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HomeMy WebLinkAboutCC 1988-06-09 MinutesCITY OF MIAMI IiCOM MISSION OF MEETINS HELD ON June 9, 1988 (REGULAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk INDEX MINUTES OF REGULAR MEETINO CITY COMMISSION OF MIAHlj FLORIDA JUNE 90 1988 ---- --------------------- --- ----- _- ITEM SUBJECT LEGISLATION PAGE NO. NO. -- ---------------------------------- --- -=----------- 1. PRESENTATIONS, PROCLAMATIONS AND PRESENTBD 1 SPECIAL ITEMS. 2. DISCUSS AND REQUEST CITY MANAGER'S RECOMMENDATIONS AND FULL REPORT REGARDING ALLEGED LEASE VIOLATIONS BY THE CUBAN NATIONAL MUSEUM. 3. URGE COMMISSIONER MILLER DAWKINS TO TAKE THE LEAD IN CONNECTION WITH EFFORTS TO REPAIR GENERAL ANTONIO MACEO STATUE. 4. CONSENT AGENDA 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 6/9/88 M 88-486 6/9/88 1-3 M 88-487 4-5 6/9/88 5-6 6/9/88 ALLOCATE $4,500 TO ACQUIRE A PORTABLE R 88-488 16 MM MICROFILM MACHINE FOR POLICE 6/9/88 DEPARTMENT. AUTHORIZE PURCHASE OF TWO SCOTSMAN ICE R 88-489 FLAKERS MACHINES FROM SALOMON 6/9/88 REFRIGERATION FOR DEPARTMENT OF SOLID WASTE. ACCEPT BID: DOTHAN SECURITY, INC. - FOR R 88-490 FURNISHING SECURITY GUARD SERVICES TO 6/9/88 DEPARTMENT OF COMMUNITY DEVELOPMENT. ACCEPT BID: ALISON COMPANY - FOR R 88-491 FURNISHING VEHICLE DECALS AND 6/9/88 INSTALLATION OF DECALS TO POLICE VEHICLES FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/MOTOR POOL DIVISION. ACCEPT BID: BROWARD ELEVATOR SALES AND R 88-492 SERVICE - FOR FURNISHING ELEVATOR 6/9/88 MAINTENANCE TO DEPARTMENT OF GENERAL SERVICES ADMINISTRATION. ACCEPT BID: WEATHERTROL MAINTENANCE R 88-493 CORPORATION - FOR FURNISHING AIR 6/9/88 CONDITION MAINTENANCE SERVICES TO DON HICKMAN ADMINISTRATION BUILDING. ACCEPT BID: DOWNTOWN RADIATOR SERVICES, R 88-494 INC. AND LATIN AUTO GLASS, INC. - FOR 6/9/88 FURNISHING RADIATORS AND GLASS REPAIRS FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/FLEET MANAGEMENT DIVISION. ACCEPT BID: FEDAN TIRE CO. - FOR R 88-495 FURNISHING TIRE RECAPPING SERVICES TO 6/9/88 DEPARTMENT OF GENERAL SERVICES ADMINISTRATION. 0 `] 7 7 7-8 8 8 0 4.9 ACCEPT BID: PITNEY BOWLS, INC. - FOR R 88-496 9 FURNISHING ONE ELECTRONIC MAIL 6/9/88 PROCESSING SYSTEM FOR USE AT CITY'S MAILROOM. 4.10 ACCEPT BID: QUALITY FIBERGLASS R 88-497 9 PRODUCTS, INC. - FOR FURNISHING 250 6/9/88 DOCK LOCK BOXES FOR THE DINNER KEY MARINA - PIER CONSTRUCTION PROJECT FOR DEPARTMENT OF PUBLIC WORKS. 4.11 ACCEPT BIDS: STOCKLAND COMPANY AND L.P. R 88-498 10 INDUSTRIES, INC. - FOR FURNISHING TRASH 6/9/88 RECEIVERS AND CONTAINERS FOR DINNER KEY MARINA - PIER CONSTRUCTION PROJECT. 4.12 ACCEPT BIDS: ALLIED UNIVERSAL R 88-499 10 CORPORATION AND ASHLAND CHEMICAL 6/9/88 COMPANY - FOR FURNISHING SWIMMING POOL CHEMICALS FOR DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES. 4.13 ACCEPT BID: TRS, INC. D/B/A SECOA - FOR R 88-500 10 FURNISHING 12 ACOUSTICAL ENCLOSURE 6/9/88 UNITS TO BE USED AT BAYFRONT PARK AMPHITHEATER FOR DEPARTMENT OF PUBLIC WORKS. 4.14 ACCEPT BID: MIAMI STAGECRAFT, INC. - R 88-501 11 FOR FURNISHING PORTABLE DANCE FLOOR FOR 6/9/88 BAYFRONT PARK AMPHITHEATER FOR DEPARTMENT OF PUBLIC WORKS. 4.15 EXECUTE INDIVIDUAL CONTRACTUAL R 88-502 11 AGREEMENTS WITH 13 NEIGHBORHOOD 6/9/88 ECONOMIC DEVELOPMENT ORGANIZATIONS - FOR CONTINUED IMPLEMENTATION OF ECONOMIC DEVELOPMENT PROGRAMS. 4.16 EXECUTE AGREEMENT WITH NATIONAL CENTER R 88-503 11 FOR MUNICIPAL DEVELOPMENT, INC. TO 6/9/88 CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON, D.C. BY MR. MARK ISRAEL. 4.17 AUTHORIZE EXTENSION OF AGREEMENTS: (A) R 88-504 12 MANUEL G. VERA & ASSOCIATES, INC., (B) 6/9/88 WEIDENER SURVEYING AND MAPPING P.A., (C) E.R. BROWNELL & ASSOCIATES, INC., (D) H.J. ROSS & ASSOCIATES, AND (E) FERNANDO Z. GATELL P.L.S., INC. - IN CONNECTION WITH CITY CONTRACTED CONSTRUCTION PROJECTS. 4.18 RESCIND RESOLUTION 88-292 - ENTER INTO R 88-505 12 AGREEMENT WITH ENVIROCARE, INC. - TO 6/9/88 PROVIDE EMERGENCY ENVIRONMENTAL SERVICES IN CONNECTION WITH GROUNDWATER CONTAMINATION PROBLEM AT THE SOUTH DISTRICT (LITTLE HAVANA) POLICE SUBSTATION. 4.19 GRANT $30,000 TO CITY OF MIAMI YOUTH R 88-506 12 BASEBALL ACADEMIES, INC. - IN SUPPORT 6/9/88 OF THE 7TH ANNUAL YOUTH BASEBALL WORLD SERIES. 4.20 APPROVE COST SHARING CONTRACT WITH THE R 88-507 13 SOUTH FLORIDA WATER MANAGEMENT 6/9/88 DISTRICT - FOR RETROFITTING STORM WATER BASINS WITHIN THE CITY. 4.21 ISSUE REVOCABLE PERMIT TO CATHOLIC R 88-508 13 COMMUNITY SERVICES, INC., IMMIGRATION 6/9/88 SERVICES - FOR USE OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER TO PROVIDE COUNSELING AND LEGAL ADVICE ON IMMIGRATION PROCEDURES. 4.22 APPROVE AND ADOPT THE CITY OF MIAMI R 88-509 13 COMPREHENSIVE ANNUAL REPORT FOR FISCAL 6/9/88 YEAR ENDING SEPTEMBER 30, 1987. 4.23 APPROVE ONE YEAR EXTENSION OF R 88-510 14 EMPLOYMENT PAST THE AGE OF 71 FOR 6/9/88 EVELIO RIZO. 4.24 ACCEPT COMPLETED WORK: RIC-MAN R 88-511 INTERNATIONAL, INC. - FOR CITYWIDE 6/9/88 SANITARY SEWER REPLACEMENT PROJECT CIP PROJECT NO. 351170. 4.25 ACCEPT COMPLETED WORK: MAN CON, INC. - R 88-512 FOR OVERTOWN/PARK WEST SANITARY SEWER 6/9/88 REPLACEMENT CIP PROJECT NO. 351280. 4.26 AUTHORIZE ACCEPTANCE OF 65 DEEDS OF R 88-513 DEDICATION FOR HIGHWAY PURPOSES. 6/9/88 4.27 DECLARE IMPROVEMENTS ON 1.5-ACRE CITY- R 88-514 OWNED WATERFRONT PARCEL AS A UDP - 6/9/88 AUTHORIZE RFP FOR A UDP - SET PUBLIC HEARING FOR SEPTEMBER 6, 1988 - IN CONNECTION WITH DEVELOPMENT OF A NON- PROFIT OLYMPIC SAILING AND TRAINING CENTER TO BE LOCATED AT THE SOUTHEASTERLY PORTION OF DAVID KENNEDY PARK (SEE LABELS 16 AND 62). 4.28 AUTHORIZE STREET CLOSURE AND R 88-515 ESTABLISHMENT OF PEDESTRIAN MALL 6/9/88 CONCERNING GRAND OPENING OF FIRE HOUSE 4 AND A CHARITY EVENT TO BENEFIT JACKSON MEMORIAL HOSPITAL BURN CENTER. 4.29 ACCEPT FINANCIAL REPORT FROM THE R 88-516 FLORIDA INTERAMERICAN SCHOLARSHIP 6/9/88 FOUNDATION REGARDING CITY'S GRANT IN SUPPORT OF JIMMY BUFFET BENEFIT CONCERT. 5. DEFER CONSIDERATION OF ACCEPTANCE OF A M 88-517 PROPOSAL MADE BY U.S. IMPRESSION, INC. 6/9/88 TO PUBLISH A FREE ECONOMIC PROFILE OF THE CITY - DIRECT MANAGER TO ATTEMPT TO IDENTIFY A LOCAL FIRM TO PERFORM SAID SERVICES. 6. PURCHASE THREE PUMPER APPARATUS, ONE R 88-518 QUINT APPARATUS, RELATED FIREFIGHTING 6/9/88 TOOLS AND EQUIPMENT FROM YOUNG TECHNOLOGIES GROUP, INC. FOR DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES ($1,168,156.70). 14 14 14 15 15 16 16-18 18-19 7. BR1EF CLARIFICATION ON HOW ITEM 10 DISCUSSION 19=20 (PURCHASE OF RADIATORS AND GLASS 6/9/88 REPAIRS FROM DOWNTOWN RADIATOR SERVICES AND LATIN AUTO GLASS) WAS MODIFIED BY CITY ATTORNEY'S MEMORANDUM. (SEE LABEL 4) 8. BRIEF DISCUSSION AND WITHDRAWAL OF DISCUSSION 20-21 PROPOSED RESOLUTION ACCEPTING BID OF B 6/9/88 & F MARINE, INC. - TO FURNISH FOUR OUTBOARD MOTORS TO DEPARTMENT OF GENERAL SERVICES ADMINISTRATION. 9. ACCEPT BID: MC LAUGHLIN GROUP FOR R 88-519 21-22 FURNISHING 1,200 CLEATS FOR DINNER KEY 6/9/88 MARINA - PIER CONSTRUCTION PROJECT FOR DEPARTMENT OF PUBLIC WORKS. 10. BRIEF DISCUSSION AND DEFERRAL OF DISCUSSION 23-25 PROPOSED EXECUTION OF INDIVIDUAL 6/9/88 AGREEMENTS WITH (A) LITTLE HAVANA DEVELOPMENT AUTHORITY, INC., AND (B) SMALL BUSINESS OPPORTUNITY CENTER, INC. - FOR IMPLEMENTATION OF A COMMERCIAL FACADE PROGRAM. 11. EXECUTE AGREEMENT WITH SAN-AI-KAI, R 88-520 25-28 RICOH SANAI GROUP - FOR THEIR $330,000 6/9/88 CONTRIBUTION FOR THE RENOVATION OF THE CITY'S JAPANESE GARDEN. 12. SET SPECIAL USE FEE AND EXECUTE USE R 88-521 28-30 AGREEMENT WITH FEDERACION DEPORTIVA 6/9/88 NICARAGUENSE, INC. FOR USE OF BOBBY MADURO MIAMI BASEBALL STADIUM FOR PRESENTATION OF 60 AMATEUR BASEBALL GAMES THROUGH DECEMBER OF 1988. 13. REFER TO CITY MANAGER ISSUES PRESENTED M 88-522 31-58 IN CONNECTION WITH PHASE II 6/9/88 IMPROVEMENTS TO THE ORANGE BOWL - FURTHER REQUESTING HIS RECOMMENDATIONS BY THE MEETING OF JULY 28, 1988. 14. DEFER AGENDA ITEMS 39 THROUGH 45 M 88-523 59-60 (PROPOSED DESIGN SERVICES FOR INNER- 6/9/88 CITY PARKS) TO THE MEETING OF JUNE 23, 1988 - REQUEST MANAGER'S INTERPRETATION OF THE CRITERIA USED IN SELECTION OF MOST QUALIFIED FIRMS. 15. ORDERING RESOLUTION: LAWRENCE WATERWAY R 88-524 60-63 HIGHWAY IMPROVEMENT (DISTRICT H-4536) - 6/9/88 DESIGNATE PROPERTY FOR SPECIAL ASSESSMENTS. 16. (A) RECONSIDER DECLARATION OF 1.5-ACRE M 88-525 64-65 LOT OF CITY -OWNED WATERFRONT PARCEL AS 6/9/88 UDP (OLYMPIC SAILING CENTER) (B) TEMPORARILY TABLE ABOVE ISSUE UNTIL LATER THIS SAME DATE (SEE LABELS 4.27 AND 62). 17. EMERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE 66 SPECIAL REVENUE FUND ENTITLED "OFFICER 10442 JAMES HAYDEN REWARD FUND" ($50,000). 6/9/88 18: AUTHORIZE PAYMENT OF $500000 TO R 88-526 INDIVIDUALS FURNISHING INFORMATION 6/9/88 WHICH LEADS TO THE ARREST, APPREHENSION AND CONVICTION OF THE OFFENDER RESPONSIBLE FOR SHOOTING OFFICER JAMES HAYDEN. 19. EMERGENCY ORDINANCE: AMEND 10347 - ORDINANCE INCREASE APPROPRIATIONS FOR EIGHT 10443 EXISTING PROJECTS: (1) WINONA SANITARY 6/9/88 SEWERS (351169), (2) SOUTH GROVE SANITARY SEWERS (351174), (3) CITYWIDE SANITARY SEWER REPLACEMENT - FY 187 (351275), (4) NW 36TH STREET SANITARY SEWER IMPROVEMENT (351276, (5) LAWRENCE PUMP STATION -BAR SCREEN (352184), (6) CITYWIDE STORM DRAINAGE MASTER PLAN (352250), (7) PUMP STATION RENOVATIONS - FY '88 (352254), AND (8) LOCAL DRAINAGE PROJECTS - FY '88 (352251). 20. SECOND READING ORDINANCE: REPEAL ORDINANCE 10368 - APPROPRIATE FUNDS TRANSFERRED 10444 FROM VARIOUS SOURCES AND ALLOCATE AS 6/9/88 BUDGET FUNDS IN THE 12TH YEAR CITYWIDE DEMOLITION OF SUBSTANDARD BUILDING PROJECT. 21. (A) PRESENTATION BY MAJORITY LEADER, DISCUSSION RON SILVER, OF THE CITY'S TALLAHASSEE R 88-527 INITIATIVE LEGISLATIVE UPDATE. (B) 6/9/88 EXPRESS THE COMMISSION'S SUPPORT OF THE INITIATIVE ON STRICTER HANDGUN CONTROL BEING CONDUCTED BY REPRESENTATIVE RON SILVER SOON TO BECOME PART OF A STATEWIDE REFERENDUM. 22. PRESENTATION IN CONNECTION WITH THE PRESENTED LOCAL POINCIANA FESTIVAL. 6/9/88 23. REFER TO CITY MANAGER FUNDING REQUEST M 88-528 RECEIVED FROM ASSAULT BRIGADE 2506 6/9/88 INCLUDING PROPOSED LIBRARY - CITY MANAGER TO REPORT BACK. 24. A- DISCUSSION CONCERNING PROPOSED DISCUSSION FIRST READING ORDINANCE TO 6/9/88 INCREASE APPROPRIATIONS TO THE NORTH DISTRICT POLICE SUBSTATION AND TO THE SOUTH DISTRICT POLICE SUBSTATION. B- DISCUSSION REGARDING STATUS OF THE LATIN QUARTER PROJECT. 25. APPROVE ESTABLISHMENT OF A HOME R 88-529 PURCHASE FINANCING LOAN POOL, 6/9/88 ALLOCATING $1.5 MILLION OF INTEREST INCOME FROM 1976 G.O. HOUSING BOND TO FUND IT. 26. CONTINUE CONSIDERATION OF PROPOSED M 88-530 FIRST READING ORDINANCE TO INCREASE 6/9/88 APPROPRIATIONS FOR TWO EXISTING PROJECTS ("SILVER BLUFF STREET IMPROVEMENTS" AND "BUENA VISTA STREET IMPROVEMENTS - PHASE III") UNTIL THE CITY CAN IMPLEMENT A PUBLIC EDUCATION PROGRAM TO ENSURE CITIZENRY SUPPORT OF THE PROJECT. 67 67-68 69 70-71 71 71-72 72-85 85-88 89-92 0 0 27. FIRST READING ORDINANCE: AMEND CODE TO ORDINANCE 93=94 ALLOW FOR THE ADDITION AND REMOVAL OF FIRST READING CERTAIN POSITIONS WHICH ARE 6/9/88 CONDITIONALLY ALLOWED TO REJECT MEMBERSHIP IN THE GENERAL EMPLOYEES AND SANITATION EMPLOYEES RETIREMENT TRUST, ETC, 28. INSTRUCT CITY ATTORNEY TO PREPARE M 88-531 95 LEGISLATION REGARDING PROPOSED 6/9/88 EXPANSION OF MIAMI SPORTS AND EXHIBITION AUTHORITY. 29. FIRST READING ORDINANCE: CREATE THE ORDINANCE 96-100 MIAMI WATERFRONT ADVISORY BOARD - FIRST READING DESIGNATE MEMBERSHIP, PURPOSES, ETC. 6/9/88 30. A -DISCUSSION OF PROPOSED CHARTER DISCUSSION AMENDMENT NO. 2 - EXPANDING 6/9/88 MEMBERSHIP OF THE OFF-STREET PARKING AUTHORITY - FURTHER PROVIDING FOR STAGGERED TERMS. (SEE LABEL 35) B-APPROVE DRAFT OF PROPOSED CHARTER AMENDMENT NO. 3 - CITY ATTORNEY TO SERVE AS COUNSEL FOR THE OFF-STREET PARKING AUTHORITY. (SEE LABEL 35) 31. A - LINE ITEM TRANSFERS IN OFF-STREET M 88-532 PARKING BUDGET MUST FIRST BE APPROVED FIRST READING BY COMMISSION. B - FIRST READING 6/9/88 ORDINANCE: AMEND CODE SECTIONS 35-91 THROUGH 35-93 AND 53-161(3) - ESTABLISH RATES ON CERTAIN ON -STREET PARKING METERS AND CERTAIN OFF-STREET LOTS - ESTABLISH RATES AT MUNICIPAL PARKING GARAGES, WITH PROVISO. 32. APPROVE AND ADOPT DEPARTMENT OF OFF- R 88-533 STREET PARKING FIVE-YEAR STRATEGIC AND 6/9/88 FINANCIAL OPERATIONS PLAN. 33. DEFER PROPOSED ADOPTION OF THE ANNUAL DISCUSSION BUDGET OF THE DEPARTMENT OF OFF-STREET 6/9/88 PARKING (FISCAL YEAR 1988/89). 34. A. DEFER ADOPTION OF DEPARTMENT OF OFF- DISCUSSION STREET PARKING ANNUAL BUDGET (FISCAL 6/9/88 YEAR 1988/89) FOR OPERATION OF GUSMAN CENTER AND OLYMPIA BUILDING. B. DEFER ADOPTION OF ANNUAL BUDGET FOR OPERATION OF WORLD TRADE CENTER GARAGE (FISCAL YEAR 1988/89). C. DEFER ADOPTION OF ANNUAL BUDGET FOR OPERATION OF DOWNTOWN GOVERNMENT CENTER GARAGE (FISCAL YEAR 1988/89). 35. A. CLARIFYING VOTE IN CONNECTION WITH R 88-534 PRIOR ACTION APPROVING CHARTER R-88-535 AMENDMENT NO. 2. 6/9/88 B. CLARIFYING VOTE IN CONNECTION WITH PRIOR ACTION APPROVING CHARTER AMENDMENT NO. 4 (SEE LABEL 30). 100-112 112-130 131 131-132 132 133-136 • a 36. CONDITIONALLY APPROVE IN=FIND SERVICES M 88-536 136-139 AND FEE WAIVER FOR USE OF CONVENTION 6/9/88 CENTER IN CONNECTION WITH SECOND NATIONAL YOUTH CRIME PREVENTION CONFERENCE, SUBJECT TO FUNDS BEING IDENTIFIED THROUGH THE LAW ENFORCEMENT TRUST FUND. 37, INSTRUCT CITY ATTORNEY TO PREPARE M 88-537 139-140 LEGISLATION FOR PROPOSED G.O. BOND 6/9/88 REFERENDUM IN CONNECTION WITH CONSTRUCTION OF A NEW BASEBALL STADIUM. 38. ALLOCATE $21,804 TO CAREY TECHNICAL R 88-538 140 INSTITUTE, INC. FOR PURPOSES OF 6/9/88 PROVIDING A JOB DEVELOPMENT/PLACEMENT PROJECT FOR CITY RESIDENTS. 39. ALLOCATE $1,694,550 OF C.D. BLOCK GRANT R 88-539 141 FUNDS (FOURTEENTH YEAR) AND $5,000 C.D. 6/9/88 BLOCK GRANT FUNDS (THIRTEENTH YEAR) TO VARIOUS SOCIAL SERVICE AGENCIES FOR APPROVED SOCIAL SERVICE PROJECTS. 40. AUTHORIZE ISSUANCE OF REQUEST FOR R 88-540 141-142 QUALIFICATIONS - IN CONNECTION WITH 6/9/88 PROPOSED DEVELOPMENT OF AN APPROXIMATELY 250,000 SQ. FT. BUILDING TO BE OCCUPIED BY THE U.S. ATTORNEY'S OFFICE AND OTHER U.S. LAW ENFORCEMENT AGENCIES. 41. APPROVE DRAFT OF PROPOSED CHARTER R 88-541 142-143 AMENDMENT (CHARTER AMENDMENT NO. 1) TO 6/9/88 PROVIDE FOR A FOUR-YEAR TERM OF OFFICE FOR THE ELECTED MAYOR OF THE CITY OF MIAMI COMMENCING NOVEMBER 1989 - SPECIAL ELECTION TO BE HELD SEPTEMBER 6, 1988. 42. APPROVE ESCROW AGREEMENT BY AND BETWEEN R 88-542 143-156 SWIRE PACIFIC HOLDINGS, INC., 6/9/88 VIZCATRAN, LTD., OCEAN BANK OF MIAMI, AND THE CITY OF MIAMI IN CONNECTION WITH PROPOSED DEVELOPMENT OF AN ELDERLY -HANDICAPPED HOUSING PROJECT. 43. ALLOCATE $8,000 TO THE WYNWOOD GROUP M 88-543 156-160 (INGRID GRAD) AND $8,000 TO THE 6/9/88 SOUTHWEST SOCIAL SERVICES PROGRAM (ORLANDO URRA'S GROUP). 44. APPOINTMENTS TO AFFIRMATIVE ACTION R 88-544 160-161 ADVISORY BOARD (APPOINTED WERE: JOE 6/9/88 BOLANOS AND LORI WELDON). 45. APPOINTMENTS TO THE INTERNATIONAL TRADE R 88-546 161-162 BOARD (APPOINTED WERE: STUART SORG, 6/9/88 WILLIAM MESSETT AND WILLIAM ALEXANDER). 46. DISCUSSION CONCERNING PROPOSED DISCUSSION 162-163 APPOINTMENT OF AN INDIVIDUAL TO SERVE 6/9/88 AS A MEMBER OF THE PLANNING ADVISORY BOARD. 47. APPOINT CERTAIN INDIVIDUALS TO THE M 88-547 163-165 LATIN QUARTER REVIEW BOARD (APPOINTED M 88-548 WERE: (A) RAUL HERNANDEZ, AND (B) 6/9/88 HECTOR GASCA). 48. AUTHORIZE ISSUANCE OF AN REP FOR R 88-549 165-166 PROFESSIONAL SERVICES = CONSULTANT 6/9/88 SUPPORT FOR CITY OF MIAMI VISIONS 2000 COMMITTEE: 49: ACCEPT COMPLETED WORK: M. VILA AND R 88-550 166=167 ASSOCIATES, INC. - FOR BUENA VISTA 6/9/88 HIGHWAY IMPROVEMENT - PHASE II (BID "B") = CIP PROJECT NO. 341108. 50. RATIFY MANAGER'S FINDING OF SOLE R 88-551 167-169 SOURCE - WAIVE COMPETITIVE SEALED 6/9/88 BIDS - APPROVE ACQUISITION OF SERVICE FOR DIGITAL ASSEMBLIES OF PORTABLE UNITS FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. 51. RATIFY MANAGER'S FINDING OF SOLE R 88-552 169 SOURCE - WAIVE COMPETITIVE SEALED 6/9/88 BIDS - APPROVE ACQUISITION OF FIXED SITE DIGITAL ASSEMBLIES FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. 52. INCREASE IN CONTRACT WITH MARINA POWER R 88-553 170-171 COMPANY FOR ELECTRIC METERS AT DINNER 6/9/88 KEY MARINA. 53. WAIVE CODE PROHIBITION AS IT APPLIES TO R 88-554 171-173 THE MIAMI SPORTS AND EXHIBITION 6/9/88 AUTHORITY AGREEMENT WITH HOLLAND AND KNIGHT TO RETAIN CHRISTOPHER KORGE. 54. STIPULATION BY CITY COMMISSION THAT M 88-555 174-188 PROPERTIES SOUTH OF THE EXPRESSWAY BE 6/9/88 EXCLUDED FROM PRESENTLY INSTITUTED BOUNDARIES OF THE DESIGN DISTRICT IN CONNECTION WITH PROPOSED LEVYING OF A SPECIAL ASSESSMENT. 55. RESCHEDULE PUBLIC HEARING TO TAKE R 88-556 189 TESTIMONY REGARDING A UNIFIED 6/9/88 DEVELOPMENT REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF DESTINATION RESORT FACILITIES ON CITY -OWNED WATERFRONT LAND ON VIRGINIA KEY (NORRIS CUT FILL SITE). 56. BRIEF COMMENTS BY PAUL ANGELO - DISCUSSION 190-193 REPORTING ON HIS WORK IN THE AREA OF 6/9/88 NAVAL AFFAIRS. 57. APPOINTMENTS TO THE COMMISSION ON THE R 88-557 193-196 STATUS OF WOMEN (APPOINTED WERE : ANITA 6/9/88 RAFKY, LUISA M. GARCIA TOLEDO AND CONCHY TRELLES BRETOS). 58. SUPPORT METRO-DADE COUNTY'S DECISION TO R 88-558 196-197 CO -DESIGNATE N.W. 7TH STREET FROM N.W. 6/9/88 57TH AND 12TH AVENUES AS "LUIS SABINES WAY". 59. REFER TO CITY MANAGER REQUEST FROM THE M 88-559 197-200 VETERANS COUNCIL OF DADE COUNTY, INC. 6/9/88 FOR A VETERANS WAR MEMORIAL TO BE BUILT IN BAYFRONT PARK. Lo 60. DIRECT CITY MANAGER TO ASSIST OFFICER M 88-560 200-200 DAVE DONALSON AND MS. JANICE HALL IN 6/9/88 FINDING AN APPROPRIATE USE FOR THEIR PROPERTY AT 202 NW 20 TERRACE TO REDUCE THEIR LOSS FROM NOT BEING ABLE TO RUN A LIQUOR LOUNGE. 61. ALLOCATE $4,000 TO PROVIDE SCHOLARSHIPS R 88-561 210=215 IN SUPPORT OF THE 1988 SUMMER 6/9/88 RECREATION PROGRAM (SUMMER CAMPS), WITH PROVISOS. 62. DECLARING THAT THE MOST ADVANTAGEOUS R 88-562 216-217 METHOD TO DEVELOP IMPROVEMENTS ON CITY- 6/9/88 OWNED WATERFRONT PARCEL IS BY UDP - AUTHORIZE PREPARATION OF RFP FOR DEVELOPMENT OF A NOT -FOR -PROFIT OLYMPIC SAILING AND TRAINING CENTER AT KENNEDY PARK (SEE LABELS 4.27 AND 16). 63. DISCUSSION CONCERNING REPORT ON THE DISCUSSION 217-226 YOUTH GANGS SITUATION. 6/9/88 64. ALLOCATE $15,000 FOR RENTAL OF MIAMI R 88-563 226-228 MARINE STADIUM IN CONNECTION WITH THE 6/9/88 POPS -BY -THE -BAY CONCERT SERIES. 65. ALLOCATE $250,000 FOR THE REBUILDING R 88-564 229-230 AND IMPROVEMENT OF THE RAILROAD 6/9/88 CROSSING AT NW 1ST AVENUE AND NW 8TH STREET - URGE METRO-DADE COUNTY TO EXPEDITE REIMBURSEMENT IN ORDER THAT THE LAND SALE AGREEMENT FOR THE PORT BRIDGE MAY BE EXECUTED. 66. ACCEPT BIDS: JUELLE, INC. AND TREE R 88-565 230 MASTERS, INC. - FOR FURNISHING 6/9/88 DEMOLITION SERVICES FOR THE DEPARTMENT OF BUILDING AND ZONING. 67. DISCUSSION CONCERNING REQUEST FROM THE DISCUSSION 231-233 JAMAICA AWARENESS REGGAE FESTIVAL FOR 6/9/88 ASSISTANCE IN CONNECTION WITH THEIR UPCOMING FESTIVAL. 68. DIRECT CITY MANAGER TO COMMENCE THE M 88-566 234-240 PROCESS TO HAVE THE D.A. DORSEY LIBRARY 6/9/88 DECLARED A HISTORICAL SITE. 69. DIRECT CITY MANAGER TO STOP DEMOLITION M 88-567 240-244 ORDER FOR THE DORSEY HOUSE FOR 180 6/9/88 DAYS - AND TO ENSURE NO ACCESS TO SAID PROPERTY. 70. ACCEPT COMPLETED WORK: OCEAN BAY R 88-568 244-245 CONSTRUCTION, INC. - FOR FORT DALLAS 6/9/88 PARK PLAZA - PHASE II - 1986. 71. APPROVE IN PRINCIPLE THE ALLAPATTAH R 88-569 245 BUSINESS DEVELOPMENT AUTHORITY TO 6/9/88 UNDERTAKE DEVELOPMENT OF MEDIUM DENSITY RESIDENTIAL DEVELOPMENT ON FERN ISLE NURSERY SITE. 72. DIRECTION TO INSTRUCT DIRECTOR OF DISCUSSION 246 COMMUNITY DEVELOPMENT TO RESTORE FUNDS 6/9/88 TO THE ALLAPATTAH GROUP. 73, BRIEF COMMENTS BY CITY ATTORNEY IN DISCUSSION 246 CONNECTION WITH THE MIAMARINA LAWSUIT. 6/9/88 744 AtbkOV9 fN pR'MCtttt HISS OV TVO ACRkS OP SRN ISU NUASkRy SITE ty THg MtWtCIPAL `TRUST ptMn nk nudM ir., ,,,k IPA MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 9th day of June, 1988, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 5500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:08 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez ABSENT: Commmissioner Victor De Yurre ALSO PRESENT: Cesar Odio, City Manager Jorge L. Fernandez, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez. Vice Mayor Kennedy then led those present in a pledge of allegiance to the flag. Mayor Suarez recognized and welcomed the students from Biscayne Gardens Elementary School. 1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. 1. Commendation awarded to Ms. Mary Smith, Communications Operator, City of Miami Fire Department, whose quick thinking and skillful telephone techniques saved the life of an infant in a child day care center. NOTE FOR THE RECORD: COMMISSIONER DE YURRE ENTERED THE COMMISSION MEETING AT 9:11 A.M. 2. Certificate of Appreciation to Sid Sussman and Nick Coffin for their corporate participation in the Bayfront Park Amphitheater inauguration in April and their subsequent contributions to the City of Miami Parks & Recreation Department, Division of the Handicapped. 3. Mr. Seth Gordon presented video highlights of last year's Miami Film Festival. 2. DISCUSS AND REQUEST CITY MANAGER'S RECOMMENDATIONS AND FULL REPORT REGARDING ALLEGED LEASE VIOLATIONS BY THE CUBAN NATIONAL MUSEUM. Mayor Suarez: Commissioner Dawkins wanted to have a report back - really all of us wanted to have a report back. Is Commissioner Dawkins close to here? He's back there. On the issue of the Cuban museum, Mr. Manager, are you ready to make a report on that? Mr. Odio: Yes, sir. We did - I think you found in your offices this morning a memorandum from me about the Cuban museum lease. Do you want me to put it on the record or is it sufficient to... well, based upon the information provided by the Cuban museum, we found that they have not violated the provisions of the lease because section 10, which is titled, alterations by lessee, states that the lessee shall have the right to remove any movable 1 June 9, 1988 personal property that is art work or fixtures that it places on the premises. However, the Cuban museum may have violated section 4, which is called "use" of the agreement by selling the art objects. This section states the Cuban museum must provide art classes and cultural lectures for adults and children. Therefore, sufficient art work should be available for these activities. If a determination can be made concerning the unavailability of art work for classes, these matters should be referred to the law department for an opinion and I have referred that to the... we have also sent - we will be reviewing all the Cuban museum financial records to determine if the proceeds from the auction were used for the benefit of the museum. To date, the department of internal audits and review has learned the auction is a fund raising project and the art work auction was on consignment to the museum. Therefore, the museum would only retain a percentage of the sale price. The City Attorney has agreed to contact the U.S. Attorney for a legal opinion concerning the possibility of the museum violating the trade embargo act and jeopardizing its non profit status. We have sent a letter that I signed this morning to Leon Kellner, U.S. Attorney, requesting all records. We have also sent a letter to the chairman, or the president of the Cuban Museum of Arts and Culture in which we notified them what this section 4 of the lease states so that in the future, they understand clearly what the lease says and there won't be any violations. Mr. Dawkins: Mr. Manager, when will all of this that we asked you to do be completed such as your audit, the letter back from the U.S. Attorney and, etc. so that we can bring this thing to closure? Mr. Odio: We are going through the records this morning. I expect two weeks would be sufficient to conclude the financial records part of it, I don't know what kind of cooperation we'll get from the U.S. Attorney's Office and the law department. Mayor Suarez: Better be ready for the 23rd. Mr. Dawkins: All right, look, this is a pocket item, there are individuals in the community who do not know about it who need to be here to discuss it and, in my opinion, it doesn't make sense for us to go through something and have to rehash it. So I would move, Mr. Mayor, that at the meeting on the 23rd, that the Manager be prepared to come before us with a full report and a recommendation that we can act on. Mayor Suarez: So moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Not to in any way go against the motion but, in fact, along the same lines, it seems from the memo from the Manager that there's at least, if not a violation of the lease, some indication that the museum is really not doing in many ways what they should have been doing according to the agreement with the City in that they seems to spend all their time selling works or art and not necessarily having the art classes and having the works of art available for the general public. I happen to have been there a couple of times because, as you know, we helped in the fund raising and it doesn't seem to be any permanent exhibition there and all of the purposes of a museum, as we think of it, you know, don't seem to be fulfilled. Instead, we have these money making activities and somebody, you know, whether it's a violation of the lease or not, ought to let them know that that was the premise on which we gave that lease as I remember it. That a museum is a museum to exhibit works of art and somebody ought to tell them to redirect their activities towards that purpose whether it's a violation of the lease or not. Let me go ahead and take a vote on the motion unless some other Commissioner wants to make a statement. Call the roll on the motion, Madam City Clerk - Mr. City Clerk. 2 June 9, 1988 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 88-486 A MOTION INSTRUCTING THE CITY MANAGER TO PREPARE AND BRING BACK BEFORE THE CITY COMMISSION AT THE PLANNING AND ZONING MEETING SCHEDULED FOR JUNE 23, 1988, A FULL REPORT, INCLUDING HIS RECOMMENDATIONS, IN CONNECTION WITH ALLEGED LEASE VIOLATIONS BY THE CUBAN NATIONAL MUSEUM, FOR CONSIDERATION BY THE CITY COMMISSION. 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: Miss Ruiz. Ms. Margarita Ruiz: Mr. Mayor and the City Commissioners, we would like to ask that once this investigation begins that we get ourselves contacted, the people that resigned from the museum, because we have a lot of information and at no point during this past month have any of us been contacted as to what is going on... Mayor Suarez: OK, why don't... Ms. Ruiz: ... or what it is that we know, there have been serious conflicts of interest. Mayor Suarez: Why don't you be, since you're as active as any of them, be the liaison with the City since you've come here to make this presentation and Mr. City Manager and Dr. Daniels, make sure that Margarita is contacted and given copies of all of the materials without having to constantly ask for them. Ms. Ruiz: We also have attorneys, Raul del Portillo and Mzria Rita del Portillo are representing our side of the issue. Mayor Suarez: OK, you might give Dr. Daniels then their addresses and names so they can be copied with all the... Mr. Dawkins: Mr. Manager, does anything preclude their being at any quote, unquote public hearings or what have you that we could invite them to so that, as she said, they got some input on, they know what's happening rather than - so that when we come here to the meeting, anything that they've heard that they don't understand is ironed out. Mr. Odio: Yes, we'll be glad to include them in the... Mr. Dawkins: Is that agreeable with you, that when they have the meetings, that they notify you so that you can show up? Ms. Ruiz: Yes, definitely. Yes, sir. Mr. Dawkins: Thank you. Thank you, Mr. Mayor, Ms. Ruiz: Thank you. Mayor Suarez: Thanks to all of you for your appearance here this morning. 3 June 9, 1988 3. URGE COMMISSIONER MILLER DAWKINS TO TAKE THE LEAD IN CONNECTION WITH EFFORTS TO REPAIR GENERAL ANTONIO MACEO STATUE. Mr. Dawkins: I have another one. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: All of us are aware that the Antonio Maceo's statue was destroyed. We also building him a park in his honor and in that park, we're going to have statue so there has been some movement to do another statue. What I would hope that this Commission would assign someone to work with the Maceo Park group so that we will not duplicate expenses instead of if we can repair this and bring it up to a standard then we would repair this and take the money that we are raising to really do something that's memorable and that we could be proud of in his honor. Mr. Odio: Commissioner, I had received two calls. One yesterday from an old brigadier general of Wars of Liberation and they have raised funds to repair the statue, but also I had a call from a Dr. Abrill who says they have enough funds also and I told him to write me a letter with that and what they're all saying is one thing, is they want to keep it in the same place. They would like to keep it in the same place, the statue that was torn down. Mr. Dawkins: Well, I agree with that. Mr. Odio: OK. Mr. Dawkins: Yes, well I agree with that but I'm just saying, let's don't build another one in that place. I'm for, you know, doing whatever we have to do to put that one back to the status that it was, if that's the will of the Commission. Mr. Odio: Yes, sir. Mayor Suarez: I will entertain a motion to have Commissioner Dawkins take the lead on that effort. Mrs. Kennedy: Move it. Mr. Plummer: Second. Mayor Suarez: Second and symbolically, since Maceo had the name Titan de Bronze which, roughly translated, would be the Bronze Titan. We have our own Titan de Bronze on this Commission, it's Commissioner Dawkins who has so kindly offered to get involved in this effort and in a symbolic way come to the rescue of Antonio Maceo and the value that his memory has for this entire community. Moved and seconded. Do we have any discussion from the Commission? Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-487 A MOTION URGING CITY COMMISSIONER MILLER DAWKINS TO TAKE THE INITIATIVE IN CONNECTION WITH MAKING NECESSARY REPAIRS TO THE STATUE OF GENERAL ANTONIO MACEO LOCATED IN JOSE MARTI PARK IN ORDER TO BRING SAID STATUE UP TO PROPER STANDARDS. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: 4 June 9, 1988 AYES: Commissioner Victor be 'Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES. None. ASSENT: None. Mayor Suarez: I understand the first contribution of $1,000 is going to come from Dr. Lago who is with us today and, maybe it's $500 from Dr. Lago and $500 from Dr. Noel Tarafa, I don't know how you guys can split the... Mr. Dawkins: Our guest is leaving, Mr, Mayor. Oh, they're going to stay, OK, they're going to stay... 4. CONSENT AGENDA Mayor Suarez: OK, items one through 47 constitute the consent agenda. Is there any items the Commissioners would like to consider separately and pulled? Mrs. Kennedy: Yes.' Mr. Dawkins: Yes, pull one and four. Mrs. Kennedy: Thirty-nine through 45. Mayor Suarez: Through 45? Mrs. Kennedy: Right. Mayor Suarez: Not and 45? Mrs. Kennedy: No, through. _ Mayor Suarez: I want to remind everyone that Commissioner Plummer.'s got to be absent for part of the day and if you... Mr. Dawkins (OFF MIKE):, He's absent, he's absent now. Mayor Suarez: Thirty nine through 45 are pulled. Mrs. Kennedy: It's all the same related items, so... Mayor Suarez: All right. Any other items that need to be pulled? Is there anyone from the general public that wishes to be heard on any one of these items specifically? Mr. Plummer: Mr. Mayor, even though I'm Peck's bad boy, I would like to pull 12, 14, 25 and 28. Mayor Suarez: Twenty-five and 28? Mr. Plummer: Twelve, 14, 25 and 28. UNIDENTIFIED SPEAKER (OFF MIKE): Ten, 13 and 28, right? UNIDENTIFIED SPEAKER (OFF MIKE): Yes. Mayor Suarez: Item 13. UNIDENTIFIED SPEAKER (OFF MIKE): No, 36., Mayor Suarez: Thirty-six,I'm sorry, OK, Anyone else? Mr. Plummer (OFF MIKE); Twelve, 14, 25 and 28. 5 June 9, 1988 Mayor Suarez: Items 10, 13, and 28 have been modified; i want to make everyone aware of that as per the revisions, presumably not on substantive matters that are before us. Mr. Plummer: Say that again; ten... Mayor Suarez: Thirteen and 28 have minor modifications. If you're interested in 13 you might want to check with the City Attorney as to what those changes are, they may satisfy you. Oh, your's is 36, I'm sorry. Anyone from the general public wish to be heard on these items individually? Let the record reflect that no one has stepped forward. We can, therefore, proceed to a vote on items one through 47 exempting... Mrs. Kennedy (OFF MIKE): Move it. Mr. Dawkins: No, two through 47. I pulled one, Mayor Suarez: Right, exempting 1, 4, 12, 14, 25... Mr. De Yurre: Twenty-two also. Mayor Suarez% Twenty-two, 28, 39 through 45 and 36. Mrs. Kennedy: Move it. Mr. Dawkins: Moved. Mayor Suarez: Seconded. Any discussion? Call the roll. ON MOTION DULY MADE BY VICE MAYOR KENNEDY AND SECONDED BY COMMISSIONER DAWKINS, THE FOLLOWING RESOLUTIONS, AS REVISED ABOVE, WERE APPROVED 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. 4.1 ALLOCATE $4,500 TO ACQUIRE A PORTABLE 16 MM MICROFILM MACHINE FOR POLICE DEPARTMENT. RESOLUTION NO. 88-488 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED FOUR THOUSAND FIVE HUNDRED DOLLARS ($4,500) FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND TO COVER THE COSTS ASSOCIATED WITH THE ACQUISITION OF A PORTABLE 16 MM MICROFILM MACHINE, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6 June 9, 1988 0 17 4.2 AUTHORIZE PURCHASE OF TWO SCOTSMAN ICE FLAKERS MACHINES FROM SALOMON REFRIGERATION FOR DEPARTMENT OF SOLID WASTE. RESOLUTION NO. 88-489 A RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) SCOTSMAN ICE FLAKERS MACHINES FROM SALOMON REFRIGERATION UNDER AN EXISTING STATE OF FLORIDA CONTRACT NO. 740-650-387-1 FOR THE DEPARTMENT OF SOLID WASTE AT A TOTAL PROPOSED COST OF $8,340.98; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT FUND ACCOUNT CODE NO. 353001-329402-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.3 ACCEPT BID: DOTHAN SECURITY, INC. - FOR FURNISHING SECURITY GUARD SERVICES TO DEPARTMENT OF COMMUNITY DEVELOPMENT. RESOLUTION NO. 88-490 A RESOLUTION ACCEPTING THE BID OF DOTHAN SECURITY, INC. FOR FURNISHING SECURITY GUARD SERVICES TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE YEAR PERIODS AT A TOTAL PROPOSED FIRST YEAR COST OF $21,594.00; ALLOCATING FUNDS THEREFOR FROM THE 1987-88 OPERATING BUDGET ACCOUNT NO. 450301-340 ($7,068.00) AND 1988-89 ACCOUNT CODE NO. 450301-340 $14,526.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE AND TO EXTEND THIS CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT THE SAME PRICE, TERMS AND CONDITIONS AND SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.4 ACCEPT BID: ALISON COMPANY - FOR FURNISHING VEHICLE DECALS AND INSTALLATION OF DECALS TO POLICE VEHICLES FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/MOTOR POOL DIVISION. RESOLUTION NO. 88-491 A RESOLUTION ACCEPTING THE BID OF ALISON COMPANY FOR FURNISHING VEHICLE DECALS AND INSTALLATION OF DECALS TO POLICE VEHICLES TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/MOTOR POOL DIVISION ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT A TOTAL PROPOSED FIRST YEAR COST OF $28,925.00; ALLOCATING FUNDS THEREFOR FROM THE 1987-88 OPERATING BUDGET ACCOUNT NO. 420310-850; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE AND MATERIALS AND TO EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME TERMS, CONDITIONS AND PRICES, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.5 ACCEPT BID: BROWARD ELEVATOR SALES AND SERVICE - FOR FURNISHING ELEVATOR MAINTENANCE TO DEPARTMENT OF GENERAL SERVICES ADMINISTRATION. 7 June 9, 1988 i t. RESOLUTION NO. 88-492 A RESOLUTION ACCEPTING THE BID OF BROWARD ELEVATOR SALES & SERVICE FOR FURNISHING ELEVATOR MAINTENANCE TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY AT A TOTAL ESTIMATED FIRST YEAR COST OF $23,640.00; ALLOCATING FUNDS THEREFOR FROM THE 1987- 88 GENERAL SERVICES ADMINISTRATION DEPARTMENT PROPERTY MAINTENANCE DIVISION OPERATING BUDGET ACCOUNT CODE NO. 420401-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.6 ACCEPT BID: WEATHERTROL MAINTENANCE CORPORATION - FOR FURNISHING AIR CONDITION MAINTENANCE SERVICES TO DON HICKMAN ADMINISTRATION BUILDING. RESOLUTION NO. 88-493 A RESOLUTION ACCEPTING THE BID OF WEATHERTROL MAINTENANCE CORPORATION FOR FURNISHING AIR CONDITION MAINTENANCE SERVICES TO THE DON HICKMAN ADMINISTRATION BUILDING TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/PROPERTY MAINTENANCE DIVISION ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS AT A TOTAL ESTIMATED FIRST YEAR COST OF $4,633.20; ALLOCATING FUNDS THEREFOR FROM THE 1987- 88 GENERAL SERVICES ADMINISTRATION DEPARTMENT PROPERTY MAINTENANCE DIVISION OPERATING BUDGET ACCOUNT CODE NO. 420401-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, AND TO EXTEND THIS CONTRACT FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, FOR SUCCEEDING YEARS AND SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) NOTE FOR THE RECORD: R-88-494 was modified per memorandum from City Attorney on file in office of the City Clerk. 4.7 ACCEPT BID: DOWNTOWN RADIATOR SERVICES, INC. AND LATIN AUTO GLASS, INC. - FOR FURNISHING RADIATORS AND GLASS REPAIRS FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/FLEET MANAGEMENT DIVISION. RESOLUTION NO. 88-494 A RESOLUTION ACCEPT THE BIDS OF DOWNTOWN RADIATOR SERVICES, INC. AT A PROPOSED COST OF $4,500.00, AND LATIN AUTO GLASS, INC. AT A PROPOSED COST OF $10,000.00 FOR FURNISHING RADIATORS AND GLASS REPAIRS ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE YEAR PERIOD TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/FLEET MANAGEMENT DIVISION AT A TOTAL PROPOSED FIRST YEAR COST OF $14,500.00; ALLOCATING FUNDS THEREFOR FROM THE 1987088 GENERAL FUND OPERATING BUDGET ACCOUNT CODE NO. 420201-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR T$SE SERVICES AND TO EXTEND THIS CONTRACT FOR ONE (1) ADDITIONAL YEAR UNDER THE SAME TERMS, PRICES AND CONDITIONS AND SUBJECT TO THE AVAILABILITY OF FUNDS. 8 June 9, 1988 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.8 ACCEPT BID: FEDAN TIRE CO. - FOR FURNISHING TIRE RECAPPING SERVICES TO DEPARTMENT OF GENERAL SERVICES ADMINISTRATION. RESOLUTION NO. 88-495 A RESOLUTION ACCEPTING THE BID OF FEDAN TIRE CO. FOR FURNISHING TIRE RECAPPING SERVICES TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO RENEW FOR AN ADDITIONAL ONE YEAR PERIOD AT A TOTAL ESTIMATED FIRST YEAR COST OF $45,000.00; ALLOCATING FUNDS THEREFOR FROM THE 1987-88 OPERATING BUDGET ACCOUNT CODE NO. 420201-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, AND TO EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE YEAR PERIOD, AT THE SAME PRICE, TERMS AND CONDITIONS AND SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) NOTE FOR THE RECORD: R-88-496 was modified per memorandum from City Attorney on file in office of City Clerk. 4.9 ACCEPT BID: PITNEY BOWES, INC. - FOR FURNISHING ONE ELECTRONIC MAIL PROCESSING SYSTEM FOR USE AT CITY'S MAILROOM. RESOLUTION NO. 88-496 A RESOLUTION ACCEPTING THE BID OF PITNEY BOWES, INC. FOR FURNISHING ONE (1) ELECTRONIC MAIL PROCESSING SYSTEM FOR USE AT THE CITY'S MAILROOM FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $12,629.00; ALLOCATING FUNDS THEREFOR FROM THE 1987-88 OPERATING BUDGET ACCOUNT CODE NO. 420501-850; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT; FURTHER APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT A PROTEST RECEIVED IN CONNECTION WITH SAID PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.10 ACCEPT BID: QUALITY FIBERGLASS PRODUCTS, INC. - FOR FURNISHING 250 DOCK LOCK BOXES FOR THE DINNER KEY MARINA - PIER CONSTRUCTION PROJECT FOR DEPARTMENT OF PUBLIC WORKS. RESOLUTION NO. 88-497 A RESOLUTION ACCEPTING THE BID OF QUALITY FIBERGLASS PRODUCTS, INC. FOR THE FURNISHING OF 250 DOCK LOCK BOXES FOR THE DINNER KEY MARINA - PIER CONSTRUCTION PROJECT FOR THE DEPARTMENT OF PUBLIC WORKS AT A TOTAL PROPOSED COST OF $35,000,00; ALLOCATING FUNDS THEREFOR FROM THE DINNER KEY MARINA- RENOVATION/EXPANSION PROJECT ACCOUNT CODE NO. 414005-319302-830; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 9 June 9, 1988 4.11 ACCEPT BIDS: STOCKLAND COMPANY AND L.P. INDUSTRIES, INC. - FOR FURNISHING TRASH RECEIVERS AND CONTAINERS FOR DINNER KEY MARINA - PIER CONSTRUCTION PROJECT. RESOLUTION NO. 88-498 A RESOLUTION ACCEPTING THE BIDS OF THE STOCKLAND COMPANY IN THE AMOUNT OF $32,500.00 AND L.P. INDUSTRIES, INC. IN THE AMOUNT OF $5,864.00 FOR THE FURNISHING OF TRASH RECEIVERS AND CONTAINERS FOR THE DINNER KEY MARINA - PIER CONSTRUCTION PROJECT FOR THE DEPARTMENT OF PUBLIC WORKS AT A TOTAL PROPOSED COST OF $38,364.10; ALLOCATING FUNDS THEREFOR FROM THE DINNER KEY MARINA-RENOVATION/EXPANSION PROJECT ACCOUNT CODE NO. 414005-319302-830; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.12 ACCEPT BIDS: ALLIED UNIVERSAL CORPORATION AND ASHLAND CHEMICAL COMPANY - FOR FURNISHING SWIMMING POOL CHEMICALS FOR DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES. RESOLUTION NO. 88-499 A RESOLUTION ACCEPTING THE BIDS OF ALLIED UNIVERSAL CORPORATION AT A PROPOSED COST OF $47,624.00, AND ASHLAND CHEMICAL COMPANY AT A PROPOSED COST OF $25,315.00 FOR FURNISHING SWIMMING POOL CHEMICALS ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE YEAR PERIOD TO THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES AT A TOTAL PROPOSED COST OF $72,939.00; ALLOCATING FUNDS THEREFOR FROM THE 1987-88 GENERAL FUND OPERATING BUDGET ACCOUNT CODE NO. 580301-704 ($32,777.00) AND 1988-89 OPERATING BUDGET ACCOUNT CODE NO. 580301-704 ($40,162.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE MATERIALS AND TO EXTEND THESE CONTRACTS FOR ONE (1) ADDITIONAL YEAR UNDER THE SAME TERMS, PRICES AND CONDITIONS AND SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.13 ACCEPT BID: TRS, INC. D/B/A SECOA - FOR FURNISHING 12 ACOUSTICAL ENCLOSURE UNITS TO BE USED AT BAYFRONT PARK AMPHITHEATER FOR DEPARTMENT OF PUBLIC WORKS. RESOLUTION NO. 88-500 A RESOLUTION ACCEPTING THE BID OF TRS, INC. D/B/A SECOA FOR THE FURNISHING OF TWELVE (12) ACOUSTICAL ENCLOSURES UNITS TO BE USED AT THE BAYFRONT PARK AMPHITHEATER FOR THE DEPARTMENT OF PUBLIC WORKS AT A TOTAL PROPOSED COST OF $32,460.00; ALLOCATING FUNDS THEREFOR FROM THE BAYFRONT PARK REDEVELOPMENT NORTH END AND AMPHITHEATRE PHASE II C.I.P. ACCOUNT CODE NO. 331301-559303-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 10 June 9, 1988 i 6 4.14 ACCEPT BID: MIAMI STAGECRAFT, INC. - FOR FURNISHING PORTABLE DANCE FLOOR FOR BAYFRONT PARK AMPHITHEATER FOR DEPARTMENT OF PUBLIC WORKS. RESOLUTION NO. 88-501 A RESOLUTION ACCEPTING THE BID OF MIAMI STAGECRAFT, INC. FOR FURNISHING A PORTABLE DANCE FLOOR FOR BAYFRONT PARK AMPHITHEATER FOR THE DEPARTMENT OF PUBLIC WORKS AT A TOTAL PROPOSED COST OF $20,475.00; ALLOCATING FUNDS THEREFOR FROM THE BAYFRONT PARK REDEVELOPMENT NORTH END AND AMPHITHEATER PHASE II C.I.P. ACCOUNT CODE NO. 331302-559303-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.15 EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH 13 NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS - FOR CONTINUED IMPLEMENTATION OF ECONOMIC DEVELOPMENT PROGRAMS. RESOLUTION NO. 88-502 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH THIRTEEN (13) NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS, FOR THE AMOUNTS SPECIFIED FOR EACH, TO CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS, WITH FUNDS ALLOCATED THEREFOR FROM THE FOURTEENTH (14TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.16 EXECUTE AGREEMENT WITH NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. TO CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON, D.C. BY MR. MARK ISRAEL. RESOLUTION NO. 88-503 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC., TO CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON$ D.C. BY MR. MARK ISRAEL; ALLOCATING THEREFOR AN AMOUNT NOT TO EXCEED $25,000 FOR SUCH SERVICES, AND AN AMOUNT NOT TO EXCEED $4,000 FOR REIMBURSABLE EXPENSES FROM THE LEGISLATIVE LIAISON GENERAL FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 11 June 9, 1988 4.17 AUTHORIZE EXTENSION OF AGREEMENTS: (A) MANUEL G. VERA & ASSOCIATES, INC., (B) WEIDENER SURVEYING AND MAPPING P.A., (C) E.R. BROWNELL & ASSOCIATES, INC., (D) H.J. ROSS & ASSOCIATES, AND (E) FERNANDO Z. GATELL P.L.S., INC. - IN CONNECTION WITH CITY CONTRACTED CONSTRUCTION PROJECTS. RESOLUTION NO. 88-504 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AGREEMENTS, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY OF MIAMI AND MANUEL G. VERA & ASSOC., INC., WEIDENER SURVEYING & MAPPING P.A., E.R. BROWNELL & ASSOC., INC., H.J. ROSS & ASSOC., A DIVISION OF BAYMONT ENGINEERING CO., AND FERNANDO Z. GATELL P.L.S., INC., EXTENDING THE CONTRACTS FOR ONE (1) YEAR FROM JANUARY 2, 1989 TO JANUARY 1, 1990 FOR SURVEYING SERVICES IN CONJUNCTION WITH CITY CONTRACTED CONSTRUCTION PROJECTS, WITH FUNDS THEREFOR ALLOCATED FROM THE PROJECT EXPENSE FOR EACH INDIVIDUAL PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.18 RESCIND RESOLUTION 88-292 - ENTER INTO AGREEMENT WITH ENVIROCARE, INC. - TO PROVIDE EMERGENCY ENVIRONMENTAL SERVICES IN CONNECTION WITH GROUNDWATER CONTAMINATION PROBLEM AT THE SOUTH DISTRICT (LITTLE HAVANA) POLICE SUBSTATION. RESOLUTION NO. 88-505 A RESOLUTION RESCINDING RESOLUTION NO. 88-292 AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH ENVIROCARE, INC. TO PROVIDE EMERGENCY ENVIRONMENTAL SERVICES TO BE SUBMITTED AND APPROVED BY THE FLORIDA STATE DEPARTMENT OF ENVIRONMENTAL REGULATION AT CONNECTION WITH THE GROUNDWATER CONTAMINATION PROBLEM DISCOVERED AT THE SOUTH DISTRICT POLICE SUBSTATION SITE AT A TOTAL COST NOT TO EXCEED $20,000 WITH SAID FUNDS TO BE PROVIDED FROM FUNDS APPROPRIATED TO THE SOUTH DISTRICT POLICE SUBSTATION CIP PROJECT NO. 312008 AND SAID PROJECT TO BE REIMBURSED LATER IF AND WHEN FUNDS ARE RECEIVED FROM THE STATE OF FLORIDA UNDER THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE ACT OF 1986 (SUPER ACT). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.19 GRANT $30,000 TO CITY OF MIAMI YOUTH BASEBALL ACADEMIES, INC. - IN SUPPORT OF THE 7TH ANNUAL YOUTH BASEBALL WORLD SERIES. RESOLUTION NO. 88-506 A RESOLUTION AUTHORIZING A GRANT IN AN AMOUNT NOT TO EXCEED $30,000 TO THE CITY OF MIAMI YOUTH BASEBALL ACADEMIES, INC., A NON-PROFIT FLORIDA CORPORATION, IN SUPPORT OF THE SEVENTH ANNUAL CITY OF MIAMI YOUTH BASEBALL WORLD SERIES; ALLOCATING FUNDS IN THAT AMOUNT FOR SAID EVENT FROM MONIES PREVIOUSLY APPROPRIATED FOR SAID EVENT IN THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES GENERAL FUND, RECREATION DIVISION, AID TO PRIVATE ORGANIZATION LINE -ITEM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT FOR SAID EVENT, IN SUBSTANTIALLY THE FORM ATTACHED, BETWEEN THE CITY OF MIAMI AND THE CITY OF MIAMI YOUTH BASEBALL ACADEMIES, INC. 12 June 9, 1988 mi (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.20 APPROVE COST SHARING CONTRACT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT - FOR RETROFITTING STORM WATER BASINS WITHIN THE CITY. RESOLUTION NO, 88-507 A RESOLUTION APPROVING A COST SHARING CONTRACT BETWEEN THE CITY OF MIAMI AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR RETROFITTING STORM WATER BASINS WITHIN THE CITY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT IN SUBSTANTIALLY THE FORM ATTACHED HERETO ON BEHALF OF THE CITY WITH FUNDS THEREFOR MADE AVAILABLE FOR THE CITY'S SHARE FROM STORM SEWER GENERAL OBLIGATION BOND FUNDS AND STORM WATER UTILITY TRUST FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.21 ISSUE REVOCABLE PERMIT TO CATHOLIC COMMUNITY SERVICES, INC., IMMIGRATION SERVICES - FOR USE OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER TO PROVIDE COUNSELING AND LEGAL ADVICE ON IMMIGRATION PROCEDURES. RESOLUTION NO. 88-508 A RESOLUTION AUTHORIZING THE CITY MANAGER'S ISSUANCE OF A REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO CATHOLIC COMMUNITY SERVICES, INC., IMMIGRATION SERVICES, A NONPROFIT CORPORATION, FOR THE USE OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER, LOCATED AT 970 SOUTHWEST FIRST STREET, MIAMI, FLORIDA, TO PROVIDE COUNSELING AND LEGAL ADVICE ON IMMIGRATION PROCEDURES, SAID PERMIT BEING FOR AN INITIAL ONE-YEAR PERIOD, AT A USER FEE OF $2,430 PER YEAR, WITH SUCCESSIVE AUTHORITY BEING GIVEN FOR THE PERMIT TO REMAIN VALID FOR ONE-YEAR PERIODS, SUBJECT TO THE CITY MANAGER'S APPROVAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.22 APPROVE AND ADOPT THE CITY OF MIAMI COMPREHENSIVE ANNUAL REPORT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1987. RESOLUTION NO. 88-509 A RESOLUTION ACCEPTING, APPROVING AND ADOPTING THE CITY OF MIAMI, FLORIDA, COMPREHENSIVE ANNUAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1987 AS REQUIRED BY FLORIDA LAW. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 13 June 9, 1988 4.23 APPROVE ONE YEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF 11 FOR EVELIO RIZO. RESOLUTION N0. 88-510 A RESOLUTION APPROVING A ONE (1) YEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF 71 FOR EVELIO RIZO, TYPIST CLERK II, CITY CLERK'S OFFICE, EFFECTIVE MAY 11, 1988, THROUGH MAY 10, 1989, WITH THE PROVISION THAT IN THE EVENT OF A ROLL BACK OR LAYOFF, EVELIO RIZO'S PHYSICAL CONDITION SHALL BE REEVALUATED TO DETERMINE IF HIS CONDITION IS SATISFACTORY FOR CONTINUED EMPLOYMENT; FURTHER PROVIDING THAT ALL FUTURE REQUESTS FOR EXTENSION OF EMPLOYMENT BE BROUGHT BEFORE THE COMMISSION ON A YEARLY BASIS FOR ITS REVIEW. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.24 ACCEPT COMPLETED WORK: RIC-MAN .INTERNATIONAL, INC. - FOR CITYWIDE SANITARY SEWER REPLACEMENT PROJECT CIP PROJECT NO. 351170. RESOLUTION NO. 88-511 A RESOLUTION ACCEPTING THE COMPLETE WORK OF RIC-MAN INTERNATIONAL, INC. AT A TOTAL COST OF $701,215.39 FOR CITYWIDE SANITARY SEWER REPLACEMENT PROJECT C.I.P. PROJECT NO. 351170 AND AUTHORIZING A FINAL PAYMENT OF $24,933.44. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.25 ACCEPT COMPLETED WORK: MAN CON, INC. - FOR OVERTOWN/PARK WEST SANITARY SEWER REPLACEMENT CIP PROJECT NO. 351280. RESOLUTION NO. 88-512 A RESOLUTION ACCEPTING THE COMPLETED WORK OF MAN CON, INC. AT A TOTAL COST OF $532,246.41 FOR OVER TOWN/PARK WEST SANITARY SEWER REPLACEMENT C.I.P. PROJECT NO. 351280 AND AUTHORIZING A FINAL PAYMENT OF $54,820.66. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.26 AUTHORIZE ACCEPTANCE OF 65 DEEDS OF DEDICATION FOR HIGHWAY PURPOSES. RESOLUTION NO. 88-513 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT SIXTY FIVE (65) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING THE RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14 June 9, 1988 4,21 DECLARE IMPROVEMENTS ON 1.5-ACRE CITY -OWNED WATERFRONT PARCEL AS A UDP - AUTHORIZE RFP FOR A UDP - SET PUBLIC HEARING FOR SEPTEMBER 6, 1988 - IN CONNECTION WITH DEVELOPMENT OF A NON-PROFIT OLYMPIC SAILING AND TRAINING CENTER TO BE LOCATED AT THE SOUTHEASTERLY PORTION OF DAVID KENNEDY PARK (SEE LABELS 16 AND 62), RESOLUTION NO. 88-514 A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON AN APPROXIMATELY 1.5-ACRE CITY -OWNED WATERFRONT PARCEL IS BY A UNIFIED DEVELOPMENT PROJECT (UDP); AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSALS (RFP) FOR A UDP, AND CONFIRMING THE SETTING OF A PUBLIC HEARING FOR SEPTEMBER 8, 1988, AT 2:00 P.M., TO TAKE TESTIMONY REGARDING SAID RFP FOR THE DEVELOPMENT OF A NOT FOR PROFIT OLYMPIC SAILING AND TRAINING CENTER ON A CITY -OWNED WATERFRONT PROPERTY LOCATED AT THE SOUTHEASTERLY PORTION OF DAVID T. KENNEDY PARK ADJACENT TO BISCAYNE BAY IN COCONUT GROVE, AND AT THE CONCLUSION OF THE PUBLIC HEARING TO AUTHORIZE THE ISSUANCE OF A RFP, SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINT MEMBERS OF A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY THE CITY CHARTER AND CODE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) NOTE FOR THE RECORD: R 88-514 was reconsidered by M 88-525 (See label 16) and repassed as R-88- 562 (See label 62) 4.28 AUTHORIZE STREET CLOSURE AND ESTABLISHMENT OF PEDESTRIAN MALL CONCERNING GRAND OPENING OF FIRE HOUSE 4 AND A CHARITY EVENT TO BENEFIT JACKSON MEMORIAL HOSPITAL BURN CENTER. RESOLUTION NO. 88-515 A RESOLUTION CONCERNING CERTAIN ACTIVITIES TO BE HELD IN CONNECTION WITH THE GRAND OPENING OF FIRE HOUSE 4 AND A CHARITY EVENT TO BENEFIT THE UNIVERSITY OF MIAMI/JACKSON MEMORIAL HOSPITAL BURN CENTER JUNE 29 THROUGH JULY 3, 1988 SPONSORED BY FIRE HOUSE 4 RESTAURANT AND THE BRICKELL AREA ASSOCIATION IN COOPERATION WITH THE CITY OF MIAMI; PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND 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 REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 15 June 9, 1988 4.29 ACCEPT FINANCIAL REPORT FROM THE FLORIDA INTERAMERICAN SCHOLARSHIP FOUNDATION REGARDING CITY'S GRANT IN SUPPORT OF JIMMY BUFFET BENEFIT CONCERT. RESOLUTION NO. 88-516 A RESOLUTION ACCEPTING THE FINANCIAL REPORT AND APPROVING THE PROPOSED EXPENDITURE OF PROFITS SUBMITTED BY THE FLORIDA INTERAMERICAN SCHOLARSHIP FOUNDATION IN CONNECTION WITH THE CITY'S $6,000 GRANT IN SUPPORT OF THE JIMMY BUFFET BENEFIT CONCERT HELD AT THE MARINE STADIUM ON NOVEMBER 29, 1987. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5. DEFER CONSIDERATION OF ACCEPTANCE OF A PROPOSAL MADE BY U.S. IMPRESSION, INC. TO PUBLISH A FREE ECONOMIC PROFILE OF THE CITY - DIRECT MANAGER TO ATTEMPT TO IDENTIFY A LOCAL FIRM TO PERFORM SAID SERVICES. Mayor Suarez: Item one, Commissioner Dawkins. Mr. Dawkins: Have someone explain to me... Matthew Schwartz, Esq.: Item one is a ... Mr. Dawkins: No, no, hold it. We don't have to go through all of that. What does a significant portion of the ERP will be set aside for commercial advertisement which will compensate the cost of the project? Explain that to me. Mr. Schwartz: This is a private company that will produce the document - the bulk of the documenter's advertisements from real estate developments in the City, businesses in the City. It includes approximately a third, 25 to 30 percent of the document is text about the City of Miami and Metropolitan Dade County. In the fact that the City would be the one to endorse this, the bulk of the text would and we would have editorial control, would be about the City of Miami as a place to do business. Mr. Dawkins: So, in other words, the City of Miami and Dade County have already done the research and got the data that this individual is just going to put together and slap his letterhead on and charge people a fee for advertising in it and he's going to make a ton of money using the data and the stuff that we already have. Mayor Suarez: That's a very good point, what about the copyright aspects of this and the fact that we provide all the data and they get all the profits from it? Mr. Schwartz: They have asked that we provide existing data that the City has. They will prepare the text, they will do the writing. There's nothing additional that the City really has to do, it's just the City gives them endorsement to this credibility. Yes, they make money on this and it's profit making. The thing is that they will give us between five and ten thousand copies of this... Mr. Dawkins: Yes, and the Mayor's signature is going to sell a hundred thousand copies. When the Mayor gives a letter of endorsement, that's going to sell a hundred thousand, so he's going to give us five thousand. We're ninety-five in the hole. Mayor Suarez (OFF MIKE); Yes, I do sell it for about that. Mr. Dawkins (OFF MIKE): Sure. Mrs. Kennedy; Matthew, who are these people, U. S. Impression? 16 June 9, 1988 Mr. Schwartz: This is a company from New York, they have prepared this for numerous other municipalities, I'm sorry, I don't have a copy of the example of this but it's basically.,. Mr. Dawkins: And there's nobody locally can do this. Mr. Schwartz: No one has approached us. They came and approached the City. Mr. Dawkins: Beg pardon? OK, I move that this be deferred and that we see if we can't find a local firm that can do this if we want it done. Mayor Suarez: Move to defer. Mr. De Yurre (OFF MIKE): Second. Mayor Suarez: Second. One alternative for the Commissioner's satisfaction may be for them to give us some idea exactly what kinds of monies are expected to be made from this and what control we may have over it or something. Mr. Dawkins (OFF MIKE): Right, Mr. Mayor. Mr. Schwartz: They have indicated that we have full control of the editorial and the text. Mayor Suarez: That's not what we're talking about. We're talking about what, you know, so people won't be profiting off of our information and... Mr. Schwartz: Obviously, it's a major expense to print this. The book is about 300-400 pages. Mayor Suarez: Well, I mean, you might want to give us that information. That might convince the Commissioner that we have a motion to defer, I don't know... Mr. Schwartz: OK, I'll provide you with copies. Mr. Herb Bailey (OFF MIKE): No, wait a minute, hold on, hold on. If we do this local, it's going to cost money. Mr. Schwartz: Yes, the only thing is that this is no cost to the City. And the emphasis will be on the City of Miami as the center of Dade County and this metropolitan region versus... Mayor Suarez: The Commissioner, I think, wants to know about the money aspects of it, the financial aspects. We have a motion to defer and a second. Any discussion? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 88-517 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM NUMBER ONE (AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPOSAL MADE BY U.S. IMPRESSION, INC. TO PUBLISH A FREE ECONOMIC PROFILE OF THE CITY OF MIAMI/DADS COUNTY); FURTHER INSTRUCTING THE CITY MANAGER TO SEE IF A LOCAL FIRM CAN BE IDENTIFIED TO PERFORM SAID SERVICE. Upon being seconded by Commissioner De Yurre, 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. 17 June 9, 1988 Mayor Suarez: You might consider it a tabling motion if you can convince them later to have it reconsidered but show them some figures on how it's going to work. 6. PURCHASE THREE PUMPER APPARATUS, ONE QUINT APPARATUS, RELATED FIREFIGHTING TOOLS AND EQUIPMENT FROM YOUNG TECHNOLOGIES GROUP, INC. FOR DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES ($1,168,156.70). ----------------------------------------------------------------------- Mayor Suarez: OK, item four. Mr. Dawkins (OFF AND ON MIKE): Item four. Chief, where's Chief Duke? How many new pieces of new equipment are we purchasing? Chief Colonel Duke: With this bid, we'll be purchasing three new engine companies and one aerial. Mr. Dawkins: Three new? Mr. Duke: Yes, sir. Three new engines and one aerial. Mr. Dawkins: All right. And next year we'll try to purchase what? Mr. Duke: I hope to replace at least half the fleet within the next two years so we're looking at another 15-20 purchases very shortly. Mr. Dawkins: You ought to be commended because I have been saying ever since I've been here that it's time that we purchased some new equipment rather than rebuilding equipment that's twenty years old because eventually we will be obsolete and nobody buys obsolete fire apparatus and pay for it. So, I commend you for finding a way to purchase four new pieces of equipment. Mr. Duke: Thank you very much, sir. Mr. Dawkins: I move four. Mayor Suarez: Moved. Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Call the roll on four. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-518 A RESOLUTION AUTHORIZING THE PURCHASE OF THREE (3) PUMPER APPARATUS, ONE (1) QUINT APPARATUS, RELATED FIREFIGHTING TOOLS AND EQUIPMENT AND MISCELLANEOUS VEHICLE SPARE PARTS UNDER AN EXISTING DADE COUNTY BID NO. 176-37 FROM YOUNG TECHNOLOGIES GROUP, INC. FRO THE DEPARTMENT OF FIRE, RESCUE, AND INSPECTION SERVICES AT A TOTAL PROPOSED COST OF $1,168,156.70; ALLOCATING FUNDS THEREFOR FROM THE FY 188 FIRE BOND ACCOUNTS NO. 313223-289401-840 ($1,119,167.00) AND NO. 313222- 28940-840 ($48,989.70); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote; 18 June 9, 1988 ASS: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner j. L. Plummer, ,fir. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None, 7. BRIEF CLARIFICATION ON HOW ITEM 10 (PURCHASE OF RADIATORS AND GLASS REPAIRS FROM DOWNTOWN RADIATOR SERVICES AND LATIN AUTO GLASS) WAS MODIFIED BY CITY ATTORNEY'S MEMORANDUM. (SEE LABEL 4) Mayor Suarez: Item twelve. Mr. Plummer: Somebody pulled = oh, ten was modified. Mr. Dawkins: Twelve? Mr. Plummer: Don't you think we ought to put on the record how ten was modified? Mayor Suarez: Please put on the record how we modified ten, that's a good idea. Thank you, Commissioner. Mr. Plummer: From what I understand, it's not a slight modification. Mayor Suarez: It's not a slight - not a minor modification. Mr. Plummer: Changing from one vendor to another. Mr. Jorge Fernandez: Yes, the modification consists in that the lowest bidder was not properly reported. The lowest bidder is someone else than the one that appears on the resolution on the package that you got and, in fact, the lowest bidder is Latin Auto Glass and not AA Glass as previously reported. So, it's just a change to correct. Mr. Plummer: Where did themistake come about? Mr. Ron Williams: Commissioner, the mistake was made in tabulation because when the analysis was done, a discount was not properly allocated. We identified that mistake after we had finished the analysis and we came back and corrected it. Mr. Plummer: Did you so notify the supposedly awardee that it had been changed? Mr. Williams: Yes, we.have. Mr. Plummer: He's had the opportunity to speak to the issue? Mr. Williams: We did notify him on yesterday. As to whether or not he's had an opportunity to speak here, I'm not certain. We did notify him that we did incorrectly performed the tabulation. Mayor Suarez: I think what he means is, if the awardee is aware of it and agrees to this and is not going to create a problem for us, not that he's going to be heard here, Ron, but just if we're OK with the awardee. Mr. Williams: We did notify him, Mr. Mayor, that the change had been made. Mr. Plummer; Well, you see, I guess the real question I'm raising.. To me, when you switch from an agenda item and you switch vendors, that's not .a slight modification and yet, we would have rushed over it and said, that's it and we would have walked away from here thinking, in fact, that this is what we passed. 19 June 9, 1988 INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: No, I don't want to postpone it. As long as the AA Glass that's on here has been notified. Obviously I assume were notified that this matter would be discussed this morning and this change would be made. You know, if you make a mistake one time, you make a mistake two times. Mr. Williams: Commissioner, we did speak to them and they are aware that the change is being made. Mr: Plummer: OK. Fine with me. I have no problem. 8. BRIEF DISCUSSION AND WITHDRAWAL OF PROPOSED RESOLUTION ACCEPTING BID OF B & F MARINE, INC. - TO FURNISH FOUR OUTBOARD MOTORS TO DEPARTMENT OF GENERAL SERVICES ADMINISTRATION. Mayor Suarez: OK, Item 12 is think is also yours, Commissioner. Not twelve? Mr. Plummer (OFF AND ON MIKE): Put my glasses on. Mr. Manager, did we just recently overhaul completely some boats? We have three, correct? Mr. Ron Williams: Yes, sir. Mr. Plummer: And we're paying $6,000 an engine for an outboard motor? Mr. Williams: That's correct, Commissioner. Mayor Suarez: How recently did we replace those motors? Mr. Williams: The motors that were present that we're asking you to replace now have approximately a minimum of 1700 hours on them. Mr. Plummer: How long ago did we replace them? Mr. Williams: I don't have the exact date, Commissioner, I can get that for you. Mr. Plummer: It's less than a year. Mr. Williams: We replaced the Boston Whaler engine last year and that's already up to a thousand hours at this point. But the motors that we're asking you to replace now are for the two Rebalos. Mr. Plummer: The point I'm trying to make, you know,... Mayor Suarez (OFF MIKE): I thought you were going to eliminate it. Mr. Plummer: ... hours are fine for maintenance. But, damn, an outboard engine ought to last more than a year; especially when you're paying six grand for them. Now, there's something wrong somewhere and I don't know where it is. But an engine that's - you just don't keep an outboard engine for one year and throw it away, I realize they get a lot of hours but that's for maintenance to bring them up to snuff and when you take them in and you rebuild them. My question, it looks like to me it's going to be easier to buy new ones than to rebuild them. Mr. Mayor, I'd like to ask that this matter be deferred until the next meeting because there's just something wrong that doesn't hold up here. I don't know what it is. Mr. Odio: I'll tell you what - Yes, I'll withdraw the item and because we're in the budget process and I want to look at the marine patrol anyway. Mr. Plummer: Well, but here again, please, my question is not about the marine patrol in general. You know my feelings there. My question is that we're having outboard engines that are only lasting a year, something is radically wrong. Mr. Odio: Well, Commissioner, if you think that the boats are working around the clock — 20 June 9, 1988 Mayor Suarez: 'Yes, it must be because of continuous use, I guess, and the number of hours is really mote of an indication, don ''t you think, Commissioner? Mr. Odio: They're working on the shifts basis like a patrol car would be. Mayor Suarez: But he wants to be satisfied that we're not just throwing money away here with replacing, you know, within a year of acquisition. Mr. Odio: Yes, sure, yes. Mr. Williams, Mr. Mayor, if 1 may just add for the Commissioner's benefit. We did check into that Commissioner, and we found that the industry average on these motors are about a thousand hours. Mr. Plummer: Absolutely wrong. Mr. Williams: And these have in excess of 1700 hours and:.: Mr. Plummer: My friend, you know, you might tell that to somebody who all their life didn't run outboard motors. OK? I don't get sick in the bath tub. Mr. Williams: We will... Mr. Plummer: It's been withdrawn so we'll bring it back at a later time. ------------------------------------------------------------------------------ 9. ACCEPT BID: MC LAUGHLIN GROUP - FOR FURNISHING 1,200 CLEATS FOR DINNER KEY MARINA - PIER CONSTRUCTION PROJECT FOR DEPARTMENT OF PUBLIC WORKS. Mayor Suarez: OK, item fourteen. Sometimes he gets sick right here on the Commission but not in the bath tub. Mr. Plummer: That's for sure. Mrs. Kennedy (OFF.MIKE): That's different. Mr. Plummer: On fourteen,_ if I'm not mistaken, it seems like that we're talking about these improvements in the Dinner Key Marina. Mr. Odio: Brand new marina. Mr. Plummer: Yes, I understand, but where -"I just don't understand, you're paying $100 for a boat cleat? You're paying... the next item which is also involved in it, you're paying about $700-$800 for a boat... Mr. Jim Kay: No, no, no, no. The bid is almost $12,000. Mr. Plummer: Twelve thousand dollars. Mr. Kay: For 1200 - twelve hundred boat cleats. Mr. Plummer: It's a $100 a piece. Mr. Kay: No, it's $10, isn't it? Mr. Plummer: Excuse me? Do I stand corrected? Mayor Suarez: Ten dollars. Mr. Plummer: OK, $10 is not bad. All right, the other one, 250 of the dock boxes at`$35,000. What does that come out to? There's 250 of these boxes at $35,000, Who has a calculator? No, it can't be $14.00, no. Mr. Mayor, go ahead and go on, I might revisit this subject because it can't be $14.00. No way. It can't be. Ten dollars would be 250, would be $2500. It can't be, I'll come back and revisit the issue. Mrs, Kennedy (OFF MIKE): OK, 21 June 9, 1988 Mr. P1umman Xavier! go ahead and proceed, 1011 come back and revisit later, Mrs, Kennedyi It's finished, Mr. Plummer (OFF MIKE): Anybody got a calculator? Mayor Suarez: OR, item = you don't want to take a vote on it at this point, right, Commissioner? Mr. Plummer: It's immaterial, I might come back, Yes, I'll move 14 for the present time and maybe come back and revisit 14, 15 and 16. Mayor Suarez: All right, item 14's been moved. Mr. Dawkins (OFF MIKE): Second. Mr. Plummer (OFF MIKE): No, you withdrew 12, Mrs. Kennedy (OFF MIKE): ... past. Mayor Suarez: Second. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-519 A RESOLUTION ACCEPTING THE BID OF MC LAUGHLIN GROUP FOR THE FURNISHING OF 1,200 PIER CLEATS FOR THE DINNER KEY MARINA - PIER CONSTRUCTION PROJECT FOR THE DEPARTMENT OF PUBLIC WORKS AT A TOTAL PROPOSED COST OF $11,940.00; ALLOCATING FUNDS THEREFOR FROM THE DINNER KEY MARINA-RENOVATION/EXPANSION PROJECT ACCOUNT CODE NO. 414005-319302-830; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, 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. 22 June 9, 1988 10. $RIEF DISCUSSION AND DEFERRAL OF PROPOSED EXECUTION OF INDIVIDUAL AGREEMENTS WITH (A) LITTLE HAVANA DEVELOPMENT AUTHORITY, INC., AND (B) SMALL BUSINESS OPPORTUNITY CENTER, INC. - FOR IMPLEMENTATION OF A COMMERCIAL FACADE PROGRAM. Mayor Suarez: Item twenty=two, Commissioner De Yurre, Mr. De Yurre: 1 want to get some background, Frank, on exactly the cost of this facade improvement. Mr. Plummer: What number are we on? Mrs: Kennedy: Twenty-two. Mr. Odio: This was a donation from them to the City from Ricoh to improve the Japanese Gardens and this is a... Mrs. Kennedy: Well, we're on 22, not on 25; twenty-two. Mr. De Yurre: No, no, twenty-two. Mr. Odio: Oh, 22, I'm sorry, I was - sorry. Mr. De Yurre Yes, I want to know what the Japanese were doing in Little Havana. Mr. Odio: I was looking at 25, Commissioner, I'm sorry. Mrs. Kennedy: There are a lot of Cuban Chinese though. Mr. Frank Castaneda: Commissioner, let me just explain quickly. Basically it's Little Havana Development Authority, SBOC, the City and the county are working together on rehabilitating approximately 25 stores between loth and 12th Avenue on Flagler Street and the idea has been for the City, the county and all these agencies to put their money together to try to have a major impact on the renovation of the stores on Flagler. Mr. De Yurre: OK, you're talking about improving 25 stores. Mr. Castaneda: Right, the facades and the county will be putting some money to improve certain parts of the interiors. Mr. De Yurre: OK, now as far as the facade.. Mr. Castaneda: Right. Mr. De Yurre: You're asking us to put in $60,000. Mr. Castaneda: Right, $60,000 for SBOC and $60,000 for LHDA; it's $120,000 total. Mr. De Yurre: $120,000, that comes out to roughly over $5,000 per facade. - Right? Mr. Castaneda: No, my numbers must be wrong because the maximum that we put per facade, per store, is $2,000. Mr. De Yurre: OK, then... Mr, Castaneda; So either... Mr. De Yurre: ... then we're talking about $50,000 altogether if it's twenty- five,,. only twenty-five, right? Mr. Castaneda; Right, Mr, De Yurre; OK. 23 June 9, 1988 ■ Mr. Castaneda: So, I figured we must be renovating a lot more than 25 stores because what we put per store front is maximum of $2000 of which we put in only $1,400 and $600 in private sector. In this part the county is also putting in money and they will be putting more money than we had really stated here. They're probably putting approximately $50,000 into this project. It's going to be handled through Isabel Ogden's office of Metropolitan Dade County in that they're going to do also some improvements to the inside and so forth but it's going to be treated as one joint project. Mr. De Yurre: Let me ask you something, do the owners of these stores have the option of saying, I'll do the work, give me the money or is the work going to be done by an instrumentality of the government? Mr. Castanedat No, the work will be done by a private contractor. I do not know the details whether one private contractor will do all the facades or there will be different facades. I would assume that a private contractor will do most of the facades but I can get you that information. Mr. De Yurre: I'll tell you the problem I have with this. The facade program in Allapattah, I know of one owner that had the option of saying no. They were providing $4,000 worth to improve the facade. He said, no, give me the $4,000, I'll do the work myself. He spent $800, he pocketed $3,200. Mr. Castaneda: Give me the case and I'll look into that, that should not happen. Mr. De Yurre: That is my concern, I don't want that happening again. Mr. Plummer: No, send him to jail. Mr. Castaneda: Yes, that shouldn't happen. Mr. De Yurre: No, he did it, it was fine. Mr. Plummer: No, send him to jail. That's stealing. Mr. Castaneda: If you want, you can give me the name after the meeting and I'll look into that one. That shouldn't happen. Mr. De Yurre: So what I want to know is, you know, what procedures are used here. Mr. Castaneda: No, we have a bid procedure in all cases. Mr. Plummer: Who does the bidding procedure, us or the little... Mr. Castaneda: They do. But they have to come to us with three bids. Mr. Plummer: On each project? Mr. Castaneda: Yes, sir. Each project or if five projects are done together on the total five_ project. Mr. Plummer: Is it the same bidding procedures used by the City? Mr. Castaneda: They're usually fairly small bids and basically what we require is them to bring three bids. I would assume that what you're saying in that particular case is that the gentleman said, well, I can do it for the lowest bid and I will do it, but if what you're telling me is that he did not do the work that he was supposed to, then we've got a problem. Mr. De Yurre: No, he did the work, but he did it for a way less than the money that was being afforded for each property. That's my point. You know, if you're talking about $4,000 and you can do it for $800, then there's something amiss here. Mr. Castaneda: No, there's something wrong there. If you want, we'll talk about the name later on. Mr, De Yurre: Well, I'd like to have this deferred until we get some more information and see where we're at. 24 June 9, 1988 Mr. bawkiht: Second. Mayor Suarez: Do you want to table it for the rest of the day or do you want to defer it? Mr. be Yurre: No, I want it deferred. Mayor Suarez: Motion to defer. Seconded. Any discussion? Call the roll. ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY COMMISSIONER DAWKINS, ITEM 22 WAS DEFERRED 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. 11. EXECUTE AGREEMENT WITH SAN-AI-KAI, RICOH SANAI GROUP - FOR THEIR $330,000 CONTRIBUTION FOR THE RENOVATION OF THE CITY'S JAPANESE GARDEN. Mayor Suarez: Item twenty-five, Commissioner Plummer. Mr. Plummer: Mr. Manager, the last time we talked about this situation, there was a concern raised by, I think, the entire Commission that any monies we accepted had to be for infinitum. That any monies that were spent on this project would only be spent if the City agreed that that was infinitum and could never, ever be changed. Mayor Suarez: You mean like non recurring expenses? Mr. Plummer: No, no, no, no. Mayor Suarez: What do you mean? Mr. Plummer: Remember when they talked about the Japanese Garden they were going to spend some $300,000 but they had to have, written into the contract, that that would be - oh, for eternity, eternity. Mr. John Gilchrist: Yes, if you look at... Mr. Plummer: The question I have here, if we accept this money of $330,000, are we bound for eternity? Mr. Gilchrist: Item e... Mayor Suarez: Oh, you mean that it would be kept and not used for eternity. Mr. Plummer: For eternity. Mr. Gilchrist: May I just read what's in the Mayor Suarez: OK. Mr. Gilchrist: May I read what's in the agreement, item e, for term on page three, the Garden shall remain in its present location unless or until future development of Watson Island occurs. In the event that future development on Watson Island occurs and requires relocation of the Garden, the City agrees to develop and maintain a comparable garden to ensure the existence of the Ichimora Miami -Japan Garden. In that event, the City shall notify Ricoh immediately to provide Ricoh with an opportunity in assisting the City in the relocation and the alteration of the garden. 25 June 9, 1988 ■ f Mr. Plummer: All right, to the word eternity has been removed. Mr. Gilchrist: Removed entirely and it's replaced with this, sir. Mr. Plummer: All right but now wait a minute. If there is to be development on Watson Island, is that mean that the City is going to have to pay out $930,000 to move it to somewhere else? Mr, Dawkins (OFF MIKR): Or more. Mr: Gilchrist: Well, they wanted have some assurance that we could designate another garden as the... Mr. Plummer: Designated an area is one thing, to make that new designated area a comparable site... Mayor Suarez: John, to try to solve this, the wording that you just read does not indicate that we have to give any compensations. So if we work with them to designate another area, we're out in the clear. Mr. Gilchrist: Yes. It's intentionally vague, Mayor. Mr, Plummer: OK, that's all I want to get on the record. Mayor Suarez: Yes, I know it's intentionally vague, we do a lot of things that way sometimes, but... Mr. Gilchrist: It's to our benefit in this case, sir. Mayor Suarez: That's the point. It's to our benefit in this case. Mr. Plummer: Mrs. Kennedy: I'll move it. Second. Mayor Suarez: Moved, seconded. Any discussion? Call the roll. We're going to fix up Japanese Gardens finally. Congratulations! Mr. Gilchrist: They did increase the money as well in this little delay. Mayor Suarez: I noticed. You got an extra... Mr. Plummer: Well wait a minute, whoa, whoa, whoa, whoa. Now the City Attorney just brings out that one of the words in there is the City, if, in fact, is moved, the City will develop - development in this City costs a helluva lot of money. Mr. Gilchrist: Would you like to have that word changed, Mr. City Attorney? Mr. Plummer: Well, you know, listen... Mr. Jorge Fernandez% I don't want anything. Mr. Plummer: ... let's understand where we are. Mr. Gilchrist: Well, the City's... Mayor Suarez: Well, who appointed this City Attorney? Mr. Gilchrist: This had been reviewed by their office and approved already, but I... Mayor Suarez: That's still pretty vague, J.L., I... Mr. Plummer: Well, development cost. Mr, Gilchrist; I think we were trying to walk a very narrow line with them to not lose the donation and also have some flexibility there. If the word... Mr. Plummer: Well, I think it's fair that if we move it, that we designate a site for it to be moved to. But then, you're talking about another four or five years down the road, you're talking $330,000 just became a half a million. Now, Mr. Manager, give me some wisdom. 26 June 9, 1988 Mr, Gilchrist: Why don't we chahge the word develop to locates Mr. Plummer: That's fihe, I can live. Mr. Gilchrist: Agrees to locate and fnaititain a comparable garden, fs that a.., Mr, Plufnftr: hell, relocation could, in fact, be misconstrued, Mayor Suarez: Well, but that's again, being intentionally vague to our advantage, you know, they're not going to... Mr, Plummer: That's ghat I'm trying to be. Mayor Suarez: Right. Mr. Odio: We said will provide a site for.,, Mayor Suarez: That's.., Mr. Gilchrist: OK, how about, agrees to provide.., Mr. Plummer: That's perfect. Provide a site and maintain the new site, I got no problem with. Mayor Suarez: Hey, if you can add maintain in there, that might be acceptable to them because maintain different from the way we understand maintain, as Walter knows. Mr. Gilchrist: So we change the word develop to... Mr. Plummer: Provide. Mr. Gilchrist: Provide. Mayor Suarez: Of course, when you put all of this into the record, it sort of allows them to go back in the record and see what exactly we meant. And, in any event, you know... Mr. Plummer (OFF MIKE): What good would it do, we don't know what the hell it meant? Mr. Gilchrist: They had already signed off.... Mayor Suarez: With those modifications, will the moving party accept the modifications? I think it was Commissioner Plummer that made the motion. Mr. Plummer: Yes. Mayor Suarez; And the seconding party? Whoever seconded, do you want to second? Mrs. Kennedy: I'll second. Mayor Suarez: Seconded. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption; RESOLUTION NO. 88-520 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SAN-AI-KAI, RICOH SAN-AI GROUP ("RICOH"), IN SUBSTANTIALLY THE FORM ATTACHED, SETTING FORTH THE TERMS AND CONDITIONS OF A $330,000 CONTRIBUTION FROM RICOH TO BE USED EXCLUSIVELY FOR THE RENOVATION OF THE CITY'S JAPANESE GARDEN LOCATED ON WATSON ISLAND. (Here follows body of resolution, omitted here and on file in the office of the City Clerk.) 27 June 9, 1988 r Upon being seconded by Commissioher Mehnedy, the resolutioh WAS passed and adopted by the following vote: AYES: Commissioner Victor be Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None: ABSENT: None. Mayor Suarez: When do we begin the work on this, John? Or Walter? How close are we to actually beginning the improvements? Mr. Gilchrist: They're taking the moorings on the site right now and they're constructing the pavilion which goes there, the site work is going to be a little delayed yet. We had to have this agreement in hand before we touched anything. Mayor Suarez: Yes, yes, very important. 12. SET SPECIAL USE FEE AND EXECUTE USE AGREEMENT WITH FEDERACION DEPORTIVA NICARAGUENSE, INC. FOR USE OF BOBBY MADURO MIAMI BASEBALL STADIUM FOR PRESENTATION OF 60 AMATEUR BASEBALL GAMES THROUGH DECEMBER OF 1988. Mayor Suarez: Item twenty-eight. Commissioner Plummer. Mr. Plummer: How has it been modified? Mr. Jorge Fernandez: It's only been modified to add the action of this Commission at its last meeting to include the assessment of the surcharge authorized by Ordinance 10439, adopted May 19th, 1988. Mr. Plummer: So there will be a surcharge charged? Mr. Fernandez: To bring it into compliance, yes. Mr. Plummer: And out of the 60 games that will be played there, what will the City derive?. Mr. Max Cruz: J.L. it's a $125 per game plus all expenses to include lights plus, at the same time, we get them the twenty-five cents per ticket sold. Mrs. Kennedy: The Marlins didn't pay a use fee so this is better than nothing. Mr. Plummer: Yes. Mr. Odio: This assures us one thing is that the stadium will be in the black and it's never been in the black. Mr. Plummer: OK. Mr. Cruz: Face it, J.L., the Marlins were there and the... Mr. Plummer: They're paying all expenses, Mr. Cruz: All expenses. Mr. Plummer That's personnel. Mr. Cruz: That's personnel, light, cleanup, everything. Mr, Plummer: And $125, 28 June 9, 1988 i Mr. Cruz: Yes, sir. Mr, Odio: And they draw a lot of people, Mr. Plummer: fine. Great. I just wanted to make sure. 1 move 28, Mr. be Yurre: Hold it, hold it, hold it. 1s this the Nicaraguan group that we're talking about? Mr. Odio: Yes, sir. Mr. Cruz: Yes, sir, that's the... Carlo Garcia is the representative of the... Mr, be Yurre: OR, now, how much are they going to have to pay? Mr. Cruz: $125 per game+.6 per day, per day: Mr. De Yurre: $125, Mr. Cruz: Per day. Mr. De Yurre: And what... Mr. Cruz: Plus all the expenses. Mr. De Yurre: How much are the expenses? Mr. Cruz: The expenses could run, if you play at night, could run three or four hundred dollars, depending. Mr. De Yurre: That's the maximum expense? Mr. Cruz: It all depends, the length of the time. There's two employees that are assigned to them, the field guide and the stadium representative that they pay to cleanup, depending on the attendance at the game and if it is a light, at night there's a light expense that is involved. Normally, they are playing during the day now to avoid the expenses of the light. As they progress and they become bigger and better, then they will be playing some nights also. Mr. De Yurre: OR, what I would like to have and what I'd like to do is table this until later on today. Give me a total breakdown of what the costs are going to be because these individuals, they're, you know, last year they ended up losing money and, in fact, they owe money which they're indebted to right now. And I don't want them to be in a position, they provide a lot, thousands of them come into this community and they're staying right within the City of Miami limits and I want to do whatever we can, I think, to give them a hand in that respect. So, what I want is a cost breakdown, exactly what it is and I want to run it by them to see if it's OR with them during the course of the day, then we can revisit this in the afternoon. Mr. Odio: They have accepted this agreement. They accepted this agreement. They are perfectly satisfied with this, they did not owe us any money from last year. Mr. De Yurre: No, not the City, but... Mr. Odio: They don't owe us any... Mr. De Yurre: . and a number of no, not to the City, they paid the City but still the whole program, I think they lost about $20,000throughout different - the hotels and some of the other things, some.advertising. Mr. Odio: But I mean, they have accepted this agreement. That's why he's here, Mr. De Yurre; And theyareaware of what the costs are going to be exactly? Mr. Cruz: Yes, sir, Mr, Odio; Yes, sir, 29 June 9, 1988 Mr. Cruz: And they are - not only they are aware, we had, to the point that we cut their expenses so much that it's just to the bare bone. Even the field guy, after he get the field ready and they play the first game, they released the individuals so there's a lot less, sometime is about a $100 or less than $100 per day what they paid in expenses. Mr. De Yurre: OK, with the understanding that they are in agreement with it, then I'll second the motion. Mr. Cruz: They are in agreement, sir. Mr. Plummer: Well, I think the thing that has to be remembered, the only way they'll lose money is if they don't have the attendance. If they don't have the attendance, then they ought to consider playing in some other facility that is City owned that is not as expensive to operate as the baseball stadium. Mr. De Yurre: Well, there isn't any for that type of situation, you know, controlling the gates for a baseball game, where can you do that? Mr. Plummer: OK, I'm just saying, you know, that we've seen so many times where people wanted to use the Orange Bowl and they lost their financial ticket because of the fact they didn't have the anticipated audience they thought they were going to have and they should have played somewhere else where they would have not incurred those tremendous expenses that are in the Orange Bowl. Mr. De Yurre: OK, well, let's go ahead. Mayor Suarez: What are you going to do with the item? You moving it? Mr. De Yurre: I second it. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-521 A RESOLUTION SETTING A SPECIAL USE FEE FOR THE USE OF THE BOBBY MADURO MIAMI BASEBALL STADIUM BY THE FEDERACION DEPORTIVA NICARAGUENSE, INC. FOR SAID ORGANIZATION'S PRESENTATION OF APPROXIMATELY SIXTY (60) AMATEUR BASEBALL GAMES THROUGH DECEMBER 31, 1988; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND SAID ORGANIZATION. (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. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None, NOTE: AT THIS POINT, THE CITY COMMISSION MOMENTARILY TABLES CONSIDERATION OF. THE CONSENT AGENDA AND TAKES UP AGENDA ITEM 126. 30 June 9, 1988 13. REFER TO CITY MANAGER ISSUES PRESENTED IN CONNECTION WITH PHASE II IMPROVEMENTS TO THE ORANGE BOWL - FURTHER REQUESTING HIS RECOMMENDATIONS BY THE MEETING OF JULY 28, 1988. Mayor Suarez: We're up to item 39, Commissioner Plummer, did you want to have the Orange Bowl issue heard? I think we've got everybody here. Mr. Plummer: Is Cundy here? Are they here? Are they ready? Mr. Mayor, you, months ago, appointed myself as the chairman of a committee to look into the three facilities that the City owns, namely the Orange Bowl, the baseball stadium and the Marine Stadium to see what the future was, could be or will be. The Committee, actually, in fact, tackled the Orange Bowl first because of an indication from the Orange Bowl Committee themselves and the University of Miami to be agreeable to negotiations of their contract beyond the year 1991. This committee has presented to this Commission and approved phase I which is underway and will be completed before the first game of September the 3rd for the University of Miami and Florida State. What we are here today to present is phase II. I have asked that this presentation be limited to fifteen minutes. Fifteen minutes will be first, five minutes will be the presentation of what this committee has approved in the way of architectural and engineering of what they feel is best that can be done for the money. The second part of the presentation of five minutes will be, in fact, the finance director, who will put together the financial plan. The third five minutes that I've asked for will be the different parties and anyone of the Commission or else who wish to make comments about this particular plan. I think the greatest benefit that is offered in this plan which has been the stumbling block in the past, is where will the money come from? This particular situation I think is extremely fair because the monies would basically be coming from the people who derive the benefit, the users of the Orange Bowl and the recipients. So, at this particular time, Paul, are you ready to go? OK, go ahead and set up and we'll see what is being proposed keeping in mind that this is what is proposed based on the amount of money which you will hear about in the financial picture. Mayor Suarez: Is the posture of this item, Commissioner, such that you'd expect us to take any actual definitive action today? Mr. Plummer: Mr. Mayor, it would be the hope and desire if the Commission agree, that in fact, you would approve it in principle, it would be sent back to the Manager for final negotiations and then come back to this Commission as far as the plan is concerned. As far as the actual implementation of the plan, you know, hopefully what we're trying to accomplish is getting all of this work done in one season. The last game in the Orange Bowl, Walter, is January the 1st. We would hope that we would be in a posture that all of the bidding procedure, the drawings, the renderings, everything would be such so that on the second day of January the work could commence and be completed before the start of the next season. So all we're really hoping for today is acceptance, either as presented or modified, whatever this Commission so desires so that the Manager can sit down, finalize the final agreement with the University of Miami and with the Orange Bowl Committee and then send it back for final negotiations to be brought back to this Commission. Mayor Suarez: OK, I don't want to dispute the procedure but it would be a lot easier for me, for my vote, to have this be a report of the committee that you headed and give us a little time to meet with University officials and our own staff before we take any definitive action, even as a matter of principle. But, in any event, I certainly have no problems with hearing the recommendations of the experts and your committee. Mr. Plummer: Mr. Mayor, listen... let's look at the... Mayor Suarez: I thought we'd get a recommendation from the committee and then we'd be moving on to - and I'm not one to delay things, you know... Mrs. Kennedy: And it is listed as a discussion item. Mr. Plummer: That is correct. 31 June 9, 1988 Mayor Suarez: OK, proceed with the presentation. I also don't want to give the impression and the media, I think, distorted this a little bit, that on one side you have your committee with your recommendations,, on the other side, myself, certainly as to these improvements, nor should anyone understand any comments in the paper as meaning that I don't want the University of Miami and the Orange Bowl Committee to remain in that particular location for many, many years. Unfortunately, the media doesn't always quite grasp the whole picture here or else their editors don't print the whole picture, I don't know which it is, But, in any event, I'd be very interested in your input, as always Jim, and the University of Miami's input and was actually making an effort to get a hold of Sam Jankovich last night but he was at some phone that really doesn't seem to communicate with him but we'll figure that out at some other point. Mr. Plummer: Well, he is here today. Mayor Suarez: Yes, he's here. Mr. Plummer: We got him as a captive. Mayor Suarez: Although he looks a little different, I don't know if it's the same Sam Jankovich we've gotten to know and love back there. Mrs. Kennedy: I also think that your presentation should address a very important issue which is if we don't approve this plan, what happens to the Orange Bowl? Does that mean that we don't have the University of Miami games playing after 1981, does it mean that we have to rely solely on major events? I hope that you can address all of these questions. Mr. Plummer: Well, excuse me, that will be, I think, in the third part of the presentation. Mrs. Kennedy: Right. Mr. Plummer: He will be making a presentation here of the architectural and engineering of what is proposed for the amount of money that is... Mrs. Kennedy: All right. I just hope that somebody addresses that issue. Mr. Plummer: Yes. Sure. Proceed. Mr. Pat Yaskin: As the consultant for the City on the Orange Bowl, we were asked to address three major problems; the lack of concessions, the lack of restroom facilities and crowd control and access to the various levels of the Orange Bowl. What I have here in front of me is a site plan of the facility and basically to address overall what the improvements will be. We're talking about new concourses, new access ramps to the two upper levels, closing the street right here and, as a part of crowd control and access to the facility, we're removing the ticketing boxes and booths that are currently along the face of the stadium. We're locating them away from the face of the stadium in three locations and this is to keep the long lines that occur up against the face of the building streaming out into the level, the ground concourse which causes a great deal of confusion and crowd control around the bowl. Also, we intend to accommodate in these ticket booths restroom facilities. The restroom facilities are there to take care of pre -game activities such as tailgate parties. Currently, the stadium has a specific time in which it opens its gates and there are numerous requests to use the restrooms inside the facility. This causes security problems and by locating these restrooms with the ticket booths, this will then provide for the need for restrooms prior to the game. We're also, and we'll show later on new handicapped provisions as well as the potential, and I quote that's potential, for sky boxes. Mrs. Kennedy: Excuse me a second, if you're talking about four locations only, that also means that it reduces he number of the security, correct? Mr. Yaskin: Security, yes. Just to organize your thoughts as to where we are, we have a ground level, a nine and a half foot concourse for the lower stands, a 38 foot concourse for the upper portion of the lower stands and a 68 foot concourse for the upper stands. What you'll see here, the purple colors illustrate the locations for new restrooms and concession areas, the yellow is the location for crowd control and movement of fans. We intend to build new 32 June 9, 1988 concourses, much wider than existing concourses for better flow, we intend to... Mayor Suarez: Let me ask you, if I may interrupt you for a second. As a logical matter, if we had a principle tenant having many sold out games in the Dolphins. We no longer have that tenant, why does crowd control become an issue how when you have one less major tenant that can typically fill the Orange Bowl, when before, this was not an issue. At least I never heard it as an issue. I never heard it as an issue from the University, from the Orange Bowl Committee, except as to the sale of beer which we now have banned, I guess, in the last Orange Bowl Classic. Who gave you the indication? Was it the committee that gave you the indication that crowd control is a problem, was it parks, was it the Manager? Where does this become a problem? Maybe the Commissioner can answer that. Mr. Plummer: Mr. Mayor, maybe it's the wrong word. It's the flow of people, OK? Rather than security as we know security. It's how the people have to jam up presently to get in and to get out. Mayor Suarez: Because I'll admit that the flow is not the greatest. Mr. Plummer: OK, this... Mayor Suarez: But, in our case, where we're able to use those nice inside elevators, if I've had a choice of using those and the ramps, I've taken the ramps everytime. Mrs. Kennedy: Oh, yes, for sure. Mayor Suarez: Now, I politic on the way down and up the ramps, you understand, so there's some benefit there. Mr. Plummer: And you need the exercise. I think... Mayor Suarez: But, and we get a little exercise, you know, which, in the case of some of the Commissioners, it's something particularly needed but... Mr. Plummer: That's for damn sure. Mr. Sam Jankovich (OFF MIKE): Mr. Mayor, if I may... Mayor Suarez: I thought you were going to get into this. Mr. Jankovich (OFF MIKE): Right. If I may... Mayor Suarez: How come we meet three or four times a year and you never tell me about this business of the ramps? Mr. Jankovich (OFF MIKE): You never show up. Mayor Suarez: For your meetings? After I went to the half time of the thing and showed up with a $50,000 check and everything and now you're telling me I don't show up. OK. Mr. Sam Jankovich: If I may make this point very clear, crowd control is extremely important. Crowd flow is extremely important. The image and the perception that we set forth at our athletic events at the Orange Bowl and everything we do, is extremely important for this community and one of the great concerns that are out there naturally, is the crowd control that we have at the Orange Bowl. Not only with the Orange Bowl Classic but the University of Miami athletic events, so, therefore, it is only proper that we do right by the consumer but at... Mayor Suarez: Sam, if you had a choice of one of two alternatives to control the crowd and make sure the rowdyism was decreased and so on, and one alternative was to ban the sale of beer as we did for the Orange Bowl Classic and the other one is to spend, I don't know how many millions of dollars to redo the ramps, wouldn't it make sense to you to go with the banning of beer or some other less expensive method? I mean, we lose some money when we ban beer, obviously, but... Mr. Odio: $200,000 a year. 33 June 9, 1988 Mayor Suarez: $200,000 a year is equivalent to - small expenditure compared to $15,000,000. Mr. Jankovich: But, I think the other point which is extremely important to keep in mind in regard to the ramps, you know, if you take a look at the University of Miami football games, some - about ten years ago, we were generating about $67,000 in rent to the City. This past year, we're very close to $400,000, One of the things about college athletics is that it is a family event and we want, on a Saturday afternoon, or Saturday in the evening, a husband, a wife and two or three children to come to that ball park and we want them to come there and be safe and that there is room to where they can move. And beer is not the only problem, Mr. Mayor, because people consume before the game and they consume during the game whether you sell beer in that stadium or not, and so, therefore, you must take every step that you possibly can that the flow of that thing before the game and after the game, is in the best interest of those people who are at that ball park and I feel that having the proper ramps is extremely important and you set the issue aside of selling beer or not because there is an entrance and there is an exit that is extremely important and we live in a society where people are basically not very patient. And the only thing they want to do is hurry up and get there and hurry up and get out of there and if a catastrophe does take place, that people have to get out of there in a hurry. It's extremely important to keep that in mind. Mayor Suarez: Let me say something on that and there's been no catastrophe on the ramps that I'm aware of, but one of the interesting things about a similar kind of situation of crowd control, moving crowd control, is Calle Ocho with a million people. One of the things, I think, that keeps Calle Ocho from turning into a disaster is that people are moving all the time. Because if they had time to contemplate what had been done and the touching that goes on over there in Calle Ocho and so on, I have a feeling people get into a lot more fights. The same with these ramps, I mean, I've never seen people go up and down so quickly and have you witnessed any incidence? Do we have any record from the police department of people getting into fights on the ramps? I mean, I understand the issue of flow the Commissioner was talking about, of the spectators, but the implication that we have a security problem on the ramps, I... Mr. Dawkins: Mr. Mayor, we have to admit, I mean, I accept the fact that we got lousy ramps. I accept the fact that with better ramps, there'd be a smoother flow of people and I accept the fact that as the people move more swiftly and quietly, we're going to have less of a problem. Now, whether we sell beer, Coca Cola or lemonade, if we got 80,000 people to move, it's to our advantage to have a roadway, for the lack of a better word, that will facilitate the flow of people rather than one that sort of obstructs the flow of people. So, you know, let's, you know, if this is what we're going with, let's go with it, if it's not, let's don't. But, at 9:00 o'clock tonight, I'm going home. Mayor Suarez: With or without the ramps. Mr. Plummer: May I just interject o People have said, what about the future make a report. Last Saturday there was this City derived net revenue from one concert. on Mr. Dawkins: I need... thing, I guess it's a plus item? of the Orange Bowl. I just want to a concert in the Orange Bowl in which concert of $115,088. That's from one Mr. Plummer: We have a concert that is possibly going to be there in August. Don't - please. You'll cause me nothing but grief. If that concert comes about in August, this figure will probably double. Go ahead. Mr. Dawkins: Mr. Mayor, I got two questions I'd like to get out of the way, please. Mayor Suarez: Please. Mr. Dawkins: Number one, somebody tell me what we're doing in this phase for the, quote, structural maintenance? Now we do have structural repairs that we need to do in order to keep this a safe structure. So now what are we doing 34 June 9, 1988 in this phase with this money that we're spending? Because if you don't do it now, you're going to come back and tell me we need more money with which to do it. No, no, no, let Cundy or something... no, no, no I don't want nobody in charge of no facility that don't know a damn thing about structural engineering telling me about structural repairs. UNIDENTIFIED SPEAKER: But... Mr. Dawkins: That's what we're paying you for, go right ahead. Mr. Jim Jankovich: Yes, sir, if 1 may. We, as a part of the renovation plan, approximately 12 years ago, did a thorough and complete inspection of the facility, outlined numerous areas that had to be corrected. Those areas have been corrected and the existing management of the facility does a yearly inspection and does renovation work or repair work on a continuing process. That is an on... Mr. Dawkins: Is that included in this work? Mr. Plummer: No. Mr. Jankovich: No, that is an ongoing process. Mr. Plummer: No, that is something that is done every year, but it is included in the operational cost of the stadium. Mr. Dawkins: OK, all right, second question. Mr. Golby, Mr. Manager, or Mr. Barker, OK, for five years I've been complaining about the seating that this Commission receives. For five years I get seats that are in the upper deck. When politicians from around the country call asking me, not to give them seats, but to be able to sell them seats, I don't have anything to offer but something in the second tier. What arrangements can be made, is made or will be made so that 20 seats in an acceptable, reasonable position - I don't care where they are - as long as they're within the 50 yard line, something that's acceptable, that this City Commission can be entitled to 20 seats, not for themselves, but for other people, their peers around the country, dignitaries who come in and ask us for seating. Now, how can we... and I must say this, the Orange Bowl told me that Father Gibson was satisfied with those tickets and he doesn't understand why I wasn't. I'm not Father Gibson, OK? And Father Gibson was here ten years ago so there's a whole lot of difference. So now, can somebody tell me how we can do something with that? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Jim Barker: I'm Jim Barker, president of the Orange Bowl Committee this year and Commissioner, I've heard your comment and I'll be happy to work it out personally for you... Mr. Dawkins: No, if you all want my vote, you all will work it out now. Mr. Barker: Or you've got them.. Mr. Dawkins: You all will tell me we are going to do this, or we are going - OK? All right. Then it'll be worked out. OK? Mayor Suarez: You know, the very gracious... Mr. Barker: I will be happy - you got it. Mr. Dawkins (OFF MIKE): OK, that's all... Mayor Suarez: Jim, it was a very gracious invitation for myself, I don't know how the other Commissioners were treated last year, to attend the Orange Bowl. Except they asked me for $100, I think, for 2 tickets. Now, you know, Mayors of other cities typically go to their own facility for games, and Commissioners, without being asked to pay for it. Now, you guys... Mr. Dawkins (OFF MIKE): I don't want no free... Mayor Suarez: ... your public relations is a little... 35 June 9, 1988 Mr. Dawkins: The Mayor's entitled to it as a Mayor. See, I don't want the Miami Herald saying that I... Ohhhhh! I don't want the media saying that Miller Dawkins asked for better seating for free tickets. I don't want no free tickets, OK7 I want whatever the going price is, bill me for the number of tickets that you sell me and I'll get you your money. OK? Mr. Barker: You've got it. Mrs. Kennedy (OFF MIKE): Good tickets. Mr. Dawkins: All right, OK. Mr. Plummer: OK, can we proceed with this, I mean, if... because I want to get them finished -so we can get to the financing. Mayor Suarez: Public relations with the Commissioner aside, and you're so on, why don't we proceed with the proposal. See, that's what happens when you don't give us the tickets, your mike doesn't work and... Mr. Yaskin: The illustration we have here is the ground level concourse which is this level right here. What we intent to do is to collect all the current gates into the four corners of the Orange Bowl. Right now, we have gates for access along the front of the Bowl, numerous number of gates requiring security at each one of those gates. What we're going to do is collect all of the gates and put them in each of the four corners. The gates will have no restriction as to section or seating. People will be able to come to any one of the four gates, enter the ground level concourse and then, through graphics and proper signing, find the right location, their own section, be it on this side of the stands or on that side of the stands and this will be a secure concourse all the way around the stadium. Security will be minimized to four locations. Ticket taking will be minimized to four locations. Each of the four locations, if we look at this one location, will be through turnstiles and either directly into the lower stands, around the corner and directly up the ramps to the 38, 36 and 68 foot level, or if you're sitting in the center of the stands, lower level, down through the concourse and into the stands. Mr. Plummer: Rush it up. Mr. Yaskin: Again, crowd control. We're going to add concessions behind the stadium in the space that's currently not used for basically anything. What we call a garden type concession area. If we go to the nine and a half foot concourse, this level right here, the purple is concession space. Currently, most of that's available. We intend to add a very large concession area right here in the middle of the both north and south stands. Mayor Suarez: What's the cost, if you're able to tell, to separate it in that way of the concession space addition? Mr. Yaskin: We haven't gotten into specifics on cost. Mayor Suarez: I see. If there's any way to isolate for us, if not in this meeting, obviously, at some later meeting or by further documentation, the cost of additional concession space and remodeling that I'm sure goes with it, the improvement of the bathroom situation and a whole separate item for ramps because you're going to have a very, very tough time, for my vote, on the ramps so... but the other items, you know, seem to be high priorities, I think, for the committee and for the University of Miami. Mr. Yaskin: I think later on in the present... Mayor Suarez: And logically seem to be needed, you know. Mr. Yaskin: Later on in the presentation, Walter will be able to discuss the benefit of the additional concession space as far as increased revenues. Mayor Suarez: No doubt about the benefit, I'm worried about the cost. You know, we can always project benefits and additional revenues. We just want to know that the investment - we've been investing money on the Orange Bowl every year with the promise of, you know, additional benefits and revenues and so on, but we want to know the cost. You know, that's the initial investment, that's what's difficult for us. 36 June 9, 1988 Mt. Plummer (OFF MIKE): I don't think they brought the new seat. The new seats are nice. Mt. Odio: Mr. Mayor, let the ask him the question because I asked this question in the committee. In order to get concession areas, new concession areas and new bathroom areas, you told me you needed the new ramp. Is that so? Mr. Yaskin: I'll tie that in in one second. In addition, at this level, we are going to add in both of the northwest and southwest corners a provision for permanent handicapped seating. At the 36 and 68 foot level, this picture is basically the same. Currently, we have minimal restroom facilities and almost no concession space. The purple in this illustration is new concession space, the green is new restroom facilities. How do we accomplish or how do we acquire and increase the size of this? If you'll notice, in the cross section here, the existing space provided for concessions and restrooms is right now limited to this area I'm pointing to. We intend to use the existing concourse to expand our concessions and our restrooms, and in essence, double the size available and therefore potentially more than doubling the number of restroom facilities and the counter space provided for concessions. And that, in essence, is what requires, if we're going to use the existing concourses at the two upper levels, that is one thing that requires new concourses, other than the fact that it also will enhance crowd control and crowd flow. Mrs. Kennedy: Have you determined the number of restrooms you're going to have? Mr. Yaskin: I do have an illustration here of potentially what we can accomplish and I'll... Mr. Plummer: But isn't it basically more than double what presently? Mr. Yaskin: More than double. More than double. Mr. Plummer: Try and rush it up, Bill. Mr. Yaskin: In essence, again, I can show you the - this is the 36, this is the 68 I would like to have... as an illustration of what we're going to be able to do from the restroom standpoint... Mr. Dawkins: You know, J.L., you've used up your fifteen minutes already and told you wanted five minutes for this, five minutes for that, and five minutes for something else. Now, we either got to cut this short or cut out one of your others so we can get the hell out of here. Mr. Yaskin: I got one more line to say and I'm through. Mr. Plummer: I've asked him twice. Mr. Yaskin: At the 68 foot level, this is a typical womens' toilet. There are six water closets, four lavatories. This space will be turned into this space with double the facilities at this one location. Twelve water closets, eight lavatories. And that, in essence, is the proof of how it's going to be done. At this point, I'll turn the presentation over to Walter. Mr. Plummer: All right, all right, if there's no questions there, quickly, who's going to speak to financing of the project? Carlos? Mr. De Yurre: Let me ask you something. Water closets, is that the same as toilets? Mr. Plummer: More or less. Mr. Yaskin: Yes, sir. Mr. De Yurre; OK, I just wanted to make sure. Mr. Carlos Garcia; Although we have not made a detailed study as to the financing of the project, we have some rough numbers and we believe that a sixteen million dollar bond issue will cost the City about $2,000,000 a year. These will be taxable bonds because they are being used for stadium purposes. The department has worked out some projections as to what new revenues this stadium will bring. They're estimating about $2,000,000 a year. 37 June 9, 1988 Mr, Plummer: That's new revenue. Mr. Garcia: Well, yes, except for the tourist development tax which the City's already receiving and, of course, some decision will have to be made of how that money will be used, whether it should be going to the Orange Bowl or whether it should be going to the Knight Center or some other purposes. So we think the project is doable. The new revenues in the amount of $2,000,000 will be sufficient to pay for the bond issue although... Mayor Suarez: How much do we get from a seat charge right now, that we're expecting on a yearly basis? Mr. Garcia: They are projected $700,000. Mayor Suarez: And you're talking about $2,000,000? Where's the other 1.3 million a year going to come from? Mr. Garcia: OK, $260,000 from the increased concessions revenue. Mayor Suarez: We hope. Mr. Dawkins: Go ahead. Mr. Garcia: The new advertising revenue... Mayor Suarez: The increased concession revenue, the Commissioner was asking for it. Mr. Dawkins: Go ahead. Mr. Garcia: Advertising revenue from the scoreboard, $250,000. Mayor Suarez: We hope. Mr. Garcia: The tourist.. Mayor 'Suarez: We hope. Mr. De Yurre: Well, hold it, hold it. Isn't the commitment with that company that they get the revenues for the first ten years? Mr. Plummer: Of what? Mr. De Yurre: That new scoreboard. Mr. Plummer: No, we get all the revenues. Mr. Walter Golby: They only get a portion of the revenue. They... Mr. De Yurre: How much? Mr. Dawkins: J.L. say we get all, now who's correct? Mr. Plummer: No, no. We get the revenues but here again, I think it's got to be understood that that scoreboard is not going to be put in place unless there are long term contracts signed with the two major tenants. So, I mean, it's a chicken and egg. Mr. De Yurre: Yes, but my understanding was that they would put it up for free and they will get ten years' worth of advertising to cover for the cost and their profit. Mr. Golby: Exactly, and on top of that, you have the open window time on those scoreboards and the remote boards that belongs to the City for future advertising. That's what we're using. Mr. Plummer: Oh, I'm sorry, I misunderstood what he said. They are putting, at no cost to the City, the scoreboard. They will get the revenues from the advertising to pay for putting that scoreboard in, of course, After ten years, it belongs to us. 38 June 9, 1988 Mr, be Yurre: OR, now.:. Mr, Colby: But during that period of time, there are open windows on the scoreboard and on the remote boards which we will be selling advertising, Mr. be Yurre: OR, now, but you're not talking about just the Orange Bowl; you're talking about the remote windows that are going to be at Dinner Key, Mr. Golby: Yes. Mr. be Yurre: Knight Center and where ever else we're putting them. Mr. Plummer: There's four, isn't there? There's four. Mr. be Yurre: OR. so... Mr. Odio (OFF MIKE): Bayfront Park. Mrs. Kennedy: Bayfront Park. Miami Maduro Stadium. Mr. Plummer: Yes. Mr. De Yurre: So, as opposed to there being revenues for Bayfront Park from that source of advertising, you're not going to be giving it to Bayfront Park and Lord knows Bayfront Park is going to need it. And Dinner Key needs money and every other area needs money. But your say, that you're not going to give them a penny and everything's going to go to the Orange Bowl. Is that what... Mr. Plummer: No, what it is in effect doing is giving these facilities free of charge at no cost to the City. Now, needless to say, there's no free lunches, they've got to have some way to reimburse them for their cost. The cost of that scoreboard is what, a million and a half? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Two million dollars. Mr. De Yurre: I thought it was four. Mr. Plummer: We're getting a first class scoreboard that doesn't cost the City taxpayers a dime. After ten years it belongs to us. Mr. De Yurre: Wasn't it 4.3 million, where did I come up with that ,figure for the scoreboard? Mr. Golby: That includes the remote boards. Mr. Plummer: Four of them. Mr. De Yurre: OK, so how much is it going to cost, the actual Orange Bowl scoreboard? Mr. Golby: Four point three. Mr. De Yurre: What am I saying? Mayor Suarez: Including the remotes, yes. Mr. Plummer: Including the four remotes. Mr. Golby: Including the remote boards. Mr. De Yurre: Forget the remotes. The Orange Bowl scoreboard. Mr. Plummer: Two. Mr, Golby: Two million dollars. Mr. De Yurre, Two point what? Mr. Golby, Two million dollars. i 't 39 June 9, 1988 Mr. be Yurre: Two million, OK. Now, again, the point that l'm making is, that you're going to take income that should be going for Bayfront park from their advertising and you're allocating it to the Orange bowl. Walter. You can't explain it. Mr. Golby: Though all of the package... Mrs. Kennedy: Yes, get somebody who can then. Mr. Odio: Commissioner, the only... Mr. De Yurre: Well, but see, hold it, hold it, hold it, Cesar. Who's the director of parks and recreation here? Mr. Odio: He is. Mr. De Yurre: OK, he has to know what he's talking about. Mayor Suarez: Who ever the Commissioner wants to hear from? Who do you want to hear from? Mr. De Yurre: I want to hear from him. Mr. Odio (OFF MIKE): Go ahead, I'll let you talk. Mr. Golby: The remote boards are being paid for by the Orange Bowl. Mr. De Yurre: How are we paying for that? Aren't we getting it... Mayor Suarez: Did you say by the Orange Bowl? Mr. Golby: Yes. Mr. Odio: The reason that we're getting the remote scoreboards is that you have... Mr. De Yurre: Cesar, Cesar, Cesar, no, hold it, hold it, hold it. He's in charge of his department.. Mr. Odio: Yes, he is. Mr. De Yurre: You know, I know you're responsible for everybody in the City, all four thousand` employees', ,but, you know, these guys got to know what they're talking about and they got to be able to express it to us. Mr. Plummer: All right, let me try to answer it for you. Mr. De Yurre: J.L., J.L., I'd like to hear from him. Mr. Plummer: OK. Mayor Suarez: Walter, and when you explain it, when you say it's going to be paid by the Orange Bowl, that is a fiction because there's no such entity as the Orange Bowl that can pay anything. Now, it's either the City, from the operations of the Orange Bowl, the Orange Bowl Committee, and I don't think that they have come forward offering to pay for this or something so explain it so that the Commissioner can get his answer, please. Mr. Plummer: It's a simple answer. Mr. Golby: Because of the contract with the Orange Bowl, you're getting the remote boards also. Mr. De Yurre: The $260,000 is going to go directly to the Orange Bowl. Mr. Odio. Yes, sir, because... Mr. Plummer: ,No, that's not true, no, no. answer it for you, Victor? Mr. De Yurre; Go ahead, J,L. First and foremost,.. can I.try to 40 June 9, 1988 Mr, Plummer: All right, first and foremost, this scoreboard with four remotes will be of no cost to the City, 0KI The actual Orange Bowl scoreboard, first class, will be two million dollars. The four remotes are 2.3. There is no revenue going into the Orange Bowl. The revenue derived from the basic and the four remotes go and reimburse and pay the company who put them in. Mr. be Yurre: For a ten year period. Mr. Plummer: Exactly. Mr. De Yurre: OK, the $260,000 that are generating from the air spate, or the 90 some percent that we are supposed to be getting... Mr. Plummer: Yes, sir. Mr. De Yurre: OK, the point I am trying to make is, that money should go, the one that is in Bayfront Park should generate money for the Bayfront Park. Mr. Plummer: Then, what Bayfront Park would have to do is to pay for their own, or in fact, make a side deal or a separate deal. Mr. Dawkins: I move that, because you all seem to be going through a lot. I move that whatever you are talking about doing, let's do that. Mr. Plummer: That's fine, if you can get a company to do it, that's fine, there is no problem with that. Mr. Dawkins: Well, but then, I agree with him. If this guy is going to put it at the Orange Bowl, then he is entitled to the Orange Bowl! Mr. Plummer: Exactly. Mr. Dawkins: OK? Now, as Victor says, and if somebody wants to do it at the baseball stadium, they do it, but... Mrs. Kennedy: Get the money, let... Mr. Plummer: Fine, what you are saying is that in the remote locations, if those locations want to get a company to come in and can, to put it in, fine, there is no problem with that. Mr. Dawkins: And if a guy don't want to put the Orange Bowl in, for the receipts for the Orange Bowl, then let him go someplace else, that's all! Mr. Plummer: Well, but I think what you ought to remember, in those four... Mr. Dawkins: No, I am not going to remember anything. I want you to understand that we have gone as far as we have gone with these people at citizen's expense. Now, if the guy at the Orange Bowl, with the sign... Mr. Plummer: Yes. Mr. Dawkins: ... scoreboard, thinks he has got a good thing, then let him participate. Mr. Plummer: Fine! Mr. Dawkins: OK, but don't let him come in and tell me this is the best thing since high button shoes, and you take this, and I am going to take these shoes over here, this pair of shoes and this pair of shoes. That is all Victor is saying. Mr. Plummer: Because simply, if you get a company to go in and put in the remote, they are going to want the same deal, and there is not going to be any revenue. Mr. De Yurre: What I think is that the company doesn't care where the money goes, as long as they get their ten years free, and I will ask Rosario who is in charge of, you know, she has got the Bayfront Park project going, you know, wouldn't Bayfront Park like to have $100,000 from advertising right there? They are going to be using their land. 41 June 9, 1988 Mrs. Kennedy: Absolutely. Mr, Plummer: Yes, but that is not going to happen. That is the fallacy, victor. Mr: be Yurre: The thing is, J,L, ,,. Mr. Plummer: If a company goes into Bayfront Park, and puts up the same kind of a marquee, they are going to want, if you put it in free of charge, they are going to want the revenue for ten years to pay for it. Mr. De Yurre: But, what I am trying to say, J. L., is that we, the City of Miami, we are going to get $260,000, They don't care if we take a hundred an allocate it to Bayfront Park. They don't care, right? Mr. Plummer: Fine. Mr. Odio: And I don't care either. We can do that. Mr. De Yurre: You know, you don't care, either, Mr. Odio: I will do it that way, and then we will pledge some other dollars to this. Mr. De Yurre: OK, then what happens is that we are going take $100,000 for Bayfront Park, then we only $160,000 for... Mr. Odio: Fine, so we will... Mr. De Yurre: to cover the $2,000,000, and then if Dinner Key wants that, so, what I am trying to say, is that we in reality, don't have $260,000 to pay... Mr. Odio: Yes, we do,because what we will do, we will allocate funds from the net profits of the Orange Bowl to this and place some advertising. This is something.. Mr. Plummer: No problem. Mr. Odio: It is the same City dollars. Mr. Plummer: Yes. Mrs. Kennedy: And the Marine Stadium and the Hyatt, which has a deficit, and all the others. Mr. Plummer: All right, is there any other questions in reference to financing? Mayor Suarez: Yes, I have one. I think you have got pretty clear indication from the Commission now on how we would be disposed to go on the issue of the scoreboard, I think. Carlos, you were trying to give us a complete $2,000,000 package, and I don't know where I heard, not at this hearing, but from someone, or from a memo, or someone I discussed this with from staff, maybe it was a discussion with the Manager, that part of the $2,000,000 a year in stream of revenues that we would need from the bonding would have to come from the resort development tax, otherwise known as the bed tax. Mr. Garcia: That's right. Mayor Suarez: How much are we talking about there? Mrs. Kennedy: Yes, how much, how are you going to do that? Mr. Plummer: About half. Mr. Garcia: That's right. The project has"$785,000 out of the bed tax. Mayor Suarez: I don't even have to tell you, all of you, and the Manager, and I don't know that the Commissioners . the committee has actually made this recommendation, I presume they haven't because what you are looking at is really the improvements that need to be made and the way to keep the Orange 42 June 9, 1988 r Bowl Classic and the University of Miami playing there, I don't know that you have gotten into the actual financing of all of this, but for my vote, there is absolutely no way that I would spend one cent in bed tax monies to improve the Orange Bowl. We have got to be ready to spend money for an exhibit facility in the City, which is a high priority, we have got to be ready to spend money possibly, seed money, or part of the package for renovations or erection of a whole new stadium for major league baseball, and those to me are much higher priorities for that money from the bed tax, and this of course, is not your... you were asked to present a package, so these are not your recommendations, but I want to caution, as to one vote, how I feel about this. I want to work with the University of Miami and I am extremely disposed to take the funds generated by this facility and put them back into this facility, even though I think that some times it there comes time for that facility to be able to subsidize the rest of the City's projects, because this facility is fully paid for and the land that it is on is worth a lot of money and if we have to pay debt service on it, it would be a money loser, although it is a money winner right now and I happy to hear the Commissioner telling us of future activities there, and I think that maybe the newspaper distorted a little bit our ability to continue getting these events and continue making a profit on the Orange Bowl, but not to the extent... our commitment is not to the extent of taking be taxes and pouring them into the Orange Bowl at this juncture. We've got two other things the people of Miami are looking to have and they are crucial to this community and that is just for my vote, so don't for me, even mention using the bed taxes. Mr. Dawkins: OK, since this is open confession, let me confess. We, this Commission, appointed J. L. Plummer as a commission of one to go and represent us, sit down with the Orange Bowl Committee, the University of Miami, work out a solution that would be beneficial to both of us, and come back with a solution. J. L. Plummer went, negotiated, reported back to this Commission his findings; this Commission concurred and told J. L., go ahead. J. L., went out on his own and committed this Commission, at our urging, that we support what he negotiated. Now, we are saying to J. L., we didn't mean it. We really weren't sincere when we told you to go and represent us, and we were kidding when we told you that what you negotiated, we would go along with. Well, I cannot do that. I told him I supported the things he worked out with the UM, and that he worked out with the Orange Bowl. I will have to be voting with it, regardless of whatever it is. I am anti -bond issue, but I voted and worked hard for the school board issue because I thought that was a bond issue that was needed, and just as we told Commissioner De Yurre that he should go and attempt to find a way to bring a major league baseball to this town, if he goes and tells them that we will do it and they say the only way they will come is they have to have a bond issue because I, as a Commissioner recommended to Commissioner De Yurre that he go do it, I would get out in there and help him pass the bond issue, and I for one think that if J. L. made a promise on the behalf and the strength of us, I would have to support him. Mrs. Kennedy: Miller, how come you appointed me to head the Bayfront Park and then you voted against me? Mr. Dawkins: I voted against it because you got too damn much money spent down there in that Bayfront Park. You also got $500,000 coming again from the State of Florida and you all have not spent one penny in the inner-city parks and you promised me... Mrs. Kennedy: Oh, yes, we have! Mr. Dawkins: ... last year, that if I went along with the $750,000, that would help me get the $750,000 for the inner-city parks, and you went right up there and got $500,000 for your park. That's why I am not with you. Mrs. Kennedy: OK, that is another issue and this is not the time. Mr. Dawkins: OK, well you.,. I didn't open it up. Mr. Plummer: Let me... Mr. Kennedy: But, we both went to Tallahassee together and both lobbied for the inner-city parks. OK, just setting the record straight. Mr. Dawkins: And all jokes aside, we got money for it. 1d 43 June 9, 1988 0 0 Mrs. Kennedy: OK, and we got money for it. Mr. Plummer: Mr. Mayor, can I wrap this up? Mr. Jankovich: Mr. Mayor and Commissioners, if I may... Mayor Suarez: Wait, wait, Sam. What do you want, Commissioner? Mr. Plummer: No, no, that is what I was asking is, to wrap it up, please, with Sam to speak in behalf of the University and Jim to speak in behalf of the Orange Bowl. Mr. Jankovich: I was told by... yes, sir. Mayor Suarez: Sam, before you say anything, I am not going to tell you what to say, obviously, because you are entitled to say whatever you would like, but remember, that we are involved in some very difficult trade-offs here, and your recommendations are extremely important to us. We, as a highest priority, want to keep you and the University at the Orange Bowl, but we have got to make these trade-offs and we have got competing interests. Go ahead. Mr. Jankovich: Well, Mr. Mayor, you have made many important decisions since you have been the Mayor of this City and in other positions you have had, as well as the Commissioners. I can only relate to you how strongly I feel about the recommendation that has been made by your Commissioner. I think, one, you have a decision to make. Do you want to have a first class facility or not, and do you care to look into the development impact that the Orange Bowl has had on this community with the many different football games that have been played there and without a doubt, one of the best bowl games in the country, the Orange Bowl Classic, and then that particular weekend, the revenue flow that that brings to this community. Secondly, I caution you, is that there is a tendency in this community is not to worry about what you really have, but to exert yourself to attract something that you don't have, and I think what we have to do is make certain that we protect and take care of some of the good things that are happening within this community. We come to you with these improvements and you can make that decision, that vote, anyway you like, and the University of Miami at some point then will have to make another decision, but we come here with the great concern of the image of this community, but secondly, a great concern of the consumer who comes to that game - the many women, and men, and young people, who want to have make certain that they are comfortable, that they have adequate rest room facilities, that concessions are right, and when you look at the financial plan, and you look at the developmental impact, if you vote this down, you are making a mistake, because the University of Miami is making a very strong commitment, that dollar surcharge for every person that goes into the ballpark, generating over $350,000; secondly, we are one of the very few major football programs in the entire country, that is not receiving any proceeds from the concession stands, none whatsoever. And the people we compete with, who are public schools throughout the entire country, get a good share of the concessions, we have said, take that concession money, put it into the improvement of the stadium. So in closing, the only thing I could say, on behalf of the University of Miami, we strongly recommend the improvements, if you don't improve them, we can live and then make a decision, but we would have to, but I do think it would be a mistake for this City as far as its commitment to excellence, and taking care of the people in the community. Mayor Suarez: Sam. Sam. Mr. Plummer: Do we have any questions? Questions? Sam, come back to the mike, and I am going to ask Jim the same questions of you, so that is understood by my colleagues. OK, number one, you are willing to negotiate a contract to what date? Mr. Jankovich: We are willing to negotiate a contract ten years up front with five year options for twenty years. Mr. Plummer: That's beyond 1991, Mr. Jankovich: That's right. Mr. Plummer: The second comment I wanted clear, because you have been extremely adamant about, that if in the fact, these improvements are not made, that you would not pay the surcharge. 44 June 9, 1988 Mn Jankovich: We would not pay the surcharge, that's for certain. Mr. Plummer: And the third question is, that if another sport was considered in that facility, your reaction? Mr. Jankovich: We are in full support that the Orange Bowl should be a multipurpose facility, but we are totally opposed of major league baseball coming in and being tenant because, the University of Miami, we feel with our football program, has to be the primary tenant and the message that is put out throughout the entire country, is that baseball and football is not a good marriage, as far as sidelines and the facility itself, and then also it is not a good marriage, because of the time of the year that football and baseball are being played. And nationally, I believe the Commissioner of Baseball has made it very clear, their stand as far as the joint stadium, and everybody who has one, wishes they didn't have one, so we are opposed to a stadium that would house both football and baseball. Mr. Plummer: OK, Jim. Mayor Suarez: Let me, before that, let me ask the Manager a question, because I am a little troubled by this answer now, on the issue of the surcharge on the tickets. We were not, Mr. Manager, told that the University of Miami was only willing to have a surcharge imposed if we did $16,000,000 worth of improvements. I hope sometime and between now and the time that we make the final determination on this, you clarify that for me, because I voted for the surcharge, on the basis, simply that the University of Miami was willing to have that imposed, with the hope that that money would be used for improvements to the Orange Bowl, and if it is a precondition for this entire package, that came... I don't want to accuse anybody of a mis because that is not my business here, but it certainly wasn't made clear the last time around. Mr. Odio: It wasn't tied to $60,000,000, but it is definitely tied to improvements to the Orange Bowl. Mayor Suarez: In fact, I thought actually, we were beyond that to tell you the truth. Now, let me be strictly technical about that. I thought we approved the surcharge, and I thought you approved the surcharge unconditionally. Is that not the case? Let's get that clarified. Mr. Jankovich: Mr. Mayor, if I may add, because I... Mayor Suarez: Well, I'd be happy to hear the University's position, but I'd like to know the City's position, Sam, because you were not the one advising us on this last time. When we voted on this, we thought we had an arrangement with the University of Miami. Mr. Odio: In the case of the University, that it would be tied to major improvements to the Orange Bowl, then they would increase the terms of the contract, and therefore, that's what was negotiated. Mayor Suarez: The posture with phase I and phase II, we approved phase I, we said phase II was to be considered, and it wasn't clarified. Mr. Odio: We never tied to $60,000,000, that was not, but it is tied to improvements to the Orange Bowl. Mr. Plummer: Major improvements. Mayor Suarez: And that's really my next question, so we don't argue here about it, you know, exactly what we were doing before, but rather, what we are going to do in the future to try to accommodate all the interesting questions. Sam... Mr. Jankovich: But, I only think that I am here, Mr. Mayor, that I want to make it very clear to where I am coming from. See, we will go along with this surcharge, only with substantial improvements in the Orange Bowl, and if they are not substantial, we will not go along with the dollar surcharge. We have made a commit... Id 45 June 9, 1988 U Ll Mayor Suarez: OK, Sam, that was not told to us last time by our own staff, so... Mr. Jankovich: We have made a concession, in regard to the concession money, that we are not participating in any concession monies, no percentages, nor anything else and those concession monies are going toward improvements of the Orange Bowl, which is necessary. Mayor Suarez: Well, Sam, I presume, it is not the University's position that for you to be allowed to have a surcharge of, I believe it will produce $700,000 a year roughly, that we must, in effect, match that almost two to one with those expenses allocated for the Orange Bowl, plus a total of almost $2,000,000 a year, which is almost a two to one match. I don't think that's the University's position. That's what I am trying to get at now. What are the items of these improvements, you are talking substantial, can we just... we are not going to argue about this today, you know, the entire day, I hope, because I, for myself, I'd much rather just take a little more time to contemplate all of this, but if you are able to... of the improvements that are being mentioned here, roughly defined as the improvement in the concessions, the improvement in the bathrooms and the improvement in the ramps, what are the key ones that you have to... Mr. Plummer: Also new seating. Mayor Suarez: And seating. What are the key ones, if you have to, and of course, the score board, which presumably pays for itself is not really a trade-off situation. What are the keys ones, from your perspective, if you are able to tell us, for you to be able to contemplate staying there for a lengthy period of time?... understanding that you change your mind with time, and you might need improvements as time goes on. Mr. Jankovich: Our whole attitude during the many meetings that we have held on this particular issue, that there was going to be a commitment with very little cost to the taxpayers of this community, of developing a first class facility, and to be very honest and candid with you, I really do not think that if you are not willing to make that commitment, then therefore, you shouldn't put any monies into the stadium, and let it be as it is, and make the improvement on a year to year basis. For me to stand here, and tell them... excuse me, Mr. Mayor, you asked me a question, I'd like to answer it. Mayor Suarez: I'm listening, Sam, I'm listening, but I don't think you are being reasonable. Mr. Jankovich: If you tell me the ramps aren't important, I have a hard time telling you they are. If you tell me the rest room facilities aren't important, I would have a very hard time telling you that. The concession stand, which is going to generate money to offset the cost, the seating in that stadium, which is extremely important, if you are going to make a commitment and to keep this stadium over a period of time, do it right, or don't do it, as far as I'm concerned, where I sit. Mayor Suarez: Actually, you answered my question, because you left the ramps out, which is one of the things I... Mr. Jankovich: No, I said the ramps. Mayor Suarez: I can't believe that that would be the University's position, but we shall see. Mrs. Kennedy: You just made a statement that baseball and football don't mix, and it is my understanding that there are a lot of stadiums where they have both of these facilities and I just ask for a list: San Diego, Cleveland, Pittsburgh, Cincinnati, Atlanta, St. Louis, San Francisco and Seattle, that are very successful ones. Mr. Jankovich: If you were to call them, Commissioner, or Vice Mayor, and asked them if they were pleased and if they had to do it over again, they surely wouldn't. If you take a look at the trends as it is today, there are no joint stadiums being built. If you are to take a look at Denver right now, that they are building a separate stadium to seat 35,000 or 40,000 for baseball. If you were to take look what is happening in St. Pete, there is a tremendous attitude throughout the entire country that joint facilities operating for both football and baseball just do not work. 46 June 9, 1988 0 0 Mr. Plummer: Well, Sam, I think also one of the important facts is that the baseball Commissioner has stated emphatically that there will be no expansion teams, or transfer of existing teams in a facility. It must be only for baseball period They also include that there must be 15,000 parking spaces. The Orange Bowl, we only have 4,400. Jim, would you please wrap up very quickly? Mr. Barker% Sure. Mr. Plummer: And i apologize to the Commission for... we tried to hold to 15 minutes. Mr. Barker: Thank you very much. Well, it is an important issue, Mr. Commissioner, and I commend you for the work that you have done. I think you have been a great committee chairman. As president of the Orange Bowl Committee, I come before you representing 178 volunteers of your community here that, we try to highlight this City and this County once a year with a great festival that has 54 years of tradition, as you all know. I would sincerely hope that you would endorse these improvements for the stadium, because as we travel across the country, - and next week I will be in Boston for the CIFOA meeting, which is a college independent for that area, which are Penn State, Notre Dame, and Pittsburgh and those folks might be down here one day, but in our travel, we represent this community to a high degree. But we get a lot of comments too, like: "When are you going to improve the Orange Bowl stadium? Are you going to play in Joe Robbie's stadium? What are you doing about additional rest rooms? It is so hard to get down from the stands." - and on and on, and we continually chide them and talk to them about the improvements and tell them that we are working with the City Commission in the City of Miami and we hope we can reach some agreement. We endorse these improvements and we are willing to negotiate down the road, to stay there. The Orange Bowl Festival brings in a ton of revenue every year. It take a lot of valuable time from the folks who work and highlight this City. As you recall, a couple of weeks ago we came before you and we changing the parade route, for specific reasons, so that we can get good shots of the great skyline of the City of Miami and showcase this to the world, which is what we do. Mr. Plummer: Jim, you have been willing to extend your contract in the same terms of the ten and five. Mr. Barker: Yes, we would be willing to negotiate when our contract expires, for a ten year extension, plus some renewals and there are things down the road that I can't mention at this time, that we are pursuing with separate subcommittees that will highlight the City of Miami even more. Mr. Plummer: And you are willing, we understand you can't by your rules and regulations pay a seat charge, but we understand you are willing to pay additional rent. Mr. Barker: Yes, sir, we are going to negotiate that, and last year we paid over $200,000 for rent for one game and as you recall, we have had four national championships this year, so we have a lot riding on this stadium. It's been in the City of Miami. We want to keep it there. It is paid for. Let's improve it and make it what it is, or it should be, a first class stadium. Mr. Plummer: If none of my colleagues have any further questions, I would make a motion at this time... Mr. De Yurre: I've got plenty of questions. Mr. Plummer: I understand. Mr. De Yurre: Plenty. Mr. Plummer: At this time, OK, I would like to make the motion at this time that we send all of this to the Manager for a final negotiation, to come back before this Commission on July 28th. In the interim time, the committee will be happy to meet with any one of the Commissioners to go into full detail and try and answer any questions that they have, so that hopefully, by the 28th of July, that this Commission can make some final decisions in reference to this ld 47 June 9, 1988 ongoing committee, and Mr. Mayor, if that motion is in order, I will make sure that the architects prepare in book form so each and everyone of you would have it. The Finance Department would outline even clearer in the financial picture, and that the Manager would hopefully be able to come back with some final negotiated contract for this Commission to accept. I would so move. Mayor Suarez: So moved. Do we have a second? Mrs, Kennedy: I tell you the problem, J. L., is that the Manager has expressed... Mr. Dawkinse I second it. Under discussion. Mayor Suarez: Moved and seconded. Madam Vice Mayor, under discussion. Mrs. Kennedy: The Manager has expressed and the Mayor has expressed that he needs time to study the issue and it is the policy when one member of this board needs more time to go ahead and give it to them. Mr. Plummer: No, I am not asking for a decision, not at all, I am doing exactly, I think, what the Mayor asked for, to have the opportunity in the month's period of time, to... Mayor Suarez: But, you want us to approve it in principle, is the problem. I... Mr. Plummer: No, no, I am not asking to approve anything in principle today. Mayor Suarez: I thought that was what the motion was. Mr. Plummer: No sir. Mayor Suarez: Well, what is the motion? Mr. Plummer: No, sir, no, sir. All I am saying is, take everything that we have had presented here today, sent it to the Manager, let him come up with a final agreed kind of a contract and present it back to the Commission on the 28th. Mayor Suarez: If you would make that, and send it to the Manager for his recommendations on the 28th, I would have no problem with the motion. Mr. Plummer: That's exactly what I am saying. His final draft would be recommendations. It's something to... Mayor Suarez: But I don't want the implication of the motion, if I vote for it that I am agreeing in principle to the whole package. There is just no way I can vote for it at this point. Mr. Plummer: Then I will withdraw my motion. Anybody else want to make one? Mayor Suarez: No, no, I mean, is that acceptable, that it... Mr. Plummer: It is acceptable to met Mayor Suarez: ... is not approval in principle. We are referring it to the Manager for final recommendation or for recommendation whether it is final or not on July... what was the date? Mr. Plummer: And in that interim period of time, each Commissioner will have the opportunity to sit down with delegated members of the committee to answer any questions that they would have. Mrs. Kennedy: I have no problems with that. Mr. De Yurre: Mr. Mayor... Mayor Suarez: So stated, I would vote for it. Commissioner. Mr. De Yurre; I think that, in all fairness, we have had the positive of this proposal expressed, and by the same token, I think we have to use this forum to air out other issues, not issues that should be discussed behind closed 48 June 9, 1988 doors, 1 want, you know, let's get the whole picture in this situation, We have Bob Allen here, with the Sports Authority, and I know he has some comments on this issue I'd like to hear. Mr. Dawkins: (OFF MIKE) What does the Sports Authority have to do with the Orange Bowl? Somebody tell me, Mr. De Yurre: Well, he is here as an individual, let's put it that way: Mr. Plummer: No, that's fine. Mr. De Yurre: OK, Mr. Dawkins: (OFF MIKE) No, hold it, hold it. Mr. Robert Allen: Commissioner Dawkins, I can answer that question, Mayor Suarez: No, no, no, Bob. I would hope that we would clarify, Commissioner, your question, because I have some views on it, so if you want to restate... Mr. Dawkins: Yes, what does Mr. Allen have to tell me in reference to how I should vote about the Orange Bowl, and he is in charge of the Sports Authority, that's what I need to know. Mayor Suarez: One thing, obviously, since it is a Sports and Exhibition Authority, since we are talking here about spending bed tax monies, which I understood was supposed to be for an exhibit facility, and of course that is why we call it a Sports and Exhibition Authority, that would be one issue, but besides that, I would hope that the Sports and Exhibition Authority... wait. Mr. Plummer: No, you are mixing apples and oranges. Mayor Suarez: That's what your proposal is doing, but... Mr. Plummer: No, no, the two percent money has nothing to do with the Sports Authority. Mayor Suarez: The ResortDevelopment tax. Mr. Plummer: It does have to do with an exhibition hall, yes. Mayor Suarez: _ Right, and besides all of which, the Sports and Exhibition Authority, as far as I am concerned, can recommend to us anything related to sports, and this is certainly one of those items, but at some point... Mr. Dawkins: Well, you say that's... I don't have no problem with that, but just like you tell J.L. that you can't vote for his stuff, I can't vote for his. Mayor Suarez: Fine. Mr. Dawkins: You know that is why they got five of us up here. Mayor Suarez: Right, but I mean, that doesn't mean we don't hear from the Sports Authority and what they feel about this. Mr. Dawkins: They we make a motion, and get three votes, we don't. Mayor Suarez: You can make your motion if you like. Mr. Dawkins: No, no, no, I don't want to, but you are telling me how I can and cannot do. Mayor Suarez: I'm telling you that ,it makes sense to hear from the Authority, Mr. Dawkins: I don't have to hear from him if I get three votes, Mayor Suarez: Fine, you can make that motion, Mr, Dawkins: OK, but is that a fact though, Mr. Mayor? Is that a fact? If I make a motion and get three votes, I don't have to hear from him? Is that a fact? ld 49 June 9, 1988 Mayor Suarez: You can close discussion on any item if the Commission majority votes not to hear discussion on an item, yes. Mr. Dawkins: OK, that's all I ask. Mayor Suarez: Jim, Commissioner De Yurre, I think... are we going to finish with Jim before we get to Bob? Mr. Dawkins: I'll hear him because Commissioner De Yurre wants to hear him. I just want to know in what light I am hearing it in, that's all! Mayor Suarez: Right, Mr. Dawkins: I am respecting his right to hear him. Mayor Suarez: Absolutely. Mr. De Yurre: OK, go ahead, Bob. Mayor Suarez: Wait, wait, we are going to finish with Jim, because I want to ask him a question. Mr. De Yurre: Go ahead. Mayor Suarez: You know what it is going to be. Jim, it is not my particular concern, but it is the concern of people in the City of Miami, that the Orange Bowl Committee is not doing particularly well in its minority membership and I want to remind you to convey this back to the committee. The City of Miami is composed roughly, and this is just a rough estimates, if you include Hispanics, blacks and women, 90 percent of our population is my estimate, because almost 60 percent is Hispanic, 20 some percent is black, and of the rest, I assume roughly half are women, so... Mrs. Kennedy: 54 percent. Mayor Suarez: Right, so a little bit more than half, so that is about 90 percent of the entire population falls into one of those three categories, and the Orange Bowl Committee is not doing particularly well in that. Now, I know that there are all kind of factors, and I have seen your quotes, and so on, and this is not my concern, I have to tell you. I personally don't care particularly who sits on the Orange Bowl Committee, because I think that you spend a lot of your time on it, and I think it is a lot of valuable time and it is a worthwhile effort and it's a traditional organization that has added much to this City. However, a lot of my constituents do care, and I've gotten a lot of phone calls from them, young, eager to participate, whose names have been submitted and what the problem is, and you ought to convey back to your committee that when the time comes for this Commission to consider recommendations of the committee, you know, we would like to see some participation of people who roughly represent, in some way, or least are heading in a direction of representing roughly the constitution of the City of Miami. You may or may not want to answer that, but that is just something I think ought to be conveyed to them, because I've gotten a lot of calls about that. Mrs. Kennedy: I echo that sentiment. I think that to say the least, you have been a little insensitive to the makeup of our City, and I have also gotten a lot of phone calls and complaints. Mr. Dawkins: Well, I just have to say that I am happy to see that there are two others up here who join me. I have been saying this ever since I've been here. I said that the Orange Bowl Committee was not representative of the community. I've also said that when the Orange Bowl makes junkets to select teams around the country, you do not see people like us up here on it. We do not get a chance to go an scout the teams and have a good time, like everybody else, and I... it's been addressed, but now with three members up here saying the same thing I've been saying for five years, it may get addressed... Mr. De Yurre: Make that four. Mr. Dawkins: Four... it may get addressed a little quicker. 50 June 9, 1988 Mr. Barker: If I may respond, I will echo your sentiments, Mr. Mayor, in regard to your early statements concerning the press, because the first shot out of the barrel by Mr. Tasker was incorrect, I did not say that. I tried to explain the entire festival to him with the makeup, and then, as I stated in the newspaper, I was disappointed, I voted for all three that were proposed. I want to advise you though, Commissioner Dawkins, that we do have a black, Bob Simms, and a Latin, Les Pantin, Jr. on the team selection committee, who will be traveling this year. Maybe we haven't moved as fast as we should. I know there is a great concern on the committee for the complexion of the community. I think sometimes this overshadows the tremendous amount of work that we do and the volunteer effort that we put in and I am with you, I understand what you are talking about. I know where you are coming from and we are going to address this. Mr. Dawkins: Tell you what, I will make you a deal. At the next Orange Bowl game, I am going to get a picket line and I am going to march around the Orange Bowl telling you to show me the blacks on the Orange Bowl. Then, when I get all of the media, I want you to bring me all the total number of blacks on the Orange Bowl, and then bring me the total number of blacks and Cubans you got. You want to do that? That's a deal? Mr. Barker: No, I don't think that is necessary, Commissioner. I mean, you have got me, and I'm addressing you and tell you what I am trying to do. Mr. Dawkins: But, you see, you addressing me, and telling me what you are trying to do. Mr. Barker: Yes, sir. Mr. Dawkins: I want you to address me and say that we, the Orange Bowl, are going to correct this, and then when you tell me that, then I can go out and tell my constituents, Rosario can tell her constituents, we can tell our constituents, this is going to be addressed! See, don't tell me, we working on it, and then when I get back, and next year, you look at the Orange Bowl Committee, it is not addressed. Then you see blacks and Cubans represented and the good ole boys say: "Well, you know, their parents didn't come over on the Mayflower, so therefore, they can't be a member of the team." Mr. Barker: Well, we... I am one vote, Commissioner Dawkins, but I can assure you the process proceeds and the committee votes, I can't guarantee you that, but I can tell you that I can talk to the folks and we are going to do the best we can, and I'm sorry in that same regard, Miller. Mr. Dawkins: Well see, you and I have been on this, and I've been one vote up here, and you have been one vote out there. Now, we got a majority up here. Mr. Barker: Well, I think... Mr. Dawkins: And so you've got to get a majority. Mr. Barker: Yes, sir, right. Mr. Dawkins: All right, that's fine, so we still work together. Mr. Barker: Yes, I will. Thank you very much. Commissioner De Yurre, do you have any questions? Mr. De Yurre: No, not at this time. Mr. Barker: I'm sorry I missed you yesterday afternoon, but maybe we can get together soon. Mr. De Yurre: OK, thank you. Mr. Jankovich: Commissioner, may I please ask one question? And I think it is a critical question as far as we are concerned, not only with the improvements we are discussing, as far as the future, whether it is fifteen, sixteen, or $14,000,000, but the future of the Orange Bowl. You as a Commission are up here questioning whether or not the bed tax is going to be put into the Orange Bowl, as the bed tax has been put into the Orange Bowl for the improvements. Now, are you saying, that what you are really questioning, that these bed tax monies that have been going into the improvement at the I 51 June 9, 1988 Orange Bowl are no longer going to take place?... because if that is the case, then we have real serious problems with the maintenance of the Orange Bowl as It is today, and that's a very critical issue, so when you discuss the $2,000,000, the $780,000 of bed tax money that is involved with the improvement of the Orange Bowl each year, and now if you are saying that is no longer going to be there, then maybe, the discussion is a lot more serious than what we think. Mr. Plummer: Well, that is what I was going to deal in later. Let me answer that very quickly. When the bed tax was passed by the legislature, 20 percent of that money was dedicated the Orange Bowl. That was in the original agreement. When we went into this interlocal agreement with the TIC and TDC, they in fact, released the City from that stipulation of the Orange Bowl per se, and said to Sports that inter -local agreement goes from year to year. If for any reason this City does not enter into an inter -local agreement in the following subsequent years, the Metro Commission can in fact, revert that back to just the Orange Bowl itself. Mr. Robert Allen: Commissioner... Mr. De Yurre: Bob. Mr. Allen: Thank you. Mr. Mayor and Mrs. Vice Mayor, Commissioners, my name is Robert Allen, I am the chairman of the Sports Authority Sports Committee. I am here in an official capacity, not individually, and the reason that I interpret my job on the Sports Authority to include the Orange Bowl is because of the language of the statute and the ordinance that created the Sports Authority, and that job includes, quote, to promote sports to the great extent feasible and quote, to endeavor to attract professional sports franchises to this City. It is the unanimous position of the members of the Sports Authority, present at our last meeting, and the members of the subcommittee on sports, that we recommend as an entity to the Commission that you defer action. It is not that the authority is against renovations to the Orange Bowl. It is that it is a very complex issue, and the way the matter is proceeding, if it passes today, forecloses our ability to make rational recommendations to you in our advisory capacity. Mayor Suarez: We're sort of beyond that, because the motion made now by the Commissioner is really to refer to the Manager for final recommendations, so we are not foreclosing your ability to have input, which is what you are doing now, so... Mr. Allen: I understand that. Mayor Suarez: I figured you were a smart man. Mr. Allen: The reason that we recommend deferral, and we don't recommend deferral until July 28th, we recommend deferral until we have time to complete a study. It's because we are looking at issues of sports facilities in the 199O's and the next generation. It is not a question of renovation, it is a question of vision. We are committed to excellence. The arena reflects that, attracting the Heat reflects that. We want to commit to excellence in the area of the university of Miami's playing facilities and the Orange Bowl facilities. The truth is, that the Orange Bowl is a relic of another generation. $15,000,000 is insufficient to make that a first class stadium. That's the truth. If we put $15,000,000 in there, we are saying to the community, these are $15,000,000 that lock in the concept that Miami will have for a long time, an Orange Bowl facility that is really not first class, and we are going to go build another stadium for baseball only. Now, maybe, as a result of our study, that's what we will recommend. Mrs. Kennedy: Excuse me, Bob this referral reminds me of the Japanese Gardens - ad infinitum.. How long does it take for your study to be completed? Mayor Suarez: Yes, what kind of timing are you asking for? Mr. Allen: We are asking for as much time as it takes to do the best job we can, but I would say... Mr. Plummer: That tells us nothing. 52 June 9, 1988 0 0 Mayor Suarez: No, no, give us something more specific than that. It's beginning to sound like Japanese Gardens. Mrs. Kennedy: 1n perpetuity! Mr. Allen: No, not into perpetuity. 1 think we can say, reasonably, we need six months to come back to you with a plan that allows us to digest everything we know about baseball, and everything we know about the University of Miami's and Orange Bowl's needs and try to integrate them into one package, so that we are not locked into stone -age facilities, and so we can move into the future. Thank you. Mayor Suarez: Interestingly, before... if I may just comment, Commissioner De Yurre. He asked for six months, it takes the better part of six months, I would say, to give final approval to any of the items embodied in this plan, even if we approved it in principle within the next 30 days or 60 days. So you know, the six months time table, if it were applied to even approving in principle any of the proposal, is a bit much, but it might end up taking that long for the specific items to be ready to be moved on, so, it sounds a little long, if you are saying that we can't even approve in principle some of the elements of this proposal, for myself, but actually, in reality, as a practical matter, it will take that long to implement any of it, I would think, I don't... Mr. Allen: We don't have a problem with approval in principle, looking at these issues, but when the band wagon gets rolling, then the band wagon will be rolling too fast for us to do the best thing we can for the community. Mayor Suarez: I understand. Mr. De Yurre: My concern is also, Mayor, that if we were to approve a concept in principle, then you know, who is going to come down later, six months, say, "Look, we are committed to this already because this has been going on for too long," and I don't want to be in that position. You know, I have concerns, that you know, we were talking about the dollar seat surcharge paying for the bond issue. That was my concept of what we were talking about. Now, all of a sudden, we are nowhere near the dollar seat charge paying for this bond issue, in fact, a moment ago, Mr. Jankovich mentioned that the dollar surcharge to UM games, we are talking about $350,000 only. The Orange Bowl game, let's say it is another $75,000, so we are up to $425,000, so from somewhere else, and Cesar, you are going to help me on this one now... Mr. Odio: The seat charge we said would raise $705,000. Mr. De Yurre: Where is that going to come from? Mr. Plummer: There were 960,000 tickets sold in the Orange Bowl last year. Mr. De Yurre: OK, how many were UM? Mr. Odio: UM is 350,000. Mr. De Yurre: OK, so that is a dollar a piece, $350,000. Mr. Odio: Right. Mr. De Yurre: You had the Orange Bowl game. That is 75. Mr. Odio: 75,000. Mr. De Yurre; So we are up to $425,000. What else are we dealing with? Mr. Odio: Major concerts will raise... Mr. De Yurre: How many did we have last year? Mr. Odio: We had four? Unidentified Speakers (OFF MIKE) Four and we had five this year. Mr. Odio: We had five this year, and last year we had a total of 960,000 people come to the Orange Bowl. Id 53 June 9, 1988 Mr, bb Yurre: I know, 3 know, but t arh just trying to break it down: ,?oe Robbie 3tadiurn wasn't around last year either. Mr. Odio: We expect to cotnpeta even with the Robbie Stadium and beat thek►, Mr, be Yurre: OK, well,,, Mr, Plummer: Oh, no, no, we will do better than the Robbie Stadium, because we don't have $1,060,000 worth of interest a month to pay. Mr. Odio: We expect to raise $?00,000 conservatively on the surcharge, Mr. be Yurre: OK, now last year we had what, five concerts? Mr. Odio: Five, Mr. De Yurre: OK, This year how many have we had to far? Mr. Odio: Four, and we expect to have two more. Mr. Plummer: Two big ones, Mr. Odio: And two big ones. Mr. De Yurre: OK, so you are, going to have $300,000 additional through concerts: Mr. Odio: Yes, sir, Mr. De Yurre: So, you come up with what, $750,000? Is that a round ballpark figure? Mr. Odio: Yes, sir. Mr. De Yurre: Aside from that, we are talking, about $260,000? Mr.,Odio: From increased concessions, with respect... to receive that, -that - is from experience, will happen. Mr. De Yurre: Well, do you think people are going to eat more because we have better concessions? Mr. Odio: When you have limited concession areas, they can get to them,' and that is a fact. In concerts, one of the major problems we have is people cannot reach the concessions. They give up and walkout, so your average drops. Mr. Plummer: By the way, the concessions at the last rock concert was over $5.00 per person. Mr. Odio: Per person. Mr. Plummer: Of which we get 42 percent. Mr. De Yurre: A lot of munchies! Mr. Odio: And the rest of the monies that we are saying is, we are not creating any new revenues. The Orange Bowl, the bed tax that was passed by the taxpayers earmarked 20 percent for the Orange Bowl renovations and maintenance. And that is what we have been doing every year, and that's the 785 that you see in this report, is the same monies we have been using year after year from the bed tax. It has nothing to do with the Sports Authority bed tax whatsoever. Mr. De Yurre: So we are still what, $300,000 short? Mr. Odio; No, we have $2,000,000, which is what we need a year, Mr, De Yurre; You got $7500000 from the seat charge, $260,., 54 i June 9, 1988 Mr. Odio: Two sixty, two fifty from new advertising revenues, or other, or net profit revenues from concert. That can be changed, and the tourist development tax. That is earmarked for the Orange Bowl today and has been since it was passed. Mr. De Yurre: OK, let me ask you this. What is the life span of this bond issue? Mr. Odio: It is 20 years: Mr: be Yurre: Twenty years? Do you expect, within the twenty year period, to renovate the seats in the Orange Bowl? Mr. Plummer: No, that will be done in this, yes. Mr. Odio: That will be done in this... Mr. De Yurre: We are going to... we are changing all the seats? Mr. Plummer: This is part of this. Every one of them. Mr. Odio: Yes, air. Mr. De Yurre: What other improvements would you deem necessary during the next 20 years? Mr. Odio: For the next 20 years? Mr. Plummer: Maintenance. Mr. De Yurre: It is going to be around. Mr. Odio: Well, preventive maintenance, structural inspections which are done yearly, and change as precast seating as necessary, when their concrete has worn out, we will replace, and general maintenance of the facility. Mr. De Yurre: And the Orange Bowl pays for itself right now? Mr. Odio: Yes, sir. Mr. Plummer: Yes. Mr. De Yurre: All the overhead, and all the cost of maintenance and all of that? Mr. Odio: Yes, sir. Mr. De Yurre: OK. Mr. Plummer: Victor, we've traveled under a premise, that say that the improvements that will be made, will be paid for by the recipients, the users. This is something we were never able to do in the past. It was always going to be a revenue bond, or a general obligation bond, which was turned down. Here, we have the opportunity to have a guarantee of 15 years, actually 18, because it would go beyond 191, and the primary payment would be by the people who are using it, not the taxpayers! That is the key factor, none of this would have been possible, in my estimation, if the University and the Orange Bowl Committee did not agree to this additional dollar per person, so what I am saying to you is, the only monies that would be used would be half of the bed tax dedicated to sports, only half, OK? Now, I think one of the primary things, if we make these improvements, we are going to have the availability of getting more days of play in that facility, that people have been hesitant to use it today, because of the rest rooms and the concessions, but we are looking at the conservative numbers of last year and the year before. And I think the key to this whole thing, is that it is not going to be taxpayer's money, but the people who are using it are the ones who are going to be paying the tab and that's the key. Mr. De Yurre: I tell you, I have, when I look at what we are discussing here, and you make good arguments, it makes sense what you are saying, but I have one concern, and the thing is, I have to look forward in time, I don't want to have a situation where we have the Knight Center, we have a $5,000,000 debt ld 55 June 9, 1988 service; and we have the Miami Arena, and the Miami Arena is taking away the events from the Knight Center and taking them over here, down the street. Mr. Dawkins: Bayfront Park. Mr: be Yurre: That's a concern. Mrs. Kennedy: Oh, no, that is totally different, it is a different crowd. Mr. be Yurre: OK, that's a concern of mine. If we are talking about, and we are pushing very hard, and I think this community wants to see in the near future, major league baseball down here, and i think we voted on that and 1 think on principle, that we all want baseball down here, we are talking about constructing a major league baseball park. Now, if you have a major league baseball park, for it to pay for the bond issue, whatever the amount is going to be, say a $75,000,000 bond issue, part of that is going to come from a seat charge, to help defray that cost, OK? Mr. Plummer: Exactly. Mr. be Yurre: Now, if we, then say, we are going to have this stadium, the baseball stadium, competing directly with the Orange Bowl, for the same concerts, so either the taxpayers are going to lose at the baseball level, or they are going to lose at the Orange Bowl level. Mr. Plummer: Well, that same argument could be today with the Robbie stadium up there, as opposed to the Orange Bowl. Mr. be Yurre: So we are competing within ourselves. Mr. Plummer: You know, you can use that same argument. Mr. be Yurre: We lose either way. Mr. Plummer: We are competing with ourselves, no question. Mr. be Yurre: We lose either way... Mr. Plummer: Well, we are right now today... Mr. be Yurre: whether they have it at the Orange Bowl, or at the new stadium, if it comes to be. Mr. Plummer: Today, we are still competing with ourselves and have been, because the baseball stadium is presently used for concerts. As a matter of fact, it has a permanent stage, it never had before, so we aren't competing, yet, we are using the conservative numbers based on reality. Now, is there some risk involved? There is no question. I don't know of anything you do, that there is not some risk. God forbid the University of Miami doesn't draw 350,0001 They are not sitting up on top of the heap, as they are doing today. Is there a risk, yes, there is a risk, that the Orange Bowl Committee doesn't draw 75,000, they only draw 40,000. Mr. be Yurre: They're_ paying rent. Mr. Plummer: There is some risk, there is no question about it, but we base our whole formulation of this presentation on conservative history numbers, and for all practical purposes, which is all we can do, is that that would at least be the bottom line for the future. Mr. be Yurre: This renovation is going to take... it is done during the off season, it will all be done in one year? Mr. Plummer: That is if in fact we don't procrastinate, yes. Mr. be Yurre: But, it is doable... Mr. Plummer: The proposal you have before you is that it would be done from January 2nd, and would be finished by September, if we get everything in place and ready to go on the second day of January. 56 June 9, 1988 Mr. De Yurre: What I would like to see done, there is my view, we are going to put in November, the issue, the bond issue, where I am going to be Proposing next month, a bond issue referendum to have tentatively upon approval of a major league baseball franchise from Miami, have the money set aside for constructing a baseball stadium, OK? Now, if that happens, we are talking about late 189. Mr. Plummer: OK, no problem. Mr. De Yurre: We are talking about that the Orange Bowl contract, and the UM contract runs to 191. Mr. Plummer: The season of '91. Mr. De Yurre: OK, we can do it before their new contract enters into play. We have time between 189 and '91 to do the improvements. It is all going to be done in one shot, in one year. Mr. Plummer: OK, but I think the area that you have got to take into consideration, is that this money is hopefully going to be collected during this season. If you are creating a pool of money, it is with full... my understanding, that the University of Miami and the Orange Bowl Committee are only going to contribute to that pool if this Commission makes a guarantee that this will be done. Mr. De Yurre: Aren't we already committing to $1,000,000 improvement with the press boxes? Isn't that a major improvement to the Orange Bowl right then and there? Mr. Plummer: Exactly. Mr. De Yurre: I think that that should be... Mr. Plummer: But that is coming out of the funds from the Orange Bowl. Mr. De Yurre: But it is improving the Orange Bowl. Mr. Plummer: That's correct. There is no question about that. Mr. De Yurre: You know, as far as they are concerned, they shouldn't have to care where it comes from, as long as it gets improved. Mr. Plummer: Well, look, it is the cart or the horse. Mr. De Yurre: I would say, you know, for that issue, that we set that money aside. Mr. Plummer: Well... Mr. De Yurre: You know, if we collect it, and we don't spend it, we just hold on to it until we make that determination, to make a go of it. I'm just expressing, they can go ahead and keep studying it, but I just want to put these points on the table, so that doesn't come as a surprise down the road. Mayor Suarez: Yes, we certainly have gone into this quite deeply, and I think we are ready for a vote on that motion. It sound like a very reasonable motion at this point, at least for my vote, and the motion as stated, if I remember correctly, is to send the whole package back to the Manager for recommendations, including the possibility of final action, let's put it that way. Mr. Plummer: On the 28th of July. Mrs. Kennedy: One very quick comment that we should also consider is, what happens to the neighborhood if we don't approve this eventually? You know, right now, people are coming to the area, the residents are making money because they charge for parking. Activity is better than none at all. Mr. De Yurre: What was that comment, now? Mrs, Kennedy: If we close the Orange Bowl, you know, we have to consider what happens to the whole area. Food for thought. ld 57 June 9, 1988 Mr: De Yurre: What do you think it going to happen? Mr, Plummer: it won't improve. Mrs: k6hriedys No, it won't improve for one, Mayor Suarez: Certainly a lot of people will deprived of the parking fees that are being collected. I think that was the... Mr. De Yurre: Well, I'll tell you, for 20 years we collected parking fees. We lived a block away from the Orange Bowl, Mayor Suarez: Anything further on the motion? 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. 88-522 A MOTION TO REFER TO THE CITY MANAGER ISSUES PRESENTED ON THIS DATE IN CONNECTION WITH PHASE II IMPROVEMENTS TO THE ORANGE BOWL; FURTHER INSTRUCTING THE CITY MANAGER TO COME BACK AT THE PLANNING AND ZONING MEETING OF JULY 28, 1988 WITH HIS RECOMMENDATIONS ON SAID MATTER; FURTHER STIPULATING THAT, DURING THIS INTERIM PERIOD, EACH MEMBER OF THE COMMISSION SHALL HAVE THE OPPORTUNITY TO SIT DOWN WITH DESIGNATED MEMBERS OF THE ORANGE BOWL COMMITTEE TO ADDRESS ANY QUESTIONS ANY INDIVIDUAL COMMISSIONER MAY HAVE REGARDING SAME. 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. NOTE FOR THE RECORD: COMMISSIONER PLUMMER LEFT THE MEETING AT 11:34 A.M. NOTE FOR THE RECORD: AT THIS POINT, COMMISSIONER MILLER DAWKINS RECOGNIZES THE PRESENCE OF SEVERAL STUDENTS FROM SUNSET ELEMENTARY. NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES CONSIDERATION OF THE CONSENT AGENDA. 58 June 9, 1988 14. DEFER AGENDA ITEMS 39 THROUGH 45 (PROPOSED DESIGN SERVICES FOR INNER- CITY PARKS) TO THE MEETING OF JUNE 231 1988 - REQUEST MANAGER'S INTERPRETATION OF THE CRITERIA USED IN SELECTION OF MOST QUALIFIED FIRMS. Mayor Suarez: What items are we up to? The ones that you had asked to be tabled, 35 to... Mrs. Kennedy: Oh, 39..4 yes, 59. Mr: Odio: 39 through 45. Mrs. Kennedy: Mr. Mayor, 1 just wanted to know on these items, what is the time table. Also, let me get the items, one second. All right, 39 says: "Authorizing the City Manager to undertake negotiations with the most qualified firm..." In 39 we had only one firm. Mr. Dawkins: Madam Vice Mayor, I too am concerned, and I would like to move that 39, 40, 41, 42, 43, 44, 45, and 46 be pulled from the agenda and put back on the agenda for the July 14th, and I've had a chance to study this and look at it. I am very disturbed that I don't see the kind of individuals that I thought would have been on here. And I don't know how it happened, but I get tired of sitting up here looking for individuals on Bayside, OK?... on everything, and I don't see them and then everybody tells me, Commissioner, that we are going to get to it. Well, now you are going to get to this, before, or not at all. Mr. Odio: Mr. Commissioner... Mr. Dawkins: All right, so I move, Mr. Mayor, I move... Mr. Odio: Commissioner, 46 is not... Mrs. Kennedy: No, 45, he said. Mr. Odio: He said 46, and 46 is not... Mrs. Kennedy: No, 39 through 45. Mr. Dawkins: 39 through 45, I move that it be continued until the 14th and that those individuals come in and explain to me how they chose who they chose, and why they chose them, and at that meeting, I may vote to throw them all out and start over if I can get the votes. Mrs. Kennedy: OK, yes, that is one of my other concerns, the kind of criteria that was used, so I second that motion. Mayor Suarez: OK, do you want to make an additional statement? I am sorry, I interrupted you, Madam Vice Mayor. Mrs. Kennedy: No, just the criteria used to chose these firm. Mayor Suarez: OK, moved and seconded. It is basically to defer until when? Mrs. Kennedy: Until the next June meeting. Mr. Dawkins: 14th. Mrs. Kennedy: The last meeting of this month. Mr. Dawkins The last meeting, what is the last meeting? Mayor Suarez: The last meeting in July, or the last meeting in June? Mrs. Kennedy: No, no, this month, June 23rd, whatever it is. Mayor Suarez: OK, yes because that gets us started a little quicker on this. We don't want to delay too much. ld 59 June 9, 1988 Mr. Dawkins: OK, no problem. Mayor Suarez: OK, motion to defer until June 23rd meeting. We had deferred a couple of items, Mr. Manager, so we ought to consider at some point during today's proceedings, what time we start. Yes, 1 have a feeling that we are going to have to start here, if not at 9:00, then at least at 10:00 or 11:00 o'clock, and once again, remind Aurelio... I don't see him out there, to work with us .on ceremonial items so we don't waste too much time at the beginning of the Commission meetings. Some of them are very important to do in the Chambers, but some can obviously be done in some other forms. OK, we have a motion and a second. Any discussion? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 88-523 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEMS NUMBERS 39 THROUGH 45 UNTIL THE PLANNING AND ZONING MEETING SCHEDULED FOR JUNE 23, 1988; FURTHER INSTRUCTING THE CITY MANAGER TO EXPLAIN TO THE CITY COMMISSION AT SAID MEETING THE CRITERIA USED IN THE SELECTION OF THE MOST QUALIFIED FIRMS TO PROVIDE PROFESSIONAL PLANNING AND DESIGN SERVICES FOR DESIGNATED CITY PROJECTS. 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 Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 15. ORDERING RESOLUTION: LAWRENCE WATERWAY HIGHWAY IMPROVEMENT (DISTRICT H- 4536) - DESIGNATE PROPERTY FOR SPECIAL ASSESSMENTS. Mr. Odio: Mr. Mayor. Mayor Suarez: Yes, Mr. Manager. Mr. Dawkins: I move... Mr. Odio: The City Attorney tells me that 36 was pulled. Mayor Suarez: We have pending 36. Sir, would you come up? - tell us what the problem with 36, what is 36? Mr. Robert Hughes: St. Lawrence Waterway. Mayor Suarez: Oh, the canal! Mr. Hughes: I'm back again. Mr. Mayor, Commissioners, Robert Hughes from the Lawrence Waterway area. We tabled, or continued this from the last meeting. I'm glad, I might say, that Commissioner Plummer didn't ask for an hour, because we might not have gotten through. The discussion on the waterway canal was whether to improve it or to cover it in. I have here a letter sent to the homeowners, dated March 24, 1986, in which the City stated that if the property owners along that canal -way would donate their waterfront property, that the City would make improvements to that area. Being a good citizen, I've donated my property and now they don't want to make the improvements. You want to cover the canal -way over. I sort of take this as a slap in the face, that I acted in good faith, by donating my property, and now you turn around and want to cover it in rather than make the improvements that you promised. 60 June 9, 1988 Mr. Dawkins: You have a setter? Mr. Hughes: Yes, I do. Mr. Dawkins: Read it for me please, just read it to me. Mr. Hughes: "According to Dade County tax records, you are the owner of record of out -lot 6-A abutting the Lawrence Canal Waterway. The bulkhead and sidewalk along the Lawrence Canal Waterway is in need of repair. According to the City Charter, this City can create an assessment district and charge the owners of the out -lots with the cost of this repair, or you can dedicate the out -lots to the City and the City will do the necessary repairs at no cost to you. If the City receives voluntary dedications of all out -lots abutting the Lawrence Canal Waterway, the City will proceed to repair the bulkheads and rebuild the sidewalks. Enclosed is a stamped self-addressed, whatever. Mr. Dawkins: But, see where they got us, they didn't say that they wouldn't close or said make the necessary repairs. Mr. Hughes: But they say the bulkhead and the sidewalks, the bulkhead. To repair the bulkway is not to fill in the waterway. I also heard at the last Commission meeting, the value of waterfront property in the City of Miami and Dade County, or whatever. If you do in fact, decide to fill in this waterway, you are not only deleting some valuable waterfront property, you are also degrading my property value. I mean, just to fill it in, and cease it to be a waterway, right there I am going to lose $10,000, $15,000 in property value at a very minor estimate. Mr. Jim Kay: Mr. Mayor and members of the Commission, from the last meeting... Mayor Suarez: Put your name on the record, please. Mr. Kay: OK, Jim Kay, Public Works. At the last meeting, we were discussing this project, which is a ordering of a highway improvement district. As a part of that district, we had to do some treatment of the canal. Mayor Suarez: You have to what? I am sorry, I didn't hear, Jim. Mr. Kay: To do some treatment to the canal, something. We had to treat the canal somehow. One of the proposals was to bulkhead in the entire canal. That cost was $1,200,000 for the whole project, including the highway project and the bulkheading and dredging and the other cost to fill in the canal was $925,000. The other cost was $925,000 to fill in the canal and put a culvert in the canal to take care of the storm outfalls at the south end, and the Commission asked for those two prices. Mayor Suarez: And a recommendation too? Mr. Kay: And this is where we are at now. Our original recommendation was to bulkhead in the entire canal. We have had several meetings with the property owners in this area, in which just about every property owner attended abutting that canal, and there was... Mayor Suarez: The monies are available for either or? Mr. Kay: Yes, sir. Mayor Suarez: It would just deplete our sewer bonds a little bit more, I guess, huh? Mr. Kay: Well, we would be... Mayor Suarez: Our street improvement bond? Mr. Kay; The highway improvement bonds for this project will amount to $250,000. The remainder of the project would come from storm sewer bonds. Mayor Suarez: All right, so we are using a combination of both? Mr. Kay: Right. Id 61 June 9, 1988 0 0 Mayor Suarez: And we are not doing too well in the street improvement bond monies, l guess. What are we down to? Mr. Kay: Well, we are down to about $500,000, That is from $30,000,000, starting out with $30,000,000, so... Mr. Dawkins: Did we make the promise sir, to these residents, that if they gave up their footage, that we would repair the bulkhead, or what have you? Mr. Kay: From previous meetings with them, sir, it was our intention to go ahead with the bulkheading of the canal and that's what we told the property owners that we would be doing. Mr. Dawkins: And now we are not going to do that? Mr. Kay: We didn't say that we wouldn't do that. Mr. Dawkins: Well, what are we saying? Mr. Kay: We had proposed, originally, to bulkhead in the canal, and at the last Commission meeting, a question was raised, as to whether or not the canal should be closed in, and culvert pipes put in under that portion of the canal in order to take care of the storm drainage. Mr. Dawkins: All right, did the citizens raise that issue? Mr. Kay: No, the Commission did. Mr. Dawkins: Or did the Commission raise that issue, or did the Administration raise that issue? Mr. Kay: The Commission raised that issue, sir. Mr. Dawkins: Who, Plummer? You mean, old conservative Plummer who wants to save money and don't want to take no risks, that's the Plummer? Mr. Hughes: If I might, Commissioner Dawkins, at the last hearing when Commissioner Plummer took the opposing view, he stated that he thought he could fill in the whole canal for $200,000. I told him that I didn't think it would work quite that way. What he has in mind is that they want to fill in the canal to a point about halfway up, where an adjoining canal, which is not City property, comes into view, which, if you look at the diagram, doesn't make a heck of a lot of sense. Mr. Dawkins: The water is going to... see, I am for you. The only problem I have is, that I go down there and there is no outlet there, so all the debris, and what have you - you know it too. - floats up in there and it backs up, and we got an eyesore there. Mr. Hughes: If I might, I've lived there since 1972, my mother-in-law has owned this property since 1958, or 1959. When I first started coming to Florida in 1960 to visit, before I moved down here as a resident, about once a week, maybe twice a week, they used to bring the little clam digger along and clean out that canal. They haven't done that, as I stated Mayor Suarez, in one of our meetings, they haven't done that in well over two and one-half, three years. It is an eyesore. However, I think if they dredge or put the bulkhead in there, and in the matter of their cleanup, they come along and they mow the grass along there now, since we've complained, in the matter of their cleanup, if they come along with that little clam digger once in a while, and keep the bottom clean, then the outflow back to the river will keep it clean. Mr. Dawkins: OK, Mr. Manager, what are we voting on, on 36? To fill in, to make the repairs, or to fill in the canals. Mr. Kay: Item 36, is the ordering of a highway improvement district to repair the streets on either side of the canal. Mr. Dawkins: And put in the bulkhead? Mr. Kay: Putting in the bulkhead is... 62 June 9, 1988 0 0 Mr, Dawkins: You repair the street, sir, and we don't put in the bulkhead; and then the street washes back into the water. I mean... Mr. Kay: That has been set up as another project in the CIP, which really does not require... actually it requires Commission approval prior to advertising, that is. Mr. Dawkins: All right, let me ask a question a different way. If we approve this now, do we go out in the neighborhood, repair the streets, the curbing; the gutter, and the bulkhead? Mr. Kay: Yes, we will. Mr. Dawkins: I move 36. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any further discussion from the Commission? You OR, with that? Mr. Hughes: Love you. Mayor Suarez: Hold it, we haven't voted yet! Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-524 A RESOLUTION ORDERING LAWRENCE WATERWAY HIGHWAY IMPROVEMENT H-4536 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS LAWRENCE WATERWAY HIGHWAY IMPROVEMENT DISTRICT H-4536. (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 Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Id 63 June 9, 1988 0 0 ---------------------- ------------- 16. (A) RECONSIDER DECLARATION OF 1.5=ACRE LOT OF CITY -OWNED WATERFRONT PARCEL AS UDP (OLYMPIC SAILING CENTER) (B) TEMPORARILY TABLE ABOVE ISSUE UNTIL LATER THIS SAME DATE (SEE LABELS 4.27 AND 62). Mr. Dawkins: Mayor, I'd like to vote to reconsider 38, please. Mayor Suarez: So moved, do we have a second? Mrs. Kennedy* Second, Mayor Suarez: Seconded. Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 88-525 A MOTION TO RECONSIDER PREVIOUSLY TAKEN VOTE ON A PROPOSED RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP IMPROVEMENTS AT DAVID KENNEDY PARK FOR DEVELOPMENT OF AN OLYMPIC SAILING AND TRAINING CENTER IS BY A UNIFIED DEVELOPMENT PROJECT. 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 Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Mr. Dawkins: Mr. Manager, We have got a portion of the City parks and you have already fenced it off, and I set up here and voted for that and didn't know I was voting for it, to set up an Olympic Training, quote, unquote, facility, only for training for the Olympics. Mr. Odio: For sailing, yes sir. Mr. Dawkins: That's what you told me. Mr. Odio: Yes, sir. Mr. Dawkins: Now, you want to put out an RFP to take that parcel of the park, which by the way, has a kiddy's park around it, and now you want to put an RFP out to make this a permanent training facility, when we are down here, we got all of the... we got a for profit sailing club and all, I mean, explain to me why it is necessary to take City park land to make a training for Olympic training? Mr. John Gilchrist: Commissioner, I was out of the room for part of your question, but, when we gave a one year revocable permit to them, by resolution and by that agreement, it was determined by the City Commission to make a decision before the end of that year, as to whether we would issue an RFP for a permanent facility, and it is brought before you, asking you to make that decision. The operation of that has been a positive thing for the community, and the question is... Mr. Dawkins: All right, so what you are saying is, you want permission now to put out an RFP. Mr. Gilchrist: That's it, sir. Mr. Dawkins: All right, I vote no. I move that we do not take the City land and put out for no sailing, when we got all the land down here to make a 64 June 9, 1988 0 0 sailing group out of, We got a pack, we got land back here that is laird locked,.. Mr. Odio: May I ask, Commissioner Dawkins; that you defer this item until Commissioner Plummer is here in the afternoon, since he is the one that.., Mr. Dawkins: I move it, and Commissioner Plummer can vote like he wants. If I don't get three votes up here, he wins. if I get four votes and he come and vote, he got one vote, I don't understand you all up bete! Mr. Gilchrist: Well, this is... Mr. Dawkins: You know, I mean, he can come and make his pitch, Mayor Suarez: it has the same effect, if the Commissioner prevails on the motion, the other Commissioner, Commissioner Plummer, can always bring it up again at a later date. Mr. Dawkins: Yes. Mayor Suarez: So we have a motion to actually deny the proposed RFP. Mr. Dawkins: I move. Mayor Suarez: So moved, Mr. De Yurre: I'll second it, but under discussion.. Mayor Suarez: Second, under discussion. Commissioner De Yurre. Mr. De Yurre.- What if the RFP doesn't go out? Whatisgoing to be the situation we are going to have? Mr. Gilchrist: Well, I think the City; Commission could determine to give them an additional year's permit, like they have had before, or could abandon the project. I mean, it is really a determination that you all would make. Mr. Dawkins: And give the park back to the people, right? Mr. Gilchrist: Right. Mr. De Yurre: Would they be doing substantial improvements? Mr. Gilchrist: They, are not substantial, but they would be more permanent. We would... by the RFP, we would determine what is allowed to be done there. Mr. Dawkins: I'll tell you what, let's do this, I'll do this, I will tell you what. I'll defer this until-J.L. is here... Mayor Suarez: Please. Mr. Dawkins: and I would ask Commissioner De Yurre to ride down there and look at it,_so that he can 'see ... Mr. Gilchrist: I'd be glad to take him there. Mr. Dawkins: what they have done to the park and how you feel about it. Mr. De Yurre: OK. Mayor Suarez: OK. Mr. Gilchrist: I'd be glad to take you there, if you would like to. Mr, De Yurre• OK. Mayor Suarez; We have a motion, Do you want to defer, or table? Mr, Dawkins: Just table it'until J.L, come back, Mayor Suarez; OK, the item is tabled, ld 65 June 9, 1988 0 a ------------ --=---=---------=--=-= -- 17, EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "OFFICER JAMES HAYDEN REWARD FUND" ($50,000), ------------------------------------------------------------------ Mayor Suarez: OK, Consent Agenda item 48, emergency ordinance. Mr. Odio: This is establishing a special revenue fund ... Mayor Suarez: The reward fund, this is just a formality for something we have done before? Mr. Odio: Yes, sir. Mr. Dawkins: Move it. Mrs. Kennedy: Moved. Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. The reason for the emergency is obvious that we need to have this outstanding, so that someone will cooperate in this. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "OFFICER JAMES HAYDEN REWARD FUND", APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED $50,000. Was introduced by Commissioner Dawkins and seconded by Commissioner Kennedy, 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 Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer. Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Kennedy, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10442. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 66 June 9, 1988 18. AUTHORIZE PAYMENT OF $50,000 TO INDIVIDUALS FURNISHING INFORMATION WHICH LEADS TO THE ARREST; APPREHENSION AND CONVICTION OF THE OFFENDER RESPONSIBLE FOR SHOOTING OFFICER JAMES HAYDEN. --------------------------------------------------------------------- Mayor Suarez: Item 49, Mr. Odio: it is tied to the ordinance. This is authorizing the payment. Mayor Suarez: It is a companion item. I entertain a motion on it. Mrs. Kennedy: Move it. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion, call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-526 A RESOLUTION AUTHORIZING THE PAYMENT OF AN AMOUNT NOT TO EXCEED $50,000 BY RESOLUTION NO. 88-368, ADOPTED ON APRIL 28, 1988, TO THOSE INDIVIDUALS WHO FURNISHED INFORMATION WHICH LED TO THE ARREST, APPREHENSION AND CONVICTION OF THE OFFENDER RESPONSIBLE FOR SHOOTING OFFICER JAMES HAYDEN, APPROVING THE PROCEDURE FOR SAID PAYMENT AS AUTHORIZED BY EXISTING POLICIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 19. EMERGENCY ORDINANCE: AMEND 10347 - INCREASE APPROPRIATIONS FOR EIGHT EXISTING PROJECTS: (1) WINONA SANITARY SEWERS (351169), (2) SOUTH GROVE SANITARY SEWERS (351174), (3) CITYWIDE SANITARY SEWER REPLACEMENT - FY 187 (351275), (4) NW 36TH STREET SANITARY SEWER IMPROVEMENT (351276, (5) LAWRENCE PUMP STATION -BAR SCREEN (352184), (6) CITYWIDE STORM DRAINAGE MASTER PLAN (352250), (7) PUMP STATION RENOVATIONS - FY -88 (352254), AND (8) LOCAL DRAINAGE PROJECTS - FY 188 (352251). Mayor Suarez: Yes, item 50. Mr. Odio: This is to amend the CIP ordinance by increasing appropriations for eight existing sewer projects, Winona Sanitary Sewers, by $150,000,.. Mayor Suarez I entertain a motion on this, Mr, Dawkins; I move it, Mrs, Kennedy: Second, ld 67 June 9, 1988 Mayor Suarez: Pot the emergency, nature of the emergency, Jim, or Mr. Manager. Mr. Odio: The basis is due to the fact that three of the projects require additional funding on an emergency basis in order to begin construction. Mayor Suarez: And I am sure they need it for the sewer needs of this City, Any... UNIDENTIFIED SPEAKER: Yes, sir. Mayor Suarez: OK, call the roll, AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10347, ADOPTED NOVEMBER 19, 1987, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING THE APPROPRIATIONS FOR EIGHT EXISTING PROJECTS ENTITLED "WINONA SANITARY SEWERS", PROJECT NO. 351169, IN THE AMOUNT OF $150,000, "SOUTH GROVE SANITARY SEWERS", PROJECT NO. 351174, IN THE AMOUNT OF $5,571,000, "CITYWIDE SANITARY SEWER REPLACEMENT-FY '87", PROJECT NO. 351275, IN THE AMOUNT OF $500,000, "N.W. 36 STREET SANITARY SEWER IMPROVEMENT", PROJECT NO. 351276, IN THE AMOUNT OF $1,053,00, "LAWRENCE PUMP STATION -BAR SCREEN", PROJECT NO. 352184, IN THE AMOUNT OF $100,000, "CITYWIDE STORM DRAINAGE MASTER PLAN", PROJECT NO. 352250, IN THE AMOUNT OF $100,000, "PUMP STATION RENOVATIONS-FY 188", PROJECT NO. 352254, IN THE AMOUNT OF $350,000, AND "LOCAL DRAINAGE PROJECTS- FY 188", PROJECT NO. 352251, IN THE AMOUNT OF $400,000; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissioner Kennedy, 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 Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Kennedy, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10443. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 68 June 9, 1988 20, SECOND READING ORDINANCE: REPEAL 10368 - APPROPRIATE FUNDS TRANSFERRED FROM VARIOUS SOURCES AND ALLOCATE AS BUDGET FUNDS IN THE 12TH YEAR CITYWIDE DEMOLITION OF SUBSTANDARD BUILDING PROJECT. Mayor Suarez: Item 51. Mrs, Kennedy: Moved. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion on 517 There is no emergency there, read the ordinance, please. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING ORDINANCE NO. 10368 ADOPTED JANUARY 14, 1988, AND AMENDING ORDINANCE NO. 10145, ADOPTED SEPTEMBER 11, 1986, BY APPROPRIATING FOR THE IMPLEMENTATION OF AN AMENDED TRUST AND AGENCY FUND ENTITLED: COMMUNITY DEVELOPMENT BLOCK GRANT TWELFTH (12TH) YEAR, THE ADDITIONAL SUM OF $201,955 AT PRESENT ALLOCATED AS REVENUE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, $172,359 IN FIFTH (5TH) YEAR AND $29,596 IN SEVENTH (7TH) YEAR, SAID AMOUNT TO BE TRANSFERRED FROM SAID REVENUE FUNDS AND ALLOCATED AS BUDGET FUNDS IN THE TWELFTH (12TH) YEAR CITYWIDE DEMOLITION OF SUBSTANDARD BUILDINGS PROJECT TO BE CARRIED OUT BY THE BUILDING AND ZONING DEPARTMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 12, 1988, was taken up for its second and final reading by title and adoption. On motion of Commissioner Kennedy, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10444. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ld 69 June 9, 1988 ------------------------------------------------------------------------------ 21. (A) PRESENTATION BY MAJORITY LEADER, RON SILVER, OF THE CITY'S TALLAHASSEE INITIATIVE LEGISLATIVE UPDATE. (B) EXPRESS THE COMMISSION'S SUPPORT OF THE INITIATIVE ON STRICTER HANDGUN CONTROL BEING CONDUCTED BY REPRESENTATIVE RON SILVER SOON TO BECOME PART OF A STATEWIDE REFERENDUM. Mrs. Kennedy: Mayor, representative Ron Silver is here, and... Mayor Suarez: The Commissioner represents... Madam Vice Mayor, we all recognize you, I mean, in your new style fashion or whatever, a lot of weight loss here, the majority leader of the House of Representatives of the State that comes to bring us good news in the programs so far approved, subject to approval, or non -approval by the Governor, and Ron, do you want to make a statement? We are very grateful for your efforts, we... Rep. Ron Silver: Thank you very much, Mr. Mayor and members of the Commission. I think we did have an outstanding session for the City of Miami and for Dade County. I think we brought back a lot of, I guess I can say, bacon. I don't know if my district will approve of that, but we brought back a lot of bacon to the area, and I just want to say this now. It is up to the Governor to keep those projects in there, so if anyone wants to start making calls, and making sure that that is done, that's fine. I want to emphasize one thing. I think it is important to emphasize this that this was a Dade Delegation that comprised both Republicans and Democrats and worked together, jointly, to bring back what was good for Dade County, and there was not very much partisanship at all, when it came down to what was bringing home good for Dade County. I just want to thank you all for coming up to Dade County and supporting us and fighting for it, because that was an important component of it also, your ability to come up there, and give of your time to make sure that some of these projects went through. We thank you for that. Mrs. Kennedy: Thank you, because I know how important your leadership in these projects were, so thanks for all your help. Mayor Suarez: Take note of the fact that The Miami News had just a magnificent article on the successes in the Legislature. I think it was yesterday's paper, and hope that the other daily in Miami, will also take note of the successes of the Dade County Delegation and particularly lead by majority leader have had, and all the Commissioners who were in Tallahassee, I think that was key this year. I really appreciate everyone taking the time to go up there and undo whatever damage the Manager may have done and accomplish all the things that we accomplished in Tallahassee this year. Mr. Odio: We need to thank him especially for his support on the gun law, and now we need to stay with him on that. Mrs. Kennedy: Yes. Mayor Suarez: You know, we have never taken a vote of this Commission on that, it would have been a good idea. If anyone wants to move to support that initiative at this point... Mrs. Kennedy: With pleasure, I move it. Mr. Dawkins: Second. Mayor Suarez: OK, moved and seconded. Any discussion? Call the roll on that, because it would be helpful in advocating that, to know that the Commission stands behind it unanimously. 70 June 9, 1988 The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-527 A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS SUPPORT OF THE INITIATIVE ON THE SUBJECT OF STRICTER HANDGUN CONTROL BEING CONDUCTED BY REPRESENTATIVE R014 SILVER WHICH WILL ALLOW THE VOTERS OF THE STATE OF FLORIDA TO EXPRESS THEIR CONVICTIONS ON THIS QUESTION IN A STATEWIDE REFERENDUM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Mayor Suarez: It might be comforting to know that one latest poll I have seen on that issue indicates 82 percent of the people in Dade County support tighter measures for control of guns reaching the community and only just a few, like seven or eight percent, are against and the rest are undecided, so it is like eight or nine to one, and I see, Lt. Longueira, nodding the support of the Police Department of the City of Miami, and the Chief, which who for many months has been advocating this. THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON RECESS AT 11:59 A.M. AND RECONVENED AT 2:36 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. 22. PRESENTATION IN CONNECTION WITH THE ROYAL POINCIANA FESTIVAL. 1. PROCLAMATION: - to Al Pallot and Lisa Hurst, Queen for The Annual Royal Poinciana Fiesta Week. 23. REFER TO CITY MANAGER FUNDING REQUEST RECEIVED FROM ASSAULT BRIGADE 2506 INCLUDING PROPOSED LIBRARY - CITY MANAGER TO REPORT BACK. Mr. Odio: Mr. Mayor, Esquire Duran would like to see if you could take him out of turn, because he has to go back to his law practice, and he is here pro bono. Mr. Plummer: Mr. Mayor, we have a request from the Bay of Pigs, which is substantial. I have talked with the Manager, and I think the best thing that we can do at this particular time, is refer the matter to the Manager to look for the funds, and as soon as he is able to come back with some kind of report, he would do so, and this is agreeable with the committee. I would move at this time that this matter be referred to the Manager for consideration, study, investigation, and finding and report back to us whenever he has the opportunity to do so. I so move. Mr. Dawkins: Second. ld 71 June 9, 1988 Mayor Suarez: Moved and seconded. I don't know if this is the appropriate moment to mention it, but I believe Commissioner Plummer has already agreed, and I certainly would be willing to, and the rest of this Commission, to co- host with you and our other friends from The Bay of Pigs Brigade, a function to raise monies from the private sector, and I have a feeling we could raise quite a bit around election time, with politicians needing to contribute to it, and so on, and you know, that is another way to raise substantial amounts of money, Alfredo, and we offer that collectively on behalf of the Commission. Mr. Plummer: It is called extortion, but it works. Mr. Alfredo Duran: I am sure, Mayor, and with the help of yourself, and the Commissioners, I am sure that we can achieve that. I want to thank you very much for taking us out of turn, and I want to ask excuses from the audience, for interjecting myself in this way. Thank you very much. Mayor Suarez: Thank you counselor. Let's take the roll on that. Madam City Clerk, will you call the roll? The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-528 A MOTION TO REFER TO THE CITY MANAGER FUNDING REQUEST RECEIVED FROM REPRESENTATIVES OF THE ASSAULT BRIGADE 2506 INCLUDING ITS PROPOSED LIBRARY; FURTHER REQUESTING THE MANAGER TO REPORT BACK TO THE COMMISSION AT FUTURE DATE. 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. 24.A - DISCUSSION CONCERNING PROPOSED FIRST READING ORDINANCE TO INCREASE APPROPRIATIONS TO THE NORTH DISTRICT POLICE SUBSTATION AND TO THE SOUTH DISTRICT POLICE SUBSTATION. B - DISCUSSION REGARDING STATUS OF THE LATIN QUARTER PROJECT Mayor Suarez: Item 52. Mr. Odio: Item 52 is to amend the CIP ordinance by increasing appropriations for the north and the south district police substations. Mrs. Kennedy: Why are we amending something that we already appropriated? Mr. Odio: We never did this officially. This is the... Mr. Plummer: No, that is not the point. Mr. Odio: You gave us five hundred... you said at one point if we needed to, we could use an additional $250,000 in each substation. We were trying not to use those funds, and now we find that we have to. Mr. Dawkins: have to what? Ain't no way in hell you are going to use the... Mr. Plummer: We told you... Mr. Dawkins: Wait a minute! 72 June 9, 1988 Mr, Pluf6 f., .., to do $5,000,000, periodl Mr. nawkins: To use the $5,000,000 on each station, period! Mr. Odio: txeuse me, Commissioners. At one point, you said that we could use another $500,0006 Mr, bawkins: No, we did notl Mr. Odio: Yes, you did, Commissioner. Mr, Dawkins: No, we did not! Mr. Odio: 1'll bring the records. Mr. Dawkins: OK, all right, then I will just move now that we undo that. The voters told us to build two stations for $10,000,000, The voters did not tell us to build two stations for $10,200,000, $10,300,000, ten million nothing! - and this Commission agreed that you would build two stations at $5,000,000 per station. You were also ordered to cut back wherever necessary to remain within budget. Mr. Odio: At one... Mr. Dawkins: Now, if we told you to remain within budget, when did we tell you it was OK, if you go over budget? Mr. Odio: You told us that we could use the... at the June 11, 1987 Commission meeting, Motion 87-570, and Motion 87-571, you said that if we had interest earned money, if needed, that we could use them in the substations. Mr. Dawkins: No, sir, no sir, no we did not say that. Mr. Odio: I will bring the copy of the motion to you. Mr. Dawkins: OK, I... I am getting ready to say I lied. I don't have no problem with that! Mayor Suarez: It is always subject to the Commission's determination, so we can certainly go into that now. Mr. Dawkins: OK, hold on one minute, hold it. Mr. Odio: No, but you asked me... Mr. Plummer: Now, Mr. Mayor, I think it goes further than that. I think yes, anything is subject to this Commission's approval, but I think also, we have an obligation not to break faith with the public, and that faith, we gave in that referendum, $5,000,000. It was very, very clear, and you know... Mayor Suarez: Let me ask a question this way. If this is from the interest on the bond monies, which I presume it is. Mr. Odio: Yes. Mr. Dawkins: It is. Mayor Suarez: If the voters approve it at a particular time and we don't want to break faith with them, they expect us to build it within a reasonable amount of time, and we don't, it takes a little longer than it should have, or quite a bit longer, during that time, construction costs goes up, but at the same time, the monies that the voters approved accrue interest, and that is able to compensate for the increased construction costs, that is not breaking faith with the voters. Mr. Dawkins: All right, let me ask a question, Mr. Mayor. Mr. Plummer; Well... Mr. Dawkins: Let me ask a question first, J.L. please. .Mr. Manager,,. ld 73 June 9, 1988 Mr. bdioi Yes, sir. Mr. bawkins: You were instructed to bring in, and I am going to only di§cuss one station, the north station at $5,000,060, Mr. 0d16: yes, sir: Mr. Dawkins: You told me that that's all it was going to cost, and that you had worked out all of the particulars for $5,000,000, Now, what are you going to spend $250,000 on, if you have designed a station, and you have it ready to be built for $5,000,0007 Mr. Odio: I will let them explain that, but I needed to clarify::, I want to clarify... Mr. Kennedy: Does this have something to do with the contamination? Mr. Dawkins: No, no, clarify what I asked you first, OK? Mr. Odio: OK. Mr. Dawkins: All right, listen to me clearly, so you can answer me fully. Mr. Odioe Go ahead. Mr. Dawkins: You were told by this Commission, when you came back and said you needed more money to build a station. We said bring the station in at $5,000,000. You sat down with the architect, we reworked the plans, we came up with a plan that said that this station can be build for $5,000,000. Is that a correct statement? Mr. Plummer: No, $4,500,000, with $500,000 left. Mr. Dawkins: Is that a correct statement? Mr. Plummer: Exactly. Mr. Dawkins: No, no,,I am talking to the Manager. You aren't the Manager. Mr. Plummer: I_might as well be, without briefcase, without their pay. Mr. Odio: Yes, sir, but, in June llth.. Mr. Dawkins: I don't... I mean, I am getting ready to try to get three votes so I can do that if I lied. I mean, I don't have no problem with that. Mr. Odio: No, no, you were right! Mr. Dawkins: I don't have no problems with that! The voters told us what to do, and we said that is what we were going to do. Mr. Odio: Fine, let them explain why we need the $250,000. Mayor Suarez: Yes, because... Mr. Dawkins: No, no... Mayor Suarez: .. whether it was subject to later action... Mr. Dawkins; Tell me where you are going to spend $250,000. Tell me where, if you already designed a station for $5,000,000... Mayor Suarez: Yes, because whether... Mr. Dawkins; and you are building it for $5,000,000. Mayor Suarez; The point of what the Commission did, is we wanted you to build it within the $5,000,000, that is what the Commission wanted. Why can it not be done? Lt. Joe Longueira; All right, Commissioners, you know, when the bids came in, they came in over budget by about $1,000,000. You awarded the bid, knowing that, and asked the contractor to work with,,, 74 June 9, 1988 Mt• Dawkins: Nbi no, n6.,. told the tonttact6r1 Lt. Longueita: You asked,.. Mayor Suaters We made it a condition, Joe, we made it a condition. Lt. Longueira: You asked him to work with us to reduce it to bring with.:. Mr. Dawkins: No, no, we told him to work with you, Joe, that's the difference!.:. and told you that if he didn't work with you, that you don't build the station, didn't we tell you that? Lt. Longueira: Yes, sir. Mr. Dawkins: All right, then. Mr. Odio: OK, fine. Mayor Suarez: Is it now in fact... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD, Mayor Suarez: No, no, don't... let's not start throwing blame around until we figure out what the Commission's consensus is here. Can you or can you not build it for the $5,000,000, and if you can't why not? Mrs. Kennedy: I want to hear from Joe anyway. Lt. Longueira: We have been working with the contractor. We awarded the bid based on the plans that were bid $1,000,000 over. We had to hire a new architect, pay additional architect fees to modify those plans as we go along. We have to do.., how do they call the construction? ... value engineering every step of the way. He makes modifications, we approve it, it goes back to the construction firm for a bid, they give us the bid on just that item. As the project goes along, you are making changes. Mr. Plummer: You are not empowered to make approvals on bids. Lt. Longueira: No, no, we are talking about on their estimate on what it is going to cost them to make the change. Mayor Suarez: You are talking about change orders in the contract. Mr. Plummer: Yes, but any change order over $4,500 has to come before this Commission. Lt. Longueira: No, you told us to bill it and work with the contractors. You said... Mr. Dawkins: Within a certain amount of money, Joe. You keep leaving that out. Now, you still have not answered my question, and I am going to ask it again. You say that you got $256,000 to spend on each station. Lt. Longueira: Right. Mr. Dawkins: Is that a correct statement? Lt. Longueira: Yes, sir. Mr. Dawkins: Now, you told me that you were going to build the north station within budget. What are you going to spend the $250,000 on at the north station? Tell me thatt Lt. Longueira: OK, the additional engineering fees are $47,000, Mr, Dawkins; All right, we still got $200,000 left. Lt. Longueira; The Arts In Public Places.,, Mr. Dawkins: We don't need no Arts In Public Places out there. 75 June 9, 1988 Mr. Pluh:mer: No, no, you have got to have it. It is mandated. You've got to do it by Metro rule, but that was in the original $4,300,000. It had to be. Mr. bawkins : Oh, yes, it had to be, or else you weren't going to build it? You know, this is ridiculous) Lt. Longueira: Because the project came in over, that wasn't part of it. Mr. Plummer: It's got to be. It is a law. Lt. Longueira: I know it is, that's why we need the money to finish it, otherwise, you are going to cut another $66,000 out. Mayor Suarez: OK. Lt. Longueira: Plus, we need about $136,000 for project contingency. You know, we are trying to come in within that budget. Mayor Suarez: Well, the contingencies are contingencies at the beginning of a project. As the project goes on, they become realities. What are those contingencies that have become actual expenditures? Mr. Plummer: There was a ten percent reserve built in originally for contingencies. What happened to that $500,000? Mayor Suarez: You know what I think may be the consensus of this Commission if I read the Commission right, Joe, is that if at any time you exceed the initial total amount, you are supposed to cut out some components. Mr. Plummer: Exactly, and this Commission, maybe in a simplistic way, but it seems awfully logical to me, sees a substation of that sort, as having all kinds of components, which, can at any time, just sort of be cut off as your cost increases. Just stay within the budget, why not? Lt. Longueira: I don't see it being that easy, and I've dealt with it for four years. Believe me, if I could do it that easy, I would. I've already cut the parking garage out, we have locker rooms at our south substation, to bring it in budget, prisoner process, hold cell, at our south substation. Mr. Plummer: Joe, let me tell you something - $5,000,000 for a substation. We built the present police station for $5,600,000, and it is three times the size. What in the hell are you building for $5,000,000? Lt. Longueira: Sir, it is on the record that the architect built... designed the substation within budget. It is also on the record, that he told us in writing, because we demanded a minority contractor, you could add 25 percent. He did not put that in writing until after it was designed and went to bid. Mr. Plummer: Then, let him go to hell! Lt. Longueira: You are right! The architect is gone, we fired him, but I have to deal with the reality of trying to get it built. If you think I enjoy this, I don't. Mr. Plummer: Then something has got to be cut out. Lt. Longueira: I want to get it built. Mayor Suarez: Well, how about if we... we have other items today, Commissioner. Maybe the Commissioner ought to go ahead and state for the record how we stand on this. I see this resolution as shown to me, and I guess I voted in favor of allowing the $250,000 expenditure. Frankly, my most important priority is to complete the substation, and if the rest of the Commission doesn't feel that way, maybe we ought to just go ahead and take a vote on it... Mr. Odio; that is why I needed to... Mayor Suarez; ... because it is a pretty advanced stage now, and they seem to understand from this resolution that they have the ability to spend that money. 76 June 9, 1988 Mr. Plummer: But see the problem is, OK... Mayor Suarez: You were consistent, you voted against it! Mr. Plummer: Hey, the problem is simple. You bet your bippy when you give them this $250,0001 they are going to be knocking on the door again, It you don't hold to the fire and say, this is it, remember, that $5,000,000 was to be handing over the key, desks, chairs... Mayor Suarez: OK, I've got an idea. Mr. Plummer: .., light, phones, air conditioning, everything was to be included. Mr. Odio: Commissioner, and they picked the wrong site in Little Havana, that you had to spend two times the money you needed to buy site. If we had not picked that site... Mayor Suarez: Let's not get into Little Havana, when we are just going to approve the north station. How about this, if we approve only... leave out the contingencies. At this point, there should be no contingency account. If you know what you need the money for, you can always come back and ask us to approve it, and only approve the rest of the expenditures, leaving out $130,000 that you said was for contingencies. If you don't know what they are by now, and you need the spend the money, this is not the time to be coming to us and asking for it. Mr. Plummer: Let me ask another question. Mr. Manager, why is the Police Department in charge of construction, rather than Public Works? Lt. Longueira: We're not. Mr. Gene Pelaez: I'm sorry sir, I am Gene Pelaez from Public Works. I'm standing by the sidelines. Mr. Plummer: Well, you haven't been doing much talking. Mr. Pelaez: No, I haven't sir, I'm sorry. Lt. Longueira is doing... Mr. Plummer: Are you in charge of the project? Mr. Pelaez: Yes, sir. Mr. Plummer: Well, it is very simple as far as I am concerned. For this one vote, we've got to keep the faith with the voters. It's just that simple. Now, what you can you cut out of that building? Lt. Pelaez: The $137,000, at this point, is a cushion. Mr. Plummer: No, forget about this $250,000. What can you cut out of that building right now? What luxury do you have in there that can be cut out? Mr. Pelaez: We don't have any luxury, sir. We will have to go, as Lt. Longueira said before, little by little, and as the architect submits the changes to us, we will approve them to come down to the four point two, that you originally mandated to us. Mr. Plummer: That's it. Mr. Pelaez: The building to be built for. Mr. Dawkins: Well, how can you comedown to four point two, when you are actually telling me you got two point five to go with four point two? Mr. Plummer: No, no, Miller, no. Four point two was the actual construction cost. $800,000 was supposed to be for furnishings. Two point five is twenty- five... two hundred.,. Mr. Dawkins: No, but he got $250,000 he is asking me to add, but he is just telling you he is going to do it for four point two. Mr. Plummer; That's construction cost. ;1 77 June 9, 1988 �:; Mr. Pe1aet: Cohstructioh Cost, Coftdnissioner. Mr. Plummer: The other $800,000 to make it to $5,000,000 was for furnishings. Mr. Dawkihse OK, all I am saying is, I voted no, the majority of this Commission voted yes, but according to this, and I am going to keep this now, nobody has to bring this back to me. It said that the $250,000 would be spent on each station. Mr. Pelaez: Yes, sir. Mr. Dawkins: Now, when you come back, don't come back telling me that at the north station you spent something else, because you needed something else. I don't want to know anything about that, see, because I believe you should stay within the... and I do not believe that we, this Commission, gave you the authority to override sitting down with 3-W, and bringing this station in at cost. You were supposed to redo... you paid Wright money to redo all the plans and everything, and you were supposed to be going step by step and each plan was to be redrawn, and come with specifications to bring this station in at what you were doing. Now, that's what you told me. Lt. Longueira: Yes, sir, as it is being constructed, that is exactly what we do. Every week, sometimes two, three times a week, I review changes. Mr. Dawkins: Well, if it changes, why do you have to have $250,000? Lt. Longueira: Because ultimately in the end, you don't know what all the changes are going to end... Mr. Plummer: I'll tell you why they got the $250,000, because it is there. If it wasn't there, they'd find a way to get around it, but the money is there, and they are going to spend it. Joe, Mr. Manager, I want on my desk next week, a complete set of the plans that are presently there, with a bid order on all of the furnishings that are going into that building. Don't tell me you couldn't find a way to cut a corner. Mr. Dawkins: OK, no further discussion. Mr. Plummer: That's why in government, you don't have to worry about the thing called profit and loss. You were given an ultimatum, and first thing you are out of the box, and now you are going to turn around and say it's the City Commission... Mr. Odio: I resent that about government and profit and loss. Commissioner, we worry about what monies we are spending here. Mr. Plummer: Profit and loss you never worry about in government. Mr. Odio: Yes, we do, sir. Mr. Plummer: Never! Mr. Odio: Yes, we do sir. Mr. Plummer: Because profit goes in your pocket, and God forbid if I catch you doing that. Mr. Odio: We don't put it in the pocket, we put it here it belongs, in the fund balance. That isn't the same thing. Mr. Plummer: Look, I want full set of those plans. As far as I am concerned, I'll guarantee you that I can take them to an expert and I'll find a way to cut the cost. In business, if you don't have the money, you don't spend it. Mayor Suarez: OK, what do we do with the item? That doesn't even require a motion. You are going to provide them with that information, obviously. Mr. Odio: Yes, sir. Mayor Suarez: And he's going to be a joint construction manager, which we can always use. 78 June 9, 1908 Mr. Plummer: Free of charge. Mayor Suarez: Free of charge, to that we can keep an eye on the cost. What do we do with this item? How much do you actually.,. just in an attempt to see if we can get the votes, Joe. What do you actually need right flow? Don't tell me about contingencies. Tell me about actual over... Mr. Odio: We need for the south, I know we need the $250,000. For the north, we need.,: Mr. Dawkins: With the north, you are going to spend $250,000. l don't give a damn what you need. Mr. Plummer: The south you haven't even started. Mr. Pelaez: Yes, but we know... Lt. Longueira: We know up front that we have the site soil contamination problem up front from the old gas station, which nobody knew we were going to have that. Mayor Suarez: But, in the case of the south, Joe, be reasonable. You are in a position to make major changes and cut components, because it hasn't even started yet. In the case of the north... Lt. Longueira: I can do that, if you give me more money to pay more money to the architect to go back in and change all the drawings, I'll do that, Mr. Plummer: Have we got the bids in yet on the south station? Mayor Suarez: I'm sure for a... Mr. Plummer: How much are they? Mayor Suarez: ... small percentage of what the architect will save, by eliminating a component... I mean, it doesn't take an architect to say, "Bam, we are not going to have this room where certain activities that are not absolutely necessary are going to take place," Joe. Mr. Plummer: I'll bet you everybody in that building is going to be very comfortable. Lt. Longueira: Mayor, I have already cut out, the parking garage, prisoner hold cells in there, and locker rooms for those officers, where the other stations are getting all of that, so I can cut more. Mayor Suarez: This one cost more to acquire. Presumably, this one is in a location close to where people live and otherwise desirable, so I mean, you know, there is... Mr. Plummer: Joe, don't sound like a hero, now. You didn't cut out a parking lot at the south station. You have surface parking there for almost a hundred automobiles. Mr. Dawkins: And also, what kind of a process... wait a minute, Joe, what kind of parking did you cut out of the north station? Lt. Longueira: A parking garage also. Mr. Plummer: No, you got a garage. Mr. Dawkins: No, what did you cut out? See, don't try to be Jesus like you are only doing this for one station! . Lt. Longueira: No, we cut out a parking garage at that one also, yes, Sir., Mr. Dawkins: So you cut out things at both stations, so don't stand up here.., Lt, Longueira: Right, that. made me doubly unhappy, 79 June 9, 1988 • • Mt, bwkiha: ,,: and act like the abuth station is the only one got pAtking dUt oUt a Lt, tohgueirat No, air, t hah tell you the horth,., Mr, Plummer: They got 106 surface parking, Lt, LOhgueira: The north has the worse problem, Mayor Suarez: On the north substation, for a second, what is your absolute need of the funds? - See if this Commission will approve it. Doh't tell me contingency, Tell me absolute heed of... Mr. Dawkins: $150,000, just like the other one. That's what it is, Mayor Suarez: You want to move that? Mr, Dawkins: Yes, I move... Mayor Suarez: All right. Mr, Dawkins: .., to spend the same amount of money on each station that we got. Mayor Suarez: Not the same, the... Mr. Dawkins: If you spend $8,000,000 on the south station, you spend $8,000,000 on the north station. Mayor Suarez: Make it $250,000. Mr. Dawkins: Well, whatever it is, I don't care. i Mayor Suarez: Up to $250,000. Mr. Dawkins:' Because if you are going to break the faith with voters, let's do it right! Mayor Suarez: I think it is fine thewaywe voted on it last time. Mr. Dawkins: Let them',know that we can't..., you can't hold us. Mayor Suarez: I'll entertain a; motion. Mr. Dawkins:... responsible for nothing we tell you. Mayor Suarez: I'll entertain a`motion on the north substation. You want to move it? Mr. Dawkins: Said what? Mayor Suarez: I'll entertain any motion. Mr. Dawkins: No, I'm not going to move no motions. Mayor Suarez: OK, I'll entertain a motion from somebody else who wants to move the.north substation. Mr. Plummer; Who wants to break the faith with the voters? Mayor Suarez: How much do you need to. be able; to complete asof now:without contingencies? Mr. Pelaez;Without the contingencies, Mr. Mayor, we got.$113,000, Mayor Suarez; I move the approval of $130,000 additional for the north substation, keeping in mind that we might very well go all ,the way up to $250,000 for the north and that we will match -equally, and that's certainly part of my thinking, for the two substations, Mr. Dawkins Match from where when you are laying off people, you are cutting back, 80 June 9, 1988 Mayor Suarez: From the intere§t on the bonds. Mr, bawkinse you charging people user's fees for taxes, and now you are going to find money. Mayor Suarez: I thought that is what you wanted. OK, I take that part out. $130,000 for the north substation, forget the matching, because you don't want it now. I thought you did. Mr. Plummer: Now, before you.,. Mrs. Kennedy: It has been moved approval of $130,000 for the north substation. Is there a second? Is there a second, going twice, the approval of the $130,000 on the north substation, is there a second? All right, I second. Mr. Plummer: All right, further discussion? Let me give you the good news now while you are waiting. Tell us what the sub south station bid has come in. Mr. Pelaez: The bid, Mr. Plummer, is $2,129,000. That's the low bidder. Mr. Plummer: Over projections. Mr. Pelaez: It is about 2.3 percent over the available funds right now. Mr. Plummer: They'll be back! There are building a mausoleum in their honor. Any further discussion? ... because it is going to kill you, it is going to kill this City, OK? When you continuously run over budget, over budget. If you don't believe it, ask Ted Gould. Call the roll. Mr. Odio: Commissioner, you can reject the bid and go back and see if we get a lower bid. Mr. Plummer: No, no, you are not going to get a lower bid, because just like I found all of the damn goodies that were built in, in the first bidding, you are going to find the goodies here. Now go back and change the specs and live within your budget, and you'll get a price that you can afford, OK? - I'm telling you, but as long as you keep writing the specs with all of these luxuries built in, you are never going to get a bid that is going to be the proper bid, what we promised the people, OK? Mr. Dawkins: What is the cost of the south station overbid now? Mr. Plummer: 2.3 percent he just said. - Mr. Dawkins: No, no, Mr. Plummer, I need dollars. I don't need percentage, I need dollars. Mr. Pelaez: The construction bid is $2,129,000, the available funds, I believe, is $2,082,000, so it is about $48,000 over. Mr. Dawkins: All right, why don't you leave the $500,000 alone and say that I need $50,000, and let us find... Mr. Plummer: (OFF MIKE)No, you made the motion and you seconded it. Mr. Dawkins: ... $50,000 for you for that station and forget about it. Mr. Pelaez: Mr. Dawkins, if I may, we also have $53,000 that we spent in demolishing... Mr. Dawkins: Hold it now, let me say something to you, OK? Mr. Pelaez: Yes, sir, Mr. Dawkins: What is the total amount of dollars you need over the original $5,000,000 to get the station built, and don't break it down in little bitty pieces, Give me... Mr, Pelaez: $250,000, 81 June 9, 1968 Mr. bawkins: Oh, right on the head, huh? Mr, Pelaet: Yes, sir, Mr, bawkins: Just what we got in the bankl Oh, how sweet. How sweetl Mr, Plummer: Convenient, just happened to bet Mr, Dawkins: How sweet it is, How sweet it is! Mr. Plummer: Yes, wait until they come back the next time, and tell you it is our fault that they can't build it: Any further discussion? Mr. De Yurre: Yes, this interest, aren't we paying interest on the bond money right now? Mr: Plummer: sure, we are. Mr, De Yurre: So, what... we are not talking about having available $500,000? Mr. Plummer: No, that should have gone to reduce the debt service. Mr. De Yurre: Because, what we are talking about is, the voters having given us $10,000,000 to provide them a service, which we haven't provided in how many years now? Mr. Plummer: The voters are going to pay double. They are going pay for the improvements to the mausoleum and they are going to pay through the debt service. Mr. De Yurre: Well, we should go back to the voters and ask them what they want us to do with the money. Mr. Dawkins: They'll give it back to us. Mr. De Yurre: Give it back to them? Mr. Plummer: Any further discussion? Call the roll. MOTION FAILED. MOTION TO APPROVE additional $130,000 for construction of north police substation, moved by Mayor Suarez and seconded by Vice Mayor Kennedy failed by the following vote: AYES: Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. ABSENT: None COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Go back and redesign. No, I am keeping the faith. COMMENTS AFTER ROLL CALL: Mayor Suarez: OK, and I gather that will probably... Mr. Plummer: Now, you bring it to me. I'll tell you what you do. Now, I am going to put the monkey on your back. You got us to this point... Mr. Dawkins: Oh, he is campaigning, he is not even running! Oh ohl: Mr. Plummer; OK, you go back and show me a way to cut that damn cost and come back to this Commission, OK? You can find a way. If it was money out of your pocket, you find a way. Mr. Longueira: All right. Mr. Plummer; And I'd better not find luxurious offices in there for administrative, and that furniture better be standard and not plush. 82 June 9, 1988 Mayor Suarez: And I think you've got a pretty clear message as to the south substation, where you have an opportunity how to redesign and cut out elements, I mean, literally cut out elements, whatever it takes, because otherwise.., and the important thing is to get these built, if it is a little smaller, or a lot smaller. Mr. Dawkins: And the longer they wait, the higher the cost. Mayor Suarez: Yes, and the longer the wait, the higher the cost, Mr. De Yurre: Mr. Mayor, I've a question on the Flagler Station. My understanding... Mr. Plummer: Excuse me, I'm assuming that was item 52, we did not read an ordinance. It was modified. For the Clerk:.. Mayor Suarez: We turned the whole thing down, so there is nothing to read at this point. Mr. De Yurre: On the Flagler Station, I've been told that the reason that they haven't broken ground is because there is some toxic problem underground. Mr. Pelaez: Yes, sir, we... Mr. De Yurre: And again, it is in the land. Mr. Plummer: Oh, oh. Mr. De Yurre: Now, just so you can clear up the discrepancy here. Over on 8th Street, the Latin Quarter the project that is being analyzed to purchase the land, to make the proposed project that they are working on there, my understanding is that the land can't be bought because there is a toxic problem underground. Is that correct? Mr. Plummer: You mean, the old "El Pub"? Mr. De Yurre: That's right. Mr. Plummer: You mean the grease trap? Mr. De Yurre: Who here can address that, Cesar? Mr. Odio: That is the first I heard of it. I'll have to check it out. Mrs. Kennedy: Well, one of the properties is contaminated. The one that used to be a laundromat. Mr. De Yurre: Right, now my question is, if we can't close on that property because the banks, or whoever the lending institution is, will not go ahead with the closing because there is that problem, was that not addressed when this land was purchased? Mr. Pelaez: No, Commissioner, there is a difference. Apparently, the case you are saying, we already knew there was contamination. In the police station site, we only found out about it after we had bought and started to level the ground. Mr. De Yurre: How did they know that there was contaminated underground toxic problems over on 8th Street? Mr. Pelaez: On 8th Street? I don't know. Mr. De Yurre: My understanding is that they ran a test. Mr. Pelaez: I'm not aware of that. Mayor Suarez; And it was built in.., I believe it was built into the contract to purchase and sale, which may have been a provision we should have put in this one too. The Commissioner is showing us an inconsistency there, in our procedures. 83 June 9, 1988 Mr. Plummer: Joe, let me ask you another question, since we are airing all the dirty linen. Let's get the editorials all at one time. What about the stables on Virginia Key? Lt. Longueira: There are no stables on Virginia Key. That site has been closed. Mr. Plummer: That site has been closed? What about the $500,000 you sent me two months to negotiate? Who closed the site? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Fine, give me a report. Mayor Suarez: OK, so much... Mr. Plummer: I want it, because I want to know who closed it. This Commission did not. Mayor Suarez: So much for the stables, but if you are going to give him a report, give the entire Commission a report. Somebody else might want to know. Mrs. Kennedy: Back to the Latin Quarter, to answer your question, Commissioner, we are working with the County and that and Jack Mulvena is here, who will tell you the latest. Mr. Plummer: You blew up a half million dollars? Mr. Mulvena: We were very near closing on two pieces of property in the Latin Quarter area when the environmental impact study indicated tetrachloride ethylene. Mr. De Yurre: Who put that provision in the contract? Mr. Mulvena: Well, no one put any provision in the contract, it is just, you know, protecting your interest before you buy a piece of property. In other words, we always do an environmental study before we close. Mr. De Yurre: But, that has to be in the contract for it to be a condition for you not to have to buy. Mr. Mulvena: Yes, we put it in the contract. Mr. De Yurre: OK, who is we, Off -Street Parking, or the City of Miami, who did it? Mr. Mulvena: Well, the City of Miami Department of Off -Street Parking, Commissioner De Yurre. Mr. De Yurre: OK, now, you are a different entity from the people that negotiated, or the entity that negotiated the contract for the purchase of the land on Flagler Street for the substation? Mr. Mulvena: Yes, we are different totally. See, we are different, but we discovered you know, if both the land owner and the would be buyer are cooperative, Dade County is very helpful in assisting in the resolution and we have been told, although, we haven't had to seek it, there is money available to clean up sites, so... Mr. De Yurre: Well, now we are talking about that property on 8th Street, what is the next step? You know, when can we see something happening there, and we forget about it, and talk about it every election year. Mr. Mulvena: No, we are meeting with Dade County tomorrow, as a matter of fact, with the owners, and you know, our own representatives and we are hoping we will have a resolution out of that meeting. Mr. De Yurre: And you will bring it before the Commission, or... Mr. Mulvena: I'd be very happy to, sure. 84 June 9, 1988 Mr, be Yurre: Well, I just want to know what is happening. Mr, MulVena: It is one of the items in our five year plan, which we are,:. Mr. Plummer: is ha, you are funny! Five year plan, you can't even give five months. Mr. Mulvena: We are going to deliver some goods in one year, arena parking program, not no small piece of change, you know. But, anyway, we are very close to closing on that property, Mayor Suarez: It will be even better news when you close. Mr. Mulvena: Yes, sir. Mayor Suarez: All right, Jack. --------------------------------------------------------------------- 25. APPROVE ESTABLISHMENT OF A HOME PURCHASE FINANCING LOAN POOL, ALLOCATING $1.5 MILLION OF INTEREST INCOME FROM 1976 G.O. HOUSING BOND TO FUND IT. Mr. Dawkins: Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mr. Dawkins: May I get permission to move 67. We have some people from Key West up here who need to get home. Can we move 67. Mayor Suarez: Item 67, Commissioner Dawkins's request - Key West apparently. That is a separate republic, for those who don't know. Mr. Dawkins: That's Key West Republic. Mr. Plummer: Careful, boys. You are talking about my heredity. Mr. Gereaux: Mr. Mayor and members of the Commission, as you all know, back in 1984, we bought an eight acre site. We call it the Melrose Nursery site. The strategy at that time, when we had such a tremendous rental housing crunch, was to select private developers through an RFP process and build a fairly intense and dense rental housing development to meet that outstanding need. Now, we did select a developer. The developer could not finance the project and there we were with land ready to develop again and no one to develop it. During that time, the Commission, also staff, took a really good look at the project and that area around it and what needed to be done. And at that time, we received a proposal from a nonprofit housing corporation to develop 153 townhouses on the site that would be affordable to low and moderate income people. You, in 1987 in January... Mayor Suarez: The history is very interesting, but I think we all have it memorized. Mr. Gereaux: You don't want to hear the.... Mayor Suarez: Didn't you know that? You got turned on by the... I heard Commissioner Plummer state it. You got turned on by the Surtax Board. Now, what is the story here? Do you have a chance to get... Mr. Gereaux: The bottom line of all of this is... Mr. Dawkins: There we go! Mayor Suarez; There we go. Mr. Gereaux: The bottom line of all of this, is that as hard as they tried, the nonprofit... Mr. Dawkins; What do you want, Jerry? The bottom line, what do you need? Mrs. Kennedy; What is the alternative? 85 June 9, 1988 Mr. Gereaux: ... sponsor did not get surtax stoney, and I want you to feserve in principle:.. Mayor Suarez: $1,500,066? Mr. Gereaux: $1,500,000. Mayor Suarez: What do we do with the other site? Mr. Gereaux: The other site is still in the surtax process. We have some funding if it becomes a necessity there. We talked to the sponsor. He doesn't feel that it will be necessary. He is a community based nonprofit. Mr: Plummer: My understanding was clear, that if they did not get the surtax money, the project could not be built. Mr. Gereaux: Your understanding is absolutely correct and that's how you, as a Commission, passed it. Mr. Plummer: But, if we take.., you are asking us here today to approve $1,500,000 which we don't haves Mr. Gereaux: Commissioner, what I am asking you to do here today, is allocate $1,500,000 that we do have sitting in a housing budget that is doing nothing for housing and convert that into active participation with five local banks to make this Melrose project happen. We are not giving away the money. The money will come back in the form of second mortgages. Mr. Plummer: What about all the rest of them that have applied for surtax? Mr. Dawkins: In the event that the... I'm only interested in two, that is Melrose and the Civic Center. In the event that the Civic Center comes, we have money to make adjustments with them? Mr. Gereaux: We have money to make adjustments similar to what we are doing here, and all we are saying is... Mr. Plummer: How much money do you got in that fund? Mr. Gereaux: We have $2,600,000 in that fund, earning interest. Mrs. Kennedy: Well, let me say something, that this is the first time that five local banks have gotten together to provide first mortgages. We are very, very close to making this deal and if the money is available and we can use the interest, the City is going to get the money back in the form of second mortgages. I'm all for that, Jerry. Mr. Dawkins: Move it. You move it? Mrs. Kennedy: I move it. Mr. Dawkins: I second. Mr. Plummer: All right, under discussion. In the case of default, do we get our money back? Mr. Dawkins: No, it is the same thing as you said this morning, when you say we must take risks. Now, we cannot be prepared to take risks with the Orange Bowl, where they may have all the people they say they are going to have for the Orange Bowl, and it doesn't come up. We cannot take risks where the University of Miami may not be number one, and they may not have what, so this is another one of those risk taking situations. Mr. Plummer: OK, just let's get it on the record, Mayor Suarez: And now, this would leave how much for the Civic Center site, if they came to apply, Jerry? Mr. Gereaux: This would leave approximately $1,000,000, if that became necessary. I 86 June 9, 1988 Mayor Suarez: Do you anticipate that they would be approved by the Surtax Board? Mr. Gereaux: Yes, I do. Mayor Suarez: And if... at that point, how much will they Heed because we would like to make both of these viable! Mr. Gereaux: They are asking $1,000,000 from the Surtax Board in the form of second mortgages. Mayor Suarez: Coincidentally, the exact amount that you would have available. This is like the substation issue heret Very good. Mr. Gereaux: We have to have redundant systems if we are going to get housing built in Miami, Mr. Mayor, Mr. Plummer: So then in other words, when that is depleted, we are broke. Mr. Gereaux: When the remaining interest on our little issue here, our little second mortgage program is over, we are broke in terms of being able to provide second mortgages. However, I would... Mr. Dawkins: There are for sale homes, right? Mr. Gereaux: These are for sale homes. Mr. Dawkins: And as they are sold, we get the $1,000,000 to put back in, is that correct? Mr. Gereaux: That's right, but I want to respond to your question, Commissioner. I think that we need to take a much, much more aggressive role, active role, in how that surtax program is working. Mr. Plummer: Well, but how much money has been forthcoming from the Surtax Board to Miami projects? Mayor Suarez: That's a good question. Mr. Gereaux: Sure, I'd say that based on Jerry Gereaux' formula, we better get 40 percent of that money every year. Mr. Plummer: How much of it is raised in the City of Miami? Mr. Gereaux: That is something that we can't even get a handle on, but what we do do, is compare the housing assistance needs of the four participating jurisdictions, Hialeah, Miami Beach, corporate Miami, and unincorporated Dade, and if you compare those needs on a relative basis, we should get 40 percent of that money every year. Mayor Suarez: But that is on the basis of need and the Commissioner is asking, and I think we ought to be able to f igure out, at least within some degree of certainty, on the basis of contribution, the biggest transactions I would think, are being made in the City maybe, and we may have an over proportion of the contribution too. Mr. Gereaux: Yes. We would need to put somebody on that to work over in the recorder's office... Mayor Suarez: I am sure you can do that in your spare time. Mr. Gereaux: ... because they are reluctant to provide us with that information. Mayor Suarez: OK, we have a motion and a second. Any further discussion? Mr. Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins; We are interested in providing housing stock, OK? Now, we have been saying for almost four years that we were going to do the Melrose site 87 June 9, 1988 and the Civic Center site, so now, if we are getting off of square one with the Melrose site, how long is it going to take you to sit down and come back before this Commission and tell me that we are ready to start building homes on the Civic Center so we can get some affordable housing out here like we promised? Mr. Gereaux: Yes, it is an educated guess if they get surtax monies. Mr. Dawkins: Now, you guessed up on how much money you need the $1,500,000. Guess up on that. Mr. Gereaux: How long will it take? They should be able to be in the ground if they get the surtax financing next month, within four months. Mr. Dawkins: OK, thank you. No further questions. Mr. Gereaux: They should be able to be in the ground, and if they don't I'll be back in September with a similar request for them. Mr. Dawkins: Get your request ready, because they don't have it. Mayor Suarez: OK, we have a motion and a second, any further discussion? Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-529 A RESOLUTION APPROVING IN PRINCIPLE THE ESTABLISHMENT OF A HOME PURCHASE FINANCING LOAN POOL FOR THE PURPOSE OF PROVIDING AFFORDABLE HOME PURCHASE FINANCING FOR QUALIFIED, LOW AND MODERATE INCOME PURCHASERS OF THE TOWNHOMES PROPOSED FOR DEVELOPMENT ON THE PUBLICLY OWNED MELROSE NURSERY SITE BY MELROSE TOWNHOMES, INC. A NOT -FOR -PROFIT HOUSING DEVELOPMENT CORPORATION, SUBJECT TO CERTAIN TERMS AND CONDITIONS; FURTHER ALLOCATING $1,500,000 IN INTEREST INCOME FROM THE 1976 GENERAL OBLIGATION HOUSING BOND TO FUND THE LOAN POOL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 88 June 9, 1988 lb. CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO INCREASE APPROPRIATIONS FOR TWO EXISTING PROJECTS ("SILVER BLUFF STREET IMPROVEMENTS" AND "BUENA VISTA STREET IMPROVEMENTS = PHASE III") UNTIL THE CITY CAN IMPLEMENT A PUBLIC EDUCATION PROGRAM TO ENSURE CITIZENRY SUPPORT OF THE PROJECT. Mayor Suarez: Item 53, Silver Bluff. Mr. Odio: This is to amend the... Mayor Suarez: Silver Bluff's street improvements, right? Mr. Odio: Yes, sir, and Buena Vista street improvements, Phase II1.6 Mayor Suarez: I'll entertain a motion on the item 53, Buena and Silver Bluff street improvements, $50,000 each. Commissioner. Mrs. Kennedy: Move it. Mr. Plummer: Just for the record, how did they vote on the bond issue? Did they vote for the bond, or did they vote against it? Mr. Kay: The precinct in the Buena Vista area voted in favor and the precincts... all precincts north of U.S. 1 in the Little Havana area were against it. Mr. Plummer: Well, you know... Mayor Suarez: Wait, that contradicted what you just said. Mr. Plummer: He- said `the precinctnorthof U.S. 1 voted against it. Mr. Kay:In the Little Havana area were against. Mr. Plummer: Silver Bluff... Mayor Suarez: So, west of 95. You say Buena Vista voted for it? Mr. Kay: Yes, west of 95, right. Mr. Plummer: Why do you have to increase the appropriation? You know, what is the increase in the appropriation? Here we go again. Mr. Kay: Both of these projects are $2,000,000 projects, each over all, for construction and design. What we did was, we didn't have any bond monies to construct these projects so what we did was designated the funds for design only, and so these are originally $50,000 each for preliminary design work, and these will complete the plan. Mr. Plummer: When you put these bids before this Commission, you built in 17 percent. What did that 17 percent go for? Mr. Kay: Well, this isn't even 17 percent. Mr. Plummer: I'm aware of that. Mr. Kay: the 17 percent... Mr. Plummer: But in the bid package, you put in 17 percent. Mrs. Kennedy: Right, that goes... Mr. Plummer: Part of that is contingency. Mr. Kay: Part of that is design, part of that is inspection, and survey services and testing lab. 89 June 9, 1988 Mr. Dawkins: Mr. Manager, what would it do to your program if I were to make a motion that we go back out and publicly say that only those individuals who want it, the storm sewers, and voted for the bond, were interested in doing their area, so therefore, we are going to take the money that we have now and do those areas and we will go back and ask for another bond and see if those people would change their mind about their area. Mr. Odio: What would it do to my program? Mr. Dawkins: Yes, getting the job done. Mr. Odio: Let me tell you something, Commissioner. We don't have many funds left in the pots for... Mr. Dawkins: Yes, but see, this is what I am saying, Mr. Manager, and you see... Mr. Kay: We have about $500,000 left. Mr. Dawkins: ... everybody who comes down here, OK? - they don't want us to raise the users fee. Mr. Odio: That's right. Mr. Dawkins: They don't want us to put in a cleaning fee, they want us to raise taxes, but yet, when we ask for a bond issue, with which to do these things, they vote against it, and then they come down here and get mad when we can't do it. And I think it is about time that we let them know that you are the reason that this isn't getting done. Mr. Odio: Well, $500,000 is what we got left. Mr. Dawkins: What we got left? Mr. Odio: And with that, believe me... Mr. Dawkins: So we need to taker that $500,000 and do the sewers in the area where the people approve the bonds, and then go back and tell those where we can't do it, well, you know, you voted against the bond, now you want us to pass another bond issue, we will put it out and you vote for it, we can do your area. Mr. Odio: Well, it is going to come to that, Commissioner, because like I said, with $500,000, we won't be doing very much. Mr. Dawkins: And then when we sit up here and say we have got to have a sewer users fee, in order to bring the sewers up to a health standard where we will not be criticized by the State of Florida, and everybody, by having a health hazard, then everybody is going to get mad and say I am not going to vote for you because you raised my taxes! Mr. Odio: And the pavement of the street, sir, that is another problem. Mr. Kay: Mr. Commissioner, for the record, I'd just like to say that the bond issue, $40,000,000 bond issue for highway projects that failed this last March, was the very first public works bond issue that I know of that has failed since I have been with the City for the last 17 years, so I am saying we should go for another one some time in the near future, is what I am saying. Mr. Dawkins: So you are saying that I should assume that because that was the first one that failed, that none of the others will fail? Mr. Kay: No, sir, I think we probably need to go back as a better job. Mr. Dawkins: OK, then, what I am saying to you is, that they knew it was going to fail, that is why they voted for it to fail, so they got to make up their minds what they want. Now, that is just one vote up here, I don't know, but somewhere, the citizenry, of which I am one of, has to realize that there is no free lunch, OK? The Federal government is not giving us anything, the State of Florida cuts back as far as it can, and we are at the 10 mill millage cap, and these things have to be done. 90 June 9, 1988 Mr. Odio: Mr. Dawkins, you are tight, you know, we lost, when the highway improvement bonds, failed, we lost $1,500,000 a year, that we could use for administrative cost that would have subsidized employees in the Public Works Department, which we now will have to fund out of the General Fund. Mr: Dawkins: No further questions. Mayor Suarez: Oki we have a motion and a second on 53. Mr. Dawkins: What is the motion? Mayor Suarez: Read the ordinance... to approve the.:. Mr. Plummer: Who made the motion? Ms. Hirai: I don't have a motion, Mr. Mayor, Mr. Dawkins: 'Who made the motion? Mayor Suarez: I thought we did. I thought you seconded it for discussion. I entertain a motion on 53. Somebody move it, to deny, to approve, whichever. Mr. Dawkins: I move. Like I said, I move that it be continued until we can educate the public as to what we are doing and why we are at the stage where we are, and let them tell us, that they are going to support bonds that will do the sewers, or they are not, or you can charge me a user's fee, and I will not hold it against you in 189, Miller Dawkins, when you run. Mayor Suarez: You know, the idea has a lot of merit. If we now go to Buena Vista and Silver Bluff and start educating them to why we need eventually to have them approve the bond issue that they turned down, or some similar bond issue or smaller size, or whatever this Commission agrees to put on the ballot, maybe it will pass next time. Mr. Dawkins: I think so. Mayor Suarez: OK, we have a motion to continue, pending... Mr. Odio: In this case, though, if I may... Mr. Kay: This is design only. Mr. Odio: This is actually design, and this was to reflect the actual preliminary expenses and the actual design costs incurred in 188. This will not send that message out, that the one we... Mr. Kay: We will not construct with this project. Even if this item is approved, we will not go to construction of any of these projects until a future bond issue is passed. Mrs. Kennedy: You are talking about the difference between preliminary designs and actual designs here? Mr. Kay: That's right. Mr. Odio: We don't have the funds to do any of the work in this area. Mr. Plummer: Well, come back when the bond issue passes. Mr. Odio: OK. Mayor Suarez; I could go either way on it, because it is a small amount for design, but the thing is, when you are down to half a million dollars, as you have told us, you know, $100,000 is... OK. Mr. Plummer: Why design something you don't have money to build? Mayor Suarez: You got it. We've got a motion, do we have a second? Mrs, Kennedy: Second. 1 91 June 9, 1988 Mayor Suarez: Second. Any discussion? Call the roll. Mr. Fernandez: It is an ordinance need to be read: Mayor Suarez: I guess it is just a motion at this point to deny so... Mr. plummere It is a motion to defer. Mr. Fernandez: Motion to deny? :. OK. Mayor Suarez: ... or defer, so, call the roll, Ms. Hirai: To continue. Mr. Plummer: No, excuse me! It is not to deny, it is to continue or defer. Ms. Hirai: It is continued. Mayor Suarez: To continue. Excuse me, do you want to address the motion to continue? Unidentified Speaker: No, not at all. Mayor Suarez: OK. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 88-530 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM 53 ("INCREASE APPROPRIATIONS FOR TWO EXISTING PROJECTS - SILVER BLUFF STREET IMPROVEMENT AND BUENA VISTA STREET IMPROVEMENT - PHASE II") UNTIL THE CITY CAN IMPLEMENT A PUBLIC EDUCATION PROGRAM IN ORDER TO EXPLAIN TO ITS CITIZENRY WHAT IT IS DOING WITH RESPECT TO EXISTING PROJECTS; FURTHER STIPULATING THAT RESIDENTS' INPUT SHALL BE INVITED TO ENSURE THEIR SUPPORT OF THE AFOREMENTIONED PROJECTS. 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. NOTE FOR THE RECORD: AGENDA ITEM 103 WAS WITHDRAWN. 92 June 9, 1988 -------=-- _------_---- -�_- 21. FIRST READING ORDINANCE: AMEND CODE TO ALLOW FOR THE ADDITION AND REMOVAL OF CERTAIN POSITIONS WHICH ARE CONDITIONALLY ALLOWED TO REJECT MEMBERSHIP IN THE GENERAL EMPLOYEES AND SANITATION EMPLOYEES RETIREMENT TRUST, ETC. -------------------------------------------------------------------------- Mayor Suarez: Item 54, first reading. Anybody want to tell us about item 54, or any Commissioners have any questions? Somebody want to move it? I'll take anything at this point. Mr. Plummer: Due to the lack of interest, today has been cancelled. Mayor Suarez: Item 54, is this controversial, Mr. Manager? Mr. Odio: (OFF MIKE) It is deferring to the City Attorney's Mr. Fernandez: Yes, it is really not controversial, it is just housekeeping details and changes to the pension ordinance to clarify language and to add and delete titles of positions that may apt out of.... Mayor Suarez: I'll entertain a motion on it. Mrs. Kennedy: Move it. Mayor Suarez: Moved, do we have a second? Mr. Plummer: Second. Mayor Suarez: Second. Any discussion? Mr. Plummer: Under discussion, Mr. Manager, as a City Commissioner, I read in the morning paper, I don't know if any of my colleagues have got information that I have. With interest I read that you have negotiated a settlement with the Police Department on their labor negotiations. Mr. Odio: Yes, sir, and I informed your office of that, and you were... Mrs. Kennedy: We were informed. Mr. Odio: Yes, sir. Mr. Plummer: Well, I'll go back and tear her up. I just asked her. Mr. Odio: No, no, please, because I tried to find you at that point, and I don't know what happened, but, we did notify your office to inform you. Mr. Plummer: And we will be getting a copy of what has been negotiated. Mr. Odio: Oh, yes, sir, the... Mr. Plummer: OK, I am sorry, my office told me that I wasn't informed. Mr. Odio: Well, we, you know... Mayor Suarez: Any further discussion on this item? Mr. De Yurre: What have you got the Herald for?. To find out things. Mr. Fernandez: Reading the ordinance. Mr. Plummer: One - 800. Mr. Plummer: Commissioner, we are bringing in the contract for ratification, if it is ratified by the union members, on June 23rd. Mayor Suarez; Were you going to make any announcement on it today? Mr. Plummer; It's in the paper. 93 June 9, 1988 ■ Mr. Odio: No, no, all we say in the paper is that we have reached an agree... Mayor Suarez: You mean the paper got it down tight! Mr. Plummer: I didn't say that. Mr. Odio: Not all the details Mr. Plummer: I said there was something in the paper. Mayor Suarez: It could have been accurate or not, huh? OK, read the ordinance on 54, please. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA AS AMENDED, TO ADD AND REMOVE CERTAIN POSITIONS WHERE PERSONS EMPLOYED IN THOSE POSITIONS ARE CONDITIONALLY ALLOWED TO REJECT MEMBERSHIP IN THE CITY OF MIAMI GENERAL EMPLOYEES AND SANITATION EMPLOYEES RETIREMENT TRUST (RETIREMENT PLAN) OR THE CITY OF MIAMI FIRE FIGHTERS AND POLICE OFFICERS RETIREMENT TRUST (RETIREMENT SYSTEM); FURTHER ADDING CONDITIONS FOR REJECTION OF MEMBERSHIP IN THE RETIREMENT SYSTEM; AUTHORIZING DISTRIBUTION OF CONTRIBUTIONS MADE BY AND ON BEHALF OF SUCH PERSONS FILLING THOSE POSITIONS AS PROVIDED FOR IN TRUST AGREEMENT APPROVED BY THE CITY COMMISSION; DELETING OTHERWISE LIMITING RESTRICTIONS UPON SUCH DISTRIBUTION; FURTHER REMOVING AN ADDITIONAL OPTION BY THE CITY MANAGER TO REJECT MEMBERSHIP IN THE RETIREMENT PLAN OR RETIREMENT SYSTEM AND HAVE A SEPARATE RETIREMENT BENEFITS ACCOUNT ESTABLISHED FOR HOLDING CONTRIBUTIONS MADE BY AND ON BEHALF OF THE CITY MANAGER; FURTHER ADDING LANGUAGE SPECIFICALLY SETTING FORTH THE REQUIREMENT OF UNINTERRUPTED MEMBER SERVICE WHICH MUST BE MET BEFORE A VESTED RIGHT TO AN EXECUTIVE BENEFIT MAY BE DEEMED TO HAVE EXISTED ON OR BEFORE MAY 23, 1985; MORE PARTICULARLY AMENDING SECTIONS 40-208(B), 40-214, 40-234 AND 40-241 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Commissioner Plummer and was passed on its first reading by title 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. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 94 June 9, 1988 --------------------------- --------- -------------------------- -------- 28. INSTRUCT CITY ATTORNEY TO PREPARE LEGISLATION REGARDING PROPOSED EXPANSION OF MIAMI SPORTS AND EXHIBITION AUTHORITY. --------------------------------------------------------------------------- Mr. be Yurre: Mr. Mayor. Mayor Suarez: Commissioner. Mr. be Yurre: I'd like to bring up for a moment, the issue of the possibility of expanding the Sports Authority, which has nine members presently, expanding the board to eleven. Presently, you, the Mayor, have one vote, or you name one person, and the rest of the Commissioners each have two. I think that in the next year or two year period, we are going to be going through a lot of concerns that deal with sports and certainly I feel that even though they may not have any input directly as to what we are going to do, when we are going to be deciding things, but I would like to see the Sports Authority expanded to eleven, giving the Mayor the two additional votes and then the other Commissioners retaining two each. Mayor Suarez: Are you also suggesting that the entire board should be reappointed, or are you suggesting to keep... Mr. De Yurre: No, just the addition of two additional... Mr. Dawkins: I second it. Mayor Suarez: Well it... moved and seconded. There was certainly an incident that we all remember where the person previously sitting in the chair you are sitting figured out a way to give me one appointment, and I appreciate the Commissioner's consideration in giving me two appointments to make up for spending the better part of two years with only one appointment, so I certainly would go along with that. Moved and seconded. Any discussion from the Commission? Call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 88-531 A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE NECESSARY LEGISLATION IN CONNECTON WITH THE PROPOSED EXPANSION OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FROM 9 TO 11 MEMBERS; FURTHER STIPULATING THESE TWO EXTRA APPOINTMENTS SHALL BE MADE BY MAYOR XAVIER L. SUAREZ. 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. NOTE FOR RECORD: Commissioner Plummer expressed concern that new DDA member Michael Koznitsky, appointed in April had not been notified of his appointment. Mayor Suarez, chairman of the DDA assured Commissioner Plummer that Mr. Koznitsky is already serving on that board. 95 June 9, 1988 29. FIRST READING ORDINANCE: CREATE THE MIAMI WATERFRONT ADVISORY BOARD = DESIGNATE MEMBERSHIP, PURPOSES, ETC. Mayor Suarez: Item 55, Mr, Odio: This is a Law Department item, but it is the creation of the Miami Waterfront Advisory Board, consisting of 10 members. There is an amendment to this ordinance in front of you. Mr. Fernandez: The amendments that we are putting are at the request of the chairperson of the board, and that is to delete language relative to a secretary and asking the City Manager's office to provide administrative support to the board... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Fernandez: Yes, that means staff, administrative support to the... Mr. Plummer: What? Mr. Fernandez: ... board and the second change that is in front of you by way of an additional memo handed out, is the terms of office and cause for removal. Those have been changed from the way that they were originally presented to you. Originally, the board had a rule that upon a member being absent for a number of meetings, that would give rise to that member being dismissed. The proposed language now reads that that's solely within the power of the City Commission to both appoint and remove members, taking away from the board itself, that power to remove. Mayor Suarez: Why are we doing that? Mr. Stuart Sorg: Mr. Mayor, under resolution 79-172, when we first created the Waterfront Board, Article VII gave the Waterfront Board the right to remove those people who didn't make three meetings, and so forth, rather than come back to the Commission every time somebody doesn't make the meetings. Mayor Suarez: You are sneaking in with a suggestion now, when we decided to change the composition of the board to change the rules, and the rules suggesting... the change that you are suggesting is that you are able to do that on an automatic basis based on... Mr. Sorg: Of part of the resolution, which is stated right in, which I just passed to you. It's the same... Mr. Plummer: Well, that's what is there now. Mr. Sorg: It's the same... Mr. Plummer: What's there now is they miss three consecutive meetings, that's automatic... that's not a matter of the board deciding, it is automatic, wham, they are out. Mr. Sorg: Right, exactly, exactly. Mr. Plummer: Then why do you want to change that? Mr. Sorg: I'm not. I want the same principle, but that wasn't written into the current ordinance, though. This just specifies... Mr. Plummer: I think it is a good thing. Mr. Sorg: It prevents us from coming here each time we have to notify you somebody is not following the rules. Mr. Plummer: No, no, no, It is just automatic. If they miss three consecutive meetings, they are out. We appoint another one. Mr. Sorg: Yes, sir. 96 June 9, 1988 Mayor Suarez: is there any issue of the absence being excused or not? Mr. Sorgt I think the chairman can have that right to do that, Mayor Suarez: No, but is that built into the existing regulations? Mr. Sorg: No, sir. Mr. Dawkins: I don't think the chairman should have that right. Maybe the City Commission should be able to determine whether it is excused absence: Mayor Suarez: Yes; let's make up our minds how you want to go. Is that your preference, everyone, that... or would you rather it not come to us? I don't really care. Mr. Sorg: That means that every time that somebody wants to... Mayor Suarez: 1 wish you hadn't brought this point up. Mr. Dawkins: You have got to come here to get somebody appointed... Mayor Suarez: Why did you have to bring this point up? We are trying to reconstitute your board so it will function, and you are causing us to not function as a board herel Mr. Sorg: Yes, sir. Mayor Suarez: All right, what does the Commission want to do on that? To me it is either way, I don't really care. Mr. Plummer: Well, explain to me, "Setting forth organizational and operational details." Is that staff? Mr. Sorg: Yes, sir. Mr. Plummer: How much? Mr. Sorg: Whatever. The same we have now, Bibi at the Waterfront Board. That is principally the lady at Dinner Key Marina, that is it, and whatever support we need from the Manager at times. Mr. Plummer: How much? Mr. Sorg: It is a monthly support situation. Mr. Plummer: How much? That's dollars, with a big "S" and the two lines running through. Mr. Odio: We don't have any... Mr. Sorg: No, we don't need dollars. Mr. Odio: We send someone from the marina to attend the meetings. Mr. Plummer: So you are telling me it costs nothing. Mr. Odio: Nothing. Well, it does, because this person is on staff. Mr. Plummer: How much? Mr. Odio: Additional expense to the City? Mr. Plummer: Yes. Mr, Odio: Zero. Additional expense, zero. Mr. Plummer: OK, thank you, How many members do we have now? Mr. Sorg: We have nine, this is raising it to ten. Mr. Plummer: Why would we go to ten? 97 June 9, 1988 Mr, Sorg: tbt ause that was the suggestion of the CofnAission, Mayor guarez: It is divisible by five. Mr. Sorg: Right. Mr, Plummer: Ott, Mr. Sorg: Each Commissioner gets two appointmehts, Mayor Suarez: You remember all the problems we hadj and you wanted to get your appointment. Mr. Plummer: tine, Mrs, Kennedy# Stuart, you are the Chair, I hope that you continue being the Chair. Mr. Sorg: If that is the pleasure of the Commission, Vice Mayor, Mayor Suarez: Sometimes pleasure, sometimes pain, but there you have it. Mr. Dawkins: Your term will be up when? - so it will be a pleasure to me. Mr. Sorg: Three years, Commissioner Dawkins. Mr. Plummer: You don't even look like Papa Docl Mr. Sorg: You know you'd miss me, Commissioner. Mayor Suarez: How is the setup on the legislation,is it the board itself, that selects its own chairman? How is it set up? Mr. Sorg: That's right, that is the way it has been done in the past. Mayor Suarez: So; you are going to have to lobby, it. sounds like, except you can't talk them,,'so... Mr. Sorg: Unless you choose to make the appointment, which you have the right under this ordinance, as the Vice Mayor just did. Mayor Suarez: Right. Well... Mr. De Yurre: Well, Mr. Mayor, I have a question because a statement was just made that troubles me. We're talking about, and J.L. was alluding to it, putting a staff person to address the board, or to take care of its business,. and Cesar said it is not going to cost us anything. Mr. Odio: I didn't say that, Commissioner. I said there would be no additional expense to the City - no additional expense. Mr. De Yurre: OK. Mr. Odio: The person is on payroll at the marina,- and she will attend the meetings like she has been doing for years. Mr. De Yurre: So, it would be like after hours. Mr. Odio: When they meet at night, it, will be, yes. Mr. De Yurre: So, it isn't like they are taking away from their daily duties to take care of this business. Mr. Odio: That is correct. Mr. Dawkins: Yes, you have got to pay them overtime, Mr, Odio The staff person that.,. Mr. De Yurre: They don't get paid overtime or anything? 98 June 9, 1988 Mr: Odi6: No, sir: Mayor Suarez: It is someone that is not a civil service employee, it is discretionary and, OK, no overtime, toy, we are really getting down to the dollars and pennies here, i see: Mr. be Yurre: How about... how are we going to be naming these members? Did we decide that a while back? Mr. Plummer: We'll each get two. Mr. Odio: Yes, but it is riot additional expense to the City. Mr. De Yurre: Are we starting from scratch? Mayor Suarez: Yes, totally starting from scratch. Mr. De Yurre: So it is a brand new thing, right? OK. Mayor Suarez: OK, any further questions on this item? Mr. Plummer: Move it. Mayor Suarez: I'll entertain a motion. Moved. Do we have a second? Mrs. Kennedy: Second. Mayor Suarez: Seconded, read the ordinance, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE CREATING AND ESTABLISHING A MIAMI WATERFRONT ADVISORY BOARD, CONSISTING OF TEN (10) MEMBERS FOR THE PURPOSE OF REVIEWING AND EVALUATING ISSUES RELATED TO THE USE AND DEVELOPMENT OF CITY - OWNED WATERFRONT PROPERTY AND FOR THE GIVING OF ADVICE TO THE CITY COMMISSION CONCERNING SUCH OTHER MATTERS AS ARE REFERRED TO IT BY THE CITY COMMISSION IN REGARD TO CITY OR PUBLIC LAND ABUTTING WATER; DESCRIBING THE METHOD OF APPOINTING MEMBERS TO THE BOARD; SETTING FORTH ORGANIZATIONAL AND OPERATIONAL DETAILS, INCLUDING TERMS OF OFFICE, REMOVAL OF MEMBERS, AND SELECTION OF A CHAIRPERSON; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CITY CODE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title 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. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Sorg: Now you have got to appoint the board, Mr. Mayor. We are all off. Mayor Suarez: I'm not ready for my appointment. Mr. Dawkins: I'm not ready for mine. Mrs. Kennedy: I will be ready for mine, before the end of the meeting. 99 June 9, 1988 Mayor Suarez: And I'll be interested in any suggestions you might have the from the existing board. Mr. Sorg: We are going to come back next month on it? Mayor Suarez: Do it in Writing. Please don't call me. Mr. Plummert I nominate Davy Jones and Esther Williams. Mayor Suarez: So moved. Mr. Dawkins: Second, Mr. Sorgt Do you want this to come back next month for the Mayor Suarez: Actually, can we do it in between? Can we build that into the motion? Mr. Dawkins: OK, no problem. Mayor Suarez: Can we do it by designation in writing? Mr. Sorg: Is that possible? Mayor Suarez: So that we don't have to wait until the next Commission meeting. . Mr. Sorg: Shall I meet with you and work that out? Mayor Suarez: In writing. NOTE FOR THE RECORD: AT THIS POINT, AGENDA ITEM 56 IS WITHDRAWN BY THE ADMINISTRATION 30. A - DISCUSSION OF PROPOSED CHARTER AMENDMENT NO. 2 EXPANDING MEMBERSHIP OF THE OFF-STREET PARKING AUTHORITY - FURTHER PROVIDING FOR STAGGERED TERMS. (SEE LABEL 35) B - APPROVE DRAFT OF PROPOSED CHARTER AMENDMENT NO.3 - CITY ATTORNEY TO SERVE AS COUNSEL FOR THE OFF-STREET PARKING AUTHORITY. (SEE LABEL 35) Mayor Suarez: Item 57. Ohhhh! Mr. Plummer: Ah, yes! Mr. Odio: Mulvena. Mayor Suarez: We have the pleasure of dealing with this issue today. Mr. Plummer: We have seen you before. Mr. Jack Mulvena: Good afternoon, Commissioners, Jack Mulvena, executive director of the Department of Off -Street Parking. As you know, the Department has seven agenda items. One of them, four of our five board members have come down today to speak to, and that is item number 69, regarding the Charter amendment, and I wonder if I could presume on the Commissioners to take that one out of sequence, so that they might be able to speak and then be about their business today. Mayor Suarez: Actually... Mr. Mulvena: 69. Mayor Suarez: 69, yes, they are all related. Mr. Plummer: You intentionally separated that out from the rest. Mayor Suarez: I'm sure all the board members are going to tell us that they are in full agreement with what we are trying to do here, and if so, we just 100 June 9, 1988 go ahead and note that for the record, and be done with it. That's not the case? Mr. Plummer: Let me tell you an amendment that 1 think has to be there, because I just assumed that it was and it is not, and I think it is mandatory that it has got to be. The terms of the new members, as well as the terms of the old have got to be staggered. Mr. Fernandez: In essence they will be. Mr. Plummer: In essence, hell, in writing! Mr. Fernandez: It is in writing, also, Commissioner. If you read the provisions provided, the existing members will be concluding their terms. The existing members have staggered terms, which means that those terms, when they get off their terms and they get filled by you, they will continue then, on a five year basis and the staggering will continue. Mr. Plummer: I am talking about the new members. Mr. Fernandez: Oh, well then, for the six new members, if you want those six staggered, that could very easily be done. Mr. Plummer: I say it is mandatory, Mr. Fernandez: Fine. Mr. Plummer: So whatever it takes to write into that ordinance, do it now, in case we pass it. Mr. Fernandez: The problem I had with suggesting to the Commission staggering those six terms, is not knowing how you wish to divide those appointments amongst yourselves. Mr. Plummer: Victor De Yurre will put an "X" in a hat. Mr. Fernandez: Let me finish, Commissioner. If you have six appointments presumably... Mr. De Yurre: Let's make it fifteen, then. Mr. Fernandez: Arguable, if you have six appointments to make and you want them staggered in two, or three, or four year terms, two for three, two for four, two for five - who gets the five, who gets the four, who gets the three? Mr. Plummer: OK, may I make a suggestion? I would make a suggestion that if this passes, that we are going to each have one, we pull from a hat, and one of us will have a second one to choose. Mayor Suarez: Fine. As to the nominations being made by the Commission, that sounds very reasonable. Are you going to have staggered terms for the new six? The existing five have staggered terms that are what? Mr. Mulvena: The existing five are staggered. All of them serve five year terms, but their renewal dates comes up at -three different times. Mr. Plummer: Oh it is three different times, rather than each year? Mr. Mulvena: Three different times, right. And I think we would like to speak to that issue and some others. Mr. Fernandez: So the changes, Commissioner Plummer, that you have recommended, they would be properly in front of you the 23rd. Mr. Plummer: The new six will be expanded... what? Mr. Fernandez: The 23rd of June, we will have the language that you are suggesting. Mr. Plummer: Ok. Do we have any other problems with this? 10l June 9, 1988 1-1 Mr. be Yurre: I just have one question. salary? Are these board members paid a Mr. Mulvena: The board members are presently paid $50 a year. Mr: De Yurre: $50 a year? OR, we are going to include that than, for the new ones? Mr. Mulvena: Yes. Mr. Plummer: Do they get free parking? Mr. Mulvena: They get free parking if they come to the regular meeting: Mr. Plummer: How come, we, the Commission, don't get free parking? Mr. De Yurre: You didn't ask for it. Mr. Plummer: No, no, no. How come we, the Commission, don't get free parking? If the members of that board do, why don't the City Commission get free parking in the parking structures? Mr. Mulvena: Yes, you do as of today, Cesar says. No, actually, you come to the meetings, we'd be very happy to sign the cards too. Mr. Plummer: I'm not talking about your meetings. Mayor Suarez: All right. Mr. Plummer: No, I haven't got an answer yet! Mr. Mulvena: Honestly, Commissioner, if you would like to have some special privileges in the garages that we own, and the garages that we manage, you can certainly have that Mr. Plummer: I'm not talking about special privileges, because that will be written up the wrong way. Mr. Mulvena: I'm sorry. Mr. Plummer: I'm telling you that of all the things that I am called upon to do in the downtown area, I am getting a little tired of paying $6.00 and $8.00 to go to a City function and represent the City and still have to pay those fees. I don't consider that a special privilege. Mr. Mulvena: I agree. Mr. Plummer: Now, I think that you know, you would have to leave it up to the judgement of each Commissioner, that he would only use that privilege or that extension on City business, but I want to tell you, it gets a little heavy, because no one around here that I know of is called upon more than these five people to go downtown and to park continuously, so I don't consider it a special privilege. Mr. Dawkins: What J.L. says, and I've been over to see you, and I've got four more now, we all park downtown, I put that sign in the window that says Commissioner on City business and still got four tickets. Now... Mr. Plummer: Hell, you are lucky they didn't tow you. Mr. Dawkins: You know, it is ridiculous. I mean, if your people are not going to respect the sign, tell me, so I can give it back to you, or give it to whoever gave it to me, but I've got four tickets, and I will bring them over there in the morning and let you see, parked right like J.L. says, where people want to show me about we should not make this a historic building. I park, go inside, come out and I've got a ticket, with the big sign, big old brass sign saying Commissioner, and another sign saying, City Business, and I get a ticket! Mr. Mulvena: There are certain official business signs that our officers are trained to recognize, and maybe that is not one that is on the list. 102 June 9, 1988 Mr. Dawkins: Well, its got a number on it: it says, Office of Commissioner Miller Dawkins, and it got a number on it. Why don't they call the number and see if the car is registered? 1 don't know. Mr. Mulvena: I will look into that for you, Commissioner: Mayor Suarez: OK, with those provisos and other modifications, Mr. Plummer: Do any members have any objections if the terms are staggered beyond what is in this provision now? Do they want to speak to it? I move it. I move 69. Mrs. Kennedy: Second: Mayor Suarez: Moved, seconded: Any discussion? Mr. Dawkins: 69? Mrs, Kennedy: 69. Mr. Fernandez: That's 69, Mr. Plummer: Increasing the size of the board. Mr. Fernandez: No, it is more than just increasing the size of the board, 69, Commissioner. 69 is in fact a referendum item going to the voters in September and what we have done, is that we have broken down the will of this Commission into three separate resolutions, each containing the individual Issues that have been raised by this Commission and the City Attorney's office has been instructed to prepare. It is a constitutional mandate that when the voters are confronted with a choice in the booth, that they be addressing individual or single topics, single issues in every question. Mayor Suarez: OK, why don't you give it to us in order. Which is the one that has to do with expansion to eleven and staggered terms? Mr. Fernandez: Right, the first one has to do with increasing the size of the board from five to eleven and now upon the recommendation of Commissioner Plummer, we will make sure that the new six that are coming aboard also have staggered terms. Mrs. Kennedy: That has been moved and seconded. Mayor Suarez: I'll entertain a motion... oh, we have a motion and a second on that. Why don't you call the roll on that, unless there is further discussion on that. Commissioner De Yurre. Mr. De Yurre: Yes, my question is, just how long are these periods lasting for? Mayor Suarez: Yes, good question, right? Mr. Fernandez: Well, the existing terms already are five years. The existing board members have a five year term staggered, and this is the will of. the Commission to... Mayor Suarez: Yes, but they, can't all be five, because otherwise, you can't stagger them right off the bat. Mr. Bib Clark: (OFF MIKE) Two for three, two for four,.and one for five. Mr. Fernandez: That's right. Mayor Suarez; Two for three, .two for four, and one for five, and thereafter all for five? Mr. Clark: (OFF MIKE) Two for five. The existing is two for three, two for four, and one for five. What we intend to do is crake them two, for three, one Mr. be Yurre: You know, 1 have a little problem with five years, even we are not elected for five years+ Mayor Suarez: I'm not even elected for three years. Mr. Plummer: Yes, but the present board already is five years, Mr, be Yurre: Well, if we going to start bringing it down. Mr. Plummer: Yes, Well, hey, you know the old... Mayor Suarez: How about = this is not going to change - make or break the world, how about if we do two for three and four for four for three for three years and three for four years? Mr. Plummer: Yes, but what are you going to do about the present ones already there? Mr. De Yurre: Well then from.,. Mr. Fernandez: They will stay and complete their terms. Mrs. Kennedy: They will stay as they area Mayor Suarez: They go until their... Mr. Plummer: Are you going to change their terms... Mr. Fernandez: No. Mr. Plummer: ... from five to four? Mr. Fernandez: Whatever they have, we read that to be vested. Mr. Plummer- No problem with that, but I don't see any problem with five years. Mr. Fernandez: I don't either, that's your will. Mr. Plummer: Victor... Mr. De Yurre: What's that? Mr. Plummer: What's your big problem with five years? Mr. De Yurre: I know, it's a heck of a long time. Mr. Plummer: Maybe not long enough. Mr. De Yurre: It's called dictatorship if it's longer. Mr. Plummer: Well, I don't know how... Mayor Suarez: It's three years longer than I have for a term, but then maybe the voters will approve a four year term for Mayors. Mr. De Yurre: An observation, you know. Mayor Suarez: OK, anything further... does anybody want to try to modification, you can try it if you want, Commissioner. Mr. Plummer: Five's fine with me. Mr. De Yurre: You know, if that's the will of the. Commission, I'have not, problem with it, I just feel that five is kind of a long time. Mayor Suarez: OK. Mr. Plummer: So then we understand of the six new appointees,, two would be for three years, two for four years, and two for five Mr. Fernandez Right, 104 June 9� 1988 t -11 Mri Dawkins (OFF mjkt); The t6M Will be five years. Mr. Plurffibr: the term is five years total. Mayor Suarez: OR, Mr, Plummer: You don't like the five years? Mr. Dawkins (OPP MIKE): No, I mean, like you said, I don't have but four years. Mayor Suarez: OR, let's I'll go along with four years it you all want to reduce it to four years: Mr. De Yurre: OR, I move it to four years. Mr. Dawkins (OFF MIKE): Second. Mayor Suarez: Moved and seconded. Mr. Plummer: So then we.., then, for understanding of the new six, two would be for ,two years, two for three, and two for four. Mr. Fernandez: Right. Mayor Suarez: OK. Mr. Plummer: Now, then that's going to have to change, the wording onthe present board members because- when their terms come vacant, they would be reappointed for four. Mr. Dawkins (OFF MIKE) Yes. Or whatever. Mr. Plummer: But you're going to have to change the.. Mr. Dawkins (OFF MIKE): Or who ever, or who ever... Mr. Plummer: But you're going to have to change the wording on the amendment. Mayor Suarez: All right, ;to make it uniform they would have to reduce the future terms to four years to'make 'it uniform, that's 'fine. Mr. De_Yurre: Sure. Mr. Plummer:Fine. Mayor Suarez: Build that into the motion... Mr. Fernandez: That's right. Mayor Suarez: ... do we have a motion and a second? Mr. Plummer: Fine. Second. Ms. Hirai: Mr. Mayor, we have a mover, we need a seconder on the motion. Mayor Suarez: OK, with those modifications understood, call the roll. Mr, City Attorney, I hope you get all of that down. Mr. _Clark (OFF MIKE); It's a resolution, it's a resolution, Mayor Suarez: Call the .roll. Mr. Fernandez; It,'s a resolution.' Mr. Clark (OFF MIKE): It's a resolution, just call the roll. Mayor Suarez: Please call the roll. Mr. Plummer; Well, wait,:a minute, wait a`minute, Mr, Mayor,,bofore you call the roll, Item 69 is charter amendment number two, 105 June 9, 1988 Mayor Suarez: Well, we're just taking this resolution, Mrs. Kennedy: We're getting to.., yes, we'll take a,,. Mr. Plummer: But, wait a minute, should we not know what's in two, three and four, which have just been presented to us,.. Mr. Fernandez: Yes. Mr. Plummer: ... it might have a bearing on the vote on two. Mr. Fernandez: No, they don't, Commissioner, they're all independent and individual and they can stand alone each of them, Mr. Plummer: But, I'm asking, what is the difference between two and three, what is the difference between two and four? Mr. Fernandez: Substantial, if you'd like to, before you take the vote, I could explain to you three and four, Mr. Plummer: I think we should know the total picture. Mr. Fernandez: Certainly. Ms. Hirai (OFF MIKE): That's 69 that they're moving. Mr. Fernandez: The next one, number three, deals with the express wish of this Commission to have the - in terms of the appointments, how does the removal work? Presently, the charter contains language that for board members to be removed, they have to be removed with good cause and they have a right of appeal, if you want to call it that, to the Circuit Court. What we're doing with that is that we're saying that for any board member appointed after September of 188, that is, when and if this charter change passes by the voters, then they would no longer have the right of recourse and they can be removed by this Commission. And that's a simple change in the charter but we consider that to be of substance, that's why we're preparing a separate question on that issue. Mr. Plummer: Do the board members want to speak to that? I mean, I... you know, but we're really kidding ourself. Here you have five damn well dedicated people of this community who could well spend their time doing something else rather than getting this glorious $50.00 a year and we're worried about whether they're going to go to Circuit Court or the City Com... I mean that is, to me, is ludicrous. You know, let me tell you, Leslie Pantin can make $50.00 in a half hour. Mr. Dawkins: Now, I've been trying to get minorities on there for the longest and it's not ludicrous to me, I've been trying to get minorities on this board ever since I've been here and this appears to be the only way to do it. I've been asking them to get some minorities and they can never hear me, and this is one way for the voters to help me do it. Mr. Plummer: Excuse me, Commissioner, I'm speaking to the removal. Mr. Dawkins: No, but see you're saying that the whole - I mean, I thought you're saying the whole thing is ludicrous, OK? Mr. Plummer: No, I said, you know, hey, all right, what's... Mayor Suarez: What is the alternative being proposed instead of that whole... Mr. Plummer: Instead of the Circuit Court, they come here for appeal. Mr. Mulvena: Well, they not only come here but it states that you would be able to remove a board member without reason. Mayor Suarez: Without cause? I won't vote for that, I won't vote for that. Mr. Plummer: No way, I 106 June 9, 1988 Mayor Suarez: Yes, we don't even have to take up that item. As Bob is whispering back there, we could just deny this item and it won't be on the ballot. Mr. Plummers OX, what's four? Mr. Mulvena: I think we would prefer that. Mr. Fernandez: All right, but there is another provision as part of that and that is the removing of the language of the right of the board member of going to the Circuit Court and appealing your decision even if you find there to be good cause for their removal. And this is something to the better reading of other boards, it's not contained. If you want that to stay in the charter, I have no problem with that. I'm just trying to do... Mr. Plummer: Let me ask you a question... Mr. Fernandez: Yes. Mr. Plummer: ... I don't remember anybody on this Commission bringing up that issue. Mayor Suarez: Which one now? Mr. Plummer: About the removal. Mayor Suarez: It was never brought up. Mr. Plummer: Where the hell did it come from? Mayor Suarez: It was never brought up. Mr. Fernandez: Careful reading of the charter the way it stands... Mr. Plummer: By who? Mr. Fernandez: By your City Attorney. Mayor Suarez: OK. Mr. Fernandez: And making sure that there are no inconsistencies in any changes that you're making. Mayor Suarez: OK, moot question unless somebody wants to take that one up. Moot question unless somebody want to take... what's the third? Mr. Plummer: Fourth, number four. Mayor Suarez: Four. Mr. Fernandez: Number four addresses the issue of the City Attorney becoming the general counsel to the Department of Off Street Parking. Mrs. Kennedy: That's where I have the problem. Mr. Fernandez: And, furthermore, providing in that regard, that the appointment of any special counsel be done with the consent of the City Attorney, the director, the board and this Commission. Mrs. Kennedy: And let me read you part of the resolution that says, and providing that the City Attorney serve as general counsel to the board and that any special counsel to the board be approved by the board and by the City Commission. I mean, that's so cumbersome, you're actually going through two boards. Mayor Suarez: It sort of isn't, let me see if I can explain why I think it may not be. There's two alternatives in a sense that we were considering the day that this came up, One is the way it's been, which is basically totally up to the board. The other one would be if it was totally to this Commission. When it's totally up to this Commission, you know what happens. You get the 35,000 applications, people who want to do the representation and so on, and that's why that alternative, even though this Commission indicated that it 107 June 9, 1988 wanted to have a say in final approval of that counsel being chosen, is sometimes very cumbersome. This is an in between one. Hopefully, if it works right and I think that's why the City Attorney is recommending it, if you are indeed recommending it, that you be general counsel or someone you appoint and you basically, with this Commission's approval, choose the counsel for the Authority. Mr. Fernandez: That's exactly the language that special counsel to the board and department as deemed necessary by the Miami City Attorney be approved by the board, the City Attorney, and the City Commission. Mr. Plummer: Look, let me tell you how I feel, all right? Let the board name their own attorney subject to our approval. Mr. Dawkins: No way. Mr. Plummers No, no way. Mr. Dawkins: The City Attorney should be the attorney for the board and that way some minority, black and Latin firms will get some money. The Off Street Parking spends a ton of money on outside counsel every year and they can't name one black or Latin firm over there that they have spent a $100,000 with in the last two years, let alone in one year. Mayor Suarez: I think the consensus reflected by Commissioner Dawkins, Commissioner De Yurre, who, I believe, is in favor of this, and myself would be to go with this, this way. Mr. De Yurre: How much money do you spend annually in attorneys' fees? Mr. Mulvena: We have a $75,000 retainer and then there are special costs for the various projects. Mr. De Yurre: Well, how much did you spend last year? Mr. Mulvena: On an average, about $300,000. Mr. Dawkins (OFF MIKE): No, no, no, total, tell him total. Mr. De Yurre: What? Mr. Mulvena: On an average, about $300,000. Mr. De Yurre: $300,000 last year. Mr. Plummer: Victor is going to resign as a Commissioner. Mr. De Yurre: No, I'll work for the City. Mayor Suarez: OK... Mr. De Yurre: Is there any conflict there? Mr. Dawkins: How many black firms made $300,000? Mr. Mulvena: I don't have that information for you... Mr. Dawkins: How many black firms made $300,000? Mr. Mulvena: Well, I can answer that, no single black firm, but... Mr. Dawkins: None! None! How many Latin firms made $300,0007 Mr. Mulvena: Well, all of the bond issues and what not that we float that require bond counsel. We rotate the same selections that the Commissioners do. Mr. Dawkins: Oye. Ask him in Spanish. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD, Mr, Plummer; You got to ask him in Irish, not in Spanish, 108 June 9, 1988 I t a. Mayor Suarez: Representative Silver, sir. Mr. Dawkins: Oh, by all means, my good friend from Tallahassee. Mr. De Yurre: He's going to speak Spanish now: Representative Ron Silver: 1 don't think so. Mayor Suarez: Representative, as a... Mr. Dawkins: Go ahead. Mayor Suarez: ... partner in the firm that has been doing a substantial amount of work for the Authority and for myself I'm speaking, we would be delighted if the City Attorney, as general counsel, would continue working with your firm to a great extent and I hope I reflect the feelings of the rest of the Commission. So I don't know that you want to, otherwise, get too involved in this, but it's up to you. Mr. Silver: I wasn't even going to stand up but Commissioner Dawkins had made mention of something. I'd probably be best to talk it over with him in private rather than talk to him publicly about it now and express, you know, what my concerns are because I'm obviously concerned with minority participation as well. Mr. Dawkins: But, you see, you've been concerned and you've been there and nothing's been done about it. OK? Mr. Silver: Well, I think you got to go through the whole process, we've had black attorneys in the office, we've had... Mr. Dawkins: No, no, no, no. That's not what I'm saying, OK? Mr. Silver: Yes.. Mr. Dawkins: OK? Now, how much money has Off Street Parking spent in outside attorneys' fees last year? A total. Mr. Silver: I don't know that. Mr. 'Mulvena made the... Mr. Dawkins: How much, how much, a total, a total amount of money that was spent with outside counsel with the Off Street Parking? Mr. Mulvena: Last year. Like I said, the average would be $300,000. Mr. Dawkins: No, no, I don't want... see, damn the average, the total, the total! How many averages do you have, five? So if you have five, it's five times three. Mr. Mulvena: No, no, no, wait. Mr. Dawkins: If you have six, it's six times three. You have seven, it's seven time three, if you average. Mr. Mulvena: I would say the total of our legal fees were in the neighborhood of $300,000 for all special projects and general counsel. Mr. Dawkins: Thank you. Yes. That's all, for the total project. Mr. Mulvena: That's all. Yes. Mr. Plummer: That all? Mr. Silver: Mr. Mayor, I just wanted - on the question itself, the only problem I have with it, I have no problem with the City Commission having input into this selection process and maybe that will solve Commission Dawkins' problem. I just have, on a professional basis, a problem with that type of arrangement and it's not with me or who the City Attorney is or anything, but I think that being subject to working for the City Attorney in this capacity poses a professional problem because you have two separate legal entities involved in the situation and that's why I think it would be more 109 June 9, 1988 comfortable for everybody if it was employment by the board and approval by the Commission. I just think from a professional standpoint that would be better taking a political situation like... Mr. Dawkins: All right, I would go along with that, Ron, if I had been able to get some black people on the Off Street Parking with that same arrangement. You know, recommendations from the board and approval by this. I have yet, OK, so now in theory, it's wonderful but in actuality, it doesn't happen. Mr. Silver: Well, if you're going to the eleven member board, obviously, I think that would.... Mr. Dawkins: All right, so and if I go into eleven member board, then I should go into the City Attorney for my attorney. Mr. Plummer: But, if we, in fact, retain control as to the approval, then this board would have more input that way than we would the other way. Mr. Dawkins: I call the question. Mayor Suarez: I am disposed to take a vote on this. I think I see a consensus of three, maybe four developing. We do have a board member, I think she ought to be allowed to make a statement. Diane. Mr. Dawkins (OFF MIKE):: OK. I don't think so but we'll deal with you. Ms. Diane Smith: Good afternoon, as I think, the oldest term member of the Off Street Parking Board, I'm obviously... Mayor Suarez: Definitely not the oldest, period, I mean, you know. Ms. Smith: But I've been there the longest. I'm obviously black and a woman and I have been working... and I'm also president of the State Chapter of the National Bar Association, which, as you know, is the black bar. I'm not proud of the fact that we are still running hard to catch up with a very unfortunate history but I remember and I know how far we've come. I've been on the board, I guess, 13 years which is much too long but I have never shunned an opportunity to serve this community. I've been serving it for 25 years since the day I set foot here and it's not until recently, that it hasn't been fun, it's been difficult. I'm feeling like my integrity and unselfish service to this community is, somehow, under siege and under criticism. Fifty dollars a year, obviously we're not doing it for the money, we're doing it because we care about this community. I think that our minority employment record stands with any other government in this community and, in fact, is better than most. I think all of the law firms need to make a great deal of strides in their partners, in their law clerks for the summer, I mean, I just came from a conference in Dallas talking about minorities and the law. This is a national problem and, yes, we need to improve. John Pearson's firm has at least one black associate but we do need to improve but there are an awful lot of firms in this City that have no black associates and are still getting City and County business. We need to combine our business with black firms. I think that's the most effective way of doing it. It has been my recommendation, it still remains that. But to say that we haven't done anything is not exactly true. The latest thing we're doing and we have invited most of you that we've been able to reach, is to bring the national convention of Black Lawyers to this City in 1993. Mr. Dawkins: What does that have to do with Off Street Parking? Ms. Smith: It has to do with our commitment. Mr. Dawkins: Well, no... you are a member of the Black Lawyers Association... Ms. Smith: That's right. Mr. Dawkins: The Off Street Parking is not a member and you're standing up telling me how great the Black Lawyers Association are and how dedicated you are to black, this is fine. That's between me and you and I don't mind meeting with you the same as Ron wanted to meet with me and for me and you to have a black on black conversation. But I am very disturbed for you to get up here, as a black, and preach all this blackness about the Off Street Parking as if you are the black savior for Off Street Parking and I resent it. 110 June 9, 1988 41 f Ms. Smith: No, I'm just saying# c6ftiinis5i6ner:46 Mr: bawkins: 1 resent it. Ms. Smithi ::: that a great deal of progress has been made and 1 think that we can stand on that record. And as the one black member, 1 could not sit in the audience and not make that statement. Thank you. Mayor Suarez: Thank you. is the associate:+: Mr. Dawkins: 1 call the question. Mayor Suarez: Let me just ask one question to clarify... Mr. Dawkins: 1 call the question again, Mr. Mayor. It's the second .- third time I've called the question. Mayor Suarez: All right, let's vote on the item. We have a motion and a second, do we? Mr. De Yurre: Second. Mrs. Kennedy: What is the motion? Vote as it is? Mr. De Yurre: Yep, City Attorney... Mrs. Kennedy: Will you accept... Mr. Dawkins: City Attorney. Mrs. Kennedy: OK, with the special counsel - that the special counsel be appointed by the board and approved by this Commission. Mr. Dawkins: No. I will not accept that. Mr. De Yurre: No, at the discretion of the City Attorney. If they have a need, they can address that. If the City Attorney feels there's need for outside counsel, the, who moved its adoption: Mr. Plummer: I can't vote for that. Mayor Suarez: OK, as moved. Mrs. Kennedy: I have problems. Mr. Plummer: Well, just under discussion. Wait a minute, he called the question, that cuts off discussion. Mayor Suarez: Unless you want to move to open debate, I'm going to go ahead and take a vote on this. Call the roll. NOTE: AT THIS POINT, THE CITY COMMISSION, HAVING DIGRESSED FROM THE MAIN DISCUSSION OF STAGGERED TERMS FOR BOARD APPOINTEES IN CONNECTION WITH PROPOSED CHARTER AMENDMENT NO. 2 ("EXPANSION OF MEMBERS IN THE OFF-STREET PARKING BOARD"), PROCEEDS TO DISCUSS AND VOTE UPON CHARTER AMENDMENT NO. 4 ("CITY ATTORNEY TO SERVE AS GENERAL COUNSEL TO THE OFF-STREET PARKING BOARD") WHICH, IN FACT, WAS NOT THE MOTION ON THE FLOOR (SEE CLARIFYING DISCUSSION AND ROLL CALL ON BOTH ISSUES - LABEL 35). AYES; Commissioner Miller J. Dawkins Commissioner Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner J.L. Plummer, Jr, Vice -Mayor Rosario Kennedy ABSENT: None COMMENTS MADE DURING ROLL CALL; 111 June 9, 1988 r • Mr. Plummer: My negative vote on the motion is that I think we would have greater control in the process of the board making recommendations to us and we hold the approval, we can damn well, damn well control what's going on. I vote against the motion. Mrs. Kennedy: For the reasons stated before, I vote no. ------------------------------------------------------------------------------ 31. A - LINE ITEM TRANSFERS IN OFF-STREET PARKING BUDGET MUST FIRST BE APPROVED BY COMMISSION. B - FIRST READING ORDINANCE: AMEND CODE SECTIONS 35-91 THROUGH 35-93 AND 53-161(3) - ESTABLISH RATES ON CERTAIN ON -STREET PARKING METERS AND CERTAIN OFF-STREET LOTS - ESTABLISH RATES AT MUNICIPAL PARKING GARAGES, WITH PROVISO. ------------------------------------------------------------------------------ Mayor Suarez: Any other items on the Off Street Parking? Mr. Plummer: Yes, you got about five or six. Mr. Mulvena: Yes, back to number 57. Mr. Plummer: Including the five year plan. Mayor Suarez: Five year plan but we've... we're going to shorten the five year plan, you're going to shorten it to a five month plan, right? Mr. Plummer: You're lucky to get five weeks. Mr. Mulvena: Yes, well, we have companion items before the Commission and each one of them really is dependent, you know, on the other. Item 57 deals with a rate ordinance that we want to put before the Commission for their consideration. And the number 58 item has to do with our five year plan and the 59 through 60 items have to deal with our own Department of Off Street Parking budget and the budget for three of the garages that we run for you. So, you know, we would at least, you know, would like to take them in order, OK, if we may and, you know, entertain any questions that you have. Mr. David Weaver: Mr. Mayor and Commissioners. Mayor Suarez: David. Mr. Weaver: For the record, my name is David Weaver. I am vice chairman of the parking board and chairman of the finance committee. I want to explain what I just handed out to you there. I had sent a letter to each member of the Commission yesterday which turned out to be the first draft of a multi draft document and it did not properly state that I was expressing in that document, my personal opinions, not that of the department and not that of any of the other board members. This is the fifth or sixth draft of that document and if you would do me the favor, this is the one that should be the operative document and I apologize to you and to my fellow board members. We're dealing with two major issues here. The first is the implication of the proposed expansion to eleven members and I think if you have read my letter, the issues that I was most concerned with have been addressed in the session that's already taken place. With respect to the proposed expansion, however, moving from five to eleven members with six brand new members, well, it does have clear roots in historical precedent, I believe that it might be preferable to gradually move from five to eleven members rather than an immediate move. Not just to protect commitments made by the existing board members, but because I believe you want these commitments to be met just as much as we do. But because we have made these at your behest. Mayor Suarez: Your comments are noted for the record. Mr. Weaver: I thought they would be. Mayor Suarez: We do have a hundred and some items and this is what we call sort of a fait acompli, so... Mr. Weaver: I understand and I do want those comments in the record and I appreciate the opportunity to put them there, sir. Thank you. Now, we have 112 June 9, 1988 another issue which I do need to address and this leads into Jack's presentation. That is with respect to meeting our commitments. You're aware that we have a long list of projects which Jack is going to go over again that have been approved by the parking board. We approved these projects in reliance on our understanding that you had approved our five year plan. That five year plan needs some combination of annual rate increases or some other source of additional funds. The five year plan only works if we have 1.5 times our debt service and two million... Mayor Suarez: Dave, with all due respect... Mr. Weaver: Yes, sir. Mayor Suarez: ... as Commission Plummer said a little while ago, we're at a point now that it's almost, you know, it could be a five year plan, you could call it a fifty year plan, you can call it a five month plan, because it's taking a heck of a lot of time to get these projects off the ground. I would suggest, I mean, that we have approved these in principle last year and since last year, I think there's one project that is close to coming to fruition which is the parking program for the arena. Other than that, I don't know how we're doing on Coconut Grove Playhouse but you can very easy... we have to approve these as they come up, there's so many moments at which we have to approve them anyhow. You can give us all the projections on debt service and all of that but, really, my hope, for myself, is that some of these projects will get off the ground in which case at some point it'll become apparent that we have to maybe step back a little bit and increase rates or do something else but, in the meantime, at a time when we've spent the last year and a half or two years without getting one of these off the ground with the exception of the Sports Arena parking program, all of this is almost just idle talk. I mean, I... Mr. Weaver: Mr. Mayor, if I could respond and I think your point is well taken that we have, right now, to present to you, the final stages of a number of these projects that have taken a period of time, perhaps too long, although we don't feel that, to achieve. Our problem here - our problem sir... Mayor Suarez: But each one will have to be approved as they come up. I mean, won't the Latin Quarter have to be approved specifically when it come... Mr. Weaver: No, I'll tell you what our problem, sir, is, we, as board members, have a fiduciary responsibility, we are legally responsible and what concerns us is the fact that we are going out there and committing to the people who are involved in each of these projects and we don't have your approval. Now, the problem with that is, if we do it on a case by case basis, that's fine, but we can't make commitments and what we've been doing is making those commitments. We feel that we are at a very high degree of risk and we don't feel it's fair to be in that position. That we should, at the very least, if we present to you a series of projects, that you say, OK, guys, go ahead with those projects. Mayor Suarez: One, for instance, there was a deal involving a Mr. Steve... Mr. Weaver: Alesino. Mayor Suarez: Alesino. Has that been finalized? Mr. Weaver: Yes, sir. Mayor Suarez: OK. The problem with that deal, with all due respect is that Mr. Alesino got the impression from some board resolution of the Off Street Parking Board or a letter, or both, that you were ready for a closing with him. That is not anything that this Commission did, we, if anything, can be accused of taking, sometimes, too long in the final approval of something so that was not anything that we messed up on. In each of these cases, this Commission has been involved and, as you see, it's an activist Commission, approving on a one by one basis, each of the projects. I don't see what the problem is. If somebody's concerned. If you're really concerned, you know, about the five year plan we can go into all of this. Otherwise, we have approved generally these projects but each one will have to come before us. Mr. Weaver: Well, sir, if we could then just present to you the seven or eight or nine different projects we have, You approve them one by one and we've just achieved the same thing. I don't care what we call it. 113 June 9, 1988 Mr. Plummer: Well, I think the real problem that exists is that they have gone ahead and made commitments based on the approval in principle of their five year plan. If this is, in fact, not acceptable to this Commission, which has been expressed with the 2500 new parking meters over five years, they've got to back track and tell these people that these projects which they've committed for, they cannot stand behind. It's just that simple. Now, you know, we... Mayor Suarez: Why don't they just bring them back one by one as we get close to fruition. Don't make any final arrangements with anybody which is the way you have to operate anyhow. Mr. Plummer: Well, but you've made commitments. See, that's where we got into a jamb with this guy Tederini. A commitment was made and in good faith, they had to live up to that commitment. If this Commission, I would say to you and I'm speaking for one, if this Commission does not approve your five year plan, from which the funds were going to be made available for these seven or eight projects, if you don't notify those people immediately, I mean tomorrow, that the funding is in jeopardy, you have not done your duty. Mr. Weaver: That, sir, is a totally... Mayor Suarez: Well, but, as long as he's getting into it, let me point out another for instance. You've got a perfect example, Commissioner, and I think you were, in fact, and I may be wrong on this, you may be one of the persons that is now hesitant to support one particular project which is very advanced and I'm talking about the deal... Mr. Plummer: Gusman? Mayor Suarez: Right. Now, there's one where we have debated and discussed and approved in concept and built it into the five year plan and been ready to approve the bonding and at all times this Commission has been ready to pull back if we're not satisfied. In fact, there's a whole new Commissioner since one of the stages of the approval of that and you have that ability. Nobody's holding you to your prior vote on it which I presume was in favor of the five year plan. Maybe we just ought to take a few of these out of the five year plan, is that what you want us to do? Mr. Weaver: Mr. Mayor, that's precisely what we would like to propose to you. We're not interested in you either approving automatically everything in the five year plan or turning down the five year plan. What we want you to do is look at the five year plan, look at each of the individual elements. If there's something you don't like in there, tell us, we'll take it out but our problem is we are spending money, we're spending other peoples' money to go forward with projects that we know you want us to do but we are in a position where, unless you say, go ahead with them, we are running a risk of taking advantage of them and putting the City at legal risk. Mayor Suarez: I see, I have no problem with your five year plan... Mr. Weaver: And ourselves. Mayor Suarez: ... because I've spent a considerable amount of time with you and Leslie and Jack and I know that if we move as fast as the five year plan indicates, it would be a great thing for Miami but I just don't have that hope and I'm not too concerned about the debt service coverage on it because I know that we'll be able to meet it, but if the other Commissioners have concerns about it, if you want to get into... Mr. Weaver: Sir, the only danger is that we are going to be moving so fast now with the approval of all these things, that all of a sudden, debt service is a concern. Mayor Suarez: That's not necessarily the case with the approval of these things, we approved the five year plan two years ago and a year ago. Every year we approve your five year plan and we're still with the same five year plan and there's only one project that is almost completed. So, do you think now everything all of a sudden is going to start moving? 114 June 9, 1988 Mr. Weaver: If you take a look and I believe Jack will respond to it, the answer is yes. Mayor Suarez: Now that is interesting. And I'm going to hold you to that because about seven months ago, I told Jack and Leslie that I'd hope within a year from that point, we'd have some of these underway. Mr. Mulvena: Right. David Weaver accurately, you know, has portrayed that certainly you've seen some of these items before on other five year plans but it now has come to the point like in the Latin Quarter speciality center, which was raised a little earlier, that we have, in fact, paid for a feasibility study; it said it's feasible. We are very near closing on two pieces of property. Once the environmental questions are answered, we need to close on them and provide a million point three to buy the properties. That's going to happen. Now, that doesn't mean there will be a Latin Quarter specialty center there tomorrow, but it means we'll be there. The department and the City will have control of the land, you already own Domino Park, there's another interested party to go, the next step is a unified development process and we're moving down the road but... Mrs. Kennedy: Mr. Mayor, it seems that way. Jack and I meet every fifteen days on the Latin Quarter in my office, consistently have been doing it for a year and it's, at times, very slow but progress is being made and I agree. Mr. Mulvena: Yes. And, honestly, if you do bear with us, we have put the five year plan, OK, on one single piece of paper. We have lifted out those items which are either completed, near completed or really need your attention so that you can say, we agree, if only in principle, with that line item that you should go ahead with it. Mayor Suarez: When you say completed, you mean completing the financing for it... Mr. Mulvena: No, more than that Mayor Suarez: ... or the planning completing... Mr. Mulvena: Yes. for or the acquisition for not Mayor Suarez: ... because Latin Quarter obviously is nowhere near completion, it's not even starting in the sense of construction. Mr. Mulvena: Let me go through some of these, you know, if I might. If you do have the visual aid before you, you'll notice that in downtown... Mayor Suarez (OFF MIKE): I don't even know what I called five years. Mr. Mulvena: ... OK, there are two projects on there called garage 1, garage 2 and garage 3. Well, you know, if there are going to be needs for parking in downtown, OK, both the board and the Commission at its earlier reviews thought it would be a good idea to get control of the property next to an already existing garage so that if you need to develop a garage and we own the property, and there are efficiencies in expanding a garage compared to building one. Well, in the course of two years we now are in that situation. Garage 1, garage 2 and garage 3 have land adjacent to it that we either control or can control and we've had to go through the expenditure of money to get control of these properties, OK? So... Mr. De Yurre: Jack... Mr. Mulvena: Yes, go ahead, Commissioner De Yurre. Mr. De Yurre: Let me ask you something because last year when I ran for office, the Off Street Parking Authority was an issue in my campaign. And I looked at the five year projection that you had at that time and then I looked at the actual numbers for that year. And in one particular year, I think it was 185, it cost $700,000 more to produce $900,000 less than what had been projected. You're talking about 1.6 million dollar change in that projection and then the following year was more of the same. You know, when I look at a five year projection, and based on the history that I have, it doesn't say anything to me, you know, because there's so many factors here that affect it that it's really meaningless when I look at it. 115 June 9, 1988 Mr. Mulveha: Well, a... Mr. De Yurre: Based on prior history. Have a you compared your actual numbers to what was projected in years past? Mr. Mulvena: Certainly, and the numbers have, as you've delayed, gone up higher. You know, when we started, for example, the arena parking program, with the board's commitment of $750,000. OK, we discovered as we got into the project that it was going to be one million five and so that project now has cost us, for the benefit of the City, 2.3 million dollars, which, by the way, now is, you know, financed, we're building the surface lots, we're managing four for the City and that's a reality. And that's in the five year plan and by the way, Commissioner, if I might add, it now has to be paid for. See, that's the kicker, you know, we only have so many ways to pay for money we've expended. This is land acquired next each of our three garages, the arena parking programs and commitments for the Coconut Grove Playhouse clear up to perhaps two weeks from entering into a contract with the developer, OK, which are neither going to be paid for. Mr. Plummer: What about E1 Pub? Mr. Mulvena: This is also very... Mr. Plummer: What about the across from 65 S.W. First Street? Mr. Mulvena: Are you referring to another site that was considered? Mr. Plummer: I'm talking about the acquiring the property next to the present garage there to expand. Isn't that part of one of your projects? Mr. Mulvena: Oh, I beg your pardon, that's such a, if I might say, a project which we completed so long ago, it's done. You know, we own the lots, it's finished, we own it. Matter of fact, we not only own it, we're tied into a contract there that if the person who sold us the property at a... Mr. Plummer: For the air rights. Mr. Mulvena: For the air rights. So they come to us with a tenant for 50 percent, you'll notice there's another line item in here for 3.7 million that we have to put up so we can develop the garage and the air rights. You know, David is accurate, you know, and it's perhaps an illusion that has taken a while for some things to happen but they are happening now. And I can assure you, that before the calendar year's out, OK, there will be some construction in addition to arena parking which we're going to have to pay for. These are called nice problems. Mr. De Yurre: But, by issue... Mayor Suarez: Yes, I was going to say, that's a nice problem to have actually. Mr. Plummer: Yes. Mr. David Weaver: Could I just interject for one, I'm sorry, Commissioner. Mr. De Yurre: No, my issue is that there's no basis, you know, this could change. There's so many factors that could come into play here, that it is meaningless. Now, this reminds me, and the Mayor will relate to this, when you do a closing, a real estate closing, they give you a form, when you're doing an adjustable rate mortgage, they give you a form projecting what your interest payments are going to be and there's no way that you can project that when you have a variable mortgage. So, I mean like, they're telling you something that there's no basis for it and it is really unfounded. Mayor Suarez: As a matter of fact, that particular variation comes into these too because variable rates can affect what we do it, since the particular window in which we issue a bond will be affected by the interest rate at that moment. Mr. Weaver: Could I suggest something because I understand the point that Commissioner De Yurre is making and perhaps it's incumbent upon us and me, as 116 June 9, 1988 chairman of the finance committee, to sit down with each of you and go through the detailed analysis of how we get to these numbers. What might, perhaps, be more to the point here is for you to be aware of each of the projects that we are planning to go forward with and have you approve your willingness for us to go forward with those projects subject to them being financially feasible. Mayor Suarez: That makes a lot of sense that we alert the general public and anyone dealing with the authority that each project, before they can rely on any inception of negotiations, has got to be finally approved and we maybe ought to come up with some very clear wording as to when something is approved. That's the problem with the idea of a five year plan, it's such a vague and difficult to pin down and, as the Commissioner was pointing out, Commissioner De Yurre was pointing out, so maybe we ought to just be mindful of the fact that this is a very generic acceptance even if we accept it on a case by case basis. Keep bringing these back, Dave, if you're really ready to go on them, I would... Mr. Weaver: For final approval. Mayor Suarez: Yes, for final approval. I would be ready to dispose of this by taking precisely that approach that whatever we approve here would be very much in principle. I think all of these are worthy projects and it's difficult for us to prioritize unless we're forced to. And some of them may never get off the ground, let's face it. We know of one that is awfully tough to implement. I don't even know if you've got it included in the sheet. You've taken it out. Mr. Weaver: It's not... Mayor Suarez: And the problem with sort of excluding that is that for the next five years we're not going to do that is that's not the message we want to send to that person either. That's Jackie Bell's project. Mr. Weaver: Yes, I guess what we are... just to give one second worth of background, the City Commission was concerned three or four years ago about the fact that we were building reserves and building income and not doing a whole lot with those reserves. And what we have tried to do is simply come up with a mechanism to explain to you what it is we're trying to do. Now, we call that the five year plan. If that's not... Mayor Suarez: Well, we were trying to come up with a mechanism to use the reserves and so all of this has worked quite well in many ways. Mr. Weaver: Yes, you've got it, you've got it, you've got what you got now is all these projects happening and the problem is that we don't have the legal backup from you saying, OK, guys, go ahead and do it. Mayor Suarez: Well... Mr. Weaver: That's all we're looking for. Mayor Suarez: ... that's one problem, the other problem is that I think a couple of times, we could have been a little more careful in making certain commitments to certain people with whom we were negotiating. You notice I say we, because I don't like to lay blame. OK. Mr. Weaver: I think that's entirely possible. It's entirely possible. Mr. Plummer: Let me ask you this question. If your five year plan is not approved by this Commission, how many of those projects can still go forward? Mr. Weaver: If we don't have a combination of rate increases and other sources of funding, we cannot go ahead with all the projects on that five year plan. We will have to start prioritizing and cutting from the bottom to eliminate projects and that's why it becomes necessary to get your input. Mr. Plummer: OK. What are the alternate sources of revenue? We know the 4 percent a year. We know your proposal to put 500 new meters a year for five years. You said there's an alternative. What is it? Mr. Weaver: We are not locked into 500 meters, we can take 6 percent, average annual compounded increase. 117 June 9, 1988 I Mr. Plummer: Well, that seems like a helluva lot more accessible. Mr. Weaver: Well, we would... if we could get, Commissioners, an indication of your willingness to allow us to... Mr. Plummer: Well, let me ask, of my colleagues that are here, instead of going a five year plan with the meters, he's saying that we can go with a 6 percent rate increase for the nett five years and still do all of the projects, Mayor Suarez: Yes, in principle 1 have no problem with that..: Mr. Plummer: Neither do 1. Mayor Suarez: ... what worries me is that we don't know, of course, if the market will bear that a couple of years down so we can set all the rates we want now and two years from now maybe we'll have all kinds of people building parking facilities... Mr. Plummer: Miller, Miller, you got a problem with that? Mr. Weaver: And that is a reasonable risk for you to lay off on us. Mayor Suarez: Yes, I much prefer, if it's a matter of stating a preference, a rate increase, a healthier rate increase that's higher than, for example, the inflation rate and the valuation increase rate of our properties, which is about 4 to 4.3 percent in the last couple of years, is preferable to me than making some commitment on X number... Mr. De Yurre: Let me find out, this 6 percent, how much are we talking about, actual dollars? Mrs. Kennedy: In dollars and cents. Mr. De Yurre: Net. Mr. Mulvena: First of all, let me remind you that, you know, we haven't had any rate adjustments for three years so the 6 percent we're kicking in really is making up for the fact that an awful lot of our utilization is flattened out. Some of our garages have not been utilized. Right now, we estimate that this 6 percent will give us about a three hundred some thousand dollar revenue that we're not anticipating now. Mr. De Yurre: Is that gross or net? Mr. Mulvena: No, that would be net. Mr. De Yurre: Net, three hundred thousand. Mr. Mulvena: Right. Three hundred and... Mr. Plummer: Well, wait a minute, Jack, that's not giving it to you, that's doing the special projects. Mr. Mulvena: Oh, of course. Mayor Suarez: Well, revenues available to do the project. Mr. Mulvena: Yes, revenue's... Mr. Plummer: Yes, it's not additional revenue for them, it's to do the seven projects that they've identified. Mr. Mulvena: Exactly. Mr. De Yurre: But how much is that going to generate? Mr, Mulvena: That will generate about $325,000 in gross new revenues that we have that... 118 June 9, 1988 Mayor Suarez: And, of course, that's compounded because you're talking 6 percent, 6 percent.,. Mr: Mulvena: Right, and then it's pushed forward, yes. Mr. De Yurre: Well, I'm talking about net, not gross. Mayor Suarez: What do you mean, net? That's additional new revenue... Mr. Mulvena: Yes. Mayor Suarez: ... by definition that would be net. It doesn't cost anything for us to increase the... Mr. Mulvena: Well, yes, the six... Mr, Plummer: No, it costs money to collect it. Mr. De Yurre: There must be some additional cost to some degree to generate an additional 6 percent. Mayor Suarez (OFF MIKE): Just the rate increase? Mr. Mulvena: No, no, no. Not in this scenario. If we had gone with the meter scenario, there's a capital procurement and, you know, installation and the time for it to start to earn money. Mayor Suarez: And there is a variability there and I think the Commissioner may be heading in that direction in the sense that, of course, we don't know if it'll produce that because we don't know if the market will bear it. In which case God knows what will happen. Mr. Mulvena: Right. Well, as a matter of fact, well here's what we've calculated. You know, when you start to change, and by the way, if you each wanted individually, you know, we have analyzed how we're going to adjust the meters so that they're more simplistic and standardized. How we're going to adjust, you know, surface lots and garages. It's very meticulous. You know, it's also variable, therefore, we estimate that by getting a certain amount of increase in a garage, you're going to lose some people because of the extra cost. All of that's been factored in to get what we're projecting to be an across the board 6 percent increase for this year, which, again, will be compounded as we get into the years forward. Mr. De Yurre: OK, have you looked into cutting back on costs? Mr. Mulvena: Oh, every year. Mr. De Yurre: Every year. Mr. Mulvena: As a matter of fact, in most of our fac... well, let's use this year as an example. We reduced operating costs in the neighborhood of about a quarter of a million dollars so that we could be in the posture to afford a very questionable arena parking program. You know, a lot of people who aren't in parking maybe can't appreciate it, but 4,500 spaces is double our present inventory. You know, so there's a big risk we're taking on will it be used for hiring staff but all of that's factored in. We need a 6 percent, you know, increase in revenues which are generated by adjustments... Mayor Suarez: And, if in fact, by the way, if we go with the 6 percent increase in rates, there may be a situation where you might come up with additional parking meters in areas of the City where they've been demanding them. Mr. Mulvena: Oh, absolutely, then it's a bonus. Mayor Suarez: There are some areas like that which could substitute then for the 6 percent or be able... Mr. Dawkins: Question, question for information. What happens - I mean in this 5 year plan, what happened to the agreement, plan, or whatever you were doing with Jackie Bell? What happened to that? 119 June 9, 1988 Mr. Mulveha: Oh, listeh, I'm glad you brought that up, Commissioner. Mr. Dawkins: And I am too. Mr. Mulveha: Yes: At the present time, we are probably... Mr. Dawkins: Where is it in the:.. I mean, this is your 5 year plan, it's hot on here. Mr. Mulvena: Right, yes. Mr. Dawkins: It's not on here. Mr. Mulvena: Well, it's because the Jackie Bell project does not cost the Department of Off Street Parking any money. We own the land, we bring that to the deal, we have General Electric, who is the other landowner who's shown some interest and we have committed that land. By committing the land, that has attracted the state in 12 point some million dollars to consider our site. We're within a couple of weeks of them entering into an agreement to build a 1,300 space garage which now will allow Jackie Bell to use the air space and the lobby space so this is one of the biggest bargains we've ever done without any money other than land costs. Mr. Dawkins: Thank you. Mr. Mulvena: And, by the way, it's another example of projects that are happening this year that, you know, make it look as though, you know, we're doing something for you. Mr. De Yurre: Let me get back for a second to increasing income and cutting back on costs. I saw something the other day in a local tabloid that is disturbing to me and we spoke about it. And I saw a picture promoting the signing of a contract with a public relations company to promote Off Street Parking Authority and I would like to have an explanation as to why the Off Street Parking Authority has to enter into this type of promotion at a cost which you told me was $100,000. Mr. Mulvena: We hope it will be a little less than $100,000 of a year's time. Let me tell you the reason why that program got started, Commissioner. A year ago, it suddenly dawned on us because the Commission was helping us understand this, and as also people who were running for office were helping us understand this, that we were the most misunderstood agency within the City limits, OK? And it was costing us money. People were wondering, why do I put a quarter in the meter, after I put my quarter in the meter, where does it go? You know, is somebody getting rich on me? OK, we decided that we would start a program geared at the man in the street, this has nothing to do with the department, it's image, you or us. We want somebody to understand that the purpose of parking meters are to manage a resource which, if it's not managed, somebody's going to park there and take liberties with it. They won't move their car. So, the City believes that we could manage the streets, it has a cost, quarter per hour, sometimes up to a $1.00 per hour, but then we do accrue money. Where does the money go? The monies go into the 5 year plan and we want the fellow who puts the quarter in that meter to know that. And it costs money, as you know, especially in a multi cultural environment, a different socio-economic strata, to help them understand, OK, that we are not a social agency, but we're also not Simon Legree or Scrooge. OK, we're a City agency that happens to manage parking, makes money and we want to make more money so more projects can occur. And that's the purpose of it. Mr. De Yurre: But the problem with the misunderstanding is that when they look at a parking meter, they think of this Commission. Mr. Mulvena: They do? Mr. De Yurre: They do, OK? Mr. Mulvena: You know, but I... Mr. De Yurre: And we have to bear the brunt of that and that's why, you know, we have to do the things we have to do when the Off Street Parking Authority isn't as responsive as it should be to our constituents. I, for the life of me can't see facing the voters of the City of Miami and explaining to them 120 June 9, 1988 A I part of the quarter that they'te puttibg in the parking meter goes to pay $100,000 for publicity. Mr. Mulvena: Commissioner; let me respond to that, see, you've just given me two reasons, OK, why we need the program. OK, number one, when people think of meters, they shouldn't think of you, they should think of me, OX? And if they look at that article, they shouldn't say to you, how come you're spending $100,000, they should come to me. And part of the program is something that has this, it's like writing a letter to, hey, Jack, how come? And Jack's going to say, here's the reason why. Listen, I don't think you all should be troubled with that. That's our business and basically... Mayor Suarez: Jack, the next time you need to improve your image, please don't do it by spending $100,000 on marketing, I mean, that's, for myself... Mr. De Yurre: I, you know... I have to... Mr. Mulvenas It's not all marketing, honestly. Mrs. Kennedy: Jack, I think what you should be doing is sit down with each one of us individually. Mr. Mulvena: I'd love to. Mrs. Kennedy: We have 127 items, there are people who have been waiting here for hours and then let us set the policies and guide you to the programs and the projects that are important to us. And set the policies... Mr. De Yurre: You know, the people are going to say, 2 percent of the increase, if it passes, is to pay for publicity. Mr. Mulvena: No. Mr. De Yurre: Yes. Mr. Plummer: I got to tell you something. As I look over this budget, I'm not ready to approve it. You know, when I look here and I see something called revenue sharing for $227,000, what is that? Mr. Mulvena: Revenue sharing is generally giving money back to the people that we manage facilities,.like yourself, the City. That's what it is, yes. Mr. Plummer: You show it as an expense. Mr. Mulvena: Yes, that's the way we have to do it in our accounting system. Yes, it is, it's expense for us, it's a benefit for you. Mr. Plummer: Travel for thirty-eight thousand. Mr. Dawkins: That's to go pick up money from the meters. Mr. Plummer: No, no, no, they pay $22,000 for armored car. What's the $38,000 for travel? Mr. Mulvena: Basically, we have a, you know, a staff of 120. We, you know... Mr. Plummer: Entertainment, $20,000. What are you entertaining? No, I'm saying, I'm not ready to approve this budget. Mr. Mulvena: Yes. Mr. Plummer Dues and subscriptions, $22,000. Are you speechless? Mr. Mulvena: No, I'm not speechless, I just... Mr. Plummer: I'm saying... Mr. Mulvena: You know, I don't know whether you want to go through this because we do, you know, we are a technical field, we have engineers, we do get publications that are,.. Mr. Plummer: Entertainment? 121 June 9, 1988 Mr. Mulvena: No, I think ybu'll find that entertainment and the travel probably fall under the category of sending some of our staff to conferences; whether it's accounting* development, parking,.. Mr. Plummer: For fifty thousand? Mr. Mulvehas No, Mr. Plummer: The two of those together are $0,0007 Mr. be Yurre: Now much do you have, Jack, set aside for publicity in your budget? Mr. Plummer: $36,000. What do you print for $94,0007 Mr. Mulvena: Well, again, remember engineering, accounting... we also... hot wait a minute. Mr. Plummer: 1 said what do you print for $9400007 Mr. Mulvena: Well, we... parking tickets... Mr. Plummer: $94,000 worth? Mr. Mulvena: Oh, we give... no, we're not talking about the tickets you get... we're talking about the... every single, I wasn't talking about you, J.L. Mr. De Yurre: The ones that Dawkins gets. Mr. Plummer: Miller gets. Mr. Mulvena: Yes, yes. No, every person that comes into our garage, you know, pulls a ticket. You know, there are literally millions of transactions that go on in a year's time, tickets, we also, by the way, go back to selling bonds, that's where some of the travel comes. You know, we... part of the cost of it... Mr. Plummer: $294,000 for maintenance of landscaping? Mr. Mulvena: I think that we'll probably... yes, we have 60 lots, we have garage... Mr. Plummer: Is $45,000 for water to take care of the landscaping? Mr. Mulvena: Right. And, by the way, well spent... Mr. Plummer: $45,000 a year for the water? Mr. Mulvena: To take care of, by the way, the 60 surface lots, the surface lots in the middle of Biscayne, you know, I think if you look at the up side of that, that's a heck of an investment for the City of Miami. That's where we get our best compliments, J.L. Mr. Dawkins (OFF MIKE): And you also wash down inside the garages, Jack. That's another point. Mr. Mulvena: True, well you know that from being there. Mr. Plummer. Well, hey, -guys, you got to show me a little bit .more justification. Mr. Weaver: May I suggest something, Commissioners? Mayor Suarez; On that item, I think we're going to have to defer because otherwise... Mr. Weaver; I think that one of the most positive things that I have heard in my, I believe it's been six years on this board, is the conversation that's going on right now, 122 June 9, 1988 Mayor Suarez: Yes. Mr. Weaver: Because what's happening is, you are asking the questions that we should be answering for you and if it were possible to do something, I would propose that we come in to talk to each of you to detail with you what our expenses actually are and we... Mayor Suarez: And see, and that's free, Dave, you don't have to spend $100,000 to convince us that you're doing all the right things. Mr. Weaver: I understand that, sir and I think if we can do that, we'll make a lot of progress. What I believe we need to try to do today is, number one, get an indication from you with respect to two things. Number one, the need for a 6 percent rate increase and, secondly, the willingness to let us go ahead with the projects that we've detailed for you. And, all that subject to us coming in and giving you a satisfactory response to our expenses, our revenues and the financial feasibility of the whole thing. Mr. Plummer: My pet peeve, the parking lot on 1st Street. How much subsidy this year is in your budget? You get subsidy. Last year you got a million dollars from the City of Miami subsidy. How much of that are you expecting on that parking structure this year? Mr. Mulvena: Oh, I see what you mean. You're referring to the downtown Government Center garage. Mr. Plummer: I don't know what the hell you call it. Mr. Mulvena: The garage, yes, yes. Mr. Plummer: I call it the million dollar baby. Mr. Mulvena: It's got a million plus debt service, right. Mr. Plummer: And that's what you're asking the City to pick up this year again. Mr. Mulvena: It's not ours. Remember, this is your garage that we manage and if we were asked to build it, we would not have. As a matter of fact, I think we chose not to because of those reasons. Mr. Plummer: But if the garage was successful, it would reduce the amount of debt service obligated by this City. Mr. Mulvena: Well, it would and let me tell you how successful we've made that, J.L. The downtown Government Center garage has 1,100 spaces in it. We have 1,400 card carrying, paying customers. They, how are ever paying about $55.00 as opposed to a higher rate. The location of that garage drives down the cost of what we can get a month. Those 1,400 monthlies fill the garage up to about the bottom ramp before you get to the top. We're presently securing that for the use of the Miami police at no cost to us, now it's not going to help your debt service but Cesar and I've talked, it's going to help his overall debt service for them to use the top of the facility. Mr. Plummer: You've been talking about that for two years. Mr. Mulvena: Well, we're doing it. Mr. Plummer: When? Mr. Mulvena: It's underway. Mr. Plummer: When? Mr. Mulvena: This summer - I'll tell you - this summer, this is an invitation to you, in August, we'll go over and look at the top of the garage secured and you'll see police cars there and you'll see how all the doors are secured, etc. Mr. Plummer: And the City is still going to have to pay $1,000,000, 123 June 9, 1988 Mr. Mulvena: Well... no, now wait a minute. If you put that in a five yeaf plan, there is no more five year plan. Mr. Odio: I don't know about five year plan, you know I don't have a five year plan, but we were talking about you taking over that garage. Mr. Mulvena: Yes, and honest, we've run some numbers and it would "put us out of business in other areas. But J.L., you know, we have, over the last years, gone from, I'd say about a... we had 400 monthlies in that garage, we now have 1,400. We really improved the revenues, we're going to let the police use the top but until the per cost, that is 55 gets to 65 or 75, you know that's a debt service I think you're going to have to incur for a while. In other words, we can't manage that one million away. Mr. De Yurre: One last question, just for my own edification: Mayor Suarez: Commissioner. Mr. De Yurre: I was looking at your projections for your budget for '88='89 and it says, promotion and advertising, $36,000. Well, if we approve this budget, you got to stick by it, is that correct? Mr. Mulvena: Well, certainly if you approve the budget but I think what David had mentioned is what we'd like you to do is to... Mr. De Yurre: Well, no, I just... what I want to know is, how can you finance or how can you pay for $100,000 worth of advertising and promotion when your budget calls for $36,000 only? Mr. Mulvena: Well, you know, we're paying for that out this current year, you know. Mr. De Yurre: How much is that for this year? Mr. Mulvena: Well, see, as of now, we probably in an initial cost of probably spend about forty to forty-five thousand dollars. Mr. De Yurre: That's your budget for this going year. Mr. Mulvena: No, this is our modified... Mr. De Yurre: You got to bear with me because... Mr. Mulvena: Oh, that's all right, no, that's all right. Mr. De Yurre: ... I only have an accounting degree, a law degree and a master of laws in taxation, so some of these things are a little bit difficult for me to absorb. How much money do you have left from this year's budget? Mr. Mulvena: Well, you know, what we do and I - Cesar help me with this - you know we do the ability to... Mr. Odio: Let me tell you what they do, once they approve the budget, he has the authority to transfer line items to line items as the board approved expense. Mr. Mulvena (OFF MIKE): OK. Mr. De Yurre: Is that like the City Manager? Mr. Odio: Like the City Manager does, exactly. Mr. De Yurre: Oh, OK. I just want to make sure that's how it works. Mr, Odio: We do it all the time. But we have.to bring it to you for action. He has to do the same thing with the board. Mr. Mulvena: Yes. Mr, De Yurre; Well, this $100,000 hasn't been brought to us, have to find out about it in Panorama, a newspaper down at 8th Street. 124 June 9, 1988 Mr. Mulvena: 1 was distracted, but if I can come back to the question that I think I was attempting to answer before I got distracted. You know, we do transfer from one line to another - yes, with the board's approval, and what we did this year, by the way... Mr. De Yurre: With the Commission's approval. Mr. Mulvena: No, up to now, you haven't asked us to come back for a line by line authorization. Mr. De Yurre: So, what's the use of us authorizing a budget based on the numbers we see if you guys can play around with it later and do whatever you want? Mr. Mulvena: I think with a $16,000,000 operation, you have to give us a little leeway. That's the reason I think, yes. You know, honestly, I don't think you'd want us with a $16,000,000 operation to keep coming back... yes, and I'm also reminded we are audited each year and that's also shared with the Commission. But, you know, if I might, the point I'm going to make is that this past year, and I'm very proud of this from our own staff, most of the staff, from cashiers to managers, did other peoples jobs so we could have salary savings. So we saved some money because people did extra work, OK. And out of that money, we began to pay for things like, let's help the man on the street understand what the meter is. If we hadn't made those savings, we would not have been able to afford this. This was not an original line item budget item at the beginning of the year. Mr. De Yurre: The man on the street is not - they know that the money goes for something. The man on the street their concern is that they feel that the street is public and they shouldn't have to pay for it and you're going to have difficulty trying to tell them otherwise. Mr. Mulvena: Well, that's why we asked for some help on this, it's a difficult sell. Mr. De Yurre: You can't, you know. Mr. Plummer: I got to tell you, I'm troubled by the fact that we set your budget and you can transfer by line item budget without us knowing it. Mayor Suarez: Particularly when we had... Mr. Plummer: OK, well there's an... no, there's an easy way to take care of that. Mayor Suarez: Yes. Mr. Plummer: Any accumulated line item transfer that is more than 5 percent in a given year, has to be approved by this Commission. That's simple. Mayor Suarez: Particularly, Jack, when we had before, if you remember, on capital projects, asked to see each one without even that threshold limitation the Commissioner has just mentioned. So how, if you call something an operating item like this, it can be taken from one account to another without our approval when we had specified on capital projects that we wanted to approve each one, regardless of size, and I remember my comments about maybe we had gone too far because even to fix a roof, you'd have to come to us. And now, a $100,000 is transferred back and forth, without our approval, that really creates a problem for me and frankly, I'm very surprised about this item. Mr. Mulvena: Yes, well, but let me just go through a little historical thing. Again, I agree with Dave is this is a good sign. You know, you are interested in what's going on, OK? You're very, you know, very responsible. Up to now, our board who is also very responsible and keeps Dan Morhaim's feet and mine to the fire, reviews our financial statements every month and they want to know exactly what's happening on each item, OK? And they, in fact, are the ones who oversee and authorize some of these. If you want another secondary oversight, you know, certainly we would welcome it and I'm sure the board would welcome it as well on larger items. Mayor Suarez: Apparently that message is now getting through. 125 June 9, 1988 I 11 Mr, Fluftnfnert No, it's going to get through. increase is what you're asking is 4 percent? Mr. Mulvena: I'm sorry, .i, L. ? Mr, Plummer: item 51. Mr. Mulvena: Might. Mr, Plummer: is your 4 percent increase. nifty=seveh is your rate Mr. Mulvena: No, it's now 6 percent and I'll tell you,.. Mr. Odio (OFF MIKL): Six, Mr. Plummer: What you're asking is four, and we're going to raise it to six. , Mr, Mulvena: Might and that's because of a lot of reasons, one Mayor Suarez: But, wait, take out the parking meter increase. Mr. Plummer: Yes... Mr. Mulvena: Yes, one of the major reasons was we decided to not commit to those 2,000 meters that you were concerned about and Mr. Plummer: I move item 57 subject to that any line item transfer that exceeds, in a calendar year, 5 percent has to be approved by this Commission. I so move 57. Mayor Suarez: So moved. Mr. De Yurre: Well, that .is increased or decreased? Mayor Suarez: Either way, I guess. Mr. Plummer: Either way., Mr. De Yurre: Any change.'` Mr. Plummer:Five percent change. Mr. De Yurre: Well, then conceivably, you could take 4 percent and play. around. Mayor Suarez: Why don't you make it a fixed amount instead of a percent? Mr. Plummer: Because you can't, all your line items are different amounts. Mayor Suarez: Oh, you mean on a per line item amount? Mr. Plummer: Yes, sir. Mayor Suarez: Per line item, you're applying the percentage? Mr. Plummer: Five percent. Five percent of $100.00. Mayor Suarez: No, no, why don't you,.. no, that will kill us. That will drive us crazy. You have to make it a fixed. threshold amount, like ten thousand or fifteen thousand change or whatever you think is a good one. Otherwise, we're going to go crazy. Mr. Plummer: Well, you know, you can't do it. You've got some items here like for security of over $300,000 Mayor Suarez But anything you change ten or fifteen thousand or twenty thousand, we want to know about, otherwise the smaller items, I don't care if they change them. I don't want to hear about it. Mr. Odio: May I, 126 June 9, 1988 ■ A4 i Mr, Mulveha: Well, you're only c6hcefh6d they be changed upward, right? Mr, Odio: May I... Mr, Mulveha: If we're saving, you're not cohcethed, Mr. Plummer: Well, h61 but the downward tells us you're taking it and moving it somewhere else. Mrs. Kennedy: Another place, Mr. Mulveha: Well, we're saving it somewhere, that's true. Mr. Plummer! OX, we catch you both ways. Mr. De Yurre: Hold it, aren't we saving $100,000 in attorneys' fees? Mr. Plummer: Well, I still like the percentage. I think the percentage is easier to apply. That's what we used in the Florida League. Mr. Mulvena: Did you say saving? Mr. De Yurre: Huh? Hold it, aren't we saving $300,000 in attorneys' fees by the City Attorney taking over? Mrs. Kennedy (OFF MIKE): Well, put a number, twenty thousand, we don't want to.... Mr. Mulvena: You know, I haven't done the costing but I think that the lawyers will still cost what a lawyer costs to get his projects. Mayor Suarez: OK. Mr. Plummer: I'll amend that to say that any line item in excess of $5,000. Huh? Mr. Odio: Suggest over $10,000 because... Mr. Plummer: Five. Mr. Odio: OK. Mr. Plummer: Let's see how that works. Any line item above $5,000 that is subject to change of more than 5 percent in a calendar year has to be approved by the City Commission. Mr. Jorge Fernandez: You're talking ,now about item 57 which is an ordinance. Mr. Plummer: But. I'm attaching that amendment to that ordinance. Mr. Fernandez: Fine. Mayor Suarez: OK. Do we have finally understood to - I don't think it has to be built into the motion because it's really just a sort of a caveat to announce to the world, the people you're negotiating with, maybe in bold letters in any letter of intent or any beginning of negotiations, that everything has got to be finally approved. But the fact that we have a five year plan does not mean that they can rely, that we're negotiating with them, and hold land available and later sue us for detrimental reliance or anything like the fellow we were talking about before. You may have to alert the outside world to that. Mr. Plummer (OFF AND ON MIKE): Yes, Well, I want to attach it to the budget but we're not approving the budget today. All right, Mr. Mayor, I'm getting apples and oranges mixed. I make it as a separate motion, not attaching it to item 57... Mr. Fernandez (OFF MIKE): All right, very good. Mr. Plummer; that any item of $5,000 or more that has a 5 percent increase or decrease transfer in a twelve month period, has to come before this Commission for approval. I so move. 127 June 9, 1988 4 1 Mayor Suarez: So moved. Po we have a second, please, sof,ebodyl Mr. Plummer: Five percent above $5,060s Mrs. Kennedy (OFF MIKE) Second, Mayor Suarez: Second. Mrs. Kennedy (OFF MIKE): Um humm, second, Mr. Plummer: Yes. Mr. be Yurre: What do you mean, 5 percent above $5,0007 Mayor Suarez: On any line item above $5,000) if there's a 5 percent change. We're not going to deal with the ones under $5,000, Mr. Plummer: That's the way you want it. Mr. De Yurre: OK. Mayor Suarez: Call the roll. Mr. De Yurre: You're talking about a maximum of or a minimum of? Mr. Plummer: Minimum. Mr. De Yurre: Five thousand or five percent. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-532 A MOTION STIPULATING THAT, IN CONNECTION WITH THE OFF- STREET PARKING AUTHORITY BOARD BUDGET, ANY LINE ITEM TRANSFER IN ANY GIVEN CALENDAR YEAR THAT CHANGES A GIVEN LINE ITEM OF $5000 OR MORE THAN 5% SHALL FIRST HAVE TO COME BEFORE THE CITY COMMISSION FOR APPROVAL. 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. Mr. Plummer: I now move 57 at a 6 percent rather than four. Mayor Suarez: So moved. Mr. Plummer: And understood that additional 2 percent is addressing the five year plan and those special projects which have, in fact, been so designated. That's not 2 percent additional for you to take andrunwith, Mr. Mulvena: No, of course. Mr. Plummer: All right. Mrs, Kennedy: Second, Mayor Suarez: And those rates still have to come back and be approved on a year by year basis. 128 June 9, 1988 Mr, thifftert That is the live year Dian Mr. Mulvena: You have a rate ordinarite that''§ there that§ you ktibV - Mayor Suarez: This is just as to,,, Mrs Plummer: This is rates; OX, Mayor Suarez: Right Mr, Mulvena: Yes, this i8666 yes.,, Mr. Plummer: l move 57 at 6 percents Mayor Suarez: So moved with that understanding. Mrs. Kennedy:, Second. Mayor Suarez: Seconded. Any discussion? Mr. Fernandez: OK, let me read it, it's an ordinance. Mayor Suarez: Read the ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: Call the roll. Mr. Plummer: That's at 6 percent. Mr. Mulvena:'° Six percent is... Mr. Plummer: It's Mr. Fernandez: Right, the rates... all right, so then it will read: Authorizing :_the Off - Street Parking Board to develop' experimental 'rate structures and initiate a.rate of,6 percent for... Mr. Plummer: Not .to exceed 6 percent. Mr. Fernandez: ... not to .exceed six percent for new facilities during the fiscal year; containing.a repealer provision and a severability clause. Mr. Plummer: Right. Mayor Suarez: Call the roll. z 129 June 9, 1988 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 35-01, 35-92, 35-93j AND 53-161(3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ESTABLISHING RATES AT CERTAIN ON -STREET PARKING METERS AND CERTAIN OFF-STREET LOTS; ESTABLISHING RATES AT MUNICIPAL PARKING GARAGES; FURTHER PROVIDING AN EFFECTIVE DATE OF OCTOBER 1, 1988, FOR THE HEREIN RATE INCREASES; RATIFYING AND CONFIRMING ALL ACTS OF THE OFF-STREET PARKING BOARD AND ITS DIRECTOR AS TO RATES HERETOFORE CHARGED; FURTHER AUTHORIZING THE OFF-STREET PARKING BOARD TO DEVELOP EXPERIMENTAL RATE STRUCTURES AND TO INITIATE RATES FOR NEW FACILITIES DURING THE FISCAL YEAR; APPROVING A PROJECTED ANNUAL OPERATING REVENUE INCREASE OF SIX (6) PERCENT INSTEAD OF THE PROPOSED FOUR (4) PERCENT INSTALLATION OF ADDITIONAL PARKING METERS AS PROPOSED BY SAID BOARD IN ITS CURRENT FIVE YEAR STRATEGIC AND FINANCIAL OPERATIONS PLAN; REQUIRING ADVANCE CITY COMMISSION APPROVAL FOR ANY TRANSFER OF FUNDS IN EXCESS OF $5,000 BETWEEN LINE ITEMS IN THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF- STREET PARKING FOR THE FISCAL YEAR ENDING SEPTEMBER 30,1989; 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 vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Mr. De Yurre: No, and no because you can save $100,000 here and you're saving $300,000 attorneys fees and that covers the $300,000 plus you're trying to tack on at that 6 percent. Mr. Plummer: Excuse me, that would be done during the budget portion. Mr. De Yurre: What? Mr. Plummer: That would be done during the budget portion. We haven't addressed the budget yet. Mr. De Yurre: Well, but there's a savings there. Mr. Plummer: OK. Mr. De Yurre: Yes, if they're looking to have an additional three hundred and some thousand dollars, here it is, $300,000 in attorneys fees you're going to be saving and $100,000 in advertising, you won't advertise. Mr. Plummer: I see your point. Mr. Mulvena: You know, it's really a 6 percent revenue increase that we need across a five year period of time, Mayor Suarez: Yes, Jack, we've gone over this so many times now, we'd like to. finish the roll call. Mr. Plummer: Exactly, 130 June 9, 1988 10 0 32, APPROVE AND ADOPT DEPARTMENT OF OFF=STREET PARKING VlVtE YEAR STRATEGIC AND FINANCIAL OPERATIONS PLAN. -= -------------- Mr. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-533 A RESOLUTION APPROVING THE CURRENT DEPARTMENT OF OFF- STREET PARKING FIVE YEAR STRATEGIC AND FINANCIAL OPERATIONS PLAN, AS AMENDED AND ATTACHED HERETO, AND AS FURTHER SET FORTH HEREIN. (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 Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre ABSENT: None. 33. DEFER PROPOSED ADOPTION OF THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF- STREET PARKING (FISCAL YEAR 1988/89). ----------------------------------------------------------------------------- Mr. Plummer: I move 59 to be deferred. Mr. Dawkins: Second. Mayor Suarez: Moved to defer 59. Seconded. Any discussion? Call the roll. ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DAWKINS, ITEM 59 WAS DEFERRED 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: When do you need that approved by, 59? 131 June 9, 1988 0 9 Mr, Mulvena: Well, actually, you know, you've already approved the first reading of the rate ordinance and that needs, I believe, a second reading because it's an ordinance, right? Mr. Plummer: lt's a resolution. Mr. Jorge Fernandez: No, it's an ordinance, it needs a second reading. Mr. Mulvena: Ordinance, so I believe, yes. So you can defer the budgets and we would prefer you to defer our budgets to we could have the opportunity to answer your questions. Mayor Suarez: That's all 1 wanted to know that we were OK on timing. Mr. Mulvena: Yes, and then we'd be all right then. 34. A. DEFER ADOPTION OF DEPARTMENT OF OFF-STREET PARKING ANNUAL BUDGET (FISCAL YEAR 1988/89) FOR OPERATION OF GUSMAN CENTER AND OLYMPIA BUILDING. B. DEFER ADOPTION OF ANNUAL BUDGET FOR OPERATION OF WORLD TRADE CENTER GARAGE (FISCAL YEAR 1988/89). C. DEFER ADOPTION OF ANNUAL BUDGET FOR OPERATION OF DOWNTOWN GOVERNMENT CENTER GARAGE (FISCAL YEAR 1988/89). Mayor Suarez: Item 60. Mr. Plummer: Look at this. Mr. Plummer: Gusman Hall for $900,000. Mayor Suarez: Why is that always a separate budget item? Mr. Mulvena: Well, it's again your facilities... Mr. Odio: Our facility. Mr. Mulvena: Yes, and so therefore, just like the governments, we manage it... Mayor Suarez: You manage it but it's our facility. Mr. Mulvena: ... right, yes. And the $900,000... Mayor Suarez: Very intelligent of you, in view of past determinations by this Commission refurbishing it and in view of the owner not wanting to take it back and everything that you've kept this in the City's ownership. Mr. Mulvena: That, as you know, has always been at best a break even and sometimes the City's had to underwrite as much as a hundred nine, sometimes as low as thirty. This bud... Mr. Plummer: Where is the budget for the Off Street Parking or for the Gusman? Mr. Mulvena: It should be one of your packaged items, yes, G and 0 Enterprise Fund combines both the theater and the building. Yes, and by the way, if you wanted to defer that one as well for questions, we'd certainly welcome that opportunity to address them for you. Mr. Plummer (OFF AND ON MIKE): No, it doesn't give a breakdown. I move we defer 60. Mr. Odio: Mr. Mayor, I... Mayor Suarez: Moved and seconded. Mr. Manager. Mr. Odio; I would like deferrals of 61, I'm not satisfied with that budget yet and... 132 June 9, 1988 0 # Mr P1utdbbt- Moved 61 be deferred also, Mrs, Kennedy: Second, Mr. Plummor: t#ow about 621 Mr, bawkns: Second, Mr, Plummer: Well, let's just defer 62 also, Mayor Suarez: OK. Mr, Plummer: My motion is to defer 56, 57, - I'm sorry, no, no, t'm sorry,., Mr. Odio (OFF MIKE): No, 50. Mr. Plummer: Fifty-nine, 60, 61 and 62. Mayor Suarez: It's seconded? Mrs. Kennedy (OFF MIKE): Second, Mayor Suarez: Any discussion? Call the roll. ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE MAYOR KENNEDY, ITEMS 60, 61, 62 WERE DEFERRED 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. 35. A. CLARIFYING VOTE IN CONNECTION WITH PRIOR ACTION APPROVING CHARTER AMENDMENT NO. 2. B. CLARIFYING VOTE IN CONNECTION WITH PRIOR ACTION APPROVING CHARTER AMENDMENT NO. 4 (SEE LABEL 30). ------------------------------------------------------------------------------ Mr. Bob Clark: Mayor, we've had a request from the Clerk and, it's understandable. Prior tothe roll call vote on that motion with respect.. Mayor Suarez: Didn't catch the roll call on which item, Bob? Mr. Clark: On the expansion to eleven with the two members for two years, two for three years, two for four years, she needs a roll call vote on that charter amendment number two. Mr. Plummer: So move. Mrs. Kennedy: Second. Mayor Suarez: Call the roll on that, please. Ms. Hirai: It was originally moved by Commissioner Plummer, seconded by; Commissioner Dawkins, Mayor Suarez: Call the roll. 133 June 9, 1988 The following resolution was introduced by Commissioner Plummer who moved its adoPtioh: RESOLUTION NO, 88-534 A RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING SECTION 23, ENTITLED "DEPARTMENT OF OFF-STREET PARKING; OFF-STREET PARKING BOARD.", OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, KNOWN AS CHARTER AMENDMENT NO. 2, THEREBY EXPANDING THE MEMBERSHIP OF THE "OFF- STREET PARKING BOARD OF THE CITY OF MIAMI" FROM FIVE TO ELEVEN MEMBERS, AND PROVIDING FOR THE DIRECT APPOINTMENT BY THE CITY COMMISSION OF THE ADDITIONAL SIX MEMBERS FOR TERMS OF FOUR YEARS AFTER INITIAL STAGGERED TERMS AS WELL AS THE DIRECT APPOINTMENT OF SUCCESSORS TO THE FIVE INCUMBENT BOARD MEMBERS FOR FOUR YEAR TERMS OF OFFICE; MORE PARTICULARLY AMENDING SUBSECTION (b) OF SAID SECTION; FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF SEPTEMBER, 1988 FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 2 TO THE ELECTORATE AT SAID ELECTION; FURTHER DIRECTING THAT A CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL 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. Clark: She also informs me that she would like to have the... Mr. Plummer: Wait a minute, wait a minute, as amended. Mayor Suarez: As amended. Mr. Clark: As amended, as amended. Mr, Plummer: To have staggered terms. Mr. Clark: Correct. Ms. Hirai: Actually, Commissioner, that will constitute an amendment to charter number two. Mr. Clark: Right. Mr. Plummer: OK. Ms, Hirai: It is contained in charter number two. Mr, Clark: Do you need anymore... Ms, Hirai: Yes, we need a motion on charter number four. Mr. Clark: All right, Mr. Plummer: We voted on four. 134 June 9, 1988 M Mrs. Kennedy: We voted on Lour, it passed three to two. Ms. Hirai: But there was no motion: I called the roll, but the Commission assumed that we had a move and a second. And, actually, it was a move and a second on that prior motion. Mr. Dawkins: Move it. Mrs. Kennedy: Right, is there a motion? Mr. Clark: Yes. Mr. Dawkins: Second. Mrs, Kennedy: OK, any further discussion? Call the roll. Mr. Plummer: Rosario. Mrs. Kennedy: I voted against... Mr. Plummer: Yes. Mrs. Kennedy (OFF MIKE): I know, but she needs a motion. Mr. Plummer: Oh. Ms. Hirai: Yes, there was a vote but there had been no motion. Mrs. Kennedy: The motion is for it. Ms. Hirai: Yes. Mrs. Kennedy: OK. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-535 A RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING SECTION 23, ENTITLED "DEPARTMENT OF OFF-STREET PARKING; OFF-STREET PARKING BOARD.", OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, KNOWN AS CHARTER AMENDMENT NO. 3, THEREBY PROVIDING THAT THE CITY ATTORNEY SERVE AS GENERAL COUNSEL TO THE MIAMI OFF-STREET PARKING BOARD AND DEPARTMENT AND THAT SPECIAL COUNSEL TO THE BOARD AND DEPARTMENT AS DEEMED NECESSARY BY THE MIAMI CITY ATTORNEY BE APPROVED BY THE BOARD, CITY ATTORNEY AND CITY COMMISSION; MORE PARTICULARLY BY AMENDING SUBSECTION (f) AND RELETTERING OF EXISTING SUBSECTIONS (g), (h), (i) AND (j) OF SAID SECTION 23; FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF SEPTEMBER, 1988 FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 3 TO THE ELECTORATE AT SAID ELECTION; FURTHER DIRECTING THAT A CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. (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: 135 June 9, 1988 ■ AYES: NOES: ABSENT: Commissioner victor De Yurre Commissioner Miller J. Dawkins Mayor Xavier L. Suarez Commissioner J. L. Plummer, Jr. Vito Mayor Rosario Kennedy None. Mr. Weaver: Excuse me, may I make one final comment before leaving? Mrs. Kennedy: David, yes. Mr. Weaver: I, on behalf of the four members of the board who are here, would like to thank the Commission for giving us the opportunity to make this presentation number one. And, secondly, our relationship, over the coming months, is going to be a relationship which is much more closely and detailed in the way we're going to be working with you. We would like to request the opportunity to really get into as much detail as you're willing to spend time on so that you understand these numbers and I think we can achieve a tremendous amount over the coming year in the spirit of cooperation if we both try to do that. So, we want to thank you very much and we appreciate it. We think this has been a very positive meeting. Mrs. Kennedy: Thank you. Mr. Plummer: I wish you would give that philosophy to the Chamber of Commerce, the Greater Miami Chamber of Commerce. They might learn something. Mr. Weaver: No comment. Mayor Suarez: And in that same spirit for myself, we'll avoid making any comments as to statements in the newspaper this morning figuring that they probably didn't get them quite right. Mr. Plummer: Do they ever? Mayor Suarez: Anything else? ------------------------------------------------------------------------------ 36. CONDITIONALLY APPROVE IN -KIND SERVICES AND FEE WAIVER FOR USE OF CONVENTION CENTER IN CONNECTION WITH SECOND NATIONAL YOUTH CRIME PREVENTION CONFERENCE, SUBJECT TO FUNDS BEING IDENTIFIED THROUGH THE LAW ENFORCEMENT TRUST FUND. Mr. Odio: May I request respectfully that we take item 97, there's the Youth Crime Watch of America. They are young kids and they have to be taken back home. Mrs. Kennedy: Ninety-seven. The Manager has asked us to take 97. No, let me just say that the Dade Public School students are bringing guns and other potentially dangerous weapons 39 percent less this year than they have in the past. And the school system's director has said that there's not one single reason for this decrease but among the things that he mentioned was this program. Mr. Plummer (OFF MIKE): Where's the money coming? Mrs. Kennedy: The Youth Crime Watch of America. UNIDENTIFIED SPEAKER: Thank you for taking us ahead of time. Thank you all. Mr. Plummer: How many people are coming? UNIDENTIFIED SPEAKER: This is it. Mr. Plummer: No, to this thing at the Knight Center, Mr. Odio (OFF MIKE): Five thousand, 136 June 9, 1988 UN1bENTIF1Eb 9PEAKE116 Oh, to the Knight Center? Five thousand is what the capacity is, We had it last year and we had 3500 because they were only able to give us a portion of the hall and we had it just about all filled up, five thousand students. Mr. Plummer.- Can this money come out of the law enforcement trust fund? Mr. Odio.- 1 would have to check with the police department. Mr. Plummer.- That's the only way 1 could vote for it. Mr. Odio: That's the only way we could recommend it. Mr. Plummer: If the money could come out of law enforcement trust funds, then I have no problem with it. Other than that... Mrs. Kennedy: When can you have the answer Mr. Manager? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Yes. I'll move it subject to the funds being made available through the law enforcement trust fund. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mrs. Kennedy: All right, is there a second? Mr. Dawkins: Second. Mrs. Kennedy: Any further discussion? Mr. De Yurre: How much money are we talking about? Mr. Dawkins: $8,000. Mr. Odio: The amount is $11,000. Mrs. Kennedy: $11,000. Mr. De Yurre: The whole package? Mrs. Kennedy: Eleven thousand. Mr. De Yurre: No, eleven, how much are we talking about? Mr. Odio: Eleven thousand. Mr. Dawkins: Eight thousand... seven thousand, seven thousand, seven thousand. Mr. De Yurre: Rosario, how much are we... Mr. Odio: Eleven thousand, right? Mr. Dawkins: Seven thousand! Mr. De Yurre: Seven, eleven? Mr. Plummer: $11,226. Mrs. Kennedy: Eleven thousand, two hundred and twenty six is what...' Mr. Dawkins: They told me they needed seven, now what do you need? Mr. Odio: I'm sorry, Commissioner, the budget that I had here was eleven. Mr. Dawkins: What do you need? UNIDENTIFIED SPEAKER: No, we had said eleven, I had told you we requested $8,400 last year, but our request this year because we're putting on a major concert is eleven thousand, 137 June 9, 1988 Mr. Dawkins: I'm going to amend this: I'll vote for this if you don't come back next year. If y0u're coming back next year, you lose my vote. Mr. Plummer: Call the roll. UNIDENTIFIED SPEAKER: I don't know if we can promise that at this point. Mr. Dawkins: Wait a minute, wait, I didn't get an answer on thy... Mrs. Kennedy: Do you accept that amendment? Mr. Plummer: What was the amendment? Mrs. Kennedy: Provided that they don't come back next year. Mr. Dawkins: Yes, I will vote with it if they don't come back next year. UNIDENTIFIED SPEAKER: Well, can we just explain about the six or seven thousand that we mentioned. The budget that we gave you, we asked for eleven thousand dollars. We were asked... Mr. Dawkins: No, I'm only... UNIDENTIFIED SPEAKER: ... you know, if we couldn't get the $11,000, what would we settle for. I mean, what were the absolute important costs and that's what we did but we need the $11,000 if we can... Mr. Dawkins: No, we are committed to the youth and we think that something constructive should be done but as I told you in my office, I will only vote for this in the event that you and I cannot beg it in the community. Now, that's what I said and that's what I mean, OK? We need something positive for the youth and I'm all for giving them something positive to shoot for but as many Whoppers as they buy, as many Big Macs as they buy, ain't no way in hell you can't tell me that Burger King and MacDonald can't come up with $10,000. OK? Mr. Plummer: So you got to go out and hustle. I'll accept the amendment. Mrs. Kennedy: Does the second accept the amendment? Oh, you seconded it, right. OK. Any further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-536 A MOTION CONDITIONALLY APPROVING REQUEST MADE BY REPRESENTATIVES OF YOUTH CRIME WATCH OF AMERICA FOR IN -KIND SERVICES AND A FEE WAIVER FOR USE OF THE JAMES L. KNIGHT CENTER IN CONNECTION WITH THE 112ND NATIONAL YOUTH CRIME PREVENTION CONFERENCE" SCHEDULED FOR SEPTEMBER 30 AND OCTOBER 1, 1988, RESPECTIVELY, SUBJECT TO THE CITY MANAGER BEING ABLE TO IDENTIFY THE NECESSARY FUNDS THROUGH THE LAW ENFORCEMENT TRUST FUND, SAID CONCESSION TO BE MADE ON A ONE TIME BASIS ONLY. 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. Plummer: Lt. Longueira will have your check ready on Monday. 138 June 9, 1988 UNIDENTIFIED SPEAKER: Thank you very much. Mr. Dawkins: And have a good time, OK? 37. INSTRUCT CITY ATTORNEY TO PREPARE LEGISLATION FOR PROPOSED G.O. BOND REFERENDUM IN CONNECTION WITH CONSTRUCTION OF A NEW BASEBALL STADIUM. ------------------------------------------------------------------------------ Mrs. Kennedy: OK, going back to... Mr. De Yurre: Rosario, an issue came up by the City Attorney with reference to the proposed bond issue for the baseball stadium and he expressed to me the fact that so far as the timetable is concerned, that we need to approve, at this point in time, directing him to start preparing the language for that referendum that will come before us during the month of July for approval. And I believe that he needs a motion from us directing him to start preparing that. Mr. Plummer: Will make it. Mrs. Kennedy: All right, go ahead then. Mr. De Yurre: OK. Mrs. Kennedy: Make a motion. Mr. De Yurre: City Attorney, Jorge, what do you need from us? Mr. Jorge Fernandez: Yes, the steps are that you first need to make a motion instructing the City Attorney's office to prepare the language by way of resolution to come in front of you. There is no meeting scheduled for the month of August and everything has to be done before the general meeting that we have scheduled for July. So, unless you want to use both meetings that you have in July, the zoning meeting also to consider this item, then you can wait until the next meeting. But if you want to not do violence to that zoning meeting in July which is going to be very heavy, the proper thing for you to do would be to make a motion instructing the City Attorney to prepare the language so that, at the general meeting in July, then you would have an opportunity to deal with it. Mr. De Yurre: And you can prepare the language and then we would insert the amount during the month of July because we don't know the amount right now. Mr. Fernandez: Yes, exactly, then all that we would do would be preparing a vehicle for you to amend and to discuss. Mr. De Yurre: OK, I move that. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 88-537 A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE APPROPRIATE LEGISLATION FOR A PROPOSED GENERAL OBLIGATION BOND REFERENDUM IN CONNECTION WITH THE PROPOSED CONSTRUCTION OF A NEW BASEBALL STADIUM; FURTHER INSTRUCTING THE CITY ATTORNEY TO BRING BACK SAID LEGISLATION FOR COMMISSION CONSIDERATION AT THE COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY 14, 1988; SAID PROPOSED REFERENDUM BEING CONTINGENT UPON THE CITY BEING AWARDED A MAJOR LEAGUE BASEBALL TEAM FRANCHISE. 139 June 9, 1988 0 0 Upon being seconded by Commissioner Plummer, 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, 38. ALLOCATE $21,804 TO CAREY TECHNICAL INSTITUTE, INC. FOR PURPOSES OF PROVIDING A JOB DEVELOPMENT/PLACEMENT PROJECT FOR CITY RESIDENTS. ------------------------------------------------------------------------------ Mrs. Kennedy: Sixty-three is money to provide job development programs, that's where we left off. Mr. Odio: This is authorizing the Manager to enter into agreement with Carey Technical Institute in the amount of $21,804 to provide job development... Mrs. Kennedy: Move it. Mayor Suarez: Moved. Do we have a second? Mr. Plummer: Second. Mr. Dawkins: Second. Mayor Suarez: Any discussion? Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-538 A RESOLUTION ALLOCATING $21,804 OF FOURTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10436, ADOPTED MAY 12, 1988, TO CAREY TECHNICAL INSTITUTE, INC. FOR THE PURPOSE OF PROVIDING A JOB DEVELOPMENT/PLACEMENT PROJECT FOR CITY RESIDENTS; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH SAID AGENCY FOR SAID PROJECT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, 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. 140 June 9, 1988 6 i 39. ALLOCATE $1,694,550 OF C.D. BLOCK GRANT FUNDS (FOURTEENTH YEAR) AND $5,000 C.D. BLOCK GRANT FUNDS (THIRTEENTH YEAR) TO VARIOUS SOCIAL SERVICE AGENCIES FOR APPROVED SOCIAL SERVICE PROJECTS. ------------------------------------------------------------------ Mr. Dawkins: Move 64. Mayor Suarez: Sixty-four's been moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-539 A RESOLUTION ALLOCATING $1,694,550 OF FOURTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10436, ADOPTED MAY 12, 1988, AND $5,000 OF THIRTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10287, ADOPTED JUNE 3, 1987, TO THE HEREIN NAMED SOCIAL SERVICE AGENCIES FOR APPROVED SOCIAL SERVICE PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH SAID AGENCIES FOR SAID PROJECTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 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. 40. AUTHORIZE ISSUANCE OF REQUEST FOR QUALIFICATIONS - IN CONNECTION WITH PROPOSED DEVELOPMENT OF AN APPROXIMATELY 250,000 SQ. FT. BUILDING TO BE OCCUPIED BY THE U.S. ATTORNEY'S OFFICE AND OTHER U.S. LAW ENFORCEMENT AGENCIES. Mayor Suarez: Sixty-five. Mr. Dawkins: Move it. Mayor Suarez: Moved. Mr. Dawkins: This is Commissioner Kennedy's item. Mrs. Kennedy: Yes, I just want to make sure that it clearly specifies that the 34 percent has to made up of Hispanics, blacks and women. And each of them no less than 5 percent. OK? Mr. Gilchrist: No less than 5 percent. On second page of the memo... top of the page, yes. 141 June 9, 1988 ■ I Mrs: Kennedy: With that proviso, I second. Mayor Suarez: Ready to vote? Mrs. Kennedy: Ready to vote. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-540 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS ON JUNE 22, 1988, IN SUBSTANTIALLY THE FORM ATTACHED, INVITING INTERESTED AND EXPERIENCED DEVELOPMENT ITEMS TO SUBMIT PROFESSIONAL QUALIFICATIONS FOR THE DEVELOPMENT OF AN APPROXIMATELY 250,000 SQ. FT. BUILDING TO BE LOCATED ON A 12-LOT LAND PARCEL BETWEEN N.E. 1ST AND MIAMI AVENUES AND N.E. 4TH AND 5TH STREETS IN MIAMI TO BE OCCUPIED BY THE U.S. ATTORNEY'S OFFICE AND OTHER U.S. LAW ENFORCEMENT AGENCIES; ATTACHED REQUEST FOR QUALIFICATIONS INCORPORATING LANGUAGE CLARIFYING THAT THE MINIMUM MINORITY PARTICIPATION REQUIREMENT IS A 34 PERCENT OWNERSHIP INTEREST IN THE FEDERAL LAW ENFORCEMENT BUILDING AND FACILITIES HELD BY MINORITY PARTICIPANTS REPRESENTING ALL OF THE MINORITY GROUPS IN ANY COMBINATION THEREOF, BUT IN NO EVENT SHALL ANY OF THE INDIVIDUAL MINORITY PARTICIPANTS HOLD LESS THAN A 5 PERCENT OWNERSHIP INTEREST IN THE FEDERAL LAW ENFORCEMENT BUILDING AND FACILITIES. (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. 41. APPROVE DRAFT OF PROPOSED CHARTER AMENDMENT (CHARTER AMENDMENT NO. 1) TO PROVIDE FOR A FOUR-YEAR TERM OF OFFICE FOR THE ELECTED MAYOR OF THE CITY OF MIAMI COMMENCING NOVEMBER 1989 - SPECIAL ELECTION TO BE HELD SEPTEMBER 6, 1988. ------------------------------------------------------------------------------ Mayor Suarez: Item 66. Mr. Odio: Sixty-eight, Mr. Mayor. We done 67. Mayor Suarez: Sixty-eight, Mr. Plummer: I think we ought to think about this one for a while. Move it. Mayor Suarez: Moved. Mrs. Kennedy: Second, Mayor Suarez Thank you, seconded. Any discussion? Call the roll, 142 June 9, 1988 A* 0 Mr. Dawkins: No. Mr. Plumnert No. The following resolution was introduced by Commissioner Plummer, who moved its adoptions RESOLUTION NO. 88-541 A RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING THE FIRST PARAGRAPH OF SUBSECTION (b), ENTITLED ELECTION OF COMMISSION; TERMS OF OFFICE; RECALL." OF SECTION 4, ENTITLED, "FORM OF GOVERNMENT.", OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, KNOWN AS CHARTER AMENDMENT NO. 1, THEREBY PROVIDING FOR A FOUR YEAR TERM OF OFFICE FOR THE ELECTED MAYOR OF THE CITY OF MIAMI COMMENCING IN NOVEMBER 1989; FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF SEPTEMBER, 1988 FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 1 TO THE ELECTORATE AT SAID ELECTION; FURTHER DIRECTING THAT A CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL 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. 42. APPROVE ESCROW AGREEMENT BY AND BETWEEN SWIRE PACIFIC HOLDINGS, INC., VIZCATRAN, LTD., OCEAN BANK OF MIAMI, AND THE CITY OF MIAMI IN CONNECTION WITH PROPOSED DEVELOPMENT OF AN ELDERLY -HANDICAPPED HOUSING PROJECT. Mayor Suarez: Seventy. Mr. Dawkins: Oh, this is a good one. Wheee. Mrs. Kennedy: Vizcatran. Mr. Plummer: A noncontroversial item. Mr. Dawkins: Oh, how lovely. Mayor Suarez: For the record, there was a petition, let's see - dated June 9th, 1988 and purports to have 1184 signatures? Well, I can introduce into the record a letter that refers to 1184 petitions, but I have to clarify that I didn't get the 1184 signatures with this, I don't believe. In any event, the letter's dated June 9th, 1988. Oh, OK. I thought you had left, OK. You're going to have to bring them up if you want them in the record. OK. Again, I can insert this into the record, the statement from the group in question is that they, in fact, have delivered 1184 signatures against a proposed building at 3200 S.W. 1st Avenue and against the escrow agreement 143 June 9, 1988 resolution. I have not seen those petitions, but all I can do is introduce this letter into the record and.., you certainly can introduce facsimiles of it at this point or copies or the originals... OK, Madam City Clerk, have you received those? OK, why don't you give her that for me, please. At least we'll give her the cover letter. Mr. City Attorney, why don't you tell us - Mr. Fernandez was just saying that this is a limited scope issue at this point, we're just approving the escrow agreement. Why don't you put that on the record so we know what we're dealing with here. Joel Maxwell, Esq.: Yes, sir, the item before you now is simply the approval of the escrow agreement and authorization of the City Attorney to sign that agreement. You don't have before you today the approval of a building or anything of the like on that particular site. In fact, the zoning has been approved at a previous City Commission hearing. Mayor Suarez: If I understand that correctly, and you might want to convey this back to the signers of that petition, what we're agreeing to is something that will have the effect of, I believe, reducing the maximum size of what can be built there to eight stories and providing the City with an escrow... UNIDENTIFIED SPEAKER: Nine stories. Mayor Suarez: Nine stories and - nine stories? Mr. Maxwell: Excuse me, Mr. Mayor. Mayor Suarez: No larger than nine stories, is that part of the... Mr. Maxwell: There is a covenant attached to the agreement which will limit the height of the building to nine stories and also there's a provision in the agreement which is discretionary but would also provide for an amendment to the covenant to limit the building even more but that's purely discretionary. Mayor Suarez: And I presume that also hinges on setback variances being granted, no? Mr. Maxwell: That's correct. Mayor Suarez: In any event, for those that are maybe not as aware as Joe of what this agreement entails, it does have that. In other words, we have, in effect, obtained a covenant from the landowner that at the highest that would be built there would be nine stories as opposed to, I believe, thirteen. You're shaking your head, we'll be happy to hear your comments and whether that's not being done but that's what we're told that's being done. And otherwise we're receiving into an escrow account a certain amount of money from the Swire Company that may or may not lead to the development of some kind of facility there and that if it doesn't happen, the City will end up receiving the bulk of the principle amount and the interest is paid to the owner to be able to do carrying charges on his property. Mr. Dawkins: Question. Mayor Suarez: That's the extent of the agreement. We're not approving any particular project there. I just want to tell you that. Mr. Dawkins: Question, Mr. Manager. Mayor Suarez: If we approve it. Mr. Dawkins: Mr. Manager, where did the newspaper get the idea that the Catholic Diocese would be given this land? Where did that come from? Mr. Odio: I have no idea, Commissioner. I have no idea. They never called me. I don't know where they have the... I read the story just as you did and I was surprised. Mr. Dawkins: And you don't know anything about it either? Mr. Odio: No, sir. Mr. Dawkins: OK, maybe.,. Mr. Maxwell, 144 June 9, 1988 ■ ■ ■ 'r 1 Mr. Maxwell. During Mr. Portuondo's initial presentation of April 14th, he indicated that the entity that would be applying for the HUD loan would be; if everything went according to plan, would be the Archdiocese of Miami. Mr. Dawkins: Who said that? Mr. Maxwell: Mr. Juan Portuondo, I'm sorry, Joe Portuondo. Mr. Plummer: ...,. microphone., Mr. Dawkins: Joe Portuondo? Mr, Maxwell: Joe Portuondo is Mr. Delgado's attorney, is Vizeatran's attorney. Mr. Plummer: All right, look, this money's put into escrow. What happens if this thing is not built within a certain time period? What happens to the money? Mr. Maxwell: If it's not built within four years, which is the outside period of time, $350,000 would revert to the City of Miami. Mr. Plummer: And the remaining money? Mr. Maxwell: The balance of the money will go to Swire. Mr. Plummer: To who? Mr. Maxwell! To Swire Biscayne, Swire Pacific now, they're the ones that are putting up the money. Mr. Plummer: So, in other words, of $500,000, three fifty would come to the City and $150,000 would go back to the donator or... Mr. Maxwell: That's correct. In addition to that, the total amount of money at stake here right now is $525,000. If the project is not built according to the escrow agreement, they don't get a commitment from HUD and then if they don't follow up on their commitment, what happens then is that the total one seventy-five would revert back to Swire Biscayne; $25,000 coming from the developer and the other $150,000 coming from the escrow agent. Mr. Plummer: And the interest? Mr. Maxwell: All the interest, until the termination date, would be disbursed by the escrow agent to Vizcatran for their use. Mr. Plummer: Well, why are they entitled to anything? Mr. Maxwell: And that's a policy decision by this Commission, sir, to determine whether or not they're entitled to the interest. Mr. Plummer: And why four years? I remember we had some discussion about the four years, but why four years? Mr. Maxwell: Again, that's a policy decision. NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION DEFERS AGENDA ITEM 91. (BY APPLICANT'S REQUEST) Mayor Suarez: Remember to give us your name and address and... Ms. Carolina Perez: My name is Carolina Perez. Mayor Suarez: I'm sorry, Commissioner Dawkins, I'm sorry. Ms. Perez: OK. Mr. De Yurre: Yes, sir. Mr. Dawkins; I mean, why is it we have to give them four years, all right, I've been waiting for this to go on since 1975, OK? They did not fulfill their part of the agreement and now, with another $500,000, you're going to 145 June 9, 1988 E L-1 wait another four years. Why is it that this cannot be terminated in a year or 18 months or something? Mr. Maxwell: Well, the way the agreement is written right now, if they do not get a commitment from HUD by December the 31st, 1989, the agreement would terminate. But if they get a conditional commitment from HUD, they would have four year from the date of this agreement. There is nothing really that mandates that you give them their four years but they have indicated that that's the time that is reasonable. Mr. Dawkins: What happens if the Catholic Diocese already got a 202 which they got ten thousand of them and they just decided to bring one of those that they already got from the federal government down here. What happens then? Mr. Maxwell: Well, again, the way the agreement is written, Mr. Dawkins, it does not restrict them to the use of the Archdiocese of Miami. They can use some other entity to apply for the grant and build the housing. Mr. Dawkins: All right, thank you, Mr. Mayor - I mean, Vice Mayor. Ms. Perez: My name is... oh. Mr. Plummer: What happens if it's not the Archdiocese? Mr. Maxwell: According to the agreement, nothing happens... Mr. Plummer: In other words... Mr. Maxwell: ... you just have some other entity building the housing. Mr. Plummer: But this is to be affordable housing, correct? Mr. Maxwell: Elderly housing. Mr. Plummer: No, it was affordable housing. Mr. Maxwell: The document you have before them... Mr. Plummer: No, no, no, no, forget about the documents. This was originally passed as affordable. Mr. Maxwell: That's correct. Mr. Plummer: Now, how are they getting off the hook to allow it to be elderly? Mr. Maxwell: Your motion of... Mr. Plummer: Who changed it? Mr. Maxwell: Your motion of April 14th allowed that. Mr. Plummer: I don't remember saying that this now had been converted to elderly. Mr. Maxwell: They indicated on the record that it would be elderly housing and I think the reason that they did that was to pacify - now, I'm making arguments to best probably should be directed to Mr. Portuondo. Mrs. Kennedy: I believe that it was Mr. Portuondo who told us that he had talked to the Archdiocese and they were interested during the last time that this came out. Mr. Plummer: See, I guess the question that I've got that nobody has been able to answer, if this goes to the Archdiocese, why are they entitled to $350,000 and not the City? They're asking us to let them off the hook. Us, the City. Why wouldn't that money come to us and let the developer deal with - let him deal with the Archdiocese or who ever he wants? UNIDENTIFIED SPEAKER (OFF MIKE): They got more money than we have. Mr. Plummer: Can anybody answer that? Why would that money go to them? M: 146 June 9, 1988 Mr, Joe Wilkins: As I understand it, on January 14th the City Attorney stated that the City had no More financial obligation from Swire. Mr. Plummer: That's not the point: It is Swire who is today asking us to let them off the hook. They're not asking Portuondo or the Vizcatran, they're asking the City. So we must have some hook thereon. Why aren't we receiving the $350,000? Mr. John Guinness: OK, my name is John Guinness and the explanation furnished by Mr. Portuondo... Mr. Plummer: I'm sorry, go again. Mr. Guinness: The explanation which was furnished by Mr, Portuondo at the April 14th meeting was that if the money did not go to them, they would sue Swire. Mr. Plummer: dell, that's their problem. Mayor Suarez: Oh, yes, they've been threatening that... Mr. Guinness: I know. Mayor Suarez: to sue Swire. Mr. Guinness: That's one of the reasons I've checked too. That's their problem. Mr. Dawkins: I move that the money go to our housing conservation fund. Mr. Plummer: You're talking about the $350,000? Mr. Dawkins: Yes. Mr. Plummer: Well, now, OK, you've got to go a step further. You just can't make a motion. Mr. Dawkins: Go ahead, J.L. Mr. Plummer: Are you saying that that $350,000 would go to the City of Miami Housing Fund and in return we are going to release Swire?Because that's what... other than that, you're not going to get... Mr. Dawkins: Yes, yes, well I personally do not believe that Swire is on the hook. This Commission let Swire off the hook before. Mr. Plummer: Well, they're saying they are, so let's don't talk them out of it. Mr. Dawkins: All right, but if they want to ease their conscience with another $500,000, I'm in favor of accepting it to ease their conscience. Let the City of Miami receive, yes. Mr. Plummer: You're big hearted. Mr. Dawkins: And that could go into... Mr. Plummer: So, your motion is that the $350,000 be paid to the City of Miami Housing Fund. Mr. Dawkins: Yes, that's.. Mr. Plummer; I'll second the motion. Mayor Suarez: Moved and seconded. Ms. Perez (OFF AND ON MIKE): Wait a minute, may I say something? My name is Carolina Perez. I live at 520 S.W. 29th Road. The thing is that I consider that an escrow account is an escrow account. The interest from the money should be keep in the escrow account and with the control of the City of Miami. 147 June 9, 1988 • Mr, Plummer: We're taking the Fn6bey totally, Ms, Perez: Yesi but h6t the 1ht6t6§ti And the interest is going to be,,, Mr. Plummer: there'll be no interest, that's our money.,, Ms: Perez: No? Mr, Plummer: ... we take it and put it in the City's regular wallet, Ms. Perez: And our opinion is that the best thing to do there is to open the street that have been closed, but not permanently closed because they need to have access to all emergency circumstances that could happen. Mr.: Plummer: That's not what we're talking about right now. We're talking about Swire has asked the City to let them off the hook. Ms. Perez: Yes. Mr. Plummer: We're saying, pay that $350,000 to the City and its housing fund, OK? That's what we're saying. No interest involved, no escrow, pay us the money, we let you off the hook. Ms. Perez: OK, that's better. Mayor Suarez: Wait, wait, if you did that, no commitment that the building will not be the height that it is now proposed if the owner wishes to build that high there. Mr. Plummer: No, it can only go as high as... Mayor Suarez: The zoning that it has. Mr. Plummer: That it previously had which was eight floors. Ms. Perez: Six. Mayor Suarez: How are you going to do that? Wait, wait, wait, how are you going to do that? Wait, how are you going to do that? Mr. Plummer: Well, whatever that zoning was... Mayor Suarez: That was rezoned. We approved the rezoning. Mr. Plummer: But they couldn't go any more than what it was previously rezoned. Mayor Suarez: How are you going to do that? Ms. Perez: Well, no, is now. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: For six. Mayor Suarez: Sixteen. Ms. Perez: They say sixteen but it was approved in 1986. Mr. Plummer: What? Mayor Suarez; Joe, explain on the recordo please... Mr. Maxwell: You. might want to direct this question to the planning F department, but it's My: understanding that under the present zoning there, as recently approved, there's an _unlimited height on the building that can be f built there. Mr. Dawkins: OK, we got the Planning department. Joseph Fortuondo, Esq.; May I be heard on this issued 148 June 9, 1988 Mt. Dawkins: We got the planning department. Mr. Plummer: The original proposal was eight floors. Mayor Suarez: We'll get to you, counselor, to the owner. Mr. McManus: Commissioner, Commissioner. They have the zoning... Mayor Suarez: We gave them the zoning:.. Mr. McManus: RG-3... Mayor Suarez: Sorry, Joe, wait a minute, Joe, we're hearing from the other Joe. Mr. McManus: RG-3/7 does not have a height limit, all right. We do have those inward sloping light planes from the outer boundary of the property that gradually slope in. So they are talking at least about a thirteen story high apartment building. If they got a variance from the zoning board, from the inward sloping light planes, they might be able to reduce it to nine floors. Mr. Plummer: Well, I... Mayor Suarez: Under the present proposal though, they're convening, they're agreeing and putting it into a covenant to go with the land that they will not exceed nine stories so that's a concession that they're making that is important to the neighbors. I thought it was important to the neighbors, isn't it important to the neighbors? Mr. McManus: Mr. Mayor, I'd only point out that that is subject to a variance from the City of Miami zoning board. Mr. Dawkins: And this Commission. Mayor Suarez: And the Commission, right. Possibly the Commission. I don't know who to hear from, I mean I... Mr. Portuondo: I don't know what's going on here. My name is Joe Portuondo, I represent the land owner, Vizcatran, Ltd. and when I walked in here I thought I'd walked into some kind of a time warp. It seemed like this Commission forgot everything that we talked about two months ago and that we entered into an agreement verbally that was going to be reduced to writing and today, what we were supposed to do was come here today and ratify the signature of the City Attorney on the agreement. This City Commission voted on the terms of the agreement on April 14th. Since then, we have gone out and relied upon that agreement which I considered to be a settlement of this whole issue and made preparation to do this project. The only thing that was lacking back on April 14th was that the writing had not yet been completed and this Commission, by a motion, gave the City Attorney the authority to review the draft of the writing and approve it in form and that would have been the end of it and that was my understanding today. In fact, two of the parties, that is the escrow agent and my client have signed it. The third party, Swire, has already agreed to sign it but when they sign it they have to give the check so they're waiting for the City Attorney to sign it. And the City Attorney has had the draft now since April 29th and we're all sitting around waiting for someone to sign it so we can go on and build this project. The HUD application which was so critical, we talked about to make this project work, when I came back here April 14th, I said, it's absolutely critical that we have a resolution today because this whole thing will be lost and we'll all end up in litigation. Well, we only got three working days to go, folks, and we still don't have the money. Mrs. Kennedy: Joe, let me just say that the way it reads in our agenda, you're absolutely right. It is approving the escrow agreement and that's the end of that. That's the way it is. Mr. Portuondo: That's what I expected to happen here today. Mr. Dawkins: OK, but let me tell you, what you expected to happen is just like what I expected to happen. But, number one, I never intended for anything to go in there but saleable housing, that's me. OK? 149 June 9, 1988 Mr. Portuondo: I'm sorry, Commissioner, I didn't hear you. Mr; Dawkins: All right, that's me, Mr. Portuondo: I'm sorry, I didn't hear what you said. Mr. Dawkins: 1 never intended anything to go in there but saleable, affordable housing,.. Mr. Portuondo: Affordable housing, Mr. Dawkins: I did not intend for any elderly housing to go in there, OK? We've got 450 units of elderly housing now in the City. And every time we get a 202, HUD makes us come up with affordable housing and we're in the hole now, we can never catch up because we keep allowing developers to put in 202 and they get away and then we get left holding the bag. So if you got my vote, if you're going to put affordable housing, OK? But if you're talking... I wouldn't care if you were going to do it with anybody and if I led you to believe that, I'm sorry, but if you got three votes, you're in good shape, but I cannot vote along with anything that will permit any 202 housing in that area. Mr. Plummer (OFF MIKE): This whole thing was based on Metrorail for people to go downtown and go to work, not elderly. Mr. Portuondo: Let me just say one thing about that, Commissioner. I understand your concerns, I think they're very valid ones. When we came before the Commission early on, I said my client is willing to build anything on that property. It could be an office building, it could be affordable housing, it could be low income housing, it could be whatever, in consultation with the neighbors, we talked about that and from them we got the impression that what they wanted for that site was elderly housing. And elderly housing, I went to a lot of trouble to put the pieces together to do an elderly housing project. Now, I will tell you that the Miami Herald reported today and something that's absolutely true, there are 2,000 people waiting to get into elderly housing projects sponsored by the... Mr. Dawkins: You know how single families are looking for single family homes? Mr. Portuondo: Ah, I... Mr. Dawkins: OK, all right, then, well then give both sides an equation. Mr. Portuondo: But, what I'm saying is... Mr. Dawkins: Don't give one side of the equation, you know, give both sides. We got X number of elderly looking for houses, we got X number of young people looking for housing. Mr. Portuondo: I appreciate your concerns, Commissioner, but I - no, I fully agree there's a need for affordable housing. There's also a need for elderly, I think, all the considerations weighing are for affordable housing and we can't change now, it's too late. Mayor Suarez (OFF MIKE): You go ahead and make it. Mr. Portuondo: I mean, we spent time and money on this, and we're going to lose the project. Mr. Plummer: Why don't we hear from the neighbors. Mr. Portuondo (OFF MIKE): Go ahead, Joe. Mr. Joe Wilkins: My name is Joe Wilkins, I represent the Miami Roads Neighborhood Civic Association. On May 5th, our board of directors had an evaluation of this situation by two attorneys, by real estate experts. This is not an easy situation, to say the least. Our opinion at that point was that we would not oppose the concept of elderly housing. We wanted certain density, we wanted certain height, we wanted certain esthetics. But at this point, of all the realistic options for that property which are private 150 June 9, 1988 U development which, again, the man just said, has unlimited height. 1f he wants to go build his own private building, he can do it without a 'variance and go thirteen, sixteen floors. We weren't in favor of that: We clearly were not in favor of low income housing in this area and the other option was a project... Mr. Dawkins: Well, what is elderly... you know, 1 keep hearing low income housing, what is elderly housing? Mr. Joe Wilkins: 1 was told to look = 1 was told that it would be... Mr. Dawkins! No, no, no, what is elderly housing? you know... Mr. Wilkins: 1t seems self explanatory: Mr. Dawkins: And I know it's not what's coming out is not what you mean, I know you too well, Oft? Mr. Wilkins: Well, the only... Mr. Dawkins: But, when you come up here and tell me, low income housing, that means black folks, we don't want you all in this area... Mr. Wilkins: It means... Mr. Dawkins: OK? Now, that's what it means. Mr. Wilkins: Well, you can interpret it however you want to interpret it, I'm telling you what our position is. Mr. Portuondo: May I address that very briefly, Commissioner? Mr. Dawkins: Hey, no, no, wait a minute, I mean, no... no, he's got the floor... Mr. Portuondo: I think he's going to have trouble with the legal issue. Mayor Suarez: It's really directed at the neighbor, Joe. Mr. Wilkins: I don't care if they want to bring elderly black folk in. The difficulty with low income would be traffic density, parking and these issues have nothing to do with race. OK. Mr. Dawkins: OK, what I'm trying to tell you is, the elderly... Mr. Wilkins: The elderly won't have the amount of traffic, they won't demand the amount of parking, they won't bring the kind of traffic in, they can utilize Metrorail. Those were some factors we looked at. Mr. Dawkins: But the elderly units will rent for the same thing as the low income units. Mr. Wilkins: But they won't have the amount of cars, they won't need the amount of parking, there are some advantageous... we had opinion... Mr. Dawkins: Well, then say, we don't want the traffic and we don't need the density... Mr. Wilkins: We said that from the beginning, we have said that repeatedly. Mr. Dawkins: Well, but, but, but... but, but, but don't put it on low income housing! Mr. Wilkins: We have said that fromthe beginning. Our concern with low income is not the race of the people living there, it is with the amount of traffic, the amount of parking, the size of the project as it was originally described. Those were our concerns. This project seems to be the lesser of the two evils. It seems to ameliorate at least a portion of those concerns. Mayor Suarez: Are you able to say as to your association, duly constituted, that you're supportive of this concept as presented to us today? 151 June 9, 1988 Mr. Wilkins: We are saying that we are not opposed to this concept at this point. Mayor Suarez: OK, that clarifies that. Mr. Wilkins: We will advocate... Mayor Suarez: And, obviously, .toe, Joe, let me just ask another question. Obviously, there are other neighbors... Mr. Wilkins: Obviously... Mayor Suarez: Wait, who may or may not be from the same neighborhood. I'm sure some of them are from the Roads... Mr. Wilkins: They are, they are. Mayor Suarez: ... who are not necessarily included in your association that did not participate in this vote. So we have... Mr. Wilkins: Right. Mayor Suarez: ... two different groups, I just don't... Mr. Wilkins: In an issue this complex and in a neighborhood as large as ours, we are not going to get an unanimous consensus... Mayor Suarez: And you're... Mr. Wilkins: All of us sympathize or empathize with the people that want no building at all. We want pine trees and cows. We want a park in that area. But, realistically, with Metrorail, we're not going to get - you know, there are certain things... Mayor Suarez: The membership of your organization is how many? Mr. Wilkins: We have close to 200 member households right now. Those are member houses after one year of being organized. Mayor Suarez: OK. Where are we at, Commissioners, we have one motion to take the $350,000 and put it right into the housing and conservation agency - I just want to state procedurally where we are - which has been seconded. The problem with that is that none of the parties, except for the City, if it were approved, agree to that because we don't know that Swire would agree to that and we presume the landowner certainly doesn't. Mr. Portuondo: I have a settlement with Swire, I would sue Swire if he did that, I would sue the City if you did that. I mean, we got to... Mayor Suarez: OK, Mr. Portuondo, counselor, what would be the problem if we were to approve that motion, sir? I'm sure you want to address that. Mr. Portuondo: The problem with that is that Swire and I already have a settlement to do it the way the escrow agreement is drafted. I also believe that I have a settlement with the City based upon the last vote that this Commission took on April 14th. We resolved it and you delegated it to the City Attorney just to work out the drafting of the agreement that we would come back here and sign it. We've got a settlement, folks, and so I mean... Mrs. Kennedy: I thought that that's what you were here and everybody was in accordance after several meetings they decided, everybody, all of you decided that elderly housing was all right and I don't see the problem with elderly housing because let me tell you, it's not the best place to be but considering the alternative, I'm looking forward to being there. Mr. Portuondo: I didn't expect to say anything today. I was going to sit here and watch and Mr. Maxwell would say, I've drafted it, I find it's OK, in accordance with the last vote, it's OK and then that will be the end of it. Mayor Suarez: You're reducing to writing what you thought we had done the last time. I too, so we can decide how we're going to go on this and we'll certainly take more comments if you want to clarify or oppose. I'll entertain a substitute motion to approve the escrow agreement as presented to us. 152 June 9, 1988 Mrs. Kennedy (Ott MIKE): I so move. Mr. De Yurre: I would move. Mayor Suarez: We have a movement and a second. OK, that's the motion now on the floor and then we could always go back to the first one if that one didn't pass or either way. You want to address that now? Ms. Perez: Yes, what I want to tell is that the neighborhood is not divided. We all want the same thing, no building at all there, the street open again and be rezoning as this was before. But we are not a neighborhood that is split, as you consider. We are together. The only thing is, that if you want everybody to be here, next time call for a new meeting or some other time that we have been able to advertise and so everybody will be here. The association and the people from the neighborhood that don't belong to the association, we don't want any building because we have so many people in the area already and we need this street open as it was in the beginning. Mayor Suarez: Let me tell you two things to tell your group which is a little bit less organized than the other one in terms of my being sure that the message is going to get back. There are two problem with any other route than the one we're taking today if this motion passes. Let me see if I can remember both of the problems. One is that we have rezoned that property and by doing this today, we go back, by agreement from the owner to a maximum of nine stories. Am I right in that again? Mr. Portuondo: Yes. Mayor Suarez: OK. The other problem is that we have an opinion from our own City Attorney that says, if you read today's paper you'll see that I happen not to agree with that opinion but I'm not thinking as a lawyer here, I have to try to be someone that follows our own City Attorney's position, but that they say that we have no cause of action right now, we have no claim whatsoever against Swire. And in this case, if they don't build what they're going to build, at least we're going to get our hands on some of the money to build affordable housing... Ms. Perez: Some other place, but not there. Mayor Suarez: Where ever, you know, some Commissioners might want to build it there. You and I might want to build it in some place where the people particularly want it, which ever. Now, that's where we're at, see, so if we don't agree to this, then we really are regressing, from my perspective, and that's why I'm going to vote for the motion as stated. Mr. Plummer: Well, the question that still remains, why is Swire looking to us to let them off the hook if they have no obligation to us? Mayor Suarez: Because they don't want to get sued. Mr. Plummer: That don't mean... well, why don't we, since they... Mayor Suarez (OFF MIKE): Anytime we can close debate. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Miami Today says that Claughton Island is going to come back here and ask for 1,100 units in 188. Mr. Wilkins: In other words, they don't want to feel they have it... it was stated in January 14th, the City stated, well, you have no legal obligation, you have a moral obligation. They feel this will render them free of their moral, although I question that word, obligation, in this case. Mayor Suarez: For myself, I don't even want to test it at this point. I mean, we feel extremely happy of having put together, at least I do, two major projects with 230 units. Mr. Portuondo: I can just say one... let me just say one thing about Commissioner Plummer's question. Swire has some pretty good lawyers, probably the best people in the City, and they've concluded that they'd better pay this 153 June 9, 1988 money or they're going to get sued because they have an obligation, to, I mean, they've thought about it, Commissioner and... Mayor Suarez: They don't want to get sued. Mr. Portuondo: ... I mean, it would have been wishful thinking to think that they didn't have to pay it but they've concluded the deal, we've settled it. Mayor Suarez: I'm not sure who it is they don't want to be sued by, the landowner who claims he has a claim although I sometimes wonder... Mr. Portuondo: But I'd sue them for sure but I mean, it's settled. Mr. Dawkins (OFF MIKE): You made the motion. I'm going to call the... Mayor Suarez: ... the City, which legal counsel tells us we don't have a claim, which I don't agree with. In any event... Mr. Portuondo: It's settled. Mr. Dawkins (OFF MIKE): Is there a motion on the floor? Mayor Suarez: Yes, we have a motion and a second. Any further discussion from the Commission? Mr. Maxwell: Mr. Mayor, before you take the vote, there's one thing that needs to be included in that motion if the Commission is so disposed to approve it and that is that there was, we picked up a small discrepancy in the legal description of the covenant so we do need to amend the covenant to comply with that so if your motion will include our right to do that. Mayor Suarez: With that amendment on the legal description. Call the roll. Madam City Clerk. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 88-542 A RESOLUTION APPROVING THE ESCROW AGREEMENT NEGOTIATED PURSUANT TO MOTION 88-353, IN ESSENTIALLY THE FORM ATTACHED HERETO, BETWEEN SWIRE PACIFIC HOLDINGS, INC., VIZCATRAN, LTD., THE CITY OF MIAMI AND OCEAN BANK OF MIAMI, RELATIVE TO THE DEVELOPMENT OF ELDERLY -HANDICAPPED HOUSING NEAR THE VIZCAYA METRORAIL STATION; AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE SUBJECT AGREEMENT ON BEHALF OF THE CITY; AND RELIEVING SWIRE PACIFIC HOLDINGS, INC. CONDITIONALLY FROM ANY FURTHER OBLIGATION TO THE CITY OF MIAMI TO PROVIDE LOW INCOME/AFFORDABLE HOUSING. (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 Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Absolutely not. Mr. Dawkins: I think that elderly housing and low income housing is all public housing so in order to facilitate and help everybody understand that public housing is public housing, I vote yes. 154 June 9, 1988 7 COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Ma'am, last statement. Ms. Carmen Lopez: Senor Comisionado. Mayor Suarez: We're going to need a translator. Ms. Lopez: Perdon... Mayor Suarez: We're going to need a translator it sounds like unless you're just starting in Spanish, later to switch to English. Ms. Lopez: Sir, could you please translate my words? Mayor Suarez: You do pretty well in English. Ms. Lopez: (TRANSLATED BY CESAR ODIO) Mr. Mayor, Commissioner, she lives on 1609 S.W 29th Court. Mr. Plummer: No, that can't be right. Mrs. Kennedy: 619. Ms. Lopez: (TRANSLATED BY MR. ODIO) We want all of you to know that all the neighborhood is totally united. They're completely united. What we're doing, the people that have more free time available is diversifying their labor to collect all the signatures and bring it to you. In respect to the last meeting that they had where Mr. Attorney representing the owners was said that the money that they had available would be put in a place in a bank account and that the interest that would be accumulated would be used to pay the property owned by Mr. Delgado. In respect to the planification proposed for that particular site, is that that building plans, the designs, will be taken to the planning department and then brought back to the City Commission for action. At no time was there a determination on the final number of floors in the building or the number of units in the building. And Mr. Plummer clearly stated that he would take into consideration the will of the neighborhood as what would take place in that site. What Mr. Dawkins cannot establish the difference between elderly and low income, ask him when they refer to elderlies is that the building would be given to the Archdiocese and for everyone is to be known and well known that all the buildings that are owned by the Archdiocese are well controlled, organized and clean and they control who visits them, etc. And for them, they would prefer that the building would be by the Catholic Archdiocese because they would not accept any other.... because he promises... Mayor Suarez: Wait, wait, wait translate... well, you don't have to translate, let me just tell you... Mr. Odio: Well, you know what she said. Mayor Suarez: Yes... no, no but maybe for the record. Mr. Odio: I need to put a... Mayor Suarez: Translate please...... Mr. Odio: We need you to finish your commentary, madam. AT THIS POINT, MS. LOPEZ CONTINUES AND MR. ODIO TRANSLATES AS FOLLOWS: We all know that all these buildings the first three months are models that could be exhibited in any place like clean beautiful and.. Ms. Lopez: ... after three months it is a bunch of junk! Mr. Wilkins: I just want to make one quick point about the zoning. We have two questions regarding this property. One, which we've sort of dealt with today is the use of the property, the other remains the zoning of the property. You all sent this issue to the planning department for study. We have given them their input. Obviously, this petition provides more impetus as far as what the neighbors actually want on the property. This issue will come up again and at that point we're going to address it. We have requested 155 June 9, 1988 from the planning department, in writing, their rationale for their decision: We are waiting to receive that and we will see you all again on this issue. Mayor Suarez: OK, Joe, beautiful. Mr. Dawkins: But you do still agree to elderly housing? Mr. Wilkins: We agree as the lesser of all the evils we can see for this property, we will not oppose it at this point. We will insist on proper height, proper density, proper aesthetics, we will advocate for the elderly in terms of protection for our neighborhood. These old people are going to need safe streets, they're going to need a place to walk and at those terms, yes, we will not oppose it at this point. Mayor Suarez: OK, Joe. Mr, Dawkins: Thank you. 43. ALLOCATE $8,000 TO THE WYNWOOD GROUP (INGRID GRAD) AND $8,000 TO THE SOUTHWEST SOCIAL SERVICES PROGRAM (ORLANDO URRA'S GROUP). ------------------------------------------------------------------------------ Mr. De Yurre: Mr. Mayor, I have an emergency that I need to address at this point in time. Mayor Suarez: Commissioner. Mr. De Yurre: It has to do with the Wynwood Community Center. Mayor Suarez: Oh, Wynwood. What happened? Mr. De Yurre: Ingrid, come up for a second. I was going to bring it up back with item 64, but... Mayor Suarez: When we approved the CDBG the entire funding. Mr. De Yurre: That's right. It's my understanding... Mayor Suarez: I don't know why I have a suspicion that they're going to need more resources. Mrs. Kennedy: Yep. Mayor Suarez: And I don't know where we're going to find the money. Mr. De Yurre: Frank? Where's Frank Castaneda? He has a solution he told me. Mr. Plummer (OFF MIKE): Where are we now? Mrs. Kennedy (OFF MIKE): Pocket item, Ingrid Grau. Mayor Suarez: There's a solution? Mr. De Yurre: He said so. He had... Mayor Suarez: What are you short, Ingrid? Ms. Ingrid Grau: I'm short $8,000 and it came from the increases in all the insurances. Mayor Suarez: Office rent. Mr. De Yurre: The insurance, Mayor Suarez: Insurance, that's the story of our lives. Mr. Dawkins (OFF MIKE); Liability insurance, all kind of insurance, automobile insurance... 156 June 9, 1988 Ms. Gram No, no ibburances; liability, general liability and workmens cofnp. Mr. be Yurre: OX, Mayor Suarez: Frank, you got a solution? You going to lend thm the fnohey from your own pocket? Mr, Frank Castaneda: Commissioner, as I was telling Victor, Commissioner ,lit, at the last meeting had requested us to look for a solution of how to obtain $50,000 to help the social service agencies: This is our solution, Last year:.. Mayor Suarez: This is the solution you told Commissioner be Yurre? Mr. Castaneda: I'm sorry? Mayor Suarez: This is the solution that you were telling to Commissioner De Yurre? Mr. Castaneda: Right, the two solutions are related. Carey Tech was classified as a social service agency last year, As you recall, this year we classified it as an economic development agency... Mr. Plummer: Correct, Mr. Castaneda: ... so the idea is to move Carey Tech as an economic development agency, reduce contingency and the... in the 13th year to cover a new project and reduce the mini UDAG pool by about $3,000. That would free $23,000 in the 13th year of community development for social services. The other item is that a year and a half ago, the City allocated $75,000 for senior centers out of special programs and accounts. When that program closed last January, they had only spent $50,000 which leaves a balance of approximately $25,000, is that correct? So the $25,000 on the $23,000 gives you $48,000 which is basically, you know, close to what Commissioner Plummer was looking for. Now, Ingrid's problem is $8,000 In order... Mayor Suarez: And why you come up with forty-eight to solve an $8,000 problem, I don't know but go ahead and try us. Mr. Castaneda: Well... Mr. Dawkins: Hey, can we take $8,000 from the forty-eight? Mayor Suarez: Thank you. Mr. Plummer: Well, but wait a minute... Mr. Dawkins: All right, I'll move it. Mr. Plummer: Wait a minute, wait a minute, Miller. Mayor Suarez: Please, we got a motion. Mr. Plummer: Miller, excuse me. You've also got Southwest out here who were made the same promise. r Mr. Dawkins; How much - for how much? Mr. Plummer: Theirs is in the neighborhood of what? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Eight thousand also. Mr. De Yurre: OK, so? Mr. Plummer; And there's is matching money. If they don't get that $8,000, they lose an additional eight thousand. Mr. Dawkins: So eight and eight is sixteen from 48, I move it. Mr. Plummer; No? no - well, OK, . 157 June 9, 1988 1 0 0 Ms. Prahoena Brooks: No, no, hot but ingrid4t problem raiates to this year. Mr. Dawkins: bki Mr. De Yurre: That's right. Ms. $rooks: She's talking about the 13th year, right? Ms. Orau (OPP MIKE): Might, Ms, Brooks: The shortfall that this year that ends June 30th, Mr. De Yurre: That's right. Mr. Dawkins: Right. Ms. Brooks: Whereas, my understanding is Southwest is the problem that the other food agencies had that where their funds were cut back because of the shortfall in the CD altogether. Mr. Plummer: But the fear is that they will lose matching funds. That's the problem with Southwest. UNIDENTIFIED SPEAKER: Excuse me, the problem is not that all the agencies are losing money, our's is. We used to get the matching from for all American acts from United Way every year. This year, instead of giving us matching fund, they decided to open, under our administration, a meal site in Kendall so we lost the matching fund for this year All American Acts money and that's around $8,000. Mayor Suarez: You know, the details are really going to kill us here. Do you need $8,000? Mr. Dawkins: Mrs. Brooks, Mrs. Brooks... Mayor Suarez: Do we have it in the year in ques... Commissioner Dawkins. Mr. Dawkins: Mrs. Brooks, we have $48,000? Mr. Castaneda: Right. Ms. Brooks: Yes. Mr. Dawkins: And if we take 16 from it, we have 32? Ms. Brooks: Right. Mr. Dawkins: And when we give away the 32, we'll have none. Mr. Plummer: That's right. Mayor Suarez: Right. Ms. Brooks: Right. Mr. Dawkins: Ma'am? Mr. Plummer: You're pretty good at math. Ms. Brooks: The reason we was bringing up the subject of the 48 was to try to solve the shortfall of the fifty -thousand for next year, beginning July 1. But you can take eight, plus eight... Mayor Suarez: Thank you. Ms. Brooks; ... from that and that would leave... Mayor Suarez; Thank you. I'll entertain a motion. Mr. Dawkins: All right, I've made the motion, So what you're saying is that we need to alert everybody next year that we got thirty-two thousand. Use it fast or use it slow, when it go, we got no more. 158 June 9, 1988 Ms, Brooks: The only thing, at the htxt meeting we had intended to come to you with the recommendation that we had found this $48,000 which could help restore the food programs, but now we`ll be down to thirty-two. Mayor Suarez: Well, it's going to be down to thirty-two and he's saying to let the other groups know about the thirty-two, which means the whole world will be here. Mr: De Yurre: I'll second. Ms. Brooks: Might, Mr. Dawkins: OK, moved and second. Mayor Suarez: Moved and second. Mr. Plummer: That's $8,000 to Ingrid and $8,000 to Southwest, correct? Mayor Suarez: Right. Mr. Dawkins: Yes. Mayor Suarez: So moved and seconded. Mr. Plummer: I second the motion. Mayor Suarez: Thirded. Any discussion? Call the roll. Mr. Dawkins: Yes. Mr. Plummer: You will vie for part of the thirty-two. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Yes, there's thirty-two left. Mr. Castaneda: OK, but Commissioner, but just to clarify your memory, the $50,000 according to the motion of Commissioner Plummer, was only for the food programs that were receiving... Mr. Plummer: Well, that's... Orlando's a food program. Mr. Castaneda: Yes, I know, yes, but it's not open up to the whole world. Mr. Dawkins: No, it's for food. Mayor Suarez: OK, all right, so just notify them, please, yes. Don't notify the whole world. Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 88-543 A MOTION ALLOCATING $8,000 OF THIRTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10287, ADOPTED JUNE 11, 1987 TO WYNWOOD ELDERLY CENTER, INC. AND $8,000 OF THIRTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO SOUTHWEST SOCIAL SERVICE, INC. FOR THE PURPOSE OF SUPPORTING THE FOOD PROGRAMS OPERATED BY THESE AGENCIES; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH SAID AGENCIES FOR SAID PROJECTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: 159 June 9, 1988 ■ 0 0 ASS: Cotnfin ssioner Victor be Yurre Cofftissioner Miller J. Dawkins Cori►missioner j. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOBS: Node, ASSENT: None. UNIDENTIFIED SPEAKER: Thank you very much, Ms. Grau: Thank you. Mayor Suarez: Don't thank us, thank the Lord. -------------- 44. APPOINTMENTS TO AFFIRMATIVE ACTION ADVISORY BOARD (APPOINTED MERE: JOE BOLANOS AND LORI WELDON). ------------------------------------------------------------------------------ Mayor Suarez: Item 71. Mr. Odio: This is one appointment to the affirmative action advisory board as... Mayor Suarez: Affirmative Action Advisory Board, Commissioner De Yurre's appointment. So you have an appointment'or do you want to... Mr. De Yurre: For what board is that? Mayor Suarez: Affirmative Action Board. Mr. De Yurre: Yes, I have Joe Bolanos. Mayor Suarez: Attorney Joe Bolanos. I'll entertain that in the form of a motion. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Call the roll. Please, Madam City Clerk, call the roll. Mr. Plummer: Matty, call the roll. Seventy-one. NOTE FOR THE RECORD: THIS MOTION IS INCORPORATED AND FORMALIZED IN RESOLUTION 88-544 WHICH APPEARS AT THE END OF THIS ITEM. Mayor Suarez: Item 72. Are you going to direct yourself to one of these appointment items? Mr. Donald Benjamin: Yes, I wanted... Mayor Suarez: Oh, I'm sorry, Don, go ahead. Mr. Benjamin: I didn't have a chance to talk with you before but a few meetings ago, you appointed me to the Affirmative Action Board Mayor Suarez: And you have a problem. Mr. Benjamin: I have a problem, so I certainly would like to withdraw from it and make a suggestion as to replacement - Miss over there. Mayor Suarez: Thank you. You're not going to nominate Lori - I mean, ask me to nominate Lori Weldon, are you? Mr. Benjamin: Yes, she's much more interested in it than I am, Mayor Suarez: She's been known to wreck entire boards in their proceedings, I will nominate from my appointment and to take your place as you; withdraw, Lori Weldon. 160 June 9, 1988 ■ 10 0 Mr, Dawkin§: Second: Mayor Suarez: Call the roll. The following re§olution was introduced by Commissioner be Yurre, who moved its adoption: RESOLUTION NO. 88-544 A RESOLUTION APPOINTING TWO INDIVIDUALS TO FILL TWO VACANCIES ON THE CITY OF MIAMI AFFIRMATIVE ACTION BOARD. (NOTE: Joe Bolanos was nominated by Commissioner De Yurre. Lori Weldon was nominated by Mayor Suarez to replace Donald Benjamin who withdrew from the board.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 45. APPOINTMENTS TO THE INTERNATIONAL TRADE BOARD (APPOINTED WERE: STUART SORG, WILLIAM MESSETT AND WILLIAM ALEXANDER). Mayor Suarez: Why do we have to vote on 73 again? We only need Commissioner Plummer's appointments. Mr. Plummer: Right. Mayor Suarez: Oh, we have to formalize the whole bit. OK, do you have any idea on your appointments, J.? Mr. Plummer: I'll nominate Bill Messett, Bill Alexander, and Stuart Sorg. Mayor Suarez: I thought his name was Bill Messett, no? Mr. Plummer: Bill Messett, what did I say? Mayor Suarez: Joe Messett. Mr. Plummer: No, Bill Messett. Mayor Suarez: OK, those three nominations and the approval of the formalities. I'll entertain in the form of a motion. Mrs. Kennedy: Second. Second. Mayor Suarez: Second. Call the roll. Mr. De Yurre: Mr. Mayor, let's make sure because I made an error last time. Instead of naming Manny Gonzalez, I said Manny; Martinez. 161 June 9, 1988 Even though it's reflected here Mandy Gohzalex, I just want to tiention that into the record. Mayor Suarez: Call the roll with that clarification. The following resolution was introduced by Commissioner Plummer, who moved its adoptiont RESOLUTION NO. 88-546 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE SEVENTEEN MEMBER INTERNATIONAL TRADE BOARD ESTABLISHED BY ORDINANCE NO. 10437, ADOPTED MAY 12, 1988. (NOTE: The following individuals were appointed to the International Trade Board: * STUART SORG, BILL MESSETT, WILLIAM ALEXANDER (nominated by Commissioner Plummer). DARRYL SHARPTON (nominated by Comm. Dawkins) TONY ZAMORA (nominated by Comm. Dawkins) MARSHA SANDERS (nominated by Comm. Dawkins) LEE SANDLER (nominated by Mayor Suarez) HOWARD GARY (nominated by Mayor Suarez) SATURNINO E. LUCIO, II (nominated by Mayor Suarez) MANNY G. GONZALEZ (nominated by Comm De Yurre) JOSEPH LORENZO (nominated by Comm. De Yurre) OSMUNDO MARTINEZ (nominated by Comm De Yurre) RAFAEL DIAZ-BALART (nominated by Vice Mayor Kennedy) PEDRO ROIG (nominated by Vice Mayor Kennedy) RAFAEL GARCIA TOLEDO (nominated by Vice Mayor Kennedy) * - Denotes Commissioner Plummer's appointments made at this time. R-88-546 further confirmed prior appointments made by the City Commission. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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. ----------------------------------------------------------------------------- 46. DISCUSSION CONCERNING PROPOSED APPOINTMENT OF AN INDIVIDUAL TO SERVE AS A MEMBER OF THE PLANNING ADVISORY BOARD. ----------------- ------------------------------------------------------------ Mayor Suarez: Item 72. Mr. Odio: Seventy-two is an appointment for Commissioner De Yurre. Mayor Suarez: PAB. Mr. De Yurre: Yes, I would like to name Carlos Arboleya, Jr. Mayor Suarez: Is he not still sitting as my appointment to the Code Enforcement Board? Mr. De Yurre; I don't know. Mayor Suarez: Can he sit on the Code Enforcement Board and the PAB and I.,. Mr. De Yurre; He can sit on one paid and one non paid, right? 162 June 9, 1988 ........... Mr, FerhAhdez: Might, Mayor Suarez: I don't... Mr. pluttimer: But oats he sit on both? Would he reaily want to sit on bothl Mayor Suarez: You flight want to notify him that::: Mr. be Yurre: No accepted the.:: Mayor Suarez: But I'm sure he wants to be on the PAB rather than Code Enforcement so maybe he ought to resign from Code Enforcement and let me know then I get another appointment. Mr. be Yurre: OR, well, well, let's name him now to here, then he can get them resigned: Mr. Odo: The problem... Mayor Suarez: But there's no legal impediment... Mr. Fernandez As long as one is an advisory board, there's no problem. Mayor Suarez: OR, we have a nomination... Mr. Odio: Commissioner, I need a clarification because he did not apply... Mayor Suarez: Oh, we got to advertise again. Mr. De'Yurre: Well, then advertise and we'll go through procedure. Mayor Suarez: OR, bring it back to us: Mr. Fernandez: All right.' Mayor Suarez: And in that process, somebody maybe contact him, Joe, and explain to him that it may not be a'good idea, as Commissioner Plummer suggested, it takes a lot of time to be on both of those boards and other people do want to serve on boards. 47. APPOINT CERTAIN INDIVIDUALS TO THE LATIN QUARTER REVIEW BOARD (APPOINTED WERE: (A) RAUL HERNANDEZ, AND (B) HECTOR GASCA). Mayor Suarez: Item 74. Latin Quarter Review Board. Commissioner Kennedy and Dawkins. Mrs. Kennedy: Yes, all we need; to do is send the application to my nominee,' Raul Hernandez. Somehow it wasn't done, so... Mayor Suarez: That doesn't need to follow any formalities, you can just appoint him, can't you? Mrs. Kennedy I believe so, Mayor Suarez: Yes, I'll entertain that in the form of a motion. Mrs. Kennedy: OR, so moved Mayor Suarez: So moved. Mr. Plummer: Second. Mayor Suarez: Seconded, call the roll, 163 June 9, 1988 2 The following fn6ti6h Wa§ introduced by Oomrilt§ioner 0h iedy, whs fnoved Its adeption: MOTION NO, 88-547 A LOTION APPOINTING RAUL HERNANDEZ AS A MEMBER Off' THE LATIN QUARTER REVIEW BOARD. (NOTE: Mr. Hernandez was nominated by Vita Mayor Kennedy. No application was ever filled out by the nominee.) Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller is Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Please, somebody remind Commissioner Dawkins that his appointment is also up. Item 75, item 75, RFP. Mr. Odio: This is the support of the Visions_2000_committee that was created in Tallahassee by... Mr. Plummer: How much? Ms. Hirai (OFF MIKE): Miller, `,you have an appointment on 74. Do you want to make it now? Mr. Dawkins.(OFF MIKE): Seventy-four, what's 74? Mr. Joe McManus: Commissioner,; we're receiving a..'. Mr. Odio: No, we're receiving... Mr. McManus ... a state grant. Mr. Dawkins: OK, here you are. Mrs. Kennedy: We've got a $41,000 state... Mr. McManus We have $41,000 in a state grant. The purpose here is to go out and hire the consultant. Mr. Dawkins: I nominate... Ms. Hirai: Excuse me, Mr. McManus, excuse me. Commissioner Dawkins is making his appointment in connection agenda 74. Mayor Suarez: Latin Quarter Review Board. So moved, 164 June 9, 1988 The following th tift wab ihtrbduced by Commissioner bawkiht, who fnolied its ad6ptien: MOTION NO, 88-548 A MOTION APPOINTING HECTOR GASCA AS A MEMBER OF THE LATIN QUARTER REVIEW BOARD. (NOTE: Mr. G$aca was nominated by Commissioner Dawkins. No application was ever filled out by the nominee.) Upon being seconded by Commissioner Kennedy, the motion was passed 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. 48. AUTHORIZE ISSUANCE OF AN RFP FOR PROFESSIONAL SERVICES - CONSULTANT SUPPORT FOR CITY OF MIAMI VISIONS 2000 COMMITTEE. ------------------------------------------------------------------------------ Mr. Dawkins: What are we on now, Mr. Mayor? Mayor Suarez: Seventy-five is the item we're on, the Visions 2000 committee RFP. Mrs. Kennedy: Move it. Mayor Suarez: This is from a grant from the state? Mr. Joe McManus: Grant from the. state specifically for the Visions 2000 committee,.... Mayor Suarez: And we're just issuing the RFP to see who we're... Mr. McManus: RFP for consultant services to provide staff support for the committee. Mrs. Kennedy: Move it. Mayor Suarez: I'll entertain a motion on it, so moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Call the roll. Mr. Plummer: I don't see the RFP. Mr. McManus: The law department distributed the RFP with a dozen other items as supplemental to your agenda. So, it's in the. Mr. Plummer: The .sneaky Pete. Mr. McManus; It's in the law department package. Mayor Suarez (OFF.MIKE); This is an incredible agenda. Mr, Clark (OFF MIKE); It's in that memo. we gave you, J,L, Mr. Plummer: What memo? Mr. McManus; I believe it's the next to the last item in the law department package, 165 June 9, 1988 0 a Mr. Piurnrnen What item was it? Mr. MtManuso I think it's the hoot to the last one. Mr. Plummer: Seventy-five. Go ahead and tail the roil, let one look at it. Mayor Suarez: Call the roll on 15. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88j-540 A RESOLUTION AUTHORIZING THE SUBSEQUENT ISSUANCE OF A REQUEST FOR THE PROPOSALS FOR PROFESSIONAL SERVICES FOR THE PROVISION OF CONSULTANT SUPPORT FOR THE CITY OF MIAMI VISIONS 2000 COMMITTEE IN ACCORDANCE WITH ORDINANCE NO. 9512, ADOPTED FEBRUARY 10, 1983, WHICH ORDINANCE ESTABLISHED PROCEDURES FOR CONTRACTING SAID PROFESSIONAL SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre NOTE FOR THE RECORD: ALTHOUGH ABSENT DURING ROLL CALL, COMMISSIONER DE YURRE REQUESTED OF THE CLERK TO SHOW HIM VOTING WITH THE MOTION. NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION CONTINUED TO JULY 14 AGENDA ITEM 76 (PROPOSED CO -DESIGNATION OF N.W. 12TH AVENUE FROM N.W. 7TH TO N.W. 12TH AVENUES AS "JOHN HENRY PEAVY, JR., STREET"). 49. ACCEPT COMPLETED WORK: M. VILA AND ASSOCIATES, INC. - FOR BUENA VISTA HIGHWAY IMPROVEMENT - PHASE II (BID "B") - CIP PROJECT NO. 341108. Mayor Suarez: Seventy-seven, accepting completed work. Mr. Dawkins: Move it. Mr. Plummer: Move it Mayor Suarez: Moved and seconded. Mrs. Kennedy: Second. Mayor Suarez: Any discussion? Call the roll. _i 166 June 9, 1988 The following resolution was lntrbdueed by Commissibh6r Dawkins] who finbV6d its adOption: RESOLUTION NO, 88=550 A RESOLUTION ACCEPTING THE COMPLETED WORK OF M. VILA AND ASSOCIATES, INC. AT A TOTAL COST OF $502,114.55 FOR BUENA VISTA HIGHWAY IMPROVEMENT _ PHASE It (1311) 01E1-) C.I.P. PROJECT NO. 341108 AND AUTHORIZING A FINAL PAYMENT OF $3,113.26. (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 Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre NOTE FOR THE RECORD: ALTHOUGH ABSENT DURING ROLL CALL, COMMISSIONER DE YURRE REQUESTED OF THE CLERK TO SHOW HIM VOTING WITH THE MOTION. ------------------------------------------------------------------------------ 50. RATIFY MANAGER'S FINDING OF SOLE SOURCE - WAIVE COMPETITIVE SEALED BIDS - APPROVE ACQUISITION OF SERVICE FOR DIGITAL ASSEMBLIES OF PORTABLE UNITS FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. Mayor Suarez: Seventy-eight. Ratifying Manager's finding of sole source. Mr. Dawkins: J.L. move. Mayor Suarez: Moved. Mrs. Kennedy (OFF MIKE): Second. Mayor Suarez: Seconded. Mrs. Kennedy (OFF MIKE: Second. Mayor Suarez: Call the roll. We need 4/5ths vote. Mr. Plummer: On which item? Mr. Dawkins (OFF MIKE): Seventy-eight. 167 June 9, 1988 The following resolution was introduced by Commissioner Pluffimef, who moved its adoption: RESOLUTION NO, 88-551 A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE ACQUISITION OF SERVICE FOR THE DIGITAL ASSEMBLIES OF PORTABLE UNITS AT AN ESTIMATED COST OF $47,000.00 FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. (DCS/PORTABLE INC.), PART OF THE 800 MHZ COMMUNICATIONS SYSTEM MANUFACTURED BY MOTOROLA COMMUNICATIONS & ELECTRONICS, INC. FOR THE DEPARTMENT GENERAL SERVICE ADMINISTRATION/COMMUNICATION SERVICES DIVISION; ALLOCATING FUNDS THEREFOR FROM THE 1987-88 OPERATING BUDGET ACCOUNT CODE NO. 420301-340-56000; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, 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 Dawkins, the resolution was passed 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 NOTE FOR THE RECORD: ALTHOUGH ABSENT DURING ROLL CALL, COMMISSIONER DE YURRE REQUESTED OF THE CLERK TO SHOW HIM VOTING WITH THE MOTION. COMMENTS MADE DURING ROLL CALL: Mr. Dawkins: Hold on, wait a minute. Mayor Suarez: Wait, wait, wait. Mr. Dawkins: J.L.'s got to look at 78. Mayor Suarez: I thought we had a motion here. Somebody moved it on your behalf. Mr. Plummer What item? Mr. Dawkins (OFF MIKE): ... you moved 78, that's Motorola. Mr. Odio: It's $47,000. Mayor Suarez: He who hesitates... Mr, Plummer: No, I'm trying to read something else. Yes, that's fine. Mayor Suarez (OFF MIKE): All right... Ms. Hirai: This is moved by Commissioner Dawkins, seconded by Commissioner Kennedy. Mr. Dawkins; Commissioner Plummer. Ms, Hirai: Plummer, 168 June 9, 1988 Mr. Dawkins: Moved it, 1 second. Ms. Hirai: Oh, all right. ---------------- 51. RATIFY MANAGER'S FINDING OF SOLE SOURCE - WAIVE COMPETITIVE SEALED BIDS - APPROVE ACQUISITION OF FIXED SITE DIGITAL ASSEMBLIES FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. ------------------------------------------------------------------------------ Mayor Suarez: Seventy-nine. Mr. Plummer: Move it. Mayor Suarez: Sole source, moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. Also needs 4/5ths. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-552 A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE ACQUISITION OF SERVICE FOR THE FIXED SITE DIGITAL ASSEMBLIES AT AN ESTIMATED COST OF $48,000.00 FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. (MIDWEST HIGH- TECH CENTER) PART OF THE 800 MHZ COMMUNICATIONS SYSTEM MANUFACTURED BY MOTOROLA COMMUNICATIONS & ELECTRONICS, INC. OR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/COMMUNICATION SERVICES DIVISION; ALLOCATING FUNDS THEREFOR FROM THE 1987-88 OPERATING BUDGET ACCOUNT CODE NO. 420301-340-56000; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, 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 Dawkins, the resolution was passed 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 NOTE FOR THE RECORD: ALTHOUGH ABSENT DURING ROLL CALL, COMMISSIONER DE YURRE REQUESTED OF THE CLERK TO SHOW HIM VOTING WITH THE MOTION. 169 June 9, 1988 52. INCREASE IN CONTRACT WITH MARINA POWER COMPANY FOR ELECTRIC METERS AT DINNER KEY MARINA, Mayor Suarez: Eighty-one. Mr. Dawkins: Eighty-one or 80? Mr. Odio: We're withdrawing 80, we're withdrawing 80,..... Mayor Suarez: Eighty's withdrawn according to this. Mr. Dawkins: Eighty was withdrawn? Eighty-one, move it. Mayor Suarez: Eighty -ones been moved. Emergency. Do you have to put the nature of the emergency into the record? Mrs. Kennedy: The funds... Mayor Suarez: I'm sorry, Madam Vice Mayor. Mrs. Kennedy: OK, I was asking, the funds do exist, right and they will be... Mr. Plummer: Eighty-one has been withdrawn? Mr. Fernandez (OFF MIKE): Eighty, eighty has been withdrawn. Mr. Odio: Let me put on the re... Mrs. Kennedy: Mr. Manager, the funds are to be recouped within 18 months. Mr. Odio: Yes. Let me put on the record that nature of the emergency that valid emergency is due to the fact that a delay to the installation will result in an additional increase of $20,000 for labor and materials to the detriment of the City's welfare and convenience. Mayor Suarez: Item 81, do we have a motion and a second? Mrs. Kennedy: Yes, we do. Ms. Hirai: Yes, sir. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-553 A RESOLUTION AUTHORIZING AN INCREASE IN THE AMOUNT OF $150,000 IN THE CONTRACT BETWEEN THE CITY OF MIAMI AND MARINA POWER COMPANY DATED MARCH 17, 1988, FOR THE INSTALLATION OF 399 CERTIFIED ENERGY CONCEPT ELECTRIC METERS AT THE DINNER KEY MARINA, WITH FUNDS THEREFOR TO BE TEMPORARILY PROVIDED FROM FUNDS ALREADY APPROPRIATED TO THE DINNER KEY MARINA RENOVATION/EXPANSION PROJECT, NO. 414005, TO BE REPLACED IN THE SAME AMOUNT WITH MONIES FROM DINNER KEY MARINA ENTERPRISE FUND RETAINED EARNINGS; FURTHER RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S WRITTEN FINDING THAT THE HEREIN INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF FOUR/FIFTHS OF THE MEMBERS OF THE CITY COMMISSION, AND ADOPTING THE FINDINGS AND CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS RESOLUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 170 June 9, 1988 Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner 1. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre NOTE FOR THE RECORD: ALTHOUGH ABSENT DURING ROLL CALL, COMMISSIONER DE YURRE REQUESTED OF THE CLERK TO SHOW HIM VOTING WITH THE MOTION. 53, WAIVE CODE PROHIBITION AS IT APPLIES TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY AGREEMENT WITH HOLLAND AND KNIGHT TO RETAIN CHRISTOPHER KORGE. Mayor Suarez: Item, Chris Korge, 82. Mr. Plummer: Move it. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Mr. Dawkins: Under discussion. Mayor Suarez: Under discussion, Commissioner Dawkins. Mr. Dawkins: I have no problems with the .waiver, period. I want that understood. What I do have a problem with is, that every time you look around, somebody leaves the law department and goes some place else and it's never a minority, OK? When Sechen left, he was the only one who knew about the sports authority so we said that would not happen again. Then Chris Korge came and I distinctly asked that Linda Kelly be assigned to work with Chris Korge so that when Chris Korge got ready to leave, Linda Kelly would be an expert in the sports authority. That has not happened, OK. Somewhere along the lines, somebody has to realize that there must be some cross work or cross training or cross something because I am fed up with everybody leaving here with consultant jobs but us, OK? I mean and you can name it. They retire with $80,000 and they get a consultancy for $60,000 and not a one of them look like me. They don't look like you either. Mayor Suarez: Thank God, there's no two in the world that look like him. Mr. Dawkins: So I want to... Mr. Plummer: They can't find attorneys that ugly. Mr. Dawkins: So I'd like to say that - the waiver's fine. Anybody in America should be able to leave a job to go to a better job. Anybody should be able to do that. But somewhere along the line, I'm tired of sitting up here seeing everybody leave here and it doesn't happen, OK? Now, let's take that a step further. Where is the arena people, OK? I told you I've been sitting here, the arena could not find enough Latins to meet the Latin quota on the construction of the arena. They could not find enough blacks to meet the construction quota on the arena and yet the whites got their quota and now you got $144,000 contract that could have been given to a black law firm, a Latin law firm.... Mr. Plummer: No, no, no, no, that... Mr. Dawkins; but yet, you give it to Holland and Knight which is not a minority firm. 171 June 9, 1988 Mr, Plumttert Noy that's h6t true ricws Mr, bawkinst That is true, Mr. Plumer! too, 6Xtuse me, let,. Mr. Dawkinst It is true! Mr. Plummert Let me correct the record, Mr. Dawkins, it it riot $144,000, Mr. Dawkinst OR. Mr. Plummer: You made the mistake, as others did, and read a newspaper article: That is yet to be determined. Mayor Suarez: But the mistake really was not made by Commissioner Dawkins, the mistake was made by those that started talking about $144,000 a year. Mr. Dawkins: And put it in the paper. Mr. Plummer: That $144,000 was the number which was derived as to what it costs the City Attorney's office last year to provide the same service. Mayor Suarez: Not really, it was 12 times 12 is what it was, they were going up to $12,000 a month. Mr. Plummer: I was told, Mr. Mayor, that it was, in fact, the staff, the cost, the fees, everything is what the hundred and forty-four. Mr. Dawkins: All right, I will rephrase it so that I will not get into a semantics discussion with my colleague, if he left for $12.50, the fact is that not a one of us left here for $12.50.That's my problem, that's my point. Mr. Plummer: I understand. Mayor Suarez: And if your point is a caution to the Sports and Exhibition Authority or who. ever it is that makes that decision as to not awarding $144,000 worth of business to any one law firm, particularly not a law firm that has not shown us minority participation, then I join you in that caution ` because I hope that message gets to them. Mr. Dawkins: That's my whole argument, Mr. Mayor. OK? And I don't how to get it over and I keep saying it over and over and nobody seems to hear me. Mayor Suarez: And the other point that you had made that I think is important, I hope it gets to them is that the people in house who are being trained to handle a lot of this work, I hope are also considered, Mr. City Attorney, an empire builder, you may want to consider yourself in trying to do some... Mr. Fernandez: Yes, a point well made and well taken. Mayor Suarez: OR. Mr. Dawkins: Thank you. Mayor Suarez: I say that in a... Mr. Dawkins: No further discussion. Mayor Suarez: .. humorous vein but, you know, you ought to really look at some of these things. We've been talking in the past about trying to do more of these in house and if Linda Kelly, in fact, has been trained to do this work, well; we ought to try to do as much in house as possible. Item... Mr. De Yurre; Mr. Mayor, I'll move the item. Mayor Suarez: I'm sorry, Commissioner. Mr. De Yurre; I'll move it. 172 June 9, 1988 Mr, bAwk1hb (OFF MIKE): It's boob moved. Mayor Suarez: Moved, Ms, Hirai: It's been rn6ved, it's bees roved, Mr, Dawkins: ... under discussion. Mayor Suarez: yes, just call the roil on it, Ms, Hirai: Cali the roll. Mr. Dawkina: Call the roll. Mr. Fernandez: Excuse me, but this is a vote that requires 4/5ths of the members of the... Mayor Suarez: We've got four up here: Mr. Dawkins (OFF MIKE): We got four. Mayor Suarez: We got four. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-554 A RESOLUTION WAIVING, BY A 4/5THS VOTE OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION CONTAINED IN CITY CODE SECTION 2-302 AS IT APPLIES TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY AGREEMENT WITH HOLLAND AND KNIGHT FOR THE PURPOSE OF RETAINING CHRISTOPHER G. KORGE AS GENERAL COUNSEL FOR SAID AUTHORITY. (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 Vice Mayor Rosario Kennedy -Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. COMMENTS MADE DURING ROLL CALL: Mayor Suarez: Maybe I'll vote no and naw, I'm not going to do that. Yes. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: As to the waiver again to clarify, not as to sanctioning anything they might do with their legal representation. Mr. Fernandez: That's correct. That's clear. 173 June 9, 1988 54. STIPULATION BY CITY COMMISSION THAT PROPERTIES SOUTH OF THE EXPRESSWAY BE EXCLUDED FROM PRESENTLY INSTITUTED BOUNDARIES OF THE DESIGN DISTRICT IN CONNECTION WITH PROPOSED LEVYING OF A SPECIAL ASSESSMENT. Mayor Suarez: Eighty-three. All right, item eighty-three. Miami Design District. Where are we on this? After extensive discussion last time, is the only issue pending now whether the entire area's included? 1 can't imagine any Commissioner wanting to hear once again the basic arguments. Mr. Matthew Schwartz: The purpose of this meeting... Mrs. Kennedy: This is approving the special assessment district. Mr. Schwartz: ... is to take testimony from the property owners concerning the district. As a result of the last Commission meeting, we met with the Beacon Council to see if we could get assistance from the Beacon Council. They do not provide any priority consideration for this. They take each of the twenty six SIC categories... Mayor Suarez: Oh, have we heard that or have we not heard that in the past, WOW. Mr. Schwartz: They would assist in some of the marketing efforts. We had a meeting with the property owners, we invited all the property owners. Those in attendance expressed - the majority of them were against the establishment of the district. Their major concern was that the property today is over assessed in the area based on assessments that were generated on sales in the area four or five years ago when the market was much better. That's a major concern of the property owners. We also looked at the area south of the expressway to see if that area should be included within the district. That area is now 75 percent vacant, that's the area from I-195 to 36th Street. It represents approximately 11 percent of the tax base of the area. Mayor Suarez: Matthew, just to clarify, when you say 75 percent vacant, you don't mean that there's just empty properties there, you mean that... Mr. Schwartz: Empty buildings. Mayor Suarez: You mean that... Mr. Schwartz: Empty buildings. Mr. Plummer: Empty buildings, the commercial property. Mayor Suarez: You mean that there's some of the properties don't have tenants. Mr. Schwartz: Yes, the commercial property is 75 percent vacant in this area today. This area expanded in the late 701s, early 80's as part of the design district and as the design district retreated, that area... Mr. Plummer: And of the 25 percent that's occupied, how much is at poverty level? Mr. Schwartz: The majority are related to the design district. Mr. Plummer: But at the 25 percent, didn't we have a guy stand up here and tell us the other day he's getting like $4.00 a square foot or $3.00? Mayor Suarez: Do you have any idea what the rates are that are being charged in that other 25 percent that are actually rented? Mr. Schwartz: I don't have those figures. Mayor Suarez: OK, Mr, Schwartz: In the material that we provided you, we are recommending that we establish the district to generate the $200,000. That this would result in 174 June 9, 1988 1 an 11 percent increase in taxes for the property owners. In the original thing we sent out to you, it's a mistake, it says 7.8 percent. It's a 3.6 percent mill increase which would result in 11 percent for each of the property owners, There are some major property owners in the district that would be impacted significantly; Mr. Fineman, I believe is approximately $40#000, Charles LaLuce is about $10,000 and Mr. Plummer, which are the three main property owners, Mr. Plummer is about $12,000. The other property owners, they range from $154 to a few thousand dollars. Mayor Suarez: Those three are all in favor or not? UNIDENTIFIED SPEAKER (OFF MIKE): No. Mr. Schwartz: No. We have diverse... Mayor Suarez: Mr. Fineman is not in favor? UNIDENTIFIED SPEAKER (OFF MIKE)! No against it.... Mayor Suarez: Can you confirm that, Mr. Fineman? You against the district? Mr. Art Fineman: Art Fineman, 39th St. and N.E. 2nd Avenue. I'm in favor of reducing taxes. Is that what you asked me for? Mayor Suarez: Yes, if you're in favor of the special taxing district, Mr. Fineman: No, sir, I want to reduce the taxes. Mayor Suarez: Ah ha. Gee, I thought the whole idea is that the design district was behind it. If Mr. Fineman is not behind it, who... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: First of all, with all due respect, no one has really called on you. Mrs. Kennedy: What are you doing here? Mayor Suarez: If you want to go up to the mike, get up the mike and give us your name. And second of all, I was just asking as to Mr. Fineman, if anybody knows. Matthew, of the three principal ones that you just mentioned... Mr. Schwartz: Of the three principal property owners, two of them are opposed, Mr. Plummer and Mr. Fineman. Mayor Suarez: Who's in favor of the three principal ones, who's the one in favor? Mr. Schwartz: Mr. LaLuce. Mayor Suarez: Oh, Charles LaLuce, he was one of the proponents of the whole idea, of course. Mr. Schwartz: That's right and the proposal was - the recommendation to proceed with this has been through the Merchants Association which is comprised of the merchants and the property owners as a mixture. Mayor Suarez: Please, if you're going to make a remark, we're going to need it on the record and not out of turn. OK.. Mr, Fineman; Could I... Mayor Suarez: thank you, Mr. Fineman, I understand your position, Mr. Fineman: Can I say,.. Mayor Suarez: I thought that you were part of the idea and that's why I was surprised. Mr, Fineman: Can I say something? Mayor Suarez: We've got your position clarified but go ahead, sure. 175 June 9, 1988 Mr, Fineman: From 1976 to 1988, taxes have increased 100 percent in our district. Our three buildings compromising approximately 200,000 feet; 80 Percent is vacant today and has been for some while. Rents have gone down almost 50 percent. You can inspect our books, you can inspect our buildings, look at what's available that you need to know. Security police have gone up, insurance has gone up, maintenance has gone up. I do not see improvements in design center for sometime to come. 1 hope it does come back but 1 don't see it for the present. Thank you very much. Mayor Suarez: Thank you for your statement. Anything else, Matthew from you? Mr. Schwartz: From the department of development standpoint, this seems to be the only source of funds that we could tap on to provide some assistance to marketing the area. That's the main issue. Mr. Plummer: So what are you recommending? Mr. Schwartz: The staff recommends that we implement the district. Mr. Plummer: All the way to 36th Street? Mr. Schwartz: Yes. Mr. Plummer: You lost my vote. Mayor Suarez: OK. You and then you, sir. Go ahead, make it quickly. We've heard testimony on this already so if you can make it quick please. UNIDENTIFIED SPEAKER: Make it quick. Mr. Gene Prince: The plan that you see in front of you here. Mayor Suarez: State name and if you represent the association, tell us, please. Mr. Prince: Gene Prince, property owner over on 36th Street and at the last minute, we found out that this was going to go forward. We were at the work shop where unanimously every owner there present at that workshop was opposed to it. Even Mr. LaLuce said that if the City didn't match funds, he was against it, so... Mayor Suarez: I see, so one of the principal proponents is saying that the only way he would still be in favor would be if we matched it. Mr. Prince: That's what he said that night, I don't know what he'll say today. On this plan, these people were contacted... Mr. Plummer (OFF MIKE): Where did that come from? I never heard that the City was going to match it. Mr. Prince: ... everything you see in solid red were property owners and 100 percent of the people contacted with one exception, well, he was undecided, are all those that you see in solid red that are opposed. The ones that are colored in, just with hash marks, are people that saw this out in the lobby and came over and wanted their property put on it with the rest of the owners that are opposed. Everything in red, lines and solid, were people that are opposed to it. Mr. LaLuce's property is in yellow up in the corner, right hand corner, because we don't know what his position will be today from the last workshop. There are several property owners here that have different points to bring up. Do you want to take it from here? Mr. Gui Goveart: Mr. Mayor, member of the Commission, Gui Goveart, owner of 4100 N. Miami Avenue. I know the point is well made by just looking at the map as to who is opposed and not all of those came. We patiently wait since 2:00 o'clock to have most of them talking but the point have been made I believe. The question is, is that the proposal tax district is for promotion. We would need promotion if we had our house in order. If one would just take his car coming from I-95 and I take it every morning, and follow the guide sign as to how to get into the district and go through the graffiti area in the back to be guided back into the district, one that is discouraged to begin with. When I bought this building, my idea was to open a Belgian Center as 176 June 9, 1988 consul of Belgium. I did that, they're all gone. We have bullets in my building that were happened daylight. We have cars stolen, we don't have security coming into the area and it's very depressing and the problem of the area is not a promotion at this point that would not help, it is the infrastructure. It is the renewal of the area in the back of surrounding the district where, hopefully, the effort of Miss Kennedy could continue there in removing some of the crack houses and the effort maybe with Commission Dawkins to improve a affordable area for many of the low income people there with security. With security you could have a good area and promotion today, I'm afraid, will not help anything. Thank you. Mayor Suarez: Thank you, sir. Mr. Don Spencer: Don Spencer, 3616 through 20 N.E. 2nd Avenue. Mr. Mayor and Commissioners... Mayor Suarez: You're south of the expressway? Mr. Spencer: South of the expressway. I was the one that appeared before you and told you about renting for $3.75 a square foot. The funny thing about that is one of my tenants that rent for $3.75 a square foot can't even make his rent. He met me out here in the lobby and gave me a partial payment for this month. Mr. Plummer, you were very astute in one thing that you said early today. If you don't have the money, you don't spend it. It appears to us, the majority of property owners in the Miami design area, that if you vote in this Miami design special assessment tax, that you gentlemen, ladies, are guilty of the worst kind of politics. It appears to us that you've made bedfellows with the Miami Design Merchants Association and through the lobbying of this, without a doubt special interest group, are attempting to tax the majority of the property owners in this area in order that the Design Merchants Association can advertise, promote, have security, have an office and staff to the tune of $180,000 which they told us in the workshop of April 26th and they also told us their computer was down, they need a computer. And all this to benefit their own immediate businesses, not the majority of the property owners. This is also predicated upon matching funds from the City. I personally, my wife, have been in business in this area since 1954. Whenever I had to advertise my services or my rental space, I did this at my own expense. Never once did I think of coming to you people and saying, hey, I would like to improve my business, I would like some more security for my business, I would like a computer. What do you say you tax my neighbors for it. People that live off other people are called parasites. Animals that live off other animals are called parasites. The apparent collusive action between the Commission and Miami Design Merchants Association must cease. The many millions you have taken from the property owners in the design area since the late 70's should be by far enough to support an office using general funds if the City of Miami so desires to support the Design Merchants Association. We don't. We, the people, the majority of property owners in the design area, do not desire or want it. The same special assessment was attempted two years ago and dropped as the majority of the property owners did not want it then either. Business areas rise, business areas fall. The Miami Design Center is no longer a crown jewel in the crown of Miami. It's a zircon and not a good one. The area is now changing, gentlemen, let it change. Let it rise or fall at the behest... Mayor Suarez: Ladies, ladies and gentlemen. Mr. Spencer: Ladies and gentlemen, pardon me. She left us. Mayor Suarez: She's hearing. Mr. Spencer: Those that want to advertise their own businesses at their own expense and their own products at their own expense, let them do so. The area will survive or it won't survive. Those that don't, will fail. A fact of life. However, to tax those that cannot afford it and who will not benefit at all in order to promote, advertise and protect the affluent with their superstructures and their high priced tenants who pay up to $24.00 a square foot, is a travesty. I'm almost done, your honor. Mayor Suarez: I was hoping you'd say that. Mr. Spencer: Yes, well. For approximately - well, we are ready for three seventy-five and I brought up the amount of $24.00. 177 June 9, 1988 Mayor Suatett We've heard rnd§t of the afguffients,,: Mt. Spencett OK, Mayor Suarez: .:. more than once, to please, wrap up. Mr. Spencert Ott, I asked you to do... I'm at the very end. Mayor Suarezt We know what you're asking. Mr. Spencers I ask you these three things. One, that you do not approve this special assessment tax requested by the special interest group known as the Miami Design Merchants Center. Two, that you restructure the ad valorem taxes in this area much more realistically and see that the public tax rolls truly show properties that are sold for less than the assessed value which they do not now reflect. Mr. Plummer: It's not in our purview. Mr. Spencer: All right, and, three, that you remove all properties between the expressway and N.E. 36th Street from Miami Avenue to N.E. 2nd Avenue from the design district and the design district tax rolls. Mayor Suarez: We figured that that's what you want us to do. Mr. Dawkins: Question, sir. Turn back to your first page, you said that we would be in bed with the design district. Would you read that for me again so that I don't quote you wrong. Mr. Spencer: I said, it appears that you have made bedfellows with the Miami Design Merchants Association. Mr. Dawkins: OK, now if I agree with you, then does that mean that I've made strange bedfellow with you too? I mean, according to your reasoning. Mr. Spencer: No, I am saying... what I'm inferring.to is this. This,all.came to the fore without the majority of the taxpayers in the area knowing about it. We were hit with this at prior to the first meeting. Mayor Suarez: But you're participating in it now before we approve anything. Mr. Spencer:. Yes, but why weren't we considered at the inception? Mr. Dawkins All I ask you, sir, is, if I agree with you, does that mean that you and I are made strange bedfellows? Mr. Spencer: I don't consider that, I... Mr. Dawkins: All right, then well why would you say if I agree with them, that I've made a strange bedfellow with them, sir? Mr. Spencer: I said it appears because... Mr. Dawkins: OK. Mr. Spencer: ... the rest of the property owners... Mr. Dawkins: OK. Mr. Spencer: did, not know about this until it was almost sealed. In fact, if you recall, at my previous statements ,to you, I even used that term prior. I said it seems like the skids are greased. Mr, Dawkins; Thank you. Mr. Spencer: Thank you. Mayor Suarez; That usually hurts your argument is the point the Commissioners making. You know, when you come in and say.., Mrs. Kennedy; Yes, it's a very offensive term, 178 June 9, 1988 Mr. Spencer: Than I apologize. Mayor Suarez: We accept the apology, I suppose. Ma'am. Ms. Marcela Goldstein: My name is Marcela Goldstein. I'm vice president of the Miami Design District Association and I'm going to make two line speech and erase the rest of my speech. I also represent Charles LaLuce and he's definitely, 100 percent, in favor of the special tax district. So, you know where he stands now. I would just like to say that I resent being referred to as a zircon, I always thought I was a diamond. I've been in Miami... Mayor Suarez: Let the record reflect the Commission believes you're a diamond. Go ahead. Ms. Goldstein: I've been in Miami eight years, my first showroom was 900 square feet, we have over 5,000 square feet. I don't really feel like I'm dying, I feel like I'm flourishing and I know that I'm flourishing and I feel that the problem here is the major problem, it's what everybody seems to think of the district, not what is really happening in the district. We have over a thousand jobs in the district. We support, maybe, three thousand people in other industries in the district. We turn over revenues of over $300,000,000 a year. I don't think that's a zircon, I think it's a thriving business and I think it's very important to Miami and that it stays in Miami and we in the district, I am not a property owner, I'm a merchant, but I have been paying security dues for years to protect your property and where are you property owners when it came time to put in the extra security that the district needs that gave a bad name to the district and the bad name is crime flourishes in Miami, even though it isn't true, it's just that we are victims of very bad publicity and this is something we are trying very hard to overcome. Thank you very much. Mr. Plummer: It's the longest two lines I ever heard. Mayor Suarez: Anybody, but quickly, please. Mr. Donald Southern: Thank you, Mr. Mayor, I will be brief as possible. My name is Donald Southern, I'm executive vice president of the South Florida Letter Carriers Union. I live in the City of Miami, I'm a property owner in the City of Miami. Our South Florida letter carriers represents over 5,700 City letter carriers, the majority of them carrying mail in the City of Miami. Our Tropical Holding Corporation owns the Buena Vista post office building. The address of that building is 70 N.E. 39th Street, we've been there over 30 years. We're a non profit organization. We provide representation... Mr. Dawkins: I beg to differ, you get 25 cents a stamp. Mr. Southern: The letter carriers union does not derive any revenues from the postal service funds. We do derive revenue from the rents we receive from the post office who are our tenants. However, our building is used solely for the administration of our union as a meeting hall. We must oppose this special assessment recommended for property owners and we do so for many obvious reasons. First let me say that our union currently pays $30,000 per year in taxes on our building. We have one tenant, that's the postal service and their rental payments fall far short of paying even the taxes, let alone any repairs or improvements. Our union absorbs the balance. Any additional tax or assessment must be strongly opposed by our membership. While we strongly support our community and our neighboring property owners, we can see no legitimate reason for this special assessment. To ask a nonprofit organization to pay a special assessment for the funding of business development and marketing for the Miami design district is ludicrous. There's no benefit to our organization to be derived from the assessment and as far as we can see, there's no allowance for exempting property owners in our particular situation. We strongly oppose the enforcement of the special assessment that will do nothing more than enhance the profits of the private businesses in the area, at other taxpayers' expense. We ask that the Commission rescind the proposal entirely. Thank you, Mr. Mayor. (Applause) Mr. Joe Pallant: Very nicely said. 179 June 9, 1988 Mr. Plummert Go. Mr. Joe Pallant: Yes. My name is Joe Pallant. I have a business on 4000 N.E. 2nd Avenue: I've been in the district 19 years. I own six buildings in the area. They're not those in yellow but they didn't happen to put mine in. The Miami Design District has petitioned to you to help the design district. The watchword that I want you to remember is proud. We are proud to promote the area. We are proud to promote the district. I am an insurance agent and a property owner and I am proud to work in the area. I am proud to promote the organization of the Miami Design District. We are hard working, we are longsighted and we are progressive in our thoughts. I am proud, as a property owner, to promote the design association and its functions. I'm also proud to promote the Miami Design District. It is not called the district, it is not called the design district, it's called the Miami Design District and we help promote it, not only for ourselves and insurance agents, but the whole area. We have a recognition in the City and we want to continue to promote that. I am proud to state that our area is safer than it has been in a long time due to private associations, our association helping to get our own funding for our own private security. Let me tell you our needs. Our needs are money, our needs are money for public awareness. One of those ways of getting public awareness is a special taxing district. We need money to promote the district, we need money to promote our organization, we need money to promote the Miami Design District and Miami. We need money to promote safety. What I want the City Commissioners and merchants to understand that we have to be visionary, we have to look to the future, good times are coming, we can't now say because our rents are lower to give up the association. We have to collectively promote the district and the best way to do it is through this assessment of myself and other property owners. None of the people that have spoken before me are members of the association. They have not promoted the association, yet they make at the residuals of our association and our work. I am a member of the association, I'm a landowner, I am a business owner. Support the Miami association, do not let it die, please. Mrs. Kennedy: You know, you answered one of the questions I had, was how do the ancillary businesses benefit from this? You are in the insurance business and, obviously, benefit from it. Mr. Pallant: I think that myself, it's a pretty place to work. Very few places in the area, I'm sorry, in all of Miami, if you take a look at many, many areas from Kendall to Coral Gables, you walk down our streets, our streets are beautiful. We have beautiful sidewalks, we have good lighting, it's a great place to work, it's a great place to have your business. I need it to continue. I am a property owner and I have to promote my property and I can't say in 59th Street or something, I'm in the Miami Design District and we are promoting the district. I'm not promoting myself, I promote the district and I don't want my tenants to move somewhere out of Miami. We are the Miami Design District, we have to continue to be a district. Any other questions? Thank you. (Applause) Mayor Suarez: OK, briefly, please. UNIDENTIFIED SPEAKER: Oh, no, you were first. You go ahead. Mayor Suarez: The arguments are getting to be cumulative, it doesn't matter to us who goes, go ahead. Mr. Richard Plumer: I'm Richard Plumer, am I clear? Mayor Suarez: Yes, yes. Mr. Plummer: Not related. Mr. Richard Plumer: No, that's right. Two m's, one m. Mayor Suarez: Good side of the family, all right, go ahead. Mr. Richard Plumer; We have been, you know, in the area for 63 years, since 1925. We've seen the ups and the downs. I'm only reacting to some of the things that have been said, I really am sorry that any aspersion, intended or otherwise, was cast in the direction of the Commission. I'm sorry for that, I 180 June 9, 1988 apologize. I didn't do it and I know the chap who did didn't mean it really. 1 do think the Commission, over a period of time, and I've probably contributed to it some way, has been misled. I must say that the figures that you heard today, $300,000,000, three thousand employees, and my Lord, you know, we're dealing in a world of fantasy when we talk like that. Miami's Design District is not a market in the sense that Chicago, New York, Dallas, Los Angeles, or even San Francisco is. I can only say that I'm terribly proud of where we work, it's a great part of Miami. The security question is, of course, a serious one but isn't it that way everywhere, not only in Miami, the City of, but in Dade County. But our property has always been beautiful, we have five different buildings, we landscape them, we paint them, we're proud of them and we'll be there no matter what happens. I have to urge you - now, I've tried to believe in the Miami Design Merchants Association. We are members of it. We pay dues to it and have never failed to pay those dues over all the years of its existence. But it is wrongly directed. The design district, and I think this is where you have been misled, has some how thought that in appealing to the design profession, the decorators and designers of which we are one, you see, that they would somehow make a magical huge volume of business and a lovely tax roll and the whole thing. That has failed and the management, so called, that has been given the program of promotion and marketing is a failure and should not be spent any further money on, neither the City's money nor our money. I propose, I've said it many times, instead of all this phoney business about is it a wholesale district or to the trade only district with only 5,000 possible users, and the public confused as to whether it may come to it or not. Our store traffic, I might tell you, has fallen probably 80 percent... Mayor Suarez: Are you going to wrap up, Mr. Plumer, please. Mr. Richard Plumer: Yes, sir. Eighty percent in 35 years of the existence of this district. I simply strongly urge you to discontinue this whole thing of City money. We will handle our own problems, we'll form such organization as are necessary, provide the funds and do something that will bring the area to where you want it to be. Thank you. Mayor Suarez: Thank you, sir. Last one. Madam Vice Mayor. Mrs. Kennedy: Let me just make a comment following his comments. The figures that you refer to which Marcela used are even better than that, there's over $56,000,000 in assessable property value which contributes $542,000 yearly to our tax base and it's not $300,000. Mr. Richard Plumer: Your appraisals are way out of date. We are overtaxed by at least, well I... Mayor Suarez: She's not talking about whether they're right or wrong, that's just what the figures happen to be. Mrs. Kennedy: I'm just saying the figures. Mr. Richard Plumer: I think you're mistaken. Mr. Hy Katz: Mr. Mayor, Commissioners, I know you're all tired. I can see it's been a long day, it's been a long day for us too. We left our places of business to be here and I have a four minute comment to say. Would you please hear me out? Isn't it amazing how, for the first time, we see organization amongst property owners. They're here and they're organized because it's going to cost them some money. Mayor Suarez: They're really organized on both sides of the issue, but... Mr. Katz: Sir, I'm a property owner and I'm a merchant. My name is Hy Katz and I'm the owner of Sofas and Chairs Unlimited. I operate a design showroom in the district... Mayor Suarez: What's the address so that we have some place to... Mr. Katz: Thirty-five N.E. 38th Street, Miami. I also have a factory and general offices on 27th Street that borders the district where I have close to a hundred employees and I've been in the design area since 1957, that's 31 years. There are three kinds of people that are here, Mr. Mayor. The first kind are the people that make things happen and the second kind, that watch 181 June 9, 1988 ■ things happen and the third kind are the ones that wondering what is happening. The first kind that makes things happen are always the handful, like the City Council, the Beacon Council, the Chamber of Commerce, they're the people that make things happen. Mr. Plummer: Hal Mr. Katz: They're the doers. The second group... Mr. Plummer: Did you say the Chamber of Commerce? Mr. Katz: Yes I did. The Miami Chamber of Commerce. Mr. Plummer: They make things happen? Mr. Katz: Yes they do, sir. Mr. Plummer: You're willing to list those. Mr. Katz: You don't read the Miami Herald. Mr. Plummer: I don't read a damn thing in it. No, I don't. (Applause) Mr. Plummer: And if you believe it, you can sit down now, because I don't believe you. Mr. Katz: Mr. Plummer, I woke you up, I accomplished something. (Laughter and applause) Mr. Plummer: Sir, I was not asleep, I heard all three of your proposals. Mr. Katz: Now that you're awake, the second group of people, are the watchers. Mr. Plummer (OFF MIKE): Woke me up. Mr. Katz: They remind me of a jury that after long deliberation, came back and in their conclusion said, we decided not to mix in and therefore rendered no decision. And the third group are the wonderers. They always watch the parade go by and they say, if only this happened and that happened. So the few of us that are here that are positive property owners, and in my case a merchant as well, are here as doers. We must make it happen because the alternatives are dismal. Now, the City of Miami, as far as I'm concerned has been wonderful to the design district. These property owners seem to resent the very help that you've given us. You've given us beautiful streets and landscaping and lighting and they seem to resent what you've done for these property owners. Now, I'm your number one cheerleader and these people are against this proposition and they're well intentioned people, because to be for this is to make a decision and decision means they have to reach in their pocket and pay. They wouldn't be here if this was free and we all know that nothing good is free. So, Mr. Mayor, I'm at the end of my speech, I ask you and your fellow Commissioners, help us, don't let us down. Make us tax ourselves and prescribe this medicine so that we can get better. The district is geographically in the heart of Miami. I want you to know that I became, Mr. Plummer, a member of the Miami Chamber of Commerce just recently and I joined the Omni Venetia Committee. You know why? I don't live in Omni Venetia but I'm concerned that Omni Venetia has got to go. It's got to be great and they, in turn, their health is determined by downtown Miami because we're all in this together. Just a minute, sir. Mayor Suarez; OK, that's getting outside of the design district so if you can wrap up please. Mr. Katz: I'm wrapped. We're all in this together and we can provide the miracle of Miami's rebirth and then, perhaps, the press will be positive because they've been negative. So, please, help us so that we can thoroughly enjoy and let's beat them. 182 June 9, 1988 ■ Mayor Suarez: Thank you, Mr. Katz. That was full of imagery, symbolists, reminds me of the Bible. Mr. Plummer (OFF MIKE): Beat the press? Did he say, beat the press? What do the Cubans say, either buy them or beat them? Mr. Bennett Pumo: I'll make it quick, I won't even read this. Mayor Suarez: Mr. Pumo, sir. Mr. Pumo: Right. Bennett Pumo, we have a building at 4030 N. Miami Avenue. I've heard a lot of talk about assessments and how much it's worth and everything. I'd like to let the Commission know just as a point of fact, the building I have was assessed at $303,000 last year. This year it is now assessed at $145,000. That's half the amount that it was last year. So if any indication of the property values in the area that were reflected, I would say that this new reflection should indicate that the area is not quite what it was. Mayor Suarez: And so your taxes went down correspondingly by a factor of two. Mr. Pumo: Yes, yes, sir. The rents... Mayor Suarez: And maybe by having a little bit more taxation, we could do some other things in the area that would bring the values back up. Mr. Pumo: I don't think if the City has a nine point something mill and add 3.8 to it, a 40 percent increase in City taxes is well worth it. The rents don't reflect it, the rents wouldn't support it. Let the City government manage the City, let the property owners manage property. I hear about the crown jewel of Miami, the crown jewel is tarnished, it does not exist any more. In some people's eyes it still does. DCOTA is a fact, DCOTA is real, they have plenty of room to expand. If we go retail in this district which is a proposal, we don't have the parking to support the retail. We don't have the access routes to come in. Every route that comes into the Miami Design District goes through high crime districts. You're not going to afford high clientele to come down. I don't know what else to say. I don't think extra taxes in the area is the answer, I don't think the City promoting my business, I can promote my own business, I'm not ready to pay taxes to promote a tenants business. I'll promote mine, let the businesses promote theirs. Thank you. Mayor Suarez: Thank you. OK, I'll entertain a motion one way or the other on this item. Mr. Plummer (OFF MIKE): You got one more speaker. Mr. Rudy Prince: Can I give 30 to 45 seconds and you can have your motion. Mayor Suarez: Thirty seconds. Mr. Prince: Rudy Prince, property at 91 N.E. 36th Street. We bought into the area many years ago, not because of the design area, simply because of logistics. It's a great area. You can get anywhere from there. Currently, we've got a doctor in our building, a baby doctor; has nothing to do with the design area, could care less. The area's good because of where it's at. We're not in this other business but even if we were, we don't see that the design association is representing our interests. The other property owners are interested in getting together their own organization to do the things that they're interested in which is primarily security and then it's good for any business, whether it's design or anything else. But we are opposed to this taxing district. Mayor Suarez: I gather that. Thank you. Final statement, real quick. Mr. Mike Valera: Yes, sir, I'm Mike Valera from N.E. 41st Street. I'm a property owner there. I have a private residence. I have a low income housing next door to me which I rent. The people cannot afford to pay any more rent. If I get my taxes raised, I'll have to raise their rent and those people will be down here complaining to you. Mayor Suarez: Is there any residential at all in the district in question? 183 June 9, 1988 Mr, Plummer: Well, he just said they were. Mr. Schwartz: On 41st St. there are a number of residential uhits. As far as the recommendation for the district is that they be assessed for land value only. It is zoned for SPI=8 also: Mr: Plummer: Wait a minute. Mayor Suarez: Is that possible under the existing legislation to assess them for land value only? Mr. Schwartz: Yes. Mr. Plummer: Would you please explain to me of what benefit it is to the people who are residential for money of a design district? Mr. Schwartz: The recommendation is based on that all property owners, in marketing the district, would increase land values within the district. Mr. Plummer: No, no, no. No, no, you understood my answer, you didn't understand my question. Of what value is it to a homeowner residential property for the money that is to be expended for the design district? Mr. Schwartz: It will promote the district, by promoting the district it will increase - it's anticipated it would increase land values in the area. The bulk of the property on 41st Street, at the request of the property owners and the Merchants Association, about four years ago was rezoned to SPI-8 to allow for the expansion of the design district to that street. Mayor Suarez: Wouldn't it make more sense to exclude that area altogether? Mr. Schwartz: There are certain properties on that street that are parking lots that are related to the design district but this is at the option of the Commission. Residential could be excluded. Mayor Suarez: No, I mean where a clear residential use... Mr. Plummer: Well, fine, if they're a parking lot, then assess them. If you, you know, as a part of it because it is beneficial. Mayor Suarez: A clear residential use, I would not see making any sense to include that in the district. Mr. Plummer: Well, let me tell you how I feel. If you want me even to consider voting for the design district, I'm telling you as I told you before, you've got to change the boundary. I will not vote to tax the people south of the expressway. Mayor Suarez: OK, why don't you... Mr. Plummer: To me, that is a Chinese wall, I don't care how you look at it, they are just not going to benefit. So that's number one. Mayor Suarez: I would go along with that delimitation, excluding that. Mr. Plummer: I'll, move, at this time, that the property south of the expressway be excluded from this plan. Mrs. Kennedy (OFF MIKE): Second. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: That doesn't mean that we're not going to... Mr. Plummer: We're not finished yet. Mayor Suarez: We're not finished on the rest. Mr. Richard Plumer; - OK, well we have properties in both sides and I think it's ridiculous. I think it's not good. 184 June 9, 1988 i Mayor Suarez: Well, but lets§ take them bile at a time because we agree oh the south side of the expressway. Mr. Plummer: We're trying to do those things we agree on, Richard. Mayor Suarezt Right. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION N0. 88-555 A MOTION STIPULATING THAT ALL PROPERTIES SOUTH OF THE EXPRESSWAY SHOULD BE EXCLUDED FROM THE PRESENTLY INSTITUTED BOUNDARIES OF THE MIAMI DESIGN DISTRICT IN CONNECTION WITH THE PROPOSED LEVYING OF A SPECIAL ASSESSMENT WITHIN SAID DISTRICT. Upon being seconded by Commissioner Kennedy, the motion was passed 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 NOTE FOR THE RECORD: ALTHOUGH ABSENT DURING ROLL CALL, COMMISSIONER DE YURRE REQUESTED OF THE CLERK TO SHOW HIM VOTING WITH THE MOTION. Mr. Plummer: Now, on the other hand, I've got two areas of concern. How do you tax a non profit? I just don't know how you're going to tax a non profit institution such as the post office. Mr. Matthew Schwartz: The post office, it's on the tax roll so it does not have an exemption from Dade County. It is used... Mr. Plummer: But the man is telling you that they're not even getting sufficient rentals to cover their investment. I don't know how the hell you can tax him. Mayor Suarez: Are you talking about the federal... Mr. Plummer: If he's losing money now, what are you doing to do, make him lose more money? Mayor Suarez: Are you talking about the federal post office, is that what you're saying? Mr. Plummer: The federal post office is owned by the postal employees union. They are a non profit organization. Mr. Schwartz: But it's taxable property. Mr. Plummer: Now, you know, I guess you could maybe say if the design district was generated more business, they'd have more postage... Mayor Suarez: They probably would. Mr. Plummer: Well, the second problem that I've got, somewhere, and I don't know where it's come from, that there was a misconception in my mind about the City was going to match these monies. Is there anything on record in which the City Commission has made a commitment? Mr. Schwartz: When this first came before the City Commission, it was requested by the association... 185 June 9, 1988 Mr. Plufifter: Oh; requested is one thing. Mr. Schwartz: The City has never Made a commitment from the beginning, the Manager has indicated that there is no funds available this year.,. Mr. Plummer: OK... Mr. Schwartz: ... and that we have gone out to look for funds to the Beacon Council and other sources. Mr. Plummer: The final question I have, Matthew, is there any breakdown in writing that if the district were passed, how the monies would be spent? Mr. Schwartz: Yes. Mr. Plummer: I'm concerned about one of the persons comments about a computer. I've not seen a breakdown. Mr. Schwartz: OK, in the... Mr. Plummer: First of all, tell me the total amount of money that would be raised excluding the residential property and the post office. Mr. Schwartz: If we excluded the residential and the post office... Mr. Plummer: And south of... Mr. Schwartz: ... and the , we would generate approximately about $160,000 a year, that's a rough estimate. I know without... Mr. Plummer: Now have... does anybody have a budget of how those monies are going to be spent? Mr. Schwartz: We were recommending that an advis... Mr. Plummer: No, no, no, excuse me. You know, sometimes you all don't listen. Mr. Schwartz: Yes. Mr. Plummer: May I see it please? Mr. Schwartz (OFF MIKE): Based on $200,000. Mr. Plummer: Well, would be proportionately less. Is that correct? Mr. Schwartz: Yes. And we are recommending... Mr. Plummer: Just for my colleagues, if you'd like to know, it's only three items. They show security at $36,000, management at $28,000, I don't know what that management is for, management operation, what is that? Mr. Schwartz: That would be to fund an organization there to promote the Miami Design District. Mr. Plummer: That would go to the association and pay salaries and the likes? Mr. Schwartz: Right. Mr. Plummer: They'd be paying.almost as much as security? Mrs. Kennedy: How much for that, for the second... Mr. Schwartz: The security is based on what they presently pay. I believe... Mr. Plummer: Security is $36,000 for the association is $28,000, a marketing, public awareness campaign at $36,000 and advertising includes real estate promotion at $100,000. Now, that's based on $200,000 total, say it's down a fourth of that. So all of those figures, I assume, would be down a fourth. Mr. Schwartz: We would be recommending that an advisory board be set up composed of the property owners and the merchants in the district to come out 186 June 9, 1988 with the final plan on how the money should be spent so the property owners would obviously have a direct say in where the money went. Vo are not recommending that this be the City contract with the association to provide these services. That is just a preliminary budget based on information that we have based on what the marketing program has been for the district. Mr. Plummer: Thank you. Mayor Suarez: OK, ready for a motion? Mr. Valera: Excuse me, I have one more thing to say. I'd like to let it be known that what their plans are, are to construct a gateway, a gateway into the ghetto, landscaping which will be destroyed the next night, murals which will be destroyed with graffiti the same night and a hundred installed banners which will blow away the first night. All of these things... Mayor Suarez: That's a very pessimistic view of life, but... Mr. Valera: ... very pessimistic. When they start letting all the poor people in the neighborhood, that was the doom of decorators row. It's moved out, these people should face that fact. The City people working for the City, Matthew, should recognize this fact and give it up because we're not going to give it up. I'll come down here with all my neighbors and we'll end this sooner or later. So you might as well quit spinning your wheels. Mayor Suarez: If your properties are exempted as I think we're... Mr. Valera: No, no they're not exempted. Mayor Suarez: If your properties are exempted, which is the direction I think this Commission is going in... Mr. Valera: Then I can go home. Mayor Suarez: Thank you. Mr. Valera: Thank you. Mayor Suarez: Well, that's the direction we're going in, so maybe you ought to just sit down. OK. I'll entertain a motion. No more, we're not going to hear any more so don't even get up. Whether you win or lose, that's it. Mr. Plummer: Mr. Mayor... Mayor Suarez: Yes. Mr. Plummer: ... may I ask for a show of hands of those people in the audience that are in favor of this taxing? That's one, two, three, four, five, six, seven, eight, nine - Ted, you're not up there, are you? UNIDENTIFIED SPEAKER (OFF MIKE): I go there a lot. Mr. Plummer: Yes, but you're not - it's not going to hit your pocketbook. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: How many property owners or merchants who will actually be taxed? Excuse me, excuse me - one, two, three, four, five, six, seven, all right. How many people... Mayor Suarez: Please, please, please, in the chamber, sir, you have not been recognized. Mr, Plummer: Now, we've already excluded from the expressway south so don't you get in there. How many people that are in the district are opposed to the plan? A like amount, roughly. OK, fine, fine. Mayor Suarez: Those can be introduced into the record. I'll take those if you want. For the.., do you want to have those on the record, those petitions? Please take them to the City Clerk, 187 June 9, 1988 0 Mr, Plummer. You see, I guess Mr. - Matthew; let me ask you one other que$tion 6 In that district, I have seen seven hands in favor. How many people are in that district excluding from the expressway south? Mr: Schwartz: I believe there's about a hundred and = well, excluding the expressway, there's probably about 170 businesses. Mr: Plummer: A hundred and seventy and only seven took the time to come down here express that they're positively in favor: Mr. Schwartz: 1 believe that there were more people here before, Mr. Plummer: You're saying no, what does no mean? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummert Seventeen. I'll give you that, OK, which is 10 percent. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummert OK, but I'm saying 10 percent of the people in the district have shown the interest to come down here and express a positive attitude. You know, you have to wonder where are the other 90 percent, except for the ones that are here to oppose it, which is a like amount, 10 percent are here to oppose it. Where are the other 80 percent? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: That's not what he means, he means as to the hearing here today. Mr. Plummer: No, that's not, no, no, no... Mayor Suarez: We've got your chart, we've seen the numbers. Please, please, please. Anything further from the Commission? No motion? One way or the other? You know, it's going to die for lack of interest. No motion means no action. Which means we don't have to see you, Mr. Pumo, for a certain amount of time. Item 84. Mrs. Kennedy: Mr. Mayor. Mayor Suarez: Yes, Madam Vice Mayor. Mrs. Kennedy: While on the subject, I'd like to call on Bill Rios who has a program - and don't leave yet because this applies to all of you, to explain how to apply for a create a safe neighborhood plan and then get money from the legislature. Bill, wherever you are... Mayor Suarez: You want to recognize Mr. Rios? Mrs. Kennedy: Oh, there you are. Tell us what you did in Wynwood, what you're doing. Mr. Bill Rios: OK, there is some recent legislation that an area can designate itself and the Commission has already designated for example in the area of Wynwood, a safe neighborhood improvement district and that neighborhood improvement district can draw funds for certain activities that involve planning and development of an area and provided that a viable plan and the Commission would, of course, act as a board to that plan, draw money from the - or ask for money from the state legislature in terms of improvements and programs that might be available for the district if it was so interested. You would basically have to take that on as an addition. I'd be happy to discuss it with the Commission... Mrs. Kennedy: OK, if anybody wants to pursue it, just call my office and we'll hook you up with Bill. Mr. Rios: OK, Mayor Suarez: Thank you, Bill, Mrs. Kennedy: Thank you. 188 June 9, 1988 55, RESCHEDULE PUBLIC HEARING TO TAKE TESTIMONY REGARDING A UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF DESTINATION RESORT FACILITIES ON CITY=OWNED WATERFRONT LAND ON VIRGINIA KEY (NORRIS CUT FILL, SITE), Mayor Suarez: Item 84. Mr. Odio: Yes, we're asking for... Mayor Suarez: We're just rescheduling a... Mr. Odio: ... rescheduling of the hearing on the Virginia... Mayor Suarez: OK, the UDP for that property, Mrs. Kennedy: Move it. Mayor Suarez: So moved. Do we have a second? Mr. De Yurre (OFF MIKE): Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-556 A RESOLUTION RESCHEDULING A PUBLIC HEARING FROM JUNE 9, 1988, AT 2:30 P.M. TO JULY 14, 1988, AT 2:30 P.M. TO TAKE TESTIMONY REGARDING A UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF DESTINATION RESORT FACILITIES INCLUDING HOTEL, RECREATION, RETAIL AND ENTERTAINMENT USES ON CITY -OWNED WATERFRONT LAND KNOWN AS THE NORRIS CUT FILL SITE, A 70-ACRE TRACT LOCATED AT THE NORTHERNMOST PORTION OF VIRGINIA KEY. (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 Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. NOTE FOR THE RECORD: THERE WAS NO APPEARANCE OF INTERESTED PARTIES IN CONNECTION WITH AGENDA ITEMS 85 AND 86. M 189 June 9, 1988 L rrrrrr��iLC L'LiLrLrri-LLiL.:. t'sCGrrC� LSiGs s -iL C. L,LLi�s rr 56. tkitp COMMENTS BY EAUL ANOELO r REPORTING 614 H19 WOkk IN THE AREA OF NAVAL AFFAIRS, Lr r.Grt-SLrr-�-a�l►r�rrrrrr-rr-rr:rLrrrrr-rr-LrrrLiL Lrrrrr-rrr rr+rr-rr--rwi. C:Srrrrrrr-L Mayor Suarez: Item $7, Paul Angelo. Mr, Plummer (OFF MIKE): Eighty=seven, Mayor Suarez: You're not asking for money, are you Paul? Mr. Odio: No. Mayor Suarez: Thank you; sir. Are you the author of that infamous memo that I sent around to all the rest of the Commission that was totally unintelligible and that no one replied? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer (OFF MIKE): Do you still want me to up for the launching of that boat? When is it, in the end of July? Mayor Suarez: When is the launching of the USS Miami, Paul? Commissioner wants to know. Mr. Paul Angelo: The USS Miami, the newest and best nuclear attack submarine in the U.S. Fleet will be launched on 30 July. Mr. Plummer: And where? Mr. Angelo: Groton, Connecticut. Mr. Plummer: Groton? Mr. Angelo: Maybe it's Groton. Mr. Plummer: How do you spell it? Mr. Angelo: G-R-0-T-0-N. Mr. Plummer: And where would I fly into? Mr. Angelo: Hartford, I believe, is the nearest airport. Mr. Plummer: OK. Mr. Angelo: If you're interested, I have all the information regarding the special VIP rate and telephone rooms. Mr. Plummer: All right, the Mayor has asked me to go and I'm trying to make arrangements. That's on the 30th of July. Mr. Angelo: Yes, sir. Mr. Plummer: OK. Mr. Angelo: Erstwhile. Mr. Plummer: You go to Ecuador, I go to Groton. Mayor Suarez: I don't know if you want to say anything about the importance of that but obviously, you can tell the Commissioner that. Are you going to make a very brief report? Are you going to compress that? Mr. Angelo; I'll speak quickly. I realize everyone wants to go home. Mr. Mayor, Commissioners, good evening. My name is Paul Angelo, I am the naval affairs liaison on the Mayor's staff. Mayor Suarez: Unpaid. Unpaid, unpaid. 190 June 9, 1988 Mr. Angelo: I'm here with several good things to say, it says here. Unpaid, yes. This is a volunteer position. I do it because I like the City, strictly. I've also come before you to briefly speak of how the City is perceived by our local military personnel and the sea going military, both foreign and domestic. Visitors, rather, from the South American, British and European navies are always pleased to visit the United States. They now love Miami like you wouldn't believe. Many have expressed an interest in spending more money at Bayside the next time they come. They've been very impressed with this particular project. They have said again and again that the people of Miami are the most friendly and receptive that they have met throughout all their American stops. Many of the sailors view Miami as the territory from Orlando all the way down to the naval base at Key West so you have a lot of pull. Their respective consulates inform these ships that Miami is the premiere municipality, rather, in Florida, or at least, the east coast. Our own navy, though it makes occasional calls to the Port of Miami and Bicentennial Park, is experiencing a growing love for our City as well. Even though the majority of U.S. Navy ports of call or rather calling ports, are held in Florida at Mayport or Port Everglades, often Port Everglades ships send their crews down to Miami where the good times are. Captains have, however, repeatedly stated to me that - page two - calling on the Port of Miami and the Bicentennial Park has, at times, lacked a lot of local support as compared with the support granted by other great cities. I promised I wouldn't ask for any money. I have distributed an information sheet, however, just a moment ago. This information sheet is from Commander Bernie Haller of the Naval Reserve Center, Miami, about a block away. It just suggests some things that could be done, most of them are very low cost or low cost. In closing, I would like to state that the Marine Council, commercial operations division; the Miami Council of the U.S. Navy League and the Military Affairs Committee of the Greater Miami Chamber of Commerce have been extremely helpful in promoting good will between the sea going services and the City of Miami. I didn't say the Chamber. Mr. Plummer: How much money is the Chamber of Commerce given you? Mr. Angelo: I really can't say. I have no idea. Mr. Plummer: It's none. Mayor Suarez: No, no, no. That - nothing, they haven't given you any money, Paul. Right? Mr. Angelo: No, they've given me nothing. Mr. Plummer: Zero. Mayor Suarez: That's all he was asking. Mr. Plummer: They've given you a pat on the back and says, good boy. Mr. Angelo: Well, they've given us logistical support and they will be supporting us financially... Mr. Plummer: Logistical for what? Mr. Angelo: As far as, let me see... Mr. Plummer: To write this letter? Mr. Angelo: No, sir. They have supported us in the sense that they have put together receptions and participating in putting together receptions. Mayor Suarez: And they have spent some money for the receptions and... Mr. Angelo: Yes, sir, they have. They will also spend a certain amount of money through the subcommittee named the Military Affairs Committee on the Friday the 17th for the reenlistment ceremony which will be held in your office, Mr. Mayor. I'll be sending a memo to the rest of the Commissioners later in the week. Mayor Suarez: We don't have a memo out to the rest of the Commission inviting them yet? That's my staff. My paid staff's fault, not your's. 191 June 9, 1988 Mr, Angelo! yea, sir, Yes, your paid htaff, air: Mayor guaret; Are you wrapping up, Mr. Ahgeio? Mr, Angelo: Yes, sir, f1th Wrapping.,, Mrs, X6ftnedy: ghat do you want from us? Mayor Suarez: Nothing, Mr. Plummer: 'That's Mrs. Kennedy: Just,,, Mr, Plummer- ,. the basis. Mr, Angelo: I'm sorry? Mayor Suarez: I'm not going to let him ask for anything, I guarantee you, Mr. Angelo: No, I'm very low budget. Mayor Suarez: He's been foretold, preordained and warned and everything else not to ask for anything. Mrs. Kennedy: How refreshing! Mr. Angelo: Let me see, just to expound again, at your request, on the USS Miami, the USS Miami is a nuclear submarine. It is named after the City of Miami. It is the third submarine affiliated with our area. We have the USS Florida and the USS Key West. The Miami area needs to really get on the band wagon and promote the good will from the City to this new navy ship. It will be launched in the 30th of July. As of now, it has no authorization to come to Miami in 1989 for its actual commissioning. We are working, we being the marine council, the Miami Council of the U.S. Navy League and the Military Affairs Committee of the Greater Miami Chamber of Commerce, to bring this ship here next year. Erstwhile, unless anyone has any other questions, I'll conclude my soliloquy... Mayor Suarez: No, that is the same ship, the USS Miami, the model for which is found in the hallway outside in the foyer... Mr. Angelo: Yes, sir, it is, if anyone has a chance, it's outside in the hallway. Mayor Suarez: ..: for everyone to observe and it is a nuclear powered sub although we don't think it is nuclear armed, right? Mr. Angelo: No, sir, well... Mayor Suarez: That's OK. You don't have to answer that, you don't have to. answer that. Mr. Angelo: The U.S. Navy policy is that, no, they can neither confirm nor deny, but merely place no comment. Mayor Suarez: Thank you, Mr. Angelo for your report, sir., Mr. Angelo: Thank you, sir. Mrs. Kennedy: Thank you so much. Mr. Angelo: Commissioners Mayor Suarez: The reception for the reenlistment is on the.,. Mr. Angelo: _g Seventeenth of June, from 9;00 o'clock to 9;45 in your office. Mayor Suarez: And all Commissioners are invited, It's going to be a - anyone else, for that matter it's going to be in the terrace outside of my office. 192 June 9, 1988 r Mr, Angelo: ices, air, the food Will be ptbvided by the Greater Math Chafnber of Cof"6rce. Mayor Suarez: Miami Chamber of Commerce are going to pay fof the reception, except for rent, we're hot collecting rent. Mr, Angelo: 'Very big budget occasion, Mayor Suarez: Thank you, Paul. Mr. Angelo: No, sir, Thank you, sir. 57. APPOINTMENTS TO THE COMMISSION ON THE STATUS OF WOMEN (APPOINTED WERE ANITA RAFKY, LUISA M. GARCIA TOLEDO AND CONCHY TRELLES BRETOS). Mayor Suarez: Commission on the Status of Women, request appointments, are they here? Ms. Blanca Galvezt Right here. Mayor Suarez: Oh, I'm sorry. Ms. Galvez: Blanca Galvez, chair of the Commission. I want to thank you for your support and at this particular time request that you fill six vacancies that we have in the Commission. Mayor Suarez: Have we traditionally done it according to each Commissioner or how have we done it? Ms. Galvez: No, in general, we have made a recommendation and anybody that wanted to make a motion has approved so. Mayor Suarez: Oh, you have recommendations for us? Mrs. Kennedy: What are your recommendations? Ms. Galvez: Yes, as a matter of fact, all of you have received some resumes, but I would be more than glad to read the names, it's Elizabeth Gaynor, Conchy Trelles.Bretos, Maria Roche Arbelto, Anita Rafkey, Dr. Linora Gordon and Luisa Garcia Toledo. These are not only community women, but also reflect racial and ethnic composition of the City of Miami. Mrs. Kennedy: I move it. Mayor Suarez: So moved. Second? Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-557 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF MIAMI COMMISSION ON THE STATUS OF WOMEN TO SERVE INDEFINITE TERMS THEREON. (NOTE: Ms. Rafky was nominated by Vice Mayor Kennedy. Ms. Toledo was nominated by Mayor Suarez. Ms. Bretos.was nominated by Commissioner Plummer.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by CommissionerDeYurre, the resolution was passed and adopted by the following vote: 193 June 9, 1988 i 7 4P MS: NOES, ARSENtt Commissioner Victor be Yurre Vice Mayor Rosario k6hhbdy Mayor Xavier L, Suarez None. Commissioner Miller J. Dawkins Commissioner 3, L. Plummer, Jr. Robert Clark, Esq.: Mayor... Mayor Suarez: Yes. Mr. Clark: ... could we have a report from this chairperson as to the members whose absences have made them eligible for removal. Would you make the report on the record? Ms. Galvez: Actually all the members that - the vacancies are people that decided not to continue with the Commission. Mayor Suarez: So you voluntarily have withdrawn their participation or resigned. Ms. Galvez: They resigned from the Commission, the six vacancies. Mayor Suarez: Resigned, that's the word. Mr. Plummer: Eighty-eight. Mr. De Yurre: Mr. Mayor. Mayor Suarez: Commissioner. Mr. De Yurre: On this vote, the thought of naming six people, some of which we know but some of which we don't know, on this effort, I have kind of a, you know, feelings going both ways in the sense that when we name somebody ourselves, we appoint someone, that person relates to us as to what's happening on that board. This way, I have nobody really that I can - that would be reporting to me, telling me what's happening, what they need and things of that nature. What I would like possibly is that we can divide this up and if we're talking about six, at least we can each have one and wherein, we can have somebody that's going to be our liaison as far as letting us know what's happening with the status of women board. Mrs. Kennedy: Do you have any problem with that, Blanca? Ms. Galvez: Well, there are three members that applied to the Commission actually nine months ago and it has taken us this long to get here and... Mayor Suarez (OFF MIKE): That's the thing, can you do it in the next round, when the terms expire? Mr. De Yurre: When is the next term? Mayor Suarez: When are your next terms expiring so that we can start that system of each Commissioner having certain number of appointments from that point forward and go ahead and approve these six? Ms. Galvez: Next March. Mr. De Yurre: Next March. Mayor Suarez: How many expire at that point? Ms. Galvez; Well, actually, there's - the only restriction in terms of, time has to dowith the officers, but there is no restriction for the members so they can stay there forever if they want to. Mayor Suarez; Oh, I see, I see. Mr. De Yurre; So, where are we at? 194 June 9, 1988 Mrs. Kennedy: NOW Many do YOU riled immediately to have a quorum? Ms. Galvez: At least three, Mrs: Kennedy: dell, can we do what:.. Mayor Suarez: I will yield my nomination to your three if that helps, because that still leaves three others for three Commissioners who might want to appoint somebody. Ms. Galvez: OK, then can I mention the names again of the people that have applied a long time ago so we can get them in and then leave three for you... Mayor Suarez: Yes, tell us those three, maybe we can... Ms. Galvez: OK, that will be Conchy Trelles Bretos, Anita Rafky and Luisa Garcia Toledo. Mrs. Kennedy: I nominate Anita Rafky. Mr. De Yurre: OK, I'd just like to reserve one and I'll name them at the next meeting. Mayor Suarez: I'll nominate, either I'll waive mine, or I'll nominate Luisa Garcia Toledo, unless somebody else wants to nominate. Do you want to nominate the third that they need? What's the name of the third one that has not been nominated? Mrs. Kennedy (OFF MIKE): Conchy Bretos. Ms. Galvez: Conchy Trelles Bretos. Mr. Dawkins (OFF MIKE): Say what now, what ,are we doing? Mayor Suarez: The Commission on the Status of Women, they need appointments to be able.to have a quorum. Mr. Plummer (OFF MIKE): No, she's looking for the free ticket. Mayor Suarez: We're going to leave one for you and one for Commission De Yurre, but do you want to nominate the first one she named? Mr. Plummer: Fine. Mayor Suarez: Fine, OK, you get those three in the form of a motion and a second. Call the roll. Ms. Hirai: Excuse me, Mr. Mayor, Mr. Plummer's appointment was who? Mayor Suarez: The first one that she named. The name is awfully.. Ms. Hirai: Elizabeth Gaynor. Ms. Galvez: I said Conchy Trelles Bretos, Anita Rafky, and Luisa Garcia Toledo. Mayor Suarez: And I nominated Luisa. OK, call the roll on those three. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-557.1 THE HEREINABOVE MOTION WAS INCORPORATED AND FORMALIZED IN RESOLUTION 88-557. Upon being seconded by Commissioner De Yurre, the motion was ,passed and adopted by the following vote: 195 June 9, 1988 AYES: Cbftiesioner victor be Yurre Commissioner Miller J. bawkihh Cbffniaa oner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ASSENT: None, Mayor Suarez: Yes, we still have two pending for the two Commissioners and one maybe for the entire Commission as a whole, so if you submit that name to the entire Commission for that one appointment that all of us will appoint, maybe all will agree on that. And at least you have a better shot at your quorum. 58. SUPPORT METRO-DADE COUNTY'S DECISION TO CO -DESIGNATE N.W. 7TH STREET FROM N.W. 57TH AND 12TH AVENUES AS "LUIS SABINES WAY". ------------------------------------------------------------------------------ Mayor Suarez: Item eighty-nine, codesignation of streets already codesignated by the County. Mr. Odio: Yes, Mr. Mayor, if I may, with respect, I haven't received a memo from Dewey Knight, Jr. where they... Mr. Dawkins: What is it? Mayor Suarez: The county has already designated... Mr. Odio: N.W. ,7th Street from N.W. 57th Avenue all the way down to_12th Avenue and they're_ asking that the City Commission join in the dual designation. Mayor Suarez: It's a symbolic thing because if the County does it, I guess we basically have to go along, do we not? Mr. Odior Well, really, I think it would be ideal. I think it's... Mr. Dawkins: I move it. Mayor Suarez: Moved. Thank you. Mrs. Kennedy: Second. Mayor Suarez: Second. Any discussion? Call the roll. The following resolution was introduced by Commissioner. Dawkins, who moved its adoption: RESOLUTION NO. 88-558 A RESOLUTION OF THE MIAMI CITY COMMISSION CO - DESIGNATING NORTHWEST 7TH STREET BETWEEN 57TH AVENUE AND 12TH AVENUE, MIAMI, FLORIDA, AS "LUIS SABINES WAY"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO ALL AFFECTED GOVERNMENT AGENCIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following voter 196 June 9, 1988 AYES, Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummet, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES, None. ABSENT: None. 59. REFER TO CITY MANAGER REQUEST FROM THE VETERANS COUNCIL OF DADE COUNTY, INC. FOR A VETERANS WAR MEMORIAL TO BE BUILT IN BAYFRONT PARK. Mayor Suarez: Item 90, Veterans Council, Harold. Is that you? Mrs. Kennedy: Mr. Spalding. Mayor Suarez: Go ahead, sir, please. We're in a hurry. We've got a lot of items. Mr. Harold Spalding: At the Veterans Day and Memorial Day Ceremonies that were held at the Torch of Friendship and now at the Bicentennial Park, questions were raised by veterans and others at the ceremonies as to why we did not have a permanent flag pole for bringing our flag down to half mast nor did we have a proper war memorial in these parks to receive wreaths. Our organization, the Veterans Council of Dade County, Inc., has been aware of this for a long time since we first started to present patriotic ceremonies in 1981 at the Torch of Friendship. It took the remodeling and reconstruction of Bayfront Park to bring this deficiency to a head. I have pressed for a war memorial for the four wars that we have had in this century to be designed and built in Bayfront Park. We have agreed with the department of development to raise the required funding for this consecrated war memorial. Along these lines, we have formed a veterans advisory committee for a war memorial in Bayfront Park. This veterans advisory committee is made up of honorably discharged veterans, reserve officers and the gold star mothers, all of whom are dedicated to their task ahead. I've left you a statement from the department of development that I received and I was there at this meeting at February 27th, 1986, with the John E. Gilchrist and Juanita Shearer and we had an understanding there that the location would be at Bayfront Park System including from Bayfront Park to Bicentennial Park. The funding, the veterans council of Dade County will be in charge of fund raising to cover all costs. Design; a design competition to be administered by the City and paid for along with all other costs through the fund raising efforts of the veterans council administration through the department of development with assistance as needed from other City departments. The meeting with John E. Gilchrist and Juanita Shearer from the department of development on February 27th, 1986, I have an addendum there of things we covered and agreed on that was not included above. The addendum funding... Mayor Suarez: Harold, I'm sorry to interrupt you... Mr. Spalding: Yes. Mayor Suarez: What are you asking the Commission for? Mr. Spalding: We want the Commission to formally formalize the working agreement with the City of Miami, department of development. Specifically we ask the City Commission to direct the City Attorney to draft a proposed ordinance providing for one, dedication by the City of land in Bayfront Park for the site of the war memorial and two, the creation of a working arrangement between the veterans council of Dade County and the department of development to carry out the design and construction of the war memorial. Mayor Suarez: And the funds to be provided by the veterans council. Mr. Spalding; And then we agreed... 197 June 9, 1988 Q Mr: Dawkihst Mt. Mayor# I'tfi,., Mayor Suarez: Yes, CofnmisSioher, Mr. Spalding: We agreed to,,. Mr. Dawkins: Mr, Mayor.,, Mayor Suarez: Wait, wait# wait, Harold# Commissioner, Mn Dawkins: Mr: Mayor, 1 move that this be sent to the Manager,,. Mrs, Kennedy: Right, I was going to say... Mr. Dawkins: ... and when they get some money and the Manager understand that they got some money to pay for what they're talking about doing, then the Manager come and make us a recommendation, Mayor Suarez: So moved. Mrs. Kennedy: I'll second and let me just say for clarification, there's going to be a design competition to build the new monument. My preference I was telling Juanita Shearer, was the restore the one we already have in Bayfront Park. At this point, she doesn't know whether that's feasible or not but there's $100,000 from the Bayfront Park redevelopment project budget set aside for this so, Mr. Spalding, I think it would be great if you would continue working... Mr. Dawkins: And that $100,000 should stay there until he go find some money. Mr. Plummer: Well, let me... Mr. Dawkins: That.$100,000 should not be given to him to go find money with, that's Miller Dawkins' opinion. Mr. Plummer: Let me offer you some thought. It's going- to be almost impossible from them to raise money if they don't have something of agreement even in principle from this Commission to say, "Hey, you'll give me a dollar based on the fact that the Commission has acted in good f aith," I think we've got to do something or they're not going to be able to raise a dime. Mr. Odio: If I may, can I have staff work with them and bring something back more, you know, with more defined. Mr. Plummer: Very definitely. Mrs. Kennedy: Yes. Mr. Plummer: But you've got to give them, as we did for the Maritime Museum, all we gave them was an indication that if they did, in fact, raise the money, this City would make something available. Mr. Dawkins: All right, I'll do it better than that. Find out how many veteran chapters of American Legion and the VFW there are in Dade County and bring me a letter stating that you represent a majority of those chapters and if they are in favor of what you're doing, then you've got me because we got all of the veteran organizations working together but I just do not see going out with one individual coming in and telling me that I am the Savior for - and this is not derogatory - but I do not see one individual coming in and saying, I speak for all veterans. Mayor Suarez: Do you have any problem building into your motion, Commissioner, along the lines of what Commissioner Dawkins is saying, that we should contact all the other veterans groups and you understand that we'd be working with everyone together and somehow, in a collective fashion, they would have to come up with leadership that would be acceptable to everybody. Mr. Spalding: Well, we had some of our people here today, they couldn't wait this long, gold star mothers... Mayor Suarez: We've also had some that preferred us to work with them and would like to not work with you but let's see if we can bring them all together somehow, Harold, I mean... 198 June 9, 1988 Mr. Spalding: Well, I'm in contact with most of these organizationsi We have a veterans advisory committee made up of about 25 veterans and... Mayor Suarez: OX, well we're going to have to verify that because I know soa►e would like to work independently of you and not with you, so... Mr. Spalding: Yeah, yes. Mr. Dawkins: Brother Ammons, come over, Mr. Ammons, we need to hear from you. Mayor Suarez: OK, does that make sense? Is that too complicated a motion? Mr. Dawkins: Wait a minute, discussion. Mayor Suarez: OK, I'm sorry. Mr. Dawkins: Mr. Ammons, you have something to add? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dawkins: You got something to add? You have something to add? Well, please add it so we can go home, please, sir. Mr. Ammons: Commissioners, the Mayor, I appreciate... Mr. Dawkins: Pull the mike up, sir. Mr. Ammons: I appreciate your giving me the opportunity to say this. I am Herbert Ammons and I live at 15150 S.W. 107 Avenue, that's out in the boondocks. And I am the commander of post 281 of the American Legion. I am the veterans legislative officer for district 5 of the VFW. I'm also the assistant legislative officer for the VFW for the State of Florida and we have, in this county, let's see, I believe it's ten, eighteen chapters of the American Legion. We have the same - about 18 chapters of the VFW and I have gone out and talked to them and I've furnished you an information what they signed, who they wanted to represent them so to speak and their plans. We have somewhere... Mr. Dawkins: Can you get them to meet with us, sir, and so that we can all can coordinate what we're doing, Mr. Ammons? Mr. Ammons: Yes. Mr. Dawkins: OK, that's what we need. Mr. Ammons: All right, yes. Mayor Suarez: No one can be excluded, no veterans council can be excluded. We've got to work with all of them. Mr. Ammons: We will... Mayor Suarez: Hopefully, we'll all agree on what the project should look like and certainly we'll take all of their money. Mr. Ammons: To the Mayor, we will come in and sit down with you any time you say from these organizations and furnish you with our input. Thank you. Mayor Suarez: Beautiful. Thank you, Mr. Ammons. Thank you, Harold. Mr. Spalding: Right. Mayor Suarez OK, that's in the form of a motion, do we have a second? Mrs. Kennedy: Yes, Mayor Suarez: Call the roll. s' Mr. Plummer (OFF MIKE) Ammons. Post, Why didn't you come see me? Mr. Ammons (OFF MIKE); What? 199 June 9, 1988 Mt. Pluftftbt (OFF` MIKE): Why didn't you come see fie like you were supposed to7 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO, 88-559 A MOTION REFERRING TO THE CITY MANAGER A REQUEST RECEIVED FROM THE VETERANS COUNCIL OF DADE COUNTY, INC. TO HAVE A VETERANS' WAR MEMORIAL BUILT IN BAYFRONT PARK; FURTHER REQUESTING OF THE CITY MANAGER TO FIND OUT HOW MANY CHAPTERS OF VETERANS EXIST IN DADE COUNTY AND TO INQUIRE WHETHER THEY ARE IN AGREEMENT WITH THIS PROPOSAL; AND FURTHER REQUESTING THE MANAGER TO COME BACK WITH HIS RECOMMENDATION. 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: Ninety-three. Mr. Dawkins: Mr. Manager. Mayor Suarez: I'm sorry, Commissioner. Mr. Dawkins: Mr. Manager, don't give me no more recommendations talking about recommendation, no recommendation, OK? That don't mean nothing. Mr. Odio: Yes, sir. Mayor Suarez: Yes, you might as well say denial if that's what you're... Mr. Dawkins: That's right, thank you. Mr. Odio: Oh, because you're... I think it's unfair that he's getting my notes. Mayor Suarez: He's stealing them from you, public records law and all that stuff. 60. DIRECT CITY MANAGER TO ASSIST OFFICER DAVE DONALDSON AND MS. JANICE HALL IN FINDING AN APPROPRIATE USE FOR THEIR PROPERTY AT 202 NW 20 TERRACE TO REDUCE THEIR LOSS FROM NOT BEING ABLE TO RUN A LIQUOR LOUNGE. Mayor Suarez: Ninety-three, Mr. Helfman. Steve Helfman, Esq.: Mr. Mayor, members of the Commission, my name is Steve Helfman, I'm an attorney with Fine Jacobson, and with offices at One CenTrust Financial Plaza. I'm here today on behalf of my clients, Dave Donaldson and Janice Hall. I need to share a very brief story with you and ask for your help. Janice and David have been attempting over the past year and a half to establish a jazz bar facility in Overtown. They are born in this community, have lived there in their entire lives and have ... Mayor Suarez: What's the address, proposed address? 200 June 9, 1988 r Mt. Holtman: 2002, excuse me, 202 N.W, 20th Terrace. About a year and a half ago they pulled a building permit... Mayor Suarez: It's kind of the hotthern fringe of Overtown there. Mt. Helfman: Yes. They pulled a building permit to renovate an existing lounge. They spent approximately $180,000 towards that renovation. The renovation is complete and done. Through the process, they are required by the planning department to purchase some additional property for parking, which they did, and they've expended a tremendous amount of time and funds. Several days before getting a certificate of occupancy or use and occupancy for the property, they were served with a notice from the zoning department that their building permits had been revoked. It had been determined, after going back through their files by the zoning department, that the property was too close to another lounge in the City... Mayor Suarez: By how much? Mr. Helfman: By 500 feet - 500 feet. The difference was, they're 2,000 feet from the other lounge, 2500 is required. Mayor Suarez: Is the required? Twenty percent. Mr. Helfman: They are also 500 feet from an elementary school and the requirement is a thousand feet. So their permit was pulled. That was approximately eight months ago and they have yet... Mayor Suarez: The elementary school being Buena Vista? Mr. Helfman: Dunbar Elementary School. Their permit was pulled. They have been unable to this day, over the past eight months to occupy the facility. We've met with the law department, we've met with the zoning department. Everybody wants to help us but there's no way to help us. Mr. Dawkins: Steve, before they started, they went and asked what they were supposed to do, is this a correct statement? Mr. Helfman: Yes. Mr. Dawkins: The City of Miami told them what to do, is that a correct statement? Mr. Helfman: Yes. Mr. Dawkins: They did what the City told them. Is that a correct statement? Mr. Helfman: Yes. Mr. Dawkins: Then after they did what the City told them, now the City's saying, that's not what we told you. Is that a correct statement? OK. Mr. Helfman: That's not entirely correct, no. Mr. Dawkins: What is, what is, what is? Mr. Helfman: The problem is, is that they supplied a liquor survey to the City where the City determines whether you're the proper distance... Mr. Dawkins: OK. Mr. Helfman: ... the liquor survey was not properly reviewed. Whether it was entirely accurate or not, it wasn't properly reviewed because upon investigation they went back and looked at it and they determined, oh my God, they're too close. Mr. Dawkins: But they had it in their hands when they said OK. Mr. Helfman: Yes. Mr. Dawkins: Now, it's not my fault that they didn't review it and it's not his fault that they didn't review it, OK? 201 June 9, 198$ Mr. Herman: It's not his fault, but it's his problem now. Mr. Dawkins: All right, no, I'm getting ready to erase his problem, OK? Now, we say that we want to revitalize Overtown, OK. We say we want to upgrade Overtown, OK? Here's a resident go in and take $180,000 of his money and do something in the area to make a business that where we can have somewhere to go to spend our money and enjoy ourselves and then after he spend it, the City say he can't do it? I move that whatever has to be done to give them the permit, that we do it. Mayor Suarez: So moved. Do we have a second? Mr. De Yurre: Second. Second: Mayor Suarez: Joel, do you want to tell us about the legal aspects of this, if any? Joel Maxwell, Esq.: Yes, sir, as Mr. Helfman pointed out just a moment ago. He spoke with our office and we reviewed the situation and we determined at that time that the only remedy that the City had at it's disposal was to actually amend the code to allow for the distance separations to be changed. That is the only remedy that you have right now. Mr. Dawkins: OK, number one, I, for one, cannot understand why, when a person wants to put a bar up, he or she observe the laws and the limitations of how far to put it. But any time a store front church in my neighborhood wants to go up, nobody says that that church can't go - has to observe these same rules and regulations. Now, in my neighborhood, a store front church can go up next door to a bar and nobody won't say a word. But let somebody come in and want to put up a business, now all of a sudden the church and everybody gets holy and they don't want it there. I move that whatever amendment has to be amended for this one instance, for these individuals to attempt, I don't give a... I understand, I understand, I don't care if we open the flood gates but this is one time that I feel that these people have been wronged and it's up to this Commission to correct it, Mr. Maxwell. Mr. Maxwell: You have in your packet, Mr. Dawkins and members of the Commission, you have in your packet two proposed ordinances that you can direct staff, if you're so disposed... Mr. Dawkins: Well, sir... Mr. Maxwell: . to bring back to you on first reading. One would amend the distance regulation... Mr. Dawkins: Sir, sir, recommend to me, as the City Attorney, which one I should recommend that you bring back to me, please sir, either one, either... Mr. Maxwell: In order to solve the problem that you have before you now, you would have to bring both of them back. Mr. Dawkins: All right, bring them both back,'at what meeting, sir? Mr. Maxwell: It would have to come back for first reading after proper notice and that would take approximately - well, that would be at your next regularly scheduled in July. Mr. Dawkins: All right, I move that we follow the advice of the City Attorney and that we amend whatever has to be amended and we bring it back and do whatever has to be done in order to allow these people to open their business. Mayor Suarez: So moved. Ms. Ann Marie Adker: May I be of help to the Commission? Mayor Suarez: So moved, wait a minute, Anne Marie. Mr. Dawkins: Wait and see if I get a second. Mayor Suarez: Do we have a second? Mr. De Yurre; I'll second, but under discussion.., 202 June 9, 1988 Q Mr, Dawkins: Victor seconded its Mayor Suarez: Seconded. Mr. De Yurre: 1 have a problem with this concept that we're dealing with. Here we are dealing with a situation and we're trying to remedy the situation because, equitably, it's the right thing to do. But yet, it goes on, you know. What I would like to see is some kind of investigation, some kind of reprimand, something as to what happened. You know, if we just allow - if we have to solve these problems by going to the extent of having to change the law to do equity, because of negligence, then I think we need to address the problem as to who is at fault here and make sure that it doesn't happen again, because you know, it is very easy for something to happen and we have to solve it, we have to go through the trouble of doing something that really, I wouldn't want to do, because who knows what other situations may be created down the road, and certainly, you know, I feel that it is not correct that this be the procedure that has to be used in order to remedy this situation, and Cesar... Mayor Suarez: Let me ask about that. Mr. Odio: I think that there is a logical explanation for what happened in... Mr. Dawkins: Let's hear from Ms. Adker, before she said, and she has been standing up here all day. Mayor Suarez: Oh, Lord. Ms. Anne Marie Adker: I'm Anne. Marie Adker, and I live at 407 NW 5 Street. The address is 202 NW 20th... Mayor Suarez: Terrace. Ms. Adker: There has always been a bar there. Mr. Helfman: That's correct. Ms. Adker: There has always been a bar at that location, so maybe they need to go back in and lookl There's always been a bar there. Mr. De Yurre: OK. Mayor Suarez: How could that have been, in view of the regulations, Joe? Mr. Genuardi: Well, there was a bar there, but the license was moved a long time ago, so now this would have to be... Mayor Suarez: And so they lost their... Mr. Genuardi: ... a new license. Mayor Suarez: ... right to grandfather? Mr. Genuardi: There is no grandfather because of that, but what happened is that when we review an application for a liquor license, we ask that they give us a certified survey, showing any school, church, or other licenses within the distance, according to the City Code that restricts the license. When they gave us this, the distance given to the school, we found later was an error, and they left out one bar, which was existing within the restricted district. Mr. De Yurre: Who made the error? Mr. Dawkins; Who?—. OK. Mr. Genuardi: The surveyor that prepared the survey. Mr. De Yurre: The surveyor. 203 ■ Mr, Dawkins: All right, but did you give then► permit to go on before you discovered the error? Mr. Genuardi: We gave them the permit to... Mr. Dawkins: All right, so you didn't review... 1 mean, not you sir; but whoever, did not review the permit, and find the error before they spent their money. Mr. Genuardi: Yes, well, there is two things too. The zoning ordinance for that district permits a bar, but then the City code, which is separate from the zoning ordinance gives the restrictions and there is actually two processes. Mayor Suarez: No, no, just so we don't confuse the records too much, the zoning ordinance is the City Code: Now, if you are talking about another part of the City Code? Mr. Plummer: Exactly. Mr. Genuardi: Yes. Mayor Suarez: OK, thank you, because otherwise, we really have... Mr. Plummer: Well, wait a minute, let me understand. Are you saying that the survey which they provided to you, showed the distances as required, that there was no conflict? Mr. Genuardi: Right, correct. Mr. Plummer: So, in other words, their survey is what was misleading, not your interpretation. Mr. Genuardi: That's correct.. Mr. Dawkins:`' Nol- Mr. Plummeri Well, there is a damn big difference here now! Mr. Dawkins:. OK, all right, well, how could ,you interpret... wait a minute, how could you interpret it, and don't interpret it until after the fact? Mr. Helfman:'., What..'. Mr. Dawkins:, Now, had he interpreted it- had he interpreted it before the fact,'I could go along with what we are saying. Mr. Plummer: Let me... Mr. Dawkins: But, they interpreted, I mean, even though it was submitted in error! Mr. Odio: Commissioner, may,I say, when we,.. Mr. Plummer: Now, .let me finish, if I may, I'm waiting for my, colleague to. finish. Mr. Dawkins: OK, go ahead, J.L. Mr. Plummer: Mr. Genuardi, in the survey; which they provided to you, certified,.did it show the proper distances as required by Code? Mr. Genuardi; The distances where in error that was showed on the... Mr. Plummer; I'm sorry? Mr. Genuardi: The distances that were shown were... I'was shown distances , to.., yes, they did. Mr. Plummer; Let the repeat the question, The certified survey that they provided you, did it show the proper distances in compliance with the Code? - r i a t 204 June 9, 1988 Mr. Gehuatdi: 'des, it did: Mr. Plummer: bit, to then you wete not in error. Mr. Gehuardi: That is right. Mr. Plummer: That's a big difference how. Mr. Odio: The surveyor was in error. Mr. Plummer: That's not our fault. That was their surveyor. Mr. Odio: Because he certified. Mr. Plummer: Correct? Mr. Helfman: J.L., no, it is not correct: What happened is, when somebody calls the Zoning Department from the competitive bar, and this City goes back and looks at the survey carefully, they say, "Oh, my God." The information was there. It wasn't properly evaluated the first time around. The survey... Mr. Plummer: No, no, that's not what he is saying. Mr. Helfman: I know that is not what he is saying, but when they went back to the file, they found... Mr. Plummer: What he is saying is that the survey... do you have the survey that was originally surrendered? Mr. Genuardi: We have a survey. It shows... Mr. Plummer: It shows in compliance with the Code. Mr. Genuardi: Yes, it did show compliance, right. Mr. Plummer:. And that was a survey provided by the applicant. Mr. Genuardio. That is right. Mr. Plummer: Then, the City of Miami did not in any way goof up. Mr. Helfman: J.L., what I am saying is, there may have been misleading things on there, but when they came back and reviewed their files because there was a. complaint in the neighborhood, it was clear to them that they had improperly issued it, because looking at the survey, we were too close. Mr. Plummer: Thy issued based on the survey. Mr. Odio: We received a call from another location saying you better check the survey because it is wrong. Mr. Plummer: That's immaterial. That is immaterial, OK? What is material is, is that their surveyor got them in a jam. I am not going to let you put the blame on the City of Miami. We predicated our decision based on their survey, which they paid for. Mr. Helfman: Absolutely correct. Mr. Plummer: And their surveyor was incorrect. So, you know, you got a fight? You go fight with your surveyor, not with the City of Miami. Had the City of Miami group goofed up, I'm ready right now, willing and able to reimburse him his $180,000, but we didn't goof up! Mr. Helfman: The City of Miami, in evaluating the survey, the. information was on the survey, because when they went back the second time to review .the survey, they found the information that they needed. Mr, De Yurre: This surveyor, you pick it at random, or does it have to be a City accepted surveyor. Do you have a list? Mr. Genuardi; It is a licensed surveyor, 1 205 June 9, 1988 Mr: Plummer! Certified, Mrs. Kennedy: A Certified surveyor. Mr; be Yurre: So, that is all you are looking for? You don't eere, they don't have to be on a list, or anything, from the City. Mr. Genuardi: Igo, we have no list = as long as he is licensed. Mrs. Kennedy: Joe, did you want to add anything else? Mr: Genuardi: The information given on the survey, showed that they were in compliance with the requirements of the Code. Mr. De Yurre: Legally, could we treat this as a situation wherein they received their license to have their bar operated, after the fact, it is discovered that there is an existing bar within the distance. Is that pretty much what has happened? They had their license already approved? Mr. Genuardi: No, they had their remodeling permits approved. The license was not issued yet. Mr. De Yurre: So there is no license yet? Mr. Genuardi: It wasn't approved yet, no. Mr. Maxwell: No, the license comes from the state. Mr. Dawkins: Wait a minute. Let me help Genuardi, OK? A certified survey was submitted, is that right? Mr. Genuardi: Yes. Mr. Dawkins: Now, certified, which means that whoever they had to do the survey, gave you... I'm sorry, the City of; Miami, .an instrument, and they certified that this instrument was, accurate. Is that a correct statement? Mr. Genuardi: That's correct. Mr. Dawkins: All right, so therefore, J.L. is correct, we did not goof. Who needs to be sued is his surveyor for giving him erroneous information, all right? Mr. Plummer: Exactly. Mr. Dawkins: Now, that is squared away, OK? Now, don't anybody leave here thinking that as J.L., said, that we are liable for an error made by his surveyor, but that has nothing to do with the point that this guy got $180,000 invested that he needs to go in business to get his money back. That's my concern, OK? Mr. Plummer: Well, let me... Mr. Dawkins But, J.L., he is right, he did not goof up, OK? His surveyor is the one he needs to sue. Mr. Plummer: OK, let me be honest with you. Anybody that knows that intersection or knows that corner, you know, if I had my choice, .I would say no more bars. I'm telling you that, but it is not the bar that is the competitor that bothers me. It is that school, that's what bothers me, OK? 500 feet from a school; that bothers me. Mr. Helfman: J.L., that's existed now since 1926, when that bar .was originally established. The other thing is.,. Mr. Plummer: A wrong, or two wrongs do not make a right, OK? Mr, Helfman: OK, the other thing that's critical is that that corner apparently, from what I understand, had the most purse snatching, and street related crimes of anywhere in this City, and that is what the City..., Mr, Plummer: A bar is not going to help encourage it, 206 June 9, 1988 4 6 4 Mr. Helfman: Since we have built our facility, that has been virtually been eliminated at that corner. Mayor Suarez: Sy the way, we keep going to that bar. Is it a lounge, nightclub, what is it? Mr. Plummer: If they serve liquor, it's a bar. It's a lounge. Mr. Helfman: It is a lounge, and it was intended as a jazz nightclub. They have already made arrangements to have Miles Davis come to the opening, I mean this is a significant thing for this community. Mr. Plummer: That's great. Mayor Suarez: Look, the other question along the lines of the additions from the school - is there any way to limit the hours of operation if we were disposed to grant this? Mr. Helfman: Yes, absolutely, to non -school hours. Mayor Suarez: What do you call non -school, beginning what time? Mr. Helfman: Whatever regular school hours are, we would not operate during those hours. Mayor Suarez: No earlier than 4:00 P.M.? Mr. Helfman: Six P.M. Mayor Suarez: OK, one other question. I don't know if this would work, but how about the limitation on the number of the term that this trould go f or, I mean., just sort of leaving it open ended concerns me. I know that they have spent a lot of money on fixing up the property and would like to see if they can recover some of that expenditure, and at same, maybe make the neighborhood... improve the neighborhood, by having activity there, at night time and so on. I wonder, Joel, well, I guess we are all going after you at the same time, but I wonder if there is any way to limit - supposing we were disposed to agree to this, limit on a trial period for a year, or two years or something. Mr. Joel Maxwell: Sadly, Mr. Mayor, I don't think that you can do anything at this time to directed... Mayor Snaraz:. .Can we limit it to his ownership? Mr. Maxwell: ... that would remedy this particular problem. 'Whatever you do, is going to be City wide. Mayor Suarez: I see. Mr. Maxwell: Now, if you do adopt the ordinance, you can place conditions on the ordinance, or within the ordinance that can require covenants to limit hours and so forth. Mayor Suarez. ♦re you saying that there is no tray to do a single situation ordinance to do equity in a case? - that we have to do it City-wide? So, from here on, everybody would 500 feet away from a school? Mr. Maxwell: Yes, sir. Mayor Suarez: Instead of what was it, 1,000 feet? Mr. Helfman: No, let me tell you what we propose, and that is that anybody who wants to vary from that distance has to come before this Commission, and then, that would give our people... you see, the Code... it is within the Code, and not within the zoning ordinance. So, unfortunately, there is no variances. There is no opportunity for us to get to you to ask for relief. What we are saying is, let's put that in the Code. Let's have a provision in there that says, OK, we'll vary it from there, but first, you have got to come to the Commission and show us that it is justified. 207 June 9, 1988 1 0 Mr. Plummer: Yes, but you see, let me tell you, that is one of the problems of being around here so long - it used to be that way. It used to be that way for bars, and it used to be that way for filling stations, all right? And this Commission found out that there vere more damn ways to measure 2,500 feet than we ever thought were humanly possible: As the guy walks across the street, as the crow flies, and every time they came in here, it was a different calculation and even worse, every time they came in here, they wanted 100 feet less than the guy before. Well, you set the precedent, OK? And we got to the point where we said, hey, we are going to set a distance and no variance from it, and that's where we are today, because it got to the point where 2,500 feet was down to 25 feet. Mr. Helfman: No, what we have done in this proposed ordinance is say between 2,000 and 2,500 after a public hearing, they may be granted. So, that avoids the going beyond the 2,000. Mayor Suarez: But the same kind of thing would also have to apply also to the School. Mr. Helfman: That would apply to the 500 and the 1,000, that's correct. Mayor Suarez: Yes, that is the tough one. Mr. Plummer: Yes, but the unconstitutionality of it is, Mr. Mayor, if a bar exists, a school can build Bart door. or a ctmrch =on build mnzt do=. Thst was mme of the big problems that we had. We restricted the bar, if they wanttd to start anew, but if it was the other way around, the school could open up next door, or the bar could open up next door, or the church. Mayor Suarez: I guess the idea was, you were protecting, you were protecting in one direction and not in the other. "r. Plummer: (OFF MIKE) Have the declared them unconstitutional, the filling stations? Mayor Suarez: They have declared them unconstitutional in some other cases, huh? But you wouldn't file suit to void this. Mr. Helfman.: No, that is the last thing I want to do. I want to try to do this without suits. Mr. Dawkins: (OFF BIKE) Well I think you better catch up with his surveyor. Hr. Helfman: See, smfortunately, that doesn't resolve our problem. We have a beautiful facility now, with people throughout the country that came to build this. There is special bar equipment, and it is going to turn into a real problem site. It is vacant, it can't be occupied, it can't be used! Mr. Plummer: Well, it could be used, it just can't be used to serve liquor. You could use it for beer and wine. Mrs. Kennedy: Or day care! Mr. Helfman: No, you couldn't use... beer and wine requirements are also very similar, and would restrict us from... because we have other beer and wine facilities almost immediately abutting. Mayor Suarez: If no motion should pass to give them any other kind of equitable result, I would be disposed myself to vote to have the City look at what other uses we might give to this property, so that his losses would be reduced, you know, by having some kind of possible cooperative effort over there, whether it is child care, whatever, I don't know. I don't even know what the structure looks like. If somebody wants to try that, have staff work with them to see what else could be done there, where the City might... Mrs. Kennedy: I'd love to move that, and see what else can be done. Mayor Suarez: I don't hear that we are going to be able to give him any other solution. A City wide ordinance of this sort, and your effort to make it so that they would have to come before the Commission, actually is worse than just flat out ordinance allowing it. I mean that's... somebody want to try that? Otherwise we will got to the next item. 208 June 9, 1988 Mr. Plummer: I will... Mrs. Kennedy: Let's sit down with them and see what other uses tan be done in that location. Mayor Suarez: And what proposals can be made, whether the City might contribute, or participate in whatever is done there so that... assuming of course, that they are interested, so that their losses would be effectively reduced. Mr. Plummer: Does your client own the property, or lease it? Mr. Helfman: Owns it. Mr. Plummer: Owns the property? Mr. fielfman : Yes. Mr. Plummer: I would be expecting you to file a lawsuit against the surveyor for the purposes of recovering your out of pocket expenses, which, if in fact you want the City to try to help you and participate. that $180,000 would go a long way. ' . liayor. c..ar=s AU -rift, ass ass -that .In tte farm of • wtinn as Zeiwain& it to the Manager? Mrs. Kennedy: Yes. Mr. Dawkins: What's the motion? Mayor Suarez: To refer it to the !tanager to szplore what other uses might be given to the property, including some where the City might participate and then in a way, looking to try to reduce the losses from the mistakes made here. OK, we have a motion, do we have a second? J.L., did you second? Mr. Plummer: Yes. Mayor Suarez: Seconded. Any discussion, call the roll. The following motion was introduced by Commissioner Kennedy, who moved Its adoption: MOTION NO. 88-56D A MOTION AUTHORIZING AND DIRECTING THE CITY !'TANAGER TO ASSIST OFFICER DAVE DONALDSON AND MS. JANICE HALL IN FINDING A USE FOR THEIR PROPERTY, INCLUDING USES IN WHICH THE CITY MIGHT PARTICIPATE, AT 202 NW 20 TERRACE IN ORDER TO REDUCE THEIR LOSS FROM NOT BEING ABLE TO RUN A LIQUOR LOUNGE DUE TO SAID PROPERTY'S PROXIMITY TO A PUBLIC SCHOOL. Upon being seconded by Commissioner Plummer, the motion was passed 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: Commissioner Victor De Yurre ABSENT: None COMMENTS MADE DURING ROLL CALL: Mr. Dawkins: I don't know how I am helping him at all. I don't see how I can help. I'll vote yes, so that I'll have a chance to bring it back. Mr. Plummer: Return it to the Manager, yes. 209 June 9, 1988 .._:.---=-- ------------------------------------------------------------------- 61. ALLOCATE $4,000 TO PROVIDE SCHOLARSHIPS IN SUPPORT OF THE 1988 SUMMER RECREATION PROGRAM (SUMMER CAMPS), WITH PROVISOS. Mr. Dawkins: Mr. Mayor. Mayor Suarez: Commissioner. Mr. Dawkins: We've got quite a few youngsters in here. It looks like some of them are going to sleep, I guess it is time for them to go home. Mayor Suarez: Isn't that on 94? Mr. Dawkins: Could we find out why they are here and what they are here for, io they could set them out of here? Mayor Suarez: Isn't that the next item we're going on? Mr. Dawkins: It is? Mayor Suarez: I believe it is. ldr. Dawkins: OF. 91aTor Suarez: Ninety-four. Finally we got to the item. Mr. Dawkins: Um hum. Mayor Suarez: Yes. Mr. William Johnson: Mr. Mayor and Commissioners, my name is William Johnson, and I live at 736 NW 42nd Street. I am here representing the Culmer-Overtown Advisory Committee, to request you to waive the fees for the summer camps this summer. First of all, I'd like to commend the City'a Department of Parks, Recreation and Public Facilities, for its continued and ambitious support for our children and young adults in summer activities. However, as we have received copies of the proposed summer camp fees and guidelines, we're concerned that even with the sliding scale. A large number of Culmer area children will be unable to participate in this much needed program. llayaz .Suarez: Just so we know, because I think we may be disposed to vote tavarably. What... Mrs. Kennedy: What are you asking for? Mr. Johnson: OK, what we are asking you for, Mr. Mayor, is to waive the fee. Mayor Suarez: Waive the fees. Mr. Johnson: Yes. Mrs. Kennedy: Which is how much? Mr. Plummer: For how many kids, and how much? Mrs. Kennedy: How much per kid, how many kids? Mayor Suarez: Is it staff, Al Howard? Mr. Johnson: There was a sliding scale that was attached to the letter that I sent to you. Mayor Suarez: Howard, Al? Mr. Howard? Mr. Dawkins: Somebody over there? How many kids are we talking about, Mrs. Adker? Mr. Al Howard: There is a maximum of 60 children at each park, allowed in the camping program, and... 60 to each park, maximum, right. 210 June 9, 1988 Mr. Dawkins: That is 60 it Williams, 60 at Gibsoh, and 60 at... Mr. Howard: At Gibson, 60 at Hadley, 60 at... Mr. Dawkins: No, no, wait. We are dealing with Overtown right now. Mrs. Adker: Tes, that's right. UNIDENTIFIED SPEAKER: Walking about Overtown. Mr. Dawkins: That's 60 at Hadley, that's 60 at Williams and 60 at Dorsey. is that right? Mr. Howard: And... Mr. Dawkins: That would be le0? Ms. Anne Marie Adker: Right. Mrs. Kennedy: And how much is it per kid? Mr. Dawkins: And how much per... Mg._ Howard; We baws i. alidiss scale for earth child. ST. ll=mer: From what to what? Mr. Dawkins: No, no, give me a figure! Mayor Suarez: A sliding scale? Mr. Howard: Yes, in conformance with the date... Mayor Suarez: What, according to height or what? Mr. Howard No, with the ability to pay, based on the day tare... Mr. Dawkins: OK, all right, none of them get paid. Give me the scale. Mr. Howard: The scale is for two people in a household, it would be $10 a week. !lr..Dawkins: All sight, if nobody can pay,.sigbt? Ms. Adker: No, no! Mr. Howard: If they are making up to $9,600, and from $12,000 all the way up to $24,000, it only costs them $10 a week, with two... Mr. Dawkins: $10 a week, all right, so now, so we are talking about $10 a week, how many weeks? Mr. Howard: That would be for eight weeks. 21r. Dawkins: And so that $80 per youngster times 160, ghat is that? Mr. Howard: That's a good question. It is about $9,000 or $10,000, in that vicinity. Mr. Dawkins: All right, $12,000, OK? Ms. Adker: May I say something, please? Mr. Dawkins: Go right ahead, Ma'am. You may lose my vote, but go ahead. Ms. Adker: Hopefully not! The information that we got was that it would be $25 per week per child, and $25 per week per child, and $20 for registration. On the other hand, we got the information that they have what they call, a scholarship. Now, if they can dub us into that scholarship, it might be better for us. That's why we are asking for the fees to be waived. 211 June 9, 1988 Mr. Dawkins: That is what we are getting to, but see, I asked hilt to give me... he say they had a sliding scale, to I asked him to give me the scale at the bottom where there was no income, and he said $10 per person. Now, if those who pay $25 have some income, to we don't have no income, so we are looking for $10 a person, Is that Correct? Is that a correct statement? Mr. Howard: The scale is anybody over thirty-two... Mr. Dawkins: No, no, come on, I don't... Mayor Suarez: No, we are assuming we are at the bottom of the scale here. Mr. Dawkins: We are at the bottom of the scale, OK? We're talking about $12,000, right? Mr. Howard: $9,000, all to $9,000, yes. his- Adker. X0, up.... nine. Mr. Dawkins: No, but she may you got a registration fee, Mr. ... Mr. Howard: There is a $20 registration fee for everybody, right. Ms. Adker: That's right. Vr. _bmvktus: iio7e ire talking about $12,000. Mayor Suaret: Which is another three hundred and sixty. Mr. Howard: It goes from... if there was zero, one to eight children in a family, the cost is only, up to $24,000, only $10 per week. 19270T Sus"2I Tca ZOIQ Qs the bottom litre cost Is $1D, we just need a multiplication. Somebody out there have a calculator? We are talking... Mr. Plummer: Twelve thousand eight. Mr. Herb Bailey: Mr. Mayor... Mr. Howard: We do have a scholarship fund. Mayor Suarez: $12,000, all right. Herb... Mr. 3ailey: The request is $9,000 for 20 kids. ""r. Dawkins: Twenty kids? But we are talking about 190 kids, 21r. 'Bailey. Mr. Howard: For an eight week period. Mrs. Kennedy: How come we jump from 20 to 180? Mayor Suarez: Now did we go from 20 to 180 kids in such a short span of time here? Mr. Dawkins: We got four parks over there, that's how we go to get there. Mr. Plummer: Well, but they only ask to put"20 in the program. Mr. Adker: You are on something else, Commissioner Plummer, don't mix them up, please. Mr. Plummer: Mr. Bailey, Mr. Bailey, answer the Mayor... Adker. Mr. Bailey: As we have it here, Mr. Mayor, it is a $9,000 request to send kids to camp. It says the monies will sponsor approximately 20 children from the Overtown area. Ms. Adker: But that's my Send a Kid to Camp Program. Do you all want to take that up too, at this time? Mayor Suarez: No! 212 June 9, 1988 Mr. Dawkins: No! Mayor Suarez: No, no, no! Mr. Dawkins: These are two different programs. Mr. Johnson: We are talking about two different things. Mr. Dawkins: I know that. Mrs. Kennedy: I thought you were speaking on his behalf. Mr. Dawkins: OK, the Mayor understands. Mayor Suarez: but 94 is just the one, right, item? Ar. JAhnsmz. What we are talking about now is the summer camp. Mayor Suarez: OK, that is the only thing we are going to consider today, I hope she... Mr. Johnson: We ask you to vaive the registration. Mayor Suarez: All right. I'll entatLin a jaction. .-Ara you gaisg to wake a motion =.this before... tlr. Dawkins: All right, hold it. Mr. Manager, what is that account that you found that money in that time, and I told you I would be back to revisit it? Mr. Odio: I have a very short memory, Commissioner, I forgot. itr. Plummer: It is called tt+e tlanager's petty fund. Mr. Dawkins: The Manager's slush fund? Mr. Odio: If we are talking about the City's summer camp? Mayor Suarez: The waiver. Mr. Dawkins: Yes. Mr. Odio: What I recommend is that case, that we waive the $10 fee. We don't *aVe to give them... tlr. Dawkins: Yes. all right hold it now. Tin see, ire ire going to waive the $10 fee, all right? Mr. Odio: For those kids... Mr. Dawkins: Then when I get with you in budget, then I will run into something about, 'Well, you know I waived the fees." Mr. Odio: No, no. Mr. Dawkins: Appropriate me some money and put it into the Parks and Recreation budget, and then you can back it out, or do anything you want to do with it. Mr. Odio: We have received scholarships, Commissioner, from the private sector to cover instances like this, so we will use those funds to cover... Mr. Dawkins: All right, so you do have... all right, so you are going to take that grant from the public sector and put into the Parks and Recreation budget? Mr. Odio: That is what they were given to us for, yes, sir. Mr. Dawkins: And you got $14,000 for that? UNIDENTIFIED SPEAKER: Fourteen, four hundred. Mr. Odio: Not yet, but we will be receiving those funds. 213 June 9, 1988 Mr. Dawkins: Shut up, you Puerto Riean, you! (LAUGHTER) Mr. Odio: Yes, let's send him back to Puerto Rico. Mr. Dawkins! Test send him back to Puerto Rico. Mr. Plummer: They don't want him. Mr. Odio: They don't want him back there. Mr. Dawkins: OK, so we are talking about... Mayor Suarez: So we have to ethnic remarks on the record, send him back to wherever he came from. Mr. Dawkins: OK, so we can do that, huh? or. Odto- Tes, sir. c Mr. Dawkins: OK, well I move that we follow the recommendation of the Manager and that he has found the money, and Ms. Adker... and these youngsters will be able to participate in the summer camp. Mr. Plummer. Ao. that is jL diiisrant story. ie!!s: • Shays different story. 1 Mrs. Kennedy: That's a different item. Mr. Plummer: That's a separate request. Mr. nawkias: Well, sit down tben, so I'll bmaw Tou are not on this. Mayor Suarez: OK, I'll entertain a motion on the summer program waiver of fees. Mr. Dawkins: Yes, move it. Mrs. Kennedy: Second. Mayor Suarez: Second. oz. Plummer: Now such money are we waiving? Mr. Dawkins: One hundred eighty. Mr. Plummer: All right, the only question I have is, Mr. Manager, on the 180 kids that we are waiving the fee, how will we know, or what determination will be used that these kids are of poverty level? Mr. Dawkins: We will go to the schools and all those on free lunches, we will take them. Ms. Adker: If you find any rich kids in Overtown, let me know it. 'Mr. Tlmsmer: I didn't say rich! I didn't say rich, I am saying that the kids that get it, are the kids of the poverty level. Mr. Dawkins: We will have the schools identify the ones on free lunch, or what have you. Mr. Plummer: Well, I think an income tax would be proper. Mr. Odio: That's what we were talking about. Mr. Plummer: OK. Mr. Howard: They must submit that to us to get that. Mayor Suarez: Which is it now, which is it, the school determination? 214 June 9, 1988 0 Mr. Howard: The parents must bring in their withholding Statement and as long as they're under that line, we will waive the fee. Mr. Plummer: That's fine, that's fine, OK. Mayor Suarez: But aren't those usually done by affidavits? They are not done with income tax statements. Mr. Howard: Well, that is what we normally get when we go to day care, they bring in their withholding statement, and then we assess their level and give them the fee. Mr. Plummer: From that, yes. Mayor Suarez: The withholding form? All right, whichever way we usually do It. Mr. Johnsams Va Asve zo problem. Mayor Suarez: All right, call the roll on the motion before it is too late. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: IMSMUTIM 140. SB-561 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $4,000 FROM THE SPECIAL REVENUE FUND ENTITLED "RECREATION ACTIVITY - CONSOLIDATED" TO PROVIDE SCHOLARSHIPS TO THE CITY'S SUMMER CAMPS OF THE 1988 SUMMER RECREATION PROGRAM, AT A RATE OF $25 PER CHILD PER WEEK, FOR UP TO TWENTY (20 ) CHILDREN P" :iID[ flUl DM ME TrM VEEK PROGRAM CONDUCTED BY THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES; FURTHER PROVIDING THAT SAID CHILDREN RESIDE IN THE OVERTOWN AREA AND THAT FAMILIES OF SAID PARTICIPATING CHILDREN VERIFY GRANT-IN-AID ELIGIBILITY LEVEL 1. IN ACCORDANCE WITH THE DEPARTMENT'S SUMMER CAMP FEE SCHEDULE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) llpoa bei.as maconded by Vice Mayor 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. 215 June 9, 1988 iiifrGG�rr-i�iirrr rrrrrrrrriiii i�rrr�+ r-ri ..rrr it rrr rrrri rr Yr.►� _.��•'� 62. DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP IMPROVEMENTS ON CITY=OWNED VATERFRONT PARCEL IS BY UDP = AUTHORIZE PREPARATION OF RFP FOR DEVELOPMENT OF A NOT -FOR -PROFIT OLYMPIC SAILING AND TRAINING CENTER AT KENNEDY PARK (SEE LABELS 4.27 AND 16). --------------rrrr---------- --r-----iii�.iir . Mr. De Yurre: Mr. Mayor, I'd like to revisit item 38, which we just heard for the... Mrs. Adker: No, mine,... Mrs. Kennedy: Her item is right in front of us, it is crime prevention program. Mr. laawki". 327 :that is... Mr. De Yurre: Item 38 was the RFP request for the sailing and training center. Mr. Dawkins: OK, all right, excuse me. OK, I move it. Mr. Plummer: What? .. Mr. Me Sucre: OK. I was talking and I found out that it is going to be open To the public. Mr. Plummer: What item? Mr. De Yurre: 38. Mr. Dawkins: We are going to revisit 38. No, I left it open, that's right. Mr. Odio: That's the Olympic training... Mr. De Yurre: Yes, it has been explained to me that it is going to be open to the public, so really, what is going to do, is enhance what is available over there for the residents, so I am going to move. Mr. Dawkins: Second. Mr..Plummer: Why.. Aid that Skiing go down? Mr. Dawkins: -Tes, I brought it back up.. Second. Mr. Plummer: Did it go down? . Mr. Dawkins: No, we tabled it until you... Mayor Suarez: We waited, that is the one we waited for you. Mr. Plummer: OK, I'd like to move it, please. Mayor Suarez: Well. let's reconsider... no, we don't have to reconsider. Mr. Dawkins: No, we don't have to reconsider, I tabled it. Mayor Suarez: All right. Mr. Plummer: I'd like to move it. Mr. De Yurre: Well, second. Mayor Suarez: Moved, seconded, thirded, any discussion? Call the roll on 38, 216 June 9, 1988 The following resolution was introduced by Commissioner Plummer, who (moved its adoption: RESOLUTION N0. 88-562 A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON AN APPROXIMATELY 1.5 ACRE CITY -OWNED WATERFRONT PARCEL IS BY A UNIFIED DEVELOPMENT PROJECT (UDP); AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSALS (RFP) FOR A UDP, AND CONFIRMING THE SETTING OF A PUBLIC HEARING FOR SEPTEMBER 8, 1988. AT 2:00 P.M., TO TAKE TESTIMONY REGARDING SAID RFP FOR THE DEVELOPMENT OF A NOT FOR PROFIT OLYMPIC SAILING AND TRAINING CENTER ON A CITY -OWNED WATERFRONT PROPERTY LOCATED AT THE SOUTHEASTERLY PORTION OF DAVID T. KENNEDY PARK ADJACENT TO BISCAYNE BAY IN COCONUT TROVE. AND AT THE CONCLUSIOiN DF Ti1E FIMI-71 ZEARING TO AUTHORIZE THE ISSUANCE OF A RFP, SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINT MEMBERS OF A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY THE CITY CHARTER AND CODE. (Hers• fol•iVW lend! -..Vf VWwlutim, =Itted Isere and on file im the Office of the City Clerk.) Upor being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Cammissinner !Sider J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 63. DISCUSSION CONCERNING REPORT ON THE YOUTH GANGS SITUATION. - Mr. De Yurre: Mr. Mayor, before we get to 95, if I may, item 120 has to do with the youth gang situation report,' and in fact, I want to bring it up at this point, because we have here Julio Balsera, with a victim of a youth gang recently, and there are very serious problems over on Flagami. In fact, there is a youth gang that meets every night on 53rd Avenue and it goes on, day after day... Mayor Suarez: What street, roughly? fir. Be lame: S3rd... Julio. Mr. Julio Balser& (OFF MIKE) Flagler and 53rd Avenue. Mayor Suarez: Go ahead, come to the mike. We are going to make an unexpected visit to this youth gang, one of these nights. Mr. Julio Balsera: OK. Good evening. The most problem we have in Flagami, one of the group, or the gang, goes to Flagler and 53rd Avenue, in the site of the cemetery, on the site of the Henry Flagler Elementary. We had the problem about eight weeks ago, some group gang came to the Henry Flagler Elementary, and put a fire in three classes, and now... Mayor Suarez: Are you saying this gang typically meets every night at that address? Mr. Balsera: Every night, or... 217 June 9, 1988 r Mayor Suaret: Nov late? Mr. Balsera: After 5:00 p.m. or 5:30 p.m. to 10:00 p.m., or 10:30, or 11:00 o'clock, you know? I call for the Police Department for many times and the police don't go to this place, you know? Sometimes when I call the police, they want a very lot of information and they take about 15, or 20, or 35 minutes, and after that they say, 'We send the police car to this place, and when the police car comes, about maybe one hour, the group, when the see the police car, they move their cars and they leave, is the problem." Any another problem is, these two girls, they are students in the elementary, and about eight weeks ago, they go around to the house, back, you know, and the problem is, some groups stop when they are on bikes, and she can explain to you what is the problem they have weeks ago. Mr. De Turre: Bring them to the mike. We. Keaaadys era Lhey A=Sl h Lha raga aad jnt the -mh1efus, the yAmth gang's emblems? Mr. De Turre: Well, my understanding is that on their bodies, marks are put on. Mrs. Kennedy: Oh my Godl #r. Be Terre: 10ll,-1go *head please. Mr. Plummer: Wait a minute. Wait a minute, before you start, I would appreciate that neither one of these girls give their name, or home address. Ms. (Unidentified No. 1): OK, my name is... Mr. De Yurre: No, don't give us your name. Just tell us what happened. Ms. (Unidentified No. 1): We were walking by 60th Avenue, and going to a house on bike. Mr. Plummer: Wait a minute! Turn that TV camera off, please. Sir, we would appreciate your turning that off. We don't want any retribution against these girls. lir. De Yurre: Just turn it away, they are not going to mention their names. !lay= Suarez: You tan locus spa Commissioner Plummer, that is all right. Mr. Plummer: Yeah, I'm the ring leader! Ms. (Unidentified No. 1): We were walking... Mr. De Turre: Speak up. Ms. (Unidentified No. 1): I was walking by 60th Avenue with her, and she was on a bike, and then this car pulls up in a red Trans Am and four tall people... there was four, and three of them got out, one stayed in the car, and started running after us and she fell down, and they weren't near us yet, so I tried to see to get her up, and then they started running, and they got us, and then to me, they hold me and then they threw me against the fence and put a knife on my neck, and to her... Ms. (Unidentified No. 2) One of them, when I sat down, one of them... Mr. Plummert Speak a little bit more into the mike. Ms. (Unidentified No. 2): One of them was in back of me and holding me and the other one got in front of me and asked we for money. I told them I didn't have any money, so they caught me by my arms and my legs, and then they told me if that reminded me if I had any money. I told them that I already told them that I didn't have any money, so they got my hair and cut it by the front. Then the red Trans Am pulled over and the guys got back in the car. Mr. Plummer: Did I understand you to say they cut you? 218 June 9, 1988 i Ms. (Unidentified No. 2): Yes. Mr. Plummer: With a knife? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Did they cut you with a knife? Oh, they scratched you. What did they use? Is this the same group around 53rd Avenue? Mr. Balser&: I don't know. Sergeant Joe Longueira: Where did it happen at? Ms. (Unidentified No. 1): Near 60th Avenue. Sgt. Longueira: That is close enough, 60th Avenue. Mayor, Commissioners, we .have somebody from the Police Department who is an expert on gangs, right. She h= &.heady dealt with this, referring it to i.he ;sag detail, and they are going to follow up, she is going to get with this man also and follow it up. Mr. De Yurre: Well, what I want to know is, what is being done, because I have asked for two months for a report, and we didn't get to address this the last month. I want to know what's happening. What are we doing about gangs, because I don't see it getting any better at 'all. -We've had a -shooting rseent ly, over the weekend -- Cocoant Grove, and f irst of all 9 it -used to be graffiti, now we are talking about shooting, stabbings, and all kinds of things and Ms. Wade, I know that you are very involved in this, and I'd like to have some input from you as to what is happening at this point in time. Ms. Barbara Wade: Should I address the latter, or the first question? I'd like to take up the issue of... Mr. Dawkins: Give your name. Ms. Wade: My name is Barbara Wade, and I am the coordinator of gang activities for the City of Miami Police Department, and I work for the Chief of Police. Mr. Plummer: Are you a sworn officer? Ms. Wade: I am a social worker. *fr. Plummer: Yvu are not a sworn officer? Ms. Wade: No, I an not. I have been doing this since 19... Mr. Plummer: Excuse me, are there sworn officers assigned to this detail? Ms. Wade: Yes, there are. Mr. Plummer: Do they work for her? Sgt. Longueira: No. lir..P.12—er. OK, all right, I Just want to get the chicken straight here. Mr. De Yurre: Go ahead. Ms. Wade: I've been working gangs since 1960, starting in Chicago, and some of the same gangs that we are dealing with now, are some of the same gangs that were in Chicago. The markings that this young lady has on her arms are markings of the Latin Disciples, which originated in Chicago. They frequent the area of Flagami and on the other side of the 56th Avenue boys. This morning, I had a discussion about this problem. We have already given the assignment to the gang detail. Latin officers will be going out there and will be reporting back first thing in the morning. We've instructed them to talk to the parents and get on top of this and bring the culprits into the station. Mr. Plummer: You know what the problem, I think part of it is? You know, we saw in Los Angeles, that the Mayor and the Police Chief out there declared war on gangs. I mean, declared war! - in the newspapers! And I am wondering why 219 June 9, 1988 ■ It we are not doing the same thing? (APPLAUSE) You've got to deal and talk to them in a language that they understand. Ms. Wade: Mr. Plummer, I sit on a national committee, as the only female, and on March 3rd, we called in the Los Angeles Police Department, along w ith twelve other police departments. Los Angeles Department has 600 plus gangs in the county alone, with a membership of over 70,000, and the city, 200 plus, with a membership of over 15,000, and... Mr. Plummer: And how many policemen do they have in L.A.? Ms. Wade: Two hundred and fifty in the gang unit, and it goes upward in the thousands for the police. Mr. Plummer: And what scares me is if we don't declare war, we are going to be in the same category. Ms. Yade: You are absolutely right. I wish somebody bad said that in 1984 when I tried to tell people that we had a problem. Mr. Plummer: Well, I'm telling you now. Ms. Wade: As for as the Coconut Grove area is concerned, we spent time with the kids on Friday night. The Goombay Festival was uneventful; however, I spent time with the kids on Saturday at the arms of -Douglas and -Percival, and warned them not Lo sit here, barause we haazs! that -there arse going to be a shooting from South fliami, and I think everyone needs to know that Coconut Grove has not had a gang problem - gangs per se in Coconut Grove. What we have are kids who band together out of fear and intimidation, and that is what has been happening, since January 1, when the South Miami gang came in and started shooting in the area. Now, what we have done, is that the students themselves, after a grieving period at Poace de .Leon on !Monday the students got togetber Lbemselves, and they called this project 'Doing something for Darren." Fifteen of them came into Human Resources, they talked to Homicide, which is great, and some things are happening. Today we had a big meeting. The kids outlined what they felt the problems were and there were representatives from the Commissioners there. The first thing that they need to do, and they want to do that tomorrow morning, is to take the Chi -town down. They insist that they are not a gang and the kids know that as long as graffiti is there, and there is a territory named as a gang area, and the group hang out, that these kids will continue to shoot at them, so tomorrow morning we will take the graffiti down. They also are going to have mentors. We had a responsive group, and these kids want to send a strong message to the community, including their parents, that they don't like the gang warfare. Mr. Dawkins: !Mrs. Wade, what can we do to insure that these two young ladies Fare not intimidated in their area. What can we do to insure that those individuals - now, I mean, we can't insure it - but what can we do to sort of attempt to protect others like them from that gang element in Flagami? We somehow have to get parents to understand that you got to know what the hell your children are doing. You see, the biggest problem is that most parents don't know where their children are, and what they are doing. Ms. Wade: That is the problem. Mr. Dawkins: OK, see, so some kind of way, are have got to set parents to be responsible for their children. Ms. Wade: Well, this was a recruiting effort here, with these girls, and we've been into institutional denial for so long in this town, we don't want to say that there is a problem, but I tell you, you are either going to pay now, or pay later, because what we are dealing... Mr. Dawkins: When you say, a recruiting, I mean, explain that to those of us who don't understand what you mean. Ms. Wade: Recruiting means that the gangs that we are dealing with are extremely sophisticated. They came from another city, their organization has been intact for over 30 years, particularly the Latin Disciples. They carve out of the jails in Chicago, out of the prisons, and if we don't do something, If we don't send some strong messages that Miami will not tolerate this situation, we are going... this problem is going to get out of hand. It is practically there now. 220 June 9, 1988 i f Mr. Dawkins: OK, now, one more question and I'll be finished. Joe, knowing that we do not have quote, unquote, adequate manpower, how do we address the needs of a gang detail when we are stretched thin otherwise? Mr. Plummer: I won't agree to that. I won't agree to that statement, I'm sorry. We have adequate manpower. The priority of where it goes is the problem. You know, I come back, and I'm sorry, I catch hell every time I make this statement, but if you ask people of this community, are they are more concerned about these gangs, or the 16 policemen that are writing tickets for yellowtails out in the bay, there is your answer. Now, I'm sorry, I am going to catch hell again tomorrow from the Marine Patrol, who are all friends of mine, but when a guy comes to me and says they are writing a ticket for a five inch yellowtail, instead of out here fighting crime, I'm sorry, to me it has got to be prioritized! Mr. Dawkins: But, you see, the priority must be set with the five of us. We bsys allarred the police Department to put paople out there chasing yellowtails, instead of chasing gangs. We cannot... me, I mean, I, for one... cannot go along with the fact that I have allowed the Police Department not to put people where it is needed, because you, every member of us up here, we get calls every day about the response time. We get calls because they don't see a policeman in the area, we get calls because we don't have nobody to stop purse anstphing, and if the reason that we get these calls is becaisse people are out writing tIchsts abaart yellowtails, tb t is v=r fault. "r. Plumer: Yell, can I go one step further? I'll tell you, this has been in my craw, and I've got to get it out. I am extremely upset, that my department has not addressed in the media something that happened in this town approximately three weeks ago, when The Miami Herald published a tour guide of where to go buy your cocaine. They not only published a tour guide, they put a slap shoring you if you don't know where to bwy eoeaine, the !term herald will show you in a map. And I have not heard a response from my department, and that has been three weeks ago. Now, I tell you, that upsets me, because, you know what, unfortunately, it is in fact, true. You can go right now, right now to Percival and Grand, and you can buy all the coke you got money to buy. You can go to Oak and Grand and you can buy all you can buy. But damn it, when The Miami Herald publishes a map, and shows the people, here, if you don't know where to go buy it, we the The Miami Herald will show you, I think is an absolute disgrace! What does bother me is, is that my department did not respond, and admonish them for publishing such a thing in the newspaper. fft. Dawkins: And It was four blocks from the police station. "r. Tlw=er: That bothers. me! Mr. De Yurre: Let me say that... Mayor Suarez: Commissioner De Yurre. Mr. De Yurre: ... the reason that I brought this forth is because ever since I got elected, I've been trying to deal with the youth gang problem and I've been meeting with Sergeant Rimondi and Ms. Wade, and they have given me their formula for dealing with this, but for months, and I have been here now, I'm into my seventh month, for months I've seen it grow worse and worse and worse, And 1 don't think their formula works. You know, the formula is a passive type of police work. Try to get the good guys out and find out who the bad guys are, and now, it is not working. These groups, they don't see any danger in what they are doing, because there is no detriments, there are no deterrents for what they are doing. They keep rampaging all over town, and there is more kids and more kids getting involved. Now, either we fish, or we cut bait! And I think it is time that children like this right here, feel that they are safe in the streets, and not that they get cut up like they did recently. And I think it is time that the Police Department and Cesar, as City Manager, I am asking you to get together with Chief Dickson, and let's have a game plan to initiate immediately as to changing our tactics and protecting our families and our children. You know, this cannot go on, and these are two prime examples, which I would rather not have brought them here, because I think this is a stressful situation for these two girls, but the impact has to be brought forth before the Commission, and we have to be made aware, of how serious this problem is, and it is not going to get any better until we clean up our act and we really put this is our number one priority and clean house. 221 June 9, 1988 gt Sgt. Longueira: Commissioner... Mr. Plummer: Joe, am I out of line, stating for the record, that we experience approximately twelve purse snatches a day in and around Douglas and Grand? Am I off base? Sgt. Longueirs: Off the top of my head, I would have to tell you I would have to go look. I don't think you are, because normally... Mr. Plummer: Seventy sector, Sergeant? Sgt. Longueira: No orally, you are not wrong when you quote those kinds of things. Mr. Plummer: I'm not too far off. Sgt. Laagueira: ?on do lour homework. Mr. Plummer: And yet, and yet, Joe, my problem is, we don't have a policeman assigned to that location, knowing the high crime that occurs in that particular location, and we don't have.a policeman there! Sgt. Longueira: All right, first of all, Chief Dinkenn Jas met with everybody on this subject. They are trying to deal with it. tlae of the ways we are going tv have to deal with this, is the whole department is going to have to address it. We are 'trying to educate all the officers on youth gang activities. There is a lot to it, there is a very complicated network. They have tattoos, they have secret handshake, a whole language to themselves. They are an organized crime that is as sophisticated an any drug network we have, and most. of them are into drug distribution, so the department is developing thimis to Eet tie whole departrmnt Involved, but it is something that doesn't happen very quickly. Mr. Plummer: Yes, but you know what the problem, Joe, is, OK? - these two girls in effect, were lucky. Sgt. Longueira: Yes, sir. Mr. Plummer: If we wait much longer, we are going to be in a crisis, because the next two might not be so lucky. We can't wait any longer. Sgt. Longueirs: I understand, Commissioner. We are going to proceed as fast as possible. Mrs. Kennedy: Now, let me also tell you on a positive note that the City teemed up with the County to get funds from the Legislature, as you know, and we were appropriated $200,000 for a you resource center to fight youth gangs, crime and prevention in youth gangs, so that is going to be right here, probably next to City Hall. We are working on getting the space. Maybe there we have a facility, Mr. Manager, and we can get all these units and concentrate on this problem. Mr. Odio: We are also having meetings with the County. We have had three meetings vith the County, with the County police Department, and we are going to tow ine the efforts of both departments. It is worse in the County than it is in the City today. Mr. Dawkins: But, I'm not concerned but the County, OK? Mr. Odio: But, we have to... Mr. Dawkins: I'm not concerned about the County. Deal me with the City. Mr. Odio: No, Mr. ... but we have to! Mr. Plummer: Well, Miller, you have got to be concerned. Mr. Dawkins: No, I'm not, J.L.! Mr. Plummer: Because the theory of crime is the balloon, all right? If we squeeze it here, it is going to pop above 79th Street, and you know what is going to happen? 222 June 9, 198e 0 0 �i 1 Mr. Dawkins: And if they Squeeze it out there, it is going to pop in here, to let me worry about it. Mr. Plummer: They are going to pop it up there and squeeze it back here, so you are just pushing it back and forth. You have got to do a coordinated effort. Mr. De Yurre: The bottom line is, that... Mrs. Kennedy: And work with the State to give them stricter Sentencing. Mayor Suarez: Wait, wait, one at a time. Mr. De Turre: Rosario, hold it. The bottom line is, I think, how many officers are assigned to that youth gang detail? I think there is more than seven. Sgt. Longueira: Six, VT Seven. Mayor Suarez: Six. Mr. De Turre: Six? You are talking about a force of close to what, 1,100 men? .Mayor Suarez: 1,059 personnel. Mr. De Turre: 1,050, of which only seven are assigned to youth gangs, or six are assigned to youth gangs. There is no way we can fight youth gangs with six officers! Sgt. Longueira: But that is not the way to fight it. The gray to fight it is you get the whole department involved, and that is what we are trying to do. Mr. De Yurre: Well, I haven't seen anything happening! Sgt. Longueira: Commissioner, you just don't announce it at roll call. It is a long process, an education process, is to go... Mr. De Yurre: Well, by the time they graduate, it is going to be too late, OK? It is going to be too late! Mr. Plummer: Joe, the other... t1r. Odio: Well. I think the Miami Police Department, I need to say this, was a pioneer in the drug fighting war. They are now, and I know, because the Chief and I talked about this and Ms. Wade, will testify we are getting geared up the department to combat this gang... Mr. Plummer: Cesar, we hear what you are saying, and we understand what you are saying. Obviously, you don't understand what we are saying. Mr. Odio: I understand, and I am going to be... Mr. Plummer: We can't wait any longer. Now, we can't you know. I understand .that the process goes along and we know that Un process in goverument unfortunately goes slow, but we are telling you we think that that process is got to be expedited. What's wrong with tomorrow morning, the City of Miami declares war on gangs, and mean it! Ms. Wade: Commissioners, if I may any something, we just finished training the majority of the officers twice a week everybody went through the gang training, but the problem is, is that we are dealing with two tiers. We are dealing with the organized crime level here, and gangs, and I don't mean the Maf is, it is even worse than that in terms of the rituals and the rules and the laws and all of that, and then the ambassador, which touches base here, with those guys, who got in touch with her, so what we have been doing, Commissioner De Yurre, is that I have been working with this level down here. We have not begun to even reach this, and that is what the Chief addressed the other day, so it has got to be a departmental thrust, and that is what the Chief is looking for now. 223 June 9, 1988 so It I Di Mr. Plummer: Well, I hope that you will do a second step, OK? -and that second step is to follow these cases through when these people are arrested, because let me tell you something. At this present time, to the best of my knowledge, none of them have done any time. Ms. Wade: Right. Mr. Plummer: And I want to tell you, if we make public the arrests that we are making and we show statistics of how much it is doing in good to try to get then arrested and get them in jail, I think you are going to find some amazing statistics. Let me just give you one, and I an deviating way away from this subject of youth gangs, but Engleton, where are you? Jim, listen to me, you come down here, and rightfully so, and complain about the prostitute problem on Biscayne Boulevard. I have statistics that were pulled for the month of January, and I want to give them to you briefly. There were 79 arrests in the month of January. Would you give me your wildest imagination ,Suess of bow many of those 79 served time? Fourl tlayvr Suarez: No, zero. Mr. Plummer: Your, no, I'm telling you, in fact, according to what the statistics given to me, four served time, and I think it was less than three days. Mrs. •Kennedy: That's the oihar thing. -Mr. Plumar: OK, now to me, you can go out and arrest the whole damn world, but if they are going to turn them loose and put them back out on the street, before we can do, and I am talking about youth gangs, I am back on that subject, OK? - we've done nothing by arresting them except take them off the street for a couple of hours. 'Mayor Suarez: Wait, wait. Commissioner, do you need anything else on this topic? We've got many items and people have been waiting and we have to try to get through and... Mr. Plummer: Mr. Mayor, I agree with you sir, but I don't know of anything that is more important than this one right sow. Mr. De Yurre: I don't think there is anything more important that this right now. Mayor Suarez: Do you have anything on this matter? 'Mr. De Turre. I rant to have Cesar, by zmxt 3hursdary, s ssme plea as to where we are going with this. We need to have something. You know, we just can't sit back and let it keep going and mushrooming. Mr. Odio: When you say game -plan, so, I understand that, and I don't... Mr. De Yurre: I want to have a game plan as to what is going to be done about this, and it just can't be, you know, the same formula, even though Ms. Wade has been at it for aeons, dealing with this, and she is an expert. She knows that we are crossing dangerous waters right now, and if we don't... MMIr..Dawkias: Tea, but as J.L. said, she is not a sworn officer. She does mot have a gun. She is dealing with individuals with a gun. Mr. Plummer: Yes, but she don't hesitate to go down in the worst of it, I know that. Mrs. Kennedy: I tell you, they respect her. Mr. Dawkins: OK, I know that, but see, we need somebody with her who got a gun. Mrs. Kennedy: Yes. Mr. De Yurre: Well, that is what I am saying. I want the Police Department to get... that is what I want, I want a game plan by the Police Department as to how they are going to address this problem immediately. i 224 June 9, 1988 i a. ; . Mr. Plummer: Barbara ain't never backed off yet. Mayor Suarez: OK, you can make that in the form of a motion. Mr. De Yurre: And I'll put that... that's a motion. Mr. Plummer: Can I add to that, Victor, to that motion, I would also like the Administration, if they will listen, I would like the Administration to explain to me, why, when The Miami Herald identified the sale of corners for cocaine, why there has not been a police car assigned to that corner, and stay on that corner, and if nothing more, make the map of The Miami Herald sarong. I am talking about four locations in Coconut Grove, OK? And if you put a police car there, I don't think any idiot is going to go buy. OK? I am talking about three locations and the corner of Douglas and Grand. Mayor Suarez: Well, one reason. Commissoner, is that for the ensuing two weeks after The Miami Herald puts out that map, they are not in.those corners. Mr. Plummer: No, they are there. Mayor Suarez: And then they come back two weeks afterwards. Mr. De Yurre: They don't read The Herald.. Maw. Suaras: Or m doing a.. . Mr. Plummer: Maybe we'd be better off if we didn't! Mayor Suarez: ... magnificant job of the reverse sting operations and a map, if anything reflects that there are not that many corners in the City as opposed to the rest of the County, whether the map is right or wrong; but if we want to allocate more resources to the 7essth sung effort, let's give the instructions to the Manager. Mr. Plummer: So be it. Mr. De Yurre: Thursday, 10:00 o'clock, in my office - 10:00 o'clock in the morning. Mr. Plummer: You want to do something? I'll tell you how to do it. Call a press conference for next Thursday at 10:00 a.m. to announce what they are going to do. !Mrs. Xennedy: And let's declare the war. Mr. Plummer: Exactly, get them out to get them the hell out of there. Mr. De Yurre: And you know, it is a press conference, all the Commissioners are invited and the Mayor, and let's have some results as to where we are going. Mayor Suarez: All right. Mr. De Yurre: OK, Cesar, that's my motion. Mr. bsmkims:, Wait • minute now, hold it. The press -conference is to declare war on youth gangs? Mr. De Yurre: And how we are going to do it. Mr. Dawkins: All right. Mr. De Yurre: OK, next Thursday, 10:00 o'clock in the morning, press conference. You guys know it already, you are on notice. Mayor Suarez: I will not be at the press conference, but I will be happy to sign a declaration. Mr. Plummer: Of war? Mayor Suarez: Yes. 225 June 9, 1988 Ms. Gloria Rosello: Just to say that 75 percent of those prostitutes that have been picked up at Biscayne, or wherever the place is, they have been tested for AIDS at the Health Department and 75 percent of them are positive. Mayor Suarez: VOWI OK. Mr. De Turre: That's Why I don't go there. Mayor Suarez: Before we get to the issue of prostitution and AIDS... that is the next war we are going to declare, and I will sign that one too. NOTE FOR THE RECORD: THERE WAS NO APPEARANCE OF THE INTERESTED PARTIES IN CONNECTION WITH AGENDA ITEM 95. 64. ALLOCATE $15,000 FOR RENTAL OF MIAMI MARUZ STADIUM IN CONNECTION WITH _. =M 2npS W M:M .W CONCERT SERIES. Mayor Suarez: Item 96, Miami Herald, Pops By The Bay. Item 97. Mr. Odio: No, wait, wait, or. Mayor. lhyor SUSMz: Is, lace tiarcock going to snake • prese3rtatIM for The Herald, or. ..7 Mr. Odio: On the Pops On The Bay, that is a City of Miami and The Miami Herald sponsored event that is one of the best that we have in the Marine Stadium. It is important to the Marine Stadium. Mr. Plummer: Where do the proceeds go? Mr. Odio: The proceeds? We get the concessions revenues from this, and... Mr. Plummer: Where does the ticket revenue go? Mr. Odio: I don't have the breakdown exactly. Mr. Plummer: What? Mr. Odio: The City. Iir..14l=mwr. All of ttm revenue toes to the City? Mr. Odio: Yes, we make... Mr. Plummer: Well, why are they asking for a waiver, if we get all the revenue? Mr. Odio: They... ten percent goes to the City. Mr. Plummer: Ten percent? Mr. Odio: Of the... Mr. Plummer: Where does the other 90 go? Mr. De Yurre: Of the gross, or the net? Mr. Odio: What, do you have a breakdown there? Mr. Max Cruz: (OFF MIKE) I don't have a breakdown. Mr. De Yurre: Go to The Herald. Mr. Odio: But is one of the major events that... Mr. Plummer: No, where does the money go? Mr. Cruz: (OFF MIKE) They pay the expenses. All they want is the rental fee. 226 June 9, 1988 Mayor $uaret: Just the rental fee waiver? Mr. Odio: Just the rental fee waiver Mr. Plummer: Are you saying that after the expenses, all of the money comes to the City? Mr. Cruz: (OFF MIKE) Except for the 10 percent ____ fee..: Mr. Plummer: Where does the other money go? Mr. De Yurre: Will you put it on the record? Mr. Plummer: Don't shake your head, yes. Where does it go? Mr. Cruz: To The Miami Herald. Mr. Plumer: To 71he Berald? Ms. Diane Johnson: Miami Herald Lend A Hand Program is to... Mr. Odio: Lend A Hand. It is a nonprofit organization. Mayor Suarez: The Lend A hand Program? As:.Iahnsta: ALLaui herald Lend A Hand. Mr. Odio: The Miami Herald does advertise it that... Mayor Suarez: Lend A Hand Program. Mr. Odio: That is A City of Miami... Mr. Plummer: Well, but then it is the City lending a hand, not The Miami Herald, which they'll take credit for. Mayor Suarez: I wouldn't mind writing the article, that way we can say what we want in one of the articles. 4 Mrs. Kennedy: How much money are we talking about? Ms. Johnson: $15,000. Mr. Odio: They don't get' any credit for it, and. it sentions this when they are now advertising -for the City of Miami. This is one of the most popular event, or events, because there are three of them. Mr. Plummer: It is a super event, OK? - but when you ask for a waiver, you have got to know where is the money is going. There.are proceeds. That thing, the 4th of July is always sold out. Mr. Odio: And the other two also. Mayor Suarez: And we get ten percent of gross? lir. Odio: We get ten percent of the gross, plus the concessions. Mayor Suarez: Of what is it, of gross? Mr. Odio: Plus the parking. Mayor Suarez: Of gross? Mr. Odio: Of the gross, yes, sir. Mr. Plummer: Plus a dollar seat charge? Mr. Odio: Plus a dollar seat charge this year. Mrs. Kennedy: I move it. 227 June 9, 1988 Mayor Suarez: So the rental waiver. if you fill it, is not really a waiver. Mr. Odio: No, the rent is $5,000. Mayor Suarez: We make a lot more than what we would have charged for rent. It is just an alternative to rent, OK. Mrs. Kennedy: So moved. Mr. Plummer: Yes, but they are taking in, remember, near $10,000. Mayor Suarez: But, if they pay you rent, they are not going to give you 10 percent of gross. Mr. Plummer: And any, remember, that we have the right to audit the books, and we, the City Commission reserve the right before any of those funds can be disbursed. It must come here for approval. ". Reimedy: Sc moved. Mayor Suarez: So moved. Mr. De Yurre: Second. llayar Call the r0l ] !spar Suarez: That will clear $25,000, for the record. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: BFSGIMIGN NO. 88-563 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $15,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, FOR RENTAL OF THE MIAMI MARINE STADIUM FOR THE POPS -BY -THE -BAY CONCERT SERIES TO BE PRESENTED BY THE MIAMI HERALD LEND -A -HAND FUND, INC. -IN ZONnWMION WITH THE PHILHARMONIC ORCHESTRA OF FLORIDA ON JULY 4, 12 AND 19, 1988 AT SAID STADIUM; SUBJECT TO AND CONTINGENT UPON SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI, INCLUDING RECEIPT OF PAYMENT FOR ALL CITY SERVICES AND FEES REQUIRED FOR 'SAID EVENT; FURTHER PROVIDING THAT NO CITY FUNDS BE MMElQDED UNLESS AND UNTIL SAID SPONSOR AS 2Hb7 7HE CITY COMMISSION SHALL APPROVE IN ADVANCE ANY EXPENDITURE OF PROFITS FROM SAID CONCERT AND THAT THE CITY COMMISSION BE ALLOWED TO CONDUCT A POST -CONCERT AUDIT. (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: 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. 2 9 228 June 9, 1988 ------------------------------------------------------------------------------ 65. ALLOCATE $250,000 FOR THE REBUILDING AND IMPROVEMENT OF THE RAILROAD CROSSING AT NW 1ST AVENUE AND NW 8TH STREET - URGE METRO-DADE COUNTY TO EXPEDITE REIMBURSEMENT IN ORDER THAT THE LAND SALE AGREEMENT FOR THE PORT BRIDGE MAY BE EXECUTED. Mr. Plummer: Mr. Mayor. Mayor Suarez: Yes. Mr. Plummer: Mr. !Mayor, there is another one here that's... !Mayor Suarez: Yes, but I want to try to go through... . , !!r. 21+Mdr: — very Important and this ralat" to the arana. Mayor Suarez: Why don't you go ahead and move it. Is it controversial? Kr. Plummer: Let me tell you the problem, very quickly. The problem... it Is not. This is a problem that exists with the redoing of the railroad tracks In front of the arena. Mayor Suarez: .0�h. Tight, The $750,0007 "r. Tlu:muer: The $250,000 has not been forthcoming from the port. What I am proposing. or being asked to propose by the Administration is, that we advance the money, but fully understanding that we will not sign the final agreement on the port causeway until we have been totally and fully reimbursed for that $250,000, with interest taut I didn't iatlude. (NOTE AT THIS POINT COMMISSIONER PLUMMER READS RESOLUTION INTO THE RECORD. SEE FIEREINBELOW) I so move. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: XESOLUTION NO. 88-564 ♦ IMSOLUTION AUTHORIZING THE CITY "MAGER TO ALLOCATE AN AMOUNT NOT Tp EXCEED $250,000 FROM GENERAL OBLIGATION HIGHWAY BOND FUNDS ALREADY APPROPRIATED FOR PHASE I SOUTHEAST OVERTOWN/PARK WEST STREET IMPROVEMENTS TO THE FLORIDA EAST COAST RAILWAY FOR THE REBUILDING AND IMPROVEMENT OF THE RAILROAD CROSSING AT N.W. 1ST AVENUE AND N.W. 8TH STREET AND URGING METROPOLITAN DADE COUNTY TO EXPEDITE REIMBURSEMENT IN THE ABOVE AMOUNT TO THE CITY OF MIAMI AS AUTHORIZED AND PROVIDED IN RESOLUTION NO. 88-242, ADOPTED MARCH 10, 1988, SINCE THE PROPOSED LAND SALE AGREEMENT WITH DADE COUNTY FOR THE PORT BRIDGE SHALL NOT BE EXECUTED UNTIL TOTAL REIMBURSEMENT IS MADE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon, being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: f 229 June 9, 1988 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. 66. ACCEPT BIDS: JUELLE, INC. AND TREE MASTERS, INC. - FOR FURNISHING DEMOLITION SERVICES FOR THE DEPARTMENT OF BUILDING AND ZONING. Mrs. Kennedy: Mr. Mayor, I also have a pocket item. (NOTE: AT THIS POINT, VICE lIATOR IMMMY IRE►DS SESOI=ION 33RTO THE YUB IC 88CGSD. SEE IIERE 31BELOW. ) And so I move. Mr. Fernandez: Very good, Vice Mayorl Mayor Suarez: Moved, do we have a second? llr. Am*izs-. Second. llsyor Suarez: Second. Any discussion? Mr. Plummer: I invoke the rulel Not Mayor Suarez: The rule has been invoked. The rule is withdrawn. _Are you OK on this, Commissioner? Mrs. Kennedy: Yes. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-565 A RESOLUTION ACCEPTING THE BIDS OF JUELLE, INC. IN THE AMOUNT OF $19,708.00 AND TREE !!ASTERS, INC. IN THE AMOUNT OF $4,944.00.FOR THE FURNISHING DF DEMOLITION SERVICES FOR THE DEPARTMENT OF BUILDING MID ZONING AT A TOTAL PROPOSED.COST OF $24,652.00; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT* DEMOLITION FUND ACCOUNT CODE NOS. 451320-340-799206 ($19,708.00) AND 560502-340-110035 ($4,944.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: You can always reconsider. im !■ 230 June 9, 1988 ------------ ------------------------------------------- 61. DISCUSSION CONCERNING REQUEST FROM THE JAMAICA AWARENESS REGGAE FESTIVAL FOR ASSISTANCE IN CONNECTION WITH THEIR UPCOMING FESTIVAL. ------------------------------ -------------------------------------- Mayor Suarez: Item 98. Mr. Odic: Item 98, Mr. Robert is requesting $18,200 for the use of Bicentennial Park, and City service for the Fourth Annual Jamaica Awareness Reggae Festival, and we have to recommend that we do not fund this program, because we have no money. Mrs. Kennedy: How much are they asking for? Mr. Odio: $18,200. "r. 1P1=wmT- 1$11,V00 plas, or is that total? Mr. Odio: That's and City services. Mr. Plummer: And? - how much is City services? Mr. Larson Edwards: No, -it A& ,SIG,4 0. vh3rk da -his; the Lft7 2mvices. lir. Plummer: I'm just trying to understand. Mr. Edwards: It is just the City services. Mr. Odio: I'm sorry. Mr. Plummer: Is this a nonprofit organization? Mr. Edwards: Yes, sir, it is a nonprofit organization. Mr. Plummer: How many years have you put this on? Mr. Edwards: Four years. Mr. Plummer: And what profit did you make last year? 21r. Zdwards : Ve hsveLn't been able to make any profit through all the times the fees from the City have been... Mr: Plummer: Where is it going to be held? Mr. Edwards: Bicentennial Park. Mrs. Kennedy: How many people do you attract? Mr. Edwards: Well, last year, ve had about 40,000 people in the Park. It is the biggest Reggae festival in... Mrs. Kennedy: 400,000? Mr. 'Edwards: 40,000. Mrs. Kennedy: Oh. Mr. Edwards: It is the biggest Reggae festival in all of the U.S.A. Mr. Plummer: And how much do you charge admission? Mr. Edwards: It is free admission. Mr. Plummer: That's gone. No, I'm not kidding you. You are going to have to charge! You have 40,000 people, you don't need to charge but 50 cents a person. Mr. Edwards: We don't think they even want to pay 50 cents, you know. That would definitely reduce the... 231 June 9, 1988 Mr. Plummer: If they want to come have a good day for 50 cents a person and they don't want to pay that, tell them they got a bad day. Mr. Edwards: You see, that is going to raise our cost again, because then we are going to have to construct fences around to keep them out. Mr. Plummer: Well, hey, I'll shut up, but I don't know where we got the money. We don't have any money, so you can go ahead and talk. The Manager has stated for the record that there is no funds available. Mr. Edwards: The reason I asked the Commission... Mr. Plummer: Let me ask you, Mr. Manager - you know, I've talked to you in the past about the barricades from the Grand Prix. lir. Odic: (OFF MIKE) The concrete barriers. "r. Plummer: •Tars. Two iencw, -Irouifn't it be unart for this CitT... Z`m going to bring it up once again, to leave those barriers, and paint them properly, so that we could have some control over that park. In events like this, if they didn't charge but a dollar a person, they wouldn't need any City money. Mr. Odio: (OFF !LIKE) You need cranes, crews... ..AX_jrjt ors Yo, no. I am talking about ieavi� them there year around! Mr. Cdio: Oh, to leave them there? Mr. Plummer: To leave them there. You know, I am not trying to save Ralph Sanchez. I am thinking that he has to move them, at his is expense to bring them back, but more no, could we vse thus as twrriers to ==tral that Bicentennial Park? He's not going to charge us, I know. Mr. Odio: I am very familiar with Bicentennial Park, and if you want to control Bicentennial Park, with due respect, there is a very simple way to do it... Mr. Plummer: Well, if you control it, what I mean to say is, and there could be a gate where they could charge a dollar admission. Mr. Odic: There is very limited entrance to Bicentennial Park, because you have areas, for instance, if you. did it where the baseball fields are, that is totally fenced. Mr. Plummer: Well... Mr. Edwards: Well, it can't be held on the.baseball field, because then the crowd is going to trample the baseball field and the City is going to charge us for damages. Commissioner Plummer, one of the things I'm really concerned about... Mrs. Joanne Holtshouser: (OFF MIKE) Let me say something. fir. Odic: :call, why don't they bold it right after the Grand .Prix, and ther. art... Mr. Edwards: The manner in which the fees from the City keeps just rising astronomically each year. Mr. Plummer: We understand that. Mr. Edwards: And you know, it's difficult, this is our biggest item we pay out. Mr. Plummer: I just paid $33,000 for my boat race for police, fire and security, and I know exactly what you are talking about. I paid $14,000 for Insurance, and $6,000 for medical insurance. I know exactly what you are talking about. Mr. Edwards: Well, we know the City supports a lot of other events and we are trying... 232 June 9, 1988 INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Edwards:... and we are wondering, you know, if the City couldn't somewhere find it possible to come in and support us. Mr. Plummer: How much is the rental? Mr. Odiot $17$. Mr. Plummer: I'll be happy to move the rental fee for you. Mayor Suarez: Joanne, did you want to say something on this item? Ms. Joanne Holtshouser: Yes, I'd like to put it on the record again that we need a place within the City of Miami where these events can be gated events for several reasons. They can then charge money, they can then control beer sales. and beer sponsors pay a lot of money. They can control the trawd, *hey can tontrol the food vendors, they can have entertsimment. And I offer, what I said before, not to you, Mayor Suarez, but to other people, if you would look at Summerfest in the City of Milwaukee, I'll be glad to put you all in touch with the people there. They have their own festival grounds, which they use and make money, and they lease to other nonprofit groups and make money. I offer it to you. It is on the lake, and it is filled, not during the winter s►cnths, but Ws sauld -till AL_L2 --ths out Zf the nss. I':d lsre to Work With yaps an 41. and 3st'a put these groups there and let them make their money. fir. Plummer- Where is that? Ms. Holshouser: Summerfest in Milwaukee. Wisconsin. It is on the lake. Mayor Suarez: Nov do they restrict assess? Ms. Holshouser: It is fenced in. It is owned by a nonprofit corporation and it is totally fenced. Mayor Suarez: Yes, that is the problem. We'd have to find a site that we would not mind fencing in, because the other day I saw the fences over at the Bayfront Park Amphitheater, and that is just the worst thing in the world to see those over there like that. Jig. Holshouser: Well. I grant you, but' one way or the other, the City of Miami is going to have to do something about festivals. iisTor Suarez: -Yes, there may be some property that right now the ideal kind of shape, that fencing it in is not going to make it much worse than what it t is. I can think of one right off the bat, right by the. bay over there, the FEC property. Ms. Holshouser: I'd be happy to help out, if you all want me to put you in touch with the right people. Mayor Suarez: Yes, the FEC property being fenced in wouldn't make it much worse than what it is already. Mr_ &1==ers ;tow such you talking about over there? Ms. Holshouser: It will pay for itself and it will pay the City. Mayor Suarez: Thank you, Joanne. Mr. Edwards: The thing about it, in 1985, when we, you know, went over and used Bicentennial Park, nobody was ever using it. It was like a dump site, and because of our events, I mean, everybody is using Bicentennial Park. Mayor Suarez: Yes, we are getting quite a few events over there now. Mr. Edwards: Right, and you know, we opened up Bicentennial Park. Mayor Suarez: And now everybody wants it for nothing, yes- Well, unless somebody is ready to make a motion, we've got to go on to the next item. Thank you for your presentation, sir. 233 June 9, 1988 - -------------------- ____ --------- --------- MMZZM===*�� 68. DIRECT CITY MANAGER TO COMMENCE THE PROCESS TO HAVE THE D.A. DORSEY LIBRARY DECLARED A HISTORICAL SITE. Mayor Suarez: Item 99. Dr. Bill Perry: Thank you, Mr. Mayor and Commissioners. My name is Bill Perry, I am presently the chairman of the Overtown Advisory Committee. You probably are going to hear a lot coming from Overtown now. There seems to be a lot of interest in the community, relative to what is happening in that area, and what is not happening in that area, but this evening I come before you as the great grandson of slaves, descendents who were brought here, descendents of people who were brought here in chains and shackles, who had no choice in coming into this country; also descendents of people who explored South America sad Central America, centuries before Columbus got lost and came up with his so* -called discovery of America. There is irrefutable evidence that Africans landed in Central and South America, as explorers, sailers, scholars, tradesmen, artisans, centuries before other folks set foot on this soil. The African heritage presents a panorama of skills. from building of the pyramids to tillers of the soil. These same skills brought to this land In bondage were used to provide the labor that built this great nation. Our achievements have cbeyondu one muscle and b�raim to izcr*Aible esplaits of intelligence. tacbm logy, smfl buman kind. As we look at Overt rnm and other sections of this community, I often wonder how we as a people have gone from builders of pyramids and to creators and dwellers of ghettos. I cannot help but think that some of this is by design. If we look at the history of communities like Overtown, we recognize that the City and County has used such areas to get monies from the Federal government to do other kind of things in this community that have nb direct benefit on the res"OntS of Overtown. I try to put all of this in some historical perspettive because VTO coming to you today to talk about a dwelling, a place in this community, a facility, that was deeded to you, that you once used, and have allowed it to become used as base house, or crack house. One member of this family came before this Commission and spoke on a Thursday evening and the building had never been damaged before, but it was rather odd that after she spoke, that same week, the place was torched. Now, that's your building, and you heard Barbara Wade talk about the evidence of gangs in this community and Barbara has been talking it a long time. She is one of the most knowledgeable people in this country relative to gangs, and just as an aside, one of your problems is, that Miller taucbed on At is barbare is not a... officer, ghat do Tou call it? Air. Dawkins: Sworn officer. Dr. Perry: She is not a sworn office, and when a non -sworn officer tries to tell sworn officers what to do, that's a problem, so that's one of the problems in your department. Here is a sister that came out of the history of the Pen stone Gang in Chicago years ago, and is trying to bring you some information and knowledge that can be useful to you, but there are some problems in the Police Department, but I think, what she was alluding to and what I am trying to get to, there is some connection that if young people have a sense of who they are and some sense of their history and recognize that at one time that they were a great people, then they would not seek the kinds of alternatives that they seek. We wouldn't eve the gangs out there iA the streets,-aiid we wouldn't have the drugs in the street, so what I am talking about, again to address that problem, indirectly. But let me just share a bit of the history with you, that ties in to what I am talking about, relative to African -American history and African history. There is a connection, but I can't do it all tonight. In 1936, there was a lady in this town named Anne Coleman, I understand, and there was no library in this community for African - American children and adults. Sister Coleman had a building beside her house that was used as a grocery store and she began to use that building as a library, had books there that kids came and read and adults came and borrowed and made use of, and that library became known... and she was a member of the Garden and Civic Club of this community, which still exists. That building at 2059 NW 6th Court became known as the Dunbar Library. In 1938, it became an official branch of the City of Miami Public Library System. Now, this building got so much use and it became necessary for Mrs. Coleman to go to a gentleman in this community, who happened to have been an African -American, had some money, wealth, and convinced him to put up a building to be used 234 June 9, 1988 exclusively for a library for those persons in this community that not have access to it. That was D. A. Dorsey, and in 1941, that became the Dorsey Mem;rial Library, located at 17th Street and 1st Avenue, NW, near a park, you understand, it's called Dorsey Park. When the Homestead... was it the Homestead Giants and the Kansas City Monarchs, all Negro baseball league used to come in and play baseball. If you ever talk to some of the gentlemen that used to live in Overtown, let them tell you about the times they went to Dorsey Park and watched those baseball games, the Negro baseball league. Let them tell you about the times they used the Dorsey Library on that corner. And for your information, it was the first City owned building built exclusively for the purpose of a public library. It was your library, you accepted it. In 1961, that library got so much use, it was necessary to relocate to the Dixie Park branch library, at 350 NW 13th Street, and subsequent to that, in 1983, the County Commissioners passed a resolution naming that library the Culmer-Overtown Library branch. I am just trying to share with you the significance of that building that you have allowed to become just a waste house. It is your property, and I am here today on behalf Zf evvaral people sitting la the audience and the Ovtrtorm Advisory Board, to encourage you to do something about that facility. It Is sr important part of our past. The young people in Overtown need to have something to relate to that is a part of our history. It is crucial at these times. We have been circulating petitions and I am not ready to share them with you yet, it is a unique kind of petition because we are not asking for voters to sign them, so It might not turn you on. We are just asking for African -Americans in this community that deer Avertoam to , be important, to Tat the issme -a the dotted line .to let you know because they think a lot of their community. So what I as really here to ask you to do, but before I do that, I rant you to know that I am also a supporter in the Overtown Advisory Board is supportive of the next item on the agenda, which happens to be the Dorsey House, that's all a part of Overtown too, but there are several kinds of things we are asking for, number one, we are asking that you immediately begin to secure that facility. Don't let it deteriorate any more. It is too much a part of oar past. Mrs. Kennedy: Does the City own the title, in fee simple to this property? Mr. Plummer: Yes. Dr. Perry: Certainly. Mr. Fernandez: Yes, it does. Dr. Perry: It does. I am asking you to not let a part of our heritage to continue to deteriorate, to secure that facility. Secondly, after you secure It, I'm asking, that you restore it. It is historical. It has significance - it might not be important to you, but it is important to us and our children. And after you begin to restore it, we are requesting that you place it on the Miami City Register of Historical Sites. Then, beyond that, it would be interesting, I am not asking for money, I am just asking you to take care of your own. Then, beyond that, it would be nice if you could perhaps allow community organizations to submit proposals of how they could use that property and make it a self supporting piece of property, so we wouldn't be down here every year, asking for another few dollars to maintain that facility, because I think there are people in this community that have creative ideas, as to how to use it, and it can become self supporting, so I ask that you, you know, do this because at,time,,right now, I wouldn't doubt if ,.there would be some people in that house free -basing this evening. So, I encourage you to move on it as quickly as possible, and it would be nice if you would take some action tonight, or at least, directive to staff and direct staff to move on items that are being requested. I thank you very much. Mayor Suarez: Thank you, Dr. Perry. Are you going to address the same issue? Dr. Dorothy Fields: yes. Mayor Suarez: OK. Dr. Fields: Dorothy Fields, founder chief archivist of the Black Archives History and Research Foundation. Mayor Suarez, members of the Commission, very briefly, I just want to add some historical points to what Dr. Perry has said. Let me read from the packet of information that I've given each of you. I've highlighted some things and I would appreciate it, the community would appreciate it if you would look at them. "And it came to past, that after a 235 June 9, 1988 while the artist was forgotten, but the work lives." And I am reading now, briefly, from an article that was written over 40 years ago, and it says, and I quote: "Ground breaking ceremonies for erection of the Washington Heights Library for colored citizens took place last Sunday. That occasion, the heavens to weep for joy. About 200 persons attended the ceremony. Four of our City of Miami Commissioners and their wives were present, with each taking his or her turn in turning a spade of dirt." Let me just stop for a minute there and say that for white men to take their wives into colored town in the 40's was indeed some big deal, enough so that they put it in Mr. Plwmner's favorite, The Miami Herald. Judge Stoneman was the editor then, Marjorie Stoneman Douglas' father. And so the four white Commissioners from the City Commission attended with their wives. Also, Mayor Reeder, who was the Mayor of the City of Miami at the time, made a brief but telling 4Peech. "The late D.A. Dorsey. donor of the land, was remembered in the final prayer.' because he had died by this time. "Mrs. Guyton deserved the lions share of the praise for bringing to pass the first step in our library erection. And she deserves much credit for the increasing improvement of race relations." So this building, although Dr. Perry 'said he doesn't know whether or not you would feel it is a part of your history, understand, and you would not know from this article that !Mrs. Avery Guytom was then I think president of The !lismi stamens.,, club, which of zWw". �Ws tte sent* s3ub inr Whits ttaglo women at the time. And the article continues: `White people are not afraid of Negroes as they used to be. Whether white or colored, law abiding citizens are harmless." And then the articles continues, and you have a copy of it now, in your package, so you can see it. The article continues and says: "And of course, Mrs. Annie Coleman is the woman behind the gun and Dr. Hawkins..." who was a Black dentist: too must be breathing a sigh of relief. To those who believed that it was not going to be done, we are glad to proclaim that the work has actually begun." And so this building that you see on the front, is the Dorsey Library, which is really near 20th Street, and if you are coming from the north, and not using the expressway, it can be considered the gateway to the Sports Arena, because if you are coming from the north and you don't use the expressway, someone said you might make a wrong turn into Overtown, and we say, it will be a right turn! I said that at Ocean Reef the other day. !Mayor Suarez: Thank you, Dr. Fields. Dr. Fields: It will be a right. turn. and so we want you to understand, that clearly when the building was constructed, it vas the intent of the Mayor, the Commissioners and citizens to construct this important building and preserve It for future generations. This building qualifies for the City Register. It was never nominated, because when we wanted to do it, the City of Miami was at that time, not accepting individual nominations, but only doing it for the district, and no, we are asking now that it be nominated because the City owns this, so the City will have to nominate it, and certainly the Black Archives will support it with the information that we have. We are also asking you to set up a blue ribbon committee composed of community representatives. as well -vf representatives of local eolliages and universities, including the School of Architecture and Urban Planning, and The School of Business, to make recommendations for the restoration of the Dorsey Library and to review proposals, as Dr. Perry had said, from groups interested in relocating into the Dorsey Library, with the understanding that they not only have a program, but a financial plan, so that this important building can be continued. Mr. Dawkins: Bill, we sit here and when this Commission sees fit to give zoning variances, we usually see that the individuals who receive the zoning variances, give something to the City, and I think it is about time that the Overtown committee demand that when we give a zoning variance, or something in the Overtown/Park area, that those individuals make a contribution to that area and maybe one of the best first things we should attempt to get some contributions for, would be this house. Dr. Perry: Absolutely, I agree with you. We have Decoma Venture and The Miami Heat, which are going to have a tremendous impact on that community, but 236 June 9, 1988 they also need us for protection, so I would start off by using your support to try to get some benefits from The Heat and from Decoma Venture. Mr. Dawkins: And now, another thing, Bill, don't you, or any of them, let everybody forget that the arena is in Overtown/Park West. Nine parcels of land was designated to be redone as Overtown/Park West, and the first one finished is the arena, but nowhere do you see Overtown/Park West Miami Arena, OK? Dr. Perry: Absolutely. So, Brother Paul and the Overtown Advisory Committee tend to remind them of that when they opened. Mr. Dawkins: Well, Brother Paul is going to go to jail, if I can help it, OK? All right, now Brother... Dr. Perry: Don't lock him up yet, Miller, because we... ". Zwkins: -ies, well Brother.Paul has to understand that other peopled got the i� igt" and rottmr Paul isn't ttm va3y s one atft]td to fife, litert7 pursuit of happiness. Dr. Perry: Well, what we need some of is people to help us with Decoma Venture and The Miami Heat, to wring some money out of them into Overtown, because they don't respond too kindly to us. We tried. But coming back to my question, though, taa we g,at JUNO AcLiaa cm.ths'raquasi of hem fie• *myor Suarez: We are about to... is there any interest in the Archives taking the property? Dr. Fields: Not at this time. I mean, we, first of all, the Archives could not do it alone. My answer to him is that we could not do it alone. Mayor Suarez: OK. Dr. Fields: If the City was interested... Mayor Suarez: Let me rephrase the question. Supposing that we gave sufficient instructions to the City Manager to secure the property; that obviously involves some expenditure, and then work with you to possibly deed the property over to you and create the blue ribbon panel and all the other things that you suggested. Mr. field: We would still ask for your continued assistance. liaror . Suarez:. Yes. I suspect it is not going to be quite as easy � as just deeding it over, but it is a start. Dr. Fields: That's correct. And then again... Mayor Suarez: And I want to get that property secured right off the bat, because it should not be used for.... yes, Bill, you don't agree with that? Dr. Perry: I agree with that. I think what would help a lot, is your leverage. We don't necessarily need money out of the taxpayer's dollars. I , liayor. Suarez: No, no. we will do... Dr. Perry: We could leverage the Commission... Mayor Suarez: Right. Dr. Perry: ... with the developers to put the money in there. Mayor Suarez: We ought to probably look at that trust fund that we have got for housing too, from Brickell. I don't know if any of that money can be spent. Dr. Fields: Point of clarification, you cannot deed it. Mayor Suarez: I'm sorry? 237 June 9, 1988 Dr. Fields. The City owns it, but you cannot deed it. It has to be... come explain, please. This is the... Mayor Suarez: Mr. City Attorney, can we deed the property if we wanted to? Mr. Fernandez: The City owns the property, so the City can dispose of the property as it sees fit. Mayor Suarez: We are not going to get into a legal argument, but I will entertain a motion to secure the property, and have the Manager make a recommendation to us at our first meeting in July as to whether we can deed it to the archives, and/or work to set up a blue ribbon committee that you suggested, Dr. Fields, and try to restore this property. Mr. Dawkins: Mr. Mayor, the only thing I got wrong with blue ribbon, now, we are coming down here just like white folks. Blue ribbon committee to study what? We know what we need out there. We don't need no damn blue ribbon enmmitt:e to come tell us what to dal And now we down here just like white folks, give ins -a blue r3bbem so®mittes. rM ghat? You tsow what needs to be done with the building. You don't need no committee to come back and tell you that this is what has to be done with that building. As Bill said, we need some money to make the building usable, OK? Now, if you make it usable, you either make it usable as a museum, you make'it usable to teach ballet, or you make it usable for something. You want to get a blue ribbon committee, you'll be studying it for IS maths and you irta'i gaisle to_ bavA nothing done. That Is my Xqinion. Sr. Fields: !filler, we would ask that... we need to get the colleges and universities. Again, we see this as a... Mr. Dawkins: Well, then you get a blue ribbon committee together and you have the blue tlbban committee tell you wbat to do. .Dom'i have the Co-' csion tell you about a blue ribbon committees Mrs. Kennedy: OK, would you like to move... forget the blue ribbon committee now. Would you like to move to get back to the Manager, let them work out a solution, if we can deed it, work together with them in project, and come back to us. I think it is a wonderful idea that we can work together on. Mayor Suarez: Secure the property to the extent that it is not. Mr. Dawkins: And I will work with the Manager. OK, no problem. Mrs. Kennedy: And -I'll -second that'motion, if you want to do it. Mr. Dawkins: No problem. Dr. Perry: Don't forget the Historical Register, now. Mr. Dawkins: No, let's get it fixed first. Let's get it fixed first, then we can make it historic. Dr. Fields: While the City owns it, we would ask immediately that the City nominate it to the City Register, and that would be Joyce Meyers, and Sara Eaton. fir. Dawki": Nothing can be destroyed, Dorothy,' unless this Commission votes on it, OK? Now, a lot of people out there don't want their homes declared historic, and we are not going to declare it historic, but I'm sure that Dana is not going to complain if we declare this historic, and you don't need but three votes on this Commission to declare it historic. Dr. Fields: All right, now, the City owns... we are talking about the Dorsey Library, and the City owns it, so by resolution, the Commission would have to may that yes, you wanted it declared historic. You are talking about the library? Mrs. Kennedy: Yes, that is what I am saying. If you want to make a motion, I'll second... Mr. Plummer: And put it in the ownership of the Black Archives. 238 June 9, 1988 Dr. Fields: Well, that's another step. The historic is one thing. Mrs. Kennedy: Work it out and come back to us next month. Dr. Fields: it being historic is one thing, and there is enough evidence for that to be presented to the... Mayor Suarez: is the Commission ready to vote on designating it as a historic site? Mrs. Kennedy: I am. Mayor Suarez: OK, is that part of the motion? Mr. Plummer: Dana, are you in agreement with that? !Mayor Suarez: It cannot be demolished, because it is... 14r. 'Davktim- "aw >re Iva lgv :g to -weke v=etfitv%- Mstvric that Tau baoe not bought up to a condition that is usable? You want to make a site where a building is partially destroyed and say that is historic? Dr. Fields: Yes. yr. Dawkins: Than who .... all right . Tau till . ZMM... I `s sat Nouns for that, because... Dr. Fields: No, and it is not feasible, Miller. Mr. Dawkins: ... ain't no way in the world I am going to make a... Mrs. Kennedy: All right, Ast's order the City Manager to start the -process to make it historic. Mr. Dawkins: If you are telling me that you want me to bring it up to standards and then declare it historic, you got me. If you are telling me that you want to make sure that we don't destroy it and that we bring it up to code and after we get it up to code, then declare it historic, you got me. But I can't sit up here and vote with you to take a piece of land where a building on it is half destroyed and declare it historic! Mrs. Kennedy: OK, let me try something else. Dz. Fields: Miller, we are talking about two different issues. Dorsey House, which you are reading on this paper, has already been declared historic. So we are talking about the library, which is in a lot better shape, although it is gutted inside, it is still in much better shape, and needs that historic designation, you know, so that it won't be demolished. Mrs. Kennedy: If Commissioner Dawkins would like to order the City Manager to start the process and make it a historic house, I'll second that motion. Mr. Plummer: I saw it on TV here the other day, it was an absolute disgrace. Mr. Dawkins: So moved, if that's what they want. lMrs. Kennedy: Second. Mayor Suarez: Moved and seconded, as to the library. Mr. Dawkins: Call the roll. Mayor Suarez: Call the roll on that designation. 239 June 9, 1988 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 88-566 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO COMMENCE THE PROCESS TO HAVE THE D.A. DORSEY LIBRARY ON 17TH STREET AND 1 AVENUE NW DECLARED A HISTORICAL SITE. 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 Mstar Yavlet 1.. Suarez NOES: None. ABSENT: None. �., . DI1LEc! an RMAGER ''0 STOP. TMMITIOIQ VFaW FOR TM MtSEY ROUSE FOR 160 DAYS - AND TO ENSURE NO ACCESS TO SAID PROPERTY. Mayor Suarez: What else do you need from us? Dr. Dorothy Fields: The Dorsey House. Mayor Suarez: As to the Dorsey House, what do you suggest? Dr. Field: The Dorsey House, located at 250 NW 9th Street. The issue is that the Unsafe Structure Board has gone ahead and issued demolition orders and we now have what we didn't have before, and that is a construction crew and an urban planner who are with us tonight, who have agreed to go ahead and to stabilize it, to submit construction plans, and to renovate the building, and so we are &&icing the Commission to halt demolition of the Dorsey House by entering into a covenant with the black Archives Foundation for 190 days to give us time to stabilize it. Mayor Suarez: I'll entertain a motion to that effect, giving you an opportunity to stabilize it. Mr. Plummer: Let me ask you a question. Dorothy, you appeared before Metro the other day. What did you ask for? Dr. Fields: The very same thing, because it was... Mr. Plummer: What about the $30,000? _-2r. fields: fie didn't got into money. t, Mr. Plummer: You ask for it. Dr. Fields: No, we did not ask for any money. Mr. Plummer: They told you to come to the City of Miami and get $30,000. Dr. Fields: No, no, no. Well, we on there to ask for funds, but we didn't because... Mr. Plummer: And what did they tell you? Dr. Fields: Let me answer. The letter requested, as yours did, funds, but the Immediate question, because our time had run out, with the Unsafe Structure Board, the immediate issue is stop halting the demolition, so we didn't get any further with them, and in fact, Barbara Carey... it was referred to 240 June 9, 1988 Barbara Carey's committee for funding, after we get the order stopped for demolition. Mr. Plummer: Did they not tell you to go to the City of Miami to get your $30,0007 Dr. Fields: No money. Look at the transcript, there was no money discussed. Mr. Plummer: I watched it on cable the other night. Dr. Fields: There was no money discussed while I was up there. Mr. Plummer: But they told you to go to the City of Miami. Dr. Fields: For to stop the demolition. That was Ginsburg, the City Attorney, who answered, but no money was discussed. We were there for money... lit.. T1�ner: It is jest a very zwux_ontttrr vt !letrvpolitan Ztade County sends people to the City of Miami to get funding. Dr. Fields: Understand though. Mr. 2111mmex... Mr. Plummer: They are like the Chamber of Commerce, they give you a lot of 14, but no•soaey. Dr. fields: ... the issue is for stopping of the demolition, asking this Commission to enter into a covenant with us for 190 days. We have... Mr. Plummer: I have no problem with it. .Dr. Fields: _ . let �A& ; -t-0,41.— you .to Mr..Ted 1.y=5. adsa is the executive director of the Carey Technical Institute. They have agreed to provide the construction plans and to do the work. We have... Mr. Plummer: Free. Dr. Fields: Yes. We have materials that are being donated and although it is a historic site, it is going to take a little time, we are asking. Now, let me ask... oh, I am sorry, go ahead. lie. Plummer: I'll move It. We're moving to stop the demolition for 190 days. Dr. Fields: By entering into a covenant with she Black Archives. Mr. Fernandez: 180 days. Dr. Fields: 180 days. Unidentified Speaker: 180 days, that is a good number. Mayor Suarez: Does that need to be done in the form of a covenant? Dr. Fields: That's my understanding. Ed Knox is here. He will... Air.Rl: rs librothy, you will have to indeamify the City .from liabilities, since we are stopping, if anyone were to get hurt, you are going to have to give an indemnification to the City. Dr. Fields: What does that mean in terms of... Mr. Plummer: That means if somebody goes on that property and gets hurt, and says, "City of Miami, you stopped the demolition. Had you not done that, I wouldn't have got hurt," and they sue the City, you are going to have to assume the obligation of... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Well, no, the indemnification, if we stop the demolition of an unsafe structure, and somebody goes there and gets hurt, I don't think the City of Miami should have to pick up the tab or the award, if given by the courts. There is a potential liability if we stop that structure, which has been declared unsafe. 0 241 June 9, 1988 INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: You've got to indemnify the City. Mr. De Yurre: Where is the deep pocket? What if they don't have anything to indemnify us from? Mr. Plummer: Well... Mr. De Yurre: We get stuck anyway. Mr. Plummer: ... deep pockets means that you could be out and you know and 1 know, $1,000,000. Mr. De Yurre: Well, the indemnification isn't going to do much for us. A{ayaz. Suarez:.• Uhat effect does it have if we do this vis-a-vis the unsafe Structures Board? What sffert •iil It ?tarts in to them? ihit,• tit me see, if I may, Madam Vice Mayor. Before we get into the issue of liability, I want to know what effect it has. Mr. Fernandez: Ed Knox has reported on how far he has proceeded. I believe that there is an order from the Unsafe Structure Board of Dade County. Now, the question is, whether the CiLy.•Co—issiaa.aaa-delay acting am Zhmct order, mad the arder is as order to demolish? firs. Kennedy: Shays what I... Mayor Suarez: That's the question. I wonder what the answer is? 11r. Plummer: hare, you know what the County did? The Lounty. referred it to committee, which they maid in"effect would take 18D days, right? Dr. Fields: But, no, no, that was for funding. Ginsburg was the one who answered me as for as the demolition was concerned, and his answer was that it was now out of the jurisdiction of the County! Mayor Suarez: Dorothy, let me do this this way. We are going to move to instruct, how about this? - the City Attorney to take all legal steps to stop demolition for 180 days. That's the best we can do. .!lrs. Kennedy: I'm going to•sddress the Unsafe Structures Board next Tuesday, so I am willing to plead this case with the City Attorney. *r. Fernandez: Right. Mayor Suarez: Maybe if further procedures are proper, the Vice Mayor can bring that to their attention when she meets with the Unsafe Structures Board. Dr. Fields: Thank you, but my understanding, and Mr. Knox, would you help me with this, is that it now goes to the court. Please say something. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Air. Slssmoer: $o arhat do we do, we instruct lbs LYt7 Attorney? Mayor Suarez: Take all legal steps to... Mr. Plummer: If in fact, we can't do it for 80 days, to do it. Mayor Suarez: Right. That's right. Mr. Fernandez: right. Mr. Plummer: If you can't do it, you can't do it. Mayor Suarez: We can at least... no, no, at least then we can get a sense of this Commission to the Unsafe Structures Board so that they can take appropriate action, very possibly. Why could not that not be done? 242 June 9, 1988 Mr. Bdward Knox: Edward Knox, from Building and Zoning. The case has already been presented to the Unsafe Structures Board. They won't rehear the case. Usually in a case like this, what happens is, the property owners either appeal to Circuit Court against demolition for an injunction, or they work with our Law Department and enter into a covenant with the land. Mayor Suarez: Are we now the owners of this property? Mr. Fernandez: No, not of the Dorsey House. Mr. Knox: No. Dr. Fields: There's a covenant. Mr. Plummer: Well, doesn't the funding have to come from the City of Miami to do it? —Mr. -Enas. So do what? Mayor Suarez: That is what they always tell us. Yes, that is a good point. They always tell us all they do is order it demolished, or allow it to be demolished, but then we have to pay for it, so if we don't pay for it to be demolished, I don't see how it could be. M r . P 1 umme r : Ye s , What bappR,ns if .Zhe • !laaage.r CM 0 t iiad - L!r sissy f or 18 0 days? 21r. Odic: 'No, sol Oh, OK. That's right, I'm... Mayor Suarez: You can't find the money, Mr. Manager, for 180 days. Build that into the motion too. h • Mr.. Plummer: .1 mean. you know, that's a natural for you! It take you that long to... Mr. Odio: Well, it becomes natural, OK. Mayor Suarez: You are very good at that. Build that into the motion, Mr. Plummer, please. Mr. Plummer: What. Mayor Suarez: Build that into the motion. flafor Suarez: So City sooniea appropriated for the demolition... Mr. Plummer: No, no, no. I still have a problem with this indemnification, I'm sorry. I am very much concerned if someone were to get hurt in that structure between now and the time it is demolished. Mr. Fernandez: We will take that up in the covenant also when we meet to discuss of extending the... Mr. Ted Lyons: I am from Carey Technical Institute. We plan on securing the building right away, going in, and securing the building. As a matter of iaci, la the aestZZW1e of days, we plan em doing that. Mayor Suarez: OK, we will not put into effect the motion, bow about this?... Mr. Lyons: It is not secure right now. Mayor Suarez: ... we will not put into effect the motion until it is secured, then. That will hopefully eliminate our liability. But you are going to have to do it. When you any immediately, that means immediately. Mr. Dawkins: Can Ted legally go in there without being.'.. can Ted go in and do what he is saying? Mayor Suarez: If the owner lets him. Mr. Knox: The City, we have secured the property previously. The City has. 243 June 9, 1988 mayor Suaret: is it secure? I mean, secure secure. No chance of anybody going in there'd Mrs. Kennedy: It is secure. No, no chance, it is Secure. Mayor Suarez: Doubly, triple secure? Mr. Knox: We will make sure it is sealed, yes. Mayor Suarez: OK, well, take whatever steps are needed. I'li entertain a motion to that effect. Mrs. Kennedy: So moved. Mayor Suarez: So moved, seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Kennedy, who moved a U Adoption: MOTION NO. 88-567 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO STOP THE DEMOLITION ORDER FOR THE DORSEY HOUSE (250 NW 9 STREET) FOR 160 DAYS; FURTHER INSTRUCTING THE ADMINISTRATION TO MjSURE THAT THERE WJU AE MO ACCESS TO SAM 1R7PERTT • IN VRMM TO 2RD= . 3ffi:. LIZT AGAINST POSSIBLE LIABILITY. 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 Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. ------------------------------------------------------------------------------ 70. 'ACLTPT COlnnL1R`ED WORK: OCEAIO BAY CONSTRUCTION, INC. - FOR FORT DALLAS PARK PLAZA - PHASE II - 1986. ------ --- -------------------------- Mayor Suarez: Mr. Manager, you needed a motion on Fort Dallas Park, Phase II, final payment? I'll so entertain it. Mrs. Kennedy: Move it. Mr. Dawkins: Move it. !Mayor Suarez: Seconded, call the roll. The following Tesoiatien eras introduced by Commll simmT Remedy, who moved its adoption: RESOLUTION NO. 88-568 A RESOLUTION ACCEPTING THE COMPLETED WORK OF OCEAN BAY CONSTRUCTION, INC. AT A TOTAL COST OF $331,943.92 FOR FORT DALLAS PARK PLAZA - PHASE II - 1986 C.I.P. PROJECT NO. 331035 AND AUTHORIZING A FINAL PAYMENT OF $33,196.88. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: 244 June 9, 1988 AYES: Commissioner Victor De Turre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. ------------------------------------------------------------------------------ 71. APPROVE IN PRINCIPLE THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY TO UNDERTAKE DEVELOPMENT OF MEDIUM DENSITY RESIDENTIAL DEVELOPMENT ON FERN ISLE NURSERY SITE. Mayor Suarez: Item 114, we absolutely should do that because they need to ipsil �r 1Z. �t riiiaa J.51 b. ,i.t Lhia rrum i e e i an NAUZZ SO ,t t an It - Mr. Dawkins: Vhat is it? Mayor Suarez: It is Fern Isle is the... Mr. Dawkins: Move it. Mrs. llennedy: Jos=and . Mayor Suarez: !loved and seconded. Any discussion from the Commission? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-569 A RESOLUTION APPROVING IN PRINCIPLE, THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY A NOT -FOR -PROFIT CORPORATION, TO UNDERTAKE THE DEVELOPMENT OF A MEDIUM - DENSITY RESIDENTIAL DEVELOPMENT ON THE CITY -OWNED FERN ISLE NURSERY SITE AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES AND INDIVIDUALS, INCLUDING THE ELDERLY; FURTHER DIRECTING THE CITY ADMINISTRATION TO SIMMIT A PLAN AMENDMENT TO THE STATE OF FLORIDA FOR RECLASSIFICATION OF THE SITE AND ANY OTHER REQUIREMENTS NECESSARY TO MOVE THE PROPOSED DEVELOPMENT FORWARD; AND FURTHER DIRECTING THE CITY MANAGER TO CONVEY TITLE FOR THAT PORTION OF THE SITE REQUIRED FOR RESIDENTIAL USE BY THE SPONSOR/DEVELOPER SUBJECT TO CERTAIN TERMS AND CONDITIONS, AS CONTAINED HEREIN. (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: Commissiaaer Victor De Turre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 245 June 9, 1988 12. DIRECTION TO INSTRUCT DIRECTOR OF COMMUNITY DEVELOPMENT TO RESTORE FUNDS TO THE ALLAPATTAH GROUP. Mrs. Kennedy: One second please, while I have the Allapattah group here, I would like just to instruct Frank Castaneds to work out with them and see if we can restore the funds that they lost, the $13,000. Where is Frank? Mr. Manager, where is Frank Castaneda? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mrs. Kennedy: OK, do you hear me? To work with them and see if you can restore the funds that they lost. 73. BRIEF COMMENTS BY CITY ATTORNEY IN CONNECTION WITH THE MIAMARINA LAWSUIT. Mr. Fernandez: !!r. Xayor... Lhe City Attgraay has a sea:alntion for your consideration. We are requesting your authorization for the Law Department to fsrfag action, a lawsuit against... Mayor Suarez: But we've been sued. Mr. Fernandez: We have been sued and likewise we may need to counterclaim as well as, bring In third parties in the Miamariss, and ee need your... Mayor Suarez: And you need authority to... OK. Mr. Fernandez: In the Miamarina. Mr. Plummer: What are you talking about? Mr. Odio: Let me... lir. Plummer: I don't know what you are talking about. Mayor Suarez: The Bayside Marina. Mr. Odio: Let me... we Reed authorization so that the City Attorney can proceed to sue the parties that we feel are necessary to... Mr. Plummer: Who are the guilty parties? Mr. Odio: The architect and the engineers Mr. Plummer: You are not asking me to vote on that tonight? Mr. Odio: That is what he was asking. W. Fiwsser: I don't fie+e any report or anything on it. 246 June 9, 1988 • 1] ----------------- --- - ---- - --- ------------------------------ - - 74. APPROVE IN PRINCIPLE USE OF TWO ACRES OF FERN ISLE NURSERY SITE BY THE MUNICIPAL TRUST FUND CORPORATION FOR DEVELOPMENT OF A COMMUNITY SERVICE FACILITY -•CASA PROJECT" - WITH STIPULATIONS. Mayor Suarez: We are going to take up item 115, which is a companion to item 114. Please, I entertain a motion. Mr. Dawkins: Move it. Mrs. Kennedy: Move it. Mayor Suarez: Seconded, call the roll on 115. Madam City Clerk, please call the roll on 115. The following vesototion vas -iatrodnted by Coanniastoner Dsvki m, Vho moved its adoption: RESOLUTION NO. 88-570 A RESOLUTION APPROVING IN PRINCIPLE, THE USE APPROXIMATELY TWO (2) ACRES OF n[E CITY —OWNED FERN ISLE NURSERY SIM BY -MM . DUIQTLTPAL 'TV= TOUND . CORPORATION, A NOT -FOR -PROFIT CORPORATION, FOR THE VEQELOPMEN'T OF A COMMUNITY SERVICE FACILITY 1NOWN AS "CASA PROJECT"; FURTHER FORMALIZING THE CITY COMMISSION'S INTENT BY AUTHORIZING THE CITY MANAGER'S ISSUANCE OF A REVOCABLE PERMIT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR USE OF THE NOR331ERN PORTION OF THE SUBJECT PROPERTY FOR THE AFOREMENTIONED PURPOSE, SAID PERMIT TO COME BEFORE THE CITY COMMISSION EVERY TWO YEARS FOR RECONSIDERATION AND REVISIONS; FURTHER STIPULATING THAT SHOULD THE CITY ASK THE MUNICIPAL TRUST FUND CORPORATION TO VACATE THE SUBJECT PARCEL; THE CORPORATION WOULD FORFEIT ANY STRUCTURES AND/OR IMPROVEMENTS BUILT ON THE PARCEL BY THE CORPORATION; FURTHER DIRECTING THE CITY ADMINISTRATION TO SUBMIT A PLAN AMENDMENT TO THE STATE OF FLORIDA FOR RECLASSIFICATION OF 7M SITE. (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 x0ES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Hold it, wait. What is this? Mrs. Kennedy: We have 115. Mr. Plummer: Hold it. Mrs. Kennedy: Companion to 115. Mayor Suarez: Commissioner, we have a companion item to item 114, which is 115 and we are taking a motion on that. 247 June 9, 1988 Hr. Plummer: What is 115? 1 understand it is companion to 115. What the hell is 114? !Mayor Suarez: We approved it already. Mr. Odio: It is approving the issuance of a revocable permit for use of the northern portion of City owned Fern isle nursery site for the development of 12 acres of community service facility by the !Municipal Trust Fund Corporation, instructing the administration to proceed to submit a comprehensive plan snd toning changes. AT THIS POINT TF:E CITY CLERK CALLED THE ROLL A SECOND TIME. SEE RESOLUTION HEREINASOYE. 29= ND !M 281R WSLOSS TO CM MORE 72M CITY tSItlISSIOI. 22M WMTIHG WAS AWOGRM AT 9: 09 P.K. A271ST: ratty Hirai . X"isr A.. Sasaraz aATOIR 1 •ter. t ,l 1 �! • 248 June;9, 1988 ciry of nnianni DOCUMENT INDEX IAETM QATL. JUNE 9, 1988 F AW 1 OF DOCLNE f DENTMATION RETREVAL 00N N ALLOCATE $4,500 TO ACQUIRE A PORTABLE 16 MM MICROFILM MACHINE FOR POLICE DEPARTMENT. 88-488 AUTHORIZE PURCHASE OF TWO SCOTSMAN ICE FLAKERS MACHINES FROM SALOMON REFRIGERATION FOR DEPARTMENT OF SOLID WASTE. 88-489 ACCEPT BID: DOTHAN SECURITY, INC. FOR FURNISHING SECURITY GUARD SERVICES TO DEPARTMENT OF COMMUNITY DEVELOPMENT. 88-490 ACCEPT BID: ALISON COMPANY - FOR FURNISHING VEHICLE DECALS AND INSTALLATION OF DECALS TO POLICE BEHICLES FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/MOTOR POOL DIVISION. ACCEPT BID: BROWARD ELEVATOR SALES AND SERVICE - FOR FURNISHING ELEVATOR MAINTENANCE TO DEPARTMENT OF GENERAL SERVICES ADMINISTRATION. ACCEPT BID: WEATHERTROL MAINTENANCE CORPORATION - FOR FURNISHING AIR CONDITION MAINTENANCE SERVICES TO DON HICKMAN ADMINISTRATION BUILDING. ACCEPT BID: DOWNTOWN RADIATOR SERVICES, INC. AND LATIN AUTO GLASS,INC. FOR FURNISHING RADIATORS AND GLASS REPAIRS FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/FLEET MANAGEMENT DIVISION. ACCEPT BID: FEDAN TIRE CO. FOR FURNISHING TIRE RECAPPING SERVICES TO DEPARTMENT OF GENERAL SERVICES ADMINISTRATION. ACCEPT BID: PITNEY BOWES, INC. FOR FURNISHING ONE ELECTRONIC MAIL PROCESSING SYSTEM FOR USE AT CITY'S MAILROOM. ACCEPT BID: QUALITY'FIBERGLASS PRODUCTS, INC. FOR FURNISHING 250 DOCK LOCK BOXEX FOR THE DINNER KEY MARINA - PIER CONSTRUCTION PROJECT FOR DEPARTMENT OF PUBLIC WORKS. 88-491 88-492 88-493 88-494 88-495 88-496 88-497 �;1 DOCUMENT INDEX ACCEPT BIDS: STOCKLAND COMPANY AND L.P. INDUSTRIES INC. FOR FURNISHING TRASH RECEIVERS AND CONTAINERS FOR DINNER KEY MARINA - PIER CONSTRUCTION PROJECT. ACCEPT BIDS: ALLIED UNIVERSAL CORPORATION AND ASHLAND CHEMICAL COMPANY FOR FURNISHING SWIMMING POOL CHEMICALS FOR DEPARTMENT OF PARKS RECREATION AND PUBLIC FACILITIES. ACCEPT BID: TRS, INC. D/B/A/ SECPA FPR FURNISHING 12 ACOUSTICAL ENCLOSURE UNITS TO BE USED AT BAYFRONT PARK AMPHITHEATER FOR DEPARTMENT OF PUBLIC WORKS. ACCEPT BID: MIAMI STAGECRAFT, INC. FOR FURNISHING PORTABLE DANCE FLOOR FOR BAYFRONT PARK AMPHITHEATER FOR DEPARTMENT OF PUBLIC WORKS. EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH 13 NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS FOR CONTINUED IMPLEMENTATION OF ECONOMIC DEVELOPMENT PROGRAMS. EXECUTE AGREEMENT WITH NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. TO CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON,D.C. BY MR. MARK ISRAEL. AUTHORIZE EXTENSION OF AGREEMENTS: (A) MANUEL G. VERA & ASSOCIATES,INC. (B) WEIDENER SURVEYING AND MAPPING P.A. (C) E.R. BROWNELL & ASSOCIATES,INC. (D) H.J. ROSS & ASSOCIATES, AND (E) FERNANDO Z. GATELL P.L.S. INC. - IN CONNECTION WITH CITY CONTRACTED CONSTRUCTION PROJECTS. RESCIND RESOLUTION 88-292-ENTER INTO AGREEMENT WITH ENVIROCARE, INC. TO PROVIDE EMERGENCY ENVIROMENTAL SERVICES IN CONNECTION WITH GROUNDWATER CONTAMINATION PROBLEM AT THE SOUTH DISTRICT (LITTLE HAVANA) POLICE SUBSTATION. GRANT $30,000 TO CITY OF MIAMI YOUTH BASEBALL ACADEMIES, INC. IN SUPPORT OF THE 7TH ANNUAL YOUTH BASEBALL WORLD SERIES. PAW._ OF. RETREVAL CODE NO. 88-498 88-499 88-500 88-501 88-502 88-503 88-504 88-505 EI151i11 4p lws DOCUMENT INDEX APPROVE COST SHARING CONTRACT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR RETRO FITTING STORM WATER BASINS WITHIN THE CITY. ISSUE REVOCABLE PERMIT TO CATHOLIC COMMUNITY SERVICES, INC. IMMIGRATION SERVICES FOR USE OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER TO PROVIDE COUNSELING AND LEGAL ADVICE ON IMMIGRATION PROCEDURES. APPROVE AND ADOPT THE CITY OF MIAMI COMPREHENSIVE ANNUAL REPORT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1987. APPROVE ONE YEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF 71 FOR EVELIO RIZO ACCEPT COMPLETED WORK: RIC-MAN INTERNATIONAL, INC. FOR CITYWIDE SANITARY SEWER REPLACEMENT PROJECT CIP PROJECT NO. 351170. ACCEPT COMPLETED WORK: MAN CON, INC. FOR OVERTOWN/PARK WEST SANITARY SEWER REPLACEMENT CIP PROJECT NO. 351280. AUTHORIZE ACCEPTANCE OF 65 DEEDS OF DEDICATION FOR HIGHWAY PURPOSES. DECLARE IMPROVEMENTS ON 1.5 ACRE CITY OWNED WATERFRONT PARCEL AS A UDP AUTHORIZE RFP FOR A UDP SET PUBLIC HEARING FOR SEPTEMBER 6, 1988 IN CONNECTION WITH DEVELOPMENT OF A NON- PROFIT OLYMPIC SAILING AND TRAINING CENTER TO BE LOCATED AT THE SOUTHEASTERLY PORTION OF DAVID KENNEDY PARK. AUTHORIZE STREET CLOSURE AND ESTABLISHMENT OF PEDESTRIAN MALL CONCERNING GRAND OPENING OF FIRE HOUSE 4 AND A CHARITY EVENT TO BENEFIT JACKSON MEMORIAL HOSPITAL BURN CENTER. ACCEPT FINANCIAL REPORT FROM THE FLORIDA INTERAMERICAN SCHOLARSHIP FOUNDATION REGARDING CITY'S GRANT IN SUPPORT OF JIMMY BUFFET BENEFIT CONCERT. 3 PAGE_ OP . RET'RE;VAL CODE NO. 88-507 88-509 88-510 88-511 88-512 88-513 88-514 88.-515 88-516 DOCUMENT INDEX PURCHASE THREE PUMPER APPARATUS, ONE QUINT APPARATUS, RELATED FIREFIGHTING TOOLS AND EQUIPMENT FROM YOUNG TECHNOLOGIES GROUP, INC. FOR DEPARTMENT OF FIRE, RESCUE AND INSPECTIONS SERVICES ($1,168,156.70). ACCEPT BID: MC LAUGHLIN GROUP - FOR FURNISHING 1,200 CLEATS FOR DINNER KEY MARINA - PIER CONSTRUCTION PROJECT FOR DEPARTMENT OF PUBLIC WORKS. EXECUTE AGREEMENT WITH SAN-AI-KAI, RICOH SANAI GROUP - FOR THEIR $330,000 CONTRIBUTION FOR THE RENOVATION OF THE CITY'S JAPANESE GARDEN. SET SPECIAL USE FEE AND EXECUTE USE AGREEMENT WITH FEDERACION DEPORTIVA NICARAGUENSE, INC. FOR USE OF BOBBY MADURO MIAMI BASEBALL STADIUM FOR PRESENTATION OF 60 AMATEUR BASEBALL GAMES THROUGH DECEMBER OF 1988. ORDERING RESOLUTION: LAWRENCE WATERWAY HIGHWAY IMPROVEMENT (DISTRICT H-4536) DESIGNATE PROPERTY FOR SPECIAL ASSESSMENTS. AUTHORIZE PAYMENT OF $50,000 TO INDIVIDUALS FURNISHING INFORMATION WHICH LEADS TO THE ARREST, APPREHENSION AND CONVICTION OF THE OFFENDER RESPONSIBLE FOR SHOOTING OFFICER JAMES HAYDEN. APPROVE ESTABLISHMENT OF A HOME PURCHASE FINANCING LOAN POOL, ALLOCATING $1.5 MILLION OF INTEREST INCOME FROM 1976 G.O. HOUSING BOND TO FUND IT. APPROVE AND ADOPT DEPARTMENT OF OFF- STREET PARKING FIVE YEAR STRATEGIC AND FINANCIAL OPERATIONS PLAN. CLARIFYING VOTE IN CONNECTION WITH PRIOR ACTION APPROVING CHARTER AMENDMENT NO. 2. CLARIFYING VOTE IN CONNECTION WITH PRIOR ACTION APPROVING CHARTER AMENDMENT NO. 4. • W 4 CW dI RETREVAL CODE NO, 88-518 88-519 88-520 88-521 88-524 88-526 88-52 9 88-533 88-5 34 88,535 DOCUMENT INDEX S..or DOCUMW DENTMADW RETR*VAL CODE NO ALLOCATE $21,804. TO CAREY TECHNICAL INSTITUTE, INC. FOR PURPOSES OF PROVIDING A JOB DEVELOPMENT/PLACEMENT PROJECT FOR CITY RESIDENTS. ALLOCATE $1,694,550. OF C.D. BLOCK GRANT FUNDS (FOURTHEENTH YEAR) AND $5,000 C.D. BLOCK GRANT FUNDS (THIRTEENTH YEAR) TO VARIOUS SOCIAL SERVICE AGENCIES FOR APPROVED SOCIAL SERVICE PRJECTS. AUTHORIZE ISSUANCE OF REQUEST FOR QUALIFICATIONS - IN CONNECTION WITH PROPOSED DEVELOPMENT OF AN APPROXIMATELY 250,000 SQ. FT.BUILDING TO BE OCCUPIED BY THE U.S. ATTORNEY'S OFFICE AND OTHER U.S. LAW ENFORCEMENT AGENCIES. APPROVE DRAFT OF PROPOSED CHARTER AMENDMENT (CHARTER AMENDMENT NO.1) TO PROVIDE FOR A FOUR YEAR TERM OF OFFICE FOR THE ELECTED MAYOR OF THE CITY OF MIAMI COMMENCING NOVEMVER 1989-SPECIAL ELECTION TO BE HELD SEPTEMBER 6, 1988. APPROVE ESCROW AGREEMENT BY AND BETWEEN SWIRE PACIFIC HOLDINGS, INC. VIZCATRAN, LTD., OCEAN BANK OF MIAMI, AND THE CITY OF MIAMI IN CONNECTION WITH PROPOSED DEVELOPMENT OF AN ELDERLY -HANDICAPPED HOUSING PROJECT. APPOINTMENTS TO AFFIRMATIVE ACTION ADVISORY BOARD (APPOINTED WERE: JOE BOLANOS AND LORI WELDON). APPOINTMENTS TO THE INTERNATIONAL TRADE BOARD (APPOINTED WERE:STUART SORG, WILLIAM MESSETT AND WILLIAM ALEXANDER), UATHORIZE ISSUANCE OF AN RFP FOR PROFESSIONAL SERVICES - CONSULTANT SUPPORT FOR CITY OF MIAMI VISIONS 2000 COMMITTEE. ACCEPT COMPLETED WORK: M. VILA AND ASSOCIATES, INC. FOR BUENA VISTA HIGHWAY IMPROVEMENT. PHASE II (BID "B"). CIP PROJECT NO. 341108. 88-5 38 88-539 88-540 88-541 88-542 88-544 88-546 88-549 88-550 DOCUMENT INDEX PACE.b.. CW ammooft • DOCUMENT DENM"nW RETREVAL CODE NO. RATIFY MANAGER'S FINDING OF SOLE SOURCE — WAIVE COMPETITIVE SEALED BIDS — APPROVE ACQUISITION OF SERVICE FOR DIGITAL ASSEMBLIES OF PORTABLE UNITS FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS INC. RATIFY MANAGER'S FINDING OF SOLE SOURCE — WAIVE COMPETITIVE SEALED BIDS — APPROVE ACQUISITION OF FIXED SITE DIGITAL ASSEMBLIES FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS., INC. INCREASE IN CONTRACT WITH MARINA POWER COMPANY FOR ELECTRIC METERS AT DINNER KEY MARINA. WAIVE CODE PROHIBITION AS IT APPLIES TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY AGREEMENT WITH HOLLAND AND KNIGHT TO RETAIN CHRISTOPHER KORGE. RESCHEDULE PUBLIC HEARING TO TAKE TESTIMONY REGARDING A UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF DESTINATION RESORT FACILITIES ON CITY OWNED WATERFRONT LAND ON VIRGINIA KEY (NORRIS CUT FILL SITE). APPOINTMENTS TO THE COMMISSION ON THE STATUS OF WOMEN (APPOINTED WERE: ANITA RAFKY, LUISA M. GARCIA TOLEDO AND CONCHY TRELLES BRETOS). SUPPORT METRO DADE COUNTY'S DECISION TO CO -DESIGNATE N.W. 7TH STREET FROM N.W. 57TH AND 12TH AVENUES AS "LUIS SABINES WAY". ALLOCATE $4,000. TO PROVIDE SCHOLARSHIPS IN SUPPORT OF THE 1988 SUMMER RECREATION PROGRAM (SUMMER CAMPS), WITH PROVISOS. DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP IMPROVEMENTS ON CITY — OWNED WATERFRONT PARCEL IS BY UDP AUTHORIZE PREPARATION OF RFP FOR DEVELOPMENT OF A NOT —FOR —PROFIT OLYMPIC SAILING AND TRAINING CENTER AT KENNEDY PARK. ALLOCATE $15,000 FOR RENTAL OF MIAMI MARINE STADIUM IN CONNECTION WITH THE POPS —BY —THE -BAY CONCERT SERIES. 88-551 88-552 88-55 3 88-554 88-556 88-557 88-558 88-561 88-562 88-563 4t DOCUMENT INDEX DOCUMENT DENT*=TM RETREVAI CODE NO ALLOCATE $21,804. TO CAREY TECHNICAL INSTITUTE, INC. FOR PURPOSES OF PROVIDING A JOB DEVELOPMENT/PLACEMENT PROJECT FOR CITY RESIDENTS. ALLOCATE $1,694,550. OF C.D. BLOCK GRANT FUNDS (FOURTHEENTH YEAR) AND $5,000 C.D. BLOCK GRANT FUNDS (THIRTEENTH YEAR) TO VARIOUS SOCIAL SERVICE AGENCIES FOR APPROVED SOCIAL SERVICE PRJECTS. AUTHORIZE ISSUANCE OF REQUEST FOR QUALIFICATIONS - IN CONNECTION WITH PROPOSED DEVELOPMENT OF AN APPROXIMATELY 250,000 SQ. FT.BUILDING TO BE OCCUPIED BY THE U.S. ATTORNEY'S OFFICE AND OTHER U.S. LAW ENFORCEMENT AGENCIES. APPROVE DRAFT OF PROPOSED CHARTER AMENDMENT (CHARTER AMENDMENT NO.1) TO PROVIDE FOR A FOUR YEAR TERM OF OFFICE FOR THE ELECTED MAYOR OF THE CITY OF MIAMI COMMENCING NOVEMVER 1989-SPECIAL ELECTION TO BE HELD SEPTEMBER 6, 1988. APPROVE ESCROW AGREEMENT BY AND BETWEEN SWIRE PACIFIC HOLDINGS, INC. VIZCATRAN, LTD., OCEAN BANK OF MIAMI, AND THE CITY OF MIAMI IN CONNECTION WITH PROPOSED DEVELOPMENT OF AN ELDERLY -HANDICAPPED HOUSING PROJECT. APPOINTMENTS TO AFFIRMATIVE ACTION ADVISORY BOARD (APPOINTED WERE: JOE BOLANOS AND LORI WELDON). APPOINTMENTS TO THE INTERNATIONAL TRADE BOARD (APPOINTED WERE:STUART SORG, WILLIAM MESSETT AND WILLIAM ALEXANDER), UATHORIZE ISSUANCE OF AN RFP FOR PROFESSIONAL SERVICES - CONSULTANT SUPPORT FOR CITY OF MIAMI VISIONS 2000 COMMITTEE. ACCEPT COMPLETED WORK: M. VILA AND ASSOCIATES, INC. FOR BUENA VISTA HIGHWAY IMPROVEMENT. PHASE II (BID "B"). CIP PROJECT NO. 341108. 88-538 88-5 39 8 8-5 40 88-541 88-542 88-544 88-546 88-549 88-550 Is DOCUMENT INDEX PAN L. OF . DOCt,ww conv C rw RETRE:VAL CODE NO, RATIFY MANAGER'S FINDING OF SOLE SOURCE - WAIVE COMPETITIVE SEALED BIDS - APPROVE ACQUISITION OF SERVICE FOR DIGITAL ASSEMBLIES OF PORTABLE UNITS FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS INC. RATIFY MANAGER'S FINDING OF SOLE SOURCE - WAIVE COMPETITIVE SEALED BIDS - APPROVE ACQUISITION OF FIXED SITE DIGITAL ASSEMBLIES FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS., INC. INCREASE IN CONTRACT WITH MARINA POWER COMPANY FOR ELECTRIC METERS AT DINNER KEY MARINA. WAIVE CODE PROHIBITION AS IT APPLIES TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY AGREEMENT WITH HOLLAND AND KNIGHT TO RETAIN CHRISTOPHER KORGE. RESCHEDULE PUBLIC HEARING TO TAKE TESTIMONY REGARDING A UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF DESTINATION RESORT FACILITIES ON CITY OWNED WATERFRONT LAND ON VIRGINIA KEY (NORRIS CUT FILL SITE). APPOINTMENTS TO THE COMMISSION ON THE STATUS OF WOMEN (APPOINTED WERE: ANITA RAFKY, LUISA M. GARCIA TOLEDO AND CONCHY TRELLES BRETOS). SUPPORT METRO DADE COUNTY'S DECISION TO CO -DESIGNATE N.W. 7TH STREET FROM N.W. 57TH AND 12TH AVENUES AS "LUIS SABINES WAY" ALLOCATE $4,000. TO IN SUPPORT OF THE RECREATION PROGRAM PROVISOS. PROVIDE SCHOLARSHIPS 1988 SUMMER (SUMMER CAMPS), WITH DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP IMPROVEMENTS ON CITY - OWNED WATERFRONT PARCEL IS BY UDP AUTHORIZE PREPARATION OF RFP FOR DEVELOPMENT OF A NOT -FOR -PROFIT OLYMPIC SAILING AND TRAINING CENTER AT KENNEDY PARK. ALLOCATE $15,000 FOR RENTAL OF MIAMI MARINE STADIUM IN CONNECTION WITH THE POPS -BY -THE -BAY CONCERT SERIES. 88-551 88-552 88-553 88-554 88-556 88-557 88-558 88-561 88-562 88-563 DOCUMENT INDEX PAGE.W. • I DommNT DENTFICAI'ION I RETRIEVAL CODE N0. ALLOCATE $250,000 FOR THE REBUILDING AND IMPROVEMENT OF THE RAILROAD CROSSING AT NW 1ST AVENUE AND NW 8TH STREETr-URGE METRO DADE COUNTY TO EXPEDITE REIMBURSEMENT IN ORDER THAT THE LAND SALE AGREEMENT FOR THE PORT BRIDGE MAY BE EXECUTED. ACCEPT BIDS: JUELLE, INC. AND TREE MASTERS, INC. - FOR FURNISHING DEMOLITION SERVICES FOR THE DEPARTMENT OF BUILDING AND ZONING. ACCEPT COMPLETED WORK: OCEAN BAY CONSTRUCTION INC. FOR FORT DALLAS PARK PLAZA -PHASE II-1986. APPROVE IN PRINCIPLE THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY TO UNDERTAKE DEVELOPMENT OF MEDIUM DENSITY RESIDENTIAL DEVELOPMENT ON FERN ISLE NURSERY SITE. APPROVE IN PRINCIPLE USE OF TWO ACRES OF FERN ISLE NURSERY SITE BY THE MUNICIPAL TRUST FUND CORPORATION FOR DEVELOPMENT OF A COMMUNITY SERVICE FACILITY "CASA PROJECT" WITH STIPULATIONS. 88-564 88-565 88-568 88-569 88-570