleasel OK, we manage that portion. Mr. Plummer: But is it leased to them? Mr. Armada: No, no, there is another piece of property, right here. This is more or less it right here, right here, which is leased to them for parking. Ms. Hirai: Mr. Armada... Mayor Suarez: OK, how many different properties do we have there, I man, different handlings of property, of management of property? Mr. Armada: The comtery is right here. Mayor Suarez: I've got the answer, three, from the fifth department here, sixth departmentl We've got three different uses. We've got a ceetery, we've got land leased to the School Board, or actually now, tenancy of will, and we got land leased to Temple Israel? Mr. Armada: That's correct, and another piece of property... Mayor Suarez: And we have no idea what we are going to do with any of it? Thank you, thank you. What does the Commission want to do? Mr. Odio: What I'd like to do, is the School Board property, that they are currently using, maybe we should go out on an RFP, to the private sector, to put in... to get more profit out of that property. Mayor Suarez: That's fine. Mr. Plummer: Well, may I suggest to you that you don't to out with any kind of an RFP, except request for proposals. Let them be imaginative, OK? Now, the next question, what is the zoning of the property that the City has? s INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. fi Mr. Pluses r: It's not a dead people zoning, don't give ms that crap. Mr. Guillermo Olmedillo: It is zoned GU, with an MC overlay. Mr. Plummer: What does that give than the right to do? trv: Mr. Olmedillos The GU will actually... � J-4 Mr. Plummer, Is goverment use, of course. , Mr. Oledilloo Teo, goverment use, sad it will givt as 40 op" 4Md $4,00 one. but the emstory proper has as MC overlay m• Mayor Suares: Would you bring all of this back, with some proposal on how we can do something other than operate a cemetery at a loss, I am sure. Mr. Plummer: No, no you can make damn big money out of a cemetery. Mayor Suarez: If we in fact, make a lot of money on the cemetery, as Commissioner Plummer is whispering to me, please convince Commissioner De Yurre we make a lot of money on it, so that he won't have a mind necessarily to sell it, although I don't believe that at this point, but I can be convinced. Mr. Dawkins: Right now we are losing money, because all we do is... Mayor Suarez: Ah, he says we lose money, you say we make money. Mr. Plummer: I didn't may we were making money now. Mayor Suarez: At this point, I would like for us to know whether there is a better way, I mean, a more profitable way of handling all of these three properties, and have it come back to the Commission with proposals, and maybe that each one has to be dealt with differently. That's why we have so many departments involved, there are six departments now. Does that meet your, the substance of what you are trying to accomplish? Mr. Plummer: To do something with it, that's what he is trying to do. Mayor Suarez: To bring back recommendations on all three parcels as to what would be a profitable thing to do from a City standpoint, on all three of them. Mr. Plummer: Well, all we got down there now is just one person for maintenance, right? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Why do you have two people down there? Mr. Howard: It really takes two people to maintain a cemetery, really. Mr. Plummer: What? Mr. Howard: Yes. Mr. Plummer: When was the last time they had a burial? Mr. Howard: We've had 12 this year. Mr. Plummer: Twelve, one a month. Mr. Howard: Twelve, yes approximately one a month. Mr. Plummer: Yes, that's a hell of a big deal? Mr. Howard: But the maintenance of the grounds, the upkeep... Mr. Dawkins: Yes, but you still got to cut the grass, and pick up paper and keep it looking presentable. You don't want it looking like, because it is in the City, it's got to look badl Mr. Plummer: I didn't may it was to look bad, I am wondering why one etas V can't do it. It ain't that big. Mr. Williams: It is a nine acre cemetery and it does take a lot of work, a>At the cosmetics... "t Mayor Warea: I think it is pretty clear that we are not experts is sumUS cemeteries, and... Mr. Plummer: No, that's rather obvious. GSM, 3" Mayer Suarez: If there is any May that we could get rid of some of this property, at least the saintenance, or the management and make it profitable in the process. That would sake a lot of sense. I mean, we have titles of people over there that don't fit into any of our categories. What is the title of the guy who runs the cemetery? Mr. Howard: Sexton. Mayor Suarez: Sexton. Mr. Howard: We have a title for sexton. Mayor Suarez: Sexton, OK, thank you. Mr. Howard: Sounds good, doesn't it? Mayor Suarez: Sounds good, he saysl OK... Mr. Plummer: As long as you take the ton off. ------------------------------------------------------- NOTE FOR THE RECORD: At this point, it was announced that aganda Item 94 was withdrawn. ------------------------------------------------------- SZ. GOLF CART DONATION TO THE CITY - accept donation by Venetia Town Residences. Mayor Suares: Item 95. What do we need to do on accepting a golf cart? Just a resolution accepting it? I'll entertain a motion to accept the golf cart donated by Venetia Town Residents. Mr. Plummer: Sure, why not? Mayor Suarez: We are going to use it for police who are going to patrol downtown. Herb, you are not going to be objecting to the golf cart, please. Mr. Bailey: No, I am not going to object to the ballpark, in fact, I don't object to anything really. Mayor Suarez: Thank you, we've got a motion, do we have a second on the golf cart, not the ball park. Mr. Dawkins: Yes, save it. Mayor Suarez: Seconded, Commissioner Dawkins. Call the roll. The following resolution was introduced by Commissioner Plussasr, who ` moved its adoption:., RESOLUTION NO. 88-625 . A RESOLUTION ACCEPTING THE DONATION OF A OOLF CART ST fFa'r VENETIA TOW RESIDENCES. �F (Here follows body of resolution, omitted here and on file in the Office of the City Clark.) , Open being second" by Cosnsibeieuer Dawkins, the resolutMa W" and adopted by the following vote: r Ac P t � ATtS: Commissioner victor De Turre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOBS: None. ABSENT: Vice Mayor Rosario Kennedy ------------------------------------------------------------------- S3. FIRST READING ORDINANCE: require retail establishments to disclose their refund and exchange policies unless full refunds or exchanges are offered by them (deceptive practices by retail merchants). ----------------------------------------------------------------------------- Mayor Suarez: Item 96. Mr. Plummer: Is this just for additional remodeling? Mayor Suarez: You again? Mr. Dawkins: That was my item. You, go ahead. Me. Patricia Allen: OK, this is something, that Commissioner Dawkins' item, It you want to start, Commissioner Dawkins. Mayor Suarez: Deceptive, or unfair practices by retail merchants, such as Miguel Braslaysky. What are we going to do with... OK. No. Allen: OK, I am Patricia Allen, I am the executive director... Mr. Plummer: Ara you here as a proponent or an offender? (LAUGHTER) Mayor Suares: Take him awayl Me. Allen: OK, my name is Patricia Allen, I an the executive director of the Downtown Business Association and this, that we are bringing to the Commission today is a result of various meetings that we've had in our Retail Council that we've had with Janet Reno. Mike Braslaysky, who was one of the founders of the DNBA, and the chairman of the Retail Council is going to go into specifically why this caste about. Mr. Mike Braslaysky: My name is Mike Braslaysky, I've got a business in downtown Miami, 75 East Flagler, Briggs Men Shop for the record. I an also chairman of the Retail Council of the Downtown Miami Business Association. Basically, what we are looking for, we don't want Flagler Street to happen the same thing to Lincoln Road in Miami Beach. There are a bunch of operators in the area of the electronic shops and the jewelry shops, who are killing the street, and they make you look... Mayor Suarez: i Mike, we agree with that, totally. Now, let me ask a question kn of the legal staff. Can we pass... you are asking us to consider... Mr. Braslaysky: What we are asking, Mr. Mayor... yes. -` Mayor Suarez: Please, please. You are asking us to consider pansiag legislation to control deceptive practices and fraudulent practices dewtowl, ,. Do we have any... Mr. Dawkins: I asked the City Attorney to draft legislation. Mr. Fernandez: Yes., Mr. Dawkins: What did you toms up with? Mayor Suares: Let sr find out if we can evon do it. Oh, we ea& de itt 3� Mr. Fernandes: Yes. x _ a, I • 0 Mayor Suarez: We are not preempted by state law? We can have a mini, mini FTC Act in the City of Miami? Mr. Fernandez: Yes, we can. In fact, the City of Miami Beach has an identical one that we actually patterned ours after. Mr. Braslaveky: It came too late for them to save Lincoln Road, and we are trying to do it right now to save Flagler Street. Mayor Suarez: Can you get it in a form that is necessary for the Cossaission, we'll enact it as an ordinance? Mr. Fernandez: It is ready, and has been distributed to each of you. Mayor Suarez: For first reading tonight? Mr. Fernandes: For first reading today, yes. Mayor Suarez: Has it been advertised for first reading? Mr. Fernandez: The advertising only is really necessary for second reading, just prior to... Mayor Suarez: I'll entertain a motion to approve the ordinance. Mr. Dawkins: OK, so moved. Mayor Suarez: I accept the staff recommendations and Cones isaioner's initiative. This is the Commissioner Dawkins-Braslaveky... the Dawkins- Braslaysky Bill. Do we have a second? Mr. Dawkins: Yes, he seconded it. Mayor Suares: Can you read it? AN ORDINANCE ENTITLED - AN ORDINANCE REQUIRING RETAIL ESTABLISH MTS TO DISCLOSE REFUND AND EXCHANGE POLICIES UNLESS FULL REFUNDS OR EXCHANGES ARE OFFERED BY THE ESTABLISMOMT; REQUIRING RETAIL ESTABLISHMENTS TO HONOR REFUNDS AND EXCHANGES AS OFFERED; PROVIDING FOR CIVIL AND CRIMINAL PENALTIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN OPERATIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. Was introduced by Commissioner Dawkins and seconded by Coassissioner De Yurre and passed on its first reading by title by the following voter AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Com®issioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy The City Attorney read the ordinance into the public race" sad announced that copies were available to the members of the City Commission and to the public. Mayor Suares: I'm sorry I ■is -identified the legislation. It's the bm*i"- Braslaveky-Allen Bill. Thank you. Mr. Braslaysky: Thank you very much. I appreciate this wry much, butt I I#&* I could bring... Mayor Suares: You're still talking?`}. Mr. braslaysky, Not I jast matt to maim somothisg oast. UVOO ame of the pol icemst, officers on the street of Flagler, aim ssaM ► . ,w > usbelievable stories of this;s that have bap mod... {" . i 1 Me. Allen: We get about 15 a week in our office. Mr. Sraslovsky: ... every day, and now that I am in charge of this bill, everybody is coming to me with different story. I appreciate very much... Mayor Suarez: Well, you are still in charge of it. After we pass it, you are going to still be deep... Mr. Braalaysky: Teo, I know, I will come back for the second reading. Mayor Suarez: Yes, I figured you will. $4. SPECIAL EVENTS IN THE COCONUT GROVE AREA - create 5-member committee to draft guidelines and recommend to the City Commission - appoint J. L. Plummer as committee Chairman. Mayor Suarez: Item 97, preliminary discussion regarding special events. Do we have a committee, or something? - something rational to resolve how we are going to do this? And we're going to do it with staff? There is no one from the general public on this item? I can't believe it. OK, what's in the report, Frank, in ten words or less? Mr. Frank Castaneda: Yes, basically what we are recommending is the creation of a committee composed of people from residents, community based organizations, civic groups, festivals and event organizers and City staff, to basically review events that occur in the Grove prior to coming to the City Commission. Mayor Suarez: How many members are you suggesting that we put on the committee? Mr. Castaneda: It is up for discussion. I don't... Mayor Suarez: Small committee, large committee? Is this the kind of thing that we need a lot of input, or the kind of thing that we need a lot of technical expertise, or what? Mr. Castaneda: You have very different ideas out there, and I think that you need to have at least ten, twelve people, I would say. Mr. Plumiser: Well, what do you mean? Mayor Suarez: A committee for advising us on what the ideal number of events, and which ones we should allow in the Grove. Mr. Plussmmer: Well, Mr. Mayor, I would like to see... I am not as much interested in a committee. What I am more interested in is that we would write a not of rules and regulations and guidelines. I think that's more important. I am of the feeling, and I am just giving you my feelings, that one major festival in Coconut Grove a month is adequate. Now, I think in some way, shape or form... Mayor Suarez: The question of defining major is not all that easy. You don't mean... do you exclude from that definition, things that might happen at Peacock Park? - contained within Peacock Park? Mr. Plummier: No, that would be a major. Anything that would Lie up traffic, or restrict streets, I'd say is major, OK? F: Mayor Suarez: OK, I guess that's what we need the criteria to. Mr. Plummier: OK, and as far as I an concerned, I think that that is ow"ab for the people and the residents to put up with. Second of all, I thi" ii1 sore way, it should be without question, a Mimi event, sat if j PmiU#a related in some way to Coconut Grove. Now, we've Sot a lot of taeilities is this town, and yet, because of many seasons, the only one that is really sass is Coconut Grove, for festivals. That's... 7 �J1Z `s u� `so Mayor Suarez: But you are also going to, in that process, allow as a consideration, hopefully, we should, I think, a historical fact of certain festivals always being in Coconut Grove and having acquired the character, even if they... Mr. Plummer: I have no problem with that. The ones that have traditionally, like The Coconut Grove Art Festival, I think is very, very good. But let spa give you the other side of the coin. The other side of the coin, we've seen a success rate with a thing called "A Taste In The Grove." That has now multiplied, that same one, by different names into five different festivals, all taking place in Coconut Grove. Now, that park down there can only stand so much traffic across it before it starts becoming detrimental and these people don't pay enough money in fact, to keep that park and maintain it the way it should be for the residents of the area. So what I am saying to you is that we have some kind of a criteria, where you would make an appointment in the future for that park to be used, which is primarily the focal point, which is the park. Mayor Suarez: Why don't you head the committee and draft something up and bring it back to the Commission? Mr. Plummer: That's fine with me. Have the committee draft up some rules, regulations and guidelines, OK? - and then let's start applying, giving credit to those which have been historically, and dedicationally to the Grove area, and I think that... Mayor Suarez: Do you want to work with a committee of a total of five people and each Commissioner to appoint one to work with you on it? Mr. Plummer: That's fine with me, five is enough. Mayor Suarez: Pete, why are you shaking your head? You don't want to be on the committee? Ms. Joanne Holshouser: Well, yes, I'd like to be on the Commmittee. I just had some comments I wanted to make, if I may. Mr. Plummer: Well, let's put it this way. I agree with a committee of five that would do no more than recommend to this Cosssission, of course. Mayor Suarez: You can bring it back to the Commission. What's wrong with that procedure? Ms. Holshouser: One of these things that I am... I'm sorry, Joanne Holshouser, 4230 Ingraham Highway. Tucker Gibbs did ask me to say for the Coconut Grove Civic Club specifically that we would very, very much hate to see a committee which was not heavily, heavily weighted with Coconut Grove residents. Mayor Suarez: I think all the members should be from Coconut Grove and... Ms. Holshouser: But we don't want festival people, necessarily, to be the majority on the committee. Mayor Suarez: I think it should be Coconut Grove residents and we've got a few here that I'm sure would be interested in serving. I see Swilio back there, yourself, Tucker Gibbs himself, we've got more than enough. No. Holshouser: If I could just make some remarks in general about it. Mayor Suarez: Joanne, I don't know how the rest of this Cossaission feels, but I should have left some time ago, and this is going to come back to the Cossaission and chances are you will be... Ms. Holshouser: line, may I wake the remarks then, before any aches 14 taken? Mayor Suarez: Sure, absolutely, and won't you participate with the aomslitt o s-, at least? 251 #e ' Me. Holshouser: I would like to participate with them, and I Mould like to say on the record now, that I an the only certified festival executive you have in Coconut Grove. You have one more in the City of Miami, Anne Marie Adker, who is there partly because you've sent her to conferences, but I would think that we have the credentials. Mayor Suarez: Yes, with DDA budget money. Me. Holshouser: What? Mayor Suarete With DDA budget money. Me. Holshouser: You certainly did, and she's earned it and she's a great representative for you. Thank you, I'd like to be there. Mayor Suarez: Emilio, would you want to serve on the committee? You are here at City Hall. I'll nominate Emilio Calleja for my appointment, and you guys can't talk to each other, see, because — Mr. Plummer: No, hey, he is my friend, and I don't want his to get in trouble. He is a merchant in Coconut Grove. Mayor Suarez: That's right, you do have a... Mr. Plummer: He has a vested interest, and I think he could be criticised, and he's my friend, and I want to put it on the record right up front. Mayor Suarete But he is a resident though, that's his principal function. Anyhow, does this Commission want to approve the concept of... Mr. Plummer: It's up to him to make his decision. Mayor Suarez: do ahead and sake the motion to have a cosnittes of no more than five... Mr. Dawkins: Moved. Mayor Suarez: Moved, Commissioner Plummier... Mr. Plummer: To create a... Mayor Suarez: ... a committee of five, headed by yourself. Mr. Plummier: Huh? Did I volunteer? Mr. Dawkins: No, we volunteered you. Mr. Plummer: I second. Mayor Suarez: Each one, each Commissioner to appoint one, and you being your own appointee. Call the roll. We'll submit our name. Mr. Plummer: So it is a committee of six then? Mayor Suarez: No, you don't get another appointment besides you. Mr. Dawkiaa: No, a committee of five. You're the chairman. You are the chairperson and that's all. Mr. Plummmer: If I'm chairperson, I don't got to vote? Mr. Dawkins: No. Mr. Plusamor: Then I don't want to be on it, ` Mayor Suares: Yes, you get to vote, but you don't Mot to 4WASt r also on top of that, you are going to chair the dNs aoWUt%", 1 MM comittes. Call the roll. 'g Mr. Plusslar: Oh, that is all right, you, four plus not ' Mayor "area: bigbt, yes. "r , Mr. Plummer: That's all right. Don't put me anywhere I can't vote) N*III The following motion was introduced by Commissioner Dawkins, who moved its adoption: NOTION NO. 68-826 A MOTION CREATING A COMMITTEE OF FIVE MEMBERS TO DRAFT GUIDELINES AND MAKE RECOMMENDATIONS TO THE CITT COMMISSION IN CONNECTION WITH SPECIAL EVENTS IN THE COCONUT GROVE AREAL FURTHER APPOINTING COMMISSIONER J. L. PLU MER JR. AS THE CHAIRMAN OF THE COMMITTEE AND STATING THAT THE MATOR AND REMAINING COMMISSIONERS MILL SUBMIT THEIR APPOINTMENTS IN WRITING. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following votes ATES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ASSENT: Vice Mayor Rosario Kennedy Mayor Suarez: We'll submit our names in writing. They'll be people that I'm sure Commissioner Plummer will be able to work with. HOTS FOR THE RECORD: At this point, agenda item 99 was continued. ------------------------------------------------------- 85. CITY ATTOOMY'S OFFICE PARTITIONING - authorize negotiations and award contract for most advantageous offer to the City. Mayor Suarez: Commissioner De Yurre, quickly please. Mr. De Yurre: Yes, is an item for the Law Department that... Mayor Suarez: The partitioning item that they need approval upon. I entertain a motion on it. Mr. Dawkins: Moved. Mr. De Yurre: Second. Mayor Suarez: Call the roll. t{,y yi. f R R R �x � The following resolution was introduced by Commissioner Dawkins, Who moved its adoption: RESOLUTION NO. 88-827 A RESOLUTION AUTHORIZING THE CITY MANAGER TO CONDUCT COMPETITIVE NEGOTIATIONS IN ACCORDANCE WITH CITY CODE PROVISIONS AND AWARD A CONTRACT TO THE CONTRACTOR MAKING THE MOST ADVANTAGEOUS OFFER TO THE CITY FOR NEEDED PARTITIONING OF OFFICE SPACE AT THE OFFICE OF THE CITY ATTORNEY LOCATED AT ONE SOUTHEAST THIRD AVENUE, 1100 AMERIFIRST BUILDING, MIAMI, FLORIDA, WITH FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $6,575 ALLOCATED FROM CURRENTLY BUDGETED LAW DEPARTMENT FUNDS, SAID PARTITIONING SERVICES TO BE SUBJECT TO THE REQUIREMENTS AND PROVISIONS OF THE EXISTING LEASE AGREEMENT FOR SUCH OFFICE SPACE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Rosario Kennedy COMMENTS MADE DURING ROLL CALL: Mr. Plummer: What is the question? Mr. Fernandez: A petition for the Law Department. Mr. Plussser: Yes. $6. CUSTODIAL SERVICES AT POLICE DEPT. BUILDING - authorise throe -month extension to contract with Production Associates, Inc. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: We have an emergency to pay a lady for cleaning the police station. I move it. Mayor Suarez: Moved. Mr. Plummer: Paying for cleaning what? Mr. Dawkins: The police station. Mr. Plummer: How much? Mr. Odio: $125,000 contract. Mr. Plummers How such? Mr. Ron Williamas It is an extension of the custodial contractor... <a Mr. Dawkins: $125,000. p Mr. llmm rs Wait a minute. Wbat were you trying to tell as in MW �F � bearing bow w4ch it costs to clean a police station? a4 Mr. Wililawas That's esaetly wbat I told you. *120,000. c Mr. Odio: That is exactly the figure given in the workshop. Mr. William»: That's exactly the number that I gave you. Mayor Suarez: Wait, wait, what are you talking about? Mr. Odio: OK, the cleaning of the Miami police station. Mayor Suarez: Teo, I heard that part. What about it? Mr. Odio: It costs $125,000 a year. Mr. Albio Castillo: That is part of the budget. Mayor Suarez: Please, air. You are not a mamber of this Commiesion. Mr. Dawkins: Teo, he is. Mr. Plumsaer: $125,000? Mr. Dawkins: A year. Mr. Williama: Per year. Mr. Plummer: Are you crazy? Mr. Dawkins: You paid that last yearl Mr. Plumar: That made me crazyl INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: That was on a per square footage basis... Mr. Williams: And that's cheaper than it was the year before. Mr. Odio: That's lower than it was two years ago and three years ago. Mr. Dawkins: And it's cleaner. Mr. Williams: Right. Mayor Suarez: Ron... please. On a per square footage basis, that's a normal amount to pay for that kind of facility. Mr. Williams: Yes, it is Mr. Mayor. What we are asking you to approve is essentially the extension of the contract at the anion price and saws conditions as last year. Mr. Plummer: Would this bid... Mayor Suarez: Well, that's what worries me and I think that's what worries Commiasioner Plummer. Mr. Plusmeer: Has this been bid? Mr. Williams: Yes, it was bid the previous year. -Y Mr. Plummer: No, no, this bid. Mr. Williams: Yes. This is an aztensioa of last year's bid. p'xi Mr. Plummer: Now many people did you have bid on this year's contract? Mr. Williams: I'■ sorry, Commissioner, I didn't... Mayor fearess no fact that it is an extension doesn't resolve et 611 conasras. Our concerns is a competitive price to pay for 61*smiBo AMR police station. ?. Mr. Odio: Well, we bove 115,M square test. F i3 � kin 6 Mr. Williams: Tee. Mayor Suarez: Have you looked... I mean, was this bid this year before the extension? The fact that it is an extension doesn't solve anything, at least in my mind. Mr. Odio: Let me tell you what... Mr. Williams: Let me respond to that, Mr. Mayor, if I may. Mayor Suarez: Somebody respond to it, because it is the same question that Commissioner Plummer has. Mr. Williams: We think that it is an excellent price, the vendor has done a fantastic job. The police facility is cleaner than it has been... Mayor Suarez: Doesn't answer my question. I don't know if it answers yours. It doesn't answer mine. Mr. Plummer: It doesn't answer my question. Mr. Odio: We feel... Mr. Plummer: A dollar a square foot a year for cleaning? Mr. Odio: No, less than $1.00. Mr. Plummers What do you mean less than? $125,000 for 125,000 square feet. Mr. Odio: No, it is 135,000 square feet, so it is less than... Mr. Plummer: What are they doing besides sweeping and cleaning up the garbage cans? Mr. Williams: They are cleaning all areas, including all locker roosu and showers, and cleaning, sopping, waxing the lobby. They have in their contract that they shampoo the carpets in the hallways once a month. This includes floor to top, full time cleaning of the police facility and the reason that... Mr. Plummer: How many people are involved? Mr. Williams: It is an outside contract that they usually have three to four people on duty around the clock. The usually do the major heavy cleaning, that is the waxing and shampooing in off hours when the facility is less occupied. Mayor Suarez: Why are we doing this at the 4th hour without it being on the agenda and without us knowing for sure that, you know, at least, have had three bids, have we gone though the usual process on this? Mr. Williams: If I may, Mr. Mayor, and if I may respond, and I do need to come back to the fact that it is an extension, as I tried to advise initially. Mayor Suarez: That doesn't solve anything for me. Doesn't solve anything for no. An extension, so what? Mr. Williams: Well, explains to you that the contract hasn't been bid. Mr. Odio: We have to go out for bids, then, and when we talked about this... Mayor Suarez: I don't know, I mean, I an asking you. I don't remember the law on this. Mr. Odior The chances will be that we will get a higher price. �- ; Mr. De Turret Well, why can't we extend it for a three -a th period, put out for bids for the balance. Noyor Suarez: Teo, and then do a complete bidding process. ye asy ut s i!t of lower prices. E,E Mr. be Turret QK. I'll make that :lotion. Mr. Odio: I don't believe it. Mr. Plummer: We can go get a hell of a lot of window washers. Mr. Williams: The present contractor provides for two to three years extension, Mr. Mayor. We are just complying with the present contract that we have. Mayor Suarez: Yes, but that is at our option, and we can always put it out for bids and try to get lower than that, and it's the correct way to do things. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Oh, oh, he's buying lunch. Mayor Suarez: Do you want to move it for three months, while we... Mr. Plummer: Fine. Mayor Suarez: OK. Mr. De Turre: And then put it out for bids and we'll see what comes in. Mayor Suarez: Moved and seconded for three -months extension, pending complete, you know, negotiated bidding process. It is not really an RFP, please, don't get into writing RFP'a and all that, just negotiate. I mean, it is a very simple set of parameters. Mr. Odio: Let me say this. When we awarded this contract, we had a guaranteed price for three years, and we took into consideration then, that it was a good deal because of inflation factors and if you go out for bids now, the price will go up. Mayor Suarez: Nov 1 see why you got into the extension issue. Because of the guaranteed price, if we extend it. Mr. Odio: We guarantee the price and if you open it up for bids, the price will go up. Mayor Suarez: When does it end? When is the current... Mr. Odio: We have three options, two more options. Mayor Suarez: The present term end* when? Mr. Williams: August 31st, Mr. Mayor, and I apologize for coming to at the last minute, but it is important that we continue. Mr. Odio: I really believe it is a good deal. Mayor Suarez: Well, I was about to throw this at you for coming in at... Mr. Odio: I really believe it is a good deal. We used to pay $165,000. Mayor Suarez: Well, I don't think you are going to lose any negotiating power by extending it for three months. I really don't believe that. Would ne, Counselor? y J:- Mr. De Turre: Does the lease say that we can't extend it in smaller port," Ilk* three months or six months? ` .Z ,. Mr. Williasu: provides It strictlyy b annual renewals. F Mayor guares: No, but what I am afraid of is, OK, we go three amths that's at the guarantee price, but then after that, they don't guaraatos too price. ., Mr. Do Yurres No, but if we continue the optional extending the options. ZP Mayor guares I think that we lose that if w don't... ny AL-1 Mr. Pluasmer: Something has to be wrongl Excuse mel Either you are demanding something in that contract, I just cannot for the life of me envision spending $12S,000 to clean that building! Mr. Williams: Commissioner Plummer, that's cheaper than it was two years ago. Mr. Plummer: hall, that don't make it right) Mayor Suarez: We've heard that, Ron. That just doesn't solve it. That doesn't solve it. Mr. Plummer: By God, if you were spending your money, you'd find a way to save it. Mr. Williams: All I can tell you is... Mr. Odio: Wait, we don't want to argue. We don't want to argue. Mayor Suarez: Mr. Manager, Mr. Manager... Mr. Dawkins: Is there a second to the motion? Mayor Suarez: We have a motion and a second, yes. Just one last question. You don't think we'll lose any negotiating power because we extended... Mr. Plummer: I have no idea. Mayor Suarez: No, no, I was asking the City Attorney, because we extend it for three months? I think we could probably still hold them to the guaranteed price if we then decide to go with them for the entire rest of the term. Don't you think? Mr. Fernandez: I haven't read the contract myself, Mr. Mayor, so I wouldn't be able to tell you. Mayor Suarez: Now you are getting careful. See, you are learaingl OK, we have a motion and a second. Any further questions? Mr. De Turret Mr. Mayor, why can't we get them to sign an agreement, if they gat the extended three swaths, that they agree that they will keep... Mayor Suarez: That they still will keep to the guaranteed price. Would you try to negotiate that? Mr. Dawkins: Under discussion. Mr. Williams: We have them agreed to the four years, Mr. Mayor. Mayor Suarez: Yes, if I only want to go three months, we also want the guaranteed price. Mr. Dawkins: Under discussion. Is this a policy that this Commission is going to adhere to at every damn extension? Let's don't pick certain contracts to decide if we are not going to honor these extensions that we agreed to, all right? Now, I sit here and we vote on every extension and than when we get to certain extensions, we've got a problem with it, so we've got to back and renegotiate, but all these other contracts that come up here and you want to renegotiate them for the year and take your options, nobody complains about itl Mr. Flummers Wall, if you call it an extension, that's one thIDS, t4sse thugs are usually written in a yearly option. Now, an option is a bell of a lot different than an extension. Mr. Williams: That is exactly what's before you, Cosssissionas. Mayor guaress No, not the same thins. Mr. Dawkins An option they can go up. you sot a eegotj&W pgiae;, Mayor Suaress The thing is we have... !is i Mr. Plummert Not necessarily. Mr. Dawkins: I have no problem with it, call the roll. Mayor Suarez: The thing is, we have a guaranteed price, that's what's different. Mr. Dawkins: Call the roll, I just want to go on the record whether this is the policy of this Commission, that's all I need. Call the roll. Mr. Plummer: Well, for the record, I don't feel we are establishing a policy. I think we are taking and picking and choosing as we see fit to try to get the best deal for the City. Now, that's... Mr. Dawkins But we don't... I have no problem with that, J.L., but we don't do that on every contract. Mayor Suarez: I don't remember. I don't remember doing an extension of any contract in this amount of money without looking at alternatives. I really don't. Mr. Dawkins: Beg pardon? Mr. Williamst Mr. Mayor, I'd like to add, and you didn't really think it was relevant, but if we look at the condition of our police facility today, as it has been over the last four to five years, we can really be proud to have the public in an out of there. Mayor Suarez: Sure, that is relevant to the issue, whether they are doing a good job, but that is not relevant to whether that is competitive with others. Mr. Williams: And the reason I add that, Mr. Mayor, is that if we get into... Mr. Dawkins: Leave it alone. Mayor Suarez: Sure, it is relevant, but it is not relevant to the question of how competitive it is, because we have no way of knowing what other people would do it for. OK, call the roll on the three-month extension. Mr. Dawkins: You tell this present contract, I may don't bid on it, and let them see if they can get it done for what they offered to do it. All right, leave it alone. Mr. Williams, didn't I ask you to leave it alone? All right, call the roll, Mr. Mayor. Mayor Suarez: Wait, wait, Commissioner. Mr. Dawkins: Call the roll. Mayor Suarez: No, I'm not going to call the roll. Mr. Manager, do you want to add anything? Mr. Dawkins: I call order, or whatever you... Mayor Suarez: I'm not closing debate. If you want to move to close debate, you can move it. Mr. Dawkins: I'll make a motion to close debate. See if I get a second. Mayor Suarez: All right. Mr. Plummer: No, i don't think there is anything else to discuss. I'll second the motion. Mr. Dawkins: That's right now. Mayor Suares: before we vote on it, Mr. Manager, a point od elsrid'loatilM What did you want ems, to add? 4 7 Mr. Olio: No, no, I was hoping we could defer the discussion, doter tU motion and to and get sos» prices, so that I mould give you se`tdoa... f ti� Mr. Dawkinst You're on my list with Mr. Villiams. z 14 r. L:l� Mr. Odio: Well, OK, forget it. Mr. Dawkinst All right no, I just have to tell you... Mr. Plummer: See, I got to believe somewhere, now, I could be wrong, all right?... I've got to believe there is something in those requirements that to causing that price to be so damn high, OK? Now, I just can envision... Mayor Suarez+ No, it sounds high for that facility. Mr. Dawkinat You all don't understand, all right, call the roll. Mayor Suarez: We have a action to close off debate, and seeing as no one else wants to add any debate, we don't need to vote on it. Call the roll. The following notion was introduced by Commissioner De Turra, who moved its adoption: MOTION NO. 88-828 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO AUTHORIZE A 3 MONTH EXTENSION TO THE CONTRACT WITH PRODUCTION ASSOCIATES, INC. IN CONNECTION WITH THE RENDERING OF CUSTODIAL SERVICES AT THE POLICE DEPARTMENT BUILDING. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ASSENT: Vice Mayor Rosario Kennedy COMMENTS MADE DURING ROLL CALL: Mr. Plummert Which motion am I voting on? Mayor Suarez: The three-month extension. Mr. Plummer: Yes. Mr. Dawkins: No, not right now. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Please get back to us with some idea whether you art able to maintain that guaranteed price for the complete extension and what other people might be able to do it for. Mr. Dawkins: Now, Mr. Williams, corns to the mike, please. When this Individual started to clean the jail, what condition was it ins T Mr. Plummer: Jail? Mr. Williamst Police facility. Mr. Dawkins: Yes, police facility. Mr. Williamst It was in deplorable condition. 4'{ Mr. Dawkins: All right, and why was it in deplorable comditlesl Mr. Williams: Well, we had a combination of factors, one be&" the qsil11# 09 the contractor we had in there before, and a secoad, was the morality 99 1WW contractor. We had to fire the gentleman that tram tbers. Mr. Da Was: And net ealy that, the eemtracter tnderftt,. M# ttbW he oom1ft't do it, so he didn't. Sm. tbay just didn't do a $04 jobs'" tbt 00&340" #tea Mr. Williams: Right. Mr. Dawkins: All right now, bear that in mind and go on out for bids and see ghat you come up with. No problem, I mean, you see, we sit here, now we are the reason that we got the lady, because we were dissatisfied with the condition of the police station. We went out, we gave Mr. Williams, Mr. Manager, that is, the right to go and look and hire people and monitor the cost to see what the cost of doing the building would be. Than, they came up with that cost of what it would be, and then they went out for bids, and this individual came in with a bid lower than what Mr. Williams had already... I mean, what came up with, for doing the building, but now it is wrong, so I hope the lady bids the way everybody else and goes up. Mr. Plummer: Well, let me make one thing clear for the record. I want to see the specs before they go out. You made one comment, for the life of me, I don't know why the hell you got it in there. Why do you have to have three or four people around the clock there at that facility? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: I don't give a damn. Normal procedure is that you have skeleton crews on at night and janitorial crews go in at night and do their work. Now, if you are requiring, OK... if you are requiring that three to four people at all times be on that site, I am starting to understand where that $125,000 is coming from. I just may, for the life of me, that's too damn high! Mr. Odio: Well, you get what you pay for. Mr. Plummer: Hey, I want to pay for everything I get, that I need. Mayor Suarez: If you want to debate it, we've debated it, but you moved to close off debate, and then you want to debate it. Mr. Dawkins: No, I didn't debate it, I made a statement. I didn't debate itl Mayor Suarez: All right. Mr. Dawkins: I just told you why we were being foolish. Mayor Suares: If everybody wanted to make a statement, then everybody make their statement. Mr. Dawkins: I move we adjourn anything else? Mr. Plummer: No, no. 87. PISTOL RANGE AT POLICE DEPT. - approve allocation of $83,000 to redo range. Mr. Plummer: Mr. Mayor, an emergency item, which we need $83,000 to redo the pistol range at the Police Department, which is costing us about $23,000 in overtime a month to go to Hialeah. Mr. De Yurre: Move it. Mr. Plummer: I would move that we pay this $83,000 and tell the City MauagDr to get that range back in as quickly as possible. Mayor Suarez: Moved and seconded. Call the roll. The following notion was introduced by Commissioner Plus r, who move its adoption: MOTION NO. 86-829 A MOTION AUTHORIZING AMD DIRiCTINO TN; CITT MAMAM TO ALLOCATR $43t000 IN ORDER TO REDO THE PI TOL RAM AT TM POLICE DEIARTIMBIPP. Y f 261 i9 4 x* Mtl7'i66ai..�r"Flr' iW vs�i.s19. - Upon being seconded by Commissioner De Turre, the motion was passed aed adopted by the following vote: AYES: Commissioner Victor De Turre Commissioner Miller J. Dawkins Comissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSEIiT: Vice Mayor Rosario Kennedy SS. PLACE UNDER OATH PUBLIC SPEAKERS ON ZONING MATTERS - direct City Attorney to bring back proper documentation in order to place under oath all future speakers before making presentation (see label 26). Mr. Plummer: The other item I want to bring up, Mr. Mayor, I think it is already on the books, but I want, if necessary, to bring it back, that all matters that come before this Commission, anyone testifying would be placed under oath. Mayor Suarez: I wouldn't do that right now if I were you. Mr. Plummer: I don't have your vote? Mayor Suaraz: Why do you want to do that? Mr. Plummer: Well, because I'll tell you, I'm damn sick and tired of people coming here lying to us, OK? Mayor Suareze You have... Mr. Plummers I's tired of looking at pretty pictures that the substance is not there. Now, anybody that comes before that microphone to testify, I don't sea any reason in God's green earth that they wouldn't be willing to put themselves under oath. Mayor Suarez: OK, there's two reasons why I am worried about it. One is just a simple procedural reason. There are a lot of people that come here, they are quite... some are devious, you are right, and obviously devious. Some are Innocent, and you are going to have sometimes little kids, we have them testifying sometimes. Sometimes we are going to have people who are just citizens who have never been at a forum of this sort, and putting them under oath, they make a misstatement, and it is technically perjury. That's what worries me. Remember the Gunderson situation? Mr. Plummer: Correct. Mayor Suarez: He's put under oath. It is an official proceeding, it is automatically a felony if anybody... Mr. Plummer: Mr. Mayor, it would be no different than if that child were taken into a courtroom. Mayor Suarezr If you are thinking of formal proceadings like the soalag items, is that what you are thinking about? Mr. Plume r: I an saying only as it relates to zoning, that anybody tbat testifies in a zoning hearing be placed under oath. I think it is absolutely mandatory., Mayor guaresi OK, zoning items, we have a lot of times the applicant and biz experts, or her experts, that would concern me a little less. Mr. Plummeri Well, I'll wake in the form of a notion, you want to veto It down, do so, but I just feel that we did it before, 14ka#t kMW Mp Wo stooped it. ' Bid Mayor Suarez: How about if you... the matter is going to come back, until you have a full Commission. Nov about if you think about it... Mr. Plummer: All right then, I'll make a motion that we instruct the City Attorney to bring back whatever is necessary, ordinance, or whstever, at the next meeting, to be presented to this Commission for action relating to people testifying under oath in any matter relating to toning. Mayor Suarez: OK, and in the process, why don't you check around a little bit to see what other jurisdictions do. If other ones do it on those kind of formal proceedings, I may very well vote with the ordinance. $9. SPORTS AUTHORITY BUDGET FOR FISCAL YEAR 1988-89 - (continued discussion) request timely presentation (see label 23). Mr. Eugene Marks: Mr. Mayor, please... Mayor Suarez: You are not going to do this to us, Gene, at this time? Mr. Plummer: It's an announcement. Mr. Odio: One second, J.L. Mr. Marks: I just called an emergency meeting of the Sports Authority and they wanted our proposed amended budget, 87-88, and our proposed budget, 88- $9. Mayor Suarez: Right. Mr. Market And it has been approved. I have finally got a quorum of five. We just broke up. Mayor Suarez: OK, we can't act on it, because we haven't gotten it, so just get it to us for the next... Mr. Plummer: No, we... but tomorrow night. Mr. Marks: No air, no sir, what I would like to do is not be brought up for the Commission approval at the budget hearing, but have it brought up so we can become more explicit in... Mayor Suarez: When would it be, if not then? Mr. Marks: The 27th is where the Commission will take action. I'd appreciate that very much. Mr. Dawkins: When are we voting on that? Mayor Suarez: That is exactly when we meant to do it, I think, wasn't it? Mr. Marks: No, Commissioner Dawkins. Mr. Dawkins: Yes, Mr. ex -chairman of the board. Mayor Suarez: Wait, wait, what are you saying? We are not going to have that for the next Commission meeting? Mr. Market Yes, sir, that is what wanted for the budget hearing for tonoerw. It's quite extensive with numbers and it's a proposal. .: Mayor Scares: Oh, we had asked for you to have done, to have acted on it f!c K4, tomorrow's hearing? { Y Mr. Market Teo, sir. I found out about it... Mr. Plusmar: Teo, tomorrow night is the public hoarLng oa budget. I" V Mr. Marker Teo, air, I found out about it 2:00 o'clock this afternoon. Mr. Odio: I was told .pacifically this morning, not to brim the budget for the Sports Authority until September 27th, because they would not act on it. Mayor Suarez: I see, and you are saying there's no possible way we can do it any other time other than September 27th? Mr. Market We will have it, present it to you in plenty of time in a fora that I feel you can understand better... Mayor Suarez: Yes, I would get it to the Commissioners very such in anticipation of that meeting. Mr. Marks: And I would like to see it brought up at the 27th, and not at the budget hearing. Mayor Suaraz: When can you get it to us? Mr. Plummer: All right, but wait a minute. Wait a minute, we got two different things to play with, all right? Mr. Dawkins: I'll be out of the country. Mr. Plummer: Gene, I would like to see this presented at our neat meeting, which is when? Mr. Odio: September 27th. Mr. Plummer: Oh, hall, no, I don't want to wait... Mr. Marks: That will give you time to analyze everything, because it... Mr. Dawkins: Well, what have you been doing and knowing that you had to submit your budget to me, Gene, and you're the chairperson. How did you lot this happen? Mr. Marks: Mr. Dawkins, I'd like you a question. When a budget is presented of this Commission, do you do it, or does the Manager do it? Mayor Suarez: No, no, it is a combination. Mr. Pluamar: No, Gene... Mr. Dawkins: Well, the Manager, nobody. Mayor Suarez: We all do it. Sometimes nobody does it. That is a rhetorical question. OK, on the 27th, I entertain a motion. Mr. Plummer: No, wait. Mayor Suarez: No? Mr. Plummer: I will agree not to discuss that issue tomorrow night, but I do want that budget before the 27th. Mr. Marks: You will have it in plenty of time. ten days before... Mayor Suaraz: You tell us. Mr. Marks: I don't know, I'd have to ask. Mr. Plummer: All right, I will tell you. Mr. Narks: A week before? Mr. Plummer: Ton days. Mr. Marks: Ton days? Mr. Plower+ I vast it by so later than the l#tb. You will have it, seven or k2. a" 0 Mr. Markle You will have it, Mr. Plummer, ten days before the 27th, you will have it by the 17th. Mayor Suarez: OK, put that in the form of a motion, if you want. Mr. Plummer: What? Mayor Suarez: Put that in the form of a motion, because apparently... Mr. Plummer: I don't need to. He said he Mould supply it, that's all I need. Mayor Suarers I thought we made a motion that they had to have it for tomorrow, that's the problem. Did we not? Mr. Dawkins: Put you under oath. Mr. Plummer: We'll put you under oath. You don't have a right hand) Mr. Odio: You told me that you didn't want it on September 27th Mr. Plummer: Seems we get cheated. Mr. Odio: Oh, you did do it over? No? --------------------------------------- 90. DAY HEIGHTS/NATONA MANOR AREA TRAFFIC STUDY - Commissioner Plummer reminds the Administration to ensure appropriate enforcement of presently instituted traffic laws (see label 70). Mr. Plummers All I ask is one question. Mr. Manager, so we don't lose... I can go home tonight and face my neighbors. Can I have your assurances that the adequate enforcement personnel will start on Monday and be in Day Heights and Natoaa Manor for at least a 30 day presence? Mr. Odio: You are talking about traffic enforcement? Mr. Plummer: I said, can we have, I'm not stating the number... Mr. Odio: Traffic enforcement. Mr. Plummer: ... the adequate enforcement in that area... Mr. Odio: I already instructed... Mr. Plummer: .... starting on Monday, with a 30 day presence. Mr. Odio: I instructed... Mr. Plummer: Can I assure my neighbors of that? Mr. Odio: Yes. Mr. Plummer: Thank youl a! , MOR - 9- a no M l MtMf'iM to � NORMS !! am @Mim�tp It S � n R Im •sjOi AT sell P.M. levier L. frarss ■•TOt •SIMI Natty sirmi Cm CLM Walter J. IP •at!!MM! CANN CUM OF r s� ,x � St � 4 '• -3 M e,YVp 1p v CITY OF MIAM DOCUMENT INDEX BAYSIDE CENTER LIMITED PARNERSHIP AUTHORIZE ISSUANCE OF REVOCABLE PERMIT FOR USE OF TWO BERTHS ADJACENT TO BAYSIDE SPECIALTY CENTER FOR MOORING OF TWO SHOWBOAT CHARTER CRUISE VESSELS. CHANCE OF MEETING DATE - SEPTEMBER 22, TO SEPTEMBER 27, 1988. FOURTH ANNUAL WEST INDIAN AMERICAN MIAMI CARNIVAL - AUTHORIZE STREETS CLOSURES. ACCEPT BID: D.L. KIRBY, INC. FURNISH AND INSTALL PLAYGROUND EQUIPMENT IN 18 CITY PARKS. ACCEPT BID: NEEF MACHINERY, INC. FURNISH ONE BACKHOE/FRONT END LOADER TO DEPARTMENT OF GSA. ACCEPT BID: GENERAL HYDRAULICS DIVISION OF LOR, INC. - FURNISH 40 HYDRAULIC VALVES TO DEPARTMENT OF GSA. LATIN CHAMBER OF COMMERCE, INC. - 111CUTE AGREEMENT IN SUPPORT OF 1988-89 PROGRAMMATIC ACTIVITIES OF THE PRIMANENT SECRETARIAT OF THE HEMISPHERIC CONGRESS OF LATIN CHAMBERS OF COMMERCE AND INDUSTRY, INCLUDING IMPLEMENTATION OF THE 8 HEMISPHERIC CONGRESS. IRK -SOUTH, INC. EXECUTE AMENDNENT TO A40199USYT - PROFESSIONAL SERVICES AND INITIAL REMEDIAL ACTION (PHASE II) ONYIRONSIlTAL A&SESSURSTS OF 81,0"$;, 24, ,AND 53 OF 024ST MigIT Cat: Nb� k SEPTEMBER 8. 1968 m'1mVML am 11 88-764 88-766 88-767 88-768 per,.OF � ACCEPT PLAT: PARK LAME AT THE GROVES ACCEPT PLAT: COLLEEN'S SUBDIVISION. ACCEPT GRANT FOR RENOVATION OF THE MANUEL ARTIME COMMUNITY CENTER PHASE II ($200,000) FROM FLORIDA DEPARTMENT OF STATE DIVISION OF CULTURAL AFFAIRS, BUREAU OF STATE PROGRAMS. MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. ALLOCATE $30,000 TO OPERATE THE DOUGLAS GARDENS SENIOR ADULT DAY CARE PROGRAM AT LEGION PARK. APPROVE EXTENSION OF EMPLOYMENT: CARMEN CRUZ (TYPIST CLERK II, DEPT. OF POLICE). 1988 ORANGE BLOSSOM CLASSIC PARADE AUTHORIZE STREET CLOSURES - ESTABLISH PEDESTRIAN MALL - RESTRICT AREA OF RETAIL PEDDLERS. COLUMBUS DAY WEEKEND PARADE - AUTHORIZE STREET CLOSURES. PAELLA 88 - AUTHORIZE STREET CLOSURES PERMIT SALE OF BEER AND WINE ESTABLISH PEDESTRIAN MALL -ESTABLISH AREA PROHIBITED TO RETAIL PEDDLERS. GROVE KEY MARINA, INC. - AUTHORIZE RENT PAYMENTS ABATMENT (FOR REPAIRS DUE TO TWO EXISTING HANGARS) AND EXECUTION OF COLLATERAL ASSIGNMENT BETWEEN GROVE KEY MARINA, INC. WITH COCONUT GROVE BANK, PURSUANT TO LEASE AGREEMENT. ACCEPT BID: R.B. GROVE, INC. FURNISH NINE (9) DIESSEL ENGINES TO DEPARTMENT OF GSA. SNARPTON, BRUNSON AND COMPANY. ACCEPT RECONUNDATION OF C°tTT NANAQER TO', AUTHORIZE NUOTIATIONS TO:. PS"10E AUIPITNaY` 8iR11ICEi TO' UElA tHENT OF INTERNAL AVOITS AND RERIS1It . �NrAB�'y tY� ?'A�'x:N�ICPAIT';'llr •AO�iP! F� 4� { 88-77S 88-776 88-777 88-788 88-779 88-760 8S-781 88-782 a FUNDING OF FOOD PROGRAMS. ALLOCATE $11,832. OF THIRTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND $1,055. FROM SPECIAL PROGRAMS AND ACCOUNTS TO SOME SOCIAL SERVICE AGENCIES FOR APPROVED FOOD PROJECTS. EDUCATIONAL PROGRAM REGARDING PROPOSED ISSUANCE OF CITY BONDS - ALLOCATE $50,000 FOR THE PURPOSE OF INFORMING BOTERS OF THE CITY OF MIAMI ELEMENTS INVOLVED IN CONNECTION WITH THE ELECTION. INCREASING APPROPRIATION TO TER NORTH DISTRICT AND SOUTH DISTRICT POLICE SUBSTATION PROJECTS. ACCEPT BID: FROM SOUTHEAST BANK - PROVISION OF BANKING SERVICES TO THE CITY FOR ONE YEAR PERIOD. PROVISION OF TYPESETTING, LAYOUT AND PRINTING SERVICES. RATIFY MANAGER'S FINDING OF EMERGENCY -WAIVE COMPETITIVE SEALED BIDS. ISSUE PURCHASE ORDER TO FRANKLIN PRESS, INC. PROVISION OF FIRE, RESCUE AND INSPECTION SERVICES TO PORT OF MIAMI. AUTHORIZE EXECUTION OF AGREEMENT WITH METROPOLITAN DADE COUNTY. MIAMI ARENA. RATIFY MANAGERS FINDING OF EMERGENCY. AUTHORIZE PURCHASE OF 30-YARD CONTAINER WITH COMPACTOR FROM STAR EQUIPMENT MANUFACTURING. ESTHER FAVOLE. WAIVE PROHIBITION OF CITY CODE AGAINST APPEARANCE OF FORMER CITY EMPLOYEE BEFORE THE CITY COMMISSION WITHIN 3 YEARS OF LEAVING EMPLOYMENT. f ACt%7T COK7LZTXD WORK* M.-VILA ANO A8#OCfATx9 v t*C. INT SWOOD Ntf*VAT IMOTXXXXT (DIMICT 11-4514) . illp ' O lLRTtb M 14 : A i't$. ►�rs��=����rstcT �-4��4 a . ♦S 4l; i P. tax *"BRING Ras OL0! In loolles 0f MTN.I 1lET1MEM�1� 0�10� Ma 8a-769 88-790 88-791 88-792 say-)93 Xh . .a', 1 rr 0 10 DOCUMENT INDEX CONFIRM ORDERING RESOLUTION (R-88-622): CONSTRUCTION OF NW 36 STREET SANITARY IMPROVEMENT (DISTRICT SR-5549—C) CENTERLINE SEWER). AUTHORIZE CITY gg—g0O CLERK TO ADVERTISE FOR SEALED BIDS. PHYSIO CONTROL CORPORATION. AUTHORIZE EXTENSION OF EXISTING SOLE SOURCE CONTRACT FOR MAINTENANCE SERVICES TO THE PHYSIO CONTROL LIFE SUPPORT EQUIPMENT FOR THE DEPARTMENT OF FIRE, 88-801 RESCUE AND INSPECTION SERVICES. COMMUNITY DEVELOPMENT " FLOAT GRANT" LOAN AMEND 14TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FINAL STATEMENT OF H.U.D. DESIGNATE FUNDS IN ORDER TO PROVIDE LOAN TO YMCA OF 88-802 GREATER MIAMI. SUNSTREET FESTIVAL. APPROVE CLOSURE OF 88_804 STREETS AND SALE OF BEER AND WINE. COMMUNITY ALLIANCE AGAINST AIDS. GRANT REQUEST FOR WAIVER OF RENT TO HOLD BENEFIT CONCERT AT GUSMAN HALL, WITH 88-807 PROVISOS. (A) SUPPORT DADE LEAGUE OF CITIES' ALTERNATIVE VERSION TO THE COUNTY'S IMPACT FEE 86-806 ORDINANCE. (E) DIRECT ADMINISTRATION TO REQUEST FROM METROPOLITAN DADE COUNTY THAT THE CITY BE ALLOWED TO HAVE EQUAL REPRESENTATION IN THE METROPOLITAN 88-809 PLANNING ORGANIZATION (MPO) LIGHT UP MIAMI r GRANT REQUESTED FEE WAIVER FOR USE OF BAYFRONT PARK AMPHITHEATER IN CONNECTION WITH THIS EVSNT. HISPANIC 9911TAGZ FESTIVAL — GRANT RXQU98T FOR USX FSE VAIVIR OF 1AYFRONT PARK AMPRITRZATIR MITN FROVISOS- CA"OLIC COWUMITT SIRVICIs IIC- 4tSiR'I itQVIST FOR soil TRU WAIVIA R #7rie= SIA®A AT R 5 X, 4 '1��. �} 5� 4r• � a `.cb, y-K �sry t �'y r` ` ,�m� w �t _.. . - •4y� ° � {-4'y i a's ��e�� es-413. DOCUMENT *MX s ooa�nr �wrt. 000.«a COL! CART DONATION TO THE CITY ACCEPT DONATI0N BY VENETIA TOWN RESIDENCES. 6d-a2S CITY ATTORNEY'S OFFICE PARTITIONING AUTHORIZE NEGOTIATIONS AND AWARD CONTRACT FOR MOST ADVANTAGEOUS OFFER 86-827 TO THE CITY. 'ry ,q _ • ,..yip F S .i a... S _ � .' T�f� tz � w� . ;� a �s +�) �?•tt��*�iadi'� ci y Lam, IR v , '�?' x�.