The URL can be used to link to this page

Home My WebLink AboutCC 1988-05-12 MinutesMINUTES OF MEETING HELD ON MAY 12, 1988 (REGULAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk INbEX MINUTES or REGULAR MEETING CITY COMMISSION OE MIAMI, rtbk#bA MAT 12, 1088 ITEM SUB.IECT LEGISLATION PACE NO. NO. 1, DISCUSSION 1 PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. 5/12/88 2. RESCHEDULE MAY 19, 1988 COMMISSION R 88=397 1=2 MEETING TO BEGIN 3:00 P.M, (SEE LABEL 5/12/88 53-A) 3. A. APPOINT OSMUNDO MARTINEZ AS CHAIRMAN M 88=398 2-6 OF THE BAYFRONT PARK TRUST. M 88-399 B. APPROVE THE BUDGET FOR THE BAYFRONT 5/12/88 PARK TRUST. 4, INSTRUCT ADMINISTRATION TO PREPARE A M 88-400 6=9 PACKAGE TO ENTICE A FRANCHISE OF A 5/12/88 MAJOR LEAGUE BASEBALL TEAM IN MIAMI, 5. A. CITY ATTORNEY TO PREPARE A LETTER TO M 88-401 9-28 NOTIFY CUBAN MUSEUM OF INVESTIGATION OF M 88-402 ALLEGATIONS MADE; M 88-403 B. INVESTIGATION ORDERED OF 5/12/88 ALLEGATIONS THAT CUBAN MUSEUM IS VIOLATING THE FEDERAL TRADE EMBARGO AND ITS NONPROFIT STATUS; C. CREATE COMMITTEE TO ATTEND CUBAN MUSEUM BOARD MEETINGS. (SEE LABEL 60) 6. CONSENT AGENDA 28-29 5/12/88 6.1 EXTEND CONTRACT WITH TCCA PAINTING AND R 88-404 LAWN MAINTENANCE COMPANY 5/12/88 6.2 ACCEPT BID: ADAPTO STEEL PRODUCTS FOR R 88-405 ' FURNISHING WARDROBE LOCKERS TO 5/12/88 DEPARTMENT OF FIRE 6.3 ACCEPT BIDS: LAWMEN'S AND SHOOTERS R 88-406 SUPPLY, INC. AND MASZK WORKSHOP FOR 5/12/88 AMMUNITION SUPPLIES r 6.4 AUTHORIZE PURCHASE OF PHOTOGRAPHIC R 88-407 SUPPLIES FROM PITMAN PHOTO, INC. 5/12/88 6.5 APPROVE PURCHASE OF MICROCOMPUTERS, R 88-408 LASER PRINTER, AND PERIPHERAL EQUIPMENT 5/12/88 FROM BURROUGHS CORPORATION, NOW UNISYS CORPORATION 6.6 AUTHORIZE EXECUTION OF AGREEMENT WITH R 88-409 CORONADO STUDIOS FOR MARKETING VIDEO OF 5/12/88 MOTION PICTURE INDUSTRY 6.7 AUTHORIZE EXECUTION OF AGREEMENT WITH R 88-410 CELLAR DOOR CONCERTS FOR USE OF ORANGE 5/12/88 BOWL FOR VAN HALEN CONCERT 6.8 AUTHORIZE EXECUTION OF AGREEMENT WITH R 88-411 FANTASMA PRODUCTIONS FOR USE OF BOBBY 5/12/88 MADURO MIAMI BASEBALL STADIUM FOR LYNYRD SKYNYRD CONCERT. 29 29 30 30 30 31 6.0 AUTHORIZE ACCEPTANCE OF GRANT FROM U.S. R 88-412 31 DEPARTMENT OF HOUSING AND URBAN 5/12/88 DEVELOPMENT (HUD) FOR $018,000 TO INCREASE AFFORDABLE STANDARD HOUSING 6,10 SCHEDULE PUBLIC HEARING TO TAKE R 88-411 32 TESTIMONY REGARDING THE MIAMI DESIGN 5/12/88 DISTRICT SPECIAL IMPROVEMENT DISTRICT 6.11 LULA BROOKS SETTLEMENT ($44,500) R 88=414 32 5/12/88 6.12 ACCEPT 38 DEEDS OF DEDICATION FOR R 88-415 32 HIGHWAY. 5/12/88 6,1S VACATE STORM SEWER EASEMENT IN RAY R 88-416 32 HARDY SUBDIVISION AND RETURN SAME TO 5/12/88 PRESENT OWNERS. 6.14 AUTHORIZE $10,000 PAYMENT OF CITY R 88=417 33 GENERAL OBLIGATION HOUSING BONDS TO 5/12/88 REPLACE LOST BONDS, 6.15 GOOMBAY FESTIVAL% CLOSE STREETS, R 88-418 33 BEER/WINE PERMIT 5/12/88 6.16 RENOVACION CARISMATICA CATOLICA R 88-419 33 HISPANA: APPROVE USE OF STREETS FOR 5/12/68 PROCESSION. 7. CONTINUE EXISTING CONTRACT WITH R 88-420 34-42 TOXICOLOGY TESTING SERVICES UNTIL JULY 5/12/88 1988; REQUEST BIDS FOR LABORATORY SERVICES TO PERSONNEL MANAGEMENT DEPARTMENT. 8. APPROVE FORM AND AUTHORIZE EXECUTION OF R 88-421 42-43 AMENDMENTS TO LOAN AGREEMENT AND 5/12/88 SUPPLEMENTAL LOAN AGREEMENT WITH SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION. 9. DESIGNATE CATEGORY "B" PROJECT THE R 88-422 43-48 ANALYSIS OF OLD CITY INCINERATOR 5/12/88 FACILITY; AUTHORIZE ADVERTISEMENT FOR REQUIRED PLANNING AND DESIGN SERVICES; APPOINT CERTIFICATION COMMITTEE (See label 11) 10. VIRGINIA KEY: UNIFIED DEVELOPMENT R 88-423 48-53 PROJECT AND REQUEST FOR PROPOSALS. 5/12/88 11. BRIEF COMMENTS REGARDING OLD CITY DISCUSSION 53 INCINERATOR FACILITY (See label 9) 5/12/88 12. EMERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE 53-57 PROJECT "ORANGE BOWL STADIUM 10433 MODERNIZATION PROJECT - PHASE I" 5/12/88 13. WAIVE BID PROCEDURE FOR CONSTRUCTION OF R 88-424 57-58 ORANGE BOWL STADIUM MODERNIZATION 5/12/88 PROJECT - PHASE I. 14, ACCEPT IN PRINCIPLE THE BURLE-MARX R 88-425 58-59 MASTER DESIGN PLAN FOR BISCAYNE 5/12/88 BOULEVARD. 15. EMERGENCY ORDINANCE: ESTABLISH NEW FUND ORDINANCE 59-60 FOR --JTPA/OLDER WORKER, FY187-18810 AND 10434 APPROPRIATE FUNDS FOR SAME. 5/12/88 16. EMERGENCY ORDINANCE: ESTABLISH NEW FUND ORDINANCE 60=62 "DHRS/ENTRANCE ASSISTANCE, FY '87-'88" 10435 AND APPROPRIATE FUNDS FOR SAME. 5/12/88 17. WITHDRAWAL OF PROPOSED SECOND READING DISCUSSION 62-63 ORDINANCE TO ABOLISH THE COMPUTERS 5/12/88 DEPARTMENT. 16, DIRECT ADMINISTRATION TO SAMPLE AIR M 88-426 63=64 THROUGHOUT CITY BUILDINGS TO TEST FOR 5/12/88 ASBESTOS. 19, SECOND READING ORDINANCE: ESTABLISH NEW ORDINANCE 65-66 FUND "COMMUNITY DEVELOPMENT BLOCK GRANT 10436 14TH YEAR" AND APPROPRIATE FUNDS FOR 5/12/88 SAME (See label 22) 20, (A) SECOND READING ORDINANCE: ESTABLISH ORDINANCE 66-68 THE MIAMI INTERNATIONAL TRADE BOARD. 10437 (B) APPOINT TONY ZAMORA, DARRYL M 88-427 SHARPTON, MARSHA SANDERS, LEE SANDLER, 5/12/88 HOWARD GARY, SATURNINO LUCIO, MANNY GONZALEZ, JOSEPH LORENZO, OSMUNDO MARTINEZ TO THE INTERNATIONAL TRADE BOARD (See label 23) 21. FIRST READING ORDINANCE: AMEND ORDINANCE 68-69 APPROPRIATIONS ORDINANCE TO ADD FIRST READING $201,255 FOR COMMUNITY DEVELOPMENT 5/12/88 BLOCK GRANT FUNDS. 22. (A) RECONSIDER PREVIOUSLY PASSED M 88-428 69-71 ORDINANCE 10436 ESTABLISHING NEW FUND ORDINANCE "COMMUNITY DEVELOPMENT BLOCK GRANT 10436 "14TH YEAR" AND APPROPRIATE FUNDS FOR 5/12/88 SAME. (B) REPASS AND ADOPT ORDINANCE: ESTABLISH THE MIAMI INTERNATIONAL TRADE BOARD (See label 19) 23. (A) APPOINT RAFAEL DIAZ-BALART AND M 88-429 72-73 PEDRO ROIG TO THE INTERNATIONAL TRADE M 88-430 BOARD (See label 20) (B) APPOINT 5/12/88 COMMISSIONER MILLER DAWKINS AS MEMBER OF THE INTERNATIONAL TRADE BOARD. 24. EMERGENCY REPRODUCTION OF PROGRAMS FOR R 88-431 73-75 MIAMI CONFERENCE ON INTERAMERICAN TRADE 5/12/88 AND INVESTMENT. 25. EMERGENCY REPAIR OF UNINTERRUPTABLE R 88-432 75-76 POWER SUPPLY SYSTEM AT COMPUTER 5/12/88 DEPARTMENT. 26. DIRECT CITY ATTORNEY TO PREPARE CHARTER R 88-433 76-77 AMENDMENT FOR SEPTEMBER 6, 1988 TO 5/12/88 PROVIDE FOR FOUR YEAR TERM MAYOR. 27. DIRECT CITY ATTORNEY TO PREPARE CHARTER R 88-434 77-79 AMENDMENT FOR SEPTEMBER 6, 1988 FOR 5/12/88 EXPANSION OF OFF-STREET PARKING AUTHORITY MEMBERSHIP. 28. SALARY FOR JORGE FERNANDEZ, CITY R 88-435 79-83 ATTORNEY, SET AT $92,000. 5/12/88 29. DISCUSSION CONCERNING EVALUATION OF DISCUSSION 84 CESAR ODIO, CITY MANAGER. 5/12/88 30. APPROVE PROPOSED RENOVATION OF GUSMAN M 88.436 84=10 CULTURAL CENTER/OLYMPIA BUILDING AT 5/12/98 $6,121,000 COST; AUTHORIZE NEGOTIATIONS WITH FLAGLER LANDMARK ASSOCIATES. 31, DISCUSSION CONCERNING MINORITY DISCUSSION 109=111 PARTICIPATION IN CONNECTION WITH THE 5/12/68 HEAT AND DACOMA. 32. APPOINT FRANKIE ROLLE, ROBERT GRILL, R 88-411 111-112 RICHARD NUSSEL TO THE AFFIRMATIVE 5/12/88 ACTION BOARD. 331 DENY REQUEST FROM STUART SORG TO M 88-438 112-114 RESCIND PRIOR APPOINTMENT OF JAMES 5/12/88 WELLINGTON TO SERVE ON WATERFRONT BOARD 34. CITY ATTORNEY TO PREPARE M 88=439 114-117 LEGISLATION TO RECREATE THE 5/12/88 WATERFRONT BOARD IN ORDER THAT EACH COMMISSIONER AND MAYOR MAY APPOINT TWO MEMBERS, 35, A. ALLOCATE $30,000 TO MIAMI JEWISH M 88-440 117-130 HOME AND HOSPITAL FOR THE AGED FOR M 88-441 DOUGLAS GARDENS SENIOR ADULT DAY CARE 5/12/88 CENTER AT LEGION PARK; B. CITY ADMINISTRATION TO PUT EVERY RECIPIENT OF SOCIAL FUNDS ON NOTICE THAT NEXT YEAR'S ALLOCATIONS WILL BE REDUCED BY APPROXIMATELY 14 PERCENT. 36, DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 130-131 CONCERNING IMPROVEMENTS TO LAWRENCE 5/12/88 WATERWAY CANAL (SEE LABEL 39). 37. SUPPORT IN PRINCIPLE OF MIAMI CHRISTIAN M 88-442 132-134 IMPROVEMENT ASSOCIATION CONCEPT OF AN 5/12/88 EVENT CONCERNING SUPPORT FOR DADE COUNTY LAW ENFORCEMENT; MANAGER TO ASSIST GROUP IN IDENTIFYING A LOCATION FOR THEIR EVENT. 38. GRANT CARNIVAL DEVELOPMENT COMMITTEE M 88-443 134-135 STREET CLOSURE FOR COLUMBUS DAY PARADE 5/12/88 (SEE LABEL 58). 39. BEGIN LAND ACQUISITION BY CONDEMNATION M 88-444 135-139 PROCEDURES IN CONNECTION WITH LAWRENCE 5/12/88 WATERWAY CANAL (SEE LABEL 36). 40. ACCEPT COMPLETED WORK OF MIRI R 88-445 139 CONSTRUCTION, INC. FOR BUENA VISTA 5/12/88 HIGHWAY IMPROVEMENT - PHASE II. 41. DISCUSSION AND TEMPORARY DEFERRAL OF DISCUSSION 140 PROPOSED SETTLEMENT WITH FLORIDA 5/12/88 DEPARTMENT OF COMMUNITY AFFAIRS CLARIFYING THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDERS (SEE LABEL 43). 42. CONTINUE PROPOSED ISSUANCE OF A REQUEST M 88-446 140-143 FOR PROPOSALS FOR DEVELOPMENT OF 5/12/88 PROPERTY AT 1145 N.W. 11 STREET (MUNICIPAL JUSTICE BUILDING) UNTIL THE ZONING RECLASSIFICATION OF THIS SITE IS ' SCHEDULED TO COME BEFORE THE COMMISSION. 4�. SETTLEMENT WITH FLORIDA DEPARTMENT OF R 88=447 103 145 COMMUNITY AFFAIRS CLARIFYING THE 5/12/88 DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDERS (SEE LABEL 41). 44, MANAGER TO STUDY POSSIBILITY OF CITY M 88-448 145-158 OPERATING FULL SERVICE BOATYARD 5/12/88 FACILITY ON PROPERTY AT 2640 SOUTH BAYSHORE DRIVE (CURRENTLY MERRILL STEVENS). 45. A. REJECT ALL REQUESTS FOR R 88-440 158-171 QUALIFICATIONS RECEIVED IN CONNECTION M 88-450 WITH THE PROPOSED FEDERAL LAW 5/12/88 ENFORCEMENT BUILDING TO BE BUILT IN MIAMI. B. THIRTY FOUR PERCENT MINIMUM MINORITY OWNER PARTICIPATION FOR CONSTRUCTION OF PROPOSED FEDERAL LAW ENFORCEMENT BUILDING IN MIAMI. 46. DISCUSSION AND TEMPORARY DEFERRAL OF DISCUSSION 171 CONCERNS OF CITY A.F.S.C.M.E. EMPLOYEES 5/12/88 (SEE LABEL 49) 47. GRANT OFFICE SPACE TO COLOMBIAN M 88-451 172-173 AMERICAN NATIONAL COALITION. 5/12/88 48. DISCUSSION CONCERNING LAYING OFF OF DISCUSSION 173-175 ARTHUR BROOKS FROM PUBLIC WORKS 5/12/88 DEPARTMENT. 49. CONTINUED DISCUSSION OF CONCERNS OF DISCUSSION 175-185 CITY A.F.S.C.M.E. EMPLOYEES (SEE LABEL 5/12/88 46). 50. DISCUSSION AND TEMPORARY DEFERRAL OF DISCUSSION 186-191 ALLEGATIONS AGAINST SOCIAL ACTION 5/12/88 AGENCY. (SEE LABEL 52) 51. CHANGE IN ORANGE BOWL PARADE ROUTE AND M 88-452 191-192 USE OF STAGE AREA IN BICENTENNIAL PARK 5/12/88 GRANTED TO ORANGE BOWL COMMITTEE. 52. SCHEDULE FOR MAY 19, 1988, STATUS M 88-453 192 REPORT ON AUDIT AND INVESTIGATION 5/12/88 CONCERNING SOCIAL ACTION AGENCY (SEE LABEL 50). 53. A. ACCEPT REPORT OF NATIONAL M 88-454 193-201 INVESTIGATIVE PANEL ON FIRE DEPARTMENT. M 88-455 B. RESCHEDULE MAY 19TH MEETING TO 5/12/88 COMMENCE AT 2:00 TO DISCUSS INVESTIGATIVE PANEL REPORT RECOMMENDATIONS. 54. SETTLEMENT WITH FLORIDA DEPARTMENT OF R 88-456 201-212 COMMUNITY AFFAIRS CLARIFYING SOUTHEAST 5/12/88 OVERTOWN PARK WEST DEVELOPMENT OF' REGIONAL IMPACT DEVELOPMENT ORDERS. 55. (A) CLOSE STREETS, PERMIT FOR BEER/WINE R 88-457 212-215 FOR "MIRACLE LUNCH BUNCH" (B) MIRACLE M 88-458 LUNCH BUNCH ALLOWED TO POST BOND FOR 5/12/88 CLEANUP. 56. DISCUSSION AND DEFERRAL OF MR. BERNARD DISCUSSION 215-220 BYRNE'S ZONING COMPLAINTS. 5/12/88 57. DISCUSSION CONCERNING LATIN JAZZ DISCUSSION 220-221 FESTIVAL REQUEST FOR FUNDS. 5/12/88 581 S§, 60, 61. 62: 63, 64. 65. 66. GRANT CLOSE STREET FOR VttT INDIAN M 88=450 221-224 AMERICAN DAY CARNIVAL FOR YOUTH ANNUAL S/12/68 CARNIVAL CELEBRATION (See label 38) ALLOCATE $6,SOO ANNUALLY FOR BORINQUEN M W 460 224-220 HEALTH CARE CENTER INC. TO PAY FOR S/12/86 PARKING FACILITIES. APPOINT JOSIE PARKE, CARRIE STONE, M 88-461 238=231 PABLO PEREZ-CISNEROS, AND ORLANDO URRA 5/12/88 TO THE COMMITTEE TO STUDY THE CUBA14 MUSEUM ALLEGATIONS (See label 5) DISCUSSION CONCERNING GRANTS DISCUSSION 231433 ACQUISITION ASSISTANCE FOR THE CITY. 5/12/88 CONFIRM ORDERING RESOLUTION FOR R 88-462 233-234 DOWNTOWN HIGHWAY IMPROVEMENT - 5/12/88 PHASE II. AUTHORIZE CLASS C SPECIAL PERMIT TO R 88-463 234-236 MIXED -USE PROJECT FOR AREA BOUNDED BY 5/12/88 APPROXIMATELY 3151-3199 S.W. 27 AVENUE, 2660 LINCOLN AVENUE AND 2699 TIGERTAIL AVENUE. DISCUSSION BY BILL PERRY CONCERNING DISCUSSION 237-238 SINGLE -MEMBER DISTRICTS. 5/12/88 DISCUSSION CONCERNING A STREET AND DISCUSSION 238-254 SIDEWALK CLEANING FEE. 5/12/88' AUTHORIZE INTERLOCAL AGREEMENT WITH R 88-464 255-256 DADE COUNTY, MIAMI BEACH AND HIALEAH TO 5/12/88 PROVIDE FOR OPTIONAL GAS TAX. MINUTEt bf RMLAR MUTT Of THt CITY COMMISSION OPHIAMt, FLORIbA Oft the 12th day 6f May, 1908, the City C6ftfti§9168 6f MiAffdi Florida, fhAt at its regular meeting place in the City Hallo 2500 Pan -AMbritah Drive, Mi&fhio F16rid& in regular session. The meeting was called to Order At OtOb &.th, by May6r Xavier Suarez with the following members of the Commission found to be pr6ttntt Commissioner Victor D6 Yurre Commissioner Miller J. Dawkins Commissioner J. L, Plummer, Jr. Vice Mayor Rosario Kennedy i# Mayor Xavier L. Suarez ALSO PRESENT: Cesar OdiO, City Manager Lucia Allen Dougherty, City Attorney 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. --------------------- ------------------------------------------------- 1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. ------------------------------------------------------------------------- ----- - the 1. Proclamation� declaringweek of,May.16-22, 1988, Parkinsons Awareness: Week. 2. Proclamation.,declaring June 25 and 26, 19881 as an awaren.ess,period for AIDS victims.:. 3. Pro6lamat'ion recognizing and commemorating the late Black activist Cecil - Rolle for, his dedication and contributions to, the welfare, and prestige of . minorities in the communityand extending c6ndolences'to his fa mi ------------------------------------------------------------------------------ 2., RESCHEDULE MAY 19, 1968.COMMISSIONMEETING TO BEGIN-3:,00-P..M. (SEE LABEL.. --------------------------------------------- -------- ----------------- ---------- Mayor Suarez: OK,we need to.schedule .a. meeting, Aurelio. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Three o'clock, that's, the M'eetin'g.of May. 19th. -I'll entertain a motion on that.., Mr, Plummer (OFF MIKE); We'vealready done that. Mayor Suarez; Apparently we had, done it for two,*. Mr. Pl ummer (OFF MIKE); move it. Mr. Dawkins.,(OFF,MIKE); Seicorid. Mayor Suarez;, MovedJand n eco-ded, An 0 y discussion7,Call,theroll,.L may 12, 1968 • At _V - 1 The W16WIfig r6§61AIti6h WA§ ititf6dUt6d by C6ffAi§bi6h6f Pluffmr-i Wh6 fh6VOd its WPtidih! RESOLUTION NO, 88-W A RESOLUTION MCAbWN0 THE WORD AMULAA UtY COMMISSION MEETING OP MAY, 1088 TO TAKE PLACE ON MAY 10, 1§88 COMMENCING At IiOO P.M, (Here E6116wt body of resolution, omitted here Ahd oh file in the Office of the City C16tk,) Upon being seconded by Commissioner Dawkins, the r6soluti6h 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: THE MINUTES OF THE CITY COMMISSION MEETINGS OF FEBRUARY 25, MARCH 10, MARCH 24 AND APRIL 1, 1988 WERE APPROVED UNANIMOUSLY. -------------------------------------------------------- ------------------- 3. A. APPOINT OSMUNDO MARTINEZ AS CHAIRMAN OF THE BAYFRONT PARK TRUST. .B. APPROVE THE BUDGET FOR THE BAYFRONT PARK TRUST. -------------- --------------------------------------------------------------- Mayor, Suarez- We have a delegation I know wants to make a presentation this morning, first thing in the morning. Commissioner, do you want to say, something to introduce -the topic? Mr.DeYurre-- I think that first of all, we. have Mundy Martinez. I think lCommissioner Kennedy has something to address,with that. Mrs. Kennedy:_.Yes, I was waiting for him to get here. As you all know, Alan Greer has' resigned from the Bayfront Park, Trust -due to his commitment. to the Dukakis campaign., The trust met last week, we elected a new chairman andit, needs Commission -approval. So to make the presentation is Rodney Barreto. Mayor Suarez: OK, you got it. Mr. -Barreto (OFF AND ON MIKE). Thank you, Vice Mayor. Mayor, other members of the Commission, Madam City Attorney, Mr. Manager,. it's my pleasure on behalf of the Bayfront Park Trust to introduce our nomination . for the new position - well, not the new position - of filling the space vacated by Alan Greer. His name is Osmundo Martinez, he's been a resident of Miami, since 1960. He's been' practicing law since 1979 in the City of Miami. He's a graduate of Villanova School of Law and undergraduate Business Administration, University' of, Miami. It's my pleasure to introduce Mundy Martinez as our appointment from the Bayfront Park Management Trust to take over the slot as chairman of the Bayfront Park rk Management Trust. Thank you. Mayor Suarez: Commissioner. Mrs.Kennedy: Move it. Mayor Suarez; Moved, Mr. Plummer (OFF MIKE);- Let me ask,,, I'll second for discussion, How long will that position, as chairman hold? Mr. tarreto; One year, sir, 2 May 12 1988, 3r. pluffner (OFf Mlkt) : OR.; thahk YdU= Mr, De Vurre., The thing isj t dohlt -know if we kh6w bnbugh about this gentl§mAh to votB 6h thi§� Mr. Dawkins; Hey and t wally don't think he understand that I'M 16ing tS be riding herd on them, Ybu know what you°re 96ttin9 intal Mr., bsriundo Martinez: Some people have bXpre§sed their oondolancaa instead of EonSratulations so t'm we11I., Mrs, Rennedy: I propped him, I propped hits, Mr. Dawkins: OR, we11 yeu have my deepest sympathy. Call' the` ro11, Mr& Mayor. Mayor -Suarez: We have a motion and a seeond, Any further, diseussan? Cali the roll. The following motion was introduted-by Commissioner Kennedy, who moved its adoption: MOTION N0. 88-398 A MOTION APPROVING THE NOMINATION OF OSMUNDO MARTINE2 BY THE BAYFRONT. PARK TRUST COMMITTEE TO SERVE IN, CAPACITY OF CHAIRMAN OF SAID GROUP. 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:. Mrs. Kennedy: Mr. Mayor,. while they're still there... Mayor Suarez: Madam Vice Mayor.: Mrs. .Kennedy,: :.. we also have the budget to'discuss or, to approve. All of you received a copy last week.. Mr. Dawkins, ,`(OFF `MIKE): Approve what? Mrs. Kennedy: The Bayfront;Park budget. Mr. Barreto: I think the new.chairman is going `to discuss the budget. Mrs..Kennedy: The $135 that were allocated, we.,.. Mr. Dawkins.(OFF'MIKE): Approve`what now?` Mrs. Kennedy:, Yes, it was"delivered to your office.'- Mr. Dawkins. (OFF =MIKE);- Oh; OK, OK,'OK. Mrs. Kennedy; It's only a hundred and thirty-five,,. Mayor Suarez; It's; not the breakdown, you're'talking1about the global budget?,; °s UNIDENTIFIED SPEAKER.(4FF MIKE);Breakdown, Mr. oa`o; It's a breakdown of the hundred; and thirty five, Mayor Suarez; We do have the breakdown, .d Ash 3 May 121. 1988 _.� Mrs, keftftedys Mundy, why d6h't 76u show C6ffftissi6her Plummer tile... Mr. 0dios lt`'s a line iteth budget oft the W5,000 as requested. Mrs, Kenftady. Which, by the way, it's not real rnbney ftft the City, it''s e6f-ning out of interest earned in the Mhey already allocated 'in the bank, Mr. Dawkins; All money it real money, Commissioher Kennedy Mr, De Yurret Now, are you saying that they tnohey is going to oothe froth n,ohey allocated to Bayfront Park? Mrs. Kennedy: Not really, it's froth interest money that we have there allocated to Bayfront Park, Mr. De Yurret But it's money i it's interest that is... Mrs. Kennedy: Money that is allocated - we're taking the interest, we have a fund of about a $150,000 in interest earned to we're taking out of that fund $135,000. Mr. De Yurret But my question is, is that interest being earned on money that is earmarked for Bayfront Park? Mrs. Kennedy: Correct. Mr. De Yurret OK. Mayor Suarez: It's from the bonds for the capital improvements at Bayfront Park? Mrs. Kennedy: Right. Mayor Suarez: John Gilchrist, somebody, Manager? When they say.the`interest, they're talking about the Bayfront.Park bonds? Mr. Odio: It's interest earned from the $3,000,000 that are still in the bank from the bond monies allocated to Bayfront Park Construction. Mayor Suarez: OK, anything further? Do we have a motion on that? Mrs. Kennedy: So move it. Mayor Suarez: Moved. Mr. De Yurre: Second. Mayor.Suarez: Seconded. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-399 A RESOLUTION APPROVING THE ATTACHED BUDGET IN THE AMOUNT OF $135,000 FOR THE OPERATION OF THE BAYFRONT PARK MANAGEMENT TRUST UNTIL THE END OF THE FISCAL YEAR ENDING SEPTEMBER 30, 1988 WITH FUNDING THEREFOR TO BE PROVIDED IN THE FORM OF INTEREST EARNINGS ON BAYFRONT PARK CAPITAL IMPROVEMENT BOND MONIES. (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: 4 May '12, 1900 AYM Ctmtnissionef Victor be Vurre C6ftnissi6fief Miller J. bgwkins CofAissionef .1•1 L. Pluff ner, Jr. Mite Mayor kosario k6hhOdy Mayor Xavier L. Suarbt NOBS: None, ABSENTt None. COMMENTS MAbR bURINO ROLL CALL: Mr, Plummer: For the record, this budget that's been handed to me, at best, the wording is bad because I think it's just exactly what everyone else has spoken to. It 'says, revenue, City of Miami contribution: That could be misleading as hell. Now, I think that it needs to be more defined, I'm going to vote with the motion, I think it needs more definition than a contribution which is to be assumed that it's hard dollars. Mr. Barreto: Correct. Mr. Plummer: So I would say that correcting that ,wording so it's understood by everyone would be a much better situation: I vote yes. COMMENTS MADE AFTER ROLL CALLS Mayor Suarez: Thank you both, good luck: Mr. Barreto: One more item, if I may, Mayor... Mr. Plummer: Boy! Mr. Barreto: Mr. Mayor. Mayor 'Suarez: 'You're pressing your luck this morning, Rodney. Mr. Barreto: We want to. put horse carriages_ in. the park and there's an ordinance on the books right now that does not allow... Mr. Dawkins: We do not need the manure in the park, the horse manure. Mayor Suarez: :Why don't you brief us.individually,'on that and bring that up at the next session. I don't know that you want to .try ,to do that this morning, frankly: Mr. Barreto: Mr. Mayor,,.what I was hoping for is a'little direction from you and from the. Commissioners to..: Mr. Plummer: The direction is, come back at the next meeting. - Mr. Barreto: OK. Thank you. Mr. Osmundo Martinez: Mr. Mayor, one final point of parliamentary; rule, with the resignation... Mayor, Suarez: Now, as chairman, you're pushing the situation here, all right. Mr. Martinez: That's why.I left it for:last. Mr. Plummer: Parliamentary rule in 'this Commission says that all items not on the agenda come at the end of the day',,that's number one, but go ahead. Mr. Martinez: 'With Alan Greer,resigning.., Mrs. Kennedy; Poor -guy just accepted his chairmanship, be good on him. Mr. Martinez; With Alan resigning as chairman... Mayor Suarez: Bring the other mike a little closer to you, the top one right. May 120 1906 r i Mr. Martinet: ..: with hit► resighing as chairfnan, than we head to reappoint hirn, he would like to serve as a regular trust mefebar. Mayor Suaral: I'll entertain a (notion to reappoint hifn as a regular director, Mrs. kannedy: Move it, Move it. Mr, Dawkins: Mold it, hold it, hold it, hold it. Mayor Suarez: Commissioner, Mr. Dawkins: No. I mean, now you guys, he was the chairperson and in order to get another somebody you want on the board, he resigns and then you put who ever else you want on the board, then he's going to come back? No, let's get somebody different. Mr. De Yurre (OFF MIKE): He's replacing him. Mr. Dawkins: No, he - no, no, no - you were on the board? Mr. De Yurre (OFF MIKE): Yes. Mr. Martinez: Yes, Commissioner. Mr. Dawkins: And he's replacing you? Mr. Martinez: Yes, we're... Mr. Dawkins: He resigns, he steps down as chairperson... Mr. Martinez: That's right. Mr. Dawkins: ... and now, you're going to move up and he's going to move back down. Mr. Martinez: That's right.. That's the way the trust voted. Mr. Dawkins: Well, I've got a hell of a problem with this problem, this thing... I mean, OK, I just got one vote up here, I'm voting no, you all go ahead. I mean anything you do... Mr. Plummer: Bring it back in two weeks. Mr. Martinez: OK, thank you. Mayor Suarez: That'll give him two weeks to convince or not convince some of us about that. Mrs. Kennedy: Oh, on. Mayor Suarez: Thank you. ------------------------------------------------------------------------------ 4. INSTRUCT ADMINISTRATION TO PREPARE A PACKAGE TO ENTICE A FRANCHISE OF A MAJOR LEAGUE BASEBALL TEAM IN MIAMI. Mayor Suarez: Commissioner. Mr. De Yurre: Yes, Mr. Mayor. I'd like to bring up an item. There is great concern in this community and great excitement, great anticipation about the possibility of bringing a major league baseball team to South Florida, particularly to the City of Miami. And there's a lot of energy out there. There's a lot of desire from different groups about owning the team, there's a lot of thought about a new stadium. And yet all these thoughts, I feel, need to be channeled in a creative form and in unison. And I feel that the City of Miami Commission should be spearheading this effort. If there's any place that baseball should be played in South Florida, it should be in the City of Miami and I feel very strongly and, based on conversations with some of the baseball people, they feel that someone has to spearhead the effort so that 6 May 12, 1988 all kihds of different sighals aren't sent to major league baseball mahagemeht. I feel that it would be proper sihce, supposedly, they're scheduling for late 1989 the discussion of expansion and there's also some thought about bringing an existing team down here; that we should have our position in place for the hew stadium, where ever that may be, the fuhding for that stadium, whore ever it may come from, the location, the possible ownership teams to have all of that in place so that we can present a coheise package to major league baseball when they're ready to award these franchises. And I think it's only fitting that we, as the Miami Commission, take the lead in this item. I would suggest that we work directly with the Sports Authority, they have a lot of information already for this situation, and I would volunteer to, in fact, you know, I would want to take the lead representing the Commission in formulating all this effort. And I'd like to bring that up for discussion at this time. Mayor Suarez: Very good: Anyone else on the Commission on that issue? Mr. Dawkins: Well, I too feel that we should actively seek a professional baseball team, but I also feel that quote, unquote, a ceremonial head of the Commission, that the Mayor should lead the charge and I would so move if, at the proper time and that Mr. De Yurre serve as co -person so that when the Mayor can't make the meetings, Mr. De Yurre can make them, or if Mr. De Yurre decides to go with the Mayor to represent this Commission, we would have two individuals available and that would be my only concern. Mrs. Kennedy: I agree, and it's extremely important to choose a site and I definitely agree it should be in the City of Miami, that's where the interest is. Mr. Plummer: Under discussion, Mr. Mayor. Mayor Suarez: Procedural terms, Commissioner Plummer. Mr. Plummer: Mr. Mayor, I have, I guess, a real problem with the involvement of the Sports Authority. The Sports Authority, right now as we all are well aware, was constituted by state legislative mandate for the purposes of the funds which were forthcoming which were not adequate and we all are well aware of that. My concern is that the Sports Authority presently has more than they can say grace over. As we know, the problems of the arena and we look to the future, there's not going to be a lot of money generated there and I think the Sports Authority is going to have their hands full. Mayor Suarez: What do they have to do besides get the arena completed? Mr. Plummer: Well, they supposedly are to manage it and that's where a lot of the problems are in the present stage. And I have full faith in letting the Mayor and Commissioner De Yurre be involved but I just don't see the involvement of the Sports Authority because that is a Sports Authority and Exhibition as it was set up by state legislative mandate. Mr. De Yurre: The reason that I mention the Sports Authority, J.L., is because no other reason other than the fact that they have a lot of information readily available. There's a lot of expertise already from having dealt with the Miami Arena and with the Miami Heat. A lot of the issues that have occurred with this situation would be recurring with the baseball presentation. Mr. Plummer: Well, and here again, at the time that that comes about and yourself and the Mayor need that expertise, they, I am sure, can be available because, as you know, the people that have really put that thing together have. not been the authority itself but Chris Korge and John Blaisdell. And I just think they've got more than what they can say grace over at this particular time. Mr. De Yurre: All right, let's put it this way.., Mr. Plummer: And I wouldn't want to see that in the future if anything happened with the arena, it would be said, well, we had to spend so much time over here, we couldn't look after this homework over here. At this particular time, I will vote for the Mayor and yourself to head up a committee to actively pursue that situation and I think that's a good idea, 7 May 12, 1986 a Mr. fie Yurra: I gust want , in fact, I'% echoing what you're saying and Maybe we're just riot coinciding on the thought but Chris korge and John tlsisdeli and, you khow, $ob Allen, and a number of those individuals era the ones that can help us in this effort and that's basically what I'm looking to: Mayor Suarez: Yes, you don't disagree that they're an importaht resource in this effort. Mr. Plummer- Have no problem with theta assisting you in any way, shape, or form. Mrs. Kennedy: In fact, I've had several cohversatiohs with Sob Allen and he's very interested in helping us identify A site. Mayor Suarez: Obviously, Madam City Attorney, we'd never be able to function the two of us together as to anything that might lead to Commission action so one of us, at some point, will have to... Mr. Dawkins: I beg to differ with you, You can function all you want as long as you notify the media and they come. If the media don't come, that's not our problem. Mayor Suarez: OK, in many, many of the negotiations that are taking place obviously, they want confidentiality because they want to be able to tell us what their plans might be, if it has to do with an acquisition, so to the extent that confidentiality has to be preserved in some of those meetings, one of the two of us would have to function and, for myself, I'm quickly getting to the point that I just don't have the time, I'd hope that Commissioner De Yurre would be available to handle as many of those meetings as possible. And, otherwise as Commissioner Dawkins says, if we need to meet formally as a committee, then the two of us function and we notify the press... Mr. Plummer: No problem. Mayor Suarez: OK? Mr. De Yurre: OK. Mayor Suarez: Anything further? Mr. Plummer: I would invite both of you to sit in at any time that you have on the meetings that are presently going on in the renovation of the Orange' Bowl because there is possibly a tie between the two and we're about ready to make a presentation - first meeting in June, is it, Cesar? We will be making a presentation to the.full Commission and to the public. Mr. Suarez: Is that in the form of a motion, Commissioner? Mr. De Yurre: Yes, sir. Mayor Suarez: Has anyone seconded it? Mrs. Kennedy: Second. The following (notion WAS intfoduted by Commission@( De Yuftt, who moved its adoption: MOTION NO. 88=400 A MOTION APPOINTING BOTH MAYOR SUAREZ TO SERVE AS CHAIRMAN, AND COMMISSIONER DE YURRE TO SERVE AS C0= CHAIRMAN IN CONNECTION WITH THE PROPOSED ESTABLISHMENT OF A COMMITTEE WHICH WILL BE CREATED FOR THE PURPOSE OF ACTIVELY PURSUING THE IDEA OF BRINGING A PROFESSIONAL BASEBALL FRANCHISE TO MIAMI; FURTHER INSTRUCTING THE ADMINISTRATION TO BEGIN PRELIMINARY STEPS TOWARD PREPARATION OF A CONCISE PACKAGE INCLUDING SUCH ISSUES AS COST FACTORS FOR A PROPOSED NEW STADIUM, FUNDING FOR THAT STADIUM, ETC. TO BE PRESENTED TO THE MAJOR LEAGUE BASEBALL ASSOCIATION AT THE APPROPRIATE TIME THAT THEY MAY SEEK TO AWARD SAID BASEBALL FRANCHISE. 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. ---------------------------------------- --------------------------- ----------- 5. A. CITY ATTORNEY TO PREPARE A LETTER TO NOTIFY CUBAN MUSEUM OF INVESTIGATION OF ALLEGATIONS MADE; B. INVESTIGATION ORDERED OF ALLEGATIONS THAT CUBAN MUSEUM IS VIOLATING THE FEDERAL TRADE EMBARGO AND ITS NONPROFIT STATUS; C. CREATE COMMITTEE TO ATTEND CUBAN MUSEUM BOARD MEETINGS. (SEE LABEL 60) ------------------------------------------------------------------------------ Mr. De Yurre: Mr. Mayor, to address a more immediate concern, for a number of days now, we have been reading and listening and seeing the problem that has erupted over at the Cuban arts museum. I feel it's appropriate that this Commission deal with this issue due to the fact that the property where the museum is located is owned by the City of Miami and it's leased to the museum for a dollar a year which is practically our donation of thousands of dollars towards that effort. A lot of things that I have read and seen and heard have disturbed me greatly and I want to deal, as I feel that this Commission should deal, with the legalities of this situation. Allegations have been made that sales have been conducted at the museum and upon reading the lease for that property, I find that there is no right for the museum to conduct any sales within that property unless they get written permission from the City and as far as I know, no written permission has ever been requested from the City to conduct any type of sale. Therefore, that puts them in violation of the lease agreement, number one. Number two, as a result of the sale of questionable paintings, questionable paintings in the sense that they're supposed to come from post 1963 Cuba, which is in direct violation of federal law which prohibits any trading with Cuba. Subsequent to that situation, we've had a pipe bombing which has destroyed part of the building. My concern there is that this is our building, we have to protect it, number one. Even more importantly, the fact that we have neighbors, that is a residential area and if this situation of bombings could affect our neighbors could hurt them personally and not only them, but their property. We have Saints Peter and Paul which J.L. graduated from and I also graduated from a generation later and... Mr. Plummer: Ohhhhhhhhh. Mrs. Kennedy; Low blow. 9 May 12, 1988 Mr, be Yurre: ... and we had... Mr. Plummer, Just keep it up, go ahead, go ahead. What's all right. Mr. be Yurre: And we have the concern of the children that are up and about that area. I feel that my concern is that the safety of the property in the immediate area and the children, the personal lives, not only of those, but also the members of the museum, the directors. Concern also over violation of federal laws in our property and what exposure we would have to that. And I know that there are a number of people here and, hopefully, one can speak for all of them that would like to address this issue and before I make a recommendation for discussion, I would like to have them say a few words. Ms. Mignon Medrano: Good morning, Mr. Mayor, City Commissioners, ladies and gentlemen. My name is Mignon Medrano, my legal residence is 6801 S.W. 48th Street in Miami. I am the founding president of the Cuban Museum of Arts & Culture. I'd like to address you this morning in behalf of the founding directors of the Cuban Museum of Arts & Culture, past directors, benefactors, friends, artists, local artists, and innumerable supporters of this project. Commissioner Dawkins and Commissioner Plummer may well remember that we have stood before you many years ago begging for that building. Finally, in year 1982, the City of Miami granted the use of that building for our purposes. Today we are, as Commissioner De Yurre put it, extremely concerned over the turn of activities and the turn of objectives that the Cuban museum is facing today and we have come to express that concern. I'm speaking not only in behalf of the groups that 1 have mentioned. We have had a mass spontaneous extremely valuable support from innumerable local organizations. In fact this morning, we had not contacted him, and Dr. Enrique Huertas, who is the chairman of the board of the Cuban Medical Association in exile and also the president of the World Medical Association has endorsed us widely and with very strong statements made over the radio this morning. Also we have the support and I'm going to just skip and read a few. Cuban American National Foundation, the Latin Chamber of Commerce, the Association of Bay of Pigs Activists, the Municipalities of Cuban Exile, Confederation of Cuban University Professionals, Federacion Interamericana de Vendedores, Asociacion de Vendedores del Estado de la Florida. individuals like Armando Valladares, Roberto Martin Perez, well known ex -former political prisoners. We have the National Association of Cuban Women, we have the Masonic Lodge, ALYAM, we have the C.I.D., Cuba Independiente Democratica we have the Junta Patriotica we have the Cuban Certified Public Accountants in Exile, we have Aurelio Pena, former president of Latin builders, we have a very valuable group of young doctors, Dr. Fernando Alvarez Perez, Vicente Lagua and others and the list could go on and on with intellectuals and very prominent personalities. Mayor Suarez: Just want to make one correction. Ms. Medrano: Yes. Mayor Suarez: Ambassador Armando Valladares. The City of Miami is proud to hear from the Ambassador to the Human Rights Commission of the United Nations. Ms. Medrano: Right, thank you. I appreciate that correction, it's very worthy. Dr. Luis Botifol, Dr. Ricardo Viera, who was the first director of the Cuban museum, etc. Before going any further, I would like to ask Dr. Alvarez Perez to help me with providing you with information on what our concerns are regarding the non fulfillment of the mandate that the City of Miami gave us in 1982 with the provision of that building. Firstly, we think that recent activities regarding the auction of Cuban art at the museum or for the museum has, on one side, it has jeopardized the participation of Cuban artists, local Cuban artists, terribly and that is not the purpose of the museum. The museum has to be a vehicle for the dissemination of the work of Cuban artists, local Cuban artists. That is one thing. Second, it has manifested a very evident violation of the trading with the enemy act of 1963 and it is imperiling our condition of a 501C3, non profit organization status in Tallahassee. All these things which are going to be exposed to you by Dr. Alvarez Perez have brought us here and we will come to conclusions afterwards. Thank you. Dr. Fernando Alvarez Perez: OK, my name is Dr. Fernando Alvarez Perez... and I'm a practicing obstetrician at Mercy Professional Building. We're here to... 10 May 12, 1988 Mayor Suarez: Won't you give us an address, boctotl Mr. Alvarez Perez: 3661 So. Miami Avenue, Suite 106. We're here to express grave concern over the goings on at the museum, specifically that there could be some violations of the non profit status of the museum, specifically the SO1G3 that was mentioned by Mignon. Along these lines, I would like to refer to the handouts which were given to you by Mercy I don't know if you have them in front of you - in which it shows two things. First of all, :in article number one in yellow, it shows that the auction was preceded by an .,!xhibit at the museum beginning on April 15th. The auction was held later on at St. Peters and Paul, but the whole preparation and exhibit from the museum was carried out at the grounds for the museum itself. Number two, I would like to guide you to the conditions and norms for the owners/collectors which presented the works. The works here were not donated to the museum, the works were brought in by the collectors or the owners and a full 75-90 percent return to them. There was only a 10-25 percent profit to the museum which goes a little bit against what we had thought that this would be and a truly fund raising campaign and the great majority returns as profit to the collectors. That... Mayor Suarez: What you're saying is, the works of art are not donated to the museum... Mr. Alvarez -Perez: No, sir. Mayor Suarez: ... for sale and the museum keeping the... Mr. Alvarez -Perez: No, sir. The works of art... Mayor Suarez: ... whatever the income is or revenues from that sale. Mr. Alvarez -Perez: Correct, the works of art, 75 percent to 90 percent were relegated back to the owners of the painting. The only thing that the museum kept was between 10 and 25 percent. You can see that in articles a, b, and c there were below $1,000, 75 percent went back to the owner; between and $1,000 and $2,999 - I would like to apologize to Commissioner Dawkins and Commissioner Plummer with not being able to have this translated for you but it has been a little bit of a rush - so between $1,000 and $2,999, 85 percent went back to the people who brought the paintings and above $3,000, a full 90 percent went back to them. I would also like to read to you article nine of the bylaws of the museum in which it states clearly, no part of the income of the corporation shall be distributable to its members, advisors, trustees or officers. I would like then to refer to article number two... Mayor Suarez: What's the wording of that again, Doctor? Mr. Alvarez Perez: No part - article nine - no part of the income of the corporation shall be distributable to its members, advisors, trustees, or officers. Then it goes on... Mayor Suarez: Of course, I understand, I think as you have indicated with the paintings being sold on consignment or being delivered on consignment for sale that the income would not flow directly from the museum but from the buyer to the person, or consignor, of the person putting the paintings on consignments so... Mr. Perez: Correct, correct. Mayor Suarez: That might be a technical way around that. Mr. Alvarez -Perez: OK, OK, this is a precedent to article number two in which the director of the auction, vice president of the museum states in The Miami Herald, Sunday, May 8th, 1988, that there was a $6,000 profit for himself. I think that here we're seeing that at least there is grave concern that there could be some danger to the non profit status of the museum and we would like to express that as evidenced by what we have shown. The second part of our concerns relate to the violation of the trade embargo or the trading with the enemy act of 1963 by President Kennedy and I would like to then refer to article number three in which we have an article yesterday from The Miami Herald again, Wednesday, May llth in which we have a ruling from U.S. Treasury Department spokesman, Bob Levine, in which it states, "... it is illegal for Americans to buy or sell any Cuban product that came out of Cuba." Let me 11 May 12, 1988 underline that, that came out of Cuba after 1963, whether it be art or cigars, whether it be from a third country or directly from Cuba. The last part that I would like to underline, it says, "... it is highly unlikely any license would be issued for a commercial transaction. No American has the right to buy or sell anything out of Cuba after 1963 no matter how they got their hands on it." Article number four is a Miami Herald article from February 8th, 1988, in which Mr. Sernuda - it is a review of a collection which Mr. Sernuda had presented at the Interamerican Gallery at Miami -Dade Community College. At this time, he was interviewed about how he got his collection, etc. and I would like to refer to you to article number four in which he states, "... the collection has been "nutrido," has been nurtured in a great part by works that diplomats were taking out of Cuba beginning in 1972." I would like to then relate to the last incident in which Mr. Sernuda has bought a lot of 160 paintings Thanksgiving and it is not clear whether this is Thanksgiving of '87 or '86, I have a feeling it was Thanksgiving of 186, goes on to say that he has bought 160 paintings from this diplomat in Atlanta and incorporating works of Amelia Pelaez, great Cuban artist and pride to all of us, Abela Cerbando Cabrera Moreno, Porto Carrero, etc. In the interesting part of this, that there's no mistake as to the reason that Mr. Sernuda bought this and knowing what the interests were of the diplomat himself. He states, evidently, without the least amount of notion of art, he knew what to buy so that as an investment so that when he left Cuba, he could sell these works as an investment. The last part there is also a relation as to buying a Porto Carrero in Madrid which also goes against the buying or selling even from a third country. Mayor Suarez: What is the relationship of that particular collection that you mentioned, I think in Miami -Dade Community College... Mr. Alvarez -Perez: Right. Mayor Suarez: ... and the auction that recently took place in which the museum was involved? Mr. Alvarez -Perez: This collection was the one that was shown - from which it was shown in the Interamerican Gallery and from works from there were later sold at the auction at the Cuban Museum of Arts and Culture. I would like to state and this I would like to be on record that unfortunately, or correction, that this is not an attack on Mr. Ramon Sernuda, but about the goings on in the museum. It is not a personal attack... Mayor Suarez: He has insisted that not any one of the works that were sold in connection with the auction of the museum were in violation of the embargo act... Mr. Alvarez -Perez: Sure. I have a feeling... Mayor Suarez: ... or trading with the enemy act. Mr. Alvarez -Perez: I agree, Mr. Mayor, I think that his accords were because he had not received the ruling from U.S. Treasury as department spokesman, Bob Levine, in which his assumption was that only works that were painted after 1963 were in violation of the trade embargo. However, U.S. Treasury Department spokesman, Bob Levine, has very clearly stated that it isn't only painted but bought or sold. So I would like to have this statement and then I would like to revert back in a minute to Mignon Medrano in which she has one more statement to say. Ms. Medrano (OFF AND ON MIKE): Thank you, Fernando. As you have heard from Dr. Alvarez Perez, that no part of the income of the corporation shall be distributable to its members, advisors, trustees, or officers, you can easily see that our condition, our status as a non profit organization is at stake. Furthermore, the use that is being given to the building which is the property of the City of Miami, is also in violation of our mandate from you. It would be convenient to say that here we have three of the four past chairmans of the Friends of the Cuban Museum. They have never participated in this type of auction and yet they have raised close to, more or less, $800,000 for the benefit of the museum to keep the museum open. In addition to trustee contributions and other contributions that we have had from the City and from Dade County Council of Arts & Sciences, etc., we have come to a very touchy point, a great - probably an irreparable damage has been done to the credibility of the Cuban Museum. There is a schism inside or among the 12 May 12, 1988 o dit6et6rs of the Cuban Museutfi. This whole thing has endangeted bug purp8se and our reason for being. To sufftharize what we ate here for, t would like to cotte to, if t find its . . Mayor Suarel Who were the three past presidents of the thuseurn that are here? Ms. Medrafi6: NO. Pre -past? Mayor Suarez: Or chairperson. Ms. Medrano: No, of the Friends of the Museum which is the fund raising arm, Mrs. Anna Rosa Velasco, levanta el brazo, Anna Rosa, Mercy Diaz Miranda and Liliana Anna Lopez. These are three past chairpersons of the Friends and past president of the Cuban Museum, architect Jose Castellanos. I was president for ten years, I was followed by architect Castellanos and then later by Dr. Manieri who has also resigned the museum, everybody has... Mayor Suarez: Do we have some members of the board that are with us today; that are still members of the board? Ms. Medrano: Yes - no, still members? Still members? UNIDENTIFIED SPEAKER (OFF MIKE): We resigned. Mayor Suarez: OK, we have no current members right here? Ms. Medrano: Current members? Mayor Suarez: You just resigned in the group of fifteen, Dr. Candela? UNIDENTIFIED SPEAKER (OFF MIKE): Mr. Mayor, your honor. Ms. Medrano: OK. Mayor Suarez: I just want to: INAUDIBLE COMMENTS NOT. ENTERED INTO THE: PUBLIC RECORD. Ms. Medrano: OK. Members of the board of directors who have resigned... Mr. Frank_ Burcher: Mr. Mayor, I'm here on behalf of Teresa Saldeizi who is the president of the Cuban Museum and I'd likeanopportunity to speak after this speaker. Mayor Suarez: Absolutely, OK. Ms. Medrano: Well, we're wondering... Mayor Suarez: Finish your presentation Ms. Medrano: We were wondering where you were. UNIDENTIFIED SPEAKER (OFF MIKE) There is one member who is still here... Ms. Medrano: I have not resigned., Mayor Suarez: I thought you were still on the board. - Ms. Medrano: Yes, I'm a member, of the board, I'm not participating, I'm living in Washington, D.C. temporarily and I come to board meetings every month and but I do... Mayor Suarez; Iniaki has not resigned? Ms, Medrano: Iniaki has not resigned. Mayor Suarez: We should spell that last name for; the record just so they know, that something like that got in there Sasaibitoria Ms, Medrano; Iniaki Sasaibitoria. 13 May 12, 1988 Y e Mayor Suarez: That's OK, we'll get the spelling to them. You're not doing too well to far, go ahead. Ms. Medrano: OK. I am an active member of the board of directors but I'm not attending meetings, I'm on a leave of absence if I with to exercise it, although I come every month, but I will not join what we do not consider to be a representative board of directors of the Cuban Museum. The present board is formed primarily by two members, one vice president and one board member who were voted to resign by a majority of votes. They did not accept that majority of votes and said we're staying here, we're not moving and in frustration... Mayor Suarez: I was just wondering if technically you had any of the current members of the board? Go ahead and finish your presentation otherwise. Ms. Medrano: OK. So, this is the current situation. So this is what we have come before you in our own behalf, the behalf of this group's present and the list which we're providing you with. Whereas the Cuban Museum of Arts & Culture has proven that in the past, it has served the interests of this community and the goals and principles of democracy upon which it was founded and a serious question exists, that the selling of undocumented paintings originating in Cuba including paintings who are claimed by their rightful owners that they were stolen from them by the Cuban government and they have been sold at this auction by the Cuban Museum is in direct violation of the trade embargo act, trading with the enemy act of 1963 against communist Cuba which prohibits illegal trading with the enemy. And that the facilities of the Cuban Museum of Arts & Culture are being used by directors to engage in trading for profit in violation of our by-laws and endangering, therefore, our non profit status. And that the Cuban Museum of Arts & Culture has lost the confidence of this community which we have been serving with a lot of dignity and a lot of devotion and dedication for the past fifteen years and has become a threat to its neighborhood. We, the founders of the Cuban Museum of Arts & Culture that as you had done originally, that you revert the use of the building to us and that we may once more direct the museum to its rightful course in order to comply with the mandate that this Commission granted to us in 1982. Furthermore, we wish to request from the City of Miami that an investigation be conducted at federal level that you request federal investigation to see if the violation of the trade embargo is, in fact, a reality, if a violation of the use of the building is, in fact, a reality, and also that an audit be conducted immediately of the building and of the assets of the Cuban museum. Thank you very much. (Applause) Mayor Suarez: Please, please. Mr. Alvarez -Perez: I would like to recognize only a few of the members who have come to show our support here for two minutes because I think it's important that we know that, for example, Padro Feiro is here, that Mr. Erelio Pena has come to our support but mostly, that we have the Cuban artistic community here showing their support. We have artists from Mariel to - having come in 1960. We have Mr. Miguel Ordoqui, we have Mr. Valerio, we have Mr. Locurroz, we have artists all the way back to Soriano. Critics like Mr. Ricardo Paullosa of national renown, the director of the Union of Cuban American Writers, Mrs. Lilian Bertot and the rest of the Cuban community that is too big really to show how much there is support to this issue. Mayor Suarez: Counselor, do you want to make a statement before the Commission delves into this if we are indeed going to delve into it? Frank Burcher, Esq.: Well, I think that was the - my name is Frank Burcher, Mr. Mayor and members of the Commission. I represent Teresa Saldeizi who is the present president of the Cuban Museum. Mr. Plummer: Are you being paid for your appearance? Mr. Burcher: I am not. Mrs. Saldeizi has asked me to come and simply indicate that there is a present lease between the City and the Cuban Museum between two legal entities. That the people here today, of course, some of them have resigned from the board, they do not speak for the present legal entity and are unable, frankly, to request anything on behalf of the present legal entity. The City has a lease. If any alleged violation has occurred, 14 May 12, 1988 the City would really, under the terms of the lease, be requited to simply give a notice of the alleged violation and an opportunity to cure. t believe that would be the appropriate legal methodology that would have to take place should this Commission elect or decide that in any way the Cuban museum was in violation of their lease. That's all I have to say, Mr. Plummer: Let me ask you a question. There was a statement made, whether on the record or to the side, that present to these directors resigning, that there was a motion made for the present board to resign. Mr. Burchert No, what occurred, for the record... Mr. Plummer: Excuse me, not the present board, excuse me, but the chairman, I guess the chairman and vice chairman.:. Mrs. Kennedy (OFF MIKE)t And the president. Mayor Suarezt The executive committee is what we've..: Mr. Plummer: OK, the executive committee, that there supposedly was a vote taken to ask them or to force their resignation by the legal constituted board at that time prior to their resignation. I'm asking if that is, in fact, a true statement? Mr. Burcher: No, that is incorrect: Here's what happened. Mayor Suarez: Please, please, please, please. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Please, please, please, ma'am, you're not being recognized. Go ahead, counselor. Mr. Burcher:. What happened was that there were some members of the board that invited those, two people to resign,at a meeting that was called without giving any-notice'that-that were to occur. Under the Florida Statutes relating to the removal of directors which is what this would have to be, there would have to be a. special meeting called with special notice saying that these people would be considered for removal. That was not done, so, therefore, the motion, if. one were made would have been out of order at the meeting in question in any event. Ms. Margarita Ruiz: Your Honor. Mr. Burcher: So, there really just was no - if the invitation was not accepted but had the matter come forward in an appropriate procedural setting, then the matter could have been voted on. It did not. Mr. Plummer: All right, let me ask the question another way, did the matter, from your knowledge, come before the board, legal or illegal, in a request by a constituted board, for this motion for them to resign? Mr. Burcher: For these two members? Mr. Plummer: Yes. Mr. Burcher: The matter was raised at a meetingbut it was raised improperly because it had never been noticed. Mr. Plummer: I'm not asking that question, was there a vote taken on that motion? Mr. Burcher: A vote was taken. Mr. Plummer: OK and you're saying that the motion was improper. Mr. Burcher: That's correct.' Mr. Plummer; OK, but there..was a vote taken and there was a tally made,. . Mr. Burcher;' Yes, 15 May 121 1988 n Mr. Rluttfter; Thank you. Mfg, R§hhbdy: t have a follow up que!;tinn, Ms. Ruil: your Hmor, Mr. bawkins: Off, can you tell the then, sift that it a vote were taken by the th6mbers there, what does their bylaws say about that? Mrs, R@nnedy: Right... Mr. Dawkins: See, you're going on a legal technicality here... Mr, Burcher (OFF MtXI): Right, Mr. Dawkins: ... where you can construct your bylaws.., (Applause) Mr. Dawkins: ... any way you want. Now, what did the bylaws say? j Mr. Burcher: The bylaws are silent on the question of whether... Mr. Dawkins: Beg pardon? Ms. Margarita Ruiz: They are not, your Honor. Mayor Suarez: Please, please, please, please. We'll get to you Margarite. Mr. Dawkins: Hold it, go right ahead, counsel. Mr. Burcher.-. The bylaws are silent; on the removal of directors .in special meetings called for that purpose. Mr. Dawkins: All.right, just a minute,, counsel. Mr. Burcher: When the by... Mr. Dawkins: Just a minute counsel.' No,,just:a minute, counsel! Mr. Burcher: When the bylaws are. r; Mr. Dawkins': Just a minute, counsel! Just a minute, counsel! Wait, one minute, counsel! Read what,the bylaws say as :to removal, if you have :it in the bylaws. Ms. Ruiz:, 'Yes, it says - not as to removal, I don.'t`have .it there, what_I have is that the act of the majority of the directors present at any meeting at which there is a quorum, `shall be the act of the board of directors. , Mrs. Kennedy: Right, that was my question too. (Applause) . Mayor Suarez: That just delays us, go ahead. Mr. Burcher: All; right, as a matter of corporate law on the question of removal of directors,, unless the bylaws state otherwise, as you properly point. out, then the Florida statutes apply. And the Florida Statutes require that before there can be any removal of a director, there must be a special y meeting, expressly called for that purpose to consider the matter. No such E meeting was called, therefore, the alleged attempt to remove these two x directors involved was improper and it just didn't work, Ms. Ruiz; Your Honor. Mayor Suarez: We don't necessarily we're not necessarily prepared to conclude,.. Mr, Burcher; This isn't really the. 9 Mayor Suarez: Now, can I speak counselor? 16 May 12, 1988 s Mr. tuteher: Sorry. Mayor guarep.: We don't necessarily conclude as you do that notice was improper because, as we know Arid as you know, notice Lan be done in many different ways and there was effective notice, We don't know that, I just want to put that in the record. Mrs. Kennedy: well, Mr. Mayor, let me just say... Mayor 5uare2: Madam Vice Mayor, Mrs. Kennedy: ... because I did have a concern about the bylaws. As Commissioner Dawkins understood, if there is a quorum and the majority carries, then that's a decision that should be abided by. Mr. Burcher: It depends on the issue and in this case... Mrs. Kennedy: OK, well, all right. Ms. Ruiz: Come on! Mr. Burcher: No, no really. In corporate law there are many issues and the removal of a director is a very specific issue covered... Mrs. Kennedy: All right, well, I'm not going to... I won't argue with you that, but what really also worries me that if no Americans can buy or sell any Cuban products after 1963, clearly shows that there was a violation of the embargo act. Mr. Burcher: Well, first of all, I don't know the issue, whether or not there's a violation of; the embargo act, OK.... INAUDIBLE COMMENTS FROM AUDIENCE. Mayor Suarez: Please, please, please, please, please. Mr. Burcher: this is the inappropriate - secondly, this is the inappropriate form for a determination of that issue. I suppose the issue today is, whether or not there's been a violation of the lease between the City and the museum and what the... Mrs. Kennedy: Yes, but all these components weigh a lot for us to decide what to do with the lease. Mr. Burcher: Well, actually, this auction didn't occur on the museum's property anyway. It occurred across the street at the church so that's another whole point but... Ms. Ruiz: It was sponsored by .the Museum and the invitation was the Cuban ` Museum of Arts & Culture inviting to an auction. Mr. Burcher: There's not question about that, but. Mr. Alvarez -Perez: And the exhibit was held for a week. Mayor Suarez: OK, let's follow procedure. You finished, counselor? Mr. Burcher: I'm finished. Ms. Ruiz: Your Honor. Mayor Suarez: Last statement and then see if the Commission can act, please. Mr. De Yurre: I have a question. Mayor Suarez: Commissioner De Yurre. Mr, De Yurre: A statement was made that the auction was conducted not on museum property. However, it is my understanding and I want to clarify that on the record, that even though the actual auction took place, I believe, on a Friday night, remnants that were not sold at the auction on Friday night were... 17 May 12, 1988 Ms. Ruiz: might. Mr. be Yurre: later disposed of and sold Saturday and Sunday on the museum site and I want to verify that yes or no. Ms. Ruiz: Yes, Ms. Medraho: Yes, May I make a last statement, Mr: Mayorl Mayor Suarez: Yes, make your last statement Mignon. Ms. Medrano: In view, as you can clearly see, that there is a group or there are certain individuals in that so called board of directors who have refused to accept the vote of the majority of the directors. In view of the situation which has separated us ideologically and socially and morally and in every way, we are completely alien at this point to one another, and this is in detriment of the better interests of the Cuban community and the community at large. The Cuban museum has been created not only for the Cuban community and for Cuban art and history and folklore, it has also included events for Black heritage, for other Latin American groups, specifically for Dominican Republic groups, for Guatemalan groups, for other groups of Latin America too, and also of American artists, native North American artists. And this is jeopardizing greatly our purpose, as I said before, and I'm repeating myself, a reason for being. We strongly again ask you and encourage you to revert the Cuban Museum of Arts & Culture to not only the lease but the operation of, temporarily, on an interim basis, if necessary, to the founding directors who are not at conflict in this issue. The old timers, the founding directors of the Cuban Museum and to conduct an investigation of all these violations at City, at State, and at local and at federal level and also please to conduct an audit on the assets of the current assets of the Cuban museum. Thank you very much. (Applause) Mayor Suarez: Unless you're ready to make a motion, I want to make a suggestion and ask a question to the City Attorney on that last point. Wouldn't it be proper for us to, having dealt with this organization, that does have, in fact, presumably a 501C3 exemption, to - if not a formal audit - to at lease conduct our own internal investigation as to the way the auction was carried out and whether it constitutes a violation of any federal or state law and I say state because of the non profit status under state law of the entity, and also any violation of the terms of the lease that we have with them which, based on some allegations, that, in fact, part of the auction may have taken place on the premises. Does that make sense for us to do, Madam City Attorney? Mrs. Dougherty: Yes, sir, Mr. Mayor, you can conduct an investigation or ask the appropriate governmental agencies to conduct an investigation of any federal laws that may have been violated or any of the charitable exemptions that may be violated. Mayor Suarez: And as to the possible violation of any of the terms of the lease for us to.... Mrs. Dougherty: Then have the City Manager investigate those. Mr. De Yurre: Mr. Mayor, in dealing with the legal issue at hand without getting into the emotional aspect of this situation, clause four of the lease deals with use and it reads, "The use of this facility shall be for the operation of a Cuban Museum of Arts & Culture to include the establishment of art classes and cultural lectures for adults and children in order to provide cultural enrichment to the community. If the lessee wishes to add services or change the orientation of the services provided, approval in writing must be obtained from the City Manager of the City before such change can be made." And, in looking at this clause four, as far as I'm concerned and hearing from both sides, I've been speaking with this group and I've been specking with the other group, certainly clause four has been violated. I feel at least that this Commission must send direction to the City Manager and the City Attorney to in writing advise them of this violation, that they are not to sell or conduct any meetings with regards to sale or anything that would violate strictly what it states in this clause four. That a subsequent violation of any nature will create a situation where they will lose their lease. That's 18 May 12, 1988 number cite. Additionally, I'fi greatly concerned with the neighbors in the area, We already had one incident and I feel that we have to make sure that we protect the residents of that immediate area and the children that attend Saints Peter and Paul: I would like to get some direction from the City Attorney as to whether or what rights we, the City of Miami, have in order to protect our citizens in that area. What can we do, how far can we go with respect to the museum? Mrs. Dougherty: At the present time, if your question is whether or not we can revoke the lease based on that one incident, I'd say no, It really depends on how far this goes on. If it causes or becomes something that would constitute a public nuisance, the City at that time, Could take the appropriate action to abate that nuisance. But at the present time, under the present circumstances, there is nothing that the City can do to abrogate the existing lease. Mr. De Yurre: OK, thirdly, the reason this Commission the City of Miami gave the lease to this organization principally it's because of what they're providing to the community, but more importantly, it's because they're a non profit organization, if they're in it for profit, then we do not give a on a dollar a year basis, a property that's worth thousands of dollars in rentals. And I think that it is important that this be pointed out. I feel that we have dealt with the issue of possible federal violations and I think we're dealing with the issue of possibly violation of the non profit status of this corporation. And I feel that it's appropriate that the City of Miami, whether internally or by going to the - whatever the proper authorities may be - to deal with this issue then investigation be made of possible violations and that a report be brought back to the Commission with proper findings for us to deal with this issue of possible revocation of the lease. I think it is the proper way to go. I understand that here we have one side of the story and though there's representation by an attorney from the other side, that we have to make sure of how we conduct ourselves and do it in a proper manner that shows responsibility by this Commission and... Mayor Suarez: Would you have any problem, Commissioner, in your suggestion of a notice of lease violation because of the auction that the wording be, notice of possible lease violation precisely because we have not heard all of the facts from the other side. Mr. De Yurre: I have no problem with that but I want it to be worded in such a way that legally they're on notice and that the next time that anything of this nature comes up, they will lose their lease. Ms. Medrano: Mr. Mayor, may I ask two questions, please? Mayor Suarez: Let me just see if the Commissioners want to act on any of this. Ms. Medrano: Oh, OK. Mayor Suarez: Or if it's going to be in the form of a motion or anything. Mr. De Yurre: I would propose that in the form of a motion. Mrs. Kennedy: If that's your motion, I second. Mr. Plummer: Well, let me, you know, any time the City has a lease with any group over City property, if there is alleged allegations it behooves the City to immediately send notice and put them on notice that there is a potential violation which could put their lease in jeopardy so there's nothing wrong, in my estimation, of doing such. We would be derelict if we didn't. Ms..Medrano: OK, may I ask... Mayor Suarez: Do you want to take that particular issue in part, Commissioner of the notice of potential, as he called it, or possible or alleged lease violation? Mr. De Yurre: I want to be in a position that we can do as much as we can. I would like to get maybe the proper wording from the City Attorney as to which way to go with that, bearing in mind that I want this to be a situation wherein we can have the most power to deal with this matter. 19 May 12, 1988 Mrs. Dougherty: Commissibner be Yurre, with your diretti6n, this office, of the City Attorney'§ office will Prepare a letter for the Manager's sighature to go to the Cuban museum. Mr. Alvarez-Verez: Mr. Mayor... Mayor Suarez: Do you need a (notion on that, Madam City Attorney? Mrs. Dougherty: Yes, sir. Mr. De Yurre: 1 move. Mayor Suarez: So moved. Mrs. Kennedy (OFF MIKE): Second. Mayor Suarez: Commissioner, you'd second it - Madam Vice Mayor. Any further discussion from the Commission on that issue? Call the roll. The following motion was introduced by Commissioner be Yurre, who moved its adoption: MOTION NO. 88-401 A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE A LETTER FOR THE CITY MANAGER'S SIGNATURE PLACING THE CUBAN MUSEUM ON NOTICE AS TO POSSIBLE LEASE VIOLATIONS, CONVEYING IN SAID LETTER THAT IF ANY VIOLATIONS ARE FOUND, THEY SHALL BE GROUNDS FOR POSSIBLE REVOCATION OF SAID LEASE AGREEMENT. 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. Alvarez -Perez: Mr. Mayor, I would like to point out that I think we have dealt especially - and I think that I know that this is a way that our country runs with the legalities, - but I think that there's also a moral issue here which is in grave violation of the Cuban community. I would like to point out that as you can see that there's a grave concern over the whole community as to the goings on at the museum and of the implications to let this go on. I would like to also call your attention to a previous precedence in the City of New York in which, when there was turbulence at one of the City leased museums, the Museo del Barrio, the city took over the, - and I know that this is hot water, but I need to let you know, - that the city took over the museum running until there was a board which regulated the museum and pleased the constituency. I think that we may write and we may write about our concerns but... Mayor Suarez: I would suspect, Doctor, and I don't know the New York case you're referring to, but I would suspect that the city was a great deal more involved in that museum than in this particular instance where we basically have leased space. So I don't know that the comparison is valid, but if you can get us some information on what was done in New York, that would be helpful to us at a later time. Mr. Alvarez -Perez: OK. Ms. Medrano: I have two questions, Mr. Mayor. First one, do you contemplate or would you contemplate closing down the museum during the investigation period, that no activities be conducted there, that no restitution of anything that might be missing be made during the investigation? That you just block it 20 May 12, 1988 of the = the present executive committee t members of the present executive committee have left Miami for = and this is unusual - for an auction in New York at Sotheby's including the executive director, so the museum is closed until Monday. It has been closed. We would appreciate it if it could be closed during the whole process of the investigation: that is one thing. Second, I don't want this to be addressed as a personal question but it has to be. I would like to ask our friend and always a helper of the Cuban museum, City Manager, Odio, if his wife is still a member of the current board) until yesterday she was. Mr. Odio: Yes, she is. Ms. Medrano: She is. Mr. Odio: And, I want to remind you with due respect, that she was the maker of the motion denying the sale of the paintings... Ms. Medrano: That's right. Mr. Odio, ... and she lost 19-18 by a lot of the members that resigned later so I wanted, since you... Ms. Medrano: flight, and she has been very supportive and she has been... Mr. Odio: .., brought the issue of my wife up, I have to put that on the record. The other thing that she did, she asked for the resignation of some members in the last board meeting and she lost also, OK? Ms. Medrano: I know, I'm aware of the voting and Mrs. Odio has been very objective in her performance at the museum. Mr. Odio: I'm glad to hear it. Ms. Medrano: However, I wanted to ask, because I don't know... Mr. Odio: Can I perform my duties as City Manager? I can assure you, I will. And if they are in violation of the lease, I will perform my duties as City Manager. Ms. Medrano: I know you would abstain, but that's precisely why I wanted to... Mr. Odio: No, I will not abstain. I will perform my duties as. City Manager. Mayor Suarez: He doesn't vote, not yet. Ms.. Medrano: He doesn't vote, not yet, that's a good one. Mayor Suarez: Anything else, Mignon? Ms. Medrano: No, I wanted to know that, because he may be involuntarily faced with a conflict and he's a friend, he's always been a great supporter of the Cuban museum and we wouldn't want to see him placed in a position... Mr. Odio: I have my duties to perform. Ms. Medrano: which might be embarrassing for him. Mayor Suarez: OK. Mr. Odio: I appreciate it, Mignon, but I'm sure that my wife can stand on her two feet and I can stand on my own two feet, and I can assure you I will perform my duties as I'm told by the City Commission. Ms. Medrano: Thank you. Mayor Suarez; Thank you. Anything else, Commissioners? Mr, De Yurre; Mr, Mayor, we got a second motion then directing the City to formulate the investigation and to go to the proper authorities and to come back with a report and I would say that... 21 May 12, 1980 Mayor Suarez: As to the possible violatioh of the trade embargo act. Mr. De Yurre: possible violations and also the non profit status being Jeopardized so that we maybe at that point in time, with all the facts before us, we may be able to make a final determination on this matter. So I would like to ask, in the form of a motion, that the investigation be conducted contacting the proper authorities, both federally and locally, to investigate the non profit status of the corporation and also any federal violations having been committed by this auction. And to come back to us, I would say, what would be appropriate? Mayor Suarez: Well, as to the Manager coming back to us, you can ask any time. As to the federal authorities completing their investigation, obviously that's open ended. Mr. De Yurre: Well, I'd like to have a report in 30 days to see •There we're at then. Mayor Suarez: OK, so moved. Mrs. Kennedy: Yes, I second it and under discussion... Mayor Suarez: And seconded by the Vice Mayor. Mrs. Kennedy: ... Fernando, I think that the case you cited in New York was fairly different. I think that had to do with improprieties in the funding and here we're dealing more with the political issue. I hope that still all of you can internally solve this problem and, for the sake of this community, and all of us that there be no more acts of violence. However, in our capacities, we will do anything we can to help you. Mayor Suarez: So moved and seconded. Any further discussion? Call the roll Mr. Plummer: Wait a minute, under discussion. Mayor Suarez: Oh, I'm sorry, Commissioner Plummer. Mr. Plummer: I don't know that we're accomplishing anything. I am... (Applause) Mayor Suarez: Please, please, please. Mr. Plummer: First of all, Mr. Mayor, of this Commission, how disappointed Commission is responsible, it was the museum. (Applause) Mayor Suarez: Please! let me say to you and to other members I am because I, if anyone on this gringo who brought about the Cuban Mr. Plummer: My disappointment is that something, for so many years, was such a tremendous asset to this community has now evolved, right or wrong, from which side you take it, to something that is no longer something we can be proud of and I'm not taking sides on either side. I would hope that all of the people involved, whether they're resigned or people that are there presently or what, would sit back and realize the damage that is being done. It is not anything for just the Cuban community, it is the total community that is suffering because of what's happening. I would like to propose that this Commission, not legally status but a committee of five people, who, until this matter is resolved that this committee would be mandated to sit in on every meeting that takes place of that so called body that's there now for the purposes of keeping this Commission informed. Now I would hope, if such a committee were formed, that it would be no one that is presently involved, someone who would be totally independent and have no tie to either side. And I think that if we have - we have a responsibility, the responsibility is, that's our property, it belongs to the taxpayers. There is a potential that that property could be, in the future, less valuable than it is today. I think that a committee of five members, independent, totally independent, who would sit in and look over everybody's shoulder, would be beneficial until this matter is resolved. So I give that for thought that we could formulate 22 May 12, 1988 0 such a torr►rnittaa. Each member of this Commission would appoint one person. We realise they have no legal status, that they would attend every one of the meetings that could, in fact, take plate and anything that happens with that organization. I will vote with the motion that's on the floor, of course. Mayor Suarett I don't:" Mr. De Yurret In discussing that... Mayor 5uarett Commissioner De Yurre, Mr. De Yurret .., that issue which I think has a lot of validity, legally can we force the museum to allow us to sit in at their meetings? Mrs. Doughertyt The answer is no. Mr. Plummer: The answer is no, but let me tell you something, cooperation is a two way street. When one side doesn't cooperate, I don't the other way. Mr. De Yurret Well, I just wanted to point that out that it would have to be on a basis, like you say, cooperation. I don't think that we have the legal status to sit at their meetings. Mr. Plummer: We have a vested interest. Mr. De Yurre: No doubt about it but I just want to point that out and, for the record, that we can create it and we can suggest that they allow us to sit in and be a part of the process as far as information wise with the Commission but... Mr. Plummer: Victor, it's always a different posture when somebody is looking over your shoulder continuously. Mr. De Yurre: No question. Mayor Suarez: OK, on the motion... Commissioner Dawkins. Mr. Dawkins: Under discussion. Under discussion. I'll be voting with the motion but I have to say to all of you out there, my friends. I'll be voting with the motion but I have to say to all of you out there who are my friends, I'm so sorry that you reacted as Miller Dawkins would have reacted. Just like; you reacted, I would have done the same thing. But you .had the majority, you had the majority the members there voting. (Applause) Mr. Dawkins: And when you had the majority, all you had to do was sit back and every time something come up, vote it down. And eventually, somebody would have gotten the message and left. But you couldn't think that far, you acted like Miller Dawkins, you say, let's don't rock the boat, let's turn it over and that's what we did, we turned the boat over and now we're all in the water and we must work collectively together to right the boat so that we all can get in the boat to keep from drowning. Now, how are we going to do that? I don't know. But we, as a community, have to find a way to resolve our differences and we're going to have them as long as the sun rise everyday. There's going to be differences of opinion and what have you. Now, Madam City Attorney, legally, I don't think that we can void the lease, can we? That we have with an organization? Mrs. Dougherty: Not at this time, they have a valid binding lease until spring of 1990. Mr. Dawkins: So even if this Commission were inclined to shut it down for five days, we'll be in violation of the law and open us up to 'a lawsuit. Would that be a correct interpretation? Mrs. Dougherty: It's not something that we can do legally. Mr. Dawkins: OK, so even if we wanted to - OK, thank you, Mayor Suarez; We have a motion and a second, Anything further, on that motion and then, counselor. 23 May 12, 1988 Mrs, Kennedy: Yea, let Me just:.. Mayor Suare2: Madam Vice Mayor. Mrs, Kennedy: Let the record reflect that one of the world's most well known Cuban writers, Mr. Ouillermo Cabrera infante who resides in Lohdoh, called to show his support behind your group. UNIDENTIFIED SPEAKERS (OFF MIKE): Thahk you, thank you. Mayor Suarez: Cali the roll on the motion. The following motion was introduced by Commissioner be Yurre, who moved its adoption: MOTION NO. 88-402 A MOTION DIRECTING THE CITY ADMINISTRATION TO INSTITUTE AN INVESTIGATION IN CONNECTION WITH ALLEGED VIOLATIONS OF THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE CUBAN MUSEUM (NAMELY POSSIBLE VIOLATIONS OF THE TRADE EMBARGO ACT AND POSSIBLE PLACEMENT IN JEOPARDY OF THE NONPROFIT STATUS OF SAID MUSEUM); FURTHER INSTRUCTING THE CITY ADMINISTRATION TO GO TO THE PROPER AUTHORITIES (BOTH FEDERAL AND LOCAL) IN CONNECTION WITH SAID MATTER, GATHER THE NECESSARY FACTS AND COME BACK BEFORE THE COMMISSION WITH A REPORT IN THIRTY (30) DAYS. 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: Counselor. Mr. Rodolfo Tarafa: Yes, Mr. Mayor and... Mrs. Kennedy: No, you don't vote. Mayor Suarez: I don't know which hat you're wearing. If you're wearing your legal hat or... Mr. Tarafa: I am wearing the Cuban hat. Mayor Suarez: ... civic activist or... Mr. Dawkins: No, he's a Cuban art in his heart, he's wearing the hat from his heart. Mr. Rodolfo Torafa: All right. My name is Rodolfo Torafa, 5825 S.W. 7th Street in the City of Miami. I believe, Mr. Mayor and Commissioners, that there are two issues that should be brought before you. The first issue regarding the breach, or possible breach of the contract, is the original motivation that the Commission had to grant this lease to the Cuban Museum of Art & Culture, meaning that this lease was granted for one dollar a year, City property, for very specific reasons of community welfare and benefit. Therefore, if the present board of directors of the museum has utilized the museum for different purposes than those that inspired you to give the lease, then, by all means, if a breach of contract is proven, there's no reason why you would not have the authority to rescind that contract. That, Mr. Mayor and Commissioners, is issue number one. The second issue is one that pertains to all of you as elected officials responsible for the well being of this 24 May 12, 1988 coff huhity. I would say even more, for the civil peace of this torhfhunity. There is a profound division and there is, ladies and gentlemen, indignation in this community for the reason that an institution that was originally created for the benefit of preserving the values of the free Cuban community has been converted, not just like a store to sell and buy property, but also a canter for political activity which is contrary to the ideals and principles of free Cuba. I would, therefore, submit to you that your responsibility goes beyond the simple preoccupation about the neighborhood, the simple preoccupation about legal technicalities, your responsibility is directly in relation to civil peace in this community, not just in the Cuban community, but in the community as a whole. And I want to go on record, as a Cuban and as a citizen of this community, letting you know my opinion in that regard and also suggesting that when you make a decision about this issue, you take this point into consideration very deeply in thought and reflection because whatever happens here after your decision will be your responsibility. Thank you very much. (Applause) Mayor Suarez: Let me just say that - I don't disagree with what you've said, but I equally feel and just as strongly that that is your responsibility. It's the responsibility of all the civic leaders in this community, the responsibility of all the exile leaders in this community and I see quite a few of them here, to make sure that this debate is carried out in this community in full, calm tranquility and serenity so we can give an example and I'm speaking now as Mayor, but also as a Cuban. And I hope and I've had meetings with many of you that are out there and I've had conversations with people who, for lack of a better term, are on the opposing side and I've said to all of them, that this City will go on functioning in accordance with the law. We will do what we think is right and it is up to this entire community, Doctor, to make sure that the greater goals of maintaining our progress, our peace and tranquility here are carried out. And to the extent that we do that, we're going to give a great example to the nation so that responsibility is mutual. OK, anything else? Mr. De Yurre: Well, have we voted on J.L.'s proposal of creating the board? Mr. Plummer: I would propose that we formulate a committee of five members, that these members be selected by the end of the day and we so notify the museum that these people, we want them invited to every meeting that takes place in any relation to the operation of the Cuban museum. Mr. Dawkins: I'm going to second J.L.'s motion but I would like for J.L. to accept an amendment by saying that anybody we appoint, because I'm going to find it very difficult to appoint someone looking out for the interests that I'm interested in, who I can find quote, unquote not involved. So, if you'll accept that amendment, I'll vote but if you don't, I'll be voting no with the motion... Mr. Plummer: I'll accept the amendment, I was just trying to keep it as clean as possible to try and have an independent situation, be an overseer and look. Mr. Dawkins: But where are we going to find the independent individuals who have the concern at heart that we have? If you can tell me where I'm going to find that individual, then I can vote for it. Mr. Plummer: Miller, I have full faith in this Commission that anyone any one of you would appoint would sit there as an independent and totally independent, so I have no problem with that at all. Mr. Dawkins: No further discussion. No further discussion. Mayor Suarez: We have a motion and a second. Any further discussion? Call the roll. 25 May 12, 1988 The following FnOti6h was introduced by Commissioher Plutntfner, who moved its adoption: MOTION NO. 88=403 A MOTION ESTABLISHING A COMMITTEE OF FIVE MEMBERS WHO WILL. REPRESENT THE CITY COMMISSION DURING PROCEEDINGS RELATING TO ANY OPERATIONAL ASPECTS OF THE CUBAN MUSEUM; SAID COMMITTEE MEMBERS SHALL BE SELECTED BY THE CITY COMMISSION ON THIS SAME DATE, AND ALL NOMINEES PROFFERED BY EACH INDIVIDUAL COMMISSIONER SHALL BE UPHELD; FURTHER INSTRUCTING THE CITY ADMINISTRATION TO NOTIFY THE CUBAN MUSEUM AND REQUEST OF THEM THAT THE AFOREMENTIONED COMMITTEE MEMBERS BE INVITED TO EVERY MEETING THAT TAKES PLACE CONCERNING ANY OPERATIONAL ASPECTS OF THE CUBAN MUSEUM. ` 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. Dawkins: Now, what happens... Mayor Suarez: Let me just say something. Mr. Dawkins: ... as fore stated, go ahead, Mr. Mayor. Mayor Suarez: I'm going to vote with the motion, but I have serious doubts about that. I really don't think it's this Commission's role to oversee this, I think it's the role of the board members, the founders, the entire community and I will instruct the person that I appoint to be very careful of getting involved in anything that looks like interference with a private entity because I think that will actually do more damage to what we're trying to accomplish here than otherwise. Mr. Plummer: Mr. Mayor, in no way was my intent for the interference. They would be there as observers, be there to listen and to give us a direct line of communication so this Commission doesn't have to read about it in the newspaper, they will be our direct line as to that governing board. Mr. De Yurre: They're instructed not to get involved in any way, form, fashion... Mr. Plummer: Absolutely no way do we want to further any controversy. It's merely an observation. Mayor Suarez: Last statement, Margarita, please. Ms. Ruiz: Your Honor, this... Mayor Suarez: We've got quite a few other items and, as you know, we have taken you out of order and we'd like to get on to some of the other items we have on the agenda. Ms. Ruiz: The solution has been presented by all the different groups that have supported us. Let's return the museum back to the founders. All of us that resigned and all of them there are still inside be out of the museum and start afresh from the original group who had the original intent and who, until now, had remained aloof of the situation. The solution is right there, the founding fathers, they are not the resigning directors, they're not the directors inside and they aren't even the people that are being proposed by the community itself which are your and our constituents because those are the people that go to our museum and this is the solution that they're proposing and I think it's the most valid solution of all. 26 May 12, 1988 I. # (Applause) Mayor Suarez: T ease. 6K. Last statement, Mignon, Ms, Medrano: This will be my statement, I am the only founding director currently on the board. I am willing to step down as president, founder emeritus, of the museum during this transition period and leave, in my absence, leave only the rest of the founding directors to be in charge of the Cuban museum. I could be the only one, the only figure who might be controversial in any way. Mayor Suarez: Mignon, that's not up to us to decide. What's not up to us to decide. Ms. Medrano: No, but I would be willing... Mayor Suarez: We'll note that and... Ms. Medrano: ..6 so there will be no one. Mayor Suarez: ..1 to the extent that we, as private citizens, can maybe use that as a negotiating thing, we'd be very happy, I think. I know for myself to... Ms. Medrano: There's Dr. Luis Botifol, there are Wilfredo Alcobedo, Waldo Aguirre, there are many people here... Mayor Suarez But this Commission cannot decide a non profit entity, you know, who manages it, that's not our function. Ms. Medrano: But if the presence of one person who is actually involved might be... Mayor Suarez: By making that statement you have conveyed that... Ms. Medrano: Right. Mayor Suarez: . to the opposing side... Ms. Medrano: Right. Mayor Suarez: . and represented here by counselor, at least to the extent that Teresa is the opposing side. Ms. Medrano: OK, thank you. Mr. Alvarez -Perez: I think that the thing could be worded and, Mrs. Dougherty, this would be directed to you that due to the fact that there is an illegality in the board which exists right now, the lease should revert back to the founding fathers who were the ones who originally signed the lease, in fact... Mr. Dawkins: Doctor, we might be able to do that, Doctor, once we find that there is an allegation, but we don't have anything in which to sink our teeth into legally right now. But we can do that. Mrs. Kennedy: We would have to make sure that Mrs. Dougherty, or Jorge Fernandez, read your bylaws if... Mr. Dawkins: And I will be voting that way if there's an allegation. Mrs. Kennedy: ... if there is such a thing that the quorum, if there is.a quorum and the majority rules, I think that you're right. If, as the other legal counsel said, a'special meeting had to be called, then he does have a point thera but I would like for our City Attorney to investigate that too. I. e 91 May6r guarel: And we've alto tot up,:: Mr. Alvarez=Perez: W6j 1 taeart, y6u kn6wj s6ffi6thing direct betzause, Mayor Suarez: We've also voted t6 set up a C6ffft1ttee whith will effectively act as liais6n. Make sure that respective C61i9tfiissi6nert appoint pt6ple that are accessible arid,,, Mr. Alvarez-Peret: 854=096„ Mayor Suarez: You Can always ball 519i6010, we... Mr. Alvarez -Perez: seven, one, oh.,. 854-9966 twenty-four hours, Mayor Suarez: All right. Except when you're involved in an operation of some sort. OR, anyone else? Thank you for your presentations, —I—r-ram----------------------- ..`i—��—��—��—ti—� 6. CONSENT AGENDA Mayor Suarez: Let's please go on with the agenda, we have items one through 22 which constitute the consent agenda. Mr. Odio: Mr. Mayor, I'd like to withdraw,.. Mayor Suarez: Mr. .Manager. Mr. Odio: item seven, I'd like to withdraw it. Mayor Suarez: Item seven's withdrawn. Mr. Plummer (OFF MIKE): That was the only one'I had question about. He took all the -fun out of the morning. Mayor Suarez: Anything else from the Commissioner's being pulled? Mr. Dawkins: Pull item thirteen. Mayor Suarez: Six, I see back there. So six and seven and. thirteen, Commissioner Dawkins. Mr. Plummer: Today I probably won't make any appointments. But you're there. Mayor Suarez: With the exceptions of items six, seven and thirteen, the consent agenda... Mr. De Yurre: Also... Mayor Suarez: Yes. Mr. De Yurre: . eleven. Mayor Suarez: And eleven, the consent agenda is comprised- of items one through twenty-two. Is there anyone who wishes to_be heard on any of those items? Mr. Plummer: Give me the ones pulled, Mayor Suarez; Six, seven, eleven and thirteen, I think one's withdrawn, seven, right? Mr. Plummer: Seven was withdrawn, yes. I trove the rest of the consent agenda, Mrs, Kennedy: Second, Mayor Suarez: With those exceptions, items one through twenty-second have been moved. Let the record reflect that no one has stepped forward except for Bob Traurig who - which one do you want to address, Bob? 28 May 12, 1988 . : t' Robert Traurig, Esq,: I'd like to talk on item humber 15. Mayor Suaret: OK, we're pulling item 1S. With the exceptiohs of sik, seveh, eleven, thirteen, and fifteen, the consent agenda has been moved. Let the record reflect that no one has stepped... Don: INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Yes, with both. Let the record reflect that no one has stepped forward on the other items and we have a motion and a second on the consent agenda. Call the roll. ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE MAYOR KENNEDY THE FOLLOWING ITEMS 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. 6.1 EXTEND CONTRACT WITH TCCA PAINTING AND LAWN MAINTENANCE COMPANY RESOLUTION NO. 88-404 A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING CONTRACT FOR THE GROUNDS MAINTENANCE SERVICES TO TCCA PAINTING & LAWN MAINTENANCE COMPANY APPROVED ORIGINALLY ON RESOLUTION NO. 88-415, BID NO. 86-88- 061, TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FOR ONE (1) YEAR RENEWABLE ANNUALLY AT A TOTAL PROPOSED COST OF $4,800.00, ALLOCATING FUNDS THEREFOR FROM THE 1988-88 OPERATING BUDGET ACCOUNT CODE #421001-340; 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.) 6.2 ACCEPT BID: ADAPTO STEEL PRODUCTS FOR FURNISHING WARDROBE LOCKERS TO DEPARTMENT OF FIRE RESOLUTION NO. 88-405 A RESOLUTION ACCEPTING THE BID OF ADAPTO STEEL PRODUCTS FOR FURNISHING WARDROBE LOCKERS TO THE DEPARTMENT OF FIRE, RESCUE & INSPECTION SERVICES AT A TOTAL PROPOSED COST OF $38,827.78, ALLOCATING FUNDS THEREFOR FROM THE FIRE, RESCUE & INSPECTION SERVICES DEPARTMENT CAPITAL IMPROVEMENT PROJECT ACCOUNT CODE NO. 313018-289401-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 29 May 12, 1988 6.3 ACCEPT BIBS: LAWMEN'S AND SHOOTERS SUPPLY, INC. AND MASZK WORKSHOP FOR AMMUNITION SUPPLIES RESOLUTION NO. 88-406 A RESOLUTION ACCEPTING THE BIDS OF LAWMEN'S AND SHOOTERS SUPPLY, INC. IN THE PROPOSED AMOUNT OF $43,418.00 AND MASZK WORKSHOP IN THE PROPOSED AMOUNT OF $14,220.00 FOR FURNISHING AMMUNITION SUPPLIES ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO RENEW FOR AN ADDITIONAL ONE YEAR PERIOD AT A TOTAL PROPOSED COST OF $57,638.00; ALLOCATING FUNDS THEREFOR FROM THE 1988-88 OPERATING BUDGET ACCOUNT CODE #290101-703; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE MATERIALS AND TO EXTEND THE CONTRACT FOR AN ADDITIONAL ONE YEAR PERIOD UNDER THE SAME PRICES, TERMS AND CONDITIONS SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.4 AUTHORIZE PURCHASE OF PHOTOGRAPHIC SUPPLIES FROM PITMAN PHOTO, INC. RESOLUTION NO. 88-407 A RESOLUTION AUTHORIZING THE PURCHASE OF PHOTOGRAPHIC SUPPLIES FROM PITMAN PHOTO, INC. UNDER AN EXISTING DADE COUNTY BID NO. 0989-5/89 FOR THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED COST OF $46,620.00; ALLOCATING FUNDS THEREFOR FROM THE 1988- 88 OPERATING BUDGET ACCOUNT CODE NO. 291101-722 ($20,000.00) AND 1988-89 OPERATING BUDGET ($26,620.00), SUBJECT TO THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE SUPPLIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.5 APPROVE PURCHASE OF MICROCOMPUTERS, LASER PRINTER, AND PERIPHERAL EQUIPMENT FROM BURROUGHS CORPORATION, NOW UNISYS CORPORATION RESOLUTION NO. 88-408 A RESOLUTION APPROVING THE PURCHASE OF THREE (3) MICROCOMPUTERS, ONE (1) LASER PRINTER AND PERIPHERAL EQUIPMENT FROM BURROUGHS CORPORATION, NOW UNISYS CORPORATION, UNDER AN EXISTING DADE COUNTY CONTRACT FOR THE POLICE DEPARTMENT; AT A PROPOSED COST OF $22,100; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT'S CAPITAL IMPROVEMENT BOND FUND PROJECT NO. 312017, INDEX CODE 299401-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THE EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 30 May 12, 1988 6.6 AUTHORIZE EXECUTION OF AGREEMENT WITH CORONADO STUDIOS FOR MARXMNG VIDEO OF MOTION PICTURE INDUSTRY RESOLUTION NO. 88-400 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN THE FORM SUBSTANTIALLY ATTACHED HERETO, BETWEEN THE CITY OF MIAMI AND CORONADO STUDIOS, IN AN AMOUNT NOT TO EXCEED $4,500, FOR THE PRODUCTION OF A MOTION PICTURE INDUSTRY MARKETING VIDEO FOR THE CITY OF MIAMI; WITH MONIES THEREFOR ALLOCATED FOR SAID AGREEMENT FROM THE DEPARTMENT OF DEVELOPMENT BUDGETED FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.7 AUTHORIZE EXECUTION OF AGREEMENT WITH CELLAR DOOR CONCERTS FOR USE OF ORANGE BOWL FOR VAN HALEN CONCERT RESOLUTION NO. 88-410 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND CELLAR DOOR CONCERTS, INC. FOR THE USE OF THE ORANGE BOWL STADIUM FOR A CONCERT FEATURING VAN HALEN ON JUNE 4, 1988. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.8 AUTHORIZE EXECUTION OF AGREEMENT WITH FANTASMA PRODUCTIONS FOR USE OF BOBBY MADURO MIAMI BASEBALL STADIUM FOR LYNYRD SKYNYRD CONCERT. RESOLUTION NO. 88-411 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND FANTASMA PRODUCTIONS, INC. FOR THE USE OF THE BOBBY MADURO MIAMI BASEBALL STADIUM FOR A CONCERT FEATURING LYNYRD SKYNYRD ON MAY 29, 1988. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.9 AUTHORIZE ACCEPTANCE OF GRANT FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR $918,000 TO INCREASE AFFORDABLE STANDARD HOUSING RESOLUTION NO. 88-412 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A RENTAL REHABILITATION PROGRAM GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR $918,000 TO INCREASE THE SUPPLY OF AFFORDABLE, STANDARD HOUSING FOR LOWER INCOME FAMILIES; AND FURTHER AUTHORIZING THE CITY MANAGER TO SUBMIT THE PROGRAM DESCRIPTION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR APPROVAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 31 May 12, 1988 6.10 SCHEDULE PUBLIC HEARING TO TAKE TESTIMONY REGARDING THE MIAMI DESIGN DISTRICT SPECIAL IMPROVEMENT DISTRICT RESOLUTION NO. 88-413 A RESOLUTION SCHEDULING A PUBLIC HEARING FOR JUNE 9, 1988, AT 2:00 P.M. TO TAKE TESTIMONY REGARDING THE MIAMI DESIGN DISTRICT SPECIAL IMPROVEMENT DISTRICT, ESTABLISHED FOR A ONE YEAR PERIOD BY RESOLUTION NO. 88-221 ON MARCH 10, 1988; AT SUCH TIME ALL PROPERTY OWNERS OR ANY OTHER PERSONS INTERESTED THEREIN SHALL APPEAR BEFORE THE CITY COMMISSION, AND BE HEARD AS TO THE PROPRIETY, ADVISABILITY AND COST OF MAKING SUCH IMPROVEMENTS, AGAINST EACH PROPERTY SO IMPROVED; IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 88-103, SENATE BILL NO. 268 SECTION 170.07- 170-08. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.11 LULA BROOKS SETTLEMENT ($44,500) RESOLUTION NO. 88-414 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO LULA BROOKS, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $44,500.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.12 ACCEPT 38 DEEDS OF DEDICATION FOR HIGHWAY. RESOLUTION NO. 88-415 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT THIRTY EIGHT ( 38 ) 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.) 6.13 VACATE STORM SEWER EASEMENT IN RAY HARDY SUBDIVISION AND RETURN SAME TO PRESENT OWNERS. RESOLUTION NO. 88-416 A RESOLUTION VACATING, DISCONTINUING .AND ABANDONING A STORM SEWER EASEMENT AND RETURNING SAME TO PRESENT OWNERS LOCATED IN LOTS 7 AND 8, BLOCK 2 OF RAY HARDY SUBDIVISION AS RECORDED IN PLAT BOOK 6 AT PAGE 65 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BOUNDED BY N.W. 23 STREET, N.W. 24 STREET, N.W. 17 AVENUE AND N.W. 15 AVENUE AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE A QUIT CLAIM DEED THEREFOR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 32 May 12, 11 0 6.14 AUTHORIZE $10,000 PAYMENT OF CITY GENERAL OBLIGATION HOUSING BONDS TO REPLACE LOST BONDS. RESOLUTION NO. 88-411 A RESOLUTION AUTHORIZING THE PAYMENT OF CERTAIN CITY OF MIAMI, FLORIDA GENERAL OBLIGATION HOUSING BONDS, DATED AUGUST 1, 1981, IN THE PRINCIPAL AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) TO REPLACE LOST BONDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.15 GOOMBAY FESTIVAL: CLOSE STREETS, BEER/WINE PERMIT RESOLUTION NO. 88-418 A RESOLUTION CONCERNING THE 1988 MIAMI/BAHAMAS GOOMBAY FESTIVAL TO BE HELD JUNE 3, 4, AND 5, 1988, PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC; ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING A TWO-DAY PERMIT TO SELL BEER AND WINE IN CONNECTION WITH SAID EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT BEYOND THE COSTS ALLOCATED BY RESOLUTION #88-1021 ADOPTED NOVEMBER 19, 1987. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6.16 RENOVACION CARISMATICA CATOLICA HISPANA: APPROVE USE OF STREETS FOR PROCESSION. RESOLUTION NO. 88-419 A RESOLUTION CONCERNING A PROCESSION TO BE CONDUCTED BY RENOVACION CARISMATICA CATOLICA HISPANA ON MAY 21, 1988 APPROVING THE USE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC; SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES AND CONDITIONED UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 33 May 12, 1988 f. CONTINUE EXISTING CONTRACT WITH TOXICOLOGY TESTING SERVICES LENTIL DULY 1088; REQUEST RIDS FOR LAEORATORY SERVICES, TO PERSONNEL MANAGEMENT DEPARTMENT. Mayor Suarez: Rein 6. Officer Dick Kinne: For the record, my name is Dick Kinne, president of Fraternal Order of Police, Miami Lodge 20. In number six, providing us a contract for Toxicology Testing Services, Inc., I wanted this Commission to know that this procedures and testing procedures was the subject of an arbitration which the FOP won. It is now being litigated in court and supposed to have a hearing on May 18th. We have some concerns on his procedures and how he tests people for chemical testing and that's going to be resolved and that's still up in the air right now. Mr. Dawkins: Don. Mr. Teems: Mr. Mayor, members of the Commission, my name is Don Teems. I'm president of the Miami Association of Firefighters. We also have some serious questions about the quality of the drug testing procedures done in this laboratory. We've had several arbitrations, several expedited arbitrations dealing with this issue. In fact, I would guesstimate that we probably had as many false positives out of that testing lab as we've had positives. If you know what that means is it means that the test came back positive, the man had to be retested again and everybody in the Fire Department knew that he had to be retested again and then the retest came back negative, but the stigma was still on the employee. Now, let me read you just one of the paragraph out of the police arbitration that Dick Kinne was referring to and what an outside arbitrator said about the testing lab. It says, "...the arbitrator must therefore conclude that the employer's actions in discharging the was not based on clear and unmistakable evidence." The arbitrator is seriously concerned about the lack of precision in the presentation of the City's laboratory data which casts doubt on the integrity of the testing process. Since the employer has failed to show that the testing procedure and record keeping provided by the lab, in the case of Grieve & Bell, met generally acceptable standards, the determination of positive by the City's lab differs markedly from the standards used by other reputable firms." It goes on and on like that, so that's the reason that we are up here protesting this contract at this point. We are not protesting having a lab, having a good lab to test fire and police, we're very suspect of this lab. Ms. Gloria Rosello: Excuse me, Mr. Mayor, fellow Commissioners, my name is Gloria Rosello, and as you see, every time that a medical question comes up, you say, "Why do you stand up?" Because all those problems are right, because you don't have anybody, really, that takes care of the medical part. Then, what's wrong with this $80,000? How many tests do you have to do for $80,000? I have the lab that we work with in the office here, that for $20.00, they do any toxicology tests. I will think that if you have a lot of them, they will do it for much less, so if you divide $8,500 into twenty, it comes out to about 4,000 some tests! I mean, there is something wrong somewhere, and I am sorry, but... Mayor Suarez: What is wrong, if anything, Dean, with that quick calculation that she just gave. Let's see who gives an answer on that. Is roughly 4,000 tests, and does it work out to twenty, per? Mr. Dean Mielke: First of all, we are paying $16.00; secondly, what you are really talking about, is you are doing, you are not... every time you do it, -a mid screen, which is a very simple screen, which may or may not be correct. Before you move on a dismissal, we do what is called a mass spectrometry, which is substantially more expensive, and as you know, we are screening all new hires that come on board, so, you are talking... Mayor Suarez; What is a rough estimate on a per case basis, what it comes out to? 34 May 12, 1900 Mr. Mielke: A mid is about $16.001 but a mass spec, a OCMS, is $70. Mr. $awkifis: Let the ask a question of you, beam OK? if the bargaining unit raised the question about the validity or whatever, of this firm, wouldn't it be to bur advantage to sit down and work it out and get somebody who is acceptable, so that would be one less point to argue about when it comes to negotiations? Mr. Mielke: If I may, Commissioner, the language in the contract is clear, when we negotiated that with the union, it said a lab selected by the City. The union, in fact, ceded that authority to the City to select the lab. Mr. Dawkins: That is not... all right, I am going to ask my question again, OK? Even though the contract says that the City selects the firm and we selected a firm that tested individuals for a year, and during that year, we constantly get grievances or arguments, differences between that firm and the bargaining agents, wouldn't it be to our advantage for you to recommend to us that we select another firm and see if we can't iron out these differences, sir? Mr. Mielke: I think it is important to know that when we had the original bid, only one responded. I think it is also important to know that originally we had used Cedars at one point... Mr. Dawkins: For $80,000, we only had one firm to respond? - on an $80,000 contract? Mr. Mielke: To submit a complete bid, yes. To submit a complete bid yes, but let me back up... Mr. Dawkins: All right, what is a complete bid? Mr. Mielke: I'll defer to Renee, she handles the bids. Ms. Renee Jones: Renee Jones, Personnel Management. Commissioner, this bid went out in 1986, and at that time we only had one company to submit a complete bid package, and the complete bid package entails the pricing that.we were requesting on the various tests to be done, and that one lab that responded was Toxicology Testing Service. Mr. Dawkins: Mrs. Jones, in 1987, did we go out and seek a bid that would come in, with... not with a full... whatever you requested, or did we just assume that again we could not find anybody but this one company? Ms. Jones: We did not re -bid sir, because we had an option to renew. Mr. Mr. Dawkins: All right, so rather than seek to find a solution, we went along, we rode with the tide. Ms. Jones: Not necessarily... Mr. Dawkins: Now, here it is in 188. Instead of again, seeking a solution, we are riding with the tide. Ms. Jones: No, Commissioner, both Mr. Mielke and I visited Cedars Medical Center to tour their facility and based on a meeting between representatives of the Personnel Department and Labor Relations, we agreed to extend the contract with Toxicology Testing Service. Ms. Rosello: Excuse me, Mr. ... Mr. Dawkins: OK, all right now... go ahead, Mr. Smith, I am sorry. Mr. Bill Smith: Mr. Mayor, members of the Commission, this is something that I have been arguing with Personnel Management since the first contract, due to the fact that there seems to be so much problems with the testing procedures. �i I mean, there are people that used to work at Solid Waste that works at this place, that was telling me about the procedures. I am been arguing with them for over two years now about procedures. At the last negotiation session, Mr. Mielke said that they would get together with all the other people and then come up with a solution. We haven't reached that solution yet, but I do think we need to change from this technical service to some other. 35 May 12, 1988 Ms, R6se116: They talked about the $16,00, I talked about the $21,60, because when we send it in, and we get the lab back, we eta sure 100 percent that that Person, the toxicology was true or hot true., and between the mbney, from Workmen's Comp and all those Cases WAS $682,000 ih the 1§66 yeari plus the money that you gave them, Pius the money of the toxicology, plus the n►oney that nihety=three... Mayor Suarez: Where did the $680i006 some thousand dollars,., I Ms, Rosello: That is 1066 Workmen's Comp, Mr. Mielke: CORK MIKE) I don't know what you are talking about there, Ms. Rosello: You can check it out. You Could Check it out, Mayor Suarez: What, are you talking about compensation actually paid out? Ms, Rosello: No, no, medical, medical. That is besides the compensation. Than we had the fire... Mayor Suarez: Well, we are not going to get into medical treatment in that business, that's for sure. Ms. Rosello: But, what we mean is that what Dr. Rosello said on the first time, to the assistant of Mr. Odic, and he said that he was a liar, that it couldn't be done, that it couldn't save $200,000 to the City. Mayor Suarez: By the way, on that issue. There is something interesting, if we don't have an independentcontractorto do that kind of stuff, we are going to get hit`by a lot of lawsuits and it... Ms. Rosello: That's what I mean, and you never had a person that really sticks to the City. Mayor. Suarez: Yes, but if you have an in-house person on that kind of a situation, you can get one lawsuit that can wipe out the $680,000 paid out, so.. Ms. .Rosello: The whole thing, and we are; talking about more than $1,000,000. We are not talking about... Mayor Suarez: One. lawsuit could _wipe that out if you don't. have an independent contractor. I -mean, that is just one issue, it is not <the 'only one that is before us, but... Mrs. Kennedy: Let me just ask you, Gloria... Mayor Suarez: OK, Madam Vice Mayor. Mrs. Kennedy: ... I just need to ask you something, because I see you here in the capacity of a reporter. Isn't there a conflict of interest, that you come up and lobby? Ms. Rosello: No, there is not, because I don't write about what I said here. What I said here,' I don't write it in the newspaper, Mrs. Kennedy. Mayor'Suarez: Today is the day for conflicts of interest, right, or alleged conflict of interest. Mr. Mielke: Mr. Mayor, let me see if I can get to the bottom of this,; and perhaps maybe answer Commissioner Dawkins' questions, because I think:you need to know just about two seconds of past history here. One is,. the fire fighters challenged the majority of the drug tests that we have given, the majority, the have fought us on. We think the lab we are using is doing`a good job, Now, obviously,., Mr. Plummer: Well, tell me when they challenged, how many of their challenges - were valid? ; Mc. Teems; All but one, Mr,, Commissioner, 36 May 12, 1900 r; Mr, Miolkat Well t Mr, Plumer! Is that a true atatwhent Mr. Mielke! I d6n1t believe its but I Will got you the aetual fiUmb-ar, t gust want3,� Mr. Teerw f promise y6u, t'd never lied to you in my whbib life, and WE 169t one, Mr, Plurnner! All right, give me an idea Don, how many of theta were ehallengedfi Mr, T66ma! Probably about 66 percent of theta. Mr. Plummer: Sixty pereent, and you say of all of there, only one was turned around. Mr. Teems: Yes, sire Mr. Mielke: No, not on the test, it wasn't whether the test was valid, it .is whether, or not you should have askedthe person to take the test. We didn't even get to the threshold of the... Mayor Suarez: Whether it was a valid testing, OK. Mr. Mielke: Yes, we didn't get 'to;the threshold the guy was using the dope or not, but let me make a suggestion. You know, first of all, we have to have a lab in the interim, if in fact you say put out a bid, and I think you need to get over that threshold. Secondly, is, let me suggest that we do that, and we select another lab, that we get the union to say they are going to stop crying every time they don't like the way the test results comes out. Mr. Dawkins: (OFF MIKE) I,'m not voting for Mr. Plummer:_ Well,;.but wait a minute, I think that... Mr. Mielke: You can It`have it both ways! Mayor Suarez: Stop all crying as part of this motion. Mr. Plummer:` Dean, the point I am trying;. to make, is that they obviously, unless you dispute it .have been crying ,legitimately, that if only, one of their. challenges has been turned around, and -60 percent` of them: have:been challenged, well,' I'd say thank `God somebody did it because what we are paying ` for, ,we are, not getting the right results. Mr. Mielke: It has nothing to do with the lab, J."L. That's what I'm trying, ` to tell you. Mr. Plummer: Well, what has it got to do with? Mr. Mielke: Whether; or not you should even ask the guy to take the test. You never `knew :what'the results were, you never got that far. Mayor. Suarez: 'Well, you are "saying 60_percent were challenged, but in all except 'one.case,, the 'challenge was not effective? - I mean, did'not result in a different`. finding? Mr. Mielke: I ram saying to you, the majority of the time, that ;the Fire Department. asks -an employee to take a drug test, that the union,'said ::"We object," and we want to go' to arbitration,' whether you should. even,.give ,them; the test or not,". That is what I'm.,. s. Mayor Suarez, That's not resolved by the' testing, that isresolved by the, „ . a. <s Mr, Miellte,' Yes, it has nothing to do with the testing, Mayor Suarez; Right, OK, Mr, Mielke,,`'It has nothing, whether I test it, or you test it, It`is Whether ,,. YOU should,,', 37 May. 12 1988 R4. y' Mayor Suarez: OR, but as to the testing., any challenges resulted in a different result? - in a different finding, or.,. Mr, tonne: yes, Mayor Suarez: Ott, that's what 1,,. how many, i M64h, roughly, the percentage? Mr. Teeehsc i have never challenged one, Mayor Suarete Your entire unit hasn't challenged ohel Mr. Teems: If the arbitrator says that there is reason to believe to test, we have never challenged that test. The police did. Mayor Suarez: As to the results, or you didn't challenge it as to the need for taking the test? Mr. Teems: No, the only thing that we have challenged as far as the drug testing is concerned, is did the City have the right to test them to start with. Mayor Suarez: OR, but not as to the testing itself. How about Dick's union, or Bill's union. Have you found any different results after they challenged? Mr. Teems: Yes, that is the arbitration award I just read to you. That was the police arbitration award. It is the only one I've checked. Mr. Kinne: It is the only one that had to go that far in the process, and it turned out that arbitration, that the toxicology testing system company's procedures were a lot suspect, and we are now in litigation over that, and that is coming up May 18th. Mayor Suarez: And based on one case, in which that happened, you want us not to follow the recommendations? Mr. Kinne: Well his procedures brought out in that arbitration, leave a lot to be desired and that's our problem. We've been saying it all along,.and now we have an arbitration that was ruled in our favor, that supported our position all along. Mayor Suarez: And cannot those procedures be changed without having to' get into the issue of which testing agency? Mr. Mielke: The doctors is here, and I might tell you that he was the chief test guy for the FDLE for several years, and still does work for them, he does work for most of the.:. a lot of the State agencies and the Federal agencies. He is here, I will let him speak to the procedure. Dr. Terry Hall: My name is Dr. Terry Hall, I'm a resident of Dade County. The laboratory's address is 5426 NW 79th Avenue. There were no false positives from Toxicology Testing Service. The sample which they talked about has been analyzed by an independent lab, which found the same results that we found, as... Mayor Suarez: What about the procedures they are talking about? Dr. Hall: The procedures we are talking about, specifically, they subpoenaed from the laboratory procedures related to chemical testing of an individual sample on a specific date. That information was presented to them as requested by the subpoena. Mayor Suarez: You are telling me procedure. I want to know substance... What was the difference in the procedure that they are talking about from the one that would otherwise be recommended or that they are suggesting, or whatever? What was the problem? Dr. Hall: In that particular case, the procedures from the laboratory were never presented. Only the procedure requested was presented, but they never requested the entire procedures from the laboratory, and those were never turned over to them, or was never presented at arbitration and the arbitrator's statement was... 38 May 1,2, 1988 Mayor Suarep: What WAS the basis of the atbitrati6h ruling against our prooedurW Dr. Bail The arbitrator's decision stated to the effect, the presentation of the laboratory data was lacking. It didn't say that laboratory... Mayor Suarel: In what respect? Dr. Nall: It was not presented. Mayor Suarez: Mr. City Attorney, Madam City Attorhey, some City Attorney, help us with this. I have no idea what he is saying. Dr. hall: The laboratory procedures were simply not presented at the hearing, which was the decision of the attorneys for the City, not to present those, because those are not normally presented. Mayor Suarez: So you are saying there was no finding from the Arbitration Board, that we had done anything improper. We just didn't present our evidence, and therefore we lost. Dr. Hall: That's basically... Mr. Teems: Mr. Mayor. Mayor Suarez: Doesn't sound like we fought it very well. Mr. Teems: Mr. Mayor, he refused to reveal that. Mayor Suarez: And it is sort of inconsistent with our City Attorney's office great record of winning cases. Mr. Teems: He refused to reveal that to the arbitrator. He did testify on the procedure. Mayor Suarez: OK, so then let's assume all of that makes sense. Now,. if we don't know, and it was not established.what we did wrong, what are you asking us to do differently here, Don? Mr. Teems: OK, Mr. Mayor, the way I feel, OK, and this is just firefighters, all right? We have a contract with you the Commission. You the Commission approved it, we the union approved it, OK? Mayor Suarez: Right. Mr. Teems: The Administration administers, it, and Dean Mielke is right. In that contract, it says the City will select the testing lab. Mayor Suarez: Right. Mr. Teems: What we are here to tell you, is that in the two years that we have been under this contract, that we have had a lot of problems with the testing lab and we think they're very suspect on their credibility. We are asking you, the City still has the right to appoint the lab, we are not trying to say that they don't, all we are trying to do is bring to you a problem we see with this lab. Now, this thing is... Mayor Suarez: A problem what? I'm sorry. Mr. Teems: We see with the lab, the testing procedures of this lab. This thing has been on the agenda a couple of times. It is my understanding and we have been talking to the City Administration about our problems with the testing lab, with the hopes that they will pick somebody else, or try to change the procedure of that testing lab. At this point, we haven't heard any of that. Mayor Suarez: Why are we so set on this one? Mr. Mielke: Sir... It • Mayor Suarez: Vhy are we ao set on this particular lab bblhg... Mr. Mielke, Mayor, I don't know that we are set on this particular lab. I think otib of the things that they can db is they can test drugs to a very sensitive level, and that is part of the key to it. Mayor Su&rez Are they the only ones that can do thiO Mr. Mielke: No, no, in fact... Mayor Suarez: We got three unions that claim that for. and they comprise most of our employees, that claim that for twoyears they have been complaining about this lab. We have no one else that we can choose? Mr. Dawkins: And Mr. Mayor, let me put on the record, and for two years I've been saying, let's find somebody and get a competitive bid, and for then for two years they keep coming back, saying, this is the only person we can get! Mrs. Kennedy: But, now they say that they have other people, and I agree with you, I think it is time to go out for other bids. Mr. Dawkins: You try to get some, you know, put it out.... Mr. Odio: May I, Commissioners, Mr. Mayor, I . Mayor Suarez I was hoping you would unravel this. Mr. Odio: Let's go out for bids again. Mrs. Kennedy: Yes. Mr. Dawkins:. OK, I have no problem! Mr. Mielke: Might I close with just one observation? Mayor Suarez: Youneed month or two, while we do that, is that what you are going to tell us?: - to`continue the existing one? Mr. Odio: We can bring it back in July, do a.bidding process. Mayor Suarez: What do we do between now and July as far as testing? Mr. Odio: If you allow me, because if we random testing to be done now?, Mr. Mielke: We have no random testing. Mr. Kinne: He is right the first time. Mr. Odio: I am right. OK, whatever you call testing, can we do some emergency testing until.I bring it back in July? Mr. Teems: Well, we've got 500 firefighters getting ready to be tested for their annual test: Mr. Odio: Right now? Can it wait until July? Mr. Teems: And the police have already started. Now, those are the annual tests. Mr. Odio: Can I'ask a question, Don? Can we wait until July? ' Mr, Teems: I think you could wait on those, but I, wouldn't say you could wait on one that you had, and I am speaking,as a firefighter now, OK, I don't think'' r I would wait on someone that you have reason to believe that he is under the influence. Mayor Suarez: Well, don't back us against the wall here, we've got to make a decision, so.,. tJr. Odio; No, well, that is not what I said, i.a f 40 May 12, 1900 ',,. Mrs. Xennedy: Not do the ones you have to do, and wait on the others that are not so iFnporthht: Mr. Odio: Look, I watit to make sure that the Protest is above board and is by the books, and it you allow tee, t'll gust go back for bids and gat the best bid. Mr. Plummer! Well, the question that still ren►ains, what are you going to do between now and July? Mr. Odio: That's why I asked if I can... if we have to do some testing between here and July, that you allow the to do so... Mayor Suarez: Absolutely, it is the only way we Can go on that. Mr: Odio: OK. Mayor Suarez: OX, Commissioners, all set on that, you want to make that in the form of a motion, anyone? Mrs. Kennedy: Yes, I move it. Mayor Suarez: Moved, do we have a second? Mr. Dawkins: What's the time limit on the motion? Mayor Suarez: I think they are supposed to get back to us in 60 days. Mr. Dawkins: 90 days, 60 days? Mayor Suarez: I believe he said in the July meeting, so it would be... Mr. Odio: I will bring it back the first meeting of July and we have to advertise today. Mr. Dawkins: OK, do it. Mayor Suarez: OK, any further discussion? Mr. Foeman: I need a second, Mr. Mayor. Mayor Suarez: I think it was seconded by Commissioner Dawkins. Mr. Dawkins: I second, yes. The followingmotion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-420 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO CONTINUE EXISTING CONTRACT WITH TOXICOLOGY TESTING SERVICES INC. TO PERFORM PRE -EMPLOYMENT AND ANNUAL PHYSICAL DRUG/ALCOHOL SCREENINGS AND SUBSTANCE ABUSE TESTING AS NEEDED UNTIL THE FIRST CITY COMMISSION MEETING IN JULY (PRESENTLY SCHEDULED FOR JULY 14, 1988); FURTHER INSTRUCTING THE CITY MANAGER TO SEND BACK OUT FOR BID THE ISSUE OF AN APPROPRIATE TOXICOLOGY COMPANY TO PROVIDE LABORATORY SERVICES TO THE DEPARTMENT OF PERSONNEL MANAGEMENT, AND BRING THIS ISSUE BACK (INCLUDING ALL BID RESPONSES) BEFORE THE COMMISSION AT SAID JULY MEETING. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: r S 11 AYES., CofnMissiohar Victor be YUtte Corninissioher Millar .f. bawkins Coif nissioher .I. L. Plummer, Jr - Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None, ABSENT& None. a, APPROVE FORM AND AUTHORIZE EXECUTION OF AMENDMENTS TO LOAN AGREEMENT AND SUPPLEMENTAL LOAN AGREEMENT WITH SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION. Mayor Suarez: Item 11. Mr. De Yurre: I want to know what the exposure is that we have with these bonds? - the City of Miami. Mr. Garcia: Exposure? What do you mean by exposure, Commissioner? Mr. De Yurre: Financial exposure... Mr. Carlos Garcia: We have to repay the bonds. We already have the money in the bank. We have obtained $20,000,000 from these pools, from these bond pools. All we are doing at this time is making some minor amendments to the loan agreement. Basically, they left out the names of some of the banks that are letter of credit banks in this transaction. There are three Japanese banks and in the original documents, they listed only one, but we already have the money in the bank. These are no new monies, these $20,000,000 we already have for parks and for the Dinner Key Marina. Mayor Suarez: Carlos, I believe the Commission, as long as this item is before us, would like to know what, exactly, is the relationship of the City. Mr. Garcia: And the exposure the ,City has, is the repayment of the bonds itself, the $20,000, plus interest on those bonds. Mayor Suarez: And then the logical question is, why are we using this vehicle, instead of doing it ourselves. You might want to answer that. Mr. Garcia: We used this because it was a lot cheaper than any other vehicles we have. These bonds are variable rate bonds. We are paying less than 6 percent of these. The issuance cost was very, very low, it was less than one percent, and that was the reason we decided to go this way. Mayor Suarez: Is this similar to when we participated with the County in a procurement situation, which by going in larger quantity, you have economy to scale, and the same is true for money, as it is true for other articles. Mr. Garcia: That is true. This particular... that is a very good characterization, yes, air. Mr. De Yurre: All right, now this goes toward the bonding capacity, as to our limitations. Is this part of our limitations? Mr. Garcia: No sir, this is not a general obligation bond of the City. It is more like a special obligation bond. We pledged a special revenue. Those revenues are the Dinner Key Marina, as well as the revenues coming from the Bayside project are being used to repay these bonds. Mr. De Yurre: OK, thank you. Mr, Garcia: Yes, sir, Mr, De Yurre; I'll move it. Mayor Suareie Mbved, do we have a secbfidl Mr. Dawkins: Secohd. Mayor Suarets Seconded. Any discussiohfi Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 88=421 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA APPROVING THE FORM OF AN AUTHORIZING THE EXECUTION OF CERTAIN AMENDMENTS TO THE LOAN AGREEMENT AND THE SUPPLEMENTAL LOAN AGREEMENT BETWEEN THE CITY OF MIAMI AND THE SUNSHINE STATE GOVERMENTAL FINANCING COMMISSION; PROVIDING CERTAIN OTHER PROCEDURAL MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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. 9. DESIGNATE CATEGORY "B" PROJECT THE ANALYSIS OF OLD CITY INCINERATOR FACILITY; AUTHORIZE ADVERTISEMENT FOR REQUIRED PLANNING AND DESIGN SERVICES; APPOINT CERTIFICATION COMMITTEE (See label 11) Mayor Suarez: Item 13. Mr. Dawkins: Mr. Manager... Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: ... on 13... Mr. Odio: Yes, sir. Mr. Dawkins: ... in here you said: "In order to produce the initial analysis and subsequently proceed with the development options selected by the City, professional environment, planning and design and economic feasibility study, services that are required from consultants with expertise and experience and the planning, designing, regulation, operational requirements and economic analysis of resource recovery systems." Who determines who is qualified, and what criteria is to be used in determining the qualifications? Mr. Odio: We are... I am not an expert on that, but we have a selection committee members that was formerly the director of Solid Waste, the architect that we have in the City, Alan Poms; James Kay is a registered engineer, and a member of the Florida Engineering Society; Juanita Shearer, she is a registered architect also; and we need an appointment of one member from the private sector, included here, and if you have any recommendations of someone that would be an expert on this field, we welcome it. 43 May 12, 1988 Mr. Dawkins: All I need to know is, what's the criteria that you are going to give whoever you just named to detertnihe if the consultants have what we want them to have, that is all I am asking. You must know what you want, and you must have determined some kind of a criteria to evaluate them by. Mr. Joseph Ingraham: Yes, Mr. Commissioner, if I may, those criteria are pretty much set forth in reference to them being registered in the State of Florida, individuals who have demonstrated proficiency in doing these types of projects in the past. Also, we looked at a number of other things in reference to the composition of the firm and there are indeed some standards that have been set by the City as far as these types of efforts for RFP's and bid processes in the past. Mr. Dawkins: And we also looked to see if they got a track record, the places that they built, how many of them failed, and how many of them went out of business, and how many of them operated... Mr. Ingraham: Yes, sir, all of that is a part of the criteria. Mr. Dawkins: ... and who made money and who didn't? Mr. Ingraham: That is all part of the process. Mr. Plummer: Let me ask a question. Mr. Ingraham: Yes, sir. Mr. Plummer: What in the hell are you going to do with it? Mr. Ingraham: In reference to the study? Mr. Plummer: No, I mean, what is... you have got this thing for the incinerator. Mr. Ingraham: It's the recycling. Mr. Odio: For the recycling process that... Mr. Plummer: This Commission didn't approve that. Mr. Ingraham: No, it hasn't, no. Mr. Odio: No, we are asking you to approve it. If you don't approve it, I don't do it. Mr. Ingraham:: This is just for the feasibility study for the use of the incinerator that has been closed for the past ten years, or to develop recycling, with the feasibility of recycling and other efforts. Mr. Dawkins: You guys hear J.L., but you're not paying attention. Mr. Plummer: What? Mr. Odio: Commissioner Plummer, seriously, we are following, we are tracking through committee a law that is in Tallahassee, it is coming out of committee, I believe, on solid waste and one of the things that are included in there is recycling. We have just been ahead of the game and see what we could gain from recycling. We feel that we have had four, if not five offers of recycling, which would remove a lot of weight from the tonnage that goes through the transfer fees in the County, so it could be a... from some people telling me we could save $9 to $10 a ton. Mayor Suarez: Are there any of those offers that does not involve us having to pay anything? Mr. Odio: Well, it involves that we will make money. Mayor Suarez: But, that we don't have to pay up front anything at all? Mr. Odio: Well, we would make sure. If somebody comes here with a recycling process, we would not have to pay anything. We would just provide the waste, which would... 44 May 12, 1988 1 Mayor guarett And we are pretty good at doing that. Mr. Odio: fifes, we do have a lot of waste flow, but we feel that retytlifig..Y Mayor Suaret: For no additional cost, we can do it. Mr. Odio: No, recycling is the... Mayor Suaret: You don't even need for us to somehow segregate it in some way or another, or process it, at our expensefi Mr. Odio: That is something that I don't know touch about. Mr. Ingraham: That's in fact what the State's pending legislation, as it looks, may even mandate from the citizens, if it passes. Mayor Suarez: But, that is different. If the State mandates it, we are stuck. If we have got a private supplier for lack of a better term, they can do all of that without it costing us a penny, and very possibly with it inuring to our benefit, that would be interesting. Mr. Ingraham: Exactly. Mrs. Kennedy: And if the City ever decides to put its own research recovery plant, this is probably the best place to have it. Mr. Ingraham: And what this does, members of the Commission and Mayor, it gives us the opportunity and clears the way for any utilization that you deem necessary and proper. All of the technical aspects as to the use of that facility and more importantly, the development of the plan, in regards to what we call an integrated system would have already been accomplished. This is an attempt for us to reduce the cost of what we are paying to the County for disposal, which is approximately one-third of our budget, $9,000,000, this year. This is the nature of this request. Mr. Plummer: What is this proposal going to cost? Mr. Ingraham: $60,000, sir. Mr. Dawkins: Where is it coming from? Mr. Ingraham: It.will come out of the antipollution control bond, sir. Mr. Dawkins: What are you going to buy my dumpsters with after you spend $60,000 for this? Mr. Ingraham: We have monies appropriated there for that, sir. Mr. Dawkins: You see, the only problem I have with this, Mr. Ingraham, is we have been discussing this - I've discussed it with you, I've discussed it with the Manager, and neither one of you, because I couldn't have made this Commission aware of what we are doing, and I don't think there is any Commissioner up here who can explain to you what this is. And that is what J.L. is saying - I haven't seen it. I think that is what he is saying. Mr. Odio: Well, Commissioner, what we are asking here is to bring back a report of what can be done. At this point, wevdon',t know. Mr. Dawkins: All of this should- have. been discussed with us before you brought it here, OK? Mr. Odio: Well, you are right, you are right, but... OK. Mr. Dawkins: Because I am not going to spend no... I mean, I am for it 100 percent, but every time I look you guys go out and get individuals, just like accounting firms that come in and do work pro bono, and then you give them the contract. If somebody really and truly knows how to help us make money and can develop one of these things to make money, let him do it pro bono, and then we give them the contract. 11 0 Mr, be Yurre: Well, my eonearn is, will the County allbW us to do this, I mash like, because we are talking, you know, if they are cutting back, it meads that they are losing money on us. Mayor Suarez: To what extent are we, in any way, preempted by thatn, or we need their approvalt Mr. Odio: As far as I can tell, we are not, Mr. Ingraham: Not in reference to this feasibility study, in fact.., Mayor Suarez: Well, we don't just mean that, I mean, feasibility study and then doing something, Joe, I mean, I don't want to do a feasibility study and then have the County turn around and say you can't do anything with it. Mr. Ingraham: In reference to paper recycling, and efforts of that nature, there are really no prohibitions... Mayor Suarez: How about if we chose to do all of our own processing, can we do that? Mr. Ingraham: No, there are Federal and State and County regulations in that regard, as far as incineration is concerned, but that's not really the hallmark to what we are looking at, Mayor Suarez: Yes, but that is not my question. Suppose, for example, if somebody just wanted to take the stuff and use it for energy source, or for whatever. In other words, our disposal, and I think that is whatthe Commissioner is asking, I mean, to what extent are we preempted by the County, or required by law to allow the County to do the disposing of our waste for u5. Mr. Odio: -I believe, and I was told this last week, because I was doing some research in pulling newspapers... when we pick up the garbage to pull the newspapers out, which are very heavy, like one of you, I believe, told me that there is a city doing that,.they put racks in the back of the'trucks, and -when the garbage truck comes by, they pick up and segregate the newspapers. When they wet, they weigh a lot. Mayor Suarez: Yes, but we have a more global question here. Mr. Odio: and we have the right to do that. We have the right to segregate. Mayor Suarez- OK, Madam City Attorney, if we chose, for example, and if we had a system that we found to be more effective and maybe didn't even require any incineration and they could just... somebody would actually take it all r and use it for energy, or whatever. Are we in any way preempted, or restrained, or constrained by the County, or by State law from doing it ourselves? Mrs. Dougherty: No, sir. Mayor Suarez: We don't have to deal with the County on this, if we don't want to? Mrs. Dougherty: No. 2 Mayor Suarez: And if we are otherwise in accordance with State law, and Federal environmental regulations. Mr. De Yurre: That's my concern. Yes, we pay what? - $9,0001000 nowadays? �i Mr, Odio; Yes, we pay $36 a ton, for every.., Mr, De Yurre; 'OK, so you know, certainly anything that would cut down that is something that we have to address and look into very carefully, but you . know,,. Mr, Plummer; Yes, but the problem,., 46 May 12,' 1988 Mr. be Yurre: ... see, I don't want to do it, if at the end of this whole process, we spent countless hours checking this out and spending money on it and then we come back and he says no, or the County says, no you can't do it. Mayor Suarez: They say this is our jurisdiction. You know... Mr. Plummer: Well, you know, none of you guys were arouhd for Old Smokey. Old Smokey was one hell of a problem to this City. We were under Federal mandates and all of the problems it involved. Tell me, what was the... I think we ought to learn by the County's mistakes, and that is, that plant they have got out there that has been nothing but trouble. That plant cost how much money? Mr. Odio: I believe it was forty and now they are putting in another $50,000,000 on it. Mr. Ingraham: It is running by a... Mr. Plummer: Yes, so, you know, your alternative to go and meet all the Federal requirements of having our own facility to do such, be aware that you are talking about $75,000,000 to $100,000,000 and the one that the County has already spent the money on, is not, from what I understand, the best situation in the world. Mr. Odio: They are running about 50 percent of what they should have been running. I had lunch with the... Mr. Dawkins: But, J.L., that is what the $60,000 would be spent for, to tell us, the better way to do it, but, I am all for it, because I don't... I'm like the Mayor. I checked it, and it is not prohibited of doing, and if we can develop this, I have no problem with competing with the County for Sweetwater or anybody else's garbage who want to bring it to us. Mrs. Kennedy: I agree. I think we should explore it. Mr. Dawkins: And there are State funds available to help us meet the environmental impact. I mean, there is no Federal funds, per se, but there are State funds that we can utilize to help us offset the cost. I move it. I pulled it, I move it. Mr. De Yurre: I'll second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-422 A RESOLUTION DESIGNATING AS A CATEGORY 'B' PROJECT THE ENVIRONMENTAL PLANNING, DESIGN AND ECONOMIC ANALYSIS OF THE OLD CITY INCINERATOR FACILITY; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR THE REQUIRED PROFESSIONAL PLANNING AND DESIGN SERVICES; APPOINTING A CERTIFICATION COMMITTEE OF NOT LESS THAN THREE APPROPRIATELY LICENSED PROFESSIONALS FROM THE CITY'S STAFF; AUTHORIZING THE CITY MANAGER TO APPOINT A FOURTH CERTIFICATION COMMITTEE MEMBER FROM THE PRIVATE SECTOR SUBSEQUENT TO RECEIPT OF THE PROPOSALS, AND APPOINTING JOSEPH A. INGRAHAM, DIRECTOR, DEPARTMENT OF SOLID WASTE, AS CHAIRMAN OF THE COMPETITIVE SELECTION COMMITTEE, ALL IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 287.055, AND CITY OF MIAMI ORDINANCE NO. 9572, ADOPTED FEBRUARY 10, 1983, WHICH ORDINANCE ESTABLISHED PROCEDURES FOR CONTRACTING FOR SUCH PROFESSIONAL SERVICES AND ALSO ESTABLISHED NEGOTIATION REQUIREMENTS WITH REGARD TO THE FURNISHING OF SUCH SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 47 May 12, 1988 Upon being seconded by Cofftissioner 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. 10. VIRGINIA KEYt UNIFIED DEVELOPMENT PROJECT AND REQUEST FOR PROPOSALS. Mayor Suarez Item 15. Counselor. Mr. Robert H. Traurig: Thank you, Mr. Mayor. My name is Robert H. Traurig, I am an attorney at law at 1401 Brickell Avenue. I am joined here by Mr. Rick Hotto of Challenger Foundation. I am here to discuss with you the proposal on your agenda regarding a RFP for a UDP for Virginia Key. It has been submitted to you to consider approving a public hearing and ultimately a UDP for a very key tract on Virginia Key. And we would say to you that we know that Virginia Key is a priceless asset of the City. It is ripe for development. I think that the City Administration should be complemented for its long range plans to utilize this presently major, undeveloped, under utilized asset, and I think that it is important that we become aggressive and that you become aggressive in seeking development on Virginia Key. However, our concern is that we would be eliminated from that process, and we want to explain to you why. We want to explain what in general terms would be our proposal so that you could evaluate whether or not the merits of our proposal are of such value to the City of Miami that you ought to consider some alternative action at this time. Several months ago there were discussions between representatives of industry and entrepreneurial groups and representatives of the City of Miami, and the results of that were embodied in a letter, which unfortunately was sent only to Commissioner Kennedy and to the Manager and not to all of the other Commissioners, because the writer of the letter misunderstood this is a Commission to which correspondence should be addressed to the Mayor and to the Manager, and to the Commissioners so that all would have equal knowledge of the proposal. He misunderstood and he sent it to Commissioner Kennedy with a copy to the Manager, so it hasn't been promulgated property and this may come to you as new information, and you may not have had an adequate opportunity to evaluate it. But basically, what this letter says, is that this writer, whose name is Michael Rosenfeldt, is the attorney in Beverly Hills for a venture comprised of Douglas Corporation, a New York corporation; The First Dominion Trust Corporation, a Texas banking corporation, and Twentieth -Century Fox. And it says basically, that together, they would contemplate a project on Virginia Key, which would include the following components: One is a motion picture and television studio complex with video taping and post production facilities. Two is a studio tour similar to the Universal tour, or the Disney tour. Three, is the first U.S. space tour center, and four is other related facilities, including a hotel. Your RFP does not contemplate all of those uses in our opinion, because your RFP would have to require compliance with the Virginia Key master plan, which itself is not broad enough in scope to accommodate all of these proposed uses, and we think that that would be a very negative thing for the City of Miami to preclude fair consideration of what may be an absolutely sensational new tourist attraction and employment center, and we think that you ought to consider whether or not the present proposal from a timing standpoint ought to be deferred to give your staff an adequate opportunity to meet with representatives of... Mayor Suarez: Bob isn't the description that includes entertainment uses broad enough for your concept? Mr. Traurig: No, we don't think so, because we think that motion picture and television studio is probably industrial and isn't just entertainment and so consequently, we think that we... 48 May 12, 1988 Mayor Suarez: l.et me ask a questioh, are we going to run afoul of the mahy agehties that oversee development, or potential developmeht on binner Key, if we eveh contemplate what is now being termed industrial...? Mr. John Gilchrist: I think the answer is that we need time to hear from them and make a determinatioh what the toning issues would be. Mayor Suarez: You don't give us an off the tuff opinion as to what the IPA and the Army Corps of Engineers and... Mr; Gilchrist: Well, it would if... no, I would just tell you that it's Parks and Recreation out there, and you, as a City Commission have a legal right to determine public purpose in that,.. Mayor Suarez: I was thinking of other agehCies in that question, Remember that beautiful presentation includes one whole set of plans that specify all the agencies, and 1 counted... Mr, Gilchrist: Absolutely, and the resolution you have before you... Mr. Odio: According to my conscience we should have problems. So we have to make sure... Mr. Plummer: Well, isn't there another determination to be made? First of all, do we want that heavy kind of industry on that island? Before you go out and start talking about it, do we want a hotel on that island? Do we want those kinds of uses where with... I always considered Virginia Key to be recreational. Mayor Suarez: Yes, that is another question. If you are giving off the cuff opinions, wouldn't a hotel be just as objectionable to those agencies? Mr. Gilchrist: I would only give this opinion. You approved in principle, a master plan that included a destination resort and recreation development on that tip. Mrs. Kennedy: The hotel is included. Mr. Gilchrist: And that was, the hotel was already included. Mr. Plummer: That's why we accepted it in principle. Mr. Gilchrist: Yes, sir, that is why we brought back a resolution to put before you today, to ask whether you would instruct us, authorize us to proceed with an RFP. Mr. Traurig is asking to expand that RFP, to include his project, but I know nothing about their project, so I can't make a determination on this. Mr. Traurig: No, I'm really asking you to analyze the proposal so you can reach an objective decision as to whether or not those uses ought to be alternatives to other uses. We understand that there will be other people who would want to bid in this part of this process, that we understand also that you may not want our movie studio, but on the other hand, we want... we don't want you to preclude it... Mr. Plummer: Well, maybe, Bob, we don't want it on that site. I think this Commission has demonstrated in the past, knowing the movie industry, and how it generates revenues, that we would do everything within our power to bring it to this community, but when you start talking about using very limited waterfront sites, that I think, draws the line. Mrs. Kennedy: How many acres are we talking about, John? Mr. Gilchrist: Seventy, Mayor Suarez: On that issue, just very briefly, Mr. Manager, maybe you have the answer, or Mr, Planning Director, A studio, is that much more... is that really an industrial use? - I mean, the way we usually think about it? Mr. Rodriguez: That will probably be an industrial use, because it will be warehousing, and it will be..,.exactly I haven't seen the proposal, but I imagine from what I heard, or read in the papers, that may be an industrial use. 49 May 12, 1988 11� • Mayor Suirej: It is a pretty clean industry, I mean, you know, basically..: Mr. kodriguet: Nevertheless... Mayor Suarez: +,, you are doing sets, and:.. is there a concern about the number of people that would be on such a project? Mr. Gilchrist: My understanding of it is, it includes a visitor attraction like the universal tour. That would in fact, attract several millions of people to the island. Mayor Suarez: So, it is the traffic of people that..: Mr, Odio: well, I think.:. Mr. Gilchrist: And we should understand that. Mr. Odio: L.A. draws 20,000,000 people a year, in L.A. Mr. Plummer: Oh, can you... I can already hear the residents of Key Biscayne! Mr. Odio: Well, what I suggest, Mr. Mayor, Commissioners, that we hold a public hearing and let them bring in their ideas at that time, and if you feel that it should be incorporated in the RFP, we will, if not, we don't. Mr. Rodriguez: My opinion of... Mrs. Kennedy: And if not, we can consider another site. Mr. Rodriguez: Mr. Traurig was mentioning that might be other ideas. My opinion is that if there are ideas which are beyond what you approved in the plan, which was OK'd by a lot of different agencies, including the Shoreline Development Review Committee, and you name it, you might have to amend the plan. Maybe the best possible way to handle this would be in a public hearing, having all these additional ideas that you might want to have, and if you decide to change the plan, we go through that whole process, and you 'S receive our professional recommendation whether you should do it or not, but '= at least... Mayor Suarez: Well, that's really what he is asking. That is really what Bob is asking. Mr. Rodriguez: That is what you have on the agenda, too. Mr. Plummer: Well, I guess what you are saying is, that in effect, if you go beyond the scope of what is being proposed, you have got to go back through the process all over again. Mr. Rodriguez: Right. Mr. Plummer: Another two years. Mayor Suarez: Isn't that what you are asking? Mr. Gilchrist: One year. Mr. Traurig: Yes, I don't know how long it would take, but if the conclusion of the City Attorney's office and the Planning Department is that this use would not be permitted under the existing plan, because the Machado decision, we can't even have any uses that are contrary to neighborhood plans and the Virginia Key plan, is a neighborhood plan. We're suggesting to you that the process be expanded so that the master plan would be changed. Mayor Suarez: Let's see if we have a suggestion here, we can get out of this. Mr. Odio: I have to ask the Law Department, whether we would not be able to do what we are doing with the GSA building, is that each one of the groups that are interested in the island, to submit proposals and return to the City whatever proposals they might have, and then we decide which one is the best proposal and which proposal fits in the island. Is that allowable by our process? 50 May 12, 4988 Mrs, Doughsrty: You have just described a UDP protess. Mr. Traurig: May I suggest, Has Dougherty, that Mr. Pernandel answer that? Mayor Suarej: V&it, wait, let... wait, Bob, wait, bob, we've got to hear from the City Attorney. There was a question asked by the Manager, to the City Attorney. Mr. Dawkins: Let's get the Manager's opinion, Mr. Traurig, Mayor Suare2: Madam City Attorney, on that question. Please, Bob. Mrs. Dougherty: I don't understand the difference between what he is just describing and the UDP process. Mr. Odio: Because the RFP might leave out a studio, OK? This way it would be open to anybody to come up with creative ideas for the island that would have to fit the master plan and that the Commission would approve, and then we have the right to reject them all, or pick the best. Mayor Suarez: Well, what they are saying is, that superficially at least, this does not fit the master plan, so if we want to go to that, we'd have to have hearings. Mr. Dawkins: Now, Lucia, you are not violating the conflict of interest with your new boss. Mrs. Dougherty: I might be. Mr. Traurig: No, no, partner. Mr. Dawkins: You are not violating the conflict of interest with your new boss. Mr. Odio: It is called statement of qualification, is the word we use in GSA statement of qualification. We decide at that time whether they are qualified and then... Mayor Suarez: Well, this is the day of conflict. Today is a day of conflict there. Let's start hearing from Mr. Fernandez on this issue. Counselor, I'm sorry, we interrupted, go ahead. Mr. Traurig: Well, no, I was... I preferred Mr. Fernandez to answer because I didn't want anyone to accuse Ms. Dougherty of being less than objective in whatever decision she made, but I do think that if you find, as a result of a brief delay, and as a result of a report to you by your staff that this proposal has merit and you would like to have the opportunity to have it included as one of the responses to the RFP, then at that point in time, you could take whatever steps are necessary to modify the existing Virginia Key plan, so that this plan would not be inconsistent with it. All we are saying to you is, don't take action so precipitously to eliminate a fair and objective analysis of whether this is the best opportunity for you. Mr. Dawkins: Mr. Manager, what is your recommendation? Mr. Odio: That we go on the statement of qualification, that we accept proposals from all developers and.. Mayor Suarez:. With the existing parameters. Mr. Odio: With the existing parameters.,. no, to remove the parameters. I would say, within... Mr. Dawkins: Well, why would you put this up here, why the hell would you put this on the menu up there, if you are going to change? Mr. Odio: Wait, let me say this - within the parameters of the master plan. Mrs. Kennedy: But, then it would exclude this project, so, in order to accept proposals that would fit, you would be asking us to amend the master plan and start the process all over, 51 May.12, 1988 1 '► Mr. Odio: I don't know if we can amend the master plan: Mrs, kahnedy: OK, that's what we are asking of you. Mayor Suarez: Well, you tan always Amofid it, You are just not rec6mfnehdih9 it at this point. Mr. Odio: I'm not recoMefiding at this point. Mayor Suarez: OK. That is what Commissioner Dawkins ask you what your recommendation was. Mr. Plummer: Well, let me speak for one. I am not in favor of using waterfront property for this kind of an operation. We have such scarce waterfront property for the use of the general public for which taxpayer's money was used to purchase, or to acquire, and I would be opposed to any kind of a concept in which the public did not have total access to the water. We have spent millions and millions of dollars acquiring waterfront property. Mayor Suarez: Do I understand this to be a motion that this item pass as it is framed? Mayor Suarez: Within the parameters, I so move. Mr. Dawkins: Second. Mr. Plummer: In the parameters as proposed. Mayor Suarez: Any further discussion? We are following staff recommendations on this. Mr. Gilchrist: Do you want... OK. No, I was going to ask if... Mayor Suarez: You don't want to follow staff recommendations on this? Mr. Gilchrist: Yes, sir, of course. Mayor Suarez: You got any better ideas? Quick. No? Mr. Plummer: Well, the better idea is that this group who is proposing to build a movie studio be shown some other choice locations in this community. Mayor Suarez: Yes, well that's ... yes, this is certainly not precluding that. OK, anything further from the Commission? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-423 A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP IMPROVEMENTS ON CITY -OWNED WATERFRONT LAND KNOWN AS THE NORRIS CUT FILL SITE, A 70 ACRE TRACT LOCATED AT TH NORTHERNMOST PORTION OF VIRGINIA KEY, IS BY A UNIFIED DEVELOPMENT PROJECT (UDP), AUTHORIZING THE CITY MANGER TO PREPARE A DRAFT REQUEST FOR PROPOSALS (RF) FOR A UDP, AND CONFIRMING THE SETTING OF A PUBLIC HEARING FOR JUNE 9, 1988, AT 3:30 P.M., TO TAKE TESTIMONY REGARDING THE RFP FOR THE DEVELOPMENT OF DESTINATION RESORT FACILITIES INCLUDING HOTEL, RECREATION, RETAIL, AND ENTERTAINMENT USES, TO AUTHORIZE THE ISSUANCE OF THE RFP, TO SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM AND TO APPOINT MEMBERS OF A REVIEW COMMITTEE. (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: 52 May 12, 1988 }f 0 V AYM e6m ssibher Vietor be Yurre Cofiftissioner Miller J. bawkihs C6ffitissi6ner J. L. Flur;:tner, It. Vie@ Mayor Rosario Kennedy Mayor Xavier L. Suaret NOES: Nona. AMNT: None. COMMENTS MADE DURING ROLL CALL: Mrs: Kennedy: I think that it would be a tremendous industry for the City, but in this ease I would have to go with the Manager's retommendation and vote yes on the motion. Mr. Traurig: Thank you. Mayor Suarez: Thank you, Bob: 11. BRIEF COMMENTS REGARDING OLD CITY INCINERATOR FACILITY (See label 9) ------------------------------------------------------------------------------ Mrs. Dougherty: Mr. Mayor, if I could just tell you for— take one second to tell you that the Dade County Code does provide that within the geographical limits of Dade County, they can prohibit any other municipality from disposing of garbage or having an incinerator facility without their permission. Mayor Suarez: That's why we asked the question. Mr. Dawkins: All right, so we have to go to the Commission to see if they give us their permission. If not, we just have to throw it out Mayor Suarez: Disposing or incinerating is the wording? Commissioner De Yurre has been asking that question for a long time, and now we've got an answer, at least as to what the... Mrs. Dougherty: It talks about the - "It prohibits the disposal of garbage, rubbish, garden trash, or both within the geographical service areas." -------------------------------------------------------------------------- 12. EMERGENCY ORDINANCE: ESTABLISH NEW PROJECT "ORANGE BOWL STADIUM MODERNIZATION PROJECT - PHASE I" ------------------------------------------------------------------------------ Mr. Plummer: Mr. Mayor, please. Mayor Suarez: Commissioner. Mr. Plummer: I asked the people on item 42 to come here today. I didn't think, you know, whether it was necessary or not, in the improvements to the Orange Bowl, the Phase I only. Could I ask that that matter be taken out of context at this time so that we can proceed with this situation? We voted on it at the last meeting, this is just formalization. May I move item 42, please. Mr. Dawkins: I second it, and under discussion... Mayor Suarez: So moved and seconded. Under discussion.. Mr. Dawkins; Who is going to do the work? Mr. Plummer; That will be going out to bid, as normal bidding procedures. Mr. Dawkins: No further questions. Mr. De Yurre; I have a.question, 53 May 12, 1988 mayor suaret: commissioner be Yurre: Mr. be Yurre: I read somewhere, i don't know where it was, that 6ne of the issues that prompted me to vote in favor of this irhprovemeht, was the fact that the Orange Bowl committee and the University of Miami were strongly requesting that this be done immediately. I read somewhere that that wash't the case, exactly, that had to be done immediately. Mr. Plummer: Oh, no, no, that's not the truth. The truth of the matter is that they wanted it done before the start of this season. Two of the things that came into play - number one, the University of Miami, thank God, is number one, and there is not adequate facilities for all the press that wants to get there, to have accommodations. Second, the same thing happened with the Orange Bowl. This is strictly renovations to the press area, that's all this is. It has nothing to do with Phase B, or a second part of the project, and only by if we pass it here today can we have it ready before September 3rd. Mayor Suarez: I haven't been out there for a while, but what exactly was done last year, or recently, in connection with the... Mr. Odio: We added a floor to the press box, a brand new floor, that's the... Mayor Suarez: At what cost? Mr. Odio: It cost about eight hundred? Mr. Plummer: Yes, in the general neighborhood, about eight hundred... Mayor Suarez: $800,000, almost a million. Mr. Plummer: Right. Mayor Suarez: Why do we have to renovate that now? Mr. Odio: We are not renovating that part. We have to.... Mayor Suarez: We are renovating the older? Mr. Plummer: The older. Mr. Odio: We have to renovate the older, which is at... Mayor Suarez: OK, we still going at the rate, if this is approved, since I have been here, we are going at the rate of about $1,000,000 a year in expenditures. Mr. Plummer: Which is covered by the operational revenue. Mr. Odio: Yes, we are covered, completely covered. Mayor Suarez: Some years we make $500,000, some years we make six hundred, I don't know what we have made in the last fiscal year. I don't think you have those figures yet. Mr. Plummer: Not yet. Mr. Odio: Not yet, but I can assure you, Mr. Mayor, that the Enterprise Fund, as I look through the next year's budget, for the first time in its history, will not necessitate any General Fund money. That's the first time it has happened and the Orange Bowl... Mayor Suarez: Do you feel that it makes sense for us to be spending monies at the rate of $1,000,000 a year for the Orange Bowl? Mr, Odio: It's an old facility. Mayor Suarez: And if so, for how long? Mr. Odio: All we are doing this year, what we are doing this year to the press box, that should be it as far as major expenditures. If we need to improve seating, and that will be part of the second phase, that would come later. 54 May 12, 1988 0 Mrs, Ofthedyi ilhat is Phase 11 }fir, odiot it is just renovati6n of the press bares, Mt, Plun hart Redoing the press boles. Mrs, Rmedyt And oars we do Phase l without two? - or tan we... Mr. Pluffnert Oh, sure - totally independent, Mr. Odiot fifes, we can do Phase I without two. Mr. Plummert Totally independent. Mrs Odio: Ve also are adding the new scoreboard at no cost to us, We have tenants until 1001. We do have,.. Mrs, Kennedy: So what is the emergency? Mr. Plummer: September 3rd, the first game. Mr. Odio: That September 3rd is the first game. Mr. De Yurre: I have some concern about this, because when we went to the Orange Bowl Committee to ask them to approve the $1,00 seat charge... Mr. Plummer: That's Phase B. Mr. De Yurre: I know that is Phase B, but they said no. Mr. Plummer: No, no, they definitely did not say no. Mr. Odio: No, they did not say no. Mr. Odio: The' Orange.Bowl'Committee has indicated that the NCA has told them absolutely not. Mr. Odio: But, not.yet, Mr. Plummer: They cannot call it a seat charge. Mr. Odio: Wehave to change the... Mayor Suarez: Unless you have different information, I just met with the chairman of the Orange BowlCommittee last week`, and that is what he told me, so... Mr. Plummer: OK, well let me tell you, it came up at the meeting... Mayor Suarez: But, wait, wait, we may not have to resolve that today. That's as to Phase II. You saying that is not involved in this at all? Mr. Odio: No. By the way, we are coming with a resolution, or an ordinance, I believe, for the next meeting, setting the seat charge, and the university will pay the seat charge, and anybody else that uses the facility, and in, all other facilities that we run. Mr. De Yurre: So, for the record, the Orange Bowl Committee has gone ahead and approved the $1.00 surcharge, or seat charge, or whatever? Mr. Plummer: No, no, no, they have not. They cannot. They will be paying us t $75,000 a year additional rent. Mr. Odio; Which is the equivalent of $1.00... S; Mr. Plummer: There just happen to be 75,000 seats in the Orange Bowl. Mayor Suarez; We don't have that formally. I don't have that formally. I'd be very interested in getting that in the future... Mr, Odio; I do have, it is $1.00 a seat. 55 Nay 12, 1000 1 10 Mayor Suarez: ,.. and hearing directly frof, them. Mr. Odio: I have a letter from the university::. Mr. Plummer: Let roe state for the record, if that is not done., I would never come before this Oon:n,ission with Phase B, ORI Mr. Odio: Mr. Mayor, i have a letter from Sam J ankovich... Mayor Suarez: Well, $75,000 is not going to pay Phase It anyhow, but... Mr. Odio: No, wait, but the... Mr. De Yurre: Well, it is the principle of the thing. Mr. Odio: It is the prin..6 but the thing is that the university has accepted in writing, the $1.00 seat charge. I have their letter, and.:. Mayor Suarez: We will get to that when we get to Phase II. On Phase I, anything else, Commissioners? Mr. De Yurre: No, ready to vote. Mayor Suarez: OK. Read the ordinance. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10347, AS AMENDED, ADOPTED NOVEMBER 19, 1987, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW PROJECT ENTITLED "ORANGE BOWL STADIUM MODERNIZATION PROJECT - PHASE I", PROJECT NO. 404237, IN THE AMOUNT OF $1,010,000; APPROPRIATING FUNDS IN SAID AMOUNT FOR SAID PROJECT FROM SOURCES AS FOLLOWS: $60,000 FROM FY188 METRO-DADE TOURIST DEVELOPMENT RESORT TAX, $350,000 FROM FY'88 ORANGE BOWL EQUITY IN POLLED CASH, $100,000 FROM FY'88 ANTICIPATED ORANGE BOWL REVENUE AND $500,000 THROUGH A LOAN FROM THE DOWNTOWN PEOPLE -MOVER EXTENSION PROJECT; REPAYMENT OF THIS LOAN, IN A MINIMUM YEARLY AMOUNT OF $167,000 WITHIN THE TIME FRAME OF FY'89 THROUGH FY'91, BEING PRIMARILY SECURED BY THE METRO-DADE TOURIST DEVELOPMENT RESORT TAX, AND AS SECONDARY PLEDGE THE ORANGE BOWL STADIUM - EQUITY IN POOLED CASH, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: 56 May 12, 1988 0- E 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 FIRST ROLL CALL: Mayor Suarez: Let me announce my vote and say, Mr. Manager, and very clearly, I am going with you on this one, but as of now, once again, as we say about the senator from Hawaii, Inouye - Inouye, and he says: "There ain't no way." As to Phase II, we are very, very far apart in our understanding of what should be done at the Orange Bowl, and you are going to have a lot of convincing to do as to Phase II to get my vote. I vote yes. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10433. 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. 13. WAIVE BID PROCEDURE FOR CONSTRUCTION OF ORANGE BOWL STADIUM MODERNIZATION PROJECT - PHASE I. Mayor Suarez: Which is the companion item? Mr. Rodriguez: 43. Mayor Suarez: Item 43, I entertain a motion on that. Mr. Plummer: So moved. Mayor Suarez: So moved, do we have a second? Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Call the roll on 43. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-424 A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS VOTE OF THE MEMBERS OF THE CITY COMMISSION WAIVING FORMAL COMPETITIVE SEALED BID PROCEDURES FOR CONSTRUCTION OF THE "ORANGE BOWL STADIUM MODERNIZATION PROJECT - PHASE I"; RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR SAID PROJECT CONSTRUCTION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE BIDS FOR THE CONSTRUCTION OF NECESSARY IMPROVEMENTS AT SAID FACILITY UNDER SAID PROJECT; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $1,010,000 FROM THE ORANGE BOWL STADIUM MODERNIZATION PROJECT - PHASE I", PROJECT NO. 404237; FURTHER AUTHORIZING THE CITY MANGER TO EXECUTE AND/OR ISSUE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE q CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER(S). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote; 57 May 12, 1988 0 0 AYM Comis§ioner Miller j, Daakih§ Comissioner J. L. Plumor, Jr. Vine Mayor Rosario Kehhedy Mayor Xavier L. Suarez Notts Commissioner Victor De Yurre ASSENT: None ai.��ciasc-- c--------:�c.::�=scrc..�c�cns��r,r.acc��.7��xcccact.s�;ccc�sssa.��. m:rz�ccatux. asccsa�.. accc 14. ACCEPT IN PRINCIPLE THE tURLE-MARX MASTER DESIGN PLAN FOR BISCAYNE BOULEVARD, ia.��ii.Gil.Y�i��i�itLl��r�li�iiiii"If`iY��✓r.Y��T�iGa►�r•i�li�GiiiY��Gf�i`Yi iY W.�iiG�G�ti i, Y/GGGliiY Mayor Suarez: Item 34, please. Mr. Plummer: (OFF MICROPHONE) Mr. Mayor, on June 9th we will bring you a full presentation to being together with the pineapple. Mrs. Kennedy: Jack, before you start, let me just state that this world renown artist designer was commissioned by the New World Foundation to prepare a master design plan for Biscayne Boulevard. The only thing we are doing today is accepting his design principle and allowing the City Manager to go out to other organizations and show this plan and get some support. Mr. Jack Luft: So, Commissioner Dawkins, specifically, we wanted to introduce :1 to you today the designer, Mr. De Yurre, Commission, and introduce to you the J plans, so that we can go to this community, to all corners of this community, 'i and show this plan so that people can see and understand it, and if, after a period of time of introduction, there seems to be support amongst the people of this City for this kind of action, then we would bring it back to you and ask your consideration for adoption, but not until the people have seen this, so this is only the beginning of what hopefully will be a process that... Mr. Dawkins: It is not necessary to vote on it, then? Mr. Luft: It is only asking that you recognize this plan does exist and that we should go out and introduce it to this community, and I would like to. introduce Mr. Marx to you for a brief statement. Mr. Burle Marx: I am very glad be here and to show a little the rough draft `2 that we did for Biscayne Boulevard. I hope that one day it will be an important work` for the City, when the trees are growing and it will be i { finished. Mayor Suarez: We are happy and honored to.have you and to we congratulate you and commend you for this magnificent design. Jack. Mr. Luft: Thank you, and will of Commission, we would recommend that you ' instruct us to go out to community with this plan. i Mayor Suarez: Absolutely. I entertain a motion to that effect, item 34. Mrs. Kennedy; So moved. i Mayor Suarez: Moved,, do we have :a second? Victor, we need a second on.the motion. Mr. De Yurre; Second it. Mayor Suarez; Moved and seconded. Any discussion? Call the roll.. �r 58 May 12, 1988 r 0 0 the following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-425 A RESOLUTION ACCEPTING IN PRINCIPLE, THE BURLE-MARX MASTER DESIGN PLAN FOR BISCAYNE BOULEVARD AND INSTRUCTING THE CITY MANAGER TO CONDUCT PUBLIC PRESENTATIONS OF THE CONCEPTUAL PLAN PREPARATORY TO A COMMISSION HEARING ON ITS APPROVAL AS THE DESIGN GUIDELINE FOR IMPROVEMENTS TO BISCAYNE BOULEVARD PUBLIC RIGHT-OF-WAY AND ADJACENT FRONT YARD AREA SETBACKS FROM THE MIAMI RIVER TO NE 18 STREET. (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 Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Suarez: Good to have you. Wish I could say a few words of Portuguese. but I can't. Madam Vice Mayor being a linguist, I am sure can... Mrs. Kennedy: Have a safe trip back home. (COMMENTS IN PORTUGUESE) Mayor Suarez: I knew that. What does it mean? Mrs. Kennedy: Those who do not dance the samba are not good citizens. Mayor Suarez: OK, so if you don't dance it, you are not a good citizen. 15. EMERGENCY ORDINANCE: ESTABLISH NEW FUND FOR "JTPA/OLDER WORKER. FY'87- '88" AND APPROPRIATE FUNDS FOR SAME. Mayor Suarez: Item 23. Mr. Odio: This is establishing a special revenue fund, JTPA/Older Worker, FY187-188 and appropriating $17,800 for the same, from a grant from the South Florida Employment and Training Consortium, and authorizing the City Manager to accept said grant, and entering into the necessary implementing agreement. The fund will be used for the purpose of providing a job development and placement program for persons over 55 years of age and older. Mr. Dawkins: What item is this? Mayor Suarez: Item 23. Mr. Dawkins: Move it. Mayor Suarez: Moved, do we have a second? Please second it. Emergency ordinance. What is the nature of the emergency while we get a second? Mrs. Kennedy: Oh yes, I second. Mr. Odio: This ordinance is being requested as an emergency basis in order to receive the grant funds to recover operating costs from the February 29, 1988 commencement date of the program, and enter into the implementing agreement with the South Florida Employment and Training Consortium. 59 May 12, 1988 Q 0 Mayor Suarez: We have a feotiofl and a seoohd, ahy diseussiohl Read the ordihahoe. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "JTPA/OLDER WORKER, FY'81-88", APPROPRIATING FOR THE SAME IN THE AMOUNT OF $17,000 FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM TO PROVIDE JOB DEVELOPMENT AND PLACEMENT ACTIVITIES FOR PERSONS 55 YEARS OF AGE AND OLDER, AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARD AND ENTER INTO THE NECESSARY CONTRACT AND/OR AGREEMENT WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; 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 Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez.. NOES: None. ABSENT: None. 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 Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10434. 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. 16. EMERGENCY ORDINANCE: ESTABLISH NEW FUND "DHRS/ENTRANCE ASSISTANCE, FY 187-'88" AND APPROPRIATE FUNDS FOR SAME. Mayor Suarez: Item 24. Mr. Odio: This is establishing a special revenue fund from DHRS to enter an assistant program. Mrs. Kennedy: Move it, accepting the grant. Mr. Odio: Accepting the grant, Mayor Suarez: Do we have a second? Mr. Plummer: Second the money, always like to take money. Who is going to manage this? 60 May 12, 1988 r Mr, Odio: We have a program in place at Community bevelopmeht that has been doing this for years, CbffAissioner. This began way back in 1090, Mr: Plummer: Yes, and for years, it was a total disaster. 'that's out now, what's our present? Mr. Odio: It was not a disaster. That was a model of a program. Mr: Plummer: Well, is there a word worse than disaster? Mr. Odio: No, because... see, Commissioner, it was not a disaster. We have done... that program was created... Mr. Plummer: the question is, what was last year's results? Ms. Francena Brooks: Last year we over -achieved, Commissioner, We were contracted to serve a minimum of 100 persons. We actually served 166, with 108 positive placements, and I think for the first time, received an incentive award from this grant. Mr. Plummer: OK. Mr. Castaneda: We are a very strong competitor in the market right now. Mr. Plummer: Nice to hear► for a change! Mayor Suarez: Do we have a second? Mr. Plummer: I seconded it, Mr. Mayor. Mayor Suarez: Moved and seconded. Any discussion? Mr. Plummer: I always like to take money from the Federal government. Mayor Suarez: Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: DHRS/ENTRANT ASSISTANCE, FY'87- 88", APPROPRIATING FOR THE SAME IN THE AMOUNT OF $130,000 FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM TO PROVIDE JOB DEVELOPMENT AND PLACEMENT ACTIVITIES FOR CUBAN/HAITIAN ENTRANTS AND REFUGEES, AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARD AND ENTER INTO THE NECESSARY CONTRACT AND/OR AGREEMENT WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy ` Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Kennedy and seconded by Commissioner Plummer, adopted said ordinance by the following vote: 61 May 12, 1988 AYES., cbmmistioher Victor be Yurre Commissioner Miller J. Dawkihs Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10435. 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. Plummer: Thank you, Uncle Sam! ------------------------------------------------------------------------------ 17. WITHDRAWAL OF PROPOSED SECOND READING ORDINANCE TO ABOLISH THE COMPUTERS DEPARTMENT. Mayor Suarez: Item 25 has been withdrawn, item 26. Mr. Odio: Mr. Mayor, on 25, which I withdrew, but I want to bring up, I will not be bringing it back. What I will be doing is, appointing Carlos Smith - he is an assistant city manager, will have the dual function of the director, like we have done with Planning, and we have done with the Personnel Department, and that way I will not have to appoint a director there. Mr. Dawkins: Are you still... Mr. Odio: I will not, he will... Mr. Dawkins: No, hold it, you really got me... Mr. Odio: It will not be under Finance, Commissioner. Mr. Dawkins: Beg your pardon, say what now? Mr. Odio: It will not be under the Department of Finance. Mr. Dawkins: No, no, are you still going to combine the two? Mr. Odio: No. Mr. Dawkins: You are going to leave them separate. Mr. Odio: They are separate, and the only thing that I am doing is combining. Mr. Smith will have the dual functions of Assistant City Manager and Director of Computers. Mr. Odio: Well, you are not saving anything, because you didn't spend Samit Roy's salary, anyway. • Mr. Odio: Well, what I can do, if I appointed a director, as you would have, you are saving $100,000, Commissioner. Mr. Plummer: No, no! Mr. Odio: Well, that's... he is saying I am not saving anything. What I am saying is, that we are saving a director's salary. Mr. Dawkins: He already saved that! That should be a savings in the budget for that now. Mr. Odio: Right, but if I had replaced him, which is the normal procedure... Mrs. Kennedy: Are you changing the name? 62 May 12, 1986 ' Q 0 Mr. Odio: No, it will be Department of Computers, just like it is today, except that Carlos Smith will be the director. Mr. Dawkins: All right, then the director's secretary, what happens to her, since we don't have a director? Mr. Odio: We don't need a director's secretary. Mr. bawkins: All right, what happens to the lady in the job, or the man, or whatever is in the job? Mr. Odio: He will be rolled back to whatever position they were in before. Mr. Plummer: The rule of the register. Mayor Suarez: It might result in someone at some point having to be let go, is what you are saying. Mr. Odio: Yes, at the end of the line. Mayor Suarez: Anything further? No, it is withdrawn, what am I talking about? Nothing further. ----------------------------------------------------------------------------- 18. DIRECT ADMINISTRATION TO SAMPLE AIR THROUGHOUT CITY BUILDINGS TO TEST FOR ASBESTOS. Mayor Suarez: Yes, Commissioner. Mr. De Yurre: We were supposed to have in this agenda an item dealing with an asbestos report from Mr. Alberto Gonzalez, the Public Safety Coordinator. Mr. Plummer: I'll leave the room so it isn't a conflict of interest. Mr. Alberto Rodriguez: No, don't worry about it, you are going to be out on business. OK, three air samples were taken prior to the removal of the asbestos containing materials inside of the air handling room of this building, but the results were negative. After that, the asbestos containing material was removed from the air handling and from other areas. This proves that the mere presence of asbestos containing material, even though the asbestos containing material is damaged, doesn't mean that constitutes any harm for the health of the individual. This proves it. Then, after the removal, eleven samples were taken by a different laboratory. This time, Advanced Industrial Hygiene Services took eleven samples of this building. The results were negative also Nevertheless, we went to different City buildings and we visually inspected the buildings. When I am saying we, is myself, an industrial hygienist, and a health specialist from the Health Department. We selected 25 samples to be taken through different buildings of the City, and the cost of this sampling is going to be less than $400. If the Commission thinks that it is worth to spend these $400, or less than $400, we can go ahead and analyze 25 samples in Steven Clark Building, Parks and Recreation's main office, City of Miami Police Department, and the 2600 South Bayshore Drive Building was analyzed, and it doesn't -have any asbestos contamination, air contamination. Mr. De Yurre: We are talking about what? - 25 samples at $157 Mr. A. Rodriguez: No, what happened was, that I was using Advanced Industrial Hygiene Services Inc., because number one, it is one of authorized firms out of the list of approved laboratories from the Florida Department of Environmental Regulations and they are here in the City of Miami, and they agreed to charge the City of Miami only $15 to take these samples, and they are an independent laboratory. I was in direct contact with the Health Department and Harry Chering informed me that the Health Department is not prepared to conduct numerous samples. In other words, they can take a few samples, but not the tremendous amount of samples that we need to take in this case, and they charge $15. Advanced Industrial Hygiene Services is charging exactly the same as the Health Department of the State of Florida. 63 May 12, 1988 Mr, be Yurre: it is your reoolothdatioh their, that we take these 25 satnpies? Mr. A. Rodriguet: My recommendation is you take these 25 samples to prove i m ah, to be sure, that the buildings of the 'City of MihMi don't have any problem with asbestos in the air, like we proved it with this building, Mr, Plummer: Prove it to who? Mr. be Yurres CR, based on that recommendation.;, Mayor Suarez: Are you responsible for the heat that we are suffering here today? Mr. A. Rodriguez: Yes, we are, because they are changing the air conditioning now. Mayor Suarez: Good to know who to blame? Yes; Commissioner? Mr. De Yurre: I would move, based on his recommendation to go ahead at $15 per sample to go ahead and take those 25 samples throughout the City. Mayor Suarez: So moved. Mr. Plummer: For sure, second. Mayor Suarez: Seconded for sure. Any discussion, call the roll. Mr. A. Rodriguez: Thank you very much. Mayor Suarez: Haven't voted yet! The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 88-426 A MOTION APPROVING THE RECOMMENDATION OF THE CITY'S SAFETY COORDINATOR TO PROCEED TO HAVE 25 AIR SAMPLES TAKEN BY ADVANCED INDUSTRIAL HYGIENE SERVICES, INC., OF CITY BUILDINGS AT A SET FEE OF $15 PER SAMPLE, AS MORE FULLY OUTLINED IN THE PROPOSAL WHICH WAS SUBMITTED TO THE CITY BY SAID COMPANY ON APRIL 28, 1988. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy COMMENTS MADE DURING ROLL CALL: Mr. Plummer: For $300, it is worth getting rid of. 04 May 12,'1988 cN 0 L L�tLiG�3G.L,L fL—rrr—r— .--rrrr—rrrir.r—rr—fr w.--rLLLr��s:GS=tL-7-! r--GfY. 46 Z.3. 14. SECOND READING ORDINANCE: ESTABLISH NEW FUND "COMMUNITY btMOPMENT BLOCK GRANT 14TH YEAR" AND APPROPRIATE FUNb5 FOR SAME (See label 22) Mayor Suarezi Item 26, I believe is the next One = Community Development Block Grant Fund, second reading. I'll entertain a motion on the ordinance. After touch painful consideration... Mr. Plummer: Yes, second. Mayor Suarez% So moved. Mr. De Yurre: Second. Mayor Suarez: Seconded, any discussion? Read the ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Plummer: Let me ask a question. Frank, this Commission instructed you to take the Carey Institute out of Social Services and place it in Economic Development. Mr. Castaneda: That's correct. Mr. Plummer: And that amount was $25,000. Mr. Castaneda: Something in that vicinity. I don't believe it is $25,000. Mr. Plummer: And that has been done? Mr. Castaneda: Yes. Mr. Plummer: It is placed under there? Mr. Castaneda: Right. Mr. Plummer: All right, so the Carey Institute was taken out of one category, and placed in another, with no violation of any of the prohibitions? Thank you. Mayor Suarez: Call the roll on that. I'm sorry. Tom? Mr. Tom Yes, I'd like to speak in favor of that, or anything that would get you. to the items that you advertised for at 11:00 o'clock, particularly items number 45 and 46. Mayor Suarez: Que'es que cest 45 and 46? What are those items? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Well, we are trying to get to all of them. We advertised them for after that time., but we are, you know. Mr. Plummer: No, it will not happen before we go to lunch. We go to lunch in eight minutes. Mayor Suarez: I can't imagine that we'd be able to do.it before going to lunch. Call the roll on that. i� AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "COMMUNITY DEVELOPMENT BLOCK GRANT (FOURTEENTH YEAR)," AND APPROPRIATING $11,291,000 FOR EXECUTION OF SAME; AND ALSO APPROPRIATING THE SUM OF $1,045,000 FROM FOURTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME AS APPROVED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR A TOTAL OF $12,342,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of April 14, 1988, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner De Yurre, 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 J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10436. The City Attorney read the ordinance into the public record and 1. announced that copies were available to the members of the City Commission and to the public. 20. (A) SECOND READING ORDINANCE: ESTABLISH THE MIAMI INTERNATIONAL TRADE BOARD. (B) APPOINT TONY ZAMORA, DARRYL SHARPTON, MARSHA SANDERS, LEE SANDLER, HOWARD GARY, SATURNINO LUCIO, MANNY GONZALEZ, JOSEPH LORENZO, OSMUNDO MARTINEZ TO THE INTERNATIONAL TRADE BOARD (See label 23) ------------------------------------------------------------------------------ Mayor Suarez; Item 27. Mr. Plummer: I'll move it as amended. Mr. Odio: Whioh is 27? Mr. Plummer: The International Trade Board. Mayor Suarez: So moved. Do we get to make appointments today? Mr. Plummer: It says here you can. Mr. Dawkins: (OFF MIKE) What item? Mayor Suarez: Item 27, international Trade Board. Mr. Dawkins: (OFF MIKE) Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll on the establishing... AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING THE MIAMI INTERNATIONAL TRADE BOARD, SETTING FORTH THE COMPOSITION, AND TERMS OF A SEVENTEEN (17%1 MEMBER CITY COMMISSION APPOINTED ADVISORY BOARD; PROVIDING FOR A QUORUM. Passed on its first reading by title at the meeting of April 14, 1988, was taken up for its second and final reading by title and adoption. On motion of 66 May 12, 1988 1� t C6ffftissi6ner plummer, seconded by Commissioner ba+wkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES,. Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr, Mayor Xavier L. Suarez NOES., None. ABSENTt Vice Mayor Rosario Kennedy THE ORDINANCE WAS DESIGNATED ORDINANCE NO.._.10435, The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Dawkins: My three appointees are Darryl Sharpton, Tony Zamora, and let me see... What's the lady at the Black Affairs with the County, what is her name? - Marsha Sanders. Mayor Suarez: So moved. I nominate Lee Sandler, Howard Gary, and Nino Lucio. Commissioner, any further... Mr. Plummer: I'll hold mine until the next meeting. Mayor Suarez: Victor. Mr. De Yurre: (OFF MIKE) International Trade Board? Mayor Suarez: Yes. Mr. De Yurre: (OFF MIKE) Do you have Manny Martinez? Mayor Suarez: Manny Martinez? Mr. De Yurre: (OFF MIKE) Joseph Lorenzo and Osmundo Martinez. Mayor Suarez: Joe Lorenzo is not related to the other Lorenzo, is he? - well known for acquisition of Eastern. There is no conflict from Munde being on two boards? Mrs. Dougherty: There is no conflict since this is an advisory board. There would be if there was an autonomous body. Mayor Suarez: If they had any legislative powers? OK, any further nominations? Commissioner Kennedy is out there, Vice Mayor, call the roll on those nominations. 67 i� t The following motion Was introduced by CoftuniSsioAar Dawkins, who fnoV6d its adoption: MOTION NO, 86-421 A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO THE INTERNATIONAL TRADE BOARD: 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 MARTINEZ (nominated by Comm. De Yurre) JOSEPH LORENZO (nominated by Comm. De Yurre) OSMUNDO MARTINEZ (nominated by Comm. De Yurre) * (NOTE: As per memorandum dated May 16, 1988, Commissioner De Yurre, indicated that the name Manny Martinez was incorrectly given on the record as one of his three appointments to the International Trade Board. Said memorandum states the correct name is Manny G. Gonzalez. Commissioner Plummer stated on the record that he would make his nominations at the next Commission meeting.) 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. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Rosario Kennedy COMMENTS AFTER ROLL CALL: Mayor Suarez: And hold off the appointments. Can they be done in writing so we don't have to vote on them again, by the other two Commissioners? Mr. Plummer: Can they be approved in total and all the other - myself and Commissioner Kennedy submit our names in writing? Mrs. Dougherty: It has to be voted on by the board, yes. Mayor Suarez: But, can we... Mrs. Dougherty: No. Mayor Suarez: We can't approve them in advance? Mr. Plummer: No. ------------------------------------------------------------------------------ 21. FIRST READING ORDINANCE: AMEND APPROPRIATIONS ORDINANCE TO ADD $201,255 FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. ------------------------------------------------------------------------------ Mayor Suarez: OK, item 28. I'll entertain a motion on the supplementary Community Block Grant monies. Mr. Plummer: Move it. Mayor Suarez: Moved, do we have a second? Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. 68 May 120 1988 AN MINANCE ENTITLED - AN ORDINANCEREPEALING bRDINANCE NO. 10368 ADOPTED J ANUARY 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 AMOUNTS 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. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and 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. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Rosario Kennedy 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. 22. (A) RECONSIDER PREVIOUSLY PASSED ORDINANCE 10436 ESTABLISHING NEW FUND "COMMUNITY DEVELOPMENT BLOCK GRANT "14TH YEAR" AND APPROPRIATE FUNDS FOR SAME. (B) REPASS AND ADOPT ORDINANCE: ESTABLISH THE MIAMI INTERNATIONAL TRADE BOARD (See label 19) Mr. Dawkins: Mr. Mayor, I'd like to revisit 26, because ... Mayor Suarez: I entertain a motion to reconsider 26. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 88-428 A MOTION TO RECONSIDER PREVIOUSLY PASSED ORDINANCE 10426 IN CONNECTION WITH ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "COMMUNITY DEVELOPMENT BLOCK GRANT (14TH YEAR)" (NOTE: Ordinance 10436 establishing "Community Development Block Grant (14th year) Fund" was immediately re -passed and adopted.) Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: 69 May 12, 1988 13 AYES, t6fthissioner victor be Yurre Commissioner Miller J. Dawkins Commissioner .l. L. Plummer, Jr. Vita Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ASSRNT: None. COMMENTS AFTER ROLL CALL: Mr. Dawkins: Mr. Castaneda, you got $100,000 kept for target area, economic development, is that correct? Mr. Castaneda: I believe that at the Commission meeting, it was reduced to six hundred and some thousand dollars, but I will give you the exact amount. Mr. Dawkins: No. OK, six what? Mr. Plummer: Commissioner Dawkins, Commissioner Carey, or Carey Institute is in Economic Development for $25,000. Mr. Dawkins: It is? Mr. Plummer: Yes. Mr. Dawkins: OK, that's all right, no problem. It's there, OK. Well, I move 26. Mayor Suarez: So moved. Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. Do we need to move it again, Madam City Attorney? Mr. Plummer: We reconsidered this. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Mayor, I want to remind the Manager that I had asked, or this Commission asked that we be given a thing showing a five percent, and a ten percent reduction of administrative costs. I have not seen that. Mr. Odio: Well, Commissioner, what I did is better than that, we had a budget hearing with Community Development on Friday, and the last numbers that I seen, we cut their budget 15 percent. Mr. Plummer: That's fine. We'd like to do it maybe an additional five to ten percent. I would still, as requested, be supplied with that information. Mr. Odio: Well, we will be providing you that, Commissioner. Mr. Plummer: Thanks. Mr. Dawkins: Mr. Manager, before we voted to give Carey Tech $21,000, OK? This Commission voted to give Carey Tech $21,000. They have yet to receive it, OK? No, and then you guys came back with some static, but you never came back to this Commission. Now, I want to know when Carey Tech will get the $25,000 which this Commission just voted that they get. I want to know when they'll get it. Mr. Castaneda: You are talking about the fourteen... Mr. Dawkins: I want to know when they will get the $25,000 that they just told me is in item 26. Mr. Castaneda: After the contract year starts, July 1st. Mr. Dawkins; July 1st, they will get their check July 1st, 70 May 12, 1988 ' Mr. Castaneda: But, they will get a partial payment, we don't give full amounts until they can provide reimbursements for that. Mr. Dawkins: All right so they can start requesting money on the 1st4 or they can have Some invoices in to be paid on the first? Mr. Castaneda: The year starts on July 1st, to the expenses would have to be beginning July 19t, and we will be entering into a contract with them in the time between now and July 16t. Mr. Dawkins: OK, in the first fleeting in September, bring me a report of what Carey Tech has been reimbursed. Mr. Plummer: No, a copy of the check. Mr: Dawkins: A copy of the check. Because I am not going to go through this again, where this Commission makes a decision and then people come back telling us it didn't happen. Mr. Castaneda: Well, let me explain what we will give you, when we enter into contract, we give a one/sixth advance and then after that, we provide them on a reimbursement basis. Mr. Dawkins: Thank you. Mayor Suarez: OK, we have a motion on that? Mr. Plummer: It has already been done. Mayor Suarez: And read? Call the roll. AN ORDINANCE - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "COMMUNITY DEVELOPMENT BLOCK GRANT (FOURTEENTH YEAR)," AND APPROPRIATING $11,297,000 FOR EXECUTION OF SAME; AND ALSO APPROPRIATING THE SUM OF $1,045,000 FROM FOURTEENTH YEAR COMMUNITY DEVELLPMENT BLOCK GRANT (CDBG) PROGRAM INCOME AS APPROVED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR A TOTAL OF $12,342,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of April 14, 1988, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner 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 ORDINANCE WAS DESIGNATED ORDINANCE NO. 10436. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 71 May 12, 1988 is t 21, (A) APPOINT RAFAEL DIAZ-tALART AND PEDRO R610 TO THE INTERNATIONAL TRADE BOARD (See label 20) W APPOINT COMMISSIONER MILLER bAVRINS At MEMBER OF THE INTERNATIONAL TRADE BOARD. ---------------------- ----- -- Mrs. K6fth6dY! Mr, M&y6tj on 21, 1 was out of the room for a m6rnoht, I'd like t66 4 & Mayor Suarez: Oh, I am sorry, yen, Madam Vice Mayor, you have h6MIftati6fis on the International Trade Board? A Mrs, Kennedy: Right, 1 have two appointments, Rafael Diaz-balart and Pedro Roig, Mayor Suarez: So moved. Do you want to hold off on your third? Mrs. Kennedy: Yes, I will. Mr. Plummer: Commissioner Plummer has got his three pending. Moved, do we have a second? Mr. Plummer: Second. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-429 A MOTION APPOINTING MESSRS. RAFAEL DIAZ-BALART AND PEDRO ROIG TO THE INTERNATIONAL TRADE BOARD. (NOTE: Messrs. Diaz-Balart and Roig were nominated by Vice,Mayor Kennedy.) 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. COMMENTS MADE AFTER ROLL CALL: Mrs. Kennedy: And we also have to name the person on this board who will serve on that committee as well as the staff. Mr. Plummer: Say again? Mayor Suarez: It includes a membership from one Commissioner? Mrs. Kennedy: Correct. Mayor Suarez: I'll nominate Commissioner Dawkins. Mr. De Yurre; Second, Mrs, Kennedy; I second, Mr. Plummer; You are the appointee to the International Trade Board. Mr, Dawkins; Ok I second. Mrs. Kennedy; Do Yurre seconded. 72 May 12# 4988 SN t I Mayor Suarel: S6th6b6dy ball the roll, plea§&, Mr&, [fehhedy: Plea§e call the roll, The f6116wing motion was ihtrodue6d by Mayor Suarez, who t'n6ved its adoption: MOTION NO. 88=430 A MOTION APPOINTING COMMISSIONER MILLER DAWKINS AS THE CITY COMMISSION'S DESIGNEE TO SERVE ON THE INTERNATIONAL TRADE BOARD. (NOTE: Commissioner Dawkins was nominated by Mayor Suarez.) 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. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: I want to remind Commissioner Dawkins that he was appointed, not anointed! Mayor Suarez: And I have to say that I saw the developing fluency in Spanish in the Venezuela trip and I know that as part of this board he is going to complete that. THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON RECESS AT 12:01 P.M. AND RECONVENED AT 2.06 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT VICE MAYOR KENNEDY. 24. EMERGENCY REPRODUCTION OF PROGRAMS FOR MIAMI CONFERENCE ON INTERAMERICAN TRADE AND INVESTMENT. ------------------------------------------------------------------------------ Mayor Suarez: Item 29, ratifying... we need four/fifths, we have four Commissioners here - InterAmerican Trade and Investment. We have all five of us. I entertain a motion on item 29, $6,500. Mr. Dawkins: Oh, I'll move it and wait for the second to discuss it. Mayor Suarez: Moved, do we have a second? Mr. Plummer: Second. Mayor Suarez: Seconded. Commissioner Dawkins. Mr. Dawkins: Mr. Manager, why wasn't this done in a timely manner, and why would it necessitate an emergency of such a nature, that you have to do it over night? Mr. Odio: According to the explanation that was given to me in writing, Commissioner, the service was classified as an emergency because of the short time available that they had to produce the programs. Without the timely production of this program materials, this City would have presented a negative image, not conducive to this... Mr. Dawkins: OK, all I am saying is, who put this on? 73 May 12, 1988 WItENTI b SPIA Elk '(OFF Mtkt)t did, Mr, bawkin§ No, no, what organifation 15ut on the conference, work§hop, seminaf, or what have you? Mr, Herb bailey: CCA, Caribbean American 06nfer6nce Mr. bawkins: And they didn't know that they needed a brochure in time for you to have had it printed? Mr. Odio: This conference, as f can remember, was produced, this first year, in a short period of time, it was something that they decided that they could hold before the big Caribbean Conference and it was prepared with a very short notice for last year. Mr. Dawkins: OR, what is account number 550101-340, so that when I need some money, I know where to go? No, no, here is what it says: ... Mr. Odio: That is the Department of Development. Mr. Dawkins: funds in the amount are available from account no. 550101- 3 40 . Mr. -Baileys We11, that is the Department of 'Development's budget, Commissioner. Mr. Dawkins: No, no, what is the object code 340? Mr. Bailey: I don't know what that is. Mr. Dawkins: Well, let's find out, because when I -want some money, L am going to tell you all to go to 340. Mr. Bailey: No, Commissioner, what I am trying to: explain, that is"a part of this Department; of Development's budget; and we spend the money from our budget under that 'account. It is already allocated to us. It is not a general account that you can just go to. Mr. Dawkins: OR, how much is left in that account, so again... Mr. Bailey: Probably nothing. Mr. Dawkins: we 'will get where I -am trying to get, eventually. Mr. Bailey:, I don't know the exact amount, sir. Mayor Suarez: From the Manager's office, how much is left in that account? Would you please get that to us? Do you want to hold the item? Mr. Dawkins: No, Mr. Mayor: Mayor Suarez: Subject to getting that information. Mr. Dawkins: No, we'll get the information, we'll get it, and send it as, a memo to all.of us,.because all of us will be needing that account number. Mayor Suarez: OR, you want to move the item? Mr. Dawkins: I move it. Mayor Suarez Moved, do we have'a second Mr. De Yurre; Second. Mayor Suarez; 74 May, 12, 19se The following resolution was introduced by CommissiOher Dawkihs, who moved its•adoptioh: RESOLUTION NO. 88-431 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, THE ACTION OF THE CITY MANAGER IN FINDING THE REPRODUCTION SERVICES OF THE PROGRAMS MATERIALS OF THE MIAMI CONFERENCE ON INTERAMERICAN TRADE AND INVESTMENT TO BE AN EMERGENCY AND IN AUTHORIZING THE ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR SUCH SERVICES TO XEROX CORPORATION DEVELOPMENT AT A TOTAL PROPOSED AMOUNT OF $6,573.60; FUNDS THEREFOR ALLOCATED FROM THE 1987-88 OPERATING BUDGET ACCOUNT CODE NO. 550101-340. (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 *NOTE: Although absent during roll call, Vice Mayor Kennedy later asked of the City to be shown as voting with the motion. ------------------------------------------------------------------------------ 25. EMERGENCY REPAIR OF UNINTERRUPTABLE POWER SUPPLY SYSTEM AT COMPUTER DEPARTMENT. ------------------------------------------------------------------------------ Mayor Suarez: Item 30. Mr. Plummer: Move it. Mayor Suarez: Moved. Mr. Dawkins: Second. Mayor Suarez: Seconded, any discussion on item 307 - requires four/fifths vote. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-432 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A 4/5TH AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY r.: COMMISSION, THE ACTION OF THE CITY MANAGER IN FINDING THE REPAIR OF THE UNINTERRUPTABLE POWER SUPPLY SYSTEM AT THE COMPUTER DEPARTMENT TO BE AN EMERGENCY AND IN i' AUTHORIZING THE ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR SUCH SERVICES TO POWER SYSTEMS AND CONTROLS FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED AMOUNT OF $5,629.91, FUNDS THEREFOR ALLOCATED FROM THE 1987-88 OPERATING BUDGET, ACCOUNT CODE NO. 420401-670. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 75 May 12, 1988 is c bpbh being setohded by Cbmissioner Dawkihs, the resolution was Passed and adopted by the following vote: AYESt Commissioner Victor be Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suaret NOES., None. ABSENTS None. *NOTE: Although absent during roll calli Vice Mayor Kennedy later asked of the City Clerk to be shown as voting with the motion. 26. DIRECT CITY ATTORNEY TO PREPARE CHARTER AMENDMENT FOR SEPTEMBER 6, 1988 TO PROVIDE FOR FOUR YEAR TERM MAYOR. ------------------------------------------------------------------------------ Mr. Dawkins: Skip 311 Mayor Suarez: Yes, item 31 is...Oh! Mr. Plummer: Defer! We are going to defer that to the electorate. I move it. Mr. De Yurre: Second. Mayor Suarez: Item 31 has been moved and seconded. Any discussion? Mr. Dawkins: (OFF MIKE) You got to put money in it, a money figure in it. Mr. Plummer: What money? Mayor Suarez: I hope it doesn't involve spending any money. Mr. Plummer: None whatsoever. Mayor Suarez: OK. NOTE FOR THE RECORD: VICE MAYOR KENNEDY ENTERED THE MEETING AT 2:12 P.M. Mr. Dawkins: Call the roll. Mayor Suarez: Call the roll with that proviso. Mr. Plummer: As a matter of fact, we are going to cut your budget, since you are going to be there longer. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-433 A REF':UTION DIRECTING THE CITY ATTORNEY TO PREPARE A CMARZT: AMENDMENT FOR THE SEPTEMBER 6, 1988 ELECTION TO ?MIDI FOR A FOUR YEAR TERM OF OFFICE FOR THE ELECTED MAYOR OF THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote; 76 May 12, 1988 AYES: Commissioner Victor be Yurre Commissioner Millar J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENTt None. i G---------------------------------- - ----------- i-- 27, DIRECT CITY ATTORNEY TO PREPARE CHARTER AMENDMENT FOR SEPTEMBER 6, 1088 FOR EXPANSION OF OFF-STREET PARKING AUTHORITY MEMBERSHIP. Mr. Plummer: Move item 32. Mayor Suarez: Item 32 has been moved. Mr. De Yurre: Second. Mr. Plummer: Wait a minute, wait a minute. I think we need to talk about this. I'm very much in favor of the expansion of the board. Concern has been raised, Madam City Attorney, about the possibility that there would be a full time City Attorney, in other words, the same City Attorney at all times would be assigned to this board, that there would be a continuance. Mayor Suarez: I thought that the idea was that we would select the attorney that would represent... does it really need a separate attorney to represent the Authority? Mr. Jack Mulvena: There isn't probably an Authority that I know of in the country that doesn't have their own counsel, because by the nature of an Authority, it really occasionally is, if not at odds, have different interests than the collective body. Mr. Plummer: Well, that is even a better reason that you shouldn't have it, if they are at odds with us. Mr. Mulvena: Well, I am being honest, J.L. Mayor Suarez: All we had said before is that we would select the attorney, whatever the attorney was, right? Is that what is embodied here, Madam City Attorney? Mrs. Dougherty: What this is is simply a resolution and the language has not been prepared yet, how you want do it, but this resolution says that the City Attorney would be general counsel to the board, and any special counsel would be approved by the City Commission. Mr. Plummer: Yes, then there is flexibility there. Mrs. Dougherty: Let me ask you a question, though. On both of these resolutions, they have been prepared for the September 6th election. Do you want them on September 6th, or October 4th, or November 8th? Mayor Suarez: I don't think October 4th would be a good idea, because that is such a low turnout expected election. What did you have on 31, what date? Mrs. Dougherty: November 6th, I mean, September 6th, is on both of them. The question is, do you want this to be on the September 6th, or November 8th election? Mr. Plummer: What difference does it make? Mrs. Dougherty: You might have a difference turnout. Mr. Plummer: I say September. If it fails, we can put it back on for November. 77 May 12, 1988 Mrs, Dougherty: No, you thh't. Mayor Suarel: 1f it fails, we give up, Mr, Plummer: We111 snake it a six year tern, and out it back on for November, Mayor Suarez: Doss anybody know if the September election of that sort, is typically a high turnout election? It is pretty high turnout, isn't it? Mr. Plummer: Yes, because you have both parties vying. Mayor Suarez: And it does have less things on the ballot, presumably, in November, if we stop putting things on the ballot. 1 have no problem with September 6th myself, and that is what we voted before, Madam City Attorney, so we wouldn't have to redo the vote on 31. Mrs. Dougherty: That would be fine. Mr. Mulvena: Commissioners and Mayor, on item 32... Mayor Suarez: You wholehearted endorse the increase to 11? Mr. Mulvena: Actually, what we do endorse is a recommendation to defer so that our own Charter Amendment committee chaired by Dr. Padron would have an opportunity to meet with the City Attorney. Mr. Plummer: Well, he has got that opportunity. Mr. De Yurre: Well, you have only had six months to meet. Let's not pussyfoot around, let's get on with it. Mr. Dawkins: I finally got somebody who thinks like me about this. Mrs. Dougherty: OK, we'll bring back this resolution sometime before July 8th, because July 8th is the last day which you can pass this on final reading. Mayor Suarez: Tell Dr. Padron that I am sure all of us would be more than willing to talk to him about it. In the meantime, I don't hear anyone here wanting to defer this. I'll entertain a motion on 32. Mr. De Yurre: Move it. Mayor Suarez: Moved and seconded. Mrs. Dougherty: This is only the first step, we have one more reading. Mayor Suarez: Any further discussion on 32? Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 88-434 A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE A CHARTER AMENDMENT FOR THE SEPTEMBER 6, 1988 ELECTION TO PROVIDE FOR THE FOLLOWING: (a) EXPANSION OF THE CITY OF MIAMI OFF-STREET PARKING AUTHORITY MEMBERSHIP TO A TOTAL OF ELEVEN MEMBERS: (b) EMPOWERING THE MIAMI CITY COMMISSION TO MAKE ALL APPOINTMENTS TO SAID BOARD: AND (c) PROVIDING THAT THE MIAMI CITY ATTORNEY BE GENERAL COUNSEL TO SAID BOARD AND THAT ALL SPECIAL COUNSEL BE APPROVED 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: 78 May 12, 1988 c Aug: Comaissioner Victor be Yurre Commissioner Miller J. bawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. ---r----------------------- ----:.—r----' ai.GGii. 28. SALARY FOR JORGE FERNANDEZ, CITY ATTORNEY, SET AT $920000. Mayor Suarez: Item 33. Mr. Plummer: We will all defer to the Mayor's wisdom of the center chair. Mayor Suarez: Forty nine and one/half. Mr. Dawkins: Second. Forty nine and one/half? Mr. De Yurre: Call the roll. Mr. Jorge Fernandez: Nay, nay, nay! Mayor Suarez: We particularly don't want to hear from Mr. Fernandez. Mr. Plummer: Forty nine and one/half, Mr. Mayor, is a hell of a lot of money. We are in a budget crunch. Mr. De Yurre: Let's find out how good an attorney he is. Mr. Jorge Fernandez: Well, I am good enough not to leave the room, in spite of the fact that I am a little bit embarrassed. Mrs. Kennedy: He has got... Mr. Plummer: You think you are embarrassed now, wait until we get finished! Mayor Suarez: Remember the adage of the big MO. It is not in your favor; do not leave the room. What, let's see - the comparable salaries? The highest paid City Attorney is what? Mr. Fernandez: Mr. Mayor, the highest paid City Attorney right now is Chief Deputy Bob Clark, actually making $97,000. My... Mayor Suarez: How about other cities? How are other cities doing? I don't even want to hear about the County, but... Mr. Fernandez: I'm sorry, I misrepresented that, it is $96,000. The actual City Attorney is making $97,000. Myself, as a deputy, together with my two other deputies, Mr. Copeland and Mr. Jones, we are making $85,000. Mayor Suarez: I thought it was $83,000. Mr. Plummer: (Whistlet) Mr. Dawkins: Plus perks. Mr. Dawkins: Commissioner De Yurre said he wants to change over from Commissioner to City Attorney. Mr. Plummer: And what is the City Manager making? Mrs. Kennedy: $92,000. Mr. Plummer: How long since you have had a raise? And you have been City Manager how long? - too long, I agree with that! 79 "aY 12, �98b Mrs. Kennedy: Well, it All depends, as tatapared tb whol Mr, bawkinst What is the last City Attorney'§ salary? Mr. Fernandez: Mrs, bougherty, when she became City Attorney in 484169 Mr, bawUtha: What is her salary howl Mr. rethandet: $074000. Mr. bawkins: $01,000, OK, all right. Mr, Fernandek: Nor salary presently is $01,000, Mr. Dawkins: Oki so now we need to go back down from $01,000 to what? Mr, be Yurre: Welli I think what we should doi we need some parameters to work with, you knowi something that we can use as a base. Cesar, when you have these appointments to Assistant City Manager, what kind of rates are they getting for their new positions? Mayor Suarez: What is the salary of the new Assistant City Manager? I believe the new ones were Angela and Sergio. Mr. Odio: It depends. I think everyone got what - five percent? Five percent. Mayor Suarez: From what to what? Mr. Odio: Sixty-nine to five percent increase. Mr. Dawkins:(OFF MIKE) Let's do, it and get the hell out of here. So what you are saying is five 'percent of the present salary. Mr.. De Yurre: I'm trying to see where we're at. Mr. Dawkins: OK, no problem. Let's do it and get the hell out of here. Mr. Odio: But, again I will repeat it for the record, that they are holding two positions in one. Mr. Dawkins: So, what is it the consensus of five percent on top of what he is getting, and let's go to the next agenda item? Mayor Suarez: Absolutely. Mr. Dawkins: Well, I move we give him five percent on it. Mr. De Yurre: Let's analyze this, you know, there are a number of things we need to analyze. Another thing is, the concept of a subordir,.ate making more than the actual City Attorney. You know, it is something, you know, maybe we can live with that, but I think it is something that needs to be mentioned here, at least. Mayor Suarez: I entertain a motion to reduce the subordinate salary back down to... Mr. Fernandez: No. Mr.Dawkins; Nod Mayor Suarez; $80,000 to $75,0001 Mr. Plummer: $48,500. Mayor Suarez: $48,500. Mr, De Yurre: I think another... Mayor Suarez; I mean, remember that, Commissioner, that the fact that for historical reasons, and whatever, some of these salaries have been a little { bit more than we can really afford, does not mean that we should, at least for 4 fi 80 May 12, 1988 fnyseif, we should be trying to meet that; just because s6ffit6,e is there, bob Clark has been around for how Many years UNMEN`II€'Ibb SPEAKtR- (Ott Mt): 24. Mayor 5uarele 24. Mr. De Yurre: I'm willing to bypass my raise here, for the next three years, but ohe thing also that we can consider, is the fact that Ms. Dougherty, when she started out in 184, she started out making $85,600, and if you look at the CPI, and the inflation rate, of what that $85,000 plus is today, it comes up to $96,100, so that is another item to consider. Mr. Plummer: Well, let's also add another thing to that, and that's the City Manager's pay. I think you have got to take it all into consideration. Mr. be Yurre: Hell, I am just... I am not, you know, supporting any idea, I am just throwing out things that we can consider, to come up with a figure. Mrs. Kennedy: What we are considering is $93,0001 - $93,5007 Mr. Fernandez: Well, I am waiting for the wisdom of the Commission, afterwards to make a statement myself, that would perhaps... Mayor Suarez: Very smart approach. Mr. Fernandez: ... give you some guidelines. Mrs. Kennedy: OK, because you make $85,000. Mr. Fernandez: Yes, Ma'am. Mrs. Kennedy: Plus the 10 percent increase. Mayor Suarez: I won't go for 10 percent increase, but I am one vote. Mr. De Yurre: How much is Cesar making now? Mayor Suarez: $92,000. Mr. Plummer: $92,000, he said. Mayor Suarez: The Manager is making $92,000. Mr. De Yurre: I'd be willing to put it at $92,000, and that is way less than 10 percent. Mayor Suarez: Is that in the form of a motion? Mr. De Yurre: Yes. Mr. Fernandez: Mr. Mayor, if I may be so blunt..... Mrs. Kennedy: Let me second for arguments sake. Mayor Suarez: Wait. Madam Vice Mayor. $92,000 is the motion for compensation for the City Attorney, and the Vice Mayor is seconding it, I believe, for discussion purposes. OK, Mr. Fernandez. Mr. Fernandez: Yes, this is an opportunity for me to just make a presentation to you at this time. The very forthright decision that this Commission made last week in appointing me, electing and appointing me to be your City Attorney was viewed, and I, myself, accepted it, as a promotion from within. It is a well established rule, even within our Civil Service rules in the City of Miami that when an employee in any department is promoted to the next step, or the next category, or to any other job, my better understanding of it is, that there is 10 percent automatic increase attached to that promotion. My present salary being $85,000, it would make all kinds of sense, in keeping with otherwise administrative proceedings within the City, to raise that by 10 percent. However, even though I do not personally, and I don't want Mr. Manager to take any exception to this, as the City Attorney, I am a peer, and I work together with the City Manager. Our job, the nature of our job, and 81 May 12, 1988 f' c c responsibilities however, are quite diffeteht, and while to me it is a emplirnent to be compared to Mr. Odio, I would much rather be evaluated and stand on my own, when it comes to merit, as well as to salary, so t petsonally would not accept comparisons by way of salary. 1 will however, very ouch accept anything that this Commission deems to be an appropriate salary for its City Attorney. Mayor Suarez: OK, anything further? We have a motion and a second. Maaam Vice Mayor, Mrs. Kennedy: Let me address another issue; Mr. Manager, Mr. Copelan is an Anglo. Quince Jones is a Black. Where are the women now that Lucia is leaving? Mr. Odio: I don't run the City Attorney'* office. Mayor Suarez: She ,just quit. Mrs. Kennedy: But, you hire people. Mr. Odio: No, no, Commissioner, please. I have never hired an attorney. Mrs. Kennedy: OK, let me address another point. Out of your four Assistant City Managers, only one is a woman. Mr. Odio: OK, I have four Assistant City Managers. One is a woman... Mrs. Kennedy: Only one is a woman. Mr. Odio: Only one out of four. Mrs. Kennedy: Yes, OK, that is what I am saying. Mr. Odio: And two Blacks... Mrs. Kennedy: OK, we are talking about the same thing. Mr. Odio: Oh, I am 'sorry. Mrs. Kennedy: I think that if you are filling the deputy position, definitely Jorge then, you should consider a woman. Mr. Fernandez: Yes, we presently do not intend to fill positions, because, we are very mindful, Vice Mayor Kennedy, of the crunch that the City is going through and we are very sensitive to the Manager's dilemma, and to cooperate with him, we are foregoing the filling of the vacancy that I leave, until another time in which the City is in better financial situation to fill it, and your concerns relative to hiring women, is something that in the Law Department, traditionally we have always had an excellent ratio. Presently, out of 16 Assistant City Attorneys, or attorneys in our department, my better counts indicate that there are six. Mrs. Kennedy: Right. Mr. Fernandez: Six, seven women, and I am very sensitive to that issue, and I can a assure you that both in promotion and in hiring, that is a goal that we certainly have in mind. Mr. Dawkins: Since you are so sensitive, how many of the 16 are black? Mr. Fernandez: I believe that five, Commissioner Dawkins. Mr. Dawkins: Five out of the 16? Mr. Fernandez; Yes, sir. Mr. Dawkins: OK, that's.. Mr. Fernandez; Only four Hispanics, or Cubans. Mr. Dawkins; Well, you better be a little more sensitive there, I guess! 82 May 120 1988 Mayor guavas: OR, Mr. Fernandes: Yes, sir, Mr. bawkins: How many Anglo? Mr, Fernandes: Well, Y'm not very good at math, I barely got a "V in collage in it, and so, you know, if you add six, that's,., Mr. bawkins: Are you bragging or complaining? Mr. Plummer: How come you are to damn good when it comes to women, Blacks and Latins, but when it comes to Anglos, your math gets bad? Mr. Fernandez: Well, because that would be the other. Mr: Plummer: My math is going to get bad on his salary+ right? Yes, my math is perfect! Mr. Fernandez: Also, one last statement in... yes. Mayor Suarez: We have a motion and a second. Any further discussion? Call the roll. Mr. Plummer: Wait a minute, let me ask real quick. My math is bad. What would $92,500, is that is what is proposed? Mayor Suarez: $92,000. Mr. Plummer: $92,000. How much of a raise would that be, percentage wise? Mayor Suarez: It is about seven percent, seven and one-half percent, almost eight percent. Mrs. Kennedy: It is over seven. Mayor Suarez: OK, any further discussion? Any further mathematics? Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption:' RESOLUTION NO. 88-435 A RESOLUTION FIXING AND ESTABLISHING THE SALARY AND. COMPENSATION OF JORGE L. FERNANDEZ, WHO WILL SERVE AS CITY ATTORNEY OF THE CITY OF MIAMI COMMENCING 9:00 A.M. ON JUNE 6, 1988. (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 NOES: Mayor Xavier L. Suarez ABSENT: None COMMENTS MADE DURING ROLL CALL: Mr. Plummer: You know, I am going to put on the record what I had favored, I favored $90,000. That was my number. $92,000 is not that much different, ! I'll vote yes. i €._ Mayor Suarez: Being consistent, I will say no, but otherwise value your services greatly, just can't imagine that money would be the way to compensate you properly, so, and we don't have the money. 83 May 12, 1908 ec.z�:�:.=ram=�t=c.c cn�.e�a��r.�c�r.sie.�c��.�+�zrc�sc�ct�tcic.��cr�ateec $.crc�,zace� rc��+zccc 20. bISCUSSICN CONCMINO EVALUATION Of' CtSAR bblb, CITY MANAOSR, Mr, Plummer: Mr. Mayor, at this time i would like to ask that consideration by this Commission in whichever way it deems necessary or feasible that we do an evaluation of the Manager for consideration of "salary increase which he has not received for two and one-half years, I think it is well in order, and I am not trying to say how we go about that evaluation, but I think we should do it and have it on the agenda for the next meeting. Anybody have any ideas, I am willing to listen. You want to go a flat percentage? You want to get a committee to evaluate, but I think it is in order. Mayor Suarez: No, no, committee to evaluate the Manager's salary, no please! By the way, record my vote as "no", I don't know if I made that clear, Mr. Odio: Can I make it easy? I prefer that if there would be any salary increases that it would not be done now, that if you so choose... Mayor Suarez: That solves that. Next item. Mr. Odio: Wait a minute, Mr. Mayor, let me finish... that if you so choose, that I get a deferred compensation for next year, since I am getting close to my retirement. I don't believe where in a moment where I am facing layoffs, that it would be... I appreciate Commissioner Plummer... Mr. Plummer: I accept that, Mr. Manager. Mayor Suarez: We do appreciate your taking that particular position, in view of the situation, and the symbolic element of that. 30. APPROVE PROPOSED RENOVATION OF GUSMAN CULTURAL CENTER/OLYMPIA BUILDING AT $6,121,000 COST; AUTHORIZE NEGOTIATIONS WITH FLAGLER LANDMARK ASSOCIATES. Mayor Suarez: Item 35, Gusman Hall renovations. Mr. Rodriguez: Good afternoon. The item 35 that is before you today is to ask your review and approval... Mayor Suarez: It is a modification of a prior one that we have approved 25,000 times. Mr. Rodriguez: I don't believe you have approved that before in any detail, but if you want to, I can summarize this by only referring you to page 35.7'of your package. In summary, what we have is, you asked to review the proposal of the Gusman Hall and Olympia Building... Mr. Plummer: Wait a minute, what item is this? Mr. Rodriguez: 35. Mr. Plummer: What happened to 34? Mr. Rodriguez: You already approved it this morning. Mr. Plummer: We did? Mayor Suarez: Yes. Mr. Plummer: Did we approve what? Mr. Rodriguez: Approved that the staff will go and meet with people to explain the project and try to come back before you later on, and so you can approve it in principle if you want to. 84 May 12, 198$ Mrs. Kehnedy: It was just directing the City Manager to gb but and talk to the public and show the... Mr. Plummer: What about, did this Commission go into financing? Mrs. Kennedy: No. Mr. Rodriguez: Thera was no approval of the design itself: It was accepting the drawings and then asking the Commission to continue... Mr. Plummer: Well, we didn't even have to accept them, because we didn't pay for it. Mr. Rodriguez: But, accept the concept so that we could go and explain to the rest of the public what it means, so that we can go back again. Mayor Suarez: As a worthwhile thing to try to find funding for. Mr. Rodriguez: Get support for it and see if you will support it eventually, financially. Mayor Suarez: Resolution of support. Mr. Rodriguez: Item 35, as you remember, this has been before you on different occasions. What we have before you now is a proposal by which we will get the renovation and the redevelopment of the existing Gusman Cultural Center, Olympia Building, at a cost not to exceed six point one to $1,000,000 and that if you approve this, I will authorize the City Manager to finalize the negotiations with Flagler Landmark Associates. As part of how to accomplish this, we are proposing, following your directions, to get financing through the Sunshine and State Government Financing Commission, for a maximum of $7,200,000, which is the only thing that is available at this point from that source, and if you were to approve this, the repayment of this loan would be secured by rental payments of which 10,000 square feet approximately, will be handled by the City, and 25,000 square feet will be occupied by the Department of Off -Street Parking. Also, the proceeds of the rental area, that we have, the retail area that we have in the building, which is approximately 300,000 square feet, will be applied to the project cost to reduce the cost. In addition to the rental rates that we have applied to this, we would have to secure a certain amount of money for the operation and maintenance expenses of the building, and if you were to approve this, it would require that you will approve it for the term of the loan, which is estimated to be approximately 24 years. We will have to come back before you on June 19th, following, with this coming week, so that you will have... excuse, me, May 19th, the following week, so that you will have a chance to review the agreement that we are proposing. We believe this is the most economically advantageous and financially advantageous approach to renewal and remodeling of this building which is owned by the City and has a historic significance for the City. When you started the negotiations on this some time ago, through your Administration, there have been different approaches have been followed as to the size of the building. When I was assigned in January of this year to work on this project and try to come to a conclusion, the proposal that was contemplated at that time was for a building that was approximately $10,500,000. When we tried to look at the availability of the best possible funding source, that we could use, we look at Sunshine loan. At that time, the only money available was $7,200,000, so right there... Mayor Suarez: Sunshine State pool. Mr. Rodriguez: Right, what did I say? - Sunshine State pool. Mayor Suarez: There are other parts of the Sunshine Law that we don't need to get into. Mr. Rodriguez: Oh, I am sorry. You are correct. When Sunshine State Governmental Financial Commission, at that time, the amount of funding that was available through that source as only $7,200,000. For that reason, we asked Flagler Landmark to scale down their project and they came with a proposal of $6,694,000. 85 May 12, 1988 4b a Mrs. Kennedy: Sergio, excuse a second. Is that $6,000,000 under interior tenant finishes, there is a difference of $65.000, even though both calculations were $18 a square foot. Did they include more of square footage? Mr. Rodriguez: They were using more square footage than we were using. If you don't mind, maybe we can... if you refer to your page 35-7, in which we have exhibit two, there is a comparison... Mrs. Kennedy: Yes, that is where I am. Mr. Rodriguez: ... there of the two figures, the option "a," the one proposed by Flagler Landmark and option "b" is the one that the staff proposed. If you look at the figures that you have in both of two columns, basically the hard costs are the same for the Gusman Theatre renovation, Olympia Building renovation. The rest of the figures, and specifically, interior finishes, architects, engineers fees, management costs, legal services, insurance, audit expenses, the subtotal, developer fees and other costs have been reduced by the Administration proposal. The total amount of reductions of the Administration has proposed is in the neighborhood of $800,000 from the proposal that Flagler Landmark proposed to us, and we have increased the amount of contingency to double what they proposed, feeling that a project of this nature might have some problems as we start working on it and we want to be safe in that sense. I believe we have an agreement with the representatives from Flagler Landmark, in all aspects, except one area, which is the fee to be paid to the architect and engineer, that we have established that it should be at seven percent, and I believe they a difference in that figure. I would like to add that on the meeting that we had on April 27th with the Department of Off -Street Parking, the board of directors of the department agreed to the recommendation that we have, and to the split of 70- 30, that we are recommending, and which they will assume 70 percent of financial responsibility for the debt service and maintenance of the building and the City will assume 30 percent. Other than that, we looked at different financial options. We looked at the possibility of private placement borrowing and certificate of participation and nothing came closer to the figure that we are proposing, which, at this point, assuming a $10 per square foot maintenance fee, which might be a little bit lower in the future, we have come to a figure of approximately $26 per square foot per year, that it costs the City for the office space that will be required for us to use, if we were to follow this proposal. Mr. Plummer: What's the total square footage as proposed? Mr. Rodriguez: The total square footage of this option that we have this 35,000 of offices. Mr. Plummer: And how much retail? Mr. Rodriguez: 3,000. Mr. Plummer: So you are talking about a total of 38,000 square feet for the entire building? Mr. Rodriguez: Of usable building, of the Olympia building. In addition to that, we have the Gusman Center. Mrs. Kennedy: Of which the City will take 10,000, and Off -Street Parking will take 25,000. Mr. Rodriguez: 25,000, approximately. Mr. Plummer: Give me the breakdown in dollars. How much of the 6.1 are you proposing would go into the building? Mr. Rodriguez: Of the 6.1, well, hard costs of the 6.1, 2.292 will go into the building. Mr. Plummer: Wait a minute - two... Mr. Rodriguez: 2.292. Mr. Plummer: And how much in the cultural center? 86 May 12, 1988 I Mr, ft6driguex: 1,100, It is on your exhibit 2. Mayor Suarez: Oko now we ire talking about capital e6sts, helve just switched from operating to capital, the total for... Mr. Plummert Well, what else is going into..: Mayor Suarez: renovation is 6.12. Mr, Plummer: What else is going into the building? - because that only cones out to about $4,606,000. Mr. Rodriguez: Well, you have to add... if you go to exhibit 2, and you go through each one of those items, including that figure, we have also the interior tenant finishes, and we have the fees for the architects and engineer that we are... Mrs. Kennedy: But, which of the two numbers are right, yours? Mr. Rodriguez: We are proposing that, your staff... Mrs. Kennedy: No, no, the interior tenant finishes, which is the big discrepancy... Mr. Rodriguez: We believe ours is correct. The difference that we have, major difference of opinion, between... and I would have to leave Mr. Cardenas to react to this... I believe it is in the fee that we have assigned for the architect and engineer, which we have established at 7 percent of the cost of the whole amount, and I believe they will like to have a higher figure that will result the $65,000 difference from what we are proposing. Mrs. Kennedy: OK, how about the contingency? Here you have 5 percent, you have 10 percent. Mr. Rodriguez: They have 5 percent and we have 10 percent. We believe that we in the contingency should have double the amount that they propose, because we feel that in a building of this nature, we might find things that we don't know at this point, and... Mayor Suarez: So, on one point, you are lower, and the other point, you are higher than they are. Mr. Rodriguez: Right. We reduced their fees, basically, by $800,000 and we doubled the amount of contingency to a cost of $200,000. The difference between the two proposals is $600,000 lower in our proposal. Mayor Suarez: $600,000 lower? Counselor? Mr. Plummer: Excuse me. Once again I am going to ask a question. Mr. Rodriguez: Yes, sir. Mr. Plummer: What is the total amount of money that is dedicated for the building? - not the Gusman Center, for the building. Mr. Rodriguez: Once again, we are going to try to tell you, that it is 2.92 million dollars, plus a percentage of all those figures which are shown. Mr. Plummer: And that is exactly the number" Iwant` - what is those percentages? Mr. Rodriguez: I will have calculate each one of those. I'll give it to you right away. Mr. Plummer: It can't be that difficult. Mr. Rodriguez: Well, from the estimate that I got, let me try to come.up with that figure, and I'll come back to you right away. Mr. Cardenas: Yes, Mr. Mayor, members of the Commission, for the record, my r name is Al Cardenas, I am an attorney representing the Flagler Landmark } Associates group, with offices at 1401 Brickell Avenue. I am also one of the u 87 May 12, 1988 7 1 • partners in the Flagler Landmark Associates, and along with me are two of any partners, Jaime Borelli and Jim Beauchamp, who along with Art Hill, who was here this morning, comprise our group. As you know, we have been at this since 1085, when an RFP was issued by the City of Miami. We have been before you on a number of different occasions and we have as a group, collectively, the four of us, already spent upwards of $150,000, closer to $200,000 in the fees incurred in getting the project to where it is today. As you know, we have had three different variations come about and we are here before you after... Mrs. Kennedy: Excuse me Al, let me just interrupt you on a point that you just made on the legal fees. Why, Sergio, is your figure $15,000? Mr. Rodriguez: Because in our negotiations, we felt that part of the risk they were taking as developers, they have to assume themselves. Mayor Suarez: He doesn't want to pay for past legal fees that they.... Mr. Rodriguez: We are saying that we are assuming that $75,000 is adequate and that part of the risk they assume in assuming the project, they will have to pay from their own winnings. Mr. Cardenas: If I may, I also brought with me, my horoscope for today, I don't know if you would like for me to read it to you, but it is getting customary government matters to deal with their issues, and helping it... Mayor Suarez: Why hasn't anybody mentioned the biggest item of discrepancy? Mr. Rodriguez: What do you mean? Mayor Suarez: Management costs, which you have stated to be zero, and they have put at two fifty, I guess you have assumed that the Department of Off - Street Parking will do the management, and you have not. Why can't we solve that one before we try to do anything else? Mr. Rodriguez: I don't believe there is disaagreement in that area. The only area in which we have differences... Mayor Suarez: I see $250,000 disagreement unless... Mr. Rodriguez: Exhibit "2", option "a," was proposed by Flagler Landmark, as their figures. Exhibit "b" ... Mayor Suarez: But, that has already been negotiated away now? Mr. Rodriguez: Right. Option "b" had been negotiated down, except that figure of the architect's fee. Mayor Suarez: Which is how much? Mr.' Rodriguez: Which is in our case, we are talking about $310,000. I believe they are talking about $375,000. Mayor Suarez: So why did you tell us there was like a $600,000 discrepancy, or $700,000? Mr. Rodriguez? In the proposal that they have... Mayor Suarez: OK, in the negotiated alternatives, we are talking about a $60,000 difference there? - seventy, what was the figure you just gave me? Mr. Rodriguez. At this point, yes. We thought that we had completed, negotiated agreement until recently and then we felt... Mayor Suarez: And that is what is setting us apart right now? Mr. Rodriguez: At this point. Mr. Plummer: Well, I've got more problems, OK? - I want to tell you! Mr, Cardenas: If I may... 88 May 12, 1988 Mt. Plummer: All a*cube me, let me aak et,e other Question, an@ of the obvious things missing to me:, t don't see anything listed here for debt service, Mayor Suarez: It's the construction, Mt. Plummer: bebt service - no, the interest on the bonds. Mr. Rodriguez: The figure that we have on,,. Mt, Plummer: You don't have it listed as an item. Mr. Rodriguezt in calculating the amount that we have to pay to the Sunshine State loan, we estimated $511,000 per year. Mr. Plummer: Per year, for 24 yearn. Mr. Rodriguez: For 24 years and that will pay for the indebtedness. Mr. Plummer: Why isn't that as a cost? Mr. Rodriguez: It is in the costs. Mr. Plummer: That's in the cost of the $2,200,0007 Mr. Rodriguez: No. Mr. Plummer: Where is it? Show it to me. Mr. Rodriguez: In the cost of $6,121,000,., Mr. Plummer- Yes, Mr. Rodriguez: ... we took that figure and we calculated how much it would cost us at the rate that we;are ,getting from the Sunshine, pool ... Mr. Plummer: Right. Mr. Rodriguez: ... at 6 percent, and how much would that translate to in 24 years of payment, and that came up _to.$573,000 per, year, of which, the City will be responsible for 30 percent of it, because of the amountthatwe would have... Mayor Suarez: Presumably, we would be using 10,000 square feet out of 30? Mr. Plummer: You are telling me for a loan of $6,000,000, we are going to pay $12,000,000 in interest? Mayor Suarez: That's what you usually pay if .... well not.... Mr. Plummer: But, see, the point I am'making, Mr. Mayor, is, is debt service is not included in this list of totals. Mayor Suarez: Well, this is a construction... this is a capital cost, but it will be $500,000 a year total debt service, roughly. Mr. Plummer: All right now, let me go... Mayor Suarez: And of which we are assuming responsibility for thirty, and the Department of Off -Street Parking 70, they are going to be using 70 percent of the space, with... Mr. Rodriguez: It is no different than when you buy a house, you buy a $100,000 house, and you pay at the end, how much, $200,0007 Mr. Plummer: Yes, Mayor Suarez: Actually, by those figures, you know, by those figures, it works out that we pay about the same amount of principle as Interest back, it Is about six and six. 89 May 12, 1988 N 10 Mr, Plummer: Well, let's tell the truth, This is an $18,000,000 profeet! Let's don't call it a $6,000,0001 let's call it what it is, an $18,000,000 project. Now, let me ask another question. Since you refuse to answer fny question, torn going.. Mr. Rodriguez: I didn't refuse, t am trying to get the answer for you. Mr. Plummer: Well, t don't know why it takes you to long, but my figures come up,.. Mr. Rodriguez: Well, I'm not good in math either, Mr. Plummer- :.. to roughly $3,800,000 for the building - now, give or take, OK, That's $1,000 a square foot without debt service? Hey, guys, t don't know who you are building a mausoleum to! Mr. Rodriguez: Without debt service. Mr: Plummer: No, no, without debt service. Mrs. Kennedy: How do you arrive at those figures? Mr. Plummer: $3,800,000 and 3,800 square feet: Mayor Suarez: What is the rough per square footage cost of construction? Mr. Rodriguez: One hundred. Mr. Plummer: $100 per square foot! OK, I stand corrected, all right? But, if you add the debt service to that, $18,000,000 at a thousand at thirty eight thousand. Mr. De Yurre: Let me bring something up, J.L. Mayor Suarez: But, this is construction budget, and you are talking. about what it will cost to operate and pay debt service. Mr. De Yurre: Mr. Mayor... Mr. Cardenas: Mr. Mayor, I had some points that I... Mayor Suarez: Wait, wait - Commissioner De Yurre. Mr. Castaneda: OK. Mr. De Yurre: I just wanted... I don't know if you mentioned this, if I misinterpreted what you were saying. Have you said that the debt service for the construction is already calculated into these figures right here, or not? Mayor Suarez: Were you looking at the construction budget? What are you looking at? Mrs. Kennedy: If you take both numbers... I know what he has done - the $6,694,000 and $6,121,000, there is a $573,000, which is the debt service. What he has done is reduced the cost and doubled the contingency, and therefore, you have the same numbers. Mr. Rodriguez: Yes, let me try to see if I can have your attention one second. Mayor Suarez: Is there any estimate of debt service during construction in here? - so we can see, and separate debt service and construction, please? Mr. Rodriguez: The total figure of 6.121 is the total figure, and what we j have tried to do...' Mayor Suarez: Right. Is there any estimate for having to pay interest during r' construction, and is it built into the $6,200,000, or $6,100,000? 3: Mr. Rodriguez: The six point one two million is converted into a certain i amount to pay back the loans. 90 May 12, 1988 Mayor Suarez: Oho that is future debt service, after cohstruction, is there any estimate of debt service during construction? - and if so, have you built it in here, are you leaving that for miscellaneous, or what? Mr. Plummer: When you take your loan. Mayor Suarez: Well, they will have to be paying it off, presumably having to borrow the money as they construct. The Commissioner is asking me if there is any debt service during construction estimated in... Mr. Dan Morhaim: it is not..:, you are borrowing, it is not included, Mayor Suarez: Payments won't become due until after construction? Mr. Rodriguez: it is not included. Mr. De Yurre: What's that? Mr. Rodriguez: I will try to answer the questions, as best I can on this. I am not an expert on financial matters like this. What I try to do is... Mayor Suarez: Let's try to counselor. Is there any debt service during construction included? We get... Mr. Cardenas: Yes, let me, if I can, add the following. Mayor Suarez: How much is that now, Al? Mr. Cardenas: It is going to be whatever time it takes, but it is covered, because let me explain. What you have before you is the six point one... Mr. De Yurre: Al, hold on for a second. If we have staff that is making a recommendation, you can't come up here and say you are not an expert at this or at that. Somebody has got to know the answer. Mr. Rodriguez: I know, and I will give you the answer. I was going to finish my sentence. What I tried to do is, is negotiate this deal, the best possible way down, starting with the assumptions that were given to me, basically by resolutions. We have a staff over here that would answer each one of those questions that you asked, so tell me what you need, I will tell you right now. Mayor Suarez: On debt service during construction, the Commission wants to know. What is the amount and where is it included here? Mr. Dan Morhaim: My name is Dan Morhaim. The debt service of five seventy three that was quoted includes your total debt service amount annually for the period of 24 years, which includes the prepaid interest, or the pre - capitalized interest that would be needed during the construction period. Mayor Suarez: And you have not capitalized any for the construction phase itself? Mr. Morhaim: That five seventy three amount per annum includes that. In this six million... Mayor Suarez: But you haven't put it in as a construction cost. Mr. Morhaim: In the six million one, that is stated over here is really soft and hard construction cost, not including any pre -capitalized interest, but when we computed the debt service needed for the project, the amount of five seventy three includes that. Mayor Suarez: I would hope that it would include from the very first payment, whenever that may be. Mr. Rodriguez: Commissioner De Yurre, does that help you? Commissioner De Yurre, does that satisfy you? Mr. De Yurre: It is, but it still haven't... the thing is, when do we start paying this? Mr. Plummer: Thirty days after you get your loan. Let me for the record... 91 May 12, 1988 1� • Mr. Rodriguez: We haven't had yet the loan agreement. If we approve this, we are going to go to the Sunshine Commission on the 24th, and based on this, they will decide whether to approve it or not, and then we will receive the money, they have to make the appropriation by May 319t, I believe, and we have to draw the money by next year. Mr. Plummer: Let me correct my statement on the record. Before, when I said this was an $18,000,000 project, that is not true, it is a $20,000,000 project, when I redid my numbers, so I just want to... it comes out to about $19,852,000, and you know, the way you are talking, what the hell, it is a $20,000,000 project. Mayor Suarez: You know, let me say this. I am not contradicting what you are saying, but just so we clear the difference between the construction cost here and the debt service, if we had no debt service, and it costs us $6,000,000 to construct, it would be a free project, because somebody just gave us the money. I mean, obviously you have to pay for the money that you are using and then you have to pay it during the use of the 24 years use of the building. Mr. Cardenas: Yes, well, if I may, Mayor, I think... let me bring out these points very quickly. One, when we got started on this thing close to three years ago, it got started because there were two conclusions that this City had reached: one, that it is a City -owned building; two, that the Gusman Theatre, which is a well known and very well used and very much need facility of this City, was in need of substantial repairs, and three, the City of Miami wanted to find a way, other than directly through its own pocket, to pay for all of these things, bring up to date a historical building that is in the National Register and at the same time, do it in a way, where it was a cost efficient way, and one that the City could afford. That last part, whether the City could afford it, is what I presume all of you are thinking about at this point in your deliberations and... Mayor Suarez: Particularly as to, since Commissioner Plummer has brought it up, as to the yearly operating plus debt service charges. Does it look to you like we will be able to meet both operating and debt service costs from the use of the building? Mr. Cardenas: Yes. Mayor Suarez: Assuming 10,000 square foot usage by us? Mr. Cardenas: Yes, and this is where I am getting to if I may. The figure that was announced to you earlier, the $26 a square foot figure, let me break that down for you if I may. That is estimated on a $10 per square foot operations costs, which, in my opinion is at least $4 above what the norm should be for a new facility. You have to remember that that figure comes, from the City's experience, based on the existing facility, and other experiences. The existing facility is really not a feasible experience, because you have got elevators that are manned, the labor cost is just astronomical, you have got an older facility, so the cost of repairs, maintenance and replacement, are out of this world. This will be a practically gutted out, brand new facility by the time we get finished. If you ask any of your... any of the developers doing business in the City of Miami, many of whom we represent, they will tell you that the operating cost per square foot, of a building that will be in the condition this will be in when we are finished, if you permit us to proceed, is around $6 per square foot. That brings you down to $22 per square foot., Then take the cost of the Gusman. We are talking here hard cost of $1,390,000, let's say $1,400,000, but that's not all. You got a lost of soft cost, a lot of architectural expenses, a lot of other expenses. If you... Mayor Suarez: As Commissioner Dawkins would ask in these situations, if we have a savings of $4 a square foot, where are we going to realize that? Where do you expect to see that? Mr. Cardenas: In your yearly operating budget of $400,000. That will be reduced from that figure. Mayor Suarez: OK, we are not going to have a savings in construction. We are going to have a savings in the actual operating cost after... 92 May 12, 1988 i Mr. Rodriguez: Rental operation. Mr. Cardenas: Yes, sir. OK, the second point is relative to the OuSMAft, Now. , , Mrs. Kennedy: Ixeuse me, let too just mention something, that you said, Reing an older building, don't you think that the contingency fees should be higher than five percent? Mr. Cardenas: I have no problem with a 10 percent contingency fee, under this,.. Mrs. Kennedy: I think it is much more realistic. Mr. Cardenas: Oh, it is, and I also want to point out to this Commission that is proposed to be a fully bonded, guaranteed maximum priced budget, so I want you to know that that is what has been negotiated. Let me then go back, if you calculate the soft cost and hard cost of the improvement of the Gusman alone, which is strictly a public purpose matter, it has nothing to do with the rental of the office space, you would come up with another $6 or $7 perhaps, per square foot, so if you deduct that as a necessary expenditure to the preservation of a valuable City asset. You are down about the $16 range. Then, what is the advantage of that actual yield range on a... you know, on the rental of the office space, the 10,000 in your case, and the 25,000 in OSPA. Let me give you some of the advantages, number one, these leases are of course, part of the collateral package with Sunshine State fund. There is no City bond involved, so it doesn't involve your general revenue fund, which is important. Number two... Mayor Suarez: Hold...! Mr. Plummer: Whoa, whoa! Aren't we backing up 30 percent? Mr. Cardenas: Not through the general revenue fund, sir, no. Mr. Plummer: Where? Mr. Cardenas: Through the special... because it is a special State fund and the sources of revenue are the leases from us and the City. You do not get involved through a general revenue fund. Mr. Plummer: Where would we get the money to back up the 30 percent? Mr. Cardenas: Through the commitment of the rental of the spaces from both the ASPA and the City of Miami, and it is a special source, but it is not the general revenue fund of the City. Mayor Suarez: Well, it is not that different in a sense that he is right, I mean, we are guaranteeing that either are going to occupy 30 percent, or that we are going to find a tenant that is going to pay a similar amount. Mr. Cardenas: But the guarantee is not... the guarantee doesn't get to your general revenue fund, that is my only point. Mayor Suarez: Well, a lot of times it does, you know. Suppose we couldn't find a tenant, and we had that guarantee in there, we might just very well have to just pay it out of the general fund. I mean, I don't know of any other place to get it. Mr. Plummer: Well, what is proposed... Mr. Cardenas: OK, let me proceed, if I may, because I am almost concluded here. The long and short of it is, that while you are paying in real dollars, in my opinion, if you take into consideration the improvement of the Gusman as a City expense, if you are spending in your mind for office space $16, $17, which is the actual cost, you essence in return, are getting a valuable new asset, which has to be in this City's balance sheet from, a you know, it is got to have a new value, and a much improved value, becomes an asset worth in the neighborhood of $10,000,000 and up, which is an important investment for the City of Miami. So from that standpoint, I wanted to clarify that from the, you know, plus size of the $26 a square foot. On the other side of the fence, I wanted to go into the cost aspect of it, for a second, if I may. I 93 May 12, 1908 1% i had provided to you, which I think is important, a breakdown of the developer's fees, because obviously, from our standpoint, as the developer in the project, there is a figure standing out there of $481,000, which I want to break down for you, if I may. The City has refused in its negotiations, and we have accepted, to accept the $150,000 spent to date. In other words, you are only willing to approve $75,000, which is what they estimate average legal fees would cost, had we come to you a week ago, and entered into this negotiation. That means we are expected to absorb the $150,000 spent to date from the $481,000. The City has refused to agree to management costs, and that means that all of the overhead expenses over the period of time, will come out to approximately $90,000, which we've also agreed to up front. The insurance shortfall, as you can see, there was insurance liability on the part of the developer, that we thought was, and we believe it is, actual construction soft cost. The City has said no, that is going to be absorbed by your developer's fee, and they also wanted us to absorb the architectural fee, which brings the subtotal to one twenty six. If you add to that, of course, the income tax provision, which is a mandatory 28 percent, the City is asking us for a five year investment of time, the two years preceding, and the two and one-half years forthcoming, to actually net a total of $90,000 to be distributed amongst four partners who are going to assume a risk of $6,000,000 some dollars to bring the project into fruition. My point to you is, we have been at this for a long period of time. We've got a lot of personal investment at stake here. It is a project that we think the City needs very badly. We are willing to eat all of that, we are willing to accept what we consider to be a minimal gain on this thing for the collective benefit of our community and... Mayor Suarez: Are you really having... are the partners really having to sign on the dotted line individually? Mr. Cardenas: No, sir, not under the bond agreement, but we have to with a bonding company and we have to in terms of the guaranteed contract, so we actually will be liable to the City for any overages, if there are, which of course, there won't be, because of the nature of the bond, but theoretically, yes, there is personal exposure to the tune of the construction project. The other point that I wanted to bring to your attention is the fact that the architectural fees, which we had originally submitted, were in the range of ten percent, which came to four hundred seventy some thousand dollars. In negotiations with the City, the architect had agreed to reduce it to $375,000, which is more or less nine percent of the projected construction project. The City of Miami said that they will not pay more than $300,000. Our architect can't do a project for $310,000, and as a matter of fact, has asked me to submit a comparative fee analysis for renovation projects that this same architectural firm has entered into with this very same City of Miami in the past - renovation projects which are not nearly as complex as the nature of the Gusman. Let me give you four for instance, and introduce them into the record. One didn't have to do with you, which is the Miami Beach old City Hall historic renovation. The architectural fees there were 12 percent. Miami Beach Convention Center, they were 8 percent, exclusive of reimbursable expenses, which is not the case here, and it was a total project of $66,000,000. The City of Miami, Fire Station Number 3, your own City of Miami agreed to architectural fees of 11.6 percent, and the Jackie Gleason Theatre of Performing Arts, they are getting 13.9%. So what we are offering to you is a fee of $375,000 on a more complex job for less money than the architect has ever done before, including the City of Miami projects, and we feel that you ought to accept the negotiated contract with the City, but you ought to approve the $375,000 budget for the architectural fees, which we feel is more than reasonable, and substantially less than what the average market cost for this is. And finally, I'd like to once again bring up to your attention, that you are committing yourself to at least 10,000 square feet, for which you are really paying an actual cost per square foot of $16, $17. You are preserving a valuable asset of this City, a valuable building, the ownership of that building, its value will be substantially enhanced and I think you are going to have a fine facility and it is a fair way to conclude a three year project, and if you have any further questions or comments, I'll be glad to participate. Also, I wanted to add, when Mr. Rodriguez referred to our negotiations, I want you to understand that we consider those negotiations the same way that people in Haiti felt about free elections, but we have swallowed it, we have taken it in stride, and we understand the City's limitations, especially budgetary limitations and we have acted accordingly, I believe. Thank you. 94 May 12, 1988 i Mr. Rodriguez: Mr. Mayor, may f correct a few things that you asked us before, so it will be clear on the record? Number one, fomnissioner pluffiffner, you are correct, it is a 3.R millioh figure. Number two, you were incorrect about the twenty million. It is thirteen million, seven hundred and fifty- two. Mr: Plummer: S13,752,000 is debt service alone. Mr. Rodriguez, That will pay for the whole thing. You were adding to that the cost of the project. The project cost is included in that amount. Mayor Suarez: principle and interest, is what you are saying. Mr. Rodriguez: So what you have, you have to... Mr. Plummer: You told me that the principle was $513,000 a year. Mr. Rodriguez: The whole thing to pay back the loan. Mayor Suarez: The total principle and debt service. The payments are five hundred, seventy-three, right? Mr. Rodriguez: Right, $573,000 times 24 years, that is what you get. Mayor Suarez: You know why it is that low? - because you are assuming an interest rate. You must be assuming an interest rate of about what, six percent? Mr. Rodriguez: Six percent. Mayor Suarez: Otherwise it wouldn't... Mr. Rodriguez: Next point I want to bring though, that that six percent... Mayor Suarez: On a mortgage of about 10 percent, you pay twice the principle, or three times, or two and one-half times the principle. Mr. Rodriguez: Yes. I have to make sure we understand this. Six percent is a variable rate, this is what we have at this point. I want to make sure that you understand that that could fluctuate. Number four, we have a figure of $10 for maintenance. Mrs. Kennedy: Excuse me, variable, but does it have a cap? Mr. Rodriguez: It has no limitation on how much it can go. That is part of the deal will come back to you for you to approve, hopefully next week when we have this item again. Number four, there is a cost of $10 per square foot for maintenance and operation. If that figure were to be reduced, in our calculations, then the cost to the City for the rental would go down accordingly, but I want to give you a conservative figure, so that it will be no surprise if later on, when things tend to go up, instead of going down, and finally, as to your question, Mayor Suarez, whether we can find another public tenant for the building, the only... once we commit ourselves to this figure, we are committing ourselves to pay 30 percent of the cost and we are committing ourselves to occupying ourself, a public agency, the ten thousand, of course... Mayor Suarez: Well, it could be a public agency, or it could be an acceptable private agency. Mr. Rodriguez; No, it could not be an acceptable private agency. That is part of the limitations of the Sunshine pool. Mr. Cardenas: Let me also add, if I may, that what... Mr, Rodriguez; If you want to get advice from the Legal Department, I will... Mayor Suarez: Quasi -private agency couldn't go in there? Mr. Cardenas; You may ask yourselves a question, which I think is also an important question, and that is, what happens if we don't proceed with the project? Well, look at the scenario that you have now. You have got a Gusman ,si 95 May 12, 1988 M in bad need of repairs in the near future if you are going to maintain a facility there that is in keeping with what we are trying to project in this City. You have got an existing operating cost of $400,000, with very low expectations of revenue, because of the condition of the office space at this point in time, which is badly in need of being upscaled, so that your rental yield for that building will be decreasing on a pretty sharp curve for years to come. Mayor Suarez: How much of it is rented right how, of the Olympia Building? How much are we occupying? Now much is rented? Mr. Jack Mulvena: We occupy 100 percent of the ground floor, which is the commercial space and the remaining upstairs is in the neighborhood of about seven percent. Mr. Plummer: Seven? Mr. Mulvena: Seven. It is nearly empty at this point, so it is not generating any income. Mayor Suarez: You said seventy or seven? Mr. Mulvena: Seven percent. Mr. Plummer: Let me ask you another question. Jack, how much money did Gusman Hall make last year? Mr. Mulvena: I don't know off hand. I do have my director here who could give you that information. Mr. Plummer: Roughly. Mr. Mulvena: We don't have that readily available, sorry. Mr. Plummer: You don't know how much Gusman Hall made or lost last year, and you are the Manager? Mr. Mulvena: Right. Mr. Plummer: Wrong. Mr. Mulvena: No, I said you are right. Mr. Plummer: I can't believe that. Mr. Mulvena: I can get the... Mrs. Kennedy: Did it make money, or did it lose? Mr. Plummer: I can't believe that you as a manager of a building that you are asking us to pick up 30 percent of, that you don't know those numbers. That's amazing! I've got to be honest Jack, I don't want you as a manager. Mr. Mulvena: Well... Mr. Plummer: No, I'm saying... Mr. Mulvena: Well, I could have given you... Mr. Plummer: Especially if you are managing where I've got to pick up any deficit, and you can't come up with numbers like that immediately... Mr. Mulvena: J.L., I could have given you an estimate. Mr. Plummer: I asked you ballpark. Mr. Mulvena: Oh, now I can do a little better than that. Total revenues from Gusman were $205,000. Mr. Plummer: And what were.., in other words, did it make money, or lose money last year? 96 May 12, 1988 ,a 0 Mr. Mulvena: It lost money, Mr, Plummer: Now much money did it lose? Mr, Mulvena= The expenses were $325,000. Mrs. Rennedy: Y thought it had lost, yes, Mr. Cardenas: That's about it, Mayor Suarez: That doesn't include debt service, or is there any on that? Mr, Mulvena: No, there is no debt service, Mr. Plummer: How do you anticipate that if you spend roughly $2,000,000, that that facility is going to do any better? Mr. Mulvena: Are you talking about the Gusman Theatre facility? Mr. Plummer: Yes, because that is part of this package. Mr. Mulvena: We believe that... number one, the Gusman Theatre is doing variable. We came in with a deficit a year ago of about $46,000. We had a not a very good, quote, eight singular sensations this year, and that deficit will be in the neighborhood of about $60,000 or $80,000. We have what we think is a very excellent season coming up next year and we may be in a break even point. That is what we are shooting for that theater. Mayor Suarez: You've come up from about 40 events a year to like, about 106. Mr. Mulvena: Oh, yes. You have to keep in mind now, theaters, traditionally, are not money generating facilities, especially this type of facility. You have 1,700 space limitations, so you can't bring in the kind of acts that you would at the arena, or even at Bayfront Park, or that type of thing, but you know, we would be very happy next year to break even. That is what we are projecting to try to do for the next fiscal year, at that theater. Mr. Plummer: You can't break even, not when you are spending $2,000,000 to improve it. Mr. Cardenas: But, J. L., you are paying for the $2,000,000 through the office rental. Mr. Mulvena: Yes, through the rental, it is a guaranteed pay, J.L. Mr. Cardenas: In other words, the reason why your office rental is what it is is because you are paying, you are amortizing the cost of improving the theater, through the payment of the office rental. I also wanted to bring another fact for you to consider in your calculations, and that is, that this building is not a 35,000 square foot building, it is closer to 55,000 or 60,000, because you are taking into consideration net office square footage, but there is also commercial space and naturally the Gusman, the dressing rooms, the lobby space and so forth, so when you are talking about this budget, you have got to calculate the fact that it is 55,000 to 60,00 square feet, when you calculate your overall expenditure. Mr. Plummer: Well, not in the building, Al, that is in the theater. Mr. Cardenas: Well, it includes the theater, the building, yes, but I.mean, when you add all the money that you are spending, in order to calculate the square footage, that's how much square footage there is in the building. The... Mr. Plummer: Why is the assumption that the City should be obligated for any amount of guarantee? We are not managing it. We don't have a say in it. Mr. Rodriguez: We are the owners. Mr. Plummer; We are the owners in name, in name! We can't tell him what to do. Mr, Rodriguez: I don't think that has never stopped you before,; 97 May 12, 1988 Mr. Plumffier: Oh, I could tall himi he just doesh't listen. No, I am saying, where does this tontept e6mo about, where the City has no control over that building, that we should be obligated to pick up 10 percent of the total overall cost, i don't understand why. Mr, Mulveha: 1. L., if I may respond... Mr. Plummer: Y69. Mr. Mulveha: ... the way the deed and everything is arranged. You could in fact, if you want to tell me to board up that building, OK? - and don't rent the building. You could tell me to do that, and I will do it. Mr. Plummer: That's the only thing we can do. Mr. Mulvena: No, no and on the theater basis, you could tell me to have ten events in there that will make at least $5,000. You can tell me that, and I will have to do it, because I'm your manager. You have the power to do that. Now, up to now, by the way historically, when the building was almost fully rented, it underwrote the deficit of the theater, and believe it or not, you probably did not pay much attention to it, because the rental, as opposed to paying back this type of loan system was underwriting the deficit of the theater, and in fact generating a little. Mr. Cardenas: J.L., think of these two things, if you may. One, you have got an existing $400,000 operation cost in that building, with a huge vacancy factor, and it can only get worse, till the building deteriorates, because the operation costs increases. Mr. Plummer: Al, we went through that before, and my still same question prevails. We would maybe be better off without the building. Mr. Cardenas: But... Mr. Plummer: But, nothing! Mr. Cardenas: But, Gusman is irreplacable. Mr. Plummer: Yes, until we had the amphitheater, until we had the Exhibition Center in the Knight Center. We now have an auditorium in the Knight Center. We have the Dade County Auditorium, we've got spending money out at SW 1st Street and 9th Avenue, we've got the Dinner Key Auditorium. I understand that Gusman is a different animal, but we are talking about, is this City better off, at the tune, the total tune, and I'll accept his number, of $14,000,000, or would we just be better off getting rid of the building. Now, that is a serious question that hasn't... I have not heard a good answer for. It is just like that damn off-street parking garage. That thing, we are subsidizing a million dollars a year, and if you want my answer, sell the damn thing. Don't keep subsidizing a million dollars a year, that is ridiculous! Mayor Suarez: You are talking about which one, which garage center? Mr. Plummer: I'm talking about... which garage am I talking about? Mayor Suarez: The Centrust? Mr. Mulvena: No, no. Mr. Plummer: No, no, no. That one is only $400,000. Mr. Mulvena: This is the City Administration garage, which is, it is a City garage that we manage for you, l t-� Mr. Plummer: Hey, it y is $1,000,000 of subsidy,whoever owns it, for -; argumentative basis. Mayor Suarez: You have been asked to consider selling that asset, if it '_' doesn't bring in something, obviously, and that is really the question here. It is not so much Gusman, as the Olympia Building, Would it make any sense, the alternative? " t' 98 May 12, 1988 Mr. Plufrdner: Does it snake any sense to continue to push's Ate we throwing good rn6ney after bad? Al, that's my point, Mayor Suarez: With this package, you can renovate the Outman. Mr, Plummer: 1011 sell the building to you. Mr. Cardenas: but, you are going to have a brand new building, with a brand new Ousman, for agreeing to keep only 10,000 square feet for City use, and, t mean, 1 think it is a good deal for everyone. Mrs. Kennedy: Al, looking at your figures, if we do decide to do it, nobody else is going to make a profit of $4,500, as you guys will be doing. Mr. Cardenas: That's exactly right. Mayor Suarez: Well, philosophically, this whole thing was discussed a long, long time ago, presumably, otherwise you would have to been involved in the bidding process, and who else bid? Mr. Plummer: Nobody, they were sole bidder. Mayor Suarez: Yes, I don't blame other people for not bidding. Mr. Plummer: Are you telling me for the record, that the City, at its 10,000 square feet, will be guaranteed for 24 years a maximum rent of $16 a square foot? ` t i Mr. Rodriguez: No, no, no, no. { i Mr. Plummer: What do you mean no? Mr. Cardenas: Well, the figure the assistant city manager gave you was $26, but my projections were that the operation cost really should be six and not ten, and therefore that - the actual cost you will pay may be closer to 22, and my only other point, was that you with that 22, you are amortizing the cost of improvement of the theater, so that your actual cost for the office 1 space will be in that $16, $17 range, however, your actual pay -out, because ! you have got to pay for the cost of what you are doing to the Gusman, is going to be in that $22 to $26 range. I Mayor Suarez: Looking at it that way, the alternative, what he is saying, the alternative would be not doing anything to the Olympia Building, renovating Gusman at a cost of two something, and having to pay debt service on that, without having any particular source to do it with. Mr. Cardenas: And my point to you, it will cost you more to do that. Mayor Suarez: Right. Mr. Plummer: Well, let's go one step further. We are spending $13,000,000 on a building that does not have a single parking space. Mayor Suarez: And your spending $13,000,000, that's the cost of the money. I mean, you are spending $6,000,000. Mr. Plummer: The total cost is $13,000,000. Mayor Suarez: That's the total pay -out. Mr. Plummer: That's exactly correct, Mr. Mulvena: Well, but you know, fortunately, your major tenant in that 4' particular building doesn't have any parking concerns, and that happens to be 4 the Department of Off -Street Parking.: Mr. Plummer: Sure, you go park in the damn building we are subsidizing a` $1,000,000 a year. I know what you are doing. Mr. Mulvena: No, we park in our own building.` Mayor Suarez: And that is 25,000 square feet.': 99 May 12, 1988 M Mr. Mulveha: 25,000 square feet, right. Mr. Plummer: Why don't you assume the whole 100 percent of the obligation? r and then you can rent it out: Mr. Mulvena: Well, the answer to that is that we started:.. Mr. Plummer: You don't like the deal. Mr. Mulvena: No, no, the answer to that is that we started with even less than a 20,000 square feet commitment when you were in fact, taking the vast majority of it. That is what enticed our board to become more involved than just managing the facility. As it diminished, your percentage got smaller and ours got as larger as our board would let it get, and be able to afford it in our five year plan. Mr. Plummer: Well, you know, hey, that is one of the problems, I guess, with the board. I just don't see why the City, as a tenant, and that is basically what we are, is going to pick up any percentage of guarantee. I think the Off -Street Parking, your management, you are the one that is running it, give you an incentive, a 100 percent of the thing! What is the average rental going for downtown now? Well, what is the average rental? What is it? What are you paying in... Mr. Odio: I can rent space for about eleven to ten, but because of the buildings that are available... Mr. Plummer: OK, $11 to $12 a square foot. Mr. Odio: I don't say that all the buildings would rent for that much. I am saying that... Mr. Plummer: OK, $16? Mayor Suarez: $16 average. Mr. Plummer: OK, $16, and we are talking about $26. We are guaranteeing $10 above the going rate. Do you have a guarantee of any kind of a rate for the 24 years? I guess not, not when we have to pick up 30 percent of the deficit. Mr. Rodriguez: I want to make sure that you understand that we are responsible 100 percent for the indebtedness. Mr. Plummer: For the investment? Mr. Rodriguez: Indebtedness. Mr. Plummer: Indebtedness? Mr. Rodriguez: Right. Mr. Plummer: Said here seventy. Mr. Rodriguez: And of that amount, they will pay us 70 percent of that amount, and we will contribute the 30 percent, but we are responsible to pay the 100 percent of indebtedness for the 24 years. Mr. Cardenas: To the Sunshine State fund. Mr. Rodriguez: To the Sunshine State... that we are the responsible party that will do that. I want to make sure you understand that, and also I want to make sure... Mr. Cardenas: Sergio, my point was though, that you re responsible to pay for the debt service to the Sunshine State fund. What agreements you make as to the operating expense is a different story, as I understand it. Mr. Rodriguez: Right. The agreement will be between DOSP and the City, if you were to agree with this. And I also want to make sure that I didn't mislead you in the answer and you understood that the $573,000 that we were talking about was to pay back the loan. That's what he is talking about, $16 100 May 12, 1988 a squat@ foot, Mr. Cardenas: In addition to thati we added ah astlitate bf $ib a square foot for operations and ihaintenanEe. Mayor Suarez: Well, he's working his way back to $16, by showing that,.: Mr. Rodriguez: Well, $26 minus $lb is $16. Mayor Suarez: We are saving $4 in operating costs over what we are having to pay now, because of a newer building and another $+6 he is saying is the effective subsidy of the Gutman building by the office building. Mr. be Yurre: Let me ask, how much money has been spent in this process to date? How much money have you guys... Mr. Cardenas: It is more than one hundred fifty, less than two hundred, somewhere in there. I haven't figured out what the total amount is, but I can tell you it is in that range. Mr. De Yurre: OK, so that I can understand this procedure of getting a bid and working for two years and possibly going nowhere. Mr. Cardenas: Plus, everybody's time, that is not included. Mr. De Yurre: Well, the City's investment... Mr. Cardenas: Of course. Mr. De Yurre: ... and the people that have been involved, but how, business - wise, can a group such as yours enter into a situation where you are spending up to $200,000 on a contingency, which is this right here right now. I mean, like, I can see you getting the bid and knowing that it is going to go through, and then you put the investment, but I am asking also from the City Manager, you know, what kind of requirements are there in this procedure? Are there any guarantees, because I wasn't here at the time, I just for my own edification, were there any guarantees that if the project doesn't fly, they would get reimbursed at all, or anything of that nature? Mr. Odio: No, sir. No, sir, at any time. Mr. Rodriguez: Commissioner De Yurre, you know, I am not very good in history in this case, because I was not involved in the project until February, basically. The UDP...the RFP that was prepared in 1985, there was a sole bidder, which was Flagler Landmark. In the negotiations, when they started working on this, between the Off -Street Parking and Flagler Landmark, there were some increases in the cost that were assumed in the beginning and they came up with a figure of about $29 a square foot for rental. In the negotiation there was also the inclusion of an additional piece of property. Mr. De Yurre: Yes, I remember that part. Mr. Rodriguez: What I am saying is, at that point, there have been, in these two years a lot of... this is not a typical case, in my opinion. Mr. De Yurre: Let me phrase it differently. What was the bid.awarded? What did we award with that bid? Mr. Odio; The right for them... Mr. Rodriguez; To negotiate. Mr. Odio; . to develop the building. Mr. Rodriguez; And to negotiate with the City. Mr, De Yurre: Subject to the Commission's approval. Mr. Rodriguez; To Commission's approval. Mr. Odio; Yes, sir. That's it. Mayor Suarez; Subject to negotiating. Risk? 101 May 12, 1988 Mrs. Kennedy: And I have to say that $ergib has been instrumental in bringing the cost down. Mr. Odio: Absolutely. Mr. Plummer: Can i read into the record the note at the bottom Of this! for the record: "NOTE: Approximately 35,000 square of feet of office spate rent would be $25.92 for the Sunshine State loan pool. Using a base rate of $8.00 a square foot for operation and maintenance for 41,317, with 35,000 square feet of office space does not include employee parking, and does not include price escalator for maintenance and operation. it also does not include the operational deficit of Gusman Hall." Exhibit 3. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: No, that is - no, excuse me. is that for that? is that for an alternate, or is that for the... Mr. Rodriguez: I think you are using your old package, Commissioner. You have a substitute that was sent to you last Thursday. Mr. Plummer: Where - what is the new package? Are we playing... Mr. Dawkins: You are playing with a stacked deck. Mr. Plummer: That's the one in my book. The law says anything in my book, five days prior is what we vote on. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: What? Well, you saw what you got that page from. Mr. Rodriguez: That was a substitution in the package that was sent to each one of the Commissioner's office and the Mayor's office. Mr. Plummer: Then, Mr. Mayor, I would ask that this matter be deferred until such time at least that I can read the so-called new memo. I am basing everything I've said on the old memo, and I might stand corrected. I will not accept egg on my face based on what was handed to me by the Administration, and if my numbers are incorrect, then I am sorry, and apologize for the screw - up of the City Administration. Mr. Cardenas: The problem is, Commissioner Plummer, that if you defer the matter, or continue it, it dies, because the Sunshine fund... Mr. Plummer: Al, I will read it before 9:00 o'clock tonight somewhere along the line, OK? Mr. Cardenas: Oh, I see. Mr. Plummer: But until I have time to read this so called new memo, you can't ask me to vote. Mayor Suarez: OK, we've certainly delved into this extensively, and he wants to table it for some time to consider that... Mr. Cardenas: Sure, I understand. I thought you were referring to a different date here. Mayor Suarez: That's proper. Mr. Plummer: No, no. I'm not necessarily deferring it. Mr. Dawkins: Let me ask a question. Mayor Suarez: Commissioner Dawkins. Mr. Plummer: By the way... excuse me, memo substitution is how this is titled. Mr. Rodriguez: And if you look at the date, it is May 6th, and if you look at the package under it, it shows exactly the title that you have. 102 May 12, 1988 Mr. Plummer: Sir, this is what you delivered to me, you the Administration, OKI Well, then fire were delivery... no, don't do that, not Harold! Lord, no, not Harold. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: Mr. Manager, what makes it important to declare buildings down in that area historic and try to preserve them? - and nobody has thought that Gusman Hall should be declared historic and preserved. Mr. Rodriguez: Gusman Hall is a historic building in the National Register. It is one of our... Mr. Dawkins: And you are restoring it under the Historic Preservation rule? Mr. Rodriguez: Right. Mr. Plummer: I thought there was three percent money available for that? Mr. Rodriguez: We have... Mr. Plummer: What do you mean, no? You didn't look into it, or no, there is no three percent Federal money? Mr. Rodriguez: There is five percent available. We are looking at every possible source for the Gusman Hall separate from this because the $1,300,000 will not be enough. Mr. Dawkins: Well, if you restore it, it is supposed to be main restored to look in its present state and remain like that. Isn't that the preservation mode? Mr. Rodriguez: You have to restore it as much as possible to the original condition in which the building appeared when it was built, but you can make some adjustment on that building, based on the need for technology or for the improvement that you have to make for the tenants to be able to use it. Mr. Cardenas: Everything we do has to be approved by the Federal Department of Interior, State Department Archives, you know... Mayor Suarez: He is making sure that it is preserved as a historic... Mr. Dawkins: No, I am making sure that when I say I don't see the necessity of preserving a building down there, that the people themselves are trying to modernize in order to draw business downtown, that I get some support up here for it. That's the point I am trying to establish, because there are buildings that they have put on the historic list, Mr. Mayor, that the people have spent money to upgrade, and then when you start talking about preserving them, it throws the whole thing out of whack, that's all I want. Thank you. Mrs. Kennedy: Then, so, what you are asking us to do is, to commit for 10,000 square feet, DOSP to commit for 25,000 square feet for a term of 24 years, at a variable interest rate of six percent. Mr. Rodriguez: What we are asking you to do is that based on what we have here, that you authorize the City Manager to negotiate and bring back before you, the agreement so that we can go before the Sunshine Commission that will meet for the last time this year, with the last amount of money left, on the 24th of May. Mrs. Kennedy: OK, Commissioner Plummer needs more time... Mayor Suarez: It has been asked to be tabled by Commissioner Plummer, so... Mr. Plummer: Well, hold on. The Manager tells me we can approve this subject to the negotiations coming back to us and between now and then, I will be able to read the full book here. Mrs. Kennedy: Sure, then I move it. Mr. Plummer: Yes. 103 May 12, 1988 Mayor Suarez: OK, let's hold the item because Commissioner be Yurre waisted to be present for the vote on it, and go on to 36. As soon as he walks in, we will take a vote on it, with that understanding. Mr. Plummer: Wait a minute. On the record, Sergio..: Mr. Rodriguez: Sir? Mr. Plummer: ... if you were a businessman, do you say this is a good deal for the City? Mr. Dawkins: (OFF MIKE, INAUDI$LF) Mr. Rodriguez: If I were a businessman, and I was the owner of the building,... Mr. Plummer: Yes. Mr. Rodriguez: ... and the building is a historic building that I owned, that I had to preserve, it would be the best... Mr. Plummer: Financially, would you say this is a good deal? Mr. Rodriguez: It is the best possible deal that you can have... Mr. Plummer: I didn't ask the best possible. I said, is this a good financial deal for the City? Mr. Rodriguez: I have to give a you full answer. If I am the owner... Mr. Plummer: The bottom line is yes, or no, but go ahead and take all the time you want. Mr. Rodriguez: Well, no. If I am the owner of the building, and the building is a historic building and I have an obligation to take care of the building in a proper manner, or I will lose the building and also if I am responsible for historic preservation of the City, and I am responsible to try to keep some of our best buildings in place, and I am responsible for the cultural center to be preserved as one of the most important buildings in the City, and if I have to find the best possible economic solution, this is the best possible solution I can find. Mr. Plummer: And you do not manage the building! Other people manage it for you and tell you how you can run your building. Mr. Rodriguez: Well... Mr. Plummer: And... that is a big and! Mr. Rodriguez: I think we have a say on the agreement. Mr. Plummer: Now, what do you anticipate, because your answer is no answer, OK? Mr. Rodriguez: Well, it is a complete answer I think. Mr. Plummer: Well, it is a complete answer in your estimation. That's why you are not a businessman. You'd starve to death! The difference that I am saying to you, Mr. Rodriguez, estimate, if you will for me, what is the anticipated subsidy necessary from this City Commission every year going to be to make up the difference? - on the record. Mr. Rodriguez: It will be 30 percent of five seventy three. ?? Mr. Plummer: My math is that good. I can figure what 30 percent of 573<is. What do you anticipate that the City is going to have to subsidize out of its general fund every year? Mayor Suarez; Whatever part of that $180,000 that we can't rent, or... a 4 May y 12, 1988 ; Mr. Plummer: Well, we are already guaranteeing 260,000 a year for office space. I mean, we are guaranteeing that. Mr. Cardenas: Also, Commissioner, the $575,000 per year is the debt service on $1,200,000. Mr. Plummer: Yes, I understand that. See, you say we are picking up 30 percent of the tab. At $260#000 of rent, hell, that is half of the 513. Mayor Suarez: No, you can't apply all the square footage to the entire debt service, because that applies to the entire building. You can do it one of the two ways or the other, but you can't do it both ways. It is $26 a square foot effective, but it's... Mr. Plummer: Hey, I want to hear, and you tell me, that this City is not going to have to subsidize any... Mayor Suarez: It could be as high as $180,000 a year. Mr. Rodriguez: It is $26 times 10,000 square feet, is $260,000, as high as that, per year, for 24 years. Mr. Odio: But, we... Commissioner... Mayor Suarez: Yes, but that would include... that includes Gusman. Mr. Odio: Excuse me. That includes... we are paying... Mr. Plummer: No, it does not include Gusman. Mr. Cardenas: Yes, sir. Mr. Rodriguez: It includes the construction of Gusman. Mr. Odio: Yes, sir, and also, we are paying rent now for the Law Department. Mayor Suarez: It is a fictitious price per square foot. It's a... Mr. Odio: What you really have to consider is the difference of what we are paying for the Law Department's offices today to what we would pay when we move over there. Mayor Suarez: It is about 180,000 square... I mean, about $180,000 if we have no tenant for that 10,000. Mr. Rodriguez: And include also, operation and maintenance. Mr. Cardenas: Right. You've got a payment of $260,000 a year, assuming your operational costs comes out to $10 per square foot, which we are saying it is not, but that being the worst case scenario, you are occupying 10,000 square feet, so you have got to calculate how much that will cost you in the market place and deduct it from that, and then the difference is really, you are going free for having restored the Gusman to a... and the... Mayor Suarez: If it was a $16 a square foot market, it would be $100,000 a year lost, under those... Mr. Cardenas: Right, and compare the current... Mayor Suarez: And assuming we needed the space. Mr. Cardenas: And compare the deterioration of the value of the asset yearly for not taking care of it properly and number two, compare with that your current operation cost of $400,000, on a building, the revenue of which is practically, you know, very small because of the huge vacancy factor, so my suggestion to you, is that if you analyze the two sixty exposure sans, you know, what it costs you in the market place to lease that space, and take into consideration the restoration of Gusman, it costs you a lot more to leave the building as it is, because of the exposure on the operation cost, and the exposure on the value of the deterioration of the building on a yearly basis. It is a.., 105 May 12, 19ee i Mayor Suarez: Is the Olyrnpia building also a historic,.. Mr, Cardenas: Yes, sir. Mr, Plumer: Vhat is the anticipated,.. J aek, what is the anticipated maintenahce on that building annually? Mayor Suarez: If the improvements are trade, or if not? Mr, Plummer: Oh, of course. The new building and t usman (tall, what is the anticipated maintenance annually? Mr. Mulvena: (OFF MIKE) it's about $600,000, Mr. Plummer: $6000000? Mr. Mulvena: Right. Mr. Cardenas: There you go, with an excess of 80 percent vacancy rate, and a more... Mr. Plummer: No, I am saying if it is redone, Al. Mr. Mulvena: Oh, no, no, I'm sorry.,. Mr. Cardenas: No, no, if it is redone, it is $400,000. Mr. Plummer: I just asked a question. I got his answer. Mr. Mulvena: I apologize. That would be for the existing facility. Mr. Plummer: How much is it, if it is... Mayor Suarez: With the improvements, with the improvements. Mr. Plummer: ... with the improvements. Mr. Mulvena: As stated, we have about $400,000 for improvements. Mr. Cardenas: That is their figure, not ours. Mr. Plummer: That's your number. Mr. Mulvena: That is for the Olympia Building. Mr. Plummer: And where would you provide parking for your employees? Mr. Mulvena: You say, where would we? Mr. Plummer: No, no, we don't have to... do we have to pay for parking? Mr. Odio: (OFF MIKE) You have to supply parking. Mr. Plummer: Well, OK, let's add it up. How many people are going to be working in that building? Mr. Odio: You are talking about $60 a month. Mayor Suarez: And your employees you would be parking where? Mr. Mulvena: Our employees will continue to park in garage three, where they park now. Mrs. Kennedy: In your building. - x Mr. Plummer: But we have got to pay for it? Mr. Mulvena: The City has to pay -parking in our facility. Mr. Plummer; How many employees are there? How many employees? �1 • Mr. Mulvena: How i'6ahy employees do we havet Mr, pluffner: yes, Mr. Mulvehaa Ve'ii have approximately 40 to 45 empioyeES. Mr. Plummer: Forty=five employees: Mayor Suarez: Well, they are parking there nods Mr. Mulvena: They are already parking there how and their parking is subsidized. Mayor Suarez: I mean, that has not been calculated into the equation, here Mr. Plummer: And how many::. if you have 35, approximately how many do you have in the City Attorneys office? Mr. Fernandez: (OFF MIKE) We have a total staff of approximately 70 people, and we want to create parking for 65. Mr. Plummer: OK, so you are talking about $60 a month for 100 people parking right? - $6,000 a month. No, $6,000 a month has to be added to something, because it is not in this f igure. $75, 000 a year, where is it coming from? Where is the parking? INA:;DIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Cesar, it is not in their budget, they are going to paying it for their employees. It's got to be added to the cost of the overall operation. Mr. Cardenas: Excuse me, if I may, Commissioner, but when you are dealing with only 10,000 square feet, you can't fit 100 people in there, which would... Mr. Plummer: No, he said 60. Mr. Odio: Whoever has to rent... Mr. Cardenas: Well, but not everybody... I mean, the average number of cars per 100 employees is 60... Mr. Odio: Well, Mr. Cardenas - yes. Mr. Cardenas: ... but you are not going to get 100 employees into 10,000 square feet. Mr. Odio: No, we are not. Mr. Plummer: Al, look, I am just trying to come up with the things that are not shown, is what I am trying to say. Call it $5,000, it is still $60,000 a year. Now, where is that money going to come from? Mr. Cardenas: But, it is the same place that when you rent... Mr. Plummer: Wait a minute, excuse me. Why do we have to pay for Off -Street Parking employees parking? Mr. Mulvena: You don't, no, you don't. Mr. Odio: We don't. Mr. Mulvena: At present, our employees, are... Mr. Plummer: No, no, in the new building. Mr. Mulvena: No, you don't. You don't, they are presently parking in garage 3, they will continue to park in garage 3, at no cost to this particular project. Mrs. Kennedy: So then you don't add it. 107 May 12, 1986 Mr. Plummer: Who is the cost credited toff Mr. Mulvena: Presently, the Department of off -Street Parking underwrites the parking for its employees in that facility, because it is an under-utilized facility. Mrs. Kennedy: So we shouldn't be adding that. Mr. Mulvena: So we probably won't do it for the City, because... Mayor Suarez: OK, listen, procedurally here, you have asked to table the item. We have tabled the item, unless you are "ready to vote on it. Mr. Plummer: No, Mr. Mayor, go ahead and pass it, because it is all going to come back here next week, or next meeting, for the financing package, because I want to go through this thing with a fine tooth comb. Mayor Suarez: OK, I entertain a motion on 35, then, now that Commissioner De Yurre is back. Mr. De Yurre: I'd like to mention... Mrs. Kennedy: I move it. Mayor Suarez: Moved. Mr. De Yurre: I'll second. Have you seconded? I'll second it, but I think that we have to... if we are not willing, and this Commission is not willing for financial reasons, which I think may come, you know, it would be difficult the question that. Sergio was asked by J.L., you know, yes, or no, I don't think it is a good business investment. I wouldn't get into it personally. However, we need to answer the question, and we should by the next time this comes up, is whether we want to return the Gusman back to family that donated it to us, and we can walk away from it. If we are not willing to do that, then we have an obligation to do something about the building, and those are things... we have to address that, and hopefully we can come up with a solution, make a commitment one way or another, and take it from there. Mayor Suarez: There was an implicit commitment to do that, but if we want to make it explicit, certainly we ought to make up our minds, as this item keeps coming back. The City is not going to be able to function otherwise. OK, we have a motion and a second. Do we have any further discussion? Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-436 A MOTION APPROVING, IN PRINCIPLE, THE RECOMMENDATION OF THE CITY MANAGER FOR THE PROPOSED RENOVATION AND REDEVELOPMENT OF THE GUSMAN CULTURAL CENTER/OLYMPIA BUILDING AT A COST NOT TO EXCEED $6.121 MILLION; AUTHORIZING THE CITY MANAGER TO FINALIZE NEGOTIATIONS WITH FLAGLER LANDMARK ASSOCIATES CONCERNING SUCH PROJECT AND INSTRUCTING THE CITY MANAGER TO BRING BACK THE PROPOSED FLAGLER LANDMARK ASSOCIATES AGREEMENT TO THE CITY COMMISSION FOR THEIR APPROVAL PRIOR TO ITS EXECUTION; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS OF AN AGREEMENT WITH THE DEPARTMENT OF OFF- STREET PARKING AND INSTRUCTING THE CITY MANAGER TO BRING BACK THE PROPOSED AGREEMENT WITH SAID DEPARTMENT TO THE CITY COMMISSION FOR THEIR APPROVAL PRIOR TO ITS EXECUTION, WHICH AGREEMENT SHALL PROVIDE FOR THE PROPORTIONAL SHARING OF ALL COSTS ASSOCIATED WITH THE OPERATIONS, MAINTENANCE, AND DEBT SERVICE INVOLVED IN THE PROJECT PURSUANT TO THE AVAILABILITY OF A FINANCING MECHANISM WHICH MUST BE ACCEPTABLE IN ALL .RESPECTS TO THE CITY COMMISSION. I i08 May 12, 1988 �1 • Up6h being seconded by C6tnali§§i6fier be YUrrtbi the i66ti6h was pA§§ed Ahd adopted by the f6116wing vote: AYES; Commissioner Victor be Yurre Commissioner Miller Jr, bawkins Commissioner J, L. Plummer, .Ir: Vice Mayor Rosario Kennedy Mayor Xavier L, Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr: Dawkins: I am voting against it because ofAl. I vote "yes," Mr. Plummer: This time I am going to vote "yes" to give hits the opportunity to come prove me wrong. 31. DISCUSSION CONCERNING MINORITY PARTICIPATION IN CONNECTION WITH THE HEAT AND DACOMA. ------------------------------------------------------------------------------ Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I have an item, I'd like a special privilege. At the last Commission meeting, I asked that Dacoma and the Heat bring their minority participation. Mayor Suarez: Right. Mr. Dawkins: And we are halfway through the meeting, I have Dacoma's minority participation, and I've given each of us a copy of it, and the Heat has not provided us with it. Mr. Manager, I would like for you to put the Heat on notice that they did not comply with the request of this Commission because it was a motion that passed, that they provide us with their minority participation, and I think they are in violation of a contract, and if they are not here at the next meeting, Madam City Attorney, what... am I correct in assuming that because they did not bring their minority participation as requested, that they are in violation of our request of this Commission? Mrs. Dougherty: The answer is yes, they are in violation of the request of this Commission. Mr. Dawkins: Right, now, and... Mr. Odio: (OFF MIKE, INAUDIBLE) Mrs. Dougherty: No, I am talking about the request that he made at the last meeting. Mr. Dawkins All right now, and if they... we put them on notice for the second time, and they don't comply, what is my redress? Mrs. Dougherty: Mr. Commission, I'd have to go back and look at that contract. Mr. Dawkins: OK, would you study the contract, and if there is any legal redress, at the next Commission meeting, would you write it in such a legal manner so that I can go through that, please? L. Mrs. Dougherty: Yes, sir, Commissioner Dawkins, Would you also permit us to write them and tell them exactly what your request was? Mr. Dawkins; Yes, Ma'am. Thank you. t t Mayor Suarez: Put the heat on the Heat, t 109 May 120 1900 Mt. Plumer: Let the make sure that f understand, bawkins, because Vhat is hate in front of me L are you asking for, a§ I uhderstood; the participation of local investors on baeoma, not the Meat. Mr, Dawkins: No, 1 asked for it on both of them, Mayor 5uareko H6 got Dacoma, and he wants it on the Neat. Mr. bawkins: t asked for it on both of theta, because remember, Pileen was standing up there? ... Mr. Plummer: Yes, 1 remember... Mr. Dawkins: .., and I asked her. Mr. Plummer: No, Pauline. Mr. Dawkins: Pauline, and she said they got one woman, and one Cuban and no blacks, and I said, please bring me the total minority participation as to ownership and how minorities will share in the profits of the Heat. Mr. Plummer: OK, now, for the record, though, this, that has been presented to us by Dacoma, is only the percentage of local investors. What is the percentage, Mr. Manager, of the local investors of the total project? This is not of the total project. Mr. Dawkins: All right, so we also have to put Dacoma on notice that they did not... Mr. Plummer: See, this, as I read it, and I think it needs clarification, this is 15 percent of the Dacoma Miami. What is the percentage of the total project? It is a lot different than this number here. Do you understand what I am saying? There is two organizations. Mr. Dawkins: Is Dean in my office? Mr. Plummer: There is two organizations. There is Dacoma, that is the general operative, then there is the Dacoma Miami. Mayor Suarez: Well, but you are too interested in local participation in Dacoma as to operations outside of here, like Dacoma of Houston? Mr. Dawkins: There are two firms here. Mr. Plummer: No, no! Mr. Mayor, we got into this... Mayor Suarez: Well, Dacoma of Miami is the one that will have the management agreement, and will operate the facility here, and that is what they have given you a breakdown on. Mr. Plummer: Well, is the 85 percent, then who owns that? What is... Mayor Suarez: Non -minority. Mr. Plummer: No, this is... Mayor Suarez: These are minority, the rest are non -minority. Mr. Plummer: If I am not mistaken, for example, there are two organizations of Bayside. Mayor Suarez: It may be the parent organization, or it may be... Mr. Plummer: There are two organizations in Bayside, OK? There is the parent company, then there is the local company. Mayor Suarez: Yes, the only thing the parent company did at Bayside was guarantee the construction. That's it, and the local company used their name, Rouse Company of Miami. Mr. Plummer: I just want to make sure it is understood, 110 Mayor Su&rbIt Rouse parthership, I guess: Ices, I don't think that they would be in a p6siti6n at this point, to let us know who owns Daebna and outside of Miami, Mr, Dawkins: 'Well, I will be putting them on notice that in the hekt 36 days, they have got to have partnership documented, executed, with Jorge De Cardenas and Jesse McCrary and Robert H. Sifnms, because they have not bought their part to come up to the 15 percent: i.Y'.CYl Y.-�.G----.--.�--�---Z�—fiCiL{r 6,►-GGG-YiiG GCCf..—�—CCiCY-GCY-GCC-GGYG-S.G GGa'. G.YGYC i' G6 32, APPOINT FRAME ROLLE, ROBERT GRILL, RICHARD NUSSEL TO THE AFFIRMATIVE ACTION BOARD. ----------,fir--GG-i`-------CiaGG C-----rr�—.i.----�—��—�--�—��------r Mayor Suarez: Item 36 is appointments, two by Plummer, one by Commissioner Kennedy, one by De Yurre for Affirmative Action Advisory Board. Do we have any nominations? Mrs. Kennedy: Yes, I have mine, Frankie Rolle. Mayor Suarez: Frankie Rolle, Vice -Mayor Kennedy's. Mr. Plummer: This is on the Affirmative Action? Mayor Suarez: Right. Mr. Plummer: I have two appointments. Mayor Suarez: You have two pending, right, two incumbents. Mr. Plummer: Yes, I have the last names here: Grill and Nussel, who applied. Hold on, I will give you the first names. Robert Grill, G-r-i-1-1, and Richard Nussel, N-u-s-s-e-1. Mayor Suarez: OK. Mr. Plummer: And I will provide the Clerk with the addresses. Mayor Suarez: I entertaina motion on those nominations, and hold Commissioner De Yurre's nomination until he makes it. Mrs. Kennedy: Move it. Mayor.Suarez: You move the nomination? Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-437 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO FILL FOUR VACANCIES ON THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD. NOTE: APPOINTED WERE: FRANKIE ROLLE (nominated by Vice Mayor Kennedy. ROBERT GRILL (nominated by Comm. Plummer) RICHARD NUSSEL (nominated by Comm. Plummer) (Here follows body of resolution, omitted here and on ; file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote; J. L 111 MAY 12, 1900 AYES e6 missi6ner victor be vurre Conntnissibr,er Miller J. Dawkihs Cotttnissibher J. L. Plummer, It, Vice Mayor Rosario kehhedy Mayor Xavier L. Suarez NOES: Nohe. ABSENT: None. NOTE FOR THE RECORb: AGENDA ITEM 37 WAS TABLEb. —camc c.r -------- .rc.r..:.------------.:---- ---- ------- ►-- er.a-r ac 33. DENY REQUEST FROM STUART SORG TO RESCIND PRIOR APPOINTMENT OF JAMES WELLINGTON TO SERVE ON WATERFRONT BOARD -----------r-------------------r------ Lii"ii+i ---wY------Gam---- Mayor Suarez: Item 38, Oh, not the Waterfront Board! Mr. Plummer: Mr. Mayor, I would like to ask, because I think I am a little incensed who placed on this agenda, item 38, without even consulting with me? This gentlemen was my appointment to this board. At the last meeting, it was confirmed by action of this Commission. I want to know who took the liberty... Mayor.Suarez: Well, the Commission later got into a discussion about how the appointments were made. Mr. Plummer: No, the remainder of them. Mayor Suarez: I think it included Mr. Wellington, because we couldn't figure out how it would be one for each Commissioner. Mr. Plummer: No, I think the record will reflect that Mr. Wellington was definitely appointed -and we deferred the remaining portion of ahem. Mr. Stuart Sorg: May I address that? Mr. Plummer: Yes. Mr. Sorg: Stuart Sorg, resident of the City of -Miami, chairman of the Waterfront Board. I wrote a 'letter to the Mayor and with 'a,copy. to the Commission, suggesting that we abide by the resolution 79-172 that created.the Waterfront Board, that said on all items, that a list of appointees would be presented to the Miami City Commission... Mr. Plummer: Which it was. Mr. Sorg: Which it was not done. Mr. Plummer: No, no, it was. We all had a list. Mr. Sorg: From where? Mr. Plummer: In our backup material: There were two names in that position that were nominated. We had that list. Mr. Sorg: But, you had no information... well, let me,.`. Mr. Plummer; Oh, I did, I did! Mr. Sorg: Mr. Plummer, let me just state for the record, I am not opposed to Mr. Wellington at all, I just want to make sure that the Waterfront Board, the City is abiding by a legal entity, that we are not doing something that is not proper. Mr, Plummer: OK, I would hope.., I would hope ,that this discussion is not about Mr. Wellington, My concern is, who put this on the agenda? 112 E Mti 96r9: I wrote a latter to the Mayor and a copy to the City Manager suggesting that we do that, because t wanted to clear the air, and make sure that you didn't have anyone elsa's package from any other environmental personnel, or any other environmental agencies. Mayor Suarez: Well, as chairman of the Waterfront Board, if he thinks that what wo did indicated that we may be going counter to the ordinance that created it, you know, it is proper for him to request that we consider rescinding that, even though we may reappoint the individual, if that is what you want. Mr. Sorg: And that is it, I would just want him thrown into the list, the group of everybody in a bonafide basis. Mayor Suarez: But, this has got to be the most confusing set of appointments, of rules for appointment of any board that I have ever seen in my life, certainly, I've ever seen here, I mean... Mr. Sorg: Absolutely. Well, let's rescind it, bring him back and go through the list properly. Mr. Plummer: I won't accept that. I will not accept that. I made an appointment. Mr. Dawkins: No, I... wait, J.L., wait a minute. Mr. Plummer: It was voted on, and to rescind that appointment now, to me, is a slap in the face. I had it fully before me. I had the names before me. This Commission voted upon it, and I think that this Commission's integrity is at stake. Mr. Sorg: But, you didn't have the information, anybody else to consider. Mr. Dawkins: Well, we didn't need... Mr. Plummer: I didn't need... what I had was the individual which I named to that board, Stuart! Mayor Suarez: OK, how about if we do this, and let's skip 38. We are not rescinding. Mr. Dawkins: No, we are not going to skip it. It is going to stay like it is! Mayor Suarez: That's what I mean. We are going to skip 38, which would rescind Mr. Wellington's appointment. Mr. Plummer: Let me do this. I move that 38 be denied. Mr. Sorg: Let's just withdraw it. Mr. Dawkins: Second. Mr. Sorg: Withdraw 38. Mr. Plummer: No, no, no! No, no, no, we are going to do this right. I move that 38 be denied. Mr. Dawkins: Second. Mayor Suarez: So moved and seconded, any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-438 A MOTION TO DENY PROPOSED RESOLUTION TO RESCIND APPOINTMENT OF JAMES WELLINGTON TO THE CITY OF MIAMI WATERFRONT BOARD. (NOTE: Mr. Wellington had been nominated by Comm. Plummer on April 14, 1988.) 113 May 12, 1988 .za �t • ttpbh being secohded by Cofinissiohef Dawkins, the motion wAs Passed anti adopted by the following vote: AYES: Commissioner Victor De Yurfe Commissioner Miller J. Dawkins Commissioner J. L. Plummer. Jr, Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: 1 thank the members of this Commission. ----.-------------------- r--------------.......------------------ 34. CITY ATTORNEY TO PREPARE LEGISLATION TO RECREATE THE WATERFRONT BOARD IN ORDER THAT EACH COMMISSIONER AND MAYOR MAY APPOINT TWO MEMBERS ------------------------------------------------------------------------------ Mayor Suarez: Now, 39. Mr. Sorg: May I speak to the Commission just a minute? Mr. Dawkins: No. Mayor Suarez: No, we appointed Mr. Wellington. Don't get into that. Mr. Sorg: No, I just wanted to speak not on... Mr. Dawkins: Go ahead, 40. Mayor Suarez: Hopefully we haven't violated the enabling ordinance. Now, what solutions do you have for us on 39 now, on the appointments that are pending? Mr.- Sorg: Years ago, the Waterfront Board was created. In 1979, it was one of the major committees or boards in the City. The Planning Advisory, the Zoning Board and the Waterfront Board. Over the years, it has not regained its credibility. What I am trying to do now is, I need support from the Commission on items that are due at the Commission level, that they come to the Waterfront Board first. Just let me touch on a couple items. The Navy ship visitation program, the Dinner Key Marina and the Yacht Club's raising of those rates, rebuilding the Virrick Gym, and also writing the position papers to buy the police boat - the Waterfront Board did all of those things, and it... Mayor Suarez: Stuart, I am about to suggest, on the issue of appointments, and I may have a majority here, that we ask the City Attorney to draft a whole new ordinance for us, that simplifies the procedure, sets the number of total appointments, and gives a certain number for each Commissioner... Mr. Dawkins: And gives authority back to the Commission, if we ever... Mayor Suarez: I'm about to do that. Mr. Sorg: Absolutely, I think that is a good idea. First of all, we need City... Mayor Suarez: All right, then I will entertain a motion that we defer action on 39, How many members do you have altogether now? %, 0 Mayor Suarez: The board, under the otdihahW Mr: Sorg: Nine, and two alterhataai that we would heed. Mayor Suarez: Oft. Mr, Plummers Now many presently do you have in plaoe? Mr. Sorg: We have about seven. Mr. Plummer: With Wellington? Mr: Sorg: With Wellington. Mr. Plummer: OK, so you have got a quorum. Mayor Suarez: Well, the motion can include that Wellington will be one of the new appointees, that you bring back to us, Madam City Attorney, a new ordinance that will create a board of let's say, ten plus one alternate, for eleven, two per Commissioner. Mr. Sorg: With specific Commission appointments. Mayor Suarez: Right, two per Commissioner, I just said. Mr. Plummer: That's fine. Mr. Sorg: Could you add... Mayor Suarez: And we'll include as a deference to the appointment already made that Mr. Wellington will serve on one of those. Mr. Sorg: Absolute. That's my point, and could you add one... Mayor Suarez: No, it's not your point, it's our point now and.. Mr. Sorg: Right, could... Mayor Suarez: ... we've solved this, I think, forever and ever because this confusion we've got here at 39, I don't even want to get into this. It's the most confusing thing I've ever seen. Mr. Sorg: Could you add one more alternate to that? Mr. Dawkins: No. Mr. Sorg: We have two alternates, let's just add one more alternate so we'll have an extra. Mr. Dawkins (OFF MIKE): No. Mr. Sorg: That's no problem. Is that all right? Mr. Dawkins (OFF MIKE): No. Eleven is enough. Mayor Suarez: Just eleven, at this point, OK, we have a motion... Mr. Dawkins: Second. Mr. Sorg: But let's not leave out the alternates, we... Mayor Suarez: Please, please, Stuart. Mr. Plummer: Mr. Mayor, let me just raise one point and I like the idea, OK, because it's simple. But I do think that there needs to be some consideration. At the time this Waterfront Board was put into place, it was put in because, unfortunately, like a lot of things around here, government operates by crisis. Crisis at that particular time was the continuous and long fight with the marina people in the back here about the rates. I am concerned that if you make these appointments, two per Commissioner, without some qualification with representing who shall make what representation, for example, I truthfully believe that these marina people should have a 115 May 12, 1988 representative on that board. I think the marine council should have a representative on that board. Mayor Suarez: You have two appointments, each one of us will have appointments, I'll be very interested in making those... Mr. Plummer: but, are we going to keep that in the back of our minds when we make these appointments is all I'm saying. Mayor Suarez: Absolutely, Mrs. Kennedy: Yes. Mr. Plummer: OK. Mr. Sorg: You can structure it that way. Mayor Suarez: in fact. I take basically your recommendations for my appointments. I just want to simplify this, I mean this is really the most complicated board... Mr. Plummer: I agree. Mr. Sorg: Let me just make one... Mayor Suarez: I have not had people beating down my doors for appointments to this board, I have to tell you. So if we can at least simplify it so the people that want to be appointed can be appointed and each Commissioner have a sense that he gets to appoint or she gets to appoint two, that simplifies the whole thing. Mr. Sorg: Absolutely. Let me just mention one thing... Mayor Suarez: I'm glad you agree with everything we've said. Thank you, Stuart. Bye. Mr. Sorg: Let me just say one... just one comment, the Waterfront Board is the only way the public has an opportunity to speak to the issues. Not the Commission, they can't get here, so let's not lose that. Mayor Suarez: I got you. Mrs. Kennedy: We know that. Mayor Suarez: All right, sir, and we're going to give more and more importance to the board. I think it's been listened to a lot more than it used to be from what I remember. OK, I'll entertain that in the form of a motion. Mr. Plummer: So move. Mr. Dawkins (OFF MIKE): Second. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-439 A MOTION TO DEFER CONSIDERATION OF PROPOSED RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE WATERFRONT BOARD; FURTHER INSTRUCTING THE CITY ATTORNEY TO DRAFT PROPER LEGISLATION AIMED AT SIMPLIFYING THE APPOINTMENTS TO THE WATERFRONT BOARD (SETTING THE TOTAL NUMBER OF APPOINTMENTS, PRESCRIBING THE NUMBER TO BE APPOINTED BY EACH COMMISSIONER AS TWO, WITH ONE ALTERNATE); FURTHER ACCEPTING THE APPOINTMENT OF JAMES WELLINGTON (PREVIOUSLY APPOINTED ON APRIL 14, 1988) TO BE INCLUDED AS ONE OF THE APPOINTEES TO SAID BOARD. 116 May 12, 1980 'P4 s Up6h being seconded by Commissioner Dawkins, the fnotion was Passed and adopted by the following voter AYES: Commissioner Victor be Yurre Comissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: And advised your current members who want to continue serving in accordance with Commissioner Plummer's suggestion that we can include those organizations to talk to the Commissioners, Stuart, in the next Couple of weeks to get appointed, 35. A. ALLOCATE $30,000 TO MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED FOR DOUGLAS GARDENS SENIOR ADULT DAY CARE CENTER AT LEGION PARK; B. CITY ADMINISTRATION TO PUT EVERY RECIPIENT OF SOCIAL FUNDS ON NOTICE THAT NEXT YEAR'S ALLOCATIONS WILL BE REDUCED BY APPROXIMATELY 14 PERCENT. Mr. De Yurre: Mr. Mayor, can we... Mayor Suarez: Yes, Commissioner. Mr. De Yurre: Could we take number 54 out of turn? There are a number of... Mayor Suarez: Is that the elderly... Mr. De Yurre: That's right, Jewish Home. Mayor Suarez: Item 54, Miami Jewish Home and Hospital for the Aged. We've got a lot of correspondence on this, that's for sure. Is that - there we go, please enter these into the record and that will show just that correspondence has been substantial and I think all of it favorable to continued City funding of this agency. Plus occasional run ins that we've had with you in different places. I mean, law firms have been writing about this, thats... I don't know who organized the law firms with little blanks to sign at the bottom, pretty cute, pretty cute. And I don't know what Traurig is doing up there but —is he one of your law firms that... Robert Traurig, Esq.: No, I'm just here as a supporter. Mayor Suarez: I shouldn't say one of your law firms, I'm just getting a little tired here. Your law firm is one of the ones that we received an endorsement from, I presume. OK, who do we hear from? Mr. Traurig: Mr. Mayor, let me just introduce... Mayor Suarez: No more than one person, yes. Mr. Traurig: My name is Robert H. Traurig, 1401 Brickell Avenue, I'm here really to introduce Mr. Mark Lichtman, the executive director of the Douglas Gardens which operates the program at Legion Park. I think all of you know the program, it's a superior program for elderly day care and Mark will very quickly describe the program and the needs of the program and urge that you will support, as you have for 15 years approximately, this outstanding program for elderly low income families. Thank you. Mrs. Kennedy: Bob, how much money are we talking about? Mr. Traurig: Mark... Mr. Mark Lichtman: $106,000, 117 May 12, 1988 Mr. plummer: Mr. Manager, where would the money come from? Mr. be Yurre: From his raise. Mr. Odio: We have allocated for them $30,569. They received last year $32, 118 and we're recommending that we fund them $10,560. 1 don't have any monies to allocate to them. Mr. Dawkins (OFF MIKE): Well, say that, you'll be through with it, thank you. Mr. De Yurre: Mark, why don't you go ahead? Mr. Lichtman: OK, I'm Mark Lichtman, I'm executive director of Miami Jewish Home and Hospital for the Aged. I am at 151 N.E. 52nd Street. As we all know, in 1974, the partnership was established within the City of Miami and Douglas Gardens to provide day care services for elderly. We are located at the Legion Memorial Park, a part of the Parks & Recreation Program. This park is totally utilized by the Legion Park Day Care Program. The City has provided the safe and attractive location. Douglas Gardens provides the programming, based on its long term experience and secures additional revenue. It was a partnership that works since 1974, it's the first and was the first day care program, one of the first day care programs for the elderly, in the country; the first in the State of Florida. It was established through federal revenue sharing funds. Through 1985, federal revenue sharing funds is history. When we never took community development dollars, we were not then therefore eligible to receive the funding as the other agencies in federal revenue sharing at that time, through that time, did receive rollover funds to fund the entire part of their program that was under federal revenue sharing. This partnership has provided over 120,000 days care to people that are here and people through 1974 that have been, whose average age is 82, 95 percent low income, 75 percent having no family support, over 50 percent of the population being black or Hispanic. Yes, it's the Miami Jewish Home, but they are not Jewish residents or participants at this particular project. Most of the programs - statistics are right there before you - we have people, who, without the program, would be institutionalized. They've been taken off of waiting lists of institutions to get into Legion Park providing a full range of activities, health and recreation, full medical support. What Legion Park is is more than a partnership between a geriatric care center and a caring City. It's more than a budget and it's more than dedicated staff. Legion Park is a life line for many of these frail elderly. This program will close. Last year, yes, we received $36,000. At that time, at the deliberations of the City of Miami, we were able to get funds from the State of Florida; one time emergency funding. As you recall, it was $106,000 prior to that, seventy-five before the thirty-six. Historically up through the years, of $106,000 funding. Thereafter, we've received the seventy-five and then last year the thirty-six. Through the last two years, we were able to increase the Medicaid census and being able to get people eligible into the rolls for this particular program and, again, the State of Florida for emergency funding, through the partnerships again have been able to create this additional funding to make this program exist and co -exist. Through the efforts of the City of Miami again, again it's at Legion Park. Mrs. Kennedy: And you are the only senior day care center in the northeast part of the City, correct? Mr. Lichtman: Correct. Mr. Plummer (OFF MIKE): No, probably, in the whole City of Miami. Mrs. Kennedy (OFF MIKE): ... the whole City. Mr. Plummer (OFF MIKE): There's another one. Mrs. Kennedy (OFF MIKE): That's what I'm saying, the whole City. Mr. Plummer (OFF MIKE): It's the only one in the City. Mr. Lichtman: We have worked real hard to create additional funding for dollars. Wherever possible, we've shifted funding to Medicaid or private pay. We've also used other resources like the home to deliver the multitudes of services that the these people receive, and these people received services on lie May 12, 1988 0 #4 0 the main campus of Douglas Gardens and back again to the Legion Park program. Resources at the home for medical care, food, transportation, physical services. The bottom line for Douglas Gardens is quality program. We cannot diminish our level of care, especially for those whose quality of life outside the center is already impoverished. What do we do about Legion Park because the lives are at stake. These people would be placed in nursing homes. We're not talking about degrees of happiness, we're talking about their lives, we're talking about whether people live at home or in a nursing home. We're talking about whether they get medical attention or not. We're talking about meals, food, whether they eat or not eat. We're also talking about people who are in the room today who I do not want to go, just as you don't, in July to see them in July to say that this program will no longer exist. The State has not given us any indication of any additional funding for this coming year and, therefore, this program will have to close its doors. We can do everything to ensure the continuation of this particular program. We ask your deliberation, we ask your help so that the fourteen years of partnership that we've had together, that these people will have a quality of life, that they will - who are old and frail and need us, can also look forward to be young enough to want to grow and learn and live together. I hope that through some sources of funding, as a previous year through the parks and other particular program funding sources, we were able to work together in being able to fill these peoples quality to their life. Mayor Suarez: Thank you. Mr. Plummer: Do you realize that if we give you one dollar, we're taking it away from people who are now receiving food. OK, I mean, that's where we are. We're down to the bottom line. Now, are you standing there asking me to play God as to who I'm going to feed and who I'm not? Mr. Lichtman: Well... Mr. Plummer: That's what you're doing. There are no more funds available and if I take one dollar away from what has already been allocated, I'm taking food away from somebody because that's where it is. Mr. Lichtman: The decision that's being made is to take all the money away from Legion Park, so you're taking away their food, you're taking away their daily sustenance from this particular program. Mr. Plummer: Well, then tell me what part of that program is in food. Mr. Lichtman: What part of that program is food? Mr. Plummer: Yes, of the $106,000, how much of it is food? Mr. Daniel Brady: There's approximately $45,000 which is spent on the actual meal, meal preparation and plates and spoons. Mr. Lichtman: This budget is a $287,000 budget. Mr. Plummer: Where's the rest come from? Mr. Lichtman: The rest is coming from Douglas Gardens, fees for service, it's also coming from United Home Care, through Medicaid funding and the City of Miami. United Home Care is basically through the State of Florida's... Mayor Suarez: And they're spending presumably a grant... Mr. Lichtman: ... special grant for last year. Mayor Suarez: OK, they're spending a grant application with the State too? Mr. Lichtman: Yes. Mr. De Yurre: I have one concern and that is that the City of Miami has a number of elderly day care centers. And based on the information that I have, this is the only one at the northeast part of town. Ms. Francena Brooks (OFF MIKE): Right. 119 May 12, 1988 #4 0 Mr. pluMer (OFF MIKE): Weil, but that's... the only thing we're paying for there is food. Mr. De Yurre. For years, we hear the outcry of the northeast saying, we're neglected, we've been neglected, we continue to be neglected and, though we try to do all that we can, to not only represent the northeast, but the whole City of Miami on an equal basis and do all that's within our power. You know, I believe that where we have other parts of town that have not just one, but possibly two, three or more elderly day care centers, I think that we have to take special attention in making sure that the northeast at least keeps the only one that they have and I think we have, to make an extra effort to make sure that it doesn't go down the tubes like it may happen. Mr. Plummer: Where's the money come from? Mr. Dawkins: One question, Mr. Mayor, Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: What do you mean by Medicaid portion? Explain that to me, please. Mr. Lichtman: What do I mean by the Medicaid portion of the budget? Mr. Dawkins: Yes. Mr. Lichtman: These are indigent day care clients that are assessed as receiving either institutional or day care services through the cares unit through the State of Florida, City of Miami. Mr. Dawkins: So when you say, Medicaid, are you saying that as such that they qualify for Medicaid payments for services that they might receive at the Miami Jewish Home or would I be incorrect? Mr. Lichtman: At the Legion Park Day Care Center. Mr. Dawkins: They are assessed and these assessed charges are passed on to Medicaid and you are reimbursed for them through the Medicaid program. Is that what you're saying? Mr. Lichtman: This is part- yes, this is part of our budget. Mr. Dawkins: Beg pardon? Mr. Lichtman: Yes, this is part of our budget. Mr. Dawkins: OK, thank you. Mr. Plummer: What is your cost factor per meal? Mr. Lichtman: Cost factor per meal? Mr. Plummer: Yes. Mr. Dawkins: So really and truly... Mr. Lichtman: Three dollars, three dollars. Mr. Dawkins: ... Miami Jewish Home isn't contributing that much if you... Mr. Lichtman: $2.95. 11 Mr. Dawkins: ... come back and say that Medicaid and everybody else is doing something. That's the point that I'm trying to get through, sir. Mr. Plummer: Josephine Carbonnell, what is your cost factor per meal? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Mr. Plummer: $1.79 as opposed to $2.95. Mr. Lichtman: There is one... 120 May 12, 1980 UNIbENTjFIEb SPEAKER (OFF MIKE): One meal anti two snacks. Mr. Lichtffiah (OFF AND ON MIKE): Right. That's food and snacks? Mayor Suarez: It may be a larger number... Mr. Lichtman: They're be one other factor, but l just want to double check. Mayor Suarez: Economies of scale... Mr. Dawkins (OFF MIKE): I couldn't care less. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS. Mr. Lichtman: OK. One meal, this is including two snacks, also it's kosher. It comes out of the Miami Jewish Home and that is something that, although the participants are not necessarily of the Jewish faith, that's something that comes out of our main commissary and we are strictly kosher, and I think historically has been found through all of it. Mr. Plummer: A higher authority. Mr. Lichtman: What can I tell you, I can't change that nor would we change it, it's just a problem and it has always been historically higher. Mr. Plummer (OFF MIKE): The all meat frankfurter, the higher authority. Mr. Dawkins: Well, you know, we can't - we go through this every year and we must say that the Miami Jewish Home does serve a much needed population out there that wouldn't be served, and every year we have to come up here, and it's pitiful that we have to come to this but, you know, but we have to and we have to deal with it so that's where we are. Mr. Lichtman: Exactly why we're coming today. Mrs. Kennedy: Mr. Manager, you said you're prepared to give them $30,000? Frank - somebody? Mr. Plummer: Well, wait a minute, let's be honest now, OK? Remember, we promised at the last meeting of the public hearing in reference to social monies that there are six people in line for - how many? Mr. Odio (OFF MIKE): Four - four. Mr. Plummer: Four people in line and I think it was Commissioner Dawkins... Mr. Odio (OFF MIKE): We can move them up a priority. Mr. Plummer: ... who said that we are not moving priorities until all food programs have been reimbursed to the 5.2 percent that was taken away. Mr. Odio (OFF MIKE): OK, they... Mr. Plummer: Am I correct on that, Commissioner Dawkins? Mr. Dawkins: You are correct and it's in the minutes. Mr. Plummer: OK, so let's don't... Mr. Odio; We can give them the thirty... Mr. Dawkins: Don't play games, that's what, that's right. Mr. Plummer: That's it, don't... Mr. Odio: We can give them the $30,000, but they are in the fourth order of priority in the list.. In the fifth. Mr. Plummer; Actually, it would be the fifth.,. Mr. Odio; Fifth, actually, right. 121 May 12, 1988 Nit, kluffmt: ... because if till food programs are restored to the 5,2 that they losti than you're in the fifth priority: Mt, Lithtman: Let us 6196 not Consider this as a food prografn, Mr. Pluttmer: Have no problem with $45,000 of the total program, Mr: Lichtmans 1 mean, I don't understand that priorititatiofts and that's something that's internal and 1 am sure, you know, there's something that's there. Mayor Suarez: That's because we want to try to restore all the food programs, not necessarily referring to your's as that by itself. Mr. Lichtman: OK, I just wanted to address the fact that this program is not a food program. Mr. Plummer: Look, you know, I felt bad when people walked away from here: If you think at the fifth priority level, you're going to get any money, your chances of getting any money are so nil, I want you to know that, OK? You're there, we get a windfall, you're in great shape. But, as it stands right now, I don't think, from what I was told by Community Development, that we're ever going to attain putting all of the food programs back at the 5.2 that they lost. That's first priority. Mr. Lichtman: Do you fund separate health programs? Mr. Plummer: Excuse me? Mr. Lichtman: I mean, are there various columns where you're saying, it's food and I'm not understanding of that particular Mr. Plummer: No, the programs were well identified. They were well identified. Mayor Suarez: No, no, we try to give higher priority to food over the programs that we do fund than any other. Food and health, actually, but food even higher than... Mrs. Kennedy: They all qualified as food programs. Mr. Plummer: Yes, they all qualified so I just don't want you to walk... Mr. Lichtman: But we have historically had, up through 1985 been receiving, funds through the City of Miami for this particular program. Mr. Plummer: It's through my suggestion you changed your word. Mr. Lichtman: Pardon me? Mr. Plummer: It was through my suggestion to you that you changed your wording, remember? Mayor Suarez: The funding... Mr. Plummer: Five years ago. Mayor Suarez: The partnership, in a sense... Mr. Lichtman: The what? Mayor Suarez: ... was with - in a sense through the City but with the federal government through general revenue sharing. Mr. Lichtman: Right, and now the... Mayor Suarez: That's been the big problem, we've lost that precisely since 1985 but we have a heck of a... Mr. Lichtman: But through 1985 and up that point, that's when all the other programs did receive community development dollars for their funding, 122 May 12, 1988 i Mayor guarw feet rne... Mr. Lichtraan: Not one third of their funding, Mayor Suarea: I let you weak before if you just let'nie finish, Mr. Lithtman: Sorry, Mayor Suarez: But what we can do in this case, and I have a feeling it will be successful, is to turn all this effort at the legislature and make sure that in the next couple of weeks we get something from them and - you're shaking your head, but I have a feeling we could do it. If you're as intent in dealing with them and we'll spearhead it for you and help you out with the legislators... Mrs. Kennedy: I'm willing to go next week to Tallahassee and lobby for money. Mayor Suarez: And we've got the Vice Mayor going to Tallahassee and making this a high priority... Mr. De Yurre: Is it... Mayor Suarez: ... and then, at the end of June, when the sessions over, we may have to do something else. Mr. Dawkins: Well, I'm going to Tallahassee on the 18th, I'll add it to my priority... Mayor Suarez: There you go. Mr. Dawkins: ... but I have some other things that are priority with me but I don't mind adding this one to the lobby. Mayor Suarez: Everybody keeps going to Tallahassee, we could meet in Tallahassee - are you going too, Commissioner De Yurre? Mr. Dawkins: Yes, on... Mr. De Yurre: No, I'm going somewhere else. UNIDENTIFIED SPEAKER (OFF MIKE): convention, Jesus. Mr. De Yurre: Hold it. Mayor Suarez: OK, I'll entertain that in the form of a motion which you had proposed before unless you've got something else. Mr. De Yurre: Well, hold it, I want to see... UNIDENTIFIED SPEAKER (OFF MIKE): I want... Mr. De Yurre: Are they getting $30,000 as it is now? Mr. Lichtman (OFF MIKE): He said forty. Mr. Odio: They are recommended for $30,000 after the - on the fifth priority, in other words.. Mr. De Yurre: So, you're telling me that last year they got thirty-two and the years past they got "X" more thousands and they've been shut out for this year? Mr. Frank Castaneda: No, Commissioner, let me say, last year they received $32,000 from the carryover funds of last year. Mrs. Kennedy: Had some surplus funds. Mr. De Yurre: Well, why weren't they included this year with the package? *4 0 Mr. be Yurre: Yes, but you reduced 5 perceht, you khow, and theh.— Mr. Odio: Ve used the priority set by the Commission food programs and they don't qualify.. Mr: Plummer: That's right. Mr. Dawkins (OFF MIKE): Mrs. Brooks* Mrs. Brooks, Mrs. Brooks, Ms. Francena Brooks: They, though, were not funded out of the 13th year block grant. See, they were funded out of some carryover money from 12th year. They weren't funded out of the 13th year. Mayor Suarez: This is hindsight, but it would have been helpful in this year to consider them a funded program so that they would have had the 5 percent apply to them, not 100 percent applied to them as a reduction there. Ms. Brooks: Yes, it would have been a higher percentage is what it amounts to. It wouldn't have been a five percent cut, it would have been probably more like eight. Mayor Suarez: It would have been 5.12 percent out of a million plus whatever the figure was. Ms. Brooks (OFF MIKE): About eight, yes. Mr. De Yurre: You know, I just think that it's totally inequitable, and if you follow the historical situation of this program that they're getting shut out this way. And certainly, not only that, but when you're analyzing the fact they're the only group in the northeast, the only one, and these are residents that live in the northeast, you know, they're not members of the home, they don't live in the home, they live in the northeast area. They're residents that have been there for years and years and have contributed to this community and I, you know, just - not acceptable to me in that sense that we just shut out the whole northeast from any type of program like this. Mr. Plummer: Let me ask you a question. Maybe we ought to have the truth. What does next year look like? Mr. Odio: When I went to Washington, the word was from Sylvester Lukis that they're looking at a 14.3 cut. Mr. Plummer: Additional. Mr. Odio: Additional. Mr. Plummer: Last year it was 36 percent cut, this year was 5.2... Mrs. Kennedy (OFF MIKE): 5.39. Mr. Odio (OFF MIKE): 5.2. Next year is 14.3. Mr. Plummer: And next year is a 14... Mr. Odio: And if you consider that we are zero in general revenues, that we used to get $9,000,000 a year and that's gone. Mrs. Kennedy: You know, one thing that we should address next year is not to do what we did at the last Commission meeting where the block grants were allocated, people were standing in line and we were putting them in first, second, third, and fourth priority according to a first come, first serve basis. I think that's not equitable and we should evaluate all the people coming to us for the food programs and then weights each one individually. Mr. Plummer: Well, Rosario, in the final analysis through Commissioner Dawkins' motion, I think we reestablished the priorities by saying that all food programs would be first priority restored to the 5.2. Mrs. Kennedy: Right. Mr. Plummer: So, we did... 124 May 12, 1988 1% 0 Mrs: x6f,fiedy: But within those,, Mr. plummer: Yes, we were back up to an e4uitable basis. Mrs: Xeiinedy: ..4 five different Programs, we should evaluate them. Mr. Dawkins: 4ie11, let one go on record. please{ Mr. Mayor, let a,e go on record now. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: Next year, whatever staff recommends, I am voting with. Every year staff, you pay them to evaluate, recommendate and come in with recommendations. They do this, they come in and then we sit up here with our special projects and our special interests and we chop away and then along come another one who's a special interest of mine and I chop away, and somebody else comes by and we get into this situation where we've got these senior citizens, uncomfortable, sitting up here, which is again, criminal, because you're trying to persuade a public to show that we don't care and show them that when we do care, so I'm going to go on record as saying now, whatever staff recommends next year, that's what I'm voting with. Mr. De Yurre: Mr. Mayor, can we try a different angle since this program is in a park, is there any way that we can get any funding at all from the parks program to help out? It's been done in the past, it's my understanding. Mr. Odio: Commissioner, this year we're budgeted out. Next year's budget I haven't looked at, but I can assure you it's going to be a very, very tight budget in the Parks Department. Mr. De Yurre: What do we do with the interest money that we're making on the $8,000,000? Mr. Odio: I'll have to ask... Mr. Plummer (OFF MIKE): That was allocated into the contingency fund. Mr. Odio (OFF MIKE): Yes, I think so. Mr. Plummer: I know it was. Mr. Odio: We had $500,000 into the contingency. Mr. Lichtman (OFF MIKE): That's where we got our money before. Mayor Suarez: That's surely not the question, the contingency fund. The question's really the interest on the whatever amount of bond monies we have available. Mr. Odio: We have $250,000 in interest in the bank. Mr. Dawkins: May I ask you a question, please. Question, please. Mr. Odio (OFF MIKE): Yes, sir. Mr. Dawkins: Mr. Manager. Mr. Odio (OFF MIKE): Yes, sir. Mr. Dawkins: You've laid off one, two, three, four, five, six, seven, eight people in parks and recreation. Mr. Odio: Yes, sir. Mr. Dawkins: So, you've cut eight people out of work, which means that accordingly you have no money in parks and recreation. Mr. Odio: That's right. Mr. Dawkins: So now, Commissioner De Yurre asked you point blank, how can you,., can you fund this program from parks and recreation.., 125 May 12, 1988 #4 0 Mt. bdi6t And i said i ean't. Nit, Dawkins., .,+ and instead df saying, no of Yes, You, I rean, 76u're tardangiing around; eithet you oan.,. Mt. Odio: The answer is no. Mr. bawkinst And whyl Mr. olio: because we have no funds. Mr. De Yurret Uhat'd he do with that interest rnoney? Mr. Odiot it's in the bank. Mr. De Yurret tlhat is that earmarked for? Mr. Odiot flight now, it's sitting there, it has not been allocated for anything. Mayor Suarez: Are you considering that part of the capital improvements plan, is that the idea? Mr. Odio.- As reserve, as reserve. It is a reserve. We don't know yet what happened with the fees... Mr. Plummer-. Remember, we reduced the contingency and gave part of it to Lummus Park saying that the interest would.. Mayor Suarez: No, I know we've split some of the contingency, I didn't know if you had taken the interest on the fund itself on the bonds and also made them part of the overall funding. Mr. Odio: It is in the reserve account. Mr. Plummer: We put - was it - $75,000 or $100,000 into Lummus Park. Mr. Lichtman.: That's where we got. Mr. Odio: I have to - I really - I'm going to say for the record that this is one very good program. I have been in there, it is an excellent program. But the time has come where the priorities have to be - decisions have to be decided and the next year's budget is even going to be worse, and we're going to have to decide which services we're going to provide. Right now, we don't have the money. Mr. Dawkins (OFF MIKE): Can we, do we have the money or not, that's what... Mr. Lichtman: This program did receive contingency funds from the park program the year before, through J.L.'s efforts I remembered; I remember that. But it was through that particular funding source. Mr. Plummer: Hey, we scraped the barrel last year to find you the money. We scraped the barrel. Mr. Dawkins (OFF MIKE): What is in the contingency, is it $30,000 in the contingency fund? Mayor Suarez (OFF MIKE): Oh, yes, there's more than... Mr. Dawkins (OFF MIKE): Well, give it to them,.. Mayor Suarez (OFF MIKE); Why don't you make a motion from the interest? From the interest on the bonds. Mr. Lichtman: But this, without any additional resources, there is no program at this - we would not be back here for any additional or seeking any funds. Mayor Suarez: OK, let's see if we get ready to do a motion here otherwise we'll be on this forever, 126 May 12, 1900 Mr. be Yurre: I'd like to make a motioh. You know, I just can't see them walk away with nothing. I move that we find $10,000 from either the interest that is being earned on the money or frog the tontingency fund to be allocated for this program. Mrs. Kennedy: Second: Mayor Suarez: So moved and seconded, understanding that that's really a one shot matter because it's from a capital fund, it's not from an operating fund and we have no recurring source of income for another year. What we'll do next year, God knows. only. Mr. Plummer (OFF MIKE): Well, I'm going to make a motion after this one. Mayor Suarez: We have a motion and a second. Mr. Plummer: All right, let me ask this question. Now are you going to justify this to the people who we told that any available money at all would first reduce the 5.2 percent deficit that they're now taking in? Mayor Suarez: We've treated other programs as parks and recreations programs of the City such as what we've done in Belafonte Tacolcy because of the high priority that we've given them. We have a motion and a second, any discussion? Call the roll. i OThe following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 88-440 A MOTION INSTRUCTING THE CITY ADMINISTRATION TO FIND $30,000 TO PROVIDE ASSISTANCE FOR THE CONTINUED OPERATION OF THE CITY OF MIAMI/DOUGLAS SENIOR ADULT DAY CARE CENTER AT LEGION PARK, FROM EITHER THE $250,000 IN INTEREST EARNED ON THE $8 MILLION PARK REVENUE BONDS, OR FROM CONTINGENCY FUNDS FROM THE PARKS PROGRAM; FURTHER STIPULATING TO SAID SOCIAL SERVICE AGENCY THAT IF THEY ARE NOT FUNDED BY THE STATE LEGISLATURE, AND THE PROGRAM ENDS, SAID $30,000 SHALL REMAIN WITH THE CITY. 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. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: I got to ask one other question. If you get $30,000 from us and you don't get the state money, where are you? Mr. Lichtman: We're closed. Mayor Suarez (OFF MIKE): So we get the money back. Mr. Plummer: So, in other words, you'll know then something by the end of the month? Mr. Lichtman (OFF MIKE): We just can't operate on it. By the end of the month, no. Mr. Plummer: Well, I mean, when the legislature, this session closes in the budget. 1 127 May 12, 1988 �, 41 0 Mt. Brady: we will know before the beginning of your next fiscal year when the state goes through and does the appropriations process and allbcates mbhO ► to the various parts of state government. Mayor Suarez: You'll know a lot before that because we don't actually begin a fiscal year until October lat. Mr. Lichtman: Through MSS 1 was not able to find that out last year until the end of September. Mayor Suarez: Vell, I think they had some funds on hold last year. Anything else, Commissioner? Mr. Plummer: I'll vote yes. Mr. Dawkins: I'm going to vote yes with the stipulation that if they do not - that they're not funded by the state, and following the statement made by the director that the program would be closed, that the $30,000 remain with us since the program will not be in effect, there will be no point in my contributing to a program that's not going to operate. Yes, yes. Mayor Suarez: Yes, with that proviso. COMMENTS MADE FOLLOWING ROLL CALL: Mr. Plummer: Mr. Mayor, at this time, I'd like to make a motion directing the City Administration, through community development, to put every recipient of social monies on notice today of what the indication is for next year, so that they cannot come back next year and say, hey, we didn't realize. I would move at this time that the Manager notify every recipient of social money, all of community development monies... Mayor Suarez: So moved. Mr. Plummer: ... that they be the indication is a reduction next year of 14 more percent, I so move. Mayor Suarez: So moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-441 A MOTION INSTRUCTING THE CITY MANAGER TO PUT ALL RECIPIENTS OF SOCIAL SERVICE MONIES ON NOTICE AS TO WHAT THE FORECAST FOR NEXT YEAR WILL BE WITH RESPECT TO FUNDING OF THEIR RESPECTIVE PROGRAMS; FURTHER INSTRUCTING THE CITY MANAGER TO NOTIFY ALL SOCIAL SERVICE AGENCIES OF THE PROPOSED 14.2 PERCENT REDUCTION IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING NEXT YEAR. 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. Mrs. Kennedy: Mr, Mayor, while we are on the elderly. ;a 128 May 12, 1988 - t: Ms. Annette Eisenberg: I'm being ignored. Mayor Suarez: Madam Vice Mayor, Ms. Eisenberg: I'm being ignored. Mayor Suarez: I presume you are in favor of what we Just did, Ms. Eisenberg: I'd like to speak. Mayor Suarez: Remember the old rule of raomentum, Annette. You can have tan seconds, go ahead. Ms. Eisenberg: OK. Mayor Suarez: To thank us. Ms. Eisenberg: Thank you. My name is Annette Eisenberg and I live at 1180 N.E. 86th Street. I just want to go on record as saying that I'm going to monitor the Commission for all the money that you take out of the general fund for everybody that comes to you for a festival, for a carnival, for planting a tree, it's not fair for you... Mayor Suarez: You mean you haven't been doing that lately? Ms. Eisenberg: Yes, I have and I've been pretty appalled, that's why I haven't been down here. Mayor Suarez: Oh, no, we haven't given any money for festivals lately, but you can monitor us a little bit more if you want. Ms. Eisenberg: Well, I just think that what you're doing here today, I know you're making every effort to fund this program... Mayor Suarez: We sure are. Ms. Eisenberg: ... because it is important. But there are monies that are found during the year in the general fund that's given out to projects that are not as needy and not as worthy as this one. Mayor Suarez: A lot less every year now. We've been tightening up, we're... Ms. Eisenberg: Well, that's fine. Mr. Odio: Annette, Annette, we... Mayor Suarez: We've been tightening up, Annette. Mr. Odio: We have laid off 25 people this week. Ms. Eisenberg: You've also given raises to a lot of people. Mr. Odio: No, we have not. OK. Ms. Eisenberg: Well, as a resident of the City... Mr. Odio: Don't believe what you read in the Miami Herald. Ms. Eisenberg: As a resident of the City of Miami... Mr. Plummer: Ahhhhhh! Ms. Eisenberg: ... who believes the Herald. As a resident of the City of Miami and of the northeast, I would ask you to reexamine whatever resources you have; the police mini station, the Asian village, the various festivals that you fund, please consider the human element before we do the other things. Mayor Suarez: OK... Mrs. Kennedy: Mr. Mayor... 129 May 12, 1988 Mk 0 Mr. Liehtrnan: Just to say thank you for your efforts, I promise you whatever we can do together lobbying the states we will, Douglas Gardens will do it for you. Mrs. Kenhedy: The Little Havana Activity Center::, Mayor Suarez: Madam 'Vice Mayor. Mrs. Kennedy: ... brings its elderly to celebrate the "Older American Month," every year at Dinner Key Auditorium and Josefina Carbonnell is in the background and she would like to ask, I believe, for a fee waiver. Josephine. 36, DISCUSSION AND TEMPORARY DEFERRAL CONCERNING IMPROVEMENTS TO LAWRENCE WATERWAY CANAL (SEE LABEL 39). Mayor Suarez: Item 40. Mr. Don Cather: Good afternoon ladies and gentlemen, this is Donald Cather, director of Public Works. Item 40 deals with the acquisition of the bottom land which makes up the Lawrence Waterway. There's a brief description of it here on this, I'd like to show it to you briefly. Mr. Plummer: What venue? Mr. Cather (OFF MIKE): 17th Place and... Mr. Plummer: Oh, yes, yes, yes, yes. It runs back to the caves. How much are you anticipating? Condemnation. Mr. Cather: This went up for sale on the court house steps. The taxes due were about $680. The Manager authorized me to spend up to $1,000. Unfortunately, some person at this particular sale decided since the City wanted it, he would bid it up. He bid it up, I think, around $1200. I dropped out at $1,000. This is not a major problem, but... Mayor Suarez: You're not concerned about this, are you? OK, that's fine, we've heard enough on that. What else do we need to know about this the... Mr. Cather: Well, we have to know, he came back two days later when he found out he bought a piece of water and wanted to know if we'd give him a couple of hundred bucks more than he paid for it. And I said, well I.. Mayor Suarez: It's costing us a couple of hundred dollars a minute to discuss this. Mr. Cather: Yes. Mayor Suarez: What else on this, anyone? Mr. Cather: OK, now 41 is the next item. We will go to condemnation, if necessary. Mr. Dawkins (OFF MIKE): What now? Mr. Cather: The Lawrence Waterway Highway Improvement is, of course, the improvement we will build in this area which we have most of the property now adjating the out lots and then we'll build this property - build this improvement. And that's item 41. Mr. Plummer: How much is that? Mayor Suarez: Can you tell at this point? Mr. Plummer: Hello. Hello. Mr. Cather: I don't know why we haven't got our costs here but I can get that for you. I don't know why - some how or another, I neglected to have that in there, I'm sorry. It's... 130 May 12, 1988 Mayor tuarez: What's the estimate? Mr. Lather: When you have it confirmed, I will have the estimate of costs for you, at the eonfiming..s Mr. Plummer, Weil, unaybe I don't want to eonfirm it, if I don't know the estimate. Mr. Cather: This is Just ordering it. Mr. Plummer: Weil, maybe I don't want to order it if I don't know how much it's going to Bost Mayor Suarez: Don, do you want to table this for a few minutes and get us that figure? Mr. Cather: Yes, I will, please, excuse me. Mayor Suarez: OX, do you want to speak to either 40 or 41? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: In favor, presumably. It's... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. i Mayor Suarez: We're heading in that direction, I mean, I don't know what you can add that... ` - Mr. Robert Hughes: Yes,.and as far as a couple of hundred dollars difference between what you offered and what that gentleman bid or paid, I'd be glad to pay that difference just'.to give you that land. Mayor Suarez: We'll take it. Would you make the check out to the -.City of Miami and leave it with the Manager? Mr. Hughes: I sure will. Mayor Suarez: Thank you. Mr. Dawkins: Mr. Mayor... Mayor Suarez: I know you've been wanting these improvements out there for a long time and I know God knows the area needs it. Commissioner Dawkins. Mr. Dawkins: I'd like to ask permission to take 67 out of order. Mayor Suarez: OK, we're not in a position to vote on 40 or 41. What item is it, Commissioner? Mr. Dawkins: Oh, yes, it's right here,, I'm sorry. Mayor Suarez (OFF MIKE): Plummer wanted the. extra figures Let's hold. Mr. Dawkins: OK, let's wait. s s 11 May 12, 1988 44 0 ------------------------------------------------------------------- 31. SUPPORT IN PRINCIPLE OF MIAMI CHRISTIAN IMPROVEMENT ASSOCIATION CONCEPT OF AN EVENT CONCERNING SUPPORT FOR DADE COUNTY LAW ENFORCEMENT; MANAGER TO ASSIST GROUP IN IDENTIFYING A LOCATION FOR THEIR EVENT. -------------------------------------------------------------------------- Mr. Dawkins: Sixty-seven. Mayor Suarez: Item 67. Mr. Dawkins: Reverend Curry. Go ahead. Rev. Victor T. Curry: Honorable Mayor, Xavier Suarez, Vice Mayor, Rosario Kennedy, members of the City of Miami Commission and City Manager, Cesar Odio, my name is Reverend Victor T. Curry and I'm the president of the Miami Christian Improvement Association, and also the pastor of the Mt. Carmel Missionary Baptist Church, 1745 N.W. 79th Street, Miami, Florida. I also have along with me some local pastors and the members of the Miami Christian Improvement Association, the Rev. Randal E. Holtz, pastor of the New Hope Missionary Baptist Church of Miami and chairman of the board of directors of the Miami Christian Improvement Association and also the Rev. Willie E. Simms, Jr., assistant to the pastor at the New Hope Missionary Baptist Church, and also vice president of the Miami Christian Improvement Association. We also have with us... Mayor Suarez: You had to bring Willie. Mr. Curry: Right. We also have with us Miss Patricia Thompson, she's the keeper of records of the Miami Christian Improvement Association. And in light of the recent senseless shootings of our City of Miami police officers, we, the members of the Miami Christian Improvement Association, would like your support in assisting us with sponsoring a solidarity weekend in appreciation for our City of Miami police department, along with our Chief, Clarence Dickson. We have designated the weekend of June the 3rd through the 5th, 1988, as a time to recognize and demonstrate our support for these outstanding individuals who unselfishly risk their lives on a daily basis to protect the lives and property of... Mayor Suarez: Reverend, are you planning to do this outdoor? Do you need the street closure or are you trying to do it indoor and you need a location, or what? Mr. Curry: Well, we were going to get to all of that, I'm... Mr. Dawkins: He wants you to get through to it. Mr. Curry: OK. Well, we want to do this inside if possible. We... Mayor Suarez: You're looking for a building and what kind of space, how much space are we talking about? Mr. Curry: Well, right now, we're just in the planning stages. We hope that we would need a building that will facilitate thousands of... Mayor Suarez: I have a feeling that we could certainly entertain a motion to have the Manager look to see what might be available, and when you decide what the size of what you might need, you know, we have quite a few facilities where some of this can... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dawkins (OFF MIKE): That's the weekend of what? Mayor Suarez: The Goals Conference in... right. We may very well have - 1 mean, depending on the size of what you want, if you don't know at this point, it's going to be hard for us to make any kind of a... Mr. Curry: Well we know that - well, we know once we... Mayor Suarez: Right. 132 May 12, 1988 % I • Mr. Curry: ... get your support and your endorsement... Mayor Suarez: We can do that, we can take a motion to, in principle, support you and have the Manager work with you on a place that can be used. Hopefully, for, you know, very little rent or maybe we can even waive the rent. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Needless to say, the Commissioner just made a statement, needless to say, that's true. Mr. Dawkins (OFF MIKE): That's right, it is... Mayor Suarez: The amphitheater, we have 180 days a year available for community matters so you may need to have a non-profit, non -denominational entity that actually holds this over there so you don't have one that has a religious character, but the amphitheater would be available if you have that big a gathering. Mr. Curry: Our main objective is to bring the entire community, whether religious... Mayor Suarez: Well, you can't put everybody in there... Mr. Curry: Well, I mean... Mayor Suarez: ... but you can put about 10,000 and a few more... Mr. Curry: But that would look like almost the entire community. Mayor Suarez: That might be a very good idea. Mr. Curry: Yes, we want to do that. Mayor Suarez: I'll entertain a motion to that effect. Mr. De Yurre: Move it. Mr. Dawkins: Second. Mr. Plummer: What is the motion? Mayor Suarez: That we support in principle the concept and instruct the Manager to work with them once they've ascertained what size facility they're going to need. Mr. Dawkins: And, if need be, let them have the amphitheater as one of our free dates. Mayor Suarez: Understand, yes, at that the amphitheater we have 30 days reserved for us and another 150, I believe, for public use, community use. So moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 88-442 A MOTION EXPRESSING THE COMMISSION'S SUPPORT, IN PRINCIPLE, OF THE MIAMI CHRISTIAN IMPROVEMENT ASSOCIATIONS' CONCEPT OF AN EVENT (SOLIDARITY WEEKEND), IN SUPPORT OF DADE COUNTY LAW ENFORCEMENT, SCHEDULED FOR JUNE 3-5, 1988; FURTHER REQUESTING THE CITY MANAGER TO ASSIST SAID GROUP IN IDENTIFYING AVAILABLE ALLOCATION, AT MINIMAL OR NO RENTAL FEE, TO HOLD THEIR EVENT, ONCE SAID GROUP DETERMINES WHAT SIZE FACILITY IS NEEDED. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: 133 May 12, 1988 ASS: Whthiseioner Vietbr De Vurre Cothlnieeibner Miller J, Dawkins Commissioner 1, L, Plumer, It, Vice Mayor Rosario Kennedy Mayor Xavier L. Suaret RMS: None, ABSENT: dons, Mayor Suarez: Thank you. Mr. Curry: Thank you very much. ii—i----------i—ii--------YLf�ai�r 38. GRANT CARNIVAL DEVELOPMENT COMMITTEE STREET CLOSURE FOR COLUMBUS DAY PARADE (SEE LABEL 58). Mr. Plummer: Mr. Benjamin naked that 56 be taken out, it's non controversial, Mr. Mayor... Mr. Dawkins: Fifty-six. Mr. Plummer: ... it's just ,a street closure. No, a street closure and funding? }. Mr. Dawkins: Yes. Mr. Plummery It is controversial. Mr. Don Benjamin: No funding: Mayor Suarez: No funding? Mr. Benjamin: No funding. Mr. Plummer: Carnival Development Committee. Mayor Suarez: I'll entertain a motion on the street closure. with the understanding that there won't be any requests for funding: Mr. Plummer: So move. Mr. De Yurre: Second. Mayor Suarez: Moved and seconded. Any discussion? Call ,the. roll. Mrs. Kennedy: Under discussion, just be aware that Item 57 'is another different thing for the same date but = yes. Mr. Plummer: October 8 and 9. Mayor Suarez: Call the roll, please. _ Mr. Benjamin: October 9th. :i 134 May i2, 088 The I6II6wing tn6ti6n Wae ifitf6dueed by Commissioner be Yuete, who fn6ved its ad6pti6he MOTION NO. 88-443 A MOTION GRANTING REQUEST MADE BY REPRESENTATIVES OF CARNIVAL DEVELOPMENT COMMITTEE TO CLOSE CERTAIN STREETS IN CONNECTION WITH ITS SECOND ANNUAL COLUMBUS DAY PARADE SCHEDULED FOR OCTOBER 8 AND 9, 1988. (NOTE: THIS MOTION WAS LATER AMENDED BY M-88-459, GIVING THE WEST INDIAN AMERICAN DAY CARNIVAL PERMISSION TO CLOSE THE SAME STREETS ON OCTOBER 9, 1988; THEREBY MODIFYING ABOVE MOTION BY DENYING CARNIVAL DEVELOPMENT COMMITTEE'S REQUEST FOR OCTOBER 9, 1988.) 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. COMMENTS DURING ROLL CALL: Mr. Plummer: October 8th and 9th, Rosario. ----------------- ------------------------------ ------------------------------- 39. BEGIN LAND ACQUISITION BY CONDEMNATION PROCEDURES IN CONNECTION WITH LAWRENCE WATERWAY CANAL (SEE LABEL 36). Mayor Suarez: Have you got a figure? Mr. Don Cather: Yes, sir, the estimated cost is 1.2 million dollars. Mr. Dawkins (OFF MIKE): What item are we on, Mr. Mayor? Mayor Suarez: Item 41. One point 2 million dollars to come from the bond issue of when? Mr. Cather: Some of the money was set aside before we ran out of money on the highways and part of it's coming out of sewer project, the water work will come out... Mayor Suarez: You can use combined bonds? Mr. Cather: Combined, yes. Mayor Suarez: But we've got them, obviously. Mr. Cather: Yes. Mr. Plummer (OFF MIKE): Yes, he said that $225,000 with revenue... $220,000 with revenue as opposed to three twenty-five was expenses. What? Last year. Mr. Cather: Part of it, of course, will be a special assessment. Mayor Suarez: We get back about what, 25-30 percent? Mr. Cather: Twenty-five to thirty percent, but we have to make special arrangements in here because some of this bulkheading will be on City property because we own the out lots. 135 Et', May 12, 1988 Mayor Suarez: go it may be less. Mr, Cather: Yes, the assessment will be less, yes. Mr, Plummer: Let me ask you, what do these improvements intend to do? Mr. Cather: As you recall, Commissioner, the Department of Public Works recommended that this waterway be filled in and a large culvert substituted and a park made on top of it. The neighbors did not like that idea and the Commission voted in favor of improving the seawall cleaning up the edge and improving the highway on each side. And that is what we've made our estimate on, Mr. Plummer: And where is the money coming from? Mr. Cather: From what's left of the highway bond funds. Mr. Plummer (OFF MIKE): Oh. hey, you know how many problems like that we've got? Mayor Suarez: Make sure you deduct the $200 that the offerers going to contribute from the 1.2 million; make it 1.198, 1.1999 - oh, eight hundred. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Thank you. From 1.2 million, it's one million, one hundred ninety-nine thousand, eight hundred. You got different math out there in Borinquen land, or what? Anything on this item? Commissioner. I'll entertain a motion on 40. Mr. Cather: Forty-one. Mayor Suarez: And for... 41, really. Mr. Plummer: How much is left in that fund? Mayor Suarez (OFF MIKE): Yes, it's a mess. Mr. Cather: It's all used up, it's all been appropriated. There's practically nothing left. Mr. Plummer: In your estimation, this is a high priority which will completely deplete your fund? Mr. Cather: I think we have to look at improving this bulkhead because it's collapsing in areas and it's creating a hazard and we either have to either make it into a culvert or make these improvements in bulkheading, one of the two. Mr. Plummer: How much would it cost to fill it in? Mr. Cather: I don't have comparative costs, but it would be less, let me tell you that. Mayor Suarez: Why don't you make a motion that... Mr. Plummer: My concern is safety, OK? Now, that canal, as far as I'm concerned, is not a negotiable canal, it's not used for any kind of a situation with boats. You know, it's just a trap. What the hell do we want to take and enhance the thing - this gentleman talks about one child's life. Well, if the canal's not there, the chance of losing a life is nil. Mr. Robert Hughes: If I might interject, I think by filling it in - we've discussed this with the Mayor before. You're talking about filling it in and making a mini park type situation. Mr. Plummer: Hey, one thing the City right now has is 109 parks of which about only 30 of them are worth a damn, the rest of them they ought to sell. Mr, Hughes: But if you fill this in, you're inviting an undesirable element to take up homestead there and you have small children in the neighborhood, now then, you might be risking more than one or two lives. P 136 May 12, 1988 a Mr. %lumber: i don't understand inviting an undebirable alatteht to live there. Mr. Hughes: The element is already there. Mr. Plummer: Well, the elements all over town. Mr. Hughes: Not to mention the fact I've heard other people talk about the beauty of the City of Miami, and this being two blocks from the Orange Bowl, which is a main attraction for the City, I think all the beautification you can put into that area just promotes tourism, the well being of the City. Mr. Plummer: My concern, as I said, first and foremost is safety. With that water not being there, that problem is absolutely taken care of, OK? Second of all, here we are with a bond issue that's just been turned down by the voters, and this is the last remaining money for any emergencies that might be able to be created in that fund. Now, I mean, are you talking about to fill it in, maybe $200,000 as opposed to a million, two to improve it? I think this Commission needs some comparable figures. Mr. Hughes: There's an outlet there and there's also a water pumping station there, Mr. Plummer, that flows an outflow into the Miami River, and if you're talking about filling that in, you're going to have to put in a viaduct to carry that water off. That's going to run more than 1.2 million, I would believe. Mr. De Yurre: Mr. Mayor, I think that, you know, we should do is... Mayor Suarez: Commissioner. Mr. De Yurre: ... defer this item until we get like J.L. says, get some figures what it would cost to fill it in. Mayor Suarez: I'll entertain a motion that will do the following, precisely what the Commissioner's saying, with the understanding that we want you to leave knowing that we're going to act on this and it's just a matter of choosing one of the two alternatives, so in principle, we want to spend as little.... Mr. Hughes: If I might ask, if you fill it in it's useless land, what do you do with it? Mayor Suarez: Well, but Commission... Mr. Hughes: You have an expanse there. Mayor Suarez: ... wants to know about that alternative. Mr. Plummer: How wide is it? Mr. Hughes: You're talking about 20 feet... Mr. De Yurre (OFF MIKE): Get a special taxing district. Mr. Hughes: ... that goes nowhere. Mr. Plummer: Is it 20 feet? Mr. Hughes: It's 20 feet across. Mr. Plummer: Make it a walkway between there and the river. Mr. Hughes: Under the expressway? Mr. Plummer: Whatever. Mr. Hughes: A walk... and what purpose does that serve? Then you've got about 45 or 50 feet at the canal basin. Mr. Plummer: I guess the main purpose that it serves is saving about half a million dollars, 137 May 12, 1988 mi Mr. Hughes: Well, you have an outflow* like I say, ftom a puthpitig station. Now, what are you going to do with that watarl Mr. Plummer: He said that could be taken care of with a Culvert. Mr, Hughes: A culvert and by the time you put that culvert in and rover it over, you're still talking 1.2 million dollars. Mr. Plummer: He says not. Mr. Hughes: Get your estimates, 1 think you'll find I'm right. Mayor Suarez: OK, we're going to have to do that. Mr. Plummer: That's why I'm asking. Mayor Suarez: OK, we're going to have to do that. We're going to have to do that. He's going to have to look at it further but I would like to have a motion that, in principle, approves that we expand or that we improve that area as recommended by staff and will have to be approved by the Commission. Mrs. Kennedy: And start condemnation procedures to acquire the bay bottom land. I so move it. Mr. Plummer (OFF MIKE): That's already been done, really. We give the guy $200 for being a smart guy and outbidding us so... Mayor Suarez: May as well - in either event we need that so... we have it in the form of a motion, Commissioner De Yurre? Mrs. Kennedy: Move it. Mr. De Yurre: Well, no, I... Mr. Plummer: You mean on 40? Mrs. Kennedy (OFF MIKE): I moved it. Mr. De Yurre: What are we going to be purchasing then? Mr. Plummer: $1,400 and we acquire... Mr. Hughes: The bottom of the canal. Mayor Suarez (OFF MIKE): Fourteen hundred dollars, yes, we've been negotiating with the guy. Mr. De Yurre: $1400. OK. Mayor Suarez: OK, with that included, we have a motion and you second it? Mr. De Yurre: OK, I'll second it. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-444 !. A MOTION EXPRESSING THE COMMISSION'S SUPPORT IN PRINCIPLE OF PROPOSED IMPROVEMENTS FOR LAWRENCE WATERWAY CANAL; FURTHER AUTHORIZING AND DIRECTING THE ADMINISTRATION TO BEGIN LAND ACQUISITION BY i CONDEMNATION PROCEDURES IN CONNECTION WITH THE ff LAWRENCE WATERWAY CANAL, AND BRING BACK SAID ISSUE AT 1 THE NEXT COMMISSION MEETING FOR A FINAL DETERMINATION. ' Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: 138 May 12, 1988 AM., Commissioher Victor be Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOBS: None. A139ENT6 None. Mayor Suarez: The very next Commission meeting, we will take final action on this so it will be a total of two meetings, but it's better that than not taking any action today at all. And you get a sense of how the Commission wants to go on it at least. And the fact that we do give it a high priority. Mr. Hughes: OK, thank you, Mr. Mayor. Mrs. Kennedy: Done 43. 40. ACCEPT COMPLETED WORK OF MIRI CONSTRUCTION, INC. FOR BUENA VISTA HIGHWAY IMPROVEMENT - PHASE II. ------------------------------------------------------------------------------ Mayor Suarez: Forty-four then. Mr. Don Cather: This is a resolution to accept the final payment for the completed work by Miri Construction Company. Total cost of the contract was $549,000 for the Buena Vista highway improvement phase II, bid A. The final payment is $15,000. The work has been completed and is satisfactory. Mayor Suarez: I'll entertain a motion on 44. Mrs. Kennedy: Move it. Mayor Suarez: 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. 88-445 A RESOLUTION ACCEPTING THE COMPLETED WORK OF MIRI CONSTRUCTION, INC. AT A TOTAL COST OF $549,067.68 FOR BUENA VISTA HIGHWAY IMPROVEMENT - PHASE II (BID "A") C.I.P. PROJECT NO. 341108 AND AUTHORIZING A FINAL PAYMENT OF $15,257.30 (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. ■1 11 139 May 12, 1988 i-------------=--------------_- 41. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED SETTLEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CLARIFYING THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDERS (SEE LABEL 43). ---------•---------------- --------------- ii------------ ----i--r--i--- ------ Mr. Dawkins (OFF MIKE): Move 45. Mayor Suarez: Which is -the one that's Overtown Park/West of 45 and 461 OK, 45's been moved. Do we have a second? Mr. Plummer: Hold up on that for a few moments, please, On 45, go on and come back to it. Mayor Suarez: OK, hold 46 until - they wanted to be heard at 6:00 o'clock on that? Mr. Sergio Rodriguez (OFF MIKE): No. Mayor Suarez: Didn't they tell you that Tom Post wanted to be heard on that? Mr. Rodriguez (OFF MIKE): Nobody told me. No, they didn't tell me. Mayor Suarez: Well, he told me. Is there anyone here on 45, 46? Mr. Plummer: 45, 46 is what I'm asking to be held for a few moments. Mayor Suarez: Right. Mr. John Pierson: Mr. Mayor, members of the Commission, my name is John Pierson, have an office at 801 Brickell Avenue, I'm a representative of the Chamber of Commerce here to ask you to enter into the settlement agreement on the downtown DRI. We've all been sitting around quite a while waiting... Mayor Suarez: No, Commissioner's wanting to look at item 45, which is downtown DRI. Mr. Pierson: Oh, I'm sorry, I thought we were waiting for Mr. Post. Mayor Suarez: No, 46 is what he wanted to... Mr. Plummer: No, I asked that it be hold up for a minute. Mr. Pierson (OFF MIKE): Oh, I'm sorry, sir. Mr. Plummer: Go ahead to 47. ------------------------------------------------------------------------------ 42. CONTINUE PROPOSED ISSUANCE OF A REQUEST FOR PROPOSALS FOR DEVELOPMENT OF PROPERTY AT 1145 N.W. 11 STREET (MUNICIPAL JUSTICE BUILDING) UNTIL THE ZONING RECLASSIFICATION OF THIS SITE IS SCHEDULED TO COME BEFORE THE COMMISSION. '.-------------------------------------------------------------------------- -- 0 Mayor Suarez: Forty-seven. Mr. John Gilchrist: OK, this was a request at the last City Commission Meeting to establish a public hearing on an RFP for the development of the Municipal Justice site. After that time, there was a planning and zoning commission meeting where the issue came up and the administration was 1 instructed to change the zoning on there although we had already set the public hearing. So we were going to ask today that since this is a public hearing that we continue this public hearing until the zoning issue comes up. So it was that simple. Mayor Suarez: I'll entertain a motion to that effect. Mrs. Kennedy: Move it. 140 May 12, 1988 "' Mayor Suarez: Moved. Seconded, Commissioner Plummer. Mr. Plummer: Well, let me just state for the record, I'm hot going to vote here for any issuance of an RFP that 1 haven't seen. Mr. Gilchrist (OFF MIKE): Well, the RFP was in your package, sir. Mr. Plummer: The one now present? Mr. Gilchrist (OFF MIKE): Yes. Mr. Plummer: The modified one. Mr. Gilchrist: Well, we were instructed to come with an RFP which would be modified if the zoning is changed, so what we're asking is for a continuance and we would come back with an RFP respecting the zoning change. We delivered the RFP as instructed by the earlier Commission meeting on Friday, but, as we were instructed by the Commission. In the meanwhile, the Commission had a planning and zoning Commission meeting and instructed the staff at that meeting to go back and change the zoning so we're asking simply to... Mr. Plummer: Is that in the process now? Mr. Gilchrist: It's in the process, sir. Mr. Plummer: OK. Mr. Gilchrist: And if there are - I would suggest is there anyone from that area that want to speak you may want to hear from them because there are people who responded to that public hearing. However, what we're asking is for a continuance until we get a determination from the Commission. Mayor Suarez: Yes, that's what I want to ask her, if she has any problem with that because you see what we're trying to do is complete both processes at the same time so that they're in conjunction with one another. Yes. Ms. Patricia E. Stoker (OFF MIKE): Exactly, Mr. Mayor, what I'd like to call to your attention... Mr. Gilchrist (OFF MIKE): Identify yourself. Mayor Suarez: Get close to the mike. Ms. Stoker: My name is Patricia E. Stoker, I live at 804 N.W. 7th Street Road, Miami, Florida. I'm a resident of the area known as Spring Garden. If Commissioner Dawkins and Commissioner Plummer might have remembered that we had been speaking and you had petitions from the neighbors with regards to the placement of a grocery or shopping center type facility there. I was kind enough to receive from your office on item 47 and kind enough to see my name on this committee here that I was very surprised, but, at any rate, I notice that it's no indication here, it's hotel, office building, there's no indication here about grocery. I'm not very well up on zoning so... Mayor Suarez: Do you want to answer that, John? Mr. Gilchrist: No, I'm sorry, I had recommended Pat to be on our committee but we were not moving forward so I hadn't even contacted her on that. However, what we recommended was office and/or hotel with commercial entirely on the first level. Now, if we're instructed to come back and eliminate hotel and office and have only shopping center, that has to come through this process. It's our belief to make a viable development on that valuable site. We need a combination, that's all. Mrs. Kennedy: Well, would the site support what the residents want on it? A small grocery store or combined, perhaps, with a hotel. Mr. Rodriguez: If I may remind you, you gave us instructions last time to come back on June 23rd with a menu of possible alternatives that we will use in coming back eventually to you for change in zoning and amendment to the comprehensive plan. f 141 May 12, 1988 �1 Mr. be Yurre: What I'd like to have when you come back is some comparable§ a§ to what we can get out of money wise, economically, under the different situations. I think we have to take that into consideration also. Mr. Gilchrist: Commissioner, we would do that, we'd come back with an analysis of what the different kinds of development would generate as a return to the City and what it would do for the community: That's our intent: Mrs. Kennedy: When will you be coming back to us? Mr. Gilchrist: Well, you ordered us to coma back on .dune the 26th. Mrs. Kennedy: June 26th. Mr. Gilchrist: 23rd, I'm sorry, not the 6th Commission meeting but... Mrs. Kennedy: 23rd..6 Mayor Suarez: it's always going to be a bit of a guess what return we might get on either alternative, but at least... Mr. Gilchrist: Yes, but I need to do that analysis with the kind of developers who would do a strip shopping center with a supermarket in it, you know, and I have not done that to date, sir. Mr. Plummer: Has there been appraisal done? Mr. Gilchrist: It's in the process, sir, we don't have them in hand. Mr. Plummer: Well, the reason I'm asking, if you're changing the zoning... Mr. Gilchrist: Yes, sir, we would have to... Mr. Plummer: ... it's going to definitely change the appraisal. Mr. Gilchrist: Right, and we'd have to change the instructions to the appraiser. Mr. Plummer: Well, but why are you - if we're going to be more liberal, that's going to be worth more money. Mr. Gilchrist: Yes, sir. Mr. Plummer: So why are you even doing an appraisal at this time at all? Mr. Gilchrist: I'm not, the property and lease manager was ordered to do an appraisal for the sale of the property. The appraisers are onboard but we do i not have the final thing delivered. We're waiting to see what the instructions to him will be. Mr. Plummer: So they've not started? Mr. Gilchrist: They may have done some groundwork, OK, I'm not aware that it exists. Essentially, they haven't started, yes. Mayor Suarez: I'll entertain a motion to continue that item which was... Mr. Plummer: Forty-seven. Mayor Suarez: Forty-seven. Mrs. Kennedy: Move it. r Mayor Suarez: Moved. Mr. De Yurre: Second. Mayor Suarez: Seconded. Any discussion? Call the roll, Mayor Suarez: You're going to have many shots, many bites at this apple now obviously with this procedure we're taking. 142 May 12, 1988 1g;, The following fnoti6h was ihtrodueed by Commissioner Kehhedy, who moved its adoption: MOTION NO. 88-446 A MOTION TO CONTINUE PROPOSED ISSUANCE OF A REQUEST FOR PROPOSALS FOR A UNIFIED DEVELOPMENT PROJECT FOR THE DEVELOPMENT OF PROPERTY LOCATED AT 1145. N.W. 11 STREET (MUNICIPAL JUSTICE BUILDING PROPERTY) UNTIL THE ZONING RECLASSIFICATION OF THIS SITE IS SCHEDULED TO COME BACK TO THE CITY COMMISSION. Upon being seconded by Commissioner be 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. 43. SETTLEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CLARIFYING THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDERS (SEE LABEL 41). Mayor Suarez: Item 45, Commissioner Plummer. Richard, is that the one you were here on? Is anyone here on 46, because I thought they had asked... Mr. Plummer: They're basically in companion. Mayor Suarez: OK. Well, but no, he had some different remarks on 46. OK, item 45. Mr. Sergio Rodriguez: Item 45 - basically is to approve the City Manager to execute a stipulation or settlement with the department of community affairs on the appeal they had and were downtown DRI, development order. If you remember, on December of '87, you approved the master on increment one development order for downtown. Subsequent to that, it was approved by the regional planning council and then there was a decision by the department of community affairs to appeal your development order. Basically, we have been negotiating with the department of community affairs for the last three or four months. Mayor Suarez: You need our approval to settle. Mr. Rodriguez: We need your approval to settle. If we settle this way and we believe the settlement terms are very favorable to the City, we will eliminate the delays of going to a hearing examiner and going to that would basically delay the process for six to nine months. The most important difference that we have with DCA was in the definition they have of development that includes demolition and includes changes of the frontage of the building and replacement of existing structures and so on and our definition of development is basically deals with net new development. Other than that, we have to clarify some of the language... Mr. Plummer: Wait a minute, let's speak to that one issue. Mr. Rodriguez: Yes, sir. Mr. Plummer: Will that have any bearing or any impact on our impact fees? Mr. Rodriguez: They have any variance on impact fees. No. M M 143 May 12, 1988 %, 0 M, Mrs. Kennedy: `thy not? Mr. Plummer: OK, well, you know... Mr. Rodriguez: What do you mean? Mr. Plummer: ... you're using a calculation one time to your advantage. Are developers going to propose that that same formula be applied to impact fees which would be greatly to our disadvantage. Mr. Rodriguez: Let me clarify this. We're going to come back to you with development orders fees for downtown that deal with faulty regional impacts and all the mitigation impacts that we have to get developers to pay for. That's one kind of a fee and that will recover the expenses of all of these that we have been doing for two years. In addition to that, you have the impact fee for a street im... for City impacts fees that you approved recently and they are separate and distinct. Mr. Plummer: OK. Mrs. Kennedy: Sergio, let me ask you something. Here it reads, the City agrees to report to DCA any small developments involving new construction under 10,000 square feet in floor area. If you have a 100,000 building and you replace it with a building with 110,000, then you're just going to do the 10,000. Mayor Suarez: If the incremental, yes, if the incremental amount is ten thousand. Mrs. Kennedy: Right? Is that... Mr. Rodriguez: Let me clarify what happened. Any development under 10,000, we will report it to them and cumulative we keep track of that and eventually, if we hit a point in which we have what is caused substantial deviation, we have to start a procedure that we'll otherwise have to follow anyhow. The important thing on this is, the developments under 10,000 the planning director has the option of not considering as part of the total bank of development credits that we have. And in the case that you mentioned, if you substitute a building of 100,000 square feet by one of 110,000, only the additional 10,000 counts against that development bank that we have created through the calculations that we have and the improvements that we will create. Mayor Suarez: OK, then on item 45 then, I'll entertain a motion. Mrs. Kennedy: I think this is extremely important and I move it. Mayor Suarez: Moved. Do we have a second? Mr. Plummer: Second. Mayor Suarez: Seconded. Any further discussion? Call the roll on 45. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-447 A RESOLUTION AGREEING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A STIPULATION OF SETTLEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS MCA-), THEREBY CLARIFYING THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDERS (RESOLUTIONS NO. 87-1148 AND 87-1149) AND ACCEPTING CONDITIONS; THUS, SETTLING THE DCA'S APPEAL TO SAID DEVELOPMENT ORDERS, SUBJECT TO APPROVAL BY THE FLORIDA LAND AND WATER ADJUDICATORY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 144 May 12, 1988 Upon being seconded by Commitgiohet Plufnmer, the resolutibh Whb passed and adopted by the following Vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, it. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES. None. ABSENT: None. Ir-------------------- .--------�! War--------- -----hilt —Ir--��i 44. MANAGER TO STUDY POSSIBILITY OF CITY OPERATING FULL SERVICE BOATYARD FACILITY ON PROPERTY AT 2640 SOUTH BAYSHORE DRIVE (CURRENTLY MERRILL STEVENS). Mayor Suarez: Item 48. Mr. Plummer (OFF MIKE): Where's the Manager? Mr. Odio. Mayor Suarez: Your recommendation, Stuart, is contained in the correspondence you sent us? Mr. Stuart Sorg: Yes, sir, we felt that the minimum of the $200,000 a year put the property in a position where there would be more potential bidders and it would probably keep Merrill -Stevens as its player. Mayor Suarez: $200,000 in income to the City? Mr. Sorg: Right, as a minimum bid, we felt the Merrill -Stevens would stay in as a bidder, also... Mayor Suarez: Before it had been what, three sixty? Mr. Sorg: Three fifty. Mr. Plummer: Are you aware of the fair return to the City law as it relates to waterfront property? Mr. Sorg (OFF MIKE): No, sir, I'm not. Mr. Plummer: Well, it says that you must get a fair return for any waterfront property, that's a charter amendment. I think that three fifty was based on the value of the land. Mr. Sorg: And also eliminated so many bidders and we felt more bidders would be much more valuable on a percentage basis of income. Mr. Plummer: Charter amendment takes precedence. Mr. Sorg: I also state that we felt that the bulkhead, which is deteriorated for the last twenty years, needs some City of Miami consideration as far as who ever becomes the tenant because it's not the responsibility of Merrill - Stevens; that it wasn't in that contract to keep the City property up. It was the City of Miami's responsibility. Mayor Suarez: Yes, at this point it's the responsibility of who ever gets the lease. It's not anyone... and let me ask a question, you also were proposing a different... Mr. Sorg: Formula... Mayor Suarez; ... schedule, right, or formula of amounts that they would have to invest on a yearly basis, You say what, initially one once... Mr. Sorg; A million five for ten years. Two million for fifteen, three for twenty and four million five till 2012. 145 May 12, 1988 AIN Mayor guaret: And is that less thah what had been proposed before? Mr. Sorg: A little bit of in moderatioh, very close though. Mayor Suarez: Thank you for your report. Do we hear from staff? Mr. Rodriguez: Yes, Mr. Gilchrist. Mr. John Gilchrist: Yes, sir, essentially, I think what is incorporated into the Waterfront Board's recommendation would allow for, excuse me, allow for additional proposers who are in the boatyard business to propose. It was our recommendation to free up the, what I would call, the four issues that made it almost an onerous process the last time to make a profitable... Mayor Suarez: Which were? Mr. Gilchrist: ... business out of it. That was that we set a minimum guaranteed rent and that we sought... Mayor Suarez: Now, in view of what Commissioner Plummer was just saying the charter amendment, can we actually change that minimum guaranteed rent? Mr. Gilchrist: What my belief is and I would ask Lucia to respond to that too is that we came about. seeking the minimum guaranteed rent through a charter amendment. which required that either we had bidders or... Mayor Suarez: Is it either... Mr. Gilchrist: ... we met the minimum guarantee. If we... Mayor Suarez: Is it either/or, I always forget? Mr. Gilchrist: No, but the charter was amended again before Commissioner Carollo left, he made that proposal and that passed and it simply said you have to have three proposers. If you don't you have to go back and it did not... Mr. Plummer: What about the fair return? Mr. Gilchrist: It did not address about the fair return and I would like... Mayor Suarez: Madam City Attorney, is that correct now, is that the status? Mr. Gilchrist: .. Madam City Attorney to respond to that. Mrs. Dougherty: No, you do have to have a fair return. Mr. Plummer: Sure. Mrs. Dougherty: You do have to have a fair return. Mayor Suarez: Yes, but is it both conditions or is it if you don't have... Mr. Plummer (OFF MIKE): One doesn't relate to the other. One is the bidding, how many bidders, the other is a fair return to the City by any of the bidders. Mr. Gilchrist: But, sir... Mayor Suarez: No, but you have to fulfill both, I believe. Mr. Plummer: Oh yes. Mayor Suarez: Yes, but what I always forget is if you have the required number of bidders, and don't have the appraised - the fair return, I don't... Mr. Plummer: Then you got no bidders. Mayor Suarez: I don't remember. Mr. Gilchrist; I think those two issues are separate two issues... 146 May 12, 1988 'y ;J Mr. Pluroter (6rt MIRE): they are. Mr. Gilchrist: .,, you either have three bidders and - or if you don't you go to the vote and it has nothing to do with the fair market return, Mayor Suarez: That's why i thought if you satisfied one of the twos you're OK. Mrs. Kennedy: Because if you don't have the fair return, then you don't have the bidders. Mr. Gilchrist: Vhat i... Mayor Suarez: You may have a lot of bidders if you don't ask for a fair return, i... Mr. Gilchrist: I know, but does the fair return have to come out of a minimum guarantee or... Mayor Suarez: You're saying you're not sure what the... Mr. Gilchrist: ... a guarantee plus a percentage, plus a capital investment. Mrs. Kennedy (OFF MIKE): Nobody's sure today of anything. Mr. Gilchrist: And lastly, I think the term... Mayor Suarez: OK, that was number one that we got all confused about. What was number two? Mr. Gilchrist: No, I think there are four issues. One is the... Mayor Suarez: OK, well, what's number two, I'm sorry. Mr. Gilchrist: ... minimum guarantee return... Mayor Suarez: Right. Mr. Gilchrist: A percentage of gross and a combination of those. Mayor Suarez: iou're not changing that? Mr. Gilchrist: No, what I'm saying is if we were to free up that a bidder could make a combination of me minimum guarantee return, a percentage of gross and a capital investment and a term. Then we could evaluate which are the best of the proposals with those :cur combinations. Mayor Suarez: Yes, but just don't get too comp!.icated on the formula because we have to deal with the constitutional provision too, charter provision. Mrs. Dougherty: The charter talks about a guaranteed ret'srn under the proposal whose acceptance is being considered as equal to the fair market value. Mr. Plummer (OFF MIKE): There you go. Mayor Suarez: That's it? There no issue of how many bidders? Mrs. Dougherty: Yes, there has to be three bidders, otherwise you go to t referendum. z:. Mr. Gilchrist: Has to be three bidders on a... Mayor Suarez: So both conditions have to be met, otherwise, if either one is not met, you go to a vote? z Mrs. Dougherty: Yes. Mayor Suarez: OK. Mr. Gilchrist: And I think that... 147 U Mayor guaret: Now, are you saying that by bringing in a capital ihvestfnent and a percehtage of gross, that you may be able to make lass onerous the requirement that still meets with the charter:.. Mr. Gilchrist: Yes, that's what I was trying to get at and I think the Vaterfront board was trying to say the sar:e thing in there. Mayor Suarez: I guess we never took into account the capital improvements as Pitt of the return, did we? Mr. Gilchrist: It seems to me that that's a major issue, we're asking for a minimum of a million and a half... Mayor Suarez: That's what I'm saying, I mean, we never... Mr. Gilchrist: ... and it could be, you know, way up. Mayor Suarez: Right. Madam City Attorney, how would you look at that? I mean, if we said to meet the requirement of fair return, you could include some portion of the capital investment that they have to make. Mrs. Dougherty: I think you could but I think that's really up to the accounting firm to make that determination for us. Mayor Suarez: To the accounting firms? Mr. Gilchrist: The accounting firm... well, we have, you know, we're required to have an accounting firm do an evaluation... Mayor Suarez: What does an accounting firm have to do with... Mr. Gilchrist: No - evaluate the proposals. Mayor Suarez: ... policy decision as to what that charter means... Mrs. Dougherty: No, they're going to. determine what fair market value is. And they can include that. I would think that that could be included. Mr. Gilchrist: See, what Lucia is saying is, we would instruct the CPA firm to evaluate the proposals as to whether they are fair market return looking at all of those issues. And they would have to do a sensitivity study to bring apples to apples to apples... Mayor Suarez: I would think no accounting firm would want to be placed in a position of having to determine that for themselves. I mean, that's a policy question. Mr. Plummer: Let me ask a question. a return to the City? Mr. Gilchrist: Well, there's a city... How do you take capital improvements as Mayor Suarez: They're improving the property. Mr. Plummer: Yes, but they're having also a 15 years lease which will amortize them out over the 15 years. That's no return to the City. Mr. Gilchrist: I said, you have to look at term, capital investment, percentage of gross, and minimum guarantee. And if you take those four items together... Mr. Plummer: Fine, but not capital improvements.E Mayor Suarez: Yes, they're leaving a capital improvement on that property after fifty... Mr. Plummer• Mayor Suarez; it on there. amendment. That's already been amortized out,: Amortized for accounting purposes, but, I mean, they're leaving They're improving the property, that can be considered into that 148 Mr. PluinKmer: Well, I guess it would depend on what capital improvements you're talking about. Mayor Suarez: Well, also, the law says a fair return, if we're getting a fair return in the sense that the property is being used in a better way and more attractive to other people that go by there and so on, that presumably Could be included. Anyhow, what's the rest of the formula? Mr. Gilchrist: All right, the reason I'm suggesting this is that people who are in the boatyard.business have indicated to me that they would bid on that kind of a formula. Now... Mayor Suarez: Right, if you make it less onerous, by whatever... Mr. Gilchrist: And it doesn't mean m I believe that the Dinner May Boatyard would come back with the bid they had so you would still have that... Mayor Suarez: What we want to do is make sure that by getting more bids, we don't end up without a fair return in which case we still have to go to a referendum, John. Mr. Gilchrist: If a proposal does not meet the fair return, then they reject it. So, I mean, you make that determination... Mayor Suarez: So, by including certain things that might make it less onerous, you have more bidders but you might run afoul of the provision that requires a fair return. What are the other factors? Mr. Gilchrist: Well, those four were the only ones I was talking about, those four factors. Mayor Suarez: That's it. Mr. Plummer: Wait a minute. Can I ask a question? Where is Cesar Odio? UNIDENTIFIED SPEAKER (OFF MIKE): He's right there. Mr. Rodriguez (OFF MIKE): He's just ... Mrs. Kennedy (OFF MIKE): Where the air condition is. Mr. Plummer: I was told that he went to the mens' room and it's now been over twenty minutes. UNIDENTIFIED SPEAKER (OFF MIKE): Whole bunch of men there. Mr. Plummer: Sir, I think you are my City Manager, this is an important item and I'm questioning why you're not here. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: That's fine. Now, I would like the Manager to sit in on this. Mr. Gilchrist (OFF MIKE): What we were talking about, yes. Mr. Plummer: Probably the most important issue we're talking to of the day. Mr. Odio (OFF MIKE): I'm sure you don't need my advice, Commissioner... Mr. Plummer; No, but if you're going to be the one that's guiding the ship, I think you should be sitting in on these... is INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD, Mr. Plummer: That's fine. So where are we? Mr. Gilchrist; We have discussed - the Waterfront Board has presented this i and I have been talking about... i Mr, Plummer: And the basic conversation has been about on the fair return,. They're talking about using capital improvements as part of the fair return. I disagree. 149 May 12l 1988 Mr. Gilchrist: What I said, Cesar, to remind you, was I said that you could look at the minimum guarantee, the percentage of gtoss, the terra of the agreement and the capital improvements to analyze whether we have, as a total, gotten the fair market value from it and if we had that flexibility and then we would get the bidders. Mr. Odio: What I'm about to say is that the waterfront says that we should have a minimum rent of $200,000 a year, for instance. And we had an offer of $350,0004 Why take two hundred! Mr. Plummer: Why take two hundred? You make a damn good point. Mr. Odio: OK. I believe that the only area that I really see, and I've been giving it a lot of thought lately on what I would do different on this RFP is the terms, on the terms. That to give them more years - to extend the years to... Mr. Gilchrist: They wanted to extend the years to 2035 and parallel the... Mr. Odio: I have no problem with that, that's the only area that I think we can do. Mr. Plummer: What is the present term? Mr. Odio: 2012. Mr. Gilchrist: What we had recommended in the RFP was two twelve, 2012. And that coincided with Chart House and Spencer Meredith's lease termination. Mr. Odio: I've been told and, you know, I've been talking to a lot of people about this that if we lowered the terms and the conditions, then we get a lot of bidders. But I don't know if we want that many bidders under those conditions. We had one bidder that was giving us a good deal and I think the only modification that I would look at would be on the terms, extend the year. Mr. Plummer: Well, let me tell you, and I'll go on record right now, absolutely no way would I ever vote for anything for 12 and a half acres of waterfront property for less than $350,000 minimum guarantee a year. OK? No less. Mr. Gilchrist (OFF MIKE): Certainly, I understand that, sir. Mr. Plummer: That's minimum. Mr. Odio:. That's my recommendation. Mr. Plummer: I mean, I cannot believe that anybody would consider an insult to this Commission of giving us less than $350,000 minimum. Mayor Suarez: What was the payment last year that we got in rent? Mr. Plummer: A hundred and twenty nine. Mayor Suarez: And you would contemplate not considering anything less than three hundred and fifty which is three times that amount, plus improvements, when we've been trying to get something done in this site now for over two years. I mean, you've got to be reasonable, you've got to get... Mr. Plummer: Mr. Mayor, twelve and a half acres of property we have had a bidder who offered three fifty, why would we take less? Mayor Suarez: We only had one bidder, therefore, had to go to a charter,.. Mr. Dawkins (OFF MIKE): But that was one bidder at three fifty. Mr. Plummer: We had two. Mr. Odio: We had two. Mayor Suarez: Right, and therefore.'.. 150 May 12, 1988: r Mr. 5awkins (Ott MIKE): any bidders at three fifty. Mr. piumer: Yes, excuse taxi John, just give the a ball park, Nobody today wants to answer questions, so bail park: Twelve and a half sores of waterfront property in a prime location, what is it worth' Mr. Gilchrist: Four million. Mr. Plummer: How much? Mr. Gilchrist: Four million: Mr. Plummer: Why did we pay a million dollars . over At million dollars an acres to FEC? Mr. Gilchrist: The reason, sir, is that we appraised that for a boatyard use and the appraisal came back for a boatyard use on a... Mr. Plummer: That is not my question. My question is... Mr. Gilchrist: OK, prime waterfront land is a million an acre, you know. Mr. Plummer: A million an acre, exactly and that would come out to how much minimum a year if you based it on ten percent? Mr. Gilchrist: A million twenty. Mr. Plummer: Shoot! Mr. Gilchrist: A million, two hundred thousand. Mr. Plummer: Are you kid... and this City's crying poor mouth, no wonder! Mr. Gilchrist: But, sir, you can't do that with a boatyard. Mrs. Kennedy: Well, I still say... Mr. Plummer: John, I did not say, do it for a boatyard, I said $350,000; a third of what you're talking about. Mayor Suarez: So do you want to put building on there? Mr. Plummer: No. Mrs. Kennedy: No, no, no, no, no. Mr. Odio: No, sir, no, no, no. Mayor Suarez: Do you want to keep it as an open park? Mr. Dawkins: Yes. Mr. Odio: Yes. Mrs. Kennedy: Absolutely, a full service boatyard and I repeat what I said... Mr. Sorg: Absolutely. Mr. Dawkins (OFF MIKE): Put the boat down, put the boat down, use open space. Mayor Suarez: OK, wait, wait, wait, but... Mrs. Kennedy: ... what I asked the... excuse me a second, what I asked the Manager when we first discussed this. Once we get Merrill -Stevens out, we clear the property, let the City run it for a while until we, with time, can see what we really - what is the best deal for the City. Mayor Suarez: But wait... but Madam Vice Mayor wait because there's a philosophical discussion going on here. If you do it as an open park, you're going to have to do some improvements, I mean just to raze the buildings and have grass and trees and all of that and then your $12,000,000 property is going to bring you a cost of maintenance of a couple hundred thousand dollars 151 May 12, 1988 i A 1W V i a year at least in accordance with our .. to, therefore, we get no $350,000 or anything less and we're paying a toupie hundred thousand. That still may be the way the Commission wants to proceed if you want a park there, if you want a boatyard there, unless we're going to do it ourselves, and it doesn't sound like we want to get involved in that, then you have to make it so we get some bidders. Otherwise, you have to go to a charter... Mr. Dawkins (OFF MIKE): We got a bidder. Mr. Plummer: What... Mayor Suarez: Right, I have fib problem going back to the same bidder but if you want it... Mr. Dawkins (OFF MIKR): ..... a bidder. Mayor Suarez: But then, we're going to have to... Mr. Gilchrist: You had a bidder but that was rejected by the electorate so you have... Mr. Plummer: No, you can't. Mayor Suarez: The electorates didn't approve it so we would have to go through the process anyhow. What you're saying is keep the same, exact requirements. Mr. Plummer: Well, wait a minute, hold on. Mayor Suarez: I have no problem with that either, but I'm trying to get a consensus of the Commission. Mr. Plummer: Mr. Mayor, you know, the bidders are no fools and they're not in this for charity. Mayor Suarez: Right. Mr. Plummer: They're in there to make a profit and profit's not a dirty word. Now, if they can make a profit, why can't we? Mrs. Kennedy: That's what I'm saying. Mr. Plummer: Now, Mr. Manager, what did this marina make last year? Mr. Odio: Well, we began to phase out about $700,000. Mr. Plummer: Made about $700,000. Mr. Odio: Yes, sir. Mr. Plummer: Uh huh. Mr. Odio: But let... we need to invest at least four and a half million dollars in this boatyard and I - you know, then you have to pay it back and I'd rather see a.. you know, we do not have people with experience - doesn't mean we couldn't do it - I could go out and hire people. I prefer to go this way, Commissioner, I really do. Mr. Plummer: Well, if they can do it, I guess the question is, why can't we? Mr. Odio: Oh, sure we can, but you have to find four and a half million dollars... Mrs. Kennedy (OFF MIKE): That's what I was saying. Mr. Plummer: Then, then if the thing doesn't work, we can always turn around and go back out to bid... Mrs. Kennedy: Right. :a Mr. Plummer: And we'll recoup our investment by the bidder who takes it over, 152 Mr. Odic: We have to sell... Mayor Suarez: Where are you going to get the money for the oapitai improvement? Mrs. Kennedy (OFF MIKE): What's what t have been saying all along. Mr. Odio: We have to tell bonds for... Mr. Plummer: Fine, fine, I'll go along with that. Mr. Sorg: Commissioner Plummer, you're looking at $3,000,000.6. Mayor Suarez: Wait, wait, wait, wait, wait.... Where are you going to get the money for the capital improvements? Mr. Plummer: I would assume out of the enterprise fund. Mr. Odio: We don't have that kind of money, we would have to sell... Mrs. Kennedy: Why are you talking about $4,000,000? Mr. Odio: Four and a half million dollars... Mrs. Kennedy: To tear down the buildings, what else? Mayor Suarez: That's what they had to put up, the private... Mr. Odio: The project that was presented to us, it would cost about four and a half million dollars of repairs overhauling that whole property. Mr. Plummer: That's if you did them all at the one time from the beginning. Mr. Odio: And to add... and compared to what Mr. Dunn proposed, we have to add profit centers. In other words, you would have to build a small cafeteria, you would have to bring the travel lifts at the docks that he has proposed. See, he proposed three additional profit centers to create more revenues. The revenues that they have now with the way it's run now, you couldn't pay four and a half million dollars. Mrs. Kennedy (OFF MIKE): But we don't have to do all of that. Mr. Plummer (OFF MIKE): Anything less than $350,000, I'm going to operate it myself. Mayor Suarez (OFF MIKE): You've got to also improve it. Mr. Plummer: Well, let me tell you where I am very simply... Mr. Dawkins: Make a motion if you want to make it simple. Mr. Plummer: ... you go in there less than $350,000 minimum return guarantee return to the City, I say we operate it ourselves. Mayor Suarez: It's not a matter of operating, it's a matter of operating and building it. Mr. Plummer: Well, but you can do it as you make money the same way we're doing it in this marina in the back. Mrs. Kennedy: That's right, you can do it in phases. Mr. Plummer: They generated the funds and now we're doing the improvements. Mayor Suarez: To remind you of the analysis you went through on the Olympia and Gusman, if you have to invest four and a half million dollars, that's costing you roughly $450,000 a year. So, on top of the three fifty that you would get, you've got to come up with another four hundred and fifty, that's $800,000 a year that it would cost the City because we would not be getting... you know... 153 May 12, 1988 Mr, PlufWart Mr. Maybr, l dbli't ifitefid to go but and borrow the moft6y. I'm going to let the revenue gefierate from the facility and spend it as we snake it, Mrs. Kefifiedyt It may not pass; but I'm going to tbake that mbtiofi. Mr. Dawkifis: What's the mbtibn, Mad&M Vice Mayor? Mrs. Kennedy: OR, to get... Mr. Dawkins: Vhat's the motion, J A.? Mrs. Kennedy: ... Merrily -Stevens out as we intended to do to clear the property, do it - I understand we don't have the money so let's do it all a little at a time as we get the money in. Another thing we can do is - what are we doing while we're doing the boats... Mayor Suarez: Clear the property. You're talking about razing the buildings that are there, Madam Vice Mayor? Mrs. Kennedy: ... that are at this marina? Can we transfer them to Merrill - Stevens? Mr. Odio: We are finding transferring points, No, some of them cannot be lifted up and put in racks as you... Mayor Suarez: What are you going to do with all that the buildings that are there? Are you talking about razing them all? Mrs. Kennedy: No, not all of them. Mayor Suarez: She's talking about clearing the property. You mean.. Mr. Plummer: If we're going to run it, we'll use it. Mayor Suarez: . clearing the property other than the buildings? Mrs. Kennedy: Not all of them, but clear the property... Mr. Plummer: Until such time as .you have revenues sufficient to redo it. Mrs. Kennedy: Exactly, and then do it in phases. Mr. Plummer: There's an old fashioned method called spend what you have. Mayor Suarez: The other method that we've been working on... Mr. Plummer: Rosario, if what you're asking is what I asked two years ago to, relive the study of what the feasibility of the City operating the marina,I ` think we need a comparison and I would go along with that. Mr. Sorg: Let me ask a question. Why does the City want to get into competitive position with the private sector? It seems to me this is for the people who manage boatyards, that's their business. Mr. Plummer: Because at this point... Mr. Dawkins: For the same reason that we let you have $5,000 to put some hydrofoils in the water that never got in the water. Mr. Plummer: Oh, oh. Oh, oh. Mr. Sorg; Hang on, Commissioner, they're coming. Mr. Dawkins: That's why. Mayor Suarez; We have.. Mr. Dawkins: ...... we think the private investors need a help. Mr. Plummer: Stuart, would you like to ask any more questions? 154 Mayor Suarez: We have a motion. Mr. Plummer: And a second. Mayor Suarez: If I understand it correctly, that we hot go out for any RFP. That the Manager be instructed to take back this property, clear the land, not existing buildings and attempt to operate a full... Mrs. Kennedy: Service boatyard. Mayor Suarez: ... service boatyard facility without any funds, unless you can identify where we're going to get the money from. OK, that's the motion. Mr. Dawkins: I second the motion for discussion. Mayor Suarez: And seconded for discussion. Mr. Dawkins: Not that I've said I may vote for it, but for discussion. You see, we sit up here and we never think about being new and innovative. Now, Commissioner Kennedy just came up and said, let's take it and work with it. You do not have a vocational training facility teaching boat repairs. There's nothing that says that this City of Miami cannot write a grant seeking funds with which to do the things the Vice Mayor just said we could do. But instead of doing these things, we sit up here and say what we can't do. I mean, let's make up our minds and the reason my vote is, put it back out, we had some people who had the guts enough to bid on it once and Mr. Stu - I don't know where Mr. Stu Simon - what Stuart was then - to say that nobody wanted to bid on it. A group bid and came in and say we will take it and pay you what you want. Now, if they bid once, I know they got guts enough to bid again. So, don't tell me that we can't put it back out bring somebody in with a bid. Mr. Sorg: Mr. Dawkins, let me suggest that we go out one more time for bid. If it doesn't work, then the City take it over. But let's try it one more time. We've got people that want to bid on... Mrs. Kennedy: Well, I have a motion on the floor, Stuart. Mayor Suarez: We have a motion, Stuart, please. Mr. Sorg: But you've got discussion. Mayor Suarez: It happens that he agrees with you and it happens that I agree with that point you just made but we have a motion. Do we have a second? Mr. Dawkins (OFF MIKE): I seconded it. Mr. Foeman: Yes. Mr. Plummer: Well, Mr. Mayor, if I understand the motion that the Vice Mayor made and that is to ask the administration to come back with a comparison of our operating the marina ourselves. It's no action in that motion other than to instruct the administration to come back and give us a realistic picture if we were to operate that marina ourselves. I second the motion. Mayor Suarez: Well, but it really reached father than that. Now if you want to just... Mr. Plummer: No, because when he comes back, I might not agree. Mrs. Kennedy: Exactly. Mayor Suarez: She was... no, but that's not what the motion said and that's what I want to know, I mean, the motion was basically to abandon the process of going out for RFPs to the general public and, if you want to do that, that's fine, but that's... Mrs. Kennedy: For a time, until we hear from the administration. In other words... Mayor Suarez: OK, so you want to take no action on this and instead get a study back as to what the City might be able to do if it ran the marina itself. 155 May 12, 1988 Mrs. Kennedy: This is going to be the last time in our lifetime that we're going to be revisiting this bid, let's make sure that we don't rush into anything and that we do it right. Mayor Suarez: And I thought at the beginning of this whole process, we had a pretty good idea that the Manager didn't feel and staff didn't feel that we ought to operate the marina ourselves. In any event, that's the motion... Mr. Sorg: What is the motion, Mr. Mayor, I don't understand what it was? Mayor Suarez: We're not acting on this RFP, the motion's that the Manager will look at the possibility that the City might want to operate the marina itself. Mr. Plummer: And come back with the findings to us. Mayor Suarez: Is that now stated... Mrs. Kennedy: Correct. Mayor Suarez: ... it doesn't go farther than you want it to go. We have a motion and a second. Mr. Richard Briggs: As to that subject, my name is Richard Briggs, I'm the executive director of the Marine Council. I haven't been able to distribute them to you, but there are two resolutions here that I want to apprise you of that bear on this motion. One is from the Marine Council just made yesterday at the monthly board of directors meeting and to summarize it, it says simply this to the City of Miami Commission is urged to issue an RFP which would allow for the continuation of a full service marina repair facility at the Dinner Key site to allow the prospective bidder to specify the term of the lease which will be entered into and consider utilizing the Marine Council as a forum for preparing an RFP which would satisfy the above objectives. I read that now to you because this underscores the marine community's interest in having an RFP reissued. I also call to your attention another resolution that was passed by the Greater Miami Chamber of Commerce in November and today, at the meeting of the marine industry committee of the Chamber of Commerce, it was deter... Mr. Plummer: Excuse me, Mr. Briggs, is that the Miami Chamber of Commerce? Mr. Briggs: The Greater Miami Chamber of Commerce. Mr. Plummer: The one downtown that speaks but doesn't put up any money. Mr. Briggs: I can't... Mr. Plummer: That's - well, did they send a check with that recommendation? Because I've never seen them come forth with anything but lip service and no money. Mr. Briggs: For whatever value it is to you, I turn this over to you... Mr. Plummer: Oh, OK, all right. Mr. Briggs: ... the marine industry's committee of the Chamber of Commerce respectfully urges you to facilitate the issuance of an RFP for the establishment of a full service boatyard and make every effort to expedite the processing of bids. Please note the attached resolution which expresses the view of this organization which was previously transmitted to you. I'll leave these copies here but I just wanted to express the view of the marine community that this should be put out to bid and that the City should not operate it and I think that's germane to what you're discussing. Mr. Plummer: Why? Mr. Briggs: I can give you my own opinion. I'm here only to tell you the... Mr. Plummer; Fine. Mr. Briggs; Yes, 156 May 12, 1988 Mr. Plummer: fine, for the record, it's your own opinion. Mr. Briggs: Number one, I don't think it is a function of government to operate boatyards, I think that it is more properly done in the private sector. I think... Mr. Plummer: On private property? Mr. Briggs: Yes, I don't... Mr. Plummer: This is City owned property; waterfront which we have limited amount of. Now, I agree with you, if it was private owned property, I agree with you. Private industry should run it on private property. We're talking about City owned property. Mr. Briggs: Yes. Mr. Plummer: Publicly owned property. Mr. Briggs: Well, I'm just giving you my opinion. I think it would be better if it were run by private enterprise rather than by the City. Mr. Plummer: Thank you. Mayor Suarez: Anyone else on the Commission? Anyone else from the general public? Mr. Tim O'Neal: My name is Tim O'Neal. I live in unincorporated Dade County. I was a member of the proposal team for the Coconut Grove seaport and I intend to be a proposer if an RFP is sent out to develop the property with the private sector. I also feel that the City probably could do it themselves. However, I think they would incur considerably more liability and less return by doing so. Mayor Suarez: Anyone else? Commissioners? We have a motion and a second, call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-448 A MOTION TO TEMPORARILY DEFER THE AUTHORIZATION TO ISSUE REQUEST FOR PROPOSALS (RFP) IN CONNECTION WITH DEVELOPMENT OF A FULL SERVICE BOATYARD FACILITY AT 2640 SOUTH BAYSHORE DRIVE; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO STUDY THE POSSIBILITY OF THE CITY OPERATING A FULL SERVICE BOATYARD FACILITY, AT NO COST TO THE CITY, ON SAID PROPERTY (CURRENTLY KNOWN AS MERRILL STEVENS); FURTHER DIRECTING THE MANAGER TO COME BACK WITH A RECOMMENDATION. 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 NOES: Mayor Xavier L. Suarez ABSENT: None. Mr. Plummer; Let me ask a question now for the record. Mr. Manager, we were trying to make a September election, if necessary. How long before you will come back to this Commission with your findings and recommendations? Mayor Suarez: September election. Mr. Odio: I will bring it back at the June 9th meeting. 157 May 12, 1988 Mr, Plumtt,er: All right, if, at that time... Mayor Suarez: You've just stopped the entire process, what are you talking about, September election. Mr. Plummer: If, in fact, on September - you say June the 9th L this Commission decides that we don't want to operate it, that we do want to go to an RFP, is it still within the time frame of making the November election? Mr, Odio: Well, no, because you would have to advertise and then you would have to go through the selection committee, there's no way. Mr, Gilchrist: The charter requires 90 days for bidding. Mr. Plummer: Well, we couldn't make the November anyhow then. Mr. Gilchrist: The election requires to be on the ballot 45 days prior to that so you... Mr. Plummer: So we could not do it, under any circumstances, even if we approved it today. Mr. Gilchrist: You were not going to make it and you and I talked about May election the last time we were here. Yes, sir. Mr. Plummer: All right, so the time frame is not... the time's not running on US. OK. 45. A. REJECT ALL REQUESTS FOR QUALIFICATIONS RECEIVED IN CONNECTION WITH THE PROPOSED FEDERAL LAW ENFORCEMENT BUILDING TO BE BUILT IN MIAMI. B. THIRTY FOUR PERCENT MINIMUM MINORITY OWNER PARTICIPATION FOR CONSTRUCTION OF PROPOSED FEDERAL LAW ENFORCEMENT BUILDING IN MIAMI. Mr. Odio: Mr. Mayor, could you take the GSA item, Richard Weiss has to leave. He just had a baby and... Mayor Suarez: This is an emergency matter from the Manager's office. Mr. Odio: Memo from John Copelan, deputy City Attorney, and it's in regards to the RFQ that went out and the City Attorney -well, do you want to explain it, George? Mrs. Kennedy: John, I thought I had made it very clear that the 34 percent should - to make sure that women were included, I said equally divided between Hispanics, blacks and women. Mr. Gilchrist: We can establish that now by Commission action exactly what you want in the minority at this point. OK. Mrs. Kennedy: So you're asking us to clarify this... Mr. Gilchrist: We're asking that... the City Attorney would like to do that, please. Mr. Jorge Fernandez: Yes, our position in that, Madam Vice Mayor, is that it should come back to the City Commission for you to make a proper finding and establish your legislative intent behind the language which was really not very clear; which necessitated what is, we're interpreting to be an amendment that was not properly made because a resolution of this Commission cannot be amended by administration. And so the way that the RFQ read was that the requirement was 34 percent of the development team must be comprised of a combination of all three minority groups. Mrs. Kennedy: Development team was not the clear. Mr. Fernandez: Development team - and now, if in fact, it is the wish to this Commission to further clarify that language to make it 34 percent of the 158 May 12, 1988 equity parthers, then you must do that, not administration. That's why we're recbrnmbading to the City Mahager that he cahtels all the RFQs,,. Mrs. kohhedy (OFF MjKt): Bight. Mr: Fernandez: ... that have been received, And the City CbMMissi6h must also do that. Mr. Plummer: Well, let me ask one question for the record; because live never gone through this so called RFQ procedure before and we're getting more dacnh initials around here than we know what to do with, Mr. Gilchrist: It's a virgin procedure for us. Mrs. Kennedy: You haven't? Mr. Plummer: Not an RFQ. live been through RFPs and the rest of those but not the Qs. Mr. City Attorney. Mr. Fernandez: Yes. Mr. Plummer: It is my understanding, on the initial basis of this RFQ before, that there were 12 potential companies proposers. Is that correct? Mr. Fernandez: I believe so, yes. Mr. Plummer: OK. I then understood that there were two that were disqualified. Mr. Gilchrist: Mr... Mr. Plummer: No, no, no. John's not my City Attorney. Mr. Fernandez: I believe that there were four that were not qualified. Mr. Plummer: All right, the real question I'm getting to, it would seem logical that this Commission would be the ones who make a determination if they were qualified or not. Mr. Gilchrist (OFF MIKE): Yes, sir. Mr. Plummer: Well, and yet we never saw it. Mr. Odio: Well, because we haven't disqualified anybody at all, Commissioner. What we're saying today is we're asking you, since there is a question, whether the RFQ was clear, where the addendum actually changed the RFQ, that we just throw out all the bids and begin all over again so that there is no question what the City wants back. Mr. Plummer: And this Commission initially did approve the RFQ. Mr. Odio: Yes, air. Since there was an addendum going out trying to explain what the minority participation should be, whether it was equity or not and since it could be tied up in courts for months and we'd never get the building built so I prefer that we start all over again. Mr. Fernandez: However, we understand the addendum to have done more than explain or clarify. We believe that the addendum, in fact, might have changed the intent of the Commission. And that's why we are recommending that it be rebidded. Mayor Suarez: Why did it change the intent of the Commission? Mr. Fernandez: Because it is a substantial issue, the issue of whether 34 percent of the development team must be comprised of a combination of all three minority groups or 34 percent of the equity partners and that is a substantial consideration. One which we don't believe that administration had the power to amend. Mayor Suarez: Why did the administration amend it if it didn't have the power to do it? 159 May 12, 1908 Mr. Ft rfiandet: because the administration - a question vas posed to them by way of clarification and perhaps Mr... Mr. Odio: One of the attorneys involved and one of the developers group called and asked what do we mean by the development.., by the... Mr. Gilchrist: Minority. Mr. Odio: ... participation. So the department of development put out an addendum clarifying that it meant equity. Mayor Suarez: You thought you were clarifying. Now, if you did that, why does it affect any of the potential bidders. 1 mean, why didn't all of them get the clarification and was the timing problem here? Mr. Gilchrist: Can I just take a moment and walk through the process? We issued the RFQ... Mayor Suarez: Right. Mr. Gilchrist: ... said that we required 34 percent... Mayor Suarez: You mean the clarification... Mr. Gilchrist: of the development team to be minority, black Hispanic and female. Mayor Suarez: Right. Mr. Gilchrist: A question, when raised from a proposer is required to be put in writing to the City Manager and the City Manager is required, he or his designee, to respond to it. We looked at it, the way the question was asked, and we thought we were clarifying that the Commission meant equity participation when they talked about the development team. And we issued that. That was challenged by proposers because when the proposals came in, four of them did not meet that as equity members and, therefore, I asked... Mayor Suarez: But didn't they get the clarification before? Mr. Gilchrist: They did get the clarification, sir. Mayor Suarez: Before they came in with their proposals? Mr. Gilchrist: Yes, sir, the addendum was sent to everyone. However, the law department has opined that it was more than a clarification of what the Commission intent was and, in fact, it altered the Commission's intent. Therefore, it's vulnerable from both sides of the proposers to legal question and recommendation is that if all proposers for qualification were rejected at this point and reissued clarifying that from the Commission, it would clean the process and not be vulnerable to attack in the future stopping our process. Mayor Suarez: OK, so we admit... Mr. Gilchrist: This would cost us 30 days and it could cost us years in litig... Mayor Suarez: The embarrassment and we start over again basically. Anything from the Commission first on this? Mr. Fernandez: You must, in fact, make your legislative finding and interpret what you mean by 34 percent. Mayor Suarez: And you're suggesting that we mean, Madam Vice Mayor, that they have to have minority equity participation? Mrs. Kennedy: Equity participation, the whole idea was to make sure that women got involved, because if you have 34 percent of minority participation, you know that you're going to get blacks and Hispanics and the women are going to be left out. Mayor Suarez: Well, but now are you saying that it... 160 May 12, 1988 Mf, Gilchrist: No, we did get beyond that, the question is; do you want it to be equity participation or just members of teaks? That was the question,.: Mrs: Kennedy: I think it should be equity. Mr. Gilchrist: and we interpreted, we thought you meant equity. Mayor Suarez: OR. Mrs. Kennedy: Yes. Yes. Mayor Suarez: And also, one other question... Mr. Gilchrist: An interest in it. Mayor Suarez: ... 34 percent meets it whether you have the three minorities or are you... Mr. Gilchrist: Vell, you had to have the three minorities in it. Mayor Suarez: OR, that's the additional wrinkle then. Mr. Gilchrist: Absolutely. Now, if you want them to be equal percentages, you tell us that and we will make them equal percentages. Mrs. Kennedy: Yes. Mr. Gilchrist: Yes. Mrs. Kennedy: Sure. Mr. Gilchrist: The Commission needs to instruct me exactly what they mean. Mr. Plummer: Now, are we talking about equal percentages in participation or are we talking about... Mayor Suarez: No minimum, minimum, minimum percentages. But that the minimums are equal. In other words, you can't have... Mr. Plummer: That's not my point. Mr. Gilchrist: What we tried to clarify, Commissioner... Mr. Plummer: My point is, are we talking about they can just hire so many blacks, so many Latins and so many women or they have to be a part of the company? Mr. Gilchrist: They have to have an interest in the company, an equity position. Mr. Plummer: An equity interest of the same percentage in the company. Mayor Suarez: Same minimum percentage. Mr. Plummer: Seventeen, seventeen, and seventeen is that correct? Mr. Gilchrist: No, sir, what the Commission did at the last time was to cut that - that's a goal, 51 percent, they cut it to 34 percent and said that they wanted the three... Mayor Suarez: But, you know, the problem of going to 34 percent is that you give the implication that two minorities will be sufficient because we have 17, 17 and 17. Mr. Gilchrist: No, we came with that and then it was reclarified because Vice Mayor Kennedy said she wanted to make sure that females were included. Mayor Suarez: That all three... Mr. Gilchrist: So all three were then... J� 161 May 12, 1988{ Mayor Suarez: nos, Commissiohtt pluMot 's asking very ihtelligeatly now# how do you split the 14 among the three rnihorities'i Mr. Gilchristt And trite Mayor Kehhedy has retbfftehded... Mr. Dawkins: Seventeen, seventeen, seventeen a seventeen black, sevehteen Latin and seventeen women - Mayor Suarez: Then we have to go to 51 percent then. . Mr. Dawkins: Now you want it any plainer than thatl Mayor Suarez: No, then you have to go to 51 percent, Mr. Dawkins: Well, then go to 51 percent then. Mr. Gilchrist (OFF MIKE): Whatever the Commission desires. Mr. Plummer: You're talking about, Miller, that they must be 51 percent owner of the development company. Mr. Dawkins: No, hell, no, if they can't come up with 51 percent of the money, J.L., I would love that. See, but, I mean, but being realistic, they couldn't come up with 51 percent of the money. Mrs. Kennedy: Miller, Chris... Mr. Gilchrist: That's why we had a lesser percentage. Mrs. Kennedy: Chris Korge just told me... Mr. Dawkins: Well then let... all right, divide 34 by three. What do you get? Three into three go one and three into seven go two. Mr. Plummer: How about making it 33, it's easier. Mr. Gilchrist: Make it 33 and you can divide it. Mr. Fernandez: Mr. Mayor... Mr. Dawkins: All right, and get 11 percent - eleven and eleven, I have no problem with that. Mayor Suarez: Minimum 11 percent, minimum 11 percent Hispanic and 11 percent black. Mr. Gilchrist: How about 10, 10, 10? Mr. Dawkins: Thirty-three. Mr. Chris Korge: Mr. Mayor... Mr. Plummer: Owners of the development company. Mayor Suarez: Right, owners of the development company. Mr. Dawkins: I have no problem with that. Mr. Korge: OK, that's the first clarification, Mr. Mayor, would not be equity owners because it's a turn key project, number one. Number two, the way... Mr. Dawkins: Why wouldn't they be? Mayor Suarez: Equity developers. Mr. Korge: They would be owners; 34 percent of ownership or 33 percent of the ownership of the development company.,. Mayor Suarez: Right. Mr, Korge: ,., but they're not equity owners because they're not going to own the building to start with. 162 May 12, 1988 h� L Mr. Dawkins (OFF MiKF)i Yes, we own it, we own it. Mr. Korge: OK, that.,, Mr. Dawkins (OFF Mlkg): They're more than I3 percent because they're citizen. Mr. Korge: But that's not an equity owner and that's confusing. Mr. Gilchrist (OFF MIKE): We can clarify the language. Mr. Korge: The other thing though, is the way the addendum works so your information was that you had to have representation from all three minority groups but there was no statement as to what percentage of representation you'd have to have. The result of that would be that you'd have a woman partner in the development company, you'd have a black partner in the development company and you'd have a Latin partner in the development company. If you further restrict that by saying exactly what percentages they would have to have... Mayor Suarez: That's not a concern anymore. Mr. Korge: Pardon me? Mayor Suarez: Then that doesn't become a concern anymore. That's no longer a concern if it's... Mr. Korge: That's no longer a concern if you... the addendum said that all three minority groups represented but the percentages of their ownership in the development company would be dictated by their own ownership interests in the group. Mr. Gilchrist: However... Mr. Korge: To do otherwise may... Mayor Suarez: Chris, if we go to eleven percent, eleven percent and eleven percent equity participation in the development team, that clarifies the whole thing. Mr. Gilchrist: Yes, sir. Mayor Suarez: Membership is not an issue when you've got - when you're talking about ownership. Mr. Plummer: That's right. Mayor Suarez: Right? And that seems to be the consensus of the Commission. Mr. Plummer: I agree. Mayor Suarez: OK, does everyone agree? I mean if we're talking about ownership of the development team, we're not going to be too concerned what the team looks like, it's just ownership. Mrs. Kennedy: Without a definite percentage? Mayor Suarez: And minimum eleven percent of each, that's minimum 33 total, hopefully, it'll be more. Everyone agree on the Commission? Mrs. Kennedy: Yes. Mayor Suarez: Any questions? Mr. Gilchrist: Thank you, sir. Mayor Suarez: Make that into the form of a motion. Mrs. Kennedy: So moved. Mayor Suarez: Moved. 163 May 120 1980 Mr. Plummer (opt MIKE): Second. Mr. Fernandez: ghat is the motion, Mr. Maycrl Mrs. Kennedy: To accept the amendment, Nave 34 percent equal represent..: Mr. EluMer: Thirty-three. Mrs, Kennedy: Thirty-three percent equal representation but not specified percentages. Mr. Odio: I think, if I may, Mr. Attorney... Mayor Suarez: Minimum eleven percent for each of the three minorities specified in our ordinance. Mr. Dawkins (OFF MIKE): No, a minimum, but not a maximum. Mr. Gilchrist: Minimum. Mr. Odio: I'm asking the City Attorney whether we need to... Mayor Suarez: Not a maximum, right. Mr. Odio: First part of the motion is that we reject all bids. Mr. Fernandez: Mr. Mayor, may I read to you a proposed resolution that will address all of the issues that you have raised? Mr. Plummer (OFF MIKE): No, how can you not specify it? Mrs. Kennedy: Well, Chris Korge was just telling me that it's going to be - if we make it equal... Mayor Suarez: Then if you can't do it, then change it, you know. Mrs. Kennedy: ... it's going to be very hard for the blacks and the women to come up with big chunks of money, so let's just say, non equal representation, but make sure that the blacks, that the Anglos and the women are part of the equity team. Mayor Suarez: So you would say - so then, we don't have to go to 33 then because it's not an even split, so you're saying minimum 34 percent and some participation for each of the three? Mrs. Kennedy: Right. Mr. Gilchrist: That's what we had before, sir. Mayor Suarez: No matter how... Mr. Plummer (OFF MIKE): You're defeating your purpose. Mrs. Kennedy: Equity participation. Mr. Gilchrist: Equity participation, we said in any percentages before. Mrs. Kennedy (OFF MIKE): Ownership, which was not specified before. Mr. Plummer (OFF MIKE): Yes, but a woman can have a half a percent. Mr. Dawkins: Let me tell you what we're trying to do here, OK, so that everybody in the audience and every place else will know. This Commission is fed up with individuals who come in here and pick a black, a Latin or a woman and give them two percent and come before this Commission and say, we gof minorities. What we're trying to say now is, if you have a minority, be it female, be it black or Latin, then they got 30 percent and then they are really and truly an equity partner. Now, that's what we're trying to get at. Mr. Odio: Commissioner Kennedy and Vice Mayor, you need to reject the bids first. 164 May 12, 1988 ='= f.. Mr. Fernandez: I have a proposed resolution, Mr. Mayor, that would perhaps address all the issues that you have discussed and it reads like this, "A resolution rejecting all statements of qualifications submitted by developers and received by the City in connection with the proposed development of improvements and certain property as previously determined by City Commission in resolution 87-916 adopted October 22nd, 1987; said rejection being based on the City's erroneous misstatement of the interpretation to be given the request for qualifications by developers in preparing their response to the request for qualifications and authorizing the issuance of a request for qualifications on March 15th, 1988, in substantially the form attached inviting interested and experienced development teams to submit professional qualifications for the development of an approximately 250,000 square feet building to be located on 12 lot land parcel between N.E. lst 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 and further directing the City Manager to present the draft request for proposals for site acquisition, planning and design and construction of said building to the City Commission as soon as practicable for consideration and approval prior to its issuance which shall be limited solely to prequalified development teams only." And the date that I had read of March 15th, 1988 should really have been May 30th, 1988. Mayor Suarez: OK, all the does is reject the bids. Mr. Fernandez: Right, exactly. Mayor Suarez: And sort of builds in the admission of an erroneous interpretation which I'm not sure is such a great idea but at this point, so be it. Now, what about the formula? I mean, I'll take that in the form of a motion if somebody wants to move that and get that over with. Mr. Plummer: To reject the bids? Mayor Suarez: Right. Mr. Plummer: I so move. Mr. De Yurre (OFF MIKE): Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll on that. Do you want to address that before we vote? Mr. Richard Weiss: Yes, I think the bid bonds of those bidders need to be returned since it was the City's mistake. Mayor Suarez: Yes. And include in the motion that. Movant accept that? Second accept that? Mr. Gilchrist: We would return all of the documents furnished to us including the... Mayor Suarez: Call the roll. I guess it's an obligation anyhow, so... Mr. Gilchrist: ... it's not a bid bond, but it's a... 1. 165 May 12, 1980 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-449 A RESOLUTION REJECTING ALL STATEMENTS OF QUALIFICATIONS SUBMITTED BY DEVELOPERS AND RECEIVED BY THE CITY IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF IMPROVEMENTS ON CERTAIN PROPERTY AS PREVIOUSLY DETERMINED BY THE CITY COMMISSION IN RESOLUTION NO. 87-916, ADOPTED OCTOBER 22, 1987, SAID REJECTION BEING BASED ON THE CITY'S ERRONEOUS MISSTATEMENT OF THE INTERPRETATION TO BE GIVEN THE REQUEST FOR QUALIFICATIONS BY DEVELOPERS IN PREPARING THEIR RESPONSE TO THE REQUEST FOR QUALIFICATIONS; FURTHER AUTHORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS ON MAY 30, 1988, IN SUBSTANTIALLY THE FORM ATTACHED, INVITING INTERESTED AND EXPERIENCED DEVELOPMENT TEAMS TO SUBMIT PROFESSIONAL QUALIFICATIONS FOR THE DEVELOPMENT OF AN APPROXIMATELY 250,000 SQUARE FOOT BUILDING TO BE LOCATED ON A 12-LOT LAND PARCEL BETWEEN NORTHEAST 1ST AND MIAMI AVENUES AND NORTHEAST 4TH AND 5TH STREETS IN MIAMI TO BE OCCUPIED BY THE U.S. ATTORNEY'S OFFICE AND OTHER U.S. LAW ENFORCEMENT AGENCIES; AND FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE DRAFT REQUEST FOR PROPOSALS FOR SITE ACQUISITION, PLANNING AND DESIGN, AND CONSTRUCTION OF SAID BUILDING TO THE CITY COMMISSION AS SOON AS PRACTICABLE FOR CONSIDERATION AND APPROVAL PRIOR TO ITS ISSUANCE WHICH SHALL BE LIMITED SOLELY TO PREQUALIFIED DEVELOPMENT TEAMS ONLY. (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. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Now on the formula. Got any suggestions? Mr. Gilchrist: What we did before, we believe, was to seek 34 percent equity participation. If equity's not the right word, it's an interest in the project, financial interest in the project... Mayor Suarez: Equity. Mr. Gilchrist: ... to be distributed among... Mayor Suarez: Equity is the right word be... Mr. Gilchrist: ... black, Hispanic and female. I believe equity's the right word, but I... Mayor Suarez: Yes, equity in the entity that builds the project. I mean, you want them to have an ownership which is equity. Mr. Gilchrist; That's correct but, Mayor, we did not say what the percentages had to be. Mayor Suarez; OK, now let's get to that. 166 May 42, 1988 Mr. Gilchrist: lie said they could be in any coMbihation. Mayor Suaret: Let's get to that, tut are we in Agreement that it's ibibirnum 34 percent? Mr. Gilchrist: That's what I thought, yes. Mayor Suarez: Isn't that what we did last time# Mr. Gilchrist: Yes, sir. Mayor Suarez: OK, are we all in agreement on the minimum of 34 percent? tow, what do we do about the specific allocation to each of the three minorities. Is there any minimum that any one minority must have? Mr. Plummer: That's the way.:. Mayor Suarez: Must all three of them be in there? Mr. Plummer: Minimum, minimum. Mrs. Kennedy (OFF MIKE): Minimum. Mr. Plummer: Yes, OK. Mayor Suarez: Are we in agreement that all three must be in that 34 percent? Mr. Gilchrist: Yes, sir, they all three must be in. Mayor Suarez: OK. Mr. Plummer: And no category can have less than... Mayor Suarez: Five, ten... Mrs. Kennedy (OFF MIKE): Five doesn't... Mayor Suarez: If we go to ten, then we're back at eleven, eleven, eleven. Mayor Suarez: So five... Mr. Plummer: Five. Mrs. Kennedy: How about eight, compromise. Miller, let me ask you, how do you think that's going to affect the blacks? Do you think that it's easy for them to come up with 8 percent of ownership? Mr. Dawkins: I don't know, put it in there and see. You know it's... Mrs. Kennedy: If not, we can leave it at five. Mr. Dawkins: ... it's going to be difficult for the average Latin, OK, because there's some Puerto Ricans out there don't have a damn bit more money than some blacks. OK. Mr. Gilchrist: Sir, we... Mr. Dawkins: So let's just don't lock it in and say that's it's going to make it hard on the blacks. Mr. Gilchrist: Sir... Mr. Dawkins: There is some other Latins and some Nicaraguans and everybody else out there who might want to come in and they won't have no money either. So it's going to make it very difficult, Commissioner, on a lot of people. Mrs. Kennedy: OK, how about five percent and that'll make it easier for everybody. Mr. Dawkins: Yes, um hum. If they can deal with that, um hum. 167 May 12, 1968 Mayor Suarez: And a minimum of five percent for each of the individual minorities as part of the overall minimum of 14 percent, Mrs. Kennedy: Correct. Mayor Suarez: OR. Mr. Plummer: Now, my question. Stow is this Commission going to determine that that participation is not a sham? Mr. Dawkins: By seeing the canceled check. Mr. Gilchrist: We have requested in the request for qualifications that complete financial disclosure be a part of the proposal and that will be analyzed by a CPA firm. That's the best I think we can... Mr. Plummer: And that financial disclosure is going to say where the woman got the money from to buy that minimum of five percent. Mr. Gilchrist: Sir, we can go as far as you would like, sir. Mr. Plummer: Well, I'm just saying, we don't want to get into another school board hassle. Mr. Gilchrist: I understand, I understand. Mr. Plummer: Yes. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: No, no, no, no, no. Five percent assuming of the responsibility is not the same as an ownership. No. Mr. Dawkins (OFF MIKE): No way. Mr. Plummer: No, no, no, no. Five percent they must own. Is that what we're saying, minimum ownership. Mr. Gilchrist: Yes, sir, we were very clear about that. Mr. Plummer: And none of this business that I, Mr. Big, are going to give you the money to be five percent partner. Mr. Gilchrist: Yes, sir, I understand where you're coming from. Mr. Plummer: OR, I just want it understood. Mr. De Yurre: Question. In coming up with the 34 percent, let's say you have a corporation that is going to make up part of that 34 percent, how do you, you know, how do you determine what percentage of that 34 belongs to that company with respect to the percentage of minority ownership in that company that's coraing in? Mr. Gilchrist: They have to have full disclosure of that, sir, and full disclosure of the financial sources for that. That's exactly what we're asking for. We will make that language as tight as it's possible to do. Mr. De Yurre: OR, for example, let's say there are two companies coming in as a team and it's 50/50. If one company is totally non minority, you look at the other company and that company is 50 percent minority. Does that mean that one fourth - in other words 25 percent of the total package is a minority which would be under the 34 percent. Mr. Gilchrist: I believe, sir, that if a company is determined to be a minority company, as an example, if it were a Hispanic minority company, that would have to be counted as 50 percent. I believe that's... Mr. De Yurre: OR, now, what determines if a company is a minority company? J. 1: Mr. Gilchrist: There are very specific rules about that. In order to be an Hispanic company, 51 percent of the ownership would have to be Hispanic. 168 May 12, 1988 Mr. be Yurre: So then in reality, you could end up with way lass than 34 percent of the goal that we have set when you look at the whole composition, Mr. Gilchrist: Yes, sir, unless you write the rules differently, you know, you can do it. Mr. Dawkins: You know, Mr. Mayor, we're hung up here in a discussion that's going nowhere, OK? Number one, they're going to have 33 percent of what? OK? The federal government is going to put the money up to build the building: The City of Miami is going to own the building, they can't get 33 percent of that. Now, you're talking about they must have 33 percent of the company that builds the jail, now who's going to come in here and give me 33 percent of their company so that they can build it? So where are we now? Mr. Gilchrist: No, sir, Commissioner... Mr. Plummer: Nobody's going to give it to you, you're going to buy it. Mr. Gilchrist: Commissioner... Mr. Dawkins: Now who's going to sell it to you then? Mr. Gilchrist: ... what we're asking... Mr. Plummer: The company's either going to sell it or they can't bid. Mayor Suarez: Go ahead, John. Mr. Gilchrist: What we're asking the private sector to do is to purchase the land and to pay for the building of the building. When it is complete, to the specifications of the GSA and the City, the City will then purchase, as a turnkey, that complete project back from them. They are allowed to make a profit in that process so an ownership in there invests and makes a profit. We buy the building based on the rent stream from the federal government... Mayor Suarez: But what he's saying is, just so we don't give the wrong impression, they're not going to have a percentage ownership in the building... Mr. Gilchrist: No, sir. Mayor Suarez: ... they're not going to have a percentage lease in the building... Mr. Gilchrist: No, sir. Mayor Suarez: they're going to have a percentage in the company that builds the building, all right. Mr. Gilchrist: Yes, sir, yes, sir. Mayor Suarez: Right, which means basically the profits, you know, and the risk too, might add that. Mrs. Kennedy (OFF MIKE): And the risk is the main thing. Mr. Plummer (OFF MIKE): Which could, in effect... Mr. Gilchrist: It's an ownership interest in the profits is what it amounts to. Mrs. Kennedy: The risk is the main thing, they have to show in their financial disclosure that they are willing to take the risk and afford it. Mr. Gilchrist: Let me just say one more thing about it. Because of the secure nature of this, they will borrow money from a bank. What their interest is, is an interest in that future profit. They may not have to put equity into it because they're borrowing from a bank. I think we're confusing the issue here. Mayor Suarez: That's fine - just to clarify - the Commissioner wanted to clarify, they're not going to be landowners, they're not going to... 169 May 12, 1988 Mr. Gilchrist: Yes, no, i understand, but she was saying you have to make an investment, it's not necessarily an investment. Mayor Suarez: it's not going to be that risky. We know that it's hot going to be that risky because it's guaranteed from every possible angle. OR, is that understood now and is that accepted as the formula? Mrs. Kennedy: That is accepted to me. Mayor Suarez: OR, is that in the form of a motion? Mrs. Kennedy: It is. Mayor Suarez: Do we have a second? Mrs. Kennedy: Yes, Commissioner Plummer. Mr. Plummer: Repeat the motion. Mr. Gilchrist: It has to authorize us... Mrs. Kennedy: With a minimum of S percent... Mayor Suarez: For each of the three minorities... Mrs. Kennedy: ... for each of the three minorities, women, blacks, and Hispanics. Mr. Plummer (OFF MIKE): Is that ownership of the company that is going to build the structure. Mayor Suarez: Right. And a minimum of 34 percent for the three combined minorities. Mr. Plummer (OFF MIKE): Combined. Mayor Suarez: Right. OK? Mrs. Kennedy: Combined. Mr. Gilchrist: Yes, and you need to authorize us to reissue the request for qualifications. Mayor Suarez: Yes, and that's built into the motion. Mr. Plummer: And I want the language strong enough so that this Commission can make a determination that that which becomes an equity partner is not a sham. Mr. Gilchrist: Yes, sir, I understand that. Since we're going to issue it on May the 30th, we could bring on May the 19th the language for you to see. Mr. Plummer: That would even be better. Mr. Gilchrist: Thank you, sir. Mayor Suarez: OK, Richard. Mr. Richard Weiss: I just wanted to clarify that the rejection of that, the RFQ, opens up this process brand new. Any teams that were together before, everybody's up in the air again. Mr. Plummer: New ball game. Mayor Suarez: New ballgame. OR, Commissioner, ready to vote? We have a motion and a second. Any further discussion? Call the roll. e M; The following motioh was ifitrbduted by C6finissiohef Kehhedy, who movad its adoptioh: MOTION NO. 88=450 A MOTION INSTRUCTING THE CITY MANAGER TO HAVE AN OVERALL MINIMUM OF 34 PERCENT MINORITY OWNERSHIP PARTICIPATION FOR THE PROPOSED CONSTRUCTION OF A FEDERAL LAW ENFORCEMENT BUILDING AND FACILITY IN THE CITY OF MIAMI (WITH A MINIMUM OF 5 PERCENT OWNERSHIP INVOLVEMENT FOR EACH OF THE THREE MINORITIES); FURTHER AUTHORIZING AND DIRECTING THE CITY ADMINISTRATION TO REISSUE THE REQUEST FOR QUALIFICATIONS. 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. ----------------- -------------------- ----------------------------------------- 46. DISCUSSION AND TEMPORARY DEFERRAL OF CONCERNS OF CITY A.F.S.C.M.E. EMPLOYEES (SEE LABEL 49) ------------------------------------------------------------------------------ Mayor Suarez: Mr. Klausner, is he out there? Mr. Weiss: Mr. Mayor, thank you for your courtesy. Mayor Suarez: Richard. Congratulations on the baby even though your wife did most of the work. All the work. Where is the union representative? Is A.G. Sherman is... Mr. Odio: Charlie Cox is the new president. Mayor Suarez: Is Charlie Cox, is Bob Klausner, the attorney, out there so we can get an idea why we have such large numbers of AFSCME members here? There he is. Where were you hiding? Robert Klausner, Esq.: Mr. Mayor, I still got 300 of them standing outside. Should I bring them in? Mayor Suarez: We take notice of that without you having to bring them into the room. Mr. Klausner: I've got Mr. Cox standing outside, he's like to address the Commission for a few minutes on a matter of some concern, particularly wanted to commend the Manager on being a man of his word about putting some people back to work and we wanted to talk to the Commission to urge your continued implementation of the street cleaning fee in some form and I'd like to bring Mr. Cox in now if I could and have him address the Commission. Mayor Suarez: Absolutely, let's get it over. Mr. Klausner: I'll have him back in five minutes, Mr. Mayor. NOTE FOR THE RECORD: ITEMS 49 AND 50 WERE WITHDRAWN. 171 May 12, 1988 a� 47. GRANT OFFICE SPACE TO COLOMBIAN AMERICAN NATIONAL COALITION. WiiiLrr�iirri�rG��GGrL�ri►rr��rrL��---+rrii-��---+i.�rir ir��-��GG�.�GGGG�G�2. T. Yrs�iGG� Mayor Suarez: Item 51, Colombian American National Coalition office space. Mr. Manager, can we not look for some office space for them? I mean I know that as of now... Mr. Odio: Well, it depends on... Mayor Suarez: ... we don't have any but..: Mr. Odio: How many square foot do they need? Mayor Suarez: How many square feet do you need? Mr. Francisco Pinto -Torres: As many as we can get but at least maybe three hundred, four hundred square feet. Mayor Suarez: Three or four hundred square feet? Mr. Odio: If it would work with us and if you want me to do so, I will try to find some space somewhere. Mayor Suarez: I would think so. There are a large number of Colombian - Americans in this community. We have not been able to work with you in too many ways and this is one small way it would seem to me, if the rest of the Commission would agree. Mr. De Yurre: I'll move it. Mayor Suarez: Moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 88-451 A MOTION GRANTING REQUEST MADE BY REPRESENTATIVES OF THE COLOMBIAN AMERICAN NATIONAL COALITION FOR APPROXIMATELY 300-400 SQUARE FEET OF CITY PROPERTY FOR OFFICE SPACE; FURTHER REQUESTING OF SAID GROUP TO WORK WITH THE MANAGER IN FINDING AVAILABLE SPACE. 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. Mayor Suarez: You've been very eloquent. God bless you, go find a space. Mr. Torres: Yes, we had another item that I want to discuss because upcome... Mayor Suarez: Another item? Mr. Torres: Another - our convention, I think that's part of the materials you have. We have an upcoming convention.,, 172 May 120 1988 Mayor 8uarei: What hurnber was that? Mr, Torres: It's in 51 too, I don't think it's listed, but.,: Mr, Fluftar: No, it's not on here, Mr. Torres: it is not there, OR. Thank you. --------- .-----,i.tGr ccc 48. DISCUSSION CONCERNING LANCING OFF OF ARTHUR BROOKS FROM PUBLIC WORKS DEPARTMENT. Mr. Dawkins: Mr. Mayor, I have = can I ask the Manager some question? Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: Mr. Manager. Mr. Odio: Yes, sir. Mr. Dawkins: Mr. Arthur Brooks was let go and I have a problem with it. And the reason I have a problem with it is that I think, and if I'm in error, then I won't have a problem with it, Mr. Brooks was the only black in Public Works and he was there because I fought with Howard Gary and Public Works wouldn't hire no blacks. I fought with the guy who replaced Howard Gary and then between you and Sergio, I don't know which one, Mr. Arthur Brooks was put over there. Now, when we put Mr. Arthur Brooks over there, we knew what his degree was in and was not in engineering and it was not in nothing. So I wish somebody over there would tell me, in Public Works in the office of the Director, you got one director, what is he, white, black or Latin? Mr. Odio: You mean the director? Mr. Dawkins: Yes, sir. Mr. Odio: He's an Anglo. Mr. Dawkins: All right assistant to the director, we got two, are they white, black or Anglo? Mr. Odio: Well, the assistant director is a woman. Mr. Dawkins: Black, white or Anglo? Mr. Odio: She's a Cuban, I believe. Mr. Dawkins: Latin, OK. And the other one is what? Mr. Odio: We don't have another assistant director. Mr. Dawkins: So it's just got one. Mr. Odio: Yes, sir. Mr. Dawkins: All right. I don't know about the switchboard operator. All right, let's go to the public work construction. We got administrative aide, we got one of those, what is it? Black, white or woman? Do you have an administrative aide one? You got one of them. Is it black, white or Latin? Or any... Mr. Donald Cather: I'd have to refer to my personnel chart I have 160 employees. I have many black employees. Mr. Dawkins: I wouldn't give a damn if you had 250. Every time you come up here, I go through this bull shit with you about how many people you got. You get paid to know what you have. Mr. Cather: If had... '` Mr, bawkinst OR, now stand up here and.., Mr. Manager, Mr, Manager, Mr. Manager, Mr. Manager, through you to him, OR, you have an administrative aide bhe, ghat is he, black, white or Latin? Through you to him, Mr. Cattier, I don't remember whether that particular individual is blacki Latin or white. I have a complete,,. Mr. Dawkins: OR, I'll got another way... Mr. Cather: orgahli atioh chart with every single individual identified which I will be happy to furnish you withi Mr. Dawkins, Mr. Dawkinat Mr. Manager, how many persons are in the administrative part of public +works? Mr. Cather: What does he define as administrative? The office of the director? Mr, Dawkins: From $30,000 up. Mr. Cather, Oh, that I would be happy to report to you on but I can't remember it off the top of my head. Mr. Odio: Have to get you a report on that, Commissioner... Mr. Cather: I can give you the entire organization chart with everyone identified. Mr. Odio: We're getting it right now from upstairs, Commissioner. Mr. Dawkins: Mr. Manager, you can't tell me and I accept it, that you have a gentleman who you paying what you're paying him and he tells me that, according to this public works chart, it's 34 people in the public works construction department and of those 34 people, he or nobody that reports to him or close to you, can tell me what the makeup is of the 34 people. Mr. Cather: What we're saying, Mr. Commissioner is, that I don't have these precise numbers. I can furnish you with everyone of those figures you're requesting. Mr. Dawkins: OR, all right, all, right, OK... I'll ask you another question. Mr. Arthur Brooks - was it anybody else in administration over there look like Mr. Arthur Brooks? Mr. Cather: Are you inferring that are there other blacks in my administration? Yes, sir, there are. Mr. Dawkins: Who are they? Mr. Cather: Well, Gail Covington... Mr. Dawkins: What is that? What's... Mr. Cather: I believe she is a typist clerk three. Mr. Dawkins: That is not administration. Mr. Cather: Well, she's doing administrative work. Mr. Dawkins: OR, I'll tell you what. Mr. Manager, tomorrow morning, will you and Mr. Cather... no, I'm going to do better than that. Monday at 1:00 o'clock I'd like to meet you in my office and I want you to bring a breakdown of everybody in public works, what they are, what they're being paid and then explain to me how the only black up there, Mr. Arthur Brooks, was let go instead of somebody else. Mr. Odio: Well, let me explain. I wish,., Mayor Suarez: Why don't you do it Monday morning at 1:00, as he suggested. Mr. Odio: Oh, OK. 174 May 12, 1988 Mr. Dawkins: Monday afternoon. Mayor Suarez: Monday afternoon at 1:00, please. Mr. Dawkins: Thank you. Mayor Suarez: Thank you, Don. 49. CONTINUED DISCUSSION OF CONCERNS OF CITY A.F.S.C.M.E. EMPLOYEES (SEE LABEL 46). Mayor Suarez: OK, are you ready, Bob? please cooperate with us so that we Please listen, everyone in the chambers the chambers. Thank you. Please. And all the members of AFSCME can get your item heard and keep... otherwise we're going to have to clear Mr. Charlie Cox: Mr. Mayor, Commissioners, City Manager, my name is Charlie Cox and I'm the president of AFSCME, local 1907, the union for more than 1200 of this City's employees. We are here today to talk about having the courage to do what is right. The City Manager and this Commission accepted our demonstration in good faith in our most recent contract. We want to remind you about those promises made in return. This week, the Manager showed us that he was a man of his word when he stuck by his agreement of no union layoffs. For that good faith, we publicly thank him. To this Commission we say that you must help the Manager keep his word by sticking to the budget you adopted. This means keeping the revenues you know are needed to run the City. The jobs our members do may not be glamourous but they are just as vital to the citizens of Miami as any other. Who keeps the police cars and fire trucks rolling? We do. Who takes care of the children entrusted to our recreation programs? We do. Who makes sure our parks are clean and safe? We do. Who performs the daily business of the City administration? We do. These men and women have dedicated their working lives to make Miami a cleaner, safer, nicer place to live. They work hand in hand with police and fire to dispatch the calls and fix the equipment. They need to serve us all. You're being asked by property owners, some of who do not live or work in the City, to eliminate a fee for which there is a real need. Sanitation services can and should pay for themselves. Surely, you cannot sacrifice parks and equipment safety solely because some do not wish to pay for their share of government. On the way here today, I saw many red ribbons and the Just Say No to Drugs program. If we want our children to say, no, we have to offer them an alternative. One clean, well staffed park can save more children from the horrors of drugs than all the ribbons in the world. People like us do the work that government promises to its citizens. If you turn your backs on us, you turn your backs to the need of all Miami. No one want to pay more fees or taxes but it's a cost we cannot afford not to pay. If the proposed fee is inequitable, then fix it. If the burden is not shared, then share it. We're being asked to do much more with much less. Ten years ago, we had over a thousand CETA employees to supplement our work force. Ten years ago, we had fewer parks, less police and fire vehicles and a lot fewer buildings to inspect and maintain. I wonder if these paying the fees have kept their prices the same for ten years? Your City workers deserve respect and thanks for the jobs they do and the sacrifices they've made. They won't deserve to be rewarded for a life time of service with a pink slip because of the lack of courage on the part of the Commission. Say to Miami that good government has a cost we must all pay. Be brave and true to your oath of office. You can fix the fee, alter the fee, but you must keep the fee. Our lives are in your hands. Don't let our good work be in vain. Thank you. (Applause) Mayor Suarez: Thank you for your statement. Usually we ask for no clapping, you know, because it means that we're able to move on to the next item but it's a good exception today so we hear from all of our employees in the largest union in the City, I guess. And, as you pointed out, perhaps in many, many ways the one that contributes the most to the citizens, realizing the services they get, because you're rendering some very, very essential services to - and very well, by the way. I have to say that from everyone we've talked to, they feel that the City has improved as the Miami News once said, we are 175 May 12, 1988 giving more for less because we have managed to keep taxes - and actually reduced them last year - and, for myself, I agree with the statement made. Anything from the Commission? Mrs. Kennedy: Well, I was out of the room for a little while. What have we discussed exactly? Mayor Suarez: They were supporting generally the fees that may be charged for certain uses and, otherwise, begging for no layoffs. Bob, is there anything else that... Robert Klausner, Esq.: Very briefly, Mr. Mayor, Robert Klausner, representing AFSCME local 1907. Just to add to what brother Cox has said, this evening we're going to be having .a continued debate over the user fee which was discussed, the garbage franchise fee and the cleanup fee. The Manager tells us that the ice upon which the budget skates is razor thin and you see man and women here... we wanted you to see that, you know, your workers are real people and that there's flesh and blood out there and a lot of them brought their children. And many of the people who face layoffs have been here for 20 years and the reason that someone who's been here for 20 years faces a layoff is because over the years, we've abolished positions and abolished positions and now, perhaps, only the senior remain. And that for an entire City of this size, you may only have a few carpenters and a few electricians, a few mechanics to run all of the rolling stock for a large police department, a large fire department, for the sanitation department and the rest of the City. And the work that they do, goes unrecognized because it's not something that's a glamor job. And, you know, we recognize that our brothers and sisters who work in the police and fire department do a valuable job too, but we don't want our jobs to be forgotten because they're not as visible. And I want to emphasize the fact that the parks that the children in this City play in, the alternative that we give people to crime and to drugs, are staffed and run by these people. The recreation programs that these children look to and the summer is coming, are staffed by these people and I know that it's not pleasant to ask the citizens to bear more fees, but sometimes you have to say, can we afford not to? And, as Charlie Cox said, this is one of those times when we can't afford not to. Now, after the last Commission meeting, where the fee was discussed, I discussed with the Manager and with the City Attorney changes which were proposed to make the fee more equitable and to spread the burden from the small property owner to the larger property owner in a better position to afford it. And, perhaps, that's the answer. Or to make others who haul your garbage pay a franchise fee for the privilege of making the money and I think that's fine too. But what the Commission will ultimately have to decide today is, are we going to do what's right or are we going to do what's expedient? And what's right, isn't always what's pleasant. But what's expedient is what's wrong. It would be wrong for the citizens to deprive them of the valuable services that these people perform and it would be wrong to say to these people, thanks for all your work for 20 years, but we can't have you any more. And all I want to add is that we thank the Manager for sticking to his word. You know, it's not often that you hear a union come to City Hall and say to the City Manager, he's a man of his word, he's done what we asked and he's done what he said he would do. Because when he's wrong, there's never a lack of people telling the Manager he's wrong. But this is once where the man said, the union made some concessions and my word is no layoff. We want you to help the Manager to remain a man of his word. Thank you. (Applause) Mayor Suarez: Thank you, Bob. Madam Vice Mayor. Mrs. Kennedy: Mr. Mayor, let me tell everyone here where I stand. I think that this is something the City has to deal with sooner or later. The governor has already stated that if municipalities don't adopt this fee, then it's going to be mandatory. But I feel that we should do this in an equitable and non discriminatory way. And my question to the City Manager is, if we include apartment buildings, how much will the fee decrease? Mr. Odio: It would raise, instead of 1 million, the way we have revised the fee, as it's here in the agenda, it would go from 1 million to approximately 2 million dollars. That, in addition to that... Mrs. Kennedy: OK, why don't we stick with the $1,200,000 but include apartment buildings so that instead... maybe an apartment owner instead of $160, will pay $175 or $180. 176 May 12, 1988 Mr. 8dibi I have no probietn with that whatsoever. Mrs, Kennedy: Can,.. Mr. Odio: What I would suggest what we can do today, if you with, instead of passing the ordinance as an emergency.,, Mrs. Kennedy: And then next Week come back... Mr. Odio- To pass it as a first reading and than bring it back as amended by the Commission today if you so with. Mrs. Kennedy: OK, because I've been meeting with a lot of people on this. I've met just with the realtors alone about four or five times and I think it would be much more equitable to include the apartment dwellers because these are commercial properties. Mr. Plummer: Well, there's a lot more that's got to be considered as far as I'm concerned. I've said all the way along, that the fees have got to be increased, everything in life is going up in price and salaries are going up. There's no question. For example, one of these questions on this new proposal that you made, Mr. Manager, on the linear foot. Aren't you, in fact, jeopardizing the person who lives on a corner? Mr. Odio: No, sir, we are not, that is excluded. He will pay for only the one side that the street is swept. He will be exempted from the other side. That is excluded. Mr. Plummer: Mr. Manager, you spoke at the last meeting that if, in fact, you were to take and raise the fees of the homeowners from one sixty, what it is now, what would it have to go to to be raising the same amount of money from one sixty to what? Mr. Odio: I believe that if you raise it for every $10 you raise, you raise about a million dollars. I think that's the ratio, I could... Mr. Plummer: And this proposes to raise what? Mr. Odio: No, I didn't propose the homeowners at all. Mr. Plummer: No, what is this ordinance proposed to raise as presented... Mr. Odio: To raise about a million two. Mrs. Kennedy: Every $10 raises $600,000, if I remember. Mr. Odio: Yes, that's on the homeowners, on the homeowners, right. Mrs. Kennedy: Yes, yes. Mr. Odio: But this one raises a million two, right? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Odio (OFF AND ON MIKE): Oh, no, no, no, I'm sorry, I'm talking about this. It's a million... be to a million, two. Mr. Plummer: Oh, my question still goes back to the same. We're paying $160 in the City, what are they paying in the county? Mr. Odio: $240. Mr. Plummer: Two, forty. Mr. Odio: Yes, sir. Mr. Plummer: And for that, they have front yard pickup instead of back j yard... Mr. Odio: They have curbside, they have three men per truck versus.., 177 May 12, 1988 Mr. Plummer: And they only have trash twice a year by Cali in. Mr. bdio: Yes, sir. Mr. Plummer, §o their service is nowhere near, in cofiparison to ours, yet, we're $80 cheaper. Mr. Odio: Well, I think we have the best service in garbage pickup in the country. Mr. Plummer: Well, I agree, but are we saying that we're giving a service for a fee that's not fair? That's the point I'm trying to make. Now, needless to say, you know, to me you got to spread it across the board. The downtown building's have got to pay, everybody has got to pay because everybody is serviced. Mr. Odio (OFF MIKE): Yes, I... Mr. Plummer: And that's the name of the game and that's why I have said I have voted against this until you come up with a fair and equitable formula. I don't think this is a simple situation to be equitable to all facets of who receives the service. And I've told you before and I'll tell you again, the day you come with something that I think is equitable I'll vote for it. It's just that simple. Mr. Odio: Well, why don't you... Mrs. Kennedy: Do you think that including apartment buildings is more equitable? Mr. Plummer: Well, including apartment buildings are not only commercial but they generate more garbage because more people. Mrs. Kennedy: Exactly. Mr. Plummer: So, I have no problems with apartments being assessed just like everybody else. I mean that, you know, a man and his wife live in an apartment, that's their home. I live in a home, that's my home. They're going to generate, basically, the same amount of garbage that I do in my home. The questions, I guess, I'm really - why are we so cheap on our homeowners? I mean, I don't want the homeowners to get it in the ear again, OK? And I would fight for that. But somewhere across the board, there's got to be equity. Sure. No, they should have to pay. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: No, I'm saying not to raise unless you have to raise it. Mr. Manager, in your present proposal, how do you address the condominium owner? Mr. Odio: We're not, at all, we're just addressing commercial... Mrs. Kennedy: They're exempt. Mr. Plummer: Is that fair? Why should they skate? Mr. Odio: It's a policy decision, Commissioner. Mr. Plummer: This is the point I have continuously raised with your, sir. I'm not finding fault with you at this particular time because at least you're trying. Mr. Odio: Well, you want me to take - you want me to tell you my honest truth about this? I'm trying... Mr. Plummer: Well, I would hope you didn't tell me your dishonest. Mr. Odio: I'm trying to get what I can. You know, I can count and I didn't want to get greedy and get too much money and then I get turned down. Mr. Plummer: But why, Mr. Manager... Mr. Odio: I'm try to crawl before we... 178 May 12, 1988 ■ Mr. Plummer: ... do you take, why do you take and allow people who own condominium to get away with no money? That's not fair. What? Mr. Odio! Well, I'll be glad to, I'll be glad to... Mrs. Kennedy: Plus, I'm not saying that you get greedy and increase the revenues, I am saying that you decrease the individual taxpayers by including more... Mr. Plummer (OFF MIKE): He's not off, he's paying $160 now. Mr. Odio: Well, if we increase - if we add the apartment buildings, we will increase the revenues. Mrs. Kennedy: The amount decreases... Mr. Plummer: He's paying a fee. Mrs. Kennedy: The amount decreases. Mr. Odio: Oh, you mean to reduce this one even more for the commercial business? I think this is a very fair fee. Mayor Suarez: Yes, this really reduces it about as low as you can possibly get. Mr. Odio: Really, it's really a very fair.... if I were to present it to various groups, I know some people might object but I got word today that the executive board of the Latin Chamber of Commerce thinks it's a fair fee. And they're willing to say so in public if asked. So... Mayor Suarez: Well, Mr. Manager, and all of you from AFSCME, we appreciate the input, I think the Commissioners who want to express their views on what you've stated are welcome to do so at this point. If no one has any more statements to make, we will be getting to the item that has to do with the fee today which I believe is item 85. We have a lot of people who have been waiting on many other items... Mr. Odio: It was issue... it was set for... well... Mayor Suarez: OK. UNIDENTIFIED SPEAKER: Excuse me, Mr. Mayor, could I speak for a moment there? Mayor Suarez: When I finish. I think that what the Manager's been trying to do makes a lot of sense and I agree with it that at least we get this fee passed when the time comes and we've got it scheduled for today and we may very well consider, and I think it's actually equitable to go to multi family residential units, including condo units. Whether we do that right away or not, believe me, depends a lot on our having to think about what the impact would be when people all of a sudden receive this without prior warning, which is what we did before. So believe me, we're going to try to figure out a way not to rush into it and I myself favor it but I do think that we're going to have to give them a little bit of a warning so that we don't have the problem that we had last time when they got the letter indicating we would impose some kind of a fee and then the fee charge• within 3 days, I believe it was, and there was just kind of a horrendous reaction. It really was an over reaction, I think, but... So, unless any Commissioner has any other statements to make, we're going to get to your item, it's item 85 and I don't believe anyone has asked to have it heard at this point. UNIDENTIFIED SPEAKER: Sounds like it's been heard all night now. We'll get to it. Mr. Rodney Chain: OK, my name is Rodney Chain, I'm not a... Mayor Suarez: No, sir, we're taking input from our largest union. That's what we've taken input from. And we're happy to take input from them just about any time. They're our employees and we want to hear their views. Yes, sir. 179 May 12, 1988 Mr. Chain: OK, I'm not a member of AFSCME as someone's pointed out there, but I am concerned worker and concerned citizen. I reside in Dade County but I work for the City of Miami, I've been with the City of Miami for six years. And, I guess a couple of things that I'm concerned about, you know, I've listened to what you guys are saying and I've heard other comments. We've talked about the tax base and taxing folk and, you know, there have been articles in the paper and maybe no one can answer it right now, but I get some kind of concern about that we're talking about times of rising costs, yet, for some reason, we're cutting our revenues. I don't know who made the decision, I'm not really asking that but that - something that I think needs to be addressed and perhaps given, you know, answer given to the citizens. It's been pointed out on more than one occasion, for some reason, you know, we can't assess the folk there so we can't assess them that. Mayor Suarez: Our revenues from real estate taxes have gone up roughly at the rate of about 4 percent a year. Mr. Chain: So is it then correct what the paper was saying that we cut our taxes by 2.3 percent last year? Mayor Suarez: We cut the millage rate but since the valuations went up, we had new properties on line, we had about $240,000,000-$250,000,000 of new construction and $140-$150 of increased valuation. The result was, a little bit increase in revenue but we cut the percentage of taxes. We cut the millage rate. Mr. Odio: If I may, I think did tell him this. The reason we lowered we lowered the millage is to begin to create a spread from the millage cap. If we raise the millage cap today to ten mills, we would raise three and a half million dollars which is nothing compared to the revenues the City will need to meet commitments that were made in the past by other administrations that have to be paid for in years to come and I refer to the Gates Case specifically and other commitments that were made, five or six years ago, that are affecting the City, plus the loss of general revenue sharing that is gone that was 9 million dollars a year. When we were doing, and I think it was, I stand by that, no matter what, that we need to bring the millage down and begin to create other revenues that will put the City in a good financial and solid position. Right now, if we went to 10 mills today, we would only raise three and a half million dollars and that's nothing. Mr. Chain: Like he says... Mayor Suarez: We need to have some kind of a comfort zone there and the citizens are also asking for tax relief as you might know and those who live in the City know why. Mr. Chain: Well, I agree with that, but then again, if the costs are going up and you're not doing anything... Mayor Suarez: Well, we're going to have plenty of time to discuss the budget, we're going to have budget hearings and you're welcome to come to them, we did want to hear from the union even though they didn't schedule... Mr. Chain: OK, all right, OK...I'm not going to discuss the budget, I want... OK, I want to say one last thing in reference to... Mayor Suarez: Sir, wait, let me finish... Mr. Chain: OK. Mayor Suarez: Even though they didn't schedule their visit here today, and we do appreciate if you let us know in advance and get the item on the agenda, but we wanted to hear from you, you are the largest union. Yes, sir, are you finishing? Mr. Chain: OK, yes - well, this is the last thing here, this is along the lines of ethnicity, or whatever you want to call it, and I'm speaking about black folk in general. A friend of mine asked me earlier, I noticed that rarely do black folk come to the Commission meetings and I notice today that we have quite a few here which makes me think for some reason, the black folk are a little concerned. We're talking layoffs now, which is, I think, one of the main concerns here. And I think for some reason and I feel this way to 180 May 12, 1988 myself, I've been here for a little while and I've seen certain things happen, that the fate of the black man is somewhat in doubt right now within the City of Miami. Now maybe I'm wrong about this, fide, I..: Mayor Suarez: Oh, we're not going to get into that philosophical diaeussi6n, Do you have anything to say... Mr. Chain: No, it's not philosophical, sir, it's not philosophical, I am saying this though... Mayor Suarez: Sir, I'm going to cut you off at this point. Now, ma'am, are you from the union? Mr. Chain: You won't listen to me. Mayor Suarez: Sir, you're welcome to come anytime and discuss budget or philosophy or the fate of the black man or any other kind of man, but we're hearing from the union right now, sir. Mr. Chain: Well, I think it's important though, Mr. Mayor, that we do address the condition of the black man in the City of Miami. I think that's a problem we need... Mayor Suarez: And I guarantee you that in meetings we've had. a fair representation of all the ethnic groups and, if not, just come more to the meetings and you'll see. Ms. Ursula Wells: OK... Mr. Chain: At some meetings, sir, but I'll leave at this time... Ms. Wells: The only thing I wanted to say was, I would hope that when you people go into session, that you would take under consideration some of the ideas and suggestions that have been brought to the floor today in reference to corner people and equity across the board. Please take those things into consideration. Thank you very... Mayor Suarez: Thank you for your statement, ma'am. Mr. De Yurre: Mr. Mayor, I have a couple... Mayor Suarez: Anything further from the Commission? Commissioner De Yurre. Mr. De Yurre: I have a couple of questions on things, mostly out of curiosity. How many of the AFSCME employees are 20 year old veterans? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. De Yurre: How many of the total? Not how many you have here, just a count. Mr. Klausner: Raise your hands if you're 20 year veterans. Mr. De Yurre: How many? Mr. De Yurre: You have no idea how many you got? UNIDENTIFIED SPEAKER (OFF MIKE): That are 20 years with service? Mr. Klausner (OFF MIKE): Maybe one out of five, one out of six. Mr. Cox: I'd say at least one out of five, maybe more. Mr. De Yurre: Twenty percent, you'd say? That's a lot of years of service, that's great. Another thing that I would like to get, for my own edification, you know, you've talked about a promise made by the City Manager and I'd like to know, you know, what that promise was so I can be aware of it. Mr. Klausner: When the union agreed that to take no pay raise for the 187-088 fiscal year, and agreed to freeze step increases for the 187-188 fiscal year and agreed that employees hired after January 15th of this year, would start 181 May 12, 1988 e 25 perceht below the prevailing wage rate, the Manager said, no layoffs and that was the trade. He says we've got difficult economic tithes ahead and the union said; we want people to keep working and we want to make sure that there are going to be jobs for people because we can have the highest wages in the world, but if there ain't nobody working, it doesh't matter what the cohtract says... Mr. De Yurre: OK. Mr: Klausnere And the promise was and the handshake given was that in return for that, no layoffs. Mr. be Yurre: inhere, just for my own, again, edification, where in the contract is that paragraph? Mr. Odio: It is not in the contract, Commissioner. It is not written in the contract, Mr, be Yurre: But there was something about no layoffs because I read the contract, Mr. Odio: No, the contract referred to privatization, that we would go into privatization and replace union members going to the private sector. That is in the contract. Mr. De Yurre: Don't you feel, Mr. Manager, that such an important commitment such as no layoffs period, which is what you're talking about, not just due to privatization but no layoff period, should have been part of this contract if they're coming here to us now asking us to abide by that agreement. Mr. Odio: No, I felt at the time that we were discussing this as men negotiating, face to face, for many, many months, that I saw for the first time, and since I've been negotiating and I have been doing that for 18 years of my life, a group of people that really care for the City of Miami. I was touched by that and I am still touched by that, that a group of men and women would decide that they wanted to work with the City and create the second tier or the two tier pay plan, which is, in fact, 25 percent less to the future employees of the City, they were thinking about the future of the City. I was thinking of the future of the City. I don't believe that there are certain things that are said during negotiations that can be put into a contract. I did give my word that I would not lay off these people because I felt that if they were willing to sacrifice themselves for the City, that we should do the same for them. And it's up to me, it would be very easy for me just to lay off a hundred people tomorrow, I have no more financial problems, but there are many ways we can resolve the problems in the future and I think that working together, they have increased their efficiency. For instance, the garage is working better than ever before and the police department will vouch for that, that the police cars are all running. I think that I did the right thing in giving my word. I don't believe that was something that should be put in a contract. We did put in the contract the fact of no privatization and for the three years that the contract runs for. Mr. De Yurre: How many non union employees do we have in the City? Mr. Odio: Non union, I believe as it runs about between five and six hundred. Mayor Suarez: Are you saying non union but discretionary or... Mr. De Yurre: Non union. Mr. Odio: Four hundred, I standard corrected. Four hundred. Mayor Suarez: Or non discretionary? Mr. Odio: Non... Mr. De Yurre: That don't belong to the union, that are not under this promise. Mr. Odio: Four hundred, four hundred, 182 May 12, 1988 3 Mr. be Yurre: How many of those do you figure are twehty year, are there any that would be 20 year employees there? Mr. Klausher: Some. Mr, Odin: I don't know, Commissioher. Mr. Klausher (OPP MIKE): Some of them are. Mr. De Yurre: Now many? Mr. Odio (OFF MIKE): I don't know. Mr. Cox: Some are, probably more. Those are managerial:... Mr. Klausner: Most of those are management people to they've worked their way up the ranks too. Mr. De Yurre: OK. Mayor Suarez: You mean, unclassified. Mr. De Yurre: So, I think it's important that, you know, if we're talking about possible layoffs, if it comes to that, that just as we have 20 year veterans in the union, there are 20 year veterans that are non union. And, is there a distinction between one and the other? Mr. Klausner: They weren't asked to take the cuts that we were. Mr. De Yurre: Well, they don't have to take the cut, nobody took a cut here. It's anybody that comes in afterwards. Mr. Klausner: They weren't asked to forego raises that they would have gotten otherwise and that's the difference. These step increases that would have benefited probably nine of the 1200 people represented by the bargaining unit that were frozen, that was a give. That was a give of a step increase that's a program that's been in place for many years and those are the type of increases which managerial personnel were not required to give. And, in fact, some managers were even able to get a raise this year. You know, God bless them if they can get it. But, when you ask a group collectively to make a sacrifice, you know, you give your hand. I've been doing labor negotiations for 12 years. In fact, I started out doing it right here working for this City and I know that there's one thing that governs all of labor relations. If your words not good, nothings good and you can write it all down and arbitrators can arbitrate it until the cows come home, but the good faith and the promises that pass between one negotiator and another, one person and another at the table is what is the social contract that keeps the people working. Mrs. Kennedy: That's right, I agree with that and I feel that the manager gave his word, even though it was just verbal, it's just as good as any contract. And he should keep his word. Mr. De Yurre: Of the 400 that are non union approximately how many of those are received - you know, what kind of pay raises have they received this year? Mr. Odio: If they are above 45 thou... anybody above $45,000 have not received any raises. Mr. De Yurre: How many are those out of the 4007 Mr. Odio: I need to get the figures, I... Mr. De Yurre: Well, roughly. Mr. Odio: Two hundred of them are above forty-five thousand and up, they have not received any raises since I've been here as City Manager. Mr. De Yurre: OK, so we're talking about half of that, 400 is in the .same boat as you are. Mr. Odio: But they have received their anniversary increases. 183 Mr. Da Yurra: How does that work? Mr. Odibi F v6 percent if they're entitled to the step they would rataive it, an, I correett INAUbIDLE COMMENTS NOT tNTE"b INFO T149 pUSLIO nCOAD. Mayor Suarel: Unclassified? Mr. Odio: They didn't get anything either. Mayor Suarez: They shouldn't be receiving any automatic anniversary increases. Mr. De Yurre: So they haven't gotten any. Mr. Odio: No, well they normally did get its Mr. Mayor. Mr. De Yurre: But this year... Mr. Odio: Normally, when the union get any benefits of increases, the unclassified people would get the same. Mayor Suarez: Well, they've... make sure you clarify that to us at any time because, you know, I... Mr. Odio: Well, but that's not been done lately. Mayor Suarez: OK. Since I've been around, I don't think it's been done... Mr. Odio: No. Mayor Suarez: ... and you've been telling us that it hasn't been done. Mr. Odio: But that was part of the process, that's why we're here in the situation we're in today because as we analyze together, the contracts of the past, from 1982, I believe, through '85, the average raises to City employees, went about 45 percent, the salary increases in one way or the other. And that's why we're facing the crisis that we are today too. Mayor Suarez: Let me just restate that point, that up to now, at least since I've been around, and unless. I've missed something, the policy has been that we have frozen the salaries of unclassified employees. You've made... Mr. Odio: Anybody above $45,000 have been frozen for the last two and a half years. Mayor Suarez: And unclassified. Mr. Odio: Unclassified. Mayor Suarez: Classified over $45,000 have gotten some increases. Mr. Odio: They still get it because the captain's, yes. Mayor Suarez: Right. Mr. Odio: They get the same union.... Mayor Suarez: They're part of the union, they get paid a heck of a lot more than some of the other union members, but they're part of the union and one of the things that we have discussed in the past is that the increases should not be on the basis of a percentage because, you know, five percent of $20,000 is a heck of a lot less than five percent of sixty or seventy thousand that some of the higher paid unclassified employees are getting. Mr. Odio: Again, the only salary increases we gave this year were for four z people and the four were promotions. They were promoted from directors, for instance Sergio Rodriguez was promoted from director of planning to assistant City Manager, and he got his normal, I believe it was 7 percent increase, I can stand corrected on that, maybe ten, but he kept the title of director so 184 May 12, 1988 R F he now holds two jobs, the director of planning and assistant City Manager. The other three are the same. In the case of Ron Williams, director of GSA, he took over when Art Mullens retired the directorship of purchasing. He's how director of GSA and director of purchasing so those are the people that have been adjusted, five of them and they deserve it. Mr. Cox: Mr. Mayor, we don't begrudge anybody. If anybody gets a raise, good for them! The point is, our people are worried about staying on the job. And I want to thank you, Mr. Mayor, for seeing us. You gave me the courtesy of speaking with one yesterday and squeezing us in there. You got hundreds of employees here and I think I speak for them all when I say, you've treated us right in the past, we expect you'll continue to treat us right in the future. Thank you, Mr. Mayor. Mayor Suarez: Thank you and thanks to all of you for being here. Mr. Dawkins: Mr. Mayor. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: Mr. Mayor, we up here who miss what's being now, I've said it before, I'm going to say it again, I do not see how we can maintain the same level of services without finding additional funds. Now, we can sit here and say it, it doesn't make sense. All right, now, you say we've got two pots and you say that this is a fixed pot and this pot is going to meet the service needs. This is the pot that you've got to pay. The cost of living causes this pot to go up, the cost of equipment causes this to go up, the cost of supplies causes this to go up and we've been borrowing from Peter to raise this one up. You've reached a stage in this City where we can no longer pretend, in my opinion, that we can retain the same level of services without additional funds. Now, somewhere, some how, something has to give. OK, either you're going to have to reduce the level of services, you're going to have to reduce people, or you're going to have to find some money. Now, I've said it before, I agree with you, I appreciate it and I'm glad to see you here because every time I yell and scream for sanitation and for parks and recreation, everybody say I'm yelling for black folks and you can see back there for sanitation you got Latins and black and whites and same thing in park and recreations. So I'm glad to see all of us here and all of us suffer equally. But I want you to understand, that somewhere along the line, you're right, something has to give and for the last - when Howard Gary was here, in order to bring up the police department the areas that suffered were sanitation, parks and recreation. Parks and recreation was cut constantly in order to get more police and we don't have anybody in the parks now. Mr. Cox: By 112 people. Mr. Dawkins: OK, so there again, and the Manager realized that when he gave you his word, which was good enough for me because if he doesn't have our backing to give his word, then we don't need him negotiating, OK. So, he realized that when he told you that you had lost 112 people and he didn't think that you should lose any more. But, I say for me, OK, and I have to run in 189, somewhere we're going to have to find some resources. Mayor Suarez: OK, thank you Charlie, thank you Bob, thanks to all of you. And thank you for the fine work you're doing. (Applause) 185 May 12, 1988 0 I 50. DISCUSSION AND TEMPORARY DEFERRAL OF ALLEGATIONS AGAINST SOCIAL ACTION AGENCY (SEE LABEL 52) Mayor Suarez: Commissioner De Yurre, you wanted to call up an item. Mr. De Yurre: Mr. Mayor, I'd like to get item 77... Mayor Suarez: Somebody has to get back on the radio, I think is the reason. Mr. De Yurre: That's the issue on Social Action Agency. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 6:30 P.M. AND RECONVENED AT 6:38 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. Mayor Suarez: Are we getting a report from the City on the investigation carried out, Mr. Manager? Mr. Odio (OFF MIKE): Yes, sir. Mayor Suarez: On the social services of what, Little Havana, right? Mr. Odio (OFF MIKE): Oh, I'm ready for... Mayor Suarez: I hope you are because we're ready too. Mr. Odio: I sent you a memorandum, I believe yesterday and I have met with the internal audit department and I have also talked to the internal security department of the City of Miami Police Department. And I feel that - well, let me put it on the record, what we found and then it's up to the Commission to decide what you... Mr. Dawkins (OFF MIKE): What is it, 71 or 77? Mr. Odio: It's item 77. After we were ordered... after the internal audit department and their review the Social Action of Little Havana, Inc., we've discovered that they had not disclosed the sources and amounts of additional funds received during the contract term, a total of $1613.84. They did not meet the delivery goals that were set when they obtained the grant. They had averaged approximately 200 deliveries per month, compared to the work program goal that they had set by themselves of 1,750 a month. Mr. De Yurre: Seventeen fifty and they only service 200? Mr. Odio: They only serve 200. They did not apply generally accepted accounting procedures in preparation of his bank accounts or maintain a separate account for City of Miami funds. They did not provide financial reports to the board of directors or maintain adequate personnel policies. In addition to that, Social Action of Little Havana, Inc.... Mrs. Kennedy: What's he reading from? Mr. Odio: ... violated federal regulations by collecting... Mr. Plummer (OFF MIKE): A report, he supposedly sent us a memo. Mr. Odio: ... delivery fees for USDA donated food totaling approximately $6,000. The Social Action of Little Havana, Inc. has violated the terms of the agreement as shown as I mentioned on number one and two above. Section 4.17 default provisions of the agreement allows the City of Miami to terminate the contract and not disburse any additional funds. And I recommend that we do not - that we do so, that we terminate their contract. Further, the auditor found that the Department of Community Development had disbursed $20,891 with a written assurance that Social Action Agency of Little Havana would account for funds received. The auditor examined expenditures totaling $25,891 and disallowed expenditures totaling $2,317. The City will invoice the Social Action Agency for $2,317. In addition to this, Commissioner and Mr. Mayor, in my meeting with internal security department yesterday of the 186 May 12, 1988 Polite Department, they had been investigated, the allegations that they had an employee working in her house and they were paying her, and that the executive director of Social Action Agency was cosigning the payroll check with the clerks. But they have concluded that there was no criminal wrongdoing but, however, internal security has expressed concern regarding the lack of any documentation supporting work performed at home by this same clerk for a two and a half month period. The City's auditors disallowed salary expenditures of $2,060.96 based on the clerk's unsupervised and questionable work. The State of Florida Department of Health and Rehabilitative Services, Miami office, conducted a site visit of the same agency on May 5th and they have recommended to stop the disbursement of food for June. This is our report and again we recommend that we terminate this contract. Mr. Plummer: Well, let me ask this question. The monies which we put forth were for the delivery of the food, correct? And only for that. OK. If the State of Florida is going to terminate their receiving of the food, then they have no reason for our money. Mr. Odio: That's why I said that we should terminate and then get it over with. Mr. Plummer: Well, but I mean, our money was for delivery, there is nothing to deliver, is that correct? Mr. Odio: That is correct. According to the report we get from HAS, they have stopped them from delivering any more food. Mr. Plummer: Well, let's hear from... Mrs. Kennedy: Let's hear because they're saying no. Mr. Plummer: He's shaking his head the other way. Mr. Gene Sanchez (OFF MIKE): The first, I don't have a copy, and we request somebody. Mayor Suarez: You can say that right in the mike, Gene. Go ahead, give us your name. Mr. Sanchez: My name is Gene Sanchez, I am the chairman of the board of Social Action Agency. I do not have the copy of the... Mayor Suarez: That's unusual, he didn't get a copy of the report before today? Mr. Carlos D'Mant: I can give him one. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Odio: The director, wait a minute, wait a minute, excuse me... Mayor Suarez: I am tempted to tell you that you have to stay on that side of the room, except that it would probably be unconstitutional... Mr. D'Mant: I'm giving him a copy, sir. I was trying to help him. Mr. Plummer: To an early grave. Mr. Sanchez: The first question that is indicated there that we received $1600 from the State of Florida. We have not received that amount of money. We have not received anything from the State of Florida. The second question is that we are offering 200. We have an aggregate... Mayor Suarez: Well, Gene... Mr. Sanchez: Yes. Mayor Suarez: ... are you saying 200 people being served total? Mr. Sanchez: This is - I don't know what the figure comes from because we can demonstrate... 187 May 12, 1988 Mayor Suarez: What are you saying, what are you saying? Mr. Sanchez: that we have, as an aggregate, served... Mr. Odio: I heed to clarify this, l did hot say the State of Florida gave him $1,611, 1 said that they did hot disclose the sources and amouhts of additional funds received during the contract term. Mr. Sanchez: From who? I don't- yes. Mr. Plummer: Well, can I get to a bottom line? Bottom line is that he said that the State of Florida is not giving this agency any more food. Our money was only for the delivery of the food. If there's no food, no delivery, what's the need for the money? Has the State of Florida cut off your source of food? Mr. Sanchez: Not so far. Mayor Suarez: As of yesterday - we just happened to get the recommendation yesterday, day before the Commission hearing. Mr. Plummer (OFF MIKE): Yes. Ms. Hattie Daniels: Commissioners, Hattie Daniels, acting director, Department of Internal Audits and Reviews. In response to your question, Mayor, what we have found is that there were two grants that were not disclosed to us. One, we're not saying that they received all of the money, but one grant was from the State of Florida, HRS, for $15,000 and of that they had already received $1,400 of that. The other one was Lutheran Ministries, which they received some $256; that's basically what we're saying on number one. And, in response to you, Commissioner Plummer, what we're saying is that HRS has conducted a site visit on May 5th of this year and they are now recommending that no food be distributed for the month of June. So that will be next month. Mr. Plummer: Well, I guess my problem is the accusations or allegations made here before were because they related to food that was not good or bad. Mr. Odio: We turned that matter over, Commissioner, to the HRS and they're investigating with the FDA and all that. Mayor Suarez: We don't have a report on that at this point? Mr. Odio: No, it's under investigation. Mr. D'Mant: I do, sir. Mayor Suarez: We're conducting the investigation, Carlos, not you. Gene... Mr. D'Mant: I'm sorry. No, no, the HRS. Mayor Suarez: ... what is the number of people that were served by you? Mr. Sanchez: In the last month, we served, because we have two types of food, the food that is privately donated and the food that from the USDA, which is the HRS food. Last month, and for the last four months, which include February - you know, since November or since December, we have served in excess of 1700 household per month. Mayor Suarez: OK, let me see if I get an answer on that. Were we able to verify that many? I could have sworn I heard somebody say that we can only verify 200. Ms. Daniels: No, sir, what we were able to verify, based on the delivery slips and, of course, you know, what we're looking at is verification, was approximately 200 deliveries per month verified. Mayor Suarez: Well, that could mean that we just only went to 200o verify. I mean we... Ms. Daniels: From the records, we could only verify... 188 May 12, 1988 Mayor Suarez: Oh, from records we can only verify 200... Ms. Daniels: ... from records that... Mayor Suarez: .:, but it's an exhaustive... Ms. Daniels: Search of what was... Mayor Suarez: ... search, and we can only find 200, Ms. Daniels: ... what's available and what they turned over to us, we could only verify 200 per month. Mrs. Kennedy: That's a big discrepancy. Mr. Sanchez: We can bring tomorrow... Mrs. Kennedy: Yes. Mr. Sanchez: ... to their attention, the figures and, on my honor, we can demonstrate that we have served that because that is what we are reporting. I don't know what else to say. Mr. Odio: To be fair, if they're willing to show us more documents, and we went through all of them, and we could only verify 200, I don't know why you didn't give the rest of the slips to the auditors. Mr. Sanchez: Because I didn't know that there was a finding. Like the request, you know, I don't know that there was a finding. Mr. Odio: I will ask, at this time, Mr. Mayor, to be fair and we've always done this in the City, to give him an exit conference. I wanted to have this report done today, that we give him an exit conference and bring it back so that they can... Mr. Plummer: Well, we're meeting again in one week. So let them provide the documentation. Mr. Odio: I have to stand by this as of this moment. Mayor Suarez: But we have to tell you that with the recommendation from HR - is it HRS? Mr. Sanchez: We don't know anything about that recommendation. Mayor Suarez: I didn't ask you, I'm going to tell you something, that with this recommendation that we were just informed of by Dr. Daniels and the City, that it looks like you're not going to be able to get the food, at least not the HRS food, in which case we're not going to give you the money to transport food that you don't have. So, but you can have another week to try to convince the Manager that all of that is not the case, if I have the correct feeling here. Mr. De Yurre: Unless, why don't we do it the other way? Why don't we take action on it and if there's a change, they bring it back? Mayor Suarez: Well, he just... apparently, he didn't have the report, he didn't have the letter from HRS, you know. Mr. De Yurre: You know, if we're talking about an exhaustive. investigation where it's been going on for months, you know, you don't - investigations don't depend on the results and then you go back and, OK, let me give you some more stuff. Mayor Suarez: Either way, it will be resolved in a week. I mean, it just gives them an additional opportunity not to be invalid and have their program invalidated. They're basically going to get an exit meeting with the Manager which means pretty clear indication that he's about to terminate the program. Mr. De Yurre: OK. Well, I'll move that we bring it back next week for final determination. 189 May 12, 1988 Mr. Odio: That way = I can recommend right now to terminate but now, if they feel they need to explain some of these issues hare+ let's give then an Opportunity and we'll bring it back. Mrs. Kennedy: Second. Mr. De Yurre: OR. Mayor Suarez: That was what the Commissioners have suggest and seams to be the consensus. Moved and second. Mr. D'Mant: Can I... Mrs. Kennedy: And do you now have a separate account for the City of Miami funds? Mr. Sanchez: We did have a separate account for a period of time but we closed the account because it was a very limited amount of money. Mr. De Yurre: I'm, I'm... Mrs. Kennedy: What happened to the money that was there? Mr. Sanchez: We separate in the account, we separate the checks that are paid from funds. The fact that you have an account, or two accounts, if you separate and identify the payments that are accrued to the City, that is the way we do it. It's perhaps, you know... Mrs. Kennedy: No. Mr. Sanchez: ... a matter of interpretation. If I say this check is for the City, which we provide to the auditors, the checks that were identified as City funding, that is why, you know. Mayor Suarez: All right, we'll finish this up in a week. Carlos, I'm sure you're not dissatisfied with the result and you've got to get back to your radio program. You've been very eloquent today. Mr. D'Mant: No, sir, I just want to say something... Mayor Suarez: You got... Mr. D'Mant: Just for the record, if I may. Mayor Suarez: Something. Mr. D'Mant: I can wait a week. And... Mayor Suarez: Looks like you're going to... Mr. D'Mant: ... and just in case that I could help you with the HRS, I have the report from the HRS, just in case I could help you and the report of the HRS found seven violations including the rotten food, including the bringing of the food from the Social Action Agency to the headquarters of Maurice Ferre and including also wrongdoings. Mayor Suarez: All right, we'll put the report... Mr. D'Mant: But I do have the report in case that you just... Mayor Suarez: ... into the record so you don't need to paraphrase it. Mr. D'Mant: All right, it's just I want to thank you for the attention that you have given us and I hope that the justice will prevail as usual. I thank you all and enjoy our cigars. Mayor Suarez: All right, sir. Mr. Odio: Can I have the copy of that report that you have from HRS? Mr. D'Mant: I'll have to talk with the HRS to see if I can give it you, Mr. Manager. Thank you. 190 May 12, 1908 Mt. Odio: OR, thank you, Mayon Suarezt All right, it'll be vary kind and generous of you if you gave us A copy beoause, otherwise, we would get it from you anyhow, Mr. D'Maht (OFF MIKE): No, you tan get it from me. I'll be glad to give it to you but I have to ask the HRS people. Mayor Suarez: All right, sir, thank you. Mr. D'Maht: You know, it's top secret information froth the Sunshine Law, Mayor Suarez: Are you sure these cigars aren't going to explode now if we... r. D Mant (OFF MIKE)t No, they're not from the... AT THIS POINT, THIS ITEM WAS MOMENTARILY DEFERRED. 51. CHANGE IN ORANGE BOWL PARADE ROUTE AND USE OF STAGE AREA IN BICENTENNIAL PARK GRANTED TO ORANGE BOWL COMMITTEE. Mayor Suarez: All right, you know, the only thing I can think of here, I know we've got a quick report from the Orange Bowl Committee and then we're just going to go down these items in the order that they're stated so that we can get through this. I've been asked to allow you to make a quick report. Not a controversial matter. Mr. Plummer (OFF MIKE): No, all they're doing is changing the parade route and staging area. Mayor Suarez: Changing the parade route, does everybody agree on the changes? Mr. Plummer: Mr. Mayor, it's what I recommended to them five years ago that they change the parade route and use the staging area in the park. Is there anything beside that? Is there anything beside that? UNIDENTIFIED SPEAKER: No, sir. Mr. Plummer: I move it. Mayor Suarez: Recommended by Manager? It's been worked out with the Manager and staff. , Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Commissioners, any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-452 A MOTION GRANTING A REQUEST MADE BY REPRESENTATIVES OF THE ORANGE BOWL COMMITTEE TO ALLOW A CHANGE IN THE KING ORANGE JAMBOREE (NEW YEAR'S EVE) PARADE ROUTE AND USE OF STAGE AREA IN BICENTENNIAL PARK. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: r K= AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Viet Mayor Rosario Ktnhedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: UNIDENTIFIED SPEAKER: Thank you, Mr. Mayor. Madam Vice Mayor, thank you. J.L., thank you. No seats, no tickets. Mr. Dawkins (OFF MIKE): Hey, hold it. You're changing the route where? Mr. Plummer: Changing the route, the staging area rather than in the DuPont Plaza to Bicentennial Park, that's all. 52. SCHEDULE FOR MAY 19, 1988, STATUS REPORT ON AUDIT AND INVESTIGATION CONCERNING SOCIAL ACTION AGENCY (SEE LABEL 50). Mayor Suarez: Now, before we do anything else, we have to have a roll call on the motion having to do with Little Havana Social Services because we never voted on that. Call the roll on that. Mr. Plummer: That was 66. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 88-453 A MOTION GRANTING SOCIAL ACTION AGENCY THE OPPORTUNITY TO HAVE AN EXIT CONFERENCE WITH THE CITY MANAGER; FURTHER DIRECTING THE CITY MANAGER TO SCHEDULE FOR NEXT COMMISSION MEETING A STATUS REPORT ON AUDIT AND INVESTIGATION CONCERNING SAID GROUP IN ORDER THAT THE COMMISSION MAY MAKE A FINAL DETERMINATION ON WHETHER TO CONTINUE FUNDING FOR THE TRANSPORTATION OF FOOD BY SAID AGENCY. 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. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: For what? Mayor Suarez: We didn't vote on Little Havana Social Services. Mr. Plummer: You mean to defer it for a week? Mayor Suarez: Well, to get the final report and give them the exit interview. 192 May 12, 1988`f =---------- ------------------------------ - 53. A. ACCEPT REPORT OF NATIONAL INVESTIGATIVE PANEL ON FIRE DEPARTMENT B. RESCHEDULE MAY 19TH MEETING TO COMMENCE AT 2:00 TO DISCUSS INVESTIGATIVE PANEL REPORT RECOMMENDATIONS. Mr. Dawkins (OFF MIKE): Item Seventy-one, please. Mayor Suarez: Oh, Commissioner Dawkins, you want seventy-one? Mr. Dawkins (OFF MIKE): Yes, please. Mayor Suarez: Which is? Mr. Dawkins (OFF MIKE): We've got two people that have been sitting here all day who are volunteers. Mrs. Kennedy: Oh, the panel recommendations for the fire department. Mayor Suarez: Item 71. This report has been postponed a couple of times. Chief, before you get into the report and Mr. Manager, when am I going to get a clear, very clear, unambiguous memorandum from yourself and the Chief to all employees in the fire department as to our affirmative action goals? The thing that was received at the end of the year does not do it, Chief. Mr. Odio: Yes, we will... Mayor Suarez: All that says is some verbiage about being an equal opportunity employer or something. That's not what we're talking about. Mr. Odio: No, we are absolutely committed to affirmative action and we will write so in a memorandum and... Mayor Suarez: Are you going to get a memorandum and make sure it filters to the ranks. They've complained that at different levels, that message doesn't seem to get through. It might get through from him to you, maybe it doesn't get from you to the assistant chiefs and then to the lieutenants, captains and all the other levels. Chief Colonel Duke: Colonel Duke, fire chief, City of Miami. May I speak to that one issue, sir? Mayor Suarez: Please. Mr. Duke: The policy statement that came from my office to all the members of the fire department was a combination of a report that was put together by the human relations panel of the fire department. It's made up of a wide ethnic group that was actually started in place prior to this document being put together and its guidelines and its base is on the military outlines for that kind of a policy statement. Mayor Suarez: We're not interested in the military, we have a consent decree signed as a result of litigation from the Justice Department, I don't know if the military has that or not and I don't care for myself and I think this Commission is on record as saying we want a clear enunciation of that policy to filter down through the ranks. Mr. Duke: I have got the... Mayor Suarez: And what the military does and what they have for their policy is no concern. Mr. Duke: Right, until the information came back from your office and Dr. Daniels' office, we were not aware that there were elements to one of those type of policy statements... Mayor Suarez: All right. Mr. Duke: ... so we're working on those elements to make sure that, you know, '< that comes together as is the statement from the personnel department to the 193 May 12, 1988 City. This report has been postponed for sometime to be presented to the City. It was actually presented to the City by the panel members that sat on the panel and I guess it's been brought back up now to make sure that the Commission has had the opportunity to review it, ask questions on it and officially accept it and move on some of the recommendations or resolve those situations. So I'm eligible to answer questions and Dr. Daniels said she'll respond as well. Mayor Suarez: Anything else from member of the panel? Ms. Nora Hernandez Murrell: Thank you, my name is Nora Hernandez Murrell, I reside in the City of Miami at 3898 N.W. 1st Street and I co-chair the City's Affirmative Action Advisory Board. One of the very important recommendations that was made by that national investigative panel had to do with the union local 587, International Association of Firefighters. Opinions concerning the professional Black Firefighters Association, as you well know, this past week or two the union has decided to expel the black firefighters from union local 587. The Affirmative Action Advisory Board grows increasingly impatient with the actions that move us in a backwards direction from the most recent positive steps taken by the fire department and as exemplified by this report before you. The implementation plan of recommendations made by the national investigative panel is a good, solid beginning. The union's refusal to abide by and total disregard for the recommendations made by that panel, and publicly in this Commission chamber where they were asked to leave the Professional Black Firefighters Association alone, have continued to be disregarded. While the City continues to negotiate with the union in good faith, the union continues to disregard these recommendations and proceeds along this path of confrontation and divisiveness and I say that it's in stark contrast to the attitude and posture that was demonstrated tonight by AFSCME. The Affirmative Action Advisory Board is absolutely committed to working very hard to resolve this present confrontation and on behalf of the citizens of the City, proposes the following. That the City take a very strong stand opposing the expulsion of the black firefighters from local 587. We question how the City can continue to negotiate in good faith with the bargaining union - which excludes a large portion of its constituency. That the City officials be reminded very clearly that issues related to affirmative action are upheld by the consent decree and not subject to bargaining and negotiation. That the City appoint someone to sit down with the black firefighters and explain to them what the repercussions of the expulsion from the union are in terms of their medical benefits, insurance and so forth. And that a team of two individuals, mutually agreed upon by the union and the professional Black Firefighters Association be appointed to mediate this dispute. One being an outside professional mediator and one being a representative of the Affirmative Action Advisory Board. Thank you. Mayor Suarez: OK, thank you. Commissioner Dawkins. Mr. Dawkins: Are you saying that the Affirmative Action Board recommends that we put two people on a panel to study, to work with the two... the white and black firefighters to try to resolve the differences? Is that what you are asking? Ms. Hernandez Murrell: That two individuals be designated to mediate between the union and the Black Firefighters' Association. Mr. Dawkins: Don, come down, please. OK, now, is anybody here from the Black Firefighters? Come down. Now, this will only work if these individuals are willing to do this. Are you ...can you speak that you guys are willing to try to mediate this? Mr. Don Teems: Yes, Mr. Dawkins, we have always been willing to meet. It depends on who the mediator is, OK? We want to have input. Let me say this, OK? - we have had no input into the Affirmative Action Board. They had a meeting yesterday, and didn't invite the Local to it, to come up with these kind of recommendations. They did invite the Professional Black Firefighters. Ms. Hernandez Murrell: Excuse me, they are represented on that board. Mr. Teems: Again I am going to say go you, that this panel is a part of the City of Miami, and if they are going to bargain, then they are going to be in the posture of the City of Miami bargaining, and I would ask them to be 194 May 12, 1988 careful about that, because that is going to put us in the safne kind of Posture we were in before, and that is not going to solve anything, Mr. Dawkins: OK, all right, wait now, before 1 answer that; are you guys willing to have some one attempt to mediate this? Mr. Ben Boykin: Yes, Mr. Dawkins, my name is... can 1 speak? My name is Ben Boykin, and I am president of the Professional Black Firefighters' Association, and yesterday 1 was at the meeting of the Affirmative Action Advisory Committee, and at that meeting, we had Captain Brice, who is vice president of Local 587, so they did have representation at that particular meeting yesterday. Mr. Dawkins: OK, now, you heard, the Commission heard them say that they are willing to sit down and mediate. I would move that we establish the board that was recommended by the Affirmative Action to mediate the differences. Mrs. Kennedy: (OFF MIKE) That is a good idea, I second it, Mayor Suarez: Moved and seconded. Mr. Teems: You too? Mr. Dawkins: Under discussion, Don, I agree with you, but it is not our position to get into the hassle about who is the bargaining agent of the union. Now, I do strongly recommend to the black firefighters, that if they think they have been wronged, they go get them a lawyer, and sue. Mr. Teems: No problem. Mr. Dawkins: OK, all right. Mr. Boykin: Commissioner Dawkins, it is not really an internal labor dispute, it is a civil rights issue here. The union has tried on every attempt to silence our organization, and when they couldn't do that, now they are trying to dismantle our organization and I just... Mr. Dawkins: Well, OK, that you can go get youa lawyer. Mr. Boykin: I do think it is in the realm of the Commission to address these issues. Mr. Dawkins: OK, all right, I understand, but see, right now, what we are trying to do is get back harmonious relationships so that you guys can go about the business of saving lives in the City of Miami. And the other thing we deal with, on a different level, if that is all right with you. Mr. Boykin: I would have to get back with you on that, Commissioner. Mr. Dawkins: All right, OK. Mayor Suarez: Mr. City Attorney, if the mediation panel were composed of two members of this Commission, as to that kind of a mediation, do we have to meet in the sunshine? Mr. Fernandez: Yes. Mayor Suarez: Doesn't come under labor negotiations, or otherwise exempt? Mr. Dawkins: Let's take member from here, and that be you, and let's get somebody else. We do not need the press and the media in this where we are trying to work out our differences. What do you think? Mayor Suarez: If the two parties accept me, I will be willing to mediate it, We might need a private... Mr. Dawkins: Get somebody else, Mayor Suarez: .,, non-member of this Commission, Mr. Dawkins: If one of the other Commissioners go, and what we are going to end up with is, you have got to call in the media, because of your sunshine law, 7, 195 May 12, 1988 Mr, Teens: I uhderstand that, Mr, Dawkihs: gee, to let's have the Mayor, and then, if that is agreeable to you guys, and then you guys decide on who you want from the private sector. Ms, Hernandez Murrell: The recommendation was that it be one outside person and one member of the Affirmative Action Advisory board, mutually agreed upon both by the union and the black firefighters. Mr. Teams: My problem is I'm not sure we can agree on one: Mr, Dawkins: All right I agree with that, but they won't accept the Affirmative Action offer, I mean remember. I know that without even looking at them, OK? Mr. Teems: No, sir. Mr. Fernandez: Commissioner Dawkins, even if you appoint only one person, even if the Mayor is the only person serving, it would still have to be in the sunshine. Mr. Dawkins: Why? Mayor Suarez: No, not if it is... Mr. Dawkins: Why? Mr. Teems: It is not in relation to the Mayor and I are not in the sunshine. Dawkins... Mr. Fernandez: No, the Mayor alone with not have to be, but if someone else is also appointed, then... Mr. Dawkins: (OFF MIKE) No, no.. (INAUDIBLE) Mr. Fernandez: All right. Mayor Suarez: OK, we shall meet then, that seems to be the only way we can do it, because if you try to do it in the sunshine, you will never reach an understanding. Mr. Boykin: Mr. Mayor, I would like to get back with my membership and my attorney, to see if we would want to do it in that format, because we did agree to something the other day and the Union is changing. It is not an issue of being kicked out of the Local 587, it is an issue of being represented in Local 587, and you know, we can get our members back in Local 587, but we have no representation there. I mean, it is no sense in us being there, and right now, there are no members on the executive board, Local 587. Mayor Suarez: Well, that is a good point, but if you felt that you didn't want to be kicked out, and yet you didn't want to come back into the Union, it really wouldn't make much sense to negotiate that, so ought to get straight whether you want to be back in the Union or not. Mr. Boykin: Yes, Mr. Mayor, we have some... Mr. Dawkins: We are not negotiating... we are not negotiating whether you go back in the Union or not, are we? Mr. Boykin: Right, we are not negotiating at all, that we always will recognize Local 587 as being the sole bargaining agent for the City of Miami, but there are other crucial issues that need to be addressed right now, like the benefits of the firefighters, who have lost some of their insurance benefits because of their expulsion from the Union, and I think the City Manager should inform our membership as to what procedures we should go through to get insurance. Mr. Dawkins: Get your lawyer, get your lawyer, get your lawyer and do that. Mayor Suarez: OK, let us know, with your counselor, you approve the appointment of the mediator, and we'll proceed from that point. 196 May 12► 1988' Mr. Dawkins: OX, if you accept the aediator, since we say the Mayor is one of them, will the two of you accept a Federal mediator as the other person? Mr. Teems: Yes, sir, I would. Mr. Dawkins: Would you? Mr. Boykin: I would take it back to body, sir, Mr. Dawkins: OK, and they either buy all of it, or none of it, that is what you are saying, right? Mr. Boykin: Yes, I would take it back to them. Mr. Dawkins: All right, good, OK. Mayor Suarez: OK, does that require us to meet in the sunshine, Mr. City Attorney, with a Federal mediator? Mr. Odio: No. Mr. Fernandez: Not if it is only you, no. Mayor Suarez: And a Federal mediator. Mr. Fernandez: It is still you are not appointing him. Mayor Suarez: We are not appointing him. Mr. Fernandez: No. Mayor Suarez: Because they are appointing him? - or they are choosing him? Mrs Dougherty (OFF MIKE) No, somebody else is. Mr. Dawkins: No, we are choosing him. Mr. Odio: I can get Labor Relations to contact the proper department and they appoint a person to mediate, a Federal mediator. Mayor Suarez: With the appointments, if we get that done, make sure we get a good clear legal interpretation of whether we need to meet in the sunshine, because if we do, then we are back to having one negotiator. Mr. Fernandez: The Federal mediator would not be representing you. Mr. Boykin: I would strongly advise that we do consider one of the members from the Affirmative Action Advisory Committee, because this is a City issue and its a civil issue, and that is their task, and I would strongly advise that you consider putting one in as mediator. Mayor Suarez: OK, but you have been asked to check with your counselor and see if you want to follow a separate route. Let's see if that works, and if not, then we are back to where we started from. Mr. Teems: One statement, I am not going to sit here and try to rebut everything that was said at the other microphone. 'I think we have said that 100 times, and we know we don't agree on about 90 percent of them, OK? So, but in relation to the panel... Mayor Suarez: The last time you said that, it was 95 percent, now it is 90 percent. Mr. Teems: Whatever, and well, we agreed to have the mediation. In regards to the panel, my Local has had no input into the panel, my Local has had no input into the resolutions of the panel's recommendations, either to the Fire Chief's office, the Affirmative Action Board, or anybody else, and there is no way that this local is going to agree to anything that we don't have any kind of input into. We have asked for it, we haven't received it to this day. That's all I am going to say about it. 197 May 12, 1988 Mayor Suarefe All right, thank you for the report, thank you for the efforts to mediate this very difficult dispute. Mr. be Yurre: Mr. Mayor. Mayor Suarez: Yes, Commissioner? Mr. be Yurre: On this issue, do we have any... you know, this seems to be dragging on and on and on and on, and more meetings and more mediation and more BS. Do we have a time frame as to when we are going to get down to the nitty-gritty and try to solve the problem, or just you know, say we just can't do it, and it is going to go on? I think that we need to address this issue. We can't just keep walking away from it and wishing that it goes away. I don't think it is ever going to go away, and we need to face up to it and deal with it accordingly. I'd like to have a game plan as to a time frame for this mediation process and then to bring it back before the Commission. If we need a special meeting, we do it and we deal with it. Ms. Hattie Daniels: Commissioner De Yurre, what you have and in fact what we are here for, is the implementation plan. Mr. Odio: I need something from the City Attorney on the record, that there is a section 501 of the Labor Code that we must... we have to be careful about bringing anything back here, because we cannot get involved in a dispute within the labor force, and I wanted to ask, at what point, what do we do after the Federal mediator rules, whatever findings he has, but I think he has to state... Mayor Suarez: Well, when mediating, we would propose some solution to both parties, and if they both agree, it would all be resolved, and if they didn't we are back where we started. It has no binding effect whatsoever, otherwise. Mr. De Yurre: Well, where do we go from there? Mr. Teems: Mr. Manager, let me go on record, OK? The guy who would file a charge against you is me, and the mediation I have agreed to. I am not going to file charges against the City to try to help me resolve this issue. Mr. Odio: Are you giving me your word on that? Mr. Teems: Yes, sir. Mr. Odio: OK. Mr. Boykin: Mr. Manager, I don't think it is a labor issue here. It is an issue of... it is a civil rights issue here. This thing was brought upon us because we chose to speak out against the discrimination in the department, and I don't think it is a labor issue, so I think... Mr. Odio: No, I understand, believe me,. It is just that I want to make sure that we do not break any... Mr. Teems: You know why I don't agree with that statement at all, don't you? Mr. Odio: Well, that is your problem , but I am telling him that... Mr. Teems: OK. Mayor Suarez: OK, as to the report, it is proper to make a motion to accept the recommendations, is it not? Mr. Fernandez: Yes, it is. Mayor Suarez: You are not going to... Mr. Fernandez: Yes, sir, it is. Mayor Suarez: Accepting the recommendations of the report? Mr. Plummer: Well, Mr. Mayor, we are accepting the report. I don't know that I am yet prepared to address each issue and each recommendation in the report, but I think we need to accept the report as a... 198 May 12, 1988 Mayor guarw Let's accept the report so we don't have to have them keep erring back and as Oath t6fi tiissiofief wants to get into the recommendations, 3petiiit r#e6ft 6hdatiohs, we can bring those up. Mr. Plum@ r: When we have that opportunity, Mr. De Yurre: Again, that goes back to the whole proeess, if we accept it, theft we should set some time aside to discuss it and see where We go. Mr. Plummer: We have been trying to do that for three or four months? Mr. De Yurre: Well let's do it. Mr. Dawkins: (Off' MIKE = INAUDIBLE) Mrs. Kennedy: The problem is that every time this item comes up, we have to postpone it for one reason or another. Mr. De Yurre: Well, I would suggest at the next zoning meeting, we take up, use the morning to discuss this issue and go through it. Mayor Suarez: When don't we scheduled to begin the meeting next time? Mayor Suarez: Don't we have to get into... should we just get the mediator and put him to work, or... ? Mayor _Suarez: Yes, that is on a narrow issue of... it may or may not be related to the overall issue, but that's... going to go on anyhow, if _we can agree on that. Mr. Odio: Oh, I'm sorry. OK, fine. Let's put it as the first. Mayor Suarez: But, my idea was as to the report, if the Commissioners would, - as Commissioner Plummer has suggested that he wants to get into it a little bit more and come up, and Commissioner De Yurre, and come up with the specific items or recommendations that they want discussed, we can schedule it for discussion. Mr. Odio: Do you want to add, for instance, on the 19th, bring it one hour... Mr. De Yurre: Do it our next zoning meeting. Mayor Suarez: We begin at what time,; next meeting? Mr. Odio: At three; move it to two. Mayor Suarez: We could pull it to 2:00, we could pull it to 1:30 p.m.; we could pull to 1:00 .., Mr. De Yurre: Well, are we talking about the 19th, next week? Mr. Odio: Yes. We'll set the time for 3:00 o'clock, if you want to move the time up. Mr. De Yurre: - Do you think one hour to discuss... I don't think an hour is enough to discuss that, really. Mayor Suarez:We don't know what you want to discuss. Mr. De Yurre: Well, I want to go through the points and. see what the hell we are going,to be doing. Ms. Daniels; It depends on how many items they decide to deal" with, : but, -yes see, I mean, this is the whole thing... Mr. Odio: Move it u to 1;30 { p p.m,, maybe we can take.,. Mayor Suarez: I mean, I am willing to meet at any time you want, it depends on how much you want to discuss of the report, I would accept .'the recommendations of the report and be done with it, but that's,-., if you want io- to go into specific.., Sri 199 May 12 1988 Mr. De Yurre: I have nothing to discuss, I just waist to trove on with its but I.L. wants to discuss it. Mayor suaret: I entertain a motion to accept the rEcommendatiohs of the report, except that Commissioner Plummer wants to get into it deeper and I don't know that you will come up with all kinds of things that you want to discuss. If you do, you can bring it back up. Mr. Plummer: Mr. Mayor, the normal way that we do this is, we accept the report so it is completed. If there is any payment due, then you can pay the individuals. We are, as Commissioner De Yurre... Mayor suarez- I will entertain a motion on that part. Let's do that. I entertain a motion on that. Mr. Plummer: Fine. I move that we accept the report. Mr. De Yurre: I second it. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-454 A MOTION ACCEPTING THE REPORT OF THE NATIONAL INVESTIGATIVE PANEL ON THE CITY OF MIAMI, FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT. 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. COMMENTS MADE AFTER ROLL CALL: Mr. Plummer: Now we are scheduling it for the next meeting, is that correct? Mr. Plummer: Yes, it is hard to tell how much time you want to reserve for it, because I can't tell how much you want to get into the recommendations, but if an hour is good enough for you? Mr. Plummer: Oh, easily. Mayor Suarez: If not, we start... Mr. Plummer: Easily, easily. Mr. De Yurre: OK, so then we start at 2:00 o'clock? Mayor Suarez: OK, we begin that at 2:00 p.m., and we schedule that... .in the meantime, any Commissioner who has specific questions they want to address, I would suggest he gets to the rest of us in writing so we have an idea. I need a motion to call a special meeting for 2:00 p.m. on that issue, Mr. De Yurre: I move it. - Mayor Suarez; Moved and seconded. Any discussion? Call the roll, $ ;a 200 May 12,. 198$ c The following motion Vat introduced by Commissioner De Yuff6, who inbred its adoption: MOTION N0. 88=455 A MOTION DIRECTING THE CITY MANAGER TO SCHEDULE A SPECIAL CITY COMMISSION MEETING ON MAY 19, 1988 COMMENCING AT 2:00 P.M. TO DISCUSS THE RECOMMENDATIONS OF THE NATIONAL INVESTIGATIVE PANEL ON ALLEGED DISCRIMINATION IN THE CITY OF MIAMI FIRE DEPARTMENT. 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: OK, we will try both approaches and see if it works. ----------------------------------------------------------------------------- 54. SETTLEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CLARIFYING SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDERS. Mayor Suarez: Item 46. I know we are going to have some people that are going to want us to defer this. We have got a message through counselor that they want SE Overtown DRI... is it just the settlement at we are approving at this point? Mr. Joel Maxwell: Yes, sir. Mr. Rodriguez: Just the settlement. Mayor Suarez: And if someone has objections to the DRI itself, what is the proper time to make those? Mr. Rodriguez: The proper time passed already. This is not relevant at this point and the possibilities that they have is to opt out of the development order which they have a right at any time, or they can apply for substantial deviation with a change in the future, or we can initiate an Increment II for the SE Overtown/Park West area, or we can use the conversion factor to convert if necessary, but we have been working... Mayor Suarez: OK, but can you convert, with the conversion factor, from residential, which I am told is the bulk of this, to... Mr. Rodriguez: No. Mayor Suarez: Let me finish the question, at least so the record is complete... Mr. Rodriguez: Sorry. Mayor Suarez: ... to commercial. Mr. Rodriguez: If you were to convert, it would not be efficient, because the conversion factor is very negative in the balance. Mayor Suarez: You can do it, but you don't get much. Mr. Rodriguez: You don't get much. 201 1`4 May 12, 1988 T 46 0 ttNIbENTIFIED tPtAKER: (OFF MIKE) Cannot do it at all: Mayor Suarez: He says you cannot do it at all. UNIDENTIFIED BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: OK, if he says it's very difficult and you say you can't do it at all, that still creates a concern on our part. Mr. Rodriguez: As you know, rather than going with a full presentation on this, which I am sure you will appreciate if we don't do, I want to refer for the record, the memo dated May 4th from the Manager to you all in relation to the appeal on the SE Overtown/Park West DRI item 46. The only thing that I want to mention, the difference that we had in that appeal settlement, and the one that you previously approved is covered by these green pages. Mayor Suarez: Why did I get something passed that refers to the downtown development? Mr. Maxwell: That was the first one. That was item 45. Mayor Suarez: DRI. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Why don't you come up to the mike? OK, you are going to be proposing that we compare it to what we already passed for the downtown DRI? Mr. Tom Post: Yes, sir. Mayor Suarez: All right. Mr. Post: I would simply ask the Commissioners to take five seconds and look at the downtown master plan, which shows Increments I, II, III and IV, and totals. You will see in the first increment there is 7,000,000 square feet of office and in total, 14,000,000 Go down to retail, you get 1,000,000, and the total, nearly 2,000,000; hotels, 1,000, total twenty-six, and on down the list, and simply compare it with what you are offering for Park West/Overtown. Mayor Suarez: You made your point. Let me ask him. Sergio, why, for example, would you have under Increment I of the downtown DRI, 7,100,000 gross square feet of office anticipated and Increment I of the SE Overtown/Park West, etc., etc. - that name is so incredibly long. Mr. Rodriguez: SE Overtown/Park West. Mayor Suarez: You don't want me to make fun of the name, OK, I won't... 166,000 which is... I don't know. Mr. Rodriguez: Both of these project were based on projections made... Mayor Suarez: About one -fortieth of the size. Mr. Rodriguez: ... by the consultant, Hammer, Siler and George, that was our basis for all the calculations that were making in each one of the two proposals, and they have been the same one that the City Commission have been approving for the last eight years. Mayor Suarez: Is it fair to state that there is a bias in favor of housing in the Overtown/Park West, as opposed to the downtown DRI, which has a bias in favor of commercial? or office? Mr. Rodriguez: The DRI reflects the policies of the Commission to promote housing in that area If I may also add for the record... Mayor Suarez: It is true that under Increment I, in the SE Overtown, any major project will wipe out the entire allotment for office space, right? 6' Mr. Rodriguez: And it is also true... well, it depends on what you call a major project, but as.,. r 202 May 12, 1988 M Mayor Suarez: Yes, don't tell me about a 7,000,000 square foot project in downtown, now. We are not... they have some mega -projects, but I don't think we are at that level. Mr. Rodriguez: But, it is also true that the major project, logically, if it is that major, can opt out of this and it will be to their advantage. I am sure they can afford... Mayor Suarez: OK, that's the escape argument. Mr. Rodriguez: ... the fees to pay for it. Mayor Suarez: What about that Tom? Why can't they just opt out? I mean, all we are doing... Mr. Rodriguez: Let me finish, if I may, the presentation, because I would like to establish a record on this. Mayor Suarez: At your own riskt Mr. Rodriguez: The only thing I want to make sure that you know, you received a green attachment, which reflects the latest language that we have on the settlement today with DCA, because there was a difference in the way DCA handled the settlement. In the downtown DRI, the development credits are based on the certificate of occupancy time. At that time is when you draw them from the bank of development credit. DCA, in the settlement, shows a building permit's time for that, drawing from that bank of development credit. We told them that we wouldn't agree with it. Frankly, after negotiation with DCA, they graciously agreed with us, in our proposal and they have this language, which is reflected on page 1 and 2 of the handout that I gave you on the whereases which are at the bottom of the page, the first three of page 2. In addition to that... Mrs. Kennedy: Sergio, let me just interrupt you. Mr. Rodriguez: Let me have one second, so I can finish, please. Mrs. Kennedy: OK. Mr. Rodriguez: In addition to that, on page 4, the new language on item 9. Yes, Ma'am. Mrs. Kennedy: Why would they want that, because, you really create the impact when you have the C.O., not at the time of the building permit. Mr. Rodriguez: That is the argument that we have been making. Besides, we refuse to treat SE Overtown/Park West DRI, in a matter that would be different from the downtown DRI, and they have agreed to that, basically with the language that we have. So at this point, with the changes that we have in the settlement language, we are ready to recommend to you that this is a good settlement, and we are very comfortable with it. If I may, since there was an issue brought before Mr.Post proposed at the beginning, I believe that all the discussion that he is bringing up in relation to the changes in the development order, has no relevance whatsoever to the discussion that we have here today, because that is not part of this item which is before you and it is not part of the settlement which is before you. Mayor Suarez: That is true. He is getting another bite of the apple, Tom. I don't... Mr. Pbst: Let me make my points very..... First of all, my name is Thomas Post. I am an attorney and my address is 901 NE 2nd Avenue in downtown Miami. I commend the City for its tremendous effort on the downtown master plan. I think however, that your efforts in the area of Park West/Overtown are below anything close to being adequate. You have a tremendous chunk of downtown Miami, as defined in your map, approximately a third of it, and what you are offering that area is nothing but residential, essentially. I am in as small six story building on NE 2nd Avenue, that contains fifty some thousand square feet. If someone were to duplicate that sized building alone on 9th Street, they would use up all of the retail along your 9th Street mall, that you are planning. 203 May 12, 1988 Mayor Suarez: You are getting repetitive. I've already made that argument for you. Mr. Post All right, fine. What I would like to ask you to do, irrespective what the other = I'd like to ask you to withdraw your application for the DRI for SW Overtown, and get something reasonable. Now, he says you can opt out of the plan. Well, that's not true. You can do your own DRI, but any such individual development order, by their term, must be consistent with the overall objectives and conditions of the DRI which you are about to establish, to to come in there and say to a developer who wanted to put a hotel, for example... Mayor Suarez: But, all that does is recites the law that requires us to have a DRI. That's all it says, Tom. Mr. Post: No, Mayor Suarez: Obviously, it has to be consistent with the goals of the DRI, which are the implementation of the goals of the law. Mr. Post: You are exactly correct, Mr. Mayor, and I agree with you. What I am telling you is, under this provision, it is ludicrous to suggest that you could go out and do a DRI to build a hotel on Biscayne Boulevard, for example, because they would say it is primarily a residential plan, and you are not consistent with the overall residential plan, and therefore, we are not going to give you the DRI to develop that system. It is very, very simple. In the first increment, you've allowed 166,000 square feet of office space, for all that area - 66,000 square feet of retail space, and the rest is all essentially apartments and what I would like to ask you to do, is very simple: withdraw the DRI and do one that is reasonable. Now, I am only one person. Mayor Suarez: Well, let me say something, let me... Mr. Post: There may be some other persons who want to defer it, pending some consideration. Mayor Suarez: Well, but so far we have no indication that the Commission wants to defer. Now, on the 2,000 units, let me say this. Overtown/Park West, our own project - I think Phase I is over 1,000 units. If we have anything like Phase II - I mean, I am just talking about the four developments in Phase I. We could be at 2,000 units very quickly, so I don't know if we can go in the direction of squeezing out some residential units in favor of commercial space, which we don't have anything right now on line to be build there, that I know of, do we? Mr. Post: I don't have any problem with that, Mr. Mayor, except that those are all in the Overtown area, and there is no residential forecast at all, for the Park West area from Miami Avenue to the boulevard, there is nothing but commercial... Mayor Suarez: All right, let me ask you... Mr. Post: ... and you are insuring that you won't get any more commercial development there, and you won't raise your tax base and therefore you will continue to be in a revenue flow problem. Mayor Suarez: Oh, sure, we will get all kinds of commercial development. It will just have to contribute to the infrastructure needs of the area, that is what the whole process is about. Now, let me ask you another question, though, because it looks that the old... not the trade-offs now, between residential and office, but the total magnitude of this, as opposed to downtown, which is what I don't understand. Sergio, it emanates from the same criteria, does it not? - both sets of standards for downtown and Overtown/Park West emanate from the same State requirements, the same criteria, number of person trips, or whatever you call them. Mr. Rodriguez: Right, except both of them were based on two different studies. One was based on the economic study made by Hammer, Siler and George for SE Overtown/Park West, based on the plan that the Commission had approved before. 204 May 12, 1988 Mayor Suarez: in other words, in one case, after studying and to on, we came up with a much more intense use, is that what you are saying? = than in the other case. Mr. Rodrigues: And also, remember that when you increase the amount of trips caused by other types of uses, the impact gets greater and the mitigation that you have to pay will be greater, to as a consequence, this could have a negative impact on, attracting residential for that area. Mayor Suarez: Well, that has to do more with the trade-offs. Mr. Rodriguez: Do you understand the point I am trying to make? Mayor Suarez: I was just thinking of the overall expectation of growth of the two areas. it seems like one we expect incredible amount of development, and in the other one, we don't expect that much. I mean, if you look at... Mr. Rodriguez: They were based on market studies done by our consultants and on the plan that was approved by the Commission. Mayor Suarez: Is one in competition with the other? If one was smaller, would the other one be larger? Mr. Rodriguez: I don't understand, I'm sorry. UNIDENTIFIED SPEAKER (OFF MIKE): I would like to speak to that. Mr. Rodriguez: Let me try to answer, if you... Mayor Suarez: If we had planned for less to happen in the downtown, would be allowed to in effect, have more in SE Overtown/Park West? Mr. Rodriguez: I think that the development will occur, because of the location, where they have and the attractiveness for certain uses. Mr. Plummer: That is not what you are asking. Mayor Suarez: That's not what I am asking. Mr. Plummer: If you trade off one development order onto another. Mr. Rodriguez: No. Mr. Plummer: OK, that's the answer. Mayor Suarez: But, in preparing these figures, where are you trading off one against the other, because both areas are interdependent in terms of person trips and few other factors, right? Mr. Rodriguez: No, we were not trading one at the expense of the other. Mayor Suarez: We were not? Mr. Rodriguez: No. And for the record I want to also refer to the section that Mr. Post referred incompletely before, with this section 23 of the development order that said: "The existence of this development order shall not act to limit or prescribe the right of any person of the Florida statute 38197 to file an application for development approval and obtain an individual development order for proper cover by this development order; not withstanding the of this development order. In the event that such an individual development order is approved and becomes effective, the individual development order shall control development of the property covered by that individual development." So he has the option, if he so desires, he has a large property, as he claims to have, because of the need for new development, to go on his own and pay for the fees, and pay for the application and go through the process. Mayor Suarez: If you get paid by the word, you just added to your salary. Now, let me ask you another question. 205 May 12, 1968 Mr. Rodriguez: t hope t did earn it this time. Mayor Suarez: The convention space can be traded agaihst coftbercial, can it hot? ` in a touch more proportionate fashion than residential against office? Mr. Rodriguez: Right. Mayor Suarez: And, you know, we have no particular plans, Tom, for 100#000 square feet, or 290,000 square feet of convention facility there. Does that not give you a lot of relief? Mr. Post: I have been told by the Planning Department that the City is desirous of building a cultural facility, encompassing an opera house, performing arts center, and a theatre. One of the sites that has been suggested is between 7th and loth Street, another between 3rd and 5th, and another in Bicentennial Park, but... Mayor Suarez: Wait, wait, why are you shaking your head? Isn't that not the case of that some people are proposing those sites? - and does that take away the 290,000 square feet? Mr. Post: If it were a building there, it certainly would, and if it is a joint developed... Mayor Suarez: Oh, obviously, if it is not built there, it is not going to take away anything. Mr. Post: ... and under the handout that we just gave you, which is a DDA handout, which said how you could go about developing that if it wasn't on Bicentennial Park, I had to be on private land, you had to do it with a joint development, so that you would have enough money to buy the land to build the performing arts center. You can't do either one under those concepts now because you can't... Mayor Suarez: I understand all that, I understand all that... Mr. Post: OK. Mayor. Suarez: .. if it is in that area. Sergio, before Jeff - why are you shaking your head? I mean, that is a good point. Mr. Rodriguez: Because he was giving you an incomplete answer. If you were to build... Mayor Suarez: Sounded very complete to me! Mr. Rodriguez: If I finish... Mayor Suarez: It might not be convincing, but it sounded complete. Mr. Rodriguez: If you were to build on Biscayne Boulevard on the area which is within downtown, the performing arts facility, it would not become part of the DRI. If you were to build the performing arts facility on the west side of Biscayne Boulevard, within this area it would be part of the DRI, but if you were to go to FEC or Bicentennial Park, it will not be part of the DRI. Mayor Suarez: That was not the hypothetical. He talked about on the west side. Mr. Rodriguez: Well, he mentioned that the Planning Department had said that if the performing arts facility and so on could be done over here. It is not completely correct. Mayor Suarez: So that would wipe out the 290,000 square feet. Let me say on that, frankly you know, we would love for that to happen too, but you know, that is still pretty much up in the air. Nobody has come up with any financing formulas that I have heard of lately to build it. Everybody is just talking about the site. Mr. Jeffrey Bercow: Mr. .Mayor, Commission members, my name is Jeffrey Bercow, I am attorney with offices at 200 South Biscayne Boulevard, Miami. I am representing Intercap-Suchman Joint Venture, David Weaver and Cliff Suchman. 206 May 12, 1988 We ate coming to you today admittedly, at the last hour; we are coming to you hat in hand. We are the owners of one of the sites that has been mentioned quite prominently and apparently, if you read the Herald atticla from last week, it appears to be the Commission's first choice for a performing arts center. As I reviewed the Overtown Park West DRI... Mayor Suarez: Which Commission? Mr, Bercow: This Commission. Mayor Suarez: I hope this Commission does not engage in site selections so much as trying to figure out how we are going to finance it, so I mean, this Commission is not on record as favoring any particular site that I know of, because I think we have enough sense to try to figure out first how we are going to pay for it, and then figure out where we are going to put it. Mr. Bercow: That site may be precluded by the Overtown/Park West DRI, as presently drafted. We have not had an opportunity... Mayor Suarez: How many square feet are we talking about? Mr. Plummer: Jeff, for the record, are you registered? Mr. Bercow: I am a registered lobbyist, yes, sir. Mr. Plummer: OK, thank you. Mayor Suarez: How many square feet are we talking about with the performing arts, sir? Mr. Bercow: I don't know, and I don't know if that would be included within the definition of convention center. Mr. Plummer: Somebody said twelve floors That what I heard, twelve floors was the performing arts. Mr. Bercow: Yes, and I don't know if that is the same thing as convention center under this DRI. Mr. Plummer: Performing arts was supposed to be twelve floors high. Mr. Bercow:. Mr. Mayor, a number of things have happened since.February. There has been this settlement discussion that our clients have not been involved in and really don't understand. Mayor Suarez: It is not your lawsuit. Mr. Bercow: There has been... what's that? Mayor Suarez: It is not your lawsuit, you know, it is us and DCA. Mr. Bercow: That's right, but it does affect our property. There have been discussions about selection of their site as a performing arts center. If other developers come in and pull the capacity down under Phase I of the Overtown/Park West DRI, no performing arts center would be permitted on that site. Mr. Dawkins: So your investors just lose on their investment. Mr. Bercow: We are just requesting a 30 day deferral. Mr. Dawkins: Oh. No. Mayor Suarez: Sergio, what about the actual figures. Wouldn't it make more sense to try for a little higher on office space? I mean, we are including an area that is bounded roughly by what on the north and south over by Biscayne Boulevard. Mr. Rodriguez: At this point again, if we were to do that, and we can start on Increment II. Mayor Suarez: I see. How do we trigger Increment II if we wanted to? 207 May 12, 1988 it 0 Mr. Rodriguez: Settle this appeal first and then start the process so that we can negotiate with them or apply for a possible.... Mayor Suarez: What triggers Increment II? Mr. Rodriguez: The finding that we have a certain project that maybe a substantial deviation finding, if we were to proceed under this proposal, and then at that time we can have a pre -development agreement with the Department of Community Affairs so that we can find what impact it will have and try to mediate through some kind of a... Mayor Suarez: So we can begin Increment II sometime prior to 1994, we would need whose approval? Mr. Rodriguez: We need approval from DCA and from Regional Planning Council. In addition to that, if they were to get performing art facilities that wanted to go through with this, they can also opt out of this and pay their own impact. Mr. Plummer: Mr. Mayor, one of the other things you have to keep in mind, that when you go back for a second bite of the apple, you open up the door to let them renegotiate anything they want, when you are asking for some kind of a concession, and I think that is the concern here, that if this settlement is approved, then in fact, the door is closed and you are on the outside, looking in, whereas if you don't approve the settlement today, there is still room for negotiation before the door is locked. That's the name of the game. Mr. Dawkins: Mr. Manager, what is your recommendation on this? Mr. Odio: I recommend what we have in front of you, Commissioner. We recommend this proposal. Mr. Dawkins: The what? Mr. Odio: The agreement settlement. Mr. Dawkins: I move it, as recommended by the Manager. Mr. Charles Ratner: Mayor, may I speak? Mrs. Kennedy: Second. Mayor Suarez: We have a motion and a second. You haven't been heard, so the least we can do is hear you. Mr. Ratner: My name is Charles Ratner, I reside at 144 South Hibiscus Drive in Miami Beach. My family has owned property in the SE Overtown/Park West development area for over 30 years and I would like to go on record stating that I would like you to consider... I know it is at a late hour, but I would like you to consider postponing that, because I think you are closing the door, as Commissioner Plummer said, on the potential for what you want this development to be. If it is solely going to be residential, then I think you're met your goals by approving this DRI. If you are planning to have commercial development and the other infrastructure in the area to surround this property, I think you are precluding a lot of property owners from doing that with their development. I understand that you could opt out of the DRI and get your DRI, but if part of the comprehensive plan is to include all this development, I don't see why at this point we should be shortchanged from doing so. Thank you. Mr. Dawkins: OK, in referring to you sir, please come back - you know, I could go along with all of this, if all of you had come forward when we were trying to get everybody to come up with the money to build the houses that we are trying to put over there now. Now, the minute that we get somebody in, and we are getting ready to break ground for some homes, this is going to put the pressure, and the price of your property up, now everybody wants to save their property, and at our expense, OK? We are trying to get some houses, and this is what we agreed on, and staff is recommending it, and that is what we pay staff for, and I strongly am going to go along with staff, sir. 208 May 12, 1988 Mr. Ratner: I'm all in favor of the housing and I want to see the first shovel go into the ground. I don't think my family's property is going to ever be a hi -rise office structure, I don't think it is ever going to be an apartment structure. Right now it is a nonconforming warehouse use on a corner. However. I am in favor of seeing the dreams of my grandfather, and my parents realized in this area, and I don't see how strictly housing is going to meet that without some of the infrastructure in the area, and I don't think we should be necessarily precluded from that with this DRI. Mr. Dawkins: You know, I could go along with that, sir, if the same people owned the land that we are talking about, like your grandfather. Now, the land that your grandfather owned and still owns, was purchased the same time that other people like me purchased land and they get swindled out of it over there - in my opinion, OK? Mr. Ratner: I can't speak for that. Mr. Dawkins: So now, they have no quote, unquote "rights" in which to be vested in, so, let's be about the business of developing the land that urban renewal... removal and I-95 moved us out of. Mr. Ratner: Thank you for letting me be heard. Mayor Suarez: You know, Sergio, I just want to say it is almost inconceivable to me and I had not really, really focused on it until now, that in the downtown DRI, you are providing for 42 times the amount of office space, than you are in the SE Overtown/Park West. Mr. Rodriguez: If I may... Mayor Suarez: And that is an incredible factor. Somehow, something somewhere just doesn't... Mr. Rodriguez: Let me answer that. If you look at the map of the area covered by the downtown DRI, includes all of Omni, downtown, and Brickell, except for the area of SE Overtown/Park West. Mr. Plummer: What's the south boundary? Mr. Rodriguez: So the area that we are dealing with is extremely high, with very high intensities. Mayor Suarez: So that is a factor of 42, my God! Mr. Plummer: What's the south boundary of this... ? UNIDENTIFIED SPEAKER: 5th Street. Mr. Rodriguez: 5th Street. Mr. Plummer: What does this do to the Washington Heights Hotel? ... because there is no hotel at all in the first increment. Mr. Rodriguez: That's part of the downtown DRI. It falls within the downtown area. Mr. Plummer: That's... and how many rooms is that proposed at? Mr. Rodriguez: I think it was 200... Mr. Plummer: 200. Hey, you know, I guess this gentlemen that spoke last is the one that made the point - what way do we want this thing to go, and what way do we want it to be seen? I can't envision in that whole area, I know that there was talk about building a hotel next to the arena. This precludes it. You can't build a single hotel room in the first increment. Now, I don't... you know, I brought this up before when we brought this thing back from the Regional Planning Council. It just doesn't... this business that you can reapply and get something changed, well, you know, when you get something, you got to give something, and you are at their mercy. I am just saying that if that is the way you guys want it, then you better understand which way we are going, because this is very, very restrictive. 209 May 12, 1988 Mr. Rodriguez: Commissioner, once again, I want to remind you that this reflects exactly the SE overtown/Park West project that you have approved. There has been no change in this. in addition to that, what the matter that is before you, here today, is not the amount of square foot for different uses. The matter before you here today is the settlement, and all of these other matters which are very important... Mr. Plummer: Excuse me. Sergio, you've said that three tithes, I understood you the first time. Mr. Rodriguez: I'm sorry. Mr. Plummer: You are not listening to me. What I am telling you is, if this settlement is not agreed upon, this case is not closed, this matter is still open. If you agree on this settlement today, for all practical purposes, it is etched into the stone, and I think that is what they are trying to stop, to negotiate before the door is locked. Mr. Rodriguez: But, if I may... and this I am not completely sure, but I think I gave you good advice on this - the development order was already approved by the Commission and that development order is the one that is in effect, except for the appeal that is pending. The appeal only deals... Mr. Tom Post: The Commission approved the development order after substantial amount of discussion regarding... Mr. Rodriguez: Let me finish. May I finish one second, please? I don't think I have interrupted you yet, during the presentation. The development order was approved by the Commission, in this particular case, in February. I don't believe you can amend that development order at this point. Mr. Plummer: If we don't agree on this settlement, what happens? Mr. Rodriguez: Then you leave this in limbo, and I believe that what happened is... could happen is that the this would go to a zoning hearing examiner. It will be delayed six or nine months. The Florida Land and Water Adjudicatory Commission can make a decision on the settlement, and in addition to that, it has an effect on the development agreement that you all agreed to in relation to Bayside, that has an effect on the Bayfront Park Auditorium, which means that because of that redevelopment agreement, you cannot use Bayfront Park Auditorium six months after you open it, if you don't have a development order in place and that is the reason that triggered all these development orders, if I want to go back to your memory on this. That's the reason that we prepared the development order to start with. Mr. Post: What we are asking for, I don't... at this stage, is to let us have until the next meeting to allow you to approve that, if in fact, you can't do some of these other things which is going to make it impossible for the City to progress, then maybe you have to do that, and do as the Mayor perhaps suggested, go into an implementation of the second tier of the development activity. But you can see from your own review of the statistics that what is being proposed doesn't make any sense, so it is useless to jump off the bridge if you can't swim. What we would again recommend to you, is you postpone it for two weeks, it is not going to hurt anything. Mr. Rodriguez: If I may again, if you were to delay... well, you can delay it, of course, but I don't think you are going to accomplish anything. What I think he is talking about, by amending the figures, is to go back again... we would have to go back to square one on this. You might be jeopardizing what you have accomplished in this development order, which is, you don't have any impact shown for your housing, and here we are trying to bring housing to that area, trying to bring housing to the area and we don't show any impact for that housing, as to mitigation that we would have to show otherwise. By redoing this, we would have to start all over again with the process and I want to make you aware of that, because you would have to start that process all over again. Mrs. Kennedy: Sergio, on the other hand, should we approve this... Mr. Rodriguez: And I am not sure that, if you can do it legally, but I think... 210 May 12, 1960 Mrs. Kennedy: OK, should we approve this, we can have it in place right after the Cabinet hears it in June. Is this correct! Mr. Rodriguez: 1 think once we have this settled, this order will be in place, and then we could start, if you instruct us to do so, a process of amending it in the future, looking for the second increment, looking for other things that could be changed in the future. Mrs. Kennedy: 1 have no problems. Mr. Bercow: If 1 might, on the opting out issue, you may only opt out if you do your own DRI and your own DRI is consistent with the objectives and conditions of this development order. If the Commission at all has any interest in putting a performing arts center on the west side of Biscayne Boulevard, they may be precluding themselves from doing that by approving this development order, if a performing arts center is not consistent with the objectives and conditions of this development order. Mayor Suarez: OK,... Mr. Post: Can I just close, Mr. Mayor, and just... Mr. Dawkins: Mr. Maxwell, you want to say something? Mr. Joel Maxwell: Mr. Mayor, members of the Commission, for the record, I think Mr. Rodriguez is correct at first when he told that this really not the time to bring up the issue that Mr. Post and Mr. Bercow are asking you for. That is not an issue that was before the DCA. It is not part of the appeal at all. In fact, what they want to do works at cross purposes to their objectives. If they want an increase in the amount of office space in that area, the thing for the Commission to do at this time would be to approve this settlement agreement so that it becomes effective expeditiously as possible, then initiate the substantial deviation process to amend the development order. That way possibly, if DCA approves the amendments and you approve the amendments, their changes would go into effect sooner than if they scuttle this settlement agreement at this time. Mayor Suarez: OK, with that recommendation, I am ready to move. Do we have a motion and a second? Mr. Dawkins: Yes, it was moved and seconded along... Mayor Suarez: OK, any further discussion from the Commission? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-456 A RESOLUTION AGREEING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A STIPULATION OF SETTLEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ("DCA"), THEREBY CLARIFYING THE SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDERS (RESOLUTIONS NO. 88-110 AND 88- 111) AND ACCEPTING CONDITIONS; THUS, SETTLING THE DCA'S APPEAL OF SAID DEVELOPMENT ORDERS, SUBJECT TO APPROVAL BY THE FLORIDA LAND AND WATER ADJUDICATORY 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: 211 May 12, 1988 AYES: Comissioner Victor be Yurre Cormitiissioner Miller J. bawkins Vice Mayor Rosario Kehhedy Mayor Xavier L. Suarez Nots- gone. ABSENT: Commissioner J. L. Plummer, Jr. Mr, Post: Thank you for giving us the time. Mayor Suarez: Thank you, Tom. ---------------------------------------------------------- 55. (A) CLOSE STREETS, PERMIT FOR BEER/WINE FOR "MIRACLE LUNCH BUNCH" (B) MIRACLE LUNCH BUNCH ALLOWED TO POST BOND FOR CLEANUP. ----------------------------------------------------------------------------- Mayor Suarez: Item 52. Mrs. Kennedy: This is an organization, Mr. Mayor, that raises money for Miami Children's Hospital. Go ahead. Ms. Maria Elena Cendan: My name is Maria Elena, and I am speaking for Bill Kelly, a member of Jaymont, and I am here on behalf of the Miracle Lunch Bunch. We are preparing for our Second Annual Miracle Lunch Bunch Food Festival to benefit the Miami Children's Hospital on Friday, June 3rd, from 11:00 A.M. to 3:30 P.M. I am here to request a permit to close Flagler Street from Biscayne Boulevard to SE 3rd Avenue. Last year the cost of City services were waived by the City Commission, since the festival is for charity. It would be a tremendous help if the City of Miami would provide the services free of charge again this year. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: What do you need closed off? Ms. Cendan: OK, Flagler from Biscayne Boulevard to SE 3rd Avenue. Mayor Suarez: How many streets is that? Ms. Cendan: About two blocks. Mayor Suarez: Do we have a problem with that part of it? motion on the closure of the streets. Moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Call the roll on that. 212 I entertain a 7 It The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION N0. 88-451 A RESOLUTION CONCERNING THE MIRACLE LUNCH BRUNCH ON JUNE 3, 1988 TO BE CONDUCTED BY BUSINESS OWNERS AND MANAGERS ASSOCIATION, PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC; ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; FURTHER DIRECTING B.O.M.A. TO POST A BOND TO COVER THE COST OF SOLID WASTE FEES AND SERVICES; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; AUTHORIZING THE SALE OF BEER AND WINE IN CONNECTION WITH SAID EVENTS SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: (OFF MIKE) I'm sorry, what are we voting on? Mayor Suarez: Just closing the streets on item 52. We are only taking that portion. CONTINUING DISCUSSION AFTER ROLL CALL: Mayor Suarez: Now, what kind of in -kind services are you talking about? Are you talking about police and fire and solid waste? Ms. Cendan: Police patrol, insurance, Fire Department... Mr. Odio: You are talking about $4,500. I can't recommend that. Mayor Suarez: He can't recommend it and we can't approve it unless some Commissioner wants to propose otherwise. We just don't have any money. We can work with you to reduce... Ms. Cendan: What about for the police to patrol the area on duty, while they are on duty? Mayor Suarez: It sounds... you know, I don't know how many people do you expect for this? Ms. Cendan: I don't know, 20,000? Mr. Michael Mayer: Roughly about 10,000. Last year you gave us about $3,200, I believe. Mayor Suarez: Right. Last year waa different year. We didn't lay off employees last year. I have no problem with the police doing it on duty. It seems to me that if it is the right kind of activity, actually you reduce the possibility of crime, rather than increase it by having you know, certain 213 May 12, 1988 4% 1 numbers of people downtown. Work with the Manager to reduce to the Went p8gsible their needs on solid waste.:. Mr. Mayer: Solid waste was the big charge there. Mayor Suarez: You know, we allow typically the person or the entity to post A bond for the amount in question and you do your own tleanup and afterwards if you do it, we give you back your money. That's an option. Mr. Mayor: We will try that. Ms, Cendan: OK. Are we... Mayor Suarez: 1 entertain a motion on allowing them to post a bond for the solid waste. Mr. Plummer: What item? Mayor Suarez: The same one, 52, with the... Mr. Plummer: That's fine. Mayor Suarez: OK, move that? Mr. Plummer: Move it. Mayor Suarez: You second that?- OK, moved and seconded. Any discussion? Call the roll on that. Mr. Plummer: This is the Miracle Lunch Bunch?... and where is it going to be? Ms: Cendan: It is going to be on Flagler Street from Biscayne Boulevard to SE 3rd Avenue. Mr.. Plummer: And you are closing the streets? Ms. Cendan: i Yes, from about 11:00 A.M. to,3:30 P.M. Mr. Plummer: And you are paying for all of the expenses of the police, to have the traffic diverted? Ms. Cendan: No, that is what we were requesting if you could, provide for those services. It is for charity purposes.' Mr. Plummer: That's fine. Then we will give our money to charityl Mayor.Suarez: We have many, many charities that ask for the same thing, and then it comes down to that, we may as well just give our own money to charity. , OK, we have a motion and a second. Have we called the roll on that? No, call the roll. Mr. Plummer: So the two items that we are talking about is allowing them to close the streets and... Mayor Suarez: And allowing them to post a bond for the solid waste. Mr. Plummer: And allowing them to post a bond, for cleanup, if they do it themselves, if they don't, we will take the money from the bond and do it ourselves. Mayor Suarez; That's it. .Call therollon.that. Mr. Plummer:, But you have got.to pay for all the other expenses. y; Mayor Suarez; And they have the Manager work to try to reduce the police services, if needed. 214 May 12, : 19e . ` r ti s The folloving motion was introduced by Coitd"nisaionafr PluMer, who fnovad its adoptions MOTION NO. 88=458 MOTION TO APPROVE POSTING BOND FOR SOLID WASTE CLEANUP WAS INCORPORATED IN RESOLUTION 88-457 AS SHOWN HEREINABOVE. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Vice Mayor Rosario Kennedy * NOTE: Although absent during roll call, Commissioner De Yurre later asked of the Clerk to be shown as voting with the motion. Ms. Cendan: OK, thank you. 56. DISCUSSION AND DEFERRAL OF MR. BERNARD BYRNE'S ZONING COMPLAINTS. Mayor Suarez: Item 53. Mr. Bernard Byrne: My name is Bernard Byrne. Fortunately, I am not asking for any funding. I had a zoning hearing approximately ten years ago. Mayor Suarez: Your property is located where? Mr. Byrne: 2838 NW 22nd Avenue. Mayor Suarez: OK, what kind of property is it? Mr. Byrne: It is zoned apartments right now. It is zoned apartments. Mayor Suarez: But, what is on there now? Mr. Byrne: Just a house. Mayor Suarez: It is zoned for multifamily? Mr. Byrne: Yes, it is an R-3, the old zoning of R-3. Mayor Suarez: The old zoning, oh I used to love the old zoning, the simple ones! Does anybody know, Joe, what is zoned now, under our new incomprehensible terminology? Mr. Byrne: I'm asking for a change of that zoning. Mr. Joe McManus: It is currently zoned RG-2/4, residential. Mayor Suarez: Is your basis purpose today to ask for a change of zoning? Mr. Byrne: No, I went to a hearing and I have the minutes of the meeting, the minutes of the hearing, and they said that I could come back at any time, because they were going to make a study, the study would take 120 days and another 120 days... Mayor Suarez: They told that 10 years ago? Mr. Byrne: That was 10 years ago, yes, and I have registered letters where I have requested to come before this... i 215 May 12, 1988 ■t Mayor Suarez: Probably a new C6f:3miS§i6h cafne in and changed their rnifids on doing the study, you know. Mr. Syrhei 1 just cant get anywhere. Mayor Suarez: What did you what to change the zoning to; at the tith6l Mr. Plummer: (OFF MIKS) A lot of it has to do with the sale of the property, I guess, next door. Mr. Byrne: The same as what is beside me, is C-4. Mayor Suarez: C-4. Mr. Byrne: I've had a bank and I've had a rug company who want to build on that... Mayor Suarez: Does it make any sense for him to be.., obviously, we can't decide any of this today, you understand, legally, but you are calling it to our attention. Where does it make sense for us to refer him? We are not doing a study, we are not going to... Mr. Guillermo Olmedillo: Yes, Mr. Mayor, Commissioners. No, the problem is that 9500 came into effect. It has definite criteria about applying for rezoning. Originally, the neighbor had applied with them, and he met criteria, but now under 9500, he has got... he doesn't have the 40,000 square feet, or the 200 feet of frontage, or abuts a district of which he wants the same classification, so he is ruled out. He cannot even apply for a zoning change at this time. Mayor Suarez: So he is too small to apply for a zoning change? Mr. Olmedillo: Under the present zoning ordinance, and I believe the problem that he has presented to you is there... Mayor Suarez: Unless there is a study to rezone the entire area. Mr. Olmedillo: Entire area, right. Mayor Suarez: Can he somehow be the catalyst for that kind of a study by going to the Planning Advisory Board, maybe? Mr. Olmedillo: Well, the one solution that may be presented to him is that in July you are going to be presented with the new comprehensive neighborhood plan, and this area may be included as part of that new comprehensive neighborhood plan. Mayor Suarez: Is there a study being done on this area as part of that? Mr. Olmedillo: The whole City is being studied. Mayor Suarez: Well, but this area specifically, the study he was promised ten years ago? Mr. Olmedillo: If you instructed us, instruct us to go ahead and analyze it. Mayor Suarez: Does it make sense to do a study for that area specifically? Mr. Olmedillo: We can do it. We cannot guarantee that we are going to come back to you with the zoning that he would like to apply. Mayor Suarez: But, does it make sense to even do a study for that area specifically? Is it the kind of area that merits that? Mr. Olmedillo: I took a brief drive through the area before coming to the public hearing and when Mr. Byrne brought the problem to us, and we don't see any changes, any major changes in the area that will trigger any zoning changes. That is my first impression. Mayor Suarez: What is the neighborhood known as? 216 May 12, 1988 Mr. Byrne: it is Called Allapattah... it is not called Al apattah4 it is Called dien haven, Olen Haven is ghat is Mayor Suarez: But, is it likes W Allapattah, is that what it I§j or Wiest Allapattah? Mr, Byrne: It is right on 22nd Avenue... Mayor Suarers How far north did you say? Mr. Byrne: 28th Street, W 28th Street, the block is broke up, there is.,. Mayor. Suarez: I think of it as Allapattah, I guess, i- Mr. Byrne: This Mayor Suarez: That really doesn't show me much about the neighborhood, you know. This just looks like a bunch of lines and... t Mr. Olmedillo: Yes, well it is Allapattah to us, we call it Allapattah. It is part of the Allapattah, right. Mayor Suarez: It is part of what we would... it is not even the fringe of t Allapattah, it is right kind of smack in the middle, really. Mr. Olmedillo: Right, it is justnorthof 28th Street, on 22nd Avenue. Mayor Suarez:I want to tell you once again, this is a'heck of a lot easier for us to understand than what you have got up there. Maybe one of these days you will give us something that we can... that shows the streets, the avenues, 1,- you know, broad, and all that. Keep using those things.- Well, I don't _know, I don't know what to tell you. Mr. Byrne: He's been a much better representative of the City than any of the people you had that are retired now, that gave me the bad time. I Mayor Suarez: >He is a great guy. i' Mr. Byrne: But,; anyhow... Mayor Suarez: I love.that smile! Somebody get a picture of that. Mr. Byrne: The block has been broken. There :is ten businesses on that street, they have. already got zoning passed me on 22nd Avenue. My dog is killed, you cannot walk out in front of it. It is not safe to have children playing. I am in the path of every airplane that _passes over. I am directly in linewith the runway and there is no way a person should.have to bring up a family in that area. Mayor Suarez: But, it is mostly residential, isn't it? Mr. Olmedillo: It is residential and it is zoned residential. Mayor Suarez: Isn't it almost all residential? I mean, is it in a stable... it is not a stable community? Mr. Olmedillo: North of 28th it is residential, but the... -` t Mayor Suarez: Where doesit begin to have some industrial and some warehousing? r Mr. Olmedillo: South, on 28th, and south of 28th, you will have some industrial, the semi -industrial, Mayor Suarez: But, that is, awfully close to where he is. Mr. Olmedillo: Yes, that is what he is referring to, Mayor Suarez; I see, yes, that doesn't look all that hot over ,there. s Mr. Byrne; Eighty feet from me, is the shopping center, exactly, a bar, a pool room, a liquor store, a laundry, a barber shop, an auto parts.„ there is t a whole block that is already broken. I'm on 22nd Avenue. They have taken.,. . 217 May 12, 1988 "" .i; �i 1 Mayor Suareg: but, he is hot adjacent to any property that has ahything other than residential# is he? Mr. Olniedillbs That's correct, The problem that he has is under 0500, He doesn't meet criteria, Mayor Suarez: To eveh apply? Mr. Olmedillo: To even apply, and to, you know, our hands are tied. Mayor Suarez: There is no way... Joe, you have been around longer, there is no way for him to try for any relief? Mr. McManus: In fairness, we advise applicants, go and talk to your neighbor and join with him and your other neighbors and get enough property together so that you can apply. We tell that to.:. Mr. Byrne: I've done that, and what's happened, they give them the provisional parking that they needed for their shopping center... Mayor Suarez: Oh, you need, I am sorry, you need 40,000 square feet, is what you said before? Mr. Olmedillo: Or, 200 feet of frontage, or abut the district that... Mayor Suarez: 40,000 square feet is an acre, basically, three lots in some areas are... Mr. Olmedillo: Yes, or 200 feet of frontage. Mayor Suarez: Two hundred frontage, so that might be... does he have 100 foot frontage anywhere? Mr. Olmedillo: He has 100, but not 200. Mr. Byrne: I have 120 frontage. Mayor Suarez: All you need is a guy with 80 next to you. Mr. Byrne: And that is who I had, and for two years, when he joined me in my petition to come in here, they... Mayor Suarez: And what happened to him? Mr. Byrne: They kept holding me off, saying there was a study being made, and they never made the study. He sold his property and now I can't get the other people, because they gave him provisional parking and that is all he wanted to begin with, so now he has got a shopping center with provisional parking right up to my wall, and I am out in the cold. You've got $1,000 of my money for ten years, it must have $600 or $800 interest in it now, and here is what;.. Mayor Suarez: Who has $1,000 of your money? Mr. Byrne: The City of Miami. Mr. De Yurre: Mr. Mayor, I am kind of bewildered at this point in time. Is this a zoning item that was applied? Mayor Suarez: No, he asked for a personal appearance to explain this. Mr. De Yurre: OK, well, can we explain to him that there is a procedure and that it should be followed? Mayon Suarez: He just doesn't qualify for it. He can't even apply. He ' doesn't even qualify because he doesn't have 40,000 square feet, or 200 feet. He can't even apply for rezoning. Mr. De Yurre: Well, we can't rezone it, can we then? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. 218 May 12, 1988 r, Mayor guartto This is dating back to geptember 16, 1018. Mr. birnedillo: hest lb years ago. Mr. Byrhe: And it says that was deferred, and I am going... f am hot trying to get a hew application, I am just trying to go forward with this application. Mayor Suarez: Does the applicant understand that he is going to have to wait? Is he willing to wait, was asked by one of the members of the Planning Board, INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. De Yurre: I guess he has been willing to waito 10 years! He's a pretty patient guy. (APPLAUSE) Mayor Suarez: Pretty popular guy, I bet you could probably get somebody here to help you to buy the property next to you, so you would qualify for the application. I don't know what we can do for you right now, unless anyone has any ideas. Mr. De Yurre: I'd pass it along to the Administration and have them come up with a suggestion at the next... Mayor Suarez: And then come back in another 10 years! Mr. De Yurre: At the 19th, the meeting of the 19th. Mr. Rodriguez: I have a suggestion, maybe. Let's see if you buy that. Mayor Suarez: We are ready for anything at this point, whatever gets us out of this. Mr. Rodriguez: Before 1998... no, we will come to you in July with the comprehensive plan for the whole City, and as part of that proposal, you can look at this particular site. It doesn't mean that we are going to recommend that you do it, but you can look at it and make a decision at that point, to agree with Mr. Byrne, or agree with the Administration if we recommend something otherwise. Mr. Dawkins: I hear you, and I agree with you, but I am a little disturbed that other people come in here with high priced zoning lawyers and they get things done over night... (APPLAUSE) ... and here comes poor Joe Blow, the poor taxpayer, that has been catching hell all his life, and for ten years he can't get his problem solved. UNIDENTIFIED SPEAKER: That's right! I agree with you! Mr. Dawkins: You know, so whatever we have to do, I mean, let's do it, OK? So, some kind of way... now, how long you say it is going to take, Mr. Rodriguez, to try to work this out? Mr. Rodriguez: July 26th, is it? ... when we are coming before the Commission with the... which is the Commission meeting on planning and zoning and you will have at that time a comprehensive plan before you and then you can look at it, and... excuse me, July 28th. Mr. Dawkins: July 28th, all right, so we are going to try to have this resolved... you be here on July 28th. Schedule it...do we have to schedule it or just look? Mr. Rodriguez: It will be part of the comprehensive plan that you will be looking at at that time and then at that time you can decide on whether you want to go along with this or not. He will be included in the list of people like him that have been bringing things to our attention. Mr. Dawkins: OK? I hope we can get is solved on the 28th, sir. Mr, Byrne: Thank you very much. 219 May 12, 1960 4W Mf. Dawkins: bbn't give it to us, bit, because we won't be able to find it. Mayor Suarez: Hopefully, before tan years we will sae you! 51. DISCUSSION CONCERNING LATIN JAZZ FESTIVAL REQUEST FOR FUNDS, Mayor Suarez: Item 55. We are going to go quickly through these, please. Funds... to request funds in connection with the Latin Jazz Festival. Mr. Wayne Rollins: My name is Wayne Rollins, I am the executive producer for Production Center for the Arts. We bring to the Miami Marine Stadium on June 25th the Latin Jazz on the Bay concert series. On the 23rd and the 24th, right before the concert, we will have a symposium, consisting of four seminars, on the ins and outs of the recording business, arts management, the history of jazz, and music merchandising. We ask the City to consider sponsoring this event by contributing the Miami Marine Stadium and the expenses described by Vic Cahill, the manager at the Miami Marine Stadium, as well as approximately $15,000 donation to aid in artistic fees. Mayor Suarez: The Manager's recommendation? Mr. Odio: No, again we have to deny this. Mayor Suarez: Are you aware that we have a festival policy and that you might apply and may or may not be funded. We have a total of five festivals that get funded, a total of $200,000 and each year, the amount that they got the year before is reduced by 20 percent so that there is $40,000 available for new festivals. Mr. Rollins: We also offer... Mayor Suarez: I don't know when that cycle will begin. When does that cycle begin? Mr. Odio: Next budget year. Mayor.Suarez: Yes, you may be in time to apply for that. Mr. Rollins: Mr. Mayor, we do also offer to provide the artist fee for a Latin Jazz at Bayfront for the labor day weekend, and I have contacted... Mayor Suarez: Well, you know what we can provide at Bayfront? We can give you the Amphitheater. Mrs. Kennedy: We can give you the use of the Amphitheater. Mayor Suarez: You are going to have to prove that you are going to really draw a lot of people, and that it is going to be a community wide thing, I would think, before the Commission would allow you the use of it, but it would be absolutely... I guess, well, it won't be absolutely free, it will be rent free, but it you might have to pay insurance and cleanup, and it has to be open to the public. Mr. Plummer: Free. Mr. Rollins: We would love to do that for the City; however, we would be in jeopardy of not being able to produce this event without the City's support for the June 25th event at the Miami Marine Stadium. Mrs. Kennedy: No, we are giving you an alternative to the June 25th event. Mr. Rollins: Excuse me? Mrs. Kennedy: This is an alternative to the June 25th event. Mr. Rollins: An alternative? Well, we have been planning it since September and we are extended in different areas of the funding for this event, and we have gotten sponsorship from Super-Q of $28,000 in promotions, which we will include the City of Miami in that promotion, as well as 95.70 WAVE FM. 220 May 12, 1988 L Mayor Suarez: Look, if you move very quickly for your June date, you may be able to use the Amphitheater. I don `t... you know, that is the bast we can do, and let the tell you, that is a great asset. That's got to be one of the most beautiful amphitheaters in any City in the United State. Mr. Rollins: Mr. Mayor, and from what I understand though, all the facilities for putting on a production are not yet in place, to you have to bring in a lot of third party contracts. Mayor Suarez: Well, we are doing the best we can to get them in place, but I'm offering you whatever we have out there. If it is a shell, it is a shell, but it is an awfully nice looking shell, and we can't really offer that at this point. You would have to show that you would have enough attendance and that you have all the other requirements, or something worth while, but you have enough time for that if you work with staff on it. Who should he... Madam? Mrs. Kennedy: He should contact Marta, with the white blouse, she'll give you the name of the manager and the number... the manager of Bayfront Park. Mayor Suarez: If you want to use that facility, and that is the only one that we are holding out to the public as being essentially free. That is the only facility in the City that has that, and it happens to be... Mr. Odio: We are going to ask the Commissioner whether it would be a good idea to reinstitute the Festival Advisory Board, so that they go to... all petitions go to that board and then they recommend like we did with the... Mayor Suarez: That is the old system and apparently I heard from the ones that were here before we got here that it always came back to this Commission anyhow. We have this policy, at least now, which seems to work reasonably well. Mr. Odio: Yes, but we are going to have to distribute this $180,000, so I don't know, maybe we should be all... Mayor Suarez: Well, really only forty, if the prior events are still held, so... Mr. Odio: So basically... Mayor Suarez: So you refer to staff for possible availability of the Bayfront Park Auditorium, which is a beautiful auditorium. Mr. Rollins: OK, for our June 25th event at the Marine Stadium, we are on our own? Is that basically what you are telling us? Mayor Suarez: Right, that is the best we can do. ------------------------------------------------------------------------------ 58. GRANT CLOSE STREET FOR WEST INDIAN AMERICAN DAY CARNIVAL FOR YOUTH ANNUAL CARNIVAL CELEBRATION (See label 38) ------------------------------------------------------------------------------ Mayor Suarez: Item 57. 56, we had done, I believe. 57 we had not. This is a competing group in the sense that you wanted to use the same location the same day? Mr. Odio: That is the problem, because he has... Mayor Suarez: Couldn't we do one on Saturday and one on Sunday? Mr. Odio: Yes, that is what we would recommend. Mrs. Kennedy: That's what I told you. Mayor Suarez: Well, which is Saturday, which is Sunday, then? How much did we give to... I hope we didn't give both days to other group. 221 May 12, 1988 a It 4 Mrs: Kennedy: We did, 8th and oth. Mr. Odio: What happened is, one group went to parks Department and the other one group went to the Community Development Department, and there was a lack of communication. Mayor Suarez: What a mess! Which would make more sense on Saturday, and which would make more sense on Sunday? Mr. Odio: I believe that they should get together. Mayor Suarez: Somebody better get a hold of the other group tomorrow, awfully early, otherwise we are going to have this matter before us again on the loth. Mr. Aldwin Thomas: My name is Aldwin Thomas. Mr. Dawkins: You say we are going to get one group Saturday and group Sunday? All right, the first group was here first can have Saturday and we give this group Sunday. I move that they have Sunday. Mayor Suarez: You have both at Bicentennial? Mr. Thomas: Bicentennial Park. Mrs. Kennedy: Why don't you move to Bayfront Park? Mr. Thomas: I just want to be... I want to be, for the record... Mayor Suarez: Have you considered Bayfront Park? Mr. Thomas: Yes, we have - Bicentennial Park. Mrs. Kennedy: No, Bayfront Park. Mayor Suarez: Have you considered Bayfront Park? Mr. Thomas: Yes. Mrs. Kennedy: Why don't use Bayfront Park, which is a finished park, or the part of the Amphitheater, rather than Bicentennial? Mr. Thomas: Well, I will get to that, but I just want to state my case. Mayor Suarez: No, don't do that. You could ruin your case by stating it, at this point. We are trying to accommodate you even though we have basically given, I think the entire weekend that you wanted to another competing organization, and we are trying to accommodate you now. Don't make it tougher... Mr. Odio: I might save him a lot of time. He is asking for $12,000. Mr. Thomas: No, no! I've withdrawn that. I am not asking for funds. I wanted to, because we have already gotten... Mayor Suarez: That's very smart. If you want to make a couple minute statement, but it might not help your cause, because we have to get on to many other items, and we are trying to resolve your problem. Mr. Thomas: I understand that, but, yes, I just want to go through briefly what the situation is. OK, just bear with me, please. We are not asking for funding. We have already gotten commitment from Guiness, from the County and from Coors Beer. However, this other group is in a situation where they are trying to capitalize on things that we have established. We have been doing this thing for the past three years, this will be our fourth year. To avoid conflict last year, we were told that the park was on a first come, first serve, basis. We made a down payment at the Parks and Recs and submitted an application the next day, October 9, 1987, and we told Kats and Mr. Kresky, special events coordinator that he would follow up. Low and behold, when we met with them, we told that on the advice from Community Development, they have accepted a check from another group and this really put us in a hood, because the other group is going about saying that they already have the 222 May 12, 1988 Permit and it is causing a lot of problems for us. We think that because of the hard work that we have done, the good will that we have established, that this event is ours. We've done a lot. We've brought a lot people into Miami for the festival. Hotel rooms are already booked for the event. You know, and I think it is kind of unfair, although, I would have no choice but to agree with you, but I think you ought to take a look at this, what I mean, and you know, I think it is something that you ought to consider, you know, to that we would not have to have this conflict in the future. And it is causing us a lot of problems. Mayor Suarez: Oh, I guarantee you next year we won't have it, or there is going to be a couple people less in Parks, or whatever department, where they got us into this fix that we are in. So, what is the best compromise, Saturday for one and Sunday for the other? Mr. Dawkins: Well, Commissioner Kennedy said let one of them use... Mrs. Kennedy: Bayfront Park. Mayor Suarez: But, you have advertised Bicentennial, haven't you? Mr. Thomas: Well, Bicentennial, it is a street parade. It is like the carnival parade. We have the support of all the bands in New York and throughout the place, and you know. It is going to cause me a problem, but whatever the Commission decides, I will just have to go with that. No, no, well, no, this is our weekend. You know, we already have the service marked, they can keep the festival whatever time they want to keep it, you know, but this is the time that we have historically kept this festival... Mayor Suarez: Can you do it on... Mr. Thomas: ... and we are trying to... always been successful... Mayor Suarez: Can you do the parade on the day that we were planning to allot to you, which was what? - Saturday or Sunday for this group? Mr. Thomas: Sunday. That is typically our day, but you know, but we... Mr. Dawkins: Why don't you do that Sunday? Mayor Suarez: Can you do it on Sunday, then? Mr. Thomas: Yes, definitely. Mr. Dawkins: All right, well, you got Sunday, the other guys got Saturday. Mayor Suarez: I'll entertain that in the form of a motion, and you are going to have to get a hold of the other group. Mr. Dawkins: So moved. Mrs. Kennedy: You had moved it. I second. Mr. Castaneda: I understand from the other group that the City Commission gave them both Saturday and Sunday. Mr. Dawkins: Well, we are going to take one back now. Mrs. Kennedy: It is correct. Mayor Suarez: We just took one away. Mr. Castaneda: OK. Mayor Suarez: OK, we have a motion and a second. Mrs. Kennedy: And I said that 57 was for the same dates and I was said no. I was told that it wasn't. Mayor Suarez: Somehow, it doesn't the register the first time, you know? OK, call the roll. 223 May 12, 1988 IL The following Motion WAS introduced by Committiohet Dawkihs, who moved its adoption: MOTION NO. 88-459 A MOTION PARTIALLY RESCINDING PRIOR VOTE ON MOTION 88- 443 WHICH HAD GRANTED REQUEST BY CARNIVAL DEVELOPMENT COMMITTEE FOR STREET CLOSURES ON OCTOBER 9, 1988; FURTHER GRANTING REPRESENTATIVES OF WEST INDIAN AMERICAN DAY CARNIVAL CLOSURE OF STREET IN CONNECTION WITH THEIR YOUTH ANNUAL CARNIVAL CELEBRATION SCHEDULED FOR OCTOBER 9, 1988. (NOTE: This motion amends prior Motion 88-443 by deleting October 9, 1988 from Carnival Development Committee in order to grant it to West Indian American Day Carnival group. Carnival Development Committee is allowed to close the streets on October 8, 1988.) Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: THERE WAS NO APPEARANCE ON AGENDA ITEM 58. 59. ALLOCATE $6,500 ANNUALLY FOR BORINQUEN HEALTH CARE CENTER INC. TO PAY FOR PARKING FACILITIES. Mayor Suarez: Item 59. I know there is someone here for item 59! Thank you gentlemen. Haven't you got the thing worked out with the Off -Street Parking? Mr. Emilio Lopez: Well, that is what I want to tell you. Mayor Suarez: OK, you are going to give us the good news? Mr. Jack Mulvena: It has worked out! Mr. Lopez: Well, Mr. Wally Lee and John Mulvena, we had a meeting. We agreed to come to an agreement of two things. The problem with Borinquen Health Care Center parking could be resolved two ways. The way that I was suggesting was to come to the Commission and ask for funds, an amount, so I don't have to worry about the parking anymore, and what they suggested was that would come up with an amount of money and waiving the fees that they could earn through the years, and instead of asking for the total amount, that we can prorate the amount, and the amount of money that they are talking about is $1,159, and what we would like to do is, request from the Commission to allow us... out of that $1,159, you already give me $15,000 last year, so actually it is $86,000, to prorate it for four or five years, and so we don't have to worry about the parking for Borinquen Health Care, forever, you know. And this parking... Mayor Suarez: Wait, wait, Emilio, he is kind of smiling and winking over here like he is ready to deal. Mr. Lopez: OK. Mr. Mulvena: Well, I just mean it is close, it is very close. Mayor Suarez: Close? How close is close? Mr. Dawkins: How close is it? 224 May 12, 1988 IN I Mr. 'Mulvena: Weli, it is $1616000 in addition to the W ,D00, and it is six and one-half year prorated, but... Mr. Lopez: What was that again? Cone back again to the.... Mayor Suarez: it is $101,000, altogether it is six and one-half... Mr. Davkins: All of a sudden he don't speak English. Mayor Suarez::.. prorated over six and one-half years, you said? Mr. Mulvena: Right, yes. The premise is... Mr. Lopez: Well, that is not... reading the contract, that is, i didn't understood it that way. Mr. Mulvena: Yes, I gave it back to him. Mr. Dawkins: Listen, the man is going to give you the rest of the money, and give you the time, now what is your problem? Mr. Mulvena: He is going to get it somewhere. Mr. Plummer: (OFF MIKE) He is asking, the City for the money to pay him. Mr. Lopez: Right, that is what I am asking. Mayor Suarez: Where are we going to get it? Mr. Lopez: "I don't knowl I mean, the last time I was here, you know... Mayor Suarez: We were supposed to make a commitment to the full $150,000. Mr. :Lopez: You were supposed to make a commitment to that, and I bought a building through funds from the City of Miami.. Mayor Suarez: We anticipated a surplus every year of no less than half a million,and we figured $15,000 a year out of that, for... Mr. Lopez: Those monies came from the... remember the $500,000 from -their own money, you know. Mayor Suarez: The surplus,. right. Mr. Lopez: So, I mean, but what I want, to let you know isthatyou know, we bought a building that cost $2,500,000. Mayor Suarez: Why can't you leave.. doesn't it have parking meters? Mr. Lopez: No, we went through that already. Mayor Suarez: Oh. Mr. Lopez: But, you know, it creates a problem for all the staff and all the people. When you have a clinic that people are seeing a doctor, they don't have to come downstairs and put the dime, or whatever, you know. We went through all that before. Mayor Suarez: I don't like parking meters either, myself. Mr. Lopez: I know, but... so that is the proposal. Mr. Odio; We are talking about $5,000 a year, for the next fifteen years,,' $5,000. '. Mr. Lopez: We are talking about or fifteen, right? Mr. Odio; It is five, $5,000, Mr. Mulvena: You are both right, See, what we did was, if I may just say, we... 225 May 12, 1988 n, �s mayor suarez: You remind me of those 66mfnettials where the guy Says you are both right. Now, what is thist Is it five or fifteen? Mr. Mulvena: Well, it depends on how and what you divide, and how a,any year§: MUMBLE BLE BACKGROUND COMMENTS NOT ENTERED INTO THE Bt UC MOM Mr. Mulvena: Might, you divided by fifteen, he divided by six and 6ne=half years. The term of the lease... Mr. De Yurre: Oh, it is $1,000 for the Next 15 years: Mr: Mulvena: Yes, the term of the lease we have left with the Department of Transportation is 15 years, OK7.66 and we have... Mayor Suarez: $5,000 a year for 15 years? Mr. Lopez: I don't care, you do whatever you want. Mayor Suarez: Well, it's you money, you ought to care! Mr. Lopez: No, I am asking the City of Miami to do that. Mr. Dawkins: He don't care! Mayor Suarez: You are getting a whole parking lot for $5,000 a year. Mr. Lopez: What I am saying to you... Mayor Suarez: I'd do it for 50 years, if I were you, I mean! Mr. Lopez: See, that is not the agreement that these people talked to me, that we were going to you people over here. Mayor Suarez: Well, we just squeezed them a little more. Mr. Lopez: Well, that... not But, the problem is that, you know, the clinic do not have the money. You know we have been cut from the Feds. This year I have been cut $600,000. Mayor Suarez: $5,000 a year? Mr. Lopez: I'm telling you. Mayor Suarez: What's your gross? Mr. Lopez: What do you mean, what is my gross? - what I earn through the clinic? We earn from fees from the patients maybe between $200,000 to $300,000. Mayor Suarez: No, not Gross, gross, gross, fees from the patients, medicare, medicaid, HMO, whatever you get money from. Mr. Lopez: That's what I'm saying to you, ninety-five....We get most of the funds, $3,100,000, to serve the indigent population of Dade County and the City of Miami... Mayor Suarez: Right, I figured that. What is your gross for the entire operation? Mr. Lopez: About $200,000 to $250,000 a year and that .goes reinverted back.... Mayor Suarez: Including indigent care, everything? Mr. Lopez: Yes, yes. Mayor Suarez; What's your total gross in fees received, payments grants, whatever? Mr. Lopez: Right now, $3,100,000, 1 220 May 12, 1488 t Mayor Suarez: Ot loo,000? $5,000 is just not a big &Mount, Mr, Lopw And they are going to tut s: Mr. odio: We might have a solution here. Mayor Suarez: You do? Mr. Mulvena: Well, there was another solution we offered for the clinic, which wasn't accepted, and that was to take the lot, and to put meters in there at the lowest rate we can provide, that even the poor and indigent can afford. Mayor Suarez: Why do you say that is a solution? I just asked him about five minutes ago about that, and he said absolutely no way. Mr. Mulvena: oh! Mayor Suarez: How about low rate meters? Mr. Lopez: We went through that, and you know, we went in front of his board and we explained the reasons... Mayor Suarez: You know, $5,000 a year is probably the best that we can do, Emilio. On an operation that grosses $3,100,000, $5,000 is... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: I know, I know, all people, there are people that are poor, I have seen them, I can't believe the number of people you treat over there, it is just a magnificent operation, but... Mr. Lopez: Well, I. I... Mayor Suarez: I will commit myself to... wait a minute, Emilio, I will commit myself to having the $5,000 come from the Commission every year, but I don't know if the rest of the Commission wants to make that commitment. You've got $15,000 already, so you have got three years. Mr. Lopez: Well, you know... fine, if you... you know, that is the same thing, the last time I was here... Mr. Dawkins: Wait, a minute, hold it, hold it. What did you say, Mr. Mayor? Mayor Suarez: He's got $15,000 already, so he has got the next three years. Mr. Dawkins: So what now, you said you would commit yourself to what? Mayor Suarez: I'd commit myself every year to finding $5,000 for him. Mr. Dawkins: From the Commission? Mayor Suarez: Yes. Mr. Dawkins: OK, we just gave money to the northeast and say that the northeast don't ever get anything. Here, the poor Puerto Ricans over there in Wynwood, they don't never get anything, so I'd go along with it. Let's fine $5,000 a year for the Puerto Ricans. Mr. Lopez: For 15 years. I don't see... Mr. Dawkins: Give me a break! Mayor Suarez: Wait, we are doing $5,000... Mr. Dawkins: We are doing $5,000 a year, that's in three years, that is $15,000. Mayor Suarez: And you got the first three years taken care of. 1% 0 Mr. L6p@t, that is, you know t.. , It they have 15 YlAt§ they WAht Whit for the money, that's fine with fhb. Mayor SuAt6l! That's What he said: Mr. Dawkins: That's What he said. That's right, Mayor Suaralt Didn't you bay you are willing to do it Ott a IS year b&§ist Mr. Mulvena.- Oh, yes, well the term is for IS-# and it they want to, take the... Mr, Dawkinat That's right, no pr6bleml Mr. Mulvehtt Yes, we originally started with the one hundred and one, If you divide it by fifteen or six and one-half, that's fifteen's all right. Mr. Dawkins: You won't be here, and I won't be here. What is your problem, all right? We'll be gone. Mayor Suarez: Six and one-half a year, we have got a commitment here that we will come up with six and one-half for you every year. Mr. Dawkins: No. Six and one-half? Mayor Suarez: Well, it is not quite five. Mr. Dawkins: OK. Mayor Suarez: Six and one-half. Mr. Dawkins: OK, no problem. Mr. Plummer: Who owns the property in the end? Mr. Lopez: You own it, I don't own it. I don't want it. It will be that park in five years. Actually, it is a sublease. Mayor Suarez: DOT, yes, OK. Mr. Lopez: It is,a sublease, you know, it belongs to the State. Mayor Suarez: You got $15,000 right now? Mr. Lopez: From you people, yes, OK, I got no problem. Mayor Suarez: Right, so that will cover the first two and one-half years, and after that, we will pick... Mr. Plummer: Whit a minute. 'You subl ease that property from the S'ta te of Florida? Mr. Lopez; Yes,ifor $1.00 for 30 years. Mr. Plummer: And how I much did you pay for improvements to that, property? Mayor Suarez: One hundred fifty... Mr. Mulvena: Oh, about $140,000. Mr, Lopez: and they are charging $101 to you people., Mr. Plummer; $140,000 worth of improvements? Mr. Mulvena; Right. We are down to about $101,000 unamortized remainder. That I! what we are dividing up. All we want back is our construction costs. We don t.,, Mr, Lopez;, Go and take a look. Mayor Suarez; OK, do you need a motion on that? 228 "ay ty, 42, 49 a : a Mt. bawkins: fifes, t move it. Mr. Plumber Second. Mr. be Yurre: Second, Mayor Suarez: Seconded, any further discussi6h? Mr. Lopez: So every year I come back to you and pay $6,000? Fine. Mayor Suarez: Wait, if you promise not to come to the Commission, we'll go ahead and make a motion that will cover the 15 years so we don't have to see you. No, that is OR, we will take you every year. Mr. Lopez: fine, you make the motion for 15 years, I don't come back here in front of you again, I don't care. Mayor Suarez: We really can't bind the City for 15 years. OR, call the roll. Mr. Plummer: Emilio, you are the only man I know that goes to the poor house in a limousine. Mr. Lopez: Hey, you better be careful with that! Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 88-460 A MOTION GRANTING REQUEST FROM MR. EMILIO LOPEZ OF BORINQUEN HEALTH CARE CENTER, INC. FOR AN ALLOCATION OF $6,500 EACH YEAR (FOR APPROXIMATELY 15 YEARS) IN ORDER THAT SAID CLINIC MAY PAY FOR ANNUAL OFF-STREET PARKING COSTS AT MUNICIPAL LOT 56 (N.E. 38TH STREET) PURSUANT TO PROPOSED AGREEMENT BETWEEN BORINQUEN HEALTH CARE CENTER, INC. AND OFF-STREET PARKING DEPARTMENT. 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. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Rosario Kennedy COMMENTS MADE DURING ROLL CALL: Mr. Lopez: Let me understand this. How is it going to be now? Mayor Suarez: We are accepting your deal to pay six and one-half... no, I am not going to tell him in Spanish. I think his English is better than his Spanish! Six and one-half a year, $6,500 a year for 15 years, is your deal with the Off -Street Parking Authority, which we are approving. There we go! Keep calling the roll. 60, APPOINT JOSIE PARKE, CARRIE STONE, PABLO PEREZ=CISNEROS, AND ORLANDO URRA TO THE COMMITTEE TO STUDY THE CUBAN MUSEUM ALLEGATIONS (Ste label 5) Mr, be Yurre: Mr. Mayor, before we go on to the next item: Mayor Suarez: Commissioner. Mr. be Yurre: We discussed this morning the naming of the board for the Cuban Museum and you know, we need to address that tonight, That's the agreement that we had this morning. Mr. Plummer: I'm ready with my appointment. Mayor Suarez: I am not ready for this board at all. Mr. De Yurre: Well opposed to a board, what if we all agree on one person to sit there? Mayor Suarez: I mean, I could suggest someone that help to mediate that. One name that came to mind is Brian Walsh, Monsignor Brian Walsh, but I mean, I don't know if we are in a position to be able to really get involved in that. Mr. De Yurre: Well, the thing, we are not talking about mediating, we are just talking about observations. Mr. Plummer: That's right. Mayor Suarez: I don't know if that makes any sense for us to appoint a board beyond this Commission, but we did vote for it, so unless somebody wants to reconsider it. OK, do you have an appointment? Mr. De Yurre: I have one, Josie Parke. Mr. Plummer: Terry Stone. Mayor Suarez: We have two nominations. Mr. De Yurre: She's got to speak Spanish now, remember that. Mr. Plummer: What? Mr. De Yurre: Better speak Spanish. Mr. Plummer: What do you mean she's got to speak Spanish? Mr. De Yurre: That meeting ain't going to be held in English, I can assure you that. Mr. Plummer: You are telling me that those meetings are not held in English? Mr. De Yurre: I'd bet you anything. Mr. Plummer: And it is mandatory they be held in Spanish? Mr. De Yurre: No, I am not saying it is mandatory, but I bet you there is not much English spoken there. Mr. Plummer: Well, then I think that it is only appropriate they provide a translator into English. Mr. De Yurre: Whew! Mayor Suarez: OK, he's got an appointment with a translator. Anyone else? My wife is a translator. No, I don't want her involved in that. Pablo, yes, you look like a reasonable guy. Pablo Perez -Cisneros. f INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD, E, 230 May 12, 1900 AW Mr. be Yurra: boos he head a translator? Mr. Plummer: Not really, Miami Capital. Mayor Suarez: No, he works for Miami Capital. Mr. Dawkins: Orlando Urra, he speaks _ Spanish and tnglish. Mayor Suarez: Orlando? You just got appointed. All right, we have got four nominations. I entertain that in the form of a motion. Mr. be Yurre: Move it. Mayor Suarez: And a second? Mr. Dawkins: Second. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 88-461 A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO SERVE ON A COMMITTEE TO ATTEND, REVIEW AND REPRESENT THE CITY COMMISSION AT THE CUBAN MUSEUM BOARD MEETINGS: JOSIE PARKE (nominated by Comm. De Yurre) TERRIL STONE (nominated by Comm. Plummer) PABLO PEREZ-CISNEROS (nominated by Mayor Suarez ORLANDO URRA (nominated by Comm. Dawkins) 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. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Rosario Kennedy Mayor Suarez: Do you have a name for that committee to monitor the Cuban Museum? 61. DISCUSSION CONCERNING GRANTS ACQUISITION ASSISTANCE FOR THE CITY. Mayor Suarez: Item 61. quickly. John. Mr. John Adams: Thank you, Mr. Mayor, John Adams, Adams and Company, 8925 SW 148th Street. I'm pleased to have the privilege to appear tonight. We've seen a good deal of what constitutes the City's problem. Here tonight what I am doing, is bringing you a solution to it. We first became aware of some of the problems of the City last summer, in the workshop that we gave City employees and in research we did in preparation for it. Our staff has been responsible for a number of excellent projects in the City. The percentage of take in grants for the City has been substantially below that of other comparable communities. As a matter of fact, Florida as a state is 50th out of 50, in per capita recovery of Federal funds, coming also below the territories of Guam and Puerto Rico. With over 1,500 Federal and State programs, and 950 foundations in the State, it is unreasonable for the City to expect its staff to be current on all of the rules and regulations for all of the projects, and all of the programs. The City should be pulling in between five and ten percent of their budget in grants, meaning that it would translate to something between $8,000,000 and $15,000,000 per year. We have 231 May 12, 1988 r 0 0 suggested a program for you to do that, road, law enforcement, the Latin Quarter... including the areas of streets and Mayor Suarez: Excuse toe for a second, John, Is the Manager going to recommend anything in regards to this, I mean, I've been briefed extensively on this idea. Mr. Odio: I have too. Again, it is a question, we would have to negotiate where his fee would come out of grants he obtained directly by him, but I don't want to put somebody else on the payroll. Mr. Plummer: Well, that's what my understanding was, yet when he spoke with me this morning, he said he can't do that. Mr. Odio: Well then, I cannot recommend it. Mr. Plummer: OK. Mayor Suarez: Is there anyone on this Commission that is going to recommend that we make some kind of a commitment? I mean, I... Mr. Plummer: He feels he can get a lot of grant money, but he doesn't want to work on a percentage. Mr. De Yurre: Mr. Mayor, I've spoken and the City Manager has also spoken with Mr. Adams, and I am not in a position, because we expressed it to him about our situation as far as putting up money on a contractual basis, and I think the original amount was $80,000, something to that extent. By the same token, I realize the significance of having the services of Mr. Adams available to the City. I am sure that he could provide many, many thousands of dollars beyond what he would cost the City, and in a situation where we are looking for additional funds, I think, that you know, the Commission should consider sort of like a test period, during which we have right now the legislative period going up in Tallahassee, that will be up in a few weeks. If we could come to some sort of agreement wherein we are willing to pay up to the first three months, wherein by that time money has to have come in from Tallahassee, since the session is going to be over, and we reevaluate his performance for that three month period and then we make a decision whether we want to take it long term and do it on an annual basis. We are talking, what is it, about $4,000 a month? Cesar. Mr. Odio: I haven't talked dollars with him in detail, I don't believe. The last figure I saw was $80,000 a year. Mr. De Yurre: Well, my understanding was it got knocked down to about $48,000 a year, so it amounts to $4,000 a month, and I would be in a position to approve it on a contingency basis in the sense that we have a trial period of three months. All we are putting up is $12,000, and let's see what kind of results we get from Tallahassee beyond what we have been getting and then... Mr. Odio: Well, Commissioner, the problem with Tallahassee at this time, is that most bills are out of committees and the House has already a budget... Mr. Dawkins: Do you have the $4,000 to pay him? Mr. Odio: No, sir. Mr. Dawkins: What are you discussing? Mr. Odio: Well, I am trying... Mrs. Kennedy: Don't we have grant writer in the City? Mr. Odio: Yes, you do. Mr. Dawkins: I mean, well tell the Manager, tell Commissioner De Yurre you either have $4,000 to pay the gentlemen, or we don't have $4,000 to pay him, and then we know what we are doing. Mr. Odio: We didn't have that money allocated in the budget. 232 May 12, 1988 Mr, bawkin§- All right how:, lets go back t6 C6fin§§15fiaf be Yurre and see what we are going to do. Mr. be Yurre: Wail, one thing is alloeated► ah6ther thing is, en it be f6und? Mr. Odi6t Well, C6%missibh6t... Mr, be Murree A116eatedl Of course hot, he wasn't here. Mr. Odio.- Well, we hired him for workshops. He did some workshops with the City employees. We have about four people writing grants at this moment in the City. We have the lobbyist in Tallahassee, and our lobbyist in Washington. We have the Police Department have their own grant writers. Toby Anderson is spending a lot of time. I cannot justify it. I don't believe... by the time he gets to Tallahassee, the committees are all out, I believe the House budget, I talked to Representative Mike Abrams the other day, and the bills are in... Mrs. Kennedy: Already everything is in appropriations. Mr. Odio: But besides that, I don't have that money to do this. Mayor Suarez: OK, I will entertain a motion one way or the other. Mr. De Yurre e Well, I will move that we give it a three month period at $4,000 a month, and... Mayor Suarez: So moved. Mr. De Yurre: then bring it back to the City to. reevaluate the performance and make a decision on a firmer basis at that point in time. Mayor Suarez: Going once, do we'have a second? Do we have a- second? Do we have a second? We don't. -------------------------------------------------------------------- 62. CONFIRM ORDERING RESOLUTION FOR.DOWNTOWN HIGHWAY IMPROVEMENT - PHASE II.. Mayor Suarez: The item that, you wanted heard that had been postponed once or twice, was which, item 827' Mr. Odio: And 83, Mr. Mayor, we need that to finish the arena. Mayor Suarez: 83 is the Mr. Odio: The arena, immediate area of the arena. Mayor Suarez: Does anybody have any problems with item 83? Confirming the ordering resolution for the downtown highway improvement, phase II? Commissioners. Mrs. Kennedy: Move it. Mayor Suarez: Moved. Mr. De Yurre: Second. Mayor Suarez: Seconded. Any discussion?" Call the roll on 83. 0 0 The foll6wifi8 resolutioh was iihtroduced by C6mmi5aioher Kefitiedy, who th6ved its adoption: RESOLUTION NO, 88=462 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO, 88-120 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF DOWNTOWN HIGHWAY IMPROVEMENT -PHASE II IN DOWNTOWN HIGHWAY IMPROVEMENT DISTRICT PHASE II H-4521. (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. 63. AUTHORIZE CLASS C SPECIAL PERMIT TO MIXED -USE PROJECT FOR AREA BOUNDED BY APPROXIMATELY 3151-3199 S.W. 27 AVENUE, 2660 LINCOLN AVENUE AND 2699 TIGERTAIL AVENUE. Mayor Suarez: Item 82. The neighbors want one thing, planning wants something different. How are we going to resolve this? Mr. Guillermo Olmedillo: Mr. Mayor, this is before you to review the landscape plan for the project. Mayor Suarez: That's right and the access too also, right? The exits and the access too, right? Mr. Olmedillo: Well, the way the ordinance reads is for you to review and approve the landscape plan. Mayor Suarez: Just landscape? Mr. Olmedillo: Right, the Class C, which is going to be reviewed by the planning department, which is being reviewed by the planning department, will deal with every other single item. How... Mayor Suarez: The fact that we approve or disapprove landscaping does not affect at all Class C permit? Mr. Olmedillo: Well, it will tell us the landscaping portion of the Class C. If you have approved it, of course, we will go ahead with the same things. But, however, the Class C can be issued and the Class C may be appealed, both to the zoning board and to the City Commission ultimately. Mr. Plummer: That's not what it says here. My agenda says a resolution authorizing the planning department to process Class C special permit. Mr. Olmedillo: That is correct, sir, because... Mr. Plummer: Just to process? Mr. Olmedillo; The thing is that the landscaping plan is part of the Class C. It's only a portion of the Class C so you're authorizing us 'by telling us, go ahead or deny the landscaping. 234 RM May 12, 1988 i Mr. Plummer: Oh, OK, I understand. in other words, this portion you can't proceed until this portion is approved. Mr. Olmedillo: That is correct, sir. Mr. Plummer: OK, Mr. Olmedillo: What the applicant has is a building on Tigertail and 2?th Avenue and I hope this is readable for you, Mr. Mayor. We made a special map for you so can... Mayor Suarez: Oh, I like that one, Guillermo. See streets marked and big. Mr. Olmedillo: And what the applicant has presented to us is a project which includes an office building and a restaurant with parking. Mayor Suarez: What does that have to do with landscaping? Mr. Olmedillo: The landscaping, I trust the applicant provided each one of you with the landscaping plan. It was also in the package that was delivered for the last Commission meeting and we were satisfied as far the landscaping is concerned. We're satisfied with what the applicant has provided us with. Mayor Suarez: OK, neighbors. Mr. Plummer: No. Mayor Suarez: No neighbors? Jim McMaster, you don't like the landscaping? You do like the landscaping. Mr. Jim McMaster: Jim McMaster, 2940 S.W. 30th Court, Coconut Grove. And I'm here for Tucker Gibbs who is the attorney for the Civil Service Board for the City of North Miami Beach and he's had many meetings with the developers that I have not been involved in. He couldn't be here tonight because of a civil service meeting and asked me to speak. If I understood Guillermo correctly, if you approve this plan, you are approving the landscaping part of it only and Tucker has indicated that the real problem here is that SPI-13 is supposed to direct these buildings towards 27th Avenue. After 25 or 26 meetings, we came up with SPI-13 to protect the neighborhoods around it. This plan enables you to come down Tigertail and look and in effect the building is right on top of you. What the Civic Club is asking for is a solid wall of trees and landscaping from the back property line to the corner that would block this building from view from Tigertail and... Mayor Suarez (OFF MIKE): Are you able to show that on there, what he's talking about? Mr. McMaster: ... this plan does not do that. So it... Mayor Suarez (OFF MIKE): Let's see if he can show that what you mean. Mr. Plummer: Well, let me ask this question. Walls are not landscaping. Now, I guess, if I understand what I was told, landscaping is bushes and trees and shrubbery and grass and whatever else. A wall would be an issue that would be addressed, I assume, in the rest of the process of the Class C. I can't answer that, but make that delineation for me, am I right or am I wrong? Mr. Olmedillo: If I may, Mr. Commissioner, landscaping would include hard surfaces, soft surfaces, planting material, you were referring only to the planting material portion of the landscaping. But it does include, like the low walls, the paving materials that they may use, the hard surfaces or soft surfaces. Mr. Plummer: But he's talking about a wall for the purposes of dividing. Mr. Olmedillo: It does relate to the landscaping. Mr. Plummer: That's landscaping? Mr. Olmedillo: That will relate to the landscaping, yes, sir. Mr. Plummer: I wonder how the people in Berlin feel about that? 235 May 12, 1988 W 6� Mr. McMaster: it should have been More like a wall of trees. Mrs. Kennedy: YOU live nekt to a wall. Mr. McMaster: Could 1 get a clarification, if you approve this Class C tonight, is this it? Because we don't necessarily want to hold the developer up but we do want to talk to him more about what he's presented, If you vote yes on the landscaping tonight, is this it or can we discuss it with him in the future? We'd like to leave that open. i don't know if this sort of is it tonight. Mr. Olmedillo: As I state before, you will deal with the landscaping tonight. We go ahead with the Class C. We may approve it or deny it and then the appeal process may start. If they appeal it, of course. Mr. Plummer: For the record, you said you're in favor of this landscaping proposal. Mr. Olmedillo: That is correct, sir. Mr. Plummer: I move item 82. Mr. De Yurre (OFF MIKE): Second. Mr. Dawkins (OFF MIKE): Madam, madam. Mrs. Kennedy: It has been moved and seconded to appeal - to approve this plan. Is there any further discussion from this board? Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-463 A RESOLUTION AUTHORIZING THE PLANNING DEPARTMENT TO PROCESS CLASS C SPECIAL PERMIT NO. 88-910, RELATING TO A MIXED -USE PROJECT FOR AN AREA BOUNDED BY APPROXIMATELY 3151-3199 SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, 2660 LINCOLN AVENUE, MIAMI, FLORIDA AND 2699 TIGERTAIL AVENUE, AFTER REQUIRED REVIEW BY THE CITY COMMISSION OF LANDSCAPE PLANS. (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. 236 May 12, 1900 64. DISCUSSION BY BILL PERRY CONCERNING SINGLE -MEMBER DISTRICTS. Mr. Dawkins: We skipped over Dr. Perry, he was 60 and we went to 61. Dr. Perry. Mrs. Kennedy: We left off in 60. NOTE FOR THE RECORD: Commissioner Plummer stated to persons with signs reading "NO BUILDING ON 32ND ROAD" that their issue was not on the agenda and therefore would not be heard because the meeting would adjourn at 9:00 p.m. and the few minutes left would not allow for items not scheduled on the agenda. Mr. Bill Perry: Thank you, Commissioner Dawkins, for a while I thought I was being punished there. But let me just give a couple of thanks, maybe three thanks. Since the last meeting, I've had a chance to meet with the Mayor and with the City Manager and we've discussed some matters and we're attempting to resolve them. I'd also like to thank Commissioner Dawkins for being somewhat sensitive to some of the problems in Overtown and being able to deal with Tom Post, who a lot of us have some certain feelings about. And I would also like to thank Commissioner De Yurre for being somewhat sensitive to the needs of the African -American firefighters that apparently are being punished by the Fascist leadership of the firefighters union. But my comments today on item 61, I tried to write some notes and I'll read them to you to save some time. The new makeup of the Commission has brought us a long way toward placing Miami on the right side of history. The process of democratic government entails striving for equality relative to representation. The Supreme Court provided the back drop by way of proclaiming one man, one vote as constitutional and the morally right thing to do. I am of the opinion that this Commission can go down in the annals of history as the Commission that made adequate, equal and fair representation a reality to all citizens of Miami. Just about one decade ago, the state legislature moved from large districts to single member. Thus causing a dramatic increase in minority representation. The African American community of Dade was able to elect its first state senator since reconstruction. Single member districting carries with it several advantages, including reducing the cost of campaigning, providing fair and equitable representation, increasing the power of a single vote, bringing the elected officials closer to their constituents, enabling the average voter to develop a sense of belonging, of self worth, altering power relationships, increasing greater interest in the political process. In other words, single member districting brings us closer to achieving the ideals of a democratic society. It tends to include people rather than exclude them. Today I ask that each of you begin to examine pluses and minuses of single member districting and at a latter date, take, move and at a later time move Miami in that direction. I also seek access to staff for assistance in obtaining certain demographic information. Finally, I think each of you should make a public statement reflective or indicative of your posture as relates to single member districting for the City of Miami. And I hope that some of you who gave positive statements during your campaigns will be able to reiterate those statements at that time. Thank you very much. Mayor Suarez: Thank you, Dr. Perry. Commissioners, anyone? I'll reiterate my statement and tell you that if a motion does not carry on that issue that I will proceed to try to get it on the ballot by petition and I believe in single member districts. I believe that they're a lot more necessary in the county than in the City, but I think that they would be useful in the City also. And I would be, myself, thinking in terms of seven districts and would enter... seven districts for seven Commissioners and will entertain a motion from any member of this Commission to that effect or to any other effect to reflect your desire for single member districts. Mr. Perry (OFF MIKE): I'm not looking for a motion tonight, Mr. Mayor. Mayor Suarez: You're not looking for a motion, fine. OK, just... Mr. Perry (OFF MIKE): ... just get some reading as to where the Commissioners are. 237 May 12, 1988 Mayor Suarez: OX, that's fay feeling. Mr. be Yurre: I'd like to state that, when we're talking about minority representation, this Commission is 80 percent minority. Now I don't know if maybe J.L.'s a minority now in the City of Miami. Mr. Plummer: I think you'll find that it's 89 percent. As I am told in the category which I fall called "other." 1 used to be called white Anglo, I'm now "other", I'm 11 percent. Yet I'm - and this is not any disregard to my colleagues - I'm the only one who won without a runoff with five opponents. Now, Bill, let me give you a public statement on the record. I have a problem with single member districts and let me tell you what it is. It tends to form ward politics and I don't ever want to see a Chicago in the City of Miami. I don't know of any other Commission that I know around that has that true representation that you speak of. We have the greatest majority of this Commission is three Cubans, we have one black and one Anglo. Now, maybe the issue that the Mayor's speaking to, which I would oppose, is going to seven members instead of five. To me, you're creating a ward politics where the elected official somewhat is only answerable to the people of his district and to me that's wrong. I don't serve a district, I don't serve a given location, I serve all of the people of this City and I have and I will continue to because let me tell you something, in the last election, I got damn near 70 percent of the vote and 70 percent says the majority of these people elected me and that's who I'm going to represent. I am scared to death of single member districts based on ward politics and I just can't go with it at this time. (Applause) Mr. De Yurre: Just for the record, I want to mention that... Mayor Suarez: Please. Mr. De Yurre: ... I was the only challenger that won and got elected so... Mr. Plummer: The only challenger that won and got elected, OK. Mayor Suarez: Anything further from the Commission on this topic? Madam Vice Mayor. Mrs. Kennedy: I tend to agree, the advantage of single member districts is that you do get ethnic representation. Having given it a lot of thought, you know, this would work great for the state, great for the county, great for big cities such as New York where you have several neighborhoods. I don't know if Miami it's a good place because here you represent the whole City. 65. DISCUSSION CONCERNING A STREET AND SIDEWALK CLEANING FEE. ------------------------------------------------------------------------------ Mayor Suarez: OK, anything else? Mr. City Manager, I know that we ought to - most pressing matter of all is the trash fee one way or the other. We ought to resolve it. What item is that? Mrs. Kennedy: I've got to leave at 9:00 o'clock. Mr. Odio: Eighty-five, eighty-five. Mayor Suarez: Item 85, quickly. Needs a 4/5ths vote. Mr. Odio: No, sir, I would prefer that we pass it on first reading so that if there's any amendments to it, that we make the changes and then bring it back in the first meeting of June as a final. Mayor Suarez: I think the Commission has been briefed extensively. I don't know whether we need to hear from staff. Mr. Pumo, you're opposing it. Mr. Pumo: Yes, I am. 238 May 12, 1988 Mayor guaret: tell us thy, I mean... Mr. pumo: OR, Mayor guarel: ,.i that you haven't already told us because you"ve already told us before, Mr. Pumo: No, I've had.., since the last meeting I came with W ,000 worth of bills, As it stands right now, this could cost me $63,910 as proposed. It's more than what the original proposal was. You're... Mr, Plummer: Yes, but Mr. Puma, how many properties do you own, sir? I mean, you're talking about one property or are you talking about a hundred properties? Mr. Pumo: I'm talking about several properties owned by an individual family. Mr. Plummer: No, sir, I'm asking you again, how many parcels do you own? Mayor Suareze Now many properties altogether..... Mr. Pumo: Parcels of property? Mr. Plummer: Yes, sir. Mr. Pumo: Seventy-two, Mr. Plummer: Seventy-two, OK. Mr. Carlos Smith: Can I... Now I can understand a little bit better. Mr. Odio: Wait, be... Mr. Pumo: That equates out to a little over - on the street frontages, it will equate out to about 17,500 feet. Mr. Smith: May I... Mr., Pumo: OK, a little over three miles.. Now, what this ordinance has done, what this ordinance has done. - Mayor Suarez: Let me just ask our staff, I see holding your hand up, I mean, what... Mr. Pumo: Sure. Mr. Smith: No, I want... Mayor Suarez: .. are you going to argue with what he has stated so far, which is that he's against it and he's got 72 properties and he pays $69,000? Mr. Smith: That's what I'd like to correct because... Mayor Suarez: It's not right - factually? Mr. Smith: Mr. Pumo. The figure of $67,000 that he's stating... Mrs. Kennedy: How much? Mr. Smith;, $67,000 I think he said... Mr, Pumo: $63,910. Mr,. Smith OK. He's assuming that that figure - as a matter of fact that figure, I believe, from talking to him yesterday is based on us cleaning his streets on all of his properties seven days a week and that is not correct. Mr, Pumo: That is correct, Mayor Suarez: So, you think his calculations are wrong. So he should be very relieved to know that the figure will actually be roughly... 239 May 12, 1988 Mr. Mith: I don't know because I don't know where his properties are located but I can tell you it will be significantly less than that. Mayor Suarez: your or five times less. Mr. Smith: lasilyi. Mr. Sumo: Maybe I can explain something, sir. Mayor Suarez: Or, yes, it could be four or five times less than that Seri. Mr. Pumo: Wait a minute, wait a minute, I can be billed = the way this ordinance is written right now, I can be billed from zero dollars to $61,000. You have not given any restrictions to the solid waste department in any way, shape or form in the manner of billing: Mayor Suarez: That's a different argument though, and that may be true because we have not... Mr. Pumo: But this is the ord... it's not... Mayor Suarez: ... we have not set a limit on the number of times a street can be clean, is that why you're saying that? Mr. Pumo: You have not set a limit on when the streets can be added to it, deleted to it. You have not set a limit on the frequencies of when, without notification to the owner. Mayor Suarez: Well, but... Mr. Pumo: Let me just read a statement and then this way you can get rid of me, OK? The union that was here a little earlier called for equity and equality. I agree with them. Let's keep it equal amongst all property owners. Last time I had fifty-three thousand, this time I have a possibility of being billed sixty-three thousand. It's a possibility, it can be done. If they get strapped, they can do it. Mayor Suarez: If you're going to... but, really, frankly, if you're going to do possibilities, it could be even more if we decided to do it ten times a day, I mean, we're not going to do that. Mr. Pumo: That's correct, but you have not given that limitation or that restriction upon them to do so, OK? Now, we have a problem with what the definition of a commercial property is. They have sent me a list of commercial properties which they did do this. And amongst them is the Government Center, Bayside, the government downtown, the museum tower, a couple of these others. They told me that this is a fee and not a tax that they're going to have to pay. Do they plan to pay? I don't know. I want to know what it's going to take to add streets, delete streets which they haven't been able to answer. Will it take notification to the owner? If it doesn't, I suggest you do so. The frequency of cleaning has to be governed by somebody. It cannot be governed by them. You said... Mayor Suarez: What is the highest frequency of all, is it two a week? Mr. Odio: OK, let me explain, Mr. Mayor... Mr. Smith: Seven times a week. Mr. Odio: In where his properties are... Mr. Pumo: Seven... }` Mayor Suarez: There are some areas that we do seven times a week? E_ 1 i. Mr. Smith Downtown we do seven times a week. Mr. Odio: Downtown we do seven times a week. Mayor Suarez: Other than downtown what's the highest? Mr. Smith: And downtown Coconut Grove. 240 May 42, 1988 M Mrs. Mennedy: Six. Mr. bdio: Twice a week, Mayor Suarezt Twice typically. It Soes front seven to two in the next leveil Mr. Smith: Where's another area of six tines.., Mrs. Kennedy: No, the next level is six. Mr. Smith: It's six and then two. Mr. Odio: And that's it. Mayor Suarez: Seven, six and then two. What's six? Mr. Smith: Six is the area of the Omni and some areas around downtown area. Mr. Pumo: Yes, but you got to remember that this map is not part of the ordinance. Mr. Odios Weil, you have a good point and I think we do have to incorporate the plan to the ordinance to make it fair, OK. Mr. Pumo: Right, I understand that, but then, when you.want to amend that plan, the notification should be to the, owners of the property, not just publication and two readings to the Commission. - OK? Mr. Odic: Fine, I think you have a good.point. I, agree with you and we. — Mr. Pumo: OK, thank you. Now earlier... Mayor Suarez: Yes, we're not going to bind ourselves by that but we would try that. Mr..Pumo: All right, you guys need money. A Tittle earlier the union `was in here.telling_you that they don't want to be laid off.because you need to get them money. You've come up with this plan of a waste fee. All day long Mr. Plummer's been asking about why are we so much lower than the county.. If you equaled the trash pickup to the county, somebody earlier up here said I picked it up, that every $10 equates to $600,000.`' If we're eight times lower than the county,. that's 4.8 million dollars. If the street cleaning fee is only going to collect two, you only need to raise the trash pickup half up $40.00 instead of the eighty, we're still lower than the county and we're picking up equal amounts without penalizing commercial property owners. Mr. Odic: Mr. Pumo, where do you live, air? Mr. Pumo: I'm trying to come up with suggestions. Mr. Odic: No, I mean where do you live? Mr. Pumo: Where do I live? Mrs. Kennedy: Do you live in the City is what he's trying to ask. Mr. Pumo: I live one block from the City. I'm sorry, I'm on 91st Street. Mr. Odic: See, that's the private. Mayor Suarez: OK. Mr, Pumo: Hey, but listen, wait a minute. You can't say live in.the.City, Mayor Suarez: No, no, it's a good point, Mr. Pumo: I pay about $400,000, Mayor Suarez: Don't argue with him, .Just finish whatever statement. you're going to make, We have to take on. additional testimony, OK? 241 May 120 1908 Mr. Puino: My suggestion is, scrap the tax. If you're going to tax us or fee us, do it equally. I was told at the present streets that they are going to clean by the omission of the people receiving the services as they propose, they're going to lose $300,000 of the $2,000,000 they expect to collect. If they taxed or if they feed everybody that's going to receive the service that they're going to do, then they will make an additional $300,000. By the omission of these people because it's an apartment building or a duplex or whatever... Mayor Suarez: We may be heading in the direction of including those, but we have to do with the best we can today. Mr. Pumo: Right, but then you're going to have to change the rate as well. Mayor Suarez: That's right. Mr. Pumo: OK? Thank you. Mayor Suarez: Thank you, Mr. Pumo. Mr. Ken Rosen: OK, next speaker. My name is Ken Rosen, I'm past president of the Miami Board of Realtors and I'm chairman of the committee at the Miami Board known as the street cleaning ordinance committee also better know as Trash the Tax Committee. The board comprises over 5,000 realtors and realtor associates. It is our opinion that this is a tax on real estate and not a fee. And since it's a tax on real estate, it is a double tax and it is illegal because it is circumventing the 10 mill cap. We're already up to 10 mills on the tax. The public streets are the public streets and the public streets should be funded from the existing taxes that are already charged. How can you have a tax on top of a tax? How can you single out real estate and tax it again? Mr. Plummer: Ken... Mr. Rosen: That's not the concept - let me finish, please. That's the concept that we're here from, whether you do it by the square foot that you originally proposed or whether you do it by the lineal foot or whether you do it by the cubic foot, it doesn't matter which way you do it, the concept is wrong. Once you start this kind of a thing, where you circumvent the 10 mill cap by putting in a property tax, you can raise it and raise it and raise it all you want. But to begin with, it's wrong. And secondly... Mayor Suarez: Do you feel the same way about the $160 that each residential unit has to pay? Mr. Rosen: No, sir, that... Mayor Suarez: Why not? Mr. Rosen: Because that's a user fee. When you come to pick up my trash at my home, 1 live in the City of Miami, I'm more than happy to pay the.... Mayor Suarez: Because we're able to connect that trash to that particular home but what about the street right in front of your place of business? Mr. Rosen: The street in front of my place of business... Mayor Suarez: And the sidewalk. Mr. Rosen: ... is used by everybody. The person who eats at Burger King drops their wrappers and throws their cigars on the public streets. (Applause) Mr. Rosen: They don't necessarily have to be the people from my property. That is the concept. We ask that this tax be trashed. Trash the tax because it won't stand the test of constitutionality. We don't want to bring a class action suit and I'm not threatening that, but if that's the only resort that we have, we would do it because it's dangerous, it's dangerous when you fool with the property tax. You're already up to the 10 mills, even if this were legal, it's still discriminatory because it doesn't include apartment buildings and other types of property. 242 May 12, 1988 Mayor Suarez: That's no really a fair statement. We're not up to the 10 mills because we reduced it down to 0.59 which is a substantial reduction, but... OK. Mr. Rosen: Well, I thought you were up to the 10 mills. Excuse me, sir. Again, we urge this Commission not to set this precedent and establish a tax on top of a tax. Get rid of this. Come up with some other way that's legitimate. If you have a deficit, then go to the people and increase the taxes or cut expenses. Thank you very much. Mayor Suarez: Thank you, Ken. That represents the position of the board. Anyone else? Mr. Jerry Lance: Gentlemen, my name is Jerry Lance, I own property at 248 N.E. 59th Street and I own property at 8055 N. Miami Avenue. I have done such for the past ten years and I have never in my life, as I had spoke to you this past meeting, seen such indiscretion, indiscriminatory and personally feeling, that's my personal opinion, illegal tax, you can call it a fee if you want but, gentlemen, I'm telling you it's a tax because if it goes through like it is, I am looking at an 8 percent increase in tax this year on my property. For the tax that I pay on my present property, I get, if 1 ever had a fire I do have a fire station close by and I'm willing to pay my three grand a year tax on my 50 foot frontage property for that service alone and the ongoing problem that I have with the people in the area who trash the neighborhood whom the City refuses to correct the violations that are there. Gentlemen, you don't need a tax, you don't need a fee, for God's sakes, all you need to do is enforce the ordinances that you presently have. Last meeting I brought before you some pictures. I took you, that last meeting if I'm not mistaken, was four to five weeks ago, it took you up until last week to pick up the trash that was on the street. You're telling me that you're going to sweep my street once a week, once a day or how many ever times, when I have called the street and city sanitation and I have talked to the gentlemen down there - can't find his name now, because I want it. Mr. Joe Ingraham: Excuse me, Vice Mayor. Mr. Lance: I apologize. Mr. Ingraham: In reference to his complaint, he brought them here before. They were building and zoning violations number one. I sent my people out immediately the next morning, there was a pile there less than two feet in radius that was there left on the gutter and that was taken care of. Now, if it's back again, we'll remove it, but I don't think it's fair for him to talk about negative services when that area, if you go there now, and I'll challenge him, is clean. And we took care of the problem, we'll go back and take care of it again. That's why we're here. Mr. Lance: If I may present some pictures to you, let you see... Mayor Suarez: Please, you can put them right in... Mr. Lance: Let's see if this trash pile is more than 2 feet high. Mayor Suarez: We can put them right in the record. Mr. Ingraham: I'll take the pictures and take care of the problem. You haven't talked to me about it. Mr. Lance: Sir, if you keep records and if you look at your records, I have called and complained about the trashed cars... Mayor Suarez: Don't argue with him, don't argue with him, argue with us. Mr. Lance: OK. Mayor Suarez: We're interested in whatever complaints you may have. Mr. Lance: I have talked about the trashed cars, I have talked about the aggravation that has gone on on my street until the point that I was threatened by the gentleman and had to call the police out. If you want to pull the police records, I was... 243 May 12, 1988 �aa� Mrs. Kennedy: threatened by whom? Mayor Suarez: By what gentleman? Mr. Lance: Renee's faint & Body Shop; 'whom used to be across the street frott the... Mayor Suarez: Oh. Mrs. Kennedy: Oh, not by one of our City employees. Oh, OK. Mr. Lance: No, no, no, no. I'm sorry, you asked by whom and it is on the police records. I was accosted by him in... Mr. Ingraham: That's the issue. He has a building and zoning problem, it's not a solid waste problem. Mayor Suarez: Well, no, he has other problems apparently. He's being threatened and everything so he has a police problem. Mr. Lance: It is a solid waste problem because they are the people who are tearing up the street. If you want to go to 59th Street and the furniture store, whom I complained about on the corner of 59th Street, and I don't know the gentleman by name but I can go through my records and pull it out. He was a Haitian gentleman who came out and went down to the furniture store and made them finally stop dumping the paper and the trash on the street which comes down and clogs the drain when it rains it backs up into my building. This is what I get for my $3,000 a year taxes. All I'm saying, gentlemen, you don't need a tax. What you need to do is enforce the rules and regulations that you have now and you can take care of the problem. Mayor Suarez: You understand that that means more manpower out in the streets doing enforcement and for that you need to be able to pay salaries. Mr. Lance: No, it doesn't, then you take it off the sanitation department, you take it off... Mrs. Kennedy: And it's not - excuse me, sir, sir, excuse me, it's not gentlemen. Mr. Lance: Oh, excuse me. Mrs. Kennedy: OK. Mr. Lance: Madam. Ladies and gentlemen, ladies and gentlemen, excuse me. Mrs. Kennedy: Gentle persons is accepted. Mayor Suarez: For that matter, it's not manpower either, as I said, so... Mr. Lance: Well, you can take it from Peter to give it to Paul or who ever. Mayor Suarez: That's... Mr. Lance: What I'm trying to say to you people, it is unfair, it is unjust and if we support the rules and regulations that we have now, we will not have a problem. Mayor Suarez: You've said that, OK. Thank you for your testimony. Mr. Lance: Again, if I can have another minute tonight, I understand the union's problem and... Mrs. Kennedy: I have to leave. Mr. Lance: ... they want to keep their people here and I have no qualms with the union, but they had their people back here tonight and half of them didn't know what they were there for because I was in the middle of a bunch of them back there and they had no re... Mayor Suarez: Don't get into that, that's irrelevant to what you're saying. 244 May 12, 1988 Mr. Lance: I understand that, but... Mayor Suarez: I guarantee you they know collectively and they know through their union representatives. Mr. Lance: One of the other unequitable problems that we have here is, you do not have - in fact the building next door to me will not be charged a service fee because he has residential on the top and commercial on the bottom. Yet, he is the one who is causing the major part of the problem. On N.E. 2nd Avenue, we have residential on the top and commercial on the bottom and these people are not being billed. Mayor Suarez: OK, there are some of those. There's not that many in the City but we're going to have to tackle those individually. Mr. Lance: But, unfortunately, gentlemen I can't afford an 8 percent increase. Mayor Suarez: All right, we've... Mr. Lance: I run a business and I would sug... Mayor Suarez: We've heard your testimony, sir, I have to bring it to an end. Mr. Lance: OK. Mayor Suarez: Let me announce that this is the last item that we will be hearing tonight. The Commission has a policy of the last item - being heard at 9:00 p.m. is the last item heard. Mr. Armando Bucelo: Are you guys very tired? Mrs. Kennedy: I have to leave at nine sharp ,and it's already past that time. Mr. Bucelo: My name is Armando Bucelo, 2828 Coral Way. I'm representing - I'm here as legal counsel for the Association of Merchants for Eighth Street, Flagler and Coral Way. I'm in agreement with Mr. Rosen and I'll be very brief because of the time and the nature of the animal, it being first reading. So we will get a shot at cro-wing back at this. Mr. Rosen did, in fact, make mention of the fact that this may be in violation of constitution, double taxation. But, assuming it were to be legal, making that assumption, the fee we still believe is totally discriminatory. Number one, it's a fee strictly on commercial property, not on residential, condos or apartments. Number one, that's fact one. Fact two, there was a 20 percent real estate tax increase from the years 186-187 only on commercial property. The people that I represent are totally over burdened and we again must make mention of the fact that if you look at the county pickup system, we are talking about a three men pickup team versus City of Miami five. That's fine and dandy, Mr. Mayor and Commissioners. We're not proposing by any means the elimination of any employees, but please take something and bear something very seriously in mind and the fact of the matter is that we have people here who are barely making ends meet. Number one, number two... Mayor Suarez: But you know the difference on the number of people on the truck and why it is, right? Because we have backyard pickup. Mr. Bucelo: Right, but then again the - I agree, Mr. Mayor, but we could always, if the people decided and if you decided, we could put the trash up in the front part of the - I guess if it comes down to money, I'd rather have it up front as I live in the county, I live on the outskirts of the City. Mayor Suarez: It's just that typically, our residents have not felt that way when it's been proposed, but... Mr. Bucelo: But, then again, now I see, we keep seeing and I keep feeling in the atmosphere a feeling of no more taxes but let me just make a note. We have people who, if this goes through, and I know you were very much in our favor last time, Commissioner Dawkins. A lot of people are going to go out of business period and that, in fact, is equivalent of people being fired. We have people here, who again, are barely making ends meet. They're working to cover expenses. If this goes through, coupled with the real estate taxes and 245 May 12, 1988 the other taxes that the county and the City or different municipalities impose, people cannot continue. In this case, we're talking about the City of Miami. Please reconsider. The fact that it is the same way that we are getting rid of certain people, this will be one way of eliminating businesses. I ask all of you and I'm sure you're familiar with it to drive up 8th Street, Flagler and Coral Way. I'll stake odds that we have at least one out of two stores closed and the other people are in the process of either closing or barely making payments. I think I speak on behalf of hundreds of merchants, where we ask, please reconsider We are totally opposed. We believe it to be double taxation. We believe it to be not fair and it will, in fact, create layoffs and will drive a lot of people to closing up. Thank you. (Applause) Ms. Patty Allen: My name is Patty Allen and I'm the executive director of the Downtown Miami Business Association and I'm here representing our retail council which is a board committee we have that represents the area.... Mr. Dawkins: You know, this is a... look like equal time, I see Commission candidate, Miriam Alonso, in the audience. Since we just heard from one candidate, I think you should come and have equal time. Would you like to have something to say? Mr. Odio: As she walked up, I want to put on the record, Mr. Mayor and Commissioners, that the representatives of Camacol had to leave and they indicated to me that the executive board had met and... Mrs. Kennedy: Organizations that are for this... Mr. Odio: Well, the one that I was notified tonight was the Camacol was in support of the fee. Mayor Suarez: The Latin Chamber of Commerce. Mr. Odio: Latin Chamber of Commerce. Mayor Suarez: Who did the communication come from? Mr. Odio: The executive director and a group of the board that was here and they had met last night and notified me of that. Ms. Allen: OK, the retail council of the Downtown Miami Business Association is opposed to the tax. Mr. Dawkins (OFF MIKE): Miriam. Mr. Plummer: Is that the same council that we fund every year? Ms. Allen (OFF AND ON MIKE): Pardon me? It's the same council that doesn't have police right now. Mr. Plummer: It's the council that the City of Miami funded $50,000 last year? Ms. Allen: For community development money, yes. Mr. Dawkins: That we could take it pay where we don't tax for the garbage, right? Ms. Allen: Pardon me? Mr. Dawkins: Where we could take it and pay... since we're going to abolish the garbage that we could take... Ms. Allen: If that's what you propose, that's what I'll tell them. Mr. Dawkins (OFF MIKE): No, OK, all right, no problem. Mayor Suarez: It's the same council for which we're struggling to remove the shutters by providing some employees from Downtown Development Authority to provide security downtown and for whom we're trying to do a lot of things downtown. 246 May 12, 1988 Mr. Dawkins: And who's struggling to help busihessn,eti dowhtbwh stay ih business. Mayor Suarez: Go ahead, sir. Mr. Heliodoro Rodriguez: My name is Heliodoro Rodriguez. I'm the president of Calle Ocho and I'm here tonight for the second time listeh to you all the things you say before and for me the thing is in the same way like it was before. And I'm going to tell you, as the president of Calle - presidente of Calle Ocho, we going to fight this taxing. We don't want to fight, we want to be with you but you have to be with us because it's not reasonable what you're doing to us. We can pay no more taxes, we got enough taxes to pay already. Our business is in bankrupt. So many business closing now. You don't do nothing about, we going to take care of this... Mayor Suarez: Let me ask you a question, Elio. Typical business that you represent has how much frontage on S.W. 8th Street? Mr. Rodriguez: I don't... Mayor Suarez: A typical business that you represent has how much frontage on S.W. 8th Street? How much is the frontage that most of the property owners that you represent have? Fifty feet, say? Mr. Rodriguez: No, I don't talk about my... I don't come here to talk about my business, I come here to talk about the whole people... Mrs. Kennedy: No, the ones you represent. Mr. Rodriguez: ... the whole merchants and professionals. I'm not talking about my... Mayor Suarez: But you're representing the association, right? Mr. Rodriguez: Yes, I represent the association. Mayor Suarez: OK, a typical association member, any one of the businesses has how much frontage on S.W. 8th Street? Ms. Gloria Rosello: (TRANSLATES INTO SPANISH) Mayor Suarez: Spanish - translate. Mr. Rodriguez: Well, in Calle Ocho is so many business - it's a big one, a small one. Mayor Suarez: OK, give me a small one first. Mr. Rodriguez: Can be six. Mayor Suarez: How many feet? Sixty feet? Mr. Rodriguez: Fifteen feet, twenty feet. Mayor Suarez: OK, if it's 20 feet and how often do we pick up on S.W. 8th? Mr. Smith: Two times, it will $1.04 per year, per foot. Mayor Suarez: So how much does it work out for that business owner? Mr. Smith: So it'll be $20,80. Mayor Suarez: Per how long? Mr. Smith: A year. Mr. Rodriguez: Yes, but let me tell you this... Mayor Suarez: OK give me a medium one now or give... 247 May 12, 1988 4 10 Mr. Rodriguez: I don't come here that you tell me is I'm going to pay $20.00. I don't want to pay any penny. I don't want to pay no more money: I don't want to pay twenty, I don't want to pay fifteen, I don't want to pay six. We don't want taxes. We don't want no more taxes. Do you want to make a revolution tax like in San Francisco? (Applause) Mayor Suarez: Well, that same business that has... Mr. Rodriguez: You know, we're going to do it, because, you know, is too much already. Really, is too much. Mayor Suarez: Wait, wait, now I'm... let me say something, let me say something. That same business that has a twenty foot frontage depending on what it's valued at may have had a reduction in taxes last year of forty, fifty, sixty dollars from the millage reduction. Mr. Rodriguez: Yes, but that's not the point, what I'm talking about. I don't talk about how much it is, I'm talking about we don't want to pay more taxes. That's why I'm here. Mayor Suarez: But, that's what I'm saying... Mr. Rodriguez: No more taxes. Mayor Suarez: ... if we reduced your taxes last year... Mr. Rodriguez: Why don't you go to the tourists or go to the place to get the money that you need? Mayor Suarez: To the where? Mr. Rodriguez: The money that you're asking for for the taxes, what do you want this money for? Why do you want it... Mayor Suarez: To run the City, to clean the City, to give you more police officers. Mr. Rodriguez: Yes, the City but why you charge to us? Yes, but why do you charge to us, the merchants? Everything is for the merchants. Mayor Suarez: We're charging the owners $160 a week. Mr. Rodriguez: We're already up to here, we're already up to here, we can't afford no more. Mayor Suarez: OK. Mr. Rodriguez: You know, we can't afford it and we're not going to pay the taxes. If we have to do something, we're going to do something. Because is too much already. You know, my business is a small business and I don't know how I'm living with my business now because you know its nothing. We don't make any business now. Too many business close and you raise the license, the occupational license you raise almost double. Mayor Suarez: We didn't raise the occupational tax, maybe the county did. Mr. Rodriguez: No, no, I mean the license, the occupational license, you raise it, double. Mayor Suarez: Have we raised the occupational license? When? Mr. Rodriguez: You know, and it's too much for that, you know... Mr. Plummer: Sure, we did. Sure, we did two years ago. Mayor Suarez: Not since I've been around. Mr. Rodriguez: Well, you did two years ago but are you following to put a tax on the people, you going to make the people die and they 248 May 12, 1988 a Mr. Plummer: It's governed by the state and they allowed us to double it. Mayor Suarez: Well, that's why I was saying that, your property taxes were reduced last year by a bigger amount than that this fees going to mean but... Mr. Rodriguez: But Mr. Xavier remember I don't talking about it twenty or for one or fifty. We don't want no more taxes. That's the only thing that I want to say. Mayor Suarez: All right. (Applause) Mayor Suarez: Wait, the lady's been waiting. Go ahead, Dr. Alonso. Ms. Miriam Alonso: Yes, my name is Miriam Alonso and I thank Commissioner Miller Dawkins for asking me to express my opinion. I like to speak as a citizen, although I can speak also on behalf of the Association of Merchants and Property Owners, that we have worked for years in things that affect the merchants and the property owners of Little Havana. In the past, you Commissioners and Mayor know we have fought against increase of taxes, the one cent tax increase and we were successful. We also collected 25,000 signatures in the City of Miami against crime. We also work about eight years ago with the first pilot program in reference to the garbage and we work with Liberty City and the City of Miami and we were very successful with that program. When we heard the merchants talk about the problem that they have, it came to mind something that I have discussed here before is the problem of revitalization of Little Havana something that is very much needed. When they say business close, that's what comes to mind and it's another problem and something that we have to address. Historically, I have been against taxes, I don't like taxes, this is a fee. This street cleaning fee, when it was proposed the first time almost two year ago. Miriam Alonso came in here and I was probably the only person that discussed with you people the problems of that fee. I recall that, at that time, it was a fee that included the buildings, residents as well. We discussed that very openly and you understood and took care of the problem and avoided increase in rents. The fee as it is now, is only for the merchants. I think that you have reconsidered again and have reduced the rate to a smaller amount. I think that we need responsible government and I want you to think very carefully before you make any decision in some of the problems that affect the decision, whatever it is that you made here tonight, or in the next meeting. First of all, I consider one employee that is fired, it's too many. And we have that serious problem. The problem of people that could be fired. It is ninety now or 300 in October, or whatever the amount. One other possibility that we have is that residents buildings could be increased and as a result of that, we might have rents increase in the City of Miami and it is a serious problem that you all should consider before you make a decision. As I have heard and if the numbers are right, the average property its going to pay and lets think maybe an average store in the City of Miami, 8th Street, 50 foot and let's say they'll have to pay between $25 to $50 a year. That is not very high. I understand their problems, I understand the serious situation that Flagler Street, 8th Street, the merchants in Liberty City and the poor areas are facing. But I want you to think very seriously before you make any decision that if you're going to affect also the rest of the citizens in the City of Miami because of an increase on the amount that they already pay for the trash collection, on their homes and also it could mean a rent increase. There's one problem that I like to ask to you, maybe this might be a solution. Some of our streets, like 27th Avenue, 7th Street, 8th Street, Flagler and Coral Way are inter -state. Is the state of Florida paying to us for the services that we provide? Are they paying to us? Mr. Odio: We met with the state people here locally and they said, send us a bill but we won't be paying you. They don't feel that's their responsibility. We are going to continue negotiations when we go to Tallahassee on May 25th at the state level, but we will continue that. Ms. Alonso: Yes, and maybe us, as citizens, if they don't accept the responsibility that, in turn, it comes to us locally, we should sue them and request from them that they pay to us what we deserve and we can save them money and it can come to the City because this is money that is needed. I want you to think very carefully before you make the decision. We need 249 May 12, 1988 a 0 responsible government and to think of everyone in the City of Miami. Thank you very much. (Applause) Mayor Suarez: Thank you, Doctor. Last statement. Mr. Don Spencer: Don Spencer, 3616 through 20 N.E. 2nd Avenue. I won't belabor any of the points that previous people have brought up because they're all very valid. I'm one of the few people here that also have property in the Design Center. Right at the very edge of the Design Center on N.E. 36th Street and 2nd Avenue. We're not at all happy with not only this tax but the tax that... Mayor Suarez: Have you calculated, by the way, if I may interrupt you for a second, how much it'll be for your properties, those two that you just mentioned? Mr. Spencer: I have about 58 feet frontage. I haven't calculated because I don't know how many... Mayor Suarez: Right off Biscayne? Mr. Spencer: No, right on N.E. 2nd Avenue and436th Street... Mayor Suarez: On N.E. 2nd? Mrs. Kennedy: How many times do they clean his street? Mr. Spencer: ... but the point being, the point being... Mayor Suarez: What kind of properties are they? Mr. Spencer: Commercial, but they're not... I don't have tenants that are in the Design Center... Mayor Suarez: Retail? Mr. Spencer: They're retail. But what I'm saying is this, even you, Mayor Suarez, the last time I appeared before you, you told me that I made bad leases with my tenants because I can't feed these fees back to them. I'm getting $3.75 a square foot and the City is making more out of my building than I am. The point that I'm bringing up, is this fee - we're just about to be hit with another tax, a special tax district, where the Commission has smiled very graciously... Mayor Suarez: That's where we heard from you. Mr. Spencer: Right. It's going to up my taxes thousand dollars. This will be about another three or four hundred dollars during the year. I cannot feed these taxes to my tenant, they are barely making it now. I'm saying that this fee is nebulous. Mayor Suarez: The reason we talked about that is you said you couldn't sell your properties either because you had a long term lease or something I remember. Mr. Spencer: Right, well I can't sell the property because the whole neighborhood has gotten soft. If you want to get into talking about these special tax districts, there are people here behind me. OK. Mayor Suarez: But I think you had a problem with a long term leases, I think. Mr. Spencer: No, I have leases for two and three years but they are static leases with a very small kicker in them. This isn't the point. The point is we don't want any more taxes. My tenants can't take them, other peoples' tenants can't take them, people that are in business can't take them. Everybody that has spoken here has made a very good point. Another point that you probably don't know, about once every two months or maybe twice every two months, garbage pickup is completely missed one day a week in this entire area. Now, who's going to say, who's going to say... 250 May 12, 1988 Mr. Dawkjh§ (Ott MIRE): Vbuld you run that by me again? Mr. Spencer: ... when we = garbage pickup in that area. Mr. Dawkins (OFF MIKE): Vhat area, sir? Mr. Spencer: 36th Street and N.E. 2nd Avenue. OR, Mr. Dawkins (OFF MIKE): And once a week... Mr, Spencer: No, no, once or twice - right, every two months you miss it but what I'm saying is... Mr. Dawkins (OFF MIKE): Hold it, no, no, no, no, no. Yes, I am, OK. Mr. Spencer: Understand what I'm saying first. Mr. Dawkins (OFF MIKE): Yes, I am, OR. Mr. Spencer: We're paying a fee. When this garbage pickup is missed, we don't get a pro rat& on it, it's gone. Who's to say that the streets are going to be clean once and week and twice a week. I had an audio visual business there. I used to be at my shop at 3:00 o'clock in the morning and I never once in the time that I was in business saw one of these trucks clean the street. So, in other words, we can be billed three times a week, we can be four times a week... Mayor Suarez: When was that? Mr. Spencer: ... and the service never performed. Mayor Suarez: When was that? When was that? Mr. Spencer: Fifty-four through 177. Mayor Suarez: When, when, when, when? Mr. Spencer: 1954 through 1977. I was in business 23 years in that same building. Mayor Suarez:. And you never saw the trucks going by? Mr. Spencer: Never. Mayor Suarez: What does that have to do with what we're talking about now? Mr. Spencer: No, what I'm saying is, who is to verify that we're going to get street cleaning once, twice, three times a week? In other words, you could bill us for three and we get it once every two weeks. Mr. Odio: No, it will be twice a week, twice, and the rate will be $60.32 a year. Mr. Dawkins: I have a question, Mr. Manager. I know and everybody up here on this Commission know that we do fall behind and we do miss, I don't know whether it's trash or garbage, but to follow his line of reasoning, when we miss, how does he get reimbursed for us missing him? Mr. Spencer: It never happens, sir. Mr. Dawkins: No, no, I'm asking. How do we do that? Mr. Odio: Well, we always picked up. Whether we're late two or three days, it will always be picked up. Mr. Spencer: Now, all these years, our taxes have been... Mr. Dawkins: I hear you, OK? Mr. Odio; It will always be picked up. Let me - excuse me, if, we missed the date that was assigned, we will make it up, the next day or the day after that. But it has to be picked up, you can't leave it lay. J t 251 May 12, 1988 11 f . a i Mr. Dawkins: OK, all right, I'll get to that. At budget hearing, we'll be able to discuss it. Because Commissioner Kennedy said she was leaving at nine and she has stayed until 9:21. Mayor Suarez: OK, wrap up, sir. Mr. Spencer: OK, that's it. The point that I'm trying to make is all these years our taxes have been paying to clean the streets and now, all of a sudden, our taxes that we've been paying can't clean the streets. I say there is money there, I say please don't raise the taxes, I say we don't need another tax, there are enough people here to verify that... Mayor Suarez: Thank... Mr. Spencer: ... to back me up. Thank you very much for your time. Mayor Suarez: Thank you for your statement. (Applause) Mayor Suarez: I'll entertain a motion on item eighty - whatever it is. Eighty-five. Mr. De Yurre: Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mr. De Yurre: I have a serious problem with this fee and I'll tell you, it's not a matter of whether you pay fifteen or ten dollars or five dollars or thirty dollars, it's a matter of principle. And when you're dealing with principle, the amount is not significant, that is not what matters. There are ways, and one of them is not laying off people, but before we exhaust our avenues to go to these individuals and start paying up more which is the easier way of doing things, we need to see how we can take what we have already and get more out of it. For example, occupational licenses, I'll bet you there are hundreds of thousands of dollars out there that go uncollected because we don't have the proper staffing or the staffing is not doing their job as far as collecting these fees. And we can go look at the records and you can start matching up what individuals are working out there as inspectors or how much they're collecting, how much - and start comparing these things. That's number one. Additionally we had Mr. Alberto Daire when we met at Camacol, he made a very important observation and he dealt with the City Manager about that. I believe gave you a report on many buildings that were paying way under the real estate property taxes that they were supposed to be paying compared to other properties and we dealt with buildings in the Brickell area and downtown and other areas they're paying way less than what they're supposed to be paying compared to what the rest of the City is paying. I feel that these are the avenues that need to be looked at before we come to the people and tax them. We're not talking about fee, it's a three letter word, but it's t-a-x what we're talking about and this... Mayor Suarez: By the way, on that issue of the different valuations, I've recently asked the City Attorney to look at that information that was given to us at that hearing, it's quite interesting. Mr. De Yurre: Well, we need to address that so we need to look - exhaust avenues before we can go to the people and tell them, listen, there's no other way of doing it, you have to put up some more money. And, based on that, I don't know if I have the votes here or not, but morally and as a matter of principle, I have to move to repeal the tax in toto at this point in time. (Applause) Mayor Suarez: So moved. So moved. Please. If you want the motion to pass, it'll be easier if you give us an opportunity to vote on it. Do we have a second for that motion? Is there a second for the motion? Is there a second? Do we have a substitute motion or a different motion? Mrs. Kennedy: Let me make a statement on the record, because many of you were not here this afternoon when we talked about this fee. This is something that we, the residents of the City have to deal with sooner or later. The governor 252 May 12, 1988 has recently indicated that if the cities don't adopt this measure, it's going to be mandatory throughout the state. Now, we have to increase our revenues but we need a way to do it that is non discriminatory. I have met with many, many of you, I have met many times with my realtor friends sitting over there and we thought that apartment buildings should also be included because they are, in fact, commercial properties. But this is something that this City cannot be blinded and we have to accept that this is going to hit us sooner or later, one way or another. Mayor Suarez: Nobody else moves it, I move the item. Mrs. Kennedy: The Mayor has moved it, is there a second? Is there a second twice? UNIDENTIFIED SPEAKER (OFF MIKE): It is a disgrace. Mayor Suarez: We've heard you. The next time the disgrace is going to be you, who's going to be outside, sir. Mrs. Kennedy: Well, then in that case, I'll have to second. Mr. Plummer (OFF MIKE): Motion made and duly seconded. Is the motion understood? Any further discussion? Mrs. Kennedy: With the amendment. Mr. Plummer (OFF AND ON MIKE): The amendment... stipulate the amendment. Mrs. Kennedy: To include apartment buildings. Because in that case, you have more people in and the fee is even reduced further. The City administration did not have a cost, a figure on how much this would reduce it, so they're coming to us next week for that. Mr. Plummer: The item before us is amended to include apartment houses. Any further discussion? Mr. De Yurre: Discussion. Mr. Plummer: Discussion, Commission De Yurre. Mr. De Yurre: We're talking about taxing the individuals that pay rent in Little Havana, Liberty City and our City and I can tell you for a fact, they cannot afford five dollars, ten dollars, or fifteen dollars more to be paid. They get their check on the 3rd, their government check, and as soon as it comes in, it goes out the door. They're living on a day to day basis, just barely making ends meet and I think that's totally unconscionable at this point in time and I'd be against it. Mr. Plummer: Any further discussion? hearing none, call the roll. Mr. Foeman: It's an ordinance. Hearing... Commissioner Dawkins - Mr. Plummer: It's an ordinance, read the ordinance. Read the ordinance, including the amendment. Mr. Fernandez: I call your attention to the fact that the material that you have in front of you is missing from the body of what's included in the title, namely starting on line seven from the bottom part of sub -paragraph f, the language that reads: "...abutting the street or sidewalk for each cleaning operation performed by the City on said street or sidewalk." Now I will read to you the title of the ordinance, the amendment will be... Mr. Plummer: Read the ordinance as amended. Mr. Fernandez: The amendment will be, "... effective October 1, 1987, said date being the date when the City was performing the service of sweeping City streets, the service fee is hereby assessed against commercial properties in the City. The fee amount is one cent per linear foot frontage of commercial property abutting a street or sidewalk for each cleaning operation performed by the City on said street or sidewalk as defined below." And then, I gather that what Vice Mayor Kennedy made reference to is what comes after that which 253 May 12, 1988 is commercial properties, means whole structures other than single family dwellings and there should be a period at that point so that before there is a second reading on this ordinance, this Commission would have occasion to further define what commercial properties Deans. Mr. Plummer.. No, sir. She is amending the motion that they're voting on tonight. Not at the next meeting. Mrs. Kennedy (OFF MIKE): Yes, that's it, that's the amendment. Mr. Fernandez: That's the amendment. Mrs. Dougherty (OFF MIKE): That's the amendment. Mr. Plummer: The amendment is... Mrs. Kennedy: It's up there. Mr. Plummer: ... you're satisfied? Mrs. Kennedy: Yes, I'm satisfied, I saw it: Mr. Plummer: Fine. Any further discussion? Hearing none, call the roll. Wait, excuse me. Mr. Fernandez: I have to read the title of the ordinance now. (AT THIS POINT READ TITLE OF ORDINANCE) Mr. Plummer: Any further discussion? Hearing none, call the roll. UPON MOTION DULY MADE BY MAYOR SUAREZ AND SECONDED BY VICE MAYOR KENNEDY,.ITEM 85, PROPOSED ORDINANCE FAILED ON FIRST READING, BY THE FOLLOWING VOTE: AYES: Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Dawkins: I'm going to vote no and I'm not voting no because I'm afraid... Mr. Plummer (OFF MIKE): You lost. Mr. Dawkins: ... of a case in court nor am I voting no because somebody is going to get angry and burn down buildings as stated. But I'm voting no for the same reason I voted no the last time. In my opinion, this is a tax and if we're going to tax people, let's call it a tax. Let's don't put it in as a fee - let's don't put it in as a fee and it's actually a tax. Now if you'll come back, Mr. Manager, any day and raise the millage, you got me. I don't care if I lose the election, but I would like to be honest with the people. (Applause) Mayor Suarez: Please. 254 May 12, 1988 rrLC7..LY.m:iID:LCLLGGYr LiLi:trr.--r--r—r�f`:i3�3tG L.G---.�.3L--.a". r�Lf��LL�.rr�r�r��—.—...r �—.�LrrC.3a.iGr" 66, AUTHOR= INTERLOCAL AGREEMENT WITH DADE COWTY, MIAMI $EACH AND HIALEAH TO PROVIDE FOR OPTIONAL GAS TAIL, G LiY.atYrLrL-.rrr�rrrrr----rr-----��—irrr—�---��LiiLi�i..rii i�.L—rr�rrr�r�errri—a'. ii. i�GLL Mayor Suareze Oh, before we adjourn... Mr. Plummer: That gas tax thing, speaking of taxes. Mayor Suarez: Yes, we have a resolution authorizing the City Manager to enter into an interlocal agreement regarding local option gas tax. Mr. Plummer: So move. Mayor Suarez: I'll entertain a motion on it. Mr. Plummer: So move. Mr. Dawkins (OFF MIKE): Second. Mayor Suarez: Seconded. Any discussion? Call the roll. Mr. Dawkins: I move that... The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-464 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY, MIAMI BEACH AND HIALEAH TO PROVIDE FOR THE DISTRIBUTION OF A PORTION OF THE DADE COUNTY OPTIONAL GAS TAX TO BE DISTRIBUTED TO MUNICIPALITIES ACCORDING TO THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT. (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. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Rosario Kennedy NOTE FOR THE RECORD: ITEM 68 WAS DEFERRED TO MAY 19, 1988, COMMISSION MEETING AS THE FIRST ITEM ON THE AGENDA. 255 "m 11WO No up wSbass TO C= won TIM MY CONNISSION6 M MMM VAS AWOUMM AT 0:34 P.M, nvier L. Suarez V A Ir 0 1 ATTEST., Natty Hirai CITT CUM Valter J. Toom ASSISTANT CITY CUM CITY OF MIAMI DOCUMENT INDEX NEETM DATE M a y 12, 19 8 8 PAGE 1 cw DOCLU NT L)ENT'F"TM RE 1' NVAL CODE N RESCHEDULE MAY 19? 1988 COMMISSION MEETING TO BEGIN 3:00 P.M. 88-397 EXTEND CONTRACT WITH TCCA PAINTING AND LAWN MAINTENANCE COMPANY. 88-404 ACCEPT BID: ADAPTO STEEL PRODUCTS FOR FURNISHING WARDROBE LOCKERS TO DEPARTMENT OF FIRE. 88-405 ACCEPT BIDS: LAWMEN'S AND SHOOTERS SUPPLY, INC. AND MASZK WORKSHOP FOR AMMUNITION SUPPLIES. 88-406 AUTHORIZE PURCHASE OF PHOTOGRAPHIC SUPPLIES FROM PITMAN PHOTO, INC. 88-407 APPROVE PURCHASE OF MICROCOMPUTERS, LASER PRINTER, AND PERIPHERAL EQUIPMENT FROM BURROUGHS CORPORATION, NOW UNYSIS CORPORATION. 88-408 AUTHORIZE EXECUTION OF AGREEMENT WITH CORONADO STUDIOS FOR JARKETING VIDEO OF MOTION PICTURE INDUSTRY. 88-409 AUTHORIZE EXECUTION OF AGREEMENT WITH CELLAR DOOR CONCERTS FOR USE OF ORANGE BOWL FOR VAN HALEN CONCERT. 88-410 AUTHORIZE EXECUTION OF AGREEMENT WITH FANTASMA PRODUCTIONS FOR USE OF BOBBY MADURO MIAMI BASEBALL STADIUM FOR LYNYRD SKYNRD CONCERT. 88-411 AUTHORIZE ACCEPTANCE OF GRANT FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT *HUD) FOR $918,000 TO INCREASE AFFORDABLE STANDARD HOUSING. 88-412 SCHEDULE PUBLIC HEARING TO TAKE TESTIMONY REGARDING THE MIAMI DESIGN DISTRICT SPECIAL IMPROVEMENT DISTRICT. 88-413 LULA BROOKS SETTLEMENT ($44,400). 88-414 ACCEPT 38 DEEDS OF DEDICATION FOR HIGHWAY. 88-415 F: DOCUMENT INDEX RETREVAL CODE No. VACATE STORM SEWER EASEMENT IN RAY HARDY SUBDIVISION AND RETURN SAME TO PRESENT OWNERS. 88-416 AUTHORIZE $10,000 PAYMENT OF CITY GENERAL OBLIGATION HOUSING BONDS TO REPLACE LOST BONDS. 88-417 GOOMBAY FESTIVAL: CLOSE STREERS, BEER/WINE PERMIT. 88-418 RENOVATION CARISMATICA CATOLICA HISPANA: APPROVE USE OF STREETS FOR PROCESION. 88-419 CONTINUE EXISTING CONTRACT WIHT TOXICOLOGY TESTING SERVICES UNTIL JULY 1988; REQUEST BIDS FOR LABORATORY SERVICES TO PERSONNEL MANAGEMENT DEPARTMENT. 88-420 APPROVE FORM AND AUTHORIZE EXECUTION OF AMENDMENTS TO LOAN AGREEMENT AND SUPPLEMENTAL LOAN AGREEMENT WITH SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION. 88-421 DESIGNATE CATEGORY "B" PROJECT THE ANALYSIS OF OLD CITY INCINERATOR FACILITY; AUTHORIZE ADVERTISEMENT FOR REQUIRED PLANNING AND DESIGN SERVICES; APPOINT CERTIFICATION COMMITTEE. 88-422 VIRGINIA KEY: UNIFIED DEVELOPMENT PROJECT AND REQUEST FOR PROPOSALS. 88-423 WAIVE BID PROCEDURE FOR CONSTRUCTION OF ORANGE BOWL STADIUM MODERNIZATION PROJECT - PHSE I. 88-424 ACCEPT IN PRINCIPLE THE BURLE-MARX MASTER DESIGN PLAN FOR BISCAYNE BOULEVARD. 88-425 EMERGENCY REPRODUCTION OF PROGRAMS FOR MIAMI CONFERENCE ON INTERAMERICAN TRADE AND INVESTMENT. 88-431 EMERGENCY REPAIR OF UNINTERRUPTABLE POWER SUPPLY SYSTEM AT THE COMPUTER DEPARTMENT. 88-432 DIRECT CITY ATTORNEY TO PREPARE CHARTER AMENDMENT FOR SEPTEMBER 6, 1988 88,433 DOCUMENT INDEX • DOCUMMT DENTMATM RETRE:VAI CODE No. DIRECT CITY ATTORNEY TO PREPARE CHARTER AMENDMENT FOR SEPTEMBER 6, 1988 FOR EXPANSION OF OFF-STREET PARKING AUTHORITY MEMBERSHIP. 88-434 SALARY FOR JORGE FERNANDEZ, CITY ATTORNEY, SET AT $92,000.00. 88-435 APPOINT FRANKIE ROLLE, ROBERT GRILL, RICHARD NUSSEL TO THE AFFIRMATIVE ACTION BOARD. 88-437 ACCEPT COMPLETED WORK OF MIRI CONSTRUCTION INC. FOR BUENA VISTA HIGHWAY IMPROVEMENT -•PHASE II. 88-445 SETTLEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CLARIFYING THE DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT DEVELOPEMNT ORDERS. 88-447 REJECT ALL REQUESTS FOR THE QUALIFICATIONS RECEIVED IN - CONNECTION WITH THE PROPOSED FEDERAL LAW ENFORCEMENT BUILDING TO BE BUILT IN MIAMI, 88-449 SETTLEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CLARIFYING SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDERS. 88-456 CLOSE STREETS, PERMIT FOR BEER/WINE FOR "MIRACLE LUNCH BUNCH". 88-457 CONFIRM ORDERING RESOLUTION FOR DOWNTOWN HIGHWAY IMPROVEMENT PHASE II. 88.-462 AUTHORIZE CLASS C SPECIAL PERMIT TO MIXED USE PROJECT FOR AREA BOUNDED BY APPROXIMATELY 3151-3199 S.W. 27 AVENUE -2660 LINCOLN AVENUE AND 2699 TIGERTAIL AVENUE. 88-463 AUTHORIZE INTERLOCAL AGREEMENT WITH DADE COUNTY MIAMI BEACH AND HIALEAH TO PROVIDE FOR OPTIONAL GAS TAX. 88-464