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HomeMy WebLinkAboutCC 1987-09-08 MinutesCITY OF MIAMI * I NCORPIORATEl) l8 J 96 10- S Q� OF MEETING HELD ON SEPTEMBER 8, 1987 (REGULAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk N INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SEPTEMBER 8, 1987 ----------------------------------------------------------------- ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. PRESENTATIONS, PROCLAMATIONS, PRESENTED 1 SPECIAL ITEMS. 9/8/87 2. ADMINISTRATION TO PROCEED WITH M-87-765 2-3 PERMITS TO REBUILD BUILDING WHICH 9/8/87 WAS DESTROYED BY FIRE AT 4400 SABLE PALM ROAD IN AREA OF BAY POINT. 3. NORTH SITE POLICE SUBSTATION R-87-766 4-15 CONTRACT WITHDRAWN FROM FRANK J. 9/8/87 ROONEY AND GIVEN SOLELY TO 3-W CORPORATION (SEE LABELS 345 AND # 4 7 ) 4. CONSENT AGENDA. 15-19 9/8/87 4.1 ACCEPT BID: M. VILA AND ASSOCIATES R-87-767 19 FOR SE OVERTOWN/PARK WEST PAVING 9/8/87 PROJECT -PHASE I. 4.2 ACCEPT BID: MIRI CONSTRUCTION, INC R-87-768 20 FOR MANOR HIGHWAY IMPROVEMENT -PHASE 9/8/87 IV. 4.3 ACCEPT BIDS FROM VARIOUS SUPPLIERS R - 8 7 - 7 6 9 20 TO FURNISH AUTOMOBILE, MOTORCYCLE 9/8/87 AND TRUCK TIRES AND TUBES TO CITY DEPARTMENTS ON A CONTRACT BASIS. 4.4 ACCEPT BIDS OF THIRTEEN SUPPLIERS R-87-770 21 FOR FURNISHING LINE OFFICE SUPPLIES 9/8/87 TO THE GENERAL SERVICES ADMINISTRATION DEPARTMENT. 4.5 AUTHORIZE EXECUTION OF AGREEMENT R-87-771 21 WITH NATIONAL CENTER FOR MUNICIPAL 9/8/87 DEVELOPMENT, INC. TO CONTINUE THE WASHINGTON D.C. LOBBYING SERVICES OF MARK ISRAEL. 4.6 AUTHORIZE MANAGER TO EXECUTE R - 8 7 - 7 7 2 21 AGREEMENT WITH CELLAR DOOR 9/8/87 CONCERTS, INC. FOR THE USE OF THE ORANGE BOWL STADIUM ON SEPTEMBER 18, 1987. 4.7 AUTHORIZE MANAGER TO ENTER INTO R-87-773 22 CONTINGENCY AGREEMENT WITH LATIN 9/8/87 CHAMBER OF COMMERCE IN THE AMOUNT OF $150,000 TO SUPPORT 1987-88 PROGRAMS. 4.8 AUTHORIZE EXECUTION OF AGREEMENT R-87-774 22 WITH MIAMI CAPITAL DEVELOPMENT, 9/8/87 INC. (MCDI) 4.9 AUTHORIZE MANAGER TO EXECUTE R-87-775 22 $40,000 AGREEMENT WITH MARTIN 9/8/87 LUTHER KING ECONOMIC DEVELOPMENT CORPORATION. 4.10 EXTEND TERMINATION DATE AGREEMENT R-87-776 23 WITH NEW WASHINGTON HEIGHTS 9/8/87 COMMUNITY DEVELOPMENT CONFERENCE, INC. 4.11 AUTHORIZE AMENDMENT TO THE R - 8 7 - 7 7 7 23 DEVELOPMENT AGREEMENT FOR THE 9/8/87 DOWNTOWN D.R.I. 4.12 ACCEPT CONTRACT EXTENSION FOR R-87-778 23 RADIOLOGY SERVICES TO CEDARS 9/8/87 MEDICAL CENTER 4.13 ACCEPT CONTRACT EXTENSION FOR R-87-779 23 PHYSICAL EXAMINATIONS TO CEDARS 9/8/87 MEDICAL CENTER, INC. 4.14 ACCEPT CONTRACT EXTENSION FROM R-87-780 24 VALLE/AXELBERG & ASSOCIATES, INC TO 9/8/87 PROVIDE PSYCHOLOGICAL SERVICES TO THE POLICE DEPARTMENT. 4.15 ESTABLISH PUBLIC HEARING DATE TO R-87-781 24 CONSIDER ISSUANCE OF A DEVELOPMENT 9/8/87 ORDER FOR DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT. 4.16 ALLOCATE $50,000 IN SUPPORT OF THE R - 8 7 - 7 8 2 24 II ALLAPATTAH FAIR. 9/8/87 4.17 ALLOCATE $3,850 GRANT TO THE LIONS R-87-783 25 HOME FOR THE BLIND, INC. 9/8/87 4.18 ALLOCATE $2,265 GRANT TO THE R-87-784 25 ASSOCIATION FOR THE USEFUL AGED, 9/8/87 INC. 4.19 ALLOCATE $20,000 GRANT TO CATHOLIC R-87-785 25 COMMUNITY SERVICES, INC. 9/8/87 4.20 ALLOCATE $32,178 GRANT TO MIAMI R-87-786 25 JEWISH HOME AND HOSPITAL FOR THE 9/8/87 AGED, INC. 4.21 ORDER NORTH FLAGLER SANITARY SEWER R-87-787 26 IMPROVEMENT SR-5500-C BE MADE AND 9/8/87 DESIGNATE SPECIAL ASSESSMENTS. 4.22 ACCEPT COMPLETED WORK FOR MIAMI R-87-788 26 SPRINGS GOLF COURSE CART STORAGE 9/8/87 AND AUTHORIZE FINAL PAYMENT TO INDEMNITY INSURANCE CO. OF NORTH AMERICA. 4.23 ACCEPT COMPLETED WORK FOR UPARR- R-87-789 26 HANDICAPPED ACCESS IMPROVEMENTS AND 9/8/87 AUTHORIZE FINAL PAYMENT THEREFOR. 4.24 ACCEPT COMPLETED WORK OF TRI-COUNTY R-87-790 26 CONSTRUCTION CORP. AND BALBOA 9/8/87 INSURANCE CO. FOR HANDICAPPED IMPROVEMENTS AND AUTHORIZE PAYMENT THEREFOR. 4.25 ACCEPT COMPLETED WORK OF ALFRED R-87-791 27 LLOYD & SONS, INC. AND AUTHORIZE 9/8/87 FINAL PAYMENT FO N.W. 19 AVENUE SEWER. 4.26 ACCEPT COMPLETED WORK OF M.VILA & R - 8 7 - 7 9 2 27 ASSOCIATES, INC. AND AUTHORIZE 9/8/87 FINAL PAYMENT FOR WYNWOOD SEWER. 4.27 STREET CLOSURE FOR THE BICENTENNIAL R-87-793 27 OF THE CONSTITUTION CELEBRATION 9/8/87 PARADE. 4.28 STREET CLOSURE FOR 16TH ANNUAL R-87-794 27 COCONUT GROVE BIKE PLACE. 9/8/87 4.29 CLOSURE OF CERTAIN DOWNTOWN STREETS R-87-795 28 FOR OCTOBER 12, 1987 BICYCLE RACE. 9/8/87 4.30 PROVIDE FOR HOLDING ELECTION THE R-87-796 28 OFFICES OF MAYOR AND TWO 9/8/87 COMMISSIONERS. 5. ACCEPT BID OF MAN CON, INC. FOR R-87-797 28-30 SOUTHEAST OVERTOWN/PARK WEST 9/8/87 SANITARY SEWER REPLACEMENT. 6. ACCEPT BID OF PALM PETERBILT - GMC R - 8 7 - 7 9 8 30-32 TRUCKS, INC. FOR REFURBISHMENT OF 9/8/87 AIR TRUCK 1 FOR FIRE DEPARTMENT. 7. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 33-35 OF BID ACCEPTANCE OF HANDGUNS FROM 9/8/87 GLOCK, INC. (SEE LABEL 423) 8. ACCEPT BID OF AM VARITYPER FOR R-87-799 35-37 ELECTRONIC TEXT IMAGE ASSEMBLY 9/8/87 SYSTEM. 9. (A) EXTENSION OF CONTRACT WITH R-87-800 37-45 MELBRON E. SELF, CRISIS COUNSELOR 9/8/87 FOR POLICE DEPARTMENT. (B) ALLOCATE $90,000 FOR TWO ADDITIONAL CRISIS COUNSELORS FOR POLICE DEPARTMENT, ONE BLACK AND ONE HISPANIC. 10. (A) DEFER FOR 90 DAYS PROPOSED R-87-801 45-46 EXTENSION OF CONTRACT WITH R-87-801.1 TOXICOLOGY TESTING SERVICES FOR 9/8/87 LABORATORY SERVICES. (B) ALLOCATE $15,000 TO TOXICOLOGY TESTING SERVICES FOR LABORATORY SERVICES FOR THE NEXT 90 DAYS. 11. ACCEPT EXTENSION OF CONTRACT WITH R-87-802 46-47 O.C. TANNER CO. FOR FURNISHING 9/8/87 EMPLOYEE SERVICE AWARDS. 12. CITY TO CONTINUE TO OPERATE M-87-803 47-49 MIAMARINA FOR ONE MORE YEAR. 9/8/87 13. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 49-50 OF PLAT ACCEPTANCE FOR BRICKELL KEY 9/8/87 ON CLAUGHTON ISLAND PARCEL "J" (SEE LABEL #15) 14. DESIGNATE LAND SURVEYING SERVICES R-87-804 50-52 FOR CITY PROJECTS; APPOINT 9/8/87 CERTIFICATION COMMITTEE. 15. ACCEPT PLAT: BRICKELL KEY ON R-87-805 52-53 CLAUGHTON ISLAND PARCEL "J" (SEE 9/8/87 LABEL #13) 16. FORMALIZE APPOINTMENTS TO YOUTH R-87-806 53-54 ADVISORY COUNCIL. 9/8/87 0. f 17. EMERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE 54-55 SPECIAL REVENUE FUND "MIAMI/OAS 10314 INTERNATIONAL ARTISTS SERIES," AND 9/8/87 APPROPRIATE FUNDS FOR SAME. 18. AUTHORIZE ACCEPTANCE OF GRANT FROM R - 8 7 - 8 0 7 56 ORGANIZATION OF AMERICAN STATES TO 9/8/87 COVER TRAVEL COSTS OF ARTISTS FOR INTERNATIONAL ARTISTS SERIES. 19. SECOND READING ORDINANCE: MODIFY ORDINANCE 56-57 WIDTH OF N.W. 1 AVENUE BETWEEN N.W. 10315 1 STREET AND N. W. 8 STREET. 9/8/87 20. ENCOURAGE MANAGER TO REDUCE NUMBER M - 8 7 - 8 0 8 57-59 OF PARKING METERS IN CITY BY 2,000, 9/8/87 ESPECIALLY CLOSE TO RESIDENTIAL NEIGHBORHOODS. 21. SECOND READING ORDINANCE: ORDINANCE 59-61 ESTABLISH NEW MONTHLY RATE FOR 10316 MUNICIPAL PARKING GARAGE NO.5. 9/8/87 22. SECOND READING ORDINANCE: CHANGE ORDINANCE 61-62 FEES FOR CITY DAY CARE FACILITIES. 10317 9/8/87 23. ACCEPT BID OF 9LOCK INC. FOR R-87-809 62-66 HANDGUNS. (SEE LABEL #7) 9/8/87 24. ALLOCATE $100,000 FOR RENOVATION OF R-87-810 66-68 CHILD DAY CARE FACILITIES. 9/8/87 25. FIRST READING ORDINANCE: PROVIDE FIRST 68-69 DISPOSITION OF SURPLUS SUPPLIES READING MATERIALS AND EQUIPMENT. 9/8/87 26. FIRST READING ORDINANCE: RELAX FIRST 69-70 TIME RESTRICTIONS ON DISPLAY OF READING FIREWORKS DISPLAYS. 9/8/87 27. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 70-71 OF FIREWORKS PERMIT AT BAYSIDE FOR 9/8/87 CHANNEL 6 CELEBRATION (SEE LABEL # 2 9 ) 28. DISCUSSION CONCERNING (A) PRPOSED DISCUSSION 71 LABOR ORDINANCES PERTAINING TO 9/8/87 LABORERS WORKING ON CITY CONTRACTS AND (B) DISCUSSION CONCERNING APPRAISALS FOR GOLDEN ARMS APARTMENTS IN SILVER BLUFF AREA (SEE LABEL #30 AND #62) 29. ALLOW FIREWORKS AT BAYSIDE TO R-87-811 71-72 CELEBRATE 20TH ANNIVERSARY OF 9/8/87 CHANNEL 6 (SEE LABEL #27) 30. CONTINUED DISCUSSION CONCERNING (A) DISCUSSION 72-74 PROPOSED ORDINANCES PERTAINING TO 9/8/87 LABORERS WORKING CITY CONTRACTS, AND (B) APPRAISALS FOR GOLDEN ARMS APARTMENTS IN SILVER BLUFF AREA (SEE LABELS #28 AND 62) 31. FIRST READING ORDINANCE: ALLOW "T" FIRST 74-75 TYPE TURNING AREA ON EXISTING DEAD- READING END STREETS (SEE LABEL #38) 9/8/87 32. FIRST READING ORDINANCE: REVISE FIRST 76 FEES OF GOLF COURSES. READING 9/8/87 '% 1 33. DEFER CONSIDERATION OF PROPOSED M-87-812 76-77 AUTHORIZATION FOR DOWNTOWN 9/8/87 DEVELOPMENT AUTHORITY TO EXPEND FUNDS FROM THE CAPITAL RESERVE LINE ITEM. 34. AUTHORIZE REQUEST FOR PROPOSALS FOR R-87-813 78-79 SALE OF WATSON BUILDING. 9/8/87 35. APPROVE FENCING ON TEMPORARY BASIS R-87-814 79-80 FOR POPE'S VISIT. 9/8/87 36. INCREASE CONTRACT WITH RIC-MAN R-87-815 80-82 INTERNATIONAL INC. FOR SEWER 9/8/87 REPLACEMENT PROJECT. 37. CONFIRM ASSESSMENT ROLL FOR GRAND R-87-816 82-83 AVENUE SIDEWALK IMPROVEMENTS. 9/8/87 38. CONTINUED DISCUSSION CONCERNING T- DISCUSSION 83-84 TURNS ON DEAD END STREETS (SEE 9/8/87 LABEL #31) 39. DISCUSSION CONCERNING HEALTHY MEALS DISCUSSION 84 BY AMERICAN ASSOCIATION. 9/8/87 40. PRESENTATION TO ENZO GALLO, PRESENTED 85 SCULPTOR. 9/8/87 41. PRESENTATION TO JACK GORDON PRESENTED 85 COONCERNING HIS EFFORTS FOR 9/8/87 BAYSIDE. 42. PRESENTATION TO LUCIA A. DOUGHERTY, PRESENTED 86 CITY ATTORNEY OF THE YEAR. 9/8/87 43. AUTHORIZE CORAL WAY ASSOCIATES R-87-817 86-89 LIMITED AND DECORATIVE ARTS PLAZA 9/8/87 TO RESTRICT VEHICULAR ACCESS TO S. W. 33 AVENUE FROM S. W. 21 STREET FOR ONE YEAR. 44. DIRECT MANAGER TO PROTECT RESIDENTS M-87-818 89-90 AROUND MIRACLE CENTER PROJECT FROM 9/8/87 CORAL GABLES SIDE POSSIBLE PROBLEMS. 45. BRIEF DISCUSSION AND TEMPORARY DISCUSSION 90 DEFERRAL CONCERNING NORTH SITE 9/8/87 POLICE SUBSTATION (SEE LABELS #3 AND #47 ) 46. AFFIRMATIVE ACTION ADVISORY BOARD DISCUSSION 90-91 REPORT. 9/8/87 47. NORTH SITE POLICE SUBSTATION FIRST M-87-819 91-97 SOURCE LABORERS TO COME FROM 9/8/87 LIBERTY CITY, MIAMI, HIALEAH, FT. LAUDERDALE, WEST PALM BEACH. (SEE LABELS #3 AND #45) 48. POPE JOHN PAUL II MADE HONORARY R-87-820 97-98 CITIZEN OF MIAMI. 9/8/87 49. FIRST READING ORDINANCE: PROVIDE FIRST 98-112 RATE OF WAGES AND BENEFITS FOR READING LABORERS WORKING ON CITY 9/8/87 CONSTRUCTION CONTRACTS. 50. FIRST READING ORDINANCE: PROVIDE FIRST 112-113 MEDICAL INSURANCE FOR LABORERS READING WORKING ON CITY CONSTRUCTION 9/8/87 CONTRACTS. f 9 51. FIRST READING ORDINANCE: PUBLIC FIRST 113-115 CONTRACTS TO REQUIRE USE OF LOCAL READING RESIDENTS AS LABORERS. 9/8/87 52. FIRST READING ORDINANCE: PROVIDE FIRST 115-118 MINORITIES TO BE CERTIFIED WHEN READING WORKING AS LABORERS ON CITY 9/8/87 CONSTRUCTION CONTRACTS. 53. DISCUSSION CONCERNING MODERATE DISCUSSION 118-119 INCOME HOUSING DEVELOPMENT OFF 9/8/87 CLAUGHTON ISLAND. 54. ENDORSING IN CONCEPT PLACEMENT OF M-87-821 119-127 PARK IN BRICKELL AVENUE AREA; 9/8/87 REFERRING SAID ISSUE BACK TO PARKS ADVISORY BOARD AND D.D.A. IN CONNECTION WITH APPROPRIATE SOURCE OF FUNDING. 55. (A)ALLOCATE $6,000 TO FLORIDA R-87-822 127-132 INTERAMERICAN SCHOLARSHIP R-87-823 FOUNDATION FOR MARINE STADIUM. (B) 9/8/87 ADMINISTRATION TO ATTEMPT TO REDUCE COST OF IN -KIND SERVICES IN CONNECTION WITH FLORIDA INTERAMERICAN SCHOLARSHIP FOUNDATION FOR MARINE STADIUM. 56. DISCUSSION CONCERNING 1988 BUDGET; DISCUSSION 13 2- 135 POSSIBLE CONFLICT WITH BONUSES TO 9/8/87 DEPARTMENT DIRECTORS. 57. DISCUSSION CONCERNING LIBERTY DISCUSSION 136-138 SQUARE. 9/8/87 58. CODEC, INC. REPORT ON CIVIC CENTER DISCUSSION 138-139 SITE PROJECT. 9/8/87 59. AMERICAN FINANCIAL CORPORATION DISCUSSION 140 INTERNATIONAL INC. REPORT OF 9/8/87 MELROSE TOWNHOME PROJECT. 60. DISCUSSION CONCERNING HAITIAN DISCUSSION 140-142 AMERICAN EMMANUEL'S COMMUNITY 9/8/87 FAMILY COUNSELING AND CHILD DAY CARE SERVICE INC. 61. ALLOCATE $3,000 TO YOUTH CRIME R-87-824 142-143 WATCH FOR TENT OF KNIGHT CONVENTION 9/8/87 CENTER. 62. INSTRUCTION TO ACQUIRE BY PURCHASE R-87-825 144-151 OR EMINENT DOMAIN PROPERTY AT S.W. 9/8/87 24 ST. AND 21 AVE. (GOLDEN ARMS APARTMENTS/SILVER BLUFF AREA) (SEE LABEL #28 AND #30) 63. EXTEND APPROVAL FOR ONE MONTH FOR R-87-826 151-153 WYNWOOD COMMUNITY ECONOMIC 9/8/87 DEVELOPMENT CORPORATION. 64. AUTHORIZE BUS BENCH COMPANY TO R-87-827 153-154 ASSIGN AGREEMENT FOR BUS BENCHES TO 9/8/87 FOLEY ENTERPRISES, INC. 65. ALLOCATE $5,376 TO CATHOLIC R-87-828 155-156 COMMUNITY SERVICES, INC. FOR A 9/8/87 MONTH TO MONTH REVOCABLE PERMIT TO USE LITTLE HAVANA OUTREACH OFFICE AT MANUEL ARTIME CENTER. 66. (A) REFER TO MANAGER REQUEST FORM M-87-829 MIAMI-DADE COMMUNITY COLLEGE FOR R-87-830 BEER/WINE PERMIT AND FINANCIAL 9/8/87 SUPPORT FOR "PAELLA '87" (B) CLOSE STREET FOR "PAELLA '87" CELEBRATION (MIAMI-DADE COMMUNITY COLLEGE) 67. DISCUSSION CONCERNING ENFORCEMENT DISCUSSION OF LAWS CONCERNING DOGS IN CITY 9/8/87 PARKS. 68. ALLOCATE $10,000 AS SEED MONIES FOR R-87-831 DOCKING OF "USCGC EAGLE" COAST 9/8/87 GUARD SHIP AT BICENTENNIAL PARK. 69. ALLOCATE $35,000 TO SOCIAL ACTION R-87-832 AGENCY FOR FOOD CO-OP PROGRAM. 9/8/87 70. LATIN ORANGE FESTIVAL GRANTED M-87-833 BEER/WINE PERMIT AND USE OF 9/8/87 BAYFRONT PARK. 71. ALLOCATE $8,300 FOR USE OF IN -KIND R-87-834 SERVICES IN CONNECTION WITH THE 9/8/87 NATIONAL CONFERENCE OF POLICE EXECUTIVES AT COCONUT GROVE EXEHIBITION CENTER. 72. ALLOCATE $5,200 TO COVER IN -KIND R-87-835 SERVICES FOR "MERENGUE FESTIVAL" 9/8/87 CONDUCTED BY ASSOCIACION COMUNAL DOMINICANA IN ALLAPATTAH COMSTOCK PARK. 73. ENDORSE "TOUR OF THE AMERICAS M - 8 7 - 8 3 6 BICYCLE RACE" 9/8/87 74. ALLOCATE $5,000 FOR TABLES AT R-87-837 GIBSON MEMORIAL FUND TO BE USED BY 9/8/87 INNER CITY CHILDREN. 75. DISCUSSION CONCERNING WEST INDIAN- DISCUSSION AMERICAN DAY CARNIVAL ASSOCIATION 9/8/87 OF GREATER MIAMI, INC. 76. DISCUSSION AND DEFERRAL OF DISCUSSION PRESENTATION FOR RENOVATION OF M-87-838 COCONUT GROVE EXHIBITION CENTER. 9/8/87 77. RESCHEDULE SEPTEMBER 22 MEETING TO R-87-839 COMMENCE AT 3:30 P.M. 9/8/87 78. COMMENTS CONCERNING NEED TO DISCUSSION OFFICIALLY DECLARE CITY PROPERTY 9/8/87 SURPLUS. 79. (A) DISCUSSION CONCERNING 1987-88 DISCUSSION CITY BUDGET (B) FIRST READING FIRST ORDINANCE: MILLAGE FOR CITY. READING 9/8/87 80. (A) LONG PUBLIC HEARING (B) 40-50 DISCUSSION SWORN POLICE OFFICERS ARE TO BE R-87-840 INCREASED PER YEAR FOR NEXT FIVE FIRST YEARS. (C) FIRST READING ORDINANCE: READING APPROPRIATIONS FOR CITY FY 187-88. 9/8/87 81. FIRST READING ORDINANCE: MILLAGE FIRST FOR DOWNTOWN DEVELOPMENT AUTHORITY. READING 9/8/87 156-158 158-160 160-162 163-166 166-167 167-168 168-169 170-171 171-173 173-175 175-187 187-188 188 189-191 191-240 240-242 I 82. FIRST READING ORDINANCE: FIRST 243-244 APPROPRIATIONS FOR DOWNTOWN READING DEVELOPMENT AUTHORITY. 9/8/87 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 8th day of September, 1987, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:06 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez ABSENT: Commissioner Joe Carollo ALSO PRESENT: Cesar Odio, City Manager Lucia Allen Dougherty, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez. Vice -Mayor Plummer then led those present in a pledge of allegiance to the flag. 1. PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS. ------------------------------------------------------------------------------ Proclamation: Nurse -Midwifery Week: October 4 - 10, 1987. Recognizing the unique contribution they have made to mothers and babies in the United States. Proclamation: Roger M. Carlton Day: September 8, 1987. For his many contributions to the City of Miami as Executive Director of Miami Off -Street Parking System. Proclamation: Dia de Teofilo Babun: September 3, 1987. For his many contributions to the community. (Presented in absentia due to his hospitalization.) Commendation: Officer William Butler: For having been selected Most Outstanding Officer of the Month for June, 1987. Commendation: Officer Reinaldo Rodriguez: For having been selected ------------------------------------------------------------------------------ Most Outstanding Officer of the Month for July, 1987. NOTE FOR THE RECORD: Commissioner Carollo entered the meeting at 9:13 a.m. 1 September 8, 1987 I A 4 ------------------------------------------------------------------------------ 2. ADMINISTRATION TO PROCEED WITH PERMITS TO REBUILD BUILDING WHICH WAS DESTROYED BY FIRE AT 4400 SABLE PALM ROAD IN AREA OF BAY POINT ------------------------------------------------------------------------------ Mr. Plummer: Mr. Mayor. Mayor Suarez: Yes, Mr. Vice -Mayor. Mr. Plummer: There was a problem that came up. It's a long stem problem that I had asked by memo that we discuss first thing this morning in reference to Bay Point. There seems to be that there had been a fire in Bay Point and a house was destroyed; or partially or mostly destroyed and through foreclosure, the bank took over and wanted to try to make a determination whether it was better to restore the house or to demolish the house. And subsequently, in the interim, the City issued a permit for reconstruction or rehabing of the house, and it has caused a great deal of concern to all parties concerned. I spoke with the City Attorney who drafted a document which she feels is now acceptable to all people, to try to keep things out of court and keep things on a harmonious line. I would ask the City Attorney to address very briefly the problem, making sure that everybody is now satisfied if that's possible and then this Commission can either approve or disapprove that action by the City Attorney. Mrs. Dougherty: Yes, sir, Mr. Vice -Mayor, we have with us the attorney and several members of the Bay Point Homeowners Association. I don't know if Mr. Wallace - Mr. Wallace is here. Mr. Plummer: Yes, he is here. Mrs. Dougherty: Basically, the agreement would provide that the Nationwide would board up the building today. On October 4th, architectural drawings would be submitted to the Bay Point Homeowners Association which is in conformance with their Homeowners Association documents. They are required to do that before they pull a building permit. Within three days - three working days after the approval by the Bay Point Homeowners Association or no later than November the 4th, they will also submit the architectural drawings to the City of Miami. A contractor will pull all the permits necessary within five days after the approval of the plans. By October 4th, a roof inspection would have to be also provided to the City and, if necessary, they would have to provide a new roof. On January 1 is the drop dead date, full completion of the building. They are to - if anybody were to default, the building comes down within seven days. I mean, if the Nationwide were to default, the building comes down in seven days. There's a five day - within five days after the execution of this contract, they are going to pay our costs, indemnify us from the demolition contract and also to give us a check for $5,000.00 to be forwarded or to pay the cost of demolition if necessary. They get it back, of course, if they comply with everything and with no interest. That's basically the terms. Mr. Plummer: Mr. Wallace, representing the bank, you have agreed to these terms, is that correct? Mr. Wallace, Esq.: Basically, Commissioner Plummer, the only one that I heard today that I'm not sure about is the January 1st completion date. Depending upon the scope of the plans, it might be difficult to complete from October 1, October 4th or October 15th. Mrs. Dougherty: We have put in the contract that it can be extended with the mutual agreement of the Homeowners Association, the City Manager and you. Mr. Wallace: That would be fine. Mr. Plummer: The attorney representing the homeowners, you've seen the document and you're in concurrence? Richard Sarafan, Esq.: We saw it this morning, Mr. Commissioner. We have a couple of problems. One is that we do want a drop dead deadline. Mr. Plummer: Right. 2 September 8, 1987 Mr. Sarafan: We've waited two years for the repair of this property. We'd also like the document to provide that in addition to conformity with the zoning ordinance of the City and the South Florida building code, the property be rendered habitable. I think that's probably implied. Mr. Plummer: Well, that has to be or you can't get a C.O. I mean, that's... Mr. Sarafan: I understand that's implied but we'd like it in the document just as well. Mr. Plummer: OK. So basically then, we're all in accord. Is there any action needed by this Commission? Mayor Suarez: Counselor, before you leave, would you put your name in the record, please, so we have it. Mr. Sarafan: Yes, my name is Richard Sarafan. My address is 825 So. Bayshore Drive, Suite 1748, City of Miami. Mr. Plummer: Do you need any action from us? Mrs. Dougherty: Just to permit me to proceed in this manner. Mr. Plummer: Mr. Mayor, based on the premise that both parties seem to be agreement, I would move at this time that they proceed to have their permit approved. Mayor Suarez: So moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded, thirded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-765 A MOTION OF THE CITY COMMISSION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO PROCEED TO TAKE ALL NECESSARY STEPS WHICH WOULD ALLOW FOR THE REBUILDING OF PROPERTY LOCATED AT APPROXIMATELY 4400 SABLE PALM ROAD IN THE AREA OF BAY POINT, WHICH BUILDING WAS TOTALLY DESTROYED BY FIRE, AS MORE FULLY STIPULATED ON THE PUBLIC RECORD BY THE CITY ATTORNEY ON THIS DATE. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mrs. Dougherty: Mr. Wallace, I also... f 3 September 8, 1987 3. NORTH SITE POLICE SUBSTATION CONTRACT WITHDRAWN FROM FRANK J. ROONEY AND GIVEN SOLELY TO 3-W CORPORATION (See labels #45 and #47) Mayor Suarez: Yes. Mr. Dawkins: Mrs. Mayor, Mr. Mayor, Mr. Mayor. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I'd like to declare an emergency and move item 95 and item 95 be heard now please. Mayor Suarez: This Commission is declared an emergency session. Is that the issue of the Liberty City substation? Mr. Dawkins: Yes, sir, it is. Mayor Suarez: So declared. Nature of the emergency is self evident. Mr. Carollo: Commissioner Dawkins is correct. We had said that we were going to take this as the first item this morning. Mayor Suarez: That's correct, Commissioner. Mr. Plummer: Mr. Mayor, before you start this item, Mr. Gilchrist, I would like to apologize to the community for my absence at that meeting. It was, without any question, my fault, I had a mix up in scheduling. I was in attendance at the City of Miami hearings in reference to the park bond issue money, but I had been informed that morning by Mr. Gilchrist that a solution had been brought about and I thought that that had basically defused the meeting and was the reason for my non attendance. It is my fault. I readily admit that it was my mix up in scheduling and I do apologize to the community for not being there but it does not mean that my interest in seeing this thing done to a rapid is not anything but 100 percent to get it done. Thank you, Mr. Mayor. John Gilchrist: Mr. Mayor... Mayor Suarez: John, what's the status? Mr. Gilchrist: Well, we have a letter dated August 28th from the joint venture of 3-W Corporation and Frank Rooney who were the only bidders on the police substation and they have withdrawn their bid. Their reason for doing that was based on Rooney's belief that they could not meet the required set aside of 51 percent of the subcontractors being black subcontractors. Therefore, the Commission can take several actions. It's our recommendation that in order to move forward in an expeditious manner and to make sure that we have the professional competency to do the project, that the Manager be assigned to interview a minimum of three firms to do a construction management contract under the City for doing the substation. And we need to have an action from the City Commission. Mr. Plummer: Well, lets' also put on the record which I think is very important. Mr. Gilchrist has assured me that by doing it this way, that it will not cost any more; conceivably would cost less and that it would be no drop in the level of the project either in construction or in landscaping or in anything else. Also, and I guess Mr. Gilchrist the most important factor, do you feel that through a construction manager, that we're not going to get into the same bind that others have. Can we meet the minority requirements? Mr. Gilchrist: That is a requirement of the construction manager to produce that, sir. And we have... Mr. Plummer: And you think it's possible? Mr. Gilchrist: One of the things that we proposed in the contract with 3-W Rooney which inspired them to withdraw was a default clause which required them to pay damages if they could not meet the 51 percent over the period of the construction. They were not able to at the beginning. 4 September 8, 1987 Mr. Plummer: Are we going to impose the same fine on a construction manager if he does not? Mr. Gilchrist: Well, it's not - I don't know that we will have the same fine but we will have some kind of damages as a part of it. Mr. Dawkins: Mr. Manager, what is your recommendation here? Mr. Odio: I recommend we accept their withdrawal and that we interview three companies today and that we award this afternoon contract management contract so that we can proceed with the construction. Mr. Gilchrist: We can select... Mrs. Kennedy: That was my next... Mr. Dawkins: I move that we turn this over - now wait a minute before I do this. You're saying to me that when we come back from lunch... Mr. Odio: I will bring back... Mr. Dawkins: ... you will bring back a solution and we can start - and we'll be in position to start to build a station? Mr. Odio: Yes, sir. Mr. Gilchrist: I would like to say that we can do the selection. Whether we can award the contract is a - you know, we can't actually sign the contract here but the Manager can be authorized to execute the contract. Mr. Dawkins: Beg pardon? I can't hear you. Mr. Gilchrist: The Manager can be authorized to execute a contract. Mr. Dawkins: OK, and now... Mrs. Kennedy: But, John, have you started interviewing any firms already? Mr. Gilchrist: We have interviewed on Friday and Thursday. Mr. Dawkins: OK, now when the Manager is execute - I mean, instructed to sign the contract which we will do today, what else happens? Mr. Gilchrist: Well, the question, you know, if we select the firm today, they've got to go in detailed review of that contract. I'm not sure that he can sign the contract today but we can select the firm and he can be authorized to execute. Upon execution of construction management, we have the drawings prepared by the architect to move forward with the foundation. Mr. Dawkins: Move forward... Mr. Gilchrist: With... Mr. Dawkins: ... means moving when in time of date. Mr. Gilchrist: As soon as that contract is signed... Mr. Dawkins: No, no, I got to have something better than soon as. Mr. Gilchrist: Our recommendation is that they could break ground next week. Mr. Dawkins: You will break ground next week? Mr. Gilchrist: The contractor would be on the site working next week. Mr. Dawkins: OK, so you're going to - but you will bring back this afternoon, Mr. Manager... Mr. Gilchrist: A selection. 5 September 8, 1987 Mr. Dawkins: A selection for us to approve and then you have to sign the contract with them. Mr. Gilchrist: Yes, sir. Mr. Odio: But I think you first have to... have a resolution accepting the withdrawal of Rooney 3-W. Mayor Suarez: I believe that was contained in the motion made to go the route of construction management and accept the withdrawal of the joint venture. Mr. Odio: Right. Mr. Gilchrist: Yes, sir. Mr. Dawkins: Find out from City Attorney. Mayor Suarez: Wait a minute, Commissioner, Commissioner. Mr. Dawkins: Wait till we hear from... Mayor Suarez: We may have to take those motions one at a time otherwise. Mr. Dawkins: Find out from the City Attorney where we are. Mrs. Dougherty: It's fine to do it both ways. Mr. Ruben Burke: A point of... Mrs. Dougherty: We'll prepare a resolution incorporating both of them by the end of the day. Mayor Suarez: Commissioner Carollo. Mr. Carollo: My question is, I was under the impression that when we met with the out with the people in the community that 3-W had indeed gotten its bonding. Now, if that's the case... Mr. Odio: Let me clarify. If that's the case, they will be interviewed with the other companies and if they are the best, then they have a chance of getting the contract. Mr. Carollo: Did we do with it in... Mr. Odio: But right now, they have to withdraw because the original bid was 3-W with Frank Rooney as a joint venture. Mr. Carollo: Well, again if that's the case, then how come during the Watson Island episode, when different people came in and went out and so on we never did that, and we're going to do it here? Mr. Odio: I'm not familiar with it. Mayor Suarez: Madam City Attorney, that's a good question. Could 3-W Construction Company not now be substituted for the prior joint venture assuming the City Commission felt, as they have assured us, that they can build for the amount of money in question and guarantee the minority requirements? Mrs. Dougherty: The same principle applies here as did Watson Island. As you recall, there was a bidder that bid and in order to transfer any rights to a separate entity not in the original bid, it would have to be subject to the City Commission but there would have to also be an assignment from that original entity. The cleaner and probably the simpler way is to fall under our emergency which we already declared in connection with the architect. So we have the project already declared an emergency and this is the cleaner, easier way to do it. Mr. Carollo: But wasn't Rooney and 3-W both the original bidders? Mrs. Dougherty: Correct. That's right. 6 September 8, 1987 Mr. Carollo: So, in essence... Mrs. Dougherty: That entity, that joint venture, is it wanted to, could assign all of it's rights to that bid to 3-W separately... Mr. Burke: Which, which... Mrs. Dougherty: But that would call for an assignment of the - and permission and also you'd have to accept it. Mr. Burke: That has been submit. That has been submitted. Mayor Suarez: OK, go ahead and give us your name. Mr. Burke: My name is Ruben Burke. I'm vice president of 3-W Corporation. Mr. Mayor, the entity that formed a joint venture was Rooney and 3-W Corporation, there was some differences in opinion and approach as to how to meet the 51 percent. As a unit bidding this job, 3-W Rooney, Rooney had their differences, we had our differences and to satisfy the City's requirement, Rooney released themselves to 3-W Corporation and we have submitted letters to that effect, allowing 3-W Corporation who, by the way, were the only signatory on the bond that was put up between the joint venture of Rooney and 3-W. We have obtained a bond under 3-W Corporation and we have guaranteed the City that we can meet the 51 percent and do go beyond that. So as a business entity, one of the partners fell out, that does not mean that the company, the corporation which is 3-W, which is a legal binding corporation, which assume all the liability in the bid conditions from the City, shall not proceed with the job. We have done everything that the City have asked us to do. They have asked us to come back with a bond, they have asked us to sit down and do value engineering. We have done this over many, many weeks we've worked with Mr. Gilchrist's office and we do have the bond in place. Mr. Dawkins: Mr. Burke. Mr. Burke, if 3-W joint ventured with Rooney, why did you joint venture with Rooney? Mr. Burke: At the time that we joint ventured with Rooney, we were doing the - Earlington Heights parking garage. Our bonding company, at the time we obtained the bond with them, told us that they would not write any further bonds for us until such time that that particular project was substantially completed. I'm happy to say that that project is 98 percent completed and our bonding company has saw fit to write the bond to 3-W Corporation directly at this time. We have completed not only that project, but we've completed the Martin Luther King parking garage and we're presently doing the Booker T. Washington project. So the bond... Mr. Dawkins: Then 3-W is going to obtain a bond and nobody else is going to sign off on it but 3-W. Mr. Burke: That's correct. That is correct. Mrs. Kennedy: Mr. Burke, if you were not able to get the 51 percent when you were with Rooney, what makes you so sure that you can by yourself? Can you... Mr. Burke: Well, 3-W Corporation, by the way, we started out on the Martin Luther - just a brief history of our background, we started out the Martin Luther King parking garage with 10 percent black participation and by the time we completed that project, we have a letter from the Department of Federal Contract Compliance Program demonstrating that we have achieved 74 percent. The same thing happened on the Earlington Heights parking garage and the same thing on Booker T., we are presently at 56 percent black participation on the Booker T. Washington project so we feel very confident that we can proceed with this project and not only meet the 51 percent to go beyond that. Mr. Dawkins: Will 3-W be doing this as a sole entity or is 3-W going to joint venture with anyone else or will any other white firm be involved in this with 3-W? Mr. Burke: 3-W Corporation would be doing this project on its own. 3-W... Mr. Dawkins: Nobody else is going to be in this. 7 September 8, 1987 Mr. Burke: No joint venture whatsoever on this project. This would be strictly a 3-W Corporation project. Mr. Dawkins: You'll sign your bond and everything. Mr. Burke: We sign and the City's free to review all of our documentation on this project at any time. Mr. Carollo: The bottom line is, you do have your bond now. Mr. Burke: Yes, sir. Yes, Commissioner. Mr. Carollo: Well, if that's the case, and they are going to meet and exceed the 51 percent minority participation; they do have a track record already then I don't see what we're further discussing here. Either we're going to treat black minority firms the same way that we treat others or let's have it out and say, hey, we have one standard for one group and another standard for another group. Now, I'm willing to bite the bullet and make a motion with the guidance of the City Attorney to make sure that we do everything legally correct, to go ahead and have 3-W begin this project as soon as possible. Now, Madam City Attorney, can you guide us? Mrs. Dougherty: Yes, sir, I would suggest that you make a motion to accept the assignment from 3-W joint venture to 3-W conditioned upon the City Attorney reviewing and approving the assignment. Mr. Carollo: And so, I move that we accept the assignment from 3-W joint venture to 3-W conditioned upon the City Attorney reviewing and making sure that we are legally bound by this final agreements. Mayor Suarez: So moved. Mr. Dawkins: Discussion. OK, I'll wait for the second. Mayor Suarez: If seconded, it takes precedent over the prior motion but - and I would be disposed to second it at the appropriate time but I think maybe we ought to go back to the prior motion. Mr. Odio: Can I, can I... wait, but, but... this is im... Mr. Plummer: Well, second it for discussion to get it out on the floor. Mayor Suarez: Seconded for discussion. Mr. Plummer: Just to get it on the floor. Mr. Dawkins: OK, under discussion. Madam City Attorney, are you saying that 3-W had an agreement with Rooney which was a joint venture that was sanctioned by the State of Florida Board of Regulations or whatever control the contractors. Rooney backed out, broke that contract and now you're saying that it is legal, that you do not have to - and I'm only asking for information - you do not have to interview anybody else, you don't have to do anything else, just hand this to 3-W. Is that what you're saying that this Commission can do? Mrs. Dougherty: No, it's not the Commission that's doing it, it's the joint venture that is assigning its rights to another entity. Mr. Dawkins: Can the joint... Mrs. Dougherty: It's up to you. It's within your discretion as to whether or not to accept it. Mr. Dawkins: No, no, no ma'am, it's up to you. It's up to you. Because if we have to go to court or something, this is your baby, not ours. Mrs. Dougherty: Yes, I'm saying... Mr. Carollo: It's up to both of us. Mr. Dawkins: OK. You see, all I'm saying to you is, are you telling me that this Commission is perfectly within its rights to accept a bid that is not on 8 September 8, 1987 its face legal because another entity backed out and left a half a entity instead of a whole entity and you're saying that this Commission, if it wants to, can legally go with a half entity. Mrs. Dougherty: Yes, sir. Mr. Dawkins: OK, that's all I need. Mrs. Dougherty: I just want to add one thing, however. Mr. Dawkins: That's all I need to know. You don't need to add nothing else for me, that's good enough, move. Mrs. Dougherty: We have not researched... Mr. Carollo: Ma'am... Mr. Dawkins: Call the question! Mrs. Dougherty: We have not researched whether or not this is a certified company... Mr. Dawkins: Call the question! Call the question! i Mrs. Dougherty: ... as required by the State of Florida. Mr. Dawkins: Call the question! Mr. Plummer: No, no, no, no. I've got other questions. Mr. Dawkins: Call the question! Mr. Carollo: OK, we're discussion, Miller. We're discussion, J.L. Hold on for a second, now. Basically, what we've done here is the same thing that was done during the Watson Island adventure. The big difference is that there hasn't been any of the monkey business in this particular item that there was in the other one. Now, I have one question for you, Mr. Burke. Mr. Burke: Yes, sir. Mr. Carollo: When can you begin ground breaking construction if you are awarded this contract? Mr. Burke: As soon as the City give us a notice to proceed. We could... Mr. Plummer: After they give you that notice, he's asking how long. Mrs. Kennedy: Yes, once you get the notice. Mr. Burke: Well, we could go to work tomorrow to answer your question. We could go to work tomorrow. Mr. Plummer: Question, Mr. Burke, who wrote your bond, sir? Mr. Burke: I beg your pardon? Mr. Plummer: Who wrote the bond for the project? Mr. Burke: USF&G. Mr. Plummer: Based on whos guarantee? Mr. Burke: 3-W's. Mr. Plummer: And who else? Mr. Burke: 3-W Corporation is the sole guarantor of the bond. ` Mr. Plummer: It's on the record, sir. Mr. i ! Burke: Yes, it is. 9 September 8, 1987 Mr. Plummer: OK. Next question, the performance bond. If they don't perform, where are we? In other words, is the performance bond with what kind of penalties and is the performance bond a guarantee for the X dollars of the project? Mr. Burke: The perform... Is that question addressed to me, sir? Mr. Plummer: Well, I want to hear from both so you can start out if you want. Mr. Burke: Well, the performance bond is going to cover exactly what the contract price is guaranteed to the City for. If we do not perform, then the bonding company has the authority and the legal rights to come after all of our assets including our personal assets. Mr. Plummer: And how much is the performance bond? Mr. Burke: Performance bond for the value of 4.4 million dollars. Mr. Plummer: For the construction. Mr. Burke: For the construction costs. Mr. Plummer: All right, sir. John, you wanted to say... Mrs. Dougherty: Mr. Mayor. Mayor Suarez: Yes. Mr. Plummer: I have one further question. Mayor Suarez: Madam City Attorney. Mrs. Dougherty: It is my understanding that there is at least a question whether the joint venture, that entity which bid originally, is an entity which is certified by the State of Florida as required by Dade County and also the State of Florida. I don't know the answer at this time. Mayor Suarez: The prior entity. Mrs. Dougherty: Yes, the prior entity which means that if it wasn't a certified entity, it could not have bid, therefore it cannot assign it's rights. My suggestion, therefore, is till you... Mayor Suarez: Well, this is a heck of a time for us to have to contemplate that question when they were previously awarded as a joint entity. Mrs. Dougherty: Well, I agree with you but I found out about it Friday. My suggestion would be that you think of an alternative in that event and the alternative if you want joint - 3-W is on the emergency basis to select them as the general contractor. That's the alternative. Mr. Dawkins: No ma'am, we're not going through none of this. When these people here leave here today, this is going to be settled. Mayor Suarez: But that's what, that's what... Mrs. Dougherty: Well, that's what I'm suggesting, settle the... Mr. Dawkins: No ma'am, no ma'am, I'm not going to have these people leave here today, me, number one, with some more stuff about we going to check something to find out and then we're going to check something else and then we're going to check something else, no ma'am. Mrs. Dougherty: Well, the way to do it then, is to do it on the emergency basis and select 3-W as the general contractor. Mr. Dawkins: And you say that's legal, that's good enough for me. All I need to know from you, sir, who is Larry Chase? Mr. Burke: Larry Chase is one of our project managers on the Earlington �! Heights parking garage. �' 10 September 8, 1987 Mr. Dawkins: And what part will he play on the jail? Mayor Suarez: On the substation. Mr. Burke: He's not going to... on the substation? Mr. Dawkins: Yes. Mr. Burke: He will not be playing any part on the substation. We - 3-W Corporation is liable for every facet of this job. We would be hiring, we would be signing, we'd be... Mr. Dawkins: Will Mr. Larry Chase do any work or anything on the job? Mr. Burke: None whatsoever, no. Mr. Dawkins: Thank you. Call the question. Mr. Carollo: Now you got my curiosity, Miller, who is Larry Chase? Mayor Suarez: OK, is there any - we have another motion on the question by Commissioner Dawkins. Do we have a second? Mr. Plummer: On the - what was his? Mr. Carollo: Excuse me? Mayor Suarez: He's moving a question. Mr. Plummer: No, it's on Joe's new motion. Mr. Dawkins: My motion is dead because Joe moved it... Mr. Carollo: No, no. I made the motion. Mayor Suarez: Yes, but he can move the question and we close off debate if... Mr. Dawkins: ... ---- Manager to bring it back at two o'clock but Joe voted to... Mayor Suarez: Is there any real - let me ask a question, maybe we can go ahead and take final action on this, Madam City Attorney, is there any real difference between the two other than the legalities of it. I mean, we're basically selecting... Mrs. Dougherty: No, there's no difference between the two other than the legalities... Mayor Suarez: Can we do both together? Can we say we, in fact, are also selecting 3-W on the basis that you've got two other - have you talked to two other bidders and have we otherwise satisfied the requirements? Mrs. Dougherty: We have. Mr. Dawkins (Off mike): Yes, but they've been putting words in his mouth, he didn't recommend 3-W. Mrs. Dougherty: It's not necessary to interview three others - two others because this is an emergency. Mayor Suarez: OK, so it's not necessary. Mrs. Kennedy: Yes, it changes the whole... Mayor Suarez: So we are - we are selecting, assuming this motion carries, we are selecting 3-W as sole bidder and contractor to complete this project under the conditions and instructing the City Manager to... Mr. Plummer: Complete? What do you mean complete, it hasn't been started? Mrs. Kennedy: Start. 11 September 8, 1987 Mayor Suarez: Well, they have to. The condition and performance bond is that they complete it and to instruct the City Manager to sign an agreement accordingly. That's the motion? Mr. Plummer: Question. Mr. Carollo: I've made my motion. Mayor Suarez: Mr. Vice -Mayor. Mr. Plummer: I want to hear from John and from the Manager, your recommendations based on what has just been said. Mr. Odio: Based on what the Law Department is saying, the more expeditious way will be this one. I thought that by law we had to interview three companies. First of all that they had to withdraw and then we had to go ahead and - if that's the case and if the bond is good... what I don't want is to happen... Mr. Plummer: Weren't they the only original bidder? Mr. Gilchrist: They were the only bidders. Mr. Plummer: So there's no other bidder to contend that they were slighted. Mrs. Dougherty: That's right. Mr. Gilchrist: No, that's correct. Mr. Plummer: Now, your recommendation, Mr. Gilchrist. Mr. Gilchrist: Well, I follow the will of the Commission but we can move... Mr. Plummer: That's not what I asked you, sir. Mayor Suarez: Very wise. Mr. Gilchrist: We can move forward with 3-W to do the project in an expeditious manner. We have a contract in place. They could sign that today and we could give them a letter to proceed today if that's the will of the Commission. Mr. Plummer: Thank you, sir. Mr. Carollo: Well the - you know, let's put things as they are in perspective. Mr. Gilchrist: They have to... Mr. Carollo: The reason Mr. Gilchrist and the administration recommended this was on the assumption that 3-W did not have a bond. And if that was the case, then I would have been willing to go along with what they presented. That's what I said last week. However, the difference is that they do have a bond. I call the question on my motion. Mayor Suarez: We have a motion and a second. We've got a request to close debate and a second and I think it reflects the consensus of the Commission so there's no need to take a vote on that so we have a vote on the motion by Commissioner Carollo seconded. Any further discussion? Call the roll. 12 September 8, 1987 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-766 A RESOLUTION RESCINDING RESOLUTION NO. 87-725, ADOPTED JULY 23, 1987, IN ITS ENTIRETY, ENTITLED "A RESOLUTION ACCEPTING THE NEGOTIATED GUARANTEED MAXIMUM COST IN THE PROPOSED AMOUNT OF $4,400,000 FROM 3-W CORPORATION, INC./FRANK J. ROONEY, INC., A JOINT VENTURE, FOR THE CONSTRUCTION OF THE NORTH DISTRICT POLICE SUBSTATION PROJECT, INCLUDING THE BASE BID AND ALL ADDITIVE AND DEDUCTIVE ALTERNATIVES; WITH MONIES THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, PROJECT NO. 312007, IN THE AMOUNT OF $4,400,000 TO COVER THE CONTRACT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM"; AND FURTHER ACCEPTING, BASED ON THE VALID PUBLIC EMERGENCY AS APPROVED AND CONFIRMED BY RESOLUTION NO. 87-676, ADOPTED JULY 9, 1987, THE NEGOTIATED GUARANTEED MAXIMUM COST IN THE PROPOSED AMOUNT OF $4,400,000 FROM 3-W CORPORATION, INC., FOR THE CONSTRUCTION OF THE NORTH DISTRICT POLICE SUBSTATION PROJECT, INCLUDING THE BASE BID AND ALL ADDITIVE AND DEDUCTIVE ALTERNATIVES; WITH MONIES THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, PROJECT NO. 312007, IN THE AMOUNT OF $4,400,000 TO COVER THE CONTRACT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Yes and in voting yes, if for any reason that contract is not signed within 48 hours, I think this Commission needs to be notified. Mayor Suarez: I'm glad you mentioned that. Mr. Gilchrist: They have to deliver the bond document to us and we do have a contract in place which could be signed. I believe Ruben will testi... Mr. Plummer: Sir, can you deliver the bond within 48 hours? Mr. Burke: I beg your pardon? Mr. Plummer: Can you deliver the bond within 48 hours? Mr. Burke: I'll get in touch with my bonding company as soon as I leave this meeting, sir. Mr. Plummer: OK. FOLLOWING COMMENTS MADE AFTER ROLL CALL: Mr. Burke: Thank you gentlemen, thank you. + 13 September 8, 1987 J y I Mrs. Kennedy: Good luck. Mr. Plummer: And don't invite us to a ground breaking. Mrs. Kennedy: Mr. Manager, it's going to get... Mayor Suarez: Invite us when it's finished. Commissioner Kennedy. Mr. Carollo: Mr. Reese. Mrs. Kennedy: Yes, no, let me just say, we understand it's going to get much hotter here as the day progresses but can you do something with the air conditioning? OK. Mayor Suarez: Mr. Reese. Mr. Robert Reese: I'm speaking on behalf of the merchants and I'm here to... Ms. Hirai: Excuse me, we need your name for the records. Mr. Reese: Robert Reese. Mayor Suarez: Give us an address, please. Mr. Reese: 6230 N. W. 7th Avenue. I'm here to speak on behalf of the merchants. As we know, merchants depends on people, their surroundings to make money and we want to make sure that the people in Liberty City, the labor force we're talking about now, get the jobs on that substation. They was promised and I see no reason why they shouldn't get it. Do they get it? Mr. Carollo: Well, this is why I'm introducing a variety of ordinances today that once they're passed, I think that 3-W and any other company is going to have to abide by them. Also, based on my conversations with the Manager, those are some of the stipulations that it is my understanding that the administration is going to make on any future contracts up until the time that these ordinances be approved. Mayor Suarez: What about that, Mr. Manager, John, do we have any guarantee as to the employment phase at... Mr. Gilchrist: I think you should have Ruben Burke answer that question since he's here. Mr. Carollo: Well, he's still here. He come back and... Mr. Burke: I'm sorry, I didn't hear the question. Mr. Carollo: The question, Mr. Burke, is, are you going to be using Dade County labor for this project? Mr. Burke: Yes, sir, we're going to insist that all of our subcontractors acquire - first of all, in the contract documents, there is a provision that we must use first source employees which will be referred by City funded program to the project. Mr. Dawkins: That was not Mr. Reese's question. Mr. Burke: Oh, I was... Mr. Dawkins: Mr. Reese's question is, listen closely now so you can answer the question, will the people working on that police station come out that union hall across the streets on 62nd Street and from other people in the neighborhood who are walking around without a job. Is that your question, Mr. Reese? Mr. Reese: In Liberty City, yes. Mr. Burke: Well, yes. The answer to your question will be yes. Mr. Dawkins: OK, tell Mr. Reese. Mr. Reese will be checking it. Mr. Reese: Thank you. 14 September 8, 1987 Mayor Suarez: OK. Mr. Dawkins: I'd like to make a statement before we go any further. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I'm sorry that my fellow Commissioner did not see fit to go with the option number one which I offered. In the event that anything goes wrong, 3-W does not get a bond, 3-W drop dead, 3-W does anything, you do not have an option to go to. You got to come back here and start this whole process over but up here the majority rules and so be it. NOTE FOR THE RECORD: Minutes of May 14 and 28, June 11 and 25, and July 9, and 23, 1987, viere approved. 4. CONSENT AGENDA Mayor Suarez: Items 1 through 43 constitute the consent agenda. Mr. Odio: Mr. Mayor. Mayor Suarez: Yes. Mr. Odio: On item, I believe it's 18, no 13, the figures are changed from $130,000 to $150,000, one five zero. Mr. Dawkins: What item? Mr. Odio: That's the Latin Chamber of Commerce. Mayor Suarez: Item which? Thirteen? Mr. Odio: Thirteen. Mayor Suarez: OK. Mr. Carollo: Can you call out two minutes so that we could be sure on the consent agenda, please. NOTE FOR THE RECORD: Item 55 was deferred to October 8, 1987. Item 90 was continued to October 8, 1987. Mrs. Kennedy: For the same reason, I need to pull the Bayfront Park also because Al Greer is out of town. I cannot make the presentation, I'd like to. Mayor Suarez: Which item? Mrs. Kennedy: I don't know the number off hand. Mr. Dawkins: What? The one on... Mrs. Kennedy: The one on Bayfront Park... Mrs. Dougherty: Just circle this and hand it to him. Mrs. Kennedy: Fifty-six. Mr. Carollo: On item 13, Mr. Manager, what changes were you making again? Mrs. Kennedy: And ask that it be put at the next agenda. Mr. Odio: Yes, the Commission a while back indicated that you wanted to add $20,000 more to the Latin Chamber's yearly event. So we have to go up from one hundred and thirty thousand to one fifty. 15 September 8, 1987 Mr. Carollo: Um humm. Mr. Plummer: Mr. Mayor, I'd like item 23 in relation to Bayside pulled. Mr. Odio: Which one, Commissioner? Mr. Plummer: Twenty-three for discussion. Mr. Dawkins: Well, I've got a lot I want to pull. I'm waiting till he get here. Mr. Plummer: Oh, that's the only one I have when they've corrected 13. Mr. Dawkins: Oh, that's so sweet of you. Mr. Plummer: So be it. Mr. Plummer: Pull 23. Mayor Suarez: Item 23 has been pulled. Mr. Dawkins: Pull 6, 5. Mr. Plummer: Five? Mr. Dawkins: Five, six, five, eleven... Mr. Odio: Seven? Mrs. Kennedy: Eleven. Mr. Dawkins: Eleven. Twenty. Mr. Plummer: Two zero. Mr. Dawkins: Yes. And 37, 38, 42, and that's it. Mrs. Kennedy: That's it? Mr. Corry Sandlin: Mr. Mayor. Mr. Plummer: Other than that. Mayor Suarez: We're going to hear any items that have been pulled but go ahead, sir. Mr. Corry Sandlin: My name is Corry Sandlin, I'm with the Linotype Company. I'd like to speak on resolution item number seven. Mayor Suarez: OK, we're pulling item seven. Mr. Sandlin: Thank you. Mayor Suarez: Tell us your name. Mr. Ken Nelson: Mr. Mayor, Ken Nelson, president, Miami Fraternal Order of Police. We'd like to have number 18 pulled. Mayor Suarez: Eighteen. Mr. Nelson: Thank you. Mayor Suarez: OK, as to items 13, Commissioner Carollo, are you satisfied on that? Mr. Carollo: Excuse me? Mayor Suarez: Are you satisfied on the modification of item 13? Mr. Carollo: Absolutely. Have no problems with that. 16 September 8, 1987 Mayor Suarez: OK, as to item 14, a modification includes that we have an approval rather than an authorization and as to item 43, the names of two daily newspapers, Miami Review the Miami News for publishing of the required notice and the resolution in question. Mr. Carollo: What - excuse me, what item is that you're reading now? Mayor Suarez: These are the changes coming from the City Manager on 13, 14, and 43... Mr. Carollo: Fourteen. Mayor Suarez: ... so that when we vote on them, we understand that they're as modified by these changes. Mr. Carollo: OK, hold on. Forty-three is... Mr. Plummer: Forty-three is the election. What is the modification on 43? Mayor Suarez: The modification on 43 is that the names of two daily newspapers, Miami Review and the Miami News, are inserted into that... Mr. Carollo: Miami what now? Mayor Suarez: The Miami News and the Miami Review. I Mr. Carollo: Miami News and the Miami Review? Mayor Suarez: For publishing of the required notice. Ms. Hirai: Plus all of the other ones we usually advertise in. Mr. Plummer: Who are the other ones already there? Ms. Hirai: It's pursuant to the resolution that the Commission passes every year, Mr. Vice -Mayor. Mr. Carollo: How many newspapers do we have? Mr. Plummer: No, no, no. Are you telling me that that would be the only two? Ms. Hirai: No, sir, we advertise in all the newspapers we have been directed to do so by you. The only problem is that due to an oversight, it was not placed in the resolution so we're placing it now. Mr. Carollo: How many daily newspapers are we going to be advertising on? Ms. Hirai: It's News, Diario, the Miami Times, Miami Review and we rotate the weeklies. Mr. Carollo: Right. I understand that. Mr. Dawkins: The Miami Times is a weekly. Mr. Carollo: It's a weekly. Ms. Hirai: Yes, but we always advertise in the Miami Times. Mr. Carollo: Well... Mr. Plummer: Tell me, Madam Clerk, exactly how many papers this will be published in as it stands right now. Ms. Hirai: Well, let... Mr. Carollo: Well, what I'd like to make sure is do we advertise in papers that people read. Mr. Dawkins: The comics. jMr. Carollo: There was one that was mentioned there, you know, it's not read anywhere. 17 September 8, 1987 0 # Mr. Plummer: What's that, Joe? Mr. Carollo: The Miami News. Mr. Plummer: Yes, that's true. Mr. Carollo: You know, we might as well advertise in the Herald. Mr. Plummer: No. Ms. Hirai: Mr. Vice -Mayor, Miami News, Miami Review, Diario Las Americas, Miami Times plus La Nacion and La Verdad which are the weeklies we have been directed to do so. We always do that at election time. Mr. Carollo: I see Mr. Giebre laughing. I guess that means I get my fourth letter from Lou Salome. Mr. Plummer: Well, let me ask you the approximate cost of that advertising. Ms. Hirai: Presently, we have reduced it to the minimum expression that can be seen, Mr. Vice -Mayor and we're saving a lot of money on that. They used to be gigantic ads, but right now they are legible but they have been reduced greatly. I am unable to tell you right now because in one of the ads we will place all of the polling precincts and that is a rather lengthy list. But I will be happy to send to your office a sample of the type that we're using now. Mr. Plummer: All right. Mayor Suarez: We've had - we've explained 13, 14, and 43 for the Commission and for anyone that may wish to be heard on those items and we have pulled, I believe, items 2, 5, 6, 7, 11, 18, 20, 37, 38, 42, and item 23. Any other items? Mr. Plummer: I move the consent agenda. Mr. Carollo: I'd like to on item 15 I believe it is. Mayor Suarez: Item fifteen? Mr. Carollo: Yes. Mayor Suarez: Want to pull that? Mr. Carollo: No, I don't want to pull it, I just want to amend that to give them an additional $10,000. Mr. Plummer: Fifteen. Mr. Carollo: Any problem with that? Mr. Plummer: Where's the money coming from? Mr. Carollo: Same money we found to give some of the other programs here a raise. Mr. Plummer: That's fine. Money is there, I have no problem. Mr. Manager, he wants to modify 15 from thirty thousand to forty-five thousand, Commissioner Carollo. Mayor Suarez: To forty, no? Mr. Carollo: To forty thousand. Mr. Plummer: Forty thousand, I'm sorry. j Mr. Odio: These funds are from... Mayor Suarez: OK, with that modification, item 15. f j Mr. Carollo: Yes. 18 September 8, 1987 Mayor Suarez: Modifications on 13, 14, 15, and 43 and we have pulled the items that I have mentioned before. Is there anyone from the general public that wishes to be heard on items 1 through 43 with those exceptions? Mr. Carollo: I move the consent agenda. Mayor Suarez: Wait a minute. Yes, sir. UNIDENTIFIED SPEAKER.: I'd like to speak on item 6. Mayor Suarez: Item. Mr. Dawkins: Two, I pulled two. Mr. Plummer: Six has been pulled. Mayor Suarez: Six has been pulled with the exception of 2, 5, 6, 7, 11, 18, 23, 20, 37, 38, and 42, we're voting on item 1 through 43 with the modifications in question. Let the record reflect that no one has stepped forward to be heard on those item excepting the ones pulled. We have a motion and a second. Mr. Plummer: I second. Ms. Hirai: Yes, sir, we do. Mayor Suarez: Call the roll. Thereupon, the City Commission on motion duly made by Commissioner Carollo and seconded by Commissioner Plummer, adopted the hereinbelow resolutions by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 4.1 ACCEPT BID: M. VILA AND ASSOCIATES FOR SE OVERTOWN/PARK WEST PAVING PROJECT -PHASE I RESOLUTION NO. 87-767 A RESOLUTION ACCEPTING THE BID OF M. VILA AND ASSOCIATES IN THE PROPOSED AMOUNT OF $1,406,624.40, ALTERNATE TOTAL BID OF THE PROPOSAL, FOR SE OVERTOWN/PARK WEST PAVING PROJECT -PHASE I; WITH MONIES THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, PROJECT NO. 322029, IN THE AMOUNT OF $1,406,624.40 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM; DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION BY M. VILA AND ASSOCIATES OF SE OVERTOWN/PARK WEST PAVING PROJECT - PHASE I UPON SATISFACTORY COMPLETION OF SAID CONSTRUCTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 19 September 8, 1987 4.2 4.3 ACCEPT BID: MIRI CONSTRUCTION, INC. FOR MANOR HIGHWAY IMPROVEMENT -PHASE IV RESOLUTION NO. 87-768 A RESOLUTION ACCEPTING THE BID OF MIRI CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF $1,938,720.50, TOTAL BID OF THE PROPOSAL, FOR MANOR HIGHWAY IMPROVEMENT - PHASE IV, WITH MONIES THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, PROJECT NO. 341119, IN THE AMOUNT OF $1,938,720.50 TO COVER THE CONTRACT COST; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM; AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION BY MIRI CONSTRUCTION, INC. OF MANOR HIGHWAY IMPROVEMENT -PHASE IV UPON SATISFACTORY COMPLETION OF SAID CONSTRUCTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ACCEPT BIDS FROM VARIOUS SUPPLIERS TO FURNISH AUTOMOBILE, MOTORCYCLE AND TRUCK TIRES AND TUBES TO CITY DEPARTMENTS ON A CONTRACT BASIS RESOLUTION NO. 87-769 A RESOLUTION ACCEPTING THE BIDS OF GOODYEAR TIRE & RUBBER CO. AT A PROPOSED COST OF $21,613.00, EDWARDS-WARREN TIRE CO. AT A PROPOSED COST OF $3,645.00, NORTON TIRE CO. AT A PROPOSED COST OF $18,591.00, BALADO NATIONAL TIRE CO. AT A PROPOSED COST OF $56,782.00, MIAMI TIRESOLES, INC. AT A PROPOSED COST OF $113,580.00, SOUTHWEST CYCLE CO. AT A PROPOSED COST OF $1,282.00, PALMETTO KAWASAKI AT A PROPOSED COST OF $1,312.00 AND HOG HEAVEN CYCLE CO. AT A PROPOSED COST OF $29,300.00 TO FURNISH AUTOMOBILE, MOTORCYCLE AND TRUCK TIRES AND TUBES TO VARIOUS CITY DEPARTMENTS ON A CONTRACT BASIS FOR ONE (1) YEAR AT A TOTAL PROPOSED COST OF $246,105.00; ALLOCATING FUNDS THEREFOR FROM THE 1987-88 FLEET MANAGEMENT DIVISION FUND ACCOUNTS NO. 420201-721 ($114,379) 420301-721 ($89,379) 1987-88 DEPARTMENT OF FIRE RESCUE & INSPECTION SERVICES GENERAL FUND ACCOUNT NO. 280701 ($39,347) AND TELEPHONE FRANCHISE FEE ACCOUNT NO. 1050000-280502-721 ($3,000) AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE SUPPLIES, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) c September 8, 1987 4.4 4.5 4.6 ACCEPT BIDS OF THIRTEEN SUPPLIERS FOR FURNISHING LINE OFFICE SUPPLIES TO THE GENERAL SERVICES ADMINISTRATION DEPARTMENT RESOLUTION NO. 87-770 A RESOLUTION ACCEPTING THE BIDS OF THIRTEEN (13) SUPPLIERS, FOR FURNISHING SPECIFIED AND BALANCE OF LINE OFFICE SUPPLIES, AS NEEDED, ON A CONTRACT BASIS FOR ONE (1) YEAR TO THE GENERAL SERVICES ADMINISTRATION DEPARTMENT, DIVISION OF PROCUREMENT/CENTRAL STORES AT A TOTAL PROPOSED COST OF $270,000.00; ALLOCATING FUNDS THEREFOR FROM THE 1987-88 INTERNAL SERVICE FUND - CENTRAL STORES; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE MATERIALS, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) AUTHORIZE EXECUTION OF AGREEMENT WITH NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. TO CONTINUE THE WASHINGTON D.C. LOBBYING SERVICES OF MARK ISRAEL RESOLUTION NO. 87-771 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC., TO CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON, D.C. BY MR. MARK ISRAEL; ALLOCATING THEREFOR AN AMOUNT NOT TO EXCEED $25,000 FOR SUCH SERVICES, AND AN AMOUNT NOT TO EXCEED $4,000 FOR REIMBURSABLE EXPENSES FROM THE LEGISLATIVE LIAISON GENERAL FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH CELLAR DOOR CONCERTS, INC. FOR THE USE OF THE ORANGE BOWL STADIUM ON SEPTEMBER 18, 1987 RESOLUTION NO. 87-772 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN 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 DAVID BOWIE ON SEPTEMBER 18, 1987. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 21 September 8, 1987 e 4.7 AUTHORIZE MANAGER TO ENTER INTO CONTINGENCY AGREEMENT WITH LATIN CHAMBER OF COMMERCE IN THE AMOUNT OF $150,000 TO SUPPORT 1987-88 PROGRAMS RESOLUTION NO. 87-773 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE LATIN CHAMBER OF COMMERCE, INC., IN THE AMOUNT OF $150,000 TO SUPPORT THE 1987-88 PROGRAMMATIC ACTIVITIES OF THE PERMANENT SECRETARIAT OF THE HEMISPHERIC CONGRESS OF LATIN CHAMBERS OF COMMERCE AND INDUSTRY INCLUDING THE IMPLEMENTATION OF THE IX HEMISPHERIC CONGRESS, WITH SAID AUTHORIZATION BEING CONTINGENT UPON FUNDS BEING APPROPRIATED IN THE CITY'S DEPARTMENT OF DEVELOPMENT BUDGET FOR FISCAL YEAR 1987-1988. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.8 AUTHORIZE EXECUTION OF AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT, INC. (MCDI) RESOLUTION NO. 87-774 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI CAPITAL DEVELOPMENT, INC. (MCDI) FOR THE PURPOSE OF ACCEPTING A CONTRIBUTION OF EQUIPMENT OWNED BY MCDI FROM THE SUPER SAVE SUPERMARKET AND FURTHER ALLOWING MCDI TO REDUCE ITS LOAN RECEIVABLES BY THE APPRAISED VALUE OF SAID EQUIPMENT AND DECREASING THE TOTAL AMOUNT DUE TO MCDI FROM THE PRINCIPALS OF SUPER SAVE SUPERMARKET BY THE SAME AMOUNT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.9 AUTHORIZE MANAGER TO EXECUTE $40,000 AGREEMENT WITH MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. 87-775 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION (MLKEDC) IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS ($40,000) TO CONTINUE IMPLEMENTING THE COMPREHENSIVE FACADE TREATMENT PROGRAM IN THE MODEL CITY TARGET AREA, WITH FUNDS ALLOCATED THEREFOR FROM THE THIRTEENTH (13TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.10 EXTEND TERMINATION DATE AGREEMENT WITH NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE, INC. RESOLUTION NO. 87-776 A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT BETWEEN THE CITY OF MIAMI AND NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE, INC. TO REFLECT AN EXTENSION OF THE TERMINATION DATE TO SEPTEMBER 30, 1987. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 22 September 8, 1987 4.11 AUTHORIZE AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE DOWNTOWN D.R.I. RESOLUTION NO. 87-777 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE FORM ATTACHED, TO THE DEVELOPMENT AGREEMENT FOR THE DOWNTOWN D.R.I. BY AND AMONG THE CITY OF MIAMI, THE CITY OF MIAMI DOWNTOWN DEVELOPMENT AUTHORITY AND THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.12 ACCEPT CONTRACT EXTENSION FOR RADIOLOGY SERVICES TO CEDARS MEDICAL CENTER RESOLUTION NO. 87-778 A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING CONTRACT FOR RADIOLOGY SERVICES TO CEDARS MEDICAL CENTER APPROVED ORIGINALLY ON RESOLUTION NO. 86-683, BID NO. 85-86-59 TO PROVIDE RADIOLOGY SERVICES PRE- EMPLOYMENT X-RAYS FOR FIRE AND POLICE APPLICANTS TO THE PERSONNEL MANAGEMENT DEPARTMENT FOR ONE (1) YEAR RENEWABLE ANNUALLY AT A TOTAL PROPOSED COST OF $12,250.00 ALLOCATING FUNDS THEREFOR FROM THE 1987- 88 OPERATING BUDGETS OF THE USING DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.13 ACCEPT CONTRACT EXTENSION FOR PHYSICAL EXAMINATIONS TO CEDARS MEDICAL CENTER, INC. RESOLUTION NO. 87-779 A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING CONTRACT FOR PHYSICAL EXAMINATIONS TO CEDARS MEDICAL CENTER, INC. APPROVED ORIGINALLY ON RESOLUTION NO. 83-506, BID NO. 81-82-135 TO PROVIDE ANNUAL PHYSICAL EXAMINATION TO THE POLICE DEPARTMENT FOR ONE (1) YEAR RENEWABLE ANNUALLY AT A TOTAL PROPOSED COST OF $110,000.00 ALLOCATING FUNDS THEREFOR FROM THE 1987- 88 OPERATING BUDGET INDEX CODE NO. 290201-260; 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.) 23 September 8, 1987 C f 4.14 ACCEPT CONTRACT EXTENSION FROM VALLE/AXELBERG & ASSOCIATES, INC. TO PROVIDE PSYCHOLOGICAL SERVICES TO THE POLICE DEPARTMENT RESOLUTION NO. 87-780 A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING CONTRACT FROM VALLE/AXELBERG & ASSOCIATES, INC. APPROVED ORIGINALLY ON RESOLUTION NO. 86-83, BID NO. 84-85-114 TO PROVIDE PSYCHOLOGICAL SERVICES TO THE POLICE DEPARTMENT FOR ONE (1) YEAR RENEWABLE ANNUALLY AT A TOTAL PROPOSED COST OF $82,000.00 ALLOCATING FUNDS THEREFOR FROM THE 1987-88 OPERATING BUDGET INDEX CODE NO. 290201-260; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.15 ESTABLISH PUBLIC HEARING DATE TO CONSIDER ISSUANCE OF A DEVELOPMENT ORDER FOR DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT RESOLUTION NO. 87-781 A RESOLUTION ESTABLISHING NOVEMBER 12, 1987, OR A RECONVENED MEETING, AS THE DATE FOR A PUBLIC HEARING CONSIDERING ISSUANCE OF A DEVELOPMENT ORDER FOR THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY, WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA AS PROPOSED BY THE APPLICANT, THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA, AND DIRECTING THE CITY CLERK TO NOTIFY APPROPRIATE AGENCIES. (Here follows body of resolution, omitted here and ! on file in the Office of the City Clerk.) 4.16 ALLOCATE $50,000 IN SUPPORT OF THE II ALLAPATTAH FAIR RESOLUTION NO. 87-782 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $50,000, FROM THE $500,000 SURPLUS REVENUES FROM THE DEPARTMENT OF OFF-STREET PARKING TO BE GIVEN TO THE CITY, IN SUPPORT OF THE II ALLAPATTAH FAIR, TO BE CONDUCTED DECEMBER 11-13, 1987 BY THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC.; FURTHER STIPULATING THAT IF ANY PROFITS ARE DERIVED FROM SUCH EVENT, THE CITY SHALL RECEIVE ONE HALF OF SAID PROFITS; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY 24, 1984. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) r I. 24 September 8, 1987 4.17 ALLOCATE $3,850 GRANT TO THE LIONS HOME FOR THE BLIND, INC. RESOLUTION NO. 87-783 A RESOLUTION ALLOCATING $3,850 FROM THE FUND BALANCE OF UNEXPENDED TWELFTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PUBLIC SERVICES TO THE LIONS HOME FOR THE BLIND, INC. (FORMERLY CALLED THE INDUSTRIAL HOME FOR THE BLIND FOUNDATION, INC.); FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING AGREEMENT WITH SAID AGENCY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.18 ALLOCATE $2,265 GRANT TO THE ASSOCIATION FOR THE USEFUL AGED, INC. RESOLUTION NO. 87-784 A RESOLUTION ALLOCATING $2,265 FROM THE FUND BALANCE OF UNEXPENDED TWELFTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PUBLIC SERVICES TO THE ASSOCIATION FOR THE USEFUL AGED, INC.; FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING AGREEMENT WITH SAID AGENCY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.19 ALLOCATE $20,000 GRANT TO CATHOLIC COMMUNITY SERVICES, INC. RESOLUTION NO. 87-785 A RESOLUTION ALLOCATING $20,000 FROM THE FUND BALANCE OF UNEXPENDED TWELFTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PUBLIC SERVICES TO CATHOLIC COMMUNITY SERVICES, INC. TO OPERATE ITS CENTRO MATER LITTLE HAVANA CHILD CARE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING AGREEMENT WITH SAID AGENCY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.20 ALLOCATE $32,178 GRANT TO MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. RESOLUTION NO. 87-786 A RESOLUTION ALLOCATING $32,178 FROM THE FUND BALANCE OF UNEXPENDED TWELFTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PUBLIC SERVICES TO MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. TO OPERATE ITS SENIOR ADULT DAY CARE CENTER AT LEGION PARK; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH SAID AGENCY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 25 September 8, 1987 e v 4.21 ORDER NORTH FLAGLER SANITARY SEWER IMPROVEMENT SR-5500-C BE MADE AND DESIGNATE SPECIAL ASSESSMENTS RESOLUTION NO. 87-787 A RESOLUTION ORDERING NORTH FLAGLER SANITARY SEWER IMPROVEMENT SR-5500-C AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENT SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS NORTH FLAGLER SANITARY SEWER IMPROVEMENT DISTRICT SR 5500-C (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.22 ACCEPT COMPLETED WORK FOR MIAMI SPRINGS GOLF COURSE CART STORAGE AND AUTHORIZE FINAL PAYMENT TO INDEMNITY INSURANCE CO. OF NORTH AMERICA RESOLUTION NO. 87-788 A RESOLUTION RESCINDING RESOLUTION NO. 84-448, DATED APRIL 5, 1984; ACCEPTING THE COMPLETED WORK OF SOUTHERN CONSTRUCTION INTERNATIONAL CORPORATION AND INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, THE SURETY, AT A TOTAL COST OF $56,040.00 FOR MIAMI SPRINGS GOLF COURSE - CART STORAGE FACILITY CIP PROJECT NO. 417007; AND AUTHORIZING A FINAL PAYMENT OF $12,710.40 TO INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, THE SURETY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.23 ACCEPT COMPLETED WORK FOR UPARR-HANDICAPPED ACCESS IMPROVEMENTS AND AUTHORIZE FINAL PAYMENT THEREFOR RESOLUTION NO. 87-789 A RESOLUTION RESCINDING RESOLUTION NO. 84-397, DATED APRIL 5, 1985; ACCEPTING THE COMPLETED WORK OF SOUTHERN CONSTRUCTION INTERNATIONAL CORPORATION AND INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, THE SURETY AT A TOTAL COST OF $35,093.92 FOR UPARR- HANDICAPPED ACCESS IMPROVEMENTS - PACKAGE "D" CIP PROJECT NO. 350040; AND AUTHORIZING A FINAL PAYMENT OF $3,509.39 TO INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, THE SURETY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.24 ACCEPT COMPLETED WORK OF TRI-COUNTY CONSTRUCTION CORP. AND BALBOA INSURANCE CO. FOR HANDICAPPED IMPROVEMENTS AND AUTHORIZE PAYMENT THEREFOR. RESOLUTION NO. 87-790 A RESOLUTION ACCEPTING THE COMPLETED WORK OF TRI- COUNTY CONSTRUCTION CORPORATION AND BALBOA INSURANCE COMPANY, THE SURETY, AT A TOTAL COST OF $21,630.21 FOR UPARR HANDICAPPED ACCESS IMPROVEMENTS - PACKAGE "A" AND $10,416.00 FOR UPARR HANDICAPPED ACCESS IMPROVEMENTS - PACKAGE "B" CIP PROJECT NO. 350040; DEDUCTING $4,424.00 FOR AN UNCOLLECTIBLE CHECK ISSUED BY TRI-COUNTY CONSTRUCTION CORPORATION AS PAYMENT FOR A CITY BUILDING PERMIT; AND AUTHORIZING A FINAL PAYMENT OF $1,370.56 TO BALBOA INSURANCE COMPANY, THE SURETY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 26 September 8, 1987 4.25 ACCEPT COMPLETED WORK OF ALFRED LLOYD & SONS, INC. AND AUTHORIZE FINAL PAYMENT FOR N.W. 19 AVENUE SEWER. RESOLUTION NO. 87-791 A RESOLUTION ACCEPTING THE COMPLETED WORK OF ALFRED LLOYD & SONS, INC. AT A TOTAL COST OF $68,750.98 FOR N.W. 19 AVENUE SANITARY SEWER REPLACEMENT PROJECT C.I.P. PROJECT NO. 351275 AND AUTHORIZING A FINAL PAYMENT OF $2,016.15 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.26 ACCEPT COMPLETED WORK OF M. VILA & ASSOCIATES, INC. AND AUTHORIZE FINAL PAYMENT FOR WYNDWOOD SEWER. RESOLUTION NO. 87-792 A RESOLUTION ACCEPTING THE COMPLETED WORK OF M. VILA & ASSOCIATES, INC. AT A TOTAL COST OF $32,391.20 FOR WYNDWOOD SANITARY SEWER REPLACEMENT PROJECT (2ND BIDDING) C.I.P. PROJECT NO. 351178 AND AUTHORIZING A FINAL PAYMENT OF $3,384.92. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.27 STREET CLOSURE FOR THE BICENTENNIAL OF THE CONSTITUTION CELEBRATION PARADE RESOLUTION NO. 87-793 A RESOLUTION CONCERNING THE BICENTENNIAL OF THE CONSTITUTION CELEBRATION PARADE TO BE CONDUCTED BY METROPOLITAN DADE COUNTY ON SEPTEMBER 17, 1987, PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; CONDITIONED UPON THE 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.) 4.28 STREET CLOSURE FOR 16TH ANNUAL COCONUT GROVE BIKE RACE RESOLUTION NO. 87-794 A RESOLUTION CONCERNING THE 16TH ANNUAL COCONUT GROVE BIKE RACE TO BE CONDUCTED BY THE COCONUT GROVE BICYCLE CLUB, INC. ON OCTOBER 11, 1987, PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; CONDITIONED UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 27 September 8, 1987 !i 4.29 CLOSURE OF CERTAIN DOWNTOWN STREETS FOR OCTOBER 12, 1987 BICYCLE RACE RESOLUTION NO. 87-795 A RESOLUTION CONCERNING A BICYCLE RACE TO BE CONDUCTED BY SOCIEDAD DEPORTIVA ZAS OCTOBER 12, 1987, PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING A ONE -DAY PERMIT TO SELL BEER AND WINE IN CONNECTION WITH SAID EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; CONDITIONED UPON 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.) 4.30 PROVIDE FOR HOLDING ELECTION THE OFFICES OF MAYOR AND TWO COMMISSIONERS RESOLUTION NO. 87-796 A RESOLUTION MAKING PROVISIONS FOR HOLDING A NONPARTISAN PRIMARY ELECTION FOR THE NOMINATION OF CANDIDATES FOR THE OFFICES OF MAYOR AND TWO COMMISSIONERS AND FOR HOLDING A LATER GENERAL MUNICIPAL ELECTION UNLESS ALL OF SAID OFFICES HAVE BEEN FILLED IN THE NONPARTISAN PRIMARY ELECTION; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN SAID NONPARTISAN GENERAL ELECTION; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID NONPARTISAN PRIMARY ELECTION AND SAID GENERAL MUNICIPAL ELECTION; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH NONPARTISAN PRIMARY ELECTION AND SUCH GENERAL MUNICIPAL ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS HEREOF. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) COMMENTS AFTER ROLL CALL: Mr. Carollo: OK, who seconded that motion? Who seconded it? ------------------------------------------------------------------------------ 5. ACCEPT BID OF MAN CON, INC. FOR SOUTHEAST OVERTOWN/PARK WEST SANITARY SEWER REPLACEMENT ------------------------------------------------------------------------------ Mayor Suarez: Item 2. Mr. Dawkins: Item 2. Mr. Manager, have someone explain to me on item 2... Mr. Dawkins: Man -Con - Where is Gilchrist or somebody - anybody? 28 September 8, 1987 . �,<y�%rr� .crra}fir q .,, _... ;.,,�r,.:wmury;•.� Mr. Odio: What question... Mr. Dawkins: All right, Man -Con, Inc. came in at $590,968.00. Mr. Odio: Yes, sir. Mr. Dawkins: That's a little less than $50,000 different from the next almost three bids. Now, this one comes in $50,000 under, the next three bids come at six hundred and forty-one thousand, six hundred and forty-two thousand. What assurance do I have that this guy cannot put in change orders and what have you to recoup $51,000 that it looks like these other two companies bid? Don Cather: Well, I will certainly watch every single change order that has been approved and unless the contract goes over, if the contract goes over, we have to come to you to approve any additions to the contract. Furthermore, Mr. Vila has already agreed in a letter which I have in my file which says that he will hire a black contractor for $126,000 to do the sidewalk work and also has given us every assurance he will try to use local labor in the neighborhood as much as possible. Mr. Dawkins: My only concern, sir, is in the event that we allow this company that we're giving the bid, $60,000 worth of change orders, that makes the job cost more than either of the other two low bidders and we knocked them out of a job. And the job is up to where they bid. Mr. Cather: Any contract, any amounts of money in excess of the bid amount, must be approved by this City Commission. I cannot, by law, give him $60,000 of change orders if the total amount of the contract exceeds - total amount exceeds the amount of the bid. He can only have change orders within the amount of the bid unless you approve it. Mr. Dawkins: What happens if this Commission decides not to approve and that individual decides not to finish the job? Mr. Cather: Then we go to the - if he can't finish the job within the amount of money he bid, then we go against his bonding company. Mr. Plummer: No, that's not... Mr. Cather: If he has a legitimate change order say he runs into a very unusual, unforeseen circumstances which neither no one would know about, then I would come to the Commission and ask for a change order if it was reasonable and if it exceeded the amount of the bid. Otherwise, he would have to do it for the amount he bid the project for. Mr. Plummer: I guess the question that's really being asked is, if the bid - where did it go wrong that all of these change orders became evident, was it before the bid or after the bid. Because if it was before the bid, then this company would have been in the same line with the others and did they bid the change orders automatically or they didn't. That's the question. Mr. Cather: Well, before... Mr. Plummer: In other words, there's $60,000 difference in the bidding, now that the change orders are exactly that same, not exactly, but in that same amount, who screwed up to need the change orders, why did they come about? Mr. Cather: The change orders? There haven't been any change orders on the job since it hasn't been completed yet. Mr. Dawkins: That's what I'm saying, if they do come up, that's my question. What... Mr. Cather: If the amount of change orders during the course of the job exceed - a change order has to be approved by me before it's in effect and if those change orders total up more than the total amount of the bid, then I have to come to you and say, hey, this man wants another 20, 30, 40, 50, 60 thousand dollars of additional work because of changes in conditions on the job and you have to approve it. Mr. Plummer: But there is one on the agenda. 29 September 8, 1987 Mr. Dawkins: Yes, but you don't come to me until after the job is completed. Then you come to me and say, we owe this man X number of dollars because we allowed him to complete work. You don't come to me before, you let him to the work. Mr. Cather: We expedite things in that manner, yes. But I can assure you I will watch this and make sure it doesn't happen. Mr. Dawkins: Move 2 and 4. Mayor Suarez: Item 2 has been moved. Mr. Dawkins: Two and four. Mayor Suarez: Four has already been approved unless you had pulled it before, but I... Mr. Dawkins: I pulled it. OK, no problem. Mayor Suarez: OK, item 2 has been moved. Do we have a second? Mrs. Kennedy: Second. Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-797 A RESOLUTION ACCEPTING THE BID OF MAN CON, INC. IN THE PROPOSED AMOUNT OF $590,968.00, TOTAL BASE BID OF THE PROPOSAL, FOR S.E. OVERTOWN/PARK WEST SANITARY SEWER REPLACEMENT PROJECT B-5533;WITH MONIES THEREFOR ALLOCATED FROM CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, PROJECT NO. 351280 IN THE AMOUNT OF $590,968.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 6. ACCEPT BID OF PALM PETERBILT - GMC TRUCKS, INC. FOR REFURBISHMENT OF AIR TRUCK 1 FOR FIRE DEPARTMENT ------------------------------------------------------------------------------ Mayor Suarez: Item 5. Mr. Dawkins: Item 5, Chief. Where's the Chief? Chief Duke: Right here, sir. Mr. Dawkins: How many rebuilt vehicles do we have now, Chief? 30 September 8, 1987 in Chief Duke: How many rebuilt vehicles do we have in the entire Fire Department, sir? Mr. Dawkins: Yes, please. Chief Duke: Our normal way of doing business in the department is to refurb all of our apparatuses as often as we can or whenever we get the opportunity to. I would say that we're probably - at this point, probably 10 percent of the fleet would be completely refurbished at this point. Mr. Dawkins: How many of the vehicles that you have operating in the Fire Department have been rebuilt? Chief Duke: I can get you that information in a few minutes, sir. I can't off the top of my head. Mr. Dawkins: All right, how old is the oldest rebuilt piece of machinery? Chief Duke: I want to say '72. I'd have to check on that. Mr. Dawkins: All right, OK. In your professional opinion, now, this is just professional, do you think that somewhere along the lines we're going to need some new equipment? Chief Duke: Abso... Mr. Dawkins: We keep rebuilding equipment, Chief, and eventually we're going to have a full fleet of rebuilt vehicles and none of the new state of the art that's coming out. All we're doing is rebuilding and I think, me personally, somewhere along the line, we've got to buy some machinery, Mr. Manager. And quit re... everytime I look, you all coming up here and telling me about rebuild a piece of equipment. You know, I don't mind rebuilding two and buying one. I don't mind rebuilding three and attempting to buy one, but I'm tired of everytime I look up, the Chief is coming in here to rebuild a piece of equipment. And after while, we will not have anything with the new state of the art fire fighting in it. We all have all rebuilt stuff. Mr. Plummer: Well, I think the question that has to be asked in this case is that that particular piece of apparatus was built by us to begin with. We bought a chassis and we built it and the most important question is, to comply with your question, Chief, in your estimation by rebuilding this, will it be as good as a new piece of equipment and second of all, what is the price if you were to replace it? Mr. Dawkins: No, no J.L., that's not my question. My question is, I don't care how good it is, how well it functions. If it functions for the next ten years, in between now and the next ten years a piece of equipment will come out. ,The new state of the art fire fighting equipment that this piece that we rebuilt will not compete with and we will not have it because we continue to rebuild pieces. That's my argument. Mr. Plummer: Well, I still asked the question, Chief, if you spend this money to rebuild this, will it be as good as a new piece of equipment and what is the difference in cost of rebuilding as opposed to a new vehicle of the same... Mr. Dawkins: You're being unfair to the Chief. The Chief has got to cut his budget in order to get his bonus. You're being very unfair in my opinion. Mr. Plummer: Chief, if you feel it's unfair and Miller Dawkins, don't answer it, but I think it's a legitimate question. Chief Duke: The apparatus the way that we bid them out, the way that we follow them through the process, this particular air truck will be as good in this particular case as, you know, as you can get in a first line piece of equipment because we had a real good one to start with. You can't refurb a cheaper type apparatus and get the same quality piece which would be along the same lines that Commissioner Dawkins was talking about. Mr. Plummer: And what would a new one cost? Chief Duke: In excess of two hundred thousand. 31 September 8, 1987 1�3 Mr. Plummer: OK, so you're doing it for a third the cost? Chief Duke: Yes, sir. But... Mayor Suarez: And you're not rebuilding something that is going to be obsolete the moment it is rebuilt which I think is what Commissioner Dawkins is talking about. Chief Duke: No, sir, not on this particular piece of equipment. This is a specialty piece... Mr. Dawkins: I'll tell you what... Chief Duke: We are proposing to purchase some new apparatus towards the end of this year, the bids will be before you shortly. Mr. Dawkins: Mr. Manager, provide me with a list of all the vehicles that the City of Miami Fire Department has rebuilt in the last ten years. The number of new pieces, new state of the art fire equipment that we purchased in the last five years. And the amount of money that we saved quote, unquote, by rebuilding. Chief Duke: Thank you. Mayor Suarez: I'll entertain a motion on item five. Mr. Plummer: So moved or second. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-798 A RESOLUTION ACCEPTING THE BID OF PALM PETERBILT - GMC. TRUCK, INC. FOR THE REFURBISHMENT OF AIR TRUCK 1 FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED COST OF $66,936.38, ALLOCATING FUNDS THEREFOR FROM THE 1981 FIRE BOND ACCOUNT CODE #313219-289401-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 32 September 8, 1987 7. DISCUSSION AND TEMPORARY DEFERRAL OF BID ACCEPTANCE OF HANDGUNS FROM GLOCK, INC. (See label #23) ------------------------------------------------------------------------------ Mayor Suarez: Item 6. Mr. Dawkins: Item 6. Mayor Suarez: Sir, you had asked - once you get ready to make your presentation. Commissioner Dawkins. Mr. Dawkins: He's on 6? Mayor Suarez: Yes. Mrs. Kennedy: Who is the woman -owned firm? Mr. Dawkins: I just need to know one thing, Mr. Manager. On item 6, you got here the low bid is two ninety five, the low response is. But Southern Gun of Opa Locka has two sixty-seven ninety-five. Now why would two ninety-five be lower than two sixty-seven ninety-five? Mr. Carollo: Could it be extra clips? Sergeant Joseph Longueira: Commissioner, their bid was contingent on the department trading in our weapons that we currently have. Mr. Dawkins: Where does that say that in here? Sergeant Longueira: I don't have that particular paperwork. Chief Clarence Dickson: It says it right here. You don't have a copy of the memorandum Commissioner, but I have the copy of the memorandum that gave me the information. I can read it. Mr. Dawkins: No, the only thing I need for you to explain to me; you and the City Attorney. If the State of Florida says you must take the low bid and you got a bid here, you're recommending for $295 and I look on the bid sheet and see where a guy come in at two sixty-seven ninety-five, that's low bid. And I - evidently you had to tell everybody that you were going to give them credit for turning in weapons. Chief Dickson: I would like to explain, Commissioner Dawkins. That low bid was contingent upon the trading in of our old weapons which the Commission directed the department to consider allowing the officers the privilege of buying their old weapons and/or retiring with them. So that took the old weapons out of the bargaining process which mean that this the so called low bidders are not, in fact, low bidders except contingent upon us being able to trade the old weapons and that is what happened in this bid. Mr. Carollo: Well, I guess the question the Commissioner is probably trying to ask is were all the firms aware that they could bid based upon the trade in of weapons? Art Mullins: Commissioners, the bid... Mr. Carollo: Mr. Mullins, it's a pleasure seeing you again, sir. Mr. Mullins: Thank you. The bid asked for a trade in allowance as an option, a City option. Mr. Carollo: So it was asked for in the bid. Mr. Mullins: It was in the bid and it was an option for the City to trade in or not to trade in and we have a letter that we received on August 19th from Southern Gun Distributors which stated that their bid price would be good only if the City traded in 70 percent, a minimum of 70 percent, of the anticipated trade in revolvers. 33 September 8, 1987 Mr. Dawkins: You made this change, sir, after you put the bid out? Mr. Mullins: No, sir. Mr. Carollo: No, that was before, he says. Now... Mr. Mullins: Southern Gun wrote the City a letter after the bids were opened stating that their bid price would be good only if the City traded in 70 percent of its used guns. Mrs. Kennedy: Which one is the woman owned firm? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Mullins: Pardon me? Mrs. Kennedy: Which one is the woman owned firm? Mr. Mullins: The firm of Kennedy & Kennedy, Incorporated. Mayor Suarez: Aha! Mrs. Kennedy: Let the record reflect that there's no relation. Mr. Plummer: That you know of. Mayor Suarez: Not just one, but two Kennedy's, oh. Mr. Plummer: Well, what is the question? Mr. Dawkins: Move 11. I mean move whatever it is. Mayor Suarez: Six, sir. Mr. Plummer: I have a question beyond. How much was the low bid that you're recommending? Mr. Mullins: $269 each. Mr. Plummer: No, how much is the total bid? Mr. Mullins: $322,800.00. Mr. Plummer: OK, thank you. Mayor Suarez: Sir, did you give your name into the record already? Mr. Frederick Cannon: My name is Frederick Cannon. I work for Lawmens and Shooters Supply with their head office in Vero Beach. Mr. Plummer: Have you registered as a lobbyist, sir? Mr. Cannon: I am not registered as a lobbyist. Mr. Plummer: You can't speak, sir. Mayor Suarez: You ought to register even though you're probably a principal. Are you a principal of the company that you're... Mr. Cannon: I'm not a principal, sir. Mayor Suarez: Are you being paid for your appearance here today? Mr. Cannon: Yes, sir. Mayor Suarez: You'd better register as a lobbyist. Mr. Cannon: Where would I do... Mayor Suarez: We'll take you up. i -! Mr. Cannon: Where would I do that, sir? 34 September 8, 1987 Mr. Plummer: Not better. You have to. Mayor Suarez: With the City Clerk. Mr. Cannon: Thank you. Mayor Suarez: OK, tabled for the moment item 6. 8. ACCEPT BID OF AM VARITYPER FOR ELECTRONIC TEXT IMAGE ASSEMBLY SYSTEM Mayor Suarez: Item 7. Who pulled item 7? Is that the... Mr. Plummer: It was someone from the private sector. Mayor Suarez: Give us your name and address and if... Mr. Plummer: What is this thing? Mr. Corry Sandlin: My name is Corry Sandlin, I'm with the Linotype Company. I reside at - my office resides at 5555 Oakbrook Parkway, Norcross, Georgia. We have a local office here in town represented by Ken Maladowitz. The reason I came to your meeting today was that on this particular bid item, we were the lowest bidder by $7,968.10. We meet or exceed the functionality of the bid specifications and we allow adaptability for future growth of the system due to the advanced technology of our system and the open architecture capabilities of it as opposed to the proprietary and the restrictive technology of the awardee. Mayor Suarez: Ron. Mr. Ron Williams: Mr. Mayor, we are not recommending this vendor specifically for their latter purpose because they clearly do not meet the specifications as issued in several areas. We visited with this company, our staff did and allowed them to demonstrate their ability to comply with the specifications and the report is that they were unsuccessful in this effort also. Mayor Suarez: In what sense would you say that this particular company was unable to comply with the specs? Mr. Williams: They - firstly, they listed a variation in their response to the bid themselves but I've got several areas listed here wherein we asked for a laser - no, no, we don't ask for a laser - we asked for a forty type styles. They're not able to provide that. Up to ten - they vary what comes to ten tabs per file - this is technical stuff - they do not provide a photo typesetter, they provide a laser image setter and a couple of other minor areas. Of course, the most significant is in the photo typesetter that we requested. Mr. Sandlin: Would you address that, Ken? Mr. Ken Maladowitz: I'd like to address the photo typesetter issue. My name is Ken Maladowitz. I'm with the Linotype Company and nobody has furnished a photo typesetter in response to this bid. The technologies involved here are CRT vs. laser. Mayor Suarez: Why is that an issue, Ron, if none of the other bidders... Mr. Harry Haynes: Mr. Mayor - I'm sorry, I'm Harry Haynes, Superintendent of Graphics Reproduction in the General Services Department. Mayor Suarez: You're just a little closer to the microphone, Harry, please. Mr. Haynes: OK. We went through linotypes specifications and bid package here and we found they were lacking in about four areas. We called to find out if, like they had a problem in meeting specifications because like their package wasn't quite clear. And they say, like all the information was in their package. After the bids were tabulated and sent in, we got a visit from 35 September 8, 1987 the two gentlemen here and they said like they did, in fact, meet specifications and they could prove it. So myself and members of my staff and the City's graphic illustrator went to the Linotype Company and sat down for them to demonstrate how they met the bid. And they didn't. They couldn't demonstrate it. They couldn't give us output on the image setter that they were proposing when we had asked for a typesetter. They couldn't give us tabulation which is important in our request and like, well, they couldn't give us forty type styles at a time. They said that require like additional diskette, additional software. The items that they did show us was not of the software that they submitted in their bid. Mayor Suarez: The company recommended fulfills all those that you just referred to? Mr. Haynes: Yes, sir, they do. Mayor Suarez: To our satisfaction and in accordance with the spec? Mr. Haynes: Yes, sir, they do. Mr. Maladowitz: In addressing the capabilities, we have a variety of systems available and we do meet the capabilities though they were not available on the system that was demonstrated there. Regarding the forty type styles, it's a specific would not present the problem as bidded. The system, as bidded, would meet specifications. Mr. Haynes: I'm sorry, Mr. Mayor. I have their bid here and according to my tabulations, their bid did not meet specifications. It's in black and white. Now, when we visited this organization, the software that we were supposed to have been seeing, we did not see. We saw an additional software. We have all that information here. Mr. Maladowitz: What we'd like to offer the City of Miami is capabilities that were specified in the bid but also future capabilities in a system such as the one bid. There are certain specifications that are met today but in this environment, the specifications or the needs are rapidly changing and one of the reasons why we're making that - this presentation here is we are actually showing a system that is far superior to the one bid at a lesser cost. Far superior in technology and also far superior in capabilities. Mayor Suarez: How about that argument, Ron? Mr. Dawkins: I move that we accept the Manager's and his staff's recommendation and go with the..... Mayor Suarez: So moved. Mrs. Kennedy: I'll second. Mayor Suarez: Seconded. Just that last point, is there any way in which we could agree or do we agree or disagree that their system is superior even if... Mr. Dawkins: If it had, why they would have presented it to us, Mr. Mayor. Mayor Suarez: Let me just ask Ron what he feels... Mr. Williams: Yes, Mr. Mayor, we have an obligation to review the specifications as submitted. We cannot get into situations where we suppose what their system will do. I'm sure there are several vendors out there will provide information that their system is futuristic and provide additional services. We have to take what is provided by the vendor and do our tabulations from that information. Mayor Suarez: OK. Mrs. Kennedy: We're not experts in this field. We have to follow the administration's recommendation. Mr. Sandlin: May I make one other comment. I understand the process, I've j been calling on governments from ten and a half years and I understand also that these specifications as stated were for a digital typesetter. I do want 36 September 8, 1987 to point out before you have the vote and approve the proposal, that our system is a digital typesetter as well. It's not a photo typesetter, it's a laser typesetter. It's of higher degree of technology than what is going to be bought by the City of Miami. Mayor Suarez: Well, maybe we'll catch up with you in the future, but at this point... Mr. Sandlin: Hope so... Mayor Suarez: ... this Commission seems disposed to go with the recommendation and with the bid as specified. Mr. Sandlin: Thank you. Mayor Suarez: Thank you for your presentation. Call the roll on that motion. Mr. Sandlin: All right. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-799 A RESOLUTION ACCEPTING THE BID OF AM VARITYPER FOR FURNISHING ONE (1) ELECTRONIC TEXT IMAGE ASSEMBLY SYSTEM ON A FIVE (5) YEAR LEASE/PURCHASE AGREEMENT IN THE PROPOSED AMOUNT OF $14,909.00 ANNUALLY FOR A TOTAL AMOUNT OF $74,545.00 ON A CONTRACT BASIS TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/GRAPHIC REPRODUCTION DIVISION, ALLOCATING FUNDS THEREFOR FOR THE FIRST YEAR FROM THE 1987-88 OPERATING BUDGET ACCOUNT CODE #420501-880; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT, SUBJECT TO THE AVAILABILITY OF FUNDS FOR SUCCEEDING FISCAL YEARS. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 9. A- EXTENSION OF CONTRACT WITH MELBRON E. SELF, CRISIS COUNSELOR FOR POLICE DEPARMENT. B- ALLOCATE $90,000 FOR TWO ADDITIONAL CRISIS COUNSELORS FOR POLICE DEPARTMENT, ONE BLACK AND ONE HISPANIC Mayor Suarez: Item 11. Mr. Dawkins: Item 11, I move that item 11 be continued until the 9th, October 9th, 8th. I asked for some information, I have not received it and I'd like for it to be continued until the 9th and they bring me the information I requested. Mayor Suarez: So moved. Mr. Plummer: What? 37 September 8, 1987 Mr. Dawkins: I asked that item 11 be continued until October 8th. I sent a memorandum to the Manager and I asked for some information, I have not received it and I hope that by the 8th I will receive it. Mr. Ken Nelson: Mr. Mayor. Mayor Suarez: Ken. Mr. Nelson: Ken Nelson, president of the F.O.P. This item here has been one that's been on the agenda numerous times and this is probably about the 4th or 5th time. We have people here today that are here to speak on behalf of this issue and I think it's important that this item gets heard once and for all and we just don't keep postponing it until it just goes away by itself. Thank you. Mr. Carollo: I, for one, am ready to vote for it. However, the position that I've made in the past is that if a member of the Commission asks for a deferral, they could get it one time. Now, this has been deferred quite a few times. I'm more than willing to hear whatever statements have to be made and if there is to be a deferral, then I would only go along with it as long as this item comes back at the very next meeting which is the 22nd and then is taken care of at that meeting. Mr. Plummer: Can I offer a suggestion? Mr. Dawkins: No, wait a minute, Mr. Plummer. You know, I get tired of asking for deferments and individuals up here tell me when I must bring it back, see. I know when I want to bring it back and nobody else up here has to take a notice of when they have to bring it back. So, I'm going to do better than that. I am going to withdraw my motion and I'm going to state up front, I will not be voting for this. If you have three votes up here, more power to you. Mr. Carollo: Well... Mr. Odio: Commissioner... Mr. Dawkins: I pull eleven and vote - I vote 11 that 11 be denied. Mayor Suarez: OK, 11 - motion to deny the proposal contained in item 11. I'll second it. Mr. Plummer: Motion made and seconded to deny. Is there any further discussion? Mrs. Kennedy: Under discussion. Mr. Plummer: Under discussion, Commissioner Kennedy. Mrs. Kennedy: Let me say that if there are any problems with this man, I want to hear them. But so far I have heard nothing but good news. He goes out to the officers who are injured, he has helped David Herring's family. He's helped a lot of officers who have had trouble and, you know, I have the old axiom, if it ain't broke, don't fix it. Mr. Dawkins: My only concern, Commissioner Kennedy, is that as I sit here constantly, and I see the City of Miami pull people in positions and then when those people leave, they always pay them $60,000, $70,000 and $80,000 as a consultant. It's never a Cuban or a black who is in that position because they haven't been here that long and I said to the Chief, I said to each of my Commissioners in a memorandum, that if this man, Mr. Self - I'm sorry, I apologize - if the crisis counselor is as important as everyone say he is, than there should be one or two people working with that individual so that in the event that individual drop dead, somebody offers him more money or for any reason, that individual leaves here you've got somebody performing in this important task that everybody claims is so vitally needed in the Police Department. And that's been my argument from day one and that's the only argument I have now, Commissioner Kennedy. Mr. Carollo: Well, about the only sure way they will have a fifty-fifty chance of dropping dead is if he'd run for office this November. 38 September 8, 1987 i • Mr. Plummer: Uh, uh. Mr. Carollo: ... outside of that, I think he'll do fine. But, basically, my position has been that if a Commissioner would like to defer an item, I would go along in deferring it until the following meeting. That has been my position. I'm willing to do that again. Commissioner said that that really wasn't acceptable, that he prefers to vote it down. I also respect that position of any of my colleagues. I believe there was a motion and the Mayor seconded it. Mr. Plummer: The motion on the floor is to deny, made by Commissioner Dawkins, seconded by the Mayor. That is the present motion on the floor. Mr. Carollo: What I would like to do now is open it up for discussion and 1 would like the Miami Police Department personnel that are here to give us their opinion of why they are for it or not. This vote is going to go with the people that work in that department that can understand the situation a lot better than we can from the outside and that is the officers and the administration of the department that deal with this day from day. Mr. Plummer: We've heard from Ken. Do you want to speak again? Mr. Nelson: Yes, I do. Mr. Plummer: Ken Nelson. Mr. Nelson: We all know the City of Miami Police Department has faced numerous problems in the past. One doesn't have to look very much further than the news media or the newspapers to see the officers arrested, the officers indicted. In the last two and a half years, I would say we had around 75 plus officers fall into being problem people to where they've been tried, sentenced, fired, etc., etc. Last year, this Commission through its wisdom, saw to it the need to provide a crisis counselor and they approved it and we had Reverend Self step aboard. In the past year, he's been able to respond to numerous police shootings. He's been able to provide numerous referrals and counseling to sworn members and their families who had problems facing financial crisis, alcohol abuse problems, and on and on. They've also gone ahead and when officers before in the past have been injured and been out for a year, two years or three years, the department has more or less written them off and nobody's gone out and saw them to see how they're doing, he's been going out and paying home visits to these officers, seeing how they're doing, how they can help them come along in their progress and treatment and get them back to work or get them out - off on pensions so they're no longer a responsibility to the City. I think that he's filled the void that we had here on the Police Department. Through his support and his effort, we have been able to bring about significant progress on the needs and concerns of the individual officers and just, alone, if he was able to save one or two of these officers from going astray, he's saved this City, and I can tell you, millions and millions of dollars of potential lawsuits. Nobody has even stopped to think of what's going to happen in the long run with the River situation once these officers are found guilty and the lawsuits are going to pile in a mass against this City. We're probably talking 15, 20, 30 million dollars or more. But nobody has ever thought of it. This is one person who's stepped forward and he's been trying to help out. He's done a helluva good job in - to repeat the words of Commissioner Kennedy, if it ain't broke, we don't need to fix it. Thank you. Mr. Plummer: Commissioner Dawkins. Mr. Dawkins: How many volunteer chaplains does the City of Miami police have? Mr. Nelson: I think we have six or seven, but he's been able through his full time been able to coordinate it. Mr. Dawkins: How many - Mr. Manager, Mr. Manager, how many volunteer chaplains does the City of Miami Police Department have? Chief Clarence Dickson: No, we have eight. Mr. Dawkins: Eight. I 39 September 8, 1987 Chief Dickson: Volunteer chaplains. Mr. Dawkins: Eight. We have eight - OK, we got eight and along with a 24 hour Mr. Self. Chief Dickson: This is not a chaplain we're talking about, Mr. Dawkins. Mr. Plummer: Any further discussion? Any further discussion? Mr. Carollo: I call the question. Mr. Plummer: Call the question has been called. Motion understood. Call the roll. MOTION DEFEATED: On motion by Commissioner Dawkins and seconded by Mayor Suarez, the foregoing motion was defeated by the following vote: AYES: Commissioner Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. ABSENT: None. NOTE: Commissioner Dawkins votes "no" first and later changed his vote to "yes". COMMENTS MADE DURING ROLL CALL: Mr. Carollo: Wait a minute. Mr. Dawkins really wanted to say yes based on his motion not no. Mrs. Kennedy: Wait a second, excuse me... Mr. Plummer: Roll call is in progress. Ms. Hirai: The motion is to deny. Mr. Plummer: Motion is to deny. Mr. Carollo: He made a motion to deny it. Mr. Dawkins: My - yes, I'm voting, thank you Joe. Yes, yes, I want to deny. Yes, I deny, yes, yes, I deny. I vote to deny, yes. Mr. Carollo: I want to make sure we get it right. Mrs. Kennedy: Yes, I - that's what I wanted to say, yes. Mr. Plummer: You vote yes. I Ms. Hirai: Continuing roll call, Mr. Carollo. Mr. Carollo: Yes, I vote - excuse me, now you got me going. I vote no. FOLLOWING COMMENTS MADE AFTER ROLL CALL: Mr. Carollo: Now, I make a motion that we approve item 11. Mayor Suarez: So moved. Mr. Plummer: I'll second it under discussion. Mayor Suarez: Moved and seconded under discussion. Mr. Vice -Mayor. Mr. Plummer: I think Commissioner Dawkins has made a damn fine point and, Chief, I want to tell you something. What I'm going to recommend that this motion be amended that you do, in fact, with the blessings of this Commission, find a counselor that is black and Latin as well as Reverend Self. And you will have three and this Commission will pay for it. If they are doing that 40 September 8, 1987 kind of a job, three can do a better job than one and let's get all three. I can imagine Reverend Self would have a problem in counseling of the Cuban community, OK? Not the officers, but the family. And the black is the same. So I would ask the maker of the motion to amend it to allow the Chief to immediately employ Reverend Self and to look out and try to come back to this Commission and recommend a black and a Latin. I would ask that that be amended. Mr. Carollo: Only if we could include an American Indian. Mr. Dawkins: We've got to actively recruit... Chief Dickson: Can I respond, Mr. Plummer? Mayor Suarez: We have a request of the mover of the motion. Mr. Carollo: I - well, let me say this for the record. I'm voting for this because like I said previously, the people that I feel are in a better position to let us know what they want is the Police Department. If the police administration, if the rank and file have said that this is what they want, I have no problems with that. Now, is we want to allocate additional funds so that the Police Department can use it in this particular area of crisis counseling, I have no problems to allocate the additional funds. Mr. Plummer: That's all my motion - all my amendment says. Mr. Carollo: So I - I so accept the amendment that we approve additional funds for a crisis counselor in the amount then... Mr. Plummer: Not to exceed this amount here. Mr. Carollo: Not to exceed three times $45,200. That's the motion and the Chief can so use it as he sees fit. Mr. Plummer: Exactly. Mrs. Kennedy: Under discussion. I agree with the general principle. The only problem I foresee is in a budget where we're going to be cutting polices aides. You know, to provide for two new positions, when only one really needs to do that job, I don't know if that's the right thing we're doing. Mr. Plummer: Well, you know, I've heard everybody stand up here, Ken knows this individual and say what a tremendous job is being done and the millions of dollars that are being saved by the City. He brings out another good point that we're going to be faced with some humungous problems at the conclusion of whatever these trials are. Now, if you have one and he's done this much good, the potential is there to do that much better that if you had three. And that's all that I'm saying. Mrs. Kennedy: Chief, I... Mr. Carollo: Well... Mr. Plummer: You're talking about under a $100,000. Mr. Carollo: Now, what we're talking about approving - let me go over the motion again as the majority of this Commission would like to hear it. That we approve total of $135,600, that's the exact figure, for crisis counselors for the Police Chief, the police administration to use that money as they see fit. Mr. Plummer: Correct. Mrs. Kennedy: I would just like to hear from the Chief. Mayor Suarez: So moved and seconded. y Mrs. Kennedy: If you think - under discussion, if you think that's necessary. Chief Dickson: Thank you, Commissioner Kennedy. I must be quite honest with the Commission. I appreciate very much the Commission's concern and sensitivity to police officers who have worked very hard to the extent that 41 September 8, 1987 crime has been reduced in this City by 8.9 percent this year. The crisis counselor program was an idea that was borne of the Police Department based on needs. Based on the fact that I was mandated to deal with corruption, to deal with street narcotics at the request of the Commission to place special emphasis as a matter of fact on street narcotic enforcement and to clean up the department of its corruption. The crisis counselor program was one of the single most important programs to me to carry the responsibility that the Commission placed upon me. I saw a need for this program. The program was not born out of any external factors, it was one that was developed by me after being told by this Commission to take immediate actions to deal with corruption and to deal with crime. The crisis counselor is a person who must already be in the department and have, in fact, established a sense of trust on the part of the police officers. They have to trust him. It can't be someone contracted from outside of the department that these police officers don't know. It took about a year of riding midnights, mornings, and afternoons, roll calls, voluntary service on the part of Reverend Self to gain the kind of confidence this needed for people to come to him with their personal problems. Mrs. Kennedy: In other words, to bring an Hispanic or a black just to fill these posts will not necessarily mean that they have gained their confidence. Chief Dickson: That is correct. If we need additional crisis counselors, then we must draw from the chaplains that are already volunteering their services to the Police Department who have already built a trust factor among the police officers; visited the officers during the time of the crisis, their families during the times of death, and these things require time to be built. Mrs. Kennedy: OK, again to answer my... Chief Dickson: We have... we have... Mrs. Kennedy: To answer my question, Chief, if assuming that you find these men within, do we need them? Is that your recommendation? Chief Dickson: At this point in time, the program has not shown a need for any additional crisis counselors. However, however, now that the issue has been brought to focus, I would not be surprised if there would be some people to come forward now and say that there is, in fact, a need for an additional - two additional crisis counselors. I would appreciate the fact that the Commission has already looked forward beyond and prepared and assisted me in being able to respond to that request. I can foresee now that the issue has arisen that there may very well be requests coming from police personnel for additional crisis counselors. If that is what happens, then I would be able to handle that based on the vote that the Commission is considering now, Commissioner. Mr. Carollo: Well, Chief, if you can't use them in the next couple of months, you can send one over here. I get the feeling that we're going to need one here real soon. Chief Dickson: I would be glad to. Mr. Carollo: At least based upon some of the last press conference that I was told about. But thank you for being so frank -ith this Commission. I call the question. Mayor Suarez: Chief, let me ask you a question before we vote on this. Everything you've said argues against the recommendation of funding for Reverend Self. I mean, you're talking about using existing chaplains. You're talking about people who are familiar with the department. So why this particular consultant or counselor being recommended again? I don't - everything you've said indicates to me that you might work better with the existing chaplains on a maybe discretionary fund basis... Chief Dickson: No, Mr. Mayor... Mayor Suarez: ... where you could use them to the extent needed by particular instances or whatever? Chief Dickson: No, Mr. Mayor, I take responsibility for the idea of crisis counseling. It was my idea. 42 September 8, 1987 1* Mayor Suarez: Yes. Mrs. Kennedy: Right. Chief Dickson: And that is not the way I perceived the need for the crisis counselor position. It is a 24 hour position. The Police Chief must have some control over the productivity, the objectives, the philosophical viewpoint must be compatible with that of the Police Chief whose interest is in the same arena as that of the crisis counselor. It is a very sensitive position and cannot be one that changes from one chaplain to another. It is not a chaplain we're talking about here. We're talking about a different set of objectives, a different approach. We're talking about specifically a crisis counselor to act in that capacity. One who can develop training programs for our police officers who can follow the sensitivity priorities in relation to our police officers needs. And is not a... Mayor Suarez: But you're recommending against any additional funding beyond that needed to maintain Reverend Self? Chief Dickson: I missed your question, Mr. Mayor. Mayor Suarez: Are you recommending for or against the additional funding that is being proposed to have more than one counselor? Chief Dickson: If I'm being told that I must hire two additional crisis counselors... Mayor Suarez: Oh, we're no - we're asking for your recommendation. Should we, or should we not? Spending the money - know that we have, of course, there's always other uses for the money within the Police Department or else where in the City. Chief Dickson: There may be a need for additional crisis counselors in the future, Mr. Mayor, but right now, I cannot stand here and say that we need additional crisis counselors. Mayor Suarez: Ken. Mr. Nelson: I'd say no. I've talked to a lot of the policemen, both black, Latin, and white and there's never been any problem with Reverend Self. In particular, we've had one police officer who died of a serious disease and I know that he, through his time in the time period that before this officer expired, was able to pay numerous home visits to her at the hospital and help her through her crisis and help her family afterwards, so there's not a cultural problem here between black, Latin and white. My concern would be is if you get three, who do you have confidence in, who can you trust? When I have a problem, I go see the Chief, I don't go see a black Chief, I go see the Chief. He's our Chief and we support him. I think just to add more people into the water is to spoil the broth. Mr. Dawkins: Mr. Manager, which is correct? Page two - no page one, which says $45,200 or page two which says $65,000; which is the correct amount? Mr. Odio: Forty-five thousand. Mr. Dawkins: Will you have somebody scratch sixty-five on the second page and put forty-five? Mayor Suarez: And Ken, to understand what you're saying, if you're saying that the need is so great for one crisis counselor and the use so great and the effect so obvious, you're still arguing against more than one? Mr. Nelson: As a union official, I should be up here telling you anything that would benefit our membership, go for it. But I've been very frank and honest with each and every member on this Commission and it would be like me trying to sell you some swamp land out in the Everglades and I wouldn't do that. I don't think that there is a need at this time and if we establish a need later on, we can always come back and address the issue. But I think right now, it's important that we do have the one and we do get it approved. Thank you. 43 September 8, 1987 1k I Mrs. Kennedy: Perhaps we can do that. Just start with Reverend Self and then as the need arises, come in front of this Commission and approve the other two. Officer Nelson: I'd be more than willing and I know the Chief would be more than willing to work with any member on this Commission to address the situation and come up with additional proposals for additional people if the need arises. Mr. Carollo: I so... Mayor Suarez: What's the motion on the floor, Commissioner? Mr. Carollo: The motion on the floor and I call the question is that this Commission approves up to $135,600 for the Police Chief, the police administration to spend on crisis counselor as they see fit - as the Police Chief sees fit. Mayor Suarez: So moved. Mr. Plummer: And I seconded it. Mayor Suarez: Seconded. Mr. Plummer: All we're doing is allocating the money, we're not mandating the Chief do it but if he feels the need, the money is there. The possibility always evolves that at the later date you come back and you're told the money isn't there. We're establishing it up front. You don't have to spend it. It's there if it is necessary, you need it, it is allocated. Mrs. Kennedy: I have no problems with that. Mayor Suarez: Any further discussion? Call the roll. The following resolution and motion were introduced by Commissioner Carollo, who moved their adoption: RESOLUTION NO. 86-800 A RESOLUTION AUTHORIZING THE EXTENSION OF THE CRISIS COUNSELOR CONTRACT, AS AMENDED, FOR AN ADDITIONAL ONE (1) YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS AND, ALLOCATING, SUBJECT TO THE AVAILABILITY OF FUNDS, AN AMOUNT NOT TO EXCEED FORTY-FIVE THOUSAND AND TWO HUNDRED DOLLARS ($45,200) FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND TO COVER THE NECESSARY COSTS AND EXPENSES ASSOCIATED WITH SAID EXTENSION; FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH MELBRON E. SELF FOR CONSULTANT SERVICES TO THE POLICE DEPARTMENT AS A CRISIS COUNSELOR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 87-800.1 A MOTION AUTHORIZING THE CITY MANAGER TO ALLOCATE $90,400 TO FUND TWO ADDITIONAL STAFF POSITIONS AS CRISIS COUNSELORS FOR THE DEPARTMENT OF POLICE; FURTHER RECOMMENDING TO THE CHIEF OF POLICE THAT IF HE EVER DECIDED TO FILL SAID POSITIONS, HE SHOULD CONSIDER HIRING ONE BLACK AND ONE HISPANIC. Upon being seconded by Commissioner Plummer, the resolution and motion were passed and adopted by the following vote- 44 September 8, 1987 AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. NOES: Commissioner Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: None. 10. A- DEFER FOR 90 DAYS PROPOSED EXTENSION OF CONTRACT WITH TOXICOLOGY TESTING SERVICES FOR LABORATORY SERVICES B ALLOCATE $15,000 TO TOXICOLOGY TESTING SERVICES FOR LABORATORY SERVICES FOR THE NEXT 90 DAYS Mayor Suarez: Item 18. Mr. Odio: Ken - Mr. Nelson wanted to withdraw this item... Mr. Nelson: I don't want to withdraw it. I want it deferred for a period of 90 days or more. The problem is that we're in contract negotiations at this time. We're also in dispute whether the procedures that we agreed to upon the last contract are actually being complied and it's a matter of an arbitration. I don't think it would be fair - and first of all, I'd like to say that we, we're the leaders among all the organizations in the City to come with a urinanalysis testing program and we support the concept. We just want to make sure that it's a fair and reasonable process that there aren't any violations of the contract and that's why I'd asked to have it deferred for 90 days. Mr. Carollo: I so move. Mr. Plummer: Second. Mrs. Angela Bellamy: Commission... Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-801 A MOTION DEFERRING FOR NINETY (90) DAYS CONSIDERATION OF PROPOSED REQUEST FOR EXTENSION OF EXISTING CONTRACT WITH TOXICOLOGY TESTING SERVICES TO PROVIDE LABORATORY SERVICES TO THE PERSONNEL MANAGEMENT DEPARTMENT FOR A ONE-YEAR PERIOD. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Odio: Mr. Mayor. Mayor Suarez: Mr. Manager. Mr. Odio: Clarification. Before we hire anybody in the City, they must take a drug test and this would preclude us from doing that. What I'd like to do is get some funds just so we can do the pre -employment testing. 45 September 8, 1987 Mr. Dawkins: So move. Mr. Plummer: Well, you're talking about $60,000 would be $5,000 a month. Excuse me? Ms. Angela Bellamy: Commissioner, if we had $30,000 that would cover the pre- employment physicals and any testing for any employees who are suspected. Mr. Plummer: You're showing here for a one year extension, sixty thousand which is five thousand a month. Ms. Bellamy: Right. Mr. Plummer: I move that we allocate $15,000 for the 90-day period that the deferment has come about for. Mr. Odio: Yes, sir. Mr. Dawkins: Second. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-801.1 A RESOLUTION AUTHORIZING THE EXTENSION OF THE EXISTING CONTRACT FOR LABORATORY SERVICES TO TOXICOLOGY TESTING SERVICES APPROVED ORIGINALLY ON RESOLUTION NO. 86-530, BID NO. 85-86-96 TO PROVIDE LABORATORY SERVICES TO THE PERSONNEL MANAGEMENT DEPARTMENT FOR NINETY (90) DAYS AT A TOTAL PROPOSED COST OF $15,000.00 ALLOCATING FUNDS THEREFOR FROM THE 1987-88 OPERATING BUDGETS OF THE USING DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, SUBJECT TO THE AVAILABILITY OF FUNDS. Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ----------------- 11. ACCEPT EXTENSION OF CONTRACT WITH O.C. TANNER CO. FOR FURNISHING EMPLOYEE SERVICE AWARDS Mayor Suarez: Item 20. Mr. Plummer: Who pulled 20? Mr. Dawkins: I pulled 20. How many plaques will be get for $10,000? Ms. Bellamy: Approximately 810. Mr. Dawkins: Eight hundred and ten plaques? 46 September 8, 1987 Ms. Bellamy: Yes. Mr. Dawkins: Move 20. Mrs. Kennedy: 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. 87-802 A RESOLUTION ACCEPTING THE EXTENSION OF THE EXISTING CONTRACT FOR EMPLOYEE SERVICE AWARDS TO O.C. TANNER CO. APPROVED ORIGINALLY ON RESOLUTION NO. 85-591, BID NO. 84-85-13 TO FURNISH EMPLOYEE SERVICE AWARDS TO THE DEPARTMENT OF PERSONNEL MANAGEMENT FOR ONE (1) YEAR RENEWABLE ANNUALLY AT A TOTAL PROPOSED COST OF $10,000.00 ALLOCATING FUNDS THEREFOR FROM THE 1987-88 OPERATING BUDGET INDEX CODE NO. 270101-692; 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 Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 12. CITY TO CONTINUE TO OPERATE MIAMARINA FOR ONE MORE YEAR Mr. Plummer: I pulled 23. Mr. Manager... Mr. Odio: Yes, sir. Mr. Plummer: Speak to me. Mr. Odio: Well, the proposal made by the Rouse Company to the selection committee that you picked was not accepted by the committee as proposed and what we're saying here is that we should give us the authority to negotiate with the Rouse Company to - so that they will meet the recommendations of the selection committee. There is another option, however, that I want to put up front is that the City is running the marina now and we went out on RFP as instructed by the Commission that we could also take one more year of the City running the marina and find out what we can do as compared to what we would get from the private sector running the marina. Mrs. Kennedy: Mr. Manager... Mr. Plummer: What is your recommendation? Mr. Odio: My personal recommendation? Mr. Plummer: Yes. Mr. Odio: Give us a year. 47 September 8, 1987 Mr. Dawkins: Do what? Mrs. Kennedy: Give us a year. Mr. Odio: Let the City run it for a year. Mr. Dawkins: Give it to us. Mr. Odio: Yes, sir. Mrs. Kennedy: How much money has the City made since we opened the marina? Mr. Odio: $75,000 in three months, profit. Mr. Plummer: I so move. Mr. Odio: Thank you. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded and thirded. Any discussion? We're talking about a one year... Mr. Dawkins: Extension. Mayor Suarez: ... extension to the City to operate and come back to us. Mr. Plummer: Let's remember for the record, Mr. Mayor, that the reason that we went out to an RFP was to see if from the private sector we could do better andwe... Mayor Suarez: Well, we were also hoping, I think, to collect back on that initial investment. Mr. Plummer: Exactly. Mayor Suarez: And that was what? One point... Mrs. Kennedy: One point six. Mayor Suarez: Right. Mr. Plummer: No, no, no, no, no, no. It's a helluva lot more than that. It was one six - one six is what we owed Rouse Company and then we got the 3.9 which is the renovations that we did to the place, so there's a lot more to it than just that little... John Gilchrist: It came to 4 million - together it's four. Mayor Suarez: Almost 4 million. That was total, John, or... Mr. Gilchrist: It's almost 4 million, yes, sir. Mayor Suarez: OK. Mr. Plummer: So I still think that at this particular time, what we were r trying to establish was whether or not we could do better on the outside. We've established that that's not the case at the present time, so let's give x them a year to try to continue to go on. s Mayor Suarez: OK. That's the tenor of the motion and a second. Any further r discussion? Call the roll. f. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-803 r A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO x CONTINUE TO OPERATE AND MANAGE MIAMARINA FOR A ONE YEAR PERIOD, ON A TRIAL BASIS. f !! 48 September 8, 1987 (i a Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 13. DISCUSSION AND TEMPORARY DEFERRAL OF PLAT ACCEPTANCE FOR BRICKELL KEY ON CLAUGHTON ISLAND PARCEL "J" (See label #15) Mayor Suarez: Item 37. Mr. Dawkins: OK, I got some problems and I need for the City Attorney or Mr. - somebody to explain to me what we got here. Go ahead. Mr. Plummer: It's just a plat. Mrs. Dougherty: Mr. Dawkins, this is simply a plat approval on Claughton Island. Mr. Dawkins: All right, where is the attorney for this? Why is this necessary? Cliff Schulman, Esq.: Mr. Dawkins, we have a pending sale of a certain portion of the island that requires platting pursuant to the City code and this is a replat that has gone through your normal City procedures and has been recommended by staff. Mr. Dawkins: But is this the same... Mr. Schulman: Excuse me. Mr. Dawkins: ... portion that they hoodwinked me for with the promise of building 200 units of low income housing on that island and since they didn't build them, is this the part of it that they want to put the housing on? Mr. Schulman: No, sir. Mr. Dawkins: What part of it is this? Mr. Schulman: This is right off the existing roadway that exists. It's site G already platted and it's a replat of that site. Mr. Dawkins: It has nothing to do with the housing? Mr. Schulman: No, sir. Mr. Dawkins: Madam City Attorney. Ms. Hirai: ... we need your name on the record. Mr. Schulman: Excuse me, my name is Cliff Schulman. I'm an attorney with offices at 1401 Brickell Avenue, Miami, Florida. Mr. Plummer: Are you a registered lobbyist? Mr. Schulman: I have not registered today, but I will do so before I leave this room. Mr. Dawkins: No, you have to do so before we continue this. 49 September 8, 1987 Mr. Plummer: You got to to it before we take a vote. Mayor Suarez: Well, you certainly shouldn't address the Commission till you've registered. Mr. Schulman: If you wish, I'll defer over here and just register right now. Mayor Suarez: We may take care of the item. Mr. Dawkins: While you do that, I'll - go ahead then, I'll talk to the City Attorney. Mayor Suarez: Table the item 37. 14. DESIGNATE LAND SURVEYING SERVICES FOR CITY PROJECTS; APPOINT CERTIFICATION COMMITTEE. ------------------------------------------------------------------------------ Mayor Suarez: Item 38. Mr. Dawkins: Who pulled 38? Mr. Odio: This is to designate a land surveying services for City projects. The idea here is that everytime we have a surveying process that we must follow, that we have a committee that reviews that. The Public Works Department is insufficiently staffed anyway to accomplish all survey work anyway. And we do need to go outside constantly. Mr. Plummer: Well who is this - who is this guy? Mr. Odio: That the City ordinance requires the establishment of a certification committee of no less than three professionals and appointment by the Manager of a minimum of six members from the following departments and i sectors and it explains why. Mr. Dawkins: Mr. Manager. Mr. Odio: Yes. Mr. Dawkins: Now, I'm going to read from this order. The Public Works Department is insufficiently staffed to accomplish all the survey work necessary to accommodate projects. Then I'm going to read to you, we've been cutting back on staff and we say we're going to provide the same level of service. How much is budgeted to hire these outside people to do this work where we've cut back on staff to provide the same level of services but we going out to hire more services. Mr. Odio: Well, let me explain one more time, Commissioner. We do have staff to do regular work provides regular services. If you had staff - if you added staff for every dollar that we add in salaries, you're going to pay 51 percent fringe benefits. Mr. Dawkins: How much money, how much money, how much money... Mr. Odio: Now, what I'm saying is, by going outside you're saving 51 percent. Mr. Dawkins: How much money have you budgeted to go outside to do this in dollars and cents? Don Cather: Mr. Commissioner, if I may address this for a moment, sir. The general fund is what I believe you are referring to where 8 Y g you say the Manager is going to maintain the present level of services. The funds that we are requesting here to hire outside surveyors is money that is part of the bond fund. We have a certain allowance out of the bond funds in addition to the construction cost to make sure that the project is properly surveyed and then follow that by design and then inspect it. These funds come out of the bond funds and are part of the bond funds used to.... allocated to build the ti project. In other words, we have, say, a $35,000,000 sanitary sewer project. 1 That $35,000,000 includes the cost of design, inspection, and surveys. 1, 50 September 8, 1987 Mr. Dawkins: How much do you have budgeted to do this in the fiscal year '86- 187-'887 Mr. Cather: I am not sure of the exact figure, but I would estimate it at approximately $1,000,000. Mr. Dawkins: $1,000,000. And we could not hire people who are highly unemployed and get this done cheaper than $1,000,0007 Mr. Cather: Well, the question is not what we have budgeted. The question is we can hire surveyors outside in general terms of privatization and not have to pay the same fringe benefits to them that we do for City employees who've become permanent employees, Civil Service employees and we have not had any applications for licensed surveyors in the City. We have one licensed surveyor. Mr. Dawkins: Have you advertised for any licensed surveyors? Mr. Cather: Yes, sir, we have. Mr. Dawkins: OK, bring me - send me those advertisements and if I could see what papers. Mr. Cather: Yes, sir. Mr. Dawkins: OK. I just don't see it. I just... i Mr. Plummer: Well, I guess the question has to be asked based on what you said and what the Manager has said. That if we got $1,000,000 allocated, are you indicating to get the same amount of work done based on fringe benefits it's going to cost a million and a half to do it in-house. Mr. Cather: No, I would say that the surveyors have fringe benefits but they're probably not as high as ours. Mr. Plummer: Well, we know that with pension and all of that, the fringe package is almost 40 percent. Are you saying that to do the same amount of work in-house is going to cost us a $1,000,000 plus the fringe package, whatever it is? i Mr. Cather: No, I'm saying that I have a $1,000,000 allocated for that particular amount of work. I'm saying to you also that if I hire an outside surveyor, he probably has fringe benefit package of maybe - when I was in private industry, my fringe package ran about 31 percent. i Mr. Dawkins: Move it. Mr. Plummer: Yes, I second it because I'm getting more confused. Mayor Suarez: Moved and seconded. Let the record reflect the Vice -Mayor's is going to go on the Manager's recommendation. Mr. Plummer: Don't go that far. Mayor Suarez: Not on his confusion. Any further discussion? Call the roll. 51 September 8, 1987 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-804 A RESOLUTION DESIGNATING THE LAND SURVEYING SERVICES FOR CITY OF MIAMI PROJECTS - 1988 AS A CATEGORY "B" PROJECT; APPOINTING A CERTIFICATION COMMITTEE OF NOT LESS THAN THREE (3) QUALIFIED PROFESSIONALS; APPROVING THE CITY MANAGER'S APPOINTMENT OF A COMPETITIVE SELECTION COMMITTEE OF NOT LESS THAN SIX (6) MEMBERS; AND APPOINTING JIM LEUKANECH P.E., A MEMBER OF THE NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS (INSPE), DEPARTMENT OF PUBLIC WORKS, AS CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE, IN ACCORDANCE WITH ORDINANCE NO. 9572 ADOPTED FEBRUARY 10, 1983, AND THE PROVISIONS OF SECTION 18.52.3 OF THE CITY CODE, WHICH LEGISLATION ESTABLISHED PROCEDURES FOR PROCURING SAID PROFESSIONAL SERVICES, AND ALSO ESTABLISHED COMPETITIVE 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 Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Cather: Thank you. 15. ACCEPT PLAT: BRICKELL KEY ON CLAUGHTON ISLAND PARCEL "J" (See label #13) Mayor Suarez: Do 37, counselor, do you have your registration done? Cliff Schulman, Esq.: Yes, Mr. Mayor, I've registered, I apologize for not registering before I spoke earlier. Mayor Suarez: It's for your protection. You don't have to apologize to us. Mr. Schulman: My name is Cliff Schulman. I'm an attorney with offices at 1401 Brickell Avenue, representing the applicant for plat approval which is your agenda item number 37. Mr. Dawkins: Did they meet all of the requirements, Madam City Attorney? Mrs. Dougherty: Yes, sir, Mr. Commissioner. Mr. Dawkins: So moved. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mayor Suarez: Second. Any discussion? Call the roll on 37. 52 September 8, 1987 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-805 A RESOLUTION ACCEPTING THE PLAT ENTITLED BRICKELL KEY ON CLAUGHTON ISLAND PARCEL "J", A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE i PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Schulman: Thank you, sir. 16. FORMALIZE APPOINTMENTS TO YOUTH ADVISORY COUNCIL Mayor Suarez: Item 42. Mr. Dawkins: Under 42, Mr. Mayor - I mean, I'm sorry, Mr. Manager, is the Youth Advisory Group being provided with supportive services we promised it. Mr. Odio: Everything that they have asked. We have a staff person working with them full time. We had Warren Butler since he's been very busy with the Sports Authority, I assigned somebody else from my staff to work full time with them. Mr. Plummer: Plus we allocated $2,500 in funds. Mr. Dawkins: OK. Move it. Mrs. Kennedy: Second. Mayor Suarez: Moved, seconded. Any discussion? All the roll. Mr. Plummer: Who are the individuals? Mrs. Kennedy: You have two appointments. Mr. Plummer: I'll bring them to the next meeting. Mr. Dawkins: They're on here. They're on here, J.L. They got two people recommended on here. Mr. Plummer: No. Mrs. Kennedy: No. Mr. Dawkins: Where is it? Mr. Plummer: I'll bring them at the next meeting. 53 September 8, 1987 iM Mr. Dawkins: Oh. Mayor Suarez: Yes, that's one by Carollo and one by you. It doesn't say anything about Plummer. Mr. Dawkins: It doesn't say by you, it says by Carollo. Mr. Plummer: Huh? Mrs. Kennedy: Oh yes, here it is, yes I see it. I thought he had two more. Yes. Mayor Suarez: Call the roll on those appointments. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-806 A RESOLUTION APPOINTING TWO (2) INDIVIDUALS TO THE CITY OF MIAMI YOUTH ADVISORY COUNCIL. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 17. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND "MIAMI/OAS INTERNATIONAL ARTISTS SERIES", AND APPROPRIATE FUNDS FOR SAME Mayor Suarez: Item 44. Mr. Dawkins: Move it. Mr. Plummer: What item? Mayor Suarez: Forty-four. Moved. Mr. Plummer: We're out of the consent agenda? Mayor Suarez: No, yes, right. Mr. Dawkins: We finished with the consent agenda. Mayor Suarez: We just passed it. Mr. Plummer: Who moved it? Second. Mayor Suarez: Call the roll. Any further discussion on 44? I'm sorry, read the ordinance and give the reason for the emergency. Mrs. Dougherty: The ordinance is required on an emergency basis so that the necessary agreements and contracts may be processed in time for the start up of the project scheduled October 15th. Mayor Suarez: Call the roll. 1� 54 September 8, 1987 • i AN ORDINANCE ENTITLED- AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: MIAMI/OAS INTERNATIONAL ARTISTS SERIES APPROPRIATING FOR THE SAME IN THE AMOUNT OF $21,600 FROM A GRANT BY THE ORGANIZATION OF AMERICAN STATES IN AN AMOUNT NOT TO EXCEED $10,800 AND A CASH MATCH OF AN EQUAL AMOUNT $10,800 FROM THE CITY'S CASH MATCH FUND, SPECIAL PROGRAMS AND ACCOUNTS, AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARD AND ENTER INTO THE NECESSARY CONTRACT AND/OR AGREEMENTS CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and Plummer, for adoption as an emergency measure requirement of reading same on two separate days, following vote - AYES: Commissioner Joe Caroilo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. seconded by Commissioner and dispensing with the which was agreed to by the Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Plummer, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10314. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING SECOND ROLL CALL: Mr. Plummer: Wait a minute, what was the emergency? Mayor Suarez: She stated it into the record. Mr. Plummer: Forty-four. Mr. Odio: This ordinance required on a emergency basis so that the necessary agreements and contracts may be processed in time for the start up of this project that's scheduled for October 15, 1987. 55 September 8, 1987 18. AUTHORIZE ACCEPTANCE OF GRANT FROM ORGANIZATION OF AMERICAN STATES TO COVER TRAVEL COSTS OF ARTISTS FOR INTERNATIONAL ARTISTS SERIES Mayor Suarez: Item 45. Mr. Plummer: Move it. Mr. Dawkins: Second. Mayor Suarez: A related item. Mrs. Kennedy: No, related item. Mayor Suarez: Companion item. Moved and seconded. Any discussion? It's a companion item to 44. Call the roll on the resolution, item 45. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-807 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE ORGANIZATION OF AMERICAN STATES GIVING THE CITY EXCLUSIVE PERFORMING RIGHTS OF ITS INTERNATIONAL ARTISTS SERIES AND BESTOWING AN AMOUNT NOT TO EXCEED $10,800 TO COVER DIRECTLY THE COSTS OF TRAVEL PER DIEM AND PARTIAL FEES OF THE ARTISTS FROM SAID WASHINGTON, D.C., PAN AMERICAN HALL CONCERT SERIES THAT WILL TRAVEL TO MIAMI AND PERFORM IN THE CITY OF MIAMI-ORGANIZATION OF AMERICAN STATES INTERNATIONAL ARTISTS SERIES; FURTHER ALLOCATING AN AMOUNT OF $10,800 FROM THE CITY'S CASH MATCH FUND, SPECIAL PROGRAMS AND ACCOUNTS, AS THE CITY'S PORTION AND AUTHORIZING THE CITY MANAGER TO ENTER INTO THE NECESSARY AGREEMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 19. SECOND READING ORDINANCE: MODIFY WIDTH OF N.W. 1 AVENUE BETWEEN N.W. 1 STREET AND N.W. 8 STREET Mayor Suarez: Item 46. Second reading. Mrs. Kennedy: Move it. Mr. Plummer: Move it. Mayor Suarez: Moved, seconded, any discussion? Call the roll on second reading. Read the ordinance. 56 September 8, 1987 AN ORDINANCE - AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS", BY AMENDING SECTION 54-104 ENTITLED "NONSTANDARD STREET WIDTHS", MODIFYING THE WIDTH OF N.W. 1 AVENUE BETWEEN N.W. 1 STREET AND N.W. 8 STREET; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July, 9th, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Kennedy, 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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10315. 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. ------------------------------------------------------------------------------ NOTE FOR THE RECORD: Item 47 was deferred to the next meeting. --------------------------- ---------- ----------------------------------------- ------------------------------------------------------------------- ----------- 20. ENCOURAGE MANAGER TO REDUCE NUMBER OF PARKING METERS IN CITY BY 2,000, ESPECIALLY CLOSE TO RESIDENTIAL NEIGHBORHOODS i Mayor Suarez: Item 48. I see we have a new face here on behalf of the Off - Street Parking Authority. ! Mr. Odio: This is amending the code by establishing a new monthly rate of $50.00 for parking garage number 5 to become effective October 1st. The i current rate if $40.00 a month. The increase is needed to reduce the deficit of this facility. It should be noted that even with the increase, this facility has the lowest rate of the downtown parking garages. Mr. Carollo: It's got the lowest rate of any. Mr. Odio: Of all the garages. Mr. Carollo: OK, now, it's based upon the ordinance that - let me get closer to the mike. Based upon, Mr. Manager, the ordinance that I moved before this Commission some months ago and that it was approved, they gave you the authority... Mr. Odio: Yes, sir. Mr. Carollo: ... to do many things that you did not have the authority to do before with the Off Street Parking Authority. It is my understanding that we have close to approximately 7,000 meters around the City. Based upon conversations that I had with you, I've asked you and I'm asking you again officially, in fact, if need be, I will introduce it in the form of a resolution, that you work on it with the Off Street Parking Authority, a —i 57 September 8, 1987 reduction in meters in areas where they are not needed in the City of Miami, particularly areas that are close by residential areas. And that we reduce approximately 2,000 meters out of the amounts that we have presently in the City of Miami. Mr. Odio: Commissioner, we - I proceeded under the instructions of the City Commission to do a study of parking meters. The study has been concluded in certain sectors of the City and I will bring back a full report in the first meeting of October and, hopefully, -------, what parking meters should stay and not stay - and not... Mr. Carollo: OK, well, what I'd like to do is to present a resolution - Madam Kennedy, I'm going to present a resolution that I think you'll be interested in now. I'm going to introduce a resolution encouraging the City Manager to try to reduce the present meters in the City of Miami by approximately 2,000. Particularly in the areas that are close to residential areas within the City. Mayor Suarez: On the total figure, just to get the record clarified, what is the total number of parking meters in the City of Miami, Jack? Because I think the Commissioner understated the figure. Mr. Jack Mulvena: I'm sorry. Mayor Suarez: The total number of parking meters in the City is how many? Mr. Mulvena: Well, he's close. At any one time between 7,000 and 8,000 meters on the street with some additional meters. Mr. Carollo: I said approximately that. Mayor Suarez: OK. We have a motion for a resolution calling for the Manager in connection with that review being done to reduce substantially, I think, I think the specific figure is 2,000. Mr. Carollo: Approximately 2,000, all if he..... Mr. Odio: I don't need a resolution, Commissioner, but if you want to, that's OK. Mr. Carollo: I'm going to make a resolution so there could be a record. Mr. Odio: OK. Mayor Suarez: Moved. Mr. Plummer: Well, we've got to second it, but let's be very clear. That's to study; to make sure because there's much more involved in this than just the removing of the meters. Mr. Carollo: Of course there is. Mr. Plummer: The total financial picture of the Off Street Parking Authority. Mr. Carollo: Of course. Mr. Plummer: I would assume, Mr. Manager, before you do anything, you will come back as you indicated to this Commission in October and let us know the full impact of what you're doing. Mr. Odio: Yes, sir, that's what I... Mr. Plummer: Fine. Mrs. Kennedy: And the suggested areas. Mayor Suarez: So moved and seconded. Any further discussion? Mr. Plummer: Is that tied to 48? Mr. Odio: No. Ms. Hirai: No, sir. t 58 September 8, 1987 0 Mayor Suarez: Not directly, but it's the same agency. Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-808 A MOTION OF THE CITY COMMISSION ENCOURAGING THE CITY MANAGER TO TRY TO REDUCE THE NUMBER OF PARKING METERS PRESENTLY INSTALLED IN THE CITY BY APPROXIMATELY 2,000, PARTICULARLY THOSE THAT ARE IN OR ADJACENT TO RESIDENTIAL AREAS; FURTHER REQUESTING THE CITY MANAGER TO STUDY THIS ISSUE AND TO COME BACK IN OCTOBER WITH A RECOMMENDATION AS TO WHAT CAN BE DONE AND THE POTENTIAL IMPACT SAID RECOMMENDATION WOULD HAVE ON THIS CITY. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 21. SECOND READING ORDINANCE: ESTABLISH NEW MONTHLY RATE FOR MUNICIPAL PARKING GARAGE NO. 5 Mr. Carollo: OK now, to... Mayor Suarez: Item 48. Commissioner. Mr. Carollo: To item 48. The current rate if $40.00 a month. The new monthly rate will bring it up to $50.00 a month. Now there is presently a deficit in that building? Mayor Suarez: A what? Mr. Plummer: That's the building that we have a $1,500,000 a year subsidy on. Mr. Carollo: What is the average rates that you have in the downtown parking garages right now? What are the average rates that you have? Mr. Odio: Yes, I'm sorry. Mr. Carollo: What are the average rates that we have in the downtown parking garages right now? Mr. Mulvena: The average rates in the downtown are approximately $70.00 per month. Mr. Carollo: $70.00 a month. So if we raised it from forty to fifty, where will that put us in the spectrum? In the real low end? Mr. Mulvena: At the very low end. As a matter of fact, we estimate that even with that $10 increase, it will generate about $104,000 gross revenues for garage five. Mr. Plummer: Why aren't you raising this to be equitable across the board to seventy? 59 September 8, 1987 Mr. Mulvena: Well, Commissioner Plummer, the market won't bear it given the other resources in that particular vicinity. There is some free parking oji the west side of Interstate 95, some under utilized surface lots underneath the Interstate 95 and there's a very low rate in the county garage which is just adjacent to ours there. Mr. Plummer: Well, all right. Let me put on a record that I had a discussion with Roger Carlton because this is the garage that we talked about using for storage of confiscated and other automobiles. Now, Roger Carlton has indicated rather than the use of this facility, that he would negotiate with the City, it would be you, of course, now, for the three lots underneath the I-95 where he presently has meters and he would take the meters out of there, fix it up for the storage and we could use that area based on a very minimal lease from the Off Street Parking Authority to the City and that the City would derive the benefits of the mostly - of the storage revenues that are produced. Mr. Mulvena: Commissioner, I'm aware of that and we're still pursuing that with the Police Department as well. Mr. Plummer: Well, OK, because if you don't, then I'm going to come back here. If you take storage at $10 a day based on 30 days a month, you're looking at roughly $300 a space rather than $50 a space, a sixth. So, I'm telling you that if, in fact, you don't come forth with that proposal, that's the only reason I'm voting for this, then I'm going to have to do some refiguring on item 48. Mr. Mulvena: Understandable. Mr. Plummer: Because I think that is an uppermost priority. That that thing must proceed. I think it's a good alternative. It has great potential. The need of security is not as great there as it is in the building, as what I'm indicated to. So, you'd better pursue along those lines because, here again, I'm going to tell my Commissioners, a $1,500,000 of subsidy, if we can't eliminate it, let's sell the damn thing and get rid of it. Mr. Mulvena: We're aware of that. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: No, sir, I didn't say that. I'm saying I leave that to the latitude of the Manager because we still might sell building five. Mr. Odio: ... for using for the compound, so... Mr. Plummer: Exactly, exactly. Mayor Suarez: Yes, and in connection with that and the very thorough and analytical memo we received from the authority signed by your predecessor, the last line is the only one that I take issue with where he proposes as, just as a proposal. But even as a possibility, it's troublesome to me that we put parking meters - I believe he's referring to the police station premises for quote, unquote, visitors. You know, I mean, I hope that there is no remote idea of doing that and that just - something that, you know, he had a bad moment there. Because people who go to the Police Department are not visitors and it's certainly in the traditional sense to choose to be there. They could be complainants, witnesses - you know, all kinds of reasons for going to the Police Department and, my God, that's the last thing we need is to have parking meters in the visitors parking lot which could also be called the clients if you really think about it of the Police Department. I mean, I hope that was just sort of - he was just kidding with that. And I'm sending a memo to him to that effect. Mr. Plummer: Mr. Mayor, there was a policy because the poles are still there in which they originally had meters there and through a policy of this Commission, they can't do it because we prohibited it even though we were told that we couldn't prohibit, they had the right to do such, we told them, God help you if you do, so they removed the meters from that parking lot at the opening of the Police Station. And I think the poles are still there getting weatherbeating and there's no reason to go beat another weather. 60 September 8, 1987 Mayor Suarez: Do we have a motion and a second on item 48? Do we? I'll entertain a motion and a second. Mrs. Kennedy: Moved it. Mayor Suarez: Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 35-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ESTABLISHING A NEW MONTHLY RATE AT MUNICIPAL PARKING GARAGE NO. 5; FURTHER PROVIDING AN EFFECTIVE DATE OF OCTOBER 1, 1987 FOR THE HEREIN RATE INCREASES; RATIFYING AND CONFIRMING ALL ACTS OF THE OFF-STREET PARKING BOARD AND ITS DIRECTOR AS TO RATES HERETOFORE CHARGED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 23, 1987, 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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10316. 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. SECOND READING ORDINANCE: CHANGE FEES FOR CITY DAY CARE FACILITIES. Mayor Suarez: Item 49. Mrs. Kennedy: Move it. Mayor Suarez: Moved. Mr. Odio: Mr. Mayor, when you choose to, you can come back to 6. Mr. Plummer: Second it. Mayor Suarez: Seconded. Compromise was hammered out over quite a few Commission sessions. Mr. Plummer: No, I moved it before, that is why I was wondering. Mayor Suarez: Moved and seconded, OK. Do you want to reverse that? Mr. Plummer; Nobody was in a hurry to make the motion prior. Mayor Suarez: OK, moved and seconded. Mr. Plummer: And it was controversial, as you can see by the vote. 61 September 8, 1987 Mayor Suarez: Any further discussion? Please read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 30-26 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "FEE SCHEDULE" FOR THE PURPOSE OF GENERALLY INCREASING THE FEES CHARGED FOR USE OF CITY DAY CARE FACILITIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 23, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Kennedy, 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 Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10317. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Wait, wait a minute. How did Dawkins vote? It's critical. Mr. Hirai: He's not here. We cannot record his vote, sir. He cannot respond. Mayor Suarez: We don't need four -fifths. Mrs. Kennedy: We don't need four -fifths. Second reading. 23. ACCEPT BID OF GLOCK INC. FOR HANDGUNS (See label #7) Mr. Mayor, they are ready for number six. Mayor Suarez: OK, Item 6. Mr. Carollo: Item 6 is the guns. Mayor Suarez: We've kept you all that time just because you hadn't registered? Mr. Frederick Cannon: Yes, sir, I have. I'm appearing... Mayor Suarez: Once again, give us your name, please. Mr. Cannon: Frederick Cannon, appearing on behalf of Lawman's and Shooters Supply, Inc. With reference to the bid number 86-87118, requiring vendors to bid for quantity of 1,200 Glock 79 millimeter pistols. We are the distributor that received one of these bids and in good faith the bid set out quite clearly that they were bidding for the supply, item one, of 1,200 pistols; item two, four percent of total bids for spare parts; and item three, was a trade-in of Smith and Wesson, 38 caliber, model 64, four inch barrel, double action hand guns. This was a package bid. This is nothing new, this is something that comes out regularly. In good faith, we bid this, as a package. We bid the Glock, because we are distributors for Glock. I want to emphasize this, because when it comes to delivery time, we will have the same delivery 62 September 8, 1987 I time as the Glock factory itself, because we are their distributor. As an alternate, we also bid another weapon that we represent and that is the model 92 Beretta, which is now the service pistol of the United States government, for their military. When you examine the bids, you will find that when we take the net picture... now, we are talking about a trade-in of tax exempt, Federal tax exempt guns. In other words, anytime that these guns were sold by anyone at a later date, the Federal government has to get their eleven percent. You just cannot sell them, like that, but we were put in that position, and we were going to do that and we came up with a net figure of $208.59 per gun, with the trade. Glock came up with the same gun. They offered $45 in the trade, we offered $66, with the $224 on the trade. Now, it is very simple there, that we are $15 plus cheaper than the Glock Company. We also bid the Beretta, which was cheaper yet, as an alternate. I am asking that Council consider this and that this question of awarding the bid to the Glock Company be reconsidered, because we are cheaper. Mr. Odio: Mr. Cannon is a distributor of the Glock Company. The Glock Company is represented here, so I think maybe he should explain to us what the relationship is with them and... Mayor Suarez: Go ahead, sir. Mr. Carl Walter: Mr. Mayor, my name is Carl Walter, I am vice-president of Glock Inc. Lawman's Shooters Supply is a distributor for Glock, Inc. and has received an offer from Glock, Inc. to participate in the bidding with the City of Miami. They have received a written quotation to be competitive with us and I am not aware of what their bid was for the City of Miami, but we made appropriations for it. Of course, the Beretta pistol, which was alternate pistol is a fine pistol and selected by the service committee, however, the Glock 17 has not participated in the 1983 pistol test with the United States Army, because it did not exist at that time. The Glock 17 in the meantime, became issue with two NATO countries and also members, so... Mayor Suarez: Get just a little closer to the mike or direct your voice more to the mike, I'm having a hard time. Mr. Walter: So both pistols, the Beretta pistol and the Glock pistol are both NATO weapons. The Glock 17 has not participated in the 1983 pistol test in the United States Army, therefore, it was not even a consideration because it did not exist at that time. This is basically all the statement I have, I worked with the City of Miami, together. Their requirement was a double action pistol. Only the Glock 7 has met those requirements. The industry had more than a year's time to prepare itself for that upcoming bid, and Glock was the selection of the City of Miami. We would like to be of service to this fine City. Thank you, Mr. Mayor. Mr. Cannon: We are not disputing that in any way whatsoever. The only thing we are disputing is the fact that the net bid that we put in was lower... Mayor Suarez: Taken into account the trade-in value that you are offering. Mr. Cannon: The trade-in value which we bid in good faith. We could have bid differently. Had they said, "Oh no, we are going to sell these guns to our own men." You know, that... Mayor Suarez: We gave the two alternatives, did we not? Mr. Odio: Yes, and the key question here is we do not want to turn in 70 percent of our revolvers. We do not want to do that, so.. and that is the problem. If any one of the Commissioners wants a demonstration in shooting the Glock, they are willing to do that here, so tell me what you... Mr. Plummer: That's not the question The question is to the specific amount, (OFF MICROPHONE) that is the whole question. Mr. Odio: The amount is that we are obligated under their bid to return 70 percent of the revolvers and we don't want to do that. In fact, you told us that the officers could buy their own guns, so... Mr. Cannon: My dear, sir, why were we not informed of this prior to the bid? 63 September 8, 1987 0 0 . You had Mr. Odio: It was in the bid package options. You had it either way. i Mr. Cannon: No, I mean, the bid... I... Mayor Suarez: Sir, when we put an option, we can choose to go either way, and you are advised that we can go either way. Mr. Cannon: I have a copy of the bid here, and I can't find any options on this. It's a straight forward, one, two, three, bid. Mr. Odio: Show him. Mr. Cannon: You know, I can't see it. Mr. Art Mullins: The bid sheet, the bid price sheet lists three items. One is for the Glock guns, one is for the four percent total bid for spare parts j and one is for trade-in of the Smith and Wesson and 38 caliber, but there is nothing in the bid that says that we have to take all three items. We asked for..... Mr. Odio: See your price mandates..... i 1 Mr. Mullins:.... the bid price separately, a separate bid price. We did not ask for a total of all three items; therefore we just assume the City has the option. Mr. Plummer: (OFF MICROPHONE) Only, I guess the question is, does it clearly state out that these are options? Mr. Mullins: There is nothing that says that it has to. Mr. Plummer: What? Mr. Mullins: There is nothing in our procedures that says that it has to state that it is an option. The inference has got to be the fact that we didn't ask for a total of all three items on the bid sheet. We could take one, two, three, or none. Mr. Cannon: It is a question of honest, ethical interpretation. Mr. Odio: The key question, Mr. Cannon, we do not want to return 70 percent of our revolvers. We don't want to do that... Mr. Cannon: Well, why did you bid... Mr. Odio: ... and you are telling doesn't say... Mr. Cannon: Why put it in a bid? us that we have to do that. The bid Mr. Plummer: That is because at the time the bids went out, there was a potential that it was going to be done. Subsequent to the bids going out, we then, I, made a motion before this Commission to return the weapons to the officers. Now, all of that aside, let me ask you another question. Without the weapons being returned, are you still better priced than what this group is? Mr. Cannon: On the Beretta, yes. Mr. Plummer: No, sir. On the weapon that we asked for, the Glock. Mr. Cannon: Is the net price better than his? Mr. Plummer: Exactly. Mr. Cannon: Yes. Mr. Odio: Without the trade. Mr. Cannon: Without the trade, no. 64 September 8, 1987 Mr. Plummer: Well, then that answers it, sir. We're looking for the Glock weapon, "X" number of them, with four percent parts, and your bid is not the low bid. It is just that simple. Mrs. Kennedy: Otherwise, we are comparing apples to oranges. Mr. Cannon: Well, I'm really rather distressed to see it looked upon like that, because when you do bid a trade-in, this bid plays a very significant part when you are making a bid. Mr. Plummer: We fully understand that, sir, and it was changed after the bids went out, but it was in fact an option that you could bid either way, with or without the trade-in. Mr. Carollo: I move that we accept the Department's recommendation. Mayor Suarez: So moved. Mr. Plummer: Well, we have no choice. Mrs. Kennedy: We have no choice, I second it. Mayor Suarez: I gather the Commission is ready to act on this? Mr. Warren Barron: May I say something, please? I am Warren Barron, sales manager for Beretta, U.S.A. In respect to Lawman's and Shooters Supply bidding our gun on this particular R.F.P., we have seen that we had come out with $255 per unit, the four percent parts packages free of charge to the Department. Looking at the overall bid specifications on the bidder's list, it says that the specifications and brand names are merely to establish type and quality and any equal thereto would be considered by the City Manager, and I am here looking out for the vested interest of Beretta, U.S.A., where has the gun, according to the bid specification sheets meets all specifications and plus coupled with the fact that on the unit price, we are at $255, which is lower than the Glock itself. - Mayor Suarez: What about that? Chief Dickson: I didn't hear the question, but... Mayor Suarez: What he is saying is the specs indicate you can have an equivalent and he has got an equivalent and that it is lower in value overall, than one being proposed. Chief Dickson: I think, Mr. Mayor, that's a technical question that the Police Department totally disagrees with, based on the specs that we placed here that the responding bidder that we accepted met the specs based on our requirements more completely than it did any other respondent and to speak to the technical issue, I have my firearms training instructor here, Sergeant Plank, who can address whatever other technical aspects of this you would like him to. Sgt. Paul Plank: Thank you, my name is Paul Plank, I am the supervisor for firearms training at the Police Department. Originally back in October, when we made a decision to explore semiautomatic pistols for our officers, I contacted all the major companies in the United States... Mayor Suarez: Are you going to tell us Sergeant, that the pistol that... Sgt. Plank: That the weapon that they have submitted does not meet the specifications... Mayor Suarez: Is not equivalent? Sgt. Plank: It is not. It does not meet the specifications that we have outlined. Mayor Suarez: We have to defer to your judgment on that, so you don't necessarily have to tell us the whole history of the thing. I mean, it is your opinion that it is not equivalent, what else can we do? Sgt. Plank: That's my opinion, yes, sir. 65 September 8, 1987 Mayor Suarez: And that one that we... Mr. Plummer: The one that we have selected does meet the specifications we outlined. Mayor Suarez: And is superior in some way or another. Sgt. Plank: Yes, sir. Mayor Suarez: We have to go with our expert recommendation. I can't imagine... unless any Commissioners have any other questions that we would deviate from their recommendations on some technical points. Any further discussion? We have a motion and a second. Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-809 A RESOLUTION ACCEPTING THE BID OF GLOCK, INC. FOR FURNISHING 1200 GLOCK 17-MM PARABELLUM HANDGUNS TO THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED COST OF $322,800.00, ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 312016- INDEX CODE 299401-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. Mayor Suarez: Item 50. Mr. Ken Nelson: Before you get to item 50, I'd like to say on behalf of all the Police Officers, to you and all the Commission members, we thank you for your support on this issue. It has been a long time coming and I know they're going to be happy once they get out on the street. Thank you. Mayor Suarez: Happy, but not happy-go-lucky with those! 24. ALLOCATE $100,000 FOR RENOVATION OF CHILD DAY CARE FACILITIES. ------------------------------------------------------------------------------ Mayor Suarez: Item 50. Mr. Dawkins: Move it. Mrs. Kennedy: I second, on item 50 I would just... in the renovations I'd like to include the trimming of a tree at the Lemon City site that is breaking the roof in that center. Mr. Dawkins: Under discussion. Mr. Plummer: What item? 66 September 8, 1987 Mr. Dawkins: 50. Under discussion, Mr. Manager, we are going to spend money over at the Lemon City Park facility, right? Mr. Odio: Lemon City, yes, sir. Mr. Dawkins: Now, the Dade County B.I. just had us to close some streets so that they could build a school there, correct? Will you have somebody get with Dr. Stenson, or Dr. Stenson's designee and see how to work out some kind of an agreement where we will provide day care center up to age three at Lemon City and since the School Board now has a program of taking kids in on three years and above, I mean, preschool for the years up to three, and the School Board goes three years on, and we have some kind of an agreement between them, where that we can care for more day care, rather than being bothered with the three year olds, because we can send them to the school. Mr. Odio: Yes, sir. Mr. Dawkins: Do you understand what I am saying, Rosario? Mrs. Kennedy: Yes. Mr. Odio: I understand. Mrs. Kennedy: Yes, I agree. I also would like, Mr. Manager, for Walter Golby, and let me put it on the record again to work very closely with my office. Now, this is a great wish list. Now, I need to know the cost, the schedule, and I have people assigned on a task force, and again, Walter, if you hearing me, or Mr. Manager, make sure that he calls my office and we work together closely on this. Mr. Odio: Yes, Ma'am. Mr. Plummer: We are allocating the money, but in fact, any repairs have to be approved. Has it been moved? Mrs. Kennedy: Miller moved it. Mr. Plummer: Has it been seconded? Mrs. Kennedy: Yes, I did. Mr. Dawkins: I moved, yes. Mayor Suarez: Moved and seconded. Mr. Plummer: Call the roll. Mayor Suarez: Any discussion? Call the roil. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-810 A RESOLUTION ALLOCATING $100,000 CONSISTING OF $50,000 FROM THE GENERAL FUND AND $50,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, FOR THE RENOVATION OF CHILD DAY CARE FACILITIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote- 67 September 8, 1987 0 • AYES: NOES: ABSENT: Commissioner Joe Carolio Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez None. None. 25. FIRST READING ORDINANCE: PROVIDE DISPOSITION OF SURPLUS SUPPLIES, MATERIALS AND EQUIPMENT. ------------------------------------------------------------------------------ Mayor Suarez: Item 51. Mr. Plummer: I want to question 51, Mr. Manager, a policy on surplus supplies.., a policy of this Commission is that they first be offered to Sister City groups and if not wanted, then they go the regular process of the public auction, or other designated. Does this change that policy? Mr. Odio: No, sir. Mr. Plummer: It does not? Mr. Odio: No, sir. Mr. Plummer: OK, fine. Mrs. Kennedy: Mr. Manager, what happened to the used police uniforms that we sent to Haiti? Mr. Odio: Nobody wants them. Mr. Plummer: No, no, they went... Mrs. Kennedy: Yes, but the Haitians didn't want them, I understand. Mr. Odio: They don't want them. Mr. Plummer: Oh, all I know is, that I was asked to check with the Sister City groups and none wanted them, so that is when I gave approval to tell you to proceed. Mrs. Kennedy: They don't want them now. Mr. Odio: No, nobody wants them, you need to tell us. I think we are going to have to end up burning them, or something. Mr. Plummer: So burn them. Mr. Odio: Yes, sir. Mayor Suarez: Do we have a motion and a second on 51? Mr. Plummer: I move 51. Mr. Carollo: Second. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Read the ordinance. 68 September 8, 1987 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 18-51.4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, PROVIDING FOR DISPOSITION BY THE CITY COMMISSION OF SURPLUS SUPPLIES, MATERIAL AND EQUIPMENT AS THE CITY' CONTRIBUTION OR THE CITY'S COMMITMENT IN SUPPORT OF A PARTICULAR PUBLIC PURPOSE WHICH MAY INCLUDE THOSE COMMUNITY CIVIC OR SOCIAL SERVICE PROGRAMS AS MAY BE AUTHORIZED BY THE CITY COMMISSION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Carollo and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 26. FIRST READING ORDINANCE: RELAX TIME RESTRICTIONS ON DISPLAY OF FIREWORKS DISPLAYS. Mayor Suarez: Item 52. Mr. Plummer: What does 52 do? Does it? Mr. Odio: It is to relax the hours. Mrs. Kennedy: Relaxing the... Mr. Odio: We have now, the hours... Mr. Plummer: Up to what time? Mr. Odio: To 11:00 p.m. Mrs. Kennedy: Eleven. Mr. Odio: Because it is not.., you know, sometimes daylight savings time and... Mr. Plummer: Move it. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Plummer: Wait a minute, let me ask this question. Mr. Manager, shouldn't we have some provision in here... you know this all came about, unfortunately, like government with crisis, and then we overreact, and that is why we are altering it now. What happens if somebody starts a firework's display at 11:00 and it is hour long? There is no provisions in here to say that it can't go til midnight, or 1:00 a.m. 69 September 8, 1987 I Mr. Odio: Well, if you want to put it in a time frame where you can start 11:00, but you must finish by... Mr. Plummer: How about if we put it the other way around?... since we are relaxing it, what, by two hours? Mr. Odio: Yes, sir. Mr. Plummer: Let's say that it must conclude by 11:00 p.m. Mr. Odio: OK. Mr. Plummer: Most fireworks displays are ten or fifteen minutes. Mrs. Dougherty: That's what it is. Mr. Plummer: It's conclude by 11:00 p.m.? Mr. Odio: Conclude by 11:00 p.m. Mrs. Dougherty: You can't have it after 11:00 p.m. Mr. Plummer: OK. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 19-184, ENTITLED "MANUFACTURE, SALE, TIME OF DISPLAY AND DISCHARGE OF FIREWORKS", AND SECTION 19-185, ENTITLED "BOND AND RESPONSIBILITY FOR FIREWORKS DISPLAY REQUIRED" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING THE TIME RESTRICTIONS ON THE DISPLAY OF FIREWORKS, EXCEPT ON CERTAIN SPECIFIED DATES AND AMENDING THE DISPLAY BOND REQUIREMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------------------------ 27. DISCUSSION AND TEMPORARY DEFERRAL OF FIREWORKS PERMIT AT BAYSIDE FOR CHANNEL 6 CELEBRATION (See label #29) ------------------------------------------------------------------------------ Mayor Suarez: We have a related request by Rouse Company on a fireworks display, September 16, 1987, having to do with the 20th anniversary of Channel 6, WCIX T.V., and they need an extension of the firework deadline until 11:00 p.m. I'd entertain a motion. Mr. Odio: Well, they don't need it now. Mrs. Kennedy: They don't need it. Mr. Plummer: This is already approved. 70 September 8, 1987 Mayor Suarez: No, this won't even go to second reading before that. Mr. Odio: OK, yes, sir. AT THIS POINT, THIS ITEM WAS MOMENTARILY INTERRUPTED. --------------------------------------- --------------------------------------- 28. DISCUSSION CONCERNING (A) PROPOSED LABOR ORDINANCES PERTAINING TO LABORERS WORKING ON CITY CONTRACTS AND (B) DISCUSSION CONCERNING APPRAISALS FOR GOLDEN ARMS APARTMENTS IN SILVER BLUFF AREA (SEE LABEL 030 AND 062) Mr. Carollo: I want to make sure that we set a time in the afternoon for some of the ordinances related to labor in the City of Miami, and when I mean labor, I am talking about workers out there. There is a series of ordinances that we have... Mr. Odio: Sixty-seven... Mr. Carollo: Sixty-one through sixty-three that I am presenting, and sixty- four that Commissioner Dawkins is presenting. I want to make sure that we have a set time that we are going to handle this in the afternoon, because there are a lot of people that have been waiting for this today. Mayor Suarez: We can handle it at 2:30 p.m. when we come back. Mr. Carollo: 2:30 p.m.? OK, that will be the first item that we handle. Plus, at the last Commission meeting, and I have the minutes before me here, we instructed the Administration to place at 6:00 o'clock on the agenda for discussion, the following: the appraisals for the neighborhood park that we are discussing establishing in the Silver Bluff area and that has not been placed on the agenda so I would like for this Commission to discuss that when some of the neighbors will come at 6:00 p.m. Mayor Suarez: We will so do. Mayor Suarez: OK. Mr. Plummer: Mr. Mayor, could I ask that we come back? AT THIS POINT, THIS ITEM WAS MOMENTARILY DEFERRED. 29. ALLOW FIREWORKS AT BAYSIDE TO CELEBRATE 20TH ANNIVERSARY OF CHANNEL 6. (See label #27) Ms. Hirai: Excuse me, Mr. Mayor, we have not moved or seconded the request for the fireworks. Mayor Suarez: Yes, we need a motion and a second on the fireworks display on the 16th. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. 71 September 8, 1987 The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-811 A RESOLUTION RELAXING THE LIMITATIONS OF THE DISPLAY OF FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC DISPLAYS FOR A CONCERT HELD IN HONOR OF THE TWENTIETH ANNIVERSARY OF CHANNEL 6 - WCIX TV AT THE BAYSIDE MARKET PLACE IN DOWNTOWN MIAMI UNTIL 11:00 P.M. ON SEPTEMBER 16, 1987, SUBJECT TO THE ISSUANCE OF A PERMIT BY THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES; CONDITIONED UPON THE ORGANIZERS INSURING THE CITY AGAINST ANY POTENTIAL LIABILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 30. CONTINUED DISCUSSION CONCERNING (A) PROPOSED ORDINANCES PERTAINING TO LABORERS WORKING CITY CONTRACTS, AND (B) APPRAISALS FOR GOLDEN ARMS APARTMENTS IN SILVER BLUFF AREA (SEE LABELS 428 AND 62) Mr. Plummer: Could I ask that that item with the labor come back at three? I am having some car trouble and I would like to have that little bit of a buffer that we take the item of the unions up at 3:00 p.m. Mr. Carollo: No problem, 3:00 p.m. sharp. Mayor Suarez: You might want to tell whoever was waiting for it, it is at 3:00 p.m. Mr. Odio: Commissioner Carollo, the reason we did not place the item on the agenda on the appraisals is that they are not ready. They are in the hands of the appraisers and they haven't turned in their appraisals. Mr. Carollo: They have not turned them in? Mr. Odio: They have not turned them in, so, we cannot... Mr. Plummer: Wait, wait? We were told, Mr. Manager, at the last Commission meeting that those appraisals would be in within two weeks. Now, that was six weeks ago! Mr. Odio: I have been informed just now that they are not in. Mr. Plummer: And you are telling me that it has gone an additional four weeks and we still don't have them? I mean, I don't think that is keeping good faith with... Mr. Carollo: I will say this to you. I have never seen anything look so bad and stink so high, as this whole thing related with that Golden Arms Apartments. It has been going on for several years now. Mr. Plummer: What is the reason for the delay again on the appraisal? 72 September 8, 1987 Mrs. Dougherty: Commissioner Plummer, at that Commission meeting, I understood that one appraiser was supposed to be in within a couple of weeks, and one at the end of the month. My understanding at this time is that neither one of them are in. Mr. Carollo: Well, let's see the other one that we have then. Mrs. Dougherty: Excuse me? Mr. Carollo: Can we see the one that we have, then? Mrs. Dougherty: Neither one of them are in. Mr. Carollo: Oh, neither one of them is in? Mrs. Dougherty: Neither one. Mr. Plummer: Well, you see, the problem is, this guy is going in there... Mrs. Dougherty: If you don't mind... do what you want to, but I don't think it is a good idea to publish what the appraisals say. Mr. Plummer: OK, you brought that out before, but here is the problem. The gentleman who owns that fully knows what is going on and he supposedly is making all kinds of improvements to jack up the price. Mr. Carollo: Well, not only that... Mrs. Dougherty: That's correct. Mr. Carollo: ... Mr. Plummer, but are you aware that the gentlemen that owns that, that the City has had all these difficulties with for several years, have received approximately $4,500,000 of rehab money for some apartments they recently bought? Mr. Plummer: No, sir, I am not aware of that. Mr. Carollo: For some apartments they recently bought? Mr. Plummer: Excuse me? Mr. Carollo: For some apartments they recently bought. Mr. Plummer: No, sir, I am not aware of that. Mr. Carollo: Well, approximately close to four and one-half, for two firms, for rehab money. Mrs. Dougherty: Somewhere else... Mr. Carollo: Monies that I was under the impression were supposed to be used for the average homeowner, duplex owner, for the small apartment building owner, not to be made a business out of, that a business man comes to this City, buys 15, 20 apartment buildings and goes into business like that. Mr. Plummer: Well, Joe, I am not aware of that. Mr. Carollo: Well... Mr. Plummer: My concern is of the issue before us, and that is that whoever the individual is, I am told, I don't know this for a fact, that they have gone and taken out all kinds of permits to do all kinds of rehabing, so that when the City goes to take that property, that the price is going to be extremely elevated. Mr. Carollo: Well, sure, and if you looked at... Mr. Plummer: And the longer it goes on, the worse it is going to be. Mr. Carollo: ... and if you looked at the Florida corporate records, you are going to find that the individuals all own their different companies for just about any kind of work that needs to be done, separate companies, for just 73 September 8, 1987 f t� about any work that needs to be done in doing rehabs. So, it is all going to be in-house, done by the same people, under different companies. So, you can imagine the surprises you are going to have. Mr. Plummer: All right, the question, I guess is, if these people are coming at 6:00 o'clock, are we going to wind up with egg on our face by telling them we don't have anything to tell them? Mr. Ronald Williams: If I may, Vice -Mayor, give you the status, we absolutely did not... as the City Attorney stated, we do not have the appraisals and we have issued contracts for two appraisals. Both of our appraisers have been diligent in our efforts to gain access to that property so then can finalize their appraisals. We receive a letter from one on Friday who has basically said to us, there is just no way we can get in there. We have scheduled appointments and have not been able to get there. However, we instructed them to proceed with these appraisals and we will have to work out with whatever qualifying we have to do. We are also providing them with the fire inspection report that was done a little while back in order to aid their appraisal efforts. They have advised us that they are going to go ahead with the external appraisers, whether or not they can get inside to do the internal stuff or not and will provide us with those appraisals no later than the first of next week, is what we have been advised, and these two gentlemen are under contract with us now - these two appraisal companies are under contract with us now to complete these appraisals. Mr. Carollo: So, in other words, they are refusing to cooperate so that the appraisals can be finished. Mr. Williams: That is our impression, Commissioner. Mrs. Dougherty: The first time we had to appraise the property for the Unsafe Structures Board, we had to get a court order to permit us in the building. We will do the same thing in this instance if he doesn't negotiate in good faith and we need to get a further clarification, or further appraisals. Once we file the condemnation lawsuit, then we have the right to ask the court to permit us to do that. Mr. Carollo: Now, we have been in and out of court with these people now for several years. Are we presently in court with them on any item? Mrs. Dougherty: There is a matter pending, yes. Mr. Carollo: What is that matter again, if I may ask? Mrs. Dougherty: I believe it is their lawsuit for section 1983 civil rights injunction, trying to get us to issue them a permit. Mr. Carollo: So we are in court with them, but on the other hand, we are giving them $4,500,000 of rehab money. I'll tell you, this is great! I wish I had the contacts and connections they do in this City. AT THIS TIME, THIS ITEM WAS DEFERRED TEMPORARILY. ------------------------------------------------------------------------------ 31. FIRST READING ORDINANCE: ALLOW "T" TYPE TURNING AREA ON EXISTING DEAD-END STREETS (See label #38) ------------------------------------------------------------------------------ Mayor Suarez: Item 53. Mrs. Kennedy: How about emergency vehicles? Are we going to have enough? Mayor Suarez: Are you talking about 53? Mrs. Kennedy: Yes, on that "T" so that a fire truck can back out. Mr. Cather: This matter has been discussed with both the Fire Department and the Police Department, and of course, this is a... Mr. Plummer: Move item 53. 74 September 8, 1987 Mrs. Kennedy: But, let him answer my question. Oh, I am sorry. Mr. Cather: This is a permission type of an ordinance. If the supervisor of plats and the street and plat committee recommend it, then we can do it. As of now, the way the ordinance stands now, we cannot under any circumstances, permit anything but a cul-de-sac. We will be substituting a "T" intersection, where vehicles can turn around, including very necessary garbage trucks. In certain cases, the provision, as it now exists in the ordinance, and the cul-de-sac makes some of the lots at the end unbuildable, and that is the reason why in certain cases we want to have the permission... a permissive type ordinance to permit the supervisor of plats and the Street and Plat Committee to approve this if they so desire. It is not mandatory. Mrs. Kennedy: Second 53. Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Carollo: What I would like to amend that to that not only do we make the "T," but that once we make the "T," we landscape thoroughly, those dead ends in the streets so they can at least look better around the City, in all the dead end areas that you have. Can that be amended to include that? Mr. Plummer: Where possible. Mr. Carollo: Well, of course. But, in most cases you can certainly do it. Mr. Plummer: I accept the amendment. Mayor Suarez: So amended. Movant accepts. Second accept? Mrs. Kennedy: Yes. Mayor Suarez: Second accepts. Call the roll as amended. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 54.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED, "SUBDIVISION REGULATIONS" BY AMENDING SECTION 54.5-12 ENTITLED "DESIGN STANDARDS," TO ALLOW A "T" TYPE TURNING AREA ON EXISTING DEAD-END STREETS IF RECOMMENDED BY THE SUPERVISOR OF PLATS AND APPROVED BY THE PLAT AND STREET COMMITTEE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and passed on its first reading by title by the following vote - AYES; Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 75 September 8, 1987 32. FIRST READING ORDINANCE: REVISE FEES OF GOLF COURSES. ------------------------------------------------------------------------------ Mayor Suarez: Item 54. Mr. Plummer: Move it. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SUBSECTIONS (A)(2) AND (B)(1) AND (2) OF SECTION 30-53, ENTITLED "GREEN FEES", AND SUBSECTIONS (A)(1)(A), (B) AND (C) OF SECTION 30-54, ENTITLED "CART FEES", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REVISING THE FEE SCHEDULES FOR CITY OF MIAMI GOLF COURSES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: ITEM 56 WAS BRIEFLY DISCUSSED AND WITHDRAWN. COMMISSION REQUESTS ADMINISTRATION TO DEMAND THE COUNTY TO COMPENSATE THE CITY FOR USE OF CITY OWNED BAY BOTTOM LAND ADJACENT TO CHOPIN PLAZA FOR A HELISTOP 33. DEFER CONSIDERATION OF PROPOSED AUTHORIZATION FOR DOWNTOWN DEVELOPMENT AUTHORITY TO EXPEND FUNDS FROM THE CAPITAL RESERVE LINE ITEM. ------------------------------------------------------------------------------ Mayor Suarez: Agenda item 57. Mr. Dawkins: Hold it! Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: You defer it. I keep telling Mr. McKenszie to hire some Black people and he just refuses to hire them. Continue this until the 22nd and let me see if he can find one. Mr. Carollo: You ought to talk to the chairman of the D.D.A. Mayor Suarez: Move to defer. 76 September 8, 1987 Mr. Carollo: Who is he nowdays, by the way? Mayor Suarez: I second the motion. Peter? Mr. Peter Andolina: Mr. Kenzie was here all morning. He just had to leave for a meeting. He said he would be back this afternoon, if you could take this item this afternoon, he would be here to answer any questions that you might have. Mayor Suarez: It sounds like it is going to be deferred, I don't... Mr. Dawkins: I move that it be deferred and Mr. Kenzie got from now until the 22nd to talk to me and show me... Mr. Carollo: Well, you know, come on, Miller, let's be fair about it. You know, you pick on the executive director, but he gets his marching orders from the board. Mr. Dawkins: All right... Mr. Carollo: Now, you ought to direct your question to the chairman. Mr. Dawkins: OK. No, no, I defer this until I can meet with the board of directors and find out why they do not have any Blacks, Latins, American Indians, employed and then we bring it back when I can see their announcements, their applications they have received, and how they evaluated them. And after I have seen that, then we can put it on the agenda. Mayor Suarez: So moved. Mr. Dawkins: Is that fair now? Mr. Carollo: That's fair enough. Mayor Suarez: Do we have a second? Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 87-812 A MOTION DEFERRING TO THE MEETING OF SEPTEMBER 22, 1987 A REQUEST FROM THE DOWNTOWN DEVELOPMENT AUTHORITY (D.D.A.) FOR AUTHORIZATION TO EXPEND FUNDS FROM THE CAPITAL EXPENSE LINE ITEM FOR CERTAIN PROJECTS, IN ORDER THAT A MEMBER OF THE CITY COMMISSION MAY MEET WITH THE D.D.A. BOARD OF DIRECTORS TO REVIEW THEIR JOB ANNOUNCEMENTS, JOB APPLICATIONS RECEIVED, AND EVALUATE PROCEDURES USED BY THEM AS THEY RELATE TO THE CITY'S AFFIRMATIVE ACTION GOALS AND OBJECTIVES. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 77 September 8, 1987 ------------------------------------------------------------------------------ 34. AUTHORIZE REQUEST FOR PROPOSALS FOR SALE OF WATSON $UILDING. ------------------------------------------------------------------------------ Mayor Suarez: item 58. Mr. Plummer: OK, on 58, I've not seen the proposal. Mr. Carollo: Wait, are we selling Watson Island again? Mr. Plummer: No, it just a building instead of the island. Mr. Carollo: Oh, OK. Mr. Odio: No, this is... I need the permission to go out for proposals on the sale of the Watson building. Mr. Plummer: Listen, I haven't seen the proposal. Mr. Odio: No, we... Mr. Plummer: OK, let's remember exactly what we are trying to accomplish here and it better be upper most in the mind of the writer of the proposal. We are trying to sell that to the Federal government. Mr. Odio: No, they will not buy it. They have turned it down. Mr. Plummer: Well now, nobody ever made me aware of that! Mr. Odio: Well, I wish they had. They were not interested. You instructed us to negotiate a swap... a swap. Mr. Plummer: That's exactly what I was saying, when I said, sell. Mr. Odio: Now we are asking you, since they don't want it... Mr. Plummer: What we are trying to say in the bottom line was, that this parcel across the street from Virrick gym is what we are interested in, and we can use the Watson Island... excuse me, the Watson building... I'd like to give them Watson Island in swap! We can give them the Watson building in negotiated terms for this parcel which they are going to declare surplus. That is the only thing I am interested in. Mr. Odio: OK, now we are asking you, the Federal government doesn't want it, do you want to sell the Watson building? Mr. Dawkins: If we sell the Watson building, we must get enough to apply towards the purchase of the property J.L. is talking about. Mr. Plummer: Exactly. Mr. Odio: Well, we can only get, from the appraisals that we got from the real estate, the property was appraised between $815,000, to $1,250,000. Mrs. Kennedy: Wait a second. Are you talking about the Naval Training Center? Mr. Plummer: Yes. Mrs. Kennedy: OK. Mr. Plummer: Yes. Mr. Odio: So, I don't know... Mr. Plummer: Well, let's go out with the proposals and see if there is an interest in the private sector. UNIDENTIFIED SPEAKER: That's what we are trying to do, Vice -Mayor. 78 September 8, 1987 Mr. Plummer: I move item 58. Mrs. Kennedy: Yes, I second. Mayor Suarez: Moved and seconded... Mr. Plummer: I move it. Let's see if the private sector might want it more than we think. Mayor Suarez: ...authorizing the issuance of an R.F.P. Any further discussion? Call the roll on 58. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-813 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR BUILDING LOCATED AT 65 SW FIRST STREET, MIAMI, FLORIDA, SAID AUTHORIZATION BEING CONTINGENT UPON COMPLIANCE WITH APPLICABLE LEGAL REQUIREMENTS. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 35. APPROVE FENCING ON TEMPORARY BASIS FOR POPE'S VISIT. ------------------------------------------------------------------------------ Mayor Suarez: Item 59. Mr. Plummer: Move it. Mayor Suarez: Moved. Mrs. Kennedy: Second. This included in the $400,000 expenses? Mayor Suarez: Seconded. Any discussion? Call the roll. 79 September 8, 1987 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-814 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSON, THE ACTION OF THE CITY MANAGER IN FINDING THAT THE FURNISHING, ERECTION AND DISMANTLING OF APPROXIMATELY 7,826 FEET OF FENCE ON A RENTAL BASIS TO BE AN EMERGENCY, WITH FUNDS THEREFOR ALLOCATED FROM THE PAPAL INDEX CODE ACCOUNT NO. 921068-610; FURTHER AUTHORIZING THE ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR SUCH SERVICES TO MURRAY FENCE COMPANY FOR THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED AMOUNT OF $12,585.00. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: At this point, the Commission announced that items 61-64 would be heard at 3:00 p.m. ------- ------------------------------ ----------------------------------------- 36. INCREASE CONTRACT WITH RIC-MAN INTERNATIONAL INC. FOR SEWER REPLACEMENT PROJECT. ------- ---------------------------------------------------------------------- Mayor Suarez: Item 65. Mr. Plummer: See, this is what I think Dawkins was talking about before. Here is an increase in a contract which we don't know anything about, the work has already been authorized and now we are being asked to ratify it! Mr. Cather: Correct, sir. Mr. Plummer: Well, no, no, not correct, sir! Mr. Odio: This entire project is..... Mr. Plummer: You are boxing this Commission in where we might have said to you, sir, we don't want an increase in contract. Mr. Odio: Commissioner, this is totally reimbursable by Miami -Dade Water and Sewer Authority. Mr. Plummer: Is this item 65? Mr. Odio: Yes, sir. Mr. Cather: Yes, sir. Mr. Plummer: Is it not an increase in the contract? 80 September 8, 1987 Mr. Cather: Yes, sir. Mr. Odio: But it will be refunded to us by the Miami -Dade Water and Sewer Authority. Mr. Plummer: They are going to give us more money? Mr. Odio: Yes. Mr. Dawkins: Beg pardon? This doesn't say that. Mr. Odio: The entire project will be reimbursed by the Miami Dade Water and Sewer Authority. Mr. Dawkins: Where does that say that? Mr. Odio: In the packages it isn't very clear. Let me see... Mrs. Kennedy: Has the contractor had it... Mr. Cather: Paragraph one, the last line of the paragraph. "This project is reimbursable by Miami Dade Water and Sewer Authority Department," who requested us to spend the additional funds for the ductile iron pipe, because the sanitary sewer was placed... they put in a water pipe after our plans and specifications were completed. I am reading on page two of the memorandum dated August 31th... Mr. Dawkins: Of the memorandum, well let me find the memorandum. I don't have the memorandum. Mr. Cather: It starts out with the recommendation background. Mr. Dawkins: Ok. Mr. Odio: Your book Commissioner, item 65. You are looking at 62, it is 65. Mr. Plummer: I don't see where it says they are giving us the money back. Mr. Dawkins: That's what I am looking for, OK? Now, where, now? Mr. Plummer: What 1 am seeing is an increased cost in the contract. Mr. Manager. Mr. Odio: Yes. Mr. Dawkins: It says this project is reimbursable. It didn't say they will reimburse us. Mr. Plummer: I am reading here that it is an increase in the contract, not money we are getting back. Where does it say that? Mrs. Kennedy: OK, page three, last sentence. Mr. Odio: Unforeseen underground conflicts and exchanging pipes, plus other additional work has caused an increase in the contract amount by $22,601.48. This project is reimbursable by Miami -Dade Water and Sewer Authority Department. Mr. Plummer: I was worried. Mr. Dawkins: If they give us the money, that is all I am concerned. Mrs. Kennedy: Move it. Mr. Dawkins: No further discussion. Mayor Suarez: Call the roll on 65. We have a motion? Ms. Hirai: Yes, I need a second, Mr. Mayor. Mr. Dawkins: Second. 81 September 8, 1987 Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-815 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT AMOUNT OF $22,601.48 IN THE CONTRACT BETWEEN RIC-MAN INTERNATIONAL, INC. DATED FEBRUARY 19, 1986 FOR THE CONSTRUCTION OF CITY WIDE SANITARY SEWER REPLACEMENT PROJECT - DOWNTOWN PHASE II CIP PROJECT NO. 351178, SAID FUNDS TO BE PROVIDED FROM SANITARY SEWER GENERAL OBLIGATION BOND FUNDS ALREADY ALLOCATED TO THE PROJECT; FURTHER RATIFYING THE CITY MANAGER'S WRITTEN FINDING THAT THE HEREIN INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE MEMBERS OF THE CITY COMMISSION, AND ADOPTING THE FINDINGS AND CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS RESOLUTION; FURTHER ACCEPTING THE COMPLETED WORK OF RIC-MAN INTERNATIONAL, INC. AT A TOTAL COST OF $1,118,161.48; AND AUTHORIZING A FINAL PAYMENT OF $80,547.86. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 37. CONFIRM ASSESSMENT ROLL FOR GRAND AVENUE SIDEWALK IMPROVEMENTS. Mayor Suarez: Item 66, confirming assessment roll. Mr. Dawkins: Anybody here to speak against 66? Mayor Suarez: Is there anyone wishing to be heard on item 66? Let the record reflect no one stepped forward. Mr. Dawkins: Move it. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Call the roll. Mr. Plummer: What is this on? Mayor Suarez: Item 66. Mr. Plummer: OK. Mayor Suarez: Special assessment... Mr. Plummer: Yes. 82 September 8, 1987 s Mr. Dawkins: This is where Mrs. Ambruster came down here, beating up on you because you put sidewalks in. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-816 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF GRAND AVENUE SIDEWALK IMPROVEMENT IN GRAND AVENUE SIDEWALK IMPROVEMENT DISTRICT H-4483 AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: At this point, no one appeared on item 67. ----------------------------------------------------------------------------------------------------------------------------------------------------------- - 38. CONTINUED DISCUSSION CONCERNING T-TURNS ON DEAD END STREETS (See label #31) ------------------------------------------------------------------------------ Mr. Dawkins: Did we ever do that one about putting the "T" at the end of the street? Mr. Plummer: Yes. Mr. Dawkins: Let me see how that looks. Mayor Suarez: Don, on the item having to do with the... Mr. Dawkins: Instead of a cul-de-sac, putting a "T." Do you have a picture? Mayor Suarez: The "T" cul-de-sac types - the item on the "T's at the end of the street. You wanted to see what the configuration would look like? I wouldn't mind seeing it myself. Do you have any examples, or design or sketches or anything? Mr. Plummer: Is that it for the morning? Mr. Cather: The cul-de-sac is a radius... I forget what the radius is, but... Mr. Dawkins: Well, how would the "T" look? That's what I am trying to figure. Mr. Cather: The "T" would look like you are going down a dead end street. Then there would be a "T" across the end, where you could back in, pull in, back out, and then pull down the street. 83 September 8, 1987 Mr. Plummer: As long as the top of the "T" is adequate, then you can back up garbage trucks and other things that you can't do with a cul-de-sac- truck. Mr. Dawkins: Are we going to put some kind of a fence, or fenders or something there so that trucks will not back on people's property? Mr. Cather: Well, they will all be public property, we can put fences... we usually put a barricade, a steel barricade at the end of the street and we can extend that as far as it is needed to make sure that no one runs over private property. 39. DISCUSSION CONCERNING HEALTHY MEALS BY AMERICAN HEART ASSOCIATION. Mayor Suarez: Did you want to make a statement, or are just going to feed us so we can adjourn? Do you want to step to the mike, somebody tell us what you are planning for us here? Mr. Freedman: I am Mike Freedman, I am the public relations director at the American Heart Association and today we are kicking off Food Festival which is a major nationwide effort to promote better nutrition in America. The slogan of the campaign is "It's high time to lower cholesterol," and effort is aimed at getting Americans to reduce the cholesterol levels. It is one of the major causes of heart disease, the number one killer in America. And today, Cedars Medical Center has prepared a nutritious lunch for you that you will enjoy and it is a good example of the kind of nutrition we need to adopt, we would just urge you to continue... Mr. Plummer: Well, quit talking and feed us! Mr. Freedman: We'll do that. Mayor Suarez: Thank you for your interest and for the effort that you are... Mr. Dawkins: Do you have a chart there showing what foods have cholesterol and which do not? Mr. Freedman: We do have some information available for you that would be... and also, any citizen of Miami can contact the American Heart Association for free individual pieces of detailed nutritional information. Mr. Dawkins: Dawkins, everything you eat is wrong, everything I eat is right. Ms. Cheryl Ross: Good afternoon, my name is Cheryl Ross, I am the clinical dietician at Cedar's Medical Center and on behalf of the American Heart Association, and Cedar's Medical Center, I would like to present to you these meals. If you want to know what it is inside, it is salmon, low cholesterol, it is also with diet Coke, apple, and lettuce and a nice piece of fruit. I hope you enjoy it. Thank you very much. THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON RECESS AT 11:56 A.M. AND RECONVENED AT 2:39 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONER CAROLLO. 84 September 8, 1987 ------------------------------------------------------------------------------ 40. PRESENTATION TO ENZO GALLO, SCULPTOR. Proclamation: Dia de Enzo Gallo: Honoring this renowned sculptor for his many works, especially his recent design and creation of a bronze statue of Christopher Columbus. ----------------------------------------------------------------------------- 41. PRESENTATION TO JACK GORDON CONCERNING HIS EFFORTS FOR BAYSIDE. ------------------------------------------------------------------------------ Mayor Suarez: Commissioner Kennedy. Mrs. Kennedy: We have a resolution for a member of our Dade Delegation who was instrumental in getting the funds to finish Bayfront Park, Senator Jack Gordon, and it reads: "A resolution expressing appreciation to Senator Jack Gordon and the Dade Legislative Delegation for their efforts in support of the City's request for financial assistance for the development of the Bayfront Park Amphitheater, directing the City Clerk to forward copies of the hearing resolution to Senator Gordon and the Dade Legislative Delegation." We thank you, Jack. Mayor Suarez: For this and the other matters that you helped push through the legislature. Would you like to say something, Senator? Sen. Jack Gordon: I'd like to say, first of all, Mr. Mayor, that they still would be happy to have you as one of the witnesses in the lawsuit in this State's lawsuit on the Older Americans Act. Mayor Suarez: I'm ready for you, even if you didn't include me as a co - plaintiff, but... Sen. Gordon: I am going there from here and the other thing is that I think that the City and its project in Bayfront Park is doing that a project that is very meaningful to this whole community and I think that it is very reasonable for the State to contribute and I think that that is a park that is enjoyed not only by Miamians, but is enjoyed by people from all over the County. I am very great personal memories of my children who are now in their thirties, but when they were three and four years old and taking them over on Sundays to the goldfish pond, which I gather now has become a great big fountain and all of that sort of thing, but the point is that that is a community resource and that is a center point for the community and the particular appropriation that I was interested in, is the small amphitheater that is supposedly in the south end of the park, as a place for performing artists, amateur groups. This is not for big concerts and tickets and all that. It will provide a very good place for the expression of a lot of artistic talent that exists in this community and I think that that is something that the Commission is to be commended for, in terms of its giving that kind of encouragement, and I do appreciate the resolution. Thank you. Mayor Suarez: Congratulations to you, Senator. Would you step around the back so we can all get a picture? Mr. Dawkins: Senator Gordon says he knows what a great love I have for Bayfront Park. I'll have no problems with it because he will see me up there, during the next legislature, asking for money for all of the parks within the City, so he will have a chance to be just as generous. 85 September 8, 1987 ------------------- --------- --------------------------------------- ZZZZZZ 42. PRESENTATION TO LUCIA A. DOUGHERTY, CITY ATTORNEY OF THE YEAR. Presented: Award to City Attorney Lucia Dougherty for "Florida Municipal Attorney of the Year," 43. AUTHORIZE CORAL WAY ASSOCIATES LIMITED AND DECORATIVE ARTS PLAZA TO RESTRICT VEHICULAR ACCESS TO S.W. 33 AVENUE FROM S.W. 21 STREET FOR ONE YEAR. Mayor Suarez: Item 68. Mr. Plummer: Mr. Mayor, we put this off, asking if any of the homeowners affected were going to be present at this meeting and whether they had any objection, or if they were in concurrence with this as proposed as item 68, and I see this man rushing forward desperately to grab the microphone. Really what we want to know, are you in concurrence with this? Mr. Charles Hassler: Yes, sir. Mr. Plummer: Is there anybody in opposition? OK. This is item 68. Mayor Suarez: Give us your name and address. Do you represent anyone? Mr. Joseph J. Musial: My name is Joseph J. Musial, I live at 1920 S.W. 33rd Avenue. I have lived there since March of 1950. Certainly I am concerned with what goes on on 33rd Avenue. I am not objecting to the closing temporarily during the construction period, but I don't like the wording of this where it says on a one year trial. What do you mean, after a one year trial, they are going to do it permanently? Mr. Plummer: That's quite possible, sir. Mr. Musial: No, I don't... I object to this, period... permanent closing. I don't mind them closing, and the way it was proposed to most of my neighbors was that they wanted a temporary closing for one year to keep the heavy construction equipment and trucks out of the residential area. Well, that is fine, let them keep them out during the construction period, but why close 33rd Avenue? It is only access we have to the shopping area down along Coral Way without having to go out into the heavy traffic of 32nd Avenue, or Douglas Road, and it was there ever since I have lived in the neighborhood. Why does it have to be closed permanently at this time? I don't mind a temporary closing just during the construction period, this is fine. Mr. Plummer: Sir, that is what we are doing, we are closing it during the one year of the construction. Mr. Musial: Why make it a trial basis? Mr. Plummer: Sir, may I answer you? Mr. Musial: Are you doing it permanently, or is it a trial? Mr. Plummer: I'm trying to answer your question, sir. We said we would try it for a one year period. After that was concluded, we would have... Mr. Musial: Oh, yes, if we get used to doing without it... Mayor Suarez: Sir, the Vice -Mayor is answering, sir. Mr. Plummer: Sir, may I answer your question? Mr. Musial: I can have my say here too. Mayor Suarez: Well, you are not letting him... 86 September 8, 1987 qb Mr. Plummer: Sir, I was quiet while you were speaking, now would you show me the same courtesy? Would you like to speak more? I'll be quiet until you are fiii,a..ed, sir. Mr. Musial: Go ahead. Mr. Plummer: Thank you. This is a trial basis, sir, in which we will have an experiment during this time, to see what is happening and what is good and best for the community. At the end of this year, we will have another hearing before this Commission to see whether or not we wish to abolish it, to continue it, to restrict it, to modify it, or what else. That's why it is on a one year trial to see what happens. There will be another hearing, sir, at the end of that time, where you can come back and whatever is recommended by the professionals, you can either agree with, or disagree with, sir. Mr. Musial: Set up a definite date for the reopening of 33rd Avenue. If they need an extension period at that time to complete their construction, let them ask for it, for an extension, but you were thinking now of closing it permanently, that's what you are thinking. This is no temporary trial basis. Mr. Plummer: Sir, I would appreciate you let me express what I personally am thinking. It was one of the matters that was discussed by the residents at a prior hearing. One of the people, or some of the people, thought to permanently close it. Some did not agree. One, who had a lawsuit against the City didn't want it closed at all, and one of the things, yes, sir, that we were considering at that time was permanently close it. That is not what is before us today. That is not what we are acting upon today. What we are acting upon today is a one-year trial. At the end of that year, there will be another hearing to determine as to what we feel with the professionals and the neighbors, is best for the community. Mr. Musial: The information that is being spread around is to the effect that this is merely to allow and keep the heavy construction equipment and trucks out of the residential area during the construction period. This is what is being passed around, nothing about closing the avenue permanently, on a permanent basis. Mr. Plummer: It might not happen, sir. Mayor Suarez: OK, anyone else? Mr. Plummer: For or against, if you wish to speak. Mr. Charles Hassler: We realize that closing that avenue... Mayor Suarez: Give us your name and if you represent the association. Mr. Hassler: My name is Charles Hassler, I am president of the Coral Gate Homeowners' Association. We realize that closing that avenue is going to be of some inconvenience to the neighborhood, but we feel as though keeping the construction traffic and the parking... we are having a lot of trouble now with parking on our side streets from Alhambra. It just spills over in the community and we are about to ask you to post some signs for us along those streets. We feel this will keep not only the construction traffic out, but also the parking. Miracle Center has cooperated with us fairly well, because there is parking behind the theatre and there is other parking areas. But, I am sure if we don't get that street blocked, there will be spill over parking and problems. Mr. Plummer: And when that Alhambra opens on the other side of Douglas Road, I want to tell you, I don't know how many people those two buildings are going to have in them, but I have got to tell you, there is not adequate parking over there for them. Mr. Hassler: Absolutely. Mayor Suarez: Anyone else, for or against? Ms. Miriam Millar: My name is Miriam Millar, my address is 3400 Coral Way, and I am opposing the closing of this street. As you said, we are one of the people litigating the City of Miami for the closing of the street and the use 87 September 8, 1987 0 0 of our property as offices. We are opposed to closing. If you give us the permits to build our offices there, or if it remains residential and I have a copy of a brief of appeal that I want to put in the record. Mayor Suarez: You can go ahead and give it directly to the Clerk. It is ordered into the record. Mr. Plummer: For the record, this is the party that has a lawsuit pending against the City, based on three parcels of property that she has right inside of that intersection which she is trying to rezone and has been unsuccessful to this date, of doing. Ms. Maria Upthegrove: My name is Maria Upthegrove, I own a house on 3290 S. W. 21 Street, that is one house away from that intersection you are attempting to close, and I am opposed because I am one of the parties in that lawsuit against the City of Miami, but regardless of that, even if my property is still residential after this issue is resolved, that will cut access to Coral Way. As the gentlemen said before, traffic on 32nd Avenue on Douglas Road is just murder. There is no way to take a left there to get, you know, to Coral Way. 33rd Avenue is very convenient. If you want to keep the trucks out, why just not just post signs, "No trucks through," and "only local traffic." You can put a cop there and give them a few tickets, after a while, they won't do it any more. Anyway, as I understand it, the Miracle Center is supposed to have a structure for the exit for their parking, whereas people will not be allowed to take a left there so that they are forced to go out to Coral Way, so I don't see why, you know, you have to close that avenue at all. As the gentlemen said before, that word "trial," closing the street on a trial basis is misleading, because then we have to come back here and fight to keep the street open. If you just say, in the wording, "Let's close the street while the construction is going on," or "Let's post some signs while the construction is going on," fine, but the trial basis doesn't fool anybody, OK? Mr. Plummer: For the record, your trial is for the rezoning, and not for the closing of the street. Ms. Upthegrove: As I understand, the trial is not for rezoning. The property is already zoned transitional. It is for the... it is an appeal against the denial of the City Commission, for our construction permit. We are not trying to rezone the property. Mr. Plummer: A special use permit. It is not over the closing of the street. UNIDENTIFIED SPEAKER: It is on the closing of the street. Mr. J. C. Fernandez: My name is J. C. Fernandez, and I am speaking in favor of the resolution. I live at 1911 S.W. 33 Court. I've lived there for one year now. The traffic in the area is already very, very bad. The people who have spoken against this resolution who are against closing the street are primarily people who have speculated with land in the area, who are in favor of having more business in the area, which is the last thing we need at this point. Between Alhambra and Miracle Center, we are totally filled with traffic, with crime in the area, more and more so every day. We do not need any more traffic. I am in favor of closing it permanently, however at this point, I will go along with the one year trial. Mr. Plummer: Mr. Mayor, I move item 68 as proffered on the agenda. Mayor Suarez: So moved. Mrs. Kennedy: I second. Mayor Suarez: Seconded. Any further discussion? Call the roll on 68. 88 September 8, 1987 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-817 A RESOLUTION AUTHORIZING AND PERMITTING CORAL WAY ASSOCIATES LIMITED AND DECORATIVE ARTS PLAZA INC., DEVELOPERS OF THE PROPOSED MIRACLE CENTER PROJECT, TO RESTRICT VEHICULAR ACCESS TO S.W. 33 AVENUE FROM S.W. 21 STREET FOR A 1-YEAR TRIAL PERIOD BY CONSTRUCTING TEMPORARY BARRICADES ACROSS S.W. 33 AVENUE AT APPROXIMATELY THE EASTERLY EXTENSION OF THE MIRACLE CENTER PROJECT, SUBJECT TO THE PROVISIONS CONTAINED WITHIN THIS RESOLUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 44. DIRECT MANAGER TO PROTECT RESIDENTS AROUND MIRACLE CENTER PROJECT FROM CORAL GABLES SIDE POSSIBLE PROBLEMS. Mr. Plummer: Mr. Mayor, following up on that same item, I'd like to pass a resolution at this time asking the City Manager to investigate what means that you can take to protect these same residents against the onslaught which is obviously going to be coming from the Coral Gables side. I might even envision that they might be coming here asking us to close the Alhambra part of that, which would be difficult, but it is possible. I am asking you in a resolution to come back to this Commission and tell us what you think our chances or our alternatives are to give these people the relief and keep this area residential, and I so move. Mr. Dawkins: Second. Mayor Suarez: Seconded, thirded, any discussion? The momentum is on your side. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-818 A MOTION DIRECTING THE CITY MANAGER TO IMPLEMENT WHATEVER MEANS ARE AVAILABLE TO THIS CITY IN ORDER TO PROTECT THE RESIDENTS AROUND THE MIRACLE CENTER PROJECT AREA (S.W. 33 AVENUE AND 21 STREET) FROM THE ANTICIPATED ONSLAUGHT OF INCONVENIENCES FROM THE CORAL GABLES SIDE OF THIS PROJECT; FURTHER REQUESTING THE CITY MANAGER TO STUDY THIS PROBLEM AND TO COME BACK WITH A RECOMMENDATION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- 89 September 8, 1987 Is AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 45. BRIEF DISCUSSION AND TEMPORARY DEFERRAL CONCERNING NORTH SITE POLICE SUBSTATION (See labels 03 and #47) Mr. Dawkins: Mr. Mayor, I'd like to revisit 95. Mayor Suarez: Item 95? Mr. Dawkins: I understand that someone out there said we got a problem? Mr. Odio: Commissioner, I just heard from John Gilchrist. I don't know what the other problem is, but, all we are doing is negotiating at this moment the contract that we already had and we are not about to give in... it was less than 51 percent minority participation. The answer to that was no. Mr. Dawkins: Where is Joe? Mr. Plummer: He fully understood. Mr. Odio: I know sir, but... Mr. Dawkins: Where is Joe? Mr. Plummer: I asked on the record, Mr. Manager, I asked that gentlemen on the record this morning, can you do the project in the same amount of money with no less of a project, the answer was, yes. I asked also the question was it possible that you would be able to meet the minority requirements, the answer was yes. The only thing up in the air, which maybe might have some misunderstanding, was whether or not he could get his minorities from Liberty City. Mr. Dawkins: Anybody see Joe out there? Mr. Carollo: (OFF MICROPHONE) _ Mr. Dawkins: No, no, not you. No, no, a Black Joe. Mr. Carollo: I was told I got a suntan over the weekend. Mr. Dawkins: That's not enough. Is Rubin Burke out here? Mr. Robert Reese: He is coming right in. Mr. Dawkins: Thank you, Mr. Reese. Go ahead until the next item, I will wait until he gets here. 46. AFFIRMATIVE ACTION ADVISORY BOARD REPORT. ------------------------------------------------------------------------------ Mayor Suarez: Item 69, representatives of our Affirmative Action Board. Mr. Odio: Mr. Mayor, I wanted to remind you that you wanted to go back to item 61. Mr. Plummer: We promised the unions, at 3:00 o'clock. All right. 90 September 8, 1987 Ms. Nora Hernandez Murrell: My name is Nora Hernandez Murrell. I am the cochairman of the City of Miami Affirmative Action Advisory Board. Mr. Mayor and Commissioners, in June we submitted a written document, outlining some of our major accomplishments during 1986-87, rather than go through that item by item, I will just be brief and summarize some of the more important things that the City of Miami Affirmative Action Advisory Board accomplished last year. We offer this report in an effort to communicate the activities and findings of the Advisory Board during 1986 and 187 and offer it in the hopes that the time and energy contributed by the members of the Advisory Board will prove positive, productive and beneficial to all. Early in 1986, the bylaws were amended, redefining our quorum from eight to six. This expedited the activity of the Advisory Board, allowing for facilitating voting and decision making at board meetings. Our major thrust during the first part of the year was the continuation of our probe into the Department of Public Works. The board's concern focused on recruiting, hiring and promoting practices of the Department, and we recommended a more aggressive minority recruitment program, a strong emphasis on in-service training for current employees to be better prepared to qualify for future promotions. A second thrust of the Advisory Board early in the year was an exploration into the 99 system of the Department of Solid Waste; further exploration as to departmental staffing formulas within the City of Miami were recommended. It is possible that the 99 system is being relied upon too heavily and that in fact, the Department is being under staffed in terms of full time toters as a money saving move, and we are exploring that a little further. The latter part of 1986 included an investigation into some allegations by some of the City of Miami firefighters. One of the firefighters recruits asked for a hearing before us. We did hear his request and we did decide in favor of the Fire Department. We did however, have some concerns regarding the Fire College's policies and procedures, related to instruction, evaluations, supervision, and disciplinary action and are in the process of compiling some recommendations to address those issues. Later on in the year, there were a number of allegations brought forth by several minority firefighters. The Advisory Board became very pro -active and visible during that whole series of events. A press conference was held and a written statement was prepared to inform the public and dispel any misinformation that were being communicated broadly. A special hearing was held by this Commission and the board's presence was strong. The Affirmative Action Advisory Board agreed to adopt a more pro -active posture for the coming year, becoming much more visible, and we wanted to closely monitor and follow up recommendations of those departments in which minorities are most seriously under represented, or under utilized, such as Fire Rescue and Inspection Services, Public Works, Parks, Recreation and Public Facilities. In this regard, the Affirmative Action Advisory Board joined other community groups in expressing our concerns regarding allegations of discrimination in the Fire Department, before the national investigative panel that was brought to the City by this Commission. Among our newly defined rolls are to explore, identify, educate, inform, and recommend. We do so with the seriousness of purpose, and a commitment to fairness, objectivity, and professional ethics worthy of the challenge and opportunity with which we have been entrusted, on behalf of the citizens of the City of Miami. Thank you. Mayor Suarez: Thank you for that fine report and for getting that board moving again. 47. NORTH SITE POLICE SUBSTATION FIRST SOURCE LABORERS TO COME FROM LIBERTY CITY, MIAMI, HIALEAH, FT. LAUDERDALE, WEST PALM BEACH.(SEE LABELS #3 AND #45 ) Mr. Dawkins: Item 95, please. Mayor Suarez: 95, Commissioner Dawkins. Mr. Dawkins: Mr. Burke. Mr. Carollo: I think basically what we need to do on this item is do away with the first source hiring, so that they could go ahead and be able to hire 51 percent minority. Mr. Dawkins: Mr. Burke. 91 September 8, 1987 Mr. Rubin Burke: Yes, sir. Mr. Carollo: Is that correct? Mr. Dawkins: The first source agreement which this City passed dictated that the hiring personnel (if I am in error, Madam City Attorney, correct me) had to be hired from in the vicinity of the job, is that correct? That first source agreement said that we had to hire residents around the project, is that wrong or right? Mr. Burke: Commissioner... Mrs. Dougherty: Right, first. Mr. Dawkins: No, no, wait a minute, Mr. Burke, wait a minute! Let me find out legally what we are doing, and then I can find out, OK? Ma'am, Madam City Attorney. Mrs. Dougherty: Yes, first we had to hire within the vicinity. Mr. Dawkins: Residents in the vicinity of the project. Mrs. Dougherty: Correct Mr. Dawkins: So therefore, if we are talking about first source agreement in relationship to the sub -police station, we are talking about 62nd Street in Liberty City. Mrs. Dougherty: First was City of Miami; second, Dade County. Mr. Dawkins: Ma'am, right now though, if we are talking about first source, the first source for the sub -police station would be 62nd Street and the Liberty City area. Mr. Plummer: That is not the way... Mrs. Dougherty: No, City of Miami. Mr. Dawkins: OK, all right, that is first source. All right, I want to amend that now to say that is for the Police Station, the first source agreement will be 62nd Street, Liberty City, than the City of Miami. Is that possible? Mrs. Dougherty: You can do so, if you put it in your contract. Mr. Dawkins: Ma'am? Mrs. Dougherty: If you put it in your contract, yes. Mr. Dawkins: But, how can I put it in a contract which we have already negotiated? Mrs. Dougherty: You haven't finalized the contract. Mr. Gilchrist: Essentially we finalized the contract, we haven't signed it, so we are still coming back to them, and they are prepared to sign it the way it is, but we have not signed it yet. Mr. Dawkins: Sign it the way it is? What way... Mr. Gilchrist: The first source, being Miami, OK? Mr. Dawkins: Well see, I made an error, see, I mean, because that is not what was told to me when we passed the first source agreement, all right? When we passed the first source agreement, it was passed in order to get people working around Park West/Overtown. Wait a minute, no, no, please wait! When we passed the first source agreement, it was passed because we wanted to put people to work in the area around Overtown/Park West, is that right? It didn't say a damn thing about Miami. It said, Overtown/Park West. Now, someone has changed the language to say City of Miami, OK? Mr. Plummer: I don't think Park/Overtown is. First source was... 92 September 8, 1987 Mr. Plummer: City. Mr. Gilchrist: I would think right on the floor here, if they are willing to sign for that, then... Mr. Dawkins: See, they don't have a problem right now! I've got a problem. My problem is that I have legislated something that I didn't know what I was legislating, OK? Mr. Plummer: Well, let's put another point on the table. Mr. Dawkins: Go ahead, J. Mr. Plummer: OK. First source means that if they come back, you know, I guess I am really asking the question, how much teeth is there in a first source? All they have got to do, and I am not speaking to this gentlemen, but anyone involved, if they come back and say that they are not adequate, then they can get off the first source and go to the second, and that's what we have found has been happening. Now, I think we all are in accord that the Liberty City area would like to have the pride that the people of that community not only supported it, but helped build it and were a part of the fruits of the labor. Now, the question is, if you were to say, first source to Liberty City for this substation, how much teeth is there in that thing by saying that? Mr. Dawkins: No way, no way! Mr. Plummer: That's the question. Mr. Dawkins: That's right, I agree. Mr. Plummer: Can we say it? Mr. Burke, you know what we are trying to do. Can you accommodate this Commission? Mr. Burke: Mr. Commissioner, we have no problem with first source, second source, or the third source. Unfortunately for us, at this moment, our attorney is out of town and he had been reviewing the contract documents and I would have to refer it to legal counsel's opinion. Mr. Dawkins: All right, do we have anybody out here whose attorney is in town right now who can sign this contract and get this jail going. Mr. Gilchrist? See, because like I told you all this morning, I want this jail built, OK? And I am not for a whole lot, I mean... Mr. Carollo: Substation. Mr. Dawkins: Substation, or whatever - police station, whatever. I want it built, OK? Now, if you are telling me that I've got to wait until your attorney gets in here Monday, Tuesday, Wednesday, Thursday, or Friday, no, I am not waiting! Mr. Burke: No, Commissioner, I am not telling you that. I am just saying we have no problem with the first, second, or third source. Mr. Dawkins: Well, why did you come down here, sir, to an important thing like this and not bring your attorney? See, you are playing games, Mr. Burke. Mr. Plummer: All right, wait a minute, Mr. Dawkins, I've just been given the out, OK? That the City Manager be empowered to negotiate the contract, that if he agrees to the first source that comes from Liberty City, that if he is unable to accommodate in that first source, he must come back before the Administration and/or the Administration before he can go outside of the first source. Mr. Dawkins: That's only half of it. Mr. Plummer: No, it's not! Mr. Dawkins: OK, now wait now. 93 September 8, 1987 Mr. Plummer: He's got to demonstrate that he couldn't provide with the first source. Mr. Dawkins: How much of this work is going to go to minorities? Mr. Odio: It has to be 51 percent, Commissioner, minimum. Mrs. Kennedy: Yes, by law. Mr. Dawkins: No, no, it said a minimum of 51 percent. It said a minimum. Mr. Burke: That's a minimum. We are looking at it from the standpoint of Mr. Dawkins: It said a minimum. You see, it did not say only 51 percent had to go to minorities. It said a minority, I mean... OK?... a minimum, it could go to 80 percent. It does not say in the contract that you can't go to 80 percent minority. Mr. Burke: Neither does it say we can't do 100 percent, Commissioner. We are going to try our best to do... the contract documents call for at least a minimum of 51 percent, but we are standing here saying that we are going to go beyond that 51 percent. Mr. Dawkins: Beyond it to what? 52 percent is beyond it, Mr. Burke! 53 percent is beyond it. Mr. Burke: At the present moment... at the present time, Commissioner, the value engineering prints are being re -drawn and until that time that we get the prints in, we can't tell you exactly what the total is, but it is in excess of 51 percent. Mr. Carollo: Well, I'll say this for the record, that I don't think you are going to get any company in town, or outside of town that is going to try get a higher percentage of minorities involved than they are. And whatever that percentage is going to be, I don't think anybody knows, but they are certainly going to go well over 51 percent. Mr. Dawkins: Well, see, what you are saying Joe, is fine, but I am telling you what they said to me, and if I'm in error, Mr. Burke will correct me. Mr. Burke said to me that he didn't intend to use the 51 percent minority, and he told me that. Mr. Carollo: That's the first I've heard that. Mrs. Kennedy: Well, if he said that... Mr. Dawkins: All right, I'm just telling you what was told to me. Mrs. Kennedy: But, he just can't say that. There is a minimum by law of 51 percent. Mr. Burke: I never said that. I think the Commissioner is in error . I never mentioned the 51 percent as our maximum goal. I have always contended and 3-W Corporation has demonstrated in other projects that we performed in this City that we have exceeded 51 percent, so at this time we don't see any reason why we cannot exceed 51 percent on this particular project. Mrs. Kennedy: But I heard you say that about 74 percent on one of his projects. Mr. Burke: With 72 percent and 74 percent on the Martin Luther King Parking Garage; 56 percent on the Booker T. Washington project; and we exceeded our percentage on the Earlington Heights station as well. So, our track records stands here for the public to see. Mr. Carollo: Well, maybe there was just a misunderstanding, or it wasn't explained right, or heard right, but I think what is important also is that when he gives the percentage that he just did here, that in the other major projects that they are working on, they have exceeded in most of them by far the 51 percent, I think that speaks for itself. I guess the bottom line that 94 September 8, 1987 we have to look at is, one, when are we going to have ground breaking and get this off the ground and secondly, let's try to get as many people as we can from within that neighborhood to work in this project. I think that at 3-W, by their representatives here, is more than willing to meet those goals. Mr. Burke: It is only logical that we strive to increase the participation of Black companies as well as Black employees in here. We are located at 55th Street and 7th Avenue, right adjacent to this project. We have been there for a number of years. We are the largest Black employers of subcontracting companies and minority companies right in the present moment in Dade County. We're the largest percentage of employees hiring minorities and otherwise by 3-W Corporation, so we think our records stands on itself. Mr. Plummer: All right, where are we? Mr. Dawkins: I made a motion... Mr. Plummer: What was your motion? Mr. Dawkins: ... that the first source agreement for this job, and I will go back to try to change the whole law later on, read, Liberty City as first source; then the City of Miami; then Hialeah; then Ft. Lauderdale; and then West Palm Beach, and that the contractor come back to us and show us where he cannot find that specialty that he needs within the first source area and then we will allow him to go outside the first source area to get it. Mr. Plummer: Second the motion. Mr. Burke: No problem. Mayor Suarez: Moved and seconded. That sounds like a workable plan, John. Is there any problem with that? You're shaking your head over there. Mr. Castaneda: Yes, let me explain first source, because I think there is a misconception on first source. Mayor Suarez: Well, we have a pretty good idea that it means you that you first have to chose from the area in question and we are saying first from Liberty City. Mr. Castaneda: What the first source basically says is that the City of Miami has the right to refer the employees to the corporation. Since the City of Miami is the one that is referring the employees to the corporation, we can obviously refer employees to the Model City area first. If in that group, we are unable to fill his work force, then we move to the City of Miami and then we will move out there and if the City cannot provide them the employees, than he can go outside and get them. Mr. Dawkins: OK, all I am saying to you is that whatever you are supposed to set up, set up on 62 Street at the union halls and clear everything you need to clear out there. Now, I understand what you are saying that this City of Miami is supposed to provide these individuals to Mr. Burke. I have no problem with that. The problem I have with it is for you to go down on 5th Street and N.E. 2nd Avenue and get me some people together on 62nd Street. I want you to go on 62nd Street, if you have to set up a branch office, a mobile office, or what, and those are the people you take to refer to him as first source agreement. Mr. Castaneda: No problem. Mr. Dawkins: Is that understandable? Mr. Gilchrist: Yes, sir. Mayor Suarez: First source and the location for processing right there. It makes a lot of sense. Mr. Dawkins: That's all. Mayor Suarez: You want to build that into your motion? Mr. Dawkins: Yes. I build that in. 95 September 8, 1987 P f Mr. Robert Reese: I won't be dissatisfied with that first source read, but, what I am beholden to the community for, that I made certain promises to people that supported this substation issue and all these people are in Liberty City sitting around that substation and I can't see bringing in some help from crosstown somewhere. I mean, because these people are there and they don't have jobs, and I know they are there! Mr. Dawkins: That's what we just said, Mr. Reese. Mr. Reese: Yes, but I am just saying, I just want to make sure that go there to find these people. I don't see whey they... they don't have to find them, just ask for them! They are there. Mr. Dawkins: That is what just said. We are setting up a screening right on 62nd Street. They can either be at M.L.K., it can be at the union hall, wherever. Mr. Reese: Well, that s just the question that maybe I am asking, Commissioner, is why do these people have to be screened? Mr. Dawkins: Because somewhere along the lines, just like with the substations, Mr. Reese, the police substation, like you said, we fought, all of us up here, we got the bonds passed. We thought we had it made, right? We said, "Oh, we got a police station coming." Then, we came back, I identified the money and locked it in so that the money could not be spent for anything, we said, "Oh, we got it made." Then, somebody came along and started us fighting among ourselves about jobs and we forgot about the substation in this, and we started arguing about the job, and everybody was happy, because we didn't get nothing done. Now, we passed, this Commission, passed the legislation which said, first source agreement all of that are here means around the area where the jobs are. We did that to ensure that individuals who live around the Overtown-Park West project would get first priority at those jobs. Somebody within the City of Miami changed the wording to say First source means the City of Miami. So now, that is already legislated and law. There is nothing we can do about it, so what we are doing now is amending that to get around the law that is already legislated and saying that we are going to set up a screening there to insure that those people will be used. Mr. Reese: Well then, I guess I will have to go with that, but would you be so kind as to let me, or let somebody know when you set that screening up? I'd like to be a part of that process, if it is possible. Mr. Dawkins: And you guys decide where we are going to have it, because, I mean, we can't sit up and say that it will work at M.L.K. We can't say it will work at the union hall. We can't say it will work in Mr. Pitts' office. You people will have to say, "Hey look, this is where it will work," and that's where we will put it! Mr. Carollo: Mr. Manager. Mr. Reese: OK, thank you. Mr. Carollo: Can you take full responsibility for making sure that once the screening starts and Mr. Reese and some of the leadership from labor from that neighborhood will be notified so that they could be present and be part of that process from day one. Mayor Suarez: Build that also into the motion? Mr. Carollo: That will be built into the motion. Mayor Suarez: OK, do we have a second for it? Mr. Plummer: Yes. Mayor Suarez: Seconded. Any discussion? Call the roll. 96 September 8, 1987 i The following motion was introduced by Commissioner Dawkins, who moved } its adoption: MOTION NO. 87-819 A MOTION OF THE CITY COMMISSION STIPULATING THAT IN CONNECTION WITH THE HIRING PRACTICE TO BE FOLLOWED BY THE CONTRACTOR IN CONNECTION WITH THE CONTRACT FOR THE NORTH SIDE POLICE SUBSTATION, THERE SHOULD BE A GUARANTEE THAT A MINIMUM OF 51 PERCENT OF THE FIRST SOURCE SELECTION OF LABORERS SHOULD COME FROM THE LIBERTY CITY AREA (STARTING WITH INDIVIDUALS LIVING ON 62ND STREET); THEN FROM THE CITY OF MIAMI AT LARGE; THEN FROM HIALEAH, FT. LAUDERDALE, AND WEST PALM BEACH; FURTHER STIPULATING THAT IN INSTANCES WHERE THE CONTRACTOR IS UNABLE TO FIND THE SPECIALTY HE NEEDS FROM WITHIN THE FIRST SOURCE AREA, HE SHOULD IMMEDIATELY COME BACK TO THE CITY TO SO DEMONSTRATE, IN WHICH CASE HE WOULD THEN BE AUTHORIZED TO GO TO OTHER AREAS IN ORDER TO FULFILL HIS NEED; FURTHER DIRECTING THE ADMINISTRATION TO LET MR. ROBERT REESE KNOW THAT SCHEDULING OF THESE NEGOTIATIONS SO THAT HE MAY TAKE PART OF SAME. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 48. POPE JOHN PAUL 11 MADE HONORARY CITIZEN OF MIAMI. Mr. Carollo: If I could make a brief resolution to kind of make things a little easier before we get into some of the harder areas of this afternoon's meeting that are coming right up. This is a resolution that was requested of me to present before this Commission. It is a resolution proclaiming Pope John Paul II honorary citizen of the City of Miami, Florida, with all rights, privileges, and honors pertaining thereto. I so move. Mayor Suarez: So moved. Mrs. Kennedy: Second. Mr. Plummer: For sure. Mayor Suarez: Seconded, thirded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-820 A RESOLUTION DECLARING POPE JOHN PAUL II AN HONORARY CITIZEN OF THE CITY OF MIAMI, FLORIDA, WITH ALL RIGHTS, PRIVILEGES AND HONORS APPERTAINING THERETO. (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- '! 97 September 8, 1987 0 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Carollo: Could we make sure, please, that this would be sent to the Archdiocese immediately, please? 49. FIRST READING ORDINANCE: PROVIDE RATE OF WAGES AND BENEFITS FOR LABORERS WORKING ON CITY CONSTRUCTION CONTRACTS. Mr. Carollo: Now, it is past 3:00 p.m. and we had stated that at 3:00 p.m. we would be discussing a certain ordinance relating to laborers and workers in this community, basically ordinance 61, 62, 63, that I presented in ordinance 64, that Mr. Dawkins introduced. Let's make sure we have a full Commission here before we begin. Mayor Suarez: OK, item... which one do you want to take, item 61? Mr. Carollo: Yes, that is the first one. Mayor Suarez: It is the first of four related ordinances, three proposed by yourself and one proposed by Commissioner Dawkins. Mr. Plummer: Before we start, Joe, just let me ask this question. Madam City Attorney, I am assuming you read both 61 and 62. It appears to me that if 61 is passed, 62 is incorporated as part of 61, and that both would not be necessary. Is that correct? The provisions in 62... Mrs. Dougherty: No, they would both be necessary. 61 is prevailing wage. Mr. Plummer: That's correct. Mrs. Dougherty: 62 is a health benefit. Mr. Plummer: Wait a minute. Prevailing wage and fringe benefit payments is in the first one. The medical insurance is a fringe benefit. What I am saying is, if 61 passes, 62 becomes unnecessary. -Mrs. Dougherty: You are absolutely right. Mr. Plummer: OK, I just wanted to get that on the record. Mr. Dawkins: What's the problem? Mr. Plummer: No, I got my answer, Commissioner Dawkins. Mrs. Kennedy: How are we doing this, Joe? Are you explaining these ordinances one by one? Mr. Carollo: There are three ordinances that I have asked at the last Commission meeting to introduce today, as a public hearing, this will be the first reading and then we will have a second reading on it. I am more than willing to make a motion for each of these three ordinances now. However, I think that we should hear from the different people that are present here today that might want to speak on these ordinances. Mayor Suarez: On item 61 does anyone wish to be heard for or against from the general public? Mr. Carollo: Let me read into the record what ordinance 61 is. It's an ordinance- 98 September 8, 1987 t "Relating to construction contracts affecting the City of Miami; providing that the rate of wages and fringe benefits payments for all laborers, mechanics, and apprentices be not less than the prevailing rates of wages and fringe benefit payments for similar skills in classifications of work as established by the Federal register; requiring posting of notice of compliance with this notice; providing for preemption when such construction contracts involve federal funding; providing exceptions for certain existing construction projects; containing a repealer provision and a severability clause; providing for inclusion in the City Code." That is bl. Mr. Plummer: Mr. Marchner, do you wish to be recognized, sir? Mr. Russ Marchner: Yes, sir. Thank you very much. Mr. Plummer: Excuse me. Are you a registered lobbyist? Mr. Marchner: Yes, sir, I am. Mr. Plummer: For the record, your name and mailing address, and proceed. Mr. Marchner: Russ Marchner, 7480 Fairway Drive, Office 209, Miami Lakes. I am here today representing the Real Estate Action Council of Dade which represents realtors and associates over 8,000, and also the Industrial Association of Dade County. Both organizations have, just recently and in the past, gone on record against prevailing wage. I would like to bring to your attention that you worked so hard just recently over your budget, and you're still working over the budget and the tax rate, and we congratulated you by letter in your efforts, and the Manager, to keep the tax rate low. Now you're considering an item which will assuredly increase the taxes for the residents of Miami with the adoption of prevailing wage. I am here to speak on items 1 and 2, but I would like, with your permission, to defer to Errol Bader, the executive vice president of Associated Builders and Contractors who, along with me and many other groups, has been attentive to the prevailing wage item over the years. With your permission, Mr. Mayor. Mr. Errol Bader: Thank you Russ. Errol Bader representing the Associated Builders and Contractors. I am a registered lobbyist. And I have also been asked, today, to represent... Mr. Plummer: Is that registered with the City of Miami, sir? Mr. Bader: Yes, sir. And I have also been asked, today, to represent the views of the Builders' Association of South Florida. This is a very volatile, very complex, complicated law. It's difficult to deal with it in just a public hearing, and it probably deserves, because of the far-reaching implications, maybe a workshop. But I'd like to try this afternoon at least to share with you what most of the construction industry thinks of prevailing wage laws. And let me start by perhaps talking a little bit about the Davis - Bacon Act itself. This ordinance that you are looking at today is actually the adoption of the Federal Davis -Bacon Act. I say that because it is dependent upon the prevailing wage issued by the Wage and Hour Division of the Department of Labor as those wages appear in the Federal Register. Also, the Federal Act requires, as Commissioner Plummer pointed out earlier, the payment of certain fringe benefits, and I say that because at one time - and of course this law is a Depression era law - and I bring up the issue of fringe benefits simply because many decades ago the State of Florida also passed a Florida Prevailing Wage Law which was patterned after the Federal Law but that Law did not require the payment of fringe benefits. That was a distinct difference between those two Laws. The original purpose for the Federal Davis -Bacon Act and the thirty -some -year -old Florida prevailing wage law was to protect local workers from contractors coming in from outside the area, paying lower wages, importing people - this is mainly in the New York area - and depressing the wages in that area. And back in those days that was a good idea. And I think that that is probably the reason that this City Commission is looking at this now, for those same reasons that were visited back in the thirties. But over the years, and the problems that I am going to go over with you in the next few minutes, over the years, the Department of Labor has changed the 99 September 8, 1987 methodology used to determine what the prevailing wages are, and so what I need to share with you today is that the term "prevailing wage" is a misnomer. It no longer means the wages prevailing in a specific geographical area. What it has come more commonly to be is something very close to union scale, if not the exact union scale, in a specific area. And, as a result, it has turned on its head and the law now does have a tremendous impact on an area that is predominantly open shop, because it has the effect of artificially raising the wages that are normally being paid in the area. Now, I have given you each a folder like this and, with your permission, if you would go to those folders, I would like to walk you through recent and local history of the prevailing wage law to try and give you a flavor for just how volatile and controversial this thing is, and when we're through - and it'll only take me a few minutes - maybe you'll have an understanding of what this really can mean to the City in terms of economic impact. You see this first Miami Herald article. It is dated December 29th, 1978: "Bring Home the Davis -Bacon Act." This article was written at the time that the Dade County Commission was considering its own prevailing wage law and you see, in the yellow: "This money -making - or money - wasting - procedure has been highly popular with union officials the nation across. So much so, in fact, that a local version was whomped up last spring by Metro Commissioner, Bill Oliver. He wanted all City and County construction contracts to require that builders pay union wages, plus a benefits package, which added together would have added some $17 million to Metro's costs alone." Now, this article is a little bit misleading. It would lead you to believe that Dade County did not pass a prevailing wage law. It did, in fact, pass a prevailing wage law. Specifically, what it did is, the original proposal was: let's pattern a prevailing wage law after the Federal Davis -Bacon Act, and at the time, the County Manager said, "Well, now, wait a minute! You know there's a difference between the Federal Prevailing Wage.Act and the Florida Prevailing Wage Law and the difference is fringe benefits." Well, that number was $17,000,000. That's the seventeen million the Miami Herald was talking about. So what they passed in 1978, in Dade County, was a prevailing wage law that depended upon the Florida Prevailing Wage Law, which was in existence in 1978. Now, if you'll go to the next page: Florida School Boards Association document, April 6th, 1978. What was occurring in Tallahassee at this time, this cover letter says, that in 1974 the State legislature exempted school construction from the Florida Prevailing Wage Law. In 1978, the unions had gone back to the legislature and said, "let's reinstate the Florida Prevailing Wage Law on school construction." The School Board Association conducted a survey and that's what you see in front of you. It says: "Since that time, school boards have saved millions of dollars in school construction which has permitted much more construction, resulting in more jobs for the construction industry. Because of the many safeguards presently in law, the quality of school construction has not suffered." This was a memo sent to the members of the Senate Appropriations Committee in Tallahassee in 1978. Look at the second sheet. You see here a list of 23 School Board districts which responded to that School Board Association request. The request was: show us how much we have saved during these past few years, during the exemption of the Florida Prevailing Wage Law. Out of $350,000,000 worth of construction in 23 school districts, the taxpayers' savings, as reported by each of those districts was close to $46,000,000. Now, if you'll go to the next sheet, the Florida League of Cities. As a result of the Florida School Board Association study, the Florida legislature not only refused to reinstitute the prevailing wage law on school construction, but in 1979 a very comprehensive study was done by the House Commerce Committee to see what the effect on public construction was in the State of Florida because of the existence of the Florida Prevailing Wage Law. The Florida League of Cities - and I just noticed here this morning that Commissioner Plummer was the president at the time - put out this position paper, and I won't read this first part, but I'm going to go right to the second part that's in yellow. "Statutory requirements that increase the cost of public construction are a substantial factor in the amount of bonded public debt that has been issued in Florida and, with increasing interest rates, such costs become more than doubled over the term of the bonds. Therefore the Florida League of Cities will support any State action or legislation designed to reduce the cost of public construction for local governments in Florida." This was March 7th, 1979. In April of 1979, during that legislative session, the Florida Legislature repealed the Florida Prevailing Wage Law outright. It became the first state in the union to do so. Since then there are many more states that have gone ahead and repealed their state law. We had a problem then here in Dade County because, as I mentioned earlier, the Dade County law was dependent, as it was originally designed and passed upon the Florida Prevailing Wage Law. And so then Commissioner Oliver went back to the 100 September 8, 1987 Commission in 1979 and said, "Commissioners, we have a problem because our Dade County Prevailing Wage Law, which was dependent on the Florida Prevailing Wage Law is faulty, because there is no more Florida Prevailing Wage Law." And I would like to introduce an amendment, and that amendment is: let's change the Dade County Prevailing Wage Law to be dependent upon the Davis - Bacon Act. That's exactly what you're looking at doing today. The County Manager and I did give the City Manager Friday a copy of this. The County Manager was directed to conduct a study of what the impact on Dade County construction costs would be were they to adopt the Federal Davis -Bacon Act at that time. From Victor Monzon, this is a memorandum from Victor Monzon who's the acting director of the General Service Administration of Dade County dated February 29, 1984. Subject: Economic Impact of Proposed Prevailing Wage Ordinance. And what he says here is that out of $181,000,000 in construction, it is anticipated that there would be an $18,421,000 increase to their construction agenda. Mayor Suarez: But are you suggesting that we build into the wording of any ordinance by the City the Davis -Bacon language? Mr. Bader: That's exactly what you have done. That's what this ordinance is. It is the adoption of the Federal Davis -Bacon Act. Mayor Suarez: But that's not what you want us to do. Mr. Bader: No, no, no at all. What I'm saying is that because of this study, because it represented a 10.13 percent increase projected by GSA, the Dade County Commission refused to adopt the Davis -Bacon Act in 1979, and this was a 1984 study, so once again in 1984 they were asked to reinstitute it, and they refused once again. Mrs. Kennedy: Excuse me a second. Let me just ask you. Mr. Bader: So the Dade County Commission no longer has a prevailing wage law. Yes, ma'am? Mrs. Kennedy: When you mentioned that the County and the State repealed this law, did they hold workshops over a period of time to study this? Mr. Bader: Extensively. Mrs. Kennedy: Extensively. Mr. Bader: So did the Broward County Commission, which is the next item in your packet. As I mentioned, Commissioner, this is a very, very complex issue. Next we go to Broward County and you see an editorial, both in The Miami Herald and The Fort Lauderdale News editorializing on March 16th, 183, against the County's proposed adoption of a prevailing wage law. Identical language to the one that you were looking at today. "Broward County commissioners today should reject a proposal to require payment of so-called prevailing wages on all County construction projects. The proposal, while well-intentioned, is ill-conceived and would needlessly drive up the cost of such projects. The taxpayer, of course, would make up the difference." Look at the next sheet. This was on November llth, 183, just the day before the vote, the Herald again saying: "Prevailing Wage? No!" and restating all the reasons why not. But they went ahead and passed it. Now look at the next article. "Prevailing wage law helps boost cost of portable jails at Pompano." This is the aftermath of the Broward County prevailing wage ordinance. "Broward County's prevailing wage ordinance has boosted by $54,000 the price of adding four portable jails to the Pompano Beach Detention Center." And then a follow-up editorial: "Costs of prevailing wage an outrage to taxpayers. Broward County taxpayers ought to be screaming in outrage at County Commissioner Nicki Grossman's report that the County's prevailing wage law has forced the price of building four new portable jail cells up by $54,000." The next item in that packet... Mayor Suarez: Are you wrapping up, please? Mr. Bader: I'm coming right to the end of it, because this is very important, because I've talked to some of you and... Mayor Suarez: You may introduce into the record any documentary support for your argument that you would like. 101 September 8, 1987 Mr. Bader: I can introduce... Mayor Suarez: Just paraphrase, please. Mr. Bader: OK. This is a report to the Congress of the United States by the Comptroller General. It is entitled: "The Davis -Bacon Act should be repealed. The Congress should repeal the Act because:" and I'm not going to read what's in yellow. You can read it for yourself, but what's more important is - and I have to read this to you - it's one short paragraph, because it strikes right at the heart of this issue of residency, and the need to employ residents. "The inflated wage costs may have had the most adverse affect on the local contractors and their workers --those the Act was intended to protect --by promoting the use of nonlocal contractors on Federal projects. Nonlocal contractors worked on the majority of these projects, indicating that the higher rates may have discouraged local contractors from bidding." I'm not going to read any more. That was the GAO report, but I'm going to finish by saying this. If I am a contractor in Houston, and I'm looking at a job that's out for bid in the City of Miami, and I know that if I want to carry my employees to Miami to work on that job, I am going to have to pay them more money because of that travel and because of that housing than I am used to paying in my home base. If you artificially increase the wages that must be paid, you are aiding that out of town contractor because now he can afford to pay his people the excessive wages necessary to get them to travel. I would just conclude by saying that you are going to read every day in the paper now about the strain on the infrastructure, the appropriate and judicial use of government funds, and I just would urge you today to think very seriously about the economic impact that this could have on the City. Thank you very much. Mayor Suarez: Thank you for your presentation. Sir. Mr. Sippio. Mr. Carollo: Can we see a... Mayor Suarez: Want a show of hands? Mr. Carollo: ... a show of hands from all the people that would like to speak on this item. If you would come up and give your names to the City Clerk. Mr. Coleman Sippio: My name is Coleman Sippio. I live at 10801 NW 22nd Court. I don't have any quotes here from The Miami Herald, but if I told you what I think of The Miami Herald, all the ladies would have to get out the room! Mr. Carollo: You're winning my vote already. Mr. Sippio: When he says he'd recommend the City about their budget, so would I, but let me tell you what he didn't tell you when he's talking about economics. He didn't tell you what would happen - see he's not worrying about the money. The money's there. He's worried about the fringes. He didn't tell you, when you don't have... when a worker... and I'm not here about the union. I'm a business manager for a local 800 I'm also business manager for the Labor District Council. And he knows it. And this audience is not union. It's working peoples in Dade County, working men who want to work. It's not union. It's in there where he can belongs to a union if he want it, or don't belongs to the union, but it's about freeloading. It's about when a contractor come into Dade County, or one that's already in Dade County, and he uses a man labor - that's all he got to invest is his labor - and the contractor has the right to make a living. He has the right to make money on his job, but the point here that I'm getting at: who makes the money? Where do all the money go? That's what I'm talking about. Now, the union contractors, and the union, we got no problem, we can take care of our own. But who I was representing - the workers in the State of Florida and Dade County - when a contractor uses this labor up, he goes to a pool. The pool manager gets $4 and the laborer gets $4, and he gets sick, he winds up at Jackson Memorial somewhere, and if you think you're saving any money, because if they're building a condo over here and a condo over there - one union and one nonunion - he don't say I'm going to sell this one for 25 or 40 percent cheaper because I didn't have to pay no fringes. Now I'm going to read you something that didn't come out The Miami Herald. I wrote it myself. Contractors from States that don't have the Right to Work law will come to Florida and take advantage of the poor working man, Overtown Liberty City with 102 September 8, 1987 P 0 any regard for human rights. And this also goes for the ones that are here who come to Florida from places like New York and Chicago where he has a union contract and pays fringes, insurance, pension, salaries and contributions to the training fund so that workers in those states can live with dignity and taxpayers don't have to pick up the tab for hospitalization for them and their families. Now, I'm telling you, these people, the working man, here, when they get through with them, they dump them on the taxpayer. You're going to have to pick up that tab, because he's got to go to Jackson Memorial or some other of your agencies, that you're not saving any money, and along the line from that, all these people you looking at, shaking your head about on them freeways and things, that's where they come from. These people's about that money. Those same contractors that he represents, they got contractors in New York and Chicago, they pay the fringes and they don't even say a word about it. It's just here, when they can come here, they can underbid a union contractor and give us the tab to pick up for the victims. And I call them victims. That's what they are - victims. I'm talking about a man that wants to work and willing to work. I don't give a buck to those that don't want to work. I'm talking about a man who want to work and support his family, and he can't support his family. He has nothing, nothing that he can look forward to, and when he get that way - and now I'm going to read the rest of that and then I'm going to sit down. I don't usually talk this much. Those of you who are in power and believe that the freeloaders from out of town are doing you a favor by bidding lower than a union contractor, you're sadly mistaken. When he's leaving to go back to his state with his huge profit that he's made, and leaves the refugees and the poor peoples in your community he exploited, you, the County and City will pay when their families are forced to go to Jackson Memorial Hospital because they have no insurance and add to your social agencies, the welfare roles and taxes on your community, and they will say where are the benefits? In my opinion, they should contribute to a fund set up by the County, City and municipalities and put in trust so they can have the right not to join a union and not to violate the human rights of the taxpayers and refugees and working man in the State of Florida. And I'm not asking everybody to be union. They've got their own right whether they want to be union or not, and this is not about a union. This is about money, that peoples want to come here and take advantage of our peoples and dump them on us, and that's the crux of the whole thing. These people know when they come here and they're dressing it up with all these quotes from the newspapers and whatever. I could go to the newspapers and get anything that I wants to agree with. Bottom line is, this legislation is not for the union. This legislation is for the working man in the State of Florida. Mayor Suarez: Thank you for your statement. Mr. Vincent Menendez: My name is Vince Menendez. I am the president of the Building Trades of Miami. The reason I want to speak, because I hear so much. This individual spoke against prevailing wages, fringes. My brother said a few things over here that I commend him for what he said, and I want to tell you this, and I want to go back a few years in the history in Miami. I came over here when I was about 13 years old to this country, to Miami. My father went to work and he worked hard all his life. He did not belong to the union at the time, so he didn't get a pension, so he only lives on one social security paycheck. Let me tell you what I did. As I grew up older, I became a union member. I became involved in unionism. Not only that, I joined the air force, and I'm going to be able to get three pensions, not only one, not the social security, but other two pensions because I worked for my livelihood. My main concern, what I see here is the majority of the people of the City of Miami and Dade County are being ripped off in the laborers that are doing the work. They're not being paid a fair share of what they're supposed to get. What we want for the people is a fair share of money so they can take care of their families, to have fringe benefits, like hospitalization, and to be able to have a pension when they get old. We don't want a person, as Sippio just said over here, that when they get sick they don't have no money to go to the hospital for them or their kids or their wives, and this is what you're going to find in most of the construction jobs that you've got in this town, this so-called that they talk about over here. So what we're saying to the City of Miami, look at it, look at the benefits that you're going to have because taxes are not going to be paid to Jackson Memorial because we're paying our fair share on taxes and we do pay in to fringe benefits. We also called about the value of the construction when union or prevailing wage is set. I think it was sometime last year, as you know, Miami Beach voted to go prevailing wage in the Convention Center, a bid was taken and it was all in prevailing wages and the contractor that got it 103 September 8, 1987 was $5,000,000 below the next contractor. As far as I know today, that job is 100 percent union, paying fringes, paying prevailing wages, and we took the low bid, so they make us act like we're always the high bid in the job. If they give us fair competition to bid against a nonunion element, I guarantee you the union will come within the money that it's supposed to be. Thank you. Mayor Suarez: Dan. Mr. Daniel Horton, Jr.: Thank you, Mr. Mayor, Commissioners. My name is Daniel C. Horton, Jr. I'm the political director of the South Florida AFL- CIO, but I do not want to talk about this as a union/nonunion issue because I think that does a disservice. What I'd like to do is address a couple of the points that our opposition made today because the same arguments that you heard today were presented in front of the City of Miami Beach and, undoubtedly, in front of the Broward Commission, and so on, and so on, and so forth. There's no doubt this gentleman is accurately quoting you studies. Those studies are old and have not been borne up by the facts. I'd like to address a few specific points. Point one, you do not currently have prevailing wage in this City. When you did the arena, we were here and many were here because you had out of town contractors. Prevailing wage does not concern itself with whether you choose to have in town or out of town contractors doing your work. That's a judgment that's left with the City, point one. To back that up, you're welcome to go to Homestead Air Force Base, or call down there. That's Davis -Bacon. All the jobs are Davis -Bacon. Almost everything on that base is being built nonunion. This is not a union/nonunion issue and it should not be seen as that. Point three: will this bust your budget? What my good friend, Vince, also forgot to tell you is not only was the bid that happened to be union $5,000,000 lower than the second bid, that bid was $3,000,000 under the Miami Beach's budget for that convention center. It did not bust the budget. It was three million under, three million under, and your administration is welcome to check that, because that's a fact. I'm not familiar with the $54,000 in Broward jails that was over because of this, but I think if your administration checked with their counterparts in Broward County, they would find the recent airport addition, which was prevailing wage and not all union, for the record, was not only under budget, it was finished ahead of schedule. Ahead of schedule and under budget. And I think the smokescreen that Davis -Bacon is a budget buster, will increase taxes, etc., etc., while those studies were done in good faith when they were done, the facts have not borne them out in the last five years where Davis -Bacon has been implemented - mini Davis -Bacon, if you would. We believe what it does is establish equity with your workforce. We believe it means a person who works on a construction job gets a fair day's pay for a fair day's work. We believe it means that those people are no longer a burden to your taxpayers when they have to go to Jackson, making maybe twenty thousand a year with no health insurance, and they cannot afford a catastrophic illness, and they have to become a ward of the state. Even though they make a living, they don't have the health coverage. We think it saves the taxpayers money in the long run, and rather than quote studies I'd ask your administration to check what I've said for veracity, because you'll find that where this has been done, with rare exceptions, it has come in with jobs under budget, it is not all union when it's done and it does share the work as well. Thank you. Mayor Suarez: Dan, one question. Mr. Horton: Yes, sir. Mayor Suarez: I hear reference to fringe benefits and it concerns me because if we're talking about something like medical insurance, which happens to be another one of the ordinances being proposed, which I think, personally, makes a lot of sense, that's not even a fringe benefit. That is a benefit, an essential benefit, really, and, as you point out, if we don't give it, a lot of times it results in more costs to society. Mr. Horton: Yes, sir. Mayor Suarez: What are the other kind of benefits that you're talking about that might be referred to as fringe benefits? I would not refer to that one as a fringe benefit. Mr. Horton: Well, under the legal definition, that's why we refer to it that way Davis -Bacon 104 September 8, 1987 i says that when you set a standard for a given equivalent dollar value fringe benefits, under primarily health and welfare and pension, those benefits. Mayor Suarez: Health and...? craft, you apply wages plus the Davis -Bacon. That includes are the two primary fringe Mr. Horton: Health and welfare, which is health insurance, and pension benefits. Those are the two primary computations used by the Federal government. They are not necessarily inclusive. If you do Davis -Bacon work, to answer the question Mr. Plummer raised earlier. You do not necessarily have to provide a health insurance plan. What you have to do is provide the worker the dollar value set by the Federal government for wages plus the equivalent of the benefit package. It does not necessarily have to be a health plan plus dollar value. It is the equivalent dollar value of total package, health plus benefit, so there are two ways to view it, sir. Mr. Plummer: But, what have we accomplished if we are trying to say that we are trying to be fair, and what we are striving for is to make sure that these poor devils have a medical package. I surely would not want to give a man the equivalent of a medical package to put into his paycheck, because some would not want to take out a medical, and in fact, would still wind up as a ward to State, do I don't agree with that concept that says that you give him the equivalent in his pay package, because you know what is going to happen - a whole lot of them are going to put it in their pocket and run to Venezuela, so I would only go with the fact that you provide him with a policy and he has no alternative. Mr. Horton: Mr. Mayor, if I may address that. That, Mr. Commissioner is one reason why we have both 61 and 62. 61 alone, if you adopted it, would require the worker to draw the dollar equivalent of salary plus benefits; 62 would add a further stipulation, if you chose to adopt both. But within that extra difference between salary and benefit would go into a qualified health plan for precisely that reason, sir. Mr. Plummer: I have already been corrected, thank you. Mr. Horton: Thank you, Mr. Mayor. Mayor Suarez: Let me also introduce into the record a letter dated August 12, 1987, from our lobbyist, Syl Lukis, directed to the Department of Community Development, which makes reference to what he deems to be the extra amount that it costs to have a project built under Davis -Bacon, and he estimates it for whatever it is worth, as being 25 percent and is saying that this is not, at this particular point, by interpretation of the Justice Department any more applicable to HUD projects the City of Miami carries up. Mr. Plummer: Let me ask one other the question, because, going further on your statement, Mr. Mayor, Madam City Attorney if you are the one, I guess it is - when the Mayor asks a question, what is other fringe benefits besides health insurance, or medical insurance, I heard someone say, the pension. Now, as we know, a lot of these projects, the workers are on for the duration of the project, and that is it. How do you determine, or how would it be determined in conjunction with the ordinances that we are speaking about, do they have to provide a pension, and if so, how do you determine how much, and how would it be a continuing, ongoing thing? Mrs. Dougherty: The first ordinance provides that you provide either the fringe, or the cash equivalent, so I imagine if it was the sort of situation where you didn't have employees all the time, they would give them the cash equivalent. Mr. Plummer: But, how is that determined, as to relating to pension only? Mrs. Dougherty: I don't know. Mr. Plummer: Well, I don't either, and it is not spelled out. Mrs. Dougherty: I'm sure he does. 105 September 8, 1987 Mrs. Kennedy: The only thing it says here, "which requires involves employment of laborers mechanics, or apprentices to include a provision at the rate of wages and fringe benefits or cash equivalent for all laborers." It doesn't specify. Mr. Plummer: I'm still lost on that issue, I don't have a clear cut answer. Mr. Horton: OK, on your direct question, Commissioner. The formula as cited in this ordinance is a Federal formula. It is computed through wage and benefit surveys that are done periodically within the South Florida, and other areas of the country. They are done on standard metropolitan areas. I am not enough of an expert to give you the specifics of it. We can bring that back for the second reading or possibly ask the Department of Labor to send somebody down here who can explain the exact formula. It is basically done by computing the labor standards in different areas by type of jobs. For example, the HUD example the Mayor alluded to. Most HUD work is Federal and falls under John Davis -Bacon scale now, so it is preempted under your ordinance. That rate is different... Mr. Plummer: Well, I am speaking directly to pension, now. You know, a medical policy, you go out and you negotiate with an insurance company. They provide the medical policy, but pensions are so variable as to what they are, what they produce, you know, I am losing in the text of if pensions, number one, are included in this prevailing wage, and if they are, how is the determination come about as to what, where, why, and how? Mr. Horton: The determination... I know Mr. Bader is dying to get up here and go through this, he will probably be saying basically the same thing. To say it is an average of an industry in a given area is wrong. It is a formula that tends to average on the high end, across the board. It would compare, for example, HUD job "A" and HUD job "B" and HUD job "C." We use a formula, a weighted formula based on the numbers of workers on each of those jobs in the category, of say, carpenter. Each carpenter on each of those jobs would be evaluated, based on the wage, based on the health plan, based on the pension plan, and that weighted load becomes the actual number you see in the Federal register that this ordinance alludes to. Even within Federal government work for bidding purposes, that is the bottom line. Some contractors in any one of those categories, for example, carpentry contract, and they have a better benefit package than what is in that bottom line, but that is simply a minimum standard for computing wage, plus benefit, plus benefit. Mr. Plummer: OK, look, I acknowledge the fact that this is not a union, nonunion issue. You still, if this passes, would have open shop, all right. Now, I agree with that. Yet, in the union, if a man belongs to the union, and there is pension involved, I understand he pays to the union, and they provide the pension plan, but in a nonunion shop, if this were to be applied, most of the workers, as I know them, would be to a job and then, after that job is over, they are out looking again, or they go to another company, or work with another project. How would you ever establish where the pension money would be paid to? Mr. Dawkins: Commissioner Plummer. Mr. Plummer: Yes, sir. Mr. Dawkins: You would have to get with the some kind of a way where that money could be Retirement Fund and they would have to establis many quarters, etc., etc., and that is one of that back for the second reading. Mr. Plummer: Well, as... h State of Florida and work out paid into the Florida State where an individual worked so the ways that we could bring Mr. Bader: Commissioner, could I answer the question? Mr. Plummer: You could try, everybody else has! I'm still in a quandry. Mr. Bader: The Department of Wage and Hour, which is the Department that has to regulate the Davis -Bacon Act, is very specific as to how fringe benefits, pension funds, health insurance, apprentices, should be paid in the event that the employees are nonunion. In the case of the Homestead Air Force Base, it was mentioned earlier, those people are open shop working under Davis -Bacon 106 September 8, 1987 1 'A F 1 t regs. They must under law, put into the pay check, the specific cents per E hour that are outlined, that are delineated in the Federal register for ' pensions. They must put into the pay check and pay payroll burden on, which is important for a nonunion employer. The health and welfare cents per hour, which are delineated for carpenters, for electricians in the Federal register; hospitalization, pension, they are all shown to be so many cents an hour, or a percentage of the base wage that is shown. That goes into the pay check and the Federal government is blind as to whether that employee actually uses that money to go out and buy a pension plan or whatever. Mrs. Kennedy: So, this will, by the same token, force a contractor to pay everybody the same, whether it be a carpenter, or an electrician, or a plumber. Mr. Bader: Absolutely... Mrs. Kennedy: Correct. Mr. Bader:... and I might point out that there is no helper category under the Davis -Bacon Act. You are either a journeyman, or an apprentice. That's it. Mr. Plummer: Well, we don't have to agree to all of that, either. Mr. Coleman Sippio: Number one, it would not force everybody to get the same the same pay. You are not going to pay a laborer the same rate as you pay an electrician. There is going to be classifications. Now, as far as this ordinance is concerned, the intent of it would be, like he said, the money have to be spent. You cannot take it and put it somewhere and the worker don't get it, but the intent of this... forget about the pensions, put it all under health care, and put it in a trust for the worker, and you will be sure that he will get all the money. Just like J.L. said, if you give it to the worker, he is not going to do it anyway, 90 percent of them, and we are going to wind up, the taxpayers, paying for them anyway, so if you put it in a health plan, and with the insurance going up the way it is, you are going to need every penny of it, and make sure that that man and his family is protected, and he will get the money. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Sippio: Yes, when he is between jobs. You put it in a fund in trust for those people, not the union's control. The City does, or the contractors, but they have to set up a fund with you. The union has got nothing to do with it how you all do that. Mr. Robert Reese: Mr. Mayor, having belonged to a health and pension plan, usually the way they do that, see, you have no guarantee that a laborer, or anybody, a mechanic, whatever have you, is going to go on the job and going to work until time for him to draw a pension, so you know that he is going to move on to another job, so what that money is separated from his welfare and pension plan is separated from his check. It may be itemized on his check what he draws. It tells for his record, where that money went, but that money is put into a plan for that. Now, man, I grant you this, a man... a non- working man, a man who is going to work three months out of the year, maybe he is not going to get anything, but a man who wants to work, and is going to go from this job to the next job, it takes up from that job where he left off on his next job, and goes into that same plan, and from that, he gets his benefits. Now, whether he gets hurt and he goes into the hospital and have a .:a. :,i.., iv� rots*, .: 6uC� U11 1/UW 111.a11y 11%)u2S 11C 11dn W%JrrL-,;. 11 I1C 11as not worked, maybe he don't qualify for it, but if he works, he qualifies for it. You have one of the strongest pension plans right here in Dade County, the Banker's Life. Now, you don't have any problem getting that info, if you need that info, how it is set up. Mr. Plummer: Yes, but you also have a thing called vested rights. Vested right means you have got to work so much, and if he doesn't do it, then that money goes back to the source from which it came. You know, what I am saying, I guess, is the lack in the nonunion side, of any organized program, to guarantee that pension, that if it doesn't in fact, go to that man as pension, and he doesn't get vested rights, that it goes back to the man who furnished the source of income. 107 September 8, 1987 Mr. Meese: Well, immediately, when the deductions start, if he is a new employee, it don't make any difference, it starts, it is set up for you. It depends upon whether he has got the work to keep working or not. That is the only way it is going to be taken away from you, because there are certain things for him, whether he works or not, after you get a certain amount paid in. He can go to a doctor, for instance, for his eyes, get his eyes tested, if he needed some mouth work or something, all that is entered into that plan. You understand what I am saying? Mr. Plummer: I understand what you are saying, I don't necessarily agree with you. Mr. Gus Figueroa: Honorable Mayor, City Commissioners, City Manager, City Attorney. My name is Gus Figueroa, I represent the Florida State Council of Carpenters. Director of Organizers is my official title. I have been hearing this debate throughout the State in regards to Davis -Bacon, and one oversight that is always made in regards to all these studies that are provided. We can also provide as many studies from universities, D.O.L. etc., from other agencies of this government, all right?... that show otherwise, where Davis - Bacon has benefited the community and the working man, especially. That is what we are talking about here. We are not talking about anybody else but the working man being afforded the opportunity to earn a decent wage, and decent benefit packages in his own town, and primarily the reason for that, when we see figures of over inflated, ten, fifteen, seventeen percent, over budget, etc. , and so on, who is kidding who? There isn't a project that this City let's go, let's out, or the County, or the State, whatever public agency, that doesn't put out for competitive bids, so when the numbers come in, if they are not within budget lines, they are thrown out and re -bid again, like it is done in the past with the Federal government on these other Federal Davis -Bacon wage jobs, so who is kidding who with these inflated numbers? The bottom line is, that the working men and women of this country, and this city right now, are being deprived of what is appropriately theirs. If there are City funds being expended in regards to these construction projects, they ought to earn their fair share, and that is what we are here for. It is not a union, nonunion issue per se, and like the gentlemen earlier reflected, sure, most of the projects of this town are open shop right now, in regards to Davis -Bacon, and they are being done under that umbrella, but the fact is, there are so many number of games being played with these employees, that they are not getting their fair share, and in regards to fringe benefit funds, sure, the employee needs the Federal government as guidelines in regards to Davis -Bacon, that the employee must receive that money in the pocketbook if an alternative appropriate fund is not set up for that specific benefit. The issue regards apprenticeship program in training, it involves pension plans, it involves fringe benefits such as health and welfare for the individual and their family members, and so on. Now, some of these individuals are collecting this money, all right? Some of them are being reclassified into lower categories where they are not getting their fair share, and the fact that there is lack of monitoring in the marketplace in some of these particular projects right now, is hurting the specific working man out there, and woman. I like to point those specific issues because they are very important and when you are putting out a project for a specific bid, you get specific numbers and you make your decision according to the specific requirements you set up by that contractor in this City Commission, so when we are talking about inflated numbers, the numbers are still the same, they are not any different and unless anybody can show otherwise through appropriate studies, so be it. Thank you. Mr. Walt Walkington: One thing, Mayor. Walt Walkington, I live here in the City, 2248 N.W. 4 Terrace. We talk about these projects and how they go on. I think the best example that I can come out with, and I had watched it first hand, was the arena. We watched the problem go on over there in regards to labor, over a form work, and as the problem grew out, they finally established a way of meeting the situation. They hired union labor. This was under the same contract that went in there prior with nonunion labor. Now, I've only got the hearsay from the man on the job that worked there. The job is running behind schedule and under cost. When they took the job over with this union labor, and I only use that because is the type. I don't like to say it is union labor, but it was fact that it was. They changed it around, the organization, the operation and the training of the proper people in that work, over the nonunion situation, brought about a better situation. They came out of the hole, had money ahead and they were running ahead of schedule. Now, this was on a job that was set cost, and it didn't affect the price, whether it was nonunion, or union. It showed that with proper training and 108 September 8, 1987 staff, people sought out by the community right here, because there were Commissioners very much concerned at that time that we use local people at that site. This was all brought about and done in that manner as the man met his condition. inwardly, that subcontractor was the reason for the general contractor also to go union and getting staff people from the area, working here that was trained in ability to come about. 1 just wanted to cite that for the benefit of cost factors. Mayor Suarez: Thank you. OK, that wraps up the discussion. Commissioners? Mr. Carollo: i am ready to make the motion on first reading on item 61, for approval. Mr. Plummer: Well, under discussion, I still have got a problem. You know, I think it is only fair that this City has gone the nth degree to try to hire minorities and put them to work, and local people and put them to work. I don't know how we can do that without going the second step and that is to make damn sure that they are paid what their fellow workers are paid. They have the benefits of medical insurance, and even a pension, if it is available. And here again, I am not speaking to union, nonunion, but in the nonunion side, if you pay that money, there is no organized way of paying those monies in to assure that that which this Commission I think maybe was trying to accomplish, would be accomplished! I mean, if you have got to take whatever the equivalent "X" dollars are for medical insurance, and "X" dollars for pension per pay check, and you have got to put it in his pay check and he doesn't have, or mandated to take out the medical or the pension, you and I know damn well that he is probably is not going to be doing it. He is probably going to put it in his pocket, and he is going to forget about it, and then, we have got to worry about his family, we have got worry about him, because these ordinances which are before us today, only speak to City projects. They do not speak to the private sector, only to City projects. Now, I've got a problem and I've got to admit it, that I cannot vote to take and put that money in this man's pocket. I want to vote today to make sure that this man is paid adequately, and I also want to make sure, with the backing, that he is going to have health insurance and if a pension is available through any kind of organized labor, or organized system, that he will have a pension. But, here again, I cannot sit here and vote to give him "X" number of dollars for his salary. If he was a union member, by God, the union is going to collect the insurance for medical, they are going to collect for the pension, and he is not going to go home with any more money. Here we are talking about under these circumstances, as I see it, unless I am wrong, that this man can go home, with not only the same as a union scale, or prevailing wage, he can go home with the medical insurance money in his pocket and he can go home with the pension money in his pocket and in effect, he is making more money than the union man, but he doesn't have the benefits. Now, somebody has got to clear that up for me. Mr. Dawkins: This is a first reading, there is no law. We are attempting to establish a law and a procedure and if necessary, as I said before, we need to find the methods and the methodology by which to tie this into, if for no other better pension fund, the Florida State Employment system that is already in place, that already has got people paying into it and when we pass the legislation here, we must legislate that this money will be deducted from your salary and paid to this fund. That is what we have to write into it, if we are sincere. Mr. Carollo: I think the bottom line is that this Commission has to go on record into saying that we are going to make sure, from whatever we can from our level, that we are going to attempt to be as fair as any governmental body can possibly be in dealing with workers. I think that all the arguments in the world can be given, which I don't agree with, that this is going to immediately raise the cost in the front end. But, even if some of those arguments are valid, which I don't believe so, in the long run, and at the end of the whole project, you are going to be paying out even more, because when some of these people get hurt, have problems, we are going to have to take care of them. There is not going to be anybody else coming in here, and those dollars come from somewhere. They come from the same taxpaying dollars that all the others do, so I feel that by us approving this ordinance, that if anything, what we are going to be accomplishing is, making sure that our workers are better protected. The contractors are going to make less money, yes, but the workers are going to make a little more and in the long run, I think the prices are going to be the same prices that we are paying now. The 109 September 8, 1987 only major difference is going to be that some contractors are not going to snake as much as they have had in the past, that is the only major difference. Mr. Plummer: 1 would like to ask, whoever, that I don't find spelled out... it says, "...providing exceptions for certain existing construction projects." I don't find a list of those that are exempted. Mr. Carollo: Those are all the ones that have been approved and we have signed contracts with already, that obviously once this is implemented, you cannot go retroactive and force it upon them. Mr. Plummer: All right, so in other words... Let me ask a question, just for an example - the substation of the Police Department. Mr. Carollo: Any contract that has already been approved... Mr. Plummer: It has not been signed, Joe. Mr. Carollo: ... before this goes into effect. Mr. Plummer: It becomes of law, OK. And Madam City Attorney, as I understand, and I am reading here from the exemptions, this is basically City projects. Mrs. Dougherty: Correct. Mr. Plummer: And anything under $5,000 is exempt. Mrs. Dougherty: That's right. Mrs. Kennedy: Can you give me an example of anything you can build under $5,000? Mr. Plummer: Yes, 20 little outhouses! Mr. Carollo: It used to be that you could build a chickee for that... used to be ! Mr. Dawkins: Under discussion. I would like for both sides, since you have the stats and etc., to show me where, as you said here, in Alachua County, that taxpayers saved $842,000. See if you can get the number of people, the number of laborers, or construction workers, who went to Alachua County Hospital and received welfare hospitalization, and go down this line, and if you show me that, then I can intelligently talk about taxpayer's savings. But, when you just arbitrarily put a number down here, and tell me that this is a taxpayer's saving, and I know that some kind of a way here, those people had to get hospitalization, or whatever, then I would appreciate that from the two of you. Mr. Carollo: But, Miller, even so, not having those numbers, which is something that we are both bringing up, I question the fact that those savings are all accurate. I cannot believe all those savings are accurate at all. Mr. Dawkins: They are not! Mr. Plummer: Well, I think that the... Excuse me, go ahead. Mrs. Kennedy: No, I just wanted to say, and Gus, you were so eloquent, you almost made me change my vote, but in voting against this, I see the other side. I see a lot of local contractors being discouraged from coming into the City and this could create a ripple effect in the whole economy. We have time to meet on this again, this is only first reading, but I think it is more than what we are talking about. Mr. Carollo: Let me say this, I don't see it as affecting at all local contractors. Whether the amounts that are going to be paid for contracts stay the same, which in my opinion, are going, to, or they go up slightly, as some here are saying that it will, that means that all the contractors that bid for a job are going to be bidding, based upon what that job is going to cost them to construct. So, I don't see how that is going to hurt local people at all, because you can be sure that everyone bids upon the numbers that is going to 110 September 8, 1987 cost them to construct, and again, I have to emphasize this again, the area that I definitely see it having an impact on, is under pretty hefty profits that come contractors make. They are going to have to be satisfied with making less of a profit and giving their workers more. Mayor Suarez: OK, we have a motion. Do we have a second? Mr. Vice -Mayor, you seconded it, right? Mr. Plummer: On what? Mayor Suarez: On item 61, first reading. Mr. Plummer: Mr. Mayor, I have no problem of seconding it, I have expressed my concerns, it is a matter of first reading, it does not preclude my right from voting against it on second reading and unless my concerns are, I mean answers that I can understand and be given the assurances, I would not vote for it on second reading, but I think let's get it on its way, let's get these studies done. One thing, Mr. Manager, our lobbyist has surrendered a letter stating that the cost of projects would go up 25 percent. Well, let me tell you, at second reading I want him here and I want him to explain to me how he came about that number of 25 percent. Mayor Suarez: He is referring to the Syl Lukis letter, so he better come down and see where he got his projections. Mr. Plummer: I mean, I don't want people pulling numbers out of the air. If that is a true figure, let's deal with and let's understand it, and if it is not a true figure, let's discount it and come about what is reality or things of that nature. I have no problem in seconding the motion to start the wheels to look at this thing, prior to the second reading, but I want to make it very clear that the questions I have raised here today, that if they are not good answers by the second reading, you have got a problem with me. Mr. Carollo: Dan, can you make sure that a representative of the group from your side that is here today meets with Commissioner Plummer before we have the second reading so that you could explain to him your points of view on it. Likewise, with the other side. Mr. Plummer: Yes, because you see, I want to tell you, I have a tendency to vote against 61, because 61 says you have got to establish the fund and put the money in the man's pocket. Mr. Carollo: No, 62, you are saying. Mr. Plummer: No, item 61. 62 mandates the medical. Mrs. Dougherty: No. Mr. Plummer: No. Mrs. Dougherty: The other way around. Mr. Plummer: The other way around? Mr. Carollo: Yes. Mr. Plummer: OK. Now, I am going to vote for 61 and for 62, but I flat out said, and I'm going to back it up, that I want him to have the medical insurance... Mayor Suarez: Wait, wait, I think we've got a confusion. Madam City Attorney, 61 looks like that standard prevailing wage, Davis -Bacon Act wording. 62 is the one that requires the medical insurance. Mrs. Dougherty: That's right. Mr. Plummer: But not... I'm talking about, where I've got the problem is, that you don't provide the insurance, but you provide the money and he puts it in his pocket. That's the one I've got a real crux with. Mrs. Dougherty: If you pass both of them, and then don't have an option for the medical insurance, but we have not solved your problem with the pension. ill September 8, 1987 Mr. Plummer: OK, I am going to vote for all of them today, based on it being first reading. Let's get it started, let's look at it. It won't be the first time I've changed my vote between first and second reading. Mayor Suarez: Any further discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE RELATING TO CONSTRUCTION CONTRACTS AFFECTING THE CITY OF MIAMI; PROVIDING THAT THE RATE OF WAGES AND FRINGE BENEFIT PAYMENTS FOR ALL LABORERS, MECHANICS, AND APPRENTICES BE NOT LESS THAN THE PREVAILING RATES OF WAGES AND FRINGE BENEFIT PAYMENTS FOR SIMILAR SKILLS IN CLASSIFICATIONS OF WORK AS ESTABLISHED BY THE FEDERAL REGISTER; REQUIRING POSTING OF NOTICE OF COMPLIANCE WITH THIS NOTICE; PROVIDING FOR PREEMPTION WHEN SUCH CONSTRUCTION CONTRACTS INVOLVE FEDERAL FUNDING; PROVIDING EXEMPTIONS FOR CERTAIN EXISTING CONSTRUCTION PROJECTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CITY CODE. Was introduced by Commissioner Carollo and seconded by Commissioner Plummer and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. NOES: Commissioner Rosario Kennedy Mayor Xavier L. Suarez ABSENT: None The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 50. FIRST READING ORDINANCE: PROVIDE MEDICAL INSURANCE FOR LABORERS WORKING ON CITY CONSTRUCTION CONTRACTS. Mayor Suarez: Item 62. Mr. Carollo: I so move. Mayor Suarez: Move 62. Do we have a second? Mr. Plummer: I'll second it Mr. Mayor, as previously stated, with the first one. Mayor Suarez: The second reading on the first ordinance is what, 30 days from today, right? Mr. Plummer: No less than 30 days, Russ. It could be more if they don't have answers. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Well, by law, we can't have a second reading, unless we declare it an emergency, for 30 days, and advertise it. I assume, we all understand, the second reading is going to come about when these answers are ready to be presented to the Commission. That doesn't necessarily mean 30 days. It could be 30 days, or it could be longer. Mayor Suarez: Do we have a motion and a second on 62? 112 September 8, 1987 0 Ms. Hirai: Yes, sir, we do. Mr. Plummer: I thought Commissioner Carollo moved it. I seconded it. Mayor Suarez: Read the ordinance. Call ther roll. AN ORDINANCE ENTITLED - AN ORDINANCE RELATING TO CONSTRUCTION CONTRACTS LET BY THE CITY OF MIAMI; PROVIDING THAT THE CONTRACTOR OR SUBCONTRACTOR ESTABLISH AND ADMINISTER A MEDICAL INSURANCE PLAN FUNDED WITH EMPLOYER CASH CONTRIBUTIONS OR BY THE POSTING OF A BOND TO COVER ALL LABORERS, MECHANICS AND APPRENTICES EMPLOYED BY ANY GENERAL OR SUBCONTRACTOR TO PERFORM LABOR ON ANY AND ALL CONSTRUCTION CONTRACTS IN WHICH THE CITY OF MIAMI IS A PARTY; PROVIDING THAT THE PLAN HAVE SIMILAR PROVISIONS OF PLANS CONTAINED IN LOCAL COLLECTIVE BARGAINING AGREEMENTS; PROVIDING FOR EXEMPTIONS WHEN OTHER LAWS APPLY; PROVIDING FOR EXEMPTIONS WHEN A CONTRACTOR OR SUBCONTRACTOR IS A SIGNATOR TO A VALID COLLECTIVE BARGAINING AGREEMENT THAT PROVIDES FOR A MEDICAL PLAN; PROVIDING FOR THE POSTING OF NOTICE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CITY CODE. Was introduced by Commissioner Carollo and seconded by Commissioner Plummer and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Rosario Kennedy ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 51. FIRST READING ORDINANCE: PUBLIC CONTRACTS TO REQUIRE USE OF LOCAL RESIDENTS AS LABORERS. Mayor Suarez: Item... Mr. Plummer: Well, what is the difference in item 63 and 62. I see in 63, it is basically to post the notice and you call for that in 62, providing for the... Mayor Suarez: This is like a first source requirement here. Bonafide... 63, you are talking about? Mr. Plummer: What is the difference between posting of the notice and 62? Mayor Suarez: Bonafide Dade County residence required. Mrs. Dougherty: You have to require Dade County residents for your construction contracts. It is a first source ordinance. Mayor Suarez: 62 was the medical insurance plan. Mr. Carollo: And, 63 now... Mrs. Kennedy: 63, I have no problems with. The only problem I see is in enforcing it. How every worker from Broward is going to have an address in Miami that he is going to use. Is there any way that we can... Mr. Manager? 113 September 8, 1987 Mr. Carollo: That is better than not having anything now like we don't have established. And there is always ways that people to try to find around an ordinance like this. Mayor Suarez: Am I wrong, Or is this very similar to what we did specifically on the Liberty City substation? Mr. Plummer: Well, the difference that I see is, it is Dade County, rather than the City. Mrs. Kennedy: Right, much larger. Mr. Carollo: Well, what I think we should express in this ordinance, is provide exception when first Miami residents, then secondly, Dade County residents, are not available. Mr. Plummer: You mean after it has been demonstrated that there is not the labor supply. Mr. Carollo: First Miami, the City of Miami. Mrs. Kennedy: Yes. Mr. Carollo: And second should be Dade County residents. Mr. Plummer: I agree with that. Mrs. Kennedy: Yes, me too. Mrs. Dougherty: May I also suggest, Mr. Mayor and Commissioners, that before this ordinance is passed on final reading, there has to be a demonstration and facts provided and the Commission actually make a finding of facts that there is some past discrimination, or past abuse that needs to be corrected by this kind of ordinance. Mr. Plummer: Yes, I'll take you out, as Miller Dawkins says, on 62nd Street and show you all the people not working. Mr. Carollo: Yes. Mr. Plummer: If that doesn't demonstrate it, what else? Mr. Dawkins: And if there is not enough on 62nd Street, I'll take you to Overtown. Mr. Coleman Sippio: The thing before the City is also before the County. Mr. Dawkins: And if that is not enough, we will go to Little Havana. Mr. Sippio: The same three ordinances that came before you today, is also with the County. Mayor Suarez: Right, except do you understand that we want to give preference, assuming this passes to the City first, because that is our jurisdiction, and then County, and so on. Mr. Sippio: Right, I understand that. Mayor Suarez: OK, with that modification, do we have a motion? Mr. Carollo: Move. Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion, call the roll. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Plummer: I've only got a slight problem there. How is the demonstration and who makes the determination as to the first, if and fact, there is not 114 September 8, 1987 adequate City laborers in the City? Does the contractor make that determination? Mrs. Dougherty: The Manager. Mr. Plummer: Or does the City Manager make that determination? Mr. Carollo: I think that determination has to be made by the City Manager's office, it is as simple as that. Mr. Plummer: Well, it is not spelled out. That's why I am asking the question. Mr. Carollo: We could include it in that, if you want, now. I have no problems. Mr. Plummer: I would include there that the City Manager is the one who will make that decision as to the demonstration that it was not adequately in the City. Mr. Carollo: We could include that in there, and as far as I am concerned, that's the office that has to make that final decision, so we will just spell it out clearly. Mayor Suarez: OK, with those modifications, call the roll on 63. AN ORDINANCE ENTITLED - AN ORDINANCE RELATING TO CONSTRUCTION CONTRACTS AFFECTING THE CITY OF MIAMI; PROVIDING THAT ALL PUBLIC CONTRACTS SHALL REQUIRE THE USE OF LOCAL RESIDENTS AS LABORERS, MECHANICS, OR APPRENTICES; REQUIRING POSTING OF NOTICE OF COMPLIANCE WITH THIS NOTICE; PROVIDING EXCEPTIONS WHEN SUCH LOCAL RESIDENTS ARE NOT AVAILABLE; OR ARE INCAPABLE OF PERFORMING THE PARTICULAR TYPE OF WORK INVOLVED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CITY CODE. Was introduced by Commissioner Carollo and seconded by Commissioner Plummer and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------------------------ 52. FIRST READING ORDINANCE: PROVIDE MINORITIES TO BE CERTIFIED WHEN WORKING AS LABORERS ON CITY CONSTRUCTION CONTRACTS. ---------------- ------------------------------------------------------------- Mayor Suarez: Item 64, Commissioner Dawkins. Mr. Dawkins: I ask that 64 be put on, for the simple reason that we have people claiming to be minorities who are not minorities, and I will cite two examples that caused me to want to do this. On the arena, we had a lady who came in as a structural steel erector, who didn't even know anything about structural steel, about being an erector and she came in with a white guy and she got the contract as a minority, and I see this happening all along, we come in and it is what we refer to as rent -a -person. So what I am saying is 115 September 8, 1987 #. 0 that if Miller Dawkins decides to do an electrical contract, then Miller Dawkins should hold a contract that says that Miller Dawkins is the electrical contractor, licensed by the State of Florida and is a minority, and therefore he gets the job, and that is what I am doing this for, that's all. Mr. Plummer: Certificate of competency. Mr. Dawkins: That is right, certificate of competency. Now, everyone who is saying that is going to hurt people, if it creates a problem, then when you create a problem, you find a solution. There may be individuals out there who cannot, because of their age, because of the language barrier, cannot pass the State Board of Exams. Then, it is up to us, all of us, the industry, the public and the elected officials, to find means through on the job training, by our experience, or etc., and to get these people certified. Mr. Carollo: Miller, I agree with the concept that you are presenting. My concern is, by the time that we find the solutions to get people certified, you are going to get a heck of a lot of minorities hurt in the process. Now, I... Mr. Dawkins: But, how am I... if they hold the competency, how can they get hurt, Joe? Mr. Carollo: Well, what I am saying is, that based upon some of the statements that you yourself made, the language barrier, others, you might have a problem at first. What I'd like to do is just to get some additional information and be able to vote for it, and see if maybe we could... you know. Mr. Dawkins: I'm going to tell you just like I told you about the last three. This is on the first reading. If it doesn't go through on the second reading because somebody's questions were not answered, don't vote for it, but let's don't do no less to this one, than we did to the other three, now. We passed the other three on first reading and said that we would bring them back at the next reading. Mr. Carollo: I'm not going to ask for a deferral, Commissioner. I just want to emphasize my position and I want to make sure that in passing something that we think is going to help minorities I don't want to hurt other minorities, and frankly, I myself need to get a little more information on what effect this is going to have. Mr. Dawkins: I don't have a problem with that, Joe. Mrs. Kennedy: You talk about minority or women -owned businesses in this one. Let's say that I am a woman -owned minority contractor and that I am not licensed... I'm sorry, I'm not certified. I hire the plumber - no pun intended - who is certified but then because I am not... he cannot come and work for me, is that it? Mr. Dawkins: No, that is not what I said. What I am saying is, that if you are the lady and you bid on the contract and you win it, then you should be certified in whatever you want it in, and then you can go hire anybody you want as a subcontractor, but I am saying that you should not be able to win the contract on the strength of being a lady, and then be able to go out and get a subcontractor who is certified in the area that you need in order to qualify as a minority. That's all I am saying. Mr. Carollo: All right, it makes a little more sense. I'll be willing to go along with it on first reading and until I get additional information for second, but this second part that you've explained to the Commissioner, it makes more sense now. But, again, I reserve the right to change my vote on the second reading until I get more familiarized with what we are trying to do in this ordinance. Mr. Erroll Bader: Erroll Bader, Associated Builders and Contractors. I think Commissioner Carollo, your first impression is probably correct, because, let me give you a scenario. Commissioner Kennedy wants to start a plumbing contracting business, and she is a woman, so she would normally be eligible to be a woman business enterprise. There is nothing in the Florida statute 489, which is the State law which covers all of construction industry licensing, that would prohibit her to hire someone with a proper certification to qualify that company, so under the present law, she could go into business as a minority and have the proper competency to qualify her company, but ... 116 September 8, 1987 r 0 Mr. Carollo: Might hire someone else. Mr. Bader: The way that this works... or hire someone else, under the employ of her company. But, under this ordinance, she would not be able to do that. I think in that vein, it might dampen your ability to encourage entrepreneurs to go into the minority contracting business. Mr. Dawkins: That is not... that is why I am trying to present the ordinance. Just what you said has been happening, and no reflection on... but it is happening out here every day! Mr. Bader: Yes, sir, but I think the way it is written is the reverse. Mr. Carollo: For the record, she is not going to go into any business now, so... Mr. Dawkins: Are you sure? Mr. Plummer: And for this record, this Plummer ain't working for her! Mrs. Kennedy: She's not using the plumber either. Mr. Dawkins: I've sat here, I've seen it happen. I see it happen every day, I see people come in with minorities and they put them down as 51 percent, and they don't know what a hammer is, let alone a nail, and that's all I am saying, and like I've said, like I said to you, and I've said to all of us, let's get something down, let's look at it, let's refine it, and let's come up with what is the best for the City of Miami, that's all I am saying. Mayor Suarez: Do we have a motion and a second on item 64? Mr. Dawkins: I moved it. Mr. Plummer: Second. Mayor Suarez: Seconded, any discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE RELATING TO CONSTRUCTION CONTRACTS LET BY THE CITY OF MIAMI, REQUIRING OWNERS OF MINORITY AND WOMEN BUSINESS ENTERPRISES SUBMITTING BIDS FOR CONSTRUCTION CONTRACTS TO BE CERTIFIED IN THE FIELD FOR WHICH THE CONTRACT IS TO BE LET TO QUALIFY FOR THE MINORITY OR WOMEN PREFERENCE ON SUCH CONTRACT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CITY CODE. Was introduced by Commissioner Dawkins and seconded by Commissioner Plummer and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Rosario Kennedy ABSENT: None The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Mr. Carollo: Yes, and as I stated previously, I reserve my right to vote differently, second time around, after I further look into this ordinance. 117 September 8, 1987 r 0 THEREUPON THE CITY COMMISSION WENT INTO A BRIEF RECESS AT 4:42 P.M. AND RECONVENED AT 5:04 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. ------------------------------------------------------------------------- 53. DISCUSSION CONCERNING MODERATE INCOME HOUSING DEVELOPMENT OFF CLAUGHTON ISLAND. Mr. Dawkins: Is Bob Traurig here? He has an emergency, can we hear Mr. Traurig? He has an emergency and he is going to leave, please. Come up, Bob. Mayor Suarez: We can go through these two very quickly? We will take the picture and keep going with all the other items. Mr. Dawkins: Go ahead, Bob. Mr. Robert H. Traurig: Actually, Commissioner, I am here on behalf of Swire, in connection with item 92, in case there was some questions that were to be asked in connection with that, so I don't have an item to present to you. Mr. Dawkins: 92 is mine, I think. Mr. Traurig: Yes. Mr. Dawkins: OK, the only questions I had, Mr. Manager, where are we... and I'm sorry, I got your memo, but I asked that you have those individuals here. Mr. Pitts has no problem with his building as of now? Mr. Odio: I haven't heard that he has any problems. Mr. Dawkins: What about the other groups? Mr. Odio: Can you give me two minutes? I'll find out. I don't want to say something that... Mr. Dawkins: OK, I will tell you, Mr. Traurig, since you have an emergency, you go ahead, and anything that I find, I will call you. Mr. Traurig: OK, that is fine. Thank you. Mr. Dawkins: OK, thank you. Mr. Plummer: Well, hold on, so it is not misleading. I am going to be bringing up later, not in reference to 92... what was your other one, Bob? Mr. Traurig: That is the only one, sir. Mr. Plummer: Now, I have no problem with 92. I do have a problem, Mr. Mayor, and I don't know if my colleagues have been receiving the same phone calls that I have, but it seems as how, we... if they put in an impact fee, and there were certain exceptions from that impact fee, which the department is now not understanding, I don't think, I could be wrong, the same way we understood it. Impact fees were not to be applied towards affordable or low cost housing. Mr. Odio: Projects by the City of Miami. Mr. Plummer: OK, now, some people went down there and some people have been quoted I think, $1,500 per unit. I am asking that the impact fee be brought back up on the next agenda, which is zoning, where it belongs, and if there is any false impressions or if there is any misunderstandings, let's get them clarified, so... Mr. Odio: OK, because it does in City projects. Mr. Plummer: No, no, it is more than City projects, was my understanding. Mr. Odio: No, that is not what they're doing. 118 September 8, 1987 1 0 Mr. Plummer: Well, you see, that is where the discrepancy is coming. Mr. Odio: City -owned land. Mr. Plummer: I am saying that this Commission does not want to be put into a posture that we want to be said that we are discouraging in any way, low or moderate income housing. It was my understanding that those impact fees would not... more so from the Mayor, as I remember, did not want those fees applied towards housing which we have been busting our bazookas to get on line. Mrs. Kennedy: Right. Mr. Plummer: All right? Whether it is the private sector or City property, or what. Mayor Suarez: We were also told that they would come out to be approximately $500 per unit, which most of us, I think, deem to be not such a great disincentive that it would stop people from building affordable housing in the City. Now, the figures are more like $1,500, three times the amount! Mr. Plummer: Well, I am asking that the matter be brought back on the agenda at the next Commission meeting, and let's have it for a discussion item, and let's take it from there. 54. ENDORSING IN CONCEPT PLACEMENT OF PARK IN BRICKELL AVENUE AREA; REFERRING SAID ISSUE BACK TO PARKS ADVISORY BOARD AND D.D.A. IN CONNECTION WITH APPROPRIATE SOURCE OF FUNDING. Mayor Suarez: Why don't you go ahead and handle the item, Cheri, so we can get these children back to where they are supposed to be. Yes, go ahead. Mrs. Cheri Lynn Rosenthal: Thank you. Hello, Mayor and members of the Commission. Mr. Plummer: What item? Mrs. Rosenthal: Item number 72. My name for the record, is Cheri Rosenthal. I live at 1915 Brickell Avenue, Brickell Place Condominiums. I am speaking for the thousands of residents on Brickell who feel strongly for the tremendous need for a supervised public park. Many of the residents who are unable to attend today due to work, extended vacations, or having to pick up their children from school and take them home to do homework or prepare dinner. To those of you who were able to attend, and all of you children who are here today to show the Commission your commitment to this project, I thank you all very, very much for coming and for your patience and good behavior. You have been fabulous. As you know, since I first started in March obtaining signatures to petition for this park, my original request was to purchase property within the area to open and maintain a park. However, I do fully realize, that at the tune of $8,000,000, it would be rather difficult and you would be unable to give our kids the immediate attention this matter needs. Through these many months, I have truly been educated in our system of government, with the help of the numerous people in the Parks Department, the Manager's office, Planning Department, the Development Department, we investigated all the possible alternatives. There really is no one park that can fully serve us. However, we feel that Alice Wainwright is at least within the vicinity and certainly large enough to accommodate the many hundreds of kids who live there. The only downfall is, due to the beauty of the hammocks, which no one wants to disturb, it would not be possible to put in ball fields. Virginia Key Park has these facilities, but at this time is under lock and key. Mr. Carollo: It won't be for long Cheri. Mrs. Rosenthal: Excuse me? Mr. Carollo: It won't be for long. 119 September 8, 1987 e op Mrs. Rosenthal: Good, thank you. I have been Parks Department and I believe you all have copies, Mrs. Kennedy: No. given an estimate from the do you? Mrs. Rosenthal: OK, I have some here, if I may hand them out to you. You also have the maps. Did you receive those? OK, I'll hand them all out at once. Mr. Carollo: Are those like the ones that you presented to me, Cheri, when you came to see me, the maps? Mrs. Rosenthal: It is the map with the City of Miami with all the parks. Do you have that? OK, would you all like copies? Mayor Suarez: Why don't you give me both here, and I'll take care of it so you can continue your presentation. Mrs. Rosenthal: Now I have to find my place! One thing that is not a part of this estimate is a suggestion by concerned parents that the County, through the Rickenbacker Causeway bond, pay for an elevated crosswalk, as they feel the children might want to cut across the traffic to take a shortcut. There are two more major points I'd like to bring out. Safety is our number one factor. As we are all aware of, the hammock area is considered home for some vagrants, and they sleep in there, and I certainly would not feel very comfortable sending my child there for fear of some vagrant attacking or molesting any child. Secondly, the Parks Department supplied me with a map which you have now, pointing out all the parks within the City of Miami. When you section these areas off into Allapattah, Coconut Grove, Little Havana, etc., you can see that these areas have numerous parks to accommodate their needs. When you look at the Brickell area, is devoid of parks in comparison and my point is, that tax -wise, if we were to compare the amount of tax dollars we pay in, we sure are not getting our fair share of the pie. In the past, I can understand why we weren't provided the parks. However, in the past ten years, this area has totally changed from a very small community to actually a City within a City, with permanent residents having many young children, and it is time now for the Commission to provide our children with a safe supervised park to play in. For the past six months, day after day, I've been dealing with the Parks Department, the Planning Department, the Development Department, the Manager's office, and you Commissioners. Now, I would truly appreciate a decision on this. If it will help at all to you coming to a decision, I went before the Parks Advisory Board, and Mr. Santiago, and Mr. T. Willard Fair were very supportive of this project. I would like at this time to ask the Commission to make a decision now today, and not to delay, as the children are truly desperately in need of a place to go. After all, it is not as if they have a backyard to go play in, and we are surrounded by concrete. I would like to thank each one of you for giving me your time and courtesy. It has been an honor to be able to speak with you, and before I give up the microphone, some of the kids and some other people have a few things to say. Kids, would you like to come up? I don't know how we can arrange this, but... UNIDENTIFIED CHILD: We want a park with supervision and swings and games and those things and we want counselors to play with, because some of us don't have a backyard, and some of us live in apartments. I'm not one of them, so I don't know what it is like, but it is pretty lonely, I guess. Mayor Suarez: We have always said that it is highly unfair to have children testifying here. (LAUGHTER!) Thank you very much for your statement. Mrs. Kennedy: I think he spoke for the whole group. Mayor Suarez: Very eloquent, brief. Mrs. Rosenthal: I believe Mr. Pete Thomas would like to say something. Pete Thomas. Mayor Suarez: By the way, as you approach the mike, maybe you could tell us, just to be absolutely sure, the total staff cost, and total program costs that you have got estimated here is on a per year basis, right? That's very reasonable. 120 September 8, 1987 Mr. Peter Thomas: For the record... Mr. Plummer: Did you put this together? $5.00 an hour? Mr. Thomas: For the record, my name is Peter Thomas. I live at 1541 Brickell Avenue. The Brickell community is one, as Cheri has indicated, has grown over the last ten years, and particularly in the last three of four years, some of the condominium surplus has been devoured by real families, living and working in the area. The community has asked historically little from the City and has given a lot in return in terms of taxes and I think the time has come for the City to help with much needed parks and supervised parks in the area. Thank you. Mrs. Rosenthal: Where do we go from here? Is there anyone else who would like to speak? Mr. Carollo: We have, I think, one additional person besides Representative Gutman. Ms. Lori Weldon: OK, well, I wanted them to state their case first, or make all their presentations first. Should we finish? Mrs. Rosenthal: OK, Mr. Gutman is here and would like to say a few words. Mr. Al Gutman: Thank you Mr. Mayor and Commissioners. Cheri Rosenthal... Mr. Dawkins: State your name. We don't know who you are, and your address. Mr. Gutman: That's because you are living in the wrong area. You don't live in district 1051 Mr. Dawkins: No, you live in the wrong area! I live in the right area. Mr. Gutman: My name is Al Gutman. I am with the Florida House of Representatives, and I live in 2451 Brickell Avenue. Everything has pretty much been presented, I think. Mrs. Rosenthal has been very thorough in looking at the options that Brickell has to offer for its residents in regards to recreation, and that this is probably the best thing that Brickell can get. We would love to see a bigger park, but this is as good as we can get, and we hope that you can pass this on to us and our future generations. As you saw, the children want it, and I need a park to play in too! Right, J.L.? Thank you very much and please approve this. Mayor Suarez: Thank you for your presentation. Lori. Ms. Weldon: My name is Lori Weldon. I reside at 160 N.W. 44th Street, and I think I am about to become very unpopular, but "into each life a little rain must fall." I respect the fact that you need a park for your children to play in. I am all in favor for any program for children, but when you said that according to the taxes you paid, you are not getting your piece of the pie, your fair share piece of the pie, that is what got to me, because you are saying on the basis of where these parks are located throughout the City and the sections they are broken down into... In the area of Liberty City, the Edison area, Model City area, we have our share of parks. We also have our share of indigent families that cannot afford to take their children to other areas for recreational activities, such as Metrozoo, or Vizcaya, etc. Those parks are there because they are the only outlet of recreation for the children in the area. I understand you want a supervised area for your children to play in, but respectfully, you have the means and transportation of which to take your kids to Bayfront Park, which will be opening soon and at this point in time, the parks in the City of Miami are under such a crunch that they want us to split $8,000,000 among all of those parks you saw in that map, and it is just not enough. If you had attended... I don't know, did you attend any of the public hearings for parks? And if you head where the problems that exist in Reeves Park and the Overtown Park and our parks, when it comes to this, unpopular as I may become, I will fight it tooth and nail, because we don't have in the Black sector, in the poor sections of town, the facilities we need for our kids to play; and if we add one more park on this budget, that is going to cut it even more. Now, if in every family in my area could not be here because they wanted to extend their vacation, I would have no problem with this, you see what I am saying? But, there are places within the City of Miami that are not too far from Brickell that these kids can play 121 September 8, 1987 in. And what I am saying to you is a matter of need in the areas where a lot of these parks are located. It is not that we have been blessed, or we have been favoritized. It is just a need that they are there. It is the only recreation that these families can afford. Mayor Suarez: Thank you for your statement. Mrs. Rosenthal: I'd like to just address your comment, if I may. It is not a question of taking away from anyone. It is not a question of your needs or my needs. Everyone has needs, and as far as those that are more fortunate than others, I give to everything that I possibly can. My husband as a joke one day submitted a bill to me to make a donation to his cause because I believe in that. However, we too are a neighborhood, and I don't know of any other neighborhood that does not have a park, and I really feel that there is a need. We don't have even have decent schools in our neighborhood, where we can give our kids an education. Should we be in our car all day long, driving from different neighborhoods to different neighborhoods? We are living in a community. We have developed it into an area where there are families living there and I really do believe that they are entitled. I'm not saying you are not entitled. I am not trying to take from you to give to me, but I just asking that we be giving something, because we have nothing. Ms. Weldon: Well, like I said, when you made the statement of your share, it was sort of an implication to me... Mrs. Rosenthal: Well, I am sorry if it offended you. I apologize, but it wasn't meant in that respect. Ms. Weldon: OK, fine but, all right... Mayor Suarez: Believe me, we are a lot more attentive to need than we are to some kind of distribution based on contribution, and I think and your point is well taken. Mr. Carollo: I... Mayor Suarez: Commissioner. Mr. Carollo: I'd like to applaud the efforts from all these parents and kids that we have here today. They have taken the interest to make sure that that area of Miami, where they live in becomes a little better for their kids and other people's kids, and particularly, I'd like to applaud the effort that in time and energy that Cheri has put into this. She has come to see me. I know she has been all over the City of Miami seeing everyone that she has to make this a reality. I think that the number one asset that any community can have, and certainly this community has, are its kids and that area of Brickell has a tremendous large population that lives here. You have quite a few very, very large condominium apartment buildings that have a tremendous amount of young families that live there, and unfortunately the kids don't have really the adequte areas where they could go and play and let their energies loose and meet new friends and get involved in the kind of activities that you want to make sure that kids at an early age do get involved in. I think that what is going to cost the City of Miami to make a playground a reality in this park that we have already and in making the connections so that the parents can walk with their kids there, it is really a very small amount compared to what other things would cost us if we don't put our main energies with our young people, particularly at an age where we can make a difference. One of the things that I don't agree with and I don't like is the fact we are told we cannot have a baseball field in that park also. I think we can. Nevertheless, while we are working at that, I don't see any problems whatsoever in being able to open up the baseball, softball field at Virginia Key. That's another great asset that this City has, and it is going to be a major area of attraction for all Miamians to go to, but I am more than willing to make a motion that we approve this request that is being made. I think it is a very reasonable request. I think Cheri and all the parents here have been quite conscientious, very reasonable, OK, what they are asking for is certainly within the reach, very much within the reach of this City, so I will make a motion that we approve what they have asked for, but would like to include that the City again goes through that park, and I want to be part of it, to study the possibility of also placing a baseball/softball field there, not just using the one at Virginia Key. 122 September 8, 1987 Mr. Dawkins: Mr. McKenzie... I'm sorry, go ahead. Ms. Kennedy: No, no, go ahead. Mr. Dawkins: Go ahead, Mrs. Rosenthal. Mrs. Rosenthal: I didn't say anything. Mr. Dawkins: Mr. McKenzie, at one time the City of Miami allowed us to create a special taxing district of Brickell Avenue, is that correct? Mr. Roy Kenzie: Yes, it is. We extended it down to 15th Road. Mr. Dawkins: Hold up the mike a little bit, please. Mr. Kenzie: Sorry. We extended the D.D.A. boundaries down to the end of the commercial district, which is basically 15th Road, where the Interterra is, and came down and took in the nonresidential properties just before Bay Point. Mr. Dawkins: Well, is there any way, I mean, I am asking for information. Mr. Kenzie: Right. Mr. Dawkins: Is there any way any of those special taxing funds can be utilized to establish playgrounds? Mr. Kenzie: It would have to be within the district and that's within the commercial district north of 15th Road. See... Mayor Suarez: Even if it benefited people within the district. Mr. Dawkins: People who live in there are people who you are taxing over there outside of 15th Street Road, want to send their children there, we still can't do it? I mean, I am asking you as the expert. I'm not... Mr. Kenzie: I would have to... the funds that are generated within the D.D.A. taxing district are spent within the district. Now, there are parks within the district, which is the Mary Brickell Park, which is within the D.D.A. district, and we have been looking at... Mr. Dawkins: How large is it? Mr. Kenzie: It is a very small park. You couldn't put baseball diamonds or playing fields in it. Mr. Carollo: Well, we just gave you a park for the district. How about that? Mr. Kenzie: Which, Wainwright Park? Mr. Carollo: You guessed it. Now you have a park for the district. Mayor Suarez: A lot of the people who are contributing from the district would benefit, I would think, including the people who work and the people who live within the district. Mr. Kenzie: We could look at it and see what we can do. That's all. Mr. Dawkins: Look at the possibility. Look at the possibility, will you please? OK, Mrs. Rosenthal has told you before, and I am going to tell you now. I am not only concerned about what you have here, but you and I both are concerned about the quality of care for the youngsters at all parks. Mrs. Rosenthal: Absolutely. Mr. Dawkins: So, this just is maybe a step where we can begin to show what a park is supposed to do, and then this Commission must search its conscience and come up with this at each park, OK? Mrs. Rosenthal: I agree with you. Absolutely. Mr. Dawkins: Now, I'm like... I'm for everybody else, I've said it. I'm going to say it now, OK? We have reduced the millage, OK? We have said we are going 123 September 8, 1987 r 0 to provide the same level of services to the people in the community with less money. I don't see how we can do it, but they say we can do it, and you and I are going to make them do it, all right? So, I second Joe's... did you get a second? Mr. Carollo: No, I haven't. Mr. Dawkins: I second Joe's motion. I don't know where the Manager plans to find the money, but he cut the millage, so he must have plenty of money, so therefore, I second the motion. Mrs. Kennedy: Let me just... under discussion... Mayor Suarez: Commissioner Kennedy. Mrs. Kennedy: First of all, I emphatize with you. I lived in New York with my child, my boy, and every time we came to Miami, we'd spend hours smelling the grass, so I know the feeling, but I think that we have a process here. We have two alternatives, take it out of the General Fund, and I don't think the Manager is going to recommend that, or schedule the park hearings, and then hear the recommendations, hear the parks recommendations and then... there is a hearing tonight, OK. Well, I don't see how we can do anything before the hearings are over. Mayor Suarez: When are the recommendations supposed to get back to us? The next Commission, the next general session? I would be disposed to vote with the motion if it was a recommendation to the committee, but always giving the ability to the committee to make up its mind during its deliberations. Frankly, on the capital side of this, I can't imagine not coming up with this kind of money. I think you have done a magnificent job, and if it is D.D.A. money, or donated money or a special taxing district money, or whatever it is, we really should be able to come up with something for the kids in that vicinity to be able to take advantage of a park with some kind of facility, some kind of playing field, some kind of supervision, and that would be the way I would vote on it. Mr. Dawkins: Mr. Mayor, we the Commissioners, have to accept blame for this. When we sat here and allowed the builders to build these concrete monsters on Brickell Avenue, and we did not demand that provide this kind of recreational area, that is our fault, see, and we should not penalize these kids for us not having the guts enough to tell the builder that he can't put five more apartments there instead of a playground. Mr. Plummer: That's why we got impact fees. Mr. Dawkins: But you just said this morning you don't want them. Mr. Plummer: No, no, that is not what I said. Mr. Carollo: Anyway, we have a motion, there is a second. While I respect the work that the Parks Committee has been doing, I think that this certainly is a very reasonable request that I, at least for one, feel obligated in voting for. I think that that area doesn't have a facility like this that other areas of Miami does have and you have a tremendous, a tremendous amount of young people there that we are neglecting. Mrs. Kennedy: OK, let me make a substitute motion, because we are talking about $83,000, to make a recommendation to the Parks Committee and the D.D.A. as well, and see if we can find the money. Mayor Suarez: I second. Mr. Plummer: Substitute motion takes priority over the original motion. Is there any discussion on the substitute motion? Hearing none, the motion is then understood. Mrs. Rosenthal: May I just ask a question? Mr. Plummer: Excuse me? Mrs. Rosenthal: Before you finalize that, I have a little bit of a question. I'm a little confused here. You are suggesting that we wait until October 8th 124 September 8, 1987 to make a decision7... but the decision is going to be yes, it is just a matter of where the money is going to come from? Mrs. Kennedy: Well, it is ultimately ours, but you have to go through the Parks Committee. We have established this committee. We are holding hearings throughout the City to see how we can invest the $8,000,000 throughout the City parks. I think it is only part of the progress, you know, to go through these committees as every other park in the City is doing. Mr. Carollo: Commissioner, I respect your opinion on that, and I know you are being sincere, but we didn't go through waiting for committees to give us their opinions on the many other funds that we spent. When we spent close to $30,000,000 on Bayfront Park, we didn't go through committees before we decided to go ahead and spend those funds. Now, if we were looking at a tremendous amount here that would come to hundreds and hundreds of thousands, I could understand that, but I think this is such a reasonable amount that is being asked for. These people have behaved like very few times that I have seen any community group come to us. You really, you know, should be applauded for the professional manner that you have handled this. You have gone through every single channel that you needed to. You have made sure that every one has explained what you were asking. I for one feel that their request is a very reasonable request and we shouldn't be waiting any longer for this. It is not that great of an amount. Mrs. Kennedy: I'm sorry, I couldn't agree more with you. I am just saying there is a process that wasn't established before. We now have a Parks Committee, and we should respect the process, that's all I am saying. I am for you, believe me. You have done a wonderful job and we need to get the kids off the street and in the park. Mrs. Rosenthal: These kids, they really have nowhere to go. They really don't. They get chased in the parking lots because they are riding their bicycles and it's not fair. They are just being kids. Mr. Carollo: Your motion is that we wait? Mrs. Kennedy: Just until we are finished with the park hearings, that is all I am saying. Mr. Carollo: No, can you go over your motion again? Mrs. Kennedy: To wait until we finish with the park hearings and try to get the money through that parks improvement program, or through the D.D.A. Mr. Dawkins: Under discussion. Mr. Plummer: Commissioner Dawkins, on the substitute motion. Mr. Dawkins: On the substitute. The $8,000,000 that we have is not enough to service the present parks that we have. Therefore, I am not looking to the $8,000,000 for this money. I am looking to find it anywhere the Manager can find it. Mrs. Kennedy: OK. Mr. Plummer: Any further discussion on the substitute motion? Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 87-821 A MOTION ENDORSING IN CONCEPT REQUEST RECEIVED FOR PLACEMENT OF A CITY PARK IN THE BRICKELL AREA; FURTHER REFERRING THIS ISSUE BACK TO THE PARKS ADVISORY BOARD AND THE D.D.A. TO SEE WHETHER THEY CAN RECOMMEND THE APPROPRIATE SOURCE OF FUNDING IN CONNECTION THEREWITH. Upon being seconded by Mayor Suarez, the motion was passed and adopted by the following vote- 125 September 8, 1987 f 0 d AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. NOES: Commissioner Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: None Mrs. Rosenthal: I just hope... thank you. Mayor Suarez: And prior to that, if you would like to make a presentation to the D.D.A. board, Cheri, just work it out with my staff... Mr. Plummer: Mr. Mayor, I would only... Mr. Mayor... Mayor Suarez: ... or with Mr. Kenzie, who is right back there. Mr. Plummer: Mr. Mayor, I would ask that these figures be gone over. As I look at these figures, I think that is misleading. I don't know of anybody that works... Mayor Suarez: Well, the fringes at 7.15 percent is... Mr. Plummer: Yes, well, and I don't know of anybody that works for $5.00 an hour in the City of Miami, OK? When we have day care people that are making $19.00 an hour, I find it difficult to understand how you are going to pay a supervisor... Mr. Dawkins: Mrs. Rosenthal. Mr. Plummer: So I am asking that these figures be massaged. Improvements to a building of $3,000? I don't know what you are doing, but it sure can't be much, not for $3,0001 Mr. Dawkins: I can't speak to the building. When Mrs. Rosenthal and I spoke, we spoke in terms of going to Miami Dade and finding youngsters on work study who are majoring in P.E., and using those youngsters to work in the park. Am I correct, Mrs. Rosenthal? Mrs. Rosenthal: Yes, sir. Mr. Dawkins: And that is what we spoke of. Mr. Plummer: Is that legal, Mr. Manager? Mr. Dawkins: If they are on work study, and the college give them to her, you damn right it is legal. Mr. Plummer: OK, fine, and you are saying that the fringe package then, Commissioner, is seven point fifteen? Mayor Suarez: That's obviously a bare bones fringe package here, that's... Mr. Plummer: It is obviously no medical insurance. Mrs. Rosenthal: You'd have to direct all those questions. I know nothing about that. Mr. Plummer: It does not? And so if one of the students from Miami Dade Junior get injured...? Mr. Dawkins: Miami Dade got insurance to cover it if they are on a work study. Mr. Plummer: OK, hey, all I am saying is, I don't want to be misleading on this program, but it seems like to me, knowing how the City operates, these figures are extremely low, that is all I am saying. I asked you to go through them again. I don't know... you know, when you start buying equipment for $3,000, you are not going to be buying much equipment. No, this says, "equipment, balls, leathercraft, paints, needlecrafts, macrame, working, etc. etc. for $3,000." That's not muchi 126 September 8, 1987 Mr. Dawkins: It says playground equipment and installation are $20,000. Mr. Plummer: What? Mrs. Rosenthal: But, how much could it possibly cost? Mr. Plummer: What? Mrs. Rosenthal: Those things are relatively inexpensive. $3,000 is a lot! Mrs. Kennedy: Yes, they are not expensive. Mr. Plummer: Well, we are going to make you in charge of Parks and let you do the rest of them in the City, because I want to tell you something, it is far from being what we normally look at! Mayor Suarez: She should be in charge of Parks at $5.50 an hour. Mr. Plummer: Yesl ------------------------------------------------------------------------------ NOTE FOR THE RECORD: At this point the Commissioners had a picture taken with Lucia Dougherty and her plaque naming her City Attorney of the year. ( See label #42 ) ------------------------------------------------------------------------------ 55.A ALLOCATE $6,000 TO FLORIDA INTERAMERICAN SCHOLARSHIP FOUNDATION FOR MARINE STADIUM. B ADMINISTRATION TO ATTEMPT TO REDUCE COST OF IN -KIND SERVICES IN CONNECTION WITH FLORIDA INTERAMERICAN SCHOLARSHIP FOUNDATION FOR MARINE STADIUM. Mayor Suarez: Yes, sir, go ahead. Mr. Pat Fleming: Mr. Mayor, Commissioners, my name is Pat Fleming and I represent the Florida InterAmerican Scholarship Foundation and have requested a personal appearance regarding number 77 on your agenda today. Specifically... Mr. Plummer: What is your emergency, sir? Mr. Fleming: Mr. Lula Rodriguez, and our student Miss Rosa Verdeja must return to class at the University of Miami. She is one of our scholarship recipients and is prepared to address briefly the Commissioners and the Mayor on the role of the scholarship in her life. You have been provided with information regarding our foundation, it is in enclosed in this... Mayor Suarez: Are you basically asking for a waiver of the fees for the Marine Stadium? Mr. Fleming: Yes, sir, as well as sports services that have been budgeted through Mr. Victor Kehoe and Marine Stadium personnel in Parks, Recreation and Public Facilities. To that end, Mr. Jimmy Buffet and a number of other suppliers for the day have donated their services. He will be providing a concert for us, free of his talent fee, and will be doing that for us so that we can dedicate as much of the money as possible to scholarships which will be used locally. These scholarships are designated for Caribbean... Mr. Plummer: I move item 77. Mr. Dawkins: Hold itl OK, second it. Under discussion... Mayor Suarez: Moved and seconded. Commissioner Dawkins. Mr. Dawkins: What local educational institution? 127 September 8, 1987 Mr. Fleming: Yes, these scholarships are directed toward secondary education. The University of Miami, Florida International University, Barry University... currently, 11 students are attending these universities to this date. One of those students is here with us today, Miss Rosa Verdeja from the Dominican Republic. Mayor Suarez: What about Miami -Dade Community College? Mr. Dawkins: I will... Mr. Fleming: Sorry, Miami -Dade has three recipients as well. Mr. Dawkins: Beg pardon? Mr. Fleming: Miami Dade Community College has three recipients as well. Mr. Dawkins: We only got three and everybody else got what? Mr. Fleming: No, I am sorry, there is eleven total, and it is split up among those four institutions that I mentioned. Mr. Dawkins: But, Miami -Dade is included? Mr. Fleming: Yes, sir. They probably have them. University of Miami has the most at this point. Mayor Suarez: Any further discussion? Call the roll. Mr. Plummer: Under discussion. Just so you understand, sir, the policy of this Commission. Any monies you derive from that benefit must be presented to the City Manager for an audit and it has approval before you spend any of the monies derived from that concert, whatever that is. Mr. Flemming: Yes, sir Mr. Dawkins: How much money we talking about, Mr. Manager? Mr. Odio: $22,500. Mr. Plummer: How much? Mr. Dawkins: What? Mr. Odio: $22,500. Mr. Plummer: For the rental of the stadium for one day? Mr. Dawkins: I make a motion we just donate $22,000 to the campaign, to the foundation! Mr. Plummer: No, no, that is not what we are voting on. We are voting on the rental of the stadium. Am I not correct? Mr. Fleming: No, rental of the stadium as well as support services necessary to conduct the event. Mr. Plummer: Oh, ho, you are asking us to give the scholarships! Mayor Suarez: Let's take them one at a time. The waiver of the rental sounds like it will fly. We will have to see about the rest. Mrs. Kennedy: OK, how much is that? How much will the waiver of the rental be? Mr. Fleming: It is basically $2,500 vs. 10 or 12 percent of the gross, according to what I can best read. Mr. Plummer: My motion to approve was based on the rental fee. Mr. Odio: The rent is $6,000. 128 September 8, 1987 f I� Mr. Plummer: $6,000, is what I move to waive. Mayor Suarez: We have a motion understood now. Do we have a second? Mrs. Kennedy: How much is the waiver? Mr. Plummer: $6,000. Mrs. Kennedy: I second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-822 4 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $6,000 FROM 1986-87 SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT f FUND, TO COVER ALL OR PARTIAL RENT OF THE MIAMI MARINE i STADIUM FOR A CONCERT TO BE PRESENTED BY THE FLORIDA INTERAMERICAN SCHOLARSHIP FOUNDATION FEATURING JIMMY BUFFET ON NOVEMBER 29, 1987, AT SAID STADIUM; SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI, INCLUDING RECEIPT OF PAYMENT FOR ALL CITY SERVICES AND FEES REQUIRED FOR SAID EVENT; FURTHER PROVIDING THAT NO CITY FUNDS BE EXPENDED UNLESS AND UNTIL SAID SPONSOR !` AGREES THAT THE CITY COMMISSION SHALL APPROVE IN ADVANCE 4 ANY EXPENDITURE OF PROCEEDS FROM SAID CONCERT AND THAT THE CITY COMMISSION BE ALLOWED TO CONDUCT A POST -CONCERT AUDIT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mayor Suarez: You know, the best we have done on support services is to work it out with the City Manager that they reduce to the maximum... really, to the minimum amount what is needed, and that is what we have been voting on lately, unless the Commission wanted to change its policy on this one. Mr. Plummer: Well, let me ask this question. You are talking about support services of $16,000? Mr. Fleming: Those figures have been enumerated by Parks, Recreation and Public Facilities. They include police, fire, rescue boats, auditor custodians... Mayor Suarez: We have also in the past, more recently done something on solid waste, if that is included in that fee, that you post some kind of a bond, and if the organization makes sure that the place is clean afterwards, we will waive the solid waste fee, if it doesn't require us to actually clean up after. I don't know if the Commission's.... it's outside the City? Mr. Dawkins: What is outside the City? Mr. Plummer: What is outside the City? Mr. Walter Golby: (OFF MICROPHONE) The City does not pick up the garbage. 129 September 8, 1987 1W 4 Mayor Suarez: We don't pick up over there. Mr. Dawkins: Who pick up over there? Mr. Golby: (OFF MICROPHONE) A PRIVATE CONTRACTOR. Mr. Dawkins: Well, whose facility is it? Mr. Golby: (OFF MICROPHONE) The City's. Mayor Suarez: All the more reason. Mr. Dawkins: Whose facility is it? Well, can't we let our people pick it up? Why should we pay somebody else to pick up our garbage? Mr. Plummer: Ha, ha! Here we impose an ordinance making it mandatory for downtown and we don't do it ourselves. Mayor Suarez: Why are you standing up, over there? Mr. Dawkins: Come on, you guys can do better than that now. Mr. Odio: I know why it happened, Commissioner. The Marine Stadium is in the County, even though it is a City property. Mr. Dawkins: I don't care. All right, does the County pick up the garbage? Mr. Odio: No. Mr. Dawkins: All right then, who contracts... sit down, you are not on the agenda, sir. Who contracts with the hauler who picks up the garbage? Who contracts with it? This a major decision, over here. Will you guys be finished before the Pope arrives. Mr. Plummer: Now we know why the garbage doesn't get picked up! Mr. Dawkins: Correct, J.L.! Mr. Odio: When we have an event, the user of the stadium pays for the cleanup. Mr. Dawkins: All right, OK, now, when we have an event, the user of the facility pays for the garbage? Mr. Odio: Yes, sir. Mr. Dawkins: OK, here comes a guy from Calcutta, India, who has an affair, who don't know nobody hauling garbage. Who gets in touch with somebody for him to pick up the garbage? Mr. Plummer: They talk to Mano. Mr. Dawkins: No, it has got to be an American Indian. He is not talking to you. Mr. Odio: That is a good point, Commissioner. We will start doing it. Mr. Dawkins: Beg pardon? Mr. Odio: We will start doing it. Mr. Dawkins: We will start collecting our own garbage and paying our own people? Mr. Odio: Yes, sir. Mr. Dawkins: Thank you. Mr. Plummer: I think in the past what we have done, we should apply here and ask the Manager to work with these people and try to see if there is some way that they can get their service fee reduced. 130 September 8, 1987 4p. r Mr. Dawkins: If we are going to give $10,000, we may as well contribute $10,000 to the Scholarship Foundation. Mr. Plummer: They were talking about $16,000. Mr. Dawkins: No, no, I said $10,000! Mr. Plummer: No, you take $6,000 from $22,000, leaves $16,000. Mayor Suarez: Well, the $6,000 is not out of pocket, if we were not going to rent the place to someone else that evening. Mr. Plummer: I am not arguing that point. The remaining balance is $16,000. Mayor Suarez: Oh, all the way up to $22,000. Mr. Dawkins: No way. Mr. Plummer: That's what they are talking about. Mr. Dawkins: Yes, no way. Mr. Plummer: I'll make a motion that they be sent to the Manager to try to see what the Manager can do to reduce these costs. Mr. Dawkins: And that the Manager's decision is final. Mr. Plummer: Fine. Mayor Suarez: So moved and seconded. Will this be coincident with the Caribbean Conference. Mr. Dawkins: Did you hear that, Mr. Manager? Mr. Fleming: Yes, it will be. C.C.A.A. will begin the next day and it is in conjunction with that. Mayor Suarez: Because maybe some of the City's involvement in the Caribbean Conference could somehow be used in some way to help out with this particular program. OK, so moved and seconded. Any further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-823 A MOTION REFERRING TO THE CITY MANAGER A REQUEST RECEIVED FROM THE FLORIDA INTERAMERICAN SCHOLARSHIP FOUNDATION REGARDING A CONCERT TO BE PRESENTED AT THE MIAMI MARINE STADIUM ON NOVEMBER 29, 1987, REQUESTING THE MANAGER TO MEET WITH THESE PEOPLE TO FIND OUT IF THERE IS A WAY TO FURTHER ASSIST THEM BY REDUCING CERTAIN CITY FEES INVOLVED IN THEIR REQUEST; AND FURTHER STIPULATING THE MANAGER'S DECISION WOULD BE FINAL. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mayor Suarez: You understand the problem, I mean, if in every worthy program that comes up, we make these allocations of money, basically, we may as well just give the money right to the particular scholarship and the City can't be doing that all the time, but we are doing the best we can to reduce your cost. Lula, momentum is with you, but at your own risk... 131 September 8, 1987 n Ms. Lula Rodriguez: Madam Commissioner, Mr. Mayor, Mr. Commissioners, my name is Lula Rodriguez, I am district representative for Senator Bob Graham. His district office is at 44 West Flagler, Suite 650, in Miami, and he has asked me to read this message to you from him. "Friends: Thank you for the opportunity to offer my support for the upcoming Caribbean Music Festival in Miami to benefit Florida's InterAmerican Scholarship Foundation. Top musical acts from throughout the Caribbean, including Jimmy Buffet of Key West, plan to perform in our City. This exciting concert will be good for Miami, good for Florida, and good for Caribbean students who will receive scholarships to our colleges and universities. Florida's InterAmerican Scholarship Program is a success story that makes us all proud. Congressman Fascell and I have introduced legislation in Washington to expand the Florida scholarship idea across the nation. Our neighbors from the Caribbean and Central America are sending scholars to our colleges to learn needed skills. When these students return, they take with them more than an education. They have a life long appreciation for America and its freedoms. They become ambassadors for democracy. The success of our scholarship program has been based on private contributions and fund raising events, like the concert planned in Miami. I urge you to support the Caribbean Music Festival and I look forward to seeing you all there. With warm regards, Sincerely, Bob Graham." Thank you, very much. Mr. Plummer: Thank you. 56. DISCUSSION CONCERNING 1988 BUDGET; POSSIBLE CONFLICT WITH BONUSES TO DEPARTMENT DIRECTORS. Mr. Plummer: Mr. Mayor, is it possible I could ask Mr. Toby to come up and speak. He was going to speak on budget, it is part of the budget situation, but I had told him to be here at 5:05, with the understanding that in fact... Mayor Suarez: Surely, go ahead. Mr. Plummer: Mr. Toby, you wanted to make a comment before the Commission in reference to the cash bonuses given to department heads. Mr. Harry Toby: How much time do you want me to talk? Mr. Plummer: I would assume under five minutes, sir. Mr. Toby: OK. Mayor Suarez: Move the mike closer to you, please. Mr. Toby: My name is Harry Toby, I am a 62 year resident of Dade County. My office is 1395 N.W. 21st Street, in Miami. I am a general contractor. I hold license number one, State certified. My interest in that which I spoke to Commissioner Plummer about, was a conflict of interest, which is evident... Mayor Suarez: Proceed, Mr. Toby. Mr. Toby: If I get everybody's attention, I will be glad to. I'd like to have Commissioner Carollo's and Commissioner Kennedy's attention. For a minute there, I only had one Commissioner out of five. I have something to say. I'd like for the City of Miami Commission who represents me, to listen! Mr. Carollo: Sir, I listen with my ears, nothing else. Mr. Toby: All right. Mr. Carollo: All the other parts of my body don't hear, just my ears. Go ahead. 132 September 8, 1987 0 Mr. Toby: I'd like you to transmit a thought transmission also, Commissioner. The problem that I am presenting here is that of conflict of interest. If you read The Miami Daily News article, that point did not come up. Conflict of interest is self evident when a City department head is in a position to personally gain from a decision and therefore, obviously, there is a built in conflict of interest when it benefits them personally. Whether it does or it doesn't, whether it happened or it didn't, the position is there and should not occur, and that is a very poor way to run a department on a bonus situation in which personal benefit can take place. Now, the department that I am referring to, since I am a contractor, is the City of Miami Building Department. The Building Department is a service department, it is not a revenue producer. The fact that money is produced and goes to the General Revenue Fund is wrong, because the department needs personnel. It doesn't get personnel and if fees are raised and you don't get the personnel, you haven't done a job of economy that saves money. What you have done, is simply raised fees and turned it over to the General Revenue Fund. That hasn't serviced the industry at all, and there is no economies and no savings. What is happened is the department is not run effectively. It isn't that your personnel, the head of your department is not competent and capable to do it. I've expressed to you this point, and make it on record officially. The department head is capable and competent, and her superior is also capable and competent. I've known Walter Pierce for many years, even when he was with Metro before the City. I've known Miss Fuentes since she has been head of this department. I've publicly gone on record supporting them. I'm not trying to take any shots at anybody. I'm trying to tell you the facts of a situation that occurred. You should not place these employees in a position of conflict of interest, where obviously their decisions can get them personal gain if they make a decision that benefits them. They should be paid to do a job like any other department head. They should be paid sufficiently commensurate with the activities and value of a job and that is the way any business ought to operate. I don't think this City ought to operate on the basis of payment in by false savings that have occurred in this particular instance. Now, I'll be glad to answer any questions. I wrote Commissioner Plummer a series of two letters. I hope he made those available to the rest of the Commission. I could read those two letters to you which would express it, I think, in a clearer form. I'd be glad to answer, I'd be glad to come back. Mr. Plummer: Mr.. Mayor, I am sorry I did not distribute those letters. I thought that they were automatically and it is my fault, and I will distribute them tomorrow to all of you. Mr. Toby made a number of good points in those letters and as he said, he has really nothing to benefit, because most of his work today is out of the City and I think he has some ideas there that are worth considering, for example, I was unaware, and I don't know if you are, that in the Building Department, up until Edith took over, that the department was only open for applications from 8:00 in the morning until 11:00, that was it! Then, it was also extended now until 1:30 p.m., and then the department is closed. It is not what we know as a regular City department that is open 9:00 a.m. to 5:00 p.m. Another good point that he made is that when you go in with a set of plans, that the man who is sitting on the desk, doesn't know how to read plans, there are I think, eight items to be checked off, or walked through, as they refer to it, that if a man was there who could read a set of plans, would realize that they only have two departments that are really applicable to this application, and they would only send you to those two. The way it is today, they send you to all eight, and this guys says, "Well no, I don't have anything to do with that," so he signs off, "No, I don't have anything to do with that." He signs off, which is taking up their time. I think Mr. Toby's letter, which I will forward to all of you, I would hope, Mr. Manager, in the interest of trying to make a better department, that we not try to put stumbling blocks in front of these people, but see if there isn't a way that we can expedite these things on ideas such as this. Mr. Mayor, it was my hope and desire that a committee could be formed of the industry - people in the industry who could meet with our people to find ways to expedite. I don't hear as much complaints about the fees as it is the time involved and the repetition of the time. Mayor Suarez: Do you want to reinstitute the Construction Advisory Committee?... because we have been working on trying to do that. Mr. Pierce: Several months ago we sent out letters inviting all members of the industry, all the different trades, if they would appoint one person from their particular trade group and that has already been done and in place. As 133 September 8, 1987 V a matter of fact, one early session of that is going to happen on Monday morning. Mr. Plummer: Well, then I would ask that Mr. Harry Toby be appointed to that committee. Mr. Pierce: It's fine with us. It is... weren't you there? Mr. Toby: I represent both the industry and the builder's exchange. Incidentally... Mr. Plummer: Presently on that board? Mr. Toby: Yes, it took them three weeks to get a hold and the response to form that committee. We didn't run as smooth as they say, but let me say this, please. I want to come back to my conflict of interest statement. But, we have created here for some reason, an adversary position, and that should not be; there ought to be a cooperative position between the contractors and the customers of the Building Department and the Building Department. There is no reason for it to be an adversary position. It must be cooperative. Now, for instance, the last time that the fee change was made, it was just done in the department, presented to the Commission, the Commission approved it and we were presented with it... bang! The industry had no input into it whatsoever of any kind. For instance, for years, a certificate of occupancy, which is really just a piece of paper, the final inspections have been made, was $25 for a commercial building. It is now $250. That's not very reasonable, and that change is not reasonable and these kind of things would have been picked up and caught, not pointed out in a letter that on many small commercial operation, the cost of the certificate of occupancy is more than the permit cost is, to get a building permit to build it. Mr. Plummer: You also said, "What is that same fee in the County?" Mr. Toby: It is about $90, or $95. Mr. Plummer: As opposed to $250 in the City. Mr. Toby: Yes. Mr. Plummer: Mr. Toby, I would ask, since you are already on that committee, which I was unaware, that these matters which you have brought to my attention, and I will bring to the Commission's attention, be addressed in that committee. If they are not, then I think this Commission would like to hear them, and hear them from you, if you would then after this committee has concluded its work, come back to this Commission, if in fact, those areas which you addressed to me, which I feel were good things to explore, were not explored and a reasonable conclusion brought about. Mr. Toby: I'll be most happy to do that if you will let me add to it the conflict of interest problem. Mr. Plummer: Well, there is no reason why you can't. Mr. Pierce: Just for your information, Mr. Vice -Mayor, that committee is not a committee that is going to go out of business after studying some problem and issuing a report. That's an ongoing thing to establish dialogue. Mr. Plummer: Walter, let me tell you something, buddy. Everybody in this town ought to run for office, OK?... everybody! Mr. Carollo: I thought they were. Mr. Plummer: Joe, have you gone through the process yet of getting your certificate of occupancy for your headquarters, huh? Let me tell you, I never realized we had so damn many inspectors working for this City. I have been inspected forwards, backwards, sidewards... elevators, which I don't even have! Probably the best electrical in any building I've ever been in a headquarters, and they came in there and they are inspecting the electrical. I mean, what in the hell are we doing? Mr. Pierce: Well, now you are safe. 134 September 8, 1987 3 4 Mr. Plummer: What, now I am safe! Yes, you know why I am safe? I paid all that money to get my permit. Mr. Carollo: How much did it cost, J.L.? Mr. Plummer: Joe, I don't even know. How much, $250? Mr. Toby: On that meeting coming on the 14th, I understand we are going to be presented with a document, about 200 pages, that is about the revamping of the Building Department and Building Department procedures in the City of Miami. Now, of course, we are not going to be able to do anything with a document that big, that comprehensive, except take it and see what it is and come back with recommendations. So, we were trying to get a copy earlier to study it and be able to respond on the 14th to what it might be. Mayor Suarez: Well, one of your recommendations may be that the document is too long and too complex to deal with and that should start over again, Mr. Toby. Mr. Toby: What we need, we are going to have to have another meeting, obviously. You can't answer it on that day. Mayor Suarez: Don't say no, Walter, if that is what the recommendation is, if... Mr. Pierce: Well, Mr. Mayor, I say that, because the document is a description of all the various procedures and processes in the Department. Mayor Suarez: It is 200 pages long, it sounds too long to me, but I will wait till the recommendations. Mr. Pierce: Well, Mr. Mayor, it takes five pages to describe accurately something. You wouldn't want me to cut it to one page so that it is inaccurate. And the idea though, is for this committee... Mr. Plummer: Yes, but the other way around also prevails. If you can do it in one page, don't do it in five. Mr. Pierce: And I share that wholeheartedly, but the idea of this document was to give it to the people in this group and let them over the next coming months, look at it, make their recommendations, but not to give them half the story! Mr. Dawkins: Maybe somebody in the group does not read as rapidly as you do, so the gentlemen is saying that it may take longer for some people to read it, that is all he is saying. Mr. Plummer: No, the thing that bothers me in his statement is, is they are going to give him the document on Monday, and in coming months... do you know what that means around the City of Miami? Coming months is going to be, maybe 188 and maybe 189, but no later than 190. Now, I don't think that... I think the real basis of what Mr. Toby is saying is, is that this Commission wants to get that department, as I think the department head does, revamped, get it reworked and make it more where this thing can flow a lot better than what it is doing today. There's nothing wrong with that. They are not criticizing, they are saying, "Let us work with you." My God, the spirit of cooperation is what everybody should ask for. Mr. Toby: You will find in that letter, that I have been very complimentary of Walter Pierce and Edith Fuentes. Mr. Plummer: That was your first mistake! Mr. Toby: No, I am sincere about that. I want you to recognize, because every time I have called, their doors have been open to me and I have been very friendly with them. Thank you so much. Mr. Plummer: All right, thank you, Mr. Toby. 135 September 8, 1987 10 57. DISCUSSION CONCERNING LIBERTY SQUARE. ----------------------------------------------------------------------- ------ Mr. Carollo: Can we have item 88? There is an emergency in that item that... Mayor Suarez: What is the emergency? Mr. Carollo: The emergency is that you got some elderly ladies that have been here... Mayor Suarez: Lottie Hines claiming an emergency? Mr. Carollo: That's correct. Mayor Suarez: Who did you were hoodwink into thinking that up! What have you got? Mr. Plummer: Her emergency is she thinks we are going to give out all the money, and there will be none left for her. That's her Ms. Lottie Hines: Honorable Mayor and fellow Commissioners, my name is Lottie Mitchell Hines, at 7601 N.W. 17th Avenue, a community activist in Dade County and the vice -chairperson of OTAC, chairperson of North Legal Services, treasurer of Mt. citizens_ and numerous other boards, but live in Liberty Square with others who are here affected by conditions in Liberty Square and other inner City housing developments. Number one, a drainage problem for 20 years of my knowledge. When it rains on 14th Avenue and 62nd Terrace, to 14th Avenue and 65th Street, the water stays there too long, and it is not healthy for residents. Number two, pressure, six to seven hours, no water, and the other 17 hours with pressure so low you can't flush the toilets. There should be more protection for our senior citizens and families that live on 62nd Street, the perimeters around Liberty Square and 15th Avenue. It seems like as soon as they arrest the young men, they are back... and 15 minutes later they are back housing their bags in the old lady's back door, and the flower beds. We would request that the Commission request the City Manager to assign someone to look into the legal procedures of the City of Miami to re -acquire the 6,000 units given to the County back in 1968, to be administered and properly maintained by the County of Dade. Dr. Enrique Vega: To talk on the same item... Mayor Suarez: Are you going to address that issue, Dr. Vega? Dr. Vega: Yes, but in another point. She is talking about the family housing, I am talking elderly housing. Talking about the same thing, I would say something to the Commission, that we are very glad... two years ago we got from the City Commission, the City of Miami Commission, a big amount of dollars for the first time, for safety and security, and it took two years to Dade County HUD to complete what the City of Miami had done in months, only. Mayor Suarez: Remember, we had a lot of discussion about the matching grant aspect of it. Dr. Vega: Yes, let me tell you one thing... Mayor Suarez: It was a Catch-22, they didn't want to put their money up until we put ours. Dr. Vega: Sure, sure. Now, many people criticize... before they were saying the banana council, they call now the mango council, I don't put any fruits. It is very good that there are arguments and there are discussions because there is less possibility that you can get together and take the whole thing of the pie. But, my proposition is this, and think this very well. I am counting, together with Lottie Hines and you have two persons here that went to Washington and we got what Dade County HUD could not get. We got $26,000,000 from the Congressmen William Lehman and Claude Pepper. Both went to the appropriations committee and HUD is going to get this money, but let me tell you, HUD has been very badly administered and my words are this, that the Commission of the City of Miami... and please, Mr. Plummer, I appreciate you very much, I would like you to listen to this. 136 September 8, 1987 P 0 Mr. Dawkins: Me too, I'd like for you to listen to him, J.L. Dr. Vega: The Commission of the City of Miami request from the City Attorney, and now that we have heard so very well honored nationally, at least in the State of Florida, we got more to learn from her. The legal procedure to enable the City of Miami to recover and continue to manage and operate this 6,000 unit left to Dade County back in 1968, to be operated, managed and property kept under the Dade County Department of Housing and Urban Development Day Care H.U.D. For all these years, unfortunately HUD did not keep proper maintenance and they worry only about the new construction, and now the Federal government is allocating, thanks to Lottie Hines and myself, and a group of 23 more people that did not say they were there, but they were in the trip to Washington, that family and elderly housing, together are asking from you to consider very seriously, tonight, now, that you have to have consideration for the people that were left in bad hands back in 1968, and still, we are in bad hands, for the reason of abandonment of the Dade County Commission. Some of the Commissioners I am friends with them, but my goodness, they have to think with their heads, they have to use their brains, and the continued mistakes of a very intelligent man, so intelligent, that he appointed as a head of the transportation system, Metrorail, Metrobus and Metromover, a man with a master as a librarian! Librarian! You know what it means? That is in complete... Mayor Suarez: Are we still talking about Liberty Square? Dr. Vega: No, this is all public housing, and he appointed and kept for 16 months his former boss for six years that he had, who knows nothing about housing, and now he wants to put the Oasis committee, Oasis Institute, to run public housing, so there is not public housing anymore. There is going to be private housing under the hands of the Oasis Institute, which is coming from Houston and Ft. Lauderdale. Remember, the elderly person and the family that live in public housing, that you left in the hands of Dade County and they were not properly treated. We request, we beg from you, Mayor, Vice -Mayor, and the three other Commissioners, to think very well, to re -acquire this 6,000 unit property that are inhabited, they are lived in by public housing residents who are not animals, we are people. Thank you. Mr. Dawkins: Dr. Vega, when you and your delegation went to Washington and from our senators you got $26,000,000, why didn't you tell the senators at that time, not to give it to the County, give it to the City? Why didn't you do that? Dr. Vega: Well, at that time, the trip as paid by Dade County HUD. Mr. Dawkins: I don't care! If you didn't tell them, don't expect me to go tell them after you took the money for Dade County. Dr. Vega: No, of course, of course. There is a letter regarding that to Congressman William Lehman about the use of that and I will provide you a copy of this letter, so you will see how we said to him... Mr. Dawkins: You allowed the senator to give the money to Dade County. You allowed that, OK? So now, you go to Dade County and tell them what you don't want done with your $26,000,000. Do not expect this City Commission to go and undo what you did. Mayor Suarez: OK, Doctor... Mr. Dawkins: The other thing I'd like to say to everybody, and I want it... I think I've got a consensus of opinion up here... Dade County can give public housing to anybody it wants to, but if it gives Oasis, or anybody else public housing, it must also give the parks, recreation, and other amenities to Oasis. They are not going to give Liberty Square to Oasis to run, and expect the City of Miami to take care of the parks part of it. Mayor Suarez: Lottie and Dr. Vega, I don't know if Don Cather is still around, but on the issue, some of the issues you brought up, are there some of those, Mr. Manager, that do have to do with the City, in terms of the stagnation of water, storm sewering, or whatever? Mr. Odio: I will take care of it. 137 September 8, 1987 r r Mayor Suarez: By tomorrow? Mr. Odio: Yes. Ms. Hines: OK, you will get back with us immediately on that, right? Mr. Odio: On the drainage problem. Ms. Hines: The drainage and the pressure, because it is deplorable, really. Mr. Odio: The pressure is Miami Dade Water and Sewage. Ms. Hines: OK, so that is Miami Dade... that is Dade County? Mr. Odio: Yes, but I will intercede for you. Ms. Hines: All right, I just want to know something. Mr. Odio: OK, but I will do something for you, Lottie and on the criminal activity, if you would get with... the Chief is here and if we need to have some sting operations go back there, we will do it. Ms. Hines: All right, thank you. I am going to look for that call, OK? Mayor Suarez: Thank you for your presentation and keep us advised of the progress. Ms. Hines: OK. Mayor Suarez: Don't hesitate to call. Ms. Hines: Don't worry, I'll be back. You are glad I didn't come for money. Mayor Suarez: Yes, well, you came for resources. 58. CODEC, INC. REPORT ON CIVIC CENTER SITE PROJECT. ------------------------------------------------------------------------------ Mayor Suarez: Item 70, Codec, need a quick report, and move very quickly through these. Mr. Dawkins: Item 70, Mr. Mayor? Mayor Suarez: Yes. Mr. Julio de Quesada: My name is Julio de Quesada, I am the executive director of Codec Inc. Mr. Mayor, Commissioners, we have done our job completely. We have everything in. We are having an impasse with Little HUD, because they are going through this reorganizational proceeding and they will not hear or entertain any projects until after September 17. I have requested four times for a hearing on our project and they tore it down four times. All of you have a little package with the background and... Mayor Suarez: What more can we possibly do with regards to the County not giving you surtax funds? Mr. de Quesada: All the commitments I have are conditions or subject to obtaining surtax. We have to have the surtax, and all I can think of is... Mr. Dawkins: No, you don't. You can give the land back. You don't have to have the surtax. Mr. de Quesada: Right. So, I think it is incumbent upon this Commission to approach them on the official level and get a straight answer from them. Mrs. Kennedy: But, you said September 17th, and that is just around the corner. 138 September 8, 1987 10 Ok Mr. de Quesada: They are coming up with a new budget for 1988, on the 17th and until that time, they will not hear or entertain any projects. Mayor Suarez: Jerry, what possible... what more can we possibly do by way of contacting the board, by way of appearing together with Codec, or how? We have written them. Mr. Jerry Gereaux: What we are planning on doing, Mr. Mayor, members of the Commission, is appearing jointly with both Codec and Melrose Townhomes Inc. Some time ago, a couple of months ago, I guess it was, you passed a resolution authorizing the City Manager to appear before the Surtax Board, and I believe I will be representing the Manager to indicate to the Surtax Board that this project and another one really truly represent the first public/private venture where.. I think you all received on the other project a copy of a financial commitment for $6,000,000 in first mortgage position financing, so we will be going there on behalf of the Commission to urge that approval. Mr. Dawkins: Is this the same project that was funded by the money from the Claughton Island deal? Mr. Gereaux: No, it is not, Commissioner. That item is going to be coming up a little bit later. Mayor Suarez: This is our own housing bond money? Is that for... Mr. Gereaux: This is the one where we... where the City Commission tentatively agreed to two nonprofit sponsors, Melrose and Civic Center. Mr. Dawkins: Oh, OK, we gave one to Union and one to them. Mr. Gereaux: Yes, that is correct. Mr. Dawkins: OK. Mayor Suarez: Jerry, supposing the Surtax Board were not eventually to recommend this project, or these projects. Can the County Commission reverse their recommendations? Mr. Gereaux: Yes. Mayor Suarez: Keep us apprised of both the Surtax Board meeting and the County Commission meeting on this issue. Mr. Gereaux: We certainly will. Mayor Suarez: I certainly could help, hopefully, in that. Who is the is the chairperson of that Surtax Board? Mr. Dawkins: Carrie Meek. Mr. de Quesada: Bob Gallagher. The County Commission has authority to turn over the Surtax Board. Mayor Suarez: Very good. Mr. Dawkins: And you guys think after we wouldn't give them a heliport this morning, they are going to give us some money? You really think that? Mr. Gereaux: We are going to try our best. Mr. Dawkins: OK, be my guest. 139 September 8, 1987 i 59. AMERICAN FINANCIAL CORPORATION INTERNATIONAL INC. REPORT OF MELROSE TOWNHOME PROJECT. Mayor Suarez: Item... Mr. John Lindstrom: 72, it is the same, Mr. Mayor. We're with the Melrose Townhome Association, same thing. Mayor Suarez: Oh, 71, OK, the other side of the coin on .... right. You represent the union... Mr. Dawkins: And they won't give you the surtax money. Mr. Lindstrom: We have been to the Surtax Board with a formal presentation. The last meeting they had, they didn't have a full agenda, or full... I am John Lindstrom, chairman of the board of trustees, for the plumber's pension fund. They did not have enough of a quorum, it is supposed to meet again the 17th of September. Mr. Dawkins: Yes, but, they told him no money. Did they tell you no money, or did they tell you to come back? Mr. Lindstrom: They have been telling us unofficially no money, but they wanted us to put in an official presentation on which we are going to do, the 17th. Mr. Gereaux: There will be money after October 1st. Mr. Lindstrom: We are set to go. We have everything... Mayor Suarez: What is the total budget for the year, eleven? Mr. Gereaux: It is between eleven and thirteen, depending on the year, and we know that they have residual money available that hasn't been spent. Mayor Suarez: All right, let's go for it! 60. DISCUSSION CONCERNING HAITIAN AMERICAN EMMANUEL'S COMMUNITY FAMILY COUNSELING AND CHILD CARE SERVICE INC. Mayor Suarez: Item 73, Haitian American Emmanuel's Community Family Counseling and Child Care Service, Inc. That is a long corporate name. Mr. Phipps St. Hilaire: Yes, it is, because we have a lot to do. I would like to state my name. Mr. Dawkins: Howard Carter, I didn't know you were Haitian! Mayor Suarez: I didn't recognize you at all, Dr. Carter. Good to see you, sir. Mr. St. Hilaire: He is an American, or Haitian -American. My name is Phipps St. Hilaire. I reside on 1228 Miami Beach, Florida. Honorable Mayor Suarez, members of Commission, City of Miami Odio, ladies and gentlemen. We the board of advisors and administrative staff of Haitian -American Emmanuel's Community Family Counseling and Child Care Service, Inc., wish to thank the Commission for the opportunity to present our case before you today. I believe the Mayor and Commission members have a copy of our recent presentation. In the interest of saving time, we would like to summarize our recent presentation. Not long ago, all of us perhaps read with shock and horror about the accident befalling two little children in the Little Haiti community who locked themselves up in a discarded electric drier and suffocated... shocked, because such an accident was allowed to happen. This unfortunate accident may be repeated if present conditions are not changed almost immediately. These two 140 September 8, 1987 r r 1� unfortunate little ones were on the waiting list for C.D. day care services. There are 25,000 others. I have seen single parent mothers weep when they were turned away from subsidized day care services because their major earnings as low skilled, or unskilled workers do not allow them to avail themselves of costly private day care services. I have seen these, or other single parent mothers weep, having to accept welfare assistance, because the situation with the children will not permit them to work. Mayor Suarez: Let me interrupt you if 1 may, because you are giving us a very general and very important description of a needed service, but what you are basically proposing, and maybe Dr. Carter can answer is a child care facility, where you want the City to participate? Dr. Carter: That's right. We would like the City to participate in helping us to establish child care services in the Little Haiti community. Mayor Suarez: Dr. Carter, we had these extensive discussions that took place, I think the last Commission meeting. We finally completed them and concluded them on the issue of how much the City is spending on child care on a per child basis and how we felt that other organizations may actually be able to do better than what we are doing with the existing organizations, the one that really is an in-house facility, and you may want to get together with staff to see if you can't provide better and less expensive child care for children in that area. We do have one facility already, I am told, which is the Notre Dame facility, and I don't know that we have any funding at all whatsoever at this point on this particular... you know, we are talking before the beginning of the new fiscal year, so, I don't know what point we get the variety of funding that we use for these, typically, Community Development Block Grant monies, I think. Frank, do you want to see if we can short circuit this and have them meet with you. Have they discussed with you the possible participation in City programs, child care programs? Mr. Castaneda: We really have allocated all the C.D. funds for social programing. We do have a program in the Little Haiti area and the Notre Dame program and it presently serves 75 children with our money. Mayor Suarez: Do we feel we have a, you know, an additional demand in that area? Mr. Castaneda: Oh, there obviously is additional demand, but that also carries, you know, all throughout the City. Mayor Suarez: Do you want to .. I want to suggest to you, because we don't have any funds identified at this point, from what I gather, that you meet with the director of Community Development of the City to see how you can tie into our program here and have them make a recommendation. Maybe we can identify some funds from Community Development. Dr. Carter: Very good, sir, we would like to pursue... Mayor Suarez: I think it would make it much easier for this Commission to make a determination on this. Dr. Carter: Very good. So we will then follow through and pursue this with the director of development. Mayor Suarez: Beautiful. Dr. Carter: Thank you very much. Mr. St. Hilaire: Thank you. Mayor Suarez: Thank you for your presentation. Mr. Dawkins: (OFF -MICROPHONE) Mr. Mayor what did we recommend on the Haitians? Mayor Suarez: That they meet with Community Development to see if they can find some funding somewhere. Mr. Dawkins: I would like to add to that, that they meet with some of the other community agencies to see if that service could be provided, i.e., 141 September 8, 1987 r r i Family Health Center, Coconut Grove Health Center, H.A.C.A.D., and some of the others that we are already funding. Mayor Suarez: And the Notre Dame one. Mr. Dawkins: Notre Dame, and then, if we maybe if we just add $20,000 to their budget we can come out with something better than the total budget. 1. Thank you, Mr. Mayor. Mayor Suarez: Otherwise, we get duplication of staff, and everything else. 61. ALLOCATE $3,000 TO YOUTH CRIME WATCH FOR TENT OF KNIGHT CONVENTION CENTER. ------------------------------------------------------------------------------ Mayor Suarez: Item 74, Youth Crime Watch to request a fee waiver for the use of James L. Knight. National Youth Crime Prevention Conference. Mrs. Kennedy: Is this a nonprofit organization? Ms. Laurie Knight: Yes, it is, and I am Laurie Knight the Youth Crime Watch coordinator for the conference, and before I speak, I would like to introduce Carlos Guerra He is the representative for all of the students within Youth Crime Watch. I'm going to let him say a few words and I will come back to you. Thank you. Mayor Suarez: I have no problem with the waiver, but on the rest of your request, it will be awfully tough. Mr. City Manager. Mr. Odio: They are requesting $8,400. Mrs. Kennedy: Well, why don't we break it up. Mr. Odio: I can't recommend it. We don't have that kind of money. Mr. Plummer: We have no problem with the waiver. Mrs. Kennedy: With the fee waiver. Mr. Odio: We cannot waive the Knight Center. Mrs. Kennedy: OK, I move to waive the fee. Mr. Odio: We cannot waive the Knight Center. Mrs. Kennedy: We cannot what? Mr. Odio: Waive the Knight Center. Mr. Dawkins: I move the City of Miami pay the $2,730, instead of waiving the Knight Center. We pay it. Mr. Plummer: I second the motion. Mr. Carollo: We give them the $8,000, or we contribute $8,083 to that, and this way, you are not waiving, you are giving it. Mayor Suarez: We are talking about a fee for the Knight Center of $2,730, now you are talking about $8,400. Mr. Carollo: No, it is the request they are making. Mr. Odio: The rent is $2,730. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Ms. Knight: In order to put on the kind of quality show, we need to put on, as you see how I broke it down for you, there is the labor services involved as well. Should we continue on? 142 September 8, 1987 I Mr. Plummer: Well, you can continue on, but I think the consensus is you are going to get $2,730. That's the consensus. Mayor Suarez: Yes, we have a saying about, you know, when you have a momentum on your side, don't keep going, you might... Mr. Carollo: I'll make a motion to make it an even $3,000 that we contribute to it. Mayor Suarez: So moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded, any discussion? Call the roll. Ms. Rosen: Thank you very much. Mayor Suarez: Wait a minute, we haven't voted yet, don't thank us! Mrs. Kennedy: Never leave before we vote, you never know. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-824 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $3,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER THE COSTS ASSOCIATED WITH THE RENTAL OF THE JAMES L. KNIGHT INTERNATIONAL CENTER ON NOVEMBER 5, 1987, IN CONNECTION WITH THE NATIONAL YOUTH CRIME PREVENTION CONFERENCE TO BE CONDUCTED BY YOUTH CRIME WATCH; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY 14, 1984. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mrs. Kennedy: Let me suggest that you work with the Youth Advisory Council. This is a project that I am sure they would like to get involved with see, if they can help. Ms. Rosen: Great, thank you. Thank you very much. 143 September 8, 1987 -------- - - - -------------------------------------------------------------- 62. INSTRUCTION TO ACQUIRE BY PURCHASE OR EMINENT DOMAIN PROPERTY AT S.W. 24 ST. AND 21 AVE. (GOLDEN ARMS APARTMENTS/SILVER BLUFF AREA) (SEE LABEL 028 AND 030) Mr. Carollo: We had told the owners of the Silver Bluff Homeowners' Association they would be heard at 6:00 p.m. Mayor Suarez: Do you want to ask if there is anyone here? Mr. Carollo: Yes, they are here. I see some of the here. Mayor Suarez: Can we get a quick status report on how we are doing?... from the City, that is. Mr. Plummer: No, I want to leave, because I heard it earlier. Ms. Josefina Sanchez-Pando: (OFF MICROPHONE) You want to leave, J.L.? Mr. Plummer: Wait until you hear the report. Ms. Sanchez-Pando: That's what I am here for. I'm still waiting to be called. Mayor Suarez: What he really meant, is he wanted you to leave, but he was to nice to say that. Mr. Plummer: No, because what... Ms. Sanchez-Pando: Yes, but he knows better. Mr. Plummer: What we heard this morning didn't please us, and I know it is not going to please you. Ms. Sanchez-Pando: You mean they are playing around with your orders on that? Mayor Suarez: Please, Josefina, come up to the mike. Ms. Sanchez-Pando: Thank you. My name is Josefina. Come on, Gustavo, I will recognize you. He is the president, then we will share the podium. You see, J.L., that way you cut my speaking to half. He is so benign and sweet. I'm not. (OFF MICROPHONE) Mayor Suarez: You keep talking. Dr. Gustavo Casanova: Good evening. I am Dr. Gustavo Casanova. I live at 2001 S.W. 24th Terrace. I am speaking on behalf of the Silver Bluff Homeowners' Association which I am the president for. In May 28, 1987, Commissioner Plummer introduced a motion instructing the City Attorney to immediately commence condemnation proceedings in the property in question. The motion further instructed the City Manager to obtain appraisal for said property and to bring this issue back on July 23, 1987. The motion was seconded by Commissioner Kennedy and passed unanimously. In July 23, 1987, the personnel responsible failed to have this issue in the agenda. The issue was discussed, thanks to the interest shown by Commissioners Plummer and Carollo. Despite everybody's expectation, the appraisals were not ready. According to Mr. Pierce of the City Manager's office, the Commission and our neighbors were told in July 23, 1987, in two weeks we will get the appraisals. The City Attorney's office and the Administration will then sit down, try to negotiate a price. If we can't negotiate the price, then the City Attorney's office will move on the condemnation action. Ladies and gentlemen, allow me to clarify that those are the instructions given by the Commission since May 28, 1987. Today, September 8, 1987, the personnel responsible failed again to insert this into the agenda, despite instructions of two of the Commissioners, We have learned that the appraisals are not done because the appraisers were not permitted into the property. We have also learned that the person in the City Manager's office in charge of this issue says that he needs instructions to further proceed. The City Attorney's office told us that now the project will be in the hands of their eminent condemnation expert. We, the neighbors, 144 September 8, 1987 r r would like to ask this City Commission for three things: One, all these problems faced by the Administration and the City Attorney's office to be brought up before this Commission and into the record; two, please instruct the Administration and City Attorney's office not to go into a stand position or situation and finish once and for all with this nightmare; and three, ask the personnel responsible to have the grace of not forgetting to place this issue in the agenda of the next City Commission meeting in October 8, 1987 at 6:00 p.m. Mayor Suarez: OK, there is already order to be placed on the agenda for the next meeting and if it hasn't been, it will be ordered at this point, and we, I think it reflects the consensus of this Commission that by that time we had better have the appraisals and we better have City legal action to require entry into the buildings, otherwise, do an outside appraisal, whatever it takes so that we can proceed with condemnation by the next meeting. Is there anything more that we can possibly do at this point? Ms. Sanchez-Pando: No, I... j Mr. Plummer: We can do something else, and if we don't do it, if we don't have those answer by October 8th, my motion is going to be to take under quick -take, and 1 don't like it, I think it is horrible to take it under quick -take, but you go in and you establish, and you freeze at that date. Now, you have got 30 days, Mr. Manager, in which to come back to this Commission with the answers. I think that's from May to June, July, August, September, October, is five months, and as far as I am concerned, I will make a motion at the next meeting, if we don't have the answers. Mayor Suarez: So moved. Mr. Carollo: Can you possibly give this Commission some of the information that I understood you have that in the last year or so, the price, the appraisals on this property, has gone up tremendously from when they bought it a couple of years ago. Mr. Milian: Well, since they started working with the homeowners' association, what I did for the meeting of May 28, 1987, with this City Commission, we developed a booklet that we provided to each Commissioner and the City Mayor, with copies of the records, the official records of the property, of the lots involved. We noticed, for example, lot 8, which is an empty, vacant, condemned building... Ms. Sanchez-Pando: .(OFF -MIKE, INAUDIBLE) Dr. Casanova: ... was in 1984, the building appraisal was $10,000. Mr. Carollo: $10,000 in 1984. Dr. Casanova: Right. Ms. Sanchez-Pando: They paid taxes for $10,000. Dr. Casanova: On December, 1986, that is the date of the sale of the property. It changed names to South Florida, and then the price of that lot changed to $181,977, just for the building alone. Ms. Sanchez-Pando: $100,000 from $10,000. Mr. Carollo: $181,000. Dr. Casanova: $181,977, just on the building alone. Mr. Plummer: And we have 100 percent appraisals, right? Dr. Casanova: Later on, we did this for every lot that involved the Golden Arms Apartment. Then, we were asked by the neighbors to find out what the South Florida stands for. We learned that it was not a corporation... Ms. Sanchez-Pando: It is not a corporation. Dr. Casanova:... and then we were instructed from Tallahassee that if it was not a corporation, maybe it was a A.B.A. We went into the records in the City 145 September 8, 1987 C r court and we went back to 1934 and it was not registered as D.B.A. We don't know what that means. Mr. Carollo: Well, guess who received close to $4,500,000 worth of loans from the City of Miami for rehab properties in the City of Miami. Ms. Sanchez-Pando: Who? Mr. Carollo: Well, the address that it goes to is 401 Miracle Mile. Dr. Casanova: That is the same address that South Florida has registered, sir. Mr. Carollo: It is the same people. I cannot comprehend how we could be having these problems with these people here, and the City is giving them... Ms. Sanchez-Pando: Listen! Mr. Carollo: ...close to $4,500,000 in loans, on the other hand. Something stinks somewhere in this whole matter. Ms. Sanchez-Pando: The words are very dirty. Mr. Mayor, before Gustavo gave you those figures, you instructed what had to be done. As a teacher, when I speak to my pupils, or those under my command, I tell them the whole rules of the game. You must do this, this, this and that, or else, "A", "Y", "B", "C", or "D" is going to happen. You forgot to tell them what was "A", "Y", "B", "C", or "D". What happens if we come back again and nothing has happened? Mayor Suarez: That's why all your students walk in a straight line, right? They don't... Ms. Sanchez-Pando: That is correct. Mayor Suarez: No, actually the Vice -Mayor told them that we would begin quick -take, which is the worse possible thing from the Manager's stand point, and we are bound then by the value as set by the court, as of the day... I guess it is of the day of the beginning of the condemnation proceedings. Ms. Sanchez-Pando: Which was $10,OCO, not $180,000 for a lot. Mayor Suarez: Well, unfortunately, I don't know that that will be the case, but... Mr. Carollo: I see you are Arsenio Milian back there. Can you come up for a second? Ms. Sanchez-Pando: He and... Mayor Suarez: The big guns! Ms. Sanchez-Pando: Yes, the only ones that are always standing there. Oh, but J.L., we are going to have such a party in that park! Come up, Arsenio. You and your water! Are you going to water our park? Mr. Carollo: Some months back, and this goes back probably towards the end of last year, or maybe the beginning of this year. I think it was towards the end of last year. You had a meeting... it is my understanding you had a meeting as one of the representatives of the Silver Bluff Homeowners' Association, with either Mr. Barrero or some of his representatives, is that correct? Mr. Arsenio Milian: Yes, sir. Mr. Carollo: Do you recollect whom some of the people that were present at that meeting were, outside of other people that are part of your association? Mr. Milian: There was another party that came that day, along with Mr. Barrero, but I can't recall his name. I do have it in the records because we taped all the conversation during that meeting and I think he gave his name, so I could make it available. Mr. Carollo: OK. At any point... 146 September 8, 1987 r Mr. Milian: That was about a year ago, though. Mr. Carollo: Yes, it was about that time. At any time during any of your meetings or individuals that lobby you for him, did you come across a name of Pedro Pelaez that had talked to you about this project? Mr. Milian: No, I think the only reason that Pedro Pelaez got involved into this whole mess, is that he tried to arrange a meeting with us to see if we could resolve the problem, and I... Mr. Carollo: So it was Pedro Pelaez that arranged the meeting with you to try to resolve that problem. Mr. Milian: Yes, I think what he tried to do is get all the parties together to see if everything could be resolved just like we had attempted in other occasions, unsuccessfully. Mr. Carollo: OK, well... Mr. Milian: But, in the day that we had the meeting with Mr. Barrero and the other party, that meeting was not arranged by Mr. Pelaez. Mr. Carollo: OK, but Mr. Pelaez, as you previously stated, had tried to arrange some meetings between you and Mr. Barrero. Mr. Milian: Yes, we had several meetings... Mr. Carollo: That he arranged with you and Barrero. Mr. Milian: Actually, we had a couple of meetings in which Mr. Barrero and Mr. Pelaez and myself and two others of the homeowners' two other members of the homeowners' association worked together trying to find a solution, a compromise, to which Mr. Barrero... Mr. Carollo: OK, stay put for a second. I am going to go to my office and bring something back that might shed some light on this whole matter. Mayor Suarez: You can table the item and take up item 75. Mr. Carollo: No, no, I will be back in one minute. They can keep talking on the matter. Mayor Suarez: I don't know what else there is to report. Is there anything else, Mr. Manager? Mr. Odio: On this? No, sir. Ms. Sanchez-Pando: Could I ask a question? Why didn't this happen? Tell me. Why didn't we have anything done? Why wasn't I called? It is that but somebody had to call me. Mr. Odio: (INAUDIBLE, OFF MIKE) Ms. Sanchez-Pando: Yes, sir. Mr. Ronald Williams: In response to the appraisals, Mr. Mayor, my report would be that the appraisals have been requested. We have contracted people to perform them. As you already know, we have had a tremendous time trying to gain access to the property. We have ordered the appraisals to proceed... Mayor Suarez: When that happens, don't we sometimes have the alternative of doing external appraisal? Mr. Williams: That's exactly what we told them. Mayor Suarez: Based on comparables and based on just the exterior of the building and so on? Mr. Williams: Absolutely. We have told them to proceed with that at this point and they have assured us they would have an appraisal by the first of next week, from that position. 147 September 8, 1987 INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Williams: The delays have purely been related to lack of cooperation in terms of access to the property. We have talked to the appraisers. The appraisers have gone by there, have not been met on several occasions, but we said, "Go ahead with it. We can't wait any longer." Ms. Sanchez-Pando: Excuse me, I'm very dumb. I didn't understand it. What do you have to do to get into a house to make the appraisal?... because you can walk into that Golden Arms Apartment at any time of the day or night. Mr. Plummer: Not without their permission. Ms. Sanchez-Pando: They cannot? Mr. Odio: No. Mr. Plummer: Not without their permission. Ms. Sanchez-Pando: Oh, well, you can go there and try to rent an apartment. You can see it all. Mr. Plummer: With their permission, or it is trespassing. Mrs. Dougherty: We did in the past had to get a court order to permit us to take the first appraisals for the Unsafe Structures Board. We will do the same thing again, as soon as we file our condemnation proceedings, assuming that our negotiations fail, and we will have to get a more definitive appraisal and at that time we will file a motion with the court permitting us to enter the building again. Mr. Milian: I just want to say on behalf of the association, we are thankful that you continue to pursue this matter and that you are doing good faith effort. You can understand the frustration of all the neighbors in the area. This is something that is not... we have not been talking about this since May. We have been talking now for more than four years, so the frustration continues to build up, but we do appreciate the efforts that are being done. I understand now all the problems you had with Mr. Barrero, which is nothing new to us. Mr. Carollo: Mr. Milian, during... Ms. Sanchez-Pando: But, you can also understand our frustrations, can you not? And can you not think of living at the corner of that house? Come and visit, J.L. You should see the way they are cleaning it up. You are going to have a bill for half a million dollarst Mayor Suarez: That's a very direct invitation, there. Mr. Carollo: During the conversations that you had about a year ago or so with Mr. Pedro Pelaez where he was trying to, out of the goodness of his heart at being a good citizen, trying to resolve this problem over there, did he not during that time, bring up the matter that maybe a way of resolving the situation was by the City making a park over there? Mr. Milian: No, I don't think that he made any proposals of that sort. I think that to make a park of the whole site is something that we considered as part of the different alternatives that we had at the time, and when we mentioned that possibility, he considered it to be a possibility of being a viable solution to the problem. Mr. Carollo: So he considered that as being a possibility of being an area of compromise that he would then bring to the owners, right? Mr. Milian: The owner was present at the time. Mr. Carollo: OK, so the owner was present. Mr. Milian: Yes. 148 September 8, 1987 r r Mr. Carollo: Very good. All right sir, Mr. Casanova, you live right by there, I think, behind it, or in front of it, or...? Dr. Casanova: Just behind the lots. Mr. Carollo: How much has your property values gone down since the time you lived there? Dr. Casanova: Well, I just moved in in November, 1986, so it is hasn't been appraised. Mr. Carollo: So, but you moved in November of 1986. What was that property appraised at, prior to you moving in there? Did the value go up, or down? Dr. Casanova: It is basically the same. Mr. Carollo: Is it basically the same? Dr. Casanova: I really cannot recall. Mr. Carollo: I would suggest that you look at your property value, and I assure you that your property value went down in that home since you bought it. I've seen it, it went down. It did not go up. Ms. Sanchez-Pando: ... mention that. Dr. Casanova: Yes, you are right. You are correct. Mr. Carollo: The reason I am bringing this information out is that you know, it makes even stranger how the value on these lots that this man sells to some of these other companies, have gone up over 100, 150 percent up... quite strange! But, nevertheless, the reason that I was inquiring on Mr. Pedro Pelaez' you know, good citizenship task, since he has got nothing to do in that neighborhood, he don't live there, he lives outside of the City of Miami. He has never taken any interest whatsoever in that neighborhood. Why would he take such an interest now and try to resolve the problem with the neighborhood homeowner association and Mr. Rolando Barrero? City of Miami has funds that are used for rehabs, and that is in neighborhoods that are considered blighted areas. The City gives monies to the individual homeowner, duplex owner, so they can fix up their own home, lend some $10,000, $15,000, $20,000, so they can fix up their homes where they live in and this has been done to some degree during the past. All of a sudden, on March 26, 1987, here is a big list of apartment buildings that are bought, obviously they were bought as a business, not because Mr. Pedro Pelaez is going to live there, and he is given $500,300 from the City of Miami. Then, in the month of August an individual comes to visit me that stated to me that he was coming to me on behalf of Mr. Barrero, because Mr. Barrero has spoken to him, wanting to make sure that, as I understood it, that I would not be talking about some of this information here, and this individual stated to me that Mr. Barrero himself had told him that it was through the help and influence of Mr. Pedro Pelaez, that Mr. Barrero was able to acquire for these corporations whom he is involved with, with some other partners, the following monies from the City of Miami and this is acquired August 4, 1987, from the City of Miami for all kinds of apartment buildings that again were bought as a business. Miami L.T.D., II was given $1,935,000 and Little Havana L.T.D. was given $2,324,450. That is all that I want to say for now on this. Mayor Suarez: I will correct you only on one point, because I am not really aware of any of this. Mr. Pelaez has moved into the City of Miami, so... for whatever that is worth. Any other... Mr. Carollo: Well, now I am going to buy the three monkeys for the Mayor. You know, that they see nothing, they hear nothing, they say nothing. Mayor Suarez: I have no idea what all that has to do with your issue, but we are going to do the best we can and get this accomplished as quickly as we possibly can. Mr. Carollo: Well, maybe it could be clearer to the people of this City why the little group that Mr. Pelaez is part of, of so-called foundation that wants to get rid of me, has little meetings and are stating they will raise whatever amount of monies they have to get rid of me. If I may, I would like 149 September 8, 1987 i to present the following resolution on this particular matter that needs to be clarified. THEREUPON, COMMISSIONER CAROLLO READS RESOLUTION INTO THE PUBLIC RECORD. SEE HEREINBELOW. Mr. Plummer: I thought we had already done that? Mr. Carollo: Well, we need to do that with a legal description in this matter, J.L. Mr. Plummer: Oh. Mrs. Dougherty: We simply had a road description. We need to have the precise lagal description. Mr. Plummer: All right. Ms. Sanchez-Pando: J.L., the numbers, the lots and the names. Mayor Suarez: So moved. Do we have a second? Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. Dr. Casanova: So, we can ask neighbors to come down and hear the result of all of these proceedings on October 8th? Mr. Plummer: Well, let me tell you what you also want to do, because the City { Attorney is making a very good point, and I think you had better heed this point as we need to heed this point. If the numbers in those appraisals get out, it could cost a lot more money for everybody concerned. I... Ms. Sanchez-Pando: We don't want the numbers. Mr. Plummer: OK. Well no, excuse me, Josefina, you asked to see the appraisals. Ms. Sanchez-Pando: Right, and I was told that it is here, exactly what you are saying, not to see it and we understood it. Mr. Plummer: Fine, thank you. Ms. Sanchez-Pando: What we wanted to know was, that they were done. How much it cost? Dr. Casanova: We are not interested in interfering with the negotiation. Ms. Sanchez-Pando: No, we are not interfering with the City government. We just wanted to see it done, that's all. Mr. Plummer: It is not the appraisal cost that we are worried about. It is the numbers of the appraisal! OK. Ms. Sanchez-Pando: We understand. Dr. Casanova: Thank you. Mayor Suarez: Call the roll. AT THIS POINT CITY CLERK STARTED ROLL CALL. Mrs. Kennedy: All she wanted to do was make sure that the appraisals were done. Ms. Sanchez-Pando: I am sorry, Commissioner Kennedy. Mrs. Kennedy: No, that all you wanted to make sure that the appraisals were done. 150 September 8, 1987 Ms. Sanchez-Pando: That is it exactly. We wanted a phone call and I stated in here just call us it has been done, but of course, they couldn't call because as of today, they have not been done. They will soon, we all hope. AT THIS POINT, CITY CLERK COMPLETED ROLL CALL. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-825 A RESOLUTION CLARIFYING MOTION NO. 87-513 ADOPTED MAY 28, 1987, AND AUTHORIZING, AND DIRECTING THE CITY ATTORNEY TO ACQUIRE, BY NEGOTIATED PURCHASE OR EMINENT DOMAIN, THAT PROPERTY GENERALLY LOCATED BETWEEN SOUTHWEST 24TH STREET AND SOUTHWEST 24TH TERRACE AT SOUTHWEST 21ST AVENUE IN THE CITY OF MIAMI, FLORIDA, MORE SPECIFICALLY DESCRIBED AS LOTS 7, 8, 9, 10, 11, AND 12 OF BLOCK 44 OF NEW SHENANDOAH SUBDIVISION (10- 55), AND LOTS 16, 17, 18, AND 19 OF CAROLINA PARK SUBDIVISION (16-69), INCLUSIVE, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; FOR PURPOSES OF DEVELOPING A PUBLIC PARK. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Thank you for your presentations. Ms. Sanchez-Pando: (INAUDIBLE, OFF MIKE) Mayor Suarez: We get kisses from you, right? 63. EXTEND APPROVAL FOR ONE MONTH FOR WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION. Mayor Suarez: Item 75. What happened to Wynwood Economic... Mr. Plummer: Here he comes. Mayor Suarez: You were gone there for a second, I was afraid we wouldn't get to hear from you. Mr. Emilio Lopez: My name is Emilio Lopez. I am coming back to you in reference to the Wynwood Economic Development program. As you remember in your last meeting you instructed the C.D. department, Mr. Castaneda, to work with us in getting the Wynwood Economic Development Board restructured and hiring a new executive director. We have done that and we are right at this minute with a new executive director coming up to be with the project, you know, changing the goals of the project, so therefore we are requesting that the money that are allocated for the Wynwood Economic Development Project be allocated officially to the project, so we can go with the work that we would like to do. Mayor Suarez: Frank, are we set... 151 September 8, 1987 i Mr. Plummer: What are you asking for, the $75,000? You know we are not going to get it until October lat. Mr. Lopez: Fine. We are asking at least for the $50,000, and as you know, all the other C.B.O's, $50,000 is not enough money to... Mr. Plummer: But, how are we going to get the money an give it to you that we don't have? Mr. Lopez: At least you got the $50,000. Mr. Plummer: We don't have it. Mayor Suarez: Yes, this was the money that was pending their reorganizing their economic development entity. Mr. Castaneda: Commissioners, remember what... Mr. Plummer: Oh, wait a minute, wait a minute. I'm sorry, this is on the reorganization? I'm sorry! Mr. Carollo: I'd like to defer this item until the following meeting, so I could see exactly what we have and we don't have and what other... to the October meeting. Mayor Suarez: Well, is the City ready to make a recommendation on the reorganization? Mr. Carollo: They have not seen it. Administration time to do it. Mr. Odio: No, we have not received that. Mrs. Kennedy: You have not seen it? Mr. Carollo: ... And time for me to analyze it. I wanted to first give the Mr. Odio: We just got it this morning, I am sorry. Mr. Lopez: OK, what I would like to do is, you know, at that time you said three months, and we only received two months. Let it go so it can pay the staff, so we can finish... Mr. Plummer: Well, you get another month. Mr. Lopez: Right, that way, and then... Mr. Plummer: If we approve three months, that is all there is to it. Mr. Lopez: Right. Mr. Plummer: You got one more month coming. Mr. Lopez: Right. Mr. Kennedy: Um humm. Mr. Plummer: Yes. Mr. Castaneda (Off mike): ... extend the contract for an additional month. Mr. Plummer: No, we made it for three months. Mr. Castaneda (Off mike): No, you made it to the beginning of this month. Mayor Suarez: OK, extend the approval for the reorganization to... Mrs. Kennedy: Can you extend... Mr. Plummer: Extend the approval for one more month, yes. Yes. 152 September 8, 1987 f 0 Mayor Suarez: Make that into the form of a motion, please. Mrs. Kennedy: Do you want to move it? Mr. Plummer: I'll move it. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-826 A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. AND THE CITY OF MIAMI, TO EXTEND THE EXPIRATION DATE OF ITS FISCAL YEAR 1986-87 CONTRACT PERIOD FROM AUGUST 30, 1987 TO SEPTEMBER 30, 1987 AND TO INCREASE ITS FUNDING IN AN AMOUNT NOT TO EXCEED FOUR THOUSAND ONE HUNDRED SIXTY-SEVEN DOLLARS ($4,167), WHICH REPRESENTS ONE TWELFTH OF THE ANNUAL FIFTY THOUSAND DOLLAR ($50,000) COMMUNITY BASE ORGANIZATION BUDGET, FROM THIRTEENTH (13TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; TO ALLOW ADDITIONAL TIME FOR A REORGANIZATION OF ITS BOARD OF DIRECTORS AND PROFESSIONAL STAFF. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE AFTER ROLL CALL: Mr. Lopez: Thank you. Mayor Suarez: Commissioner Dawkins wanted to vote against you, Emilio, but his mike wouldn't work, you see, so you have some help from above. Mr. Lopez: What can I do? I need all the help I can get. Mayor Suarez: Really. ------------------------------------------------------------------------------ 64. AUTHORIZE BUS BENCH COMPANY TO ASSIGN AGREEMENT FOR BUS BENCHES TO FOLEY ENTERPRISES, INC. ------------------------------------------------------------------------------ Mayor Suarez: Item 76. Mr. Odio: Mr. Mayor, on 76 I think I can cut through this. He was requesting a transfer. You have to approve. Mrs. Kennedy: Do we have to approve the transfer? i JI; I 153 September 8, 1987 Mr. Odio: If you authorize me to proceed, he'll put $20,000 in escrow and then I can proceed in the assignment. Mayor Suarez: What are the conditions by which we approve the assignment? Are they the typical ones of the new owner being the same credit worthiness and otherwise the same reliability and so on? Mr. Odio: Yes. And I'm... Mr. Plummer: Plus the public service boards. Mr. Odio: That's right. Mr. Dawkins: What is the $20,000 for? Mr. Odio: It's a practice that we have that in case there is any monies outstanding with the City or whatever that we have it. And, by the way, Mr. Hancock offered that. Mr. Plummer: It's called a guarantee. Mayor Suarez: Who is the transferee, if I may ask? Mr. Odio: Steve Barton. Mr. Plummer: That's called in God we trust, all others pay cash. Mayor Suarez: OK, do we have a motion on that? Mr. Plummer: I move it. Mayor Suarez: Moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-827 A RESOLUTION AUTHORIZING MIAMI-DADE MARINE INVESTMENTS, INC. d/b/a BUS BENCHES COMPANY ("BUS BENCH COMPANY") TO ASSIGN THE AGREEMENT FOR BUS BENCHES TO FOLEY ENTERPRISES, INC. ("FOLEY ENTERPRISES") UPON THE TERMS AND CONDITIONS SET FORTH IN THAT "CITY OF MIAMI CONSENT TO CERTAIN ASSIGNMENT OF BUS BENCH CONTRACT AGREEMENT:, WHICH HAS BEEN PREPARED BY THE CITY ATTORNEY, AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT, WHICH AGREEMENT WILL EFFECTUATE THE CITY OF MIAMI'S CONSENT IN THE MANNER PROVIDED FOR THEREIN. Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ NOTE FOR THE RECORD: Items 78 and 79 were withdrawn. 154 September 8, 1987 y 65. ALLOCATE $5,376 TO CATHOLIC COMMUNITY SERVICES, INC. FOR A MONTH TO MONTH REVOCABLE PERMIT TO USE LITTLE HAVANA OUTREACH OFFICE AT MANUEL ARTIME CENTER. Mayor Suarez: Item 80. Catholic Community Services. Ms. Alicia del Toro: Good evening, Honorable Mayor, City Commissioners, City Manager. My name is Alicia del Toro. I'm a social worker for Catholic Community Service. It's an agency that provides social service... Mayor Suarez: You want a waiver of... Ms. del Toro: Yes, sir. Mayor Suarez: ... the rents for what? l Ms. del Toro: For the Little Havana Outreach Center. See, last year we lost 60% of our budget. Mayor Suarez: We took away almost all you have - yes, a good percentage of your fund. Mr. Carollo: I so move. Mayor Suarez: So moved. Do we have a second? Mr. Plummer: This if for the day care? Mr. Odio: Oh, how much, how much? Ms. del Toro: No, it's for the outreach center. Mrs. Kennedy: Yes, how much money are we talking about? Mayor Suarez: It's an outreach center. Mrs. Kennedy: How much money will that be, Mr. Manager? Mr. Odio: $5,000. Ms. del Toro: Five thousand, three hundred and seventy-six ($5,376.00). Mrs. Kennedy: Is there anybody in that building who's not paying rent? Or, they're still... Mr. Castaneda (Off mike): That's the only one that is... Mr. Odio: Cuban municipalities... Mrs. Kennedy: What are they doing with their building by the way? Mr. Odio: The one that burned down. Mr. Plummer: I got an item here to talk about that today. Mrs. Kennedy: OK. Mr. Plummer: I would say we put them on a month to month basis, a revocable permit instead of granting it for a year. Mayor Suarez: Do you want to build that into your motion, Commissioner? Mr. Plummer: I think it's only right. Mr. Odio: Free? Mr. Plummer: Yes. 155 September 8, 1987 Mayor Suarez: Joe, want to put that into your motion, month to month, what did you call it, revocable permit? Mr. Plummer: A revocable permit. In other words, if we need the building for some reason, we can revoke the permit. Mr. Carollo: Yes, that will be fine. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-828 A RESOLUTION GRANTING THE WAIVER OF THE USER FEE FOR OFFICE SPACE AT THE MANUEL ARTIME COMMUNITY CENTER TO CATHOLIC COMMUNITY SERVICES, INC., LITTLE HAVANA OUTREACH OFFICE, IN AN AMOUNT NOT TO EXCEED $5,376.00 ON A MONTH -TO -MONTH REVOCABLE PERMIT BASIS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Ms. del Toro: Thank you very much. Mayor Suarez: Surely. You were very eloquent. 66. A- REFER TO MANAGER REQUEST FROM MIAMI-DADE COMMUNITY COLLEGE FOR BEER/WINE PERMIT AND FINANCIAL SUPPORT FOR "PAELLA '87" B- CLOSE STREET FOR "PAELLA 187" CELEBRATION (MIAMI-DADE COMMUNITY COLLEGE Mayor Suarez: Item 81. Miami -Dade Community College. Mr. Carollo: Move, move. Mayor Suarez: Temporary closure of N. E. First and Second Avenues, etc. Moved. Do we have a second? Mr. Plummer: Yes, I second the motion under discussion. Mr. Manager... Mayor Suarez: Seconded. Mr. Plummer: ... this, of course, is in concurrence with the police and fire and it is absolutely no cost to the City and they will provide the normal insurance indemnification if anything were to happen on those streets that they're using during that period of time. Is that correct? Mrs. Kennedy: Kathy, what is it exactly you're asking for? Mr. Odio: Twelve thousand. Mr. Dawkins: Let's move - I move that this be given to the Manager and let the Manager bring it back to us, please. 156 September 8, 1987 t i t Mr. Plummer: Why? Mayor Suarez: We're ready to vote on it. Favorably. Mr. Plummer: Huh? Mr. Dawkins: Take my word for it. Mrs. Kennedy: OK, can you tell me what they're asking? Mr. Plummer: Send it - I make a motion we send it to the Manager and let him work it out. Mr. Odio: Twelve thousand. Mayor Suarez: So moved. Seconded. Call the roll. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 87-829 A MOTION REFERRING TO THE CITY MANAGER A REQUEST RECEIVED FROM MIAMI-DADE COMMUNITY COLLEGE FOR APPROVAL OF THE NECESSARY CITY PERMITS TO SELL BEER/WINE AND FOR FINANCIAL SUPPORT IN CONNECTION WITH THE HOLDING OF THE "PAELLA, 187" EVENT, SCHEDULED TO TAKE PLACE ON OCTOBER 10, 1987. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Ours is not to reason why. Yes, item 82. Mr. Odio: Excuse me, Mr. Mayor. Mayor Suarez: Yes. Mr. Odio: I do need you to pass a resolution, a motion, on the street closure today. Northeast 2nd Avenue and Second. Mrs. Kennedy: Move it. Mayor Suarez: I'll entertain a motion - it's been moved. Mr. Plummer: Under the same restrictions that it be at no cost to the City... Mr. Odio: Right. Mr. Plummer: ... and they provide adequate liability insurance. Mayor Suarez: Seconded under those provisos. Call the roll. 157 September 8, 1987 1 I The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-830 A RESOLUTION CONCERNING PAELLA '87 TO BE CONDUCTED BY MIAMI DADE COMMUNITY COLLEGE OCTOBER 10, 1987, 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; 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; REFERRING ALL OTHER REQUESTS CONTAINED IN THE LETTER FROM EDUARDO J. PADRON, VICE PRESIDENT OF MIAMI DADE COMMUNITY COLLEGE, WOLFSON CAMPUS, DATED AUGUST 21, 1986 TO THE CITY MANAGER FOR REVIEW AND APPROPRIATE RECOMMENDATION. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. j Mayor Xavier L. Suarez NOES: None. ABSENT: None. 67. DISCUSSION CONCERNING ENFORCEMENT OF LAWS CONCERNING DOGS IN CITY PARKS Mayor Suarez: Is Peter Knapp here? Peter Knapp: He is. Mayor Suarez: Peter. Mr. Knapp, Mr. Knapp: My name is Peter Knapp, 365 S. W. 31st Road, homeowner, resident of Miami. I petitioned the Commissioners today for the enforcement of the dog laws in the City parks. This mal and nonfeasance of enforcement of dog laws and the pooper scooper law in City parks causing pain, disfigurement and mental anguish of dog bite victims in City parks, causing the loss of tens of thousands of dollars annually and suits currently against the City of Miami for dog bite victims. Causing the loss of... Mayor Suarez (Off mike): Let me ask a question about that. ... my mike, too. Have we got a substantial number of lawsuits against the City based on dog bites in City parks? Mrs. Dougherty: I recall one but it was dismissed. Mayor Suarez: One lawsuit and it was dismissed according to the City Attorney. Mr, Knapp: I spoke to a park official in Kennedy Park three weeks ago and he said suits, plural. All right, I'll go on. Causing... Mayor Suarez: I just want to cut through some of the issues here to see what the real problems may be and not... 158 September 8, 1987 Mr. Knapp: OK, causing the loss of tens of thousands of dollars annually in the lost rrvenues, fines from non -enforcement. I suspect larger dollar amounts will be awarded dog bite owners especially punitive awards will be much higher because there's no enforcement. In the event of a, God forbid, death or gross disfigurement, the awards could be in the millions of dollars and this is a reasonable scenario because everyday I go there, there are Pit Bulls, German Shepherds, and Dobermans off leashes. I've witnessed them drinking out of the water fountains, urinating and defecating. They sometimes break into peoples lunches and they get incited by the food. I've been running that park for many years and I've never observed a policeman or anybody giving a ticket to a - for a dog violation. I have a remedy to this situation. Currently, you have a full time employee in the park and if you can train him to write a ticket and to communicate with the people and issue him a police radio for possible backups, I believe this will... Mayor Suarez: You're referring to which park specifically? Mr. Knapp: Kennedy specifically. Mayor Suarez: Kennedy. Mr. Knapp: I realize that there's sixty odd parks and so you have to multiply that in a factor there for this problem. And this remedy, I'm sure, will cut down dramatically on the lawsuits against the City. Part of the remedy... Mayor Suarez: Mr. Manager, how about a parks employee in Kennedy Park and any other park for that matter, having ability to communicate with the City through radio? Have we ever thought of that? On violations and so on. Mr. Odio: The Parks Department do have a radio system. Mayor Suarez: They have their own radio system so they can communicate and I think they can... Mr. Odio: They have a lane on the 800 megahertz, yes? Mayor Suarez: They have a linkage. All right. They're on our computer system. Maybe the radios aren't too visible, but they have them or should have them. Mr. Knapp: Well, I was referring specifically to the - there's a full time park maintenance man there. I know there's one, he picks up there everyday and I was thinking if he had a radio, could give tickets for the dogs and for littering as well. Mayor Suarez: I guess the maintenance employees don't carry radios with them do they? Some of them do? Mr. Knapp: OK, I have a suggestion that several large signs, say 3 x 5 foot with, "No Dogs Allowed in the Park, No Littering," strictly enforced by park personnel and attendants and so many dollars fine. This clear and concise sign would be a tremendous improvement over current signs that are double meaning. For a true example, in Kennedy Park, there are two signs placed together, within a foot apart of each other and one states that dogs are permitted on the perimeter of the park on leash only. The second sign specifically states, "No Dogs Allowed." So, it seems quite ambiguous to me. The rights of the majority should and will come before the few inconsiderate people that take their dogs to the park and it seems like the Commissioners here when they recently enacted the pooper scooper law, are encouraging people to take their dogs there and they're encouraging to take their dogs there with the signs that say, "Dogs Permitted on the Perimeter at the Leash Only" and the waste products... Mayor Suarez: We do have a leash ordinance so, what does that mean if the dog is running loose that's basically illegal and punishable by what? A firing squad. Mrs. Dougherty: By fine, if you know the owner. If not, they can pick up the dog. Mr. Knapp: But that's the point of this. There's no enforcement in there. And the dogs, the waste products that they pile up there in the course of a 159 September 8, 1987 i 0 year, it's unbelievable. I've seen a lady there for a month. She takes seven dogs there every morning. You multiply that and it's a - the place resembles an open cesspool when it rains. And that's about it. Thank you very much. Mrs. Kennedy: What are you proposing then? Mr. Knapp: To have some enforcement there. Ticket these people that are there with dogs. Dogs have no business in the park. I have a dog myself. I don't want you all to think I'm a dog hater. I keep him at home and stays in the fenced yard. I don't bring him there to defecate and urinate. Mrs. Kennedy: Mr. Manager... Mr. Plummer: So what you're asking is that the laws be enforced. Mr. Knapp: Correct. Mr. Plummer: Mr. Manager, we ask you that the laws be enforced. Mrs. Kennedy: Mr. Manager, enforce the law. Mr. Odio: Yes. Yes, madam, Commissioner. We will... Mayor Suarez: Perhaps the most used park in the City and it is a shame that some of these laws aren't enforced. We are just dealing the best we can with the personnel we've got but keep bringing these matter to our attention and call us individually, the Commissioners, and we will... Mr. Dawkins: Yes, but what I think... Mayor Suarez:....monitor what you're requesting. Mr. Dawkins: I've seen individuals with six dogs on a lease taking the dogs to Kennedy Park and I know the only reason he's taking them over there because somebody paid him to take them out of their house so they could relieve themselves. Mr. Knapp: Exactly right. Mr. Dawkins: I mean and if I see it, I don't see why the police don't see it. Mr. Plummer: We got one guy that's got about 18 dogs that run loose and follow him all up and down Tigertail and all through Kennedy Park. They're all his dogs. Mr. Dawkins: Yes, but these are on leashes I'm talking about. Mr. Plummer: No, these are not. Matter of fact, I think they arrested him the other day. Mr. Dawkins: Eighteen dogs! How do you feed them? Mr. Knapp: A few tickets I'm sure will take care it all. A $50 fine one time, not too many people are going to be, you know, running there a second time looking for a ticket. Thank you very much. Mayor Suarez: Thank you for your presentation. ------------------------------------------------------------------------------ 68. ALLOCATE $10,000 AS SEED MONIES FOR DOCKING OF "USCGC EAGLE" COAST GUARD SHIP AT BICENTENNIAL PARK Mayor Suarez: Item 83. Mr. Glass and you have Captain Mike O'Brian. Good to see you. Good to have you here even if you were having to wait a little while. Mr. Reeder Glass: Thank you, Mr. Mayor, and members of the City Commission. My name is Reeder Glass and I am Chairman of the Military Affairs Committee of the Greater Miami Chamber of Commerce. We have two items we'd like to present today. The first is in the nature of a thank you. 160 September 8, 1987 V # Mayor Suarez: All are good news, I know. Mr. Glass: I think they are. Some fifteen months ago, Bill Dresser, my predecessor on the chamber, appeared before you to request the City of Miami's participation in attracting visiting military ships to Miami for port visits. The City Commission, at that time, unanimously offered that support. By way of background, up to that point, only one or two military ships visited Miami in any one given year. Our purpose here today is to report to you the success of that program and to publicly note the Greater Miami Chamber's appreciation for the City's enthusiastic participation in that program. The City's of Miami's effort, for your information, was to include maintenance dredging of the Bicentennial slip, installation of Dolphin piers and provision for water and sewer connection. Mayor Suarez: It's a quarter of a million dollar project, I think, if I remember correctly. Mr. Glass: That entire project cost the City a quarter of a million dollars. Mr. Plummer: But look what we got back. Mr. Glass: The City's investment has resulted in nineteen Coast Guard ships, 21 U. S. Naval ships and 4 foreign flag vessels visiting the City of Miami since the first ship arrived in August, 1986. Some over 11,000 naval personnel have visited Miami representing an economic impact that we estimate to be conservatively approximately $2,000,000 with another $2,000,000 spent by these ships in port related services. These are both conservative estimates and represent an annuity to the City of Miami in that that's one year's results and we estimate that this will continue for years. In addition, and not directly economic, Miami has become the port of call for Navy ships and its image and credibility as such has been improved substantially. For example, in October, the first British ship will visit Miami since 1980 when Miami was put off limits because of the perceived crime problem. Were it not for the total cooperative effort of the City of Miami, this significant achievement could not have been reached. Specific credit is due the Commission for their enthusiastic support of the effort and certainly we want to commend the City Manager's office, the Department of Parks, Recreation and Public Facilities, the Miami Police Department, the City of Miami Department of Conferences and Conventions and also the USO and Navy League. In that sense, I'd like to introduce here today Bill Best who is the President of the Navy League. Bill, if you'd stand up. Ron Smith who is Executive Director of the USO and Peter Englund who is with FP&L and is part of our Marketing PR Committee. Second item and Ron would you give the Commissioners that, is to request the City's support in budgeting a sum for the promotion and support of the visit to Miami in April of 1988 of the Coast Guard ship, tall ship Eagle. The Coast Guard has scheduled the tall ship Eagle to visit Miami between the time of April 26-28, 1988. Built in 1936, it represents the seventh ship carrying the Eagle name since 1792. It is approximately 300 feet long with over 21,000 square feet of sail and it carries 175 cadets and instructors. It was the flag ship... Mr. Plummer: I move, Mr. Mayor, the $10,000 of seed money for promotion of this 200th anniversary of the Coast Guard be granted and I would like to volunteer my services to serve as liaison between that committee and the Commission. Mr. Carollo: Second. Mr. Odio: Could you - well, I have the choice where the money comes from, bed tax, bed tax. Mr. Carollo: I thought you were going to volunteer us on the boat. Mr. Plummer: Because of the boat, yes. Mayor Suarez: Moved and seconded. Mr. Odio: From the bed tax. Mr. Plummer: From the bed tax, of course. 161 September 8, 1987 0 Mayor Suarez: Any further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-831 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $10,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, AS SEED MONIES IN CONNECTION WITH THE DOCKAGE OF THE "U.S.C.G.C. EAGLE," A COAST GUARD SHIP; FURTHER DESIGNATING VICE -MAYOR J.L. PLUMMER AS THE CITY COMMISSIONS LIAISON FOR SAID PROJECT. Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Glass: Thank you very much. I would like to... Mr. Dawkins: Sit down while you're winning now. Mr. Glass: ... specifically introduce Mike O'Brian who is the Chief of Staff of the Seventh U. S. Coast Guard District and who has worked closely with us in the visiting ship's program. By virtue of Admiral Thoreson's efforts, 19 Coast Guard ships have come here where previously none did. Mayor Suarez: You know, they always throw around those figures. It's good to have you, Captain. They always throw around those figures of how much... Mr. Dawkins: Admiral, he's not captain. Mayor Suarez: Is it admiral? Mr. Dawkins: Yes. Mr. Glass: No, no, he's the Captain there. Mayor Suarez: Captain - works for the Admiral. You know, you throw around those figures of how much we - any one activity generates in economic impact to an area, you might dig up those kinds of calculations. Go ahead and give a global figure whenever you make these presentations. You probably already have it, I... Mr. Glass: We will and we intend to get more publicity relative to this program. Thank you very much. Mayor Suarez: Thank you, Reeder, for your efforts. All of you. NOTE FOR RECORD: No one appeared on item 84. 162 September 8, 1987 69. ALLOCATE $35,000 TO SOCIAL ACTION AGENCY FOR FOOD CO-OP PROGRAM Mayor Suarez: Item 85. Social Action Agency. Mr. Gene Sanchez: Honorable Mayor and City Commissioners, my name is Gene Sanchez. I am vice president and member of the board of Social Action Agency at 1336 N. W. 22nd Street. The purpose of this presentation is to request the City approval of our proposed budget that it has been given previously. The funds that we are requesting will permit our non profit organization to open and operate during the year 16 food co-op stores in the City of Miami that will be distributing food sufficient to cover the recommended daily dietary allowances of over 9,600 families. Currently, we are receiving the food donated from the Daily Bread food bank. However, in the future, we will receive the food and other commodities directly from the U.S. Department of Agriculture for distribution to the homes, directly into the homes of those eligible people. As this is a very cost effective project that will require some local help and that will serve to feed the people in the Miami area, we are requesting your help in approving those funds required. Thank you. Mayor Suarez: Mr. Manager. Mr. Odio: I would request that you turn this over to the administration. I'll be talking to Commissioner Kennedy and I feel that they do have a warehouse full of food. I've seen it, it's incredible. Mrs. Kennedy: Yes, let me tell you, I've been to the warehouse. I've seen the food and I think that there is a great need for programs like these. Not only the Little Havana area, but in other areas of the City. What I would like to see from them is just - I look at this as a business deal. You know you have to - the first thing you have to do is cover your operating cost. Once you do that, then you have the net gain. How are you going to reinvest this money in the program? Like are you going to buy more food, in other words, tell me about how you're going to do this. Mr. Al Gutman: As you know, we are a non profit organization so we are not going to make any money. The only - the cost that we are trying - that we are covering is the administrative cost of salaries of the people, rental of the trucks, etc., etc. and if and when we have any resources that will result from what we charge for the distribution because we will distribute the food to the houses of the people. If is any difference what we will be do in the cycling of, you know, we will not charge anything. In other words, the people will pay only for the cost of the transportation to the houses and if that amount of money that we collect result in any kind of funding that will be quote, unquote used in excess of the matching, then what we would do is we don't charge. In other words, we will go to the optimum service of that, because we don't have to charge. Because the food we receive - probably we are talking about one million pounds of food. We have 250,000 currently, what you saw and that cost only 12 cents to bring. If we charge 25 cents, we have... Mrs. Kennedy: Per pound, per pound. Mr. Sanchez: Per pound, yes. If we charge between - we have to charge 12 cents up to a maximum of 25 cents if that is what we are charge. Whatever is the remaining, if we go for the 25 cents which is our target amount currently as I am speaking here. If we go for the 25 cents and we get the 25 cents per pound and is a 12 cents profit quote, unquote, what we will do is that eventually during the cycle of the year, we will not charge anything because we are nonprofit organization. Mr. Plummer (Off mike): Let me ask you a question. Say that you've got enough food to serve 96,000 people. Mr. Sanchez: 9,600 families. Ms. Hirai: Vice -Mayor. Mr. Sanchez: Households, which is approximately in the City of Miami. It would be between 36 and 40 thousand people. 163 September 8, 1987 0 V Mr. Plummer (Off mike): Are all the recipients of this food within the City of Miami? Mr. Sanchez: Exactly, we are - yes, we are talking about all the recipients of that in the City of Miami. However, we are not covering the City of Miami only. We are covering the county, the state, the countywide project. Mrs. Kennedy: No, it's not just for the citizens of Miami, it's countywide. Mr. Sanchez: No, exact... it's countywide, yes. Because the U. S. - Department of Agriculture presents and gives this food for the whole county. Yes, it's on a countywide. Mrs. Kennedy: Well, the Manager stated that he had some funds for the homeless and this will qualify under that program so I guess the best thing is to refer it to you and for you to... Mr. Odio: We are receiving a grant for - to feed the homeless so they would have to provide food to the homeless and I think we can then provide funds from there. Mr. Plummer: Well, that will also give us an idea and give us a start as to what's happening and then we can fund after that. Mr. Odio: Right. Mr. Plummer: So what do you propose, to give the thirty thousand grant to them? Mrs. Kennedy: So then I... Right. Mr. Plummer: How far will that get you along? Mr. Sanchez: I think that it will - six months. It's a good estimate. Mrs. Kennedy: Is that reasonable? Mr. Sanchez: It's reasonable. Mr. Plummer: I second the motion. Mr. Dawkins: If you're working in the county, what did the county give you? Mr. Sanchez: Probably the same amount. Mr. Dawkins: No, no, no, no.... no probably. No probably. Mr. Gutman: No, no the county... if I can answer that question. Mr. Plummer: Well. Mr. Sanchez: Yes. Mr. Al Gutman: I'm sorry, Commissioner Dawkins. Mr. Dawkins: That's OK, Representative Gutman. Mr. Gutman: The county, at present, has given a 7,000 square foot warehouse plus equipment to handle the food. Thus far, that's what they have given. We're also working the state at present, the Department of HRS is looking at which ways they can accommodate us a little more and help us out maybe with matching funds from the state or with additional commodities. That is in the works right now and we expect to see something as a result very soon. Mr. Plummer: Well, I think you understand what we're saying. That the money that we give you is going to go towards feeding those people in the City of Miami and no where else. Mr. Sanchez: That is exactly so. 164 September 8, 1987 Mr. Dawkins: Well, no, J.L., the money that we are giving must be matched by money in the - because the trucks that the county has, we're bringing it to everybody in the City and the warehouse it's coming out of. But I don't think the warehouse and the trucks equal $30,000. Mr. Plummer: Well, but are we going to be concerned about the feeding of the people in the county or is that the county's concern? I think our money, the thirty-five... Mrs. Kennedy: That's our money, we should... Mr. Plummer: ... the thirty thousand that we're putting up, we should be concerned about feeding the people in the City. Mr. Dawkins: Well, I am but you got to deliver it to them. Who's going to de... Mr. Gutman: Yes, let me, let me - Commissioner Plummer, or should I say, Vice -Mayor Plummer, the - I understand your concerns in regards to the City of Miami. The City of Miami will reap the most benefits out of this program, I can guarantee you that. Most of the people that will be fed through this program are in the City of Miami. It will extend into Miami Beach, however, a little bit but that's it. It's mostly dedicated to the City of Miami. Mr. Plummer: Well then, Al, the obvious question, how much is Miami Beach giving you? Mr. Gutman: Miami Beach we're working on, about $22,000 right now. Mr. Plummer: All right, that's fair. I think what you ought to do, Mr. Manager, you have the $30,000 grant, I think you ought to give them an additional five and where ever you take it from, that's half of the request and give it to them for six months. Make it thirty-five. Mr. Carollo: I'll go along with that. Mrs. Kennedy: OK, I'll make it thirty-five. Mr. Plummer: I second the motion. Mayor Suarez: Moved and seconded. Any further... Mr. Plummer: Now, Al, to all of you, don't wait until the six months are up to come back, OK? Come back in five months... Mr. Gutman: Sir - we'll be back at the next Commission meeting. Mr. Plummer: No, no, no, no. Mr. Gutman: No, I understand. It was a little humor. I understand. Thank you, sir. Mr. Plummer: OK, call the roll. Mayor Suarez: Call the roll. Mr. Dawkins: Call the roll. Mr. Sanchez: Thank you. 165 September 8, 1987 The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-832 A RESOLUTION ALLOCATING $5,000 FROM THE SPECIAL PROGRAMS AND ACCOUNTS: CONTINGENT FUND TO SOCIAL ACTION OF LITTLE HAVANA, INC. TO IMPLEMENT ITS FOOD COOPERATIVE PROGRAM AND ALSO EXPRESSING THE INTENT TO ALLOCATE $30,000 TO SAID AGENCY FROM THE FY-87 EMERGENCY SHELTER GRANT PENDING THE APPROVAL AND AWARD OF SAID GRANT FROM THE U.S. DEPARTMENT OF HOUSING (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 70. LATIN ORANGE FESTIVAL GRANTED BEER/WINE PERMIT AND USE OF BAYFRONT PARK ------------------------------------------------------------------------------ Mayor Suarez: Item 86, Celia. Mr. Dawkins: I move 86. Mr. Plummer: I second it. Mr. Dawkins: Moved and seconded. Any discussion? Mrs. Kennedy: Let me just on the record call Pete Long and ask him if this is going to interfere with any part of the construction of the park. Mr. Plummer: Pete Long. Mr. Pete Long: Here I am. Mr. Plummer: The contractors are in there that will give a waiver? Have you talked to them? Mrs. Kennedy: Just answer, Pete, yes or no. Mr. Long: I don't think I have to because we're not committing any section of the park that will be under construction at that time. Mr. Plummer: Call the roll. Mrs. Kennedy: Can we handle the crowd? Mr. Long: We can handle the crowd because we have fencing that will exclude the public from going into any of our construction areas. Mrs. Kennedy: OK, call the roll. Mr. Plummer: Call the roll. Mayor Suarez: Call the roll. 166 September 8, 1987 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 87-833 A MOTION GRANTING A REQUEST RECEIVED FROM REPRESENTATIVES OF THE LATIN ORANGE FESTIVAL COUNCIL TO USE PORTIONS OF BAYFRONT PARK IN CONNECTION WITH THE HOLDING OF SAID EVENT ON DECEMBER 31, 1987; FURTHER APPROVING THEIR REQUEST FOR A TEMPORARY PERMIT TO SELL BEER AND WINE AT SAID EVENT. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: Bye. Mayor Suarez: Very eloquent presentation. UNIDENTIFIED SPEAKER: Thank you. Mrs. Kennedy: Worth waiting for. Mr. Plummer: Celia, if you talk anymore, we're going to reconsider. ------------------------------------------------------------------------------ 71. ALLOCATE $8,300 FOR USE OF IN -KIND SERVICES IN CONNECTION WITH THE NATIONAL CONFERENCE OF POLICE EXECUTIVES AT COCONUT GROVE EXHIBITION CENTER ------------------------------------------------------------------------------ Mayor Suarez: Item 87. You want a waiver of the fees at Dinner Key Auditorium? UNIDENTIFIED SPEAKER: Yes, sir. Mr. Dawkins (Off mike): Move it. Mayor Suarez: You got a motion, do we have a second? Mrs. Kennedy: Second. Mayor Suarez: Seconded. Mr. Plummer: What? Wait a minute, what is... Mrs. Kennedy: How much are we talking about, under discussion. Mr. Plummer: For what? For who? Mr. Golby: The total... Mrs. Kennedy: The National Conference... Mr. Golby: The total fees are $8,300, the rent if $4,500. Mr. Plummer: Wait, what are we talking about? The Merengue Festival? Mrs. Kennedy: No, police executives. 167 September 8, 1987 Mr. Carollo (Off mike): Move. Move. Mayor Suarez: National Hispanic Police Officers. Mr. Plummer: Oh, yes, yes. Mr. Carollo (Off mike): Move. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-834 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $8,300 FROM 1986-87 SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER COSTS FOR CITY SERVICES, FEES AND RENTALS REQUIRED FOR THE 1987 NATIONAL CONFERENCE OF POLICE EXECUTIVES TO BE CONDUCTED AT THE COCONUT GROVE EXHIBITION CENTER, BY THE HISPANIC POLICE OFFICERS ASSOCIATION ON NOVEMBER 21, 1987; SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Done very well, officer. UNIDENTIFIED SPEAKER: Thank you very much. Mr. Plummer: Go away and sin no more. ------------------------------------------------------------------------------ 72. ALLOCATE $5,200 TO COVER IN -KIND SERVICES FOR "MERENGUE FESTIVAL" CONDUCTED BY ASSOCIACION COMUNAL DOMINICANA IN ALLAPATTAH COMSTOCK PARK ------------------------------------------------------------------------------ Mayor Suarez: Item 89. Mr. Plummer: How much are you asking for? Mr. Odio: $5,200. Mr. Mariano Cruz: A waiver of the fee of Allapattah Comstock. Mr. Odio: A waiver of the fee... Mr. Plummer: How much? Mr. Odio: Five thousand, two hundred. Mr. Cruz: Forty... Whatever... Mr. Odio: Two hundred. 168 September 8, 1987 Mr. Plummer: It's a waiver of the fees. Mr. Odio: Right. Mr. Plummer: Let me tell you something, I met with these people the other night up at the park and I got to tell you something. If there is any one group in this City that is deserving - when I found out that their kids don't even have a water fountain at that park, it is depressing. I would move, with pleasure, that that - how much is it? Mrs. Kennedy: Forty-five. Mr. Mariano Cruz: Fifty-two hundred. Mr. Plummer: I would move that that fifty-two hundred be given in the good interest of this City to try to say to these people we love you. Mr. Carollo: Second. Mr. Plummer: OK? Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. Mr. Plummer: They don't even have water fountains! The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-835 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $5200 FROM 1986-87 SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER ALL OR PARTIAL COSTS FOR CITY PERMITS, SERVICES AND FEES REQUIRED FOR THE FIRST MERENGUE FESTIVAL TO BE j CONDUCTED BY THE ASOCIACION COMUNAL DOMINICANA, INC. ON SEPTEMBER 20, 1987, IN ALLAPATTAH COMSTOCK PARK; SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins Mr. Plummer: And I didn't even have to tell you that Santo Domingo is now a sister city. Mr. Cruz: Sister city. Mr. Plummer: Bueno. Mayor Suarez: Very good, very eloquent too. Mr. Cruz: Thank you. 169 September 8, 1987 0 73. ENDORSE "TOUR OF THE AMERICAS BICYCLE RACE" Mayor Suarez: 89.1. David Woodcock: Mr. Mayor and fellow Commissioners, my name is David Woodcock and I'm a director of a corporation called the Tour of Florida Sports Promotions which will be bringing into the City of Miami in February of next year, the Tour of America. This week you will be getting a tremendous amount of publicity here because of the visit of Papa the Pope and that when the Eagle comes in at the behest of the group ahead of us, you will also be deriving a lot of publicity and what have you. In February, we will be terminating the first running of the Tour of the Americas. It is a bicycle race based similarly to the Tour de France. It will start in Valencia, Venezuela, proceed to Caracas through the mountains. The racers, a 150 of whom racing for over $150,000 will then be airlifted to Jacksonville where the race will proceed from Jacksonville down through Orlando and Tampa. The final day of the race, the ultimate of the race will be a road race from Palm Beach here to Miami. We are currently working with the administration, Mr. Odio to get the proper permits what have you. We merely want to present this opportunity to you as the City of Miami fathers and ask for your blessing... Mrs. Kennedy: And mother. Mr. Woodcock: ... and mothers; ask for your blessing and ask for a proclamation and any sort of promotional help that you might give to us as the time goes by. Mayor Suarez: I'll entertain a resolution to that effect. Mrs. Kennedy: I so move. Mayor Suarez: A motion to result to that effect. So moved. Mrs. Kennedy: It's a great idea. everybody benefits, yes. Mr. Woodcock: It certainly is. Mr. Dawkins (Off mike): I second. It brings two nations together and it's - Mayor Suarez: Commissioner Dawkins seconds it. Mr. Woodcock: You have our material. Mr. Dawkins (Off mike): I second. Mayor Suarez: Have you gotten, Mr. Manager, since you're still a member of the statewide sports coordinating... Mr. Odio: Yes, sir. Mayor Suarez: Have you gotten involved in this? This sounds like an interesting offer. Mr. Odio: I told him that and... Mr. Woodcock: Yes, we have talked with Dan Burden who is the state coordinator. Interestingly enough, I might add that with Mr. Burden's assistance, we're developing a program which is a nation under his auspices and the City of Miami will be the host city for a program called Spokey, which will be a bicycle safety program aimed at all children throughout the United States. Mayor Suarez: Also the Dade County Council for Sports, whatever the name of it is... Mr. Woodcock: Yes. 170 September 8, 1987 Mayor Suarez: ... if you haven't already spoken to them to help you with the promotion. OK, call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 87-836 A MOTION OF THE CITY COMMISSION FULLY ENDORSING THE "TOUR OF THE AMERICAS BICYCLE RACE" PRESENTLY SCHEDULED FOR FEBRUARY 20-28, 1988; FURTHER DIRECTING THE ADMINISTRATION TO HAVE THE APPROPRIATE RESOLUTION PREPARED COMMENDING THIS GROUP'S MEANINGFUL CONTRIBUTION TO THIS COMMUNITY. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: What is this? This is on the bikes? Mayor Suarez: At this point, no money. Just promotional help and endorsement and resolutions calling for it to be a fantastic success. FOLLOWING COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: We have no doubt it will be. Are you going to ride in it? Mr. Woodcock: Not me. Too old. Too heavy. Mayor Suarez: All right. A little well dressed to be riding a bike. Mr. Woodcock: Gracias. 74. ALLOCATE $5,000 FOR TABLES AT GIBSON MEMORIAL FUND TO BE USED BY INNER CITY CHILDREN Mr. Plummer: Miller, come here for a minute. Mr. Dawkins: Yes, sir. Mr. Plummer: Mr. Mayor, I am astonished to find out that - where's Thelma Gibson? This City always in the past in honor of our colleague... Mr. Dawkins: See if Mrs. Gibson went out the door, please. Mr. Plummer: See where Mrs. Gibson... Mr. Dawkins: See if Mrs. Gibson - here she is. Mr. Plummer: That in the past, this City has always bought a table in his honor in the scholarship foundation and the memorial fund. That this year, for some reason, instead of buying the table at a $1,000 we bought it at $500. Now, I don't know why and I'm not going to ask why, but I'm going to make a motion at this time that this Commission expend $5,000 to buy five tables and invite... 171 September 8, 1987 1 Mr. Dawkins: So move. Second. Mr. Plummer: ... inner city kids to that banquet to let them know about one of the greatest guys that ever served on this City Commission. I so move. Mr. Dawkins: Second. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. (Applause) The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-837 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $5,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE GIBSON MEMORIAL FUND TO PURCHASE TABLES FOR THE GIBSON MEMORIAL DINNER TO BE HELD SEPTEMBER 30, 1987, TO ENABLE INNER-CITY CHILDREN TO ATTEND THE 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 Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo* NOTE FOR THE RECORD: ALthough absent during roll call, Commissioner Carollo requested of the Clerk to show him voting with the motion. COMMENTS DURING ROLL CALL: Mr. Plummer: To my good friend, the City Manager. Mr. Odio: That's right, look what you've got in your hand. Mr. Plummer: Responds in Spanish "Tacano." Wait, would you hold that up a little bit higher what you've got in your hands. Mayor Suarez: I'm changing my vote right now. (Laughter in the Chamber) Mr. Plummer: I didn't see it. I didn't see it. COMMENTS AFTER ROLL CALL: Mr. Dawkins: I'm pretty - where is Joe? Mr. Plummer: I didn't even see it. Mayor Suarez: Item 90. Mr. Dawkins: Joe. Mr. Plummer: What? September. Oh, by the way, Mr. Mayor, that banquet is September the 20th and I would hope that all of the members of this Commission would see fit to go and honor and pay tribute to a man who did just that for this City. The banquet is where? INAUDIBLE RESPONSE. i 172 September 8, 1987 10 ! Mr. Plummer: At the Marriott Hotel. It's on a Sunday afternoon and I just hope and pray to God that all of us would show up. Marriott on the Bay, right. Mayor Suarez: Thelma I would advise you leave as quickly as possible in case we change our minds. NOTE FOR THE RECORD: Item 90 was withdrawn. 75. DISCUSSION CONCERNING WEST INDIAN-AMERICAN DAY CARNIVAL ASSOCIATION OF GREATER MIAMI, INC. Mayor Suarez: Ninety-one. And we have competing organiza... Mr. Odio: They are not requesting City funding. Mr. Dawkins: OK, what is it? Mayor Suarez: We have two competing organizations that want to have the same theme Festival and the same - does it have to be the same day? Mr. Plummer: Wait, what is this? What number is this? Mr. Aldwyn Thomas: Well, well I'd like to say that... Mr. Odio: Ninety-one. Mrs. Kennedy: ... West Indian -American... Mr. Odio: One is the loth and the other one is on the 11th. Mr. Thomas: OK, my name is Aldwyn Thomas and I live at 1951 N. W. 85th Way, Pembroke Pines. I guess my purpose here today is to seek a waiver of fees for a festival parade that is going to take place on October llth. Before I do that, I just want to give a little background of our association and where we stand. The West Indian -American Day Carnival Association of Greater Miami, Inc., was incorporated as a non-profit corporation on November, 1984. Around April the following year, we received tax exempt status to conduct within the seven days preceding Columbus Day weekend, a West Indian type carnival in Miami. The end result of these activities, it is hoped, will further stimulate an understanding of steel band music and other musical forms derived from the cultural experiences of West Indian nations and thus encourage public acceptance and appreciation of such musical forms as an integral part of American musical culture. The association was created as a result of the ever increasing population of West Indians in South Florida area. More so, South Florida has become a truly multi -ethnic society with a blending of diverse cultures. And our main objective literally is to promote a cultural understanding and good will among community neighborhoods to stimulate an interest in steel band music to celebrate the cultures and customs of Western American peoples and to provide an avenue for students through workshops and get an education in the process of carnival and steel band music and five, to establish a scholarship fund for a student of the Caribbean in art and music. For the first two years we been putting on this parade in the Greater Miami area, north Dade County to be exact. However, because of the spectacle that we envision this coming year, two visits from - two visitors who will be coming into Miami during that weekend, we are seeking the support of the City of Miami in promoting this event. What I'd like to do, I'd just like to briefly pass along some information... Mr. Plummer: Has this been to the Manager? Mr. Thomas: No, it hasn't been. 173 September 8, 1987 0 0 Mr. Plummer: We know that this is going to have to go to the Manager before you make your presentation. Mr. Thomas: Well, we were given instructions to the Community Development Division. At least we requested an audience for a waiver. Mr. Plummer: But the policy of the City Cot mission, Mr. Manager, is that none of these items are scheduled for public appearance until they've been before you. Mr. Odio: You met - he met with Frank Castaneda, I believe. And Frank, after meeting with them... Mr. Plummer: In other words, you're ready to make a recommendation? Mr. Odio: Yes. Mr. Plummer: Oh, OK, I'm sorry. I asked you if they'd met with you. Mr. Odio: Not with me. Mr. Dawkins: What is your recommendation? Mr. Odio: Denial. Mr. Dawkins: What? Mr. Odio: No funds. We have none. Mr. Dawkins: OK. Mr. Thomas: Well, I guess, just to continue on, we are expecting... Mr. Dawkins: No, there's no... Mr. Thomas: No, I just want to make a brief point in terms of, you know, I don't have a problem with that, really. But, I just want to make, you know, a brief presentation as to the kind of impact that we would expect. For example... Mayor Suarez: What happened to North Miami as a sponsoring city? Mr. Thomas: Well, we have - OK, to date we have received a grant from the Metro -Dade Council of Arts and Sciences of $7,000. We've also been approved for a grant of $1,100 by the State of Florida Arts and Culture to develop a workshop. This grant is to assist us in the promotional activities. What we are trying to do to come into Miami is to get a greater impact by corporate - by the larger corporations so that we can promote and market this thing better than we did up in north Dade County. We feel that there will be a greater impact in the City of Miami as to the type of spectacle that we hope to present. We are an affiliation with the North American... (INAUDIBLE COMMENTS OFF MICROPHONE)... Officials in the City of Miami... In addition, I have been to New York this weekend and these are handouts of the amounts of excursions that will be coming down in the City of Miami and be using city hotels and what have you. So, I'd just like to... Mr. Plummer: Thank you. Mr. Thomas: But, to emphasize, I don't see us in the light of a competing organization as was stated earlier. We've been doing this thing for the past two years and we're moving along. At least we have already created an impact, the momentum is here. There have been songs sung on Miami as a great place to be for this festival. So I just wanted to emphasize that point. That we're not a competing organization. We are putting on - we've been putting on this... Mayor Suarez: If you choose to do it in the City and if you want our promotional support in view of what you've shown me, you'd certainly have it in terms of, you know, nice letters and so on like you have from Mayor Koch and the Governor of New York and Governor Cuomo so on... Mr. Thomas: Well, I've already asked you for a proclamation. 174 September 8, 1987 0 0 Mayor Suarez: And if you'd want funding at this point, I guess the City Manager's recommendation is none and we do have a festival policy in the City and it would be very difficult for us to step away from that at this point. Mr. Thomas: OK. Thank you very much for the time. Mayor Suarez: But we'll certainly, you know, help you to promote it in any way we possibly can. Certainly I don't... Mr. Thomas: OK and I hope you can issue a proclamation declaring October 3- 11th... Mayor Suarez: Absolutely. Mr. Thomas: ... West Indian -American week. Mayor Suarez: Absolutely, just coordinate that through my office. Mr. Thomas: I have done so already. ------------------------------------------------------------------------------ 76. DISCUSSION AND DEFERRAL OF PRESENTATION FOR RENOVATION OF COCONUT GROVE EXHIBITION CENTER Mayor Suarez: Item 93. Mr. Jahn Gilchrist: Yes, sir, we have the firm of Spillis and Candela and Wright Rodriguez and Schindler the associated architects who have put together a conceptual program for expanding the Dinner Key Exhibition facility. Mr. Plummer: Has this been before the committee? Mr. Gilchrist: It has been before the Sports Authority. Mr. Plummer: No, I'm talking about the committee that was established to oversee. Mr. Gilchrist: Yes, sir. Mr. Plummer: As I recall, Larry Pearl is on that. They've already seen this presentation? Mr. Gilchrist: They have visited every committee that has any vested interest in it, every citizen who has any vested interest in it. It went to the Sports Authority last Thursday and they passed a resolution recommending that we move forward which is moving into the design development phase of it. Mr. Dawkins: Why would it go to the Sports Authority? Mr. Plummer: Because they have approval over the 10 million dollars. Mr. Gilchrist: It's their 10 million dollars. Mr. Dawkins: They don't have - that's our 10 million dollars. Mr. Plummer: No. Mr. Dawkins: That's the 10 million you all went and borrowed. Mr. Plummer: That's... Mr. Dawkins: And they're supposed to replace. Mr. Plummer: No, that's - they have the approval, we agreed to that. Mr. Dawkins: J.L. light - telephone. Mr. Plummer: They get it back. 175 September 8, 1987 0 0 Mr. Gilchrist: All right. Mr. Julio Grabiel would like to start the presentation. Mr. Plummer: Before you start, let me ask you a question. You're the overall architect? Mr. Julio Grabiel: Yes, sir. Mr. Plummer: How much money did we have to spend? Mr. Grabiel: Five million dollars, sir. Mr. Plummer: Total. Mr. Grabiel: Total Mr. Plummer: With everything. Mr. Grabiel: With everything. Mr. Plummer: Furniture, chairs, air conditioning - you hand me the key for five million dollars. Mr. Grabiel: Including contingencies. Mr. Plummer: Including your fees. Mr. Grabiel: Yes, sir. Mr. Plummer: Thank you, proceed. Mr. Grabiel: We know time is very short so we'll try to be as quick as possible. Please stop us if you have any questions and we'll try to answer it if we miss any points. Mr. Ed Wright: Ed Wright, City of Miami, Wright, Rodriguez and Shindler, Architects. I'd like to start the presentation by presenting the task that we had to contend with in this project. Task one was to establish a master plan that would determine the potential of this facility and maximize its potential in order to create a competitive conference center. The task two was to survey and examine the existing structure and make sure that if there were any code or safety violations, that they would be noted and brought to the attention of the committee. The task three was to work within a budget of 5 million dollars and establish a workable exhibition center that could be competitive in the - within the amount of square footage that it presented. Mr. Grabiel: Our recommendations are the following: One, we need to address the existing building conditions. We need to bring it up to current codes and life and safety issues, number one. Number two, it has been shown to us the increased need for exhibition space, flat floor exhibition space. Three, there is need, dire need for meeting rooms for facilities of this kind and those are required right now too. And three, there is a need to upgrade the exterior appearances of the facilities. What we're suggesting as an... Mrs. Kennedy: And a dire need - excuse me - to have the entrance on Bayshore Drive. Nobody knows where the entrance is nowadays. Mr. Grabiel: That's part of the proposal. What we're proposing is an overall master plan. Would you bring that up, over there. Is to - this is - the drawing that you see in here is the overall master plan. The first phase that we're talking about is only this area over here. What we're suggesting is all that could happen to the facility if the meeting rooms, which would be located in this wing over here, were eventually to take place. Now, for first phase, which is the $5,000,000 budget, what we're suggesting is a space right between Coconut Grove Exhibition Center and Bayshore Drive where the entrance of the facility would be located right in here. This will allow also for additional parking spaces of 130 between existing... Mayor Suarez: I presume your idea on that is to have a whole new facade. To make it more attractive and to make it look like there is a convention center there. 176 September 8, 1987 Mr. Grabiel: Yes, that we will do. Mr. Plummer: I'm sorry, there's a policy of this Commission set back with Merrill -Stevens that there would be nothing of any kind of parking between any buildings presently existing and Bayshore Drive. You can't have parking in there. Mrs. Kennedy: Did anybody tell you that? Mr. Grabiel: No, nobody - we were not aware of that. Mr. Plummer: Remember when they wanted to build a parking structure at the Dinner Key Auditorium? Mr. Gilchrist (Off mike): I think the Dinner Key master plan allows... Mr. Plummer: I think you're going to find that this Commission established a policy that there would be nothing but green area between any existing buildings and Bayshore Drive. Now, go from there. You can check it. Mr. Gilchrist (Off mike): There is an existing parking area there now. Mr. Odio: No, it isn't. They're parking there illegally. Mr. Gilchrist: No, no, there is... Mayor Suarez: No, there's parking there. But, you might want to keep in mind if that was the policy and if it made sense, you know, to almost virtually eliminate the parking there and have more of a drive around facility, you know, I mean... Mr. Grabiel: Yes, the only thing we need actually is... Mayor Suarez: ... you want to make it as attractive and parking is not the most attractive thing you want to have as close to South Bayshore as possible. Mr. Grabiel: ... is to create a drop off for buses. If you have a large convention who is using this as exhibition, you need to bring buses and drop off and that's what we're providing right here. If there's no parking there, that can be accomplished the same way. Mayor Suarez: That's - yes - certainly should not be a major parking lot in front of the facility, otherwise you take away the facade. Mr. Gilchrist (Off mike): But, can you make the landscape? We're really talking about upgrading the entrance, landscape, and carrying the greenery down along Bayshore to make it a worthwhile landscaping. And that, in turn, allows us to refurbish existing parking, OK? Which would accomplish getting some additional parking in there. Mayor Suarez: I know most of what you say goes directly to God's ears, but please speak into the mike in case God misses out on. Mr. Gilchrist: Sorry. What I said was that we're proposing to upgrade the existing landscape and make a real entry into Pan American Drive and to carry that landscape further south along Bayshore Drive. In addition, we're proposing to refurbish existing parking to the extent... Mayor Suarez: But you understand, there may be a conflict in the purpose of having a nice facade, an attractive inviting facade, and what Commissioner, Vice -Mayor Plummer is talking about. If you're going to use it to put the buses or, you know, drive around, that may not be so inviting. I don't... Mr. Gilchrist: Well, we're - to go back into that, but we're making a major entrance into it when you look at the plan inside, it allows us to use this area, that area, this area or that area separate for it and you really need that major entry on this side. You'll see when you get to the plan. Sorry to jump in there, but... Mr. Grabiel: The way that the facility would work - and if you'd raise that plan over there - is that we're adding... we're planning for 32,000 square 177 September 8, 1987 feet in front of the existing facility opening up the walls of the existing facility so there's flow of space - continued flow of space from the new facility to the existing facility eliminating all the non essential items over here so you have one continuous flow. The space itself would be the full height matching the existing and through the existing doors here and here you will be able to trove from one section of the building to the other. Also, by including operable walls, air walls in the facility, this space would have the multiple function of being either exhibition or meeting rooms and break out room which is what you need right now. And could even work as registration spaces and things like that. Also, by its location here you could have multiple functions occurring at the same time. For example, you could have this functioning as an entrance with the major exhibition hall and through connecting hallways some of the other function using some of the other hall so we'll get more use of the facility than you're getting right now. Including... one of the elements we're also suggesting - this one over here - is to improve the existing entrance to Dinner Key at the same time. That is relandscaping that entrance, adding plant material that is compatible with the existing program that you have for all of Dinner Key. Mr. Plummer: Where is the new City of Miami sign going? Mr. Grabiel: It's on either side, we're talking about a coral rock wall that matches, you know, the area with the names of the City of Miami City Hall on one side and Dinner Key on the other. And landscaping would surround it, we have flowers, we have very dense trees, coconut palms and royal palms tying with the historic Pan American Drive. So all of that will be tied. By the way, the landscape architect that's working with us is Alberto Perez who is the one who designing the rest of Dinner Key so everything ties together very well in the overall master plan. Budget, which is very important. We're talking about a $5,000,000 budget of which we're spending... INAUDIBLE COMMENTS. Mr. Grabiel: OK, of which we're talking about $872,000 to bring the facility up to code. There's a series of elements that need to be bring, we've been talking with the Fire Marshal about them; sprinklers, water for fire extinguishers, etc. Two, there is renovations that need to be done to the facility; metal siding, there's leakage on the building, the air conditioning equipment seems to be ready to fall apart. Those need to be repaired. That ups to a million - two million dollars worth of renovations to the existing facility. The money that's left over allows then for 24,000 square feet of the exhibition hall to be built. What we're suggesting to you is that we prepare drawings for the full 32,000, which will be the ideal construction and separate it into alternate bids. There is a 20 percent contingency that we have worked into the budget as the bids come in, we'll analyze it and see if we can then build the full 32,000 square feet facility. If not, we can build at least 24,000 which is this area over here. Mr. Plummer: Put the other thing you had up there about Phase 1, Final Phase. I think it was one of your first charts. Mr. Grabiel: Yes, it's right here, sir. This is Phase 1. Mr. Plummer: No, no, no. Mr. Grabiel: This is the full... Mr. Plummer: He's got it right there. Mr. Wright: Yes, this is the one here. Mr. Plummer: All right, you're saying for Phase 1 is $5,000,000. Mr. Wright: This one here, Phase 1, yes. Mr. Plummer: Yes, sir. Are you telling me that for my $5,000,000, I get no meeting rooms? Mr. Wright: No. Mr. Grabiel: What you're getting is a space which has the multi function space which can be subdivided into meeting rooms, to large break out rooms. 178 September 8, 1987 W f1 Mr. Plummer: But, I'm paying $5,000,000 to get $24,000 of additional space - I'm sorry, 24,000 square feet, an additional 300 square feet of storage and no additional office space. Mr. Gilchrist: No, sir, what you're getting is 129,000 square foot of upgraded higher quality exhibition facility. Mr. Plummer: That's fine for $5,000,000. In the Knight Center, I got 32,000 square feet for $3,000,000. Now, I want to tell you, this doesn't seem like any bargain to me. No way. I mean, you're showing me, according to your chart for $5,000,000 I'm getting 24,000 square feet additional, 300 feet of storage, no meeting rooms and no more office space. Mr. Grabiel: The exhibition space cost is $1,800,000. Mr. Plummer: Sir, I'm not arguing with you. I'm telling you that I don't think I can sit here and sit still to tell me for my $5,000,000 I get 24,000 additional square feet. That was never, ever the intention of this Commission. Now, John, we were talking about going up as I recall with that five million to near 200,000 square feet. Mr. Gilchrist (Off mike): 50,000 square foot... Mr. Plummer: Well, I'm telling you... Mr. Gilchrist (Off mike): Half the upgrade in space and they could even get the life safety... Ms. Hirai: Mr. Gilchrist, would you kindly put it on the mike, sir. Mr. Gilchrist: I think that you have to realize that, first of all, it's almost a $1,000,000 to bring that into a safe facility by putting sprinkler system and alarm system and all of that in it. Mr. Plummer: Five million dollars and that's all I'm getting. Mr. Gilchrist: Second, the condition of the building requires another $1,000,000 investment in it. I'm sorry and I don't even have all of that; as much as two million, I'm sorry. Another $2,000,000. The roof is leaking, you know, none of it works. What we're... Mr. Plummer: Hey, what you're telling me... Mrs. Kennedy: ------- up to par. Mr. Gilchrist: What we're proposing to you here is to make... Mr. Plummer: You're telling me that 80 percent of the money is going to go to make it upgraded... Mrs. Kennedy: Yes. Mr. Gilchrist: That's correct, and we believe that that has to be done to make it a workable... Mrs. Kennedy: You start with a deficit then, really. Mr. Plummer: Huh? Mrs. Kennedy: You start with a deficit. Mr. Wright: You... Mr. Gilchrist: I think the message is that when, you know, we had major meeting planner consultant here meet with us and his message... Mr. Plummer: No... Mr. Gilchrist: Listen to me, please, was clearly that what you end up with is 129 or 137,000 high quality space that's usable. 179 September 8, 1987 Mrs. Kennedy: See, I agree with what you're saying. Mr. Plummer: Let's ask the surprise questions, OK? Nobody wants to say it. How much for the final phase? Mrs. Kennedy: Yes. Mr. Plummer: OK? That's where you're really coming from. Now let's go ahead, what is it? How much is that number? Fifteen million dollars, is that correct? Mrs. Kennedy: Fifteen million. Mr. Gilchrist: What we did. Mr. Plummer: Well, whoa, whoa, answer my question. Mr. Gilchrist: I would like to answer your question, sir. Mr. Plummer: Please. Mr. Gilchrist: What we did was to look into... Mr. Plummer: Excuse me, answer my question. What is the number? Mrs. Kennedy: Fifteen million. Mr. Gilchrist: Please, we're not proposing the fifteen million. Mr. Plummer: What is the number? Mr. Gilchrist: If you do the additional... Mr. Plummer: What is the number! Mr. Gilchrist: Ten million. Mr. Plummer: Thank you, sir. You're wrong, but I'll accept that. Mr. Odio (Off mike): Well, ten and five is fifteen. Mr. Gilchrist (Off mike): What we did... Mr. Plummer: Yes, ten and five is fifteen, is that what you're saying? Mr. Gilchrist: No, sir. What we were doing was looking at alternative ways of doing it and if you added them off, it came to fifteen, but we never proposed the total fifteen. Mr. Plummer: You're telling me, for the final phase, it would cost a total of $10,000,000. Is that what you're telling me? Mr. Grabiel: Yes, sir. Mr. Plummer: Thank you. I don't accept it, but I'm telling you that as far as I'm concerned, this is not a good deal for the taxpayers of this community. It is not going to put us in a viable position to bring in the big, big conventions we wanted to bring in and to increase by 24,000 square feet for that kind of money, I think we'd be better off to tear it down and start anew. Mr. Wright: Well, the existing one is in such disrepair that we're going to have to put $2,000,000 in it just to start at ground zero. Mrs. Kennedy: Yes, if we didn't have that, we would have had money to put in the meeting rooms. That's the problem. Mr. Gilchrist: One other thing, Commissioner, was that I wanted to recommend that we do meeting rooms and do nothing but upgrade the existing space and not expand it because people who are in the business tell us that you don't need more than 100,000 square foot to get somewhere close to sixty... Mr. Odio (Off mike): Oh no, you, no. 180 September 8, 1987 0 # Mr. Plummer: They told me a 150, now wait a minute. Mrs. Kennedy: How much do we need? Mr. Odio: For the ASTA convention alone, we need 140,000 square feet. No, let me, let me... Mr. Plummer: You need 150. How many times do we put up the tent in that place and what did we pay for the tent to get a tent over that other area? Huh? Mr. Dawkins: Do something. Either pass it, defer it, or do something. Mr. Plummer: Hey, I make a motion, you know, we accept... Mr. Dawkins: I second. I second it. Mr. Plummer: ... that we defer this item until the next agenda. Mr. Dawkins: Second it. Mr. Plummer: I'm sorry, I cannot go along with that kind of an increase for that kind of money. Now I just can't do that, John. Mrs. Kennedy: See, if we hadn't had the $2,000,000 to renovate it, we would have had the money for the meeting rooms. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Well, you tell me that before the next meeting. Mr. Odio: But, the next meeting is October 8th.. Mr. Plummer: No, the next meeting is September the 22nd. Mr. Dawkins: And what are you going to get for the $10,000,000? Mr. Odio (Off mike): I was ordered not to put any of this on. Mr. Plummer: Well, we're telling you to put it on. Mr. Wright: For the $10,000,000, it's up to 150,000 square feet of exhibition space... Mr. Plummer: See, that was the whole thing from day one. Mr. Wright: ... 7,600 of storage, 40,000 meeting and 2,000 office. Mr. Dawkins: That's another 2,000. Mr. Wright: Yes, in addition. No... Mr. Dawkins: So we'll end up with 6,000 square feet of office space. Mr. Wright: Exactly. i Mr. Dawkins: And we'll end up with 9, 8, 11, 10, 5 storage. j Mr. Wright: That's correct. These are the total numbers out here at this end. Mr. Dawkins: What? Mr. Wright: These are the total number in the final phase. Mr. Dawkins: So for $5,000, I'm going to get two and then you're going to come back and give me 2,000 office space for ten thousand - ten million. Mr. Wright: I don't know. 181 September 8, 1987 Mr. Dawkins: Well, that's what you got. You got, you say, an existing - in phase I, I'm getting 200 square feet of office space, right? Mr. Plummer: Two thousand. Mr. Dawkins: Two thousand. Mr. Wright: Two thousand, yes. Mr. Dawkins: For $5,000,000. Right? For $5,000,000, right? Mr. Wright: No, no, it's not the case, no. Mr. Plummer: No, no, excuse me. You've got 2,000 square feet now. You're going to have 2,000 in phase I and you're going to have 2,000 in the final phase, for a total of 2,000. Mr. Dawkins: And then that's costing me $10,000,000. Mrs. Kennedy: That doesn't change. Mr. Wright: Well, you're also increasing from 105 up to 150,000 square feet of exhibition space and you're putting $2,000,000 into the existing. Mr. Plummer: Hey, somebody - who's got a calculator? Tell me what the square footage is for 45,000 square feet of $10,000,000. Should be easy to figure. Mr. Dawkins: That's all right, Mano has his, his... Mr. Plummer: Where's Mano? Put your turban on. Mr. Mano Surana: Two thousand, two hundred, twenty-two. Mr. Plummer: How much? Mr. Surana (Off mike): Two thousand, two hundred... Mr. Dawkins: $2,000 a square... Mr. Plummer: $2,222 a square foot. Mr. Dawkins: A square foot. Jesus Christ! Mr. Plummer: Does that tell you what I'm trying to tell you? Mrs. Kennedy: No, come on, it can't be. It can't be two thousand. Mayor Suarez: No, no, no, no, no, no, no...... That was not our budget director making that estimate, no sir. Mrs. Kennedy: Come on, Mano, it has to be two hundred. Not two thousand. Mayor Suarez: We're in big trouble here. Mrs. Kennedy: I don't need a calculator for that. Mr. Gilchrist (Off mike): 40,000 square foot of meeting rooms in addition after we... Mr. Plummer: $225 a square foot. That's still too high. That's way too high. Mr. Dawkins: We paid less than that to build a... Mr. Plummer: What? Mr. Wright: Well, we're not only talking about the exhibition space, we're talking about the site improvements also. The additional parking, the additional landscaping. Mr. Dawkins (Off mike): We have a budget hearing and - make your motion. 182 September 8, 1987 Mr. Plummer: The motion is to defer until the 22nd at 3:30 p.m. Mr. Dawkins: Second. Mr. Plummer: And you'd better find some ways to cut it down. Mayor Suarez: And... Mr. Plummer: The Manager wants me to ask if we get an additional $2,000,000, can you do the final phase? Mr. Grabiel: The final phase. Mr. Plummer: To look into it and see what else you can give us for an additional two million if we can come up with it. Mr. Grabiel: Yes, we could do that. That would include additional exhibition space and meeting rooms. Mr. Dawkins: Wait, hold it now. Wait now, wait. Mr. Plummer: I'm not saying I'm agreeing with it, that... Mr. Dawkins: Wait, wait, wait, so I can understand what we're saying. Are you saying that we do the whole thing for 7 million instead of 15 million? Mr. Odio: No, Commissioner, what I'm... Mr. Dawkins: OK, I need to understand. Mrs. Kennedy: Yes. Mr. Plummer: The Manager wanted to ask. Mr. Odio: I wanted to see what they could - to take out the renovation of the old building which is $2,000,000 and to add it to a new - to square footage and see how much you could give us for that. Mr. Grabiel: Yes, sir. How much... Mr. Dawkins: All right, how much have we paid them for what they've done? Mr. Odio: Oh, them? Mr. Dawkins: Yes. Mr. Gilchrist (Off mike): Nothing yet. Mr. Odio: Nothing. Mr. Dawkins: Nothing? Mr. Plummer: How much is their fee? Mr. Odio: The fee is coming out to... Mr. Grabiel: The overall fee is - for both firms is right here, $370,000. For the full set of working drawings. Mr. Dawkins: And now, now $370,000, now what you're asking them to do is that added on to the $370,000? Mr. Odio: No. Mr. Dawkins: That's you; I'm asking them. 1 l Mr. Odio: No, I think that they should do this for the same fee. i Mr. Dawkins: You think, I mean, maybe they don't feel that way. Mr. Odio: No, I know because if not, they're not going to have a project, 183 September 8, 1987 Mr. Grabiel: Right. Mr. Dawkins: Beg pardon? Mr. Grabiel: We'll work with the City. Whatever the City wants. Mr. Dawkins: Yes, but - oh, hold it now. Your fee is contingent upon a percentage of the total cost, am I right? Mr. Grabiel: Yes, sir, we have a contract that is based on percentage. Mr. Dawkins: All right, now, if you come back doing what the Manager says, and it costs more money to do it, your fee is more. Mr. Odio: No let me - Commissioner, it cannot cost more because what I'm saying to them is, the $2,000,000 they're going to spend in the old building not to do that, but to spend the $5,000,000 in a new, in a newer. Mr. Dawkins: What, push this down? Mr. Odio: And leave the old building alone. Mayor Suarez: Raze it. Mr. Dawkins: No, no, no, no. Demolish this? Mr. Odio: No, no, we're going to leave the old building alone. The air conditioners and the roof that has to be fixed, we can do that with capital improvements projects budget that we have. Mr. Dawkins: No, no, no, no, no present structure... Mr. Odio: No. No, sir. Are you saying, add $7,000,000 to the Mr. Dawkins: ... or are you saying, push the present structure down and start from the ground up? Mr. Odio: I'm saying to add the same $5,000,000 but not to spend $2,000,000 into fixing up anything in the old building. He's going to spend almost a $1,000,000 in air conditioning and roofing. What we need is the square footage added to the building and meeting rooms. Mr. Grabiel: We have, sir, $2,000,000 budgeted just expenditure on the existing facilities. Mrs. Kennedy: But how can you overlook that? Mr. Dawkins: To do what? Mr. Grabiel: OK, to bring it up to code, bring it up to building standards and to do certain repairs that the building requires. Mr. Dawkins: OK. Mr. Grabiel: Those are, there's air conditionings are broken down, there's leakage in the building, the building needs to be painted, there's some metal structures that need to be repaired. I understand what the Manager is saying... Mr. Dawkins: OK, now... Mr. Grabiel: ... instead of spending those $2,000,000 on existing building, take the $5,000,000 budget and do all new construction for $5,000,000 which will then give you a lot more brand new exhibition space and meeting rooms. Mr. Dawkins: You still have to bring the building up to code. Mrs. Kennedy: Right. 1 Mr. Grabiel: Yes, sir. 184 September 8, 1987 ilk Mr. Dawkins: So you still got to spend the $2,000,000 on what you're talk... wait a minute. Mr. Grabiel: Yes. Mrs. Kennedy: The Manager will do it through another source in other words. Mr. Dawkins: Say what now? Mrs. Kennedy: He'll find the money to bring - in other words, we're going to do it. Right? Mr. Dawkins: All right now. Mrs. Kennedy: Is that what you're saying? Mr. Dawkins: Now when these people start coming down here yelling and screaming... Mr. Odio: From the capital - no, Commissioner... Mr. Dawkins: ... for things, you see how you all find the money, don't you? Mr. Odio: You're right, Commissioner Kennedy. Mr. Dawkins: You all find the money. Everytime I look up, you all find the money for whatever you want... Mr. Odio: No, I... Mr. Dawkins: ... and when the citizens come down here and I vote to give the citizens what they want, you got to find the money. Mr. Odio: Commissioner Dawkins, we're talking about the capital improvement budget, not the general fund or... Mr. Dawkins: All right, is any way I can put all the park equipment I need under capital improvement? Mr. Odio: No. Mr. Dawkins: Well, all right, then, so you see. But you're going him with capital improvement, OK? Mr. Plummer: Well, the building of pools you can. Mr. Odio: It's up to you, Commissioner, to decide what your priorities are. If you want to... Mr. Dawkins: All right, then, then I move that don't put no money in this for capital improvement, put it in the parks. Mr. Odio: Fine, well fine. It's your decision. Mr. Dawkins: All right, no problem. OK, now we're together now. Mr. Plummer: See, I'm wondering what happened with the instructions of this Commission who said to the administration, we want 150,000 square feet, we want meeting rooms and we got $5,000,000. Now, it would have seemed logical to me before you would have proceeded much further, you would have come back to the Manager and say, there's no way we can do it. OK? But you didn't proceed that way. You proceeded with phase A, phase B and the final phase and J now let me tell you what you're going to do is put this Commission in the jjjj jackpot. Because if we don't put a first class facility there, then the people of this community are going to say, you promised us a 150,000 square feet and meeting rooms and now, by God, you'd better spend the $10,000,000 to do it. Now we said to the administration, 150,000 square feet and meeting rooms and you'd better not exceed $5,000,000. Now why didn't you come back and say it couldn't be done? Mr. Grabiel: I did. 185 September 8, 1987 0 • Mr. Plummer: You did? Mr. Dawkins: To whom? Mr. Grabiel: I did, that's... Mr. Plummer: Then who told you to proceed from that point? Mr. Grabiel: No, sir, we are... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dawkins: Huh? Who did? Mr. Wright: No, we have come here to show you what you can get for $5,000,000. Mr. Plummer: You ain't' showing me much. Hey, it's deferred until the next meeting. Mr. Dawkins: And tell them what you want them to come back with. No sense in just deferring it. Mr. Plummer: I want them to come back with exactly what this Commission instructed them. A hundred and fifty thousand square feet, meeting rooms, and $5,000,000. That's what we told you. Mr. Wright: Can't do it. Mr. Grabiel: Sir, it is very... Mr. Plummer: Then don't come back and tell me we delayed the project or we didn't fund the project. We gave explicit instructions and if they were not followed, they should have come back before this Commission and so informed us and we could have stopped the project right then. No, you're through with final drawings. Mr. Grabiel: Oh, no, we're not. Mr. Wright: No... Mr. Grabiel: This is master plan. Mr. Plummer: You know, it's amazing, you don't have final drawings but you've got a final figure of $10,000,000 and we don't have the money. Mr. Grabiel: This is basically an estimate, Mr. Plummer. It's exactly why we came over here to tell you where we stand with the budget. Mayor Suarez: Well, you didn't follow the constraints set by the Commission and I think the best bet is before the next Commission meeting to stick to the constraints and see what can be done. If nothing can be done for that you ought to tell us that. Mr. Plummer: That was it. That's what we promised the people and we expect you to let us live up that situation. Mayor Suarez: At 3:30 on the 22nd, and I need a motion on that because we're also - I guess we can include in that motion, can we not, Madam... Ms. Hirai: We have a motion, Mr. Mayor. Mayor Suarez: I'm sorry? Ms. Hirai: We do have a motion on the floor. Mayor Suarez: We do? But do we have to have a separate motion just to schedule the rest of the meeting to begin at 4:30 or we can begin the whole thing at 3:30 with the specification that this item is set for 3:307 Mr. Plummer: That's fine, I so move. 186 i September 8, 1987 i Mayor Suarez: So moved. Mr. Dawkins: Second. Mayor Suarez: Seconded, thirded. Any further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-838 A MOTION DEFERRING A PRESENTATION BY SPILLIS, CANDELA AND PARTNERS, ARCHITECTS, REGARDING RENOVATION AND EXPANSION OF THE COCONUT GROVE EXHIBITION CENTER TO THE MEETING OF SEPTEMBER 22ND AT 3:30 P.M.; FURTHER STATING THAT SAID PLANS SHALL NOT EXCEED A TOTAL COST OF $5,000,000, INCLUDING 150,000 SQUARE FEET OF ADDITIONAL EXHIBITION SPACE AND MEETING ROOMS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 77. RESCHEDULE SEPTEMBER 22 MEETING TO COMMENCE AT 3:30 P.M. ------------------------------------------------------------------------------ Mayor Suarez: We don't need to schedule the rest of the meeting for 4:30 then? To begin at 4:30 p.m. on that day? Mr. Carollo: ----- vote on this? Mr. Plummer: To defer it. Mr. Carollo: You voted yes, right? Mr. Plummer: To defer, yes. Mr. Carollo: OK. Mayor Suarez: Well, what I'm saying is, if we begin at 3:30, does that enough notice to the general public, do we have to pass another resolution on the rest of the items for 4:30? Mrs. Dougherty: Yes, sir. Mr. Plummer: So moved. Mayor Suarez: So moved. Seconded. Yes, what, but don't worry about it, just vote. Moved. Seconded. Any discussion? Call the roll. 187 September 8, 1987 f 0. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-839 A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF SEPTEMBER TO COMMENCE AT 3:30 P.M. ON SEPTEMBER 22, 1987 WITH CONSIDERATION OF ITEMS ARISING UNDER THE COMPREHENSIVE ZONING ORDINANCE COMMENCING AT 4:30 P.M. ON SAID 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 Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo NOTE FOR THE RECORD: Mr. Carollo was absent although name was included on the roll call ------------------------------------------------------------------------------ 78. COMMENTS CONCERNING NEED TO OFFICIALLY DECLARE CITY PROPERTY SURPLUS -------------------------------------- ---------- ------------------------------ Mr. Plummer: Mr. Mayor. Mayor Suarez: Yes. Mr. Plummer: I have one brief thing to bring up prior to going into budget which I think is the last. We have made a promise to the municipalities about trying to get a piece of property. For some reason, the process of trying to declare property surplus has been dragging. Mr. Dawkins: Come out here, please. Mr. Plummer: Mr. Mayor, I... Mr. Manager, I would ask that you come back to us within 60 days and give us those areas that are within - in fact, are surplus and this Commission could make availability for those monies which they got from the state. So I would ask, sir, that no later than the first meeting in November. Mrs. Dougherty: What are you talking about? Surplus property give the munici... whatever it is, they still have to go through competitive bidding. Mr. Plummer: But we don't even know which property they are going to bid on. Mrs. Dougherty: All right. Mr. Plummer: Thank you, Mr. Mayor. Mayor Suarez: Item ninety... thank you. 188 September 8, 1987 f 0,. 79. A - DISCUSSION CONCERNING 1987-88 CITY BUDGET B - FIRST READING ORDINANCE: MILLAGE FOR CITY Mayor Suarez: Item 96. Mr. Plummer: Let me ask a question. Besides Mariano... is there anyone else here wants to speak on budget? Oh, you all do. Mayor Suarez: Mariano.... Otherwise known as Mariano. Mano Surana: Discussion of proposed millage rate and the tentative budget for the City of Miami. A, percentage increase in millage overroll back rate, response zero percent. B, City Commission and responds to citizens's comments regarding the proposed millage rate. C, Action by City Commission. We're at the B right now. Mr. Plummer: Where are we? Mrs. Dougherty: Ninety-six. Mr. Surana: B, item response to citizens comments. Mr. Plummer: Anybody want to talk on the millage rate? Obviously there's none, proceed to C. Mr. Surana: Amend the tentative budget if necessary to recompute the proposed millage rate. Three, adopt tentative millage rate which is item ninety- seventh. Mrs. Dougherty: You're on ninety-seven now. Mr. Plummer: I move item 97. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Mr. Carollo: Hold on, hold on. Mayor Suarez: Commissioner Carollo. Mr. Carollo: What's ninety-seven? Mayor Suarez: Setting the... Mr. Plummer: This is the third portion of 96. Mr. Carollo: This the first reading on the millage for the City of Miami. What is the millage that we're coming to? Mr. Surana: All right, the millage is for operating purpose is 9.5995 Debt service... Mr. Carollo: Yes. Nine point five nine nine five. Mr. Surana: Yes, sir. Mr. Carollo: OK. Mr. Surana: And for debt service, two point two two two four. Mr. Carollo: OK, and how much have we gone down on the total millage that is being proposed? Mr. Surana: Operating millage went down by point two four oh five. 189 September 8, 1987 # 0. Mr. Carollo: Point two four oh five. Mr. Surana: Yes. Two point four percent lower than last year. Mr. Carollo: Point two four oh five. Mr. Surana: Yes, sir. Mr. Carollo: OK, which is one -fifth of one percent. Mr. Surana: Two point four percent down. Mr. Carollo: OK. Mr. Surana: And the debt service went down by point two two eight eight, which is 9.3 percent down. Mr. Carollo: It's a total of three point eight percent. Mr. Surana: Yes, sir. Mr. Carollo: The difference is point two four oh five in the general operating and the debt service is zero point two two eight eight. Mr. Surana: Right, a total of point four six nine three. Mr. Carollo: Second reading is going to be held when? Mr. Surana: Twenty-second. Mr. Carollo: Twenty-second. And by law, we could only bring the millage down not up. Mr. Surana: Yes, sir. Mr. Carollo: OK. Mr. Plummer: I've moved item 97. Mayor Suarez: Moved and seconded. Any further discussion? Mr. Carollo: Yes, there's some further discussion. Mayor Suarez: Commissioner. Mr. Carollo: I'd like to compliment the Manager in at least getting the City in the right track in bringing the millage down. That doesn't mean that we should all pat ourselves on the back and say, job well done because I'll tell you, there's a helluva lot of fat in this budget still. There's a heck of a lot of positions that people in this City not doing anything. Just holding a job because of whom they know not of what they know that need to be cut back and for us to just have brought this budget down by such a small amount, it's really not sufficient the way I see it. At the same time, I think with the budget itself, we need to shift that budget around and get rid of quite a few people if we need to from areas that they aren't producing anything and shift the monies where they're needed at. Mr. Dawkins: Under discussion. I commend the Manager also for attempting to reduce the cost of the services to the citizens of the City of Miami. But I've said constantly and I will say again now, I do not believe that we can reduce money and provide the level of services that are needed. Now, the Manager says he can. I have no problems with stating that I don't believe it and if he does it, I will congratulate him. But in the event that we can't provide the level of services that is needed, then I'll be able to say, I was right. Mayor Suarez: Any further discussion from the Commission? Do we take comments from the general public at this point or there none? Mr. Carollo: Well, I don't know, I think there are some. 190 September 8, 1987 i 0 Mr. Plummer: No, I don't think there is any on the millage; not on the millage. Mayor Suarez: On the budget. Mr. Dawkins: On the budget. Not on the millage but the budget. Mayor Suarez: OK, read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 19871 AND ENDING SEPTEMBER 30, 1988; CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS DURING ROLL CALL: Mr. Carollo: For reasons so stated, I vote no. ------------------------------------------------------------------------------ 80. A - LONG PUBLIC HEARING B - 40-50 SWORN POLICE OFFICERS ARE TO BE INCREASED PER YEAR FOR NEXT FIVE YEARS C - FIRST READING ORDINANCE: APPROPRIATIONS FOR CITY FY '87-88 ------------------------------------------------------------------------------ Mayor Suarez: We'll go back to... Mr. Surana: Next item, adoption of budget, 98. Mr. Dawkins: Is it - Mr. Manager, will you have the Fire Chief come to the podium. Mr. Manager, through you to the Fire Chief, is the administration planning to remove an aerial from 36th Street and 7th Avenue? Chief Colonel Duke: Yes, sir. Mr. Dawkins: Mr. Manager, by moving this piece of machinery from 36th Street, that means you don't have any aerial to serve 7th Avenue to 17th Avenue, 79th Street back to - where is the next one located, sir? Chief Duke: We have an aerial at Station 9, which is on 60th. We have one over by the hospital, Jackson Memorial. The area that we're planning on removing the aerial from is well surrounded by aerial apparatus. What we're planning on doing at that particular Fire Station is to turn it into a hazardous materials home base, if it were and actually... Mr. Dawkins: Oh, like hell you will. No, it's - no, no, no, no, no. You all find one on Brickell Avenue to turn into hazardous waste. Chief Duke: Wait, let me... 191 September 8, 1987 1 0. Mr. Dawkins: You will not... Chief Duke: Can I explain that, sir? Mr. Dawkins: No, sir. No, no, no. I don't need an explanation. See, I live ten blocks from there. I don't need nothing hazardous close to me. Chief Duke: This is why you need us there. Mr. Dawkins: No, sir, I don't need it there. That's right, no. No, Chief, well go ahead. Chief Duke: This is a unit to provide for protection from hazardous materials incidents which we had two major ones there last year in that area. And this is an area that's pretty heavy industrial in that area. Mr. Dawkins: What are you going to do in the.... when you - all right, when you pull the aerial out of my neighborhood, what are you going to do with it? Chief Duke: It'll go into service in some other area of the City if we need it. At the present time, we don't really need that aerial and we're trying to beef up a needed... Mr. Dawkins: All right, so you're going to sell it? You're going to sell it? Chief Duke: Pardon me? Mr. Dawkins: Are you going to sell it? Chief Duke: No, sir. Mr. Dawkins: All right then, well... Chief Duke: We don't have... Mr. Dawkins: If you're not going to sell it, then let it operate - I mean, are you going to store it? Chief Duke: It will go into our reserve fleet. Mr. Dawkins: Well, let it be reserved at 36th Street and 7th Avenue. Mr. Carollo (Off mike): It don't make sense to me. Chief Duke: With the... Mr. Dawkins: No, it doesn't. Chief Duke: With... Mr. Carollo (Off mike): And we're pulling the aerial out when it's not really going to save any additional positions. Ms. Hirai: Joe. Chief Duke: We're not looking at saving the positions on this particular situation. What we're trying to do is to beef up the hazardous materials response equipment in that general area. We'll actually be increasing the manpower in that station as far as the, you know, the station itself is concerned. Mr. Dawkins: Well, I, for one, on this Commission am not voting to remove it and if it means that you want to keep me safe from hazardous materials, then you build something to do it. OK? That's fully constructed for that purpose. Don't take any fire station that was built to house firemen and house firefighting equipment and turn it into whatever we want to do. Chief Duke: Well, the plan there, sir, is to take and have the equipment that's there trained for hazardous materials incidents in that particular area and to take the foam truck that was at Station 3 to move it into that area. 192 September 8, 1987 I 0 Mr. Dawkins: This is no reflection on you, it's no reflection on you, but I just finished saying that you're reducing the millage, you're telling me you're going to provide the same level of service and you're removing equipment and you tell me that I'm just as safe. You got something to say, Mr. Teems? Mr. Odio: Well, I think, Commissioner Dawkins, that we pay the Chief to be the Fire Chief. He has been discussing for six months now the dangerous situation we have with the hazardous materials in that area. He assures me that that apparatus is not needed in that area and I think we're really restricting his hands of doing his job. Mr. Dawkins: That's the same thing was said to me this morning when some people said that I called you a dirty name and some people said that I did not like Mr. Self and I keep telling you over and over, Self means nothing to me. It's just that I'm against the principle of having one individual in the City of Miami who know how to do something. By the same token, yes, you pay the Chief to be the Fire Chief. The people elect me to be sure that he be the Fire Chief through you. Now, the Chief is entitled to his opinion, right, wrong or indifferent and I'm entitled to mine, OK? Mr. Odio: Yes, sir. Mayor Suarez: Don. Don Teems: Mr. Mayor, Don Teems, President of the Miami Association of Fire Fighters. If I can give you a little history on this, we totally oppose the moving - the removing of aerial 6 from 36th Street and 7th Avenue. I don't know whether it has an adverse impact on the budget one way or another. It's my understanding it doesn't impact on the budget itself. The reason for it came out of a feeling from the fire administration, and I think probably rightfully so that they needed to beef up the, what we call HASMAT, hazardous materials team that was located at llth Street and 11th Avenue. Out of that came - the Fire Chief set a committee. This committee was made up of people in fire fighting. People who are officers on these HASMAT teams and asked for their recommendations on how to do this. Of course, the natural thing is to say if you need more people to do an expanded job then you need to ask the City for more people to be able to do that. The Fire Chief said, well we really can't do that at this point, we've got to do it with the people we've got. The committee came up with an alternative and that alternative was to put the HASMAT team at Station 6. To use the people on the aerial truck and train them as extra people to expand that HASMAT team. In other words, have them do dual duty. That was the recommendation from the committee. What has come out is a directive from the Fire Chief is that we're going to put the HASMAT team at Station 6. We're going to use the people off of the - the manning off, not the literal people, but the manning off of aerial 6 to expand the HASMAT team but we're going to do away with aerial 6. Now, I'm sitting here from the union's perspective and saying, look, diversify. Let us be proficient with the aerial truck and let us also be proficient with the HASMAT. In other words, let's expand the HASMAT team with the people on the aerial truck, but don't put the aerial truck out. That's silly. They ran almost 800 runs last year in that area. And the fact is... Mr. Carollo: Eight hundred? Mr. Teems: Huh? Mr. Carollo: Eight hundred runs? Mr. Teems: Seven hundred and ninety seven. That aerial truck was the fourth busiest aerial truck in the City. You know, it doesn't make any sense to put it out. I asked the Chief's office, not particularly Chief Duke, I didn't get to talk to Chief Duke, but I asked the Chiefs office why are you putting the aerial truck out? I really don't have an answer that I can even understand at this point. I don't know why we're willing to man the aerial truck, we're willing to be trained to expand the HASMAT and not put anything out of service. So I really don't understand the, you know, the reasoning for putting the aerial truck out of service and it doesn't have any impact on the - it's not a budget saving. We're not going to reduce people, so, you know, I really don't understand the reasoning for it. Mr. Plummer: Well, let's ask the Manager. 193 September 8, 1987 0 Mayor Suarez: Mr. Manager. Chief Duke: This is a needs assessment that when my staff and myself have gone through the process of looking at what we really need on the Fire Department, to protect the citizens of Miami, one of the things we came up with was the immense number of hazardous materials locations that we have in this particular area. It's located very close to the major arteries that feed the Port of Miami. Mayor Suarez: Oh, he didn't speak against that. He said that he understood that need and he, I believe you were saying, as head of the union that you favored trying to meet that need by making that a center but why eliminate the aerial? Chief Duke: Because the... Mayor Suarez: Is it space problem? Is that the problem you've got there? What do you have? Chief Duke: That's one of the problems is a space problem but the other issue is that we just don't really need... Mayor Suarez: He's will to man it with existing, you know... Chief Duke: ... we don't really need the number of aerials that we have in the north end of town. The removal of this aerial will only generate some more runs or some more dispatches for the surrounding aerials and not eliminate or reduce the amount of service in that area. We still carry ground ladders on the pumpers in that area that, you know, that arrive first and mostly. The buildings in that area are not of such a nature that they require the hi-riee capabilities at that particular point. Mayor Suarez: You said you'd move an additional pumper there, was that... Chief Duke: Yes, sir. So we're upgrading the response in that area and really not hurting the position of the City of Miami as far as providing level of service in that particular area. Mr. Teems: First off, no engine company carries the complement of aerials that - of ladders that an aerial company does. You know, they carry 24 foot extensions, 12 foot roof ladders and that's about it. Aerial companies carry whole a whole complement up to 50 foot extension ladders, so, you know, to compare an engine company to an aerial company, I don't understand that. First and another thing is is it's no cost savings to the City to put that truck out of service. None whatsoever. Now, there's no way - that'll leave you one aerial truck north of 20th Street - one aerial truck north of 20th Street. This aerial truck also runs second alarm into Jackson, in Veteran's, into all of these areas. They run second alarm into there, so if you have a problem, they're there. But it just doesn't make any sense to me to put an aerial truck out of service to try to promote something that we are saying we support and promote and we can cross train the people to do both. Mr. Carollo: I, for one am. Mr. Teems: One other point too that, you know, in fire service, OK, time is of the essence, OK, and they'll show you statistics that will show you that three to five minutes is one thing, five to seven minutes is something else and ten minutes you're protecting exposures because the building's gone. They'll show you that, it'll come right out of the Fire Chiefs Association handbooks. All right, the - when you take that truck out of there, you've got to have an expanded length of time if you call for an aerial truck to come from Station 9 or come from Station 5 or come from Station 2 than you would if you had one at Station 6. That just stands to reason. It's got to take you more time to get there and that time is the time, you know, we're talking life safety. And if you tell me you're not reducing service by pulling an aerial truck out of 36th Street, you know, if the City was saying to me, we've got to reduce cost, we've got to reduce cost in the fire service, therefore, you're going to pull that aerial truck out, you're going to reduce your manning by twelve people, you're going to, OK, I can understand that. I can understand, you're saying, look, we don't have the money and we've got to reduce service to beat the budget. I can understand that. But that's not what we're saying 194 September 8, 1987 1 0. here. It's no cost saving. The City's not saving a dime. We're just taking an aerial truck out. We, as the fire fighters are saying, we're willing to accept the Fire Chief's expanded HASMAT, we need it. We really do. We're willing to do that but we're also willing to ride that aerial truck. If the bell rings and you need the aerial truck, you've got it. If the bell rings, you need the HASMAT, you got it; same people. There's no reason to put it out. Mr. Carollo: I, for one, am not willing to see that aerial go from that station. I don't know how the rest of the Commission feels. Mayor Suarez: Well, in view of what Don Teems has said about what they're willing to do in terms of manning both the aerial and the hazardous equipment, I don't see what we lose. Except a little bit of space maybe and... Chief Duke: I don't have enough room. I don't believe there's enough room in that station for us to maintain the aerial and the other manpower that I need to put together a hazardous material team that will do the job for the City of Miami. We have station 2... Mayor Suarez: Put a little extra roof on there from the capital improvements budget and... Mr. Teems: You could ride them right out the back door, Mr. Mayor. Chief Duke: We have an aerial at Station 2 which is, you know, just south of Station 6 there by the park. We have the aerial at the hospital there, right there on 12th and 20th and then we have the one north. So there's not really a reduction of aerials in that area as far as a major problem with time is concerned. Don Teems is correct in his statement regarding the amount of time that you need to have aerials and the equipment and so forth at a scene. We're not talking about reducing the amount of run time on any of these apparatus because the first end responders will be there. Mr. Dawkins: Well, I'm like Joe. I mean, in fact I said it from the beginning. But I need for you or the Manager to explain one thing to me. What made you decide to take it out of my area instead of another one? That's what I want to know. You know, you've got - how many you got, four or five aerials? Mr. Teems: We got nine. Mr. Dawkins: Nine. Now, and all of a sudden out of nine positions, you decide, well, I'm going to move this one; why? Why couldn't you move one of them the other nine? Chief Duke: This has been a discussion, Commissioner, that has gone on for probably the last five or six years that I'm aware of reducing the number of aerials that we have in the City. For the Community of our size, the response time that we have, we have probably two apparatus that we could consider, you know, in some kind of a modification of service. One of those is the aerial that we just spoke to and then the other aerial is one that's in the west end of town which is a little more concern as far as the response from the county. Mr. Dawkins: Who live in that area? Chief Duke: Pardon me, sir. Mr. Dawkins: Who live in that - predominantly what color the folks who live in that area? Chief Duke: They're citizens of Miami, sir. Mr. Dawkins: What color? What area is it, I'll tell you what color there. Name me the streets. Chief Duke: It's the area we're looking at as far as an aerial that doesn't respond as much as the other one, is the one on 42nd, Le Jeune Road. Mr. Dawkins: Forty-second and what? 195 September 8, 1987 I 0, Chief Duke: Twenty... Mr. Plummer: Seventh Street. Mr. Dawkins: Huh? Mr. Plummer: Seventh Street. Chief Duke: Seventh, Seventh and Le Jeune. Mr. Dawkins: Brickell Avenue. Mr. Carollo: Seventh and Le Jeune? Mr. Dawkins: Brickell Avenue. Mr. Carollo (Off mike): N. W. 7th Street and Le Jeune Road? Chief Duke: Right, sir. Mayor Suarez: He's talking about Flagami. Mr. Carollo: That's the one you're going to take out? Mr. Dawkins: Ocean Bank? Wheeeeeee! Chief Duke: No, sir, that was the other one that we considered as an apparatus that we can look at modification of service with. Mr. Dawkins: And they knew not to take one out of that Latin neighborhood. But you all pick on me. - Mr. Carollo: Well... Chief Duke: No, sir, we're not picking on you, there just isn't the same amount of aerials in that area. Mr. Dawkins: That's right. That's what you all doing. Mr. Teems: The problem I have with that analogy is that that aerial truck has been at that station since I've been on this job, twenty-three, four years. All of a sudden now we don't need it? That doesn't make sense to me. We needed it for twenty-three or four years and now we don't need it. For no reason. Mrs. Kennedy: Especially when there's no savings. Mr. Teems: That's the point, for no reason. The point I guess I'm making, I'm not sure I don't think it has any impact on the budget one way or another. I'm looking at the Manager. I don't think it does because it's not a reduction in manning or anything else, but it does, you know, I have heard you say that you didn't want it reserviced and I'm telling you, in our opinion, that if you take that aerial truck, it's not going to hurt a fire fighter, but it is going to hurt our ability to be able to deliver service we believe. Mr. Carollo: I can't tell the Fire Chief, according to the charter, what he has to do nor the City Manager. However, I could very, very strongly recommend to the Manager what I think should be done and if need be, poll my colleagues in the Commission to see how the majority of them feel. My recommendation is that you leave that station as is presently. Mayor Suarez: Well, the aerial, because, I mean, there's no... Mr. Carollo: The aerial, that's what I'm talking about. Mayor Suarez: ... there's no problem in moving some of the equipment as long as you can accommodate it in that station to handle hazardous waste. Chief Duke: I still won't be able to man an adequate and hazardous materials response team by keeping the aerial in service. Mr. Plummer: Even if they do double duty? 196 September 8, 1987 a Mr. Teems: I don't understand that. Chief Duke: Pardon me, sir? Mayor Suarez: The union is saying they can handle it. Mr. Plummer: Even if they do double duty? Chief Duke: In order to do double duty, I would have to do like we do now with the engines where we roll a squad; we actually put the engine out of service, we get on a van, we respond in the van. It doesn't seem to be a problem for our response. If we did that, this would be the same thing, we could put the aerial out of service when we responded to hazardous materials team. Mr. Plummer: Well, I think that's what's being said. Chief Duke: Well, the problem with that is this is a different situation altogether whenever you're getting into that facet, that phase. Mr. Teems: The stats I've got on hazardous material and actually hazardous materials rise now you understand that engine 3 held double duty. OK, it was a HASMAT team. It was also an engine company and it ran fire runs, rescue runs and HASMAT runs. Mayor Suarez: We understand they can't do both at the same time if that's what's being talked about here. Yes. Mr. Teems: So, when they were on a HASMAT run, they were out of service with the engine. Mayor Suarez: Very good, we're... Chief, obviously you're not going to do them both at the same time, but I mean that'll happen only so many times that it will coincide. And still we'll have the aerial available, who knows, 95 percent of the time, maybe 98 percent of the time. Sounds like what the consensus of the Commission is. Ms. Gloria Felice: Yes, I wanted to just say something, my name is Gloria Felice. I wanted to just say something. I live in this neighborhood and if you're going to take the aerial truck and put it out of service when you're using the hazardous waste truck, you're saying already we don't need the aerial truck. So what's the big sacrifice? You're making - according to what you're saying, you're not making any big sacrifice if you put the aerial truck out of service while you're using the hazardous waste apparatuses. So there's really no conflict with the two because you're saying in essence, that we don't even need the aerial truck so it shouldn't be a problem for you. Just stick... Chief Duke: With leaving it there, ma'am? Ms. Felice. With just leaving it there for that particular time that you're using the hazardous waste apparatus. Chief Duke: If that's the decision of the City Manager, you know, that's the way we'll go. Ms. Felice: That's just a question I was posing. Hey, I just vote here, I don't... Mr. Dawkins: Thank you, Chief. Mayor Suarez: Thank you, Chief. Mr. Dawkins: OK... Ms. Lori Weldon: Can I, may I ask a question? Mayor Suarez: Wait let me see the Commissioner. Are you going to... Mr. Dawkins: No. I'm going to the Police Department but I guess she's still with the Fire Department. 197 September 8, 1987 I 6 Ms. Weldon: Oh, I just wanted to ask - Lori Weldon, 160 N. W. 44th Street. On this hazardous material storage. OK, are you going to store apparatus or the material? Mayor Suarez: No storage, no storage, no storage. Mr. Plummer: No, no, no. No storage. Ms. Weldon: OK, just the apparatus, no material. Chief Duke: Yes, ma'am. Ms. Weldon: All right, no problem. Chief Duke: This is the equipment there that would take care of the hazardous materials around your area. Ms. Weldon: No problem. Mayor Suarez: OK, thank you, Chief. Mr. Dawkins: OK, where is - now, through the Police Department. At a meeting in the community, it was ascertained that the Police Department cannot provide adequate services on the amount of money budgeted in this current budget. And after quite a bit of discussion, it was determined that another 3 point 5 million dollars would be needed to provide the same level of services that are provided now in that the cost of living and other normal expenditures would expand the budget and if we had $74,000,000 in the budget this year, with the normal cost of living and the other things we know went up, it was felt that $71,000,000 was not enough and promised the people at that meeting that I would make a motion to restore 3 point 3 million dollars back to the Police budget as long as you didn't take it from sanitation and parks and recreation and I so move. Mayor Suarez: So moved. Mr. Carollo: I second that motion. Mayor Suarez: Seconded. Mr. Plummer: Under discussion, let the Police Chief and the Manager speak to it. Mr. Odio: He's getting $3,000,000. I'd better talk. I'll just have to decide who do I lay off? And from where. We only have so many dollars so somehow, somewhere, we're going to have to lay off and we're going to have to look at the Fire Department inclusive for this. So, if you had in your motion not to touch the Fire Department, then we're getting down to whatever is left we'll just lay off. Mrs. Kennedy: See, another thing... Mr. Carollo: You're not touching fire, sanitation or police. Mr. Odio: OK. Mrs. Kennedy: You know, you don't have money to negotiate the contracts with the Police Department. You know, we don't want them to go six months without a contract like they did last year. They were in limbo for months. Mr. Odio: Right. Mrs. Kennedy: Where are you going to get the money? Mr. Odio: Well, if you give the Police Department $3,000,000 more and the Fire Department bypassing the administration comes to the Commission and gets an increase in their salary, we're offering zero percent increase this year and AFSCME, also. And if they get an increase we just won't have the money, we won't have the money. 198 September 8, 1987 Mr. Plummer: Let me ask this question of the Chief. Chief, we all know that your budget has been reduced by $3,000,000. It doesn't take a big Einstein genius to understand that. Now the same question has to be asked of you. The Manager has said that the level of service will not drop. Your answer to that, based on three million less, is what? Chief Clarence Dickson: It would mean about 130 vacancies that will have to take place in the Police Department; civilians over a period of time to meet that budget cut. We have developed some responses to this expectation that we feel would compensate to a great extent for the cuts that we would have to implement. Mr. Odio: Before he goes on, I want to explain something I think is important. When we talk about his budget, first of all we talk about $71,000,000 plus 17 more million dollars. You're talking about an $88,000,000 budget. That's what he last - the adjustments... Mrs. Kennedy: What other seventeen million? Mr. Plummer: Grants. Mr. Odio: He gets second dollar funding. Mrs. Kennedy: Oh. Mr. Odio: Different fundings. He is a total of $88,000,000. Now, from 1979 through 1988, the Police Department has received 145 percent increase in their budget. And I'm saying is that the - we are getting to the limit of funding. The City is a nine point - we went down on the millage, but even if you went to the 10 point millage, you would only raise $3,000,000. So, at one point here we've got to decide whether we give all the money to the Police Department and close all the other departments - this is what we're getting to and that's what I have to face. What we did with the Police Department is for the first time done a proper budget. They always hid money in target savings, in the salary savings. Mr. Carollo: Excuse me, excuse me, excuse me. You're telling me that for the first time we're doing the right type of budget? Mr. Odio: We're making a... Mr. Carollo: Which were your words that you used? Mr. Odio: No, no, let me clarify that, I'm... Mr. Carollo: No, no, please, please, use the same words. Mr. Odio: What I'm saying is, for the first time, we're taking out salary savings... Mr. Carollo: We're doing an appropriate budget, you said. Mr. Odio: No, I said according to my view, let me clarify. From my point of view, I'd rather... Mr. Carollo: Mano, I don't know what you're shaking your head about, you're the same guy that was doing it the last few years. Mr. Odio: Wait a minute. No, no, no, wait a minute. Commissioner, no please. My point of view I would rather have that cushion in there if I — could. But in order to do what we've done with the millage, we have to have the proper projections and what we did is we took the necessary positions that we had, when are we going to hire them and put funds in there when we needed them, not for the whole year. Mr. Carollo: In other words, what you're telling me is... Mr. Odio: Now we have done it different. Mr. Carollo: ... that for the last few years... Mr. Odio: No, I didn't say that. 199 September 8, 1987 Mr. Carollo: ... Mano... Mr. Odio: 1 didn't say that, Commissioner. I said that... Mr. Carollo: Well, I haven't said nothing. That for the last few years I haven't said a word. Mr. Odio: I know where you're going. No, I'm trying to explain that we took out salary savings. Mr. Carollo: Yes, for the last few years, Mano hasn't been giving me the right numbers. Mr. Odio: No, no, I didn't say that. No, he... Mr. Carollo: Well, then let's do it the way he's been doing it the last few years and figure your budget out that way. Mr. Odio: Fine, then we'll go up to a hundred and whatever... Mr. Carollo: Either your way is right now or the way that he's been doing it in the past years is. Both can't be right. Mr. Odio: The situation in the years past is different than what I'm facing now. Mr. Carollo: In other words, what you're saying is that you're giving us the bottom line reality what is going to be spent. In previous years, they were purposely cushioned... Mr. Odio: No. Mr. Carollo: ... several million dollars there... Mr. Odio: I didn't say that. Mr. Carollo: ... that were not going to be spent. Mr. Odio: I didn't say that. Mrs. Kennedy: He has been joking all these years. Mr. Carollo: Well then, if you're not saying it, what the hell are you telling me? Mr. Odio: There's different philosophies of management, OK? I'd rather work on a tight... Mr. Carollo: This has got nothing to do with different philosophy. It's got to do with how much monies you're going to spend or not. Mr. Odio: Well, going.. Mrs. Kennedy: Come on, Cesar, don't get intimidated. Mr. Odio: I just don't want to compare anything to anybody. I'm just telling you, Commissioner, that what we think is what we need is this budget. And I talked to the Chief at length that we projected the necessary funds as we needed them instead of taking the positions that we would need for this year and say we need another fifty police officers and multiply that times the cost of police officers and project it out for the whole year - but with this, when are they going to come on board and that's when you put the funds in the budget. That's what I've tried to say is the difference in how we projected and how we make project... Mr. Carollo: Well then, the way they were projected in the previous years again was not correct then. Mr. Odio: Well, no... Mr. Carollo: Because that... 200 September 8, 1987 0 Mr. Plummer: That's true, he's making a correct statement. In the past... Mr. Odio: Well, I'm not. Mr. Plummer: ... we had put in x number of policemen - it used to be that a policeman, fifty policemen represented $1,000,000. That's what fifty policemen represented back then. And at that time, we put in $1,000,000 for the whole year fully knowing that half of them were coming on in March, part of them were coming on in June, and part of them were coming on in September and it wouldn't be a million dollars. It would be like $600,000. Mr. Carollo: And this is why people would say at the end of the year just how wonderful they were that they had surplus of millions of dollars. Mano, you were part of that, buddy. Mr. Odio: Well, but that... no, no... The is problem like I said is easier to work - they would not have four or five years ago the problems that we're going to face this year and next year and the year after that. They did not have a Gates case where we have to put in $30,000,000 into that pension fund every year. Mr. Carollo: Well, I guess I do have to agree with Chhabra after all. One of the statements he made that Seiks are a lot more honorable. I guess he's right. Go ahead, Mr. Manager. Mr. Odio: Well, what I'm saying is, not having the salary savings in there, which is $3,500,000, and not having the target savings, they saved $3,500,000 from last year. Mr. Carollo: You told me all that I wanted to hear, you know. And for whatever your reasons are, you don't want to explain it right, but each year there has been purposely an inflated amount that has been given to us on the police budget and this year for the first time we're getting the reality of what is going to be spent throughout that whole fiscal year. Mr. Odio: What I'm saying... that's right. Mr. Carollo: In previous years, it was inflated so that there would be several million dollars cushion that, of course, the Police Department was not going to spent, then would go and revert back to the general budget at the end of the year. Mr. Odio: The Chief can speak for himself. But we do not want, under any circumstances... Mr. Carollo: It's got nothing to do with the Chief, it's got to do with the guy that you've got running the budget all the time. Mr. Odio: No, sir, that man works for the Manager and believe me..: Mr. Carollo: Well then , it's got to do with you and the previous Manager. Mr. Odio: And he's a good management and budget - he's good. Mr. Carollo: Oh, I tell you... Mr. Odio: I will... Mr. Carollo: From what I've seen, it's the blind leading the blind in this City. Mr. Odio: But Commissioner the point is that I'm trying to make is that we know we're going to run the Police Department efficiently. We know that the Chief has improved the department. We can still improve a lot more. That the problems are not solved... Mr. Carollo: Well, I know the Chief has improved the department. Mr. Odio: The problems are not solved by throwing dollars... 201 September 8, 1987 Mr. Carollo: And I have a complete confidence in the Chief. It's got nothing to do with the Chief. It's got to do with the administration. Mr. Odio: OK, so this administration is saying we need - this is the dollars we can do it with. We can do it with these dollars, we know we can and we are going to provide the same service or better than we did last - we're going to add more police officers, but they are projected when they come on board and not for the year and, yes, we have zero salary increase for the officers this year. We have been saying that to the units now for two or three months. There is somewhere, somehow, we have to stop this spiral upward... Mr. Carollo: Well, can I ask a question? Whatever happened to the minimum ten year projection that I asked for for this City? Was that ever done? Mr. Odio: We are working on that ten year budget. Mr. Carollo: What do you mean, you're working on it? This is something that I asked for months ago. I was told that we needed to bring a consultant and pay him fifty thousand, whatever a year. This is something that anyone that has the minimum amount of capacity and talent in the field of economics can figure out for you in a matter of month and it's been like over six months and we still haven't gotten that. Mr. Odio: I guess it's... Mr. Carollo: And you're telling me that we have the adequate people running those departments? Mr. Odio: No, it's my fault, Com... it's my fault. Mr. Carollo: That should have been done years ago. Forget about your fault, that should have been done years ago. Even before you were City Manager. Mr. Odio: Well, let me point this... Mr. Carollo: And it was never done. You know what's going to happen? At the rate that we're going, my friend, we're not too far away from this City finding that we are truly going to have to lay off people because we don't have the funds to run this City. And we're about four to five years away from that. Mr. Odio: I agree with you. Maybe sooner. Mr. Carollo: Before the roof collapse. Mr. Odio: Maybe sooner. That's why I insist - I know it's hard for the Police Department that has received 145 percent increases in seven years, all of a sudden that they... Mr. Carollo: And one of the problems is, one of the problems is that nobody wants to work in this City. And all that you want to do is tax the people of this City and not find new ways where you could bring in additional dollars without taxing, so what's happened is, we're almost at the top of what we could tax. We could only go up, as you say, another $3,000,000 or so in taxing people. And after that, you can't go any higher. So year after year, administration after administration has just not worried about that because we could always tax some more. So now, we've reached the limit and in the meantime very few people have been concerned about how we could bring additional dollars to the City's coffers without having to tax people. This is why I'm pushing so much for Virginia Key, the master plan we have there, because it's one way that we could bring millions of additional dollars to the City of Miami. Mr. Odio: I think we agree with you. If you look, Commissioner, and I will be glad to give you a projection of what we did this year as a matter of new revenues for the City. We do agree on that and we are working very hard on that. I think that's the answer to some of our problems for the future. Mr. Carollo: Well, I'll tell you what, Mano, since you've all worked so hard, can you have in my office by tomorrow copies of everything by noon time that you've done so far on this ten year projection? I'm just curious to see what you've done so far on it. 202 September 8, 1987 0 Mr. Odio: OK, Commissioner, please let me say this. If the ten year projection hasn't been completed, it's my fault because we had to finish this budget. Mr. Carollo: Cesar... Mr. Odio: We wanted to have this budget finished before the recess. Mr. Carollo: This has been going on for six months since we officially started talking about it. Mr. Odio: But he has... Mr. Carollo: Much past since we unofficially were talking about it. Mr. Odio: I think we can have a ten year projection for you by next - in two or three weeks, Commissioner. Mr. Carollo: I want to see what's been done. You know why? Because you know damn well nothing's been done on it. Mr. Odio: No, I don't think... I'll have it for you tomorrow. Mr. Carollo: No, I want to have whatever you have on record. So, you know, just get whatever papers you have stored in any drawer, full of dust, send them to me tomorrow. And try to talk me into that being part of the work that you've done so far. Mr. Plummer: I'd like to go back, Chief to the, I guess the question I asked. Your budget is reduced. You heard the Manager state the level of service will not decrease. And I guess the real question is, we've got to ask you. Do you agree with that statement? Chief Dickson: The plans that we have worked out in response to the budget that we are dealing with, $71,000,000 on paper should they work, we should be able to maintain somewhere within reason the level of service that we provided during this fiscal year in the coming fiscal year. Mr. Plummer: Thank you, Chief. • Mayor Suarez: Ken. Mr. Ken Nelson: Mr. Mayor and Commissioners, I have several questions I'd like to ask on the record, then I have a short presentation to make. First of all, this $71,000,000 budget, Chief - strike that. If I were to ask you to take 5 percent less this year, could the department afford to do that and survive? Chief Dickson: Five percent less of the $71,000,000? Mr. Nelson: Five percent less than the $71,000,000 - that's correct. Chief Dickson: That would be cutting it to the bone. The answer would be no. Mr. Nelson: Absolutely not. If the proposed budget in the $71,000,000, even the 74.2, will anybody be laid off? Civilian or sworn? Chief Dickson: Yes. Mr. Nelson: Are you aware that AFSCME is currently under negotiations in which they are going to have a clause, no layoffs? Mr. Odio: I am aware. I am negotiating that contract and that has nothing to do with any of the Police Department personnel. They are not in the union. Mr. Nelson: The AFSCME people are. Mr. Odio: They are not in the union, the people that are in that report. So, I'm sorry, they're not part of that negoti... 203 September 8, 1987 Mr. Nelson: OK. All right, Chief, under this budget, how many vacant positions will go unfilled? You said 130? Chief Dickson: About 130. Mr. Nelson: Does this proposed budget, even with the 3.2 million in addition, does that provide for any wage increase, cost of living, benefit increase as a result of the contract negotiation? Mr. Odio: It provides zero percent increase as far as it does provide for the normal step increases that the guys get. Mrs. Kennedy: Excuse me a second... Mr. Odio: And some benefits. Mrs. Kennedy: OK, provides zero percent increases... Mr. Odio: But I want - Commissioner let me say this, we are still in negotiations with this union and that question, in other words, they're still in the table in negotiations on some of the points that he's asking. Mrs. Kennedy: OK, but... Mr. Carollo (Off mike): Mr. Manager, can I... Mr. Odio: So if I tell you what I have, or not have... Mrs. Kennedy: All right, but you're talking also about 1,100 police officers. Let's say that they agree not to take any increases this year, what are you going to do about next year? Mr. Odio: I told him already that... Mr. Dawkins: They're going to raise taxes when you and I have to run, that's what. Mr. Odio: No. No, no, no, no, no. Mrs. Kennedy: Yes. Mr. Plummer: You don't run next year. Mrs. Kennedy: Just wait. Mr. Carollo (OFF MICROPHONE) Mr. Manager, can I make a brief statement so that your experts on financial matters over here can include this in their ten year projection. I make a resolution that - I so make a resolution that this City Commission go on record that for the next five years, we will increase the uniform personnel of the Miami Police Department by a minimum 40 to 50 additional officers per year. It's the minimum that we're going to require in order to keep up with the increase of population in the City. Mr. Odio: I want to add something to Commissioner Kennedy and this is very important. Mr. Carollo: But, oh excuse me, I made a resolution. Mr. Odio: Oh, I'm sorry. Mr. Carollo: Somebody wants to second it or not for discussion we can. Since the resolution that... Mr. Plummer: I'd like to second it for discussion but where in the hell is the money going to come from, Joe? Mr. Carollo: Well, we're going to have to find it from somewhere because that's what we need in this City. Mr. Plummer: Well, I don't think next year... Mr. Carollo: Forty or fifty more cops every year. 204 September 8, 1987 Mr. Plummer: All right, I don't think next year's going to be a problem because we're going to have to face that bullet whether we like it or not in the substation, OK? We know, and I think the projected as I have heard, that the substations are going to be an additional $6,000,000 of operating expense in the coming year or in the years that they are in operation. So, you know, when you talk about an additional 250 policemen and that's what you're, I assume, talking about, I don't know where the money is coming from. Something's got to give. Mr. Nelson: Commissioner Plummer, if I may say, as far as additional officers, I was here last year and I told you so and I hate to have to come back here again and tell the Commission, I told you so. We have a lot of projects coming on line that you're talking about the north/south substation. In reality to take a policeman, to train them, get them through the background investigation, take them through the academy and get them trained out on the street before he can be a fully functional police officer, we're talking eighteen month period and we're always reactionary, we're always behind the time. We need to be pro -active, we need to take Commissioner Carollo's suggestion to heart and try and get these policemen in here so they are trained so we can provide the type of service that our citizens so much deserve. Mr. Carollo: It's the only way that you're going to keep up with the requirements that this City needs. The reason that we have some of the problems that we have had in previous years was just because of that. 1980 we let our Police Department go down to 650 officers when we should have had a minimum of 200-250 additional officers on the force at that time. So we started playing catch up and didn't follow the procedures that we normally would have and the requirements that we normally would have. And if we don't start planning now in doing this where we gradually hire additional police officers every year, we're going to run into this same very problem that we ran into in 1980 and '81. Mayor Suarez: I don't have any problem with it as a resolution of intent but we're basically deciding one fiscal year. As a resolution of intent, I think it's not a bad idea. Mr. Nelson: OK, just getting back to to my questions and the reason why I brought up the cost of living... Mr. Odio: Can I say something? Mr. Nelson: ... or the wages is because the Manager stated it first and I wouldn't want to be guilty of an unfair labor practice so that's why I don't... Mr. Odio: Well, let me say something, please. Commissioner Kennedy, you're concerned and so is Commissioner Dawkins about two years down the road. If I give them a 3 or 4 percent increase this year, and increase their base pay, that compounds and I'm trying to f igure out how much it is right now. They are putting in a zero this year was to stop that spiral because everytime we pay one dollar, it costs the City an out of pocket of 51 cents. Maybe more with the Police Department now and the Fire Department. So what we're trying to do is stop the growth of the base. So really what we're doing this year will benefit you down the road two years down the line. Mr. Plummer: Well, there's also another... Mr. Odio: And I can show you that in dollars, please. Mr. Plummer: There's also another alternative, Mr. Manager and we've done it before. When the dollars were not necessarily there, you use a benefit. A benefit is worth money to a policeman but he doesn't have to have taxes or anything else taken out of it. So, I mean, there are things that are negotiable without building upon the base. Mr. Odio: Yes. And that's why I said we are still in negotiations. We still have some things on the table including affirmative action which is important to both them and us. So there's still a lot of things that can be negotiated. But I wanted to stop the growth of base because of the problem with the cost increases. 205 September 8, 1987 IN Mr. Nelson: My next question would be on the $71,000,000 budget. Would that take into account a 3 percent inflation rate, step merit raises, increases for officers, Martin Luther King's Birthday, or the the $1,000,000 overtime project that was approved by the Commission? If they're going to consider to renew it again this year. Mr. Dawkins: Wait now. Wait now. The Martin Luther King Birthday was not an additional date, that was one you had to adjust to. Am I correct or wrong? It wasn't an additional one now. I'm with you when you're right but I can't be with you when you're wrong. Mr. Nelson: My last question, Chief... Mr. Odio: I'll repeat, I think that it's unfair, Ken, you know for us to answer that is to tell him what we can give, so... Mr. Nelson: I'm not asking what you give, I'm asking what's included in this budget. I didn't say it three... Mr. Odio: If I tell you that, I'm telling... Mayor Suarez: Well, on one of those issues, I think that certainly we ought to get an answer on the step raises, the step merit raises. Is that included? Mr. Nelson: No. Mayor Suarez: How many people and I've asked this question and I've gotten an answer, I just want to put it on the record. What percentage of uniformed police officers of the City of Miami are liable or expected to get those in any one year? Leave out discretionary employees. You've given me a figure before. Maybe the union's given me a figure before. Somebody's given me a figure. Mr. Nelson: I got my figure from you. Mayor Suarez: I thought I got mine from you. Dean Mielke: It would be as quick off the top of my head, Mr. Mayor, but since you have a young... Mayor Suarez: Of the civil service employees of the non discretionary. Mr. Mielke: You have a young department, you probably have at least, I would guess two thirds of them probably have less than 10 years of service which means that they would be moving through the anniversary step. Mayor Suarez: The figure you have given me in the past has been 60 percent. Mr. Nelson: My last question would be at a Commission meeting recently, it was approved by the Commission that they would take 300 plus thousand for uniform issuance and at that time, they told me that was going to be for the issuance that was owed us in 186-187 that those monies will be taken out of the fiscal year 187-'88 and what I'm asking is, in accordance with our contract, are we going to be - is the money allocated for the uniform issuance for the 187-188 fiscal year or not? All right... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Put it on the record, please. Mr. Odio: Yes, we have money for the uniforms. Mayor Suarez: Thank you. Mr. Nelson: Just to close my presentation, I'm not a certified public accountant or an analyst for management and budget, but I do know how to balance a check book and I take a look at the facts and the figures concerning the police budget and I take a look at last year, fiscal year 187. We're budgeted 74.2 million, the City Manager asked the Chief to spend 71 and I know this year's budget's coming out, the actual expenditure is coming around somewhere around $73,000,000. We turn around and we ask, before they approve 206 September 8, 1987 this 3.2 million in addition to go along and maintain that $71,000,000 budget. That $71,000,000 budget and I emphasize this, doesn't take into account the $2,000,000 that we're spending over that 71 from last year. It also doesn't take into account 3 percent for inflation which is a conservative figure which would be at approximately an additional 2.13 million or the figure that we got that 60 percent of sworn is going to receive a 5 percent step raise which would be 1.18 to 1.38 million. Mayor Suarez: I thought they said it was included, Ken. Mr. Nelson: I'm telling you the 71 it's not, with the 74.2 it might. That would leave an actual shortage for 3.31 to 5.51 million. The best case scenario and you heard the Chief is, that the 71 million he'd have to lay off 130 employees. Looking at it, there would be 52 civilian positions that would remain unfilled. The police aides which were up about 35 are supposed to go back down to 20 and there's a good possibility that we'll lose all those positions too. Also, with a 71... Mayor Suarez: Is that the same as public service aides? Mr. Nelson: No, the police aides, the temporary hires that they hire. Also, the goal of 1,100 officers which would happen is in - right now, I think that the projection is would be up around 1060. Well, we lose on an attrition rate about five per month, we'd never reach that goal and what it paints is a cornucopia that we're going up to 1,100 but in actuality we'll probably be around 1020, 1030 next year. The worst case scenario is a combination of 200 layoffs. We also know that AFSCME and the Manager says they aren't part of - the civilians on the Police Department aren't part of AFSCME, and I say that's wrong, they are. They're going to have a clause that they can't be laid off so where does it got to come from? It's going to have to come from either temporaries or from sworn police officers. I think that... Mr. Odio: May I, Ken? By the way, right now we're at the end of the budget - of the year, we have 1067 police officers on the payroll today. Mayor Suarez: Are we in agreement on the present level, Ken? Are you in agreement with that? Mr. Odio: One thousand sixty-seven. Mr. Nelson: The figure I got tonight shortly before the meeting was at 1034. We have a class of 11 getting ready to graduate in two weeks. With the classes that we have prepared to go through the academy and that will take us up to about 1060. Mr. Odio: We have 1067 plus 20 in the class right now. Mayor Suarez: You know, we ought to be absolutely sure of that particular figure before - certainly before second reading. Mr. Odio (Off mike): Will you repeat that number on the record, please. Mayor Suarez: You said it, 1067. Mr. Carollo: Plus 20 in the class he said. Mayor Suarez: Plus twenty in the academy. If we wanted a computer printout of those 1067 names and so on, you'd be able to provide that to us. Mr. Odio: Yes. Mr. Nelson: Just in closing... Mr. Odio: I just wanted to say one more thing, we have added to the Police Department in the last eight years 540 people, 540 personnel. All other departments... Mr. Carollo: Five hundred what? Mayor Suarez: Is that sworn officers or altogether? 207 September 8, 1987 f Mr. Odio: Civilians and altogether. All other departments of the City of Miami have gone down, minus three so the goals have been only in police... Mayor Suarez: Have gone down how much, I'm sorry? Mr. Odio: If you add all the other departments in eight years, they have gone down minus three employees. Mayor Suarez: Minus three? Mr. Odio: Yes. Mayor Suarez: So they've stayed about the same? Mr. Odio: Stayed that way, yes, yes. Mr. Nelson: Just in closing, I'd like to say that there's a saying that history repeats itself and I think with a $71,000,000 budget, history is going to repeat itself sooner than you think. I think all Commission members remember very well last year when we marched down here in strength as the result of a death of a police officer, we can rest assuredly that that won't happen because of a police car. We can rest assuredly that probably won't happen because of a weapon. But what happens when your attrition rate, your people in the department seriously takes in - draws back the competency that you have in your people, what happens if a dispatcher doesn't send a rescue unit to a police officer that's down or doesn't know the location or doesn't provide appropriate backup and somebody gets hurt? And I think that to try and go back to this bare bones basic and to try and cut back on the Police Department, you're going to end up causing another unfortunate circumstance. I know that by talking to each and every one of you here on the Commission that your hearts are with the police officers out there on the street and I know that you wouldn't stand for anything like that and we just ask you to go ahead and consider that when approving this budget. Thank you. Mayor Suarez: Thank you for your presentation. Mr. Carollo: Mr. Manager. Mayor Suarez: Commissioner Carollo. Mr. Carollo: How many C.P.A.Is do we have on staff? Well, can you let me know? It's a simple question. Mr. Odio: We have two. Mr. Carollo: Who are the C.P.A.'s we have? Mr. Odio: Carlos Garcia is one and Gary Houck. Mr. Carollo: Carlos and Gary. What departments are you in again, for the record? Mr. Odio: Finance. Department of Finance. Mr. Carollo: Finance Department. OK, have you been involved through this whole budget? INAUDIBLE RESPONSE. Mayor Suarez: Carlos, why don't you come up to the mike, please. Mr. Carlos Garcia: Only to the extent of our own departments. Mr. Carollo: Only to the extent of your own department. Mr. Garcia: Yes, sir. Mr. Carollo: So the person that's been doing the overall budget for the City is someone other than yourself and your assistant, the only C.P.A. Is that we have in the City of Miami. Mr. Garcia: It is the budget department, Commissioner. 208 September 8, 1987 f Mr. Carollo: OK. Thank you. Mayor Suarez: Lori. Mr. Carollo: You don't have to feel so bad, you're not a C.P.A. Ms. Lori Weldon: OK, my name is Lori Weldon. My address is 160 N. W. 44th Street and Chief, I'd like to ask you some questions. I heard the Manager say that in addition to the 71, proposed 71 point, what one, is it? That you will receive 17 million from grants or some other sources. How much of that is going to be used to maintain the level of service which it's now at? In dollar amount. Chief Dickson: In terms of identifying the number of dollars that could come out of grants forfeiture, second dollar funding, etc. that would, in fact, replace personnel that could be used to supplement salaries of persons who in fact would be laid off, we could not use those funds for that. Those funds could be used in the areas of some of the programs that I have established here in the plan or for response. This money can be used for crime fighting programs that we do not now already have established, such as funds from the forfeiture - our forfeiture funds which at the present time is assisting us in our sting operations, our forfeiture fund detail, some criminal investigations, and to supplement the manpower that we already have in special programs. However, to answer your question, it would not - we would not be able to hire with these funds. Ms. Weldon: So in other words, that's not going to resolve the problem... Mr. Odio: Let me add... Ms. Weldon: ... of a budget of 71... Mr. Odio: May 1 add something? If he didn't have the $17,000,000, we would have to find $17,000,000 to replace those dollars. I don't know if I answered your question... If he didn't have those $17,000,000 you would have to find it out of general fund which we don't have. Ask him that question. Ms. Weldon: OK, fine, but that's ... Chief Dickson: I didn't hear the question. Mr. Odio: He has an $88,000,000 budget. Now, what he uses his dollars for is the fact is that the bottom line is 88 and if he doesn't have it from one source, he has to find it in another. Ms. Weldon: OK, so you're saying that you would supplement those 17 millions if he did not have those grants. Is this what you're saying? Mayor Suarez: In order to keep in effect all of the same programs that we have now. Mr. Plummer: Right. Ms. Weldon: In order in effect to keep - OK, so this, the same programs you have now. OK, let's ask this, of that or with the budget that they're proposing, the substations that are going up, will they be able to be manned? Mr. Odio: No, they're not budgeted for this year for the simple fact that we won't have a substation in operation this year. Now, as we approach the next budget year, that is one helluva problem that I have in figuring out where the money is going to come from Ms. Weldon: OK, now the substation... Mr. Odio: And that's the reason why, excuse me, please, I'm hoarse - that's one of the reasons that we have to hold the line this year and try to build up a cushion for years to come. Ms. Weldon: OK, now the substations I told would be going up a year from, we won't even say ground breaking, but at the discussion today are they going to be here from this date? 209 September 8, 1987 r r Mr. Odio: Well, they said from October 1st to October 1st so I'm figuring, and I'm right, that it will not be in operation in this budget year we're discussing. And if we don't hold the line now, where are we going to go from 74 to 80 million next year when we only have $3,000,000 that we can increase in taxes if we had to. Where are the dollars going to come from? Mr. Carollo: Regardless of whether you hold the line this year, where do you go from here in the next two years from now, three years from now, four or five years from now? Mr. Odio: Well, that's the projections, we are working on that and that's why we have to face this today and not four years down the road. Mrs. Kennedy: That's why we need the ten year projection. Mr. Carollo: I know where I'm going, I'm going to be right here in Miami. I know where some of the people you have working the budget are going. They're going to go somewhere else and leave Miami. Mr. Odio: Well... Mr. Carollo: And that's the major difference. Mr. Odio: They are professionals, Commissioner. Mr. Carollo: Yes. Mr. Odio: They are professionals. And what I will do is... Mr. Carollo: I remember some chaps that I was told how professionals they were. Ms. Weldon: OK, well I want to say to this Commission. I don't care how long you sit up here and try to convince this community that the Police Department can operate on $3,000,000 less in the coming year when we all know that everything in life has gone up. Now, I've come down to this Commission last year and I asked for an extra patrol. I heard that I couldn't get it because there was no money, there were no officers and I still haven't got it. Now you want to cut it by $3,000,000. I know I'll never get it and there is not enough police visibility on the streets of Miami as it is. Hold on. Now you're saying that you're going to propose to cut the budget with the possibility of laying off 34 or 20 civilians which will, OK, Chief, who will do the work of those civilians when they're laid off? Mr. Odio: Maybe we didn't need that many in the first place. Have you ever asked that question to yourself? Ms. Weldon: Excuse me? Mr. Odio: Maybe we did not need them in the first place, have you asked that question to yourself? Ms. Weldon: OK, well... Mr. Odio: Are you saying that every problem that we have is solved with throwing dollars at it? Ms. Weldon: OK, I asked that question. Chief, did you need those 34 public aides that you had hired or at least 20 of them? Chief Dickson: We needed them at the time, but I say again, that we've been dealt with a $71,000,000 budget. We've developed plans to respond to that budget and as far as I'm concerned at this point in time, we will be able to deliver a level of service similar to that that we provided with what we had this fiscal year as it relates to the coming fiscal year. Ms. Weldon: OK, now... Chief Dickson: As it relate to the 34 people that you mentioned. 210 September 8, 1987 f f Ms. Weldon: OK, let me ask - OK, who will replace those that you do need that will be laid off? Chief Dickson: If we reach a point where we have to replace the civilians who are doing things now with somebody to do that job, it would have to be sworn personnel. Ms. Weldon: Sworn police officers. OK, and one point I'd like to make clear, the Chief is standing here in front of his boss, the City Manager, he's not - this man has the hiring and firing power over this man, he signs his pay check. Mr. Odio: Don't worry I'm not going to - he can say anything he wants. Ms. Weldon: He is not - wait a minute, wait a minute, wait a minute, he is - oh, yes, right. Mr. Odio: Yes, right. Ms. Weldon: Right! Right! Mr. Odio: Yes, right. Ms. Weldon: Uh huh. He is not going to stand up here and disagree with you, but I'm sorry, I have to disagree with him. Mr. Odio: What do you want him... Ms. Weldon: I do not believe that the Police Department can operate on a cut of 3.1 million dollars. They had to come in as Ken said, they came down here in sworn force to ask for money for new cars, why couldn't the Police Department automatically go out and buy cars with the money they had, they didn't have it. It was not there. Mr. Odio: Well, I don't want to argue with you on that point, you're wrong, but I'm not going to argue with you. The fact is, that the Police Chief and I have a very good relationship and he can say anything he wants to me and I don't think you're an expert on police work... Ms. Weldon: No, I'm not an expert on police work, OK... Mr. Odio: And the Police Chief, wait, the Police Chief is saying on the record that he can deliver these services and I trust him. Ms. Weldon: And as - OK, I have a working relationship with my boss, but if I go against him on one strong point, I'm quite sure I'm out. I don't care how good a friends quote we say we are quote unquote, we say we are. Mr. Odio: Let me tell you, Madam, when this budget was developed that Chief there and I met in private and he had the right then to tell me, Cesar, I cannot do this and I assure you that I'm responsible enough to have said, well, if you cannot do it, then we have to find the money somewhere else. I am telling you that either you trust this Police Chief or you don't and if you don't trust me, I don't care. I have a job to do. What I'm telling you right now that if he told me in private that he could not do it with that money, the budget would have been changed. Chief Dickson: May I respond to her a little bit here. What I have responded to in relation to the budget is in this fashion, I have been dealt a $71,000,000 budget. I have set down with my staff to deal with that. I feel confident that that is what I have to deal with and with a plan of response to the budget constraints that we will be under, the coming fiscal year with $71,000,000 that we have developed plans that will in fact allow us to provide the services to the City of Miami in the way of police response similar to that that we did in the past year. Now without further going through all of the plans that I have here and I'm prepared to do that if I'm asked, I would further explain what those programs and projects are. Do I want to go into the coming fiscal year with a $3,000,000 budget cut, the answer is no. Do I recognize the fact that that is what I have to deal with and we've come up with program to deal with this situation, yes, we have done that, so, you know, unless we go into more detail and I can get to specifics I don't think we're really going to get anywhere with satisfactory explanations. 211 September 8, 1987 i f t Ms. Weldon: OK, I wanted to ask another question. Of this 17 million, is there any money in there for the substations? How much? Mr. Odio: Ten million. Ms. Weldon: Ten million. So you're dealing in reality with seven because it's supposed to be five million for the building and construction itself - five million each. So why you want to tell us, he's got $17,000,000? Mr. Mato Surana: Ten million is part of 88 million budget, not 71. Ms. Weldon: No, I'm not saying 71 I said the 17 additional that he referred to, one seven. Mr. Surana: All right. Mr. Odio: Part of the budget, yes, there is money there for the substation. Ms. Weldon: OK, so OK, we're going to reduce it by ten. Mr. Odio: Right. Ms. Weldon: So you're down to 78 Mr. Odio: No, don't reduce it, we need the money - we need the fund to build the substation. Ms. Weldon: No, no, I'm using the figures you gave me here. Mr. Odio: Fine, fine, fine. Ms. Weldon: OK and that's not including personnel. So I believe in that 7 million or in that 88 million, there are funds allocated, they have already been, well they have already been designated that cannot be touched as far as maintaining services. So you're doctoring, as far as I'm concerned, these figures and you're not giving us the correct answers here. OK, let me ask you another question. Mr. Odio: What do you mean... I, OK... Ms. Weldon: You said that you could maintain services or... Mr. Odio: I didn't say that, I say it and the Chief said it. Ms. Weldon: ... what about increase, OK. It has been said that the level of service can be maintained. Mr. Odio: Yes. Ms. Weldon: Do you actually think the crime rate is going to be maintained? Mr. Odio: Well, it went down 9 percent. I think we did pretty good this year. Ms. Weldon: That was with 74. Mr. Odio: It went down 9 percent - no, you know, let me tell you. Ms. Weldon: 8.9 percent. Mr. Odio: Can I answer that? You know what they actually spent, adjusted FY 87 budget was 69.4 million dollars, OK? For the record. Sixty-nine point four million dollars was the adjusted FY 87 budget. It was not $74,000,000 that they spent. Ms. Weldon: OK, let me put it this way. Chief, if I came to you and asked you for an extra patrol in my neighborhood next year, could you give it to me? Chief Dickson: I don't think we would be expanding patrols until we reach somewhere near the limit of the 1,100 people that we're supposed to be getting sometime in the coming fiscal year. 212 September 8, 1987 f `J Ms. Weldon: OK, but you just - you say that you had the... Chief Dickson: But the answer to that question is no. Ms. Weldon: OK, but you just said that there would be 130 vacancies you can't fill so how are you going to get to the 1,100; when are you going to get to the 1,100? Chief Dickson: I don't know. Ms. Weldon: He's not listening to this. Mr. Manager, Mr. Manager, did you hear that? INAUDIBLE RESPONSE. Ms. Weldon: I asked him what - he will have 130 vacancies with the proposed budget you have but you want him up to a manpower of 1,100. He can't do that. He doesn't know when he will be able to or how he will be able to. But yet you sit here and try to convince us that our Police Department will be up to par. Mr. Odio: Well, look, Miss, you're trying to put words in my... I said to you that we have budgeted up to 1,100 police officers. That we have budgeted them as they come on board, not altogether, not in one lump figure. That he has now 20 people in the academy. As they come on board, we have monies for them and as those come on board another 20 will go into the academy and we, yes, we have plans to go up to 1,100 police officers. We now have 1067. Ms. Weldon: Talking to you is like talking to a wall. Mr. Odio: Now last year - yes, sure, the same thing goes with me. Ms. Weldon: Go ahead, but... Mr. Odio: How many we had last year at the end of the budget year, can somebody tell me that? Yes. How many, I know... Chief Dickson: About ten forty or somewhere there. Mr. Odio: So we have actually gone up a net of 37. Chief Dickson: Ten thirty-seven. Mr. Odio: We lose five or six officers a month and we are trying to - and we can... Mayor Suarez: For the record, a net of thirty. Mr. Odio: OK, net 30 police officers this year and in spite of that, this Chief saved over $2,000,000. Ms. Weldon: OK, I want to... Mr. Odio: And that's what I'm telling you that we can do again. Ms. Weldon: I want to address the Commissioners. I would like to say that I hope that the motion that was on the floor to increase the budget by 3 point million will carry because I know that the City of Miami residents will suffer If that budget is decreased. Ms. Gloria Felice: My name is Gloria Felice, I live at 37 N. W. five zero Street. I'd like to make a statement to the Commission as regard to the budget. My statement is this. We're talking about we can't go up any more on the taxes, we're only going to come up to about $3,000,000 that's as far as we can go. We're talking about raising funds from other areas, revenue robbing from other areas. The only way anything can work in Miami is if we can assure the tourists and everybody else that lives here and comes here, that they're going to be safe when they get here. We can't do it counting pennies with the Police Department. We'd better find another way to count the pennies but the Police Department when they suffer tourism suffers, everything suffers behind it. Every bad rap that can be attached to the City of Miami is attached to 213 September 8, 1987 f f the City of Miami on the coattails of the Police Department and if we going to say that it's a dollars and cents problem, all the glitter that we got downtown and the Miamarina and all the glitter we got everywhere else is not going to help us if we don't do what we're supposed to do about law enforcement. That's my statement. Mayor Suarez: OK, we have a motion and a second or we have a substitute motion. Mr. Teele. Mr. Arthur Teele: Mr. Mayor, members of the Commission, for the record I'm Arthur Teele. I live at 555 N. E. 15th Street and I'm here to support the motion that's on the floor regarding the restoration of the $3,000,000 for the Police Department. Mr. Mayor, if I may raise some questions of the Manager and the Chief. I'd like to say, first of all that I heard the Manager state that this is the first budget that really is an accurate budget, particularly relating to the Police Department and the transcript will certainly clarify those words. The concern that I think the average citizen has, certainly the citizen that's looking at this budget, realizes that the Police Department and the police functions, particularly in a city as sensitive as the lady has said, tourism, etc., it's not only important to the residents and businesses but it's also important to the overall trade and commerce of this community. And I think perhaps as objective as any other statement, this is something that this Commission should weigh very carefully. The problem that I have, quite frankly, in being somewhat familiar with budget processes is trying to understand the numbers and, you know, I have a great deal of respect for professionalism but I think professionalism, Mr. Manager, flows both ways. It is particularly important that the citizens be afforded professional responses and courtesy and I intend, Mr. Manager, to insist upon that so I'm not going to disrespect you but I certainly don't want you to treat and talk to me like you've talked to some of the other people here, please. I'd like to know, Mr. Manager, particularly regarding the expended budget in FY '87 are based upon where we are at this point, we should be, I would imagine, somewhere about eleven twelfths through the FY '87 year. How much money, out of the general fund, out of the general fund, has been spent for the Police Department? Mr. Odio: As of right now, they have saved $2,000,000 over what they were allocated for this year. Mr. Teele: OK, now, before you gave the figure $69,000,000 for FY '87... Mr. Odio: That's what the... Mr. Teele: Now, 69 million against 74 million... Mr. Odio: Well, we'll explain it to you for a minute... Mr. Surana: FY '87 budget, 74.3 million - 74.3 OK? Mr. Teele: Seventy-four point three? Mr. Surana: Yes, that's for '87. Mr. Teele: Is that the budget or is that the expended budget? Mr. Surana: It's the budget, OK. Then we made the adjustment, one for target savings 3.5 million, ----- adjustment was a one shot, one million was provided by overtime. Then operating expenses went down by 400 thousand. So if you make an adjustment of 4.9, that gives you adjusted, apple to apple budget, 69.4 million. Mayor Suarez: He assumed that on the premise of his question. He then told you that we have used up approximately 11/12ths out of the fiscal year, actually 11/12ths plus another quarter of a month and then he went on to ask you if you know, at this particular point, what exact amounts do we have left to spend of that particular budget. In other words, do you know how much has been spent up to now in 11/12ths of the year plus six days? Mr. Surana: No, we'll check it out those numbers. Mr. Teele: Well, let me ask the question a little bit different. Based upon the historical budget patterns for the first three quarters, that would take you back two months ago, can you project, at the end of the fourth quarter, 214 September 8, 1987 t f just one number? How touch money the Police Department will spend in FY '87, will have spent in FY 1877 Just one number. Mayor Suarez: Well, he did give you that. He gave $69,000,000 for that figure. Mr. Teele: Is that the correct figure, $69,000,000 out of the general fund for the entire fiscal year? Mr. Surana: OK, let me clarify what we're trying to say here. Mr. Teele: Please, I would like for you to, but just give me the figure and then... Mr. Surana: OK, all right... Mayor Suarez: And see if you can answer that yes or no because that was my understanding of what you had said. Sixty-nine million dollars for the entire fiscal year from the Police Department general fund, as projected now with approximately whatever number of days left in this month. Mr. Surana: No, no, Mayor, it's not going to be 69.4 million, no. What we did, we comparing two budgets, 88 budget with his 87 budget and what I did... Mayor Suarez: Well, we're leaving 188 out now, I don't think his questions are direct"ed at 188, we're looking at 187. Mr. Surana: If I had to guess without looking at all the numbers, they're probably going to spent probably 72 million or less. Mayor Suarez: Seventy-two million? Mr. Surana: Yes, probably, yes. Mr. Teele: OK, Mr. Mayor and Mr. Manager, member of this Commission, now you've heard four figures already. You have a printed figure before you, you've heard the figure of 69, you've heard a figure of $2,000,000 less than the budgeted amount which was 74 and now you're hearing... Mayor Suarez: Well, that does correspond to the 72, he just said. Mr. Teele: Well, which is closer to the 72 million so... Mrs. Kennedy: We still have three figures. Mr. Teele: Say again, ma'am? Mrs. Kennedy: We still have three figures. Mr. Teele: You still heard three figures and... Mrs. Kennedy: 69, 72, and 74, Mr. Surana: All right, OK, those three figures do three different things, OK? Mr. Teele: Well, my question was only one question, that is forgetting all of your secondary fundings, second funds, looking at your general appropriation because that's really all we're talking about tonight, how much money will the Police Department have spent from FY 187 beginning to FY '87 end and the figure that I think we've all agreed on is approximately $72,000,000. Mr. Surana: Somewhere there, yes. Mr. Teele: OK, now, the Manager has... Mr. Surana: That's again I'm estimating, I don't have the figures front of me. Mr. Teele: OK, but that's a good budget figure because you've got, certainly you've got three full quarters to project that figure based on so figuring that last quarter will be pretty easy. I assume you're using three quarters, are you using 10/12ths or some figure like that. Is that correct? 215 September 8, 1987 f it Mr. Surana: I'm just, I'm just... Mr. Teele: I assume you've locked up the three quarters, I assume you locked up October, November, December of 1986. Mr. Surana: What I'm saying, all right... Mr. Teele: January, February, March of 1987, that's at least half right there. Mr. Surana: All right. Mr. Teele: So you've got those as historical data... Mr. Surana: Yes. Mr. Teele: ... that is good data, a good data base. Mr. Surana: Right, right. Mr. Teele: So we are saying 72 million. Mr. Surana: Somewhere there, yes. Mr. Teele: OK. Now the requested amount of the Manager is 71 million, is that correct? Mr. Surana: Right. Mr. Teele: So what you're saying now is that without regard to any issues that are on the table by the police, PBA, or etc., you're saying that this budget - just, don't - you're the budget officer, forget quality of service and service, but you're saying basically $72,000,000 in FY '87 is equal to $71,000,000 in FY 188. Mr. Surana: You cannot, you got... Mr. Teele: Based upon... Mr. Surana: All right, you have to... Mr. Teele: Based upon... Mr. Surana: OK, you have to make two adjustment to $72,000,000. One adjustment would be in '87, City Commission had authorized one time $1,000,000 additional funding for overtime which is not provided in next year budget. If you take that out, now we down to seventy-one million. Now, if you take out another $400,000, same thing operating expenses, then you're coming down to sixty-nine - no, seventy-five six million, so... Mr. Teele: Well, let me ask you this, as a budget process would you say that the police budget, cost of living expenses or cost of living allowances is relatively equal to the other departments of the government or less? Cost of living... Mr. Surana: Police Department cost of living is at the same level as in 1987. In 188 budget, we have not provided any cost of living increases throughout the City. So if the Police Department had a one dollar, that's what they got next year, one dollar. Mr. Teele: Let me ask you this. Would you say that the police budget, cost of living allowances are relatively equal to the cost of living allowances for the other departments of government? Mr. Surana: There is no cost of living allowance. Mr. Teele: Based on cost of living allowances. Mr. Surana: None. None for all departments. Mrs. Kennedy: So the answer is yes. 216 September 8, 1987 T Mr. Teele: The answer is yes. Lucia, please don't kill me, please. I have a great respect for the legal department. Forty two positions in the legal department, your budget highlight has one note. You're requesting a 12 percent increase. This increase is based primarily due upon increased salaries and additional fringe benefits. That's on page 81. Mr. Surana: OK. Mr. Odio: Mr. Teele, that's the only department that I don't control as far as... Mr. Teele: I know, I realize that, Mr. Manager, that's why I started there. Mr. Odio: And if I - if my dear friend here, I would have said zero, OK? Mr. Teele: That's why I started there. Mr. Manager, that's why I started there. Office of Management and Budget, a 5 percent increase. This Increase - budget note, one line, this increase is based primarily due upon fringe benefit requirements. Next one, Planning Department, and I'm not picking on anybody, I'm just randomly going through them, 22 percent increase, one person increase from 25 to 26. All of the statements in the budget highlight from your office indicate you got to increase these salaries or these total budgets based upon increases in fringe benefits and salary costs. Mr. Surana: All right. Mr. Teele: Which are your normal costs of living. Now, the question becomes this, we're talking about 25 people, 46 people, etc. How can you expect the Police Department to maintain 1,100 - well, one thousand fifty officers and not have a commensurate increase? Mr. Surana: I can explain you those increases. The fringe benefit includes workmen compensation, group insurance and pension costs. In 1988 we reallocated those costs to all the departments. So when you see the increases, those are because of reallocation of those charges, not necessarily reductional increase. Mr. Teele: Let me ask you this as a budget process. Just... Mr. Surana: Let me give you an example, OK, for example pension cost was $25,000,000, OK? And last year, I had a five million in Police Department and 20 million in other department. If I reallocated in '88, four million to police and 21 million to other department so you will see a $1,000,000 increase of that department and $1,000,000 decrease in Police Department. The bottom line is still $25,000,000 so when you see those increases... Mr. Teele: So it's an allocation just spread out across the budget? Mr. Surana: It's because of a location, you see those increases in the small departments because this is of - this year we have reallocated based on different percentage... Mr. Teele: But the police won't have that commensurate increase based on their manpower. Mr. Surana: No, I don't think - no, they did not. Mr. Teele: I beg your pardon? Mr. Surana: No, they did not. Right. Mr. Teele: They will not. Mr. Surana: No, because the certain costs are fixed regardless, like pension cost is a fixed cost for City of Miami regardless of whether we have 4,000 employees or 5,000 employees. All we do, we reallocate their cost based on a certain percentage and that percentage can vary from one year to another year, from department to department. Mr. Teele: I merely use those departments, not as an indication of where an improper increase was going but merely to test the Commission's concern about 217 September 8, 1987 4V whether or not they have an accurate budget before them that is based upon a common sense approach in terms of commensurate increases based upon base salary costs, fringe benefits and costs of living. But let me stipulate that that's the budget process that obviously you all are comfortable with and just ask one precise question of you. Does this budget contemplate 1,100 sworn officers and 369 civilian personnel by the and of FY '887 Mr. Surana: Yes. Mr. Teele: No, let me ask the question again. Let me ask the question again. Does this budget that we're discussing assume 1,100 sworn officers and 369 civilian personnel being on board, full time... Mr. Surana: No, it does not, no, because that will never happen. Mr. Teele: Well... Mr. Surana: That will never happen because you have attrition, you have people retiring, people coming and going in your hiring process. So you never fill your full complement, never. Mr. Teele: But I'm not talking about necessarily - see, one of the problems and I certainly can't change the way this Commission functions, but there is a process and I recognize that the City of Miami has consistently gotten very good awards in the way that the budget is presented, but there's one way to stop the double talk and it's used in virtually every other budget process, it's called FTE, full time equipment. This position stuff is nothing but bureaucratic gobbledygook because you never get - nobody can get a full assessment - I'm speaking to you particularly, Mr. Plummer, of what the positions are unless you're monitoring it on a week to week basis, unless you go to an FTE basis. Mr. Surana: Yes, but we monitor positions every day in the City of Miami, we do. Mr. Teele: Yes, but what I'm saying is your statement to the public says this, this department consist of budget highlights for FY 188. Mr. Surana: Um hum. Mr. Teele: This department consists of 1,469 total positions of which 1,100 are sworn and 369 are civilian personnel. Now, whether or not, I don't care whether you take the picture during the first quarter, second quarter, the first day of the third quarter, or the last day of the fourth quarter, the only question I'm asking is, does this budget really have an anticipation that at some point, or at the end of the fourth quarter of FY '88, you will have 1,100 sworn police officers and 369 civilian personnel because if you're not, it's intellectually dishonest for you to make that type of representation. Mr. Surana: That's your opinion. Mr. Teele: Well, I don't know... Mr. Surana: That's your opinion. Mr. Teele: ...I don't know how anyone could read 1,100 persons in a budget and not assume that you're going to have 1,100 people. Mr. Surana: We have provided funding for 1,100 sworn officers. That is based on that we going to fill x number of officers a period. Mr. Teele: Well, let me ask the question again. Is the statement that this budget contain... Mr. Odio: May I? If what you're asking is, can we hire 1,100 police officers today. Mr. Teele: No, no, that's not what he says, that's not what he says. Mr. Odio: I can tell you my goal is to finish the year with 1,100 police officers. 218 September 8, 1987 9 Mr. Surana: At 9/30/88, the funding has been... Mr. Teele: Excuse toe, the Manager just made a statement which is totally contradictory to the statement you made the first time I asked the question, which was no, you will not get 1,100. Now the Manager is saying... Mr. Surana: No, no, I'm talking about funding, you... OK... Mr. Teele: I would just really like to know one thing. Mr. Surana: All right, what would you like to know? Mr. Teele: Does this budget contemplate that there will be 1,100 sworn officers... Mr. Surana: Yes. Mr. Teele: ... at the end of FY 188? Mr. Surana: At 9/30/88 they should have 1,100 police officer filled and funding has been provided for 1,100 police officer, yes. And that is based on gradual schedule, yes. Mr. Teele: Now that - I will accept that, obviously it's the question really for the Commission to accept, but the real issue here, I think, is one of intellectual honesty in the way the budget process is being delivered because it's very difficult really for anyone, I think, who's reading this to get the impression after hearing the testimony or the discussion... Mr. Surana: I don't think anybody can just look at one page of budget document and understand the whole budget process. Mr. Teele: Well, I can tell you this, I've looked at a few... Mr. Surana: If you want to understand budget process, I'll be glad to sit down with you and explain the whole budget process and what we followed. Mr. Teele: Well, that's very good, let... Mr. Surana: You know, you cannot mix apple and oranges and twist informations. Mr. Teele: Well, I'm not twisting the numbers, these are your numbers. I'm merely reading to you. You are the one who said you weren't going to have 1,100 persons at the end of the year. Mr. Surana: No, I'm talking about funding - all right, let me repeat again, at 9/30/88, we should have 1,100 police officer on work force and funding has been provided for 1,100 police officer. Mr. Teele: OK, then may I ask Chief Dickson regarding the level and quality of service? I mean the ultimate question which really gets to the budget process forgetting the numbers and really at where the rubber meets the road if you will. Now, you have maintained, I think, in words as carefully drawn as I've ever heard any non lawyer draft words, that you can meet the same or, I think your word is similar level of service and I certainly don't want to press you on the point. The point that I want to understand is that the $72,000,000 that you have expended this year is the budget office's estimate of how much you've spent. It's also, I think your testimony that you have approximately 1067 officers, sworn officers right now. Is that... Chief Dickson: Yes, that's correct. Mr. Teele: Now, when you get into the question of civilian personnel, aides and others that are going to be laid off, you've also given the testimony that these officers are going to do this paper work. There was also, I think, a suggestion by the Manager that maybe these persons weren't even necessary. I would like to know based upon your contingency plans that you've drawn there, approximately how many sworn officers will be required to be diverted to do paper work? 219 September 8, 1987 4 Chief Dickson: That will depend, of course, on the situations. It will depend on our ability to combine task, our ability to use our computer systems, our ability to use our program of volunteer civilians, which there is a program such as that. Our ability to recruit in the reserve program, it will depend upon our ability to develop responding programs through grants. It depends on a lot of things that would not allow me to make an accurate prediction on how many sworn people would have to replace civilian personnel if it should come to that. Mr. Teele: Well, I can tell you this, Chief, I wish you had been my budget officer when I had to testify because that's the best answer I think I've heard in about four years. Let's do it this way. Let's assume a best case scenario, let's assume the computer works, you get thousand of volunteers, you get all those reserves that you want, how many sworn officers - all of your scenarios - let's assume the best case scenario, how many sworn officers will it take to do those jobs? Best case. Approximate. Chief Dickson: Again, it's a very difficult question to answer with the exception that there are... Mr. Teele: Well, but you... Chief Dickson: ... some jobs that if civilians had to leave, those jobs would have to be done and those jobs would have to be done by police officers, such as, communication operators... Mr. Teele: But, Chief, you indicated you had a book that you were prepared to go through all of the scenarios. Obviously, that's not going to be convenient nor would the Commission allow it although I think be very insightful. Under a best case scenario, do you estimate it would take ten officers to do the job of the 40-50 people we're talking about laid off or 25 or 57 Or what number? Chief Dickson: Mr. Teele, I, if, if... Mr. Teele: And if the computers worked, if the volunteers came in, if the reservists all came back and FBA volunteered... Chief Dickson: We just went through a scenario of what we call civilianization where we put upward toward maybe somewhere around 60-70 police officers or more from behind desks on the street replaced by civilians. I would say that based on our civilianization program, the discoveries that we made during this transition that if we had to do away with 130 civilian positions, that somewhere along the line, the police officers would be trickled back in to do those jobs as needed. I cannot give you a number or how many that would be. But is it a reality... Mr. Teele: OK, Chief, let me ask you this, to man a mini station, how many additional police will it take to man a mini station seven days a week, 365 days a year? Chief Dickson: We don't - we will be manning the substations with police officers. We don't man mini stations with police officers. We man mini _ stations with PSA's and with civilians when they volunteer. Substations are different stories. Sub -stations must be manned with police officers. Mr. Teele: I made refere - I apologize, did I say mini stations? I meant substations. If we break - if the City Commission and the Mayor are able to break ground again and complete the substation by October of next year, how many - or not break ground... Mayor Suarez: No more ground breakings, we've established that. Mr. Teele: How many men will it take to man the substation, that one substation? Chief Dickson: Our studies are showing it would take about 80 sworn and 30 civilians. Mr. Teele: Well, let... Chief Dickson: Total, that's for the two substations. 220 September 8, 1987 Mr. Teele: So you're saying 40 for one. Chief Dickson: Yes. Mr. Teele: Well, let me do this because, Mr. Mayor and members of the Commission, you've been most generous with the time, the point here is this in summary. According to one set of records, we've got 1067 sworn officers today. The budget officer has said that this budget will get us to 1,100 officers next year, end of VY 188. The budget office has also stated that it's taken $72,000,000 including certain overtime which may or may not be required and other costs which generously, I think, crank in at about 1.5 million dollars or backing it down again to 70.5 million dollars somewhere in there. In effect, you're dollar for dollar at this point in time and at the same time, the Chief has indicated that he's going to have to use sworn officers to carry out the duties of these other persons that are going to be laid off. And at the same time, the Manager has indicated that he's going to take the 1067 to 1100. Now, if you believe all of this plus the statements that we're going to be able to reduce the cost and provide the same or using, I think, the Chief's words generously, similar level of service. What you have, basically, is a situation that is very difficult at best to believe and I don't think that this community is well served but I think, perhaps, Mr. Mayor and members of the Commission and Commissioner Kennedy and Dawkins, in particular - Commissioners Kennedy and Dawkins, in particular, I think the Manager and the Chief certainly are not in my judgment to be blamed at this point; not that blame is due. The fact of the matter is when the issue was called in terms of the budget item 96A or agenda item 96-A, the percentage increase of millage and no one came forward because it was a fait accompli. The fundamental issue here is that this political charade of reducing or rolling back the millage rate potential is going to roll right into 1988, 89, I think it's very clear. In '89 you're going to have to deal with a very tough situation and you've literally put a gun to your head politically by engaging in a rate rollback which is very popular if you're running for office now. Certainly everybody is for the American flag and a reduction in property rates, but it's a cruel hoax and it's a game being played on the taxpayers and on the citizens of this community. Mr. Dawkins: And those of us who got to run in '89. Mr. Teele: And those, unfortunately, will have to run in 189 and I don't think, you know, this dialogue, you know, if anybody doesn't understand what I was trying to get to is by the time you get to 1989, which is FY '88, the end of FY '88, you're going to be looking at a budget somewhere of $75,000,000- $76,000,000. I don't care how you play the numbers. Mr. Odio: OK, can I ask you a question, Mr. Teele. I'm sorry if I sound like I'm mad, but the truth is I'm trying to talk and I can hardly say so I apologize to you if you think I was - it's just that I hardly can talk, really, I'm losing my voice badly. What you're saying, if I understand you correctly is that you're encouraging this City Manager that the best way to go is to keep increasing the millage year after year and no matter what. And I feel very encouraged by having worked very hard so that people like you can come in here and said, what you should really be doing, Mr. Manager, is increasing millage year after year. That's what you're saying. What I'm saying to you now is that I do know the City of Miami and I can assure you Mr. - believe me, I'm not mad, please trust me that, it's just that I'm doing a big effort - what you're saying is what I'm going to tell you now is that if we keep going up with the millage that this City will not be around in 189 - the governor will balance the budget for us. OK and I don't want that to happen as long as I'm here. I have inherited and it's easy to come up with excuses, I am not that type. I am telling you, Mr. Teele that we have to stop this train from going downhill like it was going at full speed and this is the time to do it. And last year was not an election year and we rolled back the millage. Now if you think this millage is a rollback because of political expediences, you are wrong, sir. My philosophy of management is that of cutting and I will continue to do so as long as the Commission where my bosses allow me to do so. Now, I cannot follow your advice. I cannot raise millage this year because then you have to raise it next year again because every time you raise taxes here you compound the error. Mr. Teele: Mr. Manager, I have some limitations, but being able to speak for myself - not being able to speak for myself is not one. First of all, I didn't say any of those things that you said. You know, those are deductions 221 September 8, 1987 S that you have made. I will say this if you want me to make a statement. The statement that I would make is that rolling back the millage rate .24 percent... Mayor Suarez: Two point four percent Mr. Teele: .... 24 percent in one category in terms of the ad valorem and on the debt service, all of which aggregate to .44 percent, creating a so called quote tax savings to the homeowner of $17.00... Mr. Odio: It's more than that, I got $35.00 saved. Mr. Teele: Well, OK, seventeen plus, OK, $35.00 creating a quote savings to the homeowners of $35.00 in 1987 in the City of Miami and having as the effect of that, to cut the level of police protection which any idiot can... hold it. Mr. Odio: No, those are your words. Mr. Teele: These are my words! I said I'll give you a statement! Mr. Odio: OK. Mr. Teele: I can speak for myself! I'll give you a statement! Is the height - is... Mayor Suarez: Go ahead and complete your statement, Mr. Teele. Go ahead and complete your statement. Mr. Teele: ... is the height of political and fiscal irresponsibility in 1987. Mr. Odio: So... Mr. Teele: May I finish my statement because you spoke for me and I'm going to give you the statement that you're looking for! Mr. Odio: OK, OK. Mr. Teele: OK. Mayor Suarez: Let me just say one thing for the record if I may, .24 mills out of approximately 10 is 2.4 percent and that's the figure we've been using but don't say .24 percent because that's not correct. Go ahead. Mr. Teele: No, the rate reduction, the rate reduction is .24 percent. Point 24 percent in ad valorem and it is point... Mr. Odio: Just for clarifi... Mr. Teele: It's a total of .44 percent. Mr. Odio: Just for clarification, please, because I'm trying to understand what you're saying. If it had been 10 percent, it would have been a good cut and it would not have... Mr. Surana: The total millage reduction is 3.8 percent. Mr. Teele: No, that's the percentage of change. Mr. Surana: Total deduction in millage, 3.8 percent. Mayor Suarez: That's what we understand by it. Mr. Teele: Is that the millage reduction or the percentage of change in the reduction? Mr. Surana: Change in millage from one year to another year. Mr. Teele: That's the percentage of change. Mr. Surana: Yes. 222 September 8, 1987 0 F11 Mr. Teele: The total millage reduction is .4693 percent, .4693 percent or less than one half of one mill reduction. Less than one, it's not 3.8, no, no, we ought to be clear on the facts though! Mayor Suarez: 'Yes, one half of one mill, but all right, all right, but half a mill reduction out of approximately 12 mills that we're at combined that service and operating, works out to be about 4 point whatever the figure was that Mano just gave you. Mr. Teele: No, he said about 3.8 percent and I said that's the percentage of reduction. Mayor Suarez: Right. Mr. Teele: The actual percent - the rate of reduction the... Mayor Suarez: No, the millage reduction is point, what is it, total combined? Mr. Teele: Point 46 percent. Mayor Suarez: Point 46 mills. Mrs. Kennedy: Point 46993. Mr. Teele: Point 46 mills, that's right. Point 46... Mayor Suarez: Right and that happens to be a 3.8 percent reduction compared to the existing millage rate which is the way... Mr. Teele: A 3.8 percent reduction compared but it's not 3.8 percent reduction, that's what he said. He said it's a 3.8 percent reduction. Mayor Suarez: All right, I think it's a 3.8 percent reduction, but go ahead. Mr. Teele: In any event, the savings are not real because what you're going to wind up doing is you're going to come back, Mr. Manager, in one year or two years and ask for a millage increase. And if you're saying, and I'd like to hear your response to that because if you're saying for the record that you're not going to ask for a rate increase or restoration of where you were, I think there are going to be two happy Commissioners up there. Mr. Odio: I hope so I get paid to do just that and if I have anything to do with it, I will try with all my heart to cut the millage next year again. Mr. Teele: I didn't hear you give the statement that there will not be a - you will not be back in two years asking to restore or increase the millage rate. Mr. Odio: I cannot say that. Wait, wait, what do you... Mr. Teele: Well, I can say that you will and that's the point that I'm trying to get this Commission to understand. Number one and number two, where the reductions are coming from, based upon the image of this City and based upon the real need for service. Take it for someone who had their office burglarized over this past weekend that's unquote, what do you call it, Chief, a high watch area, a - what do you call... Mr. Dawkins: (Off mike): High crime, high crime. Mr. Teele: No, no, no, no, not a high crime but supposedly under police watch. Chief Dickson: Crime watch. Mr. Teele: A crime watch situation where burglars just walk in, take out all the typewriters, all the computers, etc. you know that this community does not want to reduce its police protection and I say to the Commission respectfully, that if we are going to - if the Commission is obviously boxed in at this point, you've got the millage rate before you, you can only reduce it, please don't do that. Please don't take the reduction out of the Police Department and I'm not suggesting that it should be taken out of any of those departments that I just thumbed through the book and - oh, please, thumbed through the 223 September 8, 1987 book, Lucia, and just happened to pull those out, I'm sorry, I shouldn't have used any of those departments. But the fact of the matter is is it the Police Department is the one area where the people who need the service, the citizens of this community that are in the high crime area need police protection most and it's the one municipal service that we count upon so thank you very much for your courtesy, Mr. Mayor and members of the Commission. Mayor Suarez: Thank you, Mr. Teele, the lawyers can always find work so we're not too worried about them. Mr. Nelson: One last comment. Ken Nelson, president of the F.O.P. To set the record straight we're told that the policeman's salary has gone up 145 percent in the last ten years. Mr. Odio: Oh no, no, no, no, no, no. Mr. Carollo: No, no, the budget... Mr. Plummer: That's not what he said. He said the department. The department. Mr. Nelson: The budget. But I also want to point out in the last ten years that inflation has gone up 100 percent plus. One of the things I want to take issue on as far as the policemen in whether or not they're worth that salary. I can tell you that I have been a policeman for the City of Miami Police Department six years of which approximately four years with street experience. J.L. can tell you because my first hour on the street as a City of Miami policeman, I met him out on the street, the reason being that I was the victim of a crime. I was shot at 19 times with an automatic rifle, my partner was hit in the corner of the eye, the ear and the lip. But that's not the only time I've been shot at, I've been shot at a second time. But that's not the only time my life has been risk endangered, it's been risk endangered hundreds of times, people with guns. I've been in four accidents doing my job as a City of Miami policeman. Four accidents where I've come an inch from being seriously dismembered or losing my life. One of the accidents, I spent three months out in the hospital. Not in the hospital, three months out injured with a broken knee. I've also been through three so-called mini disturbances or riots. I can tell you the policemen are out there and they're earning their salary. They're out there, they want to do the job and they're just asking you to give them the tools and the support that they need to do it. One thing I'd like you to consider is and you heard you're talking zero percent pay and benefits and that's something that will be decided later because I think eventually, you, as Commissioners are going to have to decide that. Ask yourself this one question. How can we tell the people who are out there serving our community that we have nothing to give them when we turn around and there's people in this room here tonight that have gotten $8,000, $5,000, $7,000, and I'm not saying those people didn't deserve it because I'm sure that they've done a very good service to this community but what's good for one should be good for the all and leave it at that. Thank you. Mayor Suarez: Thank you, Ken. Mariano Cruz: I wasn't going to talk on this, but just in case because the way I see it, there won't be any money left for the parks. You know, that's true. I know. Well, for the record, my name is... Mayor Suarez: Wait a minute, wait a minute, you work on Tuesdays. You get Thursdays off by the post office. Mr. Cruz: I worked today. I worked today. Very, maybe, maybe me... Mrs. Kennedy: He changed the day from Thursday to Tuesday so he could come here. Mayor Suarez: What the hell are you doing here on Tuesday? Mr. Cruz: Maybe me and the people here, residents, taxpayers and voters in the City of Miami. I'm one of the few people that are here that not City workers, have a special interest, or do business with the City or something and it costs me one hour on my job overtime, twenty some dollars, to be here, three hours, two hours, or what. I've told you before many times I came here and there were many people out there. I'm teaching them to come here. And 224 September 8, 1987 0 4 many will come, you will see. You will see, they will be coming because that's the way I tell it. We learn the system, we learn how -------- them and we go there. We don't complain in the park there what's going on. We come here now. You will see, we come here. And how many there, raise your hand, all City workers I bet, all of them. I bet, City workers. Mr. Dawkins: Citizens. Mr. Cruz: But we are workers, taxpayers, we live in the City of Miami and you are there to represent us, the City residents, taxpayers, voters, or not, you are there to represent. You are there to represent the policemen or the firemen department, they have the union representative, they got Don Teems for the firemen, they got all of them. You are there to represent us. That when we're here tonight, few and the many, many, many that are out there. But they listen and they vote. Come November, they vote. Don't you worry about, they keep records and they vote. And one thing I'm saying is I want my neighborhood now especially when I see all these money going for the police, all the millions and millions and all that and I say, do not forget the parks. If the police budget has increased 145 percent in the last few years, tell me, what is the percentage increase of the budget for the parks and recreation department in those ten years? Mr. Dawkins: Mano, give Mr. Cruz that - give Mr. Cruz that... Mr. Cruz: What is the figure if the police budget has increased... Mr. Carollo: Very minimum. Mr. Dawkins: No, give him a sheet. Mr. Surana: I'm sorry, what are you asking for? Mr. Dawkins: The sheet of the increase - the one you gave them with the increase. Mr. Surana: Oh, yes, OK. Mr. Cruz: They say that they - you got a 145 percent increase on the police budget. What is the percentage of increase of the parks and recreation department that same time? What is it, five percent? or actual increase? I'm not just the dollars. Mr. Surana: 57%. Mr. Cruz: Fifty-seven percent increase. OK, so less than half. All right so, I mean, it's not just that we spends, the police know it mentions the civilianization program I remember Booze Allen report, Porter Homer, former county man, I was here too. They spent - how much was paid for that study? Mr. Dawkins: $500,000. Mr. Cruz: Bah, a lot of money, you know, nice fee, all of that. You know, they could have run Allapattah Comstock there for ten years and we don't have even a part time employee. We have a part time part timer because he's split between Allapattah Comstock and Moore Park. I mean that's one thing. Now, we have one thing you got to count. If, on police use, I complained about a crack problem that was on 17th Avenue because they're businessmen. People ----------- complained to me and that was months ago and I wrote it myself and give it to Chief Dickson right here, the address. It took a lot of months for them to do anything. Just the other day they started a sting operation there. A few months - no, they sold a lot of crack on those months in between and I gave it to Chief Dickson himself right here in these chambers. I'm not scared of anybody, I don't care about them - I mean the crack people, they don't come here. And there's a lot of problem going on in the, I mean, it's police visibililty. At the same time, the police were using motorcycle officers standing by the intersection of 10 and 36 where there was a traffic sign problem and giving tickets after that fact that the people were sandbagging the intersection. I wrote the letter but many of the people there were complaining, paying the ticket, when you give a ticket, a $54 ticket to a person in retirement, you're taking away a big chunk of that pension, pension or salary whatever. But what happened here too, you're talking about funding for the police. Yes, you got, you can take the New York example, a local 225 September 8, 1987 4 1 income tax for people that work in the City of Miami don't live in the City of Miami. True, they can do that. Do you know how many people we have to service that come to Metro, work in Metro, Metro -Dade there, they don't live in the City. Even the City employees don't live in the... I told the policeman that was giving tickets the reason maybe you work for the City of Miami is because you makes a nice salary here and you get the off duty job that you don't get in Miramar. You don't get the same salary in Miramar and you don't get the off duty jobs that you get in the City of Miami. No, that's reality. I'm talking about - and I got three relatives that work for the City of Miami Police Department. But they don't live in the City, they don't live in the City, Hialeah. And you know, the City pay at most the different captains, commanders, and different chief, they make more money than the Chief of Police of Hialeah. They make more money than my postmaster that have 7,000 employees under him, a lot of them. No, I'm not talking about the Chief. Mr. Dawkins: And they got a free car to take home, your postmaster don't have no free car. Mr. Cruz: That's true. That's true. You know, and also you got to remember now that you're building the housing, well no it is in the papers in Allapattah because I was here today CODEC and the plumbers; nothing, that's just papers.. They still haven't dotted the is and crossed the t, I think. They're still waiting for that surtax money and you know, you got the housing going there. But remember, if you don't get the infrastructure in the community, the amenities, you don't have the parks, you don't have the schools doesn't make any difference what housing you got there. Miami's becoming a City of too poor people or too rich people that can afford to live on Grove Isle and then the other people housing, because the county's don't build the housing in, you know, here and taking City property made out of the tax rolls. And then you rent space to the county for a dollar a year and all that. You service the Metro -Dade and all that more policeman because they have the big building there and all that. We service that with Fire. Rescue and Police Department so one thing that I say, find another thing, you can charge the people that use the parks that don't live in the City of Miami. I pay to the City of Hialeah years ago for my children to use the park of Hialeah because there was no program at Allapattah Comstock. I pay them $100 a year non resident permit to be able to use Babcock Park. I used to play racquetball, now I can go to Jose Marti Park and play racquetball and before there was no racquetball courts at all in the City of Miami. I was not going to talk on this police issue but I thought if I don't do that when we come here especially for the parks issue, our park, I will talk later, there won't be any money left. There won't be any money left for my park. Thank you. Mayor Suarez: Thank you, Mariano. Mr. Dawkins: No, no, no, let's take your parks. OK, we got a motion on the table, we'll take the parks next. Mr. Cruz: I will talk about the park now since - I will talk about specifically to the park, we come. Mr. Dawkins: We've got a motion on the floor though for the Police Department. Ms. Hirai: Yes, sir. Mr. Cruz: Right, well after that... Mr. Dawkins: You stand right there till we finish that. Mr. Cruz: Right. Ms. Hirai: You want me to call the roll, Mr. Mayor? Mayor Suarez: We have a motion and a second and the motion is - what, to restore? Mr. Dawkins: Restore the $3,000,000. Ms. Hirai: Yes. Mr. Dawkins: Unless somebody makes a substitute motion. 226 September 8, 1987 Mayor Suarez: It's got a second? Mr. Plummer% It was seconded for discussion. Mr. Nelson: I thought that was at 3.3. Mayor Suarez: OK, now it's for a vote. Ms. Hirai: No, Commissioner Carollo seconded the motion. Mr. Nelson: Or are we now down to three? Ms. Hirai: It was 3 millions. Mr. Carollo: Excuse me? Mr. Nelson: I thought it was either 3.3 or 3.2 the Commission said. Ms. Hirai: No, 3 million. Mayor Suarez: You want to second it for a vote? No, for a vote. Mr. Plummer: No. Mr. Dawkins: Call the roll. Mayor Suarez: I guess the second is withdrawn for the vote. Mr. Carollo: No, no, no, I second that... Ms. Hirai: It was a motion made by Commissioner Dawkins, seconded by Commissioner Carollo. Mayor Suarez: Oh, I'm sorry. OK, moved and seconded. Is it proper to take that particular item, Madam City Attorney as a separate vote of this Commission? Mrs. Dougherty: Yes, sir. Mayor Suarez: OK, we have a motion and a second. Any discussion? Call the roll. Mr. Plummer: No, no, under discussion. Mr. Mayor, I have hammered the point and I'll continue to hammer the point that it's nice to talk about a reduction and I don't think $35 is going to make me or break me in what I pay in the taxes for my house. I don't know of any business that exists whether you're running a police department or a grocery store or what, that when dollars are tight and they are, there's no question about it, the loss of revenue funds and things of that nature, that you can't readjust your priorities and readjust your budget. I'm going to vote in the negative on this particular item that I seconded the motion. And the reason that I'm going to do it at this particular time is simply because I have not seen, and I think we're entitled to as Arthur said, the Chief's plan of action now how he plans on giving that same level of service with a reduction in his budget. And I think it can be done. I might not agree how he comes to the conclusion but I don't know of any business that can't cut their budget if they have to stay alive and I think really what this Commission should be about is how is that money going to be spent, do we agree, do we concur with the spending of that money? I think the greatest, and I've said this before and I'll continue to say it, the greatest problem that I've got is the $6,000,000 in the Police Department that once those substations are built is going to be a reality and that's six million on regardless of what the figure is the year they're completed. I would ask, Mr. Manager, through you to the Police Chief that every member of this Commission be afforded a copy of what he said that he didn't want to put us through here this evening and for that I'm grateful. But let us have some time to look it over and then we can maybe disagree that, yes, he can live with it or, no, he can't. Or yes, we think that his game plan will work or that we need to maybe talk about the game plan. And maybe at the second Commission meeting or the second hearing of this I might think differently. But as long as the Chief stands at that podium and assures me that, at this particular time, he feels that he can give the same level of service and I 227 September 8, 1987 have the same guarantee from the City Manager, I'm not going to vote to do any increasing at this particular time. Unfortunately, this evening has all been centered around the Police Department. We're not just about the business of a Police Department. Rightfully so, this man is worried about parks and I've attended those meetings. And amazing I find out that in Comstock, the kids up there don't even have a damn water fountain. That's important. We haven't talked about sanitation, that's important. We're a city of many facets and I think we've got to talk about more than just the police department and, granted, it's important. There is no question. To the image of this City, to the reality of what we face day in and day out. But I'm just as concerned about the other departments and I think we've got to be and I think the only way we can address that is fully knowing that our dollars are short, they're going to get shorter and we've got that one bomb that's going to hit us, not next year, but the year after and we'd better start preparing for it. And if you don't prepare for it, we are going to be in a tailspin that won't be just a downgrade of service, it's going to be a tailspin and a dive bombing of service. So what I'm saying is, that the motion being called now to increase this budget back up to the dollar number of what it was last year, I will have to vote against until I have had the opportunity to read over the so called game plan of the Police Chief, agree or disagree and then I will make my decision on a second vote. Thank you, Mr. Mayor. Mayor Suarez: Any further discussion? Mrs. Kennedy: Let me just say because I was out of the room for a moment. I guess we're ready to vote on the motion now. I'm not sure I'm buying this but, and I also understand how everybody is concerned about the safety and rightly so, but the Chief has gone on record saying that he can live with this budget. I hope that based on that decision, I'm making the right vote because I expect the same level of services. Mayor Suarez: Call the roll. Thereupon motion duly made by Commissioner Dawkins and seconded by Commissioner Carollo, the preceding motion failed by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins NOES: Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez ABSENT: None. COMMENTS DURING ROLL: Mr. Plummer: The motion is to restore? Ms. Hirai: Yes, sir. Mr. Plummer: At this time I vote no. COMMENTS MADE AFTER ROLL CALL: Mr. Dawkins: Let me say. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: That nobody up here is more concerned than the other about the welfare of the total Miami. I've been yelling and screaming ever since I've been here that we never have enough money for parks and I'm glad to see that we're bringing other individuals down here because had you been here when the power structure, known as the Downtown Chamber of Commerce decided that they wanted one ... three police every thousand people and forced this Commission with no backbone to lay off people in the parks and recreation department and put on extra police and that's why you don't have nobody out there now and it's all because you and you were not here when the - I mean those people behind you - when the power structure unquote is here. So tonight is a very important meeting for all of us because now we're beginning to see the process, come down and get involved and what have you. I've said before and I'm going to say now, we need money in parks because we need people, we need 228 September 8, 1987 equipment, we need parks brought up to date, we need more money in sanitation, we need the fire department, as J.L. said, it's a whole thing that's needed but you and your tax dollars tell us what to do and if we don't see you, then we don't know what to do. Mr. Carollo: This resolution of intent that this Commission goes on record instructing the administration that it is their intent that we have 40-50 additional new sworn uniformed police officers; 40-50 per year for the next five years. Mr. Plummer: I seconded that motion and I'll still vote favorable on that item. Mayor Suarez: So moved and seconded. It's a resolution of intent that that's the intent that we hope to take or plan to take in the next five years. Mr. Carollo: Forty to fifty per year beginning the next fiscal year. Mayor Suarez: You said five years, right? Mr. Carollo: Yes, the next fiscal year. Mayor Suarez: Any discussion? Mr. Dawkins: OK, how long does it take to get a recruit through the institute? Mr. Plummer: Thirteen weeks. Mr. Dawkins: Beg pardon? Mr. Carollo: How many weeks is the academy now? Mr. Plummer: Thirteen. Mr. Plummer: Twenty in the... Mr. Dawkins: Huh? How many, Chief? Mr. Plummer: No, how many weeks? Mr. Carollo: How many months do we have in the academy? Mr. Plummer: Thirteen weeks. Chief Dickson: By the time, excuse me, it will take eighteen months from the time he's recruited to the time he finishes probation and on the street on his own. Mr. Dawkins: Eighteen months? Chief Dickson: Yes. Mr. Dawkins: So we're talking about two years. So you're talking about 50 policemen two months, you're talking about adding 12, 20, - 12.5 policemen per class, is that what you're talking? I mean, see, I want to be sure that what you're telling me is realistic. Mr. Plummer: To add 50 policemen you have got to hire or put into the academy every year approximately 110. Mr. Nelson: That's correct. Mrs. Kennedy: Is that realistic? Chief Dickson: You have to take attrition into consideration. Mr. Plummer: Your attrition, from whatever reason, is about 5 average per month, so that's sixty. Put on 50 new ones and make up the sixty deficit, you've got to put 110 through the academy, roughly. 229 September 8, 1987 Mr. Dawkins: But you see, Joe is saying, add fifty new ones and now you're telling me about attrition to that's fifty owned to attrition... Mr. Plummer: But that's not... but that's not... Mr. Nelson: Which is about 60 per year. Mr. Dawkins: All right, OK. Mr. Plummer: Excuse me, Commissioner, that is still - those 60 are budgeted positions because you don't know when they're going to retire, OK? That's an average of over the year. So it's till budgeted positions. What Joe is speaking to is 50 new budgeted positions. See, let me tell you. You know, people are so soon to forget and I'm not speaking to you, but, you know, ten years ago when we were doing recruiting for the Police Department for every four we recruited we got one in the academy with about a 90% graduation rate. Today, we are recruiting 16 to get one in the academy with about a 65 or 70% graduation rate and, Commissioner, I want to tell you, if you look at the cost factors of jumping from 4 to 16, to go through the background checks, to go through the medical checks, to go through the drug test, to go through all of those tests, I would venture to say that that figure is complete in excess of $1,000,000. Mr. Dawkins: Let's start the drug test first before we do anything and we'll save a lot of money. Mr. Plummer: Well, you see, I've said that along the way. Mr. Dawkins: Let's do the drug test first. Mr. Plummer: Do the test that they're most likely to fail and you don't have to continue to put them through. The background checks that you have to go through on these things, they're very very expen... you've got what, Chief, about six men - six sworn officers doing background checks? The last time I check there were. Fourteen. Fourteen sworn officers that are doing nothing but background checks of trying to get these people into the academy. Now, fourteen police officers represents roughly, $600,000 under today's conditions and that's where you're getting these numbers that are just blowing you out of the saddle. Mr. Dawkins: OK, can we just get to the - one of these sanitation or recreation budgets because 10:17; it'll be midnight shortly. Mr. Carollo: Let's vote on that question. Mr. Plummer: Call the question that Joe proffered. Mr. Dawkins: Call the question. Mayor Suarez: Call the roll on that motion. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-840 A RESOLUTION EXPRESSING THE INTENT OF THE CITY COMMISSION THAT OVER THE NEXT FIVE YEARS THE CITY INCREASE THE NUMBER OF ITS SWORN POLICE OFFICERS AT THE RATE OF 40-50 OFFICERS PER YEAR BEGINNING IN FISCAL YEAR 1987-88. (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- 230 September 8, 1987 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: I'm going to ask two things more of the Police Department, then I'll quit. Number one, I've asked, Chief, that you supply us with that game plan that you have. OK, second of all, Chief, if in fact your budget were to be restored the $3,000,000, what would have to give otherwise? OK? It's an interesting question because something's got to give. Now, whether or not it's going to be in the Police Department or in your Parks Department or in his Sanitation Department, if we take it from one place or we give it to one place, we got to take it from another. It's the old theory of rob Peter to pay Paul. Mr. Manager, I guess I'm really asking it of you. What is going to have to give to take and give that $3,000,000 to the Police Department? Mr. Dawkins: Well, I prefaced my statement when I first made it about the $3,000,000 that if it had to come from Recreation or Sanitation, it would not have my vote. Now, I've said that and I'll say it again on the record. Mr. Plummer: My vote agreed with you. Mr. Dawkins: Can we now do a - are you finished yet? Mr. Plummer: I'm finished, sir. Mr. Dawkins: Mr. Mayor, can we do a... Parks Department, sir. Mr. Cruz: Right, for the parks, OK. For the record, my name is Mariano Cruz. I live at 1227 N. W. 26th Street, neighborhood Allapattah, City of Miami. And with me, eh? Mayor Suarez: Now, don't forget you told us quite a bit about the Parks Department in your prior remarks, so try not to be repetitive, Mariano. Mr. Cruz: I what? Mr. Dawkins: Try not to be redundant, he says. Mr. Plummer: Don't repeat yourself. Mr. Cruz: No, I know, I don't going to repeat myself. Well somebody else repeating self for twenty times and you do the same thing, right. Mayor Suarez: Well, it's OK, that happens... Mr. Cruz: I know it's late. And we have to go to work tomorrow. Well, with me, a group of parents from Allapattah, you know that... from Comstock, they were not here last year but they're here tonight and we're concerned about the suggestion of the City Manager of cutting whatever is little is, I don't know, mean the bone only, so there's nothing left of the parks program. Because Allapattah Comstock never had a park program to start with. And don't tell me there is no money because when I was here last year they told me there was no money for the parks. Well, then all of a sudden, they got brand new police cruisers, the whole thing and they came out - I was here when they vote for the police, for the new money for the police cruiser, Ron Williams, everybody was... and that, a full time employee doesn't take that much money there. What we're asking now for, I mean, getting back to the point is we ask for full time employees at Allapattah Comstock that will work out the program and in a way we need the park open with employees from 8:00 a.m. to 9:00 p.m. To have one employee from eight in the morning to 5:00 p.m. then the overlapping employee from 12 noon to 9:00 p.m. Same thing on weekends. And, you know, that comes to 112 hours a week with two main full time employees that one that work 40, 80 hours; two part time, mean 32 hours on Saturday and Sunday. That's 112 hours. A 112 hours a week is less money that maybe like Mr. Howard Rasmussen is getting paid. It's a new position created as assistant to the chief and that's less money than 112 hours in that Park Department weekly. 231 September 8, 1987 Because 112 hours the way what they pay when you got part timers they pay $5.00 an hour and other people pay is - and that's the number, 112 hours. Don't even come at $10.00 an hour with the benefits and everything because the part timers don't get any benefits, right? Do they get any benefits, part timers? Right, don't get any benefits. So that's it, straight $5.00 they take FICA and the withholding tax and that's it and 112 hours that's $10 an hour, that's too touch, that's $1,000 a week - not even $60,000 a year. I bet, in that position created for Mr. Rasmussen that's created because that was not there, no that's deputy assistant chief, whatever, that's a lot of money. That's less money than it takes to run Allapattah Comstock. Now, if we go to other before, the problem that we got with the police what the settlement of the City got with the motorcade remember, the grand way and the video-cade and all of that, cost us a lot more money than it will cost to run Allapattah Comstock for twenty years. So, I mean, the reason we are here and we pay those taxes. We pay the taxes that make possible the police and the services and we pay the taxes. But we want to have a voice where tax monies are used. And we want also our tax monies not to be used only in a different service We need the park for the children because it does the ounce of prevention that's worth tons of cure later on because you have to get them when it's early, when it costs little and when there is hope. Not when it's late too costly and it's hopeless. And you know in our neighborhood, you come and you drive around the City and the County, especially the County and the State has spent millions and millions of dollars in jails and the different department in other, public safety, the courts and all that and when you walk around, you see how little being spent in the parks. You think how much money is spent in retribution and how little on prevention and that's what it's all about. And we are not going to eliminate crime. If we cannot live without, we can control it, do something. But we have to take a different approach too. Is not by building more jails and putting more police on the corner. I don't like to live in a police state myself. And talking about police, we need too in a way because I don't see any more the police cruiser stopping at Allapattah Comstock and writing the report there. We need police visibility because I see that police visibility when I go in Biscayne Park. I work on Biscayne Park, Miami Shores. I see the visibility there of the policemen. Well, maybe they doing something but they should park at our park and write the police report. And you think, I don't think that we need - better use of the police, maximize the police use and you will see you don't have some and then the money, the most important thing that we came here tonight is the money for the park. We have spent hours here waiting and we took hours from our jobs to be here tonight. And that's double taxation because we come here, we don't make money and we pay taxes. So we lose the money for being here and that's something that's the City I see, the parks, like Allapattah. The only time is they wait till somethings broken to fix it. Why come they don't do preventive maintenance but otherwise we have the same problem that we had before in Allapattah Comstock. The nice physical plan for parks for people, urban grants and the whole thing and then we don't have any problems or any maintenance in the park. We need now the issues coming about the millions of dollars for the parks now the matching fund with Bayfront Park but we don't do anything by having the physical plant if we don't have the program and the employees there and the regular maintenance of the park. Because it would happen the same thing that before. The park everything destroy. All right, that's all... Mr. Dawkins: OK, go right ahead, sir. Mr. Willy Nunez: My name is Willy Nunez. I live on 28th, 1852 N. W. 22nd Avenue, Miami, Allapattah. I am a volunteer of the park, Comstock Park in Allapattah too. I am the manager of the little leagues of baseball team. We play baseball every Sunday and Saturday in the Allapattah Comstock Park. I wanted to explain to this Commission about the needs of the Comstock Park, about the maintenance - my English is not very well by the way, I try. INAUDIBLE COMMENT. Mr. Nunez: OK, we want these park, Comstock Park to stay open about 12 or 13 hours a day because this park is in our community, everyday is increasing more and Latin people live there and blacks peoples too. Everyday there are more and more and more and children go inside to the park for that we need attention to this park, employers take care about the park for take care of all the little kids, the children going to play in the park. We wanted the park to stay open seven days a week with two employers full time every day. Monday through Friday can be two employer; one open for example at 8 o'clock 232 September 8, 1987 It a in the morning and the other one close at nine o'clock. Two of them can working 8 hours every day. These two employers take about 80 hours a week and two employers more on the weekend is part time, only two of them is working only 16 hours. The City of Miami spend about 112 hours for paid the employer in this park but I think is a good inversion for the community. Is a good inversion for to take care of all the little children living in this area. Is important for to take care of all the bathrooms - the bathrooms are closed every time. We are playing baseball, we watch some people make necessary outside. Mr. Dawkins: Urinate outside, yes. Mr. Nunez: Yes, outside. And I'm watching too ------- watching women too making do that, yes. This is whole point in this night here be front this honorable Commission. You take care of Comstock park in Allapattah, we appreciate you make something about all park. Thank you. Mayor Suarez: Thank you for your statement. Mr. Dawkins: All right, before you sit down, I need to know two things from you. You are the baseball coach? Mr. Nunez: Yes, sir. Mr. Dawkins: How are the infields? The clay. Mr. Nunez: OK, the play the infield is OK. Mr. Dawkins: It's been reworked and you got fresh clay? Mr. Nunez: Yes, it's clean. But we no have a light, no water. Mr. Dawkins: No, no, no, no. OK? Is it soft or is it hard like this? Mr. Nunez: No, is OK right now, they fix it. Mr. Dawkins: They fixed it? Mr. Nunez: Yes, sir. Mr. Dawkins: OK. The other thing is, who marked the fields? The foul line and the home plate. Who do that? Mr. Nunez: No, the park in the last two month is OK because we put some pressure on to the City for fixing these parks and now is OK. We no have any complaint about the field. Mr. Dawkins: OK, but you need bathrooms and you want the place open seven days a week? Mr. Nunez: Yes, sir. Mr. Dawkins: All right, and two people is going to be sufficient to take care of the crowd. Mr. Nunez: Yes, one, for example, for the office and the other one for the maintenance of the grounds. Mr. Dawkins: OK, all right now, Mr. Manager... Mr. Nunez: And I take care of that about the week -end have to before park was fixing all of them, we need water in the field because the water is about 500 meters... Mr. Dawkins: Yards, yards. Mr. Nunez: Yards, you know, is - when the kids go to take water right there last night in the last meeting in the park recreation, one of them was talking about, he said when he go to take a drink of water, when he returns back, he's tired. That was very funny last meeting of the Commission with the parks. We wanted you to take care of while we put in a water fountain together in this infield around one of these dugouts something like that. 233 September 8, 1987 S. # Mrs. Kennedy: Mr. Manager... Mr. Dawkins: Mr. Manager, is it any way... Thank you, sir. Mr. Nunez: Thank you. Mayor Suarez: Thank you for your statement. Mr. Dawkins: Is it any way to use the drug money that's confiscated or the, what is it, law enforcement money for crime prevention. Mr. Odio: If it's used for crime prevention, yes, sir. Mr. Dawkins: OK, well, putting programs in the parks with youth will prevent a lot of drug use and a lot of crime because we're giving them something constructive to do. Now, we've heard from Range Park, Clemente Park, now we've hearing from Comstock Park that we don't have programs and you know we don't have the money in the general fund. Mr. Odio: Sir, I asked for a ruling about a month ago on the boxing program and there is a questionable situation. Mr. Dawkins: Yes, but - it's OK, but, I mean what if... Mayor Suarez: Well, if it's a question - if there's a question, we want to come down on the side of trying to use the funds. Mr. Odio: It's questionable. Mr. Dawkins: Here all right, look, sometimes you have to be, I mean, you got to do what you have to do. Mayor Suarez: That's right. Mr. Dawkins: So if we can use confiscated drug money to fight drugs, then every kid who play baseball, everyone, ten minutes out of the day, the coach have to tell him about drugs. Mayor Suarez: At the level of prevention. Mr. Dawkins: That's a drug - and then let him play ball the rest of the afternoon. Mayor Suarez: Right. Mr. Dawkins: That's right. Mr. Odio: For instance... Mayor Suarez: We fight it at the level of prevention. We give them a ten minute speech before the beginning of the baseball game. Mrs. Kennedy: That's a great idea. Mr. Dawkins: And then let them play. And then we should be able to get some of that money into our parks to... Mr. Odio: There was a program that we tried to fund from the law enforcement which was the old pro with Neal Colzie and I was turned down. The law department ruled that I couldn't do it and it... Mayor Suarez: Turned down by whom, I'm sorry? Mrs. Dougherty: The law department. Mr. Odio: Law, so unless you cannot have a better program than that one for drug enforcement... Mayor Suarez: That's the department with all the high salaries as we heard a little while ago. 234 September 8, 1987 Mr. Plummer: This one in the 14 percent increase. Mrs. Dougherty: That's right. Mayor Suarez: I would, I... Mrs. Dougherty: No, that was one in which they were trying to fix up the entire park by using forfeiture funds because they were having a program in it. Mayor Suarez: Realistically... Mrs. Dougherty: The funds have to be spent for that particular entity. Mayor Suarez: Realistically, as the Commissioner, as Commissioner Dawkins has proposed it, you're talking about a small session of drug orientation information education, whatever, prior to every sports activity. Mr. Dawkins: And then, you know, we give... Mayor Suarez: That's the way you get them out there and that's the way you get them to listen. Mr. Dawkins: We're talking about baseball, there's nothing that says that we can't have a girls softball team and give the girls that same thing. Mayor Suarez: You got it. Mrs. Kennedy: That's right. Mr. Dawkins: I mean... Mayor Suarez: What do you think of that, Madam City Attorney? Mr. Dawkins: You know, then we've got the park being used, we've got the youngsters in a controlled situation and we've got trained people, recreation people working with them. Mayor Suarez: I'd like to see a written opinion on that prior to the second reading. Mrs. Kennedy: I like it. You know what we also... Mayor Suarez: Because we may be able to create a little budget for that or not so little budget. Mrs. Kennedy: You know, Mr. Manager, what we also need is a five year projection on the park improvements. Now that we're getting all this money, OK? Mr. Odio: Yes, yes, that's a good idea. Mr. Dawkins: OK, sanitation. Joe, you guys are doing a good job. The streets are clean but you got $2,000 worth of equipment, $200,000 worth of equipment sitting over there doing nothing. You have not began to pick up the garbage in Bayside and I was just told you are going to begin to pick up the garbage at the Marine Stadium. Mr. Joe Ingraham: What's the question? Mr. Dawkins: My question is have you bought all of the uniforms budgeted for this year? Mr. Ingraham: Yes, we have. Mr. Dawkins: Have you spent all the money that was in the budget, 86-87 budget? Mr. Ingraham: Yes, we have. Mr. Dawkins: I have no further questions. What you got, brother Bill? 235 September 8, 1987 Mr. Bill Smith: My name is Bill Smith, the executive director of Sanitation Employees Association. Let me start by saying that everybody in the City of Miami do not come in contact with the Fire Department. I can also say that everybody in the City of Miami do not come in contact with the Police Department. Mr. Plummer: Thank God. Mr. Smith: But everybody in the City of Miami has garbage. North, east, south, or west, we all have garbage. If I go back twelve years ago, I can tell you that the solid waste department was the largest department within the City. I can also tell you twelve years ago that this department picked up everything in the downtown CBD. Now, this department has less than 420 people in it, the population has increased, the workload has gotten heavier and today we're still behind the times. Everyone talks about a shortage of money. No one tried to figure out how to get money. This Commission last year passed a new chapter 22 which says that all new construction in the City of Miami will be picked up by solid waste. I need to know, from last year to this year, how many new construction have we picked up? To my best knowledge, none. I mean, there's no sense in this City, being tight as it is on money and there's money in garbage and we're not trying to get it. I think this Commission needs to go on record to do whatever it can to make the solid waste department self sustaining. That be by, when the pot is full it was all right to share. Now that the pot is almost bare, I got to take back what I used to give away. Which means that we must now begin to do the business that we have to do and that is, pick up the garbage. It does not cost you manpower to start, in the long run and will do. I think in two or three years if this Commission really enforced chapter 22, we can then become self sustaining and the 30 million or 31 million dollars that we're now taking out of the general fund will not have to come out it. But you have to make that decision. We don't even have uniforms that we were supposed to get this year in January, we got this year, September. We don't have the right equipment, I mean, nothing has happened in solid waste, it's standing still. We've always suffered at the hands of police and fire. I've been here, Mr. Plummer, you've been here, I can't say the same for the Mayor and Rosario, Joe has been here for a while and we have suffered. And I think it's about time that we quit suffering. I think it's about time that we looked at the solid waste department as we do any other major department in this City and give it the support it needs from this Commission and help take the strain off the single family homeowner. I mean, we go down Grand Avenue, this year we lost another, matter of fact that whole street from our Douglas Road all the way to 32nd. We used to pick up the garbage there. That's now gone to private, you know. We're not gaining business, we're losing business. Mayor Suarez: Let me ask Joe a question. Mr. Ingraham. He made a point about new construction and I remember the figures being that we have $200,000,000 of new construction in the City of Miami going on line into our tax rolls. Are you aware of - or can you tell me what efforts we are making to solicit those new commercial projects, I presume most of that is commercial, not residential - those new commercial projects for participating in the City's solid waste removal system. In other words, using our system? Do we have any linkage, do we have any automatic way of knowing and making an approach and trying to convince them to use our system? And has it been successful? Mr. Ingraham: Relative to the success, I think, Mr. Mayor that is yet to be seen as far as the methodology is concerned. The mechanism is there and it's laid out in chapter 22. Mayor Suarez: Well, I mean, specifically, have we gotten any new projects to come on line taking advantage of our solid waste removal system. Mr. Ingraham: Specifically, we, along with the law department are about to complete a document where we can initiate that to utilize the equipment that Mr. Smith eludes to at Bayside. Mr. Dawkins: Hold it, hold it, hold it, hold it. Madam City Attorney, what did you tell me about the agreement for Bayside? Mrs. Dougherty: It'd be ready today. Mr. Dawkins: Ma'am? 236 September 8, 1987 Mrs. Dougherty: It will be ready today. It is ready today. Mr. Dawkins: We got exactly one hour and twenty minutes for today. Mrs. Dougherty: It's ready. It is ready. It's done. Mr. Dawkins: Ma'am? Mrs. Dougherty: It's done. It's right in his little hand. Mr. Plummer: What do you mean, little hand? Mrs. Dougherty: Big hand. Mr. Dawkins: All right, when are we going to sign it, Joe? Mr. Ingraham: We're going to sign it as soon as the law department has an opportunity to look... Mr. Dawkins: The law department say she... hold it, what's wrong with it, Lucia? Mrs. Dougherty: I don't know. Mr. Ingraham: If you, here it is - she doesn't know, sir, because she hasn't seen the changes that I've made in it to make it sufficient for the City of Miami. Mr. Dawkins: Mr. Manager, Mr. Manager, Mr. Manager. Mrs. Dougherty: At any rate, it does not have to go back to you. Mr. Dawkins: Mr. Manager. Mr. Manager. Mrs. Dougherty: It will be... Mr. Dawkins: In the event that this is not signed and delivered on Monday at the next Commission I'm going to make a motion to fire you. OK, if I get three votes, you gone. OK, no you don't get no severance pay, no, don't get nothing. OK. Mr. Ingraham: No, don't sign that. Don't sign that, whatever you do. Mayor Suarez: OK, anything else, Bill? Mr. Smith: That's only one item, you know. Mayor Suarez: Yes, I never did get an answer to my question on any other projects or to your question really that I... Mr. Ingraham: I'm prepared to answer, sir, given the opportunity. Mayor Suarez: Well, be prepared to answer prior to the next hearing. Mr. Ingraham: I can answer right now, sir. Mayor Suarez: You are? Mr. Ingraham: Yes, sir. Mayor Suarez: Oh, I'm sorry, go ahead. Mr. Ingraham: As far as the methodology is concerned in reference to the solicitation of commercial endeavors, that is specifically laid out in chapter 22. Mayor Suarez: No, no, no, I don't want to hear about methodology. Joe, I want to hear, did we grab any of those new... Mr. Ingraham: No, but let me... let me say to you... 237 September 8, 1987 Mayor Suarez: We didn't have the ordinance ready, is that the problem? Mr. Ingraham: We did not, as I stand here today, we just received the final draft from the law department today... Mayor Suarez: On the fee schedule and the whole bit. Mr. Ingraham: . that was passed previously by the Commission. It is just a matter of sitting down, negotiating and signing a contract with Bayside in reference to that one particular endeavor. Mayor Suarez: Well, but we've heard on Bayside. What about any other pro... Mr. Ingraham: As far as the others are concerned? Mayor Suarez: Yes. Mr. Ingraham: We have, within the department of solid waste acquired personnel, we have a schedule in reference to lease and property management of the City of Miami based on what's been passed by this Commission to pursue those City owned properties that is underway when their contracts... Mayor Suarez: Not City owned properties, new, private construction. Have we gotten any of the new projects to use our pickup system? Mr. Ingraham: As of to date, no. Mr. Plummer (Off mike): How long has the new 22 been in effect? Mr. Ingraham: In reference to what element of chapter 22, the... Mr. Plummer (Off mike): The forcing of the downtown people to use the City. Mr. Ingraham: It's been approximately a year. Mr. Smith: It's been one year. Mr. Plummer (Off mike): You're saying that as of one year, it's still not being put to the... Mr. Smith: It's been asleep. No one has done nothing about it. Mr. Ingraham: Well, that's a matter... Mr. Plummer (Off mike): In other words, the question is, you anticipated with this new ordinance... Mr. Ingraham: Yes. Mr. Plummer (Off mike): ... X number of dollars in revenue. Now this thing has been into effective law for one year and you're telling us as of today - or you told the Mayor - that the first one has not yet been implemented. The next question has to be, why? Mr. Ingraham: Well, until recently, sir, we didn't have the equipment to provide the service. That equipment has just recently been acquired, sir. Mr. Plummer: What equipment is necessary to do it? Because I'll tell you, I'm hearing, Joe, that we're going to buy so much equipment we're not going to even make any money off of this deal. I mean, the equipment is the trucks and the trucks are sitting over there now vacant. Now, you know, what are you telling me that it takes special equipment? Mr. Ingraham: Are you finished with your question, sir? Mr. Plummer: Yes, I'm waiting for my answer. Mr. Ingraham: The equipment that the City of Miami has utilized prior to my arriving as the director of the department of solid waste, was basically for residential collection. We had trucks also modified with winches on the back to pick up bins. The City of Miami today do not have front loaders that are used in the norm of the solid waste industry. We have... 238 September 8, 1987 i. C Mayor Suarez: We don't have any, Joe, at all? Mr. Ingraham: No, sir, we do not We just acquired two roll off units, two tractor trailers and two units so that we could initiate that type of endeavor. There is a laundry list of needs that we would have in reference to engaging in that particular endeavor. You cannot do it with the commercial type equipment that we have and we're in the process of acquiring what we need starting with those two units that we haven't had today. Mr. Plummer: How much equipment are you going to have to buy to implement that in the downtown area? Mr. Carollo: J.L., can't we handle this the second reading? Mr. Plummer: Fine. Mr. Kennedy: Good idea. Mayor Suarez: Why don't we take a vote on first reading and try to get some of these questions answered prior to second reading? Mr. Smith: Well, can you - can I come up first then on second reading since you've cutted me short? Mayor Suarez: Yes, yes, yes, yes, yes, yes. Mrs. Kennedy: Yes. Mr. Carollo: Sanitation will be first, Bill. Mr. Dawkins: Maybe. Mr. Carollo: Sanitation will be first. Mayor Suarez: I'll entertain a motion on... Mr. Carollo: The last shall be first and the first shall be last. Mayor Suarez: What's the item, exactly? Mr. Plummer: Ninety-eight. Mayor Suarez: Ninety-eight. First reading of the amended City tentative budget. Mr. Plummer: But we didn't make any amendment. Mrs. Kennedy: I move it. Mayor Suarez: Moved. Mr. Dawkins (Off mike): Sanitation first, Fire Department second, Police Department third. Parks and Recreation... Mayor Suarez: We have a motion, do we have a second? Mr. Dawkins (Off mike): Yes. Mayor Suarez: Seconded. Any discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1988; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote- 239 September 8, 1987 AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS DURING ROLL CALL: Ms. Hirai: Mr. Carollo, no? Mr. Carollo: This is 98. Ms. Hirai: Yes, sir. Mr. Carollo: Approving the budget. Ms. Hirai: On first reading, appropriations. Mr. Carollo: No. ------------------------------------------------------------------------------ 81. FIRST READING ORDINANCE: MILLAGE FOR DOWNTOWN DEVELOPMENT AUTHORITY ------------------------------------------------------------------------------ Mayor Suarez: The last presentation is D.D.A. Mr. Plummer: No, we got 99, right? Mr. Roy Kenzie: Ninety-nine is D.D.A. Mrs. Dougherty: That's a discussion. Mayor Suarez: That's discussion. It's a discussion. Mr. Kenzie: No, no, it's a discussion of the proposed millage rate and tentative budget of the Downtown Development Authority. First, item A is the proposed increase in millage over the rollback rate which is 9/10ths of 1 percent. The specific purpose of which the ad valorem tax revenues are being increased is for capital improvements programs and street beautification of $12,209. The rollback rate is .4955, the millage rate which we are charging is the same as last year, which is .5. Mr. Carollo: OK, is there a motion? Mayor Suarez: I'll entertain a motion. Mrs. Kennedy: There's no significant change from.... Mr. Plummer: Whoa, whoa, whoa, whoa, whoa. How do you come up with a twelve thousand increase because last year you had a deficit of about $600,000. Right? Mr. Kenzie: No, sir. Mr. Plummer: What was your deficit last year? Mr. Kenzie: We didn't have a deficit last year. Mr. Plummer: Well, excuse me, what was your total budget down last year? Mr. Kenzie: Our total budget last year in FY '87 was $1,346,992 of which the Commission escrowed $291,593. 240 September 8, 1987 i ri Mr. Plummer: I'm talking to the increase this year over last. Mr. Kenzie: Increase this year over last year, is $27,592. Mr. Plummer: All right, all right. Mrs. Kennedy: It's basically the same budget as last year. Mr. Kenzie: It's basically the same budget as last year, there's a $27,000 increase. Mayor Suarez: But you're including picking up a couple of planners from the City, aren't you? Mr. Kenzie: Well, I'm spending of the budget this year I'm spending $180,000 on three planning positions in the city planning department. Mr. Dawkins: Which I have a problem with. OK? Now, I sit up here and jump on Mr. McKenzie and Mr. Roger Carlton for not having black people and other minorities in his department. Now, the City of Miami through its infinite wisdom, goes and has three people, three minorities on the City of Miami's payroll and has Mr. Roy Kenzie fund them. See, if Mr. Roy Kenzie could keep his own money and the City of Miami would fund its own people, then I could be raising hell with Mr. McKenzie for not having any minorities. So it's very unjust, in my opinion for us to force Mr. McKenzie... Mr. Plummer: Hummm? Mrs. Dougherty: ------ are you listening? Mr. Plummer: Yes. Mr. Dawkins: ... to take the black and the Latin who we want hired in the planning department where there are none and have him fund them. Now, that's unfair. Mr. Plummer: Unfair to who? Mr. Dawkins: To me. Mr. Carollo: I agree with all of you, shall can we vote on this and let's go. Mr. Dawkins: OK. Mr. Plummer: What are you going to do, turn this budget down? Mr. Dawkins: I can't blame him, J.L. I cannot do this to him. Mr. Plummer: Go on. Mayor Suarez: I'll entertain a motion on it and I'm going to want some answers on the same questions prior to the second reading. Mrs. Kennedy: OK, I move it on first reading. Mr. Plummer: What you're saying is, we're going to let him slide tonight? Mr. Dawkins: Yes, yes. Mr. Kenzie: The increase in my budget is $27,592. Mr. Carollo (Off mike): How much of an increase in your millage in there? Mr. Kenzie: The millage is the same, .5 mills. Mr. Carollo: The millage is the same? Mr. Kenzie: Yes. Mr. Plummer: It's got to stay the same. I'm still wondering where - am I off base that last year you got a funding from Off -Street Parking Authority? 241 September 8, 1987 Mr. Kenzie: No, that was the year before. Mr. Plummer: That was the year before. Mayor Suarez: Yes, last year we managed to get the one year permission from the legislature for the millage. Mr. Plummer: You got a one year sunset, OK. Mr. Kenzie: Last year we got it through and you escrowed the increase. Mr. Plummer: Yes, OK. Mr. Kenzie: The first item we have to do is the approval of the millage rate. Mayor Suarez: That's what we got a motion on. Mr. Dawkins (Off mike): Did we adjourn? Mayor Suarez: No, almost. I'll second it so we can move on this thing. Mr. Plummer: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION, FIXING THE MILLAGE AND LEVYING TAXES IN THE DOWNTOWN DEVELOPMENT DISTRICT LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1987, AND ENDING SEPTEMBER 30, 1988, FIXING THE MILLAGE AT FIVE TENTHS (.5) MILLS ON THE DOLLAR OF THE NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT AND PROVIDING THAT THE SAID MILLAGE AND THE TAXES LEVIED HEREIN SHALL BE IN ADDITION TO THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI, WHICH IS CONTAINED IN THE GENERAL APPROPRIATION ORDINANCE FOR THE AFORESAID FISCAL YEAR AS REQUIRED BY SECTION 30 OF THE CITY CHARTER; PROVIDING THAT THE FIXING OF THE MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS FOR IMPROVEMENTS IMPOSED BY THE CITY COMMISSION OF THE CITY OF MIAMI WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI; PROVIDED THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1987 AND ENDING SEPTEMBER 30, 1988, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION HERETO; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Mayor Suarez and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 242 September 8, 1987 0 • 82. FIRST READING ORDINANCE: APPROPRIATIONS FOR DOWNTOWN DEVELOPMENT AUTHORITY Mr. Kenzie: And the second item is the approval of the first reading of the ordinance on the budget. Mr. Plummer: What? Mr. Kenzie: Item 101. Ms. Hirai: One oh one. Mr. Plummer: What about 100? Ms. Hirai: That's the one we just read. Mr. Kenzie: We just did that. Mr. Plummer: Oh, OK. Does the Downtown Development Authority subject to the same as the City of Miami about minority set asides? Miller! Mr. Kenzie: Yes, yes we are. Mr. Plummer: I don't think you are. Mr. Kenzie: Well, we operate that way regardless of whether we are or not. We go through the same procedures and follow the City procedures. Mr. Plummer: OK, prior to the second reading, I'm going to insist that that be placed in as a stipulation that minority set asides and all contracts that you let have to be the same as the City of Miami. Mr. Kenzie: Yes, that's fine, we've... Mr. Dawkins: No, that will be included. have it written. Mr. Kenzie: Yes, we do it, but it... right. Mr. Dawkins: All right, thank you. Ms. Hirai: I need a second, Mr. Vice Mayor. It's included now, you just don't Mr. Dawkins: Second with the stipulation that it will not get passed on the second reading if he does not comply with the same ordinance as within the City of Miami. Mr. Dawkins: Call the roll. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE MAKING APPROPRIATIONS FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1988; AUTHORIZING THE DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE OR ADVERTISE BIDS FOR THE PURCHASE OF ANY MATERIAL, EQUIPMENT, OR SERVICE EMBRACED IN THE SAID APPROPRIATIONS FOR WHICH FORMAL BIDDING MAY BE REQUIRED PROVIDING THAT THIS ORDINANCE SHALL BE SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1988, FOR THE OPERATION OF THE CITY OF MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 243 September 8, 1987 • Was introduced by Commissioner Kennedy and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. SEtBRS BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING VAS ADJOURNED AT 10:53 P.M. ATTEST: Natty Hirai CITT CLERK Walter J. Foeman ASSISTANT CITY CLERK Xavier L. Suarez N A T O R 244 September 8, 1987 CITY OF MIAMI DOCUMENT INDEX MEETS MM SEPTEMBER 8, 1987 PAGE 1 OF NORTH SITE POLICE SUBSTATION CONTRACT WITHDRAWN FROM FRANK J. ROONEY AND GIVEN SOLELY TO 3-W CORPORATION. ACCEPT BID: M. VILA AND ASSOCIATES FOR S.E. OVERTOWN/PARK WEST PAVING PROJECT -PHASE I. ACCEPT BID: MIRI CONSTRUCTION, INC. FOR MANOR HIGHWAY IMPROVEMENT -PHASE LV. ACCEPT BIDS FROM VARIOUS SUPPLIERS TO FURNISH AUTOMOBILE, MOTORCYCLE AND TRUCK TIRES AND TUBES TO CITY DEPARTMENTS ON A CONTRACT BASIS. ACCEPT BIDS OF THIRTEEN SUPPLIERS FOR FURNISHING LINE OFFICE SUPPLIES TO THE GENERAL SERVICES ADMINISTRATION DEPARTMENT. AUTHORIZE EXECUTION OF AGREEMENT WITH NATIONAL CNETER FOR MJNICIPAL DEVELOPMENT, INC. TO CONTINUE THE WASHINGTON, D.C. LOBBYING SERVICES OF MARK ISRAEL. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH CELLAR DOOR CONCERTS, INC. FOR THE USE OF THE ORANGE BOWL STADIUM ON SEPTEMBER 18, 1987. AUTHORIZE MANAGER TO ENTER INTO CONTINGENCY AGREEMENT WITH LATIN CHAMBER OF COMMERCE IN THE AMOUNT OF $150,,))). TO SUPPORT 1987-88 PROGRAMS. AUTHORIZE EXECUTION OF AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT INC. (MCDI). AUTHORIZE MANAGER TO EXECUTE $40,000 AGREEMENT WITH MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION. EXTEND TERMINATION DATE AGREEMENT WITH NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE, INC. RE NVAL WN NO. 87-766 87-767 87-768 87-769 87-770 87-771 87-772 13vAw&A3 87-774 87-775 87-776 f DOCUMENT INDEX AUTHORIZE AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE DOWNTOWN D.K.I. ACCEPT CONTRACT EXTENSION FOR RADIOLOGY SERVICES TO CEDARS MEDICAL CENTER. ACCEPT CONTRACT EXTENSION FOR PHYSICAL EXAMINATIONS TO CEDARS MEDICAL CENTER, INC. ACCEPT CONTRACT EXTENSION FROM VALLE/AXELBERG & ASSOCIATES, INC. TO PROVIDE PHYCHOLOGICAL SERVICES TO THE POLICE DEPARTMENT. ESTABLISH PUBLIC HEARING DATE TO CONSIDER ISSUANCE OF A DEVELOPMENT ORDER FOR DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT. ALLOCATE $50,000 IN SUPPORT OF THE II ALLAPATTAH FAIR. ALLOCATE $3,850. GRANT TO THE LIONS HOME FOR THE BLIND, INC. ALLOCATE $2,265. GRANT TO THE ASSOCIATION FOR THE USEFUL AGED,INC. ALLOCATE $20,000. GRANT TO CATHOLIC COMMUNITY SERVICES, INC. ALLOCATE $32,178. GRANT TO MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. ORDER NORTH FLAGLER SANITARY SEWER IMPROVEMENT SR-5500—C BE MADE AND DESIGNATE SPECIAL SSSESSMENTS. ACCEPT COMPLETED WORK FOR MIAMI SPRINGS GOLF COURSE CART STORAGE AND AUTHORIZE FINAL PAYMENT FO INDEMNITY INSURANCE CO. OF NORTH AMERICA. ACCEPT COMPLETED WORK FOR UNPARR— HANDICAPPED ACCESS IMPROVEMENTS AND AUTHORIZE FINAL PAYMENT THEREFOR. ACCEPT COMPLETED WORK OF TRI—COUNTY CONSTRUCTION CORP. AND BALBOA INSURANCE CO. FOR HANDICAPPED IMPROVEMENTS AND AUTHORIZE PAYMENT THEREFOR. RMEvAL CODE No. 87-777 87-778 87-779 87-780 87-781 87-782 87-783 87-784 87-785 87-786 87-787 87-788 87-789 87-790 50 f DOCUMENT INDEX DOCIJ�AENT DENTFICATION RETREVAL CODE NO. ACCEPT COMPLETED WORK OF ALFRED LLOYD & SONS, INC. AND AUTHORIZE FINAL PAYMENT OF N.W. 19 AVENUE SEWER. ACCEPT COMPLETED WORK OF M.VILA & ASSOCIATES, INC. AND AUTHORIZE FINAL PAYMENT FOR WYNWOOD SEWER. STREET CLOSURE FOR THE BICENTENNIAL OF THE CONSTITUTION CELEBRATION PARADE. STREET CLOSURE FOR 16TH ANNUAL COCONUT GROVE BIKE PLACE. CLOSURE OF CERTAIN DOWNTOWN STREETS FOR OCTOBER 12, 1987 BICYCLE RACE. PROVIDE FOR HOLDING ELECTION THE OFFICES OF MAYOR AND TWO - COMMISSIONERS ACCEPT BID OF MAN CON, INC. FOR SOUTHEAST OVERTOWN/PARK WEST SANITARY SEWER REPLACEMENT. ACCEPT BID OF PALM PETERBILT-GUC TRUCKS,INC. FOR REFURBISHMENT OF AIR TRUCK 1 FOR FIRE DEPARTMENT. ACCEPT BID OF AM VARITYPER FOR ELECTRONIC TENT IMAGE ASSEMBLY SYSTEM. EXTENSION OF CONTRACT WITH MELBRON E. SELF, CRISIS COUNSELOR FOR THE POLICE DEPARTMENT/ALLOCATE $90,000. FOR TWO ADDITIONAL CRISIS COUNSELORS FOR POLICE DEPARTMENT. ONE BLACK AND ONE HISPANIC. DEFER FOR 90 DAYS PROPOSED EXTENSION OF CONTRACT WITH TOXICOLOGY TESTING SERVICES FOR LABORATORY SERVICES. ALLOCATE $15,000. TO TOXICOLOGY TEST ING SERVICES FOR LABORATORY SERVICES FOR THE NEXT 90 DAYS. ACCEPT EXTENTION OF CONTRACT WITH O.C. TANNER CO. FOR FURNISHING EMPLOYEE SERVICE AWARDS. DESIGNATE LAND SURVEYING SERVICES FOR CITY PROJECTS; APPOINT CERTOFOCATOPM CP „ OTTEE? 87-791 87-792 87-793 87-794 87-795 87-796 87-797 87-798 87-799 87-800 87-801 87-801.1 87-802 87-804 NMOVA_ ... sue, t.."'�'::.:v;. ! ��'ifi ! 7m �aeese�• - DOCUMENT INDEX ACCEPT PLAT: BRICKELL KEY ON C:AIGJTPM OS:AMD °ARCE: "J". FORMALIZE APPOINTMENTS TO YOUTH ADVISORY COUNCIL. AUTHORIZE ACCEPTANCE OF GRANT FROM ORGANIZATION OF AMERICAN STATES TO COVER TRAVEL COSTS OF ARTISTS FOR INTERNATIONAL ARTISTS SERIES. ACCEPT BID OF CLOCK INC. FOR HANDGUNS. ALLOCATE $100,000 FOR RENOVATION OF CHILD DAY CARE FACILITIES. ALLOW FIREWORKS AT BAYSIDE TO CELEBRATE 20TH ANNIVERSARY OF CHANNEL 6. AUTHORIZE REQUEST FOR PROPOSALS FOR SALE OF WATSON BUILDING. APPROVE FENCING ON TEMPORARY BASIS FOR POPE'S VISIT. INCREASE CONTRACT WITH RIC-MAN INTERNATIONAL INC. FOR SEWER REPLACEMENT PROJECT. CONFIRM ASSESSMENT ROLL FOR GRAND AVENUE SIDEWALK IMPROVEMENTS. AUTHORIZE CORAL WAY ASSOCIATES LIMITED AND DECORATIVE ARTS PLAZA TO RESTRICT VEHICULAR ACCESS TO S.W. 33 AVENUE FROM S.W. 21 STREET FOR ONE YEAR. POPE JOHN PAUL II MADE HONORARY CITIZEN OF MIAMI. ALLOCATE $6,000 TO FLORIDA INTERAMERICAN SCHOLARSHIP FOUNDATION FOR MARINE STADIUM. ADMINISTRATION TO ATTEMPT TO REDUCE COST OF IN -KIND SERVICES IN CONNECTION WITH FLORIDA INTERAMERICAN SCHOLARSHIP FOUNDATION FOR MARINE STADIUM. PAW 4 of of. RETREVAL CODE NO. 87-805 87-807 87-809 E:3II:i[7 87-811 87-813 87-814 87-815 87-816 87-817 87-820 87-822 87-823 DOCUMENT INDEX PAN OF DOCLWW DENTF"TM I RETREVAL CODE NO. ALLOCATE $3.000 TO YOUTH CRIME WATCH FOR TENT OF KNIGHT CONVENTION CENTER. INSTRUCTION TO ACQUIRE BY PURCHASE OR EMINENT DOMAIN PROPERTY AT S.W. 24 ST. AND 21 AVE. (GOLDEN ARMS APARTMENTS/SILVER BLUFF AREA). EXTEND APPROVAL FOR ONE MONTH FOR WYNWOOD COMMUNITY ECONOMIC DFITFL OPMFNT CORPORATION. AUTHORIZE BUS BENCH COMPANY TO ASSIGN AGREEMENT FOR BUS BENCHES TO FOLEY ENTERPRISES, INC. ALLOCATE $5,376. TO CATHOLIC COMMUNITY SERVICES, INC. FOR A MONTH TO MONTH REVOCABLE PERMIT TO USE LITTLE HAVANA OUTREACH OFFICE AT MANUEL ARTIME CENTER. CLOSE STREET FOR "PAELLA '87" CELEBRATION AT THE MIAMI DADE COMMUNITY COLLEGE. ALLOCATE $10,000 AS SEED MONIES FOR DOCKING OF "USCGC EAGLE" COAST GUARD SHIP AT BICENTENNIAL PARK. ALLOCATE $35,000 TO SOCIAL ACTION AGENCY FOR FOOD CO-OP PROGRAM. ALLOCATE $8,300 FOR USE OF IN -KIND SERVICES IN CONNECTION WITH THE NATIONAL CONFERENCE OF POLICE EXECUTIVES AT COCONUT GROVE EXHIBITION CENTER. ALLOCATE $5,200. TO COVER IN -KIND SERVICES FOR "MERENGUE FESTIVAL" CONDUCTED BY ASSOCIATION COMUNAL DOMINICANA IN ALLAPATTAH COMSTOCK PARK. ALLOCATE $5,000 FOR TABLES AT GIBSON MEMORIAL FUND TO BE USED BY INNER CITY CHILDREN. RESCHEDULE SEPTEMBER 22 MEETING TO COMMENCE AT 3:30 P.M. 87-824 87-825 87-826 87-827 87-828 87-830 87-831 87-832 87-834 87-835 87-837 87-839 ,__