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HomeMy WebLinkAboutCC 1987-06-25 Minutes.64.► w CITY OF MIAMI OF MEETING HELD ON JUNE 25, 1987 (PLANNING AND ZONING) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk r INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA JUNE 25, 1981 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. (A)PRESENTATIONS, PROCLAMATIONS, PRESENTED 1-2 SPECIAL ITEMS (B)CITY TO WORK WITH M-87-583 COCONUT GROVE LOCAL DEVELOPMENT 6/25/87 CORPORATION TO IMPROVE CORNER OF GRAND AND DOUGLAS. 2. JACKIE GLEASON CONDOLENCES. R-87-584 2-3 6/25/87 3. (A)DON HICKMAN CONDOLENCE. (B) SIGN R-87-585 3-4 ORDERED FOR DON HICKMAN BUILDING. M-87-585.1 6/25/87 4. $75,000 LOAN FOR "SIEMPRE EN M-87-586 4-6 DOMINGO." 6/25/87 5. FIREWORKS FOR BAYSIDE MARKET PLACE R-87-587 6-7 4TH OF JULY CELEBRATION. 6/25/87 6. (A)TERMINATE JOSEPH MIDDLEBROOKS AS R-87-588 7-11 ARCHITECT FOR NORTH POLICE R-87-588.1 SUBSTATIONS. 6/25/87 7. DISCUSSION OF CONSENT AGENDA (SEE DISCUSSION 12 LABEL #9) 6/25/87 8. BUDGET AWARD PRESENTED TO THE CITY. DISCUSSION 12-14 6/25/87 9. CONSENT AGENDA (SEE LABEL #7) 14 6/25/87 9.1 ALLOCATE $10,000 TO EDUCATIONAL R-87-589 14 EQUIPMENT CENTER FOR TEACHING 6/25/87 PROGRAM. 9.2 ACCEPT BID OF DOTHAN SECURITY FOR R-87-590 15 GUARD SERVICES AT VIRGINIA KEY 6/25/87 BEACH AND DINNER KEY MARINA. 9.3 AUTHORIZE EXECUTION OF LEASE R-87-591 15 AGREEMENT WITH MCF CORPORATION FOR 6/25/87 OFFICE SPACE AT AVIATION AVENUE. 9.4 AUTHORIZE EXECUTION OF AGREEMENT R-87-592 15 WITH CELLAR DOOR CONCERTS, INC. FOR 6/25/87 MADONNA CONCERT AT ORANGE BOWL. 9.5 ALLOCATE $30,000 FOR IMPLEMENTATION R-87-593 15 OF 1987 SUMMER YOUTH EMPLOYMENT AND 6/25/87 TRAINING PROGRAM. 9.6 DOWNTOWN DESK DASH: CLOSE STREETS, R-87-594 16 BEER/WINE PERMIT, RETAIL PEDDLERS. 6/25/87 s 10. $5,000 ALLOCATION TO HAITIAN- M-87-595 16-18 AMERICAN DEMOCRATIC CLUB OF GREATER 6/25/87 MIAMI FO HAITIAN AMERICAN 4TH OF JULY CELEBRATION. 11. $40,000 ALLOCATED TO THE GREATER M-87-596 18-22 MIAMI OPERA ASSOCIATION. 6/25/87 12. RENAME THE RIO PLAZA HOUSING M-87-597 22-25 FACILITY AS BARNETT RIO PLAZA . 6/25/87 13. EMERGENCY ORDINANCE: INCREASE ORDINANCE 25-27 APPROPRIATIONS FOR MIAMARINA. 10288 6/25/87 14. EMERGENCY ORDINANCE: ESTABLISH TWO ORDINANCE 28-29 NEW FUNDS: "NEIGHBORHOOD JOBS 10289 PROGRAM FY 88" AND "OFFICE OF INTERGOVERNMENTAL LIAISON FY 88" 15. FIRST READING ORDINANCE: FIRST 29-32 APPROPRIATING $360,000 FOR PAYMENT READING ON HUD LOAN. 6/25/87 16. DISCUSSION CONCERNING NEGATIVE NEWS DISCUSSION 32-33 COVERAGE OF CITY BY THE MEDIA. 6/25/87 17. FIRST READING ORDINANCE: INCREASE FIRST 33-34 APPROPRIATIONS FOR OVERTOWN/PARK READING WEST REDEVELOPMENT PHASE I. 6/25/87 18. DIRECT CITY ATTORNEY TO PREPARE R-87-598 34-56 CHARTER AMENDMENTS FOR THE NOVEMBER 6/25/87 3, 1987 ELECTION: (1)MINIMUM SUBSTANTIVE SAFEGUARDS UPON WATSON ISLAND DEVELOPMENT; (2)MINIMUM STANDARDS ON R7CEIPT OF PROPOSALS FOR LEASE/SALE OF CITY -OWNED PROPERTY, (3) AFFORD PREFERENCE TO LOCAL VENDORS; (4)CREATE BAYFRONT PARK MANAGEMENT TRUST. 19. CITY WILL NOT ABANDON ITS PRIMARY R-87-599 56-67 POSITION CONCERNING REPAYMENT OF 6/25/87 $10M SUBORDINATE NOTE BY SPORTS AUTHORITY IN CONNECTION WITH REPAYMENT OF MIAMI HEAT CONTRACT (N.B.A. FRANCHISE); PUBLIC HEARING SCHEDULED - INVITING INTERESTED PARTIES, INCLUDING DECOMA, SPORTS AUTHORITY, HEAT REPRESENTATIVES, ETC. 19.1 INSTRUCT CITY ATTORNEY TO FORWARD DISCUSSION 67 TO THE CITY COMMISSION THE SECTION 6/25/87 OF THE CITY CHARTER DEALING WITH THE "INITIATIVE" PROCEDURE. 20. ENDORSE RONNIE DeSILLERS NATIONAL R-87-600 67-70 FOUNDATION ON ITS FUND RAISING M-87-601 EFFORTS TO RAISE ORGAN DONOR AWARENESS. 21. OPEN BIDS FOR FAIRLAWN SOUTH M-87-602 70-72 SANITARY SEWER IMPROVEMENT SR-5515 6/25/87 C. 22. ACCEPT BID OF DANVILLE/FINDORFF , R-87-603 72-73 INC. FOR BAYFRONT PARK 6/25/87 REDEVELOPMENT PHASE III. a 23. APPROVE ADDENDUM TO OMNI AREA R-81-604 74-77 REDEVELOPMENT PLAN. 6/25/87 24. CLOSE PORTIONS OF N.E. MIAMI COURT M-81-605 77-82 AND MIAMI PLAZA CONDITIONED UPON 6/25/87 SCHOOL BOARD PAYMENT OF $101,000 FOR USE OF CITY PARKS AND $60% OF COST OF MAINTENANCE OF THOSE PARKS. 25. (A)WAIVE RENTAL OF BOBBY MADURO M-87-606 82-85 STADIUM FOR BASEBALL INFANTIL Y M-87-607 JUVENIL DEL CARIBE. (B)ALLOCATE 6/25/87 $20,000 TO BASEBALL INFANTIL Y JUVENIL DEL CARIBE FOR NEW UNIFORMS; ADMINISTRATION TO SEEK ASSISTANCE FROM MOTELS AND RESTAURANTS FOR ACCOMODAITONS AND FOOD. 26. ACCEPT BID OF PRODUCTION R-87-608 85-90 ASSOCIATES, INC. FOR JANITORIAL 6/25/87 SERVICES AT POLICE BUILDING. 27. AUTHORIZE EXECUTION OF LEASE R-87-609 90-91 AGREEMENT WITH AMERIFIRST 6/25/87 DEVELOPMENT CORPORATION FOR OFFICE SPACE DOWNTOWN. 28. REQUIREMENTS, FEES FOR VENDORS M-87-610 91-99 DURING PAPAL VISIT. 6/25/87 29. (A)$50,000 ALLOCATION TO MIAMI DADE M-87-611 99-105 CHAMBER OF COMMERCE. (B)MANAGER TO M-87-612 STUDY REQUEST FROM MIAMI DADE 6/25/87 CHAMBER FOR STAFF ASSISTANCE. 30. CITY MANAGER TO STUDY FUNDING M-87-613 105-117 REQUEST FOR HYDROFOIL WATER BUS 6/25/87 PROJECT. 31. DISCUSSION CONCERNING SPLASHDOWN IN DISCUSSION 117-119 VIRGINIA KEY. 6/25/87 32. SCHEDULE PUBLIC HEARING CONCERNING M-87-614 119-124 THE PROPOSED CLOSURE OF ABACO 6/25/87 AVENUE. 33. ADMINISTRATION TO INVESTIGATE CODE M-87-615 124-127 VIOLATIONS IN SOUTHLAND STORAGE 6/25/87 AREA. 34. URGE COCONUT GROVE LOCAL M-87-616 127-130 DEVELOPMENT CORPORATION TO TRY TO 6/25/87 FUND FOR USE AND INSURANCE COSTS INVOLVED AT VIRRICK PARK. 35. INSTITUTE A CITIZEN'S ADVISORY M-87-617 130-133 COMMITTEE TO ASSIST POLICE IN 6/25/87 LIBERTY CITY. 36. COCONUT GROVE LOCAL DEVELOPMENT M-87-618 133-136 CORPORATION AND OTHER APPLICANTS 6/25/87 WHOSE BUDGET WAS CUT DOWN TO COME BACK TO COMMISSION FOR RECONSIDERATION. 37. DECLARE HOUSING EMERGENCY IN CITY; R-87-619 136-138 AUTHORIZE IMPLEMENTATION OF 6/210'/87 SCATTERED SITE HOUSING DEVELOPMENT AND AFFORDABLE HOME OWNERSHIP OPPORTUNITY PROGRAM DEMONSTRATION PROJECT. 38. DEFER CONSIDERATION OF FOLLOWING DISCUSSION 138-139 ITEMS FOR NEXT MEETING: (1)PROPOSED 6/25/87 YMCA SITE FOR LOW DENSITY HOUSING; (2)PROPOSED APPROVAL OF MARKETING AND HOME BUYER SELECTION PROCESS FOR HOME OWNERSHIP OPPORTUNITY PROGRAM; (3)PROPOSED APPROVAL OF MORTGAGE HOME PURCHASING FINANCING PROGRAM. 39. APPROVE APPLICATION FOR HOUSING R-87-620 140-142 DEVELOPMENT LOCATED AT RED ROAD AND 6/25/87 N.W. 7TH. 40. FIRST READING ORDINANCE: FIRST 142-143 "OCCUPATIONAL LICENSES." READING 6/25/87 41. SECOND READING ORDINANCE: CLARIFY ORDINANCE 143-145 THAT ALL WORK ON A STRUCTURE MUST 10290 _ HAVE BUILDING PERMIT. 6/25/87 42. CONTINUATION OF ALL ITEMS NOT M-87-621 145-147 CONSIDERED ON THIS DATE. 6/25/87 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 25th day of June, 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 1:05 O'Clock p.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. A - PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS B - CITY TO WORK WITH COCONUT GROVE LOCAL DEVELOPMENT CORPORATION TO IMPROVE CORNER OF GRAND AND DOUGLAS ------------------------------------------------------------------------------ Mayor Suarez: We have a few ceremonial items. Is Ramon Puig there - here? We need a gift of guayaberas to every Commissioner. 1. Proclamation: Miami Physical Therapy Week (June 22 - 27, 1987). Recognizing the importance of this service toward improving the quality of life for disabled, ill, and able-bodied Americans of all ages. 2. Proclamation: Black Grove Pride Day. Presented to the Coconut Grove Local Development Corporation for their efforts in making the Paint -up, Clean-up, Fix -up campaign in the Grove a reality. Mr. Plummer: Mr. Mayor, if I could, this Commission has gone on record many, many times, both when Father Gibson was alive and after Father Gibson passed away, that we the Commission expressed and I think would also be expressed by this present Commission, would like to see the four corners of Grand and Douglas something that we could all be proud of rather than what is there today which I don't think too many people are proud of. I would ask, in conjunction with the Local Development Authority, to work with the administration to bring this dream possibly to a reality and I would like to move, at this time, that we instruct the administration together in concert with the Local Development group, to implement and start to bring about to this Commission what is reality, what are the cost factors, where can the revenues come from, so that we can, in fact, honor the memory of one who served his City well. So I would like at this time, Mr. Mayor, to move that item to try to get this thing started and get it off the ground and hopefully bring it to a completion. I so move. 6 Mrs. Kennedy: Second. IMayor Suarez: So moved and seconded. Any discussion? Call the roll. Usually, we're only doing ceremonial items at this point. But in this 1 June 25, 1987 cast., we're going to have a substantive item that is ci great, great importance to that corner and I fully agree with your motion, Mr. Vice - Mayor. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-583 A MOTION INSTRUCTING THE ADMINISTRATION TO WORK IN CONCERT WITH THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION TO BRING ABOUT THE IMPROVEMENT OF THE FOUR CORNERS OF 37TH AVENUE (DOUGLAS ROAD) AND GRAND AVENUE IN MEMORY OF THE LATE CITY OF MIAMI COMMISSIONER FATHER THEODORE GIBSON; FURTHER REQUESTING THE ADMINISTRATION TO COME BACK WITH A REALISTIC REPORT AS TO A COST FACTOR, SOURCE OF FUNDING, ETC. Upon being seconded by Commissioner Kennedy, 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: We lost David Alexander in the process, but I'm sure he will be happy to hear the motion. 3. Proclamation: Say No To Drugs Week.(September 13 - 19, 1987) To promote a greater awareness of the importance of "Saying No to Drugs". NOTE FOR THE RECORD: Commissioner Dawkins stated that next year, the City will not hire any drug abusers in the City's Summer Youth Employment and Training Program. NOTE FOR THE RECORD: Commissioner Kennedy introduced State Senator; Hon. Carol Bellamy, of New York. --------------------------------------------------- 2. JACKIE GLEASON CONDOLENCES ------------------------------------------------ Mr. Plummer: Mr. Mayor, if I may, I would like to offer two resolutions quickly at this time. The first one, of course we all with regret and deep sympathy read this morning in the paper, probably the, not only "The Great One", but the "Great One" for this community in tourism and what he did for this community and I would like to express this Commission's sorrow at the passing of Mr. Jackie Gleason. I so move. Mrs. Kennedy: Second. Mr. Dawkins: Second. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. 0 2 June 25, 1987 f I' The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-584 A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF JACKIE GLEASON, UPON HIS DEATH, ACKNOWLEDGING HIS CONTRIBUTIONS TO THE PERFORMING ARTS AS A WORLD RENOWNED ENTERTAINER AND AS A LEADING SOUTH FLORIDA RESIDENT. (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 ------------------------------------------------------------------------------ 3. A - DON HICKMAN CONDOLENCE B - SIGN ORDERED FOR DON HICKMAN BUILDING ------------------------------------------------------------------------------ Mr. Plummer: Mr. Mayor, we are all also aware of a very dedicated public servant who passed away since our last meeting, Mr. - Chief Don Hickman. As we are much aware, this man gave his life to this community. We have, in fact, Mr. Mayor, named the building downtown, the administrative building, as the Don A. Hickman Building, but no where on that building does it show. It shows Administrative Building. I would like to make a motion at this time, that in his honor we instruct the administration to go about putting the sign up on that building designating and let this community remember a fine and dedicated servant in the name of Chief Don A. Hickman Building. I would so move. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-585 A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF DON HICKMAN, FORMER FIRE CHIEF OF THE CITY OF MIAMI, FLORIDA, UPON HIS DEATH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) _I Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote- 3 June 25, 1987 • a AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-585.1 A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE ADMINISTRATION TO IMPLEMENT A PRIOR DIRECTIVE FROM THE CITY COMMISSION TO HAVE A PLAQUE AFFIXED TO THE FRONT OF THE ADMINISTRATION BUILDING NAMING THE BUILDING THE "DON HICKMAN BUILDING" IN MEMORY OF THE CITY'S FORMER FIRE CHIEF, A FINE AND DEDICATED CITY SERVANT. 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 ------- ------------ ----------------------------------------------------------- 4. $75,000 LOAN FOR "SIEMPRE EN DOMINGO" ------------------------------------------------------------------------------ Mr. Plummer: Mr. Mayor, the final thing that I have is in reference to Siempre Domingo. What we would like to do, we have had the guarantee of four shows - Alma, sit down - sit down, Alma - sit down, Alma - war, Guerra, war. This would be in the form of a loan to possibly to be replaced by the State of Florida. We have had guaranties, but I don't want to mislead anybody that for $75,000 we have the guarantee of four shows of which there are four hours each or sixteen hours total. I think it is tremendous bargain. It's even a better bargain if the money is reimbursed by the State. But, if not, I think it's a tremendous thing for this City. I would so move at this time that it be approved. Mrs. Kennedy: Second and under discussion, Mr. Manager, if the money is not reimbursed do you recommend it? Can you find the money? Mr. Odio: Yes, what I - what I'd like to say is if we are going to have ticket sales, last year we had thirty-five to forty thousand dollars in ticket sales. That money then would come back to the City. Mrs. Kennedy: OK. Mayor Suarez: How does that work now? They gave us the tickets for us to sell? Mr. Plummer: No, they sell them. Mrs. Kennedy: They sell. Mr. Odio: They sell them, but we get, we get... Mayor Suarez: Oh, you mean we get a percentage of their gate? Mr. Odio: Yes. 4 June 25, 1987 • f Mr. Plummer: This will be in the Orange Bowl, right? Mr. Odio: It will be at the Knight Center. Mr. Plumper: At the Knight Center, I'm sorry. I so move. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any of this in in -kind or is it all actual cash? Mr. Plummer: I'm sorry, did I miss something? Mr. Odio: This is cash. Mayor Suarez: I was just wondering if it was all a cash request or if any of It was in -kind in relation with the use of the Orange Bowl. Mr. Dawkins: No, Knight Center - some will be in -kind. Police, what have you. Mr. Odio: Rental, what ever. Mr. Plummer: Well, and the rental of the hall, I'm sure would be in -kind. Mr. Odio: Yes. That's what it is, in -kind. Mayor Suarez: Can you give us - can you give us off the top of your head a breakdown how much is waivers, in -kind, etc. and how much is actual cash? Mr. Odio: The Miami Convention Center is $50,000. Other costs is about $63,000 in in -kind services. But since we have the trust indenture we have to pay the Knight Center so we need to have an allocation. Mr. Plummer: But ours will not exceed the $75,000. Mr. Odio: It will not. Mr. Plummer: Exactly. Mayor Suarez: What is the whole package now? Is it seventy-five thousand? Mr. Odio: Two hundred and thirty-three thousand, nine hundred and ten dollars. ($233,910). Mayor Suarez: Well, how much are we being asked to approve today? Mr. Odio: Seventy-five. Mr. Plummer: Seventy-five. Mayor Suarez: Which is all cash. We're not being asked to waive... Mr. Odio: It's not all cash because we have sixty three thousand dollars that I - is in -kind services but we have to have the cash and location. Mayor Suarez: So we're being asked to approve seventy-five thousand dollars cash plus the... Mr. Odio: No, no, total. Mr. Plummer: No, no, total. Mr. Dawkins: Total expenditure - seventy-five thousand dollars. Mr. Odio: Expenditures. Mayor Suarez: I thought they had to pay, what was the amount you gave for the use of the James L. Knight? Mr. Plummer: Fifty. 5 June 25, 1987 Mr. Odio: Sixty-three thousand so, in fact, they pay back to t•he Knight Center sixty-three thousand. Mayor Suarez: Yes, I'd have no problem waiving that portion. OK, any further discussion? Mr. Plummer: Call the roll. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-586 A MOTION INSTRUCTING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $75,000 IN THE FORM OF A 9 LOAN IN CONNECTION WITH FOUR SHOWS TO BE TELEVISED OF THE "SIEMPRE EN DOMINGO" TELEVISION SHOW; SAID AMOUNT TO BE POSSIBLY REPAID BY THE STATE OF FLORIDA. Upon being seconded by Commissioner Kennedy, 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 Mr. Plummer: Go away and sin no more. 5. FIREWORKS FOR BAYSIDE MARKET PLACE 4TH OF JULY CELEBRATION Mayor Suarez: We have another emergency item related to Bayside's fireworks display on July 3rd, 4th, and 5th. Mr. Plummer: Mr. Mayor, since it does not exceed 11:00 o'clock, I so move. Mrs. Kennedy: Second. Mayor Suarez: That's correct. It's to allow display between 9:00 and 11:00 p.m. on those days. Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-587 A RESOLUTION CONCERNING THE BAYSIDE MARKET PLACE 4TH OF JULY CELEBRATION TO BE CONDUCTED BY ROUSE-MIAMI, INC., RELAXING THE LIMITATIONS OF THE DISPLAY OF FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC DISPLAYS IN DOWNTOWN MIAMI UNTIL 11:00 P.M. ON JULY 3RD THRU STH, 1987, SUBJECT TO THE ISSUANCE OF A PERMIT BY THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES. (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- 6 June 25, 1987 • AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 6. A - TERMINATE JOSEPH MIDDLEBROOKS AS ARCHITECT FOR NORTH POLICE SUBSTATIONS B - PUBLIC HEARING FOR SELECTION OF ARCHITECT FOR NORTH POLICE SUBSTATIONS ------------------------------------------------------------------------------ Mayor Suarez: OK, Consent... Mr. Dawkins: Mr. Manager, please. Mayor Suarez: Commissioner. Mr. Dawkins: Madam City Attorney, in order to terminate the services of Mr. Middlebrooks, I have to pass a motion, is that correct? Mrs. Dougherty: Yes, sir. Mr. Dawkins: I'd like to oppose a motion which says, a motion authorizing the City manager to terminate the agreement between the City of Miami and Joseph Middlebrooks end Associates for professional services related to the planning and designing of the north district police substation project. Mrs. Dougherty: For the record, the Manager does recommend that termination. Mr. Odio: Yes, yes, I do. Mr. Plummer: Based on that, I second. Mayor Suarez: Moved and seconded. Any discussion? How do we plan to carry out the rest of the construction? I presume you've provided... Mr. Odio: I want to - the - the fence is up already in the substation, finally. We're going to have a breakground, breaking ground for the footings the week after July 4th. Mayor Suarez: What was it that Commissioner Dawkins always says? You're like my wife, you hear you - you hear me, but you don't listen to me. Mr. Odio: No, no, no. What is that? We are breaking ground for the construction. Mrs. Dougherty: That is a public hearing now. Mr. Plummer: Excuse me. Mayor Suarez: How do we plan without an architect to complete the construction? Are we going to supervise it ourselves, is that the idea? Mr. Dawkins: Yes, yes. Mr. Odio: No, we have... Mrs. Dougherty: We want to set a public... Mr. Odio: We have to set a public hearing. Mr. Dawkins: That's what you're trying to get through, yes. (INAUDIBLE COMMENTS OFF THE PUBLIC RECORD) 7 June 25, 1987 Mr. Odio: Right. Mayor Suarez: Next Commission meeting you're going to bring us another contract? Is that - that's not what you said, is it, John? Mrs. Dougherty: I think we ought to set a public hearing now. Set a public hearing now. Mr. Odio: We need to set a public hearing. Mrs. Dougherty: Now. Mr. Odio: Now, so that - to pick the architect, is that what you think? Mrs. Dougherty: So that... Mr. John Gilchrist: What, what, what... Mayor Suarez: We can't do it ourselves, this is what I'm asking. We can't do it in house? Mr. Dawkins: Wait a minute. Wait a minute. Mr. John Gilchrist: No, no, sir. We're going - we're going to have some help from an architect... Mr. Dawkins: What architect? Mr. Gilchrist: ... from outside who would be working with the contractor together with us to revise the drawings. Mr. Dawkins: Why? Mr. Plummer: To cut down the cost, I would assume. Mr. Gilchrist: It's... Mr. Dawkins: Well, what's wrong with the architect we got on board? You got an architect over there with you. (INAUDIBLE COMMENTS OFF THE PUBLIC RECORD) Mr. Dawkins: Ah. ..... I'm like the Mayor. Now you all got me confused. (INAUDIBLE COMMENTS OFF THE PUBLIC RECORD) Mr. Plummer: Mr. Mayor, for your edification, since you were not here, sir. This will be the second ground breaking. Mayor Suarez: I was aware of a ground breaking that took place in - right around election time, 1985, and no bricks were ever put up there or foundations or anything else, but that's what you get with ceremonial ground breakings right around election time. Mr. Plummer: Typical. Mrs. Dougherty: Mr. Mayor, at this time we'd like to... Mayor Suarez: Want to make sure this one is not ceremonial. Mr. Odio: No, excuse me, I want it for the record. The contractors have a commitment that they made with me. One, they will not exceed one dollar over 5 million dollars and that is complete and, two, that they will break ground for construction purposes the week after July 4th. The fence went up today sooner than I expected and they will be breaking for footings, we can give them a temporary permit to go ahead with the footings. Mr. Plummer: Aud for the record, when you say 5 million complete... Mr. Odio: That includes architect fees... Mr. Plummer: Complete - complete means furniture, fixtures... 8 June 25, 1987 • f Mr. Odio: Yes. Mr. Plummer: ... lights... Mr. Dawkins: Light bulbs. Mr. Plummer: ... everything! Mr. Odio: Telephone - telephones. Mr. Gilchrist: All costs. Mr. Plummer: Including the key to the front door which he will pass to the Mayor and only at such time will he get his check as a completed project. Mr. Odio: That's right. Yes. Mr. Plummer: OK, I just - hey, I congratulate you. I am glad that Miller Dawkins and I have held your damn feet to the fire... Mr. Odio: What feet? Mr. Plummer: Hey, you have done what the taxpayers of this community voted on. You have kept the faith and for that, I congratulate you. Mr. Odio: I'm shocked. I'm really shocked. Mayor Suarez: Nice smile there. Mrs. Kennedy: John. Mr. Dawkins: You will not get a raise, but we congratulate you. Mr. Odio: That's true. Mrs. Kennedy: Will there be a reduction - John, will there be a reduction in personnel? Mr. Plummer: No, this has nothing to do with operations. Mr. Gilchrist: I can't comment on that. Mr. Plummer: This is just the construction. Mrs. Kennedy: OK, nothing to do, OK. Mrs. Dougherty: Mr. Mayor, could we establish a public hearing at this time and so that the administration can hire an architect at the next meeting to the extent that they need to on an emergency basis. All I'm asking is, you set a public hearing now to make that determination at the next meeting. Mr. Plummer: I so move July the llth at 9:00 a.m. Mr. Dawkins: I second with the understanding that the new architectural... Mr. Plummer: What did I say. Mr. Dawkins: ... fees will not exceed the 5 million dollar cap. Mr. Plummer: I'm sorry, July the 9th, I made a mistake. Mr. Gilchrist: Ninth, yes. Mr. Dawkins: Will you accept that? Mr. Plummer: Surely. Mayor Suarez: Moved and seconded, with those provisos. You're implying or telling us that there was no way to do this now without an outside consultant, number one. Are you also telling us that we will be able to sever our ties with Mr. Middlebrooks without any litigation? Do we have any such indication? 9 June 25, 1987 1 Mr. Gilchrist: I can't - 1 can't tell you that. Mayor Suarez: Does he now have pending any amounts that he claims are outstanding to him? Mr. Gilchrist: We have one bill, a minor bill that we are paying him for it. Mr. Plummer: And has he turned over all the documents to us? Mr. Gilchrist: We are in ownership of the documents. Mr. Plummer: OK. Mayor Suarez: OK. Mr. Dawkins: The Madam - the attorney didn't answer the Mayor as to his :legal question, as to can the man sue us? That's what the Mayor asked. Mayor Suarez: Yes, do you remember - we had the provision, Madam City Attorney, in his contract that would allow us to dismiss the architect? Mrs. Dougherty: We do have such a provision. Of course, we can't control people's suing us, but we think you action is defensible. Mayor Suarez: But what, what, what was the criterion? Mrs. Dougherty: We think your action is defensible. Mayor Suarez: I'm sorry? Mrs. Dougherty: We think your action in terminating him is defensible. Based on the reasons that community... the department of development has given us for the reasons for termination. Mayor Suarez: OK, I'm going to say that my vote is going to be favorable to the motion without any prejudice from my perspective to hearing from Mr. Middlebrooks as to what he thinks he may have been owed or whatever up to the present. OK? Any further discussion? Mr. Dawkins: Yes, my vote is going to be that he don't get another penny. I don't care what. That's my vote. Go ahead. Mr. Plummer: You sure like to send direct messages, don't you? Mayor Suarez: Call the... Mr. Dawkins: I try. I try hard. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-588 A RESOLUTION AUTHORIZING THE CITY MANAGER TO TERMINATE THE AGREEMENT DATED SEPTEMBER 11, 1986, BETWEEN THE CITY OF MIAMI AND JOSEPH MIDDLEBROOKS AND ASSOCIATES, P.A. FOR PROFESSIONAL SERVICES RELATED TO THE DESIGN AND CONSTRUCTION OF THE NORTH DISTRICT POLICE SUBSTATION PROJECT. (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- : 10 June 25, 1987 AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-588.1 A MOTION SCHEDULING A PUBLIC HEARING FOR JULY 9, 1987, AT 9:00 A.M. IN CONNECTION WITH SELECTION OF AN ARCHITECT FOR THE PLANNING AND DESIGN SERVICES RELATED TO THE DEVELOPMENT OF THE NORTH DISTRICT POLICE SUBSTATION PROJECT. 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: OK ----- items. Mr. Dawkins: Jeffrey, you run and tell him he won't get another penny. Mr. Plummer: Mr. Mayor, I think it would be appropriate to announce at this time, just because some people are obviously looking at this agenda are going to be disappointed that this Commission is, for the first time in a long, long time, going to bring to a conclusion today at six o'clock. And, obviously, there are items that are not going to be heard but it is in the interest of this City that we do that to host the Secretary of Transportation. Mayor Suarez: Right. The reception's at seven if, if - it's up to the Commission how long everybody wants to stay. I'm trying to see if we have... Mr. Plummer: Well, Mr. Mayor, I think it is very important and I have committed to go to the dinner. Mayor Suarez: Do you want to shave before the function? Is that what you're saying? Mrs. Kennedy: So have I. Mr. Plummer: And a few other things. But I think it's very important to let people know that, yes, there are going to be... Mayor Suarez: Yes, we - if anything, we might just go a few minutes beyond six, but not much beyond that. Mr. Plummer: Yes. Mayor Suarez: OK? Mr. Plummer: All right, sir. 11 June 25, 1987 ------------- ------------------------------ ?. DISCUSSION OF CONSENT AGENDA (SEE LABEL 09) ----------------------------------- Mayor Suarez: Items one through seven consist of the Consent Agenda. Mr. Odio: Exclude five, Mr. Mayor. Mayor Suarez: Excluding five. If any Commissioners want to pull one out in the meantime, if there's anyone from the general public that wishes to be heard on items one through seven, excluding five, please step forward. Let the record reflect that no one has. Mr. Plummer: The only question I have - well, can I ask a quick question? Mayor Suarez: Absolutely. Mr. Plummer: Where does the money from Downtown Desk Dash - is there any monies involved in that? Mr. Odio: No. Mr. Plummer: There's no revenues at all? Mr. Odio: No, sir. Mr. Plummer: OK, thank you. Mr. Odio: No, no expenditures. Mr. Plummer: Mr. Mayor, if no one is objecting, I'll move the Consent Agenda. Mayor Suarez: So moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? AT THIS POINT THE CONSENT AGENDA IS MOMENTARILY DEFERRED --------------------------- 8. BUDGET AWARD PRESENTED TO THE CITY -------------------- Mr. Odio: Mr. Mayor, we skipped Item A on the first page and she's waiting here. Mayor Suarez: OK, that is a commendation to the City. Mr. Odio: Yes. Mr. Plummer: To Mano. Mr. Odio: A presentation to the City. Mayor Suarez: Of the award for distinguished budget presentation. Not including any kind of salary raise or anything like that for Mano or anybody? Mrs. Kennedy: For Mano. Mayor Suarez: For you? INAUDIBLE COMMENTS OFF MIKE. Mayor Suarez: Who's the award to? I don't get this. To the Commission, right? i i Mr. Odio: The government is giving the City an award for dis... 12 June 25, 1987 F7 Mr. Dawkins: With no money? Mr. Odio: No money. Mayor Suarez: Very good. Do you want to read that, Mano? (INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mayor Suarez: The federal goverranent? Mr. Mano Surana: No, no, no. Mayor Suarez: The state government? Mr. Dawkins: No, the Association of... Mrs. Kennedy: Could you please tell us. Mr. Surana: I'm presenting... I'm... OK... Mayor Suarez: Oh, the Association of those who run the government. Mr. Plummer: Oh, I saw the one you had here about a difference in numbers. Mr. Surana: I'm presenting Susan Miller, she's the finance director of Boca Raton, she's representing Government Finance officers' Association, on their behalf, to present this award. Mr. Plummer: Did you show it to her? Ms. Susan Miller: Good afternoon, Mayor Suarez, members of the Commission. Thank you so much for inviting me to your fair City this afternoon. I must tell you it is a pleasure to come down to this area because you have that orchid show right over here in the auditorium and that I enjoy coming to once a year. Mayor Suarez: It's the largest in the world, I think, isn't it? Ms. Miller: It's very close to it and very impressive. Mr. Plummer: Helluva way to charge off a trip!(LAUGHTER) Ms. Miller: No, this is on my own today, sir. I'm a member of the board of directors of the Florida Government Finance Officers Association. In that capaCity, I am the representative and the main communication link between the State organization and the national GFOA. One of the neat things that I get to do is to come to open meetings like this and present the various awards that the Government Finance Officers Association makes available to its membership. So today I'm very honored to be here to present to you your first distinguished budget award. GFOA presents this award to governments who have demonstrated exemplary budget documents that serve four basic functions. It is your primary fiscal budget tool. It is an operation guide. It is a financial plan, and we all know how important a financial plan is in a major business such as the City of Miami or my own City, the City of Boca Raton. It also is your prime communication document that tells the community what you are going to do with the resource that they have given you through their tax revenue. The awards program is an opportunity for a government to attain international recognition for achieving outstanding results in all four functional areas. Each year, your document will be reviewed by a panel of peers who have an evaluation check list that they go through and follow. Every year when you submit your budget document, the review will become more rigorous. This year, the City of Miami, through the support of their dynamic leadership has met the very first challenge and we are here to award the efforts of you, the governing body of your City administration, Mano, he allowed me to call him Mano today. Mano, Mano, OK, excuse me. You should know that only thirty-three governments in the State of Florida have achieved this award. But more importantly, only a hundred and fifty out of the eighty thousand, that's right, eighty thousand, possible governmental units within the United States... Mr. Plummer: Boy, are they hard up. 13 June 25, 1987 0 a Ms. Miller: ... have achieved this award. You, as a community, should take special pride in your administration and staff and in yourself for achieving this award this afternoon. And now, if I may, Mayor, I'll bring the award up to you. ,. Mayor Suarez: Please. Mr. Plummer: Well, I think it would be very appropriate that Mano and the Manager both come up here for the photo,...so when we get into the deficit end of it we can know who to beat. Ms. Miller: Congratulations. Mr. Plummer: We want you to know in our budget we had a photographer. Mayor Suarez: This is for the fiscal year beginning October 1, 1986 and I know we're going to do equally well in the fiscal year beginning October 1, 1987. We'll get the second one of these. 9. CONSENT AGENDA (SEE LABEL #7) Mayor Suarez: OK, call the roll on the Consent Agenda before we do this. Thereupon, the City Commission on motion duly made by Commissioner Plummer and seconded by Commissioner Kennedy, adopted the hereinbelow resolutions 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 9.1 ALLOCATE $10,000 TO EDUCATIONAL EQUIPMENT CENTER FOR TEACHING PROGRAM RESOLUTION NO. 87-589 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE $10,000 FROM SPECIAL PROGRAMS AND ACCOUNT, CONTINGENT FUND, PURSUANT TO A REQUEST BY REPRESENTATIVES OF THE EDUCATIONAL EQUIPMENT CENTER FOR INSTALLATION OF A COMPUTER ASSISTED REMEDIAL SKILL TEACHING PROGRAM AND TO EXECUTE THE NECESSARY IMPLEMENTING AGREEMENT WITH SAID CENTER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14 June 25, 1987 9.2 ACCEPT BID OF DOTHAN SECURITY FOR GUARD SERVICES AT VIRGINIA KEY BEACH AND DINNER KEY MARINA RESOLUTION NO. 81-590 A RESOLUTION ACCEPTING THE BID OF DOTHAN SECURITY, INC. FOR FURNISHING SECURITY GUARD SERVICES AT THE VIRGINIA KEY BEACH AND DINNER KEY MARINA TO THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY FOR TWO (2) ADDITIONAL YEARS AT A TOTAL ESTIMATED FIRST YEAR COST OF $78,430.00 ALLOCATING FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET ACCOUNT CODE #490328-340 IN THE AMOUNT OF $13,700.00 AND $64,730.00 TO BE ALLOCATED FROM THE 1987-88 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS 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.) 9.3 AUTHORIZE EXECUTION OF LEASE AGREEMENT WITH MCF CORPORATION FOR OFFICE SPACE AT AVIATION AVENUE RESOLUTION NO. 87-591 A RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MCF CORPORATION, A MINORITY COMPANY, TO PROVIDE FOR LEASING APPROXIMATELY 25,630 SQUARE FEET OF OFFICE SPACE IN THE BUILDING LOCATED AT 3006 AVIATION AVENUE WITH FUNDS THEREFOR ALLOCATED FROM THE APPROPRIATE BUDGETED DEPARTMENTAL FUNDS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 9.4 AUTHORIZE EXECUTION OF AGREEMENT WITH CELLAR DOOR CONCERTS, INC. FOR MADONNA CONCERT AT ORANGE BOWL RESOLUTION NO. 87-592 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 PRESENTING THE MADONNA CONCERT AT THE ORANGE BOWL STADIUM ON JUNE 27, 1987. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 9.5 ALLOCATE $30,000 FOR IMPLEMENTATION OF 1987 SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM RESOLUTION NO. 87-593 A RESOLUTION ALLOCATING $30,000 OF ELEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: CONTINGENCIES, FOR IMPLEMENTATION OF THE CITY OF MIAMI'S 1987 SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 15 June 25, 1987 9.6 DOWNTOWN DESK DASH: CLOSE STREETS, BEER/WINE PERMIT, RETAIL PEDDLERS RESOLUTION NO. 87-594 A RESOLUTION CONCERNING THE DOWNTOWN DESK DASH TO BE CONDUCTED BY THE DOWNTOWN MIAMI BUSINESS ASSOCIATION ON JULY 17, 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; ALL CONDITIONED ON 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.) 10. $5,000 ALLOCATION TO HAITIAN-AMERICAN DEMOCRATIC CLUB OF GREATER MIAMI FOR HAITIAN AMERICAN 4TH OF JULY CELEBRATION Mayor Suarez: It was - last time it was scheduled as item 60, personal appearance. You want to tell us something about what it was. See if the Commission wants to move on it? Mr. Rene Alerte: Well, what it was, you know, this is the fifth year where we celebrate 4th of July in the Haitian community to make the ----- understand, you know, the meaning of the 4th of July. The City Commission always working with us. Last year, the City manager's office worked with us. This year we decided to go some place else to get some help. We did get $4,000 from the City - from the County... Mr. Plummer: From last meeting. Mr. Alerte: We have $4,000 from the County and $600 from Partner for Youth for the kids. Now, what we require is the City of Miami to help us together; police and sanitation and the showmobile. Mrs. Kennedy: Is this to celebrate your Haitian Independence Day? Mr. Alerte: No, no, the 4th of July. Mrs. Kennedy: Oh, the 4th of July. Mr. Alerte: You see, we have a lot of Haitians here. There's a lot of activities going on but the 4th of July, I think, is very important for those of us who are American to let people know, you know, we are here too. Mrs. Kennedy: Right. What are you asking of us? What do you need? Mayor Suarez: What exactly is the petition, what do you... Mr. Alerte: We are asking you for $5,000 as in -kind service, police, sanitation, and clean-up and that's it. Mayor Suarez: Where's the function going to be? Mr. Alerte: At - from 72nd Street and Northeast 2nd Avenue until 79. ,j Mayor Suarez: Do you have the streets - permission for the street closure and all that all ready? i 16 June 25, 1987 Mr. Alerte: Yes, we're working with community development and everything is... Mayor Suarez: But you need a Commission action for that. Mr. Plummer: Yes. Mayor Suarez: Mr. City Manager, why - does he have permission to close the streets on - and all of that all ready? Have we acted on that? Mr. Dawkins: Yes. (INAUDIBLE RESPONSE NOT PLACED INTO THE PUBLIC RECORD). Mayor Suarez: OK, so now we're talking about money for the in -kind services. What's the Commission's pleasure? Mrs. Kennedy: Move it. Mr. Odio: I told him I would recommend against it, but... Mr. Dawkins: That's OK, you... Mrs. Kennedy: I move it. Mr. Dawkins, What, what - what money did we give the Haitian community? We gave them how much money? Mr. Odio: A total on the... Mr. Dawkins: No, I mean a couple of days ago. Oh, never mind, we just gave somebody $75,000. I move we give them $5,000. Mrs. Kennedy: I, I, I - OK. Mayor Suarez: I think it's a second because Commissioner Kennedy moved it so we... Mr. Dawkins: All right, I second it, I second it. Mayor Suarez: Moved and seconded. Mr. Dawkins: Hold it, I second Commissioner Kennedy's motion. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. (NOTE FOR THE RECORD: Commissioner Carollo entered the meeting at 1:33 p.m). The following motion was introduced by Cc::mnissioner Kennedy, who moved its adoption: MOTION NO. 87-595 A MOTION GRANTING A REQUEST BY REPRESENTATIVES OF "HAITIAN-AMERICAN DEMOCRATIC CLUB OF GREATER MIAMI" FOR FUNDING IN THE AMOUNT OF $5,000, AS WELL AS PREVIOUSLY GRANTED CLOSURE OF CERTAIN STREETS, (SUBJECT TO ISSUANCE OF PERTINENT PERMITS BY THE POLICE AND FIRE DEPARTMENTS) IN CONNECTION WITH THEIR HAITIAN/AMERICAN CELEBRATION OF THE FOURTH OF JULY IN LITTLE HAITI. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- r 17 June 25, 1987 • s 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. Alerte: Thank you very much. 11. $40,000 ALLOCATED TO THE GREATER MIAMI OPERA ASSOCIATION Mayor Suarez: And Bob Traurig, you're here on a public interest item that you were here for last time and we never got to, I believe. And you've got to be some place. Item eighteen. This one was rescheduled and put back on the agenda. Robert H. Traurig, Esq.: Yes, Mr. Mayor, and thank you. For the record, Robert H. Traurig, 140 on Brickell Avenue. I'm here with Robert Heuer, of the - general manager of the Greater Miami Opera. Unfortunately, last meeting, the chairman of the board, Mr. Alberto Vadia was here and he couldn't make it back at this hour today so I bring his regards to you. We are here to ask that you consider our request for fifty thousand dollars for a number of reasons. The Greater Miami Opera, as you know, is headquartered here in the City of Miami. It employs a very large number of people within the City. It uses facilities within the City. It has made a major national impact and we have hopefully some national telecasts that will emanate from the City of Miami during the next season. We originated Porgy and Bess here, which then went on national tour. We did the rehearsing in the Caleb Center. We have, I think, made a very positive effect on the cultural life of the City of Miami and the City has, in the past, been very generous and has contributed $25,000 per annum to the Greater Miami Opera. Because we have a large deficit this year for a number of reasons, most of which are because we tried to improve the quality of our performances and increase the orchestra size, etc., we ask you to increase that contribution. We hope that you will recognize the benefits of the opera to the City of Miami and we urge that you approve this -� request. Mr. Plummer: Where do we get the money, Bob? All the money we had was $200,000 and we gave it to eight different functions. Mr. Traurig: Well, we don't consider that we're a festival. We don't consider that we're any different than... Mr. Plummer: No, no, it wasn't all to festivals. Mr. Traurig: I understand that and it's an unfortunate thing that the City has budgetary considerations when it analyzes the values of... Mr. Plummer: How much did you get from the county? Mr. Traurig: We got forty? Forty thousand from the county. Mr. Plummer: If you got forty from a big county, why are you asking fifty from a little City? Mr. Traurig: Well, we used to get $25,000 from the City of Miami Beach. We , moved all the performances off of Miami Beach and all of them are now in the City of Miami and we, we are trying really to regenerate some additional public income. Mr. Plummer: And what will this money - whatever we give you if we do - go directly to do? Mr. Traurig: It will go into educational programs. I think that Mr. Heuer can describe the extent of our educational programs in the public schools. We do get something from the public schools as well. 18 June 25, 1987 Mr. Plummer: How many performances will you be doing this coming year? Mr. Robert Heuer: In the public schools we'll do over sixty-five performances. Mr. Plummer: How many to the general public in which admission will be charged? Mr. Heuer: He says I need to give my name; it's Robert, Robert Heuer. I'm the general manager of the Greater Miami Opera. We will do sixty-five performances in the Dade County Public High Schools. Mr. Plummer: How many, how many in which there will be a charge made for? Mr. Heuer: None, in the public high schools. Mr. Plummer: No, no, no, no. Outside. Mr. Heuer: In the community - in the community we will do twenty-five performances at Dade County Auditorium for which there will be a charge. Mr. Plummer: In the... oh, the Dade County Auditorium, yes. Mr. Heuer: Auditorium. Mr. Plummer: Why no the Knight Center? Mr. Heuer: The Knight Center is not an appropriate facility for opera - opera in being a world class opera company as we strive to be would not amplify sound. You want to hear the natural voice and Dade County is the appropriate facility for that. Mr. Plummer: Is Pavarotti one of the performances? Mr. Heuer: No, not this year. That's Judy Drucker's; she's bringing Pavarotti in. Mr. Plummer: Mr. Manager, what do we have left in that fund? I know we're cutting down, as I recall, each, each one is cut down what? Twenty percent a year? Mr. Odio: Yes, sir. What we would have for 188 budget would be $40,000 available. Mrs. Kennedy: But... Mr. Plummer: Well, but that... Mr. Odio: That's total. Mr. Plummer: ... that was to start two new ones, right? Mr. Odio: Yes. Mrs. Kennedy: But you see, Mr. Manager, and this is what I've been saying all along, there are festivals that are one day events in the City, such as the Goombay and the Sunstreet and many other nice festivals, there are other mechanism, other institutions like these that are - that should not be = considered festivals. Mr. Odio: Fine, but I... l Mrs. Kennedy: The economic impact that these things have to the City is tremendous and - and there should be some mechanisms so that we are not hit every time some caught up deadline, you know, that there should be some way that you must be able to do it. Mr. Odio: To, to... Mrs. Kennedy: To, to fund the Miami City Ballet, to fund the opera, to fund institutions such as these. 19 June 25, 1987 Mr. Plummer: Well, in defense Rosario... Mr. Odio: You set the policy, Commissioner. Mr. Plummer: In defense... Mrs. Kennedy: Yes, but we have to... Mr. Plummer: ... there is a proper funding source in which this Commission gives 44 percent and it's called under the tourist bed tax. Mrs. Kennedy: Right. Mr. Plummer: Now, the problem is, the City which is the contributor of 44 percent of that money, does not have direct control over that money and it is basically operated as a county function. And these people don't get the opportunity to get a nice chunk of the pie. Now, that's where the source should come from, it was... Mrs. Kennedy: Right. Mr. Odio: Commissioner, let me point out that when he says that he got $40,000 from Dade County, that is not so. They got it from the Council of Arts and Science. Mr. Heuer: Right. Mr. Odio: They did not get one dollar from... Mr. Plummer, Which, which we give 44 percent so whatever you got, half of it came from the City. Mr. Heuer: I think also though, as Mr. Traurig said, one important issue to remember is that up until the - two years ago when we brought all of our performances to Dade County Auditorium, we were receiving twenty-five from the City of Miami and thirty-five thousand from the City of Miami Beach. When we made the decision to move over here and really concentrate and bring our performances into the City of Miami completely, Miami Beach cut out that grant. They said, even though we do all of our - a lot of school performances, a lot of senior citizens, that they cut that grant and that's part of the reason we came to you. They also get money from their tourist tax and we think the opera benefits them but... Mr. Plummer: No, sir, you're wrong. The VCA has their own facility on the beach. Well, I think it really boils down to, if we want to do something, I think we all do, is to what can we afford? Mr. Heuer: Commissioner, if we have asked for more than is within your power to grant us, we would ask you to reduce the fifty thousand to some figure that you feel is fair and is an appropriate contribution from the City of Miami. We urge you to help us in this effort because we think that our program is not just for a few elite, it's for the general community and it benefits the City of Miami... Mr. Plummer: When you hear my amendment to that motion, we're going to guarantee you that it will not be for the elite because you're going to give so many tickets of the twenty-five performances to give to the inner City kids of this community. If you get a grant. And it's going to be how many tickets to based on how much you get. Mr. Heuer: We'll do that and we're happy to do that. Mr. Traurig: As a matter of fact, Commissioner, we open all of our dress rehearsals to all of the high school students in Miami as well as the handicapped... r Mr. Plummer: Well... Mr. Traurig: ... we generally have somewhere near three hundred handicapped people who come to the dress rehearsal... —1 1 20 June 25, 1987 Mr. Plummier: Well... Mr. Traurig: ... we've been very much conscious of serving the total community. Mr. Plummer: What do you want to do? Mrs. Kennedy: What? Mr. Plummer: What do you want to do? Mrs. Kennedy: I'm going to move it. Mr. Plummer: You going to move the fifty? (INAUDIBLE RESPONSE NOT PLACED INTO THE PUBIC RECORD) Mr. Plummer: You only got forty. Mrs. Kennedy: I'm going to move it. Mr. Plummer: Fine, move it; I'll second it. Mayor Suarez: You - you've got a proviso to go with the motion, but we don't have a figure so you're... Mrs. Kennedy: I'll make a motion - I'll make a motion for forty. Mayor Suarez: There we go. Mr. Plummer: And that forty, if I understand, I'll second the motion based on the fact that it comes from that festival money for next year, the 1988 budget. Mr. Carollo That is forty thousand, right? Mr. Plummer: Yes. And to that, I would like to make an amendment, with the maker's permission, that for each of the twenty-five performances open to the general public and I'm not speaking of dress rehearsals, that one hundred tickets will be made available to the City of Miami for underprivileged children. Is that fair? Because you have twenty-five hundred there. Mr. Traurig: Could, could, could we aggregate that and not say a hurdred at each performance because some performances are already sold out. But we will - but there are some performances in which those seats are easily available. Mr. Plummer: That's fine. There will be twenty-five hundred tickets made available - to be made to the City manager for each performance that there are a hundred tickets now available for and he will go about the distribution to make sure that everybody of this community has the opportunity to enjoy. Mrs. Kennedy: That's fine with me. Mr. Carollo: I hear forty, do we have fifty? Mayor Suarez: Moved and seconded. Mr. Plummer: We ain't got fifty. Mayor Suarez: Any further discussion? No further bidding. Hearing none, call the roll. 21 June 25, 1987 The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 87-596 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE $40,000 TO THE GREATER MIAMI OPERA ASSOCIATION, IN SUPPORT OF 25 PERFORMANCES TO BE HELD, SAID FUNDS TO BE TAKEN FROM MONIES EARMARKED FOR FESTIVALS IN THE FY 87-88 BUDGET SUBJECT TO SAID ASSOCIATION MAKING AVAILABLE TO THE CITY MANAGER A TOTAL OF 2,500 SEASON TICKETS (AT LEAST 100 TICKETS PER PERFORMANCE, UNLESS SOLD OUT) WHICH TICKETS THE CITY WILL DISTRIBUTE AMONG UNDERPRIVILEGED CHILDREN. 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. DURING ROLL CALL: "Mr. Carollo: Bob, even though you have some pretty poor basketball stars that play for you every now and then, I'll go along and vote yes on it. Mr. Traurig: They took that T-shirt back. Mr. Carollo: OK. Mayor Suarez: You also lost the championship after that. Yes." Mr. Traurig: Thank you very much. 12. RENAME THE RIO PLAZA HOUSING FACILITY AS BARNETT BANK RIO PLAZA Mayor Suarez: Item... Mr. Dawkins: Mr. Mayor. Mayor Suarez: Yes. Mr. Dawkins: A point of special privilege. Carlos, Carlos, come to the mike, Carlos. Robert H. Traurig, Esq.: May I call attention to the fact that one of our treasury executive committee and board of director members is Carlos Arbolella who just arrived. Mr. Plummer: You should - you should make note that he's wearing long pants for a change. Mr. Dawkins: Mr. Mayor and fellow Commissioners, I'd like to commend Carlos for again being a leader in the community and in taking the bull by the horn. Herb Bailey, will you come up and tell this Commission the trouble you had getting funding for housing in the Overtown/Park West area and how Mr. Carlos Arbolella came through and - and everyone else wants to follow suit. Mrs. Kennedy: And set and example for other banks to follow. Yes, indeed. Mr. Herb Bailey: Commissioner and Carlos, we... 22 June 25, 1987 i 0 Mr. Plummer: You're virgin on a commercial. Mayor Suarez: He's getting wound up for a commercial. Mr. Bailey: I'm stalling until I get the cookies out. was eating. Mr. Carollo: You got twenty seconds left... Mr. Bailey: Twenty seconds... Mr. Plummer: Say the magic word and the duck comes down. You caught me when I Mr. Bailey: We have been quite pleased and impressed with the leadership that Barnett Bank has taken in trying to assist the City of Miami and us in the Overtown Park/West project in getting the financing that we need. We have run into any number of stumbling blocks when we've dealt with other banks. They have come up with all kinds of ways in which they claim that it could not be done. Barnett Bank, with the leadership of Carlos and Doug Archibald, have been formidable in the front in terms of trying to bring other banks together within this City to understand their commitment to the City of Miami. And I think that's what it hinges on. Barnett Bank understands it's commitment to this community and they have, through their efforts, tried to bring other banks in to get them to have the same understanding and for that reason, we have come up with quite a few, at least two innovative approaches to financing housing in the City of Miami in addition to some support for Overtown Park/West. They have been in the fore front of providing up to six million dollars for first mortgage financing for the Melrose site project. They have been very instrumental in the east Little Havana project and they are continuing to bring together a consortium of four other banks which is Sun Bank, Southeast Bank, Florida National Bank, and NCNB to come together in a way in which as a consortium, they can pool their resources to assist us in our housing efforts. We've been ;eery pleased with their efforts. It's been going on for at least two years. We've had any number of meetings and they have hosted any number of people. Mr. Dawkins: Thank you and Carlos, we say - the whole Commission says thank you. Mr. Carlos Arbolella: Thank you very much. Mr. Plummer: Well, wait a minute. Carlos, hold it. Mr. Mayor, I made a proposal that I'd like to make into the form of a motion at this time... Mayor Suarez: Yes, Mr. Vice -Mayor. Mr. Plummer: That this Commission go on record of urging the Little Havana Development Authority to name the new facility The Barnett Bank Rio Plaza. Now, I want to tell you, I have a deep meaning for that. I'm hoping that the other projects are going to be named after the appropriate banks, whether it's this one or another one, and I would like to see instilled that they have to keep those projects very much first class and I'm sure that we can get a competitive that one bank is going to want to do better than the other bank. I would like to urge at this time, the Little Havana Development Authority... Mr. Carollo: Second. Mr. Plummer: ... to call the Rio Plaza, The Barnett Bank Rio Plaza. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. Sounds like a... The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-597 0 A MOTION OF THE CITY COMMISSION GOING ON RECORD AND URGING THE LITTLE HAVANA DEVELOPMENT AUTHORITY TO DESIGNATE THE NEW HOUSING FACILITY PRESENTLY NAMED RIO PLAZA AS THE "BARNETT BANK RIO PLAZA." 23 June 25, 1987 Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Cotoaissioner Joe Carollo Commissioner !filler J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: I get the idea that you're going to do that much of a better job of making sure that it gets built right and then maintain as the Vice - Mayor has implied with the name on there. Mr. Arbolella: I think, no question about it. Mayor Suarez: Carlos, do you have another announcement related to - or have we already heard on that, do you want to... Mr. Arbolella: I think you've already heard on it, but we've also made available $300,000 approved yesterday for the financing of a project that you - that you've got of six residences. You might want to get the input on that but as of yesterday, we approved an additional $300,000 financing for that project. Mayor Suarez: Yes, that's for the single family - are ready to take that up or would you prefer? I know you had some kind of a time consideration. You wanted it to be considered at 2:30, is that... Mr. Arbolella: Right, so... Mr. Plummer: Mr. Mayor, I'm going to have considerable discussion on that. I've got a real problem with that. Mayor Suarez: OK. Mr. Plummer: Not with you, of course, and what you're offering to do but I've got a real problem as far as the acquisition of that property and I have to get it on the record. Mayor Suarez: OK. Mr. Arbolella: OK, I... Mayor Suarez: Who was it that was going to be here at 2:30 that you wanted to... Mr. Arbolella: I think it was some of your staff that was going to... Mayor Suarez: Oh, our own staff. Mr. Arbolella: Yes, your own staff. Mayor Suarez: OK. Mr. Plummer: Yes, probably Jerry. Mr. Arbolella: I just want to say thank you, Mr. Mayor... ' Mr. Plummer: Wait a minute. Mr. Arbolella: ... and members of the Commission and all I can say is Barnett Bank is very much committed to the City of Miami and to the communities that we are in. We will continue our commitment regardless of race, color, or creed. We have a wonderful community. We have a wonderful City and we love all segments of it and we will continue to participate in all segments of it. Thank you very much. 24 June 25, 1987 Mayor Suarez: Thank you, Carlos. 11. EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS FOR MIAMARINA Mayor Suarez: Item eight, I think is the next one. Emergency ordinance. Mr. Odio: This is just confirming the action we took at the last Commission meeting. Mr. Plummer: Move it. Mayor Suarez: Move the emergency ordinance. Do we have a second? Mr. Dawkins: Second under discussion. Mayor Suarez: Second. Mr. Dawkins: Is - we have finger one or finger A or finger something incomplete, is that correct? Mr. Odio: We have one dock open and we plan to open another one this week - today, as a matter of fact. Mr. Dawkins: OK, now. So, two hundred and ten slips will bring us the half a million dollars, is that correct? Unidentified male speaker: As soon as we get... Mr. Odio: Yes. Mr. Dawkins: All right, but if we don't have them operating, how are we going to get the two - half a million dollars? Mr. Odio: Well, we will have them operating as soon as they are safe. We had to make the fire lines safe or the fire department would not allowed us to open, Commissioner. And we are in the process of replacing the PVC pipe so that they are safe. Mayor Suarez: Well, what he's saying makes sense. I mean, it may be that the fund will end up being less if we don't have it for the full operation of a year. If you have it operating for a full year. Is that a possibility? Mr. Odio: Well, let me give you an example. In one month, one dock alone, we sold $19,000, net revenue. So we... Mr. Plummer: That's half - that's half... Mr. Odio: Half the use of the dock. So. Mr. Plummer: Well, OK, go ahead. Mrs. Kennedy: OK, my question is, if you knew that this was going to cost six hundred thousand dollars in April, why is this an emergency item now? Mr. Odio: We did not know it was going to cost six hundred thousand in April, Commissioner - we - this was something that occurred after we... Mr. Plummer: At the last meeting. -� Mr. Odio: At the last meeting. Mr. Plummer: OK, under questioning. Mr. Manager, Mr. Ron Fr#zier came to see you and I - see me this afternoon. And it was my understanding that we were going to go in to the problems created. Now, Mr. Frazier tells me, just using the one example, and I, I, I'm just going to use that as an example and, hopefully, this thing is going to come back ... that he designed that fire line predicated on the specs that were given to him. And yet, it seems as how somebody is trying to say that when it exceeded those specs, the thing did not 25 June 25, 1987 l hold up and that's to be understood. When are we going to go through, because this man has had a cloud placed over his name... Mr. Odio: 1 - I... Mr. Plummer: And maybe there is some responsibility, but I think it behooves this Commission, who in the last Commission meeting did in fact bring it up, that we should go into it and find the fault and let's do something about it. Mr. Odio: I had a meeting with Ron Frazier today for the first time since this happened. He came in. We met with all the people from the City staff and there is no question that the docks are not acceptable, the design is not acceptable, and he knows it. Mr. Plummer: Well, then, you know, then I have to ask a question. Mr. Odio: Now, we're going to have another meeting with - he said that he'd like to wait then to bring the designer that he used for the docks into... Mr. Plummer: Did the City not issue a building permit? Mr. Odio: Yes, we did. Mr. Plummer: OK, I'll wait, OK. Mr. Odio: I still say... Mr. Plummer: But if the City issued a building permit on the set of specs, then it makes me believe that there might be a some different responsible party. I don't know. I'm not - I'm not trying to judge. Mayor Suarez: The figures - the figures that he gave me were that the specs indicated, I think, 200 psi for the lines and that they were tested at 350. And, of course, it didn't withstand the testing. Mr. Plummer: Mr. Mayor, that is not, I think, the real question in my mind. If the City issued a set of specs for him to design from and they call for 200 and 200 is what was provided, when they went and put pressure above that, it is not his fault. That's how I see it. Mayor Suarez: That's - that's exactly what he indicated to me, that... Mr. Plummer: OK, now... Mr. Odio: It's not only the problem with the pipe, it's the problem with the piling caps, it's the problem with the ----- Mr. Plummer: But that is one of the major problems that was outlined. I'm just saying, Mr. Manager, I want it to come back before this Commission... Mr. Odio: Sure. Mr. Plummer.: ... and let's put it on top of the table. If he is the guilty party, then he has to suffer the financial loss. Mr. Odio: But let me clarify it. We're not saying he is but he hired... Mr. Plummer: The indication at the last meeting... Mr. Odio: ... a structural engineer, no, he hired a structural engineer who he wants to bring back to a meeting... Mr. Plummer: OK. Mayor Suarez: Okay, but the Commissioner wants to set it up so that we have a full consideration of the item... Mr. Odio: Sure. Mr. Plummer: Exactly. 26 June 25, 1987 Mayor Suarez: ... because it - do we have this newspaper account and his answer privately and everything else. Mr. Odio: No problem. Mr. Plummer: OK, 1 just don't want it to get lost in the shuffle. Mayor Suarez: Any further discussion on item eight? Read the ordinance. Thereupon, the City Attorney read the emergency ordinance into the public record. Mr. Dawkins: And I got another one on Miami Beach. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE NO. 10150, ADOPTED SEPTEMBER 25, 1986, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1987, BY INCREASING THE APPROPRIATIONS IN THE MIAMARINA ENTERPRISE FUND IN THE AMOUNT OF $589,900, INCREASING REVENUES IN A LIKE AMOUNT FROM DOCKAGE FEES TO FUND THE OPERATION OF MIAMARINA THROUGH SEPTEMBER 30, 1987; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, 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. 10288. 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: Mayor Suarez recognized Alberto Gutman, State Representative who was sitting in the audience. 27 June 25, 1987 14. EMERGENCY ORDINANCE: ESTABLISH TWU NEW FUNDS: "NEIGHBORHOODS JOBS PROGRAM FY 98" AND "OFFICE OF INTERGOVERNMENTAL LIAISON FY 88" Mayor Suarez: Item nine. Mr. Plummer: I move it. Mayor Suarez: Item nine's been moved. Do we have a second? Mrs. Kennedy: Second. Mayor Suarez: Seconded. Mrs. Kennedy: There is no City match required, correct? Mr. Plummer: No, this is to buy supplies. Mayor Suarez: Any discussion? Read the ordinance. Thereupon, the City Attorney read the emergency ordinance into the public record. Mayor Suarez: Call the roll. AN ORDINANCE 71NTITLED- AN EMERGENCY ORDINANCE ESTABLISHING TWO NEW SPECIAL REVENUE FUNDS ENTITLED: "NEIGHBORHOODS JOBS PROGRAM (FY 188)" AND "OFFICE OF INTERGOVERNMENTAL LIAISON (FY 088)", APPROPRIATING FUNDS FOR THEIR OPERATION IN THE AMOUNTS OF $481, 600 AND $55,000 RESPECTIVELY FROM THE UNITED STATES DEPARTMENT OF LABOR, AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARDS FROM THE UNITED STATES DEPARTMENT OF LABOR AND TO ENTER INTO THE NECESSARY CONTRACT(S) AND/OR AGREEMENT(S) WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM TO ACCEPT THE GRANTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Kennedy, adopted said ordinance by the following vote - 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. 10289.. 28 June 25, 1987 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. 15. FIRST READING ORDINANCE: APPROPRIATING $360,000 FOR PAYMENT ON HUD LOAN Mayor Suarez: Item ten. Mr. Odio: This is to authorize the City manager to appropriate $360,000 from the Southeast Overtown Park/West Redevelopment Trust Fund for the purpose of making an interest payment on HUD section 108, loan for Phase I land acquisition and for marketing support and associated redevelopment planning activities for Phase I. And also to authorize the manager to seek approval from county Commission for the use of redevelopment trust fund revenues for these purposes. When we entered into an inter -local agreement with the county, we agreed that we would seek approval from them before we did that. Mayor Suarez: What - what is the portion having to do with marketing and what is the portion having to do with the interest payment? Matthew Schwartz: The interest payment will be between $250,000-$260,000; we'll fund that in July and $100,000 would go into, which is item number eleven, into the Capital Improvements Program to be used for project marketing and planning activities. Mayor Suarez: What - what are we marketing with that hundred thousand, presumably? Mr. Schwartz: That would be to promote - to assist the developers in promoting this for housing opportunities... Mr. Plummer: To which we're committed. Mayor Suarez: To which we're committed. But - are we committed to spend any of that money until we actually see the developers ready to put the financing package together? Mr. Schwartz: No, no we're not. Mayor Suarez: Any reason we should vote on it now as opposed to waiting until that happens? Mr. Schwartz: We need to do the appropriations for the - so we can make an interest payment of the two hundred and fifty thousand dollars in July... Mayor Suarez: Yes, I have no,prpblem with the payment. Mr. Schwartz:...August first. The hundred thousand dollars would assist us to make up for our next year's budget to be put into use next year. Mr. Plummer: Well, what you can do, Mr. Mayor, you see item eleven. Mayor Suarez: Yes. Mr. Plummer: You can pass ten and eleven but with a stipulation on eleven that none of that money is to be expended until such time as approved by this Commission. It's just establishing the fund. Mrs. Dougherty: Ah, yes, what number... Mayor Suarez: Actually, if they assure us of that and if we know that that money is not going to be used in the meantime, I'd have no problem. Mr. Plummer: It can't be. Not if we put that addition. Mayor Suarez: Right. Even without the stipulation. OK. 29 June 25, 1987 r s Mrs. Kennedy: Is that a motion? Mr. Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: Who - who's going to be - who's going to do the PR? Mr. Schwartz: That has not been determined at this time. Mr. Plummer: But it will be on competitive bidding. Mr. Dawkins: All right, there again, when it comes back, it has to be a minority - a small minority firm. Mr. Odio: We'll bring it back to the Commission. Mr. Dawkins: It cannot be a large minority firm. OK? Number two, what is marketing support and related redevelopment planning activities. What is that? Mr. Schwartz: OK. Redevelopment and planning activities would entail some additional studies that we would need to fund to look at the development potential of the area outside of our Phase I area to encourage private investment in the area. Mr. Dawkins: Well, why would that come out at a hundred thousand dollars marketing instead of coming out of your operational expense? Mr. Schwartz: Our operational expense for next year has been cut. Our general fund proposal.... Mr. Dawkins: So you're going to ride - you're going to ride on the coattail of a hundred thousand dollars to get something done that you should be doing with your operational staff. Mr. Schwartz: Well, we - our staff at this time is rather small. Mr. Dawkins: OK, well as... Mr. Schwartz: And this would be to assist it. It's going outside for outside consulting assistance. Mr. Dawkins: Well, OK. Well, before this comes back, somebody better come to my office like he go to everybody elses' office, because I got a problem with this. Mr. Plummer: Mr. Mayo., I want to move item ten and then further discuss. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Mr. Plummer: Under discussion. And I'm not going to go deeply into the subject but I want it established on the record. Two hundred and sixty thousand dollars of pure interest money is for what reason? Mr. Schwartz: It's to pay back the Section 108 loan which is five point nine (5.9) million dollars from the federal government. Approximately four (4) million dollars of that was used for the acquisition of block forty-four which is the arena site. The remainder was used to pay for the court case. The Overtown, the cost overruns. Mr. Plummer: So in other words, that is two hundred and sixty thousand dollars for the arena site in interest alone. r Mr. Schwartz: For this year, yes. Mr. Plummer: Yes, sir. Now, Mr. Schwartz, tell me what is that interest cost next year? 30 June 25, 1987 Mr. Schwartz: Next year it will be approximately six hundred thousand dollars. Mr. Plummer: Mr. Manager, what is the City being paid for the land leasehold of that property from the Sports Authority? Mr. Odio: Three hundred thousand. Mr. Plummer: Thank you, sir. I just wanted it on the record. Mayor Suarez: What did you say was the figure for next year? Mr. Plummer: Six hundred thousand. Mr. Odio: Interest might go up to six hundred. We are getting paid three hundred thousand a year for the land. Mayor Suarez: Why six hundred next year if it was two sixty this year? Mr. Schwartz: This year, the City utilized the... Mayor Suarez: Incomplete year? Mr. Schwartz: ... used the CD float program to - we haven't - we didn't draw down the full amount. That we haven't, until next month. So we were able to save a considerable amount of money on interest. Mayor Suarez: OK. Mr. Plummer: Now, let me - just for the record, just let me go one step further and then I won't have to speak to it the rest of the day. The four parcels that will be used for the off-street parking authority to provide parking for four blocks. Those four blocks, approximately, and I'm not going to hold you to a dime, what is the actual - what is the ballpark figure of the cost of acquisition to this City? Mr. Schwartz: With relocation payments, somewhere between six and a half and seven and a half million, I will have that... Mr. Plummer: And in the normal market of today, a normal return on that kind of investment is about ten percent? Mr. Schwartz: I believe so. Mr. Plummer: You think that's a fair? Mr. Schwartz: I think that would be a fair return. Mr. Plummer: Thank you, sir, I won't touch it the rest of the day, but I wanted others to hear what I had to say. Mr. Odio: For - but - for the appropriate use. Mr. Plummer: Mr. Manager, now I don't want to go into it. Mr. Odio: OK. Mr. Plummer: But he has stated for the record the approximate cost of the City is seven million dollars. And a fair return is ten percent. I think that's - anybody would say a fair return on investment is ten percent. Mr. Odio: Depending on the use. That's what I wanted... Mr. Plummer: No, sir, absolutely not. Then the use is wrong. But I - let's go into it later or you want to open the whole thing today, I will. I Mr. Odio: No, but is... Mayor Suarez: In the market, that would be the appropriate figure. Mr. Plummer: Ten percent is an adequate..... that's right. 31 June 25, 1987 01. Mrs. Kennedy: Fair. Mayor Suarez: Right. OK. Mr. Carollo: Before we get... Mr. Dawkins: Carried away here. Mr. Carollo: ... into too many other areas, I'd just like to bring one brief item up. Mayor Suarez: Let's take the vote, Commissioner. Mr. Plummer% Joe, we have a vote on the floor. Mayor Suarez: We have a motion and a second. Let's take the vote. further discussion on this item? Read the ordinance. Thereupon, the City Attorney read the ordinance into the public record. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE APPROPRIATING $360,000, FROM THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT TRUST FUND FOR THE PURPOSE OF MAKING AN INTEREST PAYMENT ON A HUD SECTION 108 LOAN FOR PHASE I LAND ACQUISITION AND FOR MARKETING SUPPORT AND ASSOCIATED REDEVELOPMENT PLANNING ACTIVITIES FOR PHASE I HOUSING DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO SEEK APPROVAL FROM THE DADE COUNTY COMMISSION FOR USE OF REDEVELOPMENT TRUST FUND REVENUES FOR THESE PURPOSES. Any 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. 16. DISCUSSION CONCERNING NEGATIVE NEWS COVERAGE OF CITY BY THE MEDIA Mayor Suarez: Commissioner. Mr. Carollo: Yes. Recently in the last few weeks, there was an excess of use of ink and paper from our local papers; both Miami Herald and Miami News. And, while it - some of the articles and editorials attacked all of the Commission as a whole at times, most of the attacks were directed at me because, according to them, I single-handedly stopped the Sister Cities International Convention from coming to Miami. Surprising enough, for the first time ever, I've seen the Herald and their sister new paper, The Miami News, be concerned about a few hundred thousand dollars coming to this community, supposedly convention monies. Many other times in the past, they certainly have not shown that interest but where I find the double standard and the irony is that they said all their attacks at me saying that it would cost this community money for that convention not coming. But then, just this past weekend, we had seven of the most important mayors from the Republic of i 32 June 25, 1987 China and Taiwan come to Miami. These seven mayors alone represented over 25 percent of the population of Taiwan in their districts, a population cf 20 million people is the population of the Republic of China and Taiwan and, would you believe it, neither the Miami Herald nor the Miami News even bothered to sent one single reporter to cover any of the functions that these mayors attended while they were here. At no time in the future that 1 could ever recollect has any country sent seven of their key mayors at one time to the City of Miami and certainly, no country has sent any delegation of elected officials that together they represented over 25 percent of the individual country. I think what this shows is the double standard that we have in our local newspapers some of our media. That they'll cover events of certain countries that are to their liking and maybe to their political style of thinking but then they will not cover the events of other countries. These seven mayors and the delegation that they brought, including consuls and ministers and so on, was probably one of the most important visits that we've had to Miami in recent times. The tourism, the commercial trade, the cultural exchange that could be generated in the future from this visit has a tremendous possibility. But nevertheless, our local papers decided that it was better to cover all kinds of other little activities that didn't come even one iota of closeness in bringing to the City what this would bring. And I just think it's a shame and it's quite hypocritical that they would attack individuals on some things and then they would not even take the first step in promoting, not this Commissioner or anyone else on this Commission, but in helping to promote Miami when foreign dignitaries like this come to our City. Mr. Plummer: Mr. Mayor, for the record, I think this Commission owns a debt of gratitude to Commissioner Carollo. He got directly involved in the stay that they had here. I was able to attend two of the functions and I want to tell you that they were very fine, the people were very pleased. They were a very happy group and knowing as I have in the past, and it is something where you get directly involved, it is a hell of a lot of work and I think this Commission owns a debt of gratitude to Mr. Carollo for a job well done, because he did do a good job. Mayor Suarez: For the record, in my over a year and one-half of being here, I've never seen a delegation representing as many as 5,000,000 people, using your figures, 25 percent of 20,000,000, including the mayors of that many important cities, and I wonder too, why no attention was paid to that by the local media. Mr. Plummer: Commissioner Kennedy will be happy. One of the seven was a lady mayor. 17. FIRST READING ORDINANCE: INCREASE APPROPRIATIONS FOR OVERTOWN/PARK {NEST REDEVELOPMENT PHASE I. Mayor Suarez: Item 11 ... Mr. Plummer: Move it, with the provision... Mayor Suarez: ... is a companion item with the same proviso... Mr. Plummer: ... that none of these monies are to be expended unless approved by this Commission. Mrs. Kennedy: Second. Mayor Suarez: ordinance. Moved and seconded with proviso. Any discussion? Read the 33 June 25, 1987 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10187, AS AMENDED THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING THE TOTAL APPROPRIATION TO THE CAPITAL PROJECT ENTITLED "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT - PHASE I", PROJECT NO. 322029 BY $100,000; SAID AMOUNT TO BE MADE AVAILABLE FROM THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT TRUST FUND; RESULTING IN A TOTAL APPROPRIATION OF $27,280,500; 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. 18. DIRECT CITY ATTORNEY TO PREPARE CHARTER AMENDMENTS FOR THE NOVEMBER 3, 1987 ELECTION: (1) MINIMUM SUBSTANTIVE SAFEGUARDS UPON WATSON ISLAND DEVELOPMENT; (2) MINIMUM STANDARDS ON RECEIPT OF PROPOSALS FOR LEASE/SALE OF CITY -OWNED PROPERTY; (3) AFFORD PREFERENCE TO LOCAL VENDORS; (4) CREATE BAYFRONT PARK MANAGEMENT TRUST. Mayor Suarez: Agenda item 12. Mrs. Dougherty: Yes, sir, Mr. Mayor. I have passed out in a separate package to you the text of each of the Charter Amendments as proposed. The first Charter Amendment is the Charter Amendment I believe that you already agreed to the .language. What it does is provide, at least with respect to Watson Island, there will be no disposition or sale of any property without the 90 day notice requirement, without competitive bidding, and without a referendum, automatically. And it further... Mr. Carollo: Automatic referendum. Mrs. Dougherty: Yes, sir. Mr. Carollo: OK. Mrs. Dougherty: And it also includes that no existing rights will be affected of the various concessionaires that are out there. Mr. Plummer: One question that I had asked before. What about if the City itself wants to engage in a project over there? Mr. Carollo: That would not be included if the City itself, and I believe we Iincluded the State or County, correct? Mr. Plummer: Is that in there? Mrs. Dougherty: It says: "The Charter Amendment shall not affect the City's use or occupancy of the area, nor shall it apply to contracts for the construction of any City facilities, or improvements in the area; further nothing contained herein shall apply to projects of any governmental agency or instrumentality." 34 June 25, 1987 Mr. Plummer: That's fine. Mrs. Dougherty: OK, the second amendment has two parts to it. You may recall the Charter Amendment that was passed last November, 1986, that was introduced by Commissioner Carollo. That one provided that if a proposal for the sale or leasing of property was not for the highest and best use at fair market value for highest and best use, then you must have three bidders, and if you don't have either highest and best use, or three bidders, then it has to go to referendum. This Charter Amendment modifies that amendment and the whole section two pays. Number one, it makes an exception for any community redevelopment projects or any moderate or low income housing projects, and it further changes it by making all proposals have to have three proposals, or all bids have to have three proposals, or it has to go to referendum. It therefore takes out the other option of having a fair market value at highest and best use. Mr. Plummer: Why not both? Mrs. Dougherty: You have to have fair market value, highest and best use, and three proposals? Mr. Plummer: Why not both? Mr. Carollo: I have no problem making it stricter. Mr. Plummer: I think that, you know, the point I have been trying to make many, many times is, and I think this Commission has, is that if they are using City property, the taxpayers are entitled to a fair return for their investment. Mr. Carollo: Absolutely. Mr. Plummer: And I have no problem with including that in this one and the inclusion that there must be a minimum of three bidders, or the referendum! Mrs. Dougherty: We will clarify that this does not contemplate inclusion in any bids that have already been received by the City. Mr. Plummer: Likewise, this one does not include any City, County, or State project, is that correct? They are not bound by this ordinance. Mr. Carollo: No. No. Mrs. Dougherty: Yes, it would include all City -owned property... Mayor Suarez: Well, that was going to be my next point now. Could we not build in that exemption that we are adding to the Watson Island referendum to this one... to the existing one? Mrs. Dougherty: This whole amendment only applies to City -owned land. Mr. Plummer: I understand that, but in other words... Mayor Suarez: A City managed and operated... Mr. Plummer: ... why wouldn't you have it on all land where you are putting it on Watson Island? Mayor Suarez: Could we not add the exemption that we are building into the Watson Island referendum to this one so that... Mrs. Dougherty: This whole ordinance only applies to City -owned land, that's what I am trying to say. Mayor Suarez: But, if the City itself builds a project, it should be exempted, or the County and the City, or the County and the State and City, as we have done in the Watson Island proposal. Is that already provided in the Charter? Mrs. Dougherty: No. 35 June 25, 1987 Mr. Plummer: 1 think that should be added. Mr. Carollo: Well, I think you have two different things. You have one that we could tighten it up to include for all projects that are City -owned and then Watson Island automatically is going to have to go to a vote to approve anything. Mayor Suarez: The same provision you put in the Watson Island amendment, put that instead in this broader and more broadly applicable Charter provision. Mr. Plummer: I would just hate to see this City's hands tied if we own a piece of property and we want to do something with it, or likewise, with the County. For example, the port, you know, there is a good example now. We didn't get back what I felt was a fair return, but it would just seem logical to me that if you applied that waiver to the Watson Island, that you would apply that same waiver which is us, the City, to City -owned property. Mrs. Kennedy: It is in the City's best interests. Mr. Plummer: Exactly, but you don't tie our hands. The City... Mayor Suarez: Do you have any problem broadening that exemption that is being proposed for the Watson Island Charter Amendment to apply now to all waterfront property? Mrs. Dougherty: No, we'll include it in this one. Mr. Plummer: Well, let me give you another example. What happens if the State of Florida gets behind this new cultural facility, OK?... Mrs. Dougherty: Understand, I understand. Mr. Plummer: ... and if they wanted to put that on a City -owned property, they would have to go through a referendum. Mrs. Dougherty: So, it is when it used for the public, for a public facility, then it would... Mr. Plummer: City, County or State... Mrs. Dougherty: Facility. Mr. Plummer:... facility. Mrs. Dougherty: OK. Mayor Suarez: What was the concern over the off street parking? What is the project that is in process, as long as...? I saw that you got a clarification there. Roger? Mr. Roger Carlton: That was at Gusman in which we had one bid and we are negotiating, the Commission has already authorized us to move forward... Mayor Suarez: Oh, I'm sorry, I... Mr. Plummer: You are surely going to do that before November? Mr. Carlton: Yes, but we just want the record to reflect that that one is not covered by this provision. Mayor Suarez: OK, that's... we're talking waterfront properties here, or Watson Island. Mr. Plummer: No, no! All City -owned property! Mayor Suarez: All? Mr. Carollo: Yes, all City -owned properties we are discussing. Mr. Plummer: That includes waterfront. 36 June 25, 1987 Mayor Suarez: That was the existing Charter Amendment that we passed already, included all City -owned properties? Mrs. Dougherty: Yes. Mr. Plummer: Yes, all this does is tighten it. Mayor Suarez: But it did not have the exemption that we are building into the Watson Island amendment for City, County, or Federal, State facilities? Mrs. Dougherty: It did not, nor did it have the exemption for community redevelopment projects. Mr. Plummer: And tightening up. Mr. Carollo: What we are talking about is on Watson Island, automatically, that would go to a referendum vote. Mrs. Dougherty: That's right. Mrs. Dougherty: The third amendment... Mr. Plummer: Wait a minute, let me enter one discussion, here, because Watson Island, in particular, Joe, is a unique piece of property. Mr. Carolle: That's why we are saying that. Mr. Plummer: OK, now, I think we need to discuss whether or not, as we all know, for anything to happen on Watson Island has got to have Cabinet approval. Mr. Carollo: Of course. Mr. Plummer: All right. Now, does that referendum kick in prior to Cabinet approval, or once Cabinet approval is approved? Mrs. Dougherty: It can be done either way. Mr. Plummer: Well no, I don't think so. I don't think we want it that way. Now, the second point is, if it goes to a referendum, what is a timely process? We surely don't want to have to call a special election which costs $100,000, and conceivably, if a man presented something in December of this year, as a proposal that we agreed upon, it would have to wait two years for another referendum. Mr. Carollo: That's not so. Mayor Suarez: Does it provided at the next regularly scheduled election? Mr. Carollo: You have for instance elections that come up... Mayor Suarez: Primaries and general, sure. Mr. Carollo: ... next year, the Presidential, the County elections and so on. Mr. Plummer: OK, all right, I just... Mr. Carollo: You always have elections in each year. Mayor Suarez: Does it provide at the next regularly scheduled election? Mr. Plummer: All right, but I would... let me go back to the other... Mr. Odio: It should be after the Cabinet approves it. Mr. Plummer: But I think that should be after Cabinet approval. Mr. Carollo: I agree. Mr. Plummer: Why go through a referendum and all of the stuff involved with it if the Cabinet is not going to approve it? Forget it! 37 June 25, 1987 Mrs. Dougherty: Do you want to write that in the Charter Amendment, or do you want to just do that administratively? Mr. Plummer: A referendum after Cabinet approval. Mrs. Dougherty: All right. Mr. Plummer: On that particular property, it's got to be. Mayor Suarez: OK, now, we've got what else on this item? I gather we have the Bayfront trust? Mrs. Dougherty: We have. The third Charter Amendment is the one that includes the 10 percent local preference for bidders, which provides that in all the acquisition of services or goods, if you have a local bidder, and they bid 10 percent or less, above the lowest bidder, then they would be awarded... you may award it to them. Mayor Suarez: Did we structure that to be mandatory, or discretionary to us? Mrs. Dougherty: We structured it to be discretionary. Mr. Odio? What was that now? Mrs. Dougherty: The local preference ordinance. Mayor Suarez: Would it work that we would get a report from staff on the bids and then the Commission would apply that discretion or does it work that that is already built into whatever evaluation is done by staff before it comes to us, the 10 percent? Mrs. Dougherty: It would be built into whatever the staff did before. Mayor Suarez: But the staff obviously should tell us that they built that in, in that particular case, in case we don't want to, if it is discretionary, right? Mrs. Dougherty: The fourth Charter Amendment is the Bayfront Park Management Trust. This is Commissioner Kennedy's proposal and it includes a trust that would manage and control Bayfront Park and any other park that you may designate in the future for their control. Mrs. Kennedy: Let me speak on behalf of this for a second. There are certain concerns. One of them, I feel that the board should be less than the 30 people that we have, that board members should reside in the City of Miami, or have their principal businesses in the City of Miami. Mr. Carollo: They should reside in the City of Miami. Mr. Plummer: Reside. Mr. Carollo: Should reside, with us peons. Mrs. Kennedy: Or have their principal... OK. OK, and that this Commission should have the approval of the general manager of the park, nominated in turn by the board, but I think that the full responsibility should rest with this Commission. Mr. Carollo: That's the second part I'm in favor of. Mrs. Kennedy: And Alan Greer is here if... Mr. Carollo: But I want it to be very specific and clear that they must live in the City of Miami. Mr. Plummer: Exactly. Let me go a little bit further, because I've got some real problems here. You have spoken... well, discussion has centered around that they must live in the City of Miami. You have discussed that it be less than 30 members. I don't know any board in this community, maybe other than a ' board of directors that is 30 members. I think it should be more like seven I or nine. I am not trying to set the number, but I think 30 is completely out of question. 38 June 25, 1987 Mayor Suarez: You forgot the Orange Bowl committee) Mr. Carollo: Let's go with 12. We could call it the dirty dozen. Mr. Plummer: I stand corrected. All right, I've got a problem also with the appointments to that board. It is said on the concept using the number of 30, that this Commission will appoint 10, and that 10 will appoint 20 more. Now, I can't stand still for that, especially when they are also asking in this ordinance, or this amendment, that this City will indemnify any actions they take. There is absolutely no way that I could sit here and agree to indemnify the actions of that board if I don't have the input of who is going to be on that board. I say the City Commission has got -to appoint all the members of that board, without question, if you expect us to indemnify. Now, going further, that board is going to be self-perpetuating because they say they are going to name the chairman. I say that is a right that has always been reserved to this Commission. They are asking in this ordinance that any subsidy that they don't generate, that this Commission will pick up and give to them in the way of subsidy. They have shown no budget projections. I have not seen cost factors and as far as I am concerned, I am not writing anybody a blank check. Now... Mayor Suarez: Wait, wait, what was the... I missed that, I'm sorry. Mr. Plummer: In other words, any deficit in the 0 & M of that park, and that's not clear. Alan, I wish you would speak to that, because it is my understanding that this authority, this board, is going to pick up the total cost of 0 & M of that park. Mr. Alan Greer: Mr. Commissioner, Alan Greer, 25th floor, 1 Biscayne Tower. On the budget projections, we have had Lloyd, Haskins & Sells do a whole set of budgets, which we have sent to the Commission. The City first would normally cover, if this was just purely a City park, the City would pay for all of the maintenance and all. Mr. Plummer: No, sir, you are not correct. That is, if the City did not put this out to a professional promoter and then the City would make money off of the thing. So, you know, I say to you, if there was no potential of a professional promoter, then you would be correct, but there is that great potential. So, I can't use that argument holding any water. Mr. Greer: Commissioner Plummer, I can't deny that if you put it out to a professional promoter, you might gain more money, but what you would do would be cut off the community from the park, so... Mr. Plummer: No, sir, I can't agree with that, because as the same way we have written in to other agreements, I am saying to you that we could make that through a professional promoter, 100 days free of charge to the community for local presentations. We have done it in other contracts. Mr. Greer: Commissioner, you could do that, but the good days, the days that you want the community to have access to it for a lot of different reasons would be greatly limited, plus the fact that this park is such a -central focus point for the City of Miami. It's the plaza of the City. Mr. Plummer: I hope you are right, I hope you are right for $29,000,000. Mr. Greer: Well, we think we can make ourselves right, Commissioner. Mr. Plummer: Well... Mr. Greer: But... I Mr. Plummer:... the point that I am making, this audit, which was done, sir. What projections were used in that audit? Mr. Greer: We used a series of projections - worse case, best case. j Mr. Plummer: And what...? Mr. Greer: Looking at a minimum of 18 paid events a year to generate sufficient monies to operate the trust and produce an overage which should be enough to cover the maintenance of the park. 39 June 25, 1987 Mr. Plummer: Based on how many seating? Mr. Greer: Based on 10,000, with the Decoma... Mr. Plummer: Which you know you can't do at this present time. Mr. Greer: That is correct. Mr. Plummer: That is more than double. You see, you used projections, Mr. Greer, and I am not holding your feet to the fire, sir, OK? I wish somebody else was standing there, because you are my friend, but I am a taxpayer I am supposed to represent the taxpayers. You are using a projection of 10,000, fully knowing that there is an absolute prohibition above 4,000. Now, so the numbers which you have supplied us, sir, don't hold any water. Mr. Greer: Mr. Commissioner... Mrs. Kennedy: OK, if I may interrupt for a second. Mr. Manager, didn't you tell me yesterday that you would be able to correct very nicely...? Mr. Odio: I said that I would try very hard to negotiate the 4,000 seats requirement out. Mrs. Kennedy: And there was a very good chance of doing it. Mr. Plummer: Rosario, that is a wish... Mr. Odio: The word that I got yesterday is not very encouraging. Mr. Plummer: That is a hope. You know, if he came here today or tomorrow and said to me, "This is emphatic, we can do 10,000," then in fact, I could think differently. Mr. Odio: I asked Alan... Mr. Plummer: But, I've got to think, as he said, a good and a bad scenario. Now, that is only one of the points that I want to make, so I don't want to get deviated off, OK? Mr. Greer: Commissioner, can I say one thing on that before we move off on that? First, on the 4,000 seat restriction, if Decoma does not lift that, you wouldn't get a professional promoter to come in there under any circumstances, because they couldn't make it pay themselves. Mr. Plummer: You will never know that until you try, OK? Mr. Greer: You probably are correct on that, but I think all of the studies would indicate that that's the way it would work. Mr. Plummer: I am not going to dispute you, I can't. Everything in life i!s measurable and there is nothing here to measure against. Now, Mr. Mayor, I would like to get these amendments into this thing, as I have said. You knew, I have to be very honest and above board. I personally don't think that this private authority is going to be able to be successful. I must put that on the record. Now, second of all, I am saying is that these things that I have addressed: residents must be in the City limits. The membership, we have got to establish a number. The indemnification, we have got to establish a number; that the subsidy, we have got establish a maximum subsidy; that we have got to assume that we, the Commission, are going to name the members as we do on all other committees, that is fact that the chairman will be reserved until this City Commission... I don't just don't think it is fair to ask this Commission to pick up any deficit and indemnify a group which we don't appoint. I just don't think that is even fair. Mr. Greer: Mr. Commissioner, I think your appointment powers should rest in this board, first. Secondly, on the indemnification... -ar- Mayor Suarez: Meaning, just to make sure we understand each other, because we talked about this, Alan, and I had the same concern, that the Commission would make the appointments? 40 June 25, 1987 Mr. Greer: Yes, sir. I think certainly... Mayor Suarez: Whatever number we finally... Mr. Greer: Yes, whatever number you arrive at. I think a minimum number should... I would suggest 15, but that is a suggestion. Mayor Suarez: I like the idea of 15. Mr. Greer: And I think certainly you will take suggestions from the community, various groups, who they would like to see on the board. Mr. Plummer: Very definitely. I would even be agreeable, OK, that we have nothing but veto power, if you want. I'll go along with that, that you supply names to us and suggestions to us, and that we pick that number from your suggestions of people who are very fine people putting their shoulder to the wheel. You might not come up with 15 for 15. You might have... Mayor Suarez: You lose my vote if you change that format. I'd like the Commission to make the selections. Mr. Plummer: OK, fine. Mrs. Kennedy: OK, fine, if we don't include places of business in the City of Miami, believe me, we are going to lose a lot of good people on that board and that's a normal standard. Mr. Dawkins: Can I remind this Commission... Mr. Mayor... Mayor Suarez: Yes, Commissioner Dawkins. Mr. Dawkins: ... can I remind this Commission that you have set a time of leaving here at 6:00 o'clock and we have been on this item I don't know how long, and it looks like you are headed for another 30 minutes, and this is just the eleventh item on the agenda. Mr. Greer: Commissioner, I will try to make my remarks very brief... Mr. Dawkins: Not you sir, I am talking to my fellow Commissioners. Mr. Plummer: He is talking to me. Mr. Greer: Mr. Plummer, on the indemnification, the State has now passed a law that protects the volunteer board members heavily from liability. Mr. Plummer: Only up to two hundred and fifty thousand at the most. It is called sovereign immunity and the State of Florida has yet to pay the first dime. They send it back and tell the local community to pay it. Mr. Greer: No, your Honor, it... Your Honor, I think I am back in court! Mayor Suarez: He's got some honor! Mrs. Kennedy: That was Maurice Ferrel Mr. Plummer: What do you mean, some? Mr. Dawkins: That will not get his vote, that will not get your vote, though. Will it? Mayor Suarez: Before we get into that, let me ask the procedure, because Commissioner Dawkins is right, we have got much to do today. Now, after... let's assume we pass this in some modified form, Madam City Attorney. What other hearings would we have to have before this gets on the ballot? This would be it? Mrs. Dougherty: Just one more. Mayor Suarez: Just one more? Wait, we have to have another hearing. i Mr. Plummer: Public hearing. i 41 June 25, 1987 Mayor Suarez: Now, is this subject to the same procedure that if we make substantive amendments, it becomes a... Mrs. Dougherty: No, there would only be one hearing. What you are doing now is directing me to prepare the Charter Amendments to bring them back for your final approval. Mayor Suarez: Yes, this is sort of by way of a caveat in following up on what Commissioner Dawkins says. We can make many modifications. 1 think we have expressed many of our concerns about this, unless the Commission felt disposed to simply turn down the whole idea, which I haven't heard anybody say yet. Mr. Dawkins: That's my proposal. Mayor Suarez: GK, now we have got one that says turn down the whcle issue. Mr. Dawkins: Mr. Mayor, please. You know, I see this as another means of bureaucracy... Mrs. Kennedy: I don't think I heard you... Mr. Dawkins: ...to prevent... go ahead, Madam. Mayor Suarez: He says you are creating another bureaucracy. Mr. Dawkins: Go ahead, Madam Commissioner. Mrs. Kennedy: I'm sorry. Mr. Dawkins, let me just ask you what it is you are saying. Mr. Dawkins: Go right ahead. Go right ahead, when you have finished, I will go ahead. Mrs. Kennedy: No, no, I just want to ask you to repeat what you said. I don't... Mayor Suarez: That you are creating another bureaucracy. Mr. Dawkins: I said I see this as another layer of bureaucracy, OK? Now, all you are doing is saying to me that in the event minorities choose to participate, then they must go through a long, drawn out procedure, which they do not have time to do, because they are working trying to earn a living, and do other things, OK? On the Watson Island deal, you have minorities participating, who had never been able to participate before. That was thrown out. Now you are coming up with an amendment, Charter Amendment, where, if a minority, or minorities choose to develop Watson Island, they must put it out to a referendum and the whole City of Miami must approve. Then you come up with your other referendums, and all you are doing is avoiding what the voters elected you to do. You were elected to make decisions that you are sitting up here, giving back to the voters through some form of referendum and therefore, I will be voting against the whole thing and that is just one vote. Mrs. Kennedy: Would you like some minority representation on this board? Mr. Dawkins: Why weren't they considered before now? Why would I have to bring it up for you to decide that you want to have some minority participation? Mayor Suarez: He makes a very, very important philosophical point on all of this, really. Why are we going to divest ourselves of the power to do these things, and I know that... I've heard the argument, Alan, and I have told you that I would be willing to defer to your judgement that you need experts to handle this and this is also a way to get people who would otherwise not be involved to put their resources and their time, but I tend to agree with what Commissioner Dawkins said. Mr. Vice Mayor. Mr. Plummer: Well, I mean, you know, I was going to try to save this thing if I could. Just to have the opportunity of the public to speak, that is what 1 we are talking about. Mr. Greer: Absolutely. 42 June 25, 1987 Mr. Plummer: But, if you can't make some of these compromises, then I've got to tell you something, I've got to be honest with you, then I've got to vote against it also. Mrs. Kennedy: OK, Alan, let's start... Mr. Greer: Commissioner Plummer, I think we can clearly work out most of the problems you have raised, as the City... Mr. Plummer: Well, we have got to do it right now and do it quickly, OK? Mrs. Kennedy: OK, Alan, go ahead, let's start compromising. The number of members... Mayor Suarez: In order to have a public hearing, for my vote, and I think the Vice Mayor's vote to even have a public hearing, you would have to agree that the members would be selected by the Commission... Mr. Greer: Absolutely. Mayor Suarez: ...that they would have to live within the City of Miami? Is that... Mr. Greer: I would urge they... Mrs. Kennedy: Or? Mr. Greer:... live, or have their principal place of business. Mr. Plummer: No, sir, no, sir. Live... Excuse me, Alan, the policy of this Commission right now is that all appointments to boards have to be residents of the City of Miami. Mrs. Kennedy: Am I incorrect then, in saying that they can also have their places of business, Mr. Manager, in the City of Miami? Mr. Plummer: No. To my knowledge it is only, they must be residents. Mr. Odio: They must live in the City. Mr. Plummer: Yes. All right. Mr. Carollo: I think that and I am willing to compromise in different areas, but one of the areas that I feel strongly on is that they should live inside the City of Miami. Mrs. Kennedy: Well, let me just bring up a point. Mr. Carollo: OK. Mrs. Kennedy: Mr. Ed Swanson, member of this board, gave us the other day, $10,000 towards the finishing of the park. I don't know if he lives in the City of Miami. Mr. Greer: He does not. Mrs. Kennedy: Tina Hills... he does not? We are going to lose a tremendous important number of people if we have that. Mr. Plummer: We do that on every board that we have! Mr. Carollo: Well, no doubt, some of the names that you mentioned and I know Mrs. Hills has been working on this for many years. Mrs. Kennedy: Right, and she would like to see something... Mr. Carollo: They have been tremendous pillars in helping with the park, and Mr. and Mrs. Hills are some of the few that have put their monies where their mouth is. Mrs. Kennedy: That's right. 43 June 25, 1987 Mr. Carollo: That's more than I can say for some others. But if we start making these extreme exceptions, I think we are going we are going to fall into problems. Mrs. Kennedy: Let me just hear from Mrs. Hills. Mr. Carollo: I wouldn't have any problems in naming Mrs. Hills if she does ' live in the City, and I don't know if she does or not, as honorary chairperson of it, but you are talking about actual board members. I think we have to follow the procedures of all our other boards. Mrs. Kennedy: OK, let's hear from her for a second. Mrs. Tina Hills: Mr. Mayor and Commissioners, I think that we all... Mayor Suarez: Why don't you, just for the record, put your name and address in to the record. Mrs. Bills: I'm Tina Hills, and I live in the City of Miami, I live in Bay Point, and have been a resident of the City of Miami since I have been in Miami, which is over a quarter of a century. So much work by all of you, by many of us in the private sector, as volunteers has gone into this park. We are almost to see it really crowned in glory in another year. All the money, or practically all the money and the funds are here to finish it. We have the tremendous success of Bayside, which needs not only its marina finished soon, or completed, but we also need Bayfront Park and I think we are all talking with the same love, with the same interest for our City. This is a regional park. It is going to be used by every citizen in the City and the County. We cannot forget that. It is a glory for the City. Mr. Plummer: Tina, anything, any regional... Tina... Mrs. Hills: However, sir, I agree the Commissioners should pick the members. You are absolutely correct in that. There is one success that I had, at least in the beginning something to do with, which is the cultural center. It is Dade County. Mr. Plummer: Who is responsible for all regional activities, solely responsible to the County. Mrs. Hills: Well, right, oh yes, it is. Mr. Plummer: Yes, Ma'am, yes. Mrs. Hills: And the members are elected by the Commissioners. At the offset, we proposed that the group of volunteers that were putting all the elements together, and at that time, I was the chairman of the Council For The Arts and Sciences and we were given the task to put all of that together, including the JI covenants. We were requested, after many, many bearings, to present a group of 45 names from the County, City and the regional... the district of the County, and the Commissioners chose 15 out of the 45. I don't know... it worked very well. We presented 45, the Commissioners chose 15, so the board is composed of 15. I don't know if in the interim period they have changed, -� they have more, or they have less, I don't know, but that was a very, very good beginning, and this is just a recommendation to all of you that that could be worked that way, but I do recommend, gentlemen, and lady, that this needs to be open to others that do not live in the City, but live... what are you going to do with those that live in Brickell? Mr. Plummer: That's the City. Mrs. Hills: It is the City? Mr. Plummer: Yes, Ma'am. Mrs. Kennedy: And Tina, let me just put on the record a question. Mayor Suarez: We are going to encourage more to move to Brickell. Mr. Plummer: That's right. Mayor Suarez: I'm sorry, Commissioner. 44 June 25, 1987 Mrs. Kennedy: Yes, let me just put on the record a question that I just posed the City Manager. Those members of the D.D.A. board and the Off -Street Parking board, do they all live in the City of Miami? Mr. Odio: According to the City Attorney, those boards were instituted by State statute. Mr. Plummer: Well, let's talk about something more important. If you want this thing to pass, there are three votes here that says that it has got to be City residents. Nov, if you don't want it to pass, then, you know, let's quit talking. I mean, three votes here, Tina, says that it is going to be City residents, and if you don't want to do that, you know, then I assume the issue is going to fail. Mayor Suarez: I am looking for a consensus. I didn't say you have to live in the City, but I am looking for a consensus, and I think it is consistent with what we are doing. Most of the other boards, if not all, that's... Mrs. Kennedy: But if you did an exception for the D.D.A. and the Off -Street Parking boards, why can't you make an exception for this board, which is terribly important for the success of Bayfront Park? That's all I am asking. Mayor Suarez: Well, how about if we make that modification at the public hearing, Madam City Commissioner? Mrs. Kennedy: OK. Mrs. Hills: It is going to be very difficult to get the volunteers that you really need at the very beginning, to make this as successful as we all want it to be. Mr. Plummer: All right, let's talk about, Mr. Manager, with you, based on deficit. Now, my understanding is this board is that it's going to be totally responsible for all the operating expenses and maintenance of that park - totally. Mr. Odio: Yes. Mr. Plummer: OK, now, based on that, what deficit funding is going to be, if any, picked up by the City? Mr. Odio: None, I don't think any... Mr. Plummer: None. Mr. Dawkins: All of it, all of it. Mr. Plummer: OK, that is what I want to make sure of! Mr. Dawkins: All of it. Mr. Odio: Commissioner, I have not made... Mr. Plummer: Wait a minute, the next question is, and I am in agreement with that. If there is a deficit, and they don't have the money, then what happens? Mr. Carollo: The editorial board of the Miami Herald will send a check for it. Mr. Plummer: Yes, right, that is when they take the snow plows off of Flagler Street. No, hey, let's talk reality. Mr. Odio: The fact is, the City will have to cover. Mr. Plummer: No, no! Mr. Odio: Oh, yes! Mr. Plummer: No, no, no. 45 June 25, 1987 Mr. Dawkins: Yes, yes, yes. Mr. Odio: Yes, yes, I agree with... Mr. Dawkins: Who else is going to pay it, J.L.? Mr. Plummer: Well, that is what I am asking. Mr. Dawkins: There is nobody else to pay it. Mr. Odio: It will be a City deficit. Now, on the other hand, as I told Alan Greer in one meeting, that if they have a surplus, that it should come back to the City, too, and I... Mr. Plummer: No, they ought to hold it in reserve for a bad year. Mr. Odio: But, I mean... Mr. Dawkins: No, give it to us and let us hold it. Mr. Plummer: At least 20 percent. Mr.,Odio: But, we control that surplus. Mr. Plummer: Well... Mr. Odio: By we, I mean you, the Commission. Mr. Carollo: That is my concern now. If there is a deficit, here we go again, cover itl You know, the way we are running this City, and I think we are in a pretty reasonable financial situation, compared to the County or other cities, right now, but the way we are going about it, we are going to be as deep in trouble as some as these other governments in the near future. We have no respect for money. Mr. Plummer: And we can't... Mr. Carollo: It is not run like a private corporation like we should. Mr. Greer: But, Commissioners, as long as you have got the 4,000 seat restriction on the amphitheater, which is principal funding source within the park, you are a guaranteed the deficit. Mr. Plummer: Well, but you see, that is the problem. The problem is that we basically are not... we the Commission, the elected representatives of this community, are not going to have a direct say in that. We are abdicating that authority to you, but yet, if the deficit occurs, you know where it is coming back? You are not going to be hit in the editorials, we arel Mr. Dawkins: Not only that, we already said, see, and this is nothing strange, that the amphitheater that you are building would be in competition with the arena, with the Knight Center and with Dade County, Gusman Hall and the rest. Mr. Plummer: Gusman Hall... Mr. Dawkins: So therefore, we just can't allow you, and we said this before we even got here, to have any number of seats that you want, and push these other people, but I mean, where are they going, what are they going to do? Mr. Greer: Commissioner, but this is a City of Miami park that is going to be there... Mr. Dawkins: That you are spending $29,000,000 in, and now you want the City to pick up any other deficit. Mrs. Kennedy: If you can keep your head when those about you are losing theirs .... Let me just clarify something, to see if I am listening right. What you are saying then, is that, we, this Commission, is going to pick up "X" number of individuals and they are going to put up their own money? Mr. Plummer: No. E-V June 25, 1987 Mrs. Kennedy: If there is any deficit! Mr. Plummer: No, but 1 am asking where is the money going to come from? Mr. Carollo: If I may make a statement... Mr. Plummer: We... look... excuse me, Joe, to answer her question. The five of us sitting here are prohibited by law from going into deficit. We can't do it, we can all be removed from office. Mr. Dawkins: And go to jail. Mr. Carollo: That's correct. Now, if I can make... Mr. Plummer: Now, you know, I am saying and I tell you something - I want to be very honest with you. The first year you go into deficit, I am going to move to abolish the Authority. Mr. Carollo: If I could make a statement, light. Mayor Suarez: Commissioner, go ahead. Mr. Carollo: Since we have kind of been a little too serious already at this, you know, I hope you don't mind me editorializing, since some can do it... Mr. Plummer: I will not pay 25 cents to hear this. Mr. Carollo: ... some can do it every day. I only have twice a month in order to do it in. I remember a few years ago that I again was the bad guy on the Commission, which is usually the case anyway, according to the Herald, and the reason was that I said we should not tear down the old library. I was told that, no, you have got to do it, it is not enough putting Japanese lanterns around so that some people can be happy, it has got to go down because it is blocking the view of the bay. Well, eventually, time passed, the library was torn down, and I tell you, I am glad that it was torn down, because if it hadn't been, there wouldn't be a single space that you could see the water, because everything else is a park now, you can't see the water. Thank God we tore down the library, so we could finally see the bay, because all the other area there, was going to be so beautiful, we could see the bay; you can't see the bay anywhere else now, except where the old library used to be. Mrs. Kennedy: OK, but that was before our time. Anyway, let me just offer a motion. Mr. Carollo: No, no, this was during all our times, before and after. Mayor Suarez: One last clarification, Madam Commissioner. Vice Mayor Plummer made an interesting point, I just want to clarify. Supposing at some point we create this trust, we decide we want to take back the powers. Has anyone proposed, Madam City Attorney, how exactly that would be effected by the Commission? Would it have to be by another Charter Amendment, then? Mr. Plummer: No, no, that will be built into this one because... Mayor Suarez: That is what you want to do, you want to build it into this. Mr. Plummer: The majority of this Commission at any time can abolish the Authority. Mayor Suarez: If we are going to have to pay the bills for any overrun, obviously it would have to have some kind of a provision to that effect. Mrs. Dougherty: We might as well just have an ordinance. Mr. Plummer: Well, see, I don't know why we are doing this even in a referendum. I don't know, it is not necessary, is it? Mr. Carollo: It's not necessary. Mrs. Dougherty: If that is what you want to do, to be able to take the powers away at any time, then there is no reason to have a referendum. The reason for the referendum is to have them in perpetuity. I, 47 June 25, 1987 Mr. Plummer: Well, in perpetuity means everything is going to go right. Mrs. Dougherty: Right, well, you could establish the trust by an ordinance. Mr. Plummer: Hey, look, can we try to get something at least to get off dead center? Mrs. Kennedy: Can 1 make a motion? Mr. Plummer: Well, go ahead. Mrs. Kennedy: OK, that we appoint a 15 member board, that the board is appointed by this Commission, and that this Commission controls all the expenditures. Mr. Plummer: And names the chairman. Mrs. Kennedy: And names the chairman, I accept that. Mr. Plummer: And that the residents and the members have to reside in the City limits of Miami. If that is your motion, I will second it. Mr. Carollo: I'll second that motion for the purpose of making a substitute motion. Mr. Plummer: Oh, ohl Mrs. Kennedy: Oh, nol Mayor Suarez: Moved and seconded. We have a substitute motion. Mr. Plummer: I'll second the motion. Mr. Dawkins: You have got a second? You've got a substitute motion? Mr. Carollo: My substitute motion is that this Commission goes on record in being against a strong newspaper form of government and the so called non - group. Mr. Plummer: And the so called... Mrs. Kennedy: What? Mr. Carollo: Non -group. Mrs. Kennedy: What has that got to do with my Bayfront Park? i Mayor Suarez: So moved. Going once... Mr. Carollo: What does it have to do with it? Mayor Suarez: Going twice. Mr. Carollo: I'll tell you what it has to do, if you don't learn from history, history repeats itself. Think about that a little bit. Mayor Suarez: Do you want to... Madam City Commissioner, anything else? Mr. Dawkins: Madam City Attorney... Mayor Suarez: Do we have a second on that motion? 1 Mr. Carollo: There is only one motion. Mr. Plummer: On the motion I made. Mr. Dawkins: There is only one motion. 1 Mayor Suarez: On the substitute motion, no. Mr. Carollo: There is only one motion. 48 June 25, 1987 Mr. Dawkins: No, nobody, Joe was just kidding. Mr. Carollo: The original motion. Mayor Suarez: OK, there is no substitute motion, all right. Mr. Carollo: That was supposed to be a little light. I know you have had a hard time... Mr. Plummer: Fine. Mayor Suarez: We could have an interesting philosophical discussion on the Issue. Mr. Dawkins: Madam City Attorney. Mrs. Dougherty: Yes. Mr. Plummer: What the hell is wrong with including the substitute, which I don't even understand, I don't think... Mrs. Kennedy: Because I can't understand itl Mayor Suarez: Commissioner Dawkins and then I am going to take your comments relevant to the motion and the second that we've got. Mr. Dawkins: Madam City Attorney. Mrs. Dougherty: Yes, sir. Mr. Dawkins: Point of information. We have, we are discussing Charter amendments and then we come up with a motion, is that in order? Mr. Plummer: No, this is a motion to direct the City Attorney... Mr. Dawkins: Are you the City Attorney? Mr. Plummer: I'm sorry. Mrs. Kennedy: Yes, to the City Attorney. Mr. Dawkins: If you are the City Attorney, let me know. Mr. Plummer: I wish the hell I was, I would make a lot more money than a funeral director. Mr. Dawkins: Yes, Madam City Attorney. Mrs. Dougherty: This resolution that you are passing today is to direct me to prepare the language... Mr. Plummer: For the public hearing. Mrs. Dougherty: ... in accordance with your wishes on this item, so this motion is in order. Mr. Dawkins: Thank you. Mr. Carollo: If you want to be City Attorney, you have to pass a test. Mr. Plummer: I'll call South Miami. Mr. Carollo: If you can spell Carl Hiaasen... Mr. Plummer: The grande "payaso" Mayor Suarez: All right, we have a motion and a second. Any further discussion? It is only to have a public hearing on the issues as presented. Any further discussion? Call the roll. 49 June 25, 1987 M Mr. Plummer: wait a minute, wait a minute, discussion. Madam City Attorney, are any of the points, mentioned in Commissioner Kennedy's motion, is there any potential that you can see that a substantive change would be made and have to go for another first reading? Mrs. Dougherty: No, sir. Mr. Plummer: Thank you. Mr. Carollo: Well, this is only for an ordinance or to bring it up to... Mr. Plummer: Joe, my only concern is that we must pass this in July to get it on the November ballot. Mr. Carollo: Yes, J.L., but my whole question is, after they have a deficit, then what? You can't do away with it. Mr. Odio: Let me... Mr. Carollo: If there is bad management, and we keep having deficits, like I am sure is going to be the case. Mr. Odio: Well, we need to control... I think we need to keep control of their budget and we need to make sure the assumptions they are making in revenues are correct, and then, look, if we ran the park, the City would be totally responsible, so... Mr. Dawkins: Mr. Manager... Mr.Greer: Commissioner, you approved the budget anyway. Mr. Carollo: We will have complete say-so if we run the park. Mr. Plummer: That's right! Mr. Dawkins: Mr. Manager, how are you going, you or anybody else, going to ensure that each performance that they have, they will have the 4,000 attendees that they say they have to have to break even? Mr. Odio: Well, then cannot sell more than that in tickets, period. Mr. Dawkins: OK, well how are you going to be sure that every performance that they have, they are going to break even? Mayor Suarez: There is no assurance. Mr. Odio: There is no assurance. Mr. Dawkins: All right then, so you are going to... OK. Mayor Suarez: There is no assurance. Mr. Plummer: Madam Commissioner Kennedy, there were two other points in there. One, that this Commission will name the executive director... name or approve the executive director. And the other point... oh, three votes of this Commission could abolish the Authority, right? Mrs. Kennedy: Yes, I accept it. Mr. Plummer: OK. Ms. Gloria Rosello: I am a citizen of Miami, most of you know me. 1 Mayor Suarez: Put your name on the record, and address. Ms. Rosello: Gloria Rosello. I came here for something else, but this is a very interesting point. I congratulate you, Mr. City Manager, because to have everybody on top of you, that is a job. I congratulate you, Mr. Carollo, because to face the Miami Herald, that is a good job. We don't read it anyway, we don't pay attention to it anyway, so don't worry about it. Mayor Suarez: Gloria, please address the motion. 50 June 25, 1987 t r Ms. Rosello: But, the problem... Mr. Plummer: No, no, I'd rather hear what she is talking about. Ms. Rosello: But, it is, let's face it, you know? Mayor Suarez: The motion and the second on these ordinance is, Charter Amendment. Ms. Rosello: The problem of the parks... it is beautiful to see Miami beautiful, OK?... but the only thing that I am against is that every time that it is talked about a project of Miami of this sort, everything goes all right till you put in the minority groups. When the minority groups are put in, that is when the problem begins to arise, and nobody talks about the minority groups. It is only the people that have the money up there, and that is what I am talking about because the only one that addressed to that was Mr. Miller Dawkins and I think that that is a very good point, because on Bayside to have a pina colada you need $8.50, and I don't think that any of the people that live in the City of Miami that work in a factory could go there and drink a pine colada. Mr. Plummer: Mr. Mayor, so that I don't make a substantive change... Mayor Suarez: Yes, Mr. Vice Mayor. Mr. Plummer: ... I would like to ask Commissioner Kennedy... Ms. Rosello: Thank you. Mayor Suarez: Thank you, Gloria. Mr. Plummer:... to include one other amendment, that this Commission, and it might be defeated at the public hearing, that this Commission reserves 25 days out of 365 to delegate for City intended uses in which we will hold the approval, not on key dates. In other words, you know what is happening now with Gusman Hall. If they come here, we can't approve Gusman Hall in a waiver, so I am saying reserve 25 days out of the 365 for the City, not key dates, and you can spell that out if you want, Madam City Attorney. It might be defeated at public hearing, but I want to put it in now, so it would not be a substantive change at the public hearing. Mr. Greer: I don't think that would be a problem. Mayor Suarez: That's built into the motion. The second accept that? Mr. Plummer: I am the second. Mayor Suarez: The movant accept that? Mr. Carollo: It is only a motion for public hearing, right? Mayor Suarez: Right. Mr. Plummer: Well, with these instructions to the City Attorney. Mayor Suarez: Right. Mr. Carollo: We can air all this out. Mayor Suarez: Call the roll. :I Mr. Plummer: I guess we should... 1 Mayor Suarez: Call the roll. 51 June 25, 1987 W 0) The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-598 A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE THE FOLLOWING CHARTER AMENDMENTS FOR THE NOVEMBER 3, 1987 ELECTION, PURSUANT TO ORDINANCE NO. 10116, ADOPTED JUNE 12, 1986; CHARTER AMENDMENT NO. 1, TO PROVIDE MINIMUM SUBSTANTIVE AND PROCEDURAL RESTRICTIONS AND SAFEGUARDS UPON WATSON ISLAND DEVELOPMENT PROPOSALS; CHARTER AMENDMENT NO. 2, TO REQUIRE THAT A REFERENDUM BE HELD WHEN THERE ARE LESS THAN THREE (3) PROPOSALS RECEIVED FOR A PROPOSED LEASE OR SALE OF CITY -OWNED PROPERTY AND TO PROVIDE EXEMPTIONS FROM SUCH THREE (3) PROPOSAL AND REFERENDUM REQUIREMENTS FOR CERTAIN CITY AND/OR GOVERNMENTAL PROJECTS; CHARTER AMENDMENT NO. 3, TO AUTHORIZE PREFERENCE TO BE AFFORDED VENDORS AND/OR CONTRACTORS SITUATED IN THE CITY IN THE AWARD OF CITY PROCUREMENT CONTRACTS; AND CHARTER AMENDMENT NO. 4, TO CRATE A BAYFRONT PARK MANAGEMENT TRUST COMPOSED OF FIFTEEN (15) UNPAID MEMBERS SERVING STAGGERED TERMS WHO WILL BE RESIDENTS OF THE CITY AND APPOINTED BY THE CITY COMMISSION WHOSE PURPOSE SHALL BE TO OPERATE AND MANAGE BAYFRONT PARK AND SUCH OTHER CITY PARKS AS MAY BE DESIGNATED FROM TIME TO TIME BY THE CITY COMMISSION FOR THE PURPOSE OF INSURING MAXIMUM COMMUNITY UTILIZATION AND ENJOYMENT OF SAID PARKS. (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 Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSENT: None COMMENTS MADE DURING ROLL CALL: Mr. Dawkins: I vote no for the reasons stated. Mr. Carollo: I vote yes, only to have the public hearing. Mr. Plummer: I vote yes for the reasons stated. Mrs. Kennedy: Can I ask permission of this board then for the City Attorney to go ahead and prepare this? Mr. Plummer: That is what we just made into a motion. Mrs. Dougherty: No, she is asking for... Mrs. Kennedy: Without the referendum. Mrs. Dougherty: Instead of having a Charter Amendment, just an ordinance creating the board, therefore you don't have to go to referendum. Mr. Plummer: You mean, you wanted to do both? Mrs. Dougherty: No, just the ordinance. Mr. Plummer: What does my colleague want? Mayor Suarez: But, as an alternative to the... Mru. Dougherty: Yes, as an alternative. 52 June 25, 1987 Mrs. Kennedy: I think it would be much easier. Mrs. Dougherty: Just create a separate instrumentality or board that would do like any other board. Mr. Plummer: Why don't you prepare both? Mrs. Dougherty: OK. Mrs. Kennedy: OK. Mr. Carollo: Well, if the intentions were to place this Charter amendment, I think that, by all means, I've never had any problems with presenting something to the public. Mayor Suarez: Actually, you know, with the built-in proviso that we put in, it is almost like an ordinance, really. Mr. Plummer: I agree with you. Mayor Suarez: Yes, it almost comes to that. Mr. Greer: Mr. Mayor, why don't we just... I would suggest that you go ahead and do it as an ordinance, let's not futz around with all the other problems. Mr. Carollo: Sir, I have no problems with bringing it up as a Charter Amendment. Mr. Plummer: I can go either way. Mrs. Kennedy: OK, let's prepare it as an ordinance, then. Mr. Plummer: Why don't you do it both, and then we will have a public hearing. Mrs. Kennedy: Yes, both ways, and we'll decide. Mayor Suarez: OK. Call the roll, or we did? Item 13. Mr. Plummer: No, wait a minute, we have got number 5 to talk about. Mayor Suarez: Five, what is five? I thought we just voted on the entire shebang. Mr. Plummer: No, we just voted on the amendments to 4. Mayor Suarez: Have we just taken specific votes on 1, 2, and 3? I don't think we have. Mr. Plummer: I thought we were going to discuss them first. Mayor Suarez: Well, it would have made sense to take the votes individually, I just don't know that we did. Madam City Clerk, how do you reflect it? Mrs. Dougherty: I was just going to bring them back as your amendments. You did take individual votes on the amendments, and I will bring them back as amended. Mayor Suarez: But the problem is, we actually voted on all the four that have been mentioned up to now, as far as I could tell, right? Mr. Plummer: I don't disagree with that. Now, number 5. Mayor Suarez: No, if there is any Commissioner that didn't understand that be the vote, we will have to reconsider and take them one by one, I don't... Mr. Plummer: I agree on the first four, as amended on four. Mrs. Kennedy: So do I. Mayor Suarez: I have no problem with my vote on all four. We have a public hearing anyhow, so... Anyone else? OK. 53 June 25, 1987 Mr. Plummer: Now, number five. Mrs. Dougherty: Number five is Commissioner Carollo's amendment, prohibiting the use of City funds in the support of any multinational conference held in the City where governmental officials from Communist Marxist nations have been scheduled to participate in the event, or attend the conference. Mr. Plummer: OK, I've got a question on that one. i am in support of government officials, OK? Now, my question is, is the same problem that occurred before. How will this Commission know prior to the actual conference, or are we going to tell the people when we give them any kind of a grant that absolutely no way you can have government officials in attendance? You know, because the monies are a year in advance of a conference of this nature. Mr. Carollo: J.L., I think this Commission can kind of leave that open to our discretion and how we want to proceed with it. I think that as long as we make a good conscious effort to make sure that we are abiding by this Charter amendment, once it passes, that the public would be satisfied. Mr. Plummer: But, Joe, are you going to put it in a contract with these people? I mean, you know, what I am trying to avoid is any embarrassment that might come about the day of the event... Mr. Carollo: I think probably a one sentence warning to that effect, the City Attorney can very ably put down before we sign any final contracts with people. Mr. Plummer: All right, but I think that has got to be included in this referendum. Mrs. Kennedy: I guess what he is saying... Mr. Plummer: All right, ask me a question. Mr. Odio: Suppose that we... let's pick on one - ASTA convention says that... we get a contract and they say there will not be any government officials, and then they show up? Mr. Plummer: You see, that is what I am... Mr. Carollo: Well, we would not be in violation of that, because we dealt in good faith. Mr. Plummer: But, what are you going to do, at the last minute, cancel the convention? Mrs. Kennedy: Well, it seems that you have got to have a check list, and i check them off... Let me go further, Joe. My problem with this is... let me take the Olympic festival. We have been really working this. It is like a pre - Olympic games to be held in Miami, 1990, or 1993, and we have been... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Odio: This is excluded. Mr. Carollo: We are talking about government officials. Mr. Odio: Government officials. Mrs. Kennedy: OK, yes, but... Mr. Plummer: Yes, but we all know, that the Communist teams are not amateurs, ithey are part of the country and as such, are officials. Mrs. Kennedy: And government official travel... Mr. Plummer: That's why I want to clarify it now. Mrs. Kennedy: It's not in our country, but it is in government countries. 54 June 25, 1987 Mr. Plummer: And 1 think you have got to clarify it to keep down any embarrassment later. Mrs. Kennedy: Athletes are government supported. Let me take it further on. Suppose President Reagan pants to hold a summit in Miami with Gorbachev, then... Mr. Carollo: I'm sure that the President is going to need $25,000 or $50,000. You know what I find so darn hypocritical, that there is some in this community that have attacked this position. They talk about democracy, but then when 16 percent of the voters in this community voted the democratic way in a straw ballot question, that they did not want their monies being used in this fashion, they kind of put it down like the opinion of the voters of this community does not matter, then they don't want democracy. Then they attack some of us, that take a stance not because there is an election coming, a stance on a principle, like we have taken many a time in the past, when there were no elections whatsoever, but more so, and recently, those that have attacked me for taking this position are the same ones that are writing editorials, that are writing and drawing cartoons, they are writing articles blasting the Pope, because he is going to meet with Mr. Waldheim. Now, if those people can understand the sensitivity and the feeling of the Jewish people, even though it has been over 40 years since we defeated Nazi Germany, then why can't they not understand the feeling of many of us that have had to leave our original individual countries to come to the United States, many that are still suffering the wrath of Communism, which is still alive, is still torturing, murdering people, and we have not defeated. Now, if it is wrong for the Pope to meet with the Prime Minister of Austria, and many in the media have written editorials, have written articles, have drawn cartoons on that, then why is it wrong for the majority of the people of Miami to say they are also offended by having government officials from Communist countries come to Miami, government officials that have murdered, that have tortured, that have thrown people in jail in countries that have no human rights whatsoever. I think it is about time that we either have one rule for everyone, or not have any rules whatsoever. There is a very deep double standard that we are facing here. Mr. Plummer: Joe, would you be agreeable to the one sentence being in there, that any contract in which a grant of money is given, is clearly understood, cannot allow the government officials of a Communist country? Mr. Carollo: Absolutely, I've no problems with that. Mr. Plummer: Fine. Look, you know, regardless of how I feel, I think that what we are doing in these five amendments, is that we are letting the people who we represent, speak to an issue, and I cannot ever vote for something that I think that is radically wrong, but if it is an issue that I think is clear cut and understood, let the people speak to it. That's who we represent. They get the right to speak every four years anyhow. Madam City Attorney, can you give me some wording as to that one sentence, that would in fact, clarify... Mrs. Dougherty: All grant contracts, shall contain a provision which prohibits any such attendance by government officials from Communist, Marxist nations. Mr. Plummer: Fine. I can accept that. Mayor Suarez: Any further discussion? Do we have a motion? Mr. Carollo: There is a motion. Mr. Plummer: Second. Mayor Suarez: Do we have a second? Moved and seconded. Any further discussion? Call the roll. MOTION FAILED UPON BEING DULY MOVED BY COMMISSIONER CAROLLO AND SECONDED BY COMMISSIONER PLUMMER, HEREINABOVE MOTION FAILED BY THE FOLLOWING VOTE: 55 June 25, 1987 i AYES: Commissioner Joe Carollo Vice Mayor J. L. Plummer, Jr. NOES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez ABSENT: None. Mayor Suarez: Item 13. Mr. Dawkins: Mr. Mayor, before we get to 13, I was holding... Mr. Carollo: If I may make a statement, before we get into 13... Mayor Suarez% Yes, Commissioner Carollo. Mr. Carollo: I just want to understand exactly what a majority of my colleagues feel. It is all right to give to voters approval, Bayfront Park and all kinds of other Charter amendments, but here we are talking about giving to voters approval something that already in a straw ballot question voters approved 76 percent, but because maybe we do not want to offend the monopoly of certain media in town, or certain power structures, we are not going to give the voters the opportunity to vote on this Charter amendment. Now, maybe my colleagues could explain to me, if there are any areas that were not explained clearly, or maybe could be modified to give the voters that opportunity to vote for this. Mayor Suarez: Commissioner Dawkins, do you want to make a statement on this issue? Mr. Dawkins: No, sir. Mayor Suarez: Any other issue? Mr. Dawkins: I've got another issue, yes. Mayor Suarez: Commissioner Carollo, anything else, sir? Mr. Carollo: Mr. Suarez, is there any particular areas that you think could be modified on this particular issue? Or is it just because the Miami Herald says no, the knees are going to crumble, and you Pre all going to forget the reasons why you, Mr. Suarez, and you, Mrs. Kennedy, came to this country. We did not come here as immigrants. We came here as exiles, and I for one, am not going to forget that. 19. CITY WILL NOT ABANDON ITS PRIMARY POSITION CONCERNING REPAYMENT OF $10M SUBORDINATE NOTE BY SPORTS AUTHORITY IN CONNECTION WITH REPAYMENT OF MIAMI HEAT CONTRACT (N.B.A. FRANCHISE); PUBLIC HEARING SCHEDULED - INVITING INTERESTED PARTIES, INCLUDING DECOMA, SPORTS AUTHORITY, HEAT REPRESENTATIVES, ETC. Mr. Dawkins: Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mr. Dawkins: I was waiting for this to come up, but it don't look like it is coming up. Mr. Manager, do you have anybody in here who can explain the Heat contract? I saw Kelly back there. Anybody else? Mr. Odio: I'll get somebody here. Mr. Dawkins: No, I will go through it now. Madam City Attorney, how much money did we spend in legal fees with the contract? Mrs. Dougherty: Commissioner Dawkins, the contract with the Decoma Company which was the successful bidder on the arena, provided that we would pay the legal fees for their negotiating with us. 56 June 25, 1987 Mr. Plummer: Please, make it very clear now from the beginning. "We" is not the City! Mrs. Dougherty: That's correct. Mr. Plummer: "We" is the Sports Authority. Mrs. Dougherty: That's right. Mr. Plummer: OK? I want that to be very clearly understood that this Commission had not control over that situation. Mr. Dawkins: How much money was spent, Madam City Attorney? Mrs. Dougherty: The Sports Authority spent something less than $300,000 on its own counsel, and... how much was the total? Mr. Dawkins: It is $1,600,000 an accurate amount of money that was spent in all legal? Mrs. Dougherty: All legal? About $1,300,000, sir. Mr. Dawkins: $1,300,000, so far. And of the $1,300,000, how much of that $1,300,000 was spent with a Black or Latin law firm? Mr. Chris Korge: About maybe *20,000. Mrs. Dougherty: $20,000. Mr. Dawkins: How much? Mr. Odio: $20,000. Mr. Dawkins: $20,000 of $1,300,000. OK, of all the legal fees, I mean, consultant fees, how many thousands of dollars was spent with Black or Latin consultants? Mrs. Dougherty: I can't answer that. Mr. Dawkins: All right, accountants and, etc. OK, now, we, for some reason, don't seem to be able to get across to people that this Commission is sincere when it says that minorities have to share in the pie. Now, I for one, am very angry with this whole setup. I've sat here from the very beginning and explained to everyone that some minorities had to share in this. They do not have... and I've said from the day they started, when we met in the Hyatt, there should be some Black owners and they don't have a one. Now, they tell me, and is this a correct statement, Mr. Manager? ... that the team has a claim to us picking up any loss that they may have? Is that a correct statement? Mr. Plummer: "Us" is the Sports Authority. Mr. Odio: No, sir, not... Mr. Plummer: Directly! "Us", the City, indirectly. Mr. Dawkins: All right, when "us", the Sports Authority... Mr. Odio: The answer... the answer to... Mr. Dawkins: ... was supposed to come up with $10,000,000 in which to redo the Knight Center and —this same centers, and the Sports Authority didn't come up with it. What "we" came up with it?... "we" the City Commission. What "we" came up with the $10,000,0007 Mr. Plummer: "We"... F1 Mr. Dawkins: The City Commission, is that correct? Mr. Plummer: We did not come up with that. That was the so-called junior bond. 57 June 25, 1987 Mr. Dawkins: OK, all right, but who is responsible for the debt service on the bond? Mr. Plummer: The Sports Authority. Mr. Dawkins: And when has the Sports Authority paid any? Mr. Plummer: None. Mr. Dawkins: OK, so therefore, and in the event that... Mr. Plummer: There is a more important question there. Is the Sports Authority going to have ample revenues even to address us in the primary position? Mr. Dawkins: But, according to the newspaper, and that is what I want the Manager to explain to me, we do not hold the primary position. Mr. Plummer: Oh yes we do! Mr. Dawkins: Mr. Manager? Mr. Odio: We have not... as of this moment, our position is that we do hold the primary position. We are still negotiating. Mr. Plummer: No, sir! No, sir, this Commission went on record. Mr. Odio: Commissioner, I am not saying that I am going to change the position of the Commission. I am saying that I have an obligation to listen to them, and that is what I am doing. Mr. Plummer: Oh, there is a difference between listening and negotiating. There is a big difference. Mr. Odio: Well, I'll change the word, "negotiating" to listening. Mayor Suarez: Why don't we clarify what we mean by primary position. Are you talking about a primary position for repayment of the $10,000,000 in bonds for exhibition facilities? Mr. Plummer: Yes, sir. Mr. Odio: Yes, sir. Mayor Suarez: What is the stream of revenues that is pledged up front on that, and what is the secondary pledge so we get that clarified? Mr. Korge: On the primary position... Mr. Odio: Go ahead. Mayor Suarez: What is the first... Mr. Korge: On the $10,000,000 subordinate note, the first source of revenues looked upon is the convention development tax. After that, any other revenues of the... after that, Sun Bank will look to the City... Mayor Suarez: I thought we had to use some utilities. Mr. Korge: Yes, that is what I am getting to. Mr. Odio: That's why... Mayor Suarez: Didn't they end up as primary pledge? Mr. Plummer: Who? 1 Mayor Suarez: The utilities... Mr. Plummer: Yes. Mr. Korge: The utilities service tax could be re... 58 June 25, 1987 Mayor Suarez: Might, to you have it backwards. utilities service tax primary pledge, the... Mr. Plummer: Reimbursable. Mayor Suarez: The bed tax money is secondary, and of course, we, always at the tail end having to pay everything in case it is not enough. Mr. Plummer: No, nol That is... Mr. Odio: Can I put it in layman language? Mr. Plummer: No, sir, because that is an incorrect statement that Mr. Korge just made. Mr. Odio: Well, let me clarify it. The fact is, that we are looking to the Sport Authority to pay for the $10,000,000. Mr. Plummer: Exactlyl Mr. Odio: If they couldn't do it for any reason, then they would look to the utility tax. Mr. Plummer: Now, let's ask the important question. Why did the bank demand that this Commission had to back up that note? Mr. Odio: Because the Sports Authority had no experience. In other words, they don't have enough experience. Mr. Plummer: That was not the statement of the bank which said, there were... Mayor Suarez: That wouldn't be logical because they are backing up, on a primary basis, $38,000,000 from the bed tax, which is not enough money coming in, is what the problem was. Mr. Plummer: Let's give the correct statement made by the bank, that projections did not show adequate revenue to back up the $10,000,000 also. Mayor Suarez: On the one point two five formula that they need to come up with. Mr. Plummer: Exactly. Now, Commissioner Dawkins, in defense of the Heat, I want to make one correction in the record. The $1,600,000, or $1,300,000 for legal fees, was not all for the Heat, that was for the total project. Mr. Odio: It has nothing to do with the Heat at all. Mr. Plummer: As far as legal fees, we did, in our City Attorney's office. Mr. Dawkins: I do not care if it was... Mr. Plummer: OK, but he asked the question of the Heat. That's a different story. Mr. Dawkins: No, no, I said of the total million... of the total... no, no, I don't know what I said, but let me say what I meant, OK? Of the total $1,300,000 spent in legal fees with the total arena project, regardless by whom... Mr. Plummer: That's a correct statement. Mr. Dawkins: ... how many dollars were spent with Black and Cuban law firms, and the answer is $20,000. Mr. Odio: 620,000, yes sir. Mr. Dawkins: It is $20,000. Mr. Odio: I'd also like to point out that $1,200,000 of those monies were spent way back before we even had an opportunity to look at it. 59 June 25, 1987 Mr. Plummer: And how... Mr. Dawkins: You see... OK, that is fine. 1 don't have any problem with that, but I've got my point over. Now, here is an article by Bill Gjebre which says: "A business partner of the N.B.A. team, Lewis 5haffold, today said there would be no compromises. He said there was an agreement reached and it is legal and binding." Is that true? Is that a true statement? Mr. Korge: Yes, Mr. Commissioner, Commissioner Dawkins... Mr. Dawkins: OK, all right, I don't need no explanation. Is that a true statement? Mr. Korge: Well, you are... Mr. Dawkins: Is that yes, or no? Mr. Korge: It is out of context, so I can't answer... Mr. Dawkins: Is that a true statement? Mr. Korge: it is true that... Mr. Dawkins: All right now... Mr. Plummer: No, it is not. That is not a true statement! Mr. Korge: If you want me to answer what is true, I will. Mayor Suarez: We certainly don't agree with him on it, if that is what you mean. Mr. Korge: What's true... Mr. Plummer: You have got to speak to which document is legal and binding. Mr. Korge: Exactly. Mr. Plummer: The side arrangement is legal and binding, as we are instructed by the City Attorney. The primary position, it is not true. We are the primary. Mr. Korge: It is not addressed in the memorandum. Mr. Plummer: It is addressed by this Commission when we agreed to back it up. Mr. Korge: That is correct. Mr. Plummer: Wait a minute, did we not send Rick Horrow to five members of that board to get the approval? We sent him from here. Am I right, or am I wrong? Mr. Korge: Yes, you are right. Mr. Plummer: All right, now don't tell me, by God, I know! Mr. Odio: The question to your answer, Commissioner, on the $10,000,000 primary position, it is not binding. Mr. Dawkins: OK, now...is it binding....? Mr. Plummer: No. Mr. Dawkins: Now, all through this, I am told that the City of Miami has no position. It is either the Sports Authority, or the Heat. Is that correct? Mr. Odio: Please could you...? ' Mr. Dawkins: OK, all through this discussion I am hearing that the City of Miami has no position in this. It is the Sports Authority or... Mr. Odio: On which one, Commissioner? On the $10,000,000, we do have a... 60 June 25, 1987 Mr. Dawkins: On the whole project? Mr. Odio: It is the Sports Authority with Decoma. Mr. Dawkins: All right, now... the Sports Authority with Decoma? Mr. Odio: Yes, sir. Mr. Dawkins: And that is where the story lies. Mr. Plummer: No, that is not a true statement. Mr. Odio: Well, I am sorry, sir, but the Mr. Plummer: I'm sorry) It is not a true statement because the City does have authority in relation to the $10,000,000 and we do have as far as a lease -hold, of that property, which we are the landlordl Mr. Odio: But, the fact is, Commissioner, that the contract is between the Miami Commission, and the Sports Authority... Mr. Plummer: That is not in his question. Mr. Odio: ... and Decoma. Mr. Plummer: The contract is.... yes. Mr. Odio: OK. Mayor Suarez: In the final analysis... Mr. Dawkins: Who has the responsibility to provide 4,500 parking spaces? ... the City of Miami, Decoma, or the Heat? Mr. Odio: The fact is that the responsibility should be with... Mr. Dawkins: No, no. Should be? OK, go ahead. Mr. Odio: Should be... Mr. Dawkins: OK. Mr. Odio: ... with the arena. Mr. Dawkins: All right now, why should it be with the arena? Mr. Odio: Because, if you look at the arena as a sole... an independent soul there, they should have enough parking for their events. Mr. Dawkins: OK, so... Mr. Odio: But, the fact is, that we need to resolve the problem of parking. Mr. Dawkins: We, what, now? Mr. Odio: I mean, the Off -Street Parking Authority and the City negotiated for the lands so that we would get returned for it Mr. Dawkins: All right. Mr. Plummer: Now, wait a minute, excuse mel I want you to answer his question. Mr. Odio: I'm saying that. Mr. Plummer: No sir. His question was very explicit. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: No, I want you to answer it. His question was, "Whose responsibility is it?" 61 June 25, 1987 Mr. Odio: All right, the parking? Mr. Plummer: Yes. As a whole, it would be the Arena, or the Heat, but not the City. Mr. Plummer: No, no, that is not correct. There was nothing in the contract between the Arena and the Meat for parking. There was nothing in that contract. Mr. Odio: No, there isn't. Mr. Plummer: That is right. Mr. Odio: That's correct. Mr. Plummer: So, that was a mandate put on the Heat by the N.B.A., correct? Mr. Odio: That is correct. Mr. Plummer: Whose sole responsibility it is to pick it up. Mr. Odio: That's correct. Mr. Plummer: OK, that answers the question. Mr. Dawkins: So, if it is the•Heat's responsibility, and I've just been told by an official of the Heat that he is not in favor of negotiating anything that we might have been privileged to, even though we didn't want to be, why are you going to be responsible for 4,500 parking spaces? Bring that back to me at the next meeting and also tell them that unless they do better in their minority procurement and unless they get some more minorities involved, I am at the point at the next Commission meeting, where I will go to court or somewhere and attempt to stop. Now, there is no sense in everybody in the City of Miami sitting up telling me that we are going to have a "Heat" professional football team ... when all the money Mr. Plummer: Basketball. Mr. Dawkins: I wouldn't care which one it is, J.L. ... when all of the money is going to everybody but minorities. See, you have got the National Football League being criticized because they do not have any Blacks in the higher echelons and in management positions. You have got the baseball people complaining because we don't have any Blacks in ownership and management, and you also got the N.B.A. being penalized, and here we have a new team starting up that was given a directive from the very beginning to get some Blacks involved in ownership and they have failed to do so, and yet, they want the citizens of the City of Miami to subsidize their team. At the next meeting I'd like to have a hearing on this, and where they are. Mayor Suarez: So ordered. I think it is the consensus of the Commission we are going to look at the entire sets of agreements and find out... what I am sure we are going to find out is that in the final analysis, we are responsible for... Mr. Plummer: Well, let me ask one question so that Mr. Dawkins is not deceived. Mr. Manager, at this time the contract has not been signed, is that correct? Mr. Dawkins: Which contract, J.L.? Mr. Plummer: With the Heat. Mr. Korge: No, no contract. Mr. Plummer: I think Mr. Dawkins, a motion is necessary at this time, that that contract, we instruct the Sports Authority not to sign that contract until we have had a full and open hearing on this matter. Now, because that thing can be signed between now and the 9th of July, and our hands are once again tied to where we can have no input. Mr. Dawkins: All right, Mr. Mayor, I make a motion that... 62 June 25, 1987 Mr. Plummer: Time out, time out. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Yes, well, I've got news for you. You let Decoma defy this. Mayor Suarez: Wait, wait, we didn't hear the little discussion here. What's the issue? Mr. Korge: There are two separate agreements. There is one agreement between the team and the Decoma as the operator, which is a license agreement. We do not have the... we have to approve, the Authority has to approve that agreement, but Decoma is in the process of negotiating that agreement with our advice. Mr. Dawkins: Does Decoma prepare, I mean, provide everything they need. I don't have a problem with that. That's including parking and everything else they need. Mr. Korge: But, the parking was not an issue that was in any of the memorandums of intent. It was an issue that came up after the fact. Mr. Dawkins: But the newspapers and everybody is saying that the City of. Miami is not providing parking, therefore, the City Commission and the City of Miami is about to blow the chance of the City of Miami having an N.B.A. team, OK? And that is what everybody, and I want it understood... it is not ours, it is not the City of Miami's fault. Mr. Carollo: What I... Mr. Dawkins: Go ahead, Joe. Mr. Carollo: What I cannot comprehend, whatsoever is, how in the heck can one individual in a board, even though he might be the chairman, give his consent to certain things without the approval of the whole board? How can that be done? Mr. Odio: Technically, what he did, what they did, or how they did it, is they included, like if you have a Consent Agenda, they included the agreement into the packet and that's how.... Mr. Carollo: Well, this whole thing stinks more and more as it goes by, you know? I have a philosophy about everything that we shouldn't have double standards. Unfortunately, we have too many double standards in this community. I think if something should be investigated, that is fine, but everybody should be investigated at the same time. So, my suggestion is, send it to the Grand Jury. I've got no probleml Are we just going to sit back on this whole thing and just let it go like that and let the City take the liability that we are going to take? And there is going to be a lot more than $100,000 a year that we are going to be losing on this, a heck of a lot more, and all of you know that. Mr. Dawkins: Make the motion, I'll second it. Mr. Carollo: This whole thing stinksl I mean, I'll say it on the record, they can have the N.B.A. franchise and take whoever they want to, if it is going to come to that. That arena is going to make enough money by itself without the N.B.A. franchise. Now, I was one of the original people that backed Zev Bufman and Ted Arison and the whole group, but from the point that this seed was planted to where it is at today, it stinks more and more every day, and I don't care if, you know, Alaska charges $1.00 for their franchise if they ever get one. This is Miami and when they went into this franchise here, they went into it knowing darn well what our position was. Now, every time you turn around, we find a different deal that was made by Mr. Turner, or the former executive director. You know, it is sad that I have to find out what the heck is going on, you know, through the Miami Herald. Mr. Odio: I agree, Commissioner, because the facts... I ask Touche Ross to put all the facts together, before anything was to be discussed in public, so that we could discuss this intelligently and not with just pieces of the puzzle. I agree with you. I wish you had not read it in the Herald. 63 June 25, 1987 Mr. carollo: I'll tell you more. If this would have been me, instead of some of the people that have been involved in doing this, I would have been crucified from the highest building up in the Southeast Building, the Penthouse. You would have seen me spread there, crucified. You would have seen 20 grand juries checking into that, the Miami Herald coming with editorial after editorial, but in the meantime, because certain pillars of the community are the ones involved, nothing is said, and let taxpayers of Miami get stuck for the bill again. That's all right, you know, they are going to live in Kendall, South Miami, Broward County, somewhere else. We are going to have to be the ones paying the bills here in Miami. Mr. Odio: Commissioner, I have to say this. I have to go on the record and Chris can tell me if I am wrong or not. The main agreement between Miami Sports Authority and Decoma is a very sound agreement. The City has a position that they will never have to come to the City for monies. We are safe, we are secure. The only questions that are pending right now, is whether the proforma that Decoma developed, if it holds, the City... Sports Authority will not have to subsidize the Heat lease, as it seems right now, we looked through the contract yesterday, but it depends on the assumptions that were made when the proforma was prepared, number of attendance, the concession sales and... Mr. Carollo: We all know that those proformas are always underestimated... Mr. Odio: That's right. Mr. Carollo: Yes, and if that wasn't the case, they would not have been asking of Mr. Turner, to give the guarantee that he gave on his own, together with the executive director, apparently. Mr. Odio: What I... Mt. Plummer: Just for the record, I want to go on the record that I disagree with Mr. Odio's last statement. It is deceiving, at best. The proforma, in its inception, and if you look at the numbers in that proforma, and this is my comment relating to a sweet deal, by the way, it has been addressed to everything but that. For example, the proforma shows $376,000 for insurance. Yet, the same company, who operates the same kind of facility, in Houston, Texas, called "The Summit" right now pays $700,000. I don't agree! Mr. Odio: Commissioner, I think I need to read back what I said before - that I said that we have to check the proforma before we can make any more statements. You might be right. I was not trying to deceive anybody. I was trying to say that the proforma had to be checked by professionals. Mr. Plummer: Exactly. Mr. Carollo: Well, I am saying is, there is no way in the world that I feel that the way this went about, Mr. Turner agreeing to it and then with Horrow sneaking in - somehow - in the agenda, that that was binding. I don't care, you know, how bad of a guy they say I am, that they don't like me, that the Herald attacks me, whatever, I am here to protect the taxpayer's dollars and my own tax bills, when I get them every year in my home. There is no way in the world that this Commission should stand by something like this and not do anything about it. I do not believe that we are legally bound by that agreement whatsoever. Mr. Plummer: May I make... Mr. Carollo: And I am willing to go to court and test it, if need be! Mr. Plummer: May I make a statement on the record, Mr. Mayor? Mayor Suarez: Yes, Mr. Vice -Mayor. Mr. Plummer: Mr. Mayor, I want to say on the record, that I want the Heat, and I want it in the Miami Arena. I want that to be clear cut to the public. I think it will be a tremendous asset to this community and yes, I realize that some... some concessions are always made, as we did to the Dolphins, but in the long run, Mr. Mayor, and to my colleagues on this Commission, any agreement that is not fair to both sides, is not fair to either side. The agreement has to be completely changed. I want the Heat, and I want it in that arena. 64 June 25, 1987 Mr. Dawkins: Let me go on the record. Mr. Plummer: But, it has got to be a fair agreement to both sides. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I want the Heat as bad as anybody else. I am hoping that the Heat will help reduce unemployment. I am hoping that the Heat would be an asset to the economy, but I am not for the Heat at the expense of the depressed area in which it is located, and at the taxpayers who live over there and that the same people who pick up the blunt of everything in this City, when you talk about what is good for the majority and they get left. Now, if we have got to have the Heat at that expense, then they lose my vote. That is on the record, please. Mayor Suarez: Madam City Clerk, item 30, scheduled for 2:30 p.m. Commissioner Carollo. Mr. Carollo: No, no, we are not finished with this. I asked a question from our legal staff and they didn't understand that I was asking a question. I am going to make clear that I am! I want this Commission to be given all the legal opt?ons that we can go to court on, so that that little secret deal that was made can be declared nonbinding on the City. Mr. Korge: Commissioner, our office has already given a letter stating that In our opinion, the agreement, the memorandum that had the terms embodied in the memorandum of intent are binding upon the Authority. The rationale behind that opinion was based on a tremendous amount of research that was done, which lead... related to the minutes being approved, it relates to all sorts of equitable arguments that were being... that could be raised, reliance arguments, actions taken by the Sports Authority through their leadership, by the executive director; statements made to the N.B.A., monies deposited to the N.B.A., monies spent relating... Mr. Carollo: We are not talking about the whole contract, we are talking about that individual side agreement. Mr. Korge: That is correct. That is what I am referring to. I am referring to the terms in that side agreement. Mr. Carollo: But your letter... Mr. Korge: But, my letter asked, Commissioner, at one time, by the Team, whether or not Mr. Turner had authority to execute that agreement. He did not. The issue of binding, whether it is binding or not, it goes beyond whether or not he had the authority to execute that agreement. It goes to what actions were taken subsequent and prior to the signing of that agreement. Mr. Plummer: But, then, nowhere in that letter of comfort that you gave to Mr. Bufman, did it placate this City's primary position. Mr. Korge, In fact, it did the opposite. Mr. Plummer: Exactly! Mr. Korge: It informed the Bufman organization that they were to take a subordinate position against any revenues generated from the arena that were the Sports Authority's. It was a very learned decision that we made. We spent a tremendous amount of time researching it for several months, and that was our opinion, and we think the exposure, there is a great deal of exposure to the Authority if they were to try to back off of those terms. There are several other terms that are still left open and we still have an agreement which we must negotiate. Mr. Carollo: But, the exposure must come to the City also. Mr. Korge: The exposure does not come to the City, no. sir. You do not have an arrangement with the team, none whatsoever. You have nothing that binds you to do one single thing with that team. June 25, 1987 Mr. Odic: It has been the City's position, Commissioner Carollo, and for the record, that we, at no time, and that is the City of Miami, subsidizes the Heat, the Arena or anything else that is involved in that. Mr. Carollo: But then indirectly... Mr. Plummer: Well... Mr. Carollo: ... monies that were pledged to us by the Authority for other areas... Mr. Odic: That hasn't been finalized and we are maintaining our position that the City has a primary position, and that hasn't changed. Mr. Plummer: Let me make a motion at this time which will answer all of that. I make a motion at this time that the policy of this Commission, that at no time will this City come off its primary position for repayment of that $10,000,000. I so move. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Mr. Carollo: If I could add something to that motion, if the maker would approve it, in that if all the parties involved, including all the members of the Authority, or former members, are not in agreement with that, then we will schedule a public hearing at the very next meeting so that we can air this out in public. Mr. Plummer: That's fine. Mayor Suarez: Yes, was that not part of the prior discussion, or motion, that we should have a public hearing and have members of the Authority present and discuss all of this? Mr. Odic: Which part do you want to... the part about the side agreement, or...? Mr. Plummer: No, about the $10,000,000 primary. Mayor Suarez: Well, there are many issues that have been raised here, including the side agreement. Most of them, I think, are encompassed by the whole of a side agreement, its validity and who su'.t:orized it, etc. Mr. Plummer: Mr. Mayor, it think it is so important that I think the Manager should invite all parties involved: Decoma, the Authority, people from the Heat. I think that anybody that has any vested interest in this matter should be present at that next meeting, or at least be invited. Mayor Suarez: Mr. Manager, would you instruct also in connection with that Mr. Perez-Lugones to make sure that we have enough time allotted so that we can have a complete discussion of that issue? That is the full airing, and it is going to take some time, as today is an indication of it. Any further discussion? Call the roll on that motion. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-599 A MOTION OF THE CITY COMMISSION GOING ON RECORD AND STIPULATING THAT AT NO TIME WILL THIS CITY ABANDON ITS PRIMARY POSITION CONCERNING REPAYMENT OF THE $10,000,000 SUBORDINATE NOTE BY THE SPORTS AUTHORITY; FURTHER STIPULATING THAT A PUBLIC HEARING SHALL BE HELD AT THE NEXT CITY COMMISSION MEETING IN CONNECTION WITH SAID MATTER; AND FURTHER ASKING THE CITY MANAGER TO INVITE ALL AFFECTED PARTIES HAVING AN INTEREST IN SAID ISSUE INCLUDING DECOMA, SPORTS AUTHORITY, HEAT REPRESENTATIVES, ETC. 66 June 25, 1987 i Upon being seconded by Ci— issioner 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. --------------------------------- 19.1 INSTRUCT CITY ATTORNEY TO FORWARD TO THE CITY COMMISSION THE SECTION OF THE CITY CHARTER DEALING WITH THE "INITIATIVE" PROCEDURE. --------------------------- Mr. Carollo: Madam City Attorney, on the previous item that we discussing before we got into this arena area the Sports Authority... Mayor Suarez: Commissioner... Mr. Carollo: ... can you make sure that you pass out to my colleagues a copy of what the City Charter states insofar as the initiative that is the right of every citizen to go out and get signatures to place something on the ballot, once the majority of the Commission decided that they did not want to do it, because that will be the next step that we are going to take on this. Mrs. Dougherty: Yes, sir. 20. ENDORSE RONNIE DE SILLERS NATIONAL FOUNDATION ON ITS FUND RAISING EFFORTS TO RAISE ORGAN DONOR AWARENESS. ------------------ Mayor Suarez: Madam Commissioner Kennedy. Mrs. Kennedy: Yes, before we go on to the bids, Mr. Mayor, I'd just want to introduce somebody here, some people that we have in the audience. We have Joyce Radley, the mother of a 15-month old baby, who was born with a liver problem. After numerous operations, in fact, so many that his veins have since collapsed, and they now are faced with a $300,000 bill, the doctors decided that the only thing that could save this boy's life was a liver transplant. Since Carlos Deman, who was here a few minutes ago, I don't know where he went, but Carlos headed the fund raising effort... oh, here he comes... on Ronnie DeSillers, we went to his show last night, and for two hours we had this drive and raised about $2,000. At this point I would also like to introduce the grandmother, Mrs. Murphy, Julie Odio, the Manager's daughter who was with us also, and Andy Fernandez, and Maria DeSillers, of course, who is also here helping us with this. So, I would like this City to support this effort. I don't think that they are asking for money, but I would like to make a motion to support them in all their drives in any way that we can. Mayor Suarez: So moved. Mr. Plummer: Yes, and second. Mayor Suarez: Seconded. Any discussion? Call the roll. 67 June 25, 1987 The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-600 A RESOLUTION ENDORSING AND ENCOURAGING THE RONNIE DeSILLERS NATIONAL FOUNDATION FOR ORGAN DONOR AWARENESS IN ITS FUND-RAISING EFFORTS FOR THE DEVELOPMENT OF A HEIGHTENED AWARENESS LEVEL ON THE PART OF ALL CITIZENS TO THE CRITICAL NEED OF ORGANS FROM DONORS FOR ORGAN TRANSPLANT SURGERY TO SAVE THE LIVES OF AFFLICTED INDIVIDUALS THROUGHOUT THIS COMMUNITY AND THE NATION. (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: Madam City Clerk, open bids, item 30. Mrs. Kennedy: Carlos wants to say something before we continue. Mayor Suarez: Mr. Deman. Mr. Carlos Deman. Thank you. Mayor Suarez: Name and address. Mr. Deman: Carlos Deman, Union Radio, 7079 West Flagler, where finally, yesterday, you can park there, because there is no parking meters. Mr. Plummer: Is is true that you are taking... Mrs. Kennedy: Mr. Deman... Mr. Deman: I thank the Commissioners. Mr. Plummer: Carlos, is true you are taking over Mr. Carlton's job? Mr. Deman: No. I really would like not to talk about it. I want to thank you, the Mayor and the Commissioners for our seeking help on behalf of these people especially, because when we have our radios on, like we have yesterday, like we had with Maria DeSillers, I think it is very uncomfortable that people that don't have money come to our radio station, which is a public media, to help the people and then they have to be forced to get a ticket of $10.00 or $15.00. I think it is ridiculous, that is why we asked. I am not against all parking meters, I want to state that, but I am sure that I would like to see more than 50 percent of them off the streets. Now, I just want to thank you for that and also I want to thank Commissioner Rosario Kennedy and Mr. Cesar Odio to have chosen their small coffee pot to again brew the best coffee in helping the people. I would like Maria DeSillers to say something about that, because I think it is really important, the organ donors and all the media to get involved in that. I hope that... I was going to talk about the parking meters, which I don't want to talk. I just want to thank you for that and I would like just for the record to say that the war has just begun, because... not because you have removed the parking meters from WOCN radio, I am going to stop, I am asking the referendum so that people that doesn't want the parking meters be in the ballot next election. That is up to you and the Commissioners, but I haven't stop. 68 June 25, 1987 Mayor Suarez: OK, thank you, Mr. Daman. Maria, would you... give us your address, too, name and address. Mrs. Maria DeSillers: Yes, Maria DeSillers, 100 S.W. 71st Avenue, Miami. First of all, let me start by thanking you, Mayor Suarez, Commissioners, Vice - Mayor, City Manager. I have come before you this afternoon, not only to thank you for what you have done in the past and what the City of Miami did for Ronnie, but I come before you to let you know what the foundation is all about. The Ronnie DeSillers Foundation has been established at a national level to solicit funding for the areas of transplantations needing help, such as education, research and patient services. In education, we are trying to set up a national network of signing up donors. This program would run along with the Bureau of Drivers Licenses and we would go just like the blood banks, we would go and find the donors in major corporations in Florida. Research; the program that is being handled at the University of Miami in immunology is second to none in the country. Most of the deaths occurring after transplantation are caused by not having the proper handle on the problem of the immune system. And, third of all, patient services. We are going, through lobbying support from the federal government, state, City, in doing exactly what we want to do. One of the main goals is to establish enough funding for the after care after transplantation. The main goal, in five years time, is to build the first Ronnie DeSillers Transplant Center here in Miami which will be working alongside the University of Miami and Jackson and this center will attract not only children from Florida, United States, but Latin America. Our first event, the first fund raising event will be the 4th of July on Miami Beach. It is the RC Cola and Miller Beer 4th of July event with Starship in concert, a laser show, fireworks. It's the only show in town. Tickets are being sold for five dollars and they're VIP tickets. The money raised out of this will go directly into the foundation. We will be flying in children from all over the United States to attend the concert to help promote organ donor awareness. We are involved, and at the same time, bringing a child from California. One from Pittsburgh. We're involved in helping Ryan Radcliff in getting the funding needed for their transplants or they will die. There are thousands of Ronnie's all over this nation. So that is why I have come to you. I ask for your support here in the home front as well as in Tallahassee. The foundation will be involved in asking for a matching of funds from Tallahassee for whatever amounts we're able to raise, which I feel that the first event on the 4th of July has the capabilities of raising over a hundred thousand dollars for the foundation. We will be involved in asking that when the lottery comes up next year, a percentage of that is put towards the transplant program here in Florida. I come to you searching for a champion that will take up this task of saving our childrens' lives. The Ronnie DeSillers National Foundation has as part of it's board members, Peggy Iococca, Jeb Bush, Victor Posner, just to name a few. I have come to ask you to do whatever you can. Whether it's purchasing VIP tickets, which are selling for $50.00 a piece. Whether it's talking to your friends, whether it's supporting us in what we need to do. The Ronnie DeSillers Foundation has undertaken this project. It's very exciting, but our task is great. I hope to bring together not only our City, our state, but the nation in supporting the future of our land, our children. I always thought that Ronnie could have been anything he really wanted to. He brought a nation together in prayer and to collect funding for his operation. I feel that the foundation will give other children like Ronnie the chance to lead us in years to come. And I hope that you can see our dreams and, better yet, you will join our task, and go out and help support us. Thank you. Mayor Suarez: Thank you for your statement, Maria. I'll entertain a motion to have the manager come up with all different suggestions as to what we can do to help out in your task. Mrs. Kennedy: Move it. Certainly, move it. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. 69 June 25, 1987 The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 87-601 A MOTION INSTRUCTING THE CITY MANAGER TO REVIEW AND COME SACK WITH SUGGESTIONS AS TO HOW THIS CITY COULD POSSIBLY ASSIST THE *RONNIE DeSILLERS NATIONAL FOUNDATION FOR ORGAN DONOR AWARENESS," IN ITS EFFORTS. 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. Mayor Suarez: We're certainly with you in this effort and we appreciate your appearance here - presentation. 21. OPEN BIDS FOR FAIRLAWN SOUTH SANITARY SEWER IMPROVEMENT SR-5515 C Mr. Dawkins: Open bids... Mayor Suarez: Would you open those bids at Item thirty. Ms. Hirai: Mr. Mayor, these are sealed bids for construction of Fairlawn South Sanitary Sewer Improvement, SR-5515 C, central line sewer. Mr. Plummer: What is the projected cost? What is the projected estimate on this? Mr. Odio: One million nine fifty. Mr. George Campbell: One million nine fifty. Mr. Dawkins: One nine fifty? Mr. Plummer: OK. Ms. Hirai: First bid is from Alfred Lloyd & Sons, Inc. Total bid: One million, nine hundred seventy-six thousand, one hundred eighty-six, fourteen cents ($1,976,186.14). Mr. Odio: Very good. Ms. Hirai: Second bid is from Rocco Ferrera & Company, Inc. Total bid: Two million, two hundred twenty-seven thousand, eight hundred and twenty-four dollars, fifty cents ($2,827,824.50). Next bid is from Mantel Engineering Contractor, Inc. Total bid: Two million, two hundred and eighty-six thousand, five hundred and eighty dollars, sixty cents ($2,286,580.60). Next bid is from Roenca Corporation. Total bid: One million, eight hundred and seventy thousand, five hundred and fifty-four dollars, ten cents ($1,870,554.10). Next bid is from Man Con, Inc. Total bid: Two million, one hundred ninety-five thousand, one hundred and eighty two dollars, ninety cents ($2,195,182.90). Next bid is from Lanza Construction Co. Total bid: One million, seven hundred and nine thousand dollars, five hundred eighty five dollars, twenty cents ($1,709,585.20). Next bid is from Ric Man International, Inc. Total bid: One million, seven hundred fifteen thousand, twenty-four dollars, eighty cents ($1,715,024.80). Next bid is from D. N. Higgins. Total bid: One million, eight hundred and eighty-seven thousand, nine hundred sixty-one dollars ($1,887,961.00) 70 June 25, 1987 Mr. Plummer: One (million, eight hundred what? Ms. Hirai: One million, eight hundred and eighty-seven thousand, nine hundred and sixty-one dollars. Mr. Mayor, those are all the bids. Mayor Suarez: Give us the lowest and the estimate, please. Mr. Plummer: One million, seven o nine... Mr. Campbell: One million, seven hundred and nine thousand, five eighty-five was Lanzo and the estimate was one million, nine hundred fifty. Mr. Plummer: That raises a very good question. How could you all be so far off? Mr. Campbell: We were pretty much in the middle, sir. Mr. Plummer: I don't agree with that. Mr. Campbell: Well. Mr. Plummer: If somebody can do it for a million, seven o nine; that must be a reasonable number. Now, how does the department come about - it seems like to me, excuse me, that we got bad estimators. Mr. Campbell: We... Mr. Plummer: Because if your - you are roughly two hundred and fifty thousand dollars higher...in your estimate than the actual bid. Mr. Odio: Or he could be wrong. Mr. Plummer: Who could be wrong? Mr. Odio: The contractor. Mr. Campbell: Lanzo. Mr. Plummer: Well, I - I'm assum... Mr. Odio: We'll take it. Mr. Plummer: I - I assume that, but if there's nothing wrong, then I think we need to look at the procedure of what we are using. Now let me tell you why that's important. That's important because of the fact that any bid above 5 percent is an automatic non -bid. OK? And if we are estimating damn near 10 i percent higher than reality, the 5 percent will never come into play. Mr. Campbell: We base our estimates on bids that we've received recently. Mr. Plummer: Well, they're not realistic. Mr. Campbell: From other... Mr. Plummer: We have here, excuse me, one, two, three, four - we have four bids here that are under what you estimated. Mr. Campbell: Yes, sir. Mr. Plummer: I'm saying that we need to look at the procedure that we are using to estimate; especially to kick in that 5 percent no -bid scenario. Mr. Campbell: Yes, sir. ! Mr. Plummer: I'd like a breakdown on this particular item of how they came about the - the estimate of a million, five, zero - million nine five zero. Mr. Campbell: Yes, sir. Ms. Hirai: Mr. Mayor. 71 June 25, 1987 Mayor Suarez: Yes. Ms. Hirai: I need a motion for - to refer these bids for proper tabulation. Mayor Suarez: Moved. Mr. Plummer: I don't know that - do we pant to do that? Mayor Suarez: Yes, please. Mr. Dawkins: Why not? Why not, J.L.? Ms. Hirai: We have to. Mr. Plummer: Well, I, I... I'm concerned about this estimate situation that... all right, fine. Mayor Suarez: Thanks. Mr. Plummer: Before you award it, it's got to come back here, right? Mayor Suarez: Yes, yes, yes, yes. Moved and seconded. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-602 A MOTION TO RECEIVE, OPEN, AND READ ALOUD SEALED BIDS FOR CONSTRUCTION OF FAIRLAWN SOUTH SANITARY SEWER IMPROVEMENT SR-5515-C; FURTHER REFERRING SAID BIDS TO THE ADMINISTRATION FOR PROPER TABULATION OF SAME. 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. 22. ACCEPT BID OF DANVILLE/FINDORFF, INC. FOR BAYFRONT PARK REDEVELOPMENT PHASE III Mayor Suarez: Item... Mrs. Dougherty: Mr. Mayor. Mayor Suarez: Yes, Madam City Attorney. Mrs. Dougherty: Could we consider, at this time, the formalization of the contract? It's actually a formalization of your motions 87-557 and 87-558 of last week which awarded the Bayfront Park development Phase III to Danville/Findorff and it's in your package that I passed out this morning. It's a formalization of those... Mr. Plummer: So move. Mr. Carollo (off mike): What is the motion? Mr. Plummer: To approve the contract as we agreed upon at the last meeting. Formalization. 72 June 25, 1987 Mr. Carollo (off mike): Formalization... Mrs. Dougherty: And it's a disallowance of the bid award protest. Mayor Suarez: Disallowance of the bid award protest. Mrs. Dougherty: The second bidder... Mr. Carollo (off mike): It does not mean that I'm going to vote for anything else that the non -group wants for Bayfront Park. Mr. Plummer: Well, but you have to understand she only slipped one paper in the middle. Mayor Suarez: Call the roll. Ms. Hirai: We need a second, Mr. Mayor. Mayor Suarez: Madam? Ms. Hirai: It's been moved and I need a second. Mayor Suarez: Yes, I understood Commissioner Carollo to second. No? Yes. Mr. Carollo: Yes. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-603 A RESOLUTION ACCEPTING THE BID OF DANVILLE/FINDORFF, INC. IN THE PROPOSED AMOUNT OF $3,654,000, BASE BID PLUS ALTERNATES 'A" THROUGH •F" OF THE PROPOSAL, FOR BAYFRONT PARK REDEVELOPMENT - PHASE III); WITH MONIES THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, PROJECT NO. 331302, IN THE AMOUNT OF $3,654,000 TO COVER THE CONTRACT COST; ACCEPTING FROM SAID LOW BIDDER A DONATION OF $25,000 AND A GUARANTEE TO HOLD THE CITY HARMLESS; APPROVING THE CHIEF PROCUREMENT OFFICER'S DISALLOWANCE OF A BID AWARD PROTEST; 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 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. 73 June 25, 1987 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I - - - - - - - - - - - - - - - - - - - - - - 23. APPROVE ADDENDUM TO OMNI AREA REDEVELOPMENT PLAN Mayor Suaret: Item thirteen. Omni Redevelopment Plan. Mr. Odio: It's an addendum to the Omni Redevelopment Plan. Mayor Suarez: Minor amendments. Mr. Matthew Schwartz: These are minor amendments that just... Mayor Suarez: Insubstantial minor amendments. Mr. Schwartz: It's a clarification of information that requested by Dade County prior to their review of this on July 7th. Mayor Suarez: OK. Mr. Plummer: What - what item are you on? Mr. Schwartz: Thirteen. Mayor Suarez: The Omni Redevelopment Plan. Mr. Plummer: Thirteen? Mr. Schwartz: Thirteen. The Omni Redevelopment Plan and addendum to the plan. Mr. Plummer: Wait a minute. Hold on. Mayor Suarez: Is it right, Matthew, while the - Vice -Mayor is looking at it that the City, as proposed, would be the Redevelopment Board? Mr. Schwartz: That's not included in this - in the plan. Mayor Suarez: It's not. Mr. Schwartz: There has to be an intergovernmental - if the County approves it, then the - on July 7th, then the City and the County has to negotiate an intergovernmental agreement. Mr. Plummer: But what is the addendum? Mr. Schwartz: The addendum is additional documentation requested by Dade County on the Plan, more detailed information. The major elements include an acquisition plan which shows sites that may be acquired. There's no commitment to acquire these sites and... Mr. Plummer: Do we have that? Mr. Schwartz: Excuse me? Mr. Plummer: Do we have that? Mr. Schwartz: It's included in your package, yes. Mr. Plummer: Huh? Mr. Schwartz: It's included in your package. It's attached to the item. Mr. Plummer: Oh, that's - I'm - all right, you see I'm in PZ-13, I'm sorry. Mr. Dawkins: OK, Mr. Schwartz, on page 12, where it says, neighborhood impact: You say, "If the private sector chooses to acquire land and replace residential units with commercial units, the displaced low and moderate income households will have the opportunity to find housing in the nearby Southeast Overtown Park/West development area where over nine thousand housing units are planned by the year 2005." Why is it we continue to speak of residential 74 June 25, 1987 units in Overtown Park/West and we don't speak of commercial development in Overtown Park/West? Mr. Schwartz: The Overtown Park/West plan, as approved by the City Commission in 1982 calls for the development of nine thousand residential units and a million square feet of commercial space in the Overtown Park/West area. The major thrust of that plan was the provision of housing in the community and that is the major housing resource being proposed or on record by the City for the downtown area. Mr. Dawkins: Mr. Bailey. Mr. Dawkins: How much vacant land is still left in the Overtown side of Overtown Park/West, sir? Mr. Herb Bailey: In the Overtown side? Under private ownership? Maybe about... Mr. Dawkins: Under anything. Mr. Bailey: OK, about... Mr. Dawkins: That's available. Mr. Bailey: Probably about sixty-five or seventy acres. Mr. Dawkins: OK, is there any way, Mr. Bailey, that some of this land can be earmarked for commercial development? Because what I'm seeing here is the same thing that we have now. If you go to Liberty City, we don't have any commercial development. You got to go to Westland, Dadeland, or downtown. Now you're telling me that we're going to develop Overtown and we're not going to have any commercial within the area; you're still going to have to go to Westland, Dadeland or downtown. Mr. Bailey: No, that's not exactly clear, Commissioner. The entire project area has about two and a half million square feet of commercial space to be developed. As you remember, when we asked for zoning for the entire 240 acres, we were only permitted to zone twenty-eight. Which means, it leaves the other two hundred and some odd acres open for any type of zoning that this Commission so desires. We cannot actually dictate what is to be the improvements on the land until we own it. So to answer your question, if this Commission so desires in the future that '.he entire balance of the project can be whatever you decide to zone it for. Mayor Suarez: But it is a fair statement, Herb, that it's not all that easy to attract commercial as - as housing so far and that that means that people who will be living there will still have a, as the Commissioner's implying, a tough time finding where to go buy and food and everything else. Mr. Bailey: No, we're, we're committed - we're committed for convenient commercial. That means that the type of commercial activity that will support the life-styles of the people who are there; you're talking about shopping, convenience centers like supermarkets and retail... Mayor Suarez: Well, that's better than nothing, you know, to have convenience stores but it's... Mr. Bailey: ... yes, but not the hi -rise office type facilities or the major retail facilities. Mr. Dawkins: I'm talking in terms of malls where when people get ready to go buy Easter clothing, they don't have to go nowhere, they can get it in the area. When they buy clothing for kids to go back to school, they can get it in the area. Mr. Bailey: We still... Mr. Dawkins: These are the type of stores that I'm talking about. Mr. Bailey: We still have the option and the provision to do that. Mr. Dawkins: OK, thank you. :I i� i i 75 June 25, 1987 LP] E, Mrs. Kennedy: Herb, am 1 correct in assuming that there's no residential replacement? Mr. Bailey: Residential replacement for the Omni area? Mrs. Kennedy: Replacement - you're not replace - yes - no. Mr. Bailey: Not, not proposed at the moment, no. Mrs. Kennedy: OK. Mr. Dawkins: That's too near Biscayne Boulevard, Commissioner Kennedy, and they want to save that for those other people. Mayor Suarez: Item - item thirteen. Any... Mr. Dawkins: Move it. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mr. Plummer: Well, well, excuse me... Mayor Suarez: Seconded. Mr. Plummer: I - all right, under discussion. I see that the board of County Commissioners are asking for additional information. That is not the same as an addendum. Mr. Schwartz: The Board of County Commissioners, on June 8th, at the Finance Committee, they had consultants reviewing, G&A Associates reviewing this plan. They have indicated that before they would bring this back before the County Commission on July 7th, this is the information they gave us a list of items that they wanted us to provide additional information, we needed then to provide this to the City Commission and as an addendum to the plan, this is additional information. This is in more detail than was provided originally to the City Commission. Mrs. Kennedy: And everything will have to be approved by this Commission. Correct? Mr. Schwartz: The plan is just a general framework before any kind of implementation would go forth; if there's any acquisition, there's any expenditure of funds and the detail programs, we would have to come back before the City Commission. Mayor Suarez: OK, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-604 A RESOLUTION APPROVING AN ADDENDUM CONTAINING ADDITIONAL INFORMATION RELATED TO VARIOUS COMPONENTS OF THE PREVIOUSLY APPROVED OMNI AREA REDEVELOPMENT PLAN, A COPY OF WHICH ADDENDUM IS ATTACHED HERETO AND WHICH SHALL BECOME PART OF THE OMNI AREA REDEVELOPMENT PLAN. (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- 76 June 25, 1987 • Ell 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: One last question, Matthew. One of the County Commissioners Indicated that upon determination of a tax increment district, one of the municipalities must be the one that is determined to be a development authority. Can it not be a combination or maybe even a separate entity created with County and City appointments or whatever? Does the statute specify that it must be one of the municipalities? Mr. Schwartz: I don't believe so. I believe that the way it's structured now, Dade County has the authority and Dade County can delegate. Mayor Suarez: I would think they would if they could deem the City to be the development authority, they could certainly do a combination of both entities. Anyhow, would you check that point out for me? Mr. Schwartz: I will check that. 24. CLOSE PORTIONS OF N.E. MIAMI COURT AND MIAMI PLAZA CONDITIONED UPON SCHOOL BOARD PAYMENT OF $101,000 FOR USE OF CITY PARKS AND 60% OF COST OF MAINTENANCE OF THOSE PARKS Mr. Dawkins: Mr. Mayor, may I ask permission to move PZ-3? Dr. Stenson has death in the family and he has to leave town so. He has a plane to catch at 6:00 o'clock. Mayor Suarez: Item PZ-3 is certainly in order to take because it's after 3:30 p.m. Is there anyone that wishes to be heard on item PZ-3? Let the record reflect that no one has stepped forward. The applicant is actually a school board. Mr. Dawkins: The only question I have is, will somebody in zoning over there - why are we saying, close N. E. Miami Court when N. E. Miami Court, from fifty - it dead ends at 58th Street. We have a day care center there and you're talking about closing a nonexistent street, why? Why do you have that in here? Mr. Sergio Rodriguez: That answer has to be made - finished by Mr. Campbell from public works and I don't know where he is, sorry. Mr. Dawkins: OK, you're going to put it up there now? OK, show me N. E. Miami Court at 58th Street. Now - and across the street there - back right there - that's a day care center. Now why are you talking about closing that from 58th to 59th when it's nonexistent? Why do you have that in here? OK, will the planning department correct this to reflect what we're actually closing over there so that... Ms. Della Hatch: Excuse me, Commissioner Dawkins, I can - I can explain to you why. My name is Della Hatch. I'm with Dade County Schools. It was requested by the City that we include this street because apparently when the park was built and so forth, the street was not officially... Mr. Dawkins: Closed. Ms. Hatch: ... completely closed, so this is to make it official. Mr. Dawkins: OK, in other words, the street was not officially declared closed. i Ms. Hatch: Right, so we're making it official. i 77 June 25, 1987 : Mr. Dawkins: So what the City of Miami is doing is making you do their dirty work. Ms. Match: Well, it's OK. Mr. Dawkins: No, it's not OK either. OK, what is it, Mr. Pierce? Mr. Walter Pierce: They would like to incorporate the street into the school park site and in order to do that, you got to formally close her. It's not dirty work, it's just a legal necessity. Mr. Dawkins: Yes, but, but we have a day care center sitting in the middle of the street. Mr. George Campbell: No, the park itself was replatted. Mr. Dawkins: OK. Mr. Campbell: By the City and the street was closed. Mr. Dawkins: OK. Mr. Campbell: These are additional streets to the east. Mr. Dawkins: So it's the planning department's request to close the street and not the school board. Mr. Campbell: No, sir, it's the school. Mr. Dawkins: To close N. E. Court... Mr. Campbell: It's the school board that is replatting the property to the east and closing the streets so that they can incorporate the park - make the use of the park with their school. Mr. Dawkins: Yes, J.L., yes. No, OK, good, OK, we will, OK. Mr. Pierce (off mike): Yes, because we own the park site, we have to join the street closing. Mr. Campbell: Yes. Because we own the park, we have to join in the plat with them according to law. Mr. Dawkins: That's all I said from the beginning. OK, I understand, Dr. Stenson, that the school board promised to provide some dollars or something for the parks. What was it, J.L., they promised? Mr. Plummer: Mr. Dawkins, we had been talking about the parks and the use of parks and how they were going to come up and talk and sit down and I just - you know, as we have done before unfortunately, we have to hold everything in abeyance until we can get them to the table to talk. Now, I have met with the people. They have not come back to me about the parks picking up more than 40 percent and the $101,000. It is my understanding that we are supposed to get together next week so I'm asking that this matter be deferred until such time as all matters... relating with the school board gets together. Mr. Dawkins: Can't we pass it with the recommendation that - than unless... Mr. Plummer: Subject to? Mr. Dawkins: Subject to. Mr. Plummer: Yes, sir, I have no problem with that. Mr. Dawkins: All right, I'm going to add one to it too, J.L. Mr. Plummer: Yes. Mr. Dawkins: OK? We're going to pass it subject to what J.L. said and Dr. Stenson, we're trying awfully hard to increase our sanitation department's workload so that we do not have to lay people off in the sanitation department. So we would like to know from the school board that the school 78 June 25, 1987 board will use the City of Miami's garbage pickup and you'll also use the City of Miami's pickup during construction. Now, those are the two things we'd like to bring back for the second hearing and we will pass it. I move that It's passed with those conditions. Mrs. Kennedy: Second and under discussion. Herb, do you have any I mean, Walter, do you have any problems? Walter. Mr. Pierce: There's no... Mr. Plummer: There is no second hearing. Mr. Pierce: No second hearing on it, this is a resolution for the street closure. What has to come back later to the Commission is the actual plat. Mr. Plummer: Well, then let's do it this way. Pass this item as presented subject to and only completed when the other two matters have been resolved. Mr. Dawkins: Can we do that Mr. Pierce? Mr. Plummer: Sure, we can do it. Mr. Pierce: Well... do you want me to tr.lk to you? Mr. Plummer: No, no, go - don't talk to me. Mayor Suarez: You may contradict him. He's not getting paid to give opinions. Mr. Pierce: Well. Mrs. Kennedy: This is public now. Mr. Plummer: No, I just shoot him. Mayor Suarez: That's right. Mr. Dawkins: What's up, Walter. Go ahead. Mr. Pierce: Well, generally it's a street closure. There's one criteria for the closure of a street; whether or not it's needed for traffic circulation. Mr. Plummer: And I haven't had the opportunity to make that determination at this time. Mr. Pierce: Then... Mr. Plummer: Don't I, as a Commissioner, who vote in this City have the right to make that determination for myself? Mr. Pierce: Yes, sir, but if you pass... Mr. Plummer: And don't I have the right to go look at it? Mr. Pierce: Yes, sir, then you should either defer or continue this item. You should not vote on it. Mr. Dawkins: Defer it, J.L. Continue it, J.L., until the next meeting. Mr. Plummer: Smart aleck. Mr. Dawkins: OK, go ahead Dr. Stenson. Mr. Pierce: I'm trying to keep you out of trouble. That's what you pay me for. Mayor Suarez: Doctor. Mr. Dawkins: Go ahead, Dr. Stenson. Dr. Solomon Stenson: OK. To the Commission and Mayor. 79 June 25, 1987 Mr. Dawkins: Your name address, Dr. Stepson. Dr. Stenson: Solomon Stepson, 6900 N. W. Fifth Avenue, Miami. City of Miami. I understand that there are problems in terms of working out other agreements. What I'd like to convey to the City is the need for this school to be constructed. We have students out there in conditions right now that, in my opinion, are undesirable. As you recall, we appeared before you a couple of years ago to get portables to house students in Athalie Mange Park. We are all ready to go with plans we are ready to submit to the state. If at all possible, if you could find it in your hearts to pass this and let's try and work out the other agreements. We are not holding up a project that's desperately needed in a community where congestion is to the point where we can't even put portables there any longer to house students and in your wisdom, I beg you to reconsider this so that we can get on with this project and at the same time try to work out the other concerns that I'm aware of. Mr. Plummer: You see, that's the problem. If you stand there, Dr. Stenson, and tell me you will work out the problems. That's different than we "may" work out the problems. You see, unfortunately, I got to hold a hammer because that's what's called negotiation. Dr. Stenson: Let me respond this way, Mr. Plummer. On the other problems, if they are not worked out, you have the right to withhold judgment on those projects individually as you see fit. And you know that. Mr. Plummer: No - no, no, it's not the other project. I'm trying to get more money out of you. I'm not going to withhold. Hey, this is you giving to me. I'm not giving to you. Look, I'm willing, if they tell me that's it's subject to' approval of the other items, I got no problem, I'll vote for it immediately. Dr. Stenson: Well, the only thing I can do is to give you my word that I will try and work with our people to come up with a satisfactory agreement. Mr. Plummer: When does construction start? Dr. Stenson: For this particular school? Mr. Plummer: Yes. Dr. Stenson: We are trying to start construction around September or October. Mr. Plummer: That's fine. You'll get your answer at July the 9th meeting. That's not going to ho... Dr. Stenson: But we - we have to go to the state and we can't go to the state until you give us the approval. Mr. Plummer: You do have a problem. Dr. Stenson: We got a real big problem. And I personally want to go over there and lay brick myself, we need this school so bad. Mr. Dawkins: J.L., is it possible that we could approve it and then if they don't give us what we want, we stop them from using all our other parks around there for schools. Is that legal? Mr. Plummer: Well, that's the status right now. Look, I don't want to hold you up, OK? But I'm just saying that when you go to negotiate, you got to have tools on both sides to negotiate with. That's what I'm saying. Dr. Stenson: I understand. Mr. Plummer: Don't send me to negotiate with my hands tied. Dr. Stenson: I understand. Mayor Suarez: What's the Commission's pleasure on the item, PZ-3? Mr. Dawkins: I don't know. 80 June 25, 1987 t Mr. Plummer. I can't sit here and be accused, and rightfully so, of holding up a school which is sorely needed. I can't do that. You know, I love my City and everything like that. I say we got to accept it. I don't want to do it, I want to tell you, but... Mayor Suarez: Build in the best... Mr. Carollo: It's got nothing to do with any of the radio stations here, right? Mr. Plummer: No. Mayor Suarez: Build in the best provisos... Mr. Carollo: Move. Mayor Suarez: ... and the tightest provisions you can. Mr. Dawkins: It's been moved. Mr. Carollo: Second. Mayor Suarez: Have we done that already? Is that built in to whatever motion we make? We have a motion and a second. Mr. Pierce: The motion is simply for approval of the passage of the resolution to close the street and then they will subsequently return with approval of the plat. Mr. Plummer: Well, I'll tell you how I can do it, Doctor, because I've talked to you. Dr. Stenson: Right. Mr. Plummer: OK? I will make this subject to the approval of that which has been proffered of the school board paying this City $101,000 in the initial payment and picking up 60 percent of the maintenance of the parks involved. Now, you come up with that one, you got the other one. You can buy that one. Dr. Stenson: I think we can... Mayor Suarez: Swing that one. Dr. Stenson: ... My staff tells me we can probably work that out. Mayor Suarez: OK. Dr. Stenson: OK. Mayor Suarez: With that proviso, we have a motion and a second, the movant and accepts... Mr. Plummer: And Doctor, I commend you for volunteering that. Dr. Stenson: Thank you, Mr. Plummer. Mayor Suarez: Movant accepts the modification. Mr. Dawkins•: Yes. Mayor Suarez: Second also. Call the roll. Mr. Plummer: Well, well, wait a minute, Mr. Mayor, we still expect them to, in good faith, talk to Commissioner Dawkins' problem. Dr. Stenson: We will. Mr. Plummer: OK. Dr. Stenson: We will. Mayor Suarez: Call the roll. 81 June 25, 1987 i i 0 0 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 87-605 A MOTION GRANTING REQUEST RECEIVED FROM THE DADE COUNTY SCHOOL BOARD FOR CLOSURE OF PORTIONS OF N.E. MIAMI COURT AND N.S. MIAMI PLAZA BETWEEN N.E. 58 AND 59 STREETS AND PORTIONS OF N.E. 58 STREET AND N.E. 58 TERRACE BETWEEN N.E. MIAMI PLAZA AND N.E. 1 COURT, SUBJECT TO AND CONDITIONED UPON RECEIPT BY THE CITY OF THE SUM OF $101,000 FROM DADE COUNTY SCHOOL BOARD FOR THE USE, BY THE SCHOOL BOARD, OF CITY PARKS AND THE SUBSEQUENT PAYMENT TO THE CITY, BY THE DADE COUNTY SCHOOL BOARD, ON A CONTINUING BASIS, OF 60% OF THE COST OF THE MAINTENANCE PERFORMED ON THOSE PARKS. 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. 25. A - WAIVE RENTAL OF BOBBY MADURO STADIUM FOR BASEBALL INFANTIL Y JUVENIL DEL CARIBE B - ALLOCATE $20,000 TO BASEBALL INFANTIL Y JUVENIL DEL CARIBE FOR NEW UNIFORMS; ADMINISTRATION TO SEEK ASSISTANCE FROM HOTELS AND RESTAURANTS FOR ACCOMMODATIONS AND FOOD Mayor Suarez: Item twenty. Why don't we do very quickly item twenty. Mr. Carollo: Can we do item twenty. Mayor Suarez: Item twenty. Serie Infantil, that's it. Mr. Odio: Can I make it brief? While there is a rent for the Miami Stadium and we always have sponsored this, I recommend that we do it. Mr. Carollo: Well, let, let me say this... Mayor Suarez: Commissioner Carollo. Mr. Carollo: Let's divide it into two things. I'll make a motion for the rent to Bobby Maduro Stadium then I want to make another motion. So I make a motion for the rent of Bobby Maduro Stadium. Mr. Dawkins: How much - how much are we talking about, Joe? Mr. Plummer: Second. Mr. Carollo: It's not too much. Mayor Suarez: Is that a rental waiver? Mr. Carollo: Yes, it's a waiver of the fee. Mr. Odio: Yes, it's fee. Mayor Suarez: So moved. Seconded. 82 June 25, 1987 Mr. Odio: That's fifteen - that's fifteen thousand. Mr. Dawkins: How much are we talking about? Mayor Suarez: Just so we know, Commissioner Dawkins wants to know how touch does it usually cost? Mr. Odio: Fifteen thousand two hundred and sixty dollars ($15,260.00). Mr. Carollo: How much? Mr. Odio: Fifteen thousand two hundred and sixty dollars. Mrs. Kennedy: Does that include the lighting? Mr. Carollo: Fifteen thousand two hundred and sixty dollars. Mr. Odio: Two sixty, that's the rent. Mrs. Kennedy: Does that - is that... Mr. Carollo: Fifteen thousand two sixty. That's for the waiver of... Mayor Suarez: How many nights is it? Mr. Odio: Well, it's from July 27th to August 1st, is... Mr. Plummer: First. Mayor Suarez: Seven or eight days. Mrs. Kennedy: Cesar, does that include the lights? Mr. Carollo: About a week. Mr. Odio: Yes. Mr. Carollo: OK, now. Mayor Suarez: OK, wait, let's vote on it. You want to vote on that, right? Mr. Carollo: Yes, it's a motion, Mayor. Mayor Suarez: Call the roll please. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-606 A MOTION GRANTING REQUEST RECEIVED FROM REPRESENTATIVES OF THE "IX SERIE DE BASEBALL INFANTIL Y JUVENIL DEL CARIBE" AND REQUESTING THE CITY MANAGER TO ALLOCATE THE AMOUNT OF $15,260 AS RENTAL FEE WAIVER FOR USE OF THE BOBBY MADURO STADIUM ON JULY 27 THROUGH AUGUST 1, 1987. 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. DURING ROLL CALL: 83 June 25, 1987 Mr. Plummer: I'm going to vote yes but I want the people to understand that there is a new policy of this Commission in which we give you money, you are subject to this event for an audit and you cannot spend any of those funds without this Commission's approval. of monies derived from that event. I vote yes. Mayor Suarez: Very important point. Mayor Suarez: Commissioner Carollo. Mr. Carollo: Yes. While we have supported this baseball series every year and we have waived the fees at the stadium every year, we have never actually contributed with direct funding. They have strived year after year to acquire independent funding. They're struggling now, they're struggling bad and I think if there's been a program that certainly deserves our financial assistance, it's this program that has so many of our youth involved in a worthwhile activity that's keeping them from other things that are the last areas we want to see our kids in. It may be better if you could explain to us and Manolo and - what are some of the other areas that you need financial help In. Mr. Dawkins: I'm sure you were impressed by the young fellows. Mr. Pedro Mora: OK, well first I would like to identify myself. My name is Pedro Mora. I live at 2150 N. W. Ninth Street, Apartment 508. Back to getting to Commissioner Plummer, the reason we are here before the City Commission because up to this point, we had no intention whatsoever of coming to the City and asking for help. We had a lot of promises from the private sector, needless to say the reason we're here is because none of them came through. That's why we're here. We don't be here. We were actually forced to be here. We are actually striving because the games start July 25th. We need forty thousand dollars. We have a total of nine countries coming over. We have an agreement with channel 23 which some of these games are going to be televised at the same time, the City of Miami is going to be seen more or less at a very nice level. Most of our problems lies on hotel accommodations and food. We have nearly three hundred participating total, coming from these nine countries and that includes baseball teams and management staff. And our problem right now lies on food and hotel accommodations. Mr. Carollo: How many rooms do you need per day for how many days? Mr. Mora: Well approximately five days we'll be needing an average of... Mr. Carollo: Five days? Mr. Mora: Five days, correct We'll be needing an average of forty-five rooms. Mr. Carollo: Forty-five rooms. Mr. Mora: Correct. Mr. Carollo: OK, you need any meals; you need breakfast, lunch and dinner for them. Mr. Mora: OK, we have a budget that we looked around and got several bids from different local restaurants and it's running between $15-$16 a day and that includes breakfast, lunch and dinner, which I think is quite cheap. Mr. Carollo: I'd like to make a resolution that will comprise of the following. One, that we approve twenty thousand dollars the one time only so the kids at least could also have some new uniforms besides the monies we're going to need to make the event successful. Mr. Dawkins: I don't know where that monies coming from but I second. Mr. Carollo: At the same time, I want our convention department Tony Pajares, Terry Brice and the others there to work with them so that we hopefully could get all, if not most of those rooms, donated by some of our different hotels and to also work in trying to get some free food as many days as possible at some of the different restaurants, hotels, etc. So that is my motion. 84 June 25, 1987 Mayor Suarez: So moved. Mr. Carollo: There is a second. Mayor Suarez: Commissioner Dawkins seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved Its adoption: MOTION NO. 87-607 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE $20,000 AS A ONE TIME GRANT TO THE "IX SERIE DE BASEBALL INFANTIL Y JUVENIL DEL CARIBE" SO THAT CHILDREN PARTICIPATING IN THE NINTH YOUTH CARIBBEAN BASEBALL SERIES CAN OBTAIN NEW UNIFORMS; FURTHER INSTRUCTING THE CITY MANAGER TO HAVE THE CONVENTION BUREAU WORK WITH REPRESENTATIVES OF SAID GROUP TO TRY TO OBTAIN SOME, IF NOT ALL, OF THE NEEDED HOTEL ACCOMMODATIONS, AS WELL AS COMPLIMENTARY FOOD FROM VARIOUS HOTEL AND RESTAURANT SOURCES, IN CONNECTION WITH THE HOLDING OF SAID EVENT. 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. Mr. Mora: Thank you. Mayor Suarez: OK, very brilliant presentation, Mr. Rreyes. 26. ACCEPT BID OF PRODUCTION ASSOCIATES, INC. FOR JANITORIAL SERVICES AT POLICE BUILDING Mayor Suarez: Item fourteen. Mr. Dawkins: Move it. Mayor Suarez: Item fourteen's been moved. Accepting the bid of Production Associates. Do we have a second? Mr. Plummer: Mr. Mayor, I'll second it. I got a phone call from somebody raising hell about this. Is that - are you the party that called me? Ms. Carolyn Howard: No, I didn't, but... Mr. Plummer: You're the party that called me. OK, I... Ms. Howard: ... but I have a protest. Mr. Plummer: You have a protest also? You're not the win - the award winning. Ms. Howard: No. Mr. Plummer: Are you the award winning? Somebody called me. I don't know. OK. Let's hear your protest. 85 June 25, 1987 Ms. Howard: My protest - my name is Carolyn Howard, Howard Professional Services, address 11255 S. W. 211th Street Miami, 33189. I'm here on behalf of Howard Professional Services and I did enter a protest. My protest is not against Production Associates, Inc. With all due respect to Miss Dawkins, I cannot say anything against the quality of her services. I guess my protest Is basically against the system. Mr. Plummer: For the record, Mrs. Dawkins is not in any way related to my colleague. No, I asked that question .... Mr. Dawkins: Yes, we all Black folks are kin, that ain't no problem. She is a relative of mine. Mr. Carollo: Then you go far enough into Mr. Dawkins roots, you don't know. Mr. Dawkins: You're kin, darling, go ahead. But I'm going to still vote for you, I'll have no conflict of interest. Go ahead. Ms. Howard: OK. The reason I filed a protest is that I have been currently cleaning Miami Police Department for the last eleven and a half months on a emergency bid. And one of the problems when I went there was the problem with the specs and the services not being equivalent or being the same. There was a problem as to how often things needed to be done and we were dealing with what people saw versus what the specs asked for. So I spent the first two weeks, upon arrival, bringing it up to the standards of the police department as well as property maintenance. The bid went out and at the time the bid went out, I in turn, called to question, why is it that the bid would asked for less than what we were currently doing and what the needs of the police department required. At that time, I was given an answer that, well, those are the bids. At the time of the walk through, I again questioned as to why is it when you have an area that is high traffic, an area that we have been stripping and waxing even beyond what the bids called, to my loss and to Howard's loss, attempting initially to spray buff them and burnish them at least once at week which is beyond the specs. And I asked this question at the walk through as to didn't the floors require more? The answer that was given by the assistant building manager was yes. Being a reasonable and prudent business individual at the time that I submitted my bid on the form that is provided by the City is a slot that asks for variance. In all due respect to property maintenance, having asked the question many times, knowing what I was doing, knowing the loss, knowing what the bid specs, I indicated a variance, an exception saying that it required more and I submitted my bid on behalf of what we were currently doing and what the floors were expected. Through the grapevine I heard that the recommendation was being considered for production and I, in turn, called to inquire what happened to considerations for my variance because I had never entered a variance on a City form. At that time I was told, well we entertained the last - the lowest three bidders who were number six. You were not the lowest and, therefore, we have to give it to the lowest person assuming and if they say they can do the job as written. I raised the question then and I raise it now and perhaps I'll raise it tomorrow. Why is it that we send out specs that ask for less than what the current people are doing and less than what the needs are and less than what the occupants are asking for. And, then when it goes wrong, being it's a Black set aside do you then hold Miss Dawkins responsible saying, she's not living up to it? Or do we issue a change order - a change order that's equivalent to what the other bidders or myself have all submitted. And then, my question is, if you don't submit change order, do we allow the floors to look that way and then turn and say, it's a Black vendor and that's what we expect. Mayor Suarez: Let's break right there. What is the answer to that question, Ron or Mr. City Manager? Mr. Ron Williams: Mr. Mayor, we do not plan to issue any change orders. We developed a set of specifications that we thought would... Mayor Suarez: As of now, you're satisfied with the specs and... Mr. Williams: Absolutely, we had a ... Mayor Suarez: ... the bids received? 86 June 25, 1987 i 'W Mr. Williams: Right, ire held a pre award session with the recommended vendor to insure that this vendor understood the full ramifications of their bid. The full set of requirements for the facility. We put them on notice as to the quality level that we expected them to maintain and at the low bid price as presented. Mayor Suarez: You don't think a year from now we'll be getting on your back about the lack of quality work from the lowest bidder based on the specs? Mr. Williams: I believe not, Mr. Mayor, the vendor has given full indication that they plan to comply with the specifications as responded to for that price without consideration or change order. Ms. Howard: Sir, with all due respect, it's not that a bidder cannot comply with the bids. The question is whether or not that we have been over there using a wax that's 24 percent wax which is one of the purest and one of the best you can buy. I'm sure Miss Dawkins will attest to it. But if the floor need to be done more often. When you walk on your floors do you expect them to look like a Winn Dixie or do you want them to look like a Publix? And I have been standing there when a person walks in, OK, and said, these floors need to be done. Well, the specs only asking for them to be done in highly trafficked area at least once a month. And when you walk on the first floor of that police station with two thousand people on the first floor and that small area with the scuffing of the shoes that the police persons wear, that is not adequate and the building manager has asked for more. And now I ask, why is it that the specs now are less than what is currently being done? And not that the person cannot do them. Mayor Suarez: OK, ma'am. Ms. Tania Dawkins: Tania Dawkins, Production Associates, 6022 N. W. Sixth Avenue. Mayor Suarez: You're from a good side of the Dawkins' family? Ms. Dawkins: The better side, yes. The same side as Commissioner Dawkins. I just... Mayor Suarez: Well, I said that to contrast with his side, you know. Ms. Dawkins: I just wanted to be very brief and say that I'm also supportive of Miss Howard as a service provider and the same way she couldn't come up here and say anything about my services, I certainly can't say anything negative about hers. However, I think the issue that Miss Howard has brought to you today is certainly a philosophical one and a technical one in terms of how the City develops it's specifications. As someone who has extensive experience in construction and in the cleaning business, I believe - and public facilities, in particular. Any set of specifications can be upgraded and upgraded and I believe that the City will support me in saying that any set of specifications is a function of need as well as the budget. And, you know, I could clean this building and make it look like a Publix for $20,000 a month. Somehow, I just don't think you'd pay that. Again... Mayor Suarez: Well, I would say it's more a technical question than a question of philosophy and that's why we have to defer to the people in our staff, at least from my perspective, who are the technicians in this area. Ms. Dawkins: In any event, again, I just wanted to say that the City has called me in. I think they had me there for three hours asking me about the company and about the building. They've called each of my references at least four times. We're capable of doing the building pursuant to the specifications and would like your support. Thank you. Mrs. Kennedy: OK, so what is staff's recommendation then? Ms. Dawkins: And for the record, I am not related to Commissioner Dawkins. Mayor Suarez: We figured. He's a lot less good looking than you are so we figured it has to be the other side of the family. Mr. Odio: And we recommend for the lowest bidder. 87 June 25, 1987 Ms. Howard: May I just make one more comment for the record. Commissioner Dawkins, we sat here today and you raised the issue in reference to Ron Frazier's firm. I hope that we don't sit here one year from now and Miss Dawkins is being tantalized... Mr. Dawkins: That was Joseph Middlebrooks not Ron Frazier. Ms. Howard: Pardon me? Mr. Dawkins: Joseph Middlebrooks not Ron Frazier. Ms. Howard: Joseph Middlebrooks, I'm sorry. Mr. Dawkins: That's all right. No problem, no problem. Ms. Howard: That we don't sit here one year from now and that black vendors are scorned and that they are looked at as if they cannot provide the jobs when the specs do not provide for such. Mr. Odio: Well, as it turns out, Mr.... Mr. Dawkins: I guarantee you that that will not happen and if we find that what you're saying is happening, Mr. Williams may need a job, OK? Because that's his recommendation. But, Mr. Williams what I would like to know, seriously is, when production - not production - what's your? Ms. Howard: Howard. Mr. Dawkins: Howard. When Howard came in and said that we needed two coats of something. Why wasn't it suggested to her to submit two bids? One with I mean, it's after the fact, but, we don't know and if we aren't helped, we will never know, OK? Now was it possible to have told her, fine, submit two bids; one with the exception and one without the exception. Mr. Williams: Well, we could not consider alternate bids, Commissioner. However, as Miss Howard indicated, the bid spec does provide that if you have a variance, you identify that and price it. One of the things that happened in this bid, Miss Howard provided the information to us that she felt additional work needed to be done and she indicated no particular price for - that it would be included in her bid. And I think that, if I may, I think that, we have to look at it that way, one of the things that Miss Howard has done is brought the quality of that facility up to a level that we're all proud of. Thus, the degree that GSA went to in terms of meeting with prospective vendors in that area to assure that quality would be maintained. Mr. Dawkins: All I'm asking, sir, is, is it legal or illegal for Howard's firm to have submitted a bid without the variance which they noted and to have submitted another one with a variance which they felt would bring the - in their opinion, not in yours now, because you're the one who makes the decision, but in their opinion which they felt would bring up. Was that illegal? Mr. Williams: I honestly would have to refer these legal questions to Lucia, I'm sorry. But, we can only consider one bid per bidder. Mr. Dawkins: We have over here, Part A, Part B everyday. People bid on the total bid. They bid on Part A and then they bid Part C and then they bid the total bid. Is that correct, Madam City Attorney? Mrs. Dougherty: Yes, but that's what - the specs actually call for that kind of bid. The specifications could call for that kind of a bid in this instance, but in this case, it wasn't. Mr. Dawkins: No, I don't want to put anything in the specs that were not, I'm just trying to figure out, you know, if that were legal. Mr. Plummer: Let me ask a question. Mr. Dawkins: OK, thank you. Mr. Plummer: Did the variance that she proffered have a price attached to it? 88 June 25, 1987 Mr. Williams: No, it did not. No. Mr. Odio: If we did what she wanted, it would have cost twenty-six thousand dollars more a year. Mr. Plummer: OK. Ms. Howard: No. Mr. Dawkins: That's what is included. Ms. Howard: That figure is the difference between the lowest bidder and mine. Mr. Odio: That's what I'm saying. You would have cost the City twenty-six thousand dollars more a year. Mr. Plummer: Without the variance, would she have been the low bidder? Mrs. Dawkins: There is no way of determining that at this point. Ms. Howard: No one knows and no one has ever asked. No. They don't know. No one knows. Mrs. Kennedy: If you know, will you tell us what you know? Mr. Williams: Commissioner, we've made no attempt to price at this point the additional proposal by Miss Howard essentially because she included it as part of her total bid. Mr. Plummer: Then it's not a variance. Mayor Suarez: What's the recommendation of the manager? Mr. Odio: The lowest bidder. Mr. Dawkins: Which is? Mr. Odio: Production. Mayor Suarez: Do we have a motion and a second on that? Already? Do we not, Madam City Clerk? Ms. Hirai: Yes, we do, Mr. Mayor, we do. Mr. Plummer: I vote for Dawkins' sister-in-law. Mr. Dawkins: And Commissioner Kennedy is happy that it's two women. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll on item fourteen. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-608 A RESOLUTION ACCEPTING THE BID OF PRODUCTION ASSOCIATES, INC. FOR FURNISHING JANITORIAL SERVICES AT THE POLICE BUILDING FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY AT A TOTAL PROPOSED COST OF $125,856.00; ALLOCATING FUNDS THEREFOR FROM THE 1986-87 PROPERTY MAINTENANCE DIVISION FUNDS, REPAIR AND MAINTENANCE SERVICES -OUTSIDE #421001-340; APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION IN CONNECTION WITH A BID SOLICITATION PROTEST; 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 89 June 25, 1987 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. DURING ROLL CALL: "Mr. Plummer: Since Commissioner Dawkins is happy that Rosario's happy, I vote yes. Ms. Hirai: Oh, Mr. Carollo, I am sorry. Mr. Carollo votes yes. Mayor Suarez: Since Vice -Mayor is happy that Commissioner Dawkins is happy that Rosario is happy... Mr. Dawkins: Let the record reflect that Tanis Dawkins is no relation to Miller Dawkins. Mayor Suarez: So ordered. I vote yes. 27. AUTHORIZE EXECUTION OF LEASE AGREEMENT WITH AMERIFIRST DEVELOPMENT CORPORATION FOR OFFICE SPACE DOWNTOWN Mayor Suarez: Item fifteen. Lease for the... Mr. Plummer: City Attorney, I so move. Mr. Carollo: Item eighteen. Mayor Suarez: Got a good deal finally, $14.60. Mrs. Kennedy: Ah yes, second. Mayor Suarez: Square foot. Mr. Carollo: I don't know, I think we ought to look at this a little closer. I don't want the Miami Herald coming back and... - Mr. Dawkins: Eighteen? What is eighteen? Seventeen or eighteen? Mr. Carollo: Eighteen. Mayor Suarez: Item fifteen, fifteen, fifteen. Mrs. Kennedy: No, no, fifteen. Mr. Plummer: Fifteen. Mr. Dawkins: Fifteen? Mrs. Kennedy: Law department... Mr. Carollo: I'd like to have a separate agreement like the one that we discussed on the sports authority guaranteeing us that these... Mayor Suarez: The old side agreement. Mrs. Dougherty: I think they're teasing us. Mr. Plummer: Are there side agreements? 90 June 25, 1987 Mrs. Dougherty: There are no side agreements. Mayor Suarez: No side agreements. All right, any further discussion? Do we have a motion and a second? Mr. Carollo: No further discussion. Mr. Plummer: I moved it. Mr. Carollo: Second. Mrs. Kennedy: Yes, and I seconded it. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-609 A RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH AMERIFIRST DEVELOPMENT CORPORATION, TO PROVIDE FOR LEASING APPROXIMATELY 16,000 SQUARE FEET OF OFFICE SPACE IN THE DOWNTOWN AREA WITH FUNDS THEREFOR AND FOR RELATED MOVING COSTS ALLOCATED FROM LAW DEPARTMENT BUDGETED FUNDS AND FROM THE SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND. (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. 28. REQUIREMENTS, FEES FOR VENDORS DURING PAPAL VISIT Mayor Suarez: Item sixteen. Mr. Odio: This is to authorize an issuance of RFP for concession managers to coordinate and operate concession activities in connection with the papal visit - papal visit and authorizing the manager to execute agreement with successful proposals. Mrs. Kennedy: What percent? Mr. Carollo: Why do we need anybody to coordinate any of it for? Mr. Odio: Well, we have areas in the parade, alongside the parade that if don't control them, you're going to have people setting up... Mr. Carollo: I think we asking... Mr. Odio: Fine, Commissioners, it's your decision. Mayor Suarez: You could - under existing ordinances, we can't deal with this? 91 June 25, 1987 Mr. Plumber: No, you've got to pass it individually. Mr. Odio: You've got to pass it... Mr. Plummer: What you're in effect doing is the same thing you do like at the Grand Prix and the Goombay and other things, you prohibited vendors from a certain distance from the actual event. You know, you're going to have some yo-yo down there that will be selling the very thing that everybody's screaming about; a clock with a - a clock in the pope's belly and the City of Miami is going to get hell for it. Now, likewise, the Orange Bowl Parade, we have the right to have concessionaires in there. We regulate the number, what they can sell, we get revenue from it within that boundary. I think it is not only a matter of control but it is a matter of revenue producing and I would like to move it. Mrs. Kennedy: And I second. Mr. Carollo: I think that number one, if you're going to approve anything you should be sure that it's structured in such a way that no one, absolutely no one, could say that we discriminated against one group of vendors and favored another group. Mr. Plummer: Absolutely not. Mayor Suarez: How do we know this is truly competitive pursuant to following up on the Commissioner's question? Mr. Plummer: They put out RFPs. Mr. Odio: We will make sure that that doesn't happen. We will... Mayor Suarez: Well, but how do we really know that, you know what I mean. What is the mechanism? Mr. Carollo: Mr. Manager, frankly, you know what bothers me the heck out of all this, is it seems to me that every week we're getting more deeply involved in areas that this Commission shouldn't be involved in this whole thing. I think we have to provide certain security to a head of state. We're doing that, but I would hope that this City administration realize that there's a fine line that we cannot cross between the separation of church and state and getting the City involved in areas, you know, we really shouldn't be having to making all these decisions in. And you know there's the old statements I'd like to make on that. Mayor Suarez: Well, in - really, do we have any pending applications for example? Mr. Odio: No. Mayor Suarez: Is there anyone that has come in and said, I want a license for that day? And, if so, what are they told? You go back to the end of the line. When we pass this ordinance, you have to go through the RFP process. We're not going under existing ordinances? Mr. Plummer: No, Mr. Mayor, there is no difference than this than the Orange Bowl Parade. The... Mr. Carollo: Yes, but we're issuing a proposal for a concession manager or managers. Why do we need to have a concession manager or managers? We never had any before that I can think of. Mrs. Kennedy: To have control of the vendors. Mr. Odio: Yes, we have. In all our events we... Mr. Plummer: Who is the proposed manager, I... Mr. Odio: We don't have any answers. The RFP will bring up proposals to say... Linda Kelley, Esq.: That's what the RFP... 92 June 25, 1987 0 0 Mr. Plummer: You're talking about September. Mayor Suarez: But this concession manager is going to have some ability to select... Mr. Odio: To make sure that we have... Mr. Plummer: Why don't we handle it in-house? Mayor Suarez: Yes? Ms. Kelley: We can't do it that way. Mr. Odio: That, that - they told me we couldn't do it. Ms. Kelley: We cannot do it. Mr. Plummer: Why can't we do it in-house? We do it for the Orange Bowl Parade in-house. Ms. Kelley: We have a concession manager for the Orange Bowl paraders, we don't do it directly. Mr. Plummer: Who - who is the concession manager? Ms. Kelley: Volume Services I don't know who it was. We went out for an RFP for the Orange Bowl Parade as well. Mr. Odio: What we're afraid of, if we don't, they're probably be five hundred thousand people in downtown Miami that day. If we don't control this, we're going to have all kinds of vendors of all types... Mr. Carollo: Cesar, there's free enterprise, you know. Have five hundred thousand vendors. Mr. Odio: Commissioner, it's your decision, I... Mr. Plummer: Joe, I'm just scared to death there's going to be vendors down there selling things that's going to make nationwide... Mr. Carollo: J.L., there's going to be regardless of what. Mr. Plummer: No they're not because, Joe, if this ordinance passes they're going to have to be west of N. E. 2nd Avenue and they're not going to want... — Mr. Carollo: But my whole point is that who is going to say which vendors go and which don't? Mr. Plummer: The concession manager. Mr. Carollo: Yes, that's the whole - I guarantee you there's going to be people screaming, Ah, this group is favored, the other group wasn't. And then... Mr. Plummer: Well, I just think it's a source of revenue. I think it's a ... Mayor Suarez: Well, let me see if I can split it here. Mr. Plummer: It's a matter of control. Mayor Suarez: Because there's one issue here that may be... Mr. Vice -Mayor, the - you really got two separate things here, the issuance of an RFP which would dictate the kinds of things that would be had, how many different vendors and establish some sort of an orderly mechanism. It makes some sense to me although I'm concerned about the competitive aspect of it. But why a concession manager? Mr. Plummer: I don't disagree with you there. Mr. Carollo: That's the other thing that doesn't make sense to me.... Mr. Plummer: I think we can handle it in-house. 93 June 25, 1987 Mayor Suarez: I mean, if you force me to vote, I'll vote against the whole thing. If you give me separately the issue of the RFP, I'll vote for that. Mr. Odio: Just take out the word concessionaires. Mr. Plummer: Well, why, why don't we do it the other way around? Why don't we approve the manager. We authorize the manager to invite people to make proposals with a concession percentage returned to the City. The City will make a determination as to whether or not it's in good taste and then set the boundaries as normal. And we just let everybody have the opportunity to make a proposal with a set percentage return to the City and... Mr. Carollo: Is that going to apply also for the hot dog vendor, the ones that sell lemonade and everything else? Mr. Plummer: Yes, sir, it would apply to everybody, Joe. Mayor Suarez: Was that part of the RFP? Was it going to be on a percentage basis or was it going to be a flat fee? Mr. Odio: Let me read.. Mr. Plummer: I think we get 25 percent. Mr. Carollo: How can you know how much someone made? Ms. Kelley: There's a minimum. Mr. Walter Golby: There was a minimum of seven thousand dollars.... Mayor Suarez: Not very easy. Mr. Carollo: It's a big clean up business, it's going to be all cash. Mrs. Kennedy: All cash, yes. Mr. Carollo: It's an all cash business. Mayor Suarez: Not very easy. Mr. Golby: There was a minimum of $7,000... Mr. Carollo: It's impossible. Mr. Golby: Or a percentage against the gross receipts whichever was greater. Mayor Suarez: Whichever was higher, which, of course will be the $7,000. Mr. Golby: Or, I hope, the percentage. Mr. Plummer: You know, if you get a hundred... Mayor Suarez: No, they're just, you know, not going to count it all. Walter, come on. Mr. Plummer: If you get a hundred vendors it pays the - for what we've got to pick up on the tab. We're picking up a six hundred thousand dollar tab. You get a hundred vendors who come in and make minimum guarantee of seven thousand, you've already paid for it and it didn't cost the taxpayers anything. I - that as much as control, I think, is important. I'm in favor of the motion that I made. Don't make it - competitive means if you come in with a product that's acceptable, you pay $7,000 in advance for the right to sell during that parade. And I think that that, you know, gives us control. Mr. Dawkins (Off mike): What are we doing, a guy came up here... Mr. Plummer: Turn on your mike. I can't hear you. Mr. Dawkins (Off mike): A guy came - a fellow came up here... Mrs. Kennedy: Still can't hear you. 94 June 25, 1987 Mr. Dawkins: A fellow came up here wanting to sell medallions, OK? We said no. Now you come back and you say you want to sell any kind of trinklets. You aren't doing anything but - in my opinion, cheapening the visit of the pope. Mr. Plummer: Joe, but let... Mr. Dawkins: I mean either, 1 mean... Mr. Plummer: Let me disagree with you. Mr. Dawkins: OK, go ahead. Mr. Plummer: Disagreeing with you is that that fellow is going to go down there and sell those medallions anyhow because there's no restrictions and this City's not going to get a dime and we're not going to have any say over what those medallions are or what they look like. I say... Mayor Suarez: That's not what he claims, by the way. Mrs. Kennedy: No, no, no, no. Because I saw the medallions and so did you. Mr. Plummer: You're going to have some, rube outfit come in there with a miserable medallion, sell them for an overprice and then we're going to catch hell for it. I just say to you, once again, this is a way for the money to be recouped for the City. We're laying out six hundred thousand dollars in security. I think we have a chance of recouping a great deal if not all of it and it gives us a matter of control. I'm very much in favor. Mrs. Kennedy: I couldn't agree more with... Mayor Suarez: Is the RFP basically directed at the classic food? Mr. Plummer: Excuse me, my motion does not speak to an RFP and it does not speak to a manager. Mayor Suarez: OK. Mr. Plummer: It is open to all people who want to come in with a product approved by the department, who is willing to put up $7,000. That's my motion. Mayor Suarez: OK. Well, that was really pretty much the same argument that Commissioner Carollo was making... Mrs. Kennedy: Yes, he switched sides. Mr. Plummer: ... there, that you don't want to go into, you know, some kind of procedure here to somehow discriminate or select certain people. But is this RFP directed at food and drinks and the classic items or is it directed at the trinkets now? Ms. Kelley: Everything, everything. Food, beverage and merchandise as well, everything. Mr. Carollo: Any vendors. Mayor Suarez: And the same RFP? Ms. Kelley: Yes, the same RFP. Mr. Plummer: It's not an RFP. Please, excuse me... Mr. Carollo: It's not an RFP. Mr. Plummer: I'm opposed to the RFP procedure. It has to be open to everybody. OK? Mr. Carollo: Yes. 95 June 25, 1987 f f Mr. Plummer- And if they want to come in there and they want to put up the money and they have - we have the right to approve the product that's it's In... Mayor Suarez: i think - yes. Mr. Plummer, ... within good bounds. Mayor Suarez: The consensus of the Commission is that we believe in setting up some kind of an orderly process to accept, you know, those that want to go out there and sell certain things, but we don't want to in any way restrict it and we sure as heck don't want to have a concession manager. Mr. Plummer: Yes, what are you going to do with the guy who goes down there with a cart sealed... thirty gallon garbage can, selling beer for a buck a pop? How are you going to.... Mayor Suarez: Right. Mr. Plummer: This is a matter of control. Mr. Golby: But then basically you're asking the parks department to issue license agreements... Ms. Kelley: Right. Mr. Golby: ... for each individual vendors involved. Ms. Kelley: Exactly. Mayor Suarez: And put the controls in that fashion. Mr. Plummer: I hope you get two hundred vendors. Mr. Dawkins: If we get beer, it will not be Budweiser. Mayor Suarez: Now, do you n.eed... Mr. Dawkins: No, no beer was... Mayor Suarez: Does the reason you come to the Commission, Walter, is that you need us - for us to set some parameters on what you should charge? Is that the idea that you were trying to get at here? Mr. Plummer: What he comes here for, Mr. Mayor, is unless this Commission individually enacts the ordinance setting the boundaries, it's not in effect. Mayor Suarez: Well, the setting of the boundaries I have no problem with. There's got to be some limitation obviously. I don't think the rest of the Commission does either. Mr. Dawkins: Does anybody move this, Madam Clerk? Mr. Plummer: I move it. Mr. Dawkins: Does anybody second it? Mrs. Kennedy: Second. Mr. Dawkins: I'll call the question. Mayor Suarez: Moved and seconded. Mr. Plummer: My motion is that we open to all parties involved who wish to be vendors during this visit with the full understanding that they must pay $7,000 for the right to vend during that period of time and that this City will control and make sure that that which they vend is in good taste. Is that clear enough, I mean? Mayor Suarez: The City specifies the amount to be paid, specifies what is to be sold and specifies the locations. 96 June 25, 1987 f Mr. Plummer: Huh? Ms. Kelley: Exactly. Mayor Suarez: in a fully competitive pay. What are you saying, Mr. City Manager? Mr. Plummer: What are you saying? Mr. Odio: That it should be five hundred dollars per vendor individually, you know. Mr. Golby: These are individual vendors. Mr. Odio: Individual vendors. Mr. Golby: We were looking at the over all, we were looking at a group. Mr. Odio: We were looking at a group. Mr. Golby: Seven thousand was for a group. Mr. Odio: For a group. But if you bring in one little stand, I don't think they can afford... Ms. Kelley: It's only five hundred dollars. Mr. Plummer: Not five hundred. I mean, that's nothing. Mr. Odio: Five hundred dollars is what... Mr. Plummer: Make it a thousand for individual and seven thousand for -groups. Mr. Odio: What do they charge... Mayor Suarez: Well, if you say seven thousand for groups and if you distinguish you're going to also have to specify how many in the group, otherwise... You were getting ready to do the old monopoly here. I can see. Mr. Plummer: I am to add to my motion by the City attorney, that as far as locations are concerned, it's on a first come, first served basis. Mayor Suarez: Right. But we specify the general location where any of them can apply to. Ms. Kelley: Yes. Mayor Suarez: We specify the amounts - you want to put those actual amounts in there right now in you - or do you want to leave that for the staff to work out? Mr. Plummer: No, I would rather put a thousand dollars for individual vendors and seven thousand for more than single vendors. Do you have any problems with that? Mayor Suarez: I just don't know the logistics of saying seven thousand for - one guy could show up with a hundred vendors, that's a problem. Mrs. Kennedy: And the City has the right to approve the product. Ms. Kelley: Why don't you just keep it a thousand dollars per vendor? A thousand dollars for a vendor. Mr. Plummer: OK, do you want a thousand dollars per vendor? Minimum? Mr. Golby:(OFF MICROPHONE) Let's just take a flat fee of a thousand dollars. Mr. Plummer: Yes, but then I've got to get seven hundred of them to make the seven hundred thousand. Ms. Hirai: Excuse me, we need the statement on the record. 97 June 25, 1987 Mr. Plummer: All right. Mayor Suarez: When you clarify things or otherwise talk to the Commission, please do it on the record. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Here, let's try this one on for size. Thousand dollars for food vendors and two thousand dollars for other than food. I think that's... Mayor Suarez: Let's test the market here. Mr. Golby: As a flat fee. Mr. Plummer: That is correct. Mrs. Kennedy: As a flat fee. Mayor Suarez: We're going to test the market here, OK. There we go. We can get out of the monopoly way of functioning very quickly. OK, any further discussion? What happens if nobody comes in? We'll see, but hopefully we'll have enough... Ms. Kelley: We'll reduce the rates... Mr. Plummer: Who? The pope? Mayor Suarez: Proposals, right? Mr. Plummer: Still give us the control. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-610 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INVITE ALL INTERESTED PARTIES DESIROUS OF BEING VENDORS DURING THE UPCOMING PAPAL VISIT TO THE CITY OF MIAMI (SEPTEMBER 10-11, 1987) TO SUBMIT PROPOSALS FOR CONCESSION -RELATED ACTIVITIES; FURTHER STIPULATING THAT A FLAT FEE SHALL BE PAID TO THE CITY AS FOLLOWS: (a)$1,000 PER VENDOR FOR FOOD CONCESSION; AND (b) $2,000 PER CONCESSION ON CONCESSIONS OTHER THAN FOOD; FURTHER STIPULATING THAT THIS CITY WILL KEEP TOTAL CONTROL OVER WHAT IT DETERMINES TO BE IN GOOD TASTE AND OVER THE SELECTION OF PRODUCTS TO BE SOLD; AND FURTHER STIPULATING THAT VENDOR LOCATIONS WILL BE GRANTED ON A FIRST -COME -FIRST -SERVED BASIS. 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. Mayor Suarez: And that - there's no manager or anything like that... Mr. Plummer: No. Mayor Suarez: As of now, the City is controlling it. Mr. Plummer: No, sir. You go and apply. 98 June 25, 1987 Mayor Suarez: Thank you. Mr. Plummer: You show your product and that's what you can sell. Mayor Suarez: Thank you. That's what we're going to make money off very hopefully. Mr. Plummer: 1 sure do... 29. A - $50,000 ALLOCATION TO MIAMI DADE CHAMBER OF COMMERCE B - MANAGER TO STUDY REQUEST FROM MIAMI DADE CHAMBER FOR STAFF ASSISTANCE Mayor Suarez: Item seventeen, Miami Dade Chamber. You haven't been waiting too long... Just a little bit. Ms. Dorothy Baker: Dorothy Baker, Executive Director, the Miami -Dade Chamber of Commerce. I am here to the Commissioners with a proposal for developing a positive image for the Liberty City and Overtown merchants as well as a promotional campaign for the small businesses in that area. Mr. Plummer: Has this item been before the manager yet? Mr. Dawkins: You sent it to him the last meeting. Ms. Baker: Yes. Mr. Plummer: Yes. Mr. Odio: I understood that we - you passed a $50,000 to them from the off- street parking monies and what they wanted, they don't have any funds available until October 1st. I thought what you were asking... Mr. Plummer: Well we have no funds available until then. Mr. Odio: Right. Mr. Plummer: So, I mean, what are we supposed to do? Mr. Odio: They wanted us to advance them monies, is that what you're asking... Mrs. Kennedy: How much are you asking for? Ms. Baker: Fifty thousand dollars and we would like to know if we can get advance money to start the project right away because it is a necessary project. Mayor Suarez: Well, the fifty thousand has been allocated or at least we have made the recommendation to the off-street parking authority to take the monies from their surplus funds. Mr. Plummer: Yes. Mayor Suarez: That begins October one. Before October one, what are your needs, is what they're asking. Mr. Plummer: And where are we going to get the... No. Baker: For the advancement of the funds. Mr. Plummer: Where we going to get the money from? Mayor Suarez: How much? Mr. Plummer: We don't have it. Ms. Baker: I leave that to the wishes of the Commission. 99 June 25, 1987 s s Mr. Plummer: No, no, my dear, we're not going to receive the funds until October let. Ms. Baker: OK. Mr. Plummer: So, I mean, where are we going to get it from? Ms. Baker: I have no idea where you get it from. Mayor Suarez: Yes. You'd be talking basically about July, August, and September; three months. Which is roughly thirteen - what is it? Mrs. Kennedy: Mr. Manager Mayor Suarez: Seventeen thousand. Mr. Odio: I have to recommend against that. Mr. Plummer: You can't give them something we don't have. Mr. Dawkins: OK. Mr. Plummer: Let me ask this question. Mr. Carlton's here. Why, Roger, did you put October lot on that grant? Mr. Roger Carlton: Because it's from monies to be earned this year. And we're not even through the year so we don't really have the money until October lat. Mr. Dawkins: You mean, you don't have money in that fund. You do have money. Mr. Plummer: Yes, but I mean... Mr. Carlton: Well, we have money in reserves just as does the City. Mr. Dawkins: OK, no problem. All right, no problem. Mr. Carlton: The question is, can it be used for that purpose? I think not. Mr. Dawkins: Yes, you can't pull it out. OK. OK, I'm going to make... Mr. Plummer: Wait a minute, I'm not happy with that answer. Roger, that fund is going to donate to the City how much in total? Five hundred thousand. Mr. Carlton: Yes, sir. Mr. Plummer: Are you telling me that we are now three quarters of the way through the fiscal year, that that fund doesn't have at least two hundred, two hundred and fifty thousand dollars in it? Mr. Carlton: It has - it has earned that much. Yes, sir. Mr. Plummer: I, I - look, that's money you're going to give to us anyhow. Why don't you, you know, I would say advance the money... Mrs. Kennedy: Yes. Mr. Plummer: I think that there's something can be worked out. You don't have to advance it all. Give them 10 percent of it. Give them 20 percent of it. Mr. Carlton: Let me make one thing clear, please, if I could, for the record. Mr. Plummer: Sure. Mr. Carlton: The five hundred thousand is an allocation to the City. The City gets the money, determines what to do with it... Mr. Plummer: We've already spent it. 100 June 25, 1987 Mr. Carlton: ... passes it out, etc. If you're asking for the advance, let us meet with Cesar and make sure that it's legal with Ron and then we'll see what we can do. Mr. Dawkins: Well, let's hear from Ron. Mr. Plummer: No, I don't want to hear from that dirty devil. And let me tell you the reason... No, let me tell you the reason why. I went to Tallahassee - come on, Ron, stand up there, I want to get even. 1 went to Tallahassee and I was sitting in the audience when this fine astute gentleman rose to speak and he spoke about the surviver of the Miami City Commission who lives through all combat, I would like to introduce the grandfather of Senator Larry Plummer. Now, if you don't think I don't have a right to get even... Mr. Dawkins: That's true. Ron Silvers, Esq.: I think they'd probably agree with me, Commissioner. Mr. Dawkins: Well, at least he didn't say you had some suits. Mr. Plummer: Yes, but all my suits got zippers in the back. I get them from the funeral home. Mrs. Kennedy: How gross can you get? Mr. Dawkins: OK, what are we going to do here, Ron? Mr. Silvers: Can I - let me just address that. Obviously, we can't... Mayor Suarez: Your law firm is going to lend them the money. Right, Ron? Mr. Dawkins: Go ahead. Mr. Silvers: Yes, we can't give money until the end of the period... Mr. Dawkins: OK, there ain't no - all right. Mr. Silvers: However, we can loan that money on the condition... Mayor Suarez: There you go. Mr. Silvers: ... that if, you know, we had a deficit at the end that we'd have to get it back some way. Mr. Dawkins: Hold it, hold it - now wait, now. When you promised her five hundred thousand dollars, there was no mention of a deficit. Mr. Silvers: Well... Mr. Dawkins: Well, I don't - I mean, I don't know, tell me, tell me. Mr. Silvers: I'll let Roger explain that. Mr. Plummer: Well, look, look, Ron, Ron, why can't you... Mr. Dawkins: Was it, was it, Roger? Mr. Plummer: You goddamn well know what's happening at this point. Roger does, I know. I don't see a thing wrong with you advancing 50 percent of that money at this time. And we then can delegate 50 percent of the money to those which we have delegated the money to fully understanding, I want you all to understand, don't come back to me at the end of next year saying, well, you know, I spent that money and it's gone. This is a one shot deal. OK, but I think if you can go ahead and advance to us 50 percent of that money now, within the next ten days, then we the City can turn around and advance 20 percent - 50 percent to all of these that have been delegated. And if that's' the case, then I so move that these people be granted the 50 percent allocation by the 15th of July and you can advance, Mr. Manager, the others delegated, 50 percent if necessary. I so move. Mrs. Kennedy: And I second. Second. 101 June 25, 1987 Mayor Suarez: So moved and seconded. Mr. Dawkins: Under discussion. Mr. Manager, when we get to the budget, there are things that are happening that I expect to happen with this chamber. Mr. Plummer: He's talking to you. Mr. Dawkins: When we get the budgets, and have the budget hearings, there are things that are happening with other chambers that I expect to happen to this chamber. I will say no more until we get in the budget hearings and bring them up to you. Mrs. Kennedy: Chamber, chamber... Mr. Plummer: Oh, oh, oh, oh, OK. Mayor Suarez: Call the roll. Mr. Plummer: Chamber of Commerce? Mrs. Kennedy: That's what I think he said. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-611 A MOTION REQUESTING THE DEPARTMENT OF OFF-STREET PARKING TO ADVANCE TO THE CITY MANAGER SOx OF THE SURPLUS $500,000 WHICH OFF-STREET PARKING IS TO GIVE TO THE CITY; THE CITY WOULD, IN TURN, ALLOCATE FROM SAID MONIES 50% OF ALL PREVIOUSLY EARMARKED ALLOCATIONS, INCLUDING 50% OF THE $50,000 WHICH WERE PROMISED TO THE MIAMI DADE CHAMBER OF COMMERCE; FURTHER STATING THAT THE CITY WOULD ADVANCE THE OTHER 50% IF NEEDED PENDING RECEIPT OF THE BALANCE OF THE MONEY OWED BY OFF-STREET PARKING; AND FURTHER STATING THAT ALL SAID ALLOCATIONS ARE TO BE CONSIDERED AS ONE TIME GRANTS. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Posarka Kennedy Vice -Mayor J. L. P-ymmer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mayor Suarez: Item... Ms. Baker: No, I have another proposal that I'd like to submit for your consideration. Mr. Plummer: Whoa. Mayor Suarez: You what? Mr. Plummer: You might jeopardize your first one but go ahead. Mayor Suarez: Trying to get in the back door, Dorothy. Ms. Baker: Mr. Mayor, the first proposal had to do with the marketing and promotion of the image of the Liberty City merchants. I would like to deal with retention of those merchants in the area and I have - I'd like to present a proposal for business development in which we would be able to hire a business developer to perpetuate and expand that which we have initiated in the marketing and - promotion proposal. 102 June 25, 1987 Mayor Suarez: I'll tell you one thing, Dorothy, 1 don't know how the rest of the Commission feels but I have already met with you a few times and have suggested a better linkage with Miami Capital Development Corporation which has a budget for operations, of, 1 don't know how many hundreds of thousands of dollars and that linkage hasn't really been effected and there's very - 1 think there's only two businesses that have actually come forward and made applications for additional credit lines or financing and that, to me, denotes that the board has got to be a lot more active and, you know, tying into an existing City agency with existing funding, existing lending ability, to the tune of about seven or eight million dollars, not all of it available right now, and... Mr. Plummer: But she's not looking for a loan. Ms. Baker: No. Mayor Suarez: Well... Mr. Plummer: See, they want... Mayor Suarez: ... you're talking about economic development. Most of the time that's done with loans but, I mean, you want to have an economic development staff person, right? Ms. Baker: Right. Mayor Suarez: And I'm saying, you're not linking up to the existing economic development agency in effect, you know, Miami Capital. That's just one example. We also have community development department. We have a planning department, we have a department of development and, you know, there's a lot of people being paid to try to develop all the CDCs throughout the City. Mr. Plummer: I make a motion that this matter, as proposed, be sent to the manager for inclusion in the thinking process of the budget in upcoming months. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. That's better than dying altogether, right? Ms. Baker: Right. Thank you very much. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-612 A MOTION REFERRING TO THE CITY MANAGER A REQUEST RECEIVED FROM THE MIAMI DADE CHAMBER OF COMMERCE SEEKING FUNDING FOR AN ECONOMIC DEVELOPMENT STAFF PERSON; FURTHER REQUESTING THE CITY MANAGER TO REVIEW THIS REQUEST AND COME BACK WITH A RECOMMENDATION. 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. DURING ROLL CALL: Mr. Dawkins: On what? 103 June 25, 1987 Mayor Suarez: Referring additional funding for an economic development staff person to the manager for inclusion in the budget considerations. Mr. Dawkins: OK, I'm going to vote yes, but I also say that we should demand and this Commission should go on record, to demand that the quote unquote Greater Miami Chamber of Commerce... Mayor Suarez: Thank you. Mr. Dawkins: ... lend some sort of support to this group. You know, they go down to Ocean Reef, they got all these grandiose plans, they put it in the newspaper what they're going to do in our community. They never go out and plan with nobody. You know, if they're so great, they could loan some personnel to this group. And I'd like for us to go on record telling the Chamber that it's their duty to assist this group. Mr. Plummer: I second the motion. I second. Mayor Suarez: I'll entertain a motion to that effect. We told them that at Ocean Reef - and there's 3,200 members, I think, each paying I don't know how much money. But a huge budget and what we've got to show for it so far is the business assistance center which isn't exactly what - setting the world on fire in the area of economic development. Yes. Mr. Plummer: Well, I think even better than that, if you look at their so- called list of accomplishments for the year, I think this City funded about 80 percent of them, you know. And it's amazing on the ones that didn't go quite right, how absent they were when the heat came down. All I'm saying is, the chamber is a great group, but I find it difficult for them to take credit without funding. Mayor Suarez: The City - the City was definitely instrumental in bringing about most of those goals and you wonder sometimes if... Mr. Plummer: Oh, it would just tickled the hell out of me... Mayor Suarez: ... if people realize that. Mr. Plummer: ... that they brought about Bayside. Mayor Suarez: Yes. Mr. Plummer: They, you know - they brought about the Triathlon; they, they, they did nothing financially. Mayor Suarez: Jerry, I meant to get to your item. I know you wanted to be heard in connection with... Mr. Jerry Gleekel: No, this is in relation... this is in relation to what you're discussing now. Mayor Suarez: I know, otherwise, you wouldn't be heard at all. Go ahead. Mr. Gleekel: Oh, thank you. My item, I don't have an item. I would be very happy to volunteer my services and the services of my staff as an abutting chamber in the area of economic development to you with ever what we can do and don't go the Greater Miami Chamber of Commerce, you waste your time. But the point of the matter is we have a track record, we have experience, we have stuff on our computers and anything we can do to help you... Mayor Suarez: Why don't you give us name and address and you're referring to we, you mean the northeast... Mr. Gleekel: Northeast Miami Chamber of Commerce, 8281 N. E. 2nd Avenue. Come on over. And we'll work with you and I also serve... Ms. Hirai: Mr. Mayor, I need to finish calling the roll. Mr. Gleekel: Excuse me. Ms. Hirai: Mayor Suarez. 104 June 25, 1987 Mayor Suarez: Yes. Mr. Dawkins: Thank's .Terry. Mayor Suarez: And that was Jerome Gleekel. No, I just wanted to make sure that the record reflect who the speaker was. Mr. Dawkins: OK. Mayor Suarez: Item nineteen. Mr. Dawkins: Hold it, before we... Mayor Suarez: Yes, Commissioner Dawkins. Mr. Dawkins: Where is - where is the lady from Edison? Lori. OK, well, where is the group from Wynwood? If they gone, let's move on. 30. CITY MANAGER TO STUDY FUNDING REQUEST FOR HYDROFOIL WATER BUS PROJECT. Mayor Suarez: OK, go ahead, Stu. Item nineteen. Mr. Odio: We heard this before, I don't know why we're hearing this again. I just question... I keep recommending against this every day of the year. Mr. Dawkins: I don't either. Mayor Suarez: (OFF MIKE) He didn't come to me. I'll take him to my bank. Mr. Plummer: Stuart, the last time we heard this matter, the Mayor said he would personally take you to a bank and get you a loan. The Mayor said you never came to ask. Mr. Stuart Sorg (off mike): Yes, sir, that's right. The vote was two to two. Mr. Dawkins: Two to two, all right, I move that we deny this now. See if we can't get it three to two. Three to nothing. Mr. Plummer: Who's your friend? Mayor Suarez: Stuart, go ahead, we're going to have to move through these items and this is... Mr. Sorg: The last time I was - the last time I was here, we brought this issue up about Miami Capital supporting a $35,000 loan at which time Commissioner Dawkins asked me if it were possible for Miami Capital to grant the loan if the City Commission directed them to do so and he said he would support me if I did that. I went to see Miami Capital, you've got it in your package, a letter there saying, as long as the Commission directs the Miami Capital to make the loan, he will do that. Mayor Suarez: Well, that's correct, but they - you know, they can't very well say no if we direct them to do something. Mr. Sorg: Right. Mayor Suarez: But that doesn't mean we're going to do it, Stuart. Mr. Sorg: I know. Mayor Suarez: The last time it was two to two, I don't know how it's going to go for you this time. We're not going to keep taking a vote on this forever. Mr. Sorg: But that was the point with the Commissioner and Commissioner Carollo is not here right now. Where is he, Henry? INAUDIBLE RESPONSE (OFF MIKE) 105 June 25, 1987 Mr. Dawkins: Well, I don't think with him... Mrs. Kennedy: Stuart, let me ask you, I had a couple of things I wanted to ask you before the meeting and... Mr. Dawkins: Let's put this to bed once and for all. Mrs. Kennedy: ...you and I weren't able to talk, but first of all, what are you - what are you doing with the $35,000? Do you have a proposed budget? Mr. Sorg: In you package is every single thing. You'll also note in there that the State of Florida has come back saying that the City Commission... Mrs. Kennedy: I don't have a package. Mr. Sorg: Everybody got a package yesterday. Mrs. Kennedy: Maybe that's... Mr. Sorg: That State of Florida has come back now saying that once we get the boat operational, that the City of Miami qualifies for a parental position to grant a two year pilot program funding to get the boat running. Mr. Dawkins: But Stu, Stu... Mr. Sorg: Yes, sir. Mr. Dawkins: ... we keep telling you over and over, if you take your money and get this boat operational, then all these things you ask for fall in place. Mr. Sorg: Right, that's what... Mr. Dawkins: But for some reason, you want us to take the taxpayers money, put your boat to operating and then let you come into this. Mr. Sorg: No - Commissioner... Mr. Dawkins: Now, see if we can't put this to bed once and for all. Mr. Sorg: But let me... Mr. Dawkins: I move that this hydroplane plan be denied once and for all in total. Mr. Sorg: Let me speak to the issue, Commissioner. Mayor Suarez: So moved. Mr. Dawkins: Let me see if I can get a second on my motion first. Mr. Sorg: All right. Mayor Suarez: I second the motion. Mr. Sorg: Let me just, let me just... Mayor Suarez: Because I don't feel any differently from the way I did last time, Stuart. Mr. Plummer: Motion made and seconded. Under discussion first by the Commission. Mr. Sorg: Let me... Mrs. Kennedy: OK, under discussion, where are the people going to park before they board the hydrofoil? Mr. Sorg: It's going to come in at the Virrick gym, it's going to come in downtown. Mr. Plummer: Sixteen forty-eight, knock it. 106 June 25, 1987 Mrs. Kennedy: I'm sorry, Stuart, I couldn't hear you. Mr. Sorg: The boat would have - we'd have two terminals. Mrs. Kennedy: OK. Mr. Sorg: In Coconut Grove at the Virrick gym location and some place downtown where the boat would come in. Mrs. Kennedy: OK, and do you have an agreement with Bayside at this point? Mr. Sorg: No, we've talked to Bayside, but that may not be the place. In may come in at the City dock in the park that you're working on. It may be a more appropriate location. Mr. Plummer: Further discussion by the Commission. Mr. Sorg, do you wish to add anything? Mr. Sorg: I want to find out where Commissioner Carollo is because he said he was going to be here to vote on the issue. Mr. Plummer: Is Commissioner Carollo around? Commissioner Carollo. Blub, blub, blub, blub... Mr. Sorg: Let me, Mr. Let me just make this comment to you. We are... Mr. Plummer: Ta da da. Ta da da.... Mr. Sorg: Commissioner Plummer. Mr. Plummer: Ta da da. Ta da da... Mr. Sorg: May I make this comment? Mr. Carollo: What's the vote? Mr. Plummer: The vote is to deny the entire hydrofoil program. We've not got to the vote yet, we're still on discussion. Mr. Carollo: Well, good. Mr. Sorg: May I make a comment to you? Mr. Carollo: Stuart, Stuart. Mr. Sorg: Yes, sir. Mr. Carollo: Hold on for a second. Gentlemen and lady. We talked time and time again about having a world class City; about doing things that is going to promote tourism; that's going to promote all the different activities that we have at Bayside, the ones that we hope to have at Virginia Key, downtown, and so on. And this is the one opportunity that we have to contribute to something that's going to go a tremendous way in helping with tourism, in helping promote Miami. Now, I wouldn't even be surprised if that would be one of the things that before too long, they'll be showing and some of the national television programs that show clips about Miami. I'm sure Miami Vice will pick it up right away. They'll be showing that every week on national TV and worldwide TV. I think that for what is being asked from the City of Miami to contribute to this, is this very small amount in return for what we're going to get out of it at the end. Mr. Dawkins: Mr. Manager, I mean, Mr. Mayor... Mr. Plummer: Further discussion. Mr. Dawkins: OK, Mr. Vice -Mayor. Will the gentleman from Miami Capital come to the mike? Mr. Plummer: For the record, identify yourself. 107 June 25, 1987 Mr. Pablo Perez -Cisneros: Pablo Perez -Cisneros, Miami Capital Development, Inc. Mr. Dawkins: What is the purpose of Miami Capital, sir? Mr. Cisneros: It's a socio-economic purpose, sir. Mr. Dawkins: And what is your charge? Mr. Cisneros: My charge is to see to it that those monies that are lended are to serve an socio-economic purpose. Mr. Dawkins: And you make them to whom? You are directed to make the loans to what individuals or what - what have you? Mr. Cisneros: Target areas individuals that cannot obtain loans in - by the regular means. In other words, we're the bank of last resort. Mr. Dawkins: OK. When Mr. Stu Start appeared to Miami Capital for a loan, what was the amount of his financial account? I mean, worth. Mr. Cisneros: I don't have the figures with me now; it was over half a million dollars. Mr. Dawkins: In what - but it was in excess of what? Mr. Cisneros: Half a million dollars. Mr. Dawkins: Half a million dollars - now, if his worth is in excess of a half a million dollars, how can we sit here and take a firm that's supposed to help small and minority businesses go in business and loan a man money who's got five hundred thousand dollars and he could go get it legitimate from someplace else. Do you think that's right, sir? Mr. Cisneros: Well, not under the present circumstances the way I work at Miami Capital, sir. Mr. Dawkins: That's all, I have nothing, thank you. Mr. Plummer: Further discussion. Mrs. Kennedy: Further discussion. Mr. Carollo: I think what we need is for Stuart to explain what's behind the whole thing. Mr. Sorg: Exactly. Mr. Carollo: It's... Mr. Plummer: Is that a request? Mrs. Kennedy: OK. Mr. Carollo: Yes, yes. Mr. Plummer: Commissioner - Mr. Sorg. Mr. Sorg: First of all, we have a number of prominent people in Miami who have greater wealth than I have. These are concerned citizens who would like to see a more positive position of Miami projected worldwide. This boat is one of those great image builders. It's the Disneyworld type of thing that we don't have in Miami. We have the last two - twenty-two passenger boats that can run in our waters because we have shallow waters. Image wise, when the boats were here four years ago and we did the study, the hotels wanted them. Tip O'Neill called; everybody called to ride those boats. Now, wait, Commissioner Dawkins, what I'm worth or what anybody else is worth, we're not asking for a gift. We're asking for the City to be a participant, to charge whatever fare and reasonable interest rate they want to charge for a twelve months period so we don't have to have all these investors place their assets or provide a statement of financial worth. I'm willing to back the loan up completely myself. 108 June 25, 1987 Mr. Dawkins: Well, do it at the bank. Mr. Sorg: I'm not going to go through a bank because I don't want to reveal all my assets, but the City is... Mr. Dawkins: Well then - but you're taking money from a small minority business, sir, that need it and you have a financial statement that does not need it. Mr. Sorg: But the City has the money; why shouldn't it make money, Commissioner? Mr. Dawkins: You have money. Why should you not take yours and not draw interest on it? Why shouldn't the City leave it's money in the bank and draw interest on it when you don't want to take your's and tie it up and draw interest on it. Mr. Sorg: I want the City to... Mayor Suarez: To correct the record, Stuart, I'm sure you didn't mean what you said that you didn't want to go through a bank because you don't want to reveal your assets. I think what you mean is you don't want to pledging all kinds of assets. Mr. Sorg: Exactly, exactly. Mayor Suarez: OK. Mr. Sorg: I want - I want this City... Mr. Carollo: Stuart... Mr. Sorg: ... to be a participant in this project with me. Mr. Carollo: Stuart, let's clear something up for the record. Mr. Plummer: I rest my case. Mr. Carollo: I think this getting out of perspective. How many different investors do you have in this and what percent of this do you own personally? Mr. Sorg: We have nine investors, of which I own four thousand dollars worth like the rest of them. Mr. Carollo: OK. I think we're putting it back in perspective again. This is not... Mr. Sorg: We have one major investor who owns the - the most of the boat. Mr. Carollo: And what you want is the City to become a participant in this whole process also. This be City of Miami's water taxi. Mr. Sorg: Exactly. Absolutely. Mr. Plummer: Any further discussion? Mrs. Kennedy: Yes. Mr. Plummer: Further discussion, Commissioner Kennedy. Mrs. Kennedy: And Stuart, please, I want - I like the hydrofoil. I would like to see it going. I, in fact, rode the hydrofoil a couple of years ago. Mr. Plummer: Conflict of interest. Mrs. Kennedy: It, works. Bob Graham and I rode it with you. I got your package as you said, but in the estimated cost, you have cleaning tiers, engine maintenance, electrical wiring, carpeting, inspection, paint interior, paint exterior - how about the operational costs? That amounts, by the way, to $34,100, so why do you have less for operation? 109 June 25, 1987 Mr. Sorg: Right. The State of Florida, under senate bill 1040, provides funding for water borne transportation. You'll see in the letters that are there in your package. Mrs. Kennedy: Yes. Mr. Sorg: That they have - the City qualifies to work v�.th me to grant us two years of funding, but I've got to get the boat operational and, you see, the letters there from Jeb Bush's office. Mr. Plummer: Any further discussion? The motion - is the motion... Mr. Sorg: The City can't lose a dime on it, we just want to get the boat operational. Mr. Dawkins: We can have some boats that don't - we can have some boats that don't operate. Mr. Sorg: It's at Merrill -Stevens, it's ready to go to be worked on. Pardon? Mr. Plummer: Is the motion understood? Any further discussion? Mrs. Kennedy: What is it? What is the motion, to deny or... Mr. Plummer: Repeat the motion, Madam Clerk. Ms. Hirai: The motion is to deny. Mr. Plummer: Deny the hydrofoil program. Ms. Hirai: Yes, sir. Mayor Suarez: The loan to the hydrofoil program. Mr. Plummer: Is the motion understood? Call the roll. THEREUPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY MAYOR SUAREZ, THE PRECEDING MOTION FAILED 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, ABSENT: None DURING ROLL CALL: Mrs. Kennedy: Let me state for the record that I - that Commissioner Dawkins brought a very good point with Miami Capital. But I think on the other hand that this would be great for our City. This time I'm going to give it a try. Mr. Sorg: Thank you. Mr. Plummer: No. Mrs. Kennedy: No. Mayor Suarez: Yes, with the motion. Mr. Carollo: I make now a motion that the request be approved following the stipulations that the City Attorney would make to guarantee that the City's monies would be safe. Mayor Suarez: And you're also requiring that this be some identification with the City of Miami or something. Mr. Carollo: Oh, of course, of course. Mr. Sorg: Let me just, let me... 110 June 25, 1987 Mayor Suarez: Do we want that? Let me be absolutely sure, I mean, we sure we want that, I may be - maybe we should be taking that back. Do we really want the involvement in this thing? Do you recommend it before I... Mr. Odio: I don't know if we want the liabilities, I think... Mayor Suarez: OK, I take it back. I'm sorry. You can make it if you like, Commissioner, but I... Mr. Carollo: We'll leave it up to the City Attorney to guide us in that. Mayor Suarez: OK, I take it back. Mr. Plummer: Well, then your motion, as I understand it, is to approve a grant of $35,000... Mr. Carollo: Right. Mr. Plummer: ... for a period of twelve months... Mr. Carollo: Whatever interest rate... Mr. Plummer: ... whatever the current interest rate is... Mr. Carollo: ... current interest... Mr. Plummer: ... and it is fully backed by Stuart Sorg individually. Mr. Carollo: That's correct. Mr. Plummer: It is nothing in any way that the City is assuming liability; in any way. Stuart. Mr. Sorg: No. Nor will you lose a nickel. Mr. Carollo: No liability. Mayor Suarez: And Stuart... Mr. Plummer: Well, no, no... Mayor Suarez: But, with an individual guarantee you're pledging all of your assets, so please don't... Mr. Plummer: Individually, you know... Mrs. Kennedy: So make sure. Mayor Suarez: ... you know, don't let's not get confused about that. Mr. Plummer: ... you're going to have to write a check for whatever the difference is at the end of twelve months, plus the interest. Mr. Sorg: I understand. Mr. Plummer: Is there a second to the motion? I second the motion. Mayor Suarez: We have - we have a motion and a second. Any further discussion? Call the roll. 6 THEREUPON MOTION DULY MADE BY COMMISSIONER CAROLLO AND SECONDED BY VICE - MAYOR PLUMMER, THE PRECEDING MOTION FAILED BECAUSE VICE -MAYOR PLUMMER WITHDREW HIS SECOND BEFORE ROLL CALL WAS COMPLETED. Ms. Hirai: Roll call, Mr. Carollo. Mr. Carollo: Yes. I Ms. Hirai: Mr. Plummer. Mr. Plummer: Yes. III June 25, 1987 i Ms. Hirai: Mrs. Kennedy. Mrs. Kennedy: Yes. Ms. Hirai: Mr. Dawkins. Mr. Dawkins: I vote not because I do not feel that Miami Capital should be loaning money that the Federal government... Mr. Plummer: Excuse me, this isn't... Mr. Dawkins: ... and the City of Miami established... Mrs. Kennedy: This is not... Mr. Dawkins: ... for... Mr. Carollo: City of Miami, not Miami Capital. Mr. Plummer: This is not Miami Capital. Mayor Suarez: You're lending City of Miami money now? Mr. Plummer: Yes. Mayor Suarez: Oh. Very interesting. OK. Mr. Dawkins: So the City of Miami is loaning him $35,000. Mr. Plummer: A grant. Yes. A grant... Mayor Suarez: A loan. Mr. Plummer: I'm sorry, it's a loan. I'm sorry. Mayor Suarez: Thank you. Mr. Plummer: Yes. Mr. Dawkins: You know, see, now I want to be sure. Run that by me again now. What are we doing? Mr. Plummer: We're giving a loan of $35,000 at the current rate of interest for twelve months... Mr. Sorg: Come on, Mr. Mayor. Mr. Plummer: ... personally backed and guaranteed by Stuart Sorg, an individual, period. Mr. Dawkins: And anybody else who comes up to the Commission has that right to borrow money and the City will loan it to them for - if they've got a financial statement like Stu Simon, is that right? Mr. Carollo: Let's not - let's not take this out of perspective. Mr. Dawkins: It may be out of perspective to you, but I'm putting it into perspective for me, OK? Now once I get it in perspective, you already voted - I mean, you don't have no perfect to put it into. You voted. You voted yes. It's already in perspective for you. I have not voted. I'm trying to get it into perspective so I can vote, sir. Mr. Plummer: May I make one correction to the mo... Mayor Suarez: I'm very glad for the clarification that we're taking City money and lending it because I didn't really think we were doing that. Mrs. Kennedy: Clarification. Mr. Plummer: All right, that's the clarification I wanted to make. It should not be stated City money, but CD money. In a business opportunity form. i 112 June 25, 1987 �7j Mr. Dawkins: So anybody who I identify out there, I can bring before this Commission and I can get a CD loan for them. Is that correct? Mr. Plummer: Not wait a minute, wait a minute. Mayor Suarez: No, I don't think - I think we got a problem with that already. Mrs. Kennedy: Frank Castaneda has something to say. Mr. Plummer: Yes, one person is telling me one thing; one's telling me another. Mr. Carollo: Can we finish the vote so then we could get into discussions and follow... Mayor Suarez: No, we may not, because we better clarify what we're voting on, Cc- issioner, before - I don't think everybody is going to want to vote on this thing until they know for sure where the money is coming from. Mr. Frank Castaneda: You know, the issue is that you can only use community development monies to benefit low and moderate income individuals and - or remove slum and blight. In this particular case, how do you benefit low and moderate income individuals is going to be tough to pull off. Mrs. Dougherty: And I'm advising you that under the constitution, you may not lend your credit and that is the reason why all of the monies that have been lent or granted to individuals have been... Mr. Plummer: Excuse me, I'll ------ for you, I withdraw my motion. I'm not going to sit here and do something that's not in - that's not legal. I withdraw my motion and the second at this time. Mayor Suarez: Which constitution are we talking about? Mr. Plummer: She's talking about... Mrs. Dougherty: State of Florida Constitution. Mayor Suarez: Thank you. Mr. Plummer: OK, now, let me ask another question. It was said before that we can direct the Miami Capital to make such a loan. Is that correct? INAUDIBLE RESPONSE OFF MIKE. Mr. Plummer: I'm asking the question. Mayor Suarez: No, I don't think that's correct. I think they can do it. Mr. Sorg: That's in your letter, that's in your letter, absolutely. Mayor Suarez: Now, I'm against this and I've said that I'm against it, but I believe that they can do it. Mr. Sorg: They can. Mayor Suarez: If the City deems it's something that for public policy reasons should be supported, I believe that you could do it. Mrs. Kennedy: Yes, if we... Mr. Sorg: Yes, they can. Sure they can. Mr. Cisneros: Yes, going back to that, as I said to the City Manager, I'd be in violation of the contract if I do the loan under the present guide lines. The only way I can do this loan, is if the City directs me to do it and the City negotiates a contract with Mr. Sorg and directs me to manage that agreement. Mayor Suarez: That's pretty much what the Commission seems to want to do, at least the consensus that I'm hearing on three votes here. 113 June 25, 1987 ,'m Mr. Cisneros: I'll manage the agreement. I'll be more than happy to do it - to do it for free. I have no problem with that. Mr. Plummer: But, under your framework, can we direct you to advance the money? Mr. Cisneros: You, you, you have... Mayor Suarez: He just stated - state the mechanics again, Pablo. Mr. Cisneros: OK, the mechanics again as follows. Mrs. Dougherty: As long as it's... Mr. Cisneros: You enter... the City enters into a contract with Mr. Sorg or Miami Capital indicating that I go ahead and advance these monies to Mr. Sorg. I have no credit analysis of the loan or anything like that. I will take into consideration what you asked me for, personal guarantees from Mr. Sorg and other things and I'll manage the loan... Mayor Suarez: Market rate. Mr. Cisneros: Market rate, everything else. But I'll do it in a format that is a separate contract with the City. Mayor Suarez: See, we're in effect changing the guidelines when we direct him to do this. It is in effect as to this particular case. Mr. Cisneros: It is a separate contract. It has nothing to do with my guidelines. Mayor Suarez: Right. Or we're going by separate contract. Either way. Mr. Castenada: Commissioners, the issue is that the reason the guidelines were done in that manner was because as long as you use Federal funds, it has to be to benefit low and moderate income individuals and I'm telling you that in this particular project it's going to be very difficult to prove that. You know, I can try... Mr. Carollo (Off mike): ... you're talking about Miami Capital... Mr. Castenada: But all of their funds are community development and the other funds are E.D.A. which are your more restrictive that is limited to the slum and to the areas affected by the civil disturbances. Now, my question is that I don't understand the issue. Because as long as somebody's willing to do a personal guarantee, this loan is bankable and Mr. Sorg has said that he is willing to issue a personal guarantee. Mr. Plummer (Off mike): Cesar, is there a way to do it? The commission wants to do it. Is there a way to do it? That's really the question. Mrs. Dougherty (Off mike): We could take over the operation. Mr. Plummer (Off mike): No, then we get liability. How about a contract to buy service? Mrs. Dougherty (Off mike): ... we give the money in return for him doing free trips. Mr. Plummer (Off mike): But how do we guarantee the money back? Mr. Castaneda: So, I don't understand what the issue is. Mr. Dawkins: The issue is, Mr. Stu Sorg does not want to put up his money on a losing venture. Mr. Jerry Gleekel: Mr. Mayor and Commissioner. Excuse me. May I... Mr. Castaneda: Excuse me, but he's saying... Mayor Suarez: No, no, wait, wait, Jerry. We got enough cooks in the pot here without one more. W. 114 June 25, 1987- Mr. Castaneda: But what he's saying is that he's willing to issue a personal guarantee for thirty thousand dollars. If he's willing to do that, he can get a bank loan tomorrow. Mr. Plummer (Off mike): But how do we guarantee the money back? Mrs. Dougherty (Off mike): A percentage of his profits, perhaps? Mr. Plummer (Off mike): Huh? Mrs. Dougherty (Off mike): A percentage of the other profits? Mayor Suarez: That was what I said the last time around, but... Mr. Castaneda: No, but I can assure you that with his net worth, he can. He can probably get it on his signature. Mayor Suarez: I suggested last time that he go to the - just about any bank. And he never came. Mr. Sorg: I don't - we don't need that direction. Mrs. Kennedy: Yes, what happened? You had... Mr. Sorg: Well, the letter in front - Mr. Mayor, the letter in front of you is Miami Capital saying they can do it. Read it. Mr. Cisneros: But not, excuse me, but not with the money that the City gives me under the C.D.'s - in other words, the City would have to give me the $35,000 or give it to you. This cannot be done with the federal money. Mrs. Kennedy: Stuart, at the last commission meeting, the Mayor asked you to come to Sunset? What happened? Did you... Mayor Suarez: I suggested any bank, but I was, at the time, a member of the board of directors at Sunset Commercial Bank. You're welcome to apply there. I can't imagine them turning you down. Mrs. Kennedy: Did you pursue that? Mr. Plummer: Hold on a minute because we're getting so far afield here, this is getting ridiculous. I make a motion at this time that we send this matter to the city manager. Mr. Manager, we want a report back on July the 9th. Three members of this commission want to approve the project. You come back and tell us how we can do it. That's what I pay you to do. Mr. Sorg: Thank you. Thank you. Mr. Plummer: OK? Now I - you heard me. Mr. Odio: I'm not a banker. Mr. Plummer: Well, you'd better find a banker. OK? Mr. Carollo: Or you better row your way to one. Mr. Plummer: Three member of this commission - three members of this commission want to do it. Mayor Suarez: Put your banker hat on. Mr. Plummer: Now, you find a way, it it's humanly possible to do it and come back and report to us on July the 9th how it can be done. OK? I so move. Mr. Sorg: Thank you Commissioner. Thank you very much. Mr. Dawkins: All right, Mr. Manager. Mr. Carollo: Second. Mrs. Kennedy: Second. 115 June 25, 1987 Mayor Suarez: Moved and seconded. Commissioner Dawkins. Mr. Dawkins: Under discussion. When you bring that whatever you bring back, back, you have in there that anybody i bring before you with that kind of a bank roll, you can - they can get - they can also get a loan. Mr. Plummer: They get three votes of the commission. Mr. Dawkins: Write it all in there. OK? Mr. Carollo: OK. Mayor Suarez: OK. Call the roll. Mr. Carollo: Let's give Howard Gary and Talmage Fair a loan too. Mr. Dawkins: And Joe Carollo's Genesis. Mr. Carollo: Not Genesis, but maybe somebody else I could bring. Certainly. Mr. Plummer: The first one that mentions a funeral home is in trouble. Mayor Suarez: Call the roll. Mr. Dawkins: And I get - and I resent - you know everytime. No, hold it. Hold it right here. You know, I've had it. I get tired. Nothing, OK. Mayor Suarez: Thank you. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-613 A MOTION REFERRING TO THE CITY MANAGER STUART SORG'S REQUEST SEEKING FUNDING FROM MIAMI CAPITAL DEVELOPMENT, INC. IN CONNECTION WITH THE HYDROFOIL WATER BUS PROJECT; FURTHER REQUESTING THE CITY MANAGER TO COME BACK BEFORE THE CITY COMMISSION AT THE MEETING OF JULY 9, 1987 WITH A RECOMMENDATION AS TO HOW TO IMPLEMENT THIS PROJECT. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. NOES: Commissioner Miller J. Dawkins* Mayor Xavier L. Suarez ABSENT: None. *NOTE FOR THE RECORD: Although Commissioner Dawkins votes yes during roll call, he later asked the Clerk to show him voting against the motion. DURING ROLL CALL: Mr. Carollo: Now it's my turn that I get to vote. Give a little speech before I vote, you know. I think that we all have our independent opinions. I think every member of this Commission is dealing honorably with it. But, what I don't think we should do, whether we agree with this or not, Miller and Xavier, J.L., Rosario is, you know, beat up Sorg and I think he's truly been trying to do a decent job for the City in this. You know, we might agree with it; we might not. We might disagree or agree in the way we're going to proceed with it, but I think for the last couple of years that he's been working at this, he's been doing it for the better of the City. I don't think that the headaches that he's gone through, all the trouble that he has gone through to get some investors to bring this hydrofoils here, has really been anything positive for him. And that's all that I'm looking at. I think the man has been sincere in doing something for the City of Miami. Something that, I think, could be a big added plus for the City. So, with that, I vote yes. 116 June 25, 1987 Mayor Suarez: No, I have to vote no. I'm really concerned about really the implications that Commissioner Dawkins is indicating and what this would mean for other people with a similar financial statement. And this seems to me like just a loan that the market would very well give you if you pledge your own signature. So I have to vote no. Mr. Plummer: Mr. Mayor, Mr. Mayor, let me make a statement - and I agree with you. I'm concerned and that's why I want it deferred, OK? But I think history has to tell us, and I think this was prior to your arrival here, this Commission did, in fact, spend $4,500, I remember very clearly to commission a study for this to be done. The study did show that it was a feasible project. This City has gone on record in a number of cases of different funding aspects to try and get this thing started. Now, I'm not - this just didn't come out of a clear blue sky. We have an investment in that program so I think that what we need to do is to go this route with a guarantee, personal guarantee that we will get our money back if it doesn't work, and I think really that anybody that's willing to make that kind of a deal for the betterment or something to do with this City needs consideration. And that's why I voted the way I did. Mr. Sorg: Thank you, Commissioner. Mayor Suarez: And we're not beating up on you, those of us who are voting against you, Stu. You look quite healthy to me. Financially and otherwise. Mr. Plummer: Hell, I'd rather beat up on him, it's easier. 31. DISCUSSION CONCERNING SPLASHDOWN IN VIRGINIA KEY Mayor Suarez: Item twenty-two. Mr. Carollo (Off mike): OK, before we do that... 01 Mr. Plummer: What happened to twenty-one? Mayor Suarez: Yes, Commissioner Carollo. Mr. Odio: He withdrew. UNIDENTIFIED SPEAKER: Ah, Joe... Mayor Suarez: Oh, I'm sorry, I didn't take up twenty-one either. Mr. Carollo: I'm asking the City Clerk to show me voting yes on seventeen and I have a pocket item that if I could pass it down for each of you to read, it has to do with Virginia Key and the Splashdowns. Mayor Suarez: And this item should have been on the agenda and for some - out of some omission, it didn't come on the agenda. Mr. Carollo: Yes. The Splashdowns that we've had every year for the inner city youth at Virginia Key. And what it is that we're going to have three major events for the amounts stipulated there. Those are the figures that we've got from the administration. Hopefully, they can cut back on that some. But I think it's certainly been a very positive effect upon a lot of the inner city youth for the summer. So, I'll leave that up to the commission's discretion if they want to go with that figure or not or less and... Mayor Suarez: The first Splashdown is coming up on what day according to the proposal, Mr. City Manager? Because that's the real emergency item here. Mrs. Kennedy: What are chief monitors, Mr. Manager? Five chief monitors for $600? Mr. Odio: I have to admit this is the first time I've seen this. Mrs. Kennedy: Oh. 117 June 25, 1987 Mr. Odio: So - and so has the... Mrs. Kennedy: Well, do you know what chief monitors are? Mr. Odio: Yes, they are people that are hired from the community to help out with the crowds and... Mr. Plummer (Off mike): Let me ask this question Mr. Odin: I had - in fact I had asked Commission... Mr. Plummer (Off mike): We only use - we only use, what? About severity policemen for the Orange Bowl. Mr. Odio: This is the first... Mr. Plummer (Off mike): How big a crowd do you expect that you think that you're going to need sixty policemen? Mayor Suarez: What's a typical Splashdown crowd over there? How many? Mr. Odio: Well, it says here 35 officers, Commissioner. Mr. Plummer: This one here says... Mrs. Kennedy: This one says sixty. Mr. Plummer: Fifteen thousand dollars. Mr. Odio: Well, in 1986, they only used 35 officers so... Mayor Suarez: Commissioner, I got - wait, wait, wait, wait - before we spend all kinds of time on this, we've got a lot of other items. I'll entertain a motion to the following effect, Commissioner Carollo, if you'd like. That we authorize the City Manager within his authority to provide up to $4,500 for the first Splashdown and all the other Splashdowns come down to this Commission for consideration at a further time when we've had the opportunity - he's had the opportunity to review all of the figures. I think they could probably do with forty-five hundred bucks. Mr. Carollo (Off mike): OK, I'll make a motion based on that. Mr. Plummer: How can - if you're talking about the first one costing twenty- six thousand each, what is forty-five hundred going to do? Mayor Suarez: They should be able to do it with $4,500. If they really limit... Mr. Odio: What? The Splashdown? The transportation alone... Mr. Carollo (Off mike): If the Mayor says they should be able to do it with $4,500, I'll listen to my Mayor. Mr. Plummer: Oh you - there's no way. Mayor Suarez: Let them - let them try it with $4,500. Mr. Odio: You cannot do it. Mr. Plummer: There's no way. Mr. Odio: In fact, I had asked Commissioner Dawkins the feelings of the community... Mr. Carollo: I'll go with my Mayor. ' Mr. Odio: ... on the Splashdown and we felt that maybe we should get away from the Splashdown concept and develop them within each community, instead of having to bus all these kids to Virginia Key. Mr. Carollo (Off mike): Can we hear for the Mayor ------ advice... 118 June 25, 1987 Ms. Hirai: Joe, your mike. Mr. Carollo: I'd like to hear it for the Mayor's financial advisor back here. Mr. Plummer: Well, I. Excuse me, I cannot go along with $4,500 for an event that is estimated to cost twenty-six thousand with a reputation of this City on the 1 ine, no way. No way, I can vote for $4, 500 to put on one of these events. Mr. Odio: What I'm saying, Commissioner, I am not sure that the community wants the Splashdown. The attendance has dropped consistently. Mr. Plummer: When is the first one scheduled? Mr. Odio: I have no - I have no idea. I have no idea. Mr. Carollo: Mr. Watson, we'd like to hear from you. Mr. Plummer: Well, why don't you come back at the next commission and give us a meeting and give us a report. Mr. Carollo (Off mike): No time for it. Mr. Plummer: Well, they don't even have any of them scheduled, Joe. Mr. Carollo (Off mike): Not yet? Mr. Plummer: No. Mayor Suarez: When was the first one supposed to take place? Mr. Plummer: There's none of them scheduled. There's no schedule. Mrs. Kennedy: No, it's ridiculous. And they're basing it on 25,000 people. Mr. Odio: This is the first I have... Mr. Carollo: The Splashdown's been put down. Mayor Suarez: So much for the Splashdown. Mr. Plummer: And they're waiting to.... Mayor Suarez: So much for the Splashdown. Item twenty-one. Mr. Carollo: Jeffrey, you got all wet on this one. Mr. Odio: Normally, the county would have approached us on this since they cooperate on the transportation end, but we haven't heard from them, so... NOTE FOR THE RECORD: There was no appearance on item 21. 32. SCHEDULE PUBLIC HEARING CONCERNING THE PROPOSED CLOSURE OF ABACO AVENUE Mayor Suarez: Item 22. Bob. Mr. Robert Fitzsimmons: My name is Bob Fitzsimmons. I live at 2512 Abaco. I speak before the Commission today as a representative of all the residents of Abaco. We're interested in getting our street closed at the intersection of 27th Avenue, Aviation Avenue and Abaco. Our street is three block long. Three quarters of one block is taken up by an SPI-12 district. Three quarters of one side - the other side will be taken up by an SPI-13 district if it is approved. You know, when the SPI-12 district was before the Commission, there was discussion of some type of relief for the traffic on the block. That was five years ago. I'm asking for the City Commission to direct the City to have staff implement a closure of the block. There's a recognized traffic problem. We've waited five years for some type of resolution and we think it should be done now. 119 June 25, 1987 Mayor Suarez: 'Walter, what's the next step on this? Mr. Walter Pierce: Mr. Mayor, if you recall, during the - all of the discussions and the public meetings and hearings on the 27th Avenue plan, we have been talking about traffic. Abaco is one of the streets, of course, that would be affected by the traffic study - the overall traffic study we're going to do for the Coconut Grove area. I'm happy to report the staff has negotiated the agreement, it's completed, it's now just simply awaiting the Manager's signature which should occur before the end of this week; by tomorrow. The traffic study will then be underway. our recommend... Mayor Suarez: Is there any indication from that study, or from any study being performed, that there will be a recommendation of closing Abaco or... Mr. Pierce: Not, not - the study hasn't begun yet. It will be underway within the next... Mayor Suarez: Is that being contemplated as part of the study? Mr. Pierce: We're asking the traffic consultants to look at the possibility of closing not just Abaco but some other streets that were earlier discussed for possible closure. But, but... Mayor Suarez: Will there be an opportunity for Mr. Fitzsimmons to participate in that process and suggest reasons why it should be or should not be closed? Mr. Pierce: Absolutely. Oh, absolutely, absolutely. Mr. Plummer: Well, but wait a minute, wait a minute. What is wrong with us closing it now subject to... Mrs. Kennedy: The study. Mr. Plummer: ... the overall pattern. Mrs. Kennedy: Yes, I was going to suggest that. I... Mr. Plummer: Because I want to tell you. Excuse me for a moment. Mrs. Kennedy: OK, sure. Mr. Plummer: If, in fact, the majority of this Commission approve the 27th Avenue study, I am only going to approve that subject to the administration putting in a pattern - a traffic pattern that will protect the residential streets. And that doesn't mean to block every intersection. It will be a pattern established which will make it inconvenient for nonresidents to use the side streets. I see nothing wrong with us authorizing this street closed with the full understanding that if it is not part of pattern, that the barricades would be removed. Mr. Pierce: The one thing that we would hope to avoid is the closure of any streets before the study is underway - before you can collect any data that might skew the results of any kind of a study. The moment you close one it's going to have an effect. If you decide later to unclose it, then you don't have a true study. Mr. Plummer: Well, no, no, no. With the full intent that we can withdraw it at a later time if it's not compatible with the study. Mr. Pierce: Mr. Plummer, my point is, if you close this street over here today... Mr. Plummer: Yes. _ Mr. Pierce: ... and then you do the study, you don't have an accurate study because you've already affected it by closing one street. But, if you leave all streets open at the right, you can then, you know, rationally and objectively evaluate all of the alternatives. Mr. Plummer: All right, then, let me ask you this question. How long before you going to have that study finished to protect the residential streets? W�' 120 June 25, 1987 • • Mr. Pierce: Six months. Mr. Plummer: That's not acceptable. INAUDIBLE COMMENT. Mr. Pierce: It's already been cut. Mr. Plummer: It's not acceptable to me. Mr. Pierce: I don't know how we can make it faster without paying a whole lot more money. But it's also getting - yes, it's also getting true traffic counts over an accurate - long enough period of time to be viable. Mr. Plummer: It doesn't take traffic counts to establish something similar to the Oregon Plan in those neighborhoods. Mr. Pierce: Well, Mr. Plummer, I personally saw the Oregon Plan. Mr. Plummer: Yes, sir. Mr. Pierce: And what you're really talking about is the Seattle Plan. Mr. Plummer: OK. Mr. Pierce: And I will tell you the Seattle Plan is a disaster. Seattle doesn't do it anymore. As a matter of fact, Seattle did it for one year and threw up their hands and said, holy God, no more. Mr. Plummer: Well, you can't tell me that you can't come up with a pattern to make it inconvenient for people to use side streets. Mr. Pierce: Mr. Plummer, in reality, yes, we can come up with a pattern. Whether or not that is the best pattern and one that we're going to be willing to live with over the next few years is a question. I have no problem. I can go out and close the street tomorrow but are we doing the right thing is the real question. It's a situation that's existed there for fifty years and another six months is not going to kill the area. I understand your concerns. I'm sure we all do, but we want to make sure that we're going to be doing the right thing when we do one. Mrs. Kennedy: I was on Abaco at 4:55 in the afternoon, to be exact. I think if one car came by there was one too many. I mean, there was no traffic, absolutely none and Guillermo Olmedillo was with me. But I can see, on the other hand, what you're saying. It will affect if - until we have the study. Mr. Pierce: We would just like to do the study... Mrs. Kennedy: Yes. Mr. Pierce: ... accurately and objectively and close them off. Mayor Suarez: Let's hear from Bob. Mr. Fitzsimmons: Just in brief response, we're not reacting to SPI-13, we're reacting to SPI-12 which was passed five years ago. And as a result of that being passed, we do have development on our block that does have a large parking garage that exits on to our block. Mayor Suarez: Did you already give your name and address for the record, please, Bob? Mr. Fitzsimmons: Yes, I did. Bob Fitzsimmons, 2512 Abaco Avenue. This is something that the City has already recommended that it be closed in the original plan that was withdrawn. I don't think there's any question that this block will be closed eventually. We've waited longer than any other block being that we do have development. The developer in the Terremark Building which is on our block has already widened the street which gives us great fear on the block on what's going to continue if it's not stopped now. Mr. Joe Calais: Mr. Mayor, Joe Calais, 2985 Aviation Avenue and... 121 June 25, 1987 Mr. Fred Petone: My name is Fred Petone, 2694 Inagua Avenue and Mr. Calais will speak on my behalf. mayor Suarez: Thank you, Fred. Mr. Calais: We'd like to say that we're in complete support of the closing Abaco at the east - basically the east property line of the SPI-12 development. And after that matter is completely resolved, while they're studying the traffic in Coconut Grove to accommodate the gateway to the Grove, we'd like to also recommend that they abandon Inagua at Aviation Avenue; a very dangerous and hazardous intersection. And we know that for a fact. Mr. Petone was run over at that intersection. So it's a matter that's very near and dear to his heart. It is an intersection that you cannot make a right turn onto 27th Avenue in any form of safety nor can you make a left turn onto 27th Avenue in any form of safety. The only - what apparently the only use for it is is a drag strip at this time and if you want to make some money for the City, just set up your radar meter out there. Thank you very much. We'd like it to be abandoned. Mayor Suarez: I have no problem with the concept of doing a temporary closing while we do the study, if that's what... Mr. Plummer: I move that it be closed. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Mr. Plummer: Mr. Mayor, that's with the full understanding that if this is not compatible with the pattern... Mayor Suarez: Absolutely. Mr. Plummer: ... as established in an overall plan, that it will be removed. Mayor Suarez: Absolutely. Call the roll. Mr. Dawkins: Well... Ms. Hirai: Roll call, Mr. Plummer. Mr. Plummer: Yes. Ms. Hirai: Mrs. Kennedy. Mrs. Kennedy: Yes. Ms. Hirai: Mr. Dawkins. Mr. Dawkins: Yes. Ms. Hirai: Mayor Suarez. Mayor Suarez: Yes. Mr. Dawkins: Madam City Attorney... Mr. Pierce: Mr., Mr.... Mr. Dawkins: ... we closed 31st Street and the guy who closed it has a private parking lot on the south side of it and a paid parking lot on the north side of it which means that people cannot - we have robbed citizens of the right to use that street. Since we vacated it, what's the procedure for going back to rededicate it as a street? r Mrs. Dougherty: Did we close it to vehicular traffic or did we actually vacate the street? Mr. Dawkins: What did we do? Mr. Pierce: It was a vacation and closure. 122 June 25, 1987 Mrs. Dougherty: There's nothing you can do, - at this time. Mr. Plummer: Wait a minute, wait a minute. Say that again, Miller. You talking about here off Coral Way? Mr. Pierce: No. Mr. Dawkins: No, I'm talking about over by 31st Street, the Executive Building. Mr. Pierce: Thirty-first Street off Biscayne Boulevard; Northeast 31st. Mr. Plummer: Oh, oh. Mr. Pierce: Between Biscayne and Northeast 2nd. Mr. Plummer: And what's the problem? Mr. Dawkins: People are complaining because they can't go straight through and the guy's got a parking lot that he charges $4.00 an hour at the parking lot and the people are complaining that we're denying them the right to park on the streets or go through and park on the street behind Biscayne Boulevard. OK, find out for me if the guy met all of the covenants that he promised and, if not, what can we do? Will you please? Mrs. Dougherty: Yes, sir. Mr. Pierce: If I may, I'd like to just mention that there is a specific resolution and process required to close Abaco as you've just voted to do. We will put all of that together and we will bring it back during the July meetings. Mayor Suarez: Formalize it? Mr. Plummer: Well, you'll go out, as you said and close Abaco tomorrow. Mr. Pierce: You have to do that in a public hearing, if I'm not mistaken, Mr. Plummer, and this was not a public hearing. Mr. Plummer: Madam City Attorney. He's saying he can't go out and close that street until a public hearing, is that... Mrs. Dougherty: That's correct. Mr. Plummer: Oh. Mayor Suarez: Can't do it even temporarily? Mr. Pierce: No, sir. Mr. Plummer: I move that this be a public hearing on July the 9th. Mr. Pierce: Ten days notice to advertise. May I suggest that we schedule the public hearing for the second meeting in July. Mr. Plummer: No. Mr. Pierce: It makes... Mr. Plummer: July the 9th. Mr. Pierce: I don't believe we can meet the advertising requirements, Mr. Plummer, is what I'm saying. You know, we don't just call up the newspapers. We have to prepare a legal ad and make sure everything's proper. Mr. Plummer: Get a new newspaper. Mayor Suarez: A standard form. Mr. Pierce: No. It looks like this one. 123 June 25, 1987 Mayor Suarez: Closing a street. Mr. Pierce: We'll try to make July 9th. Mr. Plummer: Thank you. Mayor Suarez: Thank you. Mr. Pierce: if we don't though, please understand it will be July the 23rd. Mr. Plummer: Thank you. Mayor Suarez: OK, that's... reflect the corrected motion. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-614 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO ADVERTISE FOR A PUBLIC HEARING TO BE HELD AT THE MEETING OF JULY 23, 1987, AT 6:00 P.M., IN CONNECTION WITH THE PROPOSED CLOSURE OF ABACO AVENUE AS REQUESTED BY NEIGHBORS. 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. NOTE FOR THE RECORD: There was no appearance on item 23. 33. ADMINISTRATION TO INVESTIGATE CODE VIOLATIONS IN SOUTHLAND STORAGE AREA Mayor Suarez: Item 24. Mr. Plummer: Twenty-three is not here? Are you twenty-three, sir or twenty- four? Mayor Suarez: Mr. Bain. Mr. Jerome Bain: My name is Jerome Bain, 2370 South Dixie Highway. I have been having a problem for quite a while. It's a little bit better now but it's just part of a big picture of the City of Miami where you have a lot of violations occurring and nothing's being done about it. Well, there are some things being done. Mr. Pierce: Mayor, Mayor. Mayor Suarez: Yes, Walter. Mr. Pierce: I noticed that Mr. Bain was placed on the agenda today and just for the Commission's information, early this week we received - I received a' letter from a Mr. Daniel Dolan of the Dolan Companies. In alresponse to that letter, I asked the building and zoning departments, both the zoning inspectors and the code enforcement people, in addition to the police department, public works department, and department of solid waste to immediately do a blitz of that area. I've already gotten responses from three of those departments and I have an oral response from the fourth one. We have issued a number of violations and violation notices. We have gotten some 124 June 25, 1987 1 corrections already in those last two weeks. But more importantly, I found out that those same departments, including fire rescue and inspection services, by the way, conducted a sweep of the area three months ago and that we already had people who had been prosecuted before the code enforcement board on that. As a matter of fact, I have a letter in my thing I just signed today going back to Mr. Dolan with a response and copies of those memoranda. Mayor Suarez: Thank you. Mr. Bain: Thank you. This has been going on since about 1984 and just recently it subsided a little bit and I think it's temporary. I don't know if you can see this but this involves approximately 27th Street, exactly 27th Street, but approaching 24th Avenue. This whole street here is just covered with tow trucks. My concern is not only this area, because I own some apartments on the very corner over there. And right across from it they used to have a big parking lot with junk and cars that were taken off, their storage area, with trash and everything else. I'd rent - I'd have apartments for rent and it was very rarely that I ever had a vacancy and I'd have people come over there and I had one vacancy for ten months at a time. Never had it before and they'd come over there and I'd go to make an appointment with them, they'd never show up. Finally, when I'd call them up they'd say, well, we went down there and looked at it and decided this wasn't for us. And this happened - and this was money out of my pocket. Now, this is only part of the big picture because there are violations all over the City and what burns me up is that you've got people that are in your departments that see this or see the violations, and they don't do anything about it. Maybe they turn off their brains after five o'clock or before, you know, eight o'clock when they go to work, whatever. But, when they're out in the street and they see something that's violated, they ought to do something about it. This, in my opinion, is unconscionable to let continue. There you are, there' another piece of - I'm not going to take much of your time here, stored on public property. It sticks there. Junk cars, there you are. I have got three VCR tubes - tapes. About six and a half hours of tapes supporting what I'm telling you and I've got slides and I've got maybe a thousand photos to cover it. Now, my apartment happens to be to the right of it. Overnight parking; this is on public property. It's been there for about three or four months. There is a code, I understand that if you're going to store cars within a thousand feet of a state road, it must be obscured. You've given them about two years to grow plants there. I think that's unreasonable. It's a little obscured now. This looks, just, you know, they're conducting their business outside in the area that's the set back area. Mr. Carollo: I think you're shown us enough to convince us - convince us what you're telling us. Nov... Mr. Bain: Well, wait a minute. Well, wait a minute, here's something else you need to see. This is going on down the street and that's not reasonable, having them park cars on the street. Now, there's something else. Let me come up to it. Mr. Carollo: We're in full agreement with you, sir. Mr. Bain: Well, I know, but do something about it. Mr. Carollo: Well, that's what we're going to try to do if you let us now. You ain't going to show me anything else that's going to convince me more. Mr. Bain: Well, wait a minute. Mr. Carollo: I'm on your side. Mr. Bain: I beg your pardon? Mr. Carollo: I'm on your side. Mr. Bain: I know you are. Stay there. Mr. Carollo: Well, you might lose me in a minute. Mr. Bain: If I lose you, I'll take the responsibility, OK? Mr. Carollo: You won. 125 June 25, 1987 Mrs. Kennedy: It's called, quit when you're ahead. Mr. Sain: There is what I wanted to show you. Down the street, they've got two and three tiers of cars and trucks and so forth. Mrs. Kennedy: Well, we don't have a quorum. Mr. Bain: And as I bring this thing to a close to the setting sun, I appreciate your opportunity to present this. Mr. Plummer: Mr. Mayor... Mr. Carollo: We're all going to get courtesy copies of the whole thing, right, for us to take home. Mr. Plummer: Mr. Mayor. Mr. Pierce: Mr. Plummer. Mayor Suarez: Yes. Mr. Plummer: I make a motion... Mr. Pierce: Mr. Plummer. Mr. Plummer: ... that we send this matter to the City Manager to enforce complete code compliance. Mr. Pierce: Mr.... Mayor Suarez: I know we're working hard on it, Walter, just the implication is that we do it a little bit harder. Mrs. Kennedy: Second. Walter. Mr. Pierce: I don't even want the vote. I'm so upset about it too that we've already taken the initiative. I just wanted to point out that I had never spoken to Mr. Bain and that we could have - if he'd come to me sooner, we would have been that much further along on the specific violations that he's showing you. Mr. Bain: In all fairness, I have a copy of a letter here that I took to each Commissioner back in 1985. Mr. Pierce: Sir. Mr. Bain: I can't help it if it doesn't go to you. This is up to the top of the list. If you don't get it down where you're at, I'm sorry. But. I've got a signed receipt from each one of the Commissioner's representatives. Mayor Suarez: He's pretty high though, I mean, he really is. He's the next City Manager, in fact. Mr. Pierce: No, please don't,, please don't. Mr. Dawkins: OK, what's the next item? Mayor Suarez: Where's the existing City Manager? You've been on there too long. Call the roll. Mr. Pierce: I just wanted to also - I just wanted to also point out that part of... Mayor Suarez: At your own risk. Mr. Pierce: ... the area Mr. Bain is talking about. No, part of that area is zoned industrial. Mr. Plummer: I change my motion. Mr. Pierce: A lot of what he's talking about. 126 June 25, 1987 Mr. Plummer: I instruct Walter Pierce to personally go there... Mayor Suarez: There you go. Mr. Plummer: ... and we're goS.ng to hold you personally liable that if we go there and find a code violation, we are going to have an audit of your position. Now would you like to speak some more? Mrs. Kennedy: Ohhhhh. Mr. Dawkins: And you will pick up your check at 1380 N. W. 12th Avenue. Mayor Suarez: Call the... Mr. Dawkins: Florida State Unemployment Office. Mayor Suarez: Call the roll. Mr. Plummer: Where they tow all of the cars. Mayor Suarez: Please call the roil. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-615 A MOTION REFERRING TO THE CITY MANAGER A CITIZEN PROTEST RECEIVED FROM MR. JEROME BAIN REGARDING THE ALLEGED UNLAWFUL UNLOADING, MAINTENANCE AND SALE OF CARS ON PRIVATE PROPERTY IN THE SOUTHLAND STORAGE AREA; FURTHER URGING THE CITY MANAGER TO ENFORCE COMPLETE COMPLIANCE WITH THE CITY CODE. Upon being seconded by Commissioner Kennedy, 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 34. URGE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION TO TRY TO FUND FOR USE AND INSURANCE COSTS INVOLVED AT VIRRICK PARK Mayor Suarez: Item twenty-six, I'm sorry, Doctor. I thought you had left. Mr. Cornell Bethel: I did once. Mayor Suarez: You did once and you're back. Mr. Cornell Bethel: My name is Cornell Bethel... 3654 Charles Avenue in Coconut Grove. We were planning a community awareness program on Virrick Park in Coconut Grove that would be directed specifically at some of the economic and social issues in our communities involving anti -drug campaigns and other social issues involved in our community... at large. The City of Miami parks department, however, kind of brought the program to a screeching halt when we learned that they were charging us $396 per Saturday for the use of this park facility. We're not asking anything from the City, only that they remove the blockade that's in front of us which is to prevent us from having a program and that is the $78.00 park fee, the $88.00 for the two park attendants and the $230.00 insurance fee which we are not prepared to - we don't have no budget set aside for that. 127 June 25, 1987 Mr. Plummer: No way I'm going to waive an insurance fee. Mr. Bethel: We have a program that would be giving away food for the kids. We have guest speakers and musicians also will be present which cost a lot of money and we had no budget set aside for fees of that amount. The ten week program would total $4,000 and approximately $3,887.75. Mr. Plummer: You're asking two eighty-eight? How much, two eighty-eight, seventy-eight and eighty-seven? Mr. Bethel: Three - three ninety-six, seventy-five ($396.75) will be the total for each week. We were having the program for ten weeks starting June 27th through August 29th, each Saturday of the week. However, because of the fact that we were not prepared to see the City Commission before then, we had already expended funds for the upcoming week, June 27th. Now we're asking the City to help us by removing that blockade of the fee - asking for a fee waiver and any help that you can give us to recontain the program. Mr. Plummer: How much is the fee waiver? Mr. Bethel: The fee waiver? Mr. Plummer: Yes. Mr. Bethel: Well, the total fee is $396 per week. Mr. Plummer: Have you been to the local development corporation? Mr. Bethel: I spoke with Miss Diane Johnson from the department... Mr. Plummer: No, no, no, no, no. You have a Coconut Grove Development Authority, that's economic. Which we give money to. Mr. Bethel: No we - no. Mr. Plummer: Why didn't you? Mr. Bethel: I didn't know anything about it. Mr. Plummer: Well, I can tell you this. There is absolutely no way this vote will give you a waiver on insurance, no way. That is mandatory. Mr. Bethel: Well, Commissioner, Vice -Mayor, that's why I'm here. To address the issues and if the Commission... Mayor Suarez: The insurance is going to cost you $250 per week? Mr. Bethel: Per week. That will be $2,300 for us to do the program; just on insurance piece. That money we can use to help feed some of the poor or some of the hungry who will be there - hopefully will be there at the program. Mr. Plummer: You're not feeding them. You're asking us to. Mr. Bethel: Well, in a sense, yes. We are asking you to - if you waive the fees for us and otherwise we would have to have that money ourselves which we don't have a budget for. Mr. Plummer: Is the administration had the opportunity to review this? Hello. Mr. Walter Golby: The only information we've had is a request for this event for nine days and the cost for each of those days was $400 per day. Which was thirty-six hundred... Mr. Plummer: Is the administration prepared to make a recommendation? Mr. Odio: Go ahead. No, we recommend against it. According to Mr. Walter Golby. Mr. Plummer: I would make a suggestion, sir, that we give the monies to the L.D.C. of Coconut Grove for economic development and you should appeal to them for monies; part of that money which we allocate. 128 June 25, 1987 Mr. Bethel: Well, we're not really asking you to give us anything, we're just asking you to move away the blockade that would prevent us from having the program. Mr. Plummer: Well, you call it a blockade, but you're asking us to give the money to do it. it's one in the same. Mr. Bethel: Well, the waiver of fees that... Mr. Plummer: Same thing, sir. Mr. Bethel: Well, what... Mr. Plummer: The waiver of the fee is money. Mr. Bethel: Well what program are you asking us to appeal to for those fees? Mr. Plummer: The only one I know that exists, sir, and that is the, the - here he is, right behind you. That gentleman there. We give him the money and the state gives him the money. Mr. David Alexander: Mr. Vice -Mayor, Mr. Mayor, my name is David Alexander, Coconut Grove Local Development Corporation. I'd be happy to talk to this gentleman to see what we can do to help. Mr. Plummer: That's fine. Mr. Dawkins: Not see what you can do to help. No, no, no, please, no, no, no. Either we're going to talk with this gentleman and you help him or let's find out from this Commission how we're going to help him. Mr. Plummer: Well... Mr. Dawkins: See now, we sat up here all day long and passed out money and loaned money and what have you, OK? So now, let's don't - let's keep it clean. Mr. Plummer: Yes, but let's also remember that Mr. Alexander is going to be here asking for more money later too. Mayor Plummer: Dave, if you did it under the mantle of the Coconut Grove L.D.C., this particular activity, could you avoid the insurance costs? Mr. Alexander: No, sir, we would have to pay the insurance costs regardless. Mayor Suarez: No way, because it's an event; insurance. Mr. Plummer: God's sakes, don't waive that insurance. Mayor Suarez: OK, and if - depending on how the vote comes out, if we refer it to the Coconut Grove L.D.C. and you get some help but not all that you need or want or whatever, let us know and we'll try to figure out some ways to get you some funding too. Mr. Alexander: Mayor Suarez, at this time, I would be willing to volunteer that we could help. Mr. Plummer: Fine. That's super. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-616 1 A MOTION URGING THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION TO TRY TO ACCOMMODATE A REQUEST FOR FUNDS FOR THE USE AND INSURANCE FEE COSTS INVOLVED AT VIRRICK PARK, IN ORDER TO HOLD A WEEKLY PROGRAM FOR KIDS BEGINNING JUNE 7 THROUGH AUGUST 29, 1987. 129 June 25, 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 Vice -Mayor J. L. Plummer, •Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy Mr. Plummer: Hey, you know, we ought to do more of that in the future. Mayor Suarez: Yes, and don't forget that there are other sources including the West End Coconut Grove Jaycees with whom my office is working and different ways that you can get some funding for this. It sound like a good idea. Mr. Bethel: Thank you. Mayor Suarez: We have - we called item twenty-three, no one stepped forward, right? Mondalia... ----------------------------------------------------------------------------- 35. INSTITUTE A CITIZENS' ADVISORY COMMITTEE TO ASSIST POLICE IN LIBERTY CITY Mayor Suarez: Item twenty-seven. Dr. Wells. Dr. Elliott Wells: Thank you very much, Mr. Mayor and members of the Commission. My name is Elliott Wells and I live at 901 N. W. 41 Street in Miami. Mr. Plummer: Are you aware - Dr. Wells are you aware what took place this morning? Dr. Wells: I'm sorry, sir? Mr. Plummer: Are you aware of what took place this morning in reference to the substation? Dr. Wells: I'm not sure. I know of some information but I want to make three specific requests. Mr. Plummer: That what happened this morning. Dr. Wells: I think I have... Mayor Suarez: Yes, it was really - the early afternoon... can you give him a quick report, Mr. City Manager, where we are on the substation? Mr. Odio: Yes, we have reached an agreement with the contractor they will build a substation for 5 million dollars and they will break ground after the 4th of July. The fence is already up and we'll proceed with the construction now. Mr. Plummer: We're well on our way. Dr. Wells: Well, first and foremost, I would like to commend the Commission and to thank you very much for your support in this and would like to make certain specific requests. Now I don't know whether you understand or realize it, but I think you do that this project represents the heart and soul of our redevelopment plan for the community. And because of that, we feel that you should understand really that we not only appreciate what you're doing but you've done something that we think will go a long ways towards helping us. But we'd like to make these three requests and it will not take very much time. 130 June 25, 1987 4 Mr. Carollo: What are they asking now? Dr. Wells: We would appreciate it if you make no changes in your original design of the project and a retention of the full service substation as it is now. And, if at all possible, we'd appreciate some involvement of the citizens in implementation; perhaps as advisors. In addition to that, we should like to ask that some idea be given to when the project will actually take place. Do you have any idea when it will start? Mr. Plummer: Yes. Mr. Dawkins (Off mike): We're going to break ground on the 7th, Dr. Wells. Mr. Odio: After the... Mr. Plummer: Yes. Mr. Dawkins: Break ground and start building. Mayor Suarez: This is a real... Mr. Dawkins: Not have - not have a ground breaking. Mayor Suarez: This is a real ground breaking, we're going to start actually building foundations. Mr. Dawkins: Not have a ground breaking. We will break ground and start construction. Dr. Wells: OK. Mr. Carollo (Off mike): I think we had the ground breaking already. No we got to construct. Mayor Suarez: Right. Dr. Wells: OK. All right, well thank you very much. Mayor Suarez: We've broken enough ground... Mr. Plummer: Now, now we'd like to ask you to try to help us. Find the 3 million dollars a year it's going to cost to operate. Mayor Suarez: Well, he's proposing one thing that I'd like to see, entertain a motion on. They're proposing to have advisors, Mr. City Manager. For many, many, many years many people on this Commission and otherwise have been proposing that we get our citizens more involved in the whole law enforcement area. Is there any way that you can accept that offer and somehow incorporate them into our law enforcement efforts in that area?. Joe, I see.. Mr. Plummer: Advisory into what fashion? Dr. Wells: Well, we'd just like to be consulted when you - if there are any problems related to anything that you're doing. If you decide you're going to make... Mr. Plummer: Are you speaking of construction? Dr. Wells: No, I think construction is pretty obvious unless you deviate from what you've decided you're going to do. No, we don't want to be involved in it, but should there be any changes in your plans, for example, and you never know, we'd just like to be kept informed... Mr. Plummer: Well, what I'm saying is, what would this advisory board be constituted to do what? Dr. Wells: To be kept informed about what's going on and to make certain, really, that we get citizen involvement across the board, and believe it... Mayor Suarez: But not just - not just the building of a station. Dr. Wells: No, we going to be - we're talking about... - 131 June 25, 1987 -,j Mayor Suarez: Law enforcement too. Dr. Wells: Very definitely. Mr. Carollo: It think that's that's one of the things that's made more sense to me in a long time. What they contribute in helping this City and particularly their police department in the area that they know best more than anybody else, I think it would be tremendous. Mr. Dawkins: I'll take... Mr. Carollo: I think that we should institute a committee that would be an advisory committee to our police department from that area. Mr. Dawkins: I think what I hear them saying is that they would like to be made aware of everything that happens here so that they would be the sounding board, and if I'm in error you correct me, and they would be the sounding board for that community, i.e. the recommendation we just made where if someone wanted to borrow money and had $500,000, they need three votes of this Commission and some kind of a way they should maybe - they should get the agenda when we get it so that if there's anything on the agenda that they're concerned with, that they can go out in the community and find out how it is. I think that's the kind of involvement we're speaking of. Is that correct? Dr. Wells: That's correct. Mr. Plummer: And that - and that's positive. Dr. Wells: OK. Mr. Carollo: Sure, but I think it needs to leave it further than that and everything and particularly having to do with law enforcement, they need to be right on top of it, Miller. As you described. Mayor Suarez: OK. I'll entertain a motion to that effect and I see Joe ready to implement such a plan and propose ways of formalizing the participation. Mayor Suarez:... giving ID's, etcetera, all the kinds of things that we do when we want to... Mr. Dawkins: And the walkie-talkies like the other people have... Mayor Suarez: And walkie-talkies and all the other things that all the other groups seem to be able to get. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-617 A MOTION DIRECTING THE ADMINISTRATION TO INSTITUTE A CITIZENS' ADVISORY COMMITTEE WHICH COMMITTEE WOULD BE CHARGED WITH THE RESPONSIBILITY OF ASSISTING THE POLICE DEPARTMENT IN THE AREA OF THE PROPOSED LIBERTY CITY POLICE SUBSTATION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 132 June 25, 1987 Dr. Wells: Thank you very much again. Mayor Suarez: And don't forget that we awarded twelve free City of Miami used automobiles to one group that is out there helping out with law enforcement and there's sixty some or seventy some of those so other groups that apply might be able to get some free automobiles from the City. Mr. Dawkins: And they were not the ones with the gas leaking in them, OK? Mayor Suarez: Right. Mr. Otis Pitts: We'll take any personal ones you have too. 36. COCONUT GROVE LOCAL DEVELOPMENT CORPORATION AND OTHER APPLICANTS WHOSE BUDGET WAS CUT DOWN TO COME BACK TO COMMISSION FOR RECONSIDERATION Mayor Suarez: Item twenty-eight. I think we've heard from you twice today. You're about the to break the record there. Mr. David Alexander: Thank you, Mr. Mayor. My name is David Alexander and I'm executive director of the Coconut Grove Local Development Corporation, 3582 Grand Avenue, Coconut Grove. Mrs. Kennedy: And, before you continue, I would like us to congratulate David on the birth of his son, Christian Mark David Jonathan Alexander, 9 pounds, 21 inches. Congratulations. Mr. Alexander: Thank you very much. Mr. Dawkins: Jesus Christ, he'll need a Ph.D. to spell his name. Mr. Alexander: Stayed up all night, Commissioner. Mr. Dawkins: OK. Well, congratulations, young fella, as the Commissioner said. Mr. Alexander: Thank you very much, sir. Thank you, ma'am. We requested this appearance to try to inform the Commissioners that there was a terrible mistake made at the last Commission meeting. Coconut Grove L.D.C. was awarded $25,000 out of a recommended $50,000 administrative budget for the next fiscal year. I think the source of the confusion was the fact that the City thought - the City fathers thought that we received some $200,000 in funding from the State of Florida. This is not correct. Never has been correct and I wish it were true. We are currently under consideration for a grant for this coming fiscal year which is less than $100,000; actually closer to $80,000. My understanding, at this point, is that it's $83,000, but this is not a guaranteed grant. We hope to get it, of course. So I would like to request restoration of the $25,000 that was cut because of the misunderstanding. Mr. Plummer: I'll make a motion at this time that once you have your final grant from the State of Florida, that you be offered the opportunity to come back to this Commission to tell us what you've got and we will reconsider if, in fact, it is not what we had understood in the beginning. I'll so move. And that goes also for Gleekel's group and what was the other one that we cut down on, Mr. Manager? There were three. My motion is we had been given reason to believe that these groups were given $200,000 by the state. Mrs. Kennedy: Right. Mr. Plummer: They are now saying that that is not true. That they got less. They got a promise of less than $100,000. Mrs. Kennedy: Just what is your motion? Mr. Plummer: My motion is that once they get approved by the State, they come back and tell us how much they got. That if they got less than what was projected that they have the right to reopen the door. n 133 June 25, 1987 Mr. Dawkins: Second. Mr. Jerry Gleekel: Mr. Commissioner, may 1 address you for a moment? Mayor Suarez: Moved and seconded, right? Mr. Dawkins: Um hummm. Go right ahead, Jerry. Mayor Suarez: Jerry. Mr. Gleekel: I'm Jerry Gleekel, executive director, Northeast Miami Chamber of Commerce, 8281 N. E. 2nd Avenue. So that we have the record straight and so that I think all the Commissioners and the Mayor understand just exactly how this state thing works. What has happened is that the record of the past year and applications have been submitted by various CDCs as they call us. CBOs as you know us. On the basis of these applications a judgment is made. As a matter of fact, the state officials are in the Miami right now listening to appeals from those people who did not make the selected list. I spoke to Tallahassee and Miami so I think I - Commissioner I can lay the facts right before you now. It appears that the first sixteen people on that list will be receiving the grants. The grants will be in the sum of between $83,500 and $84,500; the differential is whether or not they may not appoint a seventeenth because the scoring is very close. At this particular point, no CBO would join our funding or CDC has funds in hand from this. No contracts have been drawn and, most importantly, this money will not be available to any of us and there have only been three in Dade County. And I'm very proud to tell you that our CDC was rated second in the State of Florida. That we will see any of this money forthcoming until well into the middle of September. I think it also is very important the Commission understands something and Frank Castaneda will bear me out. That the allocations of your money are separate and apart and percentiled into the whole situation. The contracts are not necessarily concomitant or duplicated. Some of the obligations we have to the State territorially, graphically and otherwise are different. That which we have with the City is separate. Our allocation budgetarily, to the portion we get from the City, is exactly percentile wise. Whether it's payroll printing, telephone or anything else. If this money is held in abeyance from us from this point on and the contract, and I could not be here to speak because I was away from the City of Miami at the last meeting and really did not expect this to come up. But that, Commissioner Plummer, is the actual funding scheme. There is no more. At one point, these were $100,000 grants. They have since legislatively because of looking to increase it, have cut us back. The maximum we may expect is $84,000. So I... Mr. Plummer: It's how much? Mr. Gleekel: Eighty-four. Mr. Plummer: Yes. But you see, Jerry, as I told you when you called me the other day, we have told the other groups that did not get anything, OK, from the State, that they better start getting in line because these monies are not going to last forever. And this Commission is charged with the responsibility to be fair and equitable - all of the groups across this City. Nov, you're going to come up at this particular time - let's say you get the $83,000 and you're getting $25,000 from us, OK? You are coming up with approximately $108,000. Other groups, like David, if he doesn't get his funding, he's going to wind up with $25,000. Mr. Gleekel: Well, we're not positive at this point legislatively that anybody's getting anything. Mr. Plummer: That's exactly why my motion was that you have the right to open the door based on when you get your money. We haven't cut you out completely. Mr. Gleekel: No. Mr. Plummer: OK? Mr. Gleekel: That's not my point. Mr. Plummer: We've given half of what you had before... 134 June 25, 1987 Mayor Suarez: Did you make - Mr. Vice -Mayor, did you make that motion as to both groups? Mr. Plummer: To all the groups. Mayor Suarez: OK. Mr. Plummer: To all of the groups that were cut down before, if, in fact what we had been told was not realistic and that they should have the right to come back and knock on our door if what we were told was not true. Mayor Suarez: So moved and... Do we have a second? Mr. Gleekel: Thank you. Mayor Suarez: Seconded. Jackie. Ms. Jackie Bell: I'd like for Mr. Plummer to make sure that his motion says, as it is now saying, last time they misunderstood you saying that we would only get the $25,000 if we got the loan from the State. So would you please clear... Mr. Plummer: No, you get the $25,000 whether you would get any more or not would depend on whether you got the loan from the State. Ms. Bell: OK. Frank, do you understand that and it's clear now? Thank you. Mayor Suarez: Call the roll. Mr. Gleekel: Thank you. Mr. Alexander: Mr. Mayor, may I say one thing on the record. I listened to the tape of the last Commission meeting because unfortunately I was absent at the time. The Commission has clearly stated that it would like CDCs and CBOs to become financially independent of the City of Miami. Mr. Plummer: You're going to have to. Mr. Alexander: And we understand that clearly. I'd like to just put my points on the table to you. Coconut Grove L.D.C. started out four and a half years ago with $37,500. At that point I was the one full time person with one part time person. Our organization now... Mayor Suarez: Dave, I see the direction you're going in and I think what you're going to say makes a lot of sense, but we passed a motion early today in the agenda that said we wanted to improve all the four corners of 37th and - Grand. Mr. Alexander: Yes, sir. Mayor Suarez: We're going to have to dedicate some resources to that. Mr. Alexander: Yes, sir. Mr. Plummer: And some big ones. Mayor Suarez: You're going to be the lead agency, I guess, so... or the agency working on that so I don't - we're not going to leave you out and I don't... Mr. Alexander: I understand, sir. Mayor Suarez: You're going to probably get a lot more resources to administer, it depends... Mr. Alexander: Well, I certainly hope - do need them, Mr. Mayor and I appreciate anything you do. Mayor Suarez: At least if we find them, you know, if we're... Mr. Alexander: The whole thing is it boils down to. There are many CEOs across the State of Florida. 135 June 25, 1987 Mr. Plummer: David, we've got eleven minutes left in this meeting. Mr. Alexander: OK. A point well taken, Vice -Mayor Plummer. Thank you for your attention. Mayor Suarez: OK, thank you, Dave. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-618 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO INSTRUCT THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION THAT ONCE THEIR GRANT IS FINALLY APPROVED BY THE STATE OF FLORIDA, THEY WILL BE OFFERED THE OPPORTUNITY TO AGAIN APPEAR BEFORE THE CITY COMMISSION FOR RECONSIDERATION OF THE FACTS INVOLVED; FURTHER STIPULATING THAT ALL PRIOR APPLICANTS OR GROUPS WHOSE BUDGETS WERE ALSO CUT DOWN WOULD BE AFFORDED THE SAME OPPORTUNITY. 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. 37. DECLARE HOUSING EMERGENCY IN CITY; AUTHORIZE IMPLEMENTATION OF SCATTERED SITE HOUSING DEVELOPMENT AND AFFORDABLE HOME OWNERSHIP OPPORTUNITY PROGRAM DEMONSTRATION PROJECT. ------------------------------------------------------------------------------ Mayor Suarez: Yes, items 31, 32, 33, 34, 35, and 36 are related. Mr. Plummer: I would ask that that be carried over and deferred. I have some serious problems with that, Mr. Mayor. w Mayor Suarez: OK. Mr. Plummer: That's the ones in relation to housing. Mayor Suarez: Jerry, is there any one... I think there's some items in that may not be problematic, like the - do we have to declare a housing emergency and so on, Jerry? Mr. Plummer: I have no problem with that. Mr. Jerry Gereaux: Yes. Mayor Suarez: Which item is that? Mr. Plummer: Thirty-two. S Mr. Odio: Thirty-one. Mr. Gereaux: That's item thirty-one. Mr. Plummer: I'll move it. 136 June 25, 1987 Mayor Suarez: Do you have to state into the record the nature of the emergency? Mr. Gereaux: it's stated for the record in the cover memorandum and also covered by a memorandum from the City Manager. Mayor Suarez: OK. Anyone wishes to be heard on this item? We have a motion and a second. Mrs. Kennedy: Which... Mr. Plummer: Thirty-one. Mrs. Kennedy: I move it and Jerry let me congratulate you at this point. I understand you went to the conference of mayors in Tennessee and talked about this program and you have been asked to return and show it to their staff. Mr. Carollo (Off mike): So moved. Mrs. Kennedy: So I so move. Mayor Suarez: Moved and... Mr. Dawkins: What's the move? What's the question? Mr. Carollo: Moved. Mrs. Kennedy: Thirty-one. Mayor Suarez: Thirty-one. Declaring a housing emergency and establishing all of the factual support therefor. Moved and seconded. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-619 A RESOLUTION DECLARING A HOUSING EMERGENCY IN THE CITY OF MIAMI RELATIVE TO THE SEVERE SHORTAGE OF HOUSING WITHIN THE AFFORDABILITY RANGE OF FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME; FURTHER AUTHORIZING THE IMPLEMENTATION OF THE CITY SPONSORED SCATTERED SITE HOUSING DEVELOPMENT AND AFFORDABLE HOME OWNERSHIP OPPORTUNITY PROGRAM DEMONSTRATION PROJECT PLANNED ON THE CITY -OWNED CARVER BRANCH -YMCA SITE IN THE MODEL CITY COMMUNITY DEVELOPMENT TARGET ARE AND AUTHORIZING THE CITY MANAGER TO WAIVE THE REQUIREMENT OF SALE, CONVEYANCE OR DISPOSITION TO THE HIGHEST RESPONSIBLE AND RESPONSIVE BIDDER IN CONNECTION WITH THE DISPOSITION OF SEVEN OWNER -OCCUPIED SINGLE FAMILY HOMES PLANNED FOR DEVELOPMENT ON THE AFOREMENTIONED CITY -OWNED PARCEL LOCATED AT 5770 N.W. 15TH AVENUE WHICH IS LEGALLY DESCRIBED AS LOTS 1,2,3,21,22,23 AND 24 IN BLOCK 32, FIRST AMENDED PLAT FLORAL PARK, RECORDED IN PLAT BOOK 8, AT PAGE 5, OF THE 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. 137 June 25, 1987 4 61 DURING ROLL CALL: Mr. Dawkins: No, I got a question please. Mr. Plummer: All this does is declare the emergency. is that correct? Mrs. Kennedy: Right. Mr. Gereaux: That is correct. Mr. Dawkins: OK, go ahead. Yes, yes, go ahead. Second. Go ahead. 38. DEFER CONSIDERATION OF FOLLOWING ITEMS FOR NEXT MEETING: (1) PROPOSED YMCA SITE FOR LOW DENSITY HOUSING; (2) PROPOSED APPROVAL OF MARKETING AND HOME BUYER SELECTION PROCESS FOR HOME OWNERSHIP OPPORTUNITY PROGRAM; (3) PROPOSED APPROVAL OF MORTGAGE HOME PURCHASING FINANCING PROGRAM Mayor Suarez: Is there any one of the other related items you want to try? Mr. Plummer: Mr. Mayor, I would like to defer 32, 33, 34, and 35 till the next meeting. Mr. Carollo: And 36 too. Mr. Dawkins: OK. Why? Mr. Plummer: The reason for it, Miller, is that the property that in question, I am concerned about setting a precedent with a pilot program that we're not going to be able to do in the future. Mr. Dawkins: Yes. Mr. Plummer: And my more concerned is that this parcel of property was purchased by the City of Miami for a cost of $165,000. Under this plan, the most that we will recoup on this piece of property is $49,000. Seven per parcel. That means that we, in fact, are subsidizing to the tune of about $13,000 per lot and there is absolutely no way we can do this in the future. It is giving false hope and I have a serious problem with doing that. Mr. Dawkins: OK... Mr. Plummer: That's why I've asked to be deferred to see if we can work it out to some kind of a situation. Mr. Dawkins: OK. Why is it - I mean, along the lines of what J.L. is saying, why is it you're accepting a bid for $400,000? Mr. Jerry Gereaux: I'm not maybe I can respond to that in reference to what Commissioner Plummer said. Mr. Plummer: Well, I'm trying to save time because I'm asking for it to be deferred. Mr. Dawkins: OK, I mean, it can be deferred but I'm going to have to have the answer these questions when we come back anyway. Mr. Gereaux: I would like to respond to that briefly. Mr. Plummer: We now have seven minutes left in this meeting. Mr. Dawkins: Yes. Go ahead. Mr. Gereaux: The City... Mr. Dawkins: No, no, no, no - just briefly. Mr. Gereaux: OK. Of course. 138 June 25, 1987 Mr. Dawkins: Because, you see, you're very long winded. Mrs. Kennedy: Tell them briefly that - tell them briefly, Jerry, that it defeats the purpose of selling the houses to low income people. Mr. Gereaux: OK. Very briefly, the City purchased the property for $184,000. Mr. Dawkins: Why are we going to put a bid out for $400,000 to build seven houses? Mr. Gereaux: OK. What we're doing here - and we're talking about two items at the same time and, Commissioner... Mr. Dawkins: OK, well I'm talking about one and let me - let me tell you what - when you come back tell me this, OK? Mr. Gereaux: OK, the $400,000... Mr. Dawkins: Tell me, why is it that if we're supposed to be building affordable housing... Mr. Gereaux: Yes... Mr. Dawkins: ... you're going to bring in seven houses for $400,000 and when you divide 400 by 7 you get fifty seven, one hundred and forty-two dollars. OK? That's not affordable. OK? Mr. Gereaux: Well... Mr. Dawkins: Now, why is it that you can't - $45,000 will be three hundred and fifteen thousand. Forty-five thousand dollars might be affordable. And when you break this down, you can come back and explain to me when J.L. let's you, why is it that at fifty-seven thousand, a hundred and forty-three dollars ($57,143), you're going to build 1,350 square feet of living space and that comes to $42.00 a square foot. What makes these houses cost $42.00 a square foot? When you come back, that's what we need. OK? Mr. Gereaux: I would like to bring this back at the next meeting if I may. Mr. Dawkins: See J.L. Now J.L.'s the one deferred. Mayor Suarez: OK, we got a motion to defer... Mr. Dawkins: Deferred it to when, J.? Mr. Plummer: Till he's had the opportunity to come talk to me and convince me otherwise. Mr. Dawkins: Well, he may not never convince you. He's got to come back. Mayor Suarez: No, no, no, no, no..... We're going to defer it to the next meeting, aren't we? Mr. Plummer: Oh, OK. The next meeting is fine. OK. Mayor Suarez: So moved. Seconded. Thereupon items 32, 33, 34, and 35 were deferred 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. 139 June 25, 1987 39. APPROVE APPLICATION FOR HOUSING DEVELOPMENT LOCATED AT RED ROAD AND N.W. 7TH Mayor Suarez: Item 36. Mr. Jerry Gereaux: Item 36. Mayor Suarez: I think there's a deadline on this one, so we better... Mr. Dawkins: Joe, Joe, Joe said... Mr. Gereaux: Yes, there is. There is indeed a deadline. The Federal Government, as has been the practice for the past three years, has provided most cities about 12 days to announce the availability of housing development grant funding. Get the applications before the Commission and get them back to HUD. Mr. Plummer: Let me - let me simplify it. I make a motion we approve the parcel on Red Road and 7th Street and we disapprove the Congress Building. I so move. Mr. Dawkins: I'll make a motion - OK. I'll wait and see what you come. Mayor Suarez: Why? Mr. Dawkins: Wait a minute. See what - wait and see if he gets a second. Mrs. Kennedy: Yes, why do you separate the two? Mr. Carollo (Off mike): Is this on 36? Mr. Dawkins: Yes. Mr. Carollo (Off mike): You approve the first and not the second? Mr. Plummer: What I'm saying is, approve the one on 56th Avenue and N. W. 7th Street. The one for the Congress Building downtown to disapprove. Mr. Dawkins: OK, well why is it... Mr. Carollo (Off mike): ----- Congress Building is the one with 148 units------. Mr. Dawkins: Right. Mr. Plummer: Well, but it's more than that, Joe, it's - the way they've got that thing structured, they've got it with retail on the bottom floor. They've got apartments on the next levels. And then on top of that, they got the Yuppies, you know. And let me tell you what scares me more than anything about the Congress Building. You will recall that there was a proposal by Dade County to buy that structure and turn it into a half -way house for a work release program - a prison. And I don't want to go fix that thing up and have it sold to Dade County for that purpose. Mr. Dawkins: If you get a second, I'm going to make a substitute motion. Mr. Plummer: Oh well obviously I didn't get a second. Mr. Dawkins: I move that we deny both of them, I mean, everytime you look, it's a UDAG grant in this area. The rest of the City of Miami does not get any UDAG grants. So we should find, in my opinion, the whole City of Miami needs redeveloped. So we shouldn't continue to put all of the UDAG grants in one area so I move to deny both of them and let them come back with something different. Mr. Plummer: Why does that happen? 140 June 25, 1987 Mr. Gereaux: This, is a program where we put out a notice based on the availability of Federal money and the private sector needs to respond. And it needs to respond through the City. The responses we get are those that the private developers can put together and get put to bed with all of our requirements and all the Federal government's requirements met. Our responsibility as the City is to say, here is some Federal money. Now, this Federal money we can use for housing. This Federal money in the case of UDAG we can use for commercial development. Both create housing. Both create jobs. Then we have to make the decision as to whether or not getting that money and creating those jobs and providing those housing units is an important community project. I think Frank might want to say something about UDAGs. Mrs. Kennedy: Well, let me tell you, it's a great concept. We don't have to put any money out. We get our money back. We provide housing for the elderly. Mayor Suarez: OK, we have a motion and I agree generally with that statement that I don't see what we stand to lose on either one of these. But I'll take either one that I can get right now. We have a motion to accept the one and... Mr. Plummer: No, my - I didn't get a second nor did Miller get a second. Mr. Carollo (Off mike): Yes, he did get a second. Mr. Plummer: Oh, he did get a second? Mr. Carollo (Off mike): You did get a second. Mr. Plummer: Oh, I did get a second? Oh, mine is to accept the application for the 56th Avenue and N. W. 7th Street and deny the other. Mayor Suarez: If that's the only way I could get it, I would vote for it that way. I would much rather split them and vote individually. Mr. Plummer: Well, isn't that what I just did? Mrs. Kennedy: That's what he just did. Mr. Dawkins (Off mike): No, just voted for one and deny the other, so that's the same difference. Mayor Suarez: Well, except that... Mr. Dawkins: ... you're going to deny the second one anyway. Mayor Suarez: Yes, I don't know if there is a consensus to deny the second one. OK, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-620 A RESOLUTION APPROVING IN PRINCIPLE THE APPLICATION OF THE FOLLOWING DEVELOPER FOR SUBMISSION BY THE CITY OF MIAMI TO THE U.S., DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR HOUSING DEVELOPMENT GRANT: DESIGN MANAGEMENT INVESTMENTS, FOR THE CONSTRUCTION OF A ONE -HUNDRED AND TWENTY-FIVE (125) UNIT ADULT CONGREGATE LIVING FACILITY. (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- 141 June 25, 1987 a AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSENT: None. Mr. Plummer: Jerry, I think you ought to be very cognizant, you know. You're saying the reason that it's only in that particular area is because it has to be applications by developers, OK? I think you ought to be very cognizant because what Miller Dawkins is telling you is very true. And I think you need to go out and have a list prepared and ready to go into all other areas even though - if some developers had that right, others must have that other availability. So, I... Mr. Dawkins: Don't bother, Jerry, because Federal money is running out and we keep giving it to them and then when the individuals whom I'm talking about apply, there will be no money. So don't waste your time. Leave it like it is. 40. FIRST READING ORDINANCE: "OCCUPATIONAL LICENSES" Mayor Suarez: Item 37. This is important that we pass this, someone told me from staff. What is it? A new schedule of... Mr. Carlos Garcia: Yes, sir. We're asking you to adopt a revised chapter 31 related to occupational licenses. We're doing three things. First of all, we're trying to update the language and the type of licenses the City is issuing. Number two, we're trying to simplify the process of applying for a license. In the past, we asked for certain economic information that is not really relevant to the license. And number three, we are producing certain fees. For instance... a peddler's license we're capping at $300. In some cases, those licenses were as high as $577. In other cases, we're asking for the City Commission to approve reducing licenses for City facilities in order to promote or to attract additional events to the Orange Bowl, the Marine Stadium, the Miami Stadium and so on. These are the main changes. The main revisions that we're making to chapter 31. Mayor Suarez: Is it a first reading? Mr. Garcia: Yes, sir. First reading. Mrs. Kennedy: Move it on... Mr. Plummer: This doesn't increase any of the fees? Mr. Garcia: No, sir, it does not. As you know a State... Mayor Suarez: I don't think we're... Mrs. Kennedy: Move it on first reading. Mayor Suarez: I don't think we're allowed to increase anything. Mr. Garcia: We're not allowed. That's right. By State Statute. Mayor Suarez: By State law. Mr. Odio: First reading. Mrs. Dougherty: Look at this ordinance. Mr. Plummer: Huh? Mrs. Dougherty: Look at this ordinance. r 142 June 25, 1987 Mrs. Kennedy: Move it on first reading. Mayor Suarez: Move it on first reading. Do we have a second? Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING, IN ITS ENTIRETY, CHAPTER 31, ENTITLED "LICENSE AND MISCELLANEOUS BUSINESS REGULATIONS" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, RELATING TO OCCUPATIONAL LICENSE TAXES AND SUBSTITUTING THEREFOR A NEW CHAPTER 31, ENTITLED "OCCUPATIONAL LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS: CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Was introduced by Commissioner Kennedy and seconded by Commissioner Plummer and was passed on its first reading by title by the following vote - AYES: Commissioner 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 art to the public. 41. SECOND READING ORDINANCE: CLARIFY THAT ALL WORK ON A STRUCTURE MUST HAVE BUILDING PERMIT Mayor Suarez: Are there any items that we absolutely must do left? I see people shaking their heads back there. Mr. Odio: We need second readings, PZ-1, 13 and 14, 15 and 16. INAUDIBLE RESPONSE BY MR. PLUMMER. Mr. Odio: They're second reading. We need 15 is very important. Mayor Suarez: Well, you gave us about ten of them. I mean, can you give us - we said that we were going to break at 6:15 and, you know, I'm willing to stay a little longer if the rest of the Commission is, but we - you've got to give us a reasonable number of items here now. Mr. Pierce: Item 15 is the one that will allow us to start taking people to the code enforcement board for building without a permit, which we can't do right now. That's PZ-15. Mr. Plummer (Off mike): What is it about this outdoor sign? Mr. Pierce: State regulations. Mr. Plummer (Off mike): I'll move item PZ-15. Mr. Dawkins (Off mike): What is it? Mr. Carollo (Off mike): What is it? 143 June 25, 1987 Mr. Plummer (Off mike): On the code enforcement board. Mr. Pierce: To make the... Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. It's PZ-15? Mr. Pierce: yes. Mr. Carollo (Off mike): But, what is it exactly, code enforcement? Mr. Plummer (Off mike): It gives them the clout and to compliance with the State Statutes. Mr. Carollo (Off mike): Well, I tell you, I hope it gives some clout because the violations you've got out there is just crazy. Mayor Suarez: It's a second reading too. Mr. Plummer (Off mike): Right now, the code enforcement board doesn't ha,re any clout. Mr. Pierce: It's getting it though... Mayor Suarez: Anyone from the general public wishes to be heard for or against item PZ-15? Let the record reflect that no one stepped forward. Call the roll. Do we have a motion and a second? We do. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 2 ENTITLED "APPLICATION OF REGULATIONS", SECTION 200 ENTITLED "ZONING AFFECTS ALL LANDS, WATERS, STRUCTURES, USES, AND OCCUPANCIES"; AND ARTICLE 34 ENTITLED "ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND PENALTIES", SECTION 3402 ENTITLED "ZONING REQUIREMENTS, PROCEDURES, LIMITATIONS, AND ACTIONS ON BUILDING PERMITS: TO CLARIFY THAT ALL PROPOSED WORK ON A BUILDING OR STRUCTURE MUST BE PERMITTED BY BUILDING PERMIT AND ALL COMPLETED WORK MUST BE FOUND TO BE IN CONFORMITY WITH ZONING REGULATIONS; AND ARTICLE 20 ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS", SECTION 2026 ENTITLED "SIGNS, SPECIFIC LIMITATIONS AND REQUIREMENTS", SUBSECTION 2106.15.2 AND PARAGRAPH 2O26.15.2.1 TO CONFORM THE DISTANCE REQUIREMENTS BETWEEN LIMITED ACCESS HIGHWAYS AND OUTDOOR ADVERTISING SIGNS WITH THE STATE OF FLORIDA REQUIREMENT OF 660 FEET; AND RENUMBERING SUBSECTION 2106.15.2 TO 2026.15.2; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 28, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner 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. 10290. 144 June 25, 1987 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. 42. CONTINUATION OF ALL ITEMS NOT CONSIDERED ON THIS DATE. Mayor Suarez: Is there any... OK. Mr. Pierce: PZ-16 is the item that takes care of those few cluster projects that were left hanging when we repealed it. UNIDENTIFIED SPEAKER: Grandfather. Mr. Pierce: It's the one you want, it's the grandfather. OK? Mayor Suarez: Is there any individual planning and zoning items for individual applicants that would be highly unfair if we didn't take them up today? UNIDENTIFIED SPEAKER: Yes, 13 and 14. Mr. Pierce: 13 and 14. Mayor Suarez: Thirteen and fourteen. Mr. Odio: Seventeen and eighteen. Mr. Pierce: No, thirteen and fourteen... Mayor Suarez: Tell us why. Mr. Pierce: ... they came from out of town. It's the second reading. No opposition. Mayor Suarez: Wait, wait, let's just hear why. Why? Mr. Pierce: Thirteen and fourteen, the applicants, the owners are from out of town, made a trip special for this and there's no opposition to it at all. Staff supports it. Mr. Plummer (Off mike): In all fairness, if we hear that one, we've got to hear the others. Now I'm sorry. You know it's going to pass. This Commission overwhelmingly has made that situation - this is the Miami Avenue and 58th Street? I'm sorry, but it will be delayed for thirty days. But it's going to pass, you know that. I just don't see how we can hear one without fairness to hear them all. Mayor Suarez: It was a unanimous vote on first reading. UNIDENTIFIED SPEAKER: Well, we have an item that has to start construction and we are going to... we have one item that has to start construction. _ Mr. Plummer: Sir, there is your item and 24 other items. If I allow you the courtesy, I've got to do the same for the rest. We have an obligation. It was announced much in advance. Now, I'm not going to argue the point. I think in all fairness that's what you've got to do. Mayor Suarez: Staff, any other recommendation or any other items that we can take up or that it would be unfair not to take up as long as we've three up here, four of us up here. I'll try anything. Mr. Plummer: I move at this time that all other matters not addressed by this Commission today on this agenda be carried over into the respective agendas in July. What I'm saying in the breakdown is that non zoning items will be rescheduled for July the 9th. All zoning items will be rescheduled for July the 23rd. Mayor Suarez: So moved. 145 June 25, 1987 Mr. Plummer: So moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Mr. Plummer: I want - excuse me, do I need to defer them or for further information. Mr. Rodriguez: Continue. Mayor Suarez: Continue. Mr. Rodriguez: Continue to July 23rd. Mr. Plummer: For further information. Mayor Suarez: Just continue them until the neat meeting. Mr. Rodriguez: Continue. Mr. Dawkins: I move 39. We got two lobbyists that need to be paid. Mrs. Kennedy: Second 39. Mr. Plummer: Carollo said he had a problem... Mayor Suarez: Call the roll. Call the roll on the motion to defer. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-621 A MOTION STIPULATING THE ADMINISTRATION TO CONTINUE ALL AGENDA ITEMS NOT CONSIDERED ON THIS DATE AS FOLLOWS: ALL REGULAR AGENDA ITEMS TO THE MEETING OF JULY 9, 1987 AND ALL PLANNING AND ZONING AGENDA ITEMS TO THE MEETING OF JULY 23, 1987. 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. Mayor Suarez: Commissioner Carollo have problems with item 397 Mr. Plummer: That's what he said. Mr. Dawkins: Yes. Mayor Suarez: Being vote on? Mr. Dawkins: Yes. Mr. Plummer: Yes. Mayor Suarez: OK. That's deferred along with everything else. Commission is adjourned. 146 June 25, 1987 • U THERE BRING NO FURTHER BUSINESS TO COME BEFORE TIM CITY COMMISSION, THE MEETING VAS ADJOURNED AT 6:21 F.M. Xavier L. Suarez MA`i0R ATTEST: Matty Hirai CITY CLERK halter J. Foeman ASSISTANT CITY CLERK � O� *' INCOkp )RATED 18 96 FL 147 June 25, 1987 � s CITY OF MIAMI DOCUMENT INDEX MDATE: JUNE 25, 1987 PAGE 1 OFF' ... DOCUMENT VM rF=TION RE T NVAL CODE NO. JACKIE GLEASON CONDOLENCES. 87-584 DON HICKMAN CONDOLENCE. 87-585 FIREWORKS FOR BAYSIDE MARKET PLACE 4TH OF JULY CELEBRATION. 87-587 TERMINATE JOSEPH MIDDLEBROOKS AS ARCHITECT FOR NORTH POLICE SUBSTATIONS. 87-588 87-588.1 ALLOCATE $10,000 TO EDUCATIONAL EQUIPMENT CENTER FOR TEACHING PROGRAM. 87-589 ACCEPT BID OF DOTHAN SECURITY FOR GUARD SERVICES AT VIRGINIA KEY BEACH AND DINNER KEY MARINA. 87-590 AUTHORIZE EXECUTION OF LEASE AGREEMENT WITH MCF CORPORATION FOR OFFICE SPACE AT AVIATION AVENUE. 87-591 AUTHORIZE EXECUTION OF AGREEMENT WITH CELLAR DOOR CONCERTS, INC. FOR MADONNA CONCERT AT ORANGE BOWL. 87-592 ALLOCATE $30,000 FOR IMPLEMENTATION OF 1987 SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM. 87-593 DOWNTOWN DESK DASH: CLOSE STREETS, BEER/WINE PERMIT, RETAIL PEDDLERS. 87-594 DIRECT CITY ATTORNEY TO PREPARE CHARTER AMENDMENTS FOR THE NOVEMBER 3, 1987 ELECTION: (1) MINIMUM SUBSTANTIVE SAFEGUARDS UPON WATSON ISLAND DEVELOPMENT; (2) MINIMUM STANDARDS ON RECEIPT OF. PROPOSALS FOR LEASE/SALE OF CITY -OWNED PROPERTY, (3) AFFORD PREFERENCE TO LOCAL VENDORS; (4) CREATE BAYFRONT PARK MANAGEMENT TRUST. CITY WILL NOT ABANDON ITS PRIMARY POSITION CONCERNING REPAYMENT OF $10M SUBORDINATE NOTE BY SPORTS AUTHORITY IN CONNECTION WITH REPAYMENT OF MIAMI HEAT CONTRACT (N.B.A. FRANCHISE); PUBLIC HEARING SCHEDULED - INVITING INTERESTED PARTIES, INCLUDING DECOMA SPORTS AUTHORITY, HEAL REPRESENTATIVES, ETC. 87-598 87-599 lb 0 DOCUMENT INDEX ENDORSE RONNIE DESILLERS NATIONAL FOUNDATION ON ITS FUND RAISING EFFORTS TO RAISE ORGAN DONOR AWARNESS. OPEN BIDS FOR FAIRLAWN SOUTH SANITARY SEWER IMPROVEMENT SR-5515 C. ACCEPT BID OF DANVILLE/FINDORFF INC. FOR BAYFRONT PARK REDEVELOPMENT PHASE III. APPROVE ADDENDUM TO OMNI AREA REDEVELOPMENT PLAN/ ACCEPT BID OF PRODUCTION ASSOCIATES, INC FOR JANITORIAL SERVICES AT POLICE BUILDING. AUTHORIZE EXECUTION OF LEASE AGREEMENT WITH AMERIFIRST DEVELOPMENT CORPORATION FOR OFFICE SPACE DOWNTOWN. DECLARE HOUSING EMERGENCY IN CITY; AUTHORIZE IMPLEMENTATION OF SCATTERED SITE HOUSING DEVELOPMENT AND AFFORDABLE HOME OWNERSHIP OPPORTUNITY PROGRAM DEMONSTRATION PROJECT. APPROVE APPLICATION FOR THE HOUSING DEVELOPMENT LOCATED AT RED ROAD AND N.E. 7TH. 87-600 87-602 87-603 87-604 87-608 87-609 87-619 E:%a:�l7