Loading...
HomeMy WebLinkAboutCC 1986-11-13 MinutesE INDEX MINUTES OF REGULAR !MEETING CITY COMMISSION OF MIAMI, FLORIDA NOVEMBER 13, 1086 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. PRESENTATIONS, 'CLAMATIONS AND PRESENTED 1 SPECIAL ITEMS. 11/13/86 2. PURCHASE CONSOLE EQUIPMENT FOR R-86-872 2-4 CITY'S 600 MHZ TRUNKED SYSTEM. 11/13/86 (ALSO SEE LABEL 062) 3. PURCHASE FOUR GAS -INFRA -RED R-86-873 5 ANALYZERS AND RELATED SUPPLIES FOR 11/13/86 COMPUTERS. 4. CONSENT AGENDA 5-7 11/13/86 4.1 APPROVE A ONE (1) YEAR EXTENSION OF R-86-874 7 EMPLOYMENT FOR RUBEN GONZALEZ, 11/13/86 DEPARTMENT OF PERSONNEL MANAGEMENT. 4.2 ALLOCATE FUNDS FOR COCONUT GROVE R-86-875 8 WAITERS RACE AND TASTE OF THE GROVE 11/13/86 FOOD FESTIVAL; AUTHORIZE STREETS CLOSURES. 4.3 AUTHORIZE ONE -DAY PERMIT TO SELL R-86-876 8 BEER AND WINE AT SUNSTREET PARADE; 11/13/86 AUTHORIZE STREET CLOSURES. 4.4 1986 BANYAN FESTIVAL: AUTHORIZE R-86-877 8 STREET CLOSURES; ESTABLISH 11/13/86 TEMPORARY PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL PEDDLERS. 4.5 AUTHORIZE AGREEMENT WITH LATIN R-86-878 8-9 CHAMBER OF COMMERCE, INC. TO 11/13/86 SUPPORT 1986-87 PERMANENT SECRETARIAT OF HEMISPHERIC CONGRESS OF LATIN CHAMBERS OF COMMERCE AND INDUS4AY - $91,500. 4.6 AUTHORIZE AGREEMENT WITH R-86-879 9 INTERNATIONAL HEALTH COUNCIL, INC. 11/13/66 TO SUPPORT SAID ORGANIZATION - $50, 000. 4.7 AUTHORIZE AGREEMENT WITH ST. JOHN R-86-880 9 LOCAL, DEVELOPMENT CORPORATION TO 11/13/86 CONTINUE DEVELOPMENT EFFORTS IN THE OVERTOWN COMMERCIAL DISTRICT. 4.8 AUTHORIZE PERMIT TO ALLOW BARRY R-86-881 9 SHARPE TO REMAIN AS PROPERTY 11/13/86 MANAGER AND TO COLLECT RENTALS ON PROPERTY PURCHASED FROM HIM BY CITY OF MIAMI, FOR SIX-MONTH PERIOD. 7 4.9 SYMPATHY AND CONDOLENCES EXPRESSED R-86-882 9-10 UPON DEATH OF EDWARD J. 11/13/86 FITZPATRICY, FORMEP. LONG-TIME STAFF MEMBER IN CITY ATTORNEY'S OFFICE. 4.10 SYMPATHY AND CONDOIT17CFS FXFRESSED R-86-883 10 UPON DEATH OF FUGENF PA PP/ -ITS , MIAMI 11/13/86 WASTE COLI_.FCTOR . 4.11 AUTHORIZE 1..EGAL FROCI'FDJNGS AGAINST R-86-884 10 T 6 R STORE FIXTURES, INC., AND/OR 11/13/86 ITS PROFIETORS, ANTONIO AND REYNALDO HECHAVARRIA, FOR FAILURE TO REMOVE ITSELF FROM CITY -OWNED PRO.:ER7Y, 4.12 AUTHORIZE NEGOTIATIONS FOR R-86-885 10 ACQUISITIONS OF "MAX BAUER PARCEL- 11/13/86 (N.W. 2ND AND N.W. STH STREET) 4.13 AUTHORIZE OFFER FOR ACQUISITION OF R-86-886 10r►11 TWO PARCELS (10 AND 11) WITHIN 11/13/86 OVERTOWN COMIlUI4ITY DEVELOPMENT TARGET AREA FOR LOW AND MODERATE INCOME HOUSING, AUTHORIZE CLOSINGS;, ALLOCATE $1,000,000. 4.14 AUTHORIZE NEGOTIATION FOR R-86-887 11 ACQUISITION OF PROPERTY AT 2610 11/13/86 N.W. 25TH AVENUE, MIAMI, FOR DEVELOPMENT OF LOW AND MODERATE INCOME HOUSING; AUTHORIZE CLOSING. VAL-- 4.15 BID ACCEPTANCES - H & C R-86-888 11 MAINTENANCE - $6,072.00; ROBERT 11/13/86 BROWN BUILDING MAINTENANCE - $7,200,00; INDUSTRIAL BUILDING MAINTENANCE - $60,720.00; SUPERIOR BUILDING MAINTENANCE - $11,040.00 - CUSTODIAL SERVICES FOR ONE YEAR, DEPARTMENT OF GENERAL SERVICES ADMINISTRATION - TOTAL COST OF $85,032.00. 4.16 BID ACCEPTANCE: RESEARCH R-86-889 11-12 IRRIGATION, INC., FOR LABOR AND 11/13/86 MATERIALS FOR PUMPING STATION AT MIAMI SPRINGS GOLF COURSE, DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES - $36, 578.00 4.17 BID ACCEPTANCES - BISCAYNE FIRE R-86-890 12 EQUIPMENT CO. - $11,877.60; 11/13/86 MUNICIPAL EQUIPMENT CO. - $1,934.00; SANDFORD FIRE APPARATUS i CO. - $1,908.00 FOR FURNISHING NOZZLES AND RELATED SUPPLIES TO } DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES - TOTAL PROPOSED COST $15,719.60 4.18 BID ACCEPTANCE - AMERICAN CARPET Fi R-86-891 12 INTERIORS, INC. FOR FURNISHING 11/13/86 RUBBER COVE BASE AND ADHESIVE TO DEPARTMENT OF GENERAL SERVICES ADMINISTRATION - $7,166.00. 1 4.19 BID ACCEPTANCE - TREE MASTERS, R-86-892 12 INC., FOR DEMOLITION OF STRUCTURE 11/13/86 " • i- AT 5770 N.W. 15TH AVENUE, TO DEPARTMENT OF BUILDING AND ZONING $11,444.00. 4.20 HID ACCEPTANCE - OCEAN BAY R-86-893 13 CONSTRUCTION, INC. FOR FORT DALLAS 11/13/86 PARK PLAZA - PHASE II $326,801.00 (ALTERNATE EASE BID) 4.21 RESCINDINFG AWARD OF BID TO R-86-894 13 SOUTHEASTFFY" CONCRETE FLOOR, INC. 11/13/86 4.22 RESCINDING AWARD OF BID TO E.SANS 4 R-86-895 13 ASSOCIATES, INC. 11/13/86 4.23 RESCINDING AWARD OF BID TO OCEAN R-86-896 13 BAY CONSTRUCTION, INC. (FOR PHASE 11/13/86 I) 4.24 PERMIT SALE OF ALCOHOLIC BEVERAGES R-86-897 13 ON SUNDAYS III DECEMBER, 1986. 11/13/86 4.25 ORDERING FrSOLUTION - FAST LITTLE R-86-898 14 HAVANA HIGHWAY IMPROVEMENT - PHASE 11/13/86 II H-4528. 4.27 AMEND ASSESSMENT ROLL - CITYWIDE R-86-900 14 SANITARY SEWER IMPROVEMENT DISTRICT 11/13/86 1981 SR-5476C. 4.28 AUTHORIZE ACCEPTANCE OF DEEDS OF R-86-901 14 DEDICATION FOR HIGHWAY PURPOSES. 1!/13/86 4.29 ALLOCATE $1.0,000 TO ASPIRA OF R-86-902 14 FLORIDA, INC., AUTHORIZE AGREEMENT 11/13/86 WITH SAID AGENCY. 4.30 CLAIM SETTLEMENT - ALMANZOR R-86-903 15 MARTINEZ - $32,000.00. 11/13/86 4.31 CLAIM SETTLEMENT - ROLANDO YAGUE - R-86-904 15 $40,000.00; LETICIA YAGUE - 11/13/86 $35,000.00. 4.32 AUTHORIZE SETTLEMENT OF R-86-905 15 CONDEMNATION PROCEEDINGS FOR 11/13/86 PROPERTY NEEDED FOR OVERTOWN URBAN INITIATIVES PROJECT. 4.33 RESCHEDULE PUBLIC HEARING ON R-86-906 15 MERRILL STEVENS DRY DOCK COMPANY 11/13/86 LEASED PROPERTY. 5. AGREEMENT WITH REAL ESTATE RESEARCH DISCUSSION 16 CO. FOR APPRAISALS ON OVERTOWN 11/13/86 PROPERTY. 6. NEGOTIATE PROFESSIONAL SERVICES FOR R-86-907 17-20 DESIGN OF PEDESTRIAN MALL IN 11/13/86 SOUTHEAST OVERTOWN/PARK WEST. 7. CONTRACT ADVANCED DATA PROCESSING R-86-908 20-23 TO COLLECT RESCUE TRANSPORTATION 11/13/86 FEE. 8. AWARD BID: NILFISK OF AMERICA, R-86-909 23-25 INC. - ONE PORTABLE DUST COLLECTOR 11/13/86 (FOR DEPARTMENT OF POLICE). 9. AWARD BID: RAINBOW DODGE - FOUR 15- R-86-910 25 PASSENGER VANS . (FOR G.S.A). 11/13/86 10. AGREEMENTS WITH (A) MANUEL G. VERA R-86-911 26-30 & ASSOC., INC; (B) METRIC 11/13/86 ENGINEERING, INC; AND (C) CAMPANILE & ASSOCIATES, INC. 0 �l 11 11. SOLICIT PROFESSIONAL SERVICES FOR M-86-912 LAND SURVEYING TO BE FURNISHED TO 11/13/86 THE CITY. 12. ALLOCATE 11TH YEAR COMMUNITY R-86-913 DEVELOPMENT FLOCK GRANT FUNDS FOR 11/13/86 SOCIAL SERVICES TO TWO AGENCIES (A) CATHOLIC COM14ITNITY SF='V7C) S INC — CENTRO MA7FR CHILD CAF.F PROGRAM, (B) COCONUT C_FOVF FAMILY HEALTH CENTER, INC. 13. ALLOCATE 12.7H YFAP. COMMUNITY R-86-914 DEVELOFI'E1dT FLOCY GRA14T FUNDS - 11/13/86 CREATE ECONOM",IC AND PHYSICAL IMPROVEMENT FUNT)ING FOOL FOR IMPLEMENTATION IN TARGET AREAS. 30-32 33-36 14. CONTINUED DISCUSSION: BRIEF DISCUSSION 36 COMMENTS iN CON14ECTION WITH 11/13/86 DEVELOPMENT OF A FULL SERVICE BOAT YARD FACILITY AT THE MERRILL STEVENS DRY DOCK COMPANY LEASED PROPERTY. (ALSO SEE LABEL 04) 15. BRIEF DISCUSSION ON PASSAGE OF DISCUSSION 36-38 AGENDA 43 (SETTLEMENT RE 11/13/86 CUNDEMNATION PROCEEDINGS OF 21 PARCELS ACQUIRED FOR OVERTOWN URBAN INITIATIVE PROJECT. (ALSO SEE LABEL 061) 16. EMERGENCY ORDINANCE: AMEND 10039 — ORDINANCE 38-40 FORMALIZE COMMISSION ACTIONS AND 10177 IMPLEMENT BUDGETARY ADJUSTMENTS. 11/13/86 17. EMERGENCY ORDINANCE: AMEND CITY ORDINANCE 40-41 CODE — REVISE FEE SCHEDULES FOR 10178 CITY OF MIAMI GOLF COURSE. 11/13/86 18. EMERGENCY ORDI1ANCE: AMEND 10100 — ORDINANCE 42-47 (REGULATION OF NON —MOTORIZED 10179 VEHICLES FOR HIRE) — ADD NEW RESTRICTIONS & LIMITATIONS. 19. EMERGENCY ORDINANCE: ABOLISH ORDINANCE 47-50 DEPARTMENT OF COMMUNICATIONS 10180 (CONSOLIDATE FUNCTIONS WITH 11/13/86 DEPARTMENT OF COMPUTERS; DEPARTMENT OF DEVELOPMENT AND DEPARTMENT OF COMMUNITY DEVELOPMENT.) 20. DEFER CONSIDERATION OF PROPOSED DISCUSSION 50-55 ABOLISHMENT OF PLANNING AND ZONING 11/13/86 BOARDS ADMINISTRATION (CONSOLIDATE WITH BUILDING & ZONING DEPARTMENT.) 21. SECOND READING ORDINANCE: AMEND ORDINANCE 55-56 10087 ("LOBBYING ORDINANCE") — 10181 CLARIFY DEFINITION, ADD LANGUAGE 11/13/86 THERETO AND DELETE LANGUAGE THEREFROM. 22. TEMPORARY DEFERRAL OF PROPOSED DISCUSSION 56-59 SECOND READING ORDINANCE AMENDING 11/13/86 CODE CHAPTER 54 ARTICLE VI ENTITLED "SIDEWALK CAFES." 23. FIRST READING ORDINANCE: ADD NEW FIRST 60-65 CODE SECTION 2-309 — "FINANCIAL READING DISCLOSURE." 11/13/86 0 0 24. FUND VARIOUS COMMUNITY CULTURAL DISCUSSION EVENTS. (MIAMI CITY BALLET; CALLE 11/13/86 OCHO; FIESTA RY THE BAY; THREE KINGS FARADF ! SLrIaSTREFT FESTIVAL, AND GOOMPAY) (SET L.A.FFI. {f28). 2S. BRIEF III SCUSSJON ANT) TEMPORARY DISCUSSION DEFERRAL OF rPOPOSFT) AWARD OF BID 11/13/86 TO GREATER t-;IAMI CATERERS, INC. FOR FURNISHING MEALS TO CITY'S DAY CARE AND PRESCHOOL PROGRAMS. (SEE LABEL # 2 7 ) . 25.1 PRESENTATIONS, PLAQUES & SPECIAL PRESENTED ITEMS. 11/13/86 26. ACCEPT F. P 6 L. DONATION OF A VAN M-86-915 FOR FIGHTING CRIME. 11/13/86 27. CONTINUED CONSIDERATION OF R-86-916 RESOLUTION AWARDING BID FOR 11/13/86 FURNISHING MEALS TO CITY'S DAY CARE CENTERS AND PRESCHOOL PROGRAMS (AWARD TO: GREATER MIAMI CATERERS INC.) (SEE LABEL 4725) 28. DISCUSSION REGARDING PROPOSED FIRST M-86-917 READING ORDINANCE. ALLOCATE 11/13/86 $250,000, FROM SPECIAL PROGRAMS AND AMOUNTS, TO EQUALLY FUND SIX COMMUNITY CULTURAL EVENTS. (DISCUSSION CONTINUED — SEE LABEL #24). 29. FIRST READING ORDINANCE: ESTABLISH FIRST NEW SPECIAL REVENUE FUND: UNSAFE READING AND BLIGHTED STRUCTURE DEMOLITION 11/13/86 REVOLVING TRUST FUND." 30. ACCEPT CITY CLERK'S CERTIFICATION R-86-918 AND DECLARATION OF THE RESULTS OF 11/13/86 THE SPECIAL MUNICIPAL ELECTION OF NOVEMBER 4, 1986. 31. RATIFY EMERGENCY PURCHASE FROM R-86-919 WORLD PRINTING INC.: PRINTING OF 11/13/86 "MIAMI—THE STATE OF THE CITY 1986." 32. RATIFY EMERGENCY PURCHASE FROM R-86-920 RIECO MIAMI INC.: FOUR (4) 11/13/86 AUTOMATIC HYDRAULIC LIFTS FOR MOTOR POOL SHOP. 33. RATIFY EMERGENCY PURCHASE RAINBOW R-86-921 DODGE: SEVENTY FIVE (75) POLICE 11/13/86 PATROL CARS AND RELATED ACCESSORIES. 34. APPROVAL OF CITY'S CAPITOL R-86-922 IMPROVEMENT PROGRAM 1986-1992 IN 11/13/86 PRINCIPLE TO PROVIDE GUIDELINFS FOR CITY AGENCIES, BOARDS AND DEPARTMENTS. 35. FIRST READING ORDINANCE: ESTABLISH FIRST APPROPRIATIONS FOR CITY CAPITAL READING IMPROVEMENTS. 11/13/86 36. ACCEPTING OF BID: P.N.M. R-86-923 CORPORATION FOR DINNER KEY MARINA — 11/13/86 PAVING AND LANDSIDE UTILITIES. 66-11 17-61 82 82-83 84-93 93-98 98-99 99-100 101-102 102-103 103-105 105-107 107-108 . 108-111 11 i 37. FUNDING OF COCONUT GROVE CARES M-86-924 112-117 BOXING PROGRAM FOR PURPOSES OF 11/13/86 WINDING DOWN SAIP PROGRAM, 38. DESIGNA.TING ANfi AFFOINTING TWO R-86-925 11.8-119 INDIVIDUALS TO SFP.VF AS DIRECTORS 11/13/86 OF BATSIDF MINOR-ITY FOITIJDATION FOR PURPOSES OF CRFAT7NG A LOAN GUARANTY FRC�GFAH, 70 P',INORITY BUSINESSES, CREATION OF A VOCATIONAL. FUND FOR MINORITIES S PROVIDING TECHNICAL- ASSISTANCE TO LOCAL C.D.C.'S. 39. GRANTING REQUEST FROM M-86-926 120-121 REPREsFNTATIVFS OF THE CARIBBEAN 11/13/86 BASIN INTERNATIONAI. C014FERE14CE FOR USE OF THE PARKING AREA IN FRONT OF HOTEL INTERNATIONAL MIAMI. 40. APPOINTMENT OF TWO MEMBERS TO THE R-86-927 121-122 BOARD OF TRUSTEES OF THE: CITY OF 11/13/86 MIAMI FIREFIGHTERS AND POLICL OFFICERS RETIREMENT TRUST. 41. SOLICITATION OF BIDS IN CONNECTION M-86-920 122-123 WITH AWARD OF CONTRACT FOR CITY 11/13/86 HALL LOBBY RENOVATIONS. 42. SOLICITATION OF BIDS IN CONNECTION M-86-929 123-124 WITH AWARD OF CONTRACT FOR CHAMBER 11/13/86 LIGHTING AND CEILING. 43. CONFIRMING ORDERING RESOLUTION: R-86-930 124 ADVERTISE FOR SEALED BIDS-FAIRLAWN 11/13/86 SOUTH SANITARY SEWER IMPROVEMENT (DISTRICT SR-5515-C) 44. INCREASE CONTRACT AMOUNT WITH R-86-931 125-126 P.N.M. CORPORATION FOR 11/13/86 CONSTRUCTIONS OF ALLAPATTAH INDUSTRIAL AREA HIGWAY IMPROVEMENT - PHASE II. 45. WAIVER OF REQUIREMENTS AND R-86-932 126-127 PROHIBITION FOR ALBERTA B. COOPER 11/13/86 (CITY EMPLOYEE), TO PARTICIPATE IN THE CITY'S HOME RENOVATION AND REHABILITATIVE PROGRAM. 46. WAIVER OF REQUIREMENTS AND R-86-933 127-128 PROHIBITION FOR PERMON ANDERSON 11/13/86 (CITY EMPLOYEE) TO PARTICIPATE IN CITY'S HOME RENOVATION AND REHABILITATION PROGRAM. 47. GRANTING REQUEST FOR ENDORSEMENT M-86-934 128-129 TO BRICKELL AREA ASSOCIATION FOR 11/13/86 BRICKELL AREA ASSOCIATION FOR BRICKELL MEDIAN HOLIDAY EVENT. 48. ALLOCATE AN AMOUNT NOT TO EXCEED M-86-935 129-130 $5,000 (IN KIND CONTRIBUTION) FOR 11/13/86 { 1987 GREATER MIAMI ANNUAL aILLFISH TOURNAMENT. 49. DEFER CONSIDERATION OF REQUEST FOR DISCUSSION 131-135 RENOVATION FUNDING IN CONNECTION 11/13/86 WITH BAKEHOUSE ART COMPLEX, INC. El SO. GRANTING FEE WAIVER TO REPRESENTATIVES OF FRATERNIDAD ACCION FUEP70PIQUENA U.S.A? FOR USE OF WATSON ISLAND. Si. REFERRING CONSIDERATION OF REQUEST FOR ASSISTANCE TO NICARAGUANS TO CITY MANAGER, 52. DISCUSSION: POST OFFICE PLAZA PROJECT. 53. POLICE ACTIVITY IN C0001417T GROVE IN WEEKENDS. S4. ACChPTANCE OF LIFE INSURANCE AND LONG TFRM, DISARII,1TY INSURANCE PACKAGE FOR MAYOR AND MEMBERS OF THE CITY COMMISSION. 55. (1)DISCUSSION CONCERNING PROPOSED RELOCATION OF CAMILLUS HOUSE. (B)URGING DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO ADDRESS PROBLEM OF HOMELESS IN DADE COUNTY. 0 M-86-936 136 11/13/86 M-86-937 11/13/86 DISCUSSION 11/13/86 DISCUSSION 11/13/86 M-86-938 11/13/86 DISCUSSION R-86-939 11/13/86 56. APPROVING THE ASSIGNMENT BY F.I.U. R-86-940 OF CITY DONATED SPACE TO THE 11/13/86 BIOMEDICAL RESEARCH AND INNOVATION CENTER FOR ESTABLISHMENT OF BIOMEDICAL RESEARCH PROGRAMS AND INNOVATION CENTER. 131-139 140-151 151-154 154-156 157-169 169-175 57. BRIEF COMMENTS AND TEMPORARY DISCUSSION 175 DEFERRAL OF DISCUSSION CONCERNING 11/13/86 THE RENEWAL OF CITY FUNDS FROM DEPOSITORY BANKS WHICH REFUSE TO FINANCE CITY PROJECTS IN DISTURBED AREAS (ALSO SEE LABEL 060) 58. DISCUSSION OF EXPIRATION OF M-86-941 176-178 CONCESSION CONTRACTS FOR ORANGE 11/13/86 BOWL AND MIAMI STADIUM; ISSUANCE OF REQUESTS FOR PROPOSALS FOR CONCESSION RIGHTS AT THE ORANGE BOWL AND MIAMI STADIUM. 59. PERSONAL APPEARANCE: ANN MARIE DISCUSSION 179-190 ADKER. (A) OVERTOWN JOBS PROGRAM; 11/13/86 (B) OVERTOWN CULTURAL ARTS ASSOCIATION; (C) LEGAL SERVICES. 60. CONTINUED CONSIDERATION OF M-86-942 190-194 DISCUSSION CONCERNING REMOVAL OF 11/13/86 FUNDS FROM DEPOSITORY BANKS WHICH REFUSE TO FINANCE CITY PROJECTS IN DISTRESSED AREAS, REQUESTING CITY ATTORNEY TO LOOK INTO AND REPORT BACK ON SAID ISSUE (ALSO SEE LABEL #57) 61. AUTHORIZE PURCHASE OF ONE PARCEL OF R-86-943 194-195 LAND WITHIN THE SOUTHEAST OVERTOWN 11/13/86 PARK WEST REDEVELOPMENT AREA, & CLOSING ON SAID PARCEL. (ALSO SEE LABEL 615) 62. RESCHEDULING OF SECOND REGULAR R-86-944 195-196 COMMISSION MEETING OF NOVEMBER, 11/13/86 i986. (ALSO SEE LABEL #2) 63. CONFIRMING ORDFRING RESOLUTION: R-86-945 196-2©2 ADVERTISING FOR SEALED BIDS FOR 11/13/86 CONSTRUCTION OF MANOR HIGHWAY IMPROVEMENT - PHASE IV. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA 0- A J 41 i On the 13th day of. NoN-Fr-ber, 1986, the City Commission of Miami, Florida, met at its regular meeting plFce in the City Hall, 3500 Pan American Drive, Miami, Florida in regular se « Son. The meeting was called to order Ft 9:03 O'Clock A.M. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez ALSO PRESENTS Cesar Odio, City Manager 710 Lucia Allen Dougherty, City Attorney Matty Hirai, City Clerk ABSENT: Commissioner Joe Carollo An invocation was delivered by Mayor Suarez who then led those present in a pledge of allegiance to the flag. ------------------------------------------------------------------------------ NOTE FOR THE RECORD: Commissioner Carollo entered the meeting at 9:20 A.M. ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ 1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS Presentation: Presentation to the City of Miami of a check for PRESENTED $120,500 by Mr. Wenzel, Mr. Yuta and Mr. Sella of the Brickell Station Towers Joint Venture, as their contribution to the Affordable Housing Trust Fund. Proclamation: Vicki Wade Day: For her dedicated work in the PRESENTED field of fire prevention. Proclamation: City of Miami Police Department Choir Day: For PRESENTED their involvement in worthwhile community activities which have promoted unity within the Police Department and projected a realistic image of the Miami Police Department. Distinguished Mayors from E1 Salvador: Presented to 27 mayors Visitors: from E1 Salvador who are in Miami to participate PRESENTED in a training course offered by United Schools of America. Certificates Contributors and Supporters of the Miami Police of Department Choir: For their assistance and Appreciation: contributions to this worthwhile community PRESENTED project. ------------------------------------------------------------------------------ f NOTE FOR RECORD: At this point, the minutes of the regular Commission meeting of July 10, 1986, and the Planning and Zoning meeting of June 26, 1986, were unanimously approved. ------------------------------------------------------------------------------ I' IIE I I! 1 November 13, 1986 1) -------------------------------------- --------- ----------------------------- 2. PURCHASE CONSOLE EQUIPMENT FOR CITY'S 800 MHz TRUNKED SYSTEM. (ALSO SEE LABEL 062) ------------------------------------------------------------------------------- Mayor Suarez: ltcm number one. Mr. Odio: Yes, fir. According to the G.S.A. Department, this company has been found to be the sole source of supply for this equipment. This equipment is vital for police, fire, end fire rescue cammuniratians operations, and making possible communication between rescue units Fnd the Jackson Memorial Hospi.t.sl Emergency Room, and providing a way for police and fire units to communic-te Rt special events. Mrs. Kennedy: Tou mean to tell me there was no minority participation? Mr. Odio: This is the only company that provides this equipment. Mr. P1ummmer: Mr. Mayor. Mayor Suarez: Commissioner. Mr. Plummer: I ask(` `.hat this matter be deferred. I thought it was going to be withdrawn, but o.r.ously it's not. Mr. Mayor, this is, to me, an ab:jlute disgrace. We have paid this company, Motorola, $7.1 million dollars to give us a system of 800 u,.ich we recognized from the inception was to be a pilot model, but through their own surveys of this community, this is the system that we paid 7.1 million dollars for. Now, we have a lot of problems with that system, and understandably so, because it is a new kind of system. It's innovative, and it looks to be a great system. But I find it objectionable that this company is now coming back to this City and saying to this City, "You've got to spend another $29,000," after we have already paid them $7.1 million for a system. And I am scared to death that this is going to set a precedent, that every time something happens when we try to pin the feet to the fire and say, "Hey, you guaranteed us a system," they're going to come back and say, "OK, it's another 50, another $100,000," and this will never end. I think that we need to go and to get an expert outside, an outside, independent, totally independent, company to appraise this system. This company, Motorola, is demanding that we go to testing, which starts the guarantee period. And I, for one, and it is strictly my opinion, that this system is not yet complete and ready to operate, and verified by this on the Agenda today - they want another $29,000. Now, I'm asking that this matter be deferred, because I'm telling you that this system is yet to be completed, and I think this is setting an extremely dangerous precedent. Mr. Mayor, let me further state, for the record, as the Agenda item, I have no problem with the headsets; I have no problem with the earpieces, and one other thing - I would only ask that that portion relating to additional $29,000 be deferred, and that this City consider that we get an outside, independent company to come in and tell us whether or not this City is getting its money's worth, because at this point, I don't feel that we are. So, Mr. Mayor, I would move ... I'm sorry - other discussion. Mr. Dawkins: Well, Mr. Plummer, if we bring in an outside firm, and the firm determines that we have not gotten what we paid for - what? Mr. Plummer: Then we don't go to final testing. You see, that's the key. In the contract, there is a clause that says that there is - Ron, is it 30-day testing period? Mr. Odio: Thirty days. Mr. Ron Williams: Yes. Yes. Mr. Plummer: Thirty -day testing period. Once that has started, and been completed, you then go into your warranty, and that's why they want to get this testing started as quickly as possible. Now, we were able - the department was able - to extract from Motorola that if any time during that 30-day testing period, that we put a hold, they would hold. But I'm just concerned that we're setting a precedent, that once they start this idea that something is wrong, that we've go to pay for it, I say is wrong. 2 November 13, 1986 Mr. Dawkins: Mr. Williams. Mr. Williams: Yes, air. Mr. Dawkins: What makes us spend $7.1 million dollars, And then Come up and have to Fdd an additional $30,0007 Why... Mr. Williams: Lrt me... Mr. Dawkins: 3 mean, what in the bid sheet did not cover, for the $7.1 million dollars, whit the $30,000 will purchase? Mr. Williams: 1.,et me, as Commissioner Plummer started, to separate the two issues. 1ssentially, we are talking about the $30,000 divided by $13,000 plus for additional equipment at Jackson Memorial Trauma Center, and the $16,000, which _.,e Commissioner indicated he had no problem with, is additional needs that we have, that will give us the ability to have sound -deafening earpieces, headphones, #nd consolettes that will do some things that we presently do not have the capability to do. But back to the principal concern the Commissioner has - the $13,969 is proposed to add a repeater amplifier at the Jackson Memorial Trauma Center, in order that we can communicate, or the rescue units can communicate, with that facility when they're making a run with a patient. Now, the reason... Mr. Plummer: Which was known at the time of the R.F.P., that there was a problem existing with Jackson Hospital. That's been a known factor for ysars. Mr. Williams: Let me say this. They changed the rescue center during the time that the system was implemented. What essentially happened, because of hospital regulations, they went to extensive shielding, both below, in the ceiling and in the walls, to make sure that they could shield out, away from others, that is, the X-ray and radiation. The Trauma Center essentially moved during that period of time, and based on the new environment within the Trauma Center, we're having a very difficult time communicating with them there. This $13,000 is proposed to completely eliminate that problem. It was a noncontract item - it is proposed at this point as a noncontract item - because we did not know at the time the full makeup of that new Trauma Center. Mr. Dawkins: Second the motion. Mayor Suarez: Moved and seconded. It sounds like we }night all use some additional information and consultation on this, so, I have no problem with the motion to defer the item. Chief, are you going to... Chief K. E. McCullough: I have no problem with holding Motorola's feet to the fire, if we ever expect to accomplish good communications with the hospital. The problem that we face, though, is our paramedics in the field are only able to communicate intermittently with the physicians in the hospital, which deteriorates our emergency medical system, and that's a key element, conversing with the physician, and it is very poor at this time. What's it worth to pay the money and get it fixed, and then sue them? You know, I don't know, but we've got a real, a genuine problem. Mrs. Kennedy: What is the soonest that you can get an assessment and come back to us - by the next... Mr. Plummer: Next meeting. Mrs. Kennedy: ...next Commission meeting? Mr. Plummer: Sure. Mayor Suarez: We can put it over to the Planning and Zoning agenda meeting at the end of the month. Mr. Plummer: That's fine. Mrs. Kennedy: Shall we do that? Mr. Williams: OK. Let me just add that the system does not provide for 100 percent coverage as it is. There are probably other types of situations where 3 November 13, 1986 d we can't communicate. But again, we can come back at the next meeting. Let me just clarify something. Commissioner, are you saying that you will not defer the portion on the additional equipment? Mr. Plummer: No. The additional equipment, I have no problem with. Mr. Williams: OK,... Mr. Plummer: It's necessary. Mr. Williams: That is a total of $16,000 and what? (INAUDIBLE REFLY) Mr. Williams: OK. We're deferring $13,969. Mayor Suarez: Do you want to... let's take a vote on deferring the rest of it, and then can you phrase that and ... frame that in the form of an ordinance on the other portion? Mr. Plummer: Mr. Mayor, I'd rather come back to you, as far as an independent outside company, at the next meeting. Mrs. Dougherty: Do you wantto have a time certain... Mr. Plummer: To do a study. Mrs. Dougherty: Time certain so that p•..,lic hearing... Mr. Plummer: Nine o'clock on the next meeting. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-872 A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF CONSOLE EQUIPMENT AND ASSORTED EQUIPMENT FOR USE IN THE CITY'S 800 MHz TRUNKED SYSTEM FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A PROPOSED COST OF $15,928.00; ALLOCATING FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. r 4 November 13, 1986 ---------------------------------------------------------------------------- 3. PURCHASE FOUR GAS -INFRA -RED ANALYZERS AND RELATED SUPPLIES FOR COMPUTERS. ------------------------------------------------------------------------------ Mayor Suarez: Item 2. Mr. Dawkins: Move it. Mayor Suarez.: Moved. Mrs. Y.ennedy: Second. Mayor Suarez: Moved and seconded. Any discussion on Item 27 Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-873 A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVF. SEALED BIDS AND APPROVING THE PURCHASE OF ONE (1) FOUR GAS INFRA -RED ANALYZER A14D RELATED SUPPLIES FOR CONVERTING AN EXISTING BEAR ENGINE ANALYZING COMPUTER AT THE MOTOR POOL MAIN SHOP FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A PROPOSED COST OF $9,870.00; ALLOCATING FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO I14STRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, they resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 4. CONSENT AGENDA Mayor Suarez: Items 3 through 45 comprise the Consent Agenda. Commissioners, want to remove any items? Mr. Plummer: I request that Items 15, 22, 23, 37, and 44 be withdrawn for further discussion. Mr. Dawkins: Ten, 14, 37, 40, and 44. Mr. Carollo: OK, I have a couple of questions. I don't really ... don't need to withdraw any items. On 10, which is one of the ones Commissioner Dawkins mentioned, who is this Real Estate Research Corporation? Who are the owners? Mr. Odio: Which one was it, Commissioner Dawkins? 5 November 13, 1986 Mayor Suarez: On Item 1.0, Commissioner Carollo is asking. Mr. Herbert Palley: Commissioner, Real Estate Research is a nationally recognized firm of Chicrgo. They have been performing appraisal work in the City for quite romp time. ThFy'vF done the preliminary work in the Overtown area for the npprPisal nf the proprrt ips that we have acquired in the Park West side. Thp c.entrpct did call for Pddit.ionpl work, and we are asking at this time thFt t.hFt F-7r)t be prat'iced to t_hFm. Mr. Cather: CST;, I underptpnd whet you're saying, Mr. Bailey. I'm just curious who the ownerF are, if you could provide that to us. If you have a list of the... Mayor Suarez: Do you know who the principals are? Mr. Bailey: I, I don't know - Matt? (INAUDIBLE REPLY) Mr. Bailey: It's a corporation. We can get the corporate organization for you, but it's a national corporation. Mr. Carollo: If you could do it, I'd appreciate it. Mr. Bailey: All right. Mr. Carollo: Number 15, I'd like to pull that out... Mr. Plummer: Likewise. Mr. Odio: It's been pulled. Mrs. Kennedy: I don't have any today. Mr. Odio: Which one did Commissioner Dawkins pull? Mayor Suarez: Any more, Commissioner Carollo? Mr. Carollo: Nope. Mr. Plummer: Dawkins pulled 14, 15, 37, and 44. Mr. Odio: Oh well, that's the same as you. 1 Mayor Suarez: And 42. Right, Commissioner? '1 Mr. Dawkins: Yes. ' Mr. Plummer: And 42? Mayor Suarez: No, 40. Mr. Dawkins: No, 40 — 40. Mr. Dawkins: Four zero. Mayor Suarez: Yes. So, we've got 10, 14, 15, 22nd, 23rd, 37th, 40th, and 44th items pulled out. Mr. Odio: Ten was not pulled, right? Mayor Suarez: I think so, because Commissioner Plummer... Dawkins wanted it, in addition to Commissioner Carollo's clarification. Mr. Odio: Oh. Mayor Suarez: Or if you're not satisfied with the answers OK, leaving out Items 15, 22, 23... Mr. Plummer: Move the Consent Agenda. 6 November 13, 1986 Mrs. Kennedy: Second. Mr. Carollo: Second. Mayor Suarez: Fourteen, 10, 37, 40, and 44. Is there anyone that wishes to be heard for or rgainst any of the items on the Consent Agenda? Mr. I.,ovis R. Cr-rrprnilF: Mr. Mayor. Mayor Suarez: Tes, sir. We have a motion and a second to accept the Consent Agenda, leaving those items out. Tes, sir. Mr. Ca.mpaniiF: I'd Like to speak on item no. 36. Mayor Suarez: OK. Mr. Campanile: My name is Louis R. Campanile, of Campanile and Associates. Mr. Plummer: Well, wait. Whoa, whoa, whoa, vhoa. So we just withdraw it. Now, let's get the Consent Agenda passed. Mayor Suarez: All right, why don't we just leave your item out. We'll leave that out and we'll take it up separately. Mr. Odio: Whet's this item? Mr. Campanile: OK. Mayor Suarez: Sir? The same item? UNIDENTIFIED SPEAKER: the same item. Mayor Suarez: OK. Is there anyone else that wishes to be'heard on any of the items in the Consent Agenda? As previously stated, Items 3 through 45, leaving out the items that I have previously stated, and in addition leaving out Item 36. Let the record reflect that no one has stepped forward. We can proceed to a vote on the Consent Agenda. Thereupon, the City Commission on motion introduced by Commissioner Plummer, seconded by Commissioner Carollo, adopted the following resolutions by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez i i NOES: None. 1 ABSENT: Commissioner Joe Carollo 4.1 APPROVE A ONE (1) YEAR EXTENSION OF EMPLOYMENT FOR RUBEN GONZALEZ, DEPARTMENT OF PERSONNEL MANAGEMENT. RESOLUTION NO. 86-874 A RESOLUTION APPROVING A ONE (1) YEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF 72 FOR RUBEN GONZALEZ, CLERK I, DEPARTMENT OF PERSONNEL MANAGEMENT, EFFECTIVE SEPTEMBER 10, 1986, THROUGH SEPTEMBER 9, 1987, WITH THE PROVISION THAT IN THE EVENT OF A ROLL BACK OR LAYOFF, RUBEN GONZALEZ' PHYSICAL CONDITION SHALL BE REEVALUATED TO DETERMINE IF HIS CONDITION IS SATISFACTORY FOR CONTINUED EMPLOYMENT; FURTHER PROVIDING THAT ALL FUTURE REQUESTS FOR EXTENSION OF EMPLOYMENT BE BROUGHT BEFORE THE COMMISSION ' ON A YEARLY BASIS FOR ITS REVIEW. i' (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) - 7 November 13, 1986 4.2 At,LOCATE FUNDS FOR COCONUT GROVE WAITERS RACE AND TASTE OF THE GROVE rOOD FESTIVAL; AUTHORIZE STREET CLOSURES. RESOLUTION NO. 86-875 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $4,500 FROM SPECIAL FP,OGRIJIS fxD ACCOUNTS, CONTINGENT FUND, TO COVER THE COST OF CSTi' SFRvIC1-.S AND FEES IN SUPPORT OF THE COCONUT GROVE WAITERS RACE A►�P THE` TASTE OF Th'E GROVE FOOD FESTIVAL TO BE CONDUCTED BY COCONUT GPO 7 MARKETING INC. ON NOVEMBER 23, 1986 AND JANTILIARY 18, 19F1, RESPECTIVELY; AUTHORIZING THE CI_.OStTRE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE 7SSUANCE OF ALL, PERMITS REQUIRED BY LAW; SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI, INCLUDING ASSURANCES THAT THE CITY WILL BE INSURED AGAT14ST A1dY POTENTIAL, LIABILITY AND THAT THE ORGANIZERS WILL PAY FOR ALI, OTHER COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.3 AUTHORIZE ONE -DAY PEP341T TO SELL BEER AND WINE AT SUNSTREET PARADE; AUTHORIZE STREET CLOSURES. RESOLUTION NO. 86-876 A RESOLUTION CONCERNING THE SUNSTREET PARADE TO BE HELD DECEMBER 6, 1986; AUTHORIZING A ONE -DAY PERMIT TO SELL BEER AND WINE IN CONNRCTION WITH SAID EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER AUTHORIZING THE CLOSURE OF CERTAIN STREETS TO THRC"GH VEHICULAR TRAFFIC DURING SAID EVENT; SAID STREET CLOSURES SUBJECT TO STATE APPROVAL A14D THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES, AND ASSURANCES THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY; SAID AUTHORIZATION SUBJECT TO THE ORGANIZERS PAYING FOR ALL COSTS OF CITY — SERVICES ASSOCIATED WITH SAID EVENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.4 1986 BANYAN FESTIVAL: AUTHORIZE STREET CLOSURES; ESTABLISH TEMPORARY PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL PEDDLERS. RESOLUTION NO. 86-877 A RESOLUTION AUTHORIZING THE CLOSURE OF CERTAIN STREETS TO THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A TEMPORARY PEDESTRIAN MALL AND AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE SCHEDULED HOURS OF THE 1986 BANYAN FESTIVAL SPONSORED BY THE COCONUT GROVE CHAMBER OF COMMERCE TO BE HELD NOVEMBER 15 AND 16, 1986 IN COCONUT GROVE AND IN THE CITY'S PEACOCK PARK; SAID STREET CLOSURE SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE - RESCUE; FURTHER SUBJECT TO AND CONTINGENT UPON SAID ORGANIZATION'S COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.5 AUTHORIZE AGREEMENT WITH LATIN CHAMBER OF COMMERCE, INC., TO SUPPORT 1986-87 PERMANENT SECRETARIAT OF HEMISPHERIC CONGRESS OF LATIN CHAMBERS OF COMMERCE AND INDUSTRY - $91,500. November 13, 1986 RESOLUTION NO. 86-878 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTAPLE, TO THE CITY ATTORNEY, WITH THE LATIN CHAaMBF.P OF COM1!EPCE, JwC. , FOR THE FL?RFOSE OF FINANCIALLY SiiFFORTIF'C- T1HF 39P.F-@7 FPOCRAM OF ACTIVITIES OF THE FFRMA!TNT SFCFFTAFIAT OF TT-7' FE►r1SFHFRIC CONGRESS OF LATIN Cfil,",FFRS OF COfn'57.PCF A") 3t,t}U57RY 314 THE AMOUNT OF $91 , 500; F'ITH SATD nh,,p; AF'FROFRIATLD 313 THE CITY'S 1986-87 FISCf:L, YEAR FITDCFT. (Here follows body of resolUtion, omitted here and on file in the Office of the City Clerk.) 4.6 AUTHORIZE AGREEMENT WITH INTFRNATIONAI., HEALTH COUNCIL, If— , TO SUPPORT SAID ORGANIZATION - $50,000. RESOLUTION 140. 86-879 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE INTERNATIONAL HEALTH COUNCIL, INC. FOR THE PURPOSE OF FINANCIALLY SUPPORTING THE 1986-87 PROGRAM OF ACTIVITIES OF SAID ORGA141ZATIO14 IN THE AMOUNT OF $50,000; WITH SAID FUNDS APPROPRIATED IN THE CITY'S 1966-87 FISCAL YEAR BUDGET. (Here follows body of resolution, omitted here and on file in the Office of. the City Clerk.) 4.7 AUTHORIZE AGREEMENT WITH ST. JOH14 LOCAL DEVELOPMENT CORPORATION TO CONTINUE DEVELOPMENT EFFORTS IN THu OVERTOW14 COMMERCIAL DISTRICT. RESOLUTION NO. 86-880 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE ST. JOHN LOCAL DEVELOPMENT CORPORATION, FOR THE PURPOSE OF MAINTAINING THE CONTINUITY OF ECONOMIC DEVELOPMENT EFFORTS IN THE OVERTOWN COMMERCIAL DISTRICT IN ACCORDANCE WITH THE ATTACHED STATEMENT OF MANAGEMENT OBJECTIVES ALLOCATING FUNDS THEREFOR FROM TWELFTH (12TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) i 4.8 AUTHORIZE PERMIT TO ALLOW BARRY SHARPE TO REMAIN AS PROPERTY MANAGER AND TO COLLECT RENTALS ON PROPERTY PURCHASED FROM HIM BY CITY OF MIAMI, FOR SIX-MONTH PERIOD. RESOLUTION NO. 66-881 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE USE PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH BARRY SHARPE, ALLOWING HIM TO REMAIN AS PROPERTY MANAGER AND CONTINUE TO COLLECT RENTALS FROM TENANTS ON PROPERTY PURCHASED FROM HIM BY THE CITY OF MIAMI, AS LEGALLY DESCRIBED IN EXHIBIT A. FOR A PERIOD NOT TO EXCEED SIX (6) MONTHS, CONTINGENT UPON THE FOLLOWING CONDITIONS AS CONTAINED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.9 SYMPATHY AND CONDOLENCES EXPRESSED UPON DEATH OF EDWARD J. FITZPATRICK, FORMER LONG-TIME STAFF MEMBER IN CITY ATTORNEY'S OFFICE. W_ 9 November 13, 1986 RESOLUTION NO. 86-882 A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCERE CONDOLENCES OF THE. CITY CO?3m7SS70N ON BEHALF OF THE CITY OF MIAMI AND ITS C77I7F117F TO THE FA►'II.Y AND FRIENDS OF EDWARD J. FIT7.FATRICV, FOF'FR I­Oh'C-71?'F MF;NfRER ON THE STAFF OF Th`F CITY ATTOF17Y'S OTTICF OF THE CITY OF MIAMI, FLORIDA, TTFOf,' I3IS TF.ATH. (Here follows h06y of TFsOIUtiOn, omitted here and on file in the Office of the City ClerY..) 4.10 SYMPATHY AND CONDOLENCES EXPRESSED UPON DEATH OF EUGENE BARRAUS, MIAMI WASTE COLLECTOR. RESOLUTION NO. 86-883 A RESOLUTION EXPRESSING THE 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 CITY OF MIAMI WASTE COLLECTOR EUGENE BARRAUS UPON HIS TRAGIC DEATH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.11 AUTHORIZE LEGAL PROCEEDINGS AGAINST T & R STORE FIXTURES, INC., AND/OR ITS PROPRIETORS, AJdTONIO AND REYNALDO HECHAVARRIA, FOR FAILURE TO REMOVE ITSELF FROM CITY -OWNED PROPERTY. RESOLUTION NO. 86-884 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE AND MAINTAIN LEGAL PROCEEDINGS AGAINST T & R STORE FIXTURES, INC. A/K/A T & R PROPERTIES, INC. (COLLECTIVELY "T & R") AND/OR ITS PROPRIETORS, ANTONIO AND REYNALDO HECHAVARRIA IN C01INECTION WITH ALL REMEDIES AVAILABLE TO THE CITY OF MIAMI REGARDING THE FAILURE OF T & R TO REMOVE ITSELF FROM CITY -OWNED REAL PROPERTY LOCATED IN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA OF THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.12 AUTHORIZE NEGOTIATIONS FOR ACQUISITION OF "MAX BAUER PARCEL" (N.V. 2ND '. AVENUE AND N.W. 5TH STREET). RESOLUTION NO. 86-885 A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF THE PARCEL OF LAND LOCATED ON NORTHWEST SECOND AVENUE AND NORTHWEST FIFTH STREET COMMONLY KNOWN AS THE "MAX BAUER PARCEL". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.13 AUTHORIZE OFFER FOR ACQUISITION OF TWO PARCELS (10 AND 11) WITHIN OVERTOWN COMMUNITY DEVELOPMENT TARGET AREA FOR LOW AND MODERATE INCOME HOUSING; AUTHORIZE CLOSINGS; ALLOCATE $1,000,000. 10 November 13, 1986 RESOLUTION NO. 86-886 A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE OFFERS TO PROFERTY OWNERS FOR ACQUISITION OF TVO PARCELS (PARCELS 10 AND 11) VJTHTN THE OVEP TOV74 COMMUNITY DEVELOPMENT TARGET AREA AND WHICH IS FORE FARTJCIIJ_.AF1_.Y AND LEGALLY DESCRIBED IN THE ATTACHED EYHIFITS A A►,D F,, TO PE USED FOR THE DEVELOPMENT OF HOUSJNC.= AFFORDAT~LF TO LOB' A14 VODERA.TE INCOME FAMILIES; FURTHER AUTHORJZIIJG AND DIRECTING THE CITY ATTORK Y TO PROCEED TO CLOSE ON THESE PARCELS AFTER EXAMINATION] OF THE ABSTRACT AND CONFIRMATION OF OPINION OF TITLE; FURTHER ALLOCATING PREVIOUSLY APPROPRIATED 11TH YEAR COMMUNITY DEVELOPMENT LA.JJD ACQUISITION FUNDS IN THE AMOUNT OF $1,000,000 TO COVER THE COST OF SAID ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.14 AUTHORIZE NEGOTIATION FOR ACQUISITION OF PROPERTY AT 2610 N.W. 25TH AVENUE, MIAMI, FOR DEVELOPMENT OF LOW AND MODERATE INCOME HOUSING; AUTHORIZE CLOSING. RESOLUTION NO. 86-887 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE PROPERTY OWNER FOR ACQUISITION OF REAL PROPERTY LOCATED AT 2610 N.W. 25TH AVENUE IN THE CITY OF MIAMI, LEGALLY DESCRIBED AS THE SOUTH 20 FEET OF LOT 2, AND NORTH 20 FEET OF LOT 3, BLOCK 2 OF GROVELAND, AS RECORDED IN PLAT BOOK 11 AT PAGE 54 OF DADE COUNTY PUBLIC RECORDS; TO BE USED FOR THE DEVELOPMENT OF AFFORDABLE HOUSING FOR LOW AND MODERATE INCOME FAMILIES; FURTHER AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO PROCEED TO CLOSE ON THE SAID PROPERTY AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF OPINION OF TITLE, SAID ACQUISITION COSTS TO BE PROVIDED FROM THE GENERAL OBLIGATION HOUSING BOND FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.15 BID ACCEPTANCES - H & C MAINTENANCE - $6,072.00; ROBERT BROWN BUILDING MAINTENANCE - $7,200.00; INDUSTRIAL BUILDING MAINTENANCE - $60,720.00; SUPERIOR BUILDING MAINTENANCE - $11,040.00 - CUSTODIAL SERVICES FOR ONE YEAR, DEPARTMENT OF GENERAL SERVICES ADMINISTRATION - TOTAL COST OF $85,032.00. RESOLUTION NO. 86-888 A RESOLUTION ACCEPTING THE BIDS OF H & C MAINTENANCE AT A PROPOSED COST OF $6,072.00, ROBERT BROWN BUILDING MAINTENANCE AT A PROPOSED COST OF $7,200.00, INDUSTRIAL BUILDING MAINTENANCE AT A PROPOSED COST OF $60,720.00 AND SUPERIOR BUILDING MAINTENANCE AT A PROPOSED COST OF $11,040.00 FOR FURNISHING CUSTODIAL SERVICES TO VARIOUS CITY BUILDINGS ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $85,032.00; ALLOCATING FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET; AUTHORIZING 'HE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.16 BID ACCEPTANCE - RESEARCH IRRIGATION, INC., FOR LABOR AND MATERIALS FOR PUMPING STATION AT MIAMI SPRINGS GOLF COURSE, DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES - $36,578.00. 11 November 13, 1966 RESOLUTION NO. 86-889 A RESOLUTION ACCEPTING THE BID OF RESEARCH IRRIGATION, INC. FOR FURNISHING LAPOR AND MATERIALS FOR INSTALLATION OF A PUMPING STATION A7 THE. tSJA►;I SPRINGS GOLF COURSE TO THE DEPARTMENT OF PARKS, FTCF,FA 7 1ON AND PUBLIC FACILITIES AT A TOTAL TF01`0SFT) COS7 OF S36,478.00; ALLOCATING FUNDS THEREFOR FPO! COtJRSF. FNTTFRFFJ E FUND; AUTHOR171 NG THE CITY mtNAC'FR TO INSTRUCT THE CHIEF PROCUREMENT OFF J CF:R 710 J S SITF A FTTRCHA SF ORDER FOR THIS EQUIPMENT. (Here follows body of rFsol1.=tion, omitted here and on file in the Office of the City Clerk.) 4.17 BID ACCEPTANCES - RIwCAY'NE FIRE EQUIPMENT CO. - $11,877.60; MUNICIPAL EQUIPMENT CO. - $1,931,.00; SINI)FOFD FIRE APPARATUS CO. - $1,908.00 FOR FURNISHING NOZZLES AND RELATED SUPFLIFS TO DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES - TOTAL PROPOSED COST $15,719.60. RESOLUTION NO. 86-890 A RESOLUTION ACCEPTING THE BIDS OF BISCAYNE FIRE EQUIPMENT CO. AT A PROPOSED COST OF $11,877.60, m,;iCIPAL EQUIPMENT CO. AT A rROI'OSED COST OF $1,934,00, AND SANDFORD FIRE APPARATUS CO. AT A PROPOSED COST OF $1,908.00 FOR FURNISHING NOZZLES AND RELATED SUPPLIES TO THE DEPARTMENT OF FIRE, RESCUE AND INSPECTIO14 SERVICES AT A TOTAL PROPOSED COST OF $15,719.60; ALLOCATING FUNDS THEREFOR FROM THE 1981 FIRE BOND FUND; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.18 BID ACCEPTANCE - AMERICAN CARPET & INTERIORS, INC. FOR FURNISHING RUBBER COVE BASE AND ADHESIVE TO DEPARTMENT OF GENERAL SERVICES ADMINISTRATION - $7,166.80. RESOLUTION NO. 86-891 A RESOLUTION ACCEPTING THE BID OF AMERICAN CARPET & INTERIORS, INC. FOR FURNISHING RUBBER COVE BASE AND ADHESIVE TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $7,166.80; ALLOCATING FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE MATERIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.19 BID ACCEPTANCE - TREE MASTERS, INC., FOR DEMOLITION OF STRUCTURE AT 5770 N.W. 15TH AVENUE, TO DEPARTMENT OF BUILDING AND ZONING - $11,444.00. RESOLUTION NO. 86-892 A RESOLUTION ACCEPTING THE BID OF TREE MASTERS, INC., FOR DEMOLITION OF STRUCTURE LOCATED AT 5770 N.W. 15TH AVENUE TO THE DEPARTMENT OF BUILDING AND ZONING AT A TOTAL PROPOSED COST OF $11,444.00; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT PROGRAM, PROPERTY ACQUISITION BY THE HOUSING CONSERVATION AND DEVELOPMENT AGENCY; 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.) 12 November 13, 1986 4.20 BID ACCEPTANCE - OCEAN BAY CONSTRUCTION, INC. FOR FORT DALLAS PARK PLAZA - PHASE II - $326,801.00 (ALTERNATE BASE BID). RESOLUTION NO. 86-893 A RESOLUTION ACCFFT7NG THE RID OF OCEAN BAY CONSTRUCTION, INC. IN THE FPOFOSFD A►101n,T OF S326,F01.00, ALTERNATE BASE BID OF THE FPOFOSAI•, FOP FOPT DALLAS PARK PLAZA - PHASE II; WITH MONIES TH-FRTTOR A.11OCATED FROM "FORT DALLAS PARK DEVELOPMENT'' ACCOLriJT IN Tfir AMOUNT OF S326,801.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTPACT F'ITH SAID FIF►j. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.21 RESCINDING AWARD OF BID TO SOUTHEASTERN CONCRETE FLOOR, INC. RESOLUTION' NO, 86-894 A RESOLUTION RESCINDING RESOLUTION NO. 86-351, ADOPTED MAY 7, 1986, WHICH AUTHORIZED THE CITY MANAGER TO EXECUTE A CONTRACT WITH SOUTHEASTERN CONCRETE FLOOR, INC., IN THE AMOUNT OF $1,268,987.60 FOR NORTH RIVER DRIVE. HIGHWAY 7 IMPROVEMENT; REJECTING ALL BIDS RECEIVED MARCH 18, 1986 IN CONNECTIO14 WITH SAID PROJECT; AND FURTHER AUTHORIZING THE CITY MANAGER TO READVERTISE FOR NEW BIDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.22 RESCINDING AWARD OF BID TO E. SANS & ASSOCIATES, INC. RESOLUTION NO. 86-895 A RESOLUTION RESCINDING RESOLUTION NO. 86-533, ADOPTED JULY 10, 1986, WHICH AUTHORIZED THE CITY MANAGER TO EXECUTE A CONTRACT WITH E. SANS & ASSOCIATES, INC., IN THE AMOUNT OF $43,380.00 FOR CITYWIDE SANITARY SEWER REPLACEMENT PROJECT - WYNWOOD; REJECTING ALL BIDS RECEIVED JUNE 24, 1986 IN CONNECTION WITH SAID PROJECT; AND FURTHER AUTHORIZING THE CITY MANAGER TO READVERTISE FOR NEW BIDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.23 RESCINDING AWARD OF BID TO OCEAN BAY CONSTRUCTION, INC. (FOR PHASE I). RESOLUTION NO. 86-896 A RESOLUTION RESCINDING RESOLUTION NO. 86-589, ADOPTED JULY 10, 1986, WHICH AUTHORIZED THE CITY MANAGER TO EXECUTE A CONTRACT WITH OCEAN BAY CONSTRUCTION, INC., IN THE AMOUNT OF $84,995.00 FOR FORT DALLAS PARK PLAZA - PHASE I; REJECTING ALL BIDS RECEIVED JUNE 17, 1986 IN j CONNECTION WITH SAID PROJECT; AND FURTHER AUTHORIZING THE CITY MANAGER TO READVERTISE FOR NEW BIDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.24 PERMIT SALE OF ALCOHOLIC BEVERAGES ON SU14DAYS IN DECEMBER, 1986. RESOLUTION NO. 86-897 A RESOLUTION PERMITTING THE SALE OF ALCOHOLIC BEVERAGES BY LIQUOR PACKAGE STORES, NOT FOR CONSUMPTION ON THE PREMISES (N.C.O.P.), ON ALL SUNDAYS DURING THE MONTH OF DECEMBER, 1986, DURING THE HOURS OF 10:00 A.M. THROUGH 10:00 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 13 November 13, 1986 4.25 ORDERING RESOLUTION - EAST LITTLE HAVANA HIGHWAY IMPROVEMENT - PHASE Il H-4528. RESOLUTION NO, 86-898 A RESOLUTION ORDERING EAST LITTLE HAVANA HIGHWAY IMPROVEMENT -PHASE IT H-h52S AND DESIGNATING THE PROPERTY AGAINST WHICH SFECIAI., ASSF..SSt;ENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS EAST LITTLE HAVANA HIGHWAY IMPROVEMENT DISTRICT -PHASE 17 H--h528. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.26 ACCEPT COMPLETED WORK OF FRANK J. MORAN - $274,029.80 - CURTIS PARK SPORTSFIELD LIGHTING. RESOLUTION NO. 86-899 A RESOLUTION ACCEPTING THE COMPLETED WORK OF FRANK J. MORAN AT A TOTAL COST OF $274,029.80 FOR CURTIS PARK SPORTSFIELD LIGHTING; AUTHORIZING AN INCREASE IN NOVEMBER 12, 1985 CONTRACT WITH FRANK J. MORAN FOR SAID WORK IN THE NET AMOUNT OF $4,939.80 AND AUTHORIZING A FINAL PAYMENT OF $6,941.15. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.27 AMEND ASSESSMENT ROLL - CITYWIDE SANITARY SEWER IMPROVEMENT DISTRICT - 1981 SR-5476C. RESOLUTION NO. 86-900 A RESOLUTION AMENDING THE ASSESSMENT ROLL FOR CONSTRUCTION OF CITYWIDE SANITARY SEWER IMPROVEMENT - 1981 IN CITYWIDE SANITARY SEWER IMPROVEMENT DISTRICT - 1981 SR-5476C BY CORRECTING THE LEGAL DESCRIPTION OF A CERTAIN PARCEL OF LAND AS DESCRIBED IN SAID ASSESSMENT ROLL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.28 AUTHORIZE ACCEPTANCE OF 17 DEEDS OF DEDICATION FOR HIGHWAY PURPOSES. RESOLUTION NO. 86-901 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT SEVENTEEN (17) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING THE RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.29 ALLOCATE $10,000 TO ASPIRA OF FLORIDA, INC.; AUTHORIZE AGREEMENT WITH SAID AGENCY. RESOLUTION NO. 86-902 A RESOLUTION ALLOCATING $10,000 FROM THE FUND BALANCE OF 1985-86 FEDERAL REVENUE SHARING AND CONTINGENT FUNDS ALLOCATED FOR SOCIAL SERVICES TO ASPIRA OF FLORIDA, INC. FOR THE PURPOSE OF CONTINUING THE AGENCY'S YOUTH DEVELOPMENT LEADERSHIP PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH SAID AGENCY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14 November 13, 1986 4.30 CLAIM SETTLEMENT - ALMANZOR MARTINEZ - $32,000.00. RESOLUTION NO. 86-903 A RESOLUTION A1TTH0F773!JC- TRF DIRECTOR OF FINANCE TO PAY TO ALMANZOR. MAR.T7177, v7THCr7TT THE, ADYTSS7O24 OF LIABILITY, THE SUM OF S 3 7 , 000. 00 I)J T-LTl.,L 1j,1P COMFLFTE SETTI.•EMENT OF ANY AND ALL CLAWS Ai.O T)FtilOPY'F MIAM7, UPON THE EXECUTIOA' or A F,F.I,F.ASF, F_F.I_.F.ASING THE CITY OF MIAMI FROM ANY AkND AI.I— CI.t131'S (Here follows body of rFsolution, omitted here and on file in the Office of the City Clerk.) 4.31 CLAIM SETTLEMENT - ROLANDO YAGUE - $1.0,000.00; LETICIA YAGUE $35,000.00. RESOLUTION NO. 66-904 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE SUM OF $40,000.00 TO ROLANDO YAGUE AND $35,000.00 TO LETICIA YAGUE, WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING COSTS A14D ATTORNEY'S FEES AGAINST THE CITY OF MIAMI, CESAR ODIO, CLARENCE DICKSON AND FRANCISCO PICHEL, UPON EXECUTION OF APPROPRIATE SETTLEMENT DOCUMENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.32 AUTHORIZE SETTLEMENT OF CONDEMNATION PROCEEDINGS FOR PROPERTY NEEDED FOR OVERTOWN URBAN INITIATIVES PROJECT. RESOLUTION NO. 66-905 A RESOLUTION AUTHORIZING SETTLEMENT OF TRIAL COURT AND APPELLATE COURT PROCEEDINGS INVOLVING CONDEMNATION PROCEEDINGS OF 21 PARCELS OF PROPERTY ACQUIRED AND NEEDED FOR THE OVERTOWN URBAN INITIATIVES PROJECT; DESIGNATING ALL FUNDS NEEDED TO COMPLY WITH THE SETTLEMENT COST TO THE CITY; FURTHER CONDITIONING SAID AUTHORIZATION UPON APPROVAL OF THE SETTLEMENT BY METROPOLITAN DADE COUNTY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.33 RESCHEDULE PUBLIC HEARING ON MERRILL STEVENS DRY DOCK COMPANY LEASED PROPERTY. RESOLUTION NO. 86-906 A RESOLUTION RESCHEDULING A PUBLIC HEARING SET FOR NOVEMBER 13, 1986, AT 2:30 P.M. TO DECEMBER 11, 1986, AT 11115 A.M. TO TAKE TESTIMONY REGARDING A UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF A FULL -SERVICE BOAT YARD FACILITY, MARINA AND ANCILLARY MARINE -RELATED RETAIL USE ON CITY -OWNED WATERFRONT PROPERTY LOCATED AT 2640 SOUTH BAYSHORE DRIVE, COMMONLY REFERRED TO AS THE MERRILL STEVENS DRY DOCK COMPANY LEASED PROPERTY; AND TO AUTHORIZE THE ISSUANCE OF A RFP; SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINT MEMBERS OF A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY THE CITY CHARTER AND CODE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) --- — ------------------------------------------------------------------- 5. AGREEMENT VITH REAL ESTATE RESEARCH CO. FOR APPRAISALS ON OVERTOWN PROPERTY. ------------------------------------------------------------------------------ Mayor Suarez: Item 10. Mr. Dawkins: Mr. Manager. Mr. Odio: Yes, sir. Mr. Dawkins: This agreement was to ... you extended it from February 28, 186, to April. 1, '87. Now, from February until now, you've been paying them, or what? They've been working without a contract, or what? Mr. Odio: Let met find that out. Mr. Matthew lti. Schwartz: Yes. This is a contract that we executed over a year ago. They have performed cork for the City. There was some additional charges, extra work as for as the disposition agreements they have done, which was not covered by the contract. Also, we have four disposition agreements for our rhase I developers that are coming forth the end of this month; and in December, we need to have a reuse appraisal as part of that agreement, and since they have previously prepared one, it would be most expeditious for them to prepare it also. Mr. Dawkins: Are they AIA appraisers? Mr. Schwartz: Yes, they are. Mr. Dawkins: All right. Now, I said go out and get somebody who was not AIA. Now, Mr. Manager, I see this as a way to get AIA appraisers in, when I said use local Cuban and Blacks who were not AIA, because AIA does not have any Cubans and no Blacks in it, and I said let's don't use them any more; and I see this as a way to continue to use AIA, even though I say we shouldn't use any more. Mrs. Kennedy: That, Commissioner, was the consensus of this Commission, to go ahead and do that, what you suggested, yes. Mr. Odio: But I understand that we're doing that, but this is a contract prior to Commissioner Dawkins' passing that resolution. Mr. Dawkins: Not the extension isn't. Mr. Odio: The extension is not, but you don't want to get new people involved, and it will cost more if we tried to bring in new people. Mr. Dawkins: I wouldn't give a damn if the more money is paid to local people. Mr. Odio: Yes, sir. Sir, we... J Mr. Dawkins: You see, I get tired of you people telling me about economy,... Mr. Odio: Commissioner, what... Mr. Dawkins: ...and what we're saving, and everything, and the people in the City of Miami refuse...we don't... they pay their taxes and they don't make no money! Mr. Odio: You're entitled to tell me what to do, and if you don't want this one, you'll tell me, we'll go out and get another one. But what we're saying is that this will save time. 4 I r Mr. Dawkins: Well, if you're talking about saving time, I don't mind, but t' j don't tell me nothing about saving money. Mr. Odio: We're saving time, because if you bring a new one in, by the time ? that he knows this whole project, gets to know it, -. 16 November 13, 1986 Mr. Dawkins: And this it April 1, 187. December, January, February, March# April. April - five, six months. Mr. Schwartz: They will have completed the work by then. Mr. Davkins: Feg pardon? == Mr. Schwartz,- They will have completed the work by then. The work will.. Mr. Dawkins: ry then or before then? Mr. Schwartz: Fefore then. Mr. Dawkins: i.ike what? Mr. Schwarta,: Ve intend to break ground on the construction by April so the disposition...€o the appraisals have to be completed prior to that, before the Mpnager can sign off on the agreements. Mr. Dawkins: You know, see, I'm tired of you people coming up here with these excuses about ti•.re, money, and yet the locals who live here, pay taxes, they don't make the money. Now, I defer this. You all come with ... if. you can't find somebody in the City of Miami, then I'll go along with it, but I know damn well you can find somebody within the City of Miami who can do this. Mayor Suarez: Motion to defer. Can we have a second? Mr. Plummer: Second. — Mayor Suarez: Seconded. Any discussion? Call the roll. Thereupon the City Commission, on motion to defer made by Commissioner Dawkins, seconded :;ommissioner Plummer, passed and adopts: the preceding motion by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: We don't have to defer that to a special time, do we? Mr. Dawkins: No, just to the next meeting. If they can't find anybody, and I will be putting an ad in the paper; in fact, I'll call the... Mayor Suarez: The Board of Realtors, yeah. Mr. Dawkins:. ...Florida Realtors, or somebody, tell them to give me somebody who's not AIA, and we can get this done. 6. NEGOTIATE PROFESSIONAL SERVICES FOR DESIGN OF PEDESTRIAN MALL IN — SOUTHEAST OVERTOWN/PARK WEST. ------------------------------------------------------------------------------. Mayor Suarez: Item 14. Mr. Dawkins: Item 14 - what did I have on 14? I'd like to know, Mr. Schwartz, who determines how you evaluate these bids? One time you bring me a bid in here, and the man with the lowest amount of points gets the bid. The next time you bring a bid, it's the person that's got the highest amount of points got the bid. Now, what is the criteria, and who determines how this is done? 17 November 13, 1986 Mr. Schwartz: The Committee members, which are listed in the Commission Item, determined the point system, Fnd in this case, the system works the reverse. Mr. Dawk.inF: riaciamF City A:ttornry, what do #,e do to get a standardized form of eva3upticn7 FecFt,FF if I pc:t rry Fid in this time, and I lose it because I got the people rated r?F the hikhFFt; end the next time I lose it because you rated the othFr guI t_he lcLFat, I don`t know vh2t. I'm doing. _- Mrs. Dougherty: F'elI, vp can iuFt standardize it. Mr. DRwkJrr: We II, why is thiF done, Mr. Schwartz? Mr. Schwart.7: What they did is, they have taken the total scores and then they have ranked them. The ranking follows the normal procedures. The reason why the lowest. score ranks higher... Mr. Odic: Tell him who the Committee were. Mr. Schwartz: The Committee members are listed in this. They were George Campbell, who is with the Public Works Department; Allan Poms, who is Public Works Department; .7-rge Y,huly, R.egj '-red Architect; Jack Luft, Planning Department; Robert Ulson, Department of Development, and Juanita Shearer, Department of Development. Mr. Plummer: You know - let me tell you something else. Mr. Schwartz: Excuse me, that was the Certification Committee, and the Selection Committee also included Joe Genuardi, Mary Meynarez from the City, Adrienne Macbeth from the City, Joe Tyborowski from the D.D.A., Y-s. Bloomfield from the Overtown Advisory Board, Lee Ruage(?) from the Park West Arsociation, Wilhelmina Jennings from the Black Archives, and Felipe Prestamo, p-.'essor at the University of Miami. So there were fourteen people o 'he Selection Review Committee. Mayor Suarez: Looking at those scoresheets, you can see that it's really a very subjective process. So, not to give anyone the illusion that it's anything particularly objective, you've got some of the applicants who are obtaining the highest and the lowest score from different members of the selection panel. So, I don't know, just for purposes of clarifying the record, that we do the best we can on some of these things, but they still are objective. I mean, you're using eleven evaluators, is that what you used? According to the... Mr. Dawkins: I don't mind that, Mr. Mayor, if it's standard. Mayor Suarez: And on top of that you're switching the system. Sometimes you give them the highest number and sometimes you give them the lowest number, to the most qualified. Mr. Dawkins: And the part that's irritating is it's all done by City of Miami employees. See? Mayor Suarez: Were there any outside...? i i Mr. Dawkins: No, no, no, what I mean is... Mayor Suarez: Oh. Mr. Dawkins: ...that the criteria's set up by us. Mayor Suarez: Yeah. Mayor Suarez: So why can't we have the... Mayor Suarez: It would be helpful if you would standardize the... Mr. Dawkins: OK, thank you. Mr. Mayor, we got a student here that wants to learn how to be a politician. Mayor Suarez: Did you want to address this matter, ma'am? i �1 18 November 13, 1986 V] Mr. Dawkins: Your name and your address. Mayor Suarez: Tesh, get a little closer to the mike, give us your name and your address. Mr. Dpvk3ns: Tull the mike down to you. Ms. rsbiolk ih,kes: Oy. MV name is rebiola Dukes, and I'm from Coral Gables Senior High School. I would like to know exactly what is the AIA, and what is its purpose? J bpve no ides whet it 3s, Mr. Dawkins: Go Ahead. Tell her vhat. the AIA is. Mr. Schwartz:: The AIA is the American Institute of Architects. The MAI is the apprrisr" association, MAJ. tiast.er of... Mr. Odio: Vhat he means iG that... Mr. Schwartz: Appraisal Institute. Mr. Odio: We were talking about that appraisers must belong to those particular associations - be registered by them before they could do work for the City. Thr Commissioner is saying that he doesn't u3nt that to be that way; that he prefers that they be independent, if possible. Mr. Dawkins: Any time we purchase a piece of property, you have to determine the value of it, because if I own the property, then I will want to get the most that I can out of It, and the indi-idual who' purchasing it will want to purchase it for the least amount of money that he can purchase it for. So, in order to arrive at some midpoint to start negotiating from, you have appraisers, OK? So, those individuals go out and they determine what the fair market value of that property is. And this is their profession. They're realtors, and they've been through real estate school, etc., etc., and then we, as laymen, accept their evaluation as to the value of this property. Now, my problem with it, ever since I've been here, is, AIA is a prestigious white organization, OK? And ever since I've been here, I've been fighting to get Blacks and Cubans on AIA, since they are a closed shop, and they refuse to accept us, then I refuse to accept them. Ms. Dukes: Thank you. Mayor Suarez: Certain professions and occupations have an established board of supervisors or people who determine whether you're qualified to practice in that profession - approved by the State, for example, State of Florida. This one is not one of those. This one's one that just sort of grew out independently, and the Commissioner and some other people have expressed reservations as to what extent these boards have a right to be the ones that accredit people that practice in a certain profession, if they're not really themselves administered by the State, or under State law. Hey, we're ready to vote on Item 14? I'll entertain a motion on Item 14. Mr. Dawkins: Much as I regret, move it. Mayor Suarez: Moved. Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Call the roll on 14. 19 November 13, 1986 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-907 A RESOLUTION APPROVING THE MOST QUALIFIED FIRMS TO PROVIDE PROFESSIONAL. SFPVICES FOR THE DESIGN OF PEDESTRIAN MALL IN SOUTHEAST OVEPTOWN/FARK VEST; AUTHORIZING THE: CITY MANAGER TO U DI F.RTAYE NEGOTIATIONS WITH THE MOST QUALIFIED FIFJt,S TO AP.PIVF AT AN AGREEMENT k'HICH IS FAIR, COMIFF717IN'F. A1,7D PEASONABLE; AND DIRECTING THE CITY t514AGF-P TO FPFSENT THE NEGOTIATED AGPEEM,ENT TO THE CITY COf'!fISSION FOR THEIR RATIFICATI N AND APFP.OVAL. 9— (Here follows body of reso)uticn, omitted here and on file i.n the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the •esolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. ---------------------------------------------- ---------------------------- --- �.. 7. CONTRACT ADVANCED DATA PROCESSING TO COLLECT RESCUE TRANSPORTATION FEE. ------------------------------------------------------------------------------ Mayor Suarez: Item 15. Commissioner Plummer pulled it. Mr. Plummer: Mister Mayor, this is something that I had spoken to before, because I wanted it to be done in-house. The fee of $37,000 we're giving to a private concern. Of course, they're doing the job. It is my contention, or it was my contention, that we could do it in-house an save the $37,000. I think it's interesting to note, for the record, that we have been collecting about $20,000 a month from insurance companies and Medicare, which in the past we were not collecting at all. There seems to be a problem, in talking with the Police Chief, about a company that wants to get involved. This contract presently calls...this new contract calls for R one-year contract, with an option in at the end for another two years if we wish. Based on the fact that we can withdraw at the end of the year, I have no objection, but I just wanted to put on the record that I would hope the administration would start working toward doing this in-house, as we do all other billing. I think we can do it cheaper; I don't accept the number for, which I can't pin down where it came from, of $72,000 to do it in-house. All I'm saying is, if we can do it in- house, and save that money, let's do it. That's what I'm saying. So I juat wanted to put that on the record. If no other member of the Commission has any objection, I will personally move the item whenever ready. Mrs. Dougherty: J.L.,... Mayor Suarez: OK. Chief, how do we know that...I know one of the documents we received indicated that no extraordinary efforts to collect from the citizens would be engaged 'n. I was hoping that no collection efforts whatsoever, and that was my understanding, against the citizens, would be . engaged in. Chief K. E. McCullough: Well, we don't ordinarily know whether they're able to pay or not until after they've been sent bills. The company... Mayor Suarez: Wait a minute, now we're going to try to collect from the ones that are able to pay - is that what you're saying? 20 November 13, 1986 Mr. Plummer: Yeah. The insurance and Medicare. Chief McCullough: We try to collect from everyone. Mr. Odio: Only the orPF thFt cFn pFy. Mr. Plummer: ThFt'F +ill vr'r6 doing. Mayor SuFrF7: My underFtFrdang iF that no... Chief McCullough: tde're not putting liens on property, or anything like that. Mayor Suarez: But there would be no collection efforts whatsoever against citizens; thFt. we're only going to try to collect from insurance companies. Mr. Plum+ner: That'F it. Chief McCullough: It's only through billing. Mayor Suarez: But the billing is going to indicate to them that they're supposed to pay, and that's the form that you gave us. I guess we have legal problems if we don't tell them that. Mrs. Dougherty: Um-hmm. Mayor Suarez: Because if we tell them clearly that they don't have to pay, that we're only going rater the insurance, it may be defective. Ti. is what you're telling me. Chief McCullough: I don't, believe you could do that. Mr. Plummer: Well, Mr. Mayor, you know, I don't think anyone has had pressure put on them to make personal payment. It is my understanding... Chief McCullough: No, the way this really works is, you can assign - the first form you get you can actually assign this over to the company that's doing the collection. They'll file the forms and everything else for them. Mr. Plummer: This is being done by other cities already. It has established a track record of a quarter of a million dollars a year to this City, and, you know, I just think, as I said before when I brought this matter up, that insurance companies are more than willing to pay for this, they do it in other cities; Medicare will pay it, and I think that we're entitled to it, because we are doing the transporting. If we didn't do it, Randle -Eastern would do it, and they're a private company, and they would be billed, and they would be dunned, and they would be ;gutting levies against the people. Mayor Suarez: Can I be assured, by adopting this mechanism, that there will be no specific steps to collect from individuals other than whatever little notice they receive, that might indicate to them that they're supposed to pay? Chief McCullough: That's correct. The company is not in that business. Mr. Plummer: And it was written into the original agreement. Mayor Suarez: Can you point someplace to show us that they're not supposed to initiate any collection efforts against individuals? Chief McCullough: All they do is mail notices. That's it. They don't put liens on anybody's property; they're not sending bill collectors out. It just functions through a mailing process. Mayor Suarez: Is that another... is that clear in the contract, that they're not supposed to do anything other than send notices? Chief McCullough: "No extraordinary efforts," is the message that's in the contract. Mayor Suarez: Well, I just don't know what they mean by "extraordinary efforts." I mean, they might start calling people and harassing them. 21 November 13, 1986 Chief McCullough: Veil, I sure...I guess Lucia could help us with that. They've reviewed the contract. Mayor Surrfz: Vbpt is the contract going to Bay? Is it going to just tell them to use thr notice FyFtem7 Or... Mrs. Dougherty: They understand their messege - or their method of operation. Mayor Sut+re7: OK. Mr. Dawkins: Mr. Manager, may I speak with Mr. Samit Roy, please. Mr. Samit Roy, how much computer equipment do you have over there? Mr. Plummer: He'll have to get a computer to tell you. (Laughter) Mayor Suarez: tahFt'F your yearly budget for computer operations? Is is still five million dollars? Mr. Dawkins: No, no, no, no, Mr. Manager. I want to know, how much equipment have we purchased? Mayor Suarez: In cubic feet. Mr. Samit Roy: A few bucks. A little over seven million dollars. Mr. Dawkins: Seven million dollars. Now, I want you to and -stand, sir, that when the time comes to evaluate the computer operation, with seven million dollars worth of equipment, I'm going to have a negative taste in my mouth for more equipment, more people, or more anything for computers, when you tell me that you, in Computers, cannot collect this money better than an outside agency, OK, sir? I want you to understand, now. So, you be looking for me, and know that I'm going to be negative, and not be positive; because I just cannot, I do not believe, sir, that with your knowledge, and your people, and your equipment, that you can't do this. But that's my personal belief, see? I'm not going to hold that against you. But I have to let you know up front that every time you come looking for money, and equipment, I'm going to tell you about this. OK? Mr. Roy: Commissioner, it's not a question whether the computer can or cannot do it. Right now, we're involved with three major systems. Two of them deal with collecting City revenue in terms of the new solid waste billing and the other financial accounting system; and those projects are about 70 to 80 percent complete, and will be completed totally in May, at which point, if the City decides to bring it in-house, we can program it and bring it in-house. Mr. Dawkins: I just wanted to put myself on the record. Mr. Roy: That's all, thank you. Mayor Suarez: OK. What's the Commissioners' pleasure on Item 15? Mr. Plummer: Move it. Mr. Dawkins: Second. Mayor Suarez: Moved, seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-908 A RESOLUTION AUTHORIZING THE CITY MA4AGER TO EXECUTE AN AGREEMENT, IN StTFSTA_NTIALLY THE FORM ATTACHED TO BE APPROVED BY THE LAW FBI FARTt'FNa BF-•TVFFN THE CITY AND ADVANCED DATA FROCESSING, INC. (ADF) FOR COLLECTION OF A $75 RESCUE TRANSPORTATION FEE, FOP A FFRIOD OF ONE (1) FEAR AT AN FSTIMATFD COST OF $37,700 FLUS 28 PERCENT OF ANY A► 0114T COLLECTED IN FY>CF.SS OF 50 PERCENT OF GFOSS PI1.1•It1C= TO BF PAID FROM REVENUES COLLECTED FROM SAID FEE. (Here follows body of rr---,lutior,, omitted here and on file in the Officp Of the %;Jty Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Rosario Kenneoy Mayor Suarez: I'll tell you, if we start hearing from citizens who are being harassed by collecting agencies T'll go on the radio and tell them they don't have to pay these bills, and I don't know what legal effect it's going to have, Madame City Attorney, but I'm going to do... Mr. Dawkins: Nothing. We'll just be paying a collecting agency for nothing. Mayor Suarez: Yep. Mr. Dawkins: That's what will happen, Mr. Mayor. Mayor Suarez: Well, in the efforts to collect from the insurance companies, is what 1 mean. Mr. Dawkins: OK. 8. AWARD BID: NILFISK OF AMERICA, INC. - ONE PORTABLE DUST COLLECTOR (FOR DEPARTMENT OF POLICE). Mayor Suarez: Next item that was pulled out is Item 22. Commissioner Plummer? Mr. Plummer: Mr. Mayor, I pulled this item because I'm questioning why the money is coming from the General Fund rather than from the Law Enforcement Trust Fund? It's a reasonable - as I see it, it's a reasonable item to be paid from that fund. Why are we using General Fund? Mr. Odio (OFF MIKE): It's the dust remover, which is for the fire... and we use the fire and we have to remove the Mrs. Dougherty: Commissioner... Mr. Plummer: It's training. Mrs. Dougherty: ...Plummer, the Law Enforcement Trust Fund may only be utilized for nonoperating budget expenses. Therefore, if it's -a special project, that's not a reoccurring budgetary item, then you can use the money for that. 23 November 13, 1986 Mr. Plummer: Then ere you indicating to me that this is a nonreoccuring into? I mean, I can't recall. in my 17 years... Mrs. Dougherty: No, it'f a regular... Mr. Plum+prr: ...thvt we ewer bought a dust collector before. - Mrs. Dougherty: Veil, the mpnager - or the Chief of Police, actually - has to certify thpt it is not an operpt-ing expense. Mr. Plummer: OK, look, you know, I've just said All the way along that when you cen reasonpbly use the J.Fw enforcement Trust Fund monies, to use it. And yet, h-re I find t-hpt this is General Operating budget. Mr. Odio: I tried. I tried; they told me I couldn't do it. Mr. Plummer: Who told you that? Mr. Odio: The Lxw Department told me I couldn't do that one, and the one on the 25 cars, either. Mr. Plummer: Well, if they're telling you you can't use it, OK - but I'm just going to be here to remind you that whenever possible, to use it. Mrs. Dougherty: I want to Ask you about this one. yr. Odio: I'm trying. Mr. Plummer: I'll move Item 22 if that's the case. Mayor Suarez: So moved. Mr. Dawkins: Second. Mayor Suarez: Thank you for the second. Any further discussion? Call the roll on Item 22. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-909 { A RESOLUTION ACCEPTING THE BID OF NILFISK OF AMERICA, } INC. FOR FURNISHING ONE (1) PORTABLE DUST COLLECTOR TO THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED COST OF $5,621.21; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 yy' OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO _i INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A i PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Rosario Kennedy Mayor Suarez: Let me say, for the edification of the students from Coral` Gables High, that the Rules and Charter of the City of Miami require that any 4" item that passes herd have a majority vote, not of the Commissioners who are present, but the entire City Commission, which means that we have to have three people to vote in favor or against any item. And whenever we're left with three, it gets a little tricky, because if somebody's against it, it 7 24 November 13, 1986 .r i won't pass, and if no one seconds an item, sometimes it gets a little...it just dies, under our procedural rules, which sometimes has happened. don't be the first time, it won't be the last time. 9. AWARD BID: RAINBOW DODGE - FOUR 15-PASSENGER VANS. (FOR G.S.A.). Mayoi Suarez: Item 23. Mr. Plummer: What are the 15 vans for, Mr. Manager? Mr. Odlo: How about four vans, no? Mr. Pierce: Four vans. Mr. Plummer: I'm sorry, four vans. Mr. Odio: For 15 passengers. They are not jitneys. Mr. Plummer: What are they for? Mr. Odio: They are for the Parks and Recreation Department, for the transportation of kids during the summer programs. The four that we have are in bad shape, and they're really unsafe, and we also use them to transport kids to different sporting events. Mr. Plummer: I move Item 23. Mrs. Kennedy: Second. Mr. Dawkins: Call the roll, Madame Clerk. The following resolution was introduced by Commissioner Plummer, vho moved its adoption: RESOLUTION NO. 86-910 A RESOLUTION ACCEPTING THE BID OF RAINBOW DODGE FOR FURNISHING FOUR (4) FIFTEEN (15) PASSENGER VANS TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $61,610.00; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE VEHICLES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution vas passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins NOES: None. ABSENT: Commissioner Joe Carollo Mayor Xavier L. Suarez 25 November 13, 1906 - - --------------------------------------- --- 10. AGREEMENTS KITH (a) MANUEL G. VERA b ASSOC., INC.; (b) METRIC ENGINEERING, INC.; AND (c) CAMPANILE & ASSOCIATES, INC. Mr. Dawkins: Next item I tot to be pullet' it 37, Anybody got anything...? Mr. Odio: viou hc!ve 36 ahead of thpt, Commissioner. Mrs. Kennedy: Thirty -€ix, €omabody vented to speak... Mr. Dawkins: Thirty -Fix. You got any...did you have anything? Thirty-six, please. Mrs. Kennedy: No, I didn't have anything today. Mr. Dawkins: Thirty -Fix, pleF€e. Mr. Odio: I think they requested 36. Mr. Plummer: Vho pulled thirty...? I didn't pull it. — Mr. Dawkins: No, this gentleman pulled it. They pulled it. Mr. Odio: They requested to... Mr. Plummer: Oh, oh, the company - oh, OK. Mr. Dawkins: Go right ahead, sir. Mr. Louis R. Campanile: My name is Louis R. Campanile, Campanile and Associates, 9631 East Evergreen Street, Miami. I have Mr... Mayor Suarez: If you're being compensated to speak on behalf of an item, you're supposed to register with the City - a little form that we have; just to let you know that. If you're not, if you're speaking on your own, for your own purposes, without compensation from any other party, I believe you don't have to file that form. It's our Lobbying Registration Form. Ms. Hirai: Are you speaking on your own behalf? Mr. Campanile: Yes. Ms. Hirai: Yes. All right. Mr. Don Cather: He is not lobbying. He is the one who's one of the selectees under this resolution. Mr. Victor Benitez: Again, my name is Victor Benitez. I'm president and major stockholder of Metric Engineering, which, again, is one of the other firms that was selected. Mayor and Vice -Mayor, other Commissioners, the reason we're here - actually, we are not going to protest that we were selected - but the City of Aiami put an ad in the paper for a selection process to cover a two-year period to provide professional land surveying services. I'd like you to make you understand that that's a fairly costly process for all of us, and, I imagine, for the City of Miami too, because it involves making presentations to a selection committee, of numerous firms. Three firms were selected from that process, with the understanding that they were a two-year contract. Without any further information, we understand, when we were presented with the paperwork, that that had been reduced to six months. We don't have any objection allowing...the reason being, is to allow other firms...a shorter time, to other firms to compete. I think, speaking on my behalf, I don't have any objection of that fact, except that the six-month , period becomes very... is really riot cost effective, and it becomes very troublesome for both the firms that present to the City, and the City itself, which I iruagine will have to start a procedure right away to get more firms. Six months in a very short time. So, we're here to, not to protest the selection.., because we are being selected, but to protest the fact that, you know, reduction from two years to six months is really, we think is not economical for either end of it. 26 November 13, 1986 Mayor Suarez: Vhet would you recommend as a more logical period of time for the contract in future ... 7 Mr. Ben3t.e7: Vell, we felt the two year was fine, personally, not in behalf of the other... Mayor SuerFz: Fou felt. that one year - I'm sorry, is that what you said? Mr. Benitez: No, two year was... Mayor Suarez: Two years. Mr. Benitez: ...the advertisement. We felt that that was very appropriate. I would consider 18 months to be appropriate, but at least 8c ling beyond the year, whet is about the time that the City would take app:,.:imately, I imagine, aix to eight months just to go through the entire process of selecting firms. That'F only from Metric EnginFering's Fide, now. Mr. Campanile: I'd like for you to know that we also repreFent Mpnny Vera, who is out of town today and couldn't make it, but we're Fpeaking in his behalf too, who is the other firm that was selected. Manuel Vera and Associates. This process, I think, started August 4th, and it's coming up now in November, so it is a long process, and our expeaience with doing work for the City shows that many of the projects that we work on go beyond six months, some as long as a year. Mayor Suarez: You're saying the selection process is almost longer than the contract period? Mr. Campanile: That's right. Mrs. Kennedy: I agree that six months might be too short a period, but I also think that two years is too much. Perhaps we can compromise at one year. Mayor Suarez: How was it advertised, Don? Mr. Gather: It was advertised for two years. This is the standard used in Dade County for outside consultants on this type of basis. Mayor Suarez: We'd had some objections to the two-year period, had we not - the Commission? And by... Mr. Cather: The Commission ordered us... Mayor Suarez: ...it was a policy issue? • Mrs. Kennedy: I think so, yes. Mr. Cather: The Commission ordered us at the last meeting to make sure that these contracts did not exceed six months, and that they were rebid every...resolicited every six months. Mayor Suarez: If we wanted to now, if we were disposed to change it to one year, can we do that now, Madame City Attorney? Is that legal? Mr. Dawkins: But I think, and there again, I hate to be Peck's Bad Boy... Mrs. Dougherty: If it's agreed to by the... Mr. Dawkins: ...but I don't have any choice. There again, I think the reason for six months was to be sure that everybody in the City of Miami got a shot at it. I don't know now. Mr. Benitez: May I speak? Mr. Dawkins: I'll Mr. Benitez: We don't have any objection against that. I think that, as a matter of fact, ten years ago, thanks to something like that, I was able to start my own firm, and I don't have any objection. What we're actually bringing - the objection, and if you, the staff and yourself, thinks that two 27 November 13, 1986 years is too long, we'll accept that. I think 18 months, or twelve months period, is reaaoneble. Six months, Commissioner Dawkins, it becomes very unreascneble, because, remember, all these firms Mill have to be presented to your selection committee Fgpin, which Is p fairly cost -involved process. We prepare chprts, V-P fend letters of interEst, we appPPr before the boFrd. I guess the hcprd hxvP to meet. About thrsP or foiir times to consider the firm, find out if they're actually Qualified, if they hPrF the number of people that they clpim they hAva, if they orr... yoi�v know, if they can do the work.. So, what we're flaying is, not: thFt. we want to Phut down other firms, but really that maybe the Fix months is unrepsonable on the low end. Maybe a year to 18 months Jr more reaFonpble. Mr. Dawkins: How many firms responded, Mr. Cather? Mr. Cather: Seven. Mr. Dawkins: Seven. How many did we select? Mr. Cather: We selected ... we recommended six, for which you picked the first three. Mr. Dawkins: We picked the first three. Is there anything, Madame City Attorney - is there anything illegal about giving the first three the first six months and the next three the next six months, and at ttu end of the first six months put out the bid again? Mr. Cather: That's what I was thinking .night be a good idea, is that we stagger these things, ar.:i we hire another firm every year, to work for two years, and then the next year we hire another firm to work for two years, because most of the time we have three to four firms working. Mrs. Dougherty: Mr. Commissioner, there is nothing illegal about it so long as everybody agrees. And I understand the two gentlemen standing there are agreeable to that. Mr. Dawkins: No, no, no, that's what I say. See, we're the laymen, these are professionals; these two are professionals, so we have to listen to what they're saying. What do you say...? Mr. Benitez: I really don't understand what we're agreeing to. (Laughter) What we felt is, we felt that six months is too short for any firm. Ours, or anybody you will select. Because by the time, you know, you go through the process, and we get into any job that is long, we felt that either a year or two year, or do you want to actually, like it's suggested, to start a firm for two years, and then a year along or six months along start another firm, that is to me no problem. But the six months to enter into another contract and to make another presentation, is what we thought was very inefficient and not cost-effective for either the City or the firms in question. Mr. Dawkins: Mr. Campanile? What will... Mr. Campanile: I'd also like to say, I don't believe that the selection committee picked the first three firms. There were several firms, probably six, that were interviewed, and they picked three of those firms. They rated them and three...the first three were... but not the first three on the list. There were just three of the six that made a presentation. Mrs. Kennedy: Well, you see, the whole idea was to give other firms a chance. It seems at times that it's the same people over and over again, getting the same contracts, and we just wanted to rotate the business and have other people participate. ' Mr. Benitez: Maybe I should not appear here. It's the first time my firm have ever gotten a contract with City of Miami. So, I feel privileged to do = that, and as a matter of fact, what I'm trying to put in words is, I need more than six months to demonstrate to the City that I am capable and able to do. In six months, I think you are not going to be able to rate my firm. So, you will end up...I really ended up losing this opportunity. Mrs. Ken,.-Jy: It's like a mayor running for office every two years, right? Mr. Benitez: Exactly. 28 November 13, 1986 Mayor Suarez: vhot'e the Commission's pleasure? Mr. Dawkine: Mr. Cather, wh:+t would you recommend, sir? Mr. Cat.her: J would recommr-re thr-t these contracts, which were advertised for two years, be put in effect for two years, and that every year we select another fire+ to replfce the firm on P stFggered basis, so that we have a new firm coring in every yPFr. Mayor Suarez: w'Pll, but that's ... it's either two years or one year, Pon - you can't have it both vpys. The fact that we would go to F process every ... at the end of one year, they would participfitF in that too, Pnd possibly be selected again, and then they would be- in line to tPYe the contract at the end of the two-year period. I mean, it `s PithPr two years or one year. Which wou.'d you racozrnend - a two -year period L a one-year par?od? Mr. r^ther: J would recommend a two-year period for any one firm. We have enough work eo that we can Ftagger the terms, so that we can start a new firm, or maybe two firms - I'll have to lool•. at itmore closely at least a minimum of one firm every year, and stagger them, simply by starting another firm a year from now. Mayor Suarez: You can begin a selection process whenever you im advisable, and the City Manager wants to put it on the Agenda, L ' .. Kr. Cather: Well, we have ... the next item on the Agenda is to start the selection process, because you had instructed us to go to six months. Mayor Suarez: Right. That would mean you'd have to start right away. Want to make it a year? Mrs. Kennedy: Well, I disagree. I think two years is too long, so I'll move to make it ... move it to one year. Mr. Dawkins: Second. Mayor Suarez: So moved and seconded. Any discussion? Hearing none, call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 86-911 A RESOLUTION APPROVING THREE AGREEMENTS, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY OF MIAMI AND MANUEL G. VERA & ASSOC., INC., METRIC ENGINEERING, INC. AND CAMPANILE & ASSOCIATES, INC. AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID THREE AGREEMENTS TO PROVIDE PROFESSIONAL SURVEYING SERVICES OVER A ONE YEAR PERIOD IN CONJUNCTION WITH CITY OF MIAMI PROJECTS WITH FUNDS THEREFOR ALLOCATED FROM THE PROJECT EXPENSE FOR EACH INDIVIDUAL PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Rosario Kennedy t Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Mayor Suarez: And on the selection process for the next year, you can act accordingly, Don. Whenever you think it's appropriate to bring it before us, 29 November 13, 1986 Me will begin it, so that you will have them ready, so you Mont have ihy vacuum there, between one period and the next. Item 37. Mr. Benitez: Thank you for hearing, Mayor. Mayor Suarez: Thenk you. 11. SOLICIT FROFESSIONAL SERVICES FOR LAND SURVEYING TO BE FURNISHED TO THE CITY. Mr. Cather: I think in viev of your motion on 36, that we should withdraw 37 until such time es we change it to a year. Mayor Suarez: So ordered. Withdrawn. Item... Mr. Odi.o: Thirty -€even. Mr. Plummer: Well, I had... Mayor Suarez: Oh, I'm sorry. Commissioner Plummer wanted to... Mr. Plummer.: I had a problem with 37. And ' jon't se, anybody in there from the private sector. Matter of fact, I only see that there .'s one person named for the selection committee. See, I guess my problem is, as Miller Do► kips says, I see the same people being recycled - used and used and used, the same people. Now, you know, I think that there should be input from City people. No question. But I think we need to get out of this pattern, hat the outside, private sector doesn't know anything,. I think they can t ach us a lot. And I think that we need to get their involvement, especially when those kind of people are willing to come forth and serve on these kind of committees at no cost to the City. So, I would like to see, number one, that we have different people from the City involved; and I would like to see more involvement of the private sector. And, so, that was the reason I pulled 37. Mr. Cather: Fine. We have one member from the outside on that committee. Mr. Plummer: Well...out of how many? Mr. Cather: Out of six. Seven - one out of seven. Mr. Plummer: So, you know, it's a voice in the wilderness. OK? Mr. Cather: Well, we have, you know, we have to have people who are willing to take the time to sit in all day long and do that. Mr. Plummer: Well, people are willing to sit... Mr. Cather: We will solicit more for you, happily. Mr. Plummer: OK, but, Don, the problem is, people are not going to sit there with one private sector and seven...six City people, and say "Hey, I'm wasting my time, because these six City people are going to do what the hell they want anyhow." Now, you know, I think that if people feel that they're going to serve, and be of benefit to the City, I think you'd find more people willing to do such. Mr. Cather: line. We will try to get more, and let's say we'll make five committee members, of which at least two must be from the outside? ' Mr. Plummer: I see nothing wrong with having a six -member committee - three and three. Mr. Cather: OK, this is seven. We'd like to have seven. Mr. Plummer: Well, OK, fine, seven. Mr. Cather: Five or seven, you know. 30 November 13, 1906 Mrs. Kennedy: And then make sure that the women out there know what you're doing, that they know to fill out the papers for the RFP's, and go through the whole process. Mr. Cather: Yes. Mr. Dawkins: And not to recycle the same administration people over and over end over. Mrs. Kennedy: Right. Mr. Dawkins: Get some other people. Mr. Plummer: Well, that also goes, Commissioner Dawkins - I don't want to see the privata sector people, just the same ones being used. I think it draws us into a pattern of complacency, which we're trying to get away from. You're pulling 377 Mr. Cather: I'm pulling 37 because while you were out, they moved to make the contracts for one year, not six months. Mr. Dawkins: Well, can't we just submit one year and then move it, Mr. Cather? Mr. Cather: I beg your pardon, J.L.? Mr. Dawkins: Can't we just ... H adame City Attorney? Can't we just change the time and move it? Mrs. Dougherty: The, uh... Mr. "7wki.ns: Instead of bringing it back? Mrs. Dougherty: Yes, sir. Mr. Dawkins: That's OK with you, Mr. Cather? Mr. Cather: And we shall also try to replace one of the members on the committee with a private, outside firm. Mr. Dawkins: No, not "shall." You're using the wrong verb. "Will." Mr. Cather: Well, yeah, all right, "will." Mr. Dawkins: OK, OK, Thank you. OK, thank you. Mr. Cather: If we can legally do it, that's fine. Mr. Dawkins: All right, sir. I'll move it with the modifications. Mr. Cather: No, we're... Mr. Plummer: Second. Mrs. Kennedy: Second. Mayor Suarez: Moved, seconded. Any discussion? Call the roll on Item 37. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 86-912 A MOTION AUTHORIZING A14D DIRECTING THE CITY MANAGER TO SOLICIT PROFESSIONAL SERVICES FOR LAND SURVEYING TO BE FURNISHED TO THE CITY, WITH THE REQUEST THAT MORE INPUT BE OBTAINED FROM THE PRIVATE SECTOR WITH RESPECT TO THE SELECTION OF SUCH PROFESSIONAL SERVICES. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote- 91 November 13, 1986 AYES: Cotomirrioner J. L. Plummer, Jr. Commissioner Rorarlo Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: gone. ABSENT: Com_lriFFioner Joe Corollo 12. ALLOCATE I ITH 17,AR COM,t M47TY DEVELOPMENT BLOCK GRANT FUNDS FOR SOCIAL SERVICES TO TWO (A) CATHOLIC COMMUNITY SERVICES INC - CENTRO HATER CHILD CARE FROGRAI, (B) COCONUT GF.Vr FAMILY ".EALTH CENTER, INC.) Mayor Suarez: Item 40. Mr. Dawkins: Item 40. Mr. Odio: Forty, 40. Mr. Frank Castaneda: Commissioners, on July 24, 1�... Mr. Dawkins: I have one question, sir, only. Will there be any additional funds coming up as closeout, as we acquire these funds? Mr. Castaneda: No, the closeout of Community Development, this completes that, and there's no more monies there. Mr. Dawkins: No more money, period. Mr. Castaneda: Period. The ... we... Mr. Dawkins: OK, in the event that you find some, add it to the $565 you're giving the Coconut Grove Family Health Care. Mr. Castaneda: OK. ` Mr. Odio: Yes, sir. Mr. Dawkins: If you don't find any, I don't expect any addition. If you find some, I expect it. Move 40, please. Mayor Suarez: So moved. Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Call the roll on 40. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-913 A RESOLUTION ALLOCATING $20,565 OF ELEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR SOCIAL SERVICES TO THE FOLLOWING AGENCIES: $20,000 TO CATHOLIC COMMUNITY SERVICES, INC.-CENTRAL HATER CHILDCARE PROGRAM AND $565 TO COCONUT GROVE FAMILY HEALTH CENTER, INC.; FURTHER AUTHORIZING THE CITY MANAGER TO AMEND EXISTING AGREEMENTS WITH SAID AGENCIES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- sr- 32 November 13, 1986 0 AYES: Commissioner J. L. Plummer, Jr. Commissioner Roserio Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier. L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 13. ALLOCATE l2TH YEAR COMKUNITY DEVELOPMENT BLOCK GRANT FUNDS - CREATE ECONOMIC A.Ki> rHYSICAL IMFRO«MENT FUNDING POOL FOR IMPLEMENTATION IN TARGET AREAS. Mayor Suarez: Item 44. Mr. Dawkins: Item 44. Mr. Castaneda. It says, "the allocation of said funds will be used for the purpose of implementing economic development and/or physical improvement projects. Name some of the economic development -type projects we're talking about. Mr. Castaneda: Conrnissi.oners, the intent is to create a mini-UDAG for the City of Miami. UDAG's in the national scale really have to be in excess of a million dollars, to be feasible to submit a UDAG appl.Ication. What we're talking about a.e small projects that could have an impact in the different target areas of the community, that right now are missing out, because the UDAG program is too high, and create a middle ground. Mayor Suarez: lie wanted examples, Frank. Mr. Dawkins: That was physical - that would be a physical improvement, right? Mr. Castaneda: Right. Mr. Dawkins: Well, name me some...OK, all right, I'll get... Mr. Castaneda: It could be... Mr. Dawkins: All right, let me bring it down where you can understand it - I mean, answer what I'm saying. What physical improvement projects you going to put in Wynwood, Allapattah, Liberty City, and Little Havana? Mr. Castaneda: It will be on an application -wide basis. People will have to submit applications, either not -for -profits or for profit entities. Mr. Dawkins: All right. Now UDAG would be physical. Now, what are you going to do for economic development? Mr. Castaneda: Well, an economic development project that would not be of a physical nature, might be, working capital required by a business to expand. But most of the projects would be of a physical nature. Mr. Odio: Commissioner Dawkins, if I may contribute something. The one change that Y want here is that prior to approval of any one of these awards, that they come to the City Commission and not to the City Manager. I would prefer... Mr. Plummer: Well, but, you see, that's not in here. Mr. Castaneda: No, we're... Mr. Odio: No, that's what I want to change here. I just picked that up, that - I prefer that you make the final decision, based on the needs that you know that we have. Mr. Plummer: Well, I think it's more than that. I think that we've seen some things in areas where people came and screamed and hollered, and why spin our wheels in those particular areas when there are areas that people want it. 33 Nov,;raber 13, 1986 Mr. Odio: That's right. Mr. Plummer: So, you know, I think that that 1e...11ve got one other... Commissioner Deakins, are you finished? Mr. Deakins: No. gee, the only thing I went to add is that we don't have the same old recyclfd people for this Committee, too. I'm finished, Mr. Plummer. Mr. Flummer: OV. J Rot a problem. And J don't know whether I do or not, but let me ask the guastion. J got a problem of g;ving. ... ellocFting of funds for profit companies. Mr. CastanedF: Commissioner, we went into a long discussion on that, end the Intent was thpt if R projectwill hRve a tremendous impactin a community, and the corporation hAppenc to be for profit, end it's motivated end it will create jobs, you know, should we exclude those people from participating? And, originally our intent was to limit It to not -far -profit, but that was the logic that went in expanding it for profits. Mr. Plummer: Well, I'll tell you, I would rather try it for a period without for profit, than to go and just...I think I got a problem with that, I really... Mr. Castaneda: Let me give you an example. In the Live And Let Live project, remember, we went through the Allapattah Merchants Association as a nonprofit entity. Later on we had problems with them, and we had to enter into contract directly, and that was the whole issue that we discussed. Mr. Plummer: Well... Mr. Castaneda: It's up to you - you know. Mr. Odio: If you notice what the privatization...I don't think there's anything wrong with having a for profit, providing they're providing a public service and putting people to work. Mr. Plummer: Yeah, but you see, you're saying go in to companies that are for profit, without telling me that they're limited to, let's say, X percent profit. OK? You know, in the private sector - and I have nothing against the private sector, but I do when they're using community federal monies - I'm saying to you that I think that the City in the long run comes out better not having to line, or to pay a company a profit, than we do on one that we have to pay a profit. I just - I really got a problem with that. Mr. Odio: But J.L., the reason for economic development is to put people in business, for profit, to create jobs, and that's precisely what we're trying to ,^complish. What you're saying is the opposite of that. Mr. Plummer: Yeah, no, that's not what you're trying, as I understand it. Mr. Odio: Economic development. And if we go into a... if we can develop a new business, or an existing business, we can strengthen it by doing —and this will create jobs, that's what we're trying to do. Mr. Plummer: How does this differ, then, from Miami Capital Mr. Odio: It is not different than Miami Capital. Mr. Odio: This is...but these are... Mr. Plummer: So we're going to have a separate agency, then. Mr. Bailey: Commissioner, may I try to explain this... Mrs. Dougherty: Almost. Mr. Bailey: ...if we may? We have problems in certain inner -City neighborhoods where it's extremely difficult for businesses to be developed in certain streets, or for people to come in and get certain funds from banks to develop these businesses, to open up these convenience business services that a lot of the neighborhoods need. This really is a demonstration project that 34 November 13, 1986 Community De%�olopmprt cprrr up Kith, which I think is credible, becauee it patterne itself after the federel U`PAG program. And whet it ropily eRys, that in those areas hero p businpFF pprsc•n that desireF to open something up in one of o"r tprp°t np3ghhrrhrrdf - A))ppgttph, or mpybe 1-A berty City er.d Little Havana, and the:- h€or p shnrtfp)) rf crp3tF1, money which they can't get from private lFnd3n& 5nFtitutirnr, and their businesses are needed in that neighborhori this v3)) fi)) the gap. Mr. Plummer: Are they ppying it back? Mr. Bailey: Oh, yes, it'F a loan. Mr. Plummer: Plus interest? Mr. Bailey: It'F a lopn. It's a loan plus interest. It works the same as the federol Ul)A(= program. We think that program has been a ve r credible demonstration around the country, and we want to use this as a demonstration In the Citc of Mla.mi, to get other businesses opened up in those areas for which they . n't get. loans. And sometimes, the difference of $15,000 to $20,000, of salt money determines whether or not we got a property on the tax rolls or Mhethcr we have an abandoned building. Mr. Plummer: All right, let's try it.. Mr. Odio: But with the caveat that it would come to you prior to awarding the project. Mr. Plummer: Yeah, OK, all right. We got that safeguard built in. I'll move 44. Mayor Suarez: So moved. Mr. Dawkins: Second Mayor Suarez: Seconded. Any discussion? Call the roll on Item 44. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-914 A RESOLUTION ALLOCATING $730,000 OF TWELFTH (12TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO CREATE AN ECONOMIC DEVELOPMENT AND PHYSICAL IMPROVEMENT FUNDING POOL, FOR THE PURPOSE OF IMPLEMENTING ECONOMIC DEVELOPMENT AND PHYSICAL IMPROVEMENTS PROJECTS THROUGH CONTRACTUAL AGREEMENTS IN THE FORM OF A GRANT OR LOAN, SAID PROJECTS TO BE LOCATED IN THE CITY OF MIAMI COMMUNITY DEVELOPMENT TARGET AREAS WITH PROJECT FUNDING BEING AWARDED BY THE CITY COMMISSION IN THE FOLLOWING MANNER: PROJECTS WITH A TOTAL COST NOT EXCEEDING $50,000 WILL BE FUNDED FOR FIFTY PERCENT (50%) OF THE TOTAL COST, PROJECTS COSTING $50,001 AND ABOVE WILL REQUIRE MATCHING FUNDS AT A MINIMUM RATIO OF TWO (2) TO ONE (1); AUTHORIZING THE CITY MANAGER TO EXECUTE COMMISSION -APPROVED AGREEMENTS, FOLLOWING THE APPROVAL BY THE CITY COMMISSION, THE CITY MANAGER WILL BE AUTHORIZED TO EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THOSE NOT -FOR -PROFIT AND/OR FOR- _ PROFIT ENTITIES SEEKING SAID GRANT/LOAN WHOSE PROJECTS SUCCESSFULLY MEET THE SCORING REQUIREMENTS AND LEVERAGE AMOUNTS AS SET FORTH HEREIN IN THE ATTACHED MEMORANDUM. (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- 35 November 13, 1986 AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy Mayor Suarez: When ere you going to have these on the drawing board, Frank, or Herb, so we know how quickly we can get moving on it? Mr. Castanedp: Ve're going to be preparing the advertising, and things like that. What we're trying to do is to have two rounds, to give everybody an opportunity, and I would assu.rme that within two we'll be getting proposals. _ Mayor Suarez.: We also contact, by mail or phone call, cert.pin groups that we expect will be... �. Mr. Castaneda: All the non -profits will be contacted, as well as different associations. Mayor Suarez: All the CBO's and ... OK. ------------------------------------------------------------------------------ 14. CONTINUED DISCUSSION: BRIEF COMMENTS IN CONNECTION WITH DEVELOPMENT OF A FULL SERVICE BOAT YARD FACILITY AT THE MERRILL STEVENS DRY DOCK COMPANY LEASED PROPERTY. (/'SO SEE LABEL #4) ------------------------------------------------------------------------------ Mr. Plummer: Mr. Manager, even though 45 is passed, in reference to Merrill - Stevens, when are we going to see any kind of a draft proposal as it relates to that subject? I'd like to have it more than five days prior to the meeting. Mr. Odio: I will have it to you prior to... let's see if I can get it to you in two weeks, or sooner. We have a selection committee in place, waiting for this proposal, and they are from the private sector, with a few staff, and we will be in a public hearing on December 11, but I'll try to have it to you by next week - a draft of the document. Mr. Plummer: Thank you, sir. 15. BRIEF DISCUSSION ON PASSAGE OF AGENDA 43 (SETTLEMENT RE CONDEMNATION PROCEEDINGS OF 21 PARCELS ACQUIRED FOR OVERTOWN URBAN INITIATIVE PROJECT. (ALSO SEE LABEL #61) ----------------------------- ------------------------------------------------- ` Mayor Suarez: Madame City Attorney, in view of savings that you tell us we accrued during the Consent Agenda vote, including the Consent Agenda vote, do you want to make a recommendation on acquisition of another parcel in the Overtown/Park West project? Do you want to explain that to the Commission? Mrs. Dougherty: Yeah, with your approval of Item 43, the City has saved approximately $1.5 million dollars to $3,000,000 on the top end, in a court settlement. With that savings, we can now acquire one of the last two parcels in Block 25, which is the Cruise Development site, for $8.83 per square foot. We're recommending it, the Department of Development is recommending it, and we'd like your favorable consideration at this time. a Mr. Plummer: Which item is that? Mrs. Dougherty: This is a related pocket emergency item. 36 November 13, 1986 Mayor Suarez: No, it's not on the Agenda. Mrs. Dougherty: That I have passed out to you. Mr. Plummer: I don't have P copy of it in front of me. Mrs. Dougherty: I pF«pd the- Fl l out to you last week. Mr. Plummer: I don't hFvp it. in f rent of me. I'll as: that it be not voted on until Fuck tirr!e FF eFch Commissioner has P copy in front of him and members made avFilPble to the public. Mayor Suarez: OK, when did we pet that, so everybody can try to review it between now Fnd later on the afternoon, in cPse the Commission is disposed to vote on it.? Mrs. Dougherty: We hPnd--delivered it to you last week, but I will make copies right now. Mr. Plummer: Mr. Mayor, the reason I'm asking for that is, that we have about = at least two other items on the Agenda relating to it, and yet I keep being told, and I guess the rest of the Commission is, that that fund is got a zero balance. And I'm wondering where all. these monies ars- suddenly coming from. _ They're talking about the Max Bauer property, and I understand there's maybe something Innovative there. Mr. Odio: No, that's the Offstreet Parking Authority. Mr. Plummer: Well, OX, you know, and we've got the Camillus House. Mr. Odio: No, Max Bauer went to the Offstreet Parking one. Mayor Suarez: Why don't we do a...It sounds like everybody's going to want to _ know a lot more information. Mr. Dawkins: Is Camillus House coming up for discussion? Mayor Suarez: No. Mr. Odio: Yes, it is, sir. It's on the Agenda as a discussion item. - Mr. Plummer: Yeah, OK. Mayor Suarez: Why not, on the other item, Madam City Attorney, why don't we pass ... when you get a chance, have passed out to us the materials that you previously passed, in case the Commission later wants to consider it during the day. Mr. Odio: Do you want the answer on funding now? Mrs. Dougherty: The funding, by the way, is coming from the Housing Bond Funds. Mr. Matthew D. Schwartz: Commissioner Plummer, there were 12.1 million dollars of 1976 G.O. Housing Bond Funds that have been allocated to the Southeast Overtown/Park West project to date, and with the court settlement the way it is in place now... Mr. Plummer: When did this Commission authorize the transfer of those funds? Mr. Schwartz: Those funds were authorized in 1983. Mr. Plummer: No, no - transfer from what it was sold as, to the Southeast Overtown. Mr. Schwartz: That was in 1983. ' Mr. Plummer: This Commission authorized... Mr. Schwartz: This Commission, yes. Mr. Plummer: ...that trans-`ar? 37 November 13, 1986 Mr. Schwartz: Right. And in 1985 you authorized the utilization of that t6 purchase 71 parcels... Mayor Suarez: That's basically what we've been using to buy... Mr. Schwartz: Yeah - that.'s... Mayor Suarez.: ...most of the parcels in Overtown/Park West. Mr. Schwartz: All... almost all of them. Mr. Plummer: OK. Mr. Schwartz: There is a balance of about $700,000 now, with the court settlement, and this property is $154,000. It's two out parcels. We own ... we have purchased seven of the nine parcels in that block already. 16. EMERGENCY ORDINANCE: AMEND 10039 - FORMALIZE COMMISSION ACTIONS AND IMPLEMENT BUDGETARY ADJUSTMENTS. Mayor Suarez.: Item 46. Mr. Odio: Yes, sir. This is an accounting type entry, normally done at the end of the fiscal year, to appropriate items not appropriated, and to adjust other items. A detailed breakdown of the been adjusted is included in the backup of the ordinanc . Mr. Dawkins: Mr. Manager. Mr. Odio: Yes, sir. Mr. Dawkins: I got a problem. Every time I look up, you and Mr. Surana are sending me some papers showing me where we're, for the lack of a better word, juggling funds from one account to another, and by the time I think we've accomplished that, I get another memo saying you're juggling them back. And then when I look up, I got another memo saying, "No, we didn't do it right that time. We got to go back and do it this time." Mr. Odio: I don't think we said that. Mr. Dawkins: Can you let Mr. Mano explain to me the necessity of this, and why, if we do this, we would not have to do nothing like this again? Mr. Odio: Don't say that we'd never do it again. Mr. Dawkins: Anybody, anybody. Mr. Carlos Garcia: Yes, Mr. Vice -Mayor. We're not juggling funds back and forth. We're just adjusting some of those transfers to reflect the actual revenues for the year. For instance, one of those... Mr. Dawkins: Actual what? Mr. Garcia: Revenues. The Utility Service Tax, we are transferring an additional $2,000,000 from that account into the Pension and the Self Insurance Trust Funds. The books of the City are very complex, because we have a separate fund for every type of revenue. So, that's why there are so many requirements to transfer funds back and forth. We're just adjusting some of those accounts, and in some other cases we're just finalizing some transactions the City Commission has approved before. Mr. Dawkins: What you're telling me is that we passed a balanced budget, and while the budget was balanced, we have now determined that object code A, object code B, object code C, object code D, is not sufficiently funded. So now, therefore, we are going back to object code N, 0, P, Q, and we're going to take funds out of those and come back and put them into object codes A, B, and etc. Is thet what you're saying to me? 38 November 13, 1986 t Mr. Garcia: That's basically right, Mr. Vice -Mayor. In addition to that, as you know, the budget is an estimate as to what is going to happen during the year. This transfer relFt.es to last fiscal year. And, of course, the budget was prepared Plrrost P yePr end P half before, end although it's been adjusted throughout the year, ve rfpfd further Pdjustments to it, to make the budget agree vith the ectt.tel revfrues end frpFnditurFs of the City. Mr. Davkins: How mFny rnnrr F6jvstrPPnts o-F'I) probFt�ly make? Mr. Garcia: This willl be the 7FFt Fd{ustment for 1986. Mr. Dawkins: It should bF. We're in fiscal yepr 187 now. Mr. GarciP: That's right. We should, Fs we go throughout the year, adjust the '87 budget to reflect chenging conditions. Mr. Odio: Commissioner APwkins, vhet. hRppens is, you make assumptions when you prepare R budget of certPin revenuer:, and if those revenues, either they are not collected, or otherwise, you have to make adjustments. Mr. Dawkins: OK. No further questions, Mr. Mayor. Mr. Plummer: Move 46. Mayor Suarez: Item 46 moved. Hear a second? Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Call the roll on Item 4—read the ordinance. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 2, 3, 4, 5, AND 6 OF ORDINANCE NO. 10039, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1986, AND ADDING A NEW SECTION 5.1 TO SAID ORDINANCE FOR THE PURPOSE OF FORMALIZING CITY COMMISSION ACTIONS AND IMPLEMENTING BUDGETARY ADJUSTMENTS TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS OUTLINED BY THE CITY'S EXTERNAL AUDITORS; 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo . 39 November 13, 1986 Although absent on roll call Commissioner Carollo requested to be shown votihS with the emergency ordinance.* SAID ORDINA.I'CE VIAS DESIGNATED ORDINANCE NO. 10177. The City Attorney read the ordinance into the public record and announced that copies were av wpble to the members of the City Commission and to the public. 17. EMERGENCY ORDINANCE: KMEND CITY CODE - REVISE FEE SCHEDULES FOR CITY OF ;IAMI GOLF COURSE. ---------_-----------------------.-------------------------------------------- IL Mayor Suarez: Item 47. Mr. Odio: This is an emergency ordinance proposing to change the cart fees and the fees at the golf courses. We have discovered through —that we are not ... we are lower then other golf course: in the area. We are in a deficit position in the golf courses, and in order to increase, in the amount of $82,C00, the revenues, this would keep us competitive, and it would help us get out of the deficit situation. Mr. Plummer: Defend the emergency aspect of it. Mr. Odio: It's that December 1st is when the season begins in the golf courses, and ve couldn't wait until December llth to implement these new fees, and we will lose revenues. Mr. Plummer: You've known about it for three or four months. Move Item 47. Mayor Suarez: Moved. Mrs. Kennedy: Are City retirees going to get a break on this? Mr. Odio: Yes. Mrs. Kennedy: OK, second. Mayor Suarez: Moved and seconded. Is this the only property, or activity, that is totally outside City limits, that we run? This doesn't... Mr. Odio: You mean the Miami Springs... Mayor Suarez: Yeah. Mr. Odio: ...Golf Course? I think that - well, no, you have Virginia Beach. I don't know whether that is... - Mayor Suarez: Virginia Beach. I guess some areas, it gets a little tricky. Mr. Odio: No, I think we are part of County there. I think. Mayor Suarez: How did it come to be, if I may ask, that... Mr. Odio: Miami Springs ... oh. Mr. Dawkins: Ask J.L. He's been here longer than us. He'll tell you. Mr. Plummer: Oh, yeah, Miami Springs, Mr. Mayor, is where the City of Miami gets all its water from. Underneath of that golf course is, in fact, all of the fresh water that comes into this City, and we own the property. ' Mayor Suarez: That water goes to the Water and Sewer Board, which is not administered by us. Mr. Plummer: No, but we own all of the property, and underneath of it is the fields, which can't be sold, really. 40 November 13, 1986 Mayor Suarez: I presume the Water and Sewer Board has control of that. Mr. Plummer: Not of the property - just the flow. Mayor Susre7: Of the vater, yaFh. Veil, it might be interesting some day to Bell that and use the money for something R little more useful to Miami citi7enF then plFying golf out. there. Mr. Dawkins: I'm glpd to heFr you spy tbpt., because I'm getting ready now to take g piece we're going to Fell this Ffternoon. Mayor Sueres: OK, cell the roll on this item. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SUBSECTIONS (A)(2) AND (B)(1) AND (2) OF SECTION 30-53, ENTITLED "GREEN FEES" AND SUBSECTIONS (A)(1) AND (B) OF SECTION 30-5L, ENTITLED "CART FEES"; AND SUBSECTIONS (B) AND (E) OF SECTION 30-55, ENTITLED "SPECIAI. RATES" OF THE. CODE OF THE CITY OF N,IAMI, FLORIDA, AS AMENDED, BY REVISING THE FEE SCHEDULES FOR CITY OF MIA141 GOLF COURSES; 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Kennedy, adopted said ordinance by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10178. 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. 41 i November 13, 1986 — - — --------------------------- — ------------------------------- — -- 19. EMERGENCY ORDINANCE: AMEND 10100 - (REGULATION OF NON -MOTORIZED VEHICLES FOR HIRE) - ADD NEW RESTRICTIONS & LIMITATIONS. ------------------------------------------------------------------------------- Mayor Suarez: Item 48. Mr. Odic: That's the rickshaw ordinance. As per the Commission's instructions, October 23rd meeting, this ordinance has been prepared as an emergency measure, and contains specific provisions recommended by the Police Department to promote public safety, and to properly regulate the operation of rickshers. This ordinance also removes the restriction that there shall be no operation of human -powered vehicles, i.e., rickshaws, between the hours of sundown snd sunrise on both Tridays and Saturdays, in the central Coconut Grove district.. Mr. Plummer: I asked at the last meeting that recor.mendations, and included in this ordinance was that relating to the horse-drawn which is now on the scene. There's nothing in here that I ... this is human -powered, not horse - powered. Mr. Odio: The horse ... this is only for... Mr. Plummer: I asked that it be included in this. Mrs. Dougherty: I thought we... Mr. Odic: Well, why can't we make a separate... Mrs. Dougherty: Yeah, I didn't think that he had told us to. (INAUDIBLE COMMENT) Mrs. Dougherty: Yeah, you asked him, and he didn't know... Mr. Plummer: I asked him to include it in here, and they said they would. Mrs. Dougherty: Well, it's not. Mr. Plummer: It's not here. Mr. Odio: Can we prepare a separate ordinance for horse... Mr. Plummer: I don't care how you do it, but I think you got to address the problem. Mr. Odio: Why don't you pass this one; we'll bring the horses back. Mr. Plummer: OK. I'm going to move Item 48 with the proviso that's saying that if you read this ordinance, it's unenforceable, OK? I think it's absolutely crazy. To say what is "shoulder high," what is a "spin," what is a "turn," what is whatever else these descriptions they have in here; but I agree that whatever they came up with, for the interest of safety, that I would vote for. And I think anything is, we're going to try it, see if it works, improves the situation, and if it doesn't, I'm sure it will come back to this Commission. But, as I read this thing over, it's going to be almost next to impossible to try to enforce. Mrs. Kennedy: May I ask you something, Mr. Mr. Plummer: Excuse me, let me read it. "It shall be illegal to operate, maneuver, incline, spin, tilt, tip, slope, or position a human -powered vehicle in any manner." Now who in the hell is going to make that determination? Mrs. Kennedy: Our police. Mr. Dawkins: Me. I'm going to know when they... Mayor Suarez: I know a tilt when I see it. 42 November 13, 1986 (Laughter) Mr. Plummer: I want to tell you something. I want to be invited to the first time this one goes to court. Mr. Ppykins: We're going to put pinball machines on it, where they say "tiitf'. (Laughter) Mayor Suarez: A gravity mechanism that tells you when it's tilting. OK. Any further discussion, intelligent or otherwise? Mrs. Kennedy: }eph, I hAvr so--iething. It says, "By adding thereto an additional reason for denying, suspending, or revoking the occupational license of t.t,R porton engaged," blah, blah, blab - what are the reasons now for getting P IicEnse revoked,... Mayor Suarez: Which ores have you added... Mrs. Kennedy: ...and what are you going to be adding? Mayor Suarez: ...as a reason... Mr. Plummer: There are no provisions. Mrs. Kennedy: By adding these... Col....el Arthur Vincent: Colonel Arthur Vincent, hair' Police. I'm sorry, Commissioner, 1 didn't understand the question? Mrs. Kennedy: OK, it says "by adding thereto an additional reason for denying, suspending, or revoking the occupational license." What are you going to be adding to, and what Is ... what are the reasons for getting the license revoked at this time? Col. Vincent: Well, there already were provisions to revoke it for fraud or misrepresentation, and then a failure to comply with any provision of the ordinance. We added to it, "to endanger the public health, safety, or welfare, and to knowingly and unnecessarily impede the flow of vehicular or pedestrian traffic." We were going to document incidents of this... Mr. Plummer: That was added from the first proposed ordinance. Mr. Carollo: I see the chairman of the Coconut Grove Chamber of Commerce back here somewhere. Maybe we'll get some input from him, too. Stuart? Mr. Sorg. Mrs. Kennedy: Mr. Frogman. Mr. Plummer: Where's the Admiral? Mr. Odio: That's what he is, a frog, all right. Mr. Plummer: No, he's not a frogman, he's a s... Mr. Carollo: I believe you sent plenty of letters that stated that you had an interest in this item? Mayor Suarez: The rickshaw ordinance. Do you agree with it in its entirety, disagree with it in its entirety? (INAUDIBLE COMMENTS OFF MIKE) Mayor Suarez: Yeah, why don't you get close to the mike, give us your name and address, Stuart? Mr. Stuart Sorg (MIKE PROBLEM ON #4): Stuart Sorg, reside in Coconut Grove. I'm president of the Coconut Grove Chamber of Commerce. We submitted a letter supporting the rickshaw program, but with some basic ideas we thought ought to be incorporated in the resolution, anyway. In particular, the... if I can read those, if you'd like - whatever you'd like me to do. Want to read it - want to go over them? 43 November 13, 1986 Mr. Carollo: If you'd like to. Also, excuse me, Stuart; th6t6' 6666 representatives here from the rickshaw people. Mr. Sorg: Yes, sir. Mr. Cether: I'm Pure they would like to also talk, when you're done. Mr. Sorg: The recommendations from the Chamber of Commerce are as follows: That we develop a 'llriver Nice" program, similar to the Miami Nice program that's been instituted at Barry College. The Chamber would do that, in that each of the drivers would go through a training session prior to going on the street. The ric_kshews would hpvp headlights and taillights and reflectors and properly licensed, rnd be proper i.ncurance protecting the riders, as well as holding the City harmless. There would also be a specific number of rickshaws on the street, maybe just twelve, or whstever, but, that would be a limited number so that we. don'toverpower the streets with them; and that the Folice and the Chamber of. Commerce jointly establish the rickshaw operating procedure, that would govern the operation of the rickshaws on the street; and that there would be established geographical locations where the rickshaws would operate, so that we would... people would know that they're in that area, and they'd be rickshaw operating areas. There would be specific hours of operations for the rickshaws - nights, Sundays and holidays, and so forth. We feel they're an important contribution to the ambience of the Grove, and we would endorse the program with these additions. Mr. Plummer- Colonel, he brought up one point, I think, that is important, and that's the point about insurance. Is that ... I don't find that in here. , UNIDENTIFIED SPEAKER (OFF MIKE): How about the original ordinance? Mr. Plummer: Maybe it's in here that I just don't... Col. Vincent: I have $500,000 minimum insurance, Commissioner, for liability, I believe is in the original ordinance. Mr. Plummer: OK. Mayor Suarez: I assume, by the way, the silence of the rickshaw operators that are out there, or owners, to mean that you're satisfied with the new proposed amendments, and so on. (INAUDIBLE COMMENT, OFF MIKE) Mayor Suarez: For the record, yes. Tom - Chi, right? Is that how you...? How many are in operation? I see one item here that refers to "no more than twelve." That's so obviously an arbitrary figure, but what, just to have an idea, how many do we have? Col. Vincent: Mr. Mayor, I'm not sure, but the most we counted during the study was twelve. Twelve on the street. Mrs. Kennedy: Well, remember I hope to see the day when we can see them in i Bayside, and in the Latin Quarter. I have big plans for you. Col. Vincent: Commissioner Plummer, that was on page 7 of the original j ordinance. Mr. Plummer: Ok, as long as it's there, that's all I want to... Mayor Suarez: Stuart, if I may suggest you monitor, the Chamber monitor the implementing of the new ordinance. We've gone through it so many times and made so many modifications, and any amendments can be made as you suggest. Mr. Sorg: Could you just adopt these principles as a supplement to the ordinance, and let us... - Mayor Suarez: Well, a lot of them incorporate what we have done, which is to work out more than a policy. We've worked out an ordinances, a whole new ordinance that didn't even exist before. So we've gone further than some of the things you state here. Limiting to a specific number, you know, that's 44 November 13, 1986 going to get us into a situation where the new epplicgnts are going to want to say that somehow that'F moncpoliz.ing, and we have to shay - I don't know what the legal impl3Cations of that ere. If we hFve too many, we're going to have to pit down and work out a whole new ordirance, I guess. Mr. Sorg: it'd be like the cFb business, you'd hr_vp F roecallian situation or romething. Mayor Suarez: Yeah. Then the County's going to say we cFn't get into the tr*nsport.a-tion business of rickshaws. Any further discussion from the Commission? Mr. Sorg: Vhat ebout the ChambFr's "Miami Nice" progrpm in Coconut Grove. Can vie institute that.7 Mayor Suarez_: Oh yeah, but do you think that ... that doesn't need to be built Into on ordinance. Yeah, that's a great suggestion. Great suggestion, we'll ... and if you need a letter to that effect from my office or from the Commission, I think we'll distribute one for everyone's signature, calling for that program. I hope you're not asking for funding for it. I hope the Chamber can fund it. Mr. Zorg: Oh, sure. We just want to adopt what we had as any supplement, along with the ordinance. ayor Suarez: The - 2rators have any problem in participating in that progrpm? Make you gu,a nice guys, and all that? Maybe get you a nice, clean shave, Tom? (INAUDIBLE COMMENT, OFF MIKE) Mayor Suarez: What? (INAUDIBLE COMMENT, OFF MIKE) Mayor Suarez: Positive change. I don't think there would be any problem with that. We want to have...do you want to have a resolution encouraging that, on the part of the operators? That they participate in that? Mr. Sorg: I'd just like to have a motion that you adopt our letter, so we can get busy with it. Mayor Suarez: Well, the letter's a little bit more complicated. Mr. Sorg: There's some items on there that are ... that you... Mayor Suarez: Certainly Item A could be in the form of a resolution encouraging all the operators and owners to participate in that, and that you would coordinate it. Mrs. Kennedy: Stuart, where is ... I didn't get a copy of the letter. Mr. Sorg: Mr. Plummer, did you get a copy of it? Mr. Plummer: I remember seeing it. Mr. Sorg: OK. I know they were hand -delivered. Mayor Suarez: See, if we accept... build the whole letter into an ordinance or a resolution, you've got things like hydrofoils, and gondolas, and all kinds of other references in there. Mr. Sorg: Well, just those... just those... Mayor Suarez: Don't want to get into that just yet, at least... Mr. Sorg: There's only A through F that are specific motion items. The rest of it is just paragraphs. Mayor Suarez: Yeah, we could always approve in principle the ideas incorporated in your letter. OK? 45 November 13, 1986 Mrs. Kennedy: OK. Mr. Plummer: I moved it. Mrs. Kennedy: I think you moved it, and I'll second it. Mayor Suarez: The ordinance is moved and seconded. We're also incorporating the approval, in principle, of the suggestions incorporated in your letter. Moved and seconded. We need to read the ordinance. Call the roll. -' NOTE FOR THE RECORD: Letter under discussion above is from Stuart Sorg to City Manager Cerer Odic, dated November 7, 1986. Mr. CProllo: Fvcur-P me, did snyone... did everyone get the opportunity to speak on thin itprr7 Mr. DswkinF: Anybody who wanted to? Mr. Corollo: The people from the rickshaws, they wanted to speak on this or not? Mayor Suarez: The operatora5 or owners, you went to be heard on this? Mr. Dawkins: All the ricksha« owners beck there, you want to be heard? Mayor Suarez: Tom? Keeping in mind that you might lose momentum here. Mr. Dawkins: You're off and running, so ... but the Commission is offering anybody a chance who wants to speak. Mayor Suarez: Give us your name and address. Mr. Mike Bellows: Mike Mellows. I'm one of the owners of one of the companies out there in the Grove, and it's been a long, hard battle, and I just want to say, because of the controversy and the feuding we've had, and stirring up negative feelings in the business community of the Grove, I always wanted to impress on everybody that it has been my intentions to try to cooperate with everybody, and the least that I ever wanted was to fight with anybody. Just like everybody else, I don't want to see wild drivers out there, jumping up and down, and being dangerous in traffic, just like anybody else. So, you know, I like to think that we can start on a fresh, new road; that these regulations and ordinances can help promote the business, instead of just inhibiting the business, and I'm looking forward to cooperating with the Chamber of Commerce, and thank you for everybody's efforts. Mayor Suarez: Great. That's what we need - the spirit of cooperation. Do you second all that? Great. Tom Chi, for the record. OK, call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10100, ADOPTED APRIL 22, 1986, WHICH REGULATES NONMOTORIZED VEHICLES FOR HIRE, BY REMOVING THEREFROM A TIME LIMITATION SET FORTH THEREIN UPON THE OPERATION OF HUMAN -POWERED VEHICLES IN THE CENTRAL COCONUT GROVE DISTRICT; ALSO, BY ADDING THERETO ADDITIONAL RESTRICTIONS AND REGULATIONS UPON THE CONDUCT OF CHAUFFEURS OF NONMOTORIZED VEHICLES; AND By ADDING THERETO AN ADDITIONAL REASON FOR DENYING, SUSPENDING, OR REVOKING THE OCCUPATIONAL LICENSE OF THE PERSON ENGAGED IN BUSINESS AS THE OWNER OR PROPRIETOR OF A VEHICLE REQUIRING A LICENSE UNDER SAID ORDINANCE; MORE PARTICULARLY AMENDING SECTION 2D(3), SECTION 3A(2), AND SECTION 5B OF SAID ORDINANCE; 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- 46 November 13, 1986 Cj n AYEM Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. F^---upon the Commission on motion of Commissioner Plummer and seconded by Commissioner Kennedy, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Con-.°ssloner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10179. The City A.torney read the ordinance into the public record and announced that copies were available to the mambers of the City Commission and to the public. Mayor Suarez: Colonel, we want to commend you for the work you've done in putting together this ordinance, and Stuart, for your help. 19. EMERGENCY ORDINANCE: ABOLISH DEPARTMENT OF COMMUNICATIONS (CONSOLIDATE FUNCTIONS WITH DEPARTMENT OF COMPUTERS; DEPARTMENT OF DEVELOPMENT AND DEPARTh.:JT OF COMMUNITY DEVELOPMENT. ----------------------------------------------------------------------------- Mayor Suarez: Item ... what is it, 507 Forty-nine. Mr. Odio: Forty-nine, sir. Mayor Suarez: Forty-nine. Odio: This is the abolishing of the Department of Communications, and assigning the Cable Communications Division of said Department to the Department of Computers; and the section of the Public Affairs Division to the Department of Community Development. NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION BRIEFLY DISCUSS IMPROVEMENTS TO CITY COMMISSION CHAMBERS. Mayor Suarez: I'll entertain a motion on Item 49. Mr. Dawkins: Oh, 49? Here again, Mr. Manager, we're going through another one of these transitional periods. Now, you're going to move Ms. Godoy and Ms. Fernandez to the Department of Communications, right? Mr. Odio: No, sir. She's going to the Department of Development. Mr. Dawkins: They are going to be going to the Department of Development. Mr. Odio: Yes. Mr. Dawkins: OK. How many people do we have, sir, in Communications? Mr. Odio: In the Department of Communications? I don't remember the total number of people, sir, because you have the Cable Division and the Public Affairs Division. 47 November 13, 1986 Mr. Dawkins: OK. Mr. Odio: Some of them are being transferred to the Department of Development -- two of them ere. The others are being transferred to Community Development, end the Cable Division is transferred to Computers. The reason for thet is that since, we obtpined the I -NET system from cable, from the cable system, end it is F er.phisticatfd computeri2ed system, thst'r ehere the Cable Division functions bFt.tpr. Mr. Dawkins: OK. Explain to me, rir, if you put seven people in the C.D. - Community Development - and on your targeted savings for fiscal year 187, you have asked them to rave $65,000. How are you going to add seven people to the staff, and how sre they going to arrange - somebody needs to tell me how they're going to arrange it, ray*ing $65,000. Mr. Odio: Commissioner, the action you're taking here today is transferring part of the budget of the Department of Communications to the Department of Community Development, but the targeted savings is after you add this to the budget, it still can save $65,000. Mr. Dawkins: Sixty-five? I thought this book said $131,000. Mr. Odio: But we're saving 131 through the streamlining here. But when you transfer, you're transferring part of the budget of the Department of Communications to the Department of Community Development. They will pay for those employees. UNIDENTIFIED SPEAKER: Where are we? Mr. Dawkins: Then you save $65,000. Mr. Odio: Then on top of that, if you can save $65,000 this year, you would have hit the target or produced new revenues. Mr. Dawkins: OK. I'm going to go along with this, because you will be getting a memorandum from me, asking to explain to me how we keep consolidating of departments, we keep adding people, and you keep telling me that we're saving. Mr. Odio: I don't...I don't... Mr. Dawkins: Wait, no, no, no, no. Mr. Odio: Adding people? Mr. Dawkins: I'm going to put it in writing. We're going to put it in writing. No, no, no. See, because, like I say, I hear you, you understand? And I'm with you, but until I can see it on paper, this don't make no sense to me. Because every time I see a piece of paper, it's "we are consolidating to save money," then when I look up, we are hiring temporary people to save money. Well, hell, I save $60,000, and you hired four people for $60,000, so they're temporary, so we didn't save nothing. Mr. Odio: Commissioner, let me explain something to you that makes it very simple. By consolidating, I'm avoiding hiring a department director, and if I don't hire a department director, you're talking at least $65,000, plus fringe benefits - you're talking $100,000. Mr. Dawkins: If ;'ca consolidated, you must have had a department director. Mr. Odio: 'Yes, you did. Mr. Dawkins: And what did you do with it? Mr. Odio: She is gone. Mr. Dawkins: Gone? We terminated it? We got... Mr. Odio: That person is gone. Nt. Dawkins: OK. So now... 48 November 13, 1986 a Mr. Odio: So by not appointing a department director, and by splitting the functions into three departments, I'm avoiding, just right there, hiring a department d3rector. Mr. DAakins: 0Y. I em going to send you a memo. Mr. Odio: ies, eir. Mr. Dawkins: And you and I can sit down and you can show this to me, because... Mr. Odio: Yes, sir. Mr. Dawkins: ...I'm a little slow learner. I'm not retarded, but this is a little ... got to me. Maybe you can help me. Mr. Odio: I'll be glad to. Mr. Dawkins; All, right, sir. Mrs. Kennedy: Mr. Manager, since the day that I was sworn in, I've been asking you for a list of all the departments and their departmert heads. Now, I understand that you change them quite often, and the list could be updated, but do you *,ink I could get it, finally, one list? Mr. Odio: Since the list has been reduced to 17 from 32, I'll be glad to deliver them quicker. Mrs. Kennedy: But still, I need the list. Mr. Odio: Yes. Mr. Plummer: Let me put on the record, I have a concern, which I've expressed to the Manager. The Sister -City program, which is under Communications, being transferred over to Community Development, there is always the fear, in the Sister -City programs, of commercialism, getting involved in taking over the program, and it's not what it's intended to be. I think I'm probably going to have a problem in the area that this is now under Development - Economic Development. I supposedly have the assurances of the Manager that this will not be the case. I just want to put on the record that I don't want to see this City put in jeopardy with its Sister -City programs. Mr. Odio: It will not be. On the contrary, I think we can strengthen that program. Mr. Plummer: Fine. Especially having the national convention here in 188. ----------------------------------------------------------------- NOTE FOR THE RECORD: At this point, former City Manager Howard Gary was recognized. ----------------------------------------------------------------- Mayor Suarez: We need 4/5ths on this one, so if you want to, let's pass it over. Mr. Plummer: Fine. Mayor Suarez: Unless Commissioner Dawkins is in the aisle someplace. And we need 4/5ths on Item 50. Mr. Dawkins (OFF MIKE): I'll vote yes, whatever it is. Mayor Suarez: All right. Item 49, please record Commissioner Dawkin• voting yes. Read the ordinance, please. Ms. Hirai: Need a second. Mr. Mayor. A second. (At this point, the City Attorney read the ordinance into the record.) Mayor Suarez: Call the roll and reflect Commissioner Dawkins ... yes, oh, we need a movement and a second, I'm sorry. Do we have a motion? 49 November 13, 1986 1 Mrs. Kennedy: So moved. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ABOLISHING THE DEPARTMENT OF COMMUNICATIONS AND PROVIDING FOR THE TRANSFER OF PERSONNEL, RECORDS, AND EQUIPMENT BUDGETED IN THE FY 1986-87 BUDGET OF SAID DFr/"TMENT; ALSO CONSOLIDATING FUNCTIONS OF SAID DEPARTMTN, WITH THE DEPARTMENT OF COMPUTERS, DEPARTMENT OF DEVELOPMENT, AND THE DEPARTMENT OF COMMUNITY DF�T_LOrMENT WHILE AUTHORIZING EXPENDITURE OF ArrROrRIATF" FU1;DS BY THE DEPARTMENT OF COMPUTERS, DEPARTMENT �r DEVFLOr1-,ET4T, AND THE DEPART1 ENT OF COMMUNITY DEVELOrMENT; C074TAI14ING A 4EPEALER rROVISION AND A SEVERABII,17Y CLAUSE. Was introduced by Commissioner Kennedy And seconded by Commissior^r Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Whereupon the Commission on motion of Commissioner Kennedy and seconded by Commissioner Plummer, adopted said ordinance by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kenne-'- Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10180. 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. 20. DEFER CONSIDERATION OF PROPOSED ABOLISHMENT OF PLANNING AND ZONING BOARDS ADMINISTRATION (CONSOLIDATE WITH BUILDING & ZONING DEPARTMENT. ------------------------------------------------------------------------------ Mayor Suarez: Item 50. Mr. Odio: This is abolishing the Planning and Zoning Board's Administration. This department has been consolidated into the Department of Building and . Zoning department. Mayor Suarez: Are there any net reductions in employees or staff from the move, or is it basically just reorganization? Mr. Odio: No, we're removing the director, and the secretary that goes with it. 50 November 13, 1986 Mr. Plummer: Mr. Ruder? Would you come to the microphone, please? Mould you give we your experience and background in labor negotiations, please? Mr. Alberto Puller: I really dcn't have...S hove experience in personnel, which IF related to the un.:nr Fnd labor relations. Mr. Plummer: Ycu have no bockgrci+nd and experience, Pnd yet you're going to be the head of that deportment - iF that ccrrect7 Mr. Odic: There is no department of Labor Relations. Mr. Plummer: No, no, no, no, excuse me. I'm reading from your memo here,... Mr. Odio: Yes. Mr. Plummer: ...in reference to Mr. Ruder assuming labor negotiations, which are very important in this particular City, an I'm asking, wha' is his background, and the man says he has none. I move that this item be d trred. Mr. Odio: Wait, writ, Commissioner, wait. No...go ahead, go ahead. Mr. Plumaner: Nov, you want me to get down and dirty, I'll get down and dirty, but... Mr. Odio: Do it. The fact is that right now there are seven people that work for me directly, up here. Mr. Plummer: OK. Mr. Odio: Dean Mielke and the department...the office of Labor Relations was abolished; I felt that it's a function of the City Manager's office. Mr. Plummer: When was it abolished? Mr. Odio: That was done two weeks ago, or three weeks ago. Mr. Plummer: We abolished the Department of Labor Negotiations? Mr. Odio: It was never a department, bit it appeared as a separate bureau. Mayor Suarez: It was an office, I guess, right? Mr. Odio: As an office. Mayor Suarez: Office of Labor Relations. Mr. Plummer: Now, look... Mr. Odio: That is now part of the City Manager's office, where it always was before, a long time ago. Now... Mr. Plummer: Fifty million dollars... Mr. Odio: ...the functions... Mr. Plummer: Fifty million dollars of this City's money, or more, are dependent upon the contracts negotiated. You are now putting under a man who has stated on the record that he has no background or experience in that field, as the head of that important field. I got a problem with that! Mr. Odio: Mr. Ruder will be coordinating. There will be no decisions made, as far as any labor decisions made, that doesn't come to the City Manager. Mr. Plummer: Mr. Manager, I got a problem with a man being in charge of a situation in which he has no experience or background. Al Ruder is a good friend of mine, and he's a damn qualified City employee, but I think everybody has areas in which —the smart man admits when he doesn't know,... Mr. Odios Right. 51 Novesaber 1% 1986 Mr. Plummer: ...before he gets himself into trouble. Nov, labor negotiations in this City are very important,... Mr. Odio: There needF... Mr. Plummer: ...Fnd t.hFt's why I'm asking that this matter be deferred. TRat'a sll. Lr-t's talk ebeut. it. Mayer SuRre7: So mnvF6, Mr. Odic: F'hicl) item Rrp you deferring? Mr. Plummer: Oh, wait F minute, excuse me, am I ... should I have been on 49? Is that vhere 7 ¢hoi•ld hacF been? UNIDENTIFIED SFFAY,FP,: Forty-nine does not include any provision. The Manager... Mayor Suarez: No, it's 50, 50, 50. Mr. Plummer: Fifty ig vhtre I thought it was. Mr. Odio: It doesn't fit in that, either. There's nothing here on labor relations. UNIDENTIFIED SPEAKER: This is Just an administrative move. Mr. Plummer: Hold on. rn 50, let me read from the memo: "Mr. Albert Ruder," - I'm speaking to what I have in front of me, because, you know, that's how some way or another it winds up coming back to haunt you. "Mr. Albert Ruder, Management Services Administrator, will assume programmic responsibility for labor relations function." Mrs. Dougherty: That's administrative - that's not in the ordinance. Mr. Odio: That's not in the ordinance. Mr. Plummer: Hey, do you read as I read, in the ordinance or not? Mr. Odio: Commissioner, the memo that you have, and that you're reading from, is informing you of the total reorganization. Mr. Plummer: I understand that. Mr. Odio: The ordinance that's in front of you only addresses the Planning and Zoning Board. Mr. Plummer: The memo states how you will implement the ordinance in front of me. Mayor Suarez: OK. Can you extricate anything that doesn't have to do with simply taking the Planning and Zoning Administration...? Mr. Odio: If you pass Item 50, it has nothing to do with labor relations. Mayor Suarez: Well, but we're giving you a signal that the rest of your reorganization there is acceptable to the Commission. Whether we have a right to tell you not to do it or not, is another question, but can we just pass the ordinance, and leave all the other stuff out? Mr. Odio: Which other stuff? Mayor Suarez: Well, the new duties that you're giving to Mr. Ruder, which the Commissioner wants to have further information on - and rightly so. Mrs. Dougherty: So you're not going to give him any further duties, are you? Mr. Odio: to gives Ruder any functions I want. Mrs. Dougherty: Whatever you say. Mayor Suarez: We're bringing... 52 November 13, 1986 y i Mr. Plummer: That's correct, you do have the right, Mr. Manager, to give Mr. Ruder any functions you want, if we pass the ordinance allowing it to happen. Mrs. Dougherty: It'R nothing to do with the ordinance. Mr. Odio: No, sir, it bps nothing to do with this ordinance. Mayor Suarez: It.'F jLjst. that Sotj include it with the package, a variety of other intentAc-%nF of adm3niFtrFt34e resh1jff13ngs, and we're like giving you a signal that we like those, and the Commission vFnts to further reconsider that. Can't vom just pass the ordinance, Fnd )rave all the other stuff out? Mr. Odio: Fes, Pir. Mayor Suarez: If the Commission vantF to do that. Basically eliminates the department - waF it called a department? Mr. Odio. Yes. Mayor Suarez: Planning end Zoning, Administrative - what was it called? Mr. Odio: That's what it was called. Mr. Plummer: Administration. Mr. Odiu: It was a department. Mayor Suarez: The Boards, - it's really just two boards. It should have been under a department in the first place. Should never have been a separate... Mr. Plummer: It was, and it war changed by 9500. Mayor Suarez: Yeah, right. It should have never been a separate entity, so I have no problem with the ordinance itself. The rest of it, I think, the Commissioners want to hear about further. In a spirit of consultation and cooperation that we've had here, I think that makes a lot of sense, Mr. City Manager. Mrs. Kennedy: Well, what do you mean by "further consultation"? How are we... Mr. Plummer: I want to know how this thing is going to operate. I want to know what expertise are going to be there, and I want to know all about it. Mrs. Kennedy: Assuming we do pass the ordinance, how are we going to handle the second part? Mr. Plummer: That's why I asked that it be deferred. Mayor Suarez: The ordinance only eliminates Planning and Zoning administering boards,... Mr. Odio: That's all it does. Mayor Suarez: ...and brings the director of those under - what is it, Building and Zoning Department? Mr. Odio: Yes. Mrs. Kennedy: I understand, and I have no problems with that. But tell us about the second part, which is a valid concern that the Commissioner has. Mr. Odio: The second part is, I abolished the Office of Labor Relations, because it should not be a separate office. It should be at the City Manager's office. And it's the City Manager... Mrs. Dougherty: Which is not part of this ordinance. That's not part of this ordinance. Mr. Odio: It is the City Manager who will be dealing in labor. relations... 53 November 13, 1986 Mr. Plummer: I understand that. Mr. Odio: It will be the City Manager. Mr. Plummer: It eiKnye has been, and should continue to be. Mr. Odic): Tine, lout- that'€ why I'm putting it back where it belongs. it became, for FomR reaFon, P separate office, and I'm just putting it back under the City VFnFFFr'F off 3ce, and it will be the City Manager who will be deciding on nag0t3at30nF. "r. £lummer: I'm asFuming... I Am assuming, Mr. Manager, that that will take a budget item. lt'il take a change in the budget. Mr. Odio: h'a, Fir, it does not, because I also discovered through the funny processes of the City, that that office was under the City Manager's budget anyway. ,;a alI I`m doing is correcting it. and putting it where it belongs. It belongs in the City Manager's. Mr. Plummer: The Commission can do .hat they want; I ask that it be deferred. It's.. . Mr. Odio: But, I mean, you're not taking any action here today, that's what I'm a... Mrs. Kennedy: Do you want the whole item to be deferred, or do you want to vote on the ordinance...? Mr. Plummer: I don't see any other way that it can be done, OK? The ordinance itself only speaks to the consolidation of the two administrative. Mrs. Kennedy: Right. Mr. Plummer: OK? Mr. Dawkins: Yes. Mr. Plummer: The Manager has put in here what he intends to do otherwise. Now, other... it's naturally to assume if he doesn't get the ordinance passed, he isn't going to do it otherwise, and I think that's the area that needs addressing. Mr. Odic: No, it doesn't have one to do with the other. Mayor Suarez: Yeah, you're saying that one doesn't have to do with the other, but the question is, why were they put together, then? Mr. Odio: Because we're informing you of all the moves that we made. I attached the memorandum. You do not need an ordinance to abolish something that never existed, that was placed in the wrong place anyway. Mayor Suarez: Well, we have a motion to defer the entire package, including the ordinance, and the other administrative moves that you're asking us to approve. At least... Mr. Plummer: In 50. Mr. Odio: Whatever you want. Mayor Suarez: In Item 50. So, that's what we have to deal with. Do we have a second on that motion? Mr. Dawkins: Yes. Mayor Suarez: Moved and seconded. Any discussion? Call the roll on deferral . of Item 50. i Thereupon the City Commission, on motion to defer made by Commissioner Plummer, seconded by Commissioner Dawkins, passed and adopted the preceding motion by the following vote: 54 November 13, 1986 AYES1 Commissioner Joe Corollo Commissioner J. L. Flummer, Jr. Comroirrioner Poarrrio Kennedy Vice--Kryor hiller J. Dawkins Mayor Xavier L. Suarez NOES: None, ABSENT: Norse. Mr. Odio: rack to work, Aurelio. (INAUDIFLE FACKGP01T9D COMMENT) Mayor Suarez: Yeah, now you're back to having a department again. I really do hope that you bring this back. Mr. Odio: There's nothing to bring back. Mayor Suarez: The ordinance itself. Mr. Plummer: Tech. Mayor Suarez: At the next Commission...I don't think any Commissioner has expressed any problem with that. Mrs. Kennedy: None whatsoever. Mr. Plummer: Including myself. Mayor Suarez: You're giving up, Mr. City Manager - don't give up on that. That's a worthwhile streamlining, please. W ------------------------------------------------------------------ 21. SECOND READING ORDINANCE: AMEND 10087 ("LOBBYING ORDINANCE") - CLARIFY DEFINITION, ADD LANGUAGE THERETO AND DELETE LANGUAGE THEREFROM. ----------------------------------------------------------- Mayor Suarez: Item 51. Mr. Plummer: What is this change? Mrs. Dougherty: Mr. Commissioner, as you recall, at the last Commission meeting we brought an ordinance that would clarify the intent of the ordinance i� by not making people who lobby City employees and the City Manager to have to register. You changed that intent, and therefore changed the ordinance, requiring all persons who lobby, even City employees, to register. That's what this ordinance does. : i Mr. Plummer: This is on second reading? Mrs. Dougherty: Yes, air. r Mr. Plummer: I move. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion on Item 51? Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 10087, ADOFTED MARCH 18, 1986,.VHICH GENERALLY REQUIRES THAT FFFSONS ENGAGING IN LOBBYING ACTIVITIES IN THE CITF FFPTST)TT VJTH THE CITY Cl.FFK BEFORE ENGAGING JN LOPFTING ACTIVITJES, PY Cl_,AF7TYTY?G THE DEFINITION CT "LOP-PTIST" T) FOt?=H FTSTFTTC1j7iu7NC= THE PROVJSIONS OF SA71} cFCj J�?!<t, Ai>;�7t•°G J.A►TGLtAC'E THERETO AND DF_.I,FTIf'G I,A)Jf�U/:GF TKT-FFTFO!,; CONTAIP11 A FE'FFALER FROVISION A►Jp A SE17FAPJ1ATY CL.Ati�F. Passed on its first reading by title at the meeting of October 23, 1986, was taken up for itE second end firpl reeding by title and adoption. On motion of CommiFFionRr FlummQr, seconded by Commissioner Kennedy, the ordinance was thereupon given its Fecond and final reading by title and passed and adopted by the follovIng vote - AYES: Commissioner Joe Carollo Commissioner J. L. Flumaer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10181. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 22. TEMPORARY DEFERRAL OF PROPOSED SECOND READING ORDINANCE AMENDING CODE CHAPTER 54 ARTICLE VI ENTITLED: "SIDEWALK CAFES." Mrs. Kennedy: Move 52. Mr. Plummer: I'll second it, but I have a question. Mr. Rodriguez: Yes, air. Mayor Suarez: Fifty-two moved and seconded. Mr. Plummer: I notice up... let me use the one, and I don't even know the name of that one, in the Grove up here at the top of McFarland. They are, in fact, using public property, correct? Mr. Sergio Rodriguez: They are using public property. They are in violation of these points. Mr. Plummer: Well excuse me, they extend their tables and chairs out to the street? i Mr. Rodriguez: Right. i Mr. Plummer: Is that not public property? Mrs. Dougherty: Yes. Mr. Rodriguez: It's really the sidewalk. Mrs. Dougherty: I think they... Mr. Plummer: Well, is the sidewalk not public property? 56 November 13, 1966 Mr. Rodriguez: Yeah, right. Yeah. Mr.. Plummer: Do then rot exist rith tables and chairs on the sidewalk? Mr. Rodriguez: 7'm rnt pprticulprly sure about the case. I believe they are In violption, frorr vhrt 7 hsre found cut. Mr. P3um-1 r: All right. 7hp point 71!n tusking, if they are using public property, dopy the Citc hsvF s crncFssior= agreFr+Fnt, with these people? What does the City Pet hack Jr. return for 4hpTn hFving the exclusive use of public property? Mr. Pod r5gue7c hpy hrd to enter into Fn egreement with the City, by which they pay a permit fee every yeFr Of S500. Mr. Plummer: OK, but, thst'P fine; thrt's the cost of doing business. Mrs. Dougherty: .7.L., its their prcperty. Mr. Plummer: My question is, if they are utilizing public property for their exclusive use, are you telling me the only thing that the City gets back is $500 permit feel Mr. Rodriguez: That's what I'm telling you. Mr. Plummer: Is that legal? Mrs. Dougherty: Mr. Commissioner, they own the property in front of their property, to the center line of the road, over which we have an easement. It's their property. We are the ones that have an easement. Mr. Plummer: Mr. Cather disagrees with you. Mrs. Dougherty: Well, I think Mr. Cather agrees with me. Mr. Plummer: Excuse me, may I,... Mrs. Dougherty: Nevertheless,... Mr. Plummer: ...for the record, I am not... Mrs. Dougherty: ...the answer is no, you cannot sell back to them their own property. You cannot lease back to them their own property. Mr. Plummer: All right, for the record, I am not speaking to that one in particular, because this is going to open it up City-wide. Mr. Rodriguez: Right. Mr. Plummer: I'm merely stating that if someone is using, exclusively for their own purposes, City property, it seems like, to me, that the City is entitled to a concession agreement. I'm just bringing that out. Mr. Rodriguez: The issue I want to bring before you, though, is that we're not charging them for the use of the property. We are properly licensing, because it takes —the City has to get involved in some expenses in administering it, and the way we handle it is for fee. Mr. Plummer: OK, look,... Mrs. Dougherty: Permit fee. Increase the permit fee. Mr. Plummer: ...all I'm saying is that the public is entitled to something. Mrs. Dougherty: Increase the permit fee. That's the way to do it. Mr. Plummer: If that be the case, then increase the permit fee is fine with me. I'm just saying that the City is entitled to a revenue if they're using City property. That's all I'm saying. Mrs. Dougherty: (INAUDIBLE) 57 November 13, 1966 Mr. Plummer: And that doesn't apply to any one. I think if you're going to do it that way,... Mrs. Dougherty: Come here for a permit? They don't? Mr. Plummer: No. I think if you're going to do it, you're going to have to establ3Fh a formula for every so much square feet that they use, the fee will be rccordinply. Mrs. Dougherty: Good ideas. Mr. Rodriguez: We will Mork out a formula based on the cost that it will Cost to administer the opereati.on. Mr. Plummer: Ke)1, this is on second reading. Mr. Rodriguez: Right. Mr. Plummer.: So ere you at. ..I would say we would defer this item until you come back with some kind of a formula. Mr. Rodriguez.: Why don't you approve it on second reading, and I'll come back again to you with an amendment of the fee. Mr. Plummer: What about if I don't agree with your amendment? Mrs. Dougherty: You can change it. Mr. Rodriguez: In the meantime, we can let go some of the projects that, at this point, we're holding back, and we give some legal status to it. Mr. Plummer: Well, hey, I don't want to stop it. I'm just saying, you know, I think the City's entitled. If we approve it, how are you going to... Mr. Robert Clark: time limitation? Mrs. Dougherty: One year. Mrs. Kennedy: Sergio, can we just pass the motion approving, subject to this formula, that you will come back to us and... Mr. Rodriguez: What I suggest is that we look at the cost of administering the fee, and that we can consider increasing the fee, based on the amount of work that would be involved. Mayor Suarez: Administering the licensing process, not the fee. Mr. Rodriguez: Right. Mr. Plummer: Well, let me give you a scenario that I can see happening on this thing. Is this ordinance so designed that it can only be used by the person who is upland? What happens if a company comes in and says - Company B says, "I want to put a sidewalk cafe on public land in front of Company A"? Does it state in this ordinance, which I didn't find, that only the upland owner can be... own the sidewalk cafe? Mr. Rodriguez: You have to follow certain conditions, including the fact that you It _ to have a certain width of sidewalk. Mr. Plummer: That's not addressing my question. Mr. Rodriguez: That's not the question, I know. I know. I'm trying to read while you are talking to me. Mr. Plummer: In other words, McDonald's owns the land, and Burger King wants to open up a sidewalk cafe, and McDonald's and Wendy's says the whole damn thing is rotten. Mr. Rodriguez: Right. Mr. Plummer: I don't see any provisions in this ordinance to stop that. November 13, 1900 Mayor Suarez: Is it implicit or explicit that it only applies to the... Mr. Plummer: Upland owner. Mayor Suarez: ...abutting property ovrner7 Mr. Rodriguez: It think it is, but I'm trying to find it now. i cannot find Mayor Suarez.: Fou know, ve may be passing an ordinance here, if it doesn't say that, that prohibits the Miami Herald and the Miami News from having their boxes out there, where they Fell neFspPpers from, without paying us some kind of a fee. Mr. Rodriguez: If you vant me to answer that question,... Mr. Flummpr: Fou only donptp to God on Sunday. Mr. Rodriguez: if you want me to Pns•eer that question, why don't you defer it to later on, and I will give you an answer on that. — Mrs. Kennedy: How... this afternoon? Mr. Plummer: Becsuse you're locking me in on a second reading. Mr. Rodriguez: OK, OK, I understand that. Mr. Plummer: OK. Mrs. Kennedy: But can we defer it for this afternoon? Mr. Rodriguez: Please. Mrs. Kennedy: Can you have worked out some kind of a formula by then? Mr. Rodriguez: I will give you an answer on that. Mrs. Kennedy: OK. So moved to defer.. Mr. Plummer: And let me ask one other question, since you're going to research this thing. I don't find it very clear-cut, what is a sidewalk cafe? Are we going to see all the flower vendors now jumping up and calling themselves as part of a sidewalk cafe? s Mrs. Dougherty: No, no, no. They can't do it unless they run a food establishment adjacent to.... Mr. Rodriguez: Well, we define sidewalk cafe in Section 54 of... 1 Mr. Plummer: Adjacent to what? t i Mr. Rodriguez: ...the Code, as, it means "the placing, locating, or }} permitting of the placing or locating of chairs and tables within the t sidewalk," so we defined it. Mr. Plummer: OK, I'm asking the question. When you come back this afternoon, you can answer it. Mayor Suarez: Item 52 is tabled. I'm sorry, 51 in...52 is tabled. ------------------------------------------------------------------------- 23. FIRST REAMING ORDINANCE: ADD NEW CODE SECTION 2-309 - "FINANCIAL DISCLOSURE.• Mayor Suarez: Item 53. Mr. Plummer: This is Commissioner Carollo's. I'll move it, if he doesn't Kant to. Mr. Carollo: FxcuFe Me? Mr. Plummer: Fifty-three, on the disclosure. Mayor Suarez: Second reeding. Mr. Carollo: That was not... Mr. Plummer: I moved it last time, because you weren't here. Mr. Carollo: That was not mir That was the immigrant Mayor. Mr. Plummer: I move. Item 53. Mayor Suarez: So moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion on Item 53. Read the ordinance. (At this point the City Attorney reads the ordinance into the public record.) Mr. Carollo: OK, now,... Mayor Suarez: Commissioner. Mr. Carollo: ...the additions that were being made on this one is,... Mr. Plummer: Joe, I can't hear you. Mr. Carollo: ...that financial...excuse me? Ms. Hirai: The microphone. Mr. Plummer: I can't hear you. Mr. Carollo: Oh. The financial disclosure will apply to all unclassified City employees? Mr. Plummer: Exactly. Mr. Carollo: OK. And either that, or they could show... Mr. Plummer: Income tax returns. Mr. Carollo: ...their income tax returns. OK. That's right. Mr. Plummer: Welcome to the great world of big brother and paperism. Mrs. Dougherty: Um-hmm, it's incredible why we would do this to ourselves. Mayor Suarez: Any further discussion? Mrs. Kennedy: I still think that all persons who receive compensation for their services as members of City hoards should not be here. These are people who spend a lot of their time here, and you're going to get a lot of people leaving these boards for this. Mayor Suarez: Would you make that into a substitute motion? I'll second it. 60 November 13, 1986 Mrs. Kennedy: I would like to delete this part: the persons who receive compensation for their services as members of City boards. Mayor Suarez: It's basically ghat - FlRnning Board, Zoning Board,... Mrs. Kennedy: Flanning, %oning, Civil Service,... Mayor Suarez: Civil Service, Mrs. Kennedy: ...which gets a ridiculous amount of money. Mayor Suarez: Which are minor compensations. Mrs. Kennedy: Yeah. I really have a problem with that. Mr. Plummer: Well, let me ... let me ... I really don't want to go heavy on it, but I think, in particular, I would agree with you on Civil Service. That public scrutiny, I don't think has ever been questioned. I do feel that there have been many occasions, unfortunately, in which the Zoning Board and the other board have been questioned, and I think this eliminates, in the future, any and all questions relating to a possible conflict of interest, and I would speak against the amendment. I think that... Mrs. Kennedy: Well, if that is the case, why don't we include the Planning and the Zoning Board only? Mr. Plummer: I have no problem with Civil Service, OK? Mr. Carollo: The problem is, if you include one board, and you don't include another... _ Mr. Plummer: The problem is, when you start watering down, where does it end? Mrs. Dougherty: It doesn't show a conflict of interest, though. Mr. Plummer: Excuse me? Mrs. Dougherty: This ordinance really doesn't show a conflict of interest. Mr. Plummer: Well, sure it shows a conflict of interest. In financial disclosure, if Mr. ABC shows voting on a subject in which it's part of his income, that's definitely going to show as a conflict of interest. i Mrs. Kennedy: Yeah. I agree. Mayor Suarez: What is your motion... to modify, Commissioner Kennedy? Mrs. Kennedy: To modify, and then let's just exclude the Civil Service Board. Mayor Suarez: Civil Service Board? Any legal problems with excluding that one board? Mrs. Dougherty: What I'd suggest is, just include the... Mayor Suarez: Planning and zoning. Mrs. Dougherty: ...Planning... Y. Mrs. Kennedy: Which was my other suggestion, right. ■ Mrs. Dougherty: ...Board and the Zoning Board of Adjustment. Mrs. Kennedy: Right. j,•w Mayor Suarez: Can that be changed by... Mrs. Dougherty: Just interlineation at this time. Mayor Suarez: Interlineation at this time. Mrs. Kennedy: OK, so moved. —j 61 November 13, 1986 Mrs. Dougherty: That would exclude the Code Enforcement Board and the Civil Service Board. Anything else? Mr. Plummer: No, no, you're excluding the Zoning Enforcement Code Board? Mrs. Dougherty: Do you vent that to include it7 That we'll include... Mr. Plummer: Sure. Mrs, Kennedy: Yes. That'G fine. Mr. Plummer: it, is my understanding of what she is indicating as an amendment, would only Fxclude the Civil Service Board. MEN Mrs. Kennedy: Civil Service Board, right. Mr. Plummer: That's; my understanding. Mrs. Kennedy: That Is correct. Mayor Suarez: Does the Code Enforcement Board get compensation? Mr. Plummer: No. Mayor Suarez: They don't get compensation, so they're not covered anyhow. Mr. Plummer: No. Mayor Suarez: OK? Mrs. Kennedy: OK, so moved. Mayor Suarez: Let me see if he accepts. Do you accept the amendment, then, so we don't have to... Mr. Plummer: Fine. Mayor Suarez: Does the seconder of the motion accept the amendment? Moved, seconded. Commissioner... Me. Hirai: At first we had Mr. Plummer and Vice -Mayor Dawkins. Mayor Suarez: Do you accept? Mr. Dawkins: No. Mayor Suarez: OK. Mrs. Dougherty: Vote on the amendment. Mr. Dawkins: I withdraw my second. Mrs. Dougherty: Let's have a vote on the amendment. Mayor Suarez: OK, withdrawn. The second's withdrawn. First motion then dies. Do we have a new motion? Mr. Plummer: Well, I'll go back to the original, and that is to move 53 in its entirety. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Do you want to address that particular motion, Ken. Mr. Ken Nelson: Yes, I do, Mr. Mayor and Commissioners. Ken Nelson, h president of Miami Fraternal Order of Police. We all agree that the City must maintain its integrity. However, I feel that you're not going to be able to get those competent people that you need to sit on those boards if we're going to have to file financial disclosures after getting some type of minor compensation from the City of Miami. I just ask you all to consider that before you make your vote. Thank you. 62 November 13, 1986 �s t Mayor Suarez: which boards, particularly, are you concerned about, now, that do receive compensation? You thinking of Civil Service Board, or...? Mr. Nelson: Civil Service Foerd, and I believe the Pension Boards also. Mayor. Suarez: rension Foards receive compensation? Mrs. Kennedy: Pension Hoard? Mrs. Dougherty: I don't know. Mr. Plummer: It's not based on compensation. Mrs. Dougherty: It is. — Mayor Suarez: Yes, it is. Mrs. Dougherty: The ordinance now reads that only those boards who get compensated would have to file. Mr. Dawkins: Madame City Attorney? Mrs. Dougherty: Yes, sir. Mr. Dawkins: What is the State law? Mrs. Dougherty: The State law requires, not a net worth disclosure, but a source of income disclosure. This goes beyond the State law. Mr. Dawkins: OK. Mrs. Dougherty: Which requires a net worth statement. Mr. Dawkins: Does the State law require that everybody do this, regardless of what board you're on? Mrs. Dougherty: The State law requires all boards to file a Source of Income Statement, yes. Mr. Plummer: Exactly. Mr. Dawkins: OK. And that's the State law, right? Mrs. Doua:aerty: Yes, sir. Mr. Dawkins: Now what does Dade County require? Mrs. Dougherty: All boards, also. Mr. Dawkins: And now, so, we're going to be the only one who does not require all boards, is that correct? t: Mrs. Dougherty: But all boards must file with the State and Dade County. This would only exclude the boards that don't receive any compensation from having to go that further step, in having to delineate their net worth. Mr. Dawkins: This is anyone who... Mr. Carollo: We should exclude them, then. — Mr. Dawkins: OK, anyone who does not receive compensation. We already said that. Mrs. Dougherty: Yes, but now we want to include... Mr. Dawkins: We're only interested in people who receive compensation, isn't it? Mr. Carollo: But you said the State and the County requires them, those people... 63 November 13, 1986 Mrs. Dougherty: All boards. Mr. Carollo: Well, then, we should do the same, then. Mr. Plummer: I agree. We]I, may I suggest that we pass this as it is, and then have an pmPndment coma up at the next meeting, including all boards. Mr. Carollo: I think we should do it all together, J.L•., so there's no question that we're deleting more or less. Mr. Plummer: My only problem is, this has been dragging on now for four, five, six months, .?nd I don't want anybody to say that we're dragging our feet. What. I felt. w„s, by passing this today, we at least get this in place, with the full intentthat we do the final at the next meeting. Mr. Carollo: I don't think anyone's dragging their feet here. I, for one, have very handily my past income tax returns, and if the original maker of this idea will be willing to show his publicly, I'll be more than willing to show mine any time. Mr. Plummer: Can we revert this back now to first reading, including all boards? Mrs. Dougherty: Yes, sir. Mr. Plummer: I'll go along with that. Mayor Suarez: What's the motion? You had a pending motion that would accept this exactly the way it is presented to us in the package? That is to say, all boards that receive compensation have to comply? Mr. Teems, sir. Mr. Don Teems: Yes, Mr. Mayor. Don Teems, President of the Miami Association of Fire Fighters. I've got a question. Does this include the employee representatives to any boards? An example - there's two on the Civil Service Board, there's four on the Pension Boards, and they are elected by the employees. Mayor Suarez: If they're unclassified? I mean if they're classified, I'm sorry. Mr. Carollo: Yeah. If they're on a board, they're included. Mr. Plummer: No, it's not...In particular the Civil Service Board, there is City employees there, and they are compensated for their time there, yes. They would be covered. Mr. Carollo: See, now you guys can begin to understand a little bit the abuse _ that we go through up here. It's not a matter of, you know, the cases of any of the people that you represent, that they're trying to hide anything. I don't believe that, no. It's just a matter that the minute that they have to file a paper, that they're going to be harassed to hell by the media, they'll be front page of the paper, so-and-so earned so much, his wife earned that, the husband earned this, and this is why we have the problems that we have in government today, where nobody wants to run for office, or serve or give a damn about the electoral process. If you have... Mr. Teems: I agree with you, and I think what you're doing is extending it to every board in the City. I agree. Mayor Suarez: Yeah, my feeling is that I would exclude all boards and I would even exclude all employees. I think the intent of this was, really, that public officials who were elected and in whom a certain special trust is placed by the citizens, but I'll have to accept it whatever way the Commission is willing to pass it. So we have a motion to accept it as is presented in our package; that is, with all boards that receive compensation having to comply. Mr. Plummer: That's the motion, Mr. Mayor, but I want for the record that I have no problem with Commissioner Carollo's suggestion to include all boards. Mr. Carollo: Can we make amendment now, Madame Clerk? 64 November 13, 1986 Mr. Plummer: If you do, you got to revert back to first reading. Mr. Carollo: Madame City Attorney? Mr. Plummer: Sure, the Voterfront Board - everybody. It doesn't make any diffei-ince. Stuprt, we've for years wanted to know how much you're worth. Now we're reelly goir:g to find out. Mrs. Dougherty: R",e .-,nsw•er is yFs, it would have to go back on first reading. Mr. Plummer: Then I will withdraw my first motion, and I will then make a motion that on first reeding that it include all boards. Mr. Carollo: I second that.. Mayor Suarez: So moved and seconded. Any discussion? It's now on first reading, so it gives you a littl. *'ne to talk to members of this Commission. Mr. Carollo: Howard, are you on on,- boards? Mr. Ken Nelson: Mr. Mayor, I was just going to ask if the City would kindly notify 91.1 the members sitting on the Boards so they could be pre_^nt for the second reading and voice any concerns they have. We'll attempt to do it from our end, but we'd appreciate if the City could do it themselves. Thank you. Mayor Suarez: Yeah, if the City doesn't do it, I'll do it myself, Ken, because I don't really think we should extend it to all boards. OK, motion and a second, on first reading, extending the requirements to all boards, compensated or not. Any further discussion from the Commission? Read the ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Plummer: For the record, Madame City Attorney, this is now, then, as proposed on first reading, exactly tracking the State and the County, is that correct? Mrs. Dougherty: Yes, sir, this is a first reading which would include all classified City employees... Mr. Plummer: But as proffered on first reading would track exactly the State and the County? Mrs. Dougherty: Yes, sir. AN ORDINANCE ENTITLED - AN ORDINANCE ADDING A NEW SECTION 2-309, ENTITLED "FINANCIAL DISCLOSURE," TO CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,, AS AMENDED; SETTING FORTH REQUIREMENTS OF ANNUAL DISCLOSURE BY CITY OFFICIALS AND EMPLOYEES OF INFORMATION RELATED TO THE FINANCIAL STATUS OF SAID OFFICIALS AND EMPLOYEES; CONTAINING PENALTIES, A REPEALER PROVISION AND A TRABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Carollo and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Rosario Kennedy ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 65 Novamber 13, 19e6 24. FUND VARIOUS COMMUNITY CULTURAL EVENTS. (MIAMI CITY BALLET; CALLE OCHO; FIESTA BY THE BAY; THREE KINGS PARADE, SUNSTREET FESTIVAL, AND GOOMBAY) (SEE LABEL #28). Mayor Suarez: Item 54. Mr. Carollo: I'd like to bring up some of the organizations that I would like to have considered. Mr. Plummer: Woll, Joe, I think, and I have no problem with that, but I think that each Commissioner has surrendered its four choices. Mr. Carollo: No. Mrs. Kennedy: No. Mr. Cnrollo: No, it's not so. Mr. Plummer: Oh, OK. I'm sorry. Mr. Carollo: Let me say this for the record, J.L. There are organizations that don't require a full $50,000, so I think that we should give ourselves the leeway of not having to pick four groups for $50,000 apiece; that we could pick more as long as we fall within the $200,000 that we've established for this. Mr. Plummer: But you're going to then come away from the list? Mr. Carollo: Again, just following the guidelines that we've established - for instance, one of the groups that I would like to includ- is :.he Three Kings Parade. They don't need $50,000. I think it's around $20-25,000 or something like that that they need. The Sunstreet Festival, of course, that I mentioned originally. Goombay - Goombay doesn't need $50,000, you kncw. They need half of that or less, maybe. Calle Ocho I'd like to bring up. Fiesta by the Bay. Some of these don't need the full $50,000. Mr. Plummer: OK. Mrs. Kennedy: I agree, and I have a proposal also which addresses that issue. There are some festivals that would not know what to do with $50,000, and I think we can really expand the list if we fund whatever the needed sum. Mr. Plummer: Rest assured they'll learn to love to live with $50,000. Mr. Carollo: But mind you now, this is for the first year. From then on, it's going to be less. Mrs. Dougherty: So it's decreased by 20 percent each year. Mr. Plummer: And each year they're decreased by 20 percent. At the and of Sth year they get nothing more. Mayor Suarez: Is the Commission...I agree with the importance of the Three Kings Parade and Sunstreet Festival and some of the other ones that have been mentioned. I wonder if we want to still limit the total to $200,000? Mr. Dawkins: Yes. Mr. Carollo: Absolutely. Mayor Suarez: For myself, I would first consider all of the petitions and than determine the amount, as opposed to first determining the amount and then... I ffi 66 November 1$, 1986 • a - Mr. Dawkins: You know, that's why I'm having a problem here with the Manager. Every time we turn around and save some money, damn if somebody don't sit up here and give it away. Now next year I don't have to run, so I don't have no problem. Put the next. S-esar you aren't going to have any rponey in this City Treasury, end yoti people Are going to be running around here trying to raise ta.xe4 by three rri3ls and I'm going to tell them _ I'm going to be right out there with the prryle telling them the reason the people running had to raise your t,=xQp is because they set up here and gave out the money, OK7 Mr. Carol lc: That.'s right. You tell 0PLm, Miller. That's what I' ec been saying for some time. Mr. Plummer: Yeah, but, let's go one step further. Commissioner Dawkins, I think the two people that have backed that statement with you are the two people who are running next year. Possibly. kLaughter) — Mr. Stuart Sorgs Mr. Mayor, could you identify those four organizations? I'm the vice chairman of Goombay, and I want to ... is that included in there? Mayor Suarez: Everybody has submitted different... Some of us have submitted different organizations, some have not. And we really don't even have determined yet exactly a process. So far it seems like here may be a consensus that the total amount should be $200,000, so we're going to have to hear from the organizations in question. Mr. Octavio Verdeja: Good morning, Mayor Suarez, City Commissioners. My name is Octavio Verdeja, and I would like to speak in behalf of the Miami City Ballet as a proud father who saw his dream come true, and more important, my wife and my daughter's dream come true with the creation of the Miami City Ballet. See, my daughter, Maria, is a ballet dancer with the Miami City Ballet, and we had the opportunity to keep her here in Miami, and not for her to have to go to New York or Boston, or otherwise. I would like to introduce to you Mr. Bob Hasman, vice president of the Miami City Ballet, that will briefly address the economics of the Miami City Ballet, the benefits that it will produce for our community, and how we can enhance the name of the City of Miami. Thank you. Mayor Suarez: Thank you, Mr. Verdeja. Before we proceed, before I forget, I'd like to introduce into the record the letters received on behalf of the funding for the Miami City Ballet. Mr. Bob Hasman: Thank you, Mr. Mayor, Commissioners. My name is Bob Hasman. � I reside at 3071 Oak Avenue in the Grove. I am here to ask that you include in your discussion and for funding Miami City Ballet to the level of $50,000. This newest cultural treasure, which bears the City's name, has already attracted international positive attention for our City. We have been the subject of reviews and articles, not only in the South Florida media from Palm Beach to Key West, but also in the New York Times, the Today Show, the Christian Science Monitor, the New Yorker magazine - the whole country is looking at this City because of Miami City Ballet. The first performance was at Gunman Performing Arts Center on October 17, but already the company has been invited to tour in the Carolinas, in Tennessee, Tampa, West Palm, Key Vest, Israel, and we're in negotiations with the country of France, on a tour to France. Wherever this company goes, it carries the city whose name it bears with it, and it will carry it very proudly. We have a very large budget -$1.6 million dollars - for our annual budget. $50,000 is really our need in order to create the program that we want to bring, which is a neighborhood program. Mr. Villela - Edward Villela is the artistic director of the company - will conduct what are called "Dance Talks" throughout the neighborhoods of our City. There will be five of these, in which he tRlke about dance, and what people should look for. He'll talk to students, to senior citizens, to anyone who would like to come to the performances. Than later on during tho year we will conduct a full-fledged performance at Gunman F. Performing Arts Center, with orchestra, costumes, sets and everything, so that all of those people who have had the introduction to the discipline of ballet will be able to tonne to the City, downtown, and :gee it in its best form. We have a payroll of 32 employees, they are all residents of the community. $816,000 is our annual payroll budget. We feel that in one year we've contributed a great deal to this City, and now we're asking for sr -Is support from the City in return. Thank you. 67 November 13, 1986 Mayor Suarez: Besides all of which, you do have a special resource in having Edward Villela in town, and we want to protect those. Ms. Elsie Silva. Good morning. I'm Elsie Silva, 3951 N.W. 188 Street, and president: of Sunstreet.. Sunctreet is primarily a Flack festival. I'm not going to hone you with detaila becruce I've been up here so many times. I justwant to invite ... And say first, everyone in Sunstreet are volunteers. No one is paid. Unfortunate3y wR do not. have F payroll. We do have one loan executive, from TNRde County. I'd like to invite all of you to some of the activitiea, and you will be getting some invitations, and please come out so you'll have a greatRr appreciation for what we're trying to do. And I'd like your help, please. Mayor Suarez: Thank you, Essie. Mr. Arnold Mittelman: My name is Arnold Mittelman. I'm the producing artistic director of the Coconut Grove Playhouse, and I live at 3 Grove Isle in coconut Grove. I didn't think I was going to come this morning, because I did.,'t want to appear to be against the issue of funding festivals, but I must address this issue. I am ignorant of the definition of "festival." Mayor Suarez: What you're going to tell us is that we're still bogged down in negotiations with your... Mr. Mittelman: 140, no, no. I'm not going to tell you that at all, and if I L could just have your a', ention for one 4inute. There are two kinds of cultural activities. Institutional cultural activities, that are the basis of year-round entities that function in the Arts. The Coconut Grove Playhouse has a $3,000,000 budget. It has an economic impact, from studies we've conducted with bona fide professionals, of close to $5,000,000 in the community. It works on a continuing basis. It has a payroll of 50 employees annually, and does over 226 performances at the Playhouse. It has housed a lecture demonstration by the Ballet, Ballet Concerto. It houses the Miami Film Festival, and it performs not -for -profit art that is made for and in Miami, that has gotten worldwide attention. It ne_ds continued financial support because it has to raise annually, in donated income, the entire budget of the Miami City Ballet. We have to raise $1.5 million dollars. We need your support in the form of institutional support. We are not a festival. Nor is the opera or the ballet. These are your major jewels of this City that represent the cornerstone of nationally known cultural activities, and there is no program, except this new ordinance that you are introducing, to fund those major institutions of art. If this is the only program for funding, I would hereby like to apply to the City of Miami, as the Ballet has, for } $50,000 of funding, because we get no direct City support as does the Ballet, in the form of a grant or any kind of income stream for our work. That is now on the back of the community and corporations. All I am stating is that if this a major league City, and we are quickly becoming one, we should take a look at the programs of other major league cities, where they have a Department of Cultural Affairs that funds major institutions like its museums, ballets, etc., and has another program that funds festivals and parks and recreational activities; put some decent dollars behind the whole program, establish a methodology by which that money can be disbursed, and step right out into the forefront of funding the things that make this City wonderful and attractive. That's what has to be done. (Applause) . 1 Mayor Suarez: Arnold, Arnold. We had previously identified and allocated and appropriated $200,000 to be used for the Coconut Grove Playhouse. The Commission had also indicated, according to the City Manager, that that was going to be in the form of a loan, and we discussed the terms of payment back to the City and wanted collateral. And you have negotiated, and I understand that you really have no way of posting collateral for that, and I have no problem, personally, with the concept of making that into a form of an uncollateralized loan. If your program fails, we'll never get the money back. If it succeeds, as I think we all hope it succeeds, we'll see the money back, so I have no problem with that, and I'll make that in the form of a motion right now. We hopefully can and the negotiations that have been taking place for I don't know how many months. I so move. That we not require collateral on the loan to the Coconut Grove Playhouse. i __ 68 November 13, 1986 Mrs. Kennedyt A noncollateralfzed loan? But, hold on a second. Arnold, we spoke yesterday And you said that you and the City administration were working out some sort of a collateral. Mr. Mittelman: VP havP a meeting Monday, and we have every hope that we can cpme to A conclusion and arrive at it. The staff has been working with us, and we think a°P're close, but, we so far haven't been Able to pin it down so it works? Mr. P',ayor, what. I'm tAlking to you about, though, is a greater issue for this City than merely some feeling that people Ret sort of bought off when they raise their voice loud enough, and you identify needs and sprinkle funding. Wfiat. I'm saying is that tm be correct !n the long run, the rime way you address issues like police, etc., etc., with A bureaucracy that handles those things ?ppropriately, At some point in time in the very near future, so that you don't have that kind of chaos, it might be wise to institute through your existing staff a way of really putting aside this funding and structuring applicatior's for it. Mayor Suarez: Well, that is precisely what we're doing. But it used to be that the City, without such a system, would give out something like $2,000,00r... Mr. Plummer: Almost three. Mayor Suarez: Almost three. The City Commissioners who were here before Commissioner Kennedy and I got here, I think rightfully decided that that was the worst system in the world. We're now, and for twelve months we he-•e been refusing generally to give any monies to any artistic endeavors or events or festivals. We're now with what I consider to be a common sensical proposal to at least allocate $200,000 for that and distribute that money among various festivals. We're not in full agreement yet on how we're going to distribute it, and God knows it's going to be difficult. I don't even know that the figure's the ideal one, but it's better than zero. And your $200,000 is coming from a totally different source. Hopefully cn Monday you will work out the details of that. And my feeling is that we cannot expect you to post collateral, but, you know, I'll withdraw my motion in the hopes that you will negotiate on Monday. Mrs. Kennedy: Arnold, let me just say for the record that I think also Miami is becoming more and more a major city; that tourism is not just going to the beaches and to the Seaquarium any more... Mr. Mittelman: I think you saw that the other night. We won nine Carbonell Awards, which is the...and up at the Parker Playhouse, Commissioner Kennedy was there to accept an award, and she maw the Coconut Grove Playhouse walked away with every award in the whole region. Mrs. Kennedy: That's right. And I also think that Miami is acquiring more and more each day the image of being an international city, and therefore we have to have a cultural image, we have to be a thriving place for the Arts, and we have to look at Arts as being something more than nonessential. I agree wholeheartedly. I also agree with you that there are festivals that are a one-year event and there are other things, like the Playhouse, like the Miami City Ballet, that promote the City of Miami like the... Mr. Mittelman: Like the opera. Mrs. Kennedy: And I'll address that later. But I Agree wholeheartedly with that concept. We have no problems with that. The thing is to work out... If you have a meeting on Monday I would suggest, if we could wait until then and see what happens, and then address that later. — Mr. Mittelman: I agree. I think the staff has worked with us well. I hope the !.9eting on Monday reaches the conclusion that the Commission asked for. I cbrtainly am working for that. But I want to tell you as a gentleman that that is a loan, and I intend to pay back a loan. What you are doing now is f, not doing loans - you're doing grants. And when I came here first for my $200,000 for the Playhouse, I was told there were no grants, we had to have a loan with collateral. We have accepted that and have been diligently trying to create the collateral relationship for the loan. Hopefully on Monday that executes. Now we're up to something that says $200,000 for fastivals. I do not see the word "loan." I do not see the word "collateral." So, when I sit here and see the Ballet stand up and ask for $50,000 for their activities, I ' 69 November 13. 1986 am now saying that for the Coconut Grove Playhouse, which intends to pay back a loan, which is a separate issue, we would like to be part of the consideration of this money. Mr. Carollo: that's fair enough. Mr. Mayor, I didn't quite understand your last Statements. Did you withdrew the motion because you didn't get a second,_ or did you withdraw because you wanted them to go ahead with the procedure that we hpd7 Mayor Suarez: I withdrew the motion. Period. Mr. Carollo: OK. That's clear. That's clear. Mr. Dawkins: Mr. Mayor, before this next speaker speaks, I'd like to clear up one thing.. I think we heard Mrs. Silva say that her activity re.uired no fee and that the total community was welcomed. I think I heard ... in fact the gentleman from the Three Kings Parade told me their activity requires no fee and the total community is welcome. So I'm a little ... I get a little ticked off. And I may as well ... I'll tell you just ]+ke you're ticked off because you didn't get. no money, that when you come up here and try to browbeat me and tell me that I cannot fund festivals which serve the greater populace of the community, and that I should fund an entity that the individuals whom these festivals will fund will never have enough money to buy a seat in the opera or the Playhouse. No, I don't want to hear from you. I've said what I ... No, you sit down. hr. Mittelman: We give free tickets away to every performance... to minorities, poor people, etc., and you know that. Mr. Dawkins: I wouldn't give a what you do, OK? Mayor Suarez: Don't, don't. Arnold, you're hurting your cause. You're hurting your cause. Mr. Dawkins: That has nothing ... You still didn't say anyth.ag about the people who got up here and said that they... Mr. Mittelman: I invited 150 percent, 150 percent! Mayor Suarez: Please, please, please, please, Arnold. Ma'am? Ms. Eva Gordon: My name is Eva Gordon. I represent the Greater Miami Opera Association, which is one of the fifth oldest companies in the entire United States. We are the sixth largest out of 102 professional opera companies. We have brought national recognition to the region. We give employment to hundreds of people. We give a lot of employment to local, aspiring young singers who come to the chorus and that get remunerated, minorities included. We have a special program for the schools where we take free performances to school children, every single high school in Dade County, Broward and Monroe Counties. We open our dress rehearsals free of charge to handicapped, to school children, senior citizens. We provide free bus transportation. International stars come to us and stay specifically in City of Miami in hotels. They spend anywhere from three to four weeks. And I think that they on our need, which is a $5,000,000 a year budget. I would like to request that you consider giving us a $25,000 grant for this year. We used to receive money from the City of Miami in the past. We have not received any for two years, and we need your support, and I'd like to ask that you consider us. Thank you. Mayor Suarez: Thank you very much for your presentation. Commissioner Carollo, since it was your idea... I'm sorry, go ahead. Yes, please. Mr. Rod Glaubman: My name is Rod Glaubman. I reside at 7538 S.W. 64 Street, ]off - Miami, Florida. I am a founder of the PACE organization - cofounder - and a founder of the Big Orange Music festival. I'm not here to ask for money, ,. although we are on your list, but I must tell you that I believe that the Commission is on the verge of making a vary big mistake. Once again, not to speak against festival funding, because I've lived off festival funding for many years in the City of Miami. But currently, the policies and the procedures that are evolving are terrible unsophisticated, leave major cracks where large organizations and institutions that have been serving Miami for decades are falling through, creating hostilities between organizations and 70 November 13, 1986 s s - between the Commission and these organizations. I think you need a real policy, a real procedure. And this is not $200,000, It's more like five or six hundred thousand dollars over the next three years and I thinkyou really need to take a look at. how this procedure is go ing to work and how it, not going to Fork. And I'm, once again, not againpt funding festivals, orgAnizFtionQ, but in favor of supporting thFte organizations in this long run. Thank you. Mr. Flu,mmer: Would it not slake sense, sir. Npyor, that We've a,ll chosen ours, and you've submitted your two, and two others if additional money were available - It seems like to me t,Rt the policy we established was a maximum - of $200,000. That's not a dispute? Mayor Suarez: That FeFmQ tc be A consensus, yes. I'd Iike to make it a higher figure myself, but it... Mr. Plummer: I•, would seem reasonable to me tYA the Commission would go back and instead of recommending four, Fe would recommend eight. And then a consensup would start at the top of that one getting th- most votes, determine their budget, and just go right down as money s1lows to t'ie very end. Now i don't know how else you're going to do it, because I think it is totally unfair to have these people who are aware of what this is - we have, I guess, _ at least another 100 groups that would like to appear here and beg for money also. And it was my understanding that we were going to eliminate that awesome and gruesome procedure by doing it just within the Commission Now, I don't know how else you're going to do it fairly and equitable, but I think that that is the way that I would like to do it. Mr. Dawkins: Mr. Mayor, Mayor Suarez: Mr. Dawkins. Mr. Dawkins: '.: have set a cap of $200,000. I am as tired of this as everybody else. And I would hope that we would take the $200,000, decide what you're going to allocate where, and get on and get it done. Because, as the last speaker said, we're not talking of $200,000, we're talking about $200,000 for five years. We're talking about a million dollars. Mr. Plummer: No, 20 percent less each year. Mr. Dawkins: Well, give or take. So, why should we have these individuals come back? We know we've only got $150,000 left, because we gave $50,000 to Florida, to the Orange Blossom Classic. So we should decide here this morning who you're going to fund, what you're going to fund them and let it go at that. Mayor Suarez: What Commissioner Carollo pointed out, though, is that some of the applicants that were being supported by enough Commissioners do not necessarily need $50,000, and we might need to have a breakdown other than just simply saying we can only approve three more at $50,000 each. Mrs. Kennedy: But... Mayor Suarez: Yeah, go ahead Commissioner. If you have any way of proposing a formula to... Mrs. Kennedy: I t?so have a proposal that - of course, Tomas, I didn't talk to you until yesterday, and I would like to work with Three Kings Parade somehow. But if we spread the $200,000 among five groups instead of four, I propose to fund the following four once -a -year events: Calle Ocho Open House, $35,000; the Orange Blossom Classic, $35,000; the Latin Orange Fiesta, $35,000, and the Sunstreet, $45,000. Then that gives us a total of $150,000. Then I propose $50,000 to the Miami City Ballet because it is groups like this, as I said before, who travel all over the country and abroad and carry the Miami names throughout the whole year. Now, how we're going to do this... But this is just an examples of the things that we can do if we just don't give them the whole, $50,000, but whatever they are asking for. And I think it could be worked out that way. Mayor Suarez: Do you want to make that in the form of a motion? Was that a motion? No? Or do you want to just... 7! November 13, 1986 Mrs. Kennedy: No. Mayor Suarez: Not a motion. OK. Mr. Plummer: Mr, Mayor, Commissioner Dawkins, I think, adequately stated that we only have $150,000 left. It was agreed at the time that we established this that $50,000 of it would go for the Orange Blossom Classic. And so what they didn't use, by the way, was used for the Bethune -Cook football. game, and the remaining portion of that balance was taken over by them. So what we're looking at is a balance now of $350,000 to be distributed, and, you know, I'd like to believe that. there's somebody going to stand up and say, "Fiey, I don't need $50,000, I need Jess," but I don't think that's going to happen. But that was the original conception of this, and I would say that we would have to rewrite the ordinance i.f we. deviate from that procedure, which was outlined in the first reading of this ordinance. Mrs. Dougherty: This 39 a first reading. Manor Suarez: I would entertain a motion that the amount, if we'-e going to follow Commissioner Kennedy's breakdown, and given that we've already allocated monies to the Orange Blossom Festival, that we make the figure $225,000 so we can give $25,000 to the Three Kings Parade and get this over with. Because I think that the rest of our lineup makes a lot of sense and we have to make a decision sooner or later and get on with the business of running the City. Mrs. Kennedy: OK, I so move. Then it will read: Miami City Ballet, $50,000; Calle Ocho Open House, $35,000; Orange Blossom Classic, $35,000; Latin Orange Fiesta, $35,000; Sunstreet $45,000 and the Three Kings Parade, $25,000, for a total of $225,000. Mr. Plummer: Would you give me the breakdown again? Mrs. Kennedy: OK. Miami City Ballet, 50. Mr. Plummer: Wait a minute. Ballet, 50. Mrs. Kennedy: Calle Ocho Open House, 35. Orange Blossom Classic, 35. Mr. Plummer: Well, that's already gone. Mrs. Kennedy: What do you mean, "gone"? Mr. Plummer: It's already gone. That money's already been spent. Mrs. Kennedy: Oh, OK,yeah, all right. Mr. Carollo: It's 50 that was spent, not 35. Mrs. Kennedy: No, they were asking for 35. Latin Orange Fiesta, 35, and Sunstreet, 45, and Three Kings Parade, 25. Mr. Dawkins: Of these that you recommended, Commissioner, how many of them are nonprofit? Mrs. Kennedy: In this way, you can get... Mr. Dawkins: How many of them are nonprofit? How many of them are nonprofit of those organizations you proffered? Mr. Plummer: They all better be. Mayor Suarez: They should all be nonprofit. Is there any of them that isn't? Mrs. Kennedy: No, I don't think so. Mr. Carollo: Rosario, I'm sorry. Can you go through that list one more time? Mrs. Kennedy: Sure. Miami City Ballet, 50. Mr. Carollo: Fifty. Calla Ocho? 72 November 13, 1986 - . _ ter•: Mrs. Kennedy: Calle Ocho, 35. Mr. Carollo: Three Kings, 25. Mrs. Kennedy: Three Kingw, , :5; Sunstreet, 451 Latin Orange Fiesta, 3S. Mr. Plummer: oh. .,Alt a minute. Mrs. Kennedy: Than T hAro Also the Orange Blossom Classic, 35. Mr. Plummer: That'e A ri.•e,i . Three Kings how much7 Mrs. Kennedy: 7rpnt.y-five. Mr. Carollo: Twenty-five. I could go with this. The only area I have a question Is 50 to the, Miami Ballet. Maybe we could split part of that to someone al era. Mrs. Kennedy: Commissioner, I'm sorr7. What were you saying about the Miami City Ballet.? Mr. Carollo: The only question t' t I have on these numbers her which are basically similar to the ones thac I was working on, is the full $50,000 to Miami Ballet. Maybe we might want to give part of that to the Coconut Grove Playhouse or, you know, or Goombay. Mayor Suarez.: We're leaving Goombay out. Mr. Carollo: What does Goombay usually need, Mr. Manager? Mayor Suarez: We've got the vice president of it. Mrs. Kennedy: Goombay needs 50. I think. Hold on one second. $56,500. Mr. Carollo: What you got to do is try to find a balance between the Funds and the different communities, also. Mr. Odio: They require $60,000. Mrs. Kennedy: They got $56,500 last year. Mr. Dawkins: You're talking about a balance between the communities, that guy Jacques D'Espinose, he's always trying to do something out there in the Haitian community on the Fourth of July. He don't even get five lousy thousand dollars. Mr. Plummer: Well, you know, I didn't want to bring up a balance. But as you have it here with the e-T�eption of Miami Ballet, you have not allocated any money to the so-called Anglo community. Mr. Dawkins: You don't need any. Mr. Plummer: We don't need any. OK. Mrs. Kennedy: Miami City Ballet is everything. Mr. Plummer; I'm saying with the exception of Miami City Ballet, every one of them are Black or Latin festivals, OK? Now you're going to have some that are going to come in and disagree with that - St. Patrick's Day, you know, all of those other festivals are going to be in here reminding you. Mrs. Kennedy: I agree. Miami Magic is very nice, and they got $18,000 last year, which is... Mr. Plummer: Which is Miami Magic? Mrs. Kennedy: Miami Magic - the one they do downtown. That they close the street and sell things. Mr. Manager, can we snake it $250,000, and then we include Goombay and Miami Magic? - 73 November 13, 1986 Mr. Dawkins: No, I will not go for 250. Nov if you got three votes for 250, you got it. I rill not. vote for 250. Mr. Flummer: Vell, wAit a minute, now. You've got to include in here, you know, of this mnnr-y -e've Alreedy given $15,000 to Pethune-Cook. Remember that. ThAt. wpc supposedly the bPlAncA of the Orange Flossom CIP-ssic, so you've got to include that in there. Mayor Sueres: So with that ppOrge we'd be up to $240,000, with the other $15,000 elrpgdy given Away. Mr. Hummer: Well, that doesn't include Goombay or the other one she mentioned. Mayor Suarez: Yeah, without inclu6ing Goombay. At your own risk, Arnold. Mr. Mittelman: I swear. I do this because 7 know a .,it About tnis business. I've been in it 25 years of my life in three major cities. Mayor Suarez: I've only been in it twelve months, And it's been painful, but some of the fellows here on this Commission - and I'm excluding Commissioner Kennedy because she wasn't here all that time - have been at it, in some cases, for 16 years.. And some others seven and eight years, here on my right. Mr. Mittelman: May I make a suggestion? That you define a festival as a one- time -only -a -year event, that has a certain framework of timing And A certain kind of constituency that it serves. And that you then look, at some immediate future time, at your maj. - institutions in the community - the opera, the ballet, the hopeful symphony you will some -'ay have and the Coconut Grove Playhouse, and address funding those in a new ordir,anco which identifies a major performing arts institution, in excess budge of $1,000,000 with an annual activity, and come up with a new or.din— e to fund thn-e activities, and separate out clearly your festivals and p:..,. activities from those. Mayor Suarez: We may very well do that as to the permanent institut.ons, but we're... Mrs. Kennedy: It is a good idea, and when I talked to the Miami City Ballet, I was just thinking, if we had gone through this and approved it at the last Commission meeting, they would never have gotten anything. I am very worried about new groups coming in. Mr. Verdeja: Can I say a word? With all due respect to the Coconut Grove Playhouse, he can wait for the future because he's already negotiating a $200,000 amount, and it would be very nice then, two months from now or three months from now, to come back and say, "Well, in addition to the $200,000 loan, now I want a $100,000 donatitn." So, with all due respect, I think you should consider that. Mrs. Kennedy: OK, here's my motion. Miami City Ballet, 501 Calls Ocho, 35; Orange Blossom, which we already gave, 35; Latin ..range, 35; Sunstreet, 45; Three Kings Parade, 25, for a total of 225. Mr. Plummer: No, well, you've already given 13 to Bethune, so you've got to include that. Mayor Suarez: It'c really 240, because we've given away 15 already. Mr. Carollo: The ordinance was for $200,000. Mr. Dawkins: That's right. One fifty is all we got to work with. Mayor Suarez: So we're at...The motion as stated would amend the ordinance to go up to 240. Mr. Dawkins: OK. Mayor Suarez: And I second it. Mr. Dawkine: That's no problem. Properly ived and seconded that we move the amount from 200 to what, air? 74 November 13, 1986 Mayor Suarez: To 240 including what we've already given away in the amounts proposed by Commissioner Kennedy. Mr. Dawkins: Now vpit a m3rutr. Two forty plug the fifty we've... Mayor SuerF7: No. it`s R t.otAl discuFRion7 -- _.--- - if +xhw rtnn live with - _-___-- Mrs Kennedy: What I was ¢Dina to ask Esst! _1 : - wny- nave -tire..-zI-IVW-ATT justify her request, __.somebody else attemptina to Justi nuant - - service, what the City of Miami said the service would cost. This is not y .,.,.LH&S -PIzGC Mayor Suarez: The fre.ction works out to be 5/6ths, if we want to go on 5/6ths of the prior motion. To stay at 200. Commissioner Carollo, is your main objection leRving out Coom.bay7 Mr. Carolle: FArtly. The motion T'd like to make is that... 1-tt mo go slow. We give $40,000 to �. .__._._.._._ Mt. ppwkins: Thirty to the Latin OrangF% 136iigherty: 5o give Ballet 25. uunZ1 1gNMC 1e` impo'ss�l;le ___ -____ter ouarez: -_jz ao7en pass on -this Commission, Arnold. to a 21i�� 8- t e Thr�aR ifinast__._. Suns}.r®Q4__ and [' That is six Hr. Dawkins s And that' a h is ' o f Mrs. Kennedy: I just don't see how you can put the Miami City Ballet with that money only. Mr. Plummer: I don't. know how you're going to do it otherwise. And I vent to support them t-o the 550. 000, and I'V& SLALAd f rfyn r ►i. -I%m& ; nnsna ns.A — - Ste"-rv'7 ,7 Y 1 71 7 , ap `crF5 ou-r 1,re2k c> arcs ei ... .Ft think about it over --- But, excuse rne, I`m not the z one recommending this. Mr. Aigvor_ blr_ rim --- - : rn s3meone TFafwe can delerite authority, that really UTTTg�a. w �aiTi sees it, and I don't ever know once where we followed the full recommendatio PS,of the committ,e,.,- -- - yT -- t'a wetter to think about it with a full stomach. yQr. Suarez: OK, We have one item - I don't know that it can be resolved w . far it., It's Item 4F�t 0 Commission didn't mind, to try to get that item resolved so these children can go home. That's what you're here _-- r a r 25. BRIEF DISCUSSION _-AND---TEKrORARY i3EI'ERRAL OE PROPOSED-- ,— m Bayor Suarez: Let me just ask the Manager... has the Manager's recommendation changed in any way? ?fir. i lummer : well, wait a_ minute -now.- and You know.-_ I —want_ -Channel _4 to_--- mLL�s3i= InzFiis�_or¢an�aiari-_thgt hA -- indication was that it. most likely would not, but the only reason that we _ . i.a.ar.• -aa •. rnr -aaa. • a.-t... 4�Y:'tti-�Yllr:ir:• tttr9^ . I don't listen to the radio. I don't read newspapersl avert avg nt-..me— 5_ T Mr. Frank Scruggs: Mr. Mayor and members of the Commission, I am Frank Scruggs of Steel, Hector and Davis, 4000 S.E. Financial Center. We are -- -= --_ ����'� '" - �� this_. , tinse• however, we have observed that the i — � zaai `appears o Yi inclined to have something to eat and we hope that we will have... we will try to make the orderly presentation that I want to make, and that my good friend and colleague, Dr. Osvaldo Soto wants to make along with me so we would be prepared to go now, if that is your pleasure, or we er lunch, whichever you prefer. mayor Su4-irm I vresume-,._pr9codurally this should be ok, Madam City Attorney, wherever you are. Can we hear from the people that are here with children? _ ._ what---iLtdr--aris.. unit QA,__ —and what kind of statements do you want to mat e#—, T — -. aq _ you -can &iv a statement and not have to come back after lunch, if this Commission deems not... is not disposed to decide on this before lunch. - qu re-aence---ot misieaaing meaia... we are only nere today to hear additional or new evidence that was not presented in the first s • - Mayor Suarez: Well, in the first one, we did. In the first one we did, Madam City Attorney. Mr _- P I ummt+ r a _ ]";?t commix -pion mo*f3tQ, y .) did not, hpse on t_he ppendp thR p4prd of the ontrAcL to- Lhg_ Inwffl r.L-_.hi? $mr—_ Al i unit _hnrJ-- nn e,.._._.___.�.."i"TZ73C""'E"S�`t�L i��:'.__.i'.rT`�'it'E....�.'f-'i.'!'C_�'Eiii_'�i`". . _. -. ._._. �.�.�... .r,.-.._�-..---.-•_.�.;,., T.._..�.m,..�..-„�..,,�-�-.-.-,.�---p---F„-.,•.�-.,. Mr. £lt-jmmer: Not on the pgendp. the agenda. the awardin of Mayor Suarez: Not even the first __- riaht? to be presenting is --�mayor�ua ez: es, wemaon t want to re ear the whole thing Frank.' Mra,imeg That's r.ightl Mr. Scruggs: That is correct, we understand and we appreciate that opportunity, and we know that the information we are about to present to you now is not repetitive, that it is new information, some of which is included in some packages that have been delivered to members of the Commission. Their additional package is here now. Mr. Mayor, do you have the new materials that we prepared for consideration? Commissioner Plummer, do you have the new materials that we have? Mr. Plummer: Do I have them? Mr. Scruggs: Yes, sir. Mr. Plummer: Yes, air, which I requested of the gentlemen when he came to my office. I have all of this, plus I have this. z Mr. Scru sa All right, air. Most of the discussion that occurred during the ini 3 ' erat. ion about this award was about a letter from an official of the food program office in Tallahassee. Commissioner Plummer focused about seven the time that the Commission discussed this matter on that left" commendation was that this Commission reject Diateraft's low lid llegedly based on past poor performance. After this meeting, knowing-__ at we had a chance to present additional evidence, we initiated administrative law proceedings in Tallahassee, and brought it to the attention T__vi` ttie a prapriate quasi-judicial officials there the action that had been -:. . ®iener .::1 aiph, 'fu orlds �. .. immediately rescinded the edict of those o f i w v old you that.you jam- - -... that I am going to tell you about now, he stopped the music and said, "Wait a 11 E misrepresentations. These are strong words that I don't use even in the hotness of litigations regularly. You will shocked by the fact that your staff has intentionally, or recklessly mislead you, and that you and the l► t7T!P ; R4iiC�; :Y3ii�f7 7 "i £ fi.TTTTUV, l IF,i fik Voi) will PprFF w)th usthey are= reekleEely mAde . they are= false, and they are unfounded. Fpcal�ep vp area — ,T.Fa'r7�s i' , p r�>,.-� i- ppT on in ar.ri "A and in the nation and around the.. world, who has writ.tpn the diet inct ise: cn IT UP 73 ; A b, VO At �^ppy to say, A�' i - name+ is ' .. and I s has -_ a....FTz3�YT"s";" i Tiut ;�, i iruc a as nat.iona i5 ribi t.Rd country and he has even been summoned to the Vatican by the Pope to deliver i-on._ of food -AV=. ..__s--I.ur-s. Atter leview:.ng - fi I_ �i b~ t 1 n rn n [A t h a i ! .ems _ p a f r �� .. .. ,. .�,__ ;.ems.® _.«►,+at : that' cited t 7 _ r .QLere z�.v.t3 itip�tatures which they �i T'te, Dr. Kochevar opined that those temperatures were ............. . _ c�r1 T4- t"� row , w it h r e s p e c t to alleged food discoloration, Dr. Kochevar observed that there are explanations for such phenomena, that indicates why this kind of thing could h+� _oportuit, to examine the people who rendered the opinion ate. a .:.., . - i`Ubt ecified number of rotten sandwiches, we would be able to determine and prove to you that we are talking about a handful of sandwiches, less than five, and these are not rotten sandwiches, there was an — occasion of discoloration. Regrettably, Mr. Mayor, when we requested an opportunity to examine under oath, the City officials who made these scurrilous allegations, our request was denied. We were then told that, "Well, why don't you come back, you can talk to them, but only in the presence of senior staff of the City of Miami." We got another call, that invitation was revoked. Mayor Suarez: Frank, let me ask you a question, I was looking at the affidavit, and I don't see any reference to that one allegation that really kind of comes out at you, flies out, of all this, is the one having to do with rat feces in the food. Did he give any opinion on that whatsoever? Mr. Scruggs: Well, Dr. .... Mr. Odio: Mr. Mayor. Mayor Suarez: Yes. Mr. Odio: Mr. Mayor, I want to say something for the record. He is calling the allegations some type of scurrilous, or whatever. I object to that. He hasn't proven different, and we have staff people here willing to testify that ` the food was green, and it had feces in it, so I really object to him using that kind of word about the staff. He hasn't proven yet that they are lying. Mr. Scruggs: Well, what we sought was an opportunity to have a forum where we could un a Ch.,to r,sk about this... Mayor Suarers Yes, it looks like we are going to... to the rat feces "'cident, Mr. Mayor? The not there is anything about _h ---legAtIlm, of rat feces — --- . - o e was present that shows that the company did something wrong. We say that they t�av� arr�d ir:p.riiat�,C..._ 11br9ught in the Healtht- ° d the M ,da_ rat probl.,. , and-' gmm g° nut 600,000 f kls w - Mr. Scruggs: The expert did not opine. I have Dr. Soto with me, Mt. Carollo... - Mr. Ca.rollo4_ Excus, me, si.r. I have to o I have an appointment, it is past �._ r c a i'i3T Fie yet at a 7:.. z,vc f. he more than happen t.o take _-. with everyone. 140TE FOR THE.FF'CORD- COT;14ISSIONFR CAROI LO, A74D VICE45AYOR DAUrKINS LEFT THE MEET v " M r.M. 3r. :cruRg we are saying, Mr. is that we have initiated the judicial proceedings that are likely to give up the forum that; wa need, but you seers to be on the reed to make a decision before that. All we are saying _,Af,_,,you, must proceed, there is. reason to pause, look at the invoices that they say support their eummaries. They do not, and this is no -? offense to Fir.. Cdio or anybody else, but the _.dct is, that an inspection of r ai- ehoir the folloving .: .1.w-......r.».m:... .........„ ...»:.rar2in.z+i.!✓5C4.,�r.., ... ,.. ,.:.... - Mayor Suarez: Frank, we are going to take that up after lunch. Is Mrs. Adams here that wants to make a statement? Would you like to make that before we --- m.� _ b c are you �,going to want to .r., .'`ie'time in the world to complete your presentation and... Mrs. Anabelle Adams: I didn't come here to speak, believe me, but I am speaking on behalf of Shenandoah Day Care. I am president of the P.T.A. I wrote Commissioner... Ms. Hirai: We need to get your name and address for the record. Mr. Plummer: Your name for the record. Mrs. Adams: Anabelle Adams, 21 S.W. 21 Road. OK, I wrote a letter to Commissioner Rosario Kennedy. I wrote a letter to Vice -Mayor Dawkins. I sent a CC to yourself, because I am a concerned parent and I have been at the day care on field trips and I do not approve of the food that was given to the kids. I have two kids there, presently, I have one, but I had two kids there and frankly, you know, no offense, but I think that the catering company we have now is the one that we should continue to have, and the one that we had during the summers, or, you know, the bad sandwiches, and stuff, I think, you know, it is our kids, it is their future, and I like said in the letter, I don't know if you all have a copy of it, you know, if they gave you... Mayor Suarez: We will make sure to put it into the record. Mrs. Adams: OK, if they gave you a bad sandwich, you can choose whether to eat it or not; you give a kid, you know, a sandwich, if he is hungry, he will eat it 1 He may not think it tastes good, he might let it go, but if he is hungry, he may keep eating it, so who gets sick, you know? It is our kids, and I think that they are our future, so we should look out for their health. That is it. Mayor Suarez: Thank you for your testimony. This Commission is adjourned and we will continue hearing this item. Mr. Bob Hasman: Food for thought, for lunch) Mayor Suarez: Food for thought, you had to say that nowt —` Mr. Hasman: I had previous experience in allocating funds, I know it is very difficult, I had a hard time doing it at the United Way I think if you think ffguras. n TT 1 THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON RECESS AT 12:20 P.M. AND RECONVENED AT 2:33 P.M., WITH j ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, FYCFFT CC!MMTSSIONTE.RS CAPOLLO AND KENNEDY. 25.1 PRESEN`,ATIONS, FLAOUES & SFECIAI, 1TEM,S. PROCLAMATION: DIABETES AVARENESS DAY: FF.00L.AIMING NOVEMBER 20TH AS DIABETES AWARENESS DAY AND PROMOTING THE URGEN:7Y TO BRING ATTENTION TO THIS DEVASTATING ILLNESS. COMMENDATION: LEATHER CENTER: COMIENDING THEM ON THE OPENING OF THE FIRST LOCATION FOR THE LEATHER CENTER IN FLORIDA. 26. ACCEPT F.P. & L. DONATION OF A VAN FOR FIGHTING CRIME. Mr. Dawkins: Mr. Mayor. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: Mr. Mayor, since we are waiting for the other Commissioners, could we go ahead and do item to accept the van from Florida Power and Light. What item is that, Mr. Mayor? Mayor Suarez: Mr. City Manager, do you know which is that item that has to do with... Mr. Dawkins: Item 84. Mayor Suarez: Oh, OK. Do we have a representative here from F.P.&L.? Do we need to have a representative here? Mr. Odio: yes. s r Mr. Dawkins: We have got two of them here. Come on up.! Mr. Odio: Mr. Sanchez. Mayor Suarez: The ubiquitous Guy Sanchez. We are always ready to accept things here. Commissioner, do you want to make a statement? Mr. Dawkins: Mr. Mayor, we toyed with the idea of trying to obtain some kind of surveillance of the drug flea market on 59th, 60th, and 61st Street, and we felt the only way to combat it would be to have a roving TV camera that would constantly go through there, 'ecause J.L. Plummer and I rode through there and everybody knows how official J.L. Plummer's car looks like, and the guys rode up there and just stuck their hands in there and asked him, what do you want, and they had about six choices, so they are going to provide the van, Mr. Manager. Do we have the equipment? with the TV equipment which to put into this -ran? Mr. Odio: I think we do, and the Chief was waiting to get two more vans, so, if we don't have it, we will get it quickly. Let me put it that way, ! Commissioner. Mr. Dawkins: Well, why would the Chief wait to get two more vans, when... how _ long have we been working on this van? Mr. Odio: Well, as I recall... Mr. Dawkins: No, wait a minute) No, no, how long have we been working on F: this van? 82 November 13, 1906 Mr. Guy Sanchez: We have been working for several months, Commissioner. Mr. Dawkins: I mean, six months, Mr. Manager! Mr. Odio: I know that, I know that, but. T know what happened, and Guy vas... Mr. Dawkins: No. no. Vh v hrvrn`t we. ordered the TV equipment, to have it here when the v;in gets here, Vr. t;rnag¢r, thrtis my problem. Mr. Odio: Commissioner, T will find out from the Folice Department whether the equipment is here yet, and T will let you knew today. NOTE FOR TIiF_ RFCOP.D: COMMISSIONER KFN111FDY ENTERFD THE MEETING AT 2:38 P.M. Mr. Dawkins: Mr. Mayor, I'd like to make a motion that we accept this van, and that we give the tianager two weeks to get the equipment and equip the van and put it into operption. Mr. Plummer: Second the motion. Mayor Suarez: So moved and seconded. Any discussion from the Commission? Please call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 86-915 A MOTION ACCEPTING FLORIDA POWER AND LIGHT'S DONATION OF A VAN TO THE CITY FOR PURPOSES OF FIGHTING CRIME; FURTHER REQUESTING THE CITY MANAGER TO PROPERLY EQUIP SAID VAN WITHIN THE 14EXT TWO WEEKS IN ORDER THAT IT MAY BE IMMEDIATELY PUT TO USE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mr. Dawkins: Where is the van now, sir? Mr. Caesar Phillips: It is at Miami Northwestern. Mr. Dawkins: All right, will you go over and tell the Manager, so that tho Manager can send somebody, and the keys. They are going to tell you now. Go _ ahead. Mr. Odio: Is this the one that was at Northwestern Senior High? Mr. Phillips: Yes, air. Mr. Dawkins: And explain that letter in your hand to him too, please. We don't need that in the record. Thank you, Mr. Mayor. Go ahead. NOTE FOR THE RECORD: COMMISSIONER CAROLLO ENTERED THE MEETING AT 2:41 P.M. ----------------------------------------------------------------- NOTE FOR THE RECORD: COMMISSIONED KENNEDY RECOGNIZES AND INTRODUCES GIFTED CUBAN WRITER: GUILLERMO CABRERA INFANTE (AUTHOR OF "TRES TRISTES TIGRES") 83 November 13, 1986 - - ---------------------------------------------------------------------- ---- 27. CONTINUED CONSIDERATION OF RESOLUTION AWARDING BID FOR FURNISHING MEALS TO CITY'S DAY CARE CENTERS AND PRESCHOOL PROGRAMS (AWARD TO: GREATER MIAMI CATERERS INC.) (SEE LABEL 075) ----------------------------------------------------------------------------- Mayor Suarez: Item 59. Mr. Frank Scruggs: Mr. Mayor and members of the Commission, happy for the calm environmFnt, I am going to speak quickly and conclude my remarks and then introduce Dr. Soto. We extended with an exchange between the Manager and me, and I. want to make it clear that we understand that the City Manager is doing his job. This is not a set of personal accusations in any way against him, but we think the task is not whether or not the Manager's staff can be defended. The question is whether or not the truth can be found, and whether or not the result that you reach is based on the facts as we presented them. We have Already produced a series of records in the last submission that show just flat contradictions, changes in records. We show that times were _ changed, and other things were just different in our invoices from the way they were in the City's invoices. That has not been explained, so let me make my last three points, and we have a proposal that we hope this Commission will consider seriously. Mayor Suarez: Counselor, I am curious about one thing. When you say the City Manager, in their evaluations, you make reference to that... is there anyone from the City Manager's office that is a food expert, or otherwise qualifi 1 to... Mr. Scruggs: Well... Mayor Suarez: Or are they just going on their own understanding of food? I guess all human beings have some understanding of food. Mr. Scruggs: That is right. That is precisely the point. We don't perceive there to be any expertise there, and so that to present this Commission with a set of 190 complaints purporting to establish food related violations, and when an expert comes in and says on superficial inspection, that 120 of them, (64 percent) are just off the wall, we say, "Wait a minute, stop. Let's look at that a little more carefully." We have indicated in our materials that the charges, even taking all of them that have been made, are just out of perspective all together, to a program that lasted eight weeks, where over 500,000 meals were served, and now we have a handful of incidents, particularly, two spectacular incidents, and we just think that it is regrettable and unfair that those have dominated all of the concerns, when we think they have been adequately addressed. Finally, let me just say that the Dietcraft would make this proposal. We understand that the City staff Parks and Recreation people would be exceedingly vigilant about any act of nonperformance by Dietcraft in the future. We would ask and plead that this Comm:.s-Tsdo the following: establish a three month, or a six month trial period, during which Dietcraft would be required to demonstrate that it has extra dieticians overseeing its operation, and doing which it would submit itself to an extremely vigilant and rigorous period of scrutiny established by the Commission staff. We know that during this period of scrutiny, the press, members of the public, this Commission staff, would be watchful and mindful, and make sure that nothing happens. But, we know that based on the past ten years of performance by the company, and what we contend to be a satisfactory an able performance this summer, that a performance during that period would be more than satisfactory, so let me just conclude my remarks by saying that I notice that there were some children in the audience earlier. I hope that those children will hear on the news, and read tonight an important lesson about civics; that is that somebody can be in what appears to be an untenable circumstance, accused by a lot of people when they are down and nearly out of things, that just seems to be just outrageous, but that this Commission will stop and listen to the facts enough to put them into perspective, and show those kids that their mothers and fathers might someday be in the circumstance -_ where they are down and nearly out, and a lot of people might be jumping on them, but that somebody in a position of government would say, "Wait, let's stop, let's find the facts and look for the tru,,.;" and we think the truth is that Dietcraft has performed ably, was na✓er criticized by way of deductions during the time, 84 November 13, 1986 never accused of breach of contract, and I went to introduce Dr. Osvaldo Soto, Mho will t-lk some (bout this question of records, and I t:iink probably communicate with even more passion, my deep sense that this it a question of a family run business that perved you faithfully for a decade. It should not permit to bp destroyed €p a result of this proceps. Di. 0srakin Sct?: Mr. Mayor .nd Commippionfrs, City fttorngy, City Manager, mambere of the staff, my nar^a iF Opvpldo Scto, Fnd I have rry lav offices at 1950 S.V. ^17th A� Fnt�p, P4iFmi. Floridp. I hFve bffn lietcraft's attorney on anf n. mostly bfcFup!' for prFc_ticing PIA orney's, FomatimFp it is difficult to separate frien6chip from business. T'he outcome of your vote is much more important that the award of an $86,000 contract tc: one company over the bid of another company vJthout.... Mayor Supre7 Counselor, let me interrupt you. Just to protect you, if you are being compensated in this matter., have you filed the little registration form? Dr. Soto: Yee, Mr. Mayor, I did yesterday to comply with Mr. proposal. Mayor Suarez: Very good. Mr. Carollo: By the way, Counselor, let me congratulate you. I understanding you are starting a new law firm beginning January of this year. If you could extend my congratulations to one of your new partners, Mr. Tony Zamora, that I am glad that after six months of not practicing law, he is going to go back to — practicing law. Dr. Soto: I am trying to organize his office, Mr. Carollo, and you are welcome anytime you need me, as you have had in the past. Mr. Carollo: Thank you, sir. Dr. Soto: The outcome of your vote is much more important than the award of the $84,000 contract. What is at stake is something much more serious. It is the name and reputation of a 14 years enterprise, and the family that helped build this enterprise with the years of hard work and dedication. Nobody claims that in this type of business, there are no mistakes. When you serve thousands and thousands of meals every day, there is no way to avoid common and normal errors. The problem in this case is different. The claim is that my client's performance is in short totally non -responsive. This allegation brought about by one or some employees of the City of Miami are very serious. They have resulted in a lot of bad publicity for Dietcraft business. TV and newspapers have disseminated, the allegations being made in what I consider an irresponsible manner. You have been handed packages. Part of those packages of items prove two very important points. Number one, has to do with the quality, colors and temperatures of certain products. This question has been answered by a signed affidavit by a scholar in that field, and needs no more explanation. The second one, and this part was distributed to all of you in a previous session, has to do with the claim of my client that the invoices that were signed, or handed to Dietcraft employees on different dates and different occasions and places by City employees upon delivery of the meals, are different from those shown to Mr. Scruggs upon his request for discovery. It is a pity that Mr. Scruggs was denied the right to take the testimony of these employees. Perhaps he would not be here today if this had been allowed. It appears according to my client's records that there are discrepancies and differences in those invoices. If there was only one instance, it would be more than enough to question all of the allegations made against Dietcraft, but it appears that the discrepancies and differences are many. On the F lateness of the delivery, or the hot or cold all of the meals are shown in the City invoices, but not in Dietcraft, which are supposed to get it from the City employees and according to Slack's law dictionary, and I brought copies for all of you, there is only considered one legal word, which is And this is even more serious when you realize that the outcome of your vote and the future of Dietcraft and its owners are intrinsically related to those invoices that ray client has questioned. This is a very serious matter. This is a very serious allegation. My clients have suffered a great deal already. It is up to you to stop the suffering and displeasure from going on. May I say that this morning you saw some children here. We could have this place packed today with clients of Dietcraft. They serve r communities from Palm Beach down, but we are not going to take your time in that respect. We have asked only one person to come here so she can be heard. 85 November ld, 198b She is the director of the Greenwood Community Center, where Dietcraft, Mr. Mayor and Mr. Commirrionerr, have served meals at the amount of 4,000 to 5,000 a month, during not nne summer, not one year, for the last eight years, and she can tell you, Ms. Tngrid Grau who is here, what kind of cervices Dietcraft provided to Greenwood Community Center.. Thanks very much, Mr. Mayor, thanks very much, fir. Ccmirricnere. Mayor Suarez.: T'hrnk yt-o, Counselor. Ms. Ingrid Grau: Good afternoon, my name is Ingrid Grau, the director for the Wynwood Center, 2902 N.W. 2nd Avenue, it is just to state that services and food, nutritional food, hRs been provided during ten consecutive years, 262 d. yE a year, and during ten years we have received the best of food and the best. of service. Mayor Suarez: At this particular time, what entity is the one that serves the food, or provides the fcod7 Ms. Grau: Dietcraft. Mayor Suarez: Di.etcraftl Ms. Grau: Through Catholic Services Bureau. In other words, we don't pay them. They do. Thank you. Mr. Scruggs: Our final remarks, there are many letters in the file to that same effect. We hope, Mr. Mayor, that you might entertain a motion that was... at least an idea that was mentioned last time of this trial period, or period of that type, that at least would permit the company to show through its performance, that it is not to be condemned and to be subject to vigilance, and to show all the people who would be watching, that it wants to stay in business. We are the low bidder, and we ask to be able to serve. Mr. Carollo: If I could hear from the Administration... Mayor Suarez: Where is the Administration? Are you going to handle this, Jack? Mr. Jack Eads: I hope so. Mr. Carollo: Jack, what seems to be the bottom line of the allegations of why, if this firm, supposedly, as I understand it, was the low bidder, the Administration is not recommending that they get the contract? Mr. Jack Eads: The reason the Administration is not recommending the contract, is based primarily on our experience of their performance over the past summer food program. During that period of time, there were... Mr. Carollo: Let me stop you for a second. Are we talking experiences over several years, repeated experiences, or are we talking experiences during one period? Mr. Eads: We are talking experience over several years, most recently over the summer food program of 1986. Mr. Carollo: Which are the prime examples, over the years of the bad experience that is being alleged that we had with them? Mr. Eads: If you will give me a minute, I will refer to that, Mr. Carollo, I'll be right back. Mr. Carollo: Also, if you could find for us the difference in price that they are giving as low bidders and the next firm that is being recommended. Mr. Eads: Dietcraft bid was $1.18 per meal, and the Greater Miami Catering was $1.24 per meal. Mr. Carollo: $1.18 and $1.24 per meal. Mr. Eads: Yes, air. Mr. Carollo: What is the total savings that we would have with Dietcraft? 86 November 13, 1986 Mr. Eads: The total difference between the two I think would be approximately $6,000. Mr. Carollo: $6,0007 OK, according to what I have here before me, that was given to me, it starts at October 22 of 1984, it says they arrived late, October 23 of 1984, arrived late Ft :tie same place. October 30, 1984, at Shsnandoah, the same place as previous, only h0 box lunches instead of 45, and they arrived late. Vell, that doesn`t, seem to me - that bunch there, as an overly serious breach, whatever contract they had at the time. In February 12, 1985. Lemon City, five muffins were missing, and 20 hreakf.ast,s were given, not 25. On March J1, 1965, only 13 French toast instead of 25. March 20, 1985, they arrived late. On April J.8, 1985, no biscuits. On May 9, 1985, returned breakfasts, it was fete. May 16, 1985, no bananas. May 24, 1985, returned breakfasts, late. May 78, J985, returred breakfasts, late. It goes on, you know basically, another time bananas were returned, they were too green. Breakfast late, breakfast late, breakfast late. You know, those seem to be all the allegations. Is there anything else besides this here? Mr. Eads: On the next page there is. It continues, sir. Mr. Carollo: OK. This list here is a lot longer than the one you gave before. Bananas for oranges, pear crisp for peach crisp, apples for oranges. It seems that most of these other allegations are based upon them substituting foods, basically fruits. Now, here is a serious onel... graham crackers for corn bread 1 Mr. Eads: Any one of those items probably taken irdividuall.y are not significant. I think you have to take all of those items together and give them some consideration. During the summer lunch programs, there were a total of 5,626 meals affected. For some of the more serious deviations were warm food, late deliveries, spoiled meat, and the one indication of rodent feces in the sandwiches. Mr. Carollo: Taking these complaints aside, they substituted some fruits for others, and yellow rice for white rice, Cheerios for corn flakes, and so on, I don't see in this particular list we have, them being late at any time. Was the nutritional value that were given to these sites, changed that drastically by the changes they made? For instance, if they changed a banana for an orange, or an apple for an orange, like I have here, or pears for peaches? Mr. Eads: Commissioner, that is an unauthorized substitution of food, and in effort to be fair to Dietcraft, we made two discounts in the evaluation process as a result of Mr. Scruggs presentation to us prior to the last meeting. One was that, as was pointed out, we certainly are not food experts, and we simply have a contract, a reimbursable contract from the State of Florida, that tells us to accept food at a temperature range of 40 to 45 degrees, and if it is not within that temperature range, it is considered a deviation from what we are required to deliver, so if the meal was below 40 degrees, and again, at their request, we called the Health Department. The meal was below 40 degrees. Mr. Carollo: Well, but that wasn't any of the allegations that I am seeing here. It didn't involve any of that. Mr. Eads: Well, you had asked me previously were there other allegations, or other problems prior to the summer lunch program?- and yes, there were. Those were some that occurred prior to the summer lunch program. Mr. Carollo: The -ther vendor that made the other bid, the one that was recommended from the Administration... Mr. Eads: Yes, sir. Mr. Carollo: ... have we had any kind of experience with him? Mr. Eads: Yes, sir. We have had excellent experience with Greater Miami... Mr. Carollo: We ever had any complaints on them? Mr. Eads: No, sir. j 87 November 13, 1986 i Mr. Carollo: Not even one complaint? Mr. Eads: No, sir. Mr. Carollo: Now long have we dealt with them? Mt. Ead One year. Mr. Carollo: One year? Mr. Eads: Yes, sir. Mr. Carollo: OK, what is the total value this contract is worth? Mr. Eads: I believe it could be a maximum of $87,000. Mr. Carollo: This is really a tough decision for us. We are not food experts, we don't know just how serious this is or not. You kno�, looking at it just overa_l from what we are given, I don't really see the seriousness involved there, but... Mr. Eads: Well, Commissioner, we have a contract that we operate from from the State, and we are required to operate within certain guidelines, and we have to demonstrate our ability to operate within those guidelines, and that is what we require of our vendors. Mr. Carollo: Madam City Attorney, are we required by law to accept the lowest bid? Mrs. Dougherty: You are required by law to accept the best, most responsive, and responsible bidder. It has been deemed by the Administration that Dietcraft is not a responsible bidder, and that is why they have recommended the selection of the second bidder. Mr. Carollo: Well, that is a pretty serious charge that they are not a responsible bidder, I mean, if they have the volume of customers and so on that they have, I think we would be pretty hard pressed to try to justify that in a court of law that they are not a responsible bidder, that we have not maybe, had the full expectations that maybe we expected from them in our experiences from them, that is something else, but, I don't know) Mr. Odio: Commissioner, it might help you, to tell you that we are willing to go to court if that is the case. Mrs. Kennedy: Mr. Manager, let me say something. I think it is really very unfair to put this Commission in the position of being a court of law. You know, we are not experts, like Commissioner Carollo just said. You know, if there is a grievance going on, we shouldn't be here deciding this. You have done wonders with the budget, your Department, you know, I have nothing but praise for you, but why couldn't you resolve this? Mr. Odio: Because, Madam Commissioner, we are recommending, we award the food contract to Greater Miami Caterers, and they are saying that we are not recommending according to their wishes. Hr. Carollo: Who are the principals for the record, of both of these firms? Mr. Odio: I don't even know them. I know Mr. Pitaluga, and I don't know the other party. Who is the other party? Mr. Scruggs: To be responsive to Commissioner Carollo's questions, we got the Secretary of State's information and put that in our package. At the last meeting, someone appeared and said she was the president of the company. The records of the Florida Secretary of State, through November shove that that person is not the president of the company, moreover, we communicated with Dade County's minority business department, and they said the company is not a minority company, they are not qualif:sd as a minority company with Dade County. Mr. Carollo: Who are the otficers, or directors, or owners, that you were able to find out from that? Sd November 13, 1986 Mr. Scruggs: Yes, Commissioner, they are in our tab, we... Mayor Suarez: Wait, wait, Counselor. Let them say it, and you can contradict it, if it is not the case. Why don't you answer the question as to who the principals are of your company? Mf. John Olmo: fly name is John Olmo, I am the Manager of Greater Miami Caterers. The *ddreFF is 2620 13.W, 27th Avenue. When we were before you thre® weeks ago, I had the owner, Mrs. Butler, Mrs. Jacqueline Olmo Butler, my sister. Our father is Puerto Rican. She owns 100 percent cf the stock. The owner and the founder �)f the business, her husband, Mr. Butler, Went on full physical disability back in October of 1980, or 1982. The man has had kidney transplants, he no longe_- functions in any fashion of the business. Mrs. Butter is the owner of the corporation. His delving into the Secretary of State's records, I called them myself to find out what they say our status is, and they cannot... they don't allow any information out to Anybody from the public of who owns any stock about any corporation. You can get on the telephone yourself right now and call the Secretary of State and they will tell you the same thing. You can't call them and ask who owns a corporation, and who owns the majority of the stock. Mr. Carollo: All they give you is the officer's and director's names. Mr. Olmo: But... Mayor Suarez: Who in fact, owns the majority of the stock in the corporation? Mr. Olmo: Mrs. Butler owns the complete stock. Mr. Scruggs: Now may I respond? Commissioner Carollo, under tab three, we have the Articles of Incorporation, which list the tnitial subscribers, the owners of the stock. Mr. Carollo: I don't really care who owns it, I just want to make sure, so that, you know, no one says that it is security for anybody later on. Mr. Olmo: He can contest it all he wants and you can believe it. Mr. Odio: I have a signed affidavit from Mrs. Butler, showing the ownership of Greater Miami... Mr. Scruggs: Our point, Mr. Mayor, was that as to those three points, we were not disqualified before the bidding started. We are allowed to participate. If we are not responsible, we should have been disqualified before the bidding started, as not being entitled to participate. Mr. Carollo: That is a good point. Mr. Scruggs: Second... excuse me a second... second, in the program that you were referring to, those alleged late deliveries for breakfast, by agreement with the involved parties, the breakfasts were delivered the night before. Not having gone to find out, they are alleging tha_ they were late. Mayor Suarez: How do they know you are going to participate in the bidding, until you participate in the bidding? Mr. Scruggs: Pardon me? Mayor Suarez: How do we know that you are going to participate to let you know if you are responsive or not, and responsible or not, until you do? Mr. Scruggs: You have two devices. You can debar a company. First, there is a provision in your ordinance for debarment so that if... Mayor Suare%: We haven't done that) We haven't done that. Mr. Scruggs: I know, but second, when you accept a bid, you can reject it initially as being non -responsible, and refuse to consider it for purposes of determining the lower bid. We think, and we really hope that you will give us this opportunity to vindicate the company through good performance, as we did for a decade. 89 November 13, 1986 Dr. Soto: Mr. Mayer, may I add one more... as the City Manager has stated, with all due respect to Mr. Odio... or the Assistant City Manager said... I am sorry, it was the Assistant. City Manarer, said it had been in the past, the same experience, vhy thia mr-t.t.er vas ercught ncc^ why, when this F-gs awarded to Dietcraft this s�ammmr, thsy didn't raisa any gilastions regarding the past experience vith P5Ftcraft.7 phis matter - has been crePtrd right now. It. never happened before. Mr. Odic: osvalr,o, with dun respect, and that you are an attorney, and I am not, because of omission, that doesn't maka what is happening now correct. We still remain with the information in front of us that the food was defective, and we have to stay with that. What happened, whether somebody by omission does not act, that. does not maka what is happening correct, and you should not be awarded the contract anyway. Dr. Soto: But, the question is, Mr. City Manager, or Cesar, that this matter was knoum before. Mr. Odio: That is what I am saying. Suppose that it was... Dr. Soto: I have raised the question that the matter is not only a small item, but items that there is a lot of discrepancies. We have here our records. We have the invoices. We have checked your own records. I don't vent to say that it was unintentional, but I have an idea what happened. This matter was completed some time in the last month, and not before, and I don't think that is fair to anybody, especially when an enterprise has been working in this City for this many years and provided the services that Dietcraft has provided. What it means, Mr. Mayor, and Mr. Commissioners, this is a very serious matter to Dietcraft. Mr. Olmo: Just to state for the record, then, you are stating that... Dr. Odio: Don't get into it. Mr. Olmo:... the City's records have been altered in some fashion, just so to be sure I heard... Mr. Plummer: Mr. Mayor. Mayor Suarez: Yes, Commissioner? Mr. Plummer: Excuse me if I have a problem with the name of Mr. Pitaluga. I'm close. Mr. Mayor, this gentlemen came to see me in my office on Tuesday. I asked of the gentlemen, that as far as I was concerned, as I stated at the last meeting, I am not concerned about the trivial matters. Sure, they deviate from the contract as far as a banana for an orange, or white rice for yellow rice. Mr. Olmo: Can I comment on that? Mr. Plummer: I wish you wouldn't) Mr. Olmo: Well... Mayor Suarez: Please, please, pleasel Mr. Plutnmc.r: I think those are matters which, you know, they are going to happen, and maybe the "Yes, no bananas," and "bananas, no", but... I really don't really feel that yes, it is a violation of what they were supposed to do, but I don't think that is really that important. As I told this gentlemen, there are twa things that are important to me, and that is the allegations that are made, and the allegations basically resolve down to two, in my book, and the one, I don't think has been disputed by anyone, including _ the owner of Dietcraft, as to the rat feces in the sandwich. It did happen, his contention is that it was not his responsibility, nor his local shop that did it, that it was Southland Corporation in Orlando, and that it was reported to the proper authorities. The second allegation is about the so- called green meat, moldy. I think both of them are legitimate concerns. This gentlemen at the time expressed to me that he felt that there was an explanation, and that it could be forthcoming, and my advice to him was to g4. f,`r out and get an independent individual, no relation to him, or to the City, who would come forth before this Commission, whether in an affid- it, or otherwise 90 November 13, 1986 in person, and tell us that this was a possibility. I am i receipt of a document, an affidavit, from a person, from what I read is, without question, a very well known individual in this field, in which he makes hie affidavit relating to cert.ein allegations in this c.ontrFet. Unfortunately, he doesn't address the allegations as prevented before this Commission, and let. ma state for the record, that I harp not heard Fnywharp, at all, that- these allegat.long wore rnade by City staff. They Frp mattprp that vprp brought to the att-Fntion of City staff, who used this for their analy7ation For Fy,amplp, this expert, �- without going through all of t.hFse papers, which arp volu.rtinous, states that itis a known factor that. when you cook Iivrr, that a reaction of the heat and liver will give F greenish color. There is only one problem, these sandwiches in question were ham, and not. liver. That.'s the difference! Mr. Carollo: Well, they substituted that.. ham for the liver. Mr. Plummer: Well, OK, the gentlemen goeF on to state In his affidavit, that he, of course, is coming into this at a late date, and IF only going on the information which he has been able to find, and that is, in the absence of _ odor, is his terminology, that it is reasonable to assume that if there was no odor, that the sandwiches were not bad. I then corr.e to a document from Coconut Grove Cares, Incorporated; and I won't go into all of the things that were stated in reference to the refr.igeration... 2:00 o'clock that the sandwiches hadn't been delivered, and excuse my French, when they called, they told him to stick the phone up his ass. Well, that is documented here, I am only reading from the document. Whether it is true or not, I am not here to attest to it, but I am here to read from a document from the State of Florida, who are the people who do the actual investigation, and Mr. Mayor, this is a document from the Florida Department of Education, Food and Nutrition Management, who I do consider must be the experts. Very clearly, in this document, they state that this food was moldy, and had an offensive odor. Now, that is not my document, that is not the Administration's document. That -A is a document furnished to me by the Florida Department of Education, Food and Nutrition Management - summer food service program for children. Site review is place called Barnyard Park in Coconut Grove. That is not my allegations not Mr. Eads, not the staff, that is an allegation of the State of Florida. It says here, "Clarification of handwriting on site review form attached." Comments: "Ham and cheese on a bun, apple sauce, orange juice, and chocolate milk; Center, sandwich was mold, and had ice. Turkey was served three days in a row, and a pear, four days in a row." To me, that is really insignificant. But, what I am saying is, that here is the State of Florida in a document that says that this meat was moldy. I don't know how you can dispute that. I really don't. I have tried every way in the world to give the Dietcraft a reasonable benefit of the doubt, but when I am presented with these kinds of documents, how can you go against them? They are not my documents, and I am not going into the editorial comment about the rest of it here, but here it is. I don't know if the rest of you have received it, but please, I think you have got to look at these things, and you have got to know what it is. Mr. Mayor, I have read over all of the glowing reports of Dietcraft, and I want to tell you something, that I am impressed with their record, what they have done in other places, but obviously, from what I am reading here, they didn't do it in the City, and that is all I have got to say! I can't say any more than that. Mayor Suarez: We really aren't experts. Frank, I can see that you are getting ready to do another rebuttal here, and I, for myself, I am convinced that you are honorable people to deal with, and that you are doing the best you possibly can, that you have cleaned your slate, and in a lot of ways, and if it came to disqualifying you forever, I might feel that we don't have enough evidence here and we have to figure out some other way of reaching a conclusion, but for this particular contract, I have to follow the City's recommendation based on the objective factors to which Commissioner Plummer has referred. Mr. Plummer: Well, and please, for the record, state that Commissioner Plummer is reading from a document of the State of Florida. It is not my accusation. Mayor Suarez: Yea, and found by people other than our own staff, which I think we have established they are not really food bxperts. Mr. Scruggs: Mr. Mayor, I would just like 'o make one ft►...1 comment before you act. The affidavit, Commissioner Plummer, does address the phenomena of 91 November 13, 1986 discoloration on meat, and that there be reasons for the appearance of mold, that are not indications of rottenness. We think that is important. Mr. Plummer: Excuse me, Fir, I did not go on. This said not only woo the meat moldy, but had a bad odor. Mr. Scruggs: i'inF)ly, I would iuFt say, remind you .pain, vp are talking about 600,000 mnalf and they are talking about a meal, and that you really should look at the larger picture and the long record of performance of the company. Mr. Plummer: I move item 59, uphold the Manager's recommendation. Mayor Suarez: So moved. I'll second it. Mr. Dawkins: Any further. discussion? Hearing none, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-916 A RESOLUTION ACCEPTING THE BID OF GREATER MIAMI CATERERS, INC. FOR FURNISHING MEALS TO PARTICIPANTS IN THE CITY'S DAY CARE AND PRESCHOOL PROGRAMS ON A CONTRACT BASIS FOR ONE (1) YEAR TO THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES AT A TOTAL ESTIMATED COST OF $81,691.20; ALLOCATING FUNDS THEREFOR FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE GRANT THROUGH THE FLORIDA STATE DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER TO I14STRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo ABSENT: No ON ROLL CALL: Mrs. Kennedy: I guess I have to go along with the Manager's recommendation, based on everything that I have heard, yes. _ Mr. Carollo: I think the Administration of the City has been honorable in the way they have gone about choosing the one firm they have recommended. I, however, don't think that the information presented has been serious enough to knock the lowest bidder out, therefore, I would vote no. Mr. Dawkins: It doesn't matter how I vote, but I vote yes, and I would like to say for those of you who were not familiar with it, I have worked with the summer feeding programs from '71 until 180, and Dietcraft has been honorable, so has Construction Caterers, but we do run into bidders, for those of you up here who do not know, that Mr. Plummer, if the menu calls for a variety of food, and the vendor goes out and buys a truck load of pears at a discount, and he runs those pears daily, he makes a bigger profit, and that is why they set it up for apples today, oranges tomorrow, or what have you, and these kind of things, that is why they run into it. Mr. Plummer: Mr. Dawkins, as you noticed, I veered awa, and .d not discuss that Natter at all. I felt that they were insignificant, and had they been he only accusations, I would have voted to give it to Dietcraft. It is the two IL heavy accusations that I had to speak to, documented by the State of Florida. 92 November 13, 1986 Mayor Suarez: Thank you, Counselor. You did a very eloquent presentation, both you and Dr. Soto. 28. DISCUSSION RFGARMING FROFOSED FIRST REAMING ORDINANCE. ALLOCATE $250,000, FR0m SFEC.IAT, FROGRAMS AND ACCOUNTS, TO EQUALLY FUND SIX COMMUNITY C`ITI.TtTRAL• EVERTS. (DISCUSSION CONTUgTFD - SEE L.AFE1, #24). Mayor Suarez: Item 56. We rr,ay ass well get that reso:ved. It's after lunch. Did anyone come tip with any magic formulas on it? Mrs. Kennedy: Yes. Mayor Suarez;: Oh, there you go. Where did you have lunch? Mrs. Kennedy: In my office. I worked through lunch. Mr. Plummer: What Item was that? What number? Mrs. Kennedy: The festivals. Mr. Plummer: Yeah, I know the festivals. Mrs. Kennedy: Fifty-four. Mr. Plummer: I had all of my scribbling here. Mrs. Kennedy: I think that there a-e two... Bob, are you speaking on behalf of the festivals? Mr. Traurig: For the record, Robert H. Traurig, 1401 Brickell Avenue. In your deliberation on this, I presume that you are not prejudging applications for funding of cultural organizations such as the Greater Miami Opera. Is that correct? You don't have an application presently pending, but historically the Opera, because of its educational programs and because of the other programs available to the citizens of the City of Miami, has received funding from the City. And I have to assume that you are not precluding the grant to them when their application is presented to you through the City staff. Mayor Suarez: That's an interesting procedural distinction that we haven't thought about this morning. Mr. Traurig: Well, this, of course, describes festivals, and we are a cultural organization. Mayor Suarez: We're heading for, I think, a policy that would set a limit, a total amount limitation on what we would spend for festivals, and we have to admit that we've never come up with a very good definition of whether that means artistic, cultural, popular, whatever, so - that's where we are, Bob. Mr. Traurig: I don't want anyone to interpret my question as meaning that I want you to change your allocation to the Ballet or to any other institution or organization. But I do think that you're historical contributions to the Opera based on what the Opera does for the City ought not be affected by this. Mayor Suarez: Take note of that. Mrs. Kennedy: One of the things that this Commission, Bob, will have to look upon is that I think that the City and - Mr. Manager, Mr. Manager, I need your attention) One of the things that the City will have to address is that we need an Office of Cultural Affairs. Yeah, I knew I would get that reaction from you. Mr. Odio: But we have one. Mayor Suarez: allocate... With a budget of $200,000, which is the money that we have to 93 November 13, 1986 Mrs. Kennedy: Yeah, but with a budget. You know, we are a major City, we are an international City, and we have to have a cultural image. But that's not the problem today. But it's it good point, and T think that this Commission should Fddrops it pomp time in the nepr future. Mr. Traurig: F"ay T int.orpret. your rcmarkQ ap indicat:ing that you do not preclude consideration, objective conpiderat ion, of the Opera's request at a later date? T'm here on r*ry behal€. ;nd on behalf of tho Chairman of the Board, Mr. uadia, who couldn't attend, and we are concerned that your action today might result in your shutting off all other applications, and T don't think that was your intention. And T urge you to spy something that would give me comfort. Mr. Plummer: Bob, we're not shutting them off. We're just telling you we don't have any more money, that's All. Mrs. Kennedy: For the time being, Bob. Mr. Flurnmer: They can make application. Mr. Carollo: Well, ladies and...or should I say, lady and gentlemen. The amount that we have left is 150, because we gave 50 of it out already. This is what I've come up with, and it comes to exactly 150 what we'd have left: $35,000 for the Calle Ocho; 35 for Sunstreet; 35 for the Latin Orange Fiesta; 25 for the Three Kings; 10 for Goombay, and 10 for the Miami City Ballet. Mr. Plummer: Miami Ballet is down to no shoes. Mrs. Kennedy: I think...I have a favor - proposition. Miami City Ballet, as I stated earlier, is in a class by itself. These are people that travel around the country, that travel abroad, and they promote our City. It is not a once -a -year event. So to be fair to the rest of the festivals, my proposal is to fund the $50,000 to the Miami City Ballet and cut 77 percent - I mean, and fund 77 percent of the above -mentioned festivals. In other words, translated into numbers, Calla Ocho would get $26,950; the Latin Orange Festival, $19,250; Sunstreet, $34,550; Miami City...well, Miami City Ballet we said, and Three Kings Parade, $19,250. And that will give you the total of $150,000. It's an equitable cut across the way. Everybody is cut the same way. And I think it's a very fair proposition. Mayor Suarez: Is that a motion? Mrs. Kennedy: Yes. I so move. ' Mayor Suarez: I'll second it. Mr. Dawkins: Second. Any discussion? Mr. Carollo: Does anybody want to hear it again or not? What you're basically doing, you're giving $50,000 to the Miami City Ballet and you're cutting all the others down tremendously low. And if I recollect, the main reason we established this $200,000 was to make sure that festivals like Sunstreet, Calla Ocho, and so on, would get adequate funding. Mr. Traurig: Can I say one more thing? I don't know if this has been a comprehensive process. Whether or not all organizations have been given equal consideration. Because applications for other organizations, such as the Opera, were not here. But very clearly, your agenda talks about cultural events, and if I can leave here with the comfort of knowing... Mr. Dawkins: I have to cut off discussion because we have a motion on the floor, sir, and I see we got people lining up and we're getting ready to got ... This is getting out of hand. F L- Hr. Carollo: You know what we need, Elizabeth? We need a few more boxing matches to raise more money. Mr. Plummer: Yes and no. 94 November 19, 19" Mr. Dawkins: I'm going to be voting against the motion, in that I feel that the money should be divided equally, and that one should not get any more than the rest. That'g my... Mr. Fl.ummor: A)l right, let me try my motion on for size. Mr. PF,0 5ns: No, no ... Oh, you're going to try a substitute motion. Mr. FIummipr: Fell, let me try my motion on for size. It'll be someplace to start with. Mr. Dawkins: OK. Well, we already gota motion on the floor now. Mrs. Kennedy: We have a motion on the floor. Mr. Plummer: Is there a motion on the floor? Mr. Dawkins: Yes, sir.. Mr. Plummer: Oh, I'm sorry. Mr. Dawkins: Read your motion again, Commissioner. Mr. Plummer: No, repeat the motion that's on the floor. That's the prevailing motion. Mrs. Kennedy: OK. Fifty thousand for the Miami City Ballet. Seventy-seven percent for the rest. Mr. Dawkins: Where were you? Where was he? Mayor Suarez: Seventy-seven percent of the figures she had previously proposed for the rest of the ones that she had previously proposed. And she... Mr. Dawkins: OK. Any further discussion? Mr. Plummer: No, if ... Are you ready to call the roll on that? Mr. Dawkins: Yes. Mayor Suarez: He sure looks like it. Mr. Dawkins: Guess we are. Call the roll, Madame Clerk. THEREUPON THE ABOVE MOTION INTRODUCED BY COMMISSIONER KENNEDY AND SECONDED BY MAYOR SUAREZ FAILED TO PASS BY THE FOLLOWING VOTE: AYES: Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins ABSENT: NONE. Mayor Suarez: Well, how about another formula? Mr. Plummer: Mr. Mayor, I would have to go with the formula that I came up with before lunch. Mayor Suarez: Six at $25,000 each? Mr. Plummer: That there's six of `hem that seem to be the synopsis of this Commission= that each one be given $25,000, which would be the Miami City Ballet, Calle Ocho, the Latin Fiesta, Sunstreet, Three Kings, and Goombay. Mr. Carollo: Goombay. Second. Mr. Plummer: That they all be equally given the same amount of money. 95 Mr. Carollo: Second. Mayor Suarez: If you make that motion,... Mr. Plummer: I so move. Mayor Suarez: you've got a second over here,... Mr. Carollo: Second. Mayor Suarez: And you can have another second right in the middle because I think the most important thing Is to get this resolved. Mrs. Kennedy: I would like to talk about another option before we vote. Mayor Suarez: Well, you can try a substitute motion, but so for we've got a motion and s second. Mr. Plummer: Let me state for the record that I went into this thing wanting to give the Miami City Ballet $50,000. It was on my list; it's already documented. Mrs. Kennedy: OK, but I have.. Mr. Plummer: But it's not going to fly. So, you know, why sit here and beat our brains against the wall? Mrs. Kennedy: All right. Let me tell you one thing which is equitable across the way. If we give 83.3 percent to everybody, we come out exactly with $150,000, and Calle Ocho would receive $29,155; Latin Orange, $20,825; Sunstreet, $37,485; the Miami City Ballet, $41,710, and the Three Kings Parade, $20,825. I think that's very close to what everybody asked. Mr. Plummer: But that's 87 percent of what you originally proposed. Mrs. Kennedy: No, because I'm cutting Miami City Ballet. See, I'm cutting the Ballet, which is a hang-up with all of you. Mayor Suarez: No, the essential difference is that that leaves out Goombay. That's the problem. Mr. Dawkins: Mr. Mayor. Mayor Suarez: We've got a motion and a second. Commissioner Dawkins? Mr. Dawkins: Call the roll. I'll call the order of the day. Mrs. Kennedy: Which motion are we talking about? Mayor Suarez: Each one funded $25,000. Mr. Dawkins: Did Commissioner Kennedy make a substitute motion? Mayor Suarez: Did you wake a substitute motion, Commissioner? Mrs. Kennedy: Sure - 83.3 percent. Mayor Suarez: OK. I just want to clarify on that one, that I think, unless I'm wrong, that Goombay does not get any funding on that. Mrs. Kennedy: That's correct. Mr. Plummer: I've only got one better proposal, but if this one doesn't fly... Mrs. Kennedy: Well, maybe it does. Let's see. Mr. Plummer: Well, the other proposal that I'd make is to take the Miami s City... Mr. Dawkins: You got a motion on ... You got one motion on the floor. F 96 November 13, 1986 Mr. Plummer: Can I speak? Mr. Dawkins: No. (Laughter) Mayor Suarez: We have a motion that hasn't been seconded so for now it has died. Commissioner F1ummer7 Mr. Plummer: No, the only other thing I would like to consider... Mr. Dawkins: No, no. rJummer's motion was seconded by Joe. Mayor Suarez: Yeah. No, no, that one's still pending. The substitute motion's the one that has died now. If... Mr. Plummer: Are we under discussion? Mayor Suarez: Yes. Mr. Plummer: The only other motion that I could make would be that we take Miami City Ballet completely out from the festivals. There is some merit to that. Fund them completely, and then redistribute the money among the other five. Mr. Dawkins: No way.. Mr. Plummer: Now, you know, that's the only way I can think of it. But let's go with the motion that I got on the floor. Mrs. Kennedy: OK, if that is your motion, I'll second it. Mr. Plummer: No, no, my motion on the floor is to go with them all equally at $25,000. Mayor Suarez: It's short of a motion. It's called a suggestion. Mr. Dawkins: J.L., quit straddling the fence. Mr. Carollo: I call the question. Mr. Dawkins: Thank you, sir - and let's get this over with. Mayor Suarez: I think the consensus of the Commission is to take a vote on this at this point. We shall so proceed on the motion and the second. Please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-917 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EQUALLY FUND THE HEREINBELOW LISTED COMMUNITY CULTURAL EVENTS AT THE RATE OF $25,000 EACH, FOR A TOTAL ALLOCATION OF $150,000: a) MIAMI CITY BALLET b) CALLE OCHO c) FIESTA BY THE BAY d) THREE KINGS PARADE e) SUNSTREET FESTIVAL f) GOOMBAY Upon being seconded by Commiss ,nor Carollo, the motion was passed and adopted by the following vote- 0 97 J$ovonber 13, 1940 _ ATE81 Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Rosario Kennedy ABSENT: None. Mayor Suarez: Item 55. Mr. Plummer: Mr. Mayor, I would like to just make one comment. If in fact, that there is going to be established a fund for 11tural activities, I want to go on the record that Miami City Ballet, and I am saying this because of what you people did to the Hispanic Heritage, that I want them to be on the top of the lintfor additional funding from a cultural fund, if it is established. At t.hia particular point, it is not there, but if it does become available, you are my number one priority. _ Mr. Dawkins: And if such a fund should become available, I have got three or _. four priorities. Mrs. Kennedy: This is great now, everybody has great priorities! ---------------------------------------------------- ---------------------- --- 29. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: UNSAFE AND BLIGHTED STRUCTURE DEMOLITION REVOLVING TRUST FUND." ------------------------------------------------------------------------------ Mayor Suarez: Agenda item 55. Mr. Dawkins: Move it. Mayor Suarez: Moved, do we hear a second? Mr. Plummer: Second. Mayor Suarez: Seconded. Mrs. Kennedy: Where are we? Mayor Suarez: This is on the money for demolition of unsafe structures throughout the... Mr. Dawkins: 57, 57. Mayor Suarez: Item 55. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: Call the roll, first reading of the ordinance. Mrs. Kennedy: One second. Mayor Suarez: I'm sorry, Commissioner Kennedy. Mrs. Kennedy: Once the City demolishes the house, can we then re -sell the parcel, or, how do we... Mrs. Dougherty: We can put a lien on the property and then foreclose on the lien. Mrs. Kennedy: OK, all right. Mr. Odio: Put a lien on the property for the value of the... 98 November 13, 4286 AN ORDINANCE ENTITLED - AN ORDINANCE. ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "UNSAFE AND BLIGHTED STRUCTURES DEMOLITION REVOLVING TRUST FUND" FOR THE FURFOSE OF AFFROFRIATING FUNDS FOR THE I)EMOLTTION OF UNSAFF AND BLIGHTED STRUCTURES 014 A C I TF w I IMF FASTS W I TH RES7F9LTF S IN THE AMOUNT Or SSOQ,000 A.NTICIFATFD AS FFTNG AVATLABLE FROM A LOAN TPOM THE GENTERAL FlUNT) SPECIAL FROGRAMS AND ACCOUNTS; CONTATNING A REFFALER FROVISION AND A SEVERABI I.1 TT CT.AITS1v . Was introduced by C.om^nissloner Dawkins and seconded by Commissioner Plummer and was pR wed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Flum:ner, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins 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. 30. ACCEPT CITY CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION OF NOVEMBER 4, 1986. Mayor Suarez: Agenda item 55.1. Mr. Dawkins: Move it. Mayor Suarez: Moved. Mr. Plummer: The elections, certifying the elections. Mrs. Kennedy: Oh, second. Mayor Suarez: This is certifying the election results. discussion? Call the roll. Seconded. Any The following resolution was introduced by Commissioner Dawkins, wbo moved its adoption: RESOLUTION NO. 86-918 A RESOLUTION OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS OF THE SPECIAL. MUNICIPAL FLF:CTION HELD NOVEMBER 4, 1986 IN WHICH CH.ARTFR AMENDMENT 140. 1, REQUIRING A REFERENDUM FOR DJSFOSITION OF CITY LAND IF LFSS THAN THREE PROPOSALS ARE RECEIVED, WAS AFFP0V`FD BY THE ELECTORATE; ALSO OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION AND DECLARATION OF THE RES-:,;S OF THE SPECIAL MUNICIPAL ELECTION HELD NOVEMBER 4, 1986 11; WHICH CHARTER AMENDMENT NO. 2, INCREASING COMPENSATION AND AUTHORIZING FAl?SENT OF DUTY -RELATED EXPENSES FOR MAYOR AND COMMISSIONERS, WAS DISAPPROVED BY THE ELECTORATE; AND FURTHER ACCEPTING THE ATTACHED CITY CLERK'S CERTIFJCATION AND DECLARATION OF THE RESULTS OF THE SPECIAL ISUIdICIPAL ELECTION HELD NOVEMBER 4, 1986 I14 WHICH THE STRAW BALLOT QUESTION ASK114G IF IT IS OFFENSIVE, ANNOYING AND OBSCENE FOR A MOVIE, TELEVISION PROGRAM, VIDEO RECORDING OR PRINTED MSATERIAL TO DEFAME, MOCK, OR DEGRADE BASIC RELIGIOUS BELIEFS BY USE OF NUDITY, SEXUAL ACTS, OR PROFANITY, WAS APPROVED BY THE ELECTORATE. (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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. dr. Plummer: Question of the Clerk. Madam Clerk, this City Commission instructed you to set up a canvassing board of the City. I have not heard anything back on that. Ms. Hirai: Mr. Bob Clark gave you an answer to that, I believe, on the same day, in the afternoon, saying that the law did not allow for it. I would welcome one. Mr. Plummer: Well, you said the law does, or does not allow? Ms. Hirai: Does t,ot. I wouln very much welcome one. Perhaps you can ask him now, Commissioner? Mrs. Dougherty: I can't remember. Mr. Plummer: Well, would you please check it up, and get us a memo on it? Ms. Hirai: Yes, sir. 100 November 13, 1986 --------------------------------------------------------------------------- 31. RATIFY EMERGENCY FURCHASE FROM WORLD PRINTING INC.: PRINTING OF "MIAMI- THE STATE or THE CITY 1986." Mr. Dawkins: That is the Mayor's personal expense, I don't think we should be bothered with it. Mrs. Kennedy: This is approving the printing for the State of the City address. Mr. Plummer: Oh, not Mrs. Kennedy: What happens if we say no? 11 i t i' i Mr. Plummer: No, no, nol Mayor Suarez: That is a good question! I guess some printer doesn't get paid, I. don't know. Mr. Carollo: What did we spend in the past on this now? Mr. Plummer: Esther Favole said in the paper it is just a small piece of change, and we ought to take it out of the Mayor's budget. Mayor Suarez: I'll take it out of her salary. Mr. Plummer: Take it out of the Mayor's budget. Mr. Dawkins: Move it. Mr. Carollo: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Mr. Carollo: The motion is, take it out of the Mayor's budget, right? Mr. Plummer: Yes. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-919 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, THE ACTION OF THE CITY MANAGER IN FINDING THE PRINTING THE "MIAMI-THE STATE OF THE CITY 1986" TO BE AN EMERGENCY PURCHASE AND IN AUTHORIZING THE ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR THE PRINTING OF SAID REPORT TO WORLD PRINTING, INC. TO THE DEPARTMENT OF COMMUNICATIONS AT A TOTAL PROPOSED COST OF $14,780.00, ALLOCATING FUNDS THEREFOR FROM SPECIAL PROJECTS AND ACCOUNTS, CONTINGENT FUND. (Here follows body of resolution, omiited 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- 101 November 13, 1986 Mr. Plummer: No, no, nol Mayor Suarez: That is a good question! I guess some printer doesn't get paid, I. don't know. Mr. Carollo: What did we spend in the past on this now? Mr. Plummer: Esther Favole said in the paper it is just a small piece of change, and we ought to take it out of the Mayor's budget. Mayor Suarez: I'll take it out of her salary. Mr. Plummer: Take it out of the Mayor's budget. Mr. Dawkins: Move it. Mr. Carollo: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Mr. Carollo: The motion is, take it out of the Mayor's budget, right? Mr. Plummer: Yes. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-919 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, THE ACTION OF THE CITY MANAGER IN FINDING THE PRINTING THE "MIAMI-THE STATE OF THE CITY 1986" TO BE AN EMERGENCY PURCHASE AND IN AUTHORIZING THE ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR THE PRINTING OF SAID REPORT TO WORLD PRINTING, INC. TO THE DEPARTMENT OF COMMUNICATIONS AT A TOTAL PROPOSED COST OF $14,780.00, ALLOCATING FUNDS THEREFOR FROM SPECIAL PROJECTS AND ACCOUNTS, CONTINGENT FUND. (Here follows body of resolution, omiited 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- 101 November 13, 1986 AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. — Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez MOSS: None. ABSENT: None. ON ROLL CALL: Mr. Plummer: Out of the Mayor's budget, I am all in favor) Mayor Suarez: I am not voting until we get this clarified. I am not going to vote to take t.hizl out of my budget) Mrs. Kennedy: You had your lunch already, it is too latel Mayor Suarez: The motion is to approve it, from the... whatever they usually get it from, I guess the General Operating budget, and therefore, I vote yes, on that. sue: ----------------------------------------------------------------------------- 32. RATIFY EMERGE14CY PURCHASE FROM RIECO MIAMI INC.: FOUR (4) AUTOMATIC HYDRAULIC LIFTS FOR MOTOR POOL SHOP. ----------------------------------------------------------------------------- Mr. Dawkins: Move agenda item 57. Mayor Suarez: Item 57. Mr. Plummer: Can I bring to your attention, I think three of us live in precinct number 818. Mayor, is that your precinct, the museum? Mayor Suarez: Yes. Hr. Plummer: Mrs. Kennedy, yo::r precinct and my precinct. I want you to know that the people of that precinct, in voting for the Commissioner's salary increase, voted 532 against, 369 fort Mayor Suarez: That is better than the overall rate though, throughout the City, it was better than two to one. Mr. Dawkins: Those are your friends and neighbors! Mr. Plummer: We can't even carry our own precinct, mh well. Kra. Kennedy: Mayor Suarez: Stop picking up the garbage in that neighborhood. Kr. Plummer: There you got Mayor Suarez: All right, item 57. Mr. Dawkins: I moved it. - mayor Suarez: Moved by Commissioner Dawkins. Kr. Plummer: Which item is it? mayor Suarez: 57. Mr. P1ufBmer: Second. mayor Suarez: Seconded, any discussion? Call the roll on 57. 102 Novea*er 13, 1986 The following resolution was introduced by Commissioner Dawkifta, Whb ems moved its adoption: RESOLUTION NO. 86-920 A RESOLUTION RATIFYING, AFFROVING AND CONFIRMING, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY — COMMISSION, THE ACTIONS OF THT CITY MANAGER IN FINDING THE PURCHASE AND INSTALLATION OF FOUR (4) AUTOMOTIVE HYDRAULIC LIFTS AT THE MOTOR POOL. SHOP TO BE AN EMERGENCY FROJLCT AND IN AUTHORIZING THE ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR THE PURCHASE AND INSTALLATION OF SAID HYDRAULIC LIFTS TO FIECO MIAMI, INC. FOR THE DEPARTMENT OF GFNFpAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF S17,629.44; ALLOCaTING FUIJDS THEREFOR FROM THE 1986-S7 OPERATING BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon b,�ing seconded by Commissioner Plummer, the resolution was passed and adopted by *-he following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 33. RATIFY EMERGENCY PURCHASE RAINBOW DODGE: SEVENTY FIVE (75) POLICE PATROL CARS AND RELATED ACCESORIES. ------------------------------------------------------------------------------ Mr. Plummer: Item 58 is withdrawn at this time? Mr. Odio: No, sir, we are buying the twenty... Mayor Suarez: We are taking out of the City Manager's budget $333.000, is that...? Mr. Odio: This is the purchase of the 25 cruisers that we needed on an emergency basis. Mr. Plummer: Well, let me ask you a question. You know, Commissioner Carollo's motion passed. Mr. Odio: Which one? Mr. Plummer: Commissioner Carollo proposed an additional $1,000,000 for 50 police cars, which was not an ongoing thing. It was a one shot, test pilot program, and as far as I am concerned, the only a prohibition against using the law enforcement trust fund is against ongoing, recurring expenses. Nov, that was a fifty car pilot program, and I am questioning why that can't come out of thrt fund. Mr. Odio: I put it here, and they told me to take it out. Mrs. Dougherty: If t.hAt. Sa in feet true, and these are the vehicles that they are buying, that I probably OK, but. my understanding was, these were replacement vehicles, That is whpt, the documentation was. These are replacement vehicles, is what your documentation shows. Mr. Hawkins: Change the document to read ° Mr. Odio: put,, 1 will say t.h3P, Commissioner, we will be buying 187 more cruisera... Mr. Plummer: As the regulrr, ongoing... Mr. Odio: lyo, 50 of them will be a special task force to take home cars, and they will be pur.cha.sed with law enforcement, is that agreeable? Mrs. Dougherty: That's fine. Mr. Odio: OK. See, Commissioner, they have to earmarked. The only way you can use Law Enforcement Trust Fund is to be earmarked for a special project. Mr. Dawkins: Fine, so earmark them. You have got a special project called... putting these pol.semen in the senior centers. Mr. Odio: Right, and staff... Mr. Dawkins: So that is the cars to ride the policeman to their centers. You two go to jail over there now. Don't take us with you. Mr. Odio: We will be buying 50 cars from the Law Enforcement Trust fund. Mr. Plummer: Fine. Mayor Suarez: Is there a motion on 58? Mr. Plummer: So moved. Mayor Suarez: Moved. Mr. Dawkins: Seconded. Mayc r Suarez: Seconded, any discussion? Call the roll. :�, 104 November 13, 1986 • The following resolution was introduced by Commissioner Plumffi6t, Whd moved its adoption: RESOLUTION NO. 86-921 A RESOLUTION RATIFYING, AFFR.OVING AND CONFIRMING, BY A 4/5TH AFFIRMATI`H; V07-F OF THE.. MEMBERS OF THE C-TT COMMISSION, THr ACTION OF THE CITY MANAGER IN FINDING THE PURCHASE OF TVFNTY FIVE (25) FOLICF FATROL• CARS AND RELATED ACCFFSORTFS TO FF FMFRGF..NCY FU?CHASES AND IN AUTHORIZING Th'F ISSUANCE OF F:MF:RGFNCY FURCHAS F ORDERS FOR THE PURCHASE OF 25 FOIACF. FATROL CARS FROM RAINFOW DODGE IN THE AMOUNT OF S295,1425.00, RADIO TQUIFMENT FROM MOTOROLA INC. IN 7HE AM1OTJNT OF S13,600.00, FOL7CF VEHICLE PARTITIONS FROM JONES EQVIPMFNT 114 THE AMOI.TNT OF $4, 675.00 AND ROOF MOTINTED LIGHTBAR FQ1TIFMFNT AND HAND HELD SPOTLIGHTS FFOM, FUBLIC SAFFTY DEVICES IN THE AMOUNT OF $19,663.75 TO THE DFrARTMENT OF GENERAL SERVICES ADMINISTRATION PT A TOTAL FROrOSED COST OF $333,563.75; ALLOCATING FUNDS THEREFOR FROM THE TRANSACTIOAi PROCEEDS OF THE 1986 CERTIFICATES OF FARTICIFATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 34. APPROVAL OF CITY'S CAPITOL IMPROVEMENT PROGRAM 1986-1992 IN PRINCIPLE TO PROVIDE GUIDELINES FOR CITY AGENCIES, BOARDS AND DEPARTMENTS. Mayor Suarez: Agenda item 60. Thank you, Commissioner. Mr. Plummer: Move it in principle. Mr. Odio: What do you mean, in principle? Mr. Plummer: Just what I said. Mr. Odio: You want the vote in principle? Mr. Plummer: In principle) Mr. Donald Benjamin: Mr. Mayor and Commissioners. Mrs. Kennedy: Sergio, you did a very nice job putting this together. Mr. Rodriguez: Thank you very much. Mr. Plummer: They have got to bring back here any item that is an allocation of monies, he has got to come back here) Mr. Donald Benjamin: This is on 60. Mr. Rodriguez: Item 60. Mr. Benjamin: My name is Donald Benjamin. I live at 417 N.W. 6th Street. I am the president of the Overtown Advisory Board, and there is an item in the 105 Nnvewber 13, 1986 j 1 t capital improvement, which calls for, I think, a feasibility study, a parking garage in Overtown. Ve have no idea, no knowledge of this. We don't know what it means, end as a matter of fact, there are $235,000 allocated for that, and we would hype that that would be withdrawn. Mr. Dawkins: Ghat page is thpt. on, Ben? Mr. Benjamin: Oh. J don't hpve it. Mr. RodriguFz: Ve have here a member of the Off -Street Parking Authority to respond to thpt issue. Mr. Dawkins: What is it in the... where is it in here? Mr. Odio: Section number l0, second item. Mayor Suarez: Which parking gar€ge is that, can anybody identify it for u3? Mr. Odio: Oh, I know what that is. I know what that is, that is the Max Bauer property, remember, we talked about it the other day?... Max Bauer, the meat packers. Mr. Dawkins: Oh, OK Mr. Odio: Yes, yes. Mr. Dawkins: Well no, I don't have a problem with what we are doing. I have a problem with Mr. Benjamin saying you are going to build a parking garage. Mayor Suarez: No, no, what is it for? Mr. Odio: No, it is officially to buy the property for the pharma... what do you call that? Mayor Suarez: Yes, go ahead, why don't you tell us what the expenditure is for, for the capital expenditures? Mr. Jack Mulvena: My name is Jack Mulvena, I am the Deputy Director for the Department of Off -Street Parking. The expenditure in question i; one that is earmarked for the acquisition of the piece of property in collaboration with the City; its' a $200,000 for the acquisition of a piece of property. It inadvertently got confused with another $200,000 item, which was part of our 184-185 capital program, when there was in fact, some serious consideration for a garage in that area, so at this point, that is not accurate. As a matter of fact, if you look at our budget, which was passed back in September, you will find out that that item is, in fact, the $200,000 land acquisition plan. Mr. Dawkins: OK, go back and tell your board, we do not need any parking garages in that area at all. We don't desire any, we don't want any, and I shall vote against any. Mr. Mulvena: I don't think there are any being considered, b,,- the way, Commissioner. Mr. Dawkins: OK. Mayor Suarez: OK, that is deleted, in effect. Don, is that... Mr. Benjamin: Incidentally, at the Planning Board meeting, we were told by the Off -Street Parking people that no matter what happens, that they would still go ahead with it. Mr. Odio: Commissioner Dawkins, for the record, I want to say that I encourage the Max Bauer acquisition based on that we would put the pharmaceutical school in there. What do you call that? Mr. Dawkins: The what? Mr. Mulvena: Pharmaceutical school. Mr. Odio: Pharmaceutical school. 106 Novembar 13, 1986 Mr. Dawkins: Look, I don't have no problems with, and look, all I am saying here on the record, and I want It understood, that you have already taken all of the land, OK?... between you guy,-), . urban renewal, the rapid transit, and everything... we don't have no Iand, so we don't need no parking gorages. What we need is fomr economic dFVPlopmant, some businesses that people can go Into, and some affordably homes. Pont put. me no parking garage out there, OK? After we get the ]Fnd, then we can worry about what we are going to do with it, but there will be no psrki.ng lots. Mayor Suarez: 09, clarification, and in effect, the deletion :)f that ii,:a understood, item 60. Entertain a motion, we... PIummer- Move it in principle. Mayor Suarez: Move it in principle. I guess the whole thing is in principle. Mr. Dawkins: That is right, I hope so. I second. Mayor Suarez,: Second, we still have to approve the individual projects. Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-91Z A RESOLUTION APPROVING THE CITY OF MIAMI CAPITAL IMPROVEMENT PROGRAM 1986 - 1992 IN PRINCIPLE TO PROVIDE GUIDELINES FOR CITY AGENCIES, BOARDS AND DEPARTMENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 35. FIRST READING ORDINANCE: ESTABLISH APPROPRIATIONS FOR CITY CAPITAL IMPROVEMENTS. Mr. Dawkins: I move the companion, item 61. Mayor Suarez: OK, item 61, moved by Commissioner Dawkins. Mr. Plummer: Second. Mayor Suarez: Seconded by Commissioner Plummer. Any discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY CAPITAL IMPROVEMENTS] CONTINUING AND REVISING PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS, AND ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1986•-87; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. or 107 November 13, 1986 4 4 i P - i 4� i Was introduced by Commissioner Dawkins and seconded by Commissioner Plummer and was passed on its first reading by title by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner PosRrio Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None ABSENT: Commissioner Joe Carollo The City Attorney read the ordinance into the public record and anncunced that copies were available to the members of the City Commission and to the public. 36. ACCEPTING CIF PID: P.N.M. CORPORATION FOR DINNER KEY MARINA - PAVING AND LA.NDSIDE UTILITIES. Mayor Suarez: Item 62. Mr. Odio: We had a letter... he wants to address you, Commissioners. Mr. Myles Cypen: Good afternoon, my name is Myles Cypen, I am with the law firm of Cypen, Cypen and Dribin, 825 Arthur Godfrey Road, Miami Beach. This morning, Mr. Mayor, I did comply with the City ordinance requiring my registration with the Clerk. We represent S. I. Nicholas, Inc. Also here with me today is Mr. Chris Tucker, who is vice president of construction for S.I. Nicholas. S.I. Nicholas was one of the bidders on the Dinner Key Marina project. There was a total of four bidders, and S.I. Nicholas was the actual low bidder, about $70,000 lower than the second lowest bidder, P.N.M.; almost $300,000 lower than the third lowest bidder; and nearly $400,000 lower than the last bidder. The reason why I am here today is to enter a formal protest on behalf of S.I. Nicholas, because of the apparent rejection of that bid, — which was, as I said, the lowest bid, as being non -responsive. I understand that the reason given why it was unresponsive was on the basis that S.I. Nicholas was not a County certified general contractor. S.I. Nicholas, is, however, a State certified general contractor. It has complied, fulfilled the requirements for the Certificate of Competency from the State of Florida construction industry licensing board, and under the State law, a State certified general contractor is entitled to engage in any contracting in any jurisdiction in the State, whether it is the City, or county, municipality, — without being required to also fulfill the local competency requirements, and this makes a lot of sense. That is one of the main reasons, or benefits of having a State license. If it were otherwise, if every municipality in the State could impose upon a contractor the additional requirement of becoming certified in accordance with the local requirements, notwithstanding a State license, so there would be little point to having a State license in the first ,= place. The only thing that the City might legitimately require, is that the contractor obtain a municipal occupational license, which under the State statute, is issued automatically upon presentation of the Certificate of Competency from the State. By the way, that was not even a requirement of the bid itself, going to the responsiveness of the bid, it was a prerequisite to L..e signing of the contract, and in any event, that was done. S.I. Nicholas , Inc. did go out and get a City occupational license and County occupational_ license. So, S.I. Nicholas, having a State Certificate of Competency, and being authorized by the State to engage in contracting any where in the State, there is no authority for the additional imposition of a requirement that there be County certification. In fact, it was only in the capacity of a — general contractor that S.I. Nicholas submitted its bid. It's apparent on the face of the bid, that all of the various trades, all of the specialty work for — which there might be .he requirement f a County certification, was subbed out to subcontractors, who do hold Certificates of Competency in their various _ respective trades. In this regard, the second lowest bidder, P.N.H., which is _ the bid which currently this Commission is apparently considering awarding the 108 November 13, 1986 c � _ contract to, is non -responsive. Part of the requirement in submitting the bid was that there be a list of subcontractors, and An indication as to each subcontractor, that it is a County certified subcontractor. Now, there is a listing on the bid of P.N.M. Corporation of An electrical subcontractor, but no indication that there ie A Certificate of Competency from Pade County, or from the City of Miami, so that bid would be non -responsive in thAt regard. I understand that. the reason why the Pepartment has refusfd to recognize the State certificate issued by the State, S.J. Nicholas, is thst there are certain exemptions in the State lam•. These ey.empt.ior,s, one of which includes the construction of roads and bridges and )iighways and sc forth, these exemptions Are not. exceptions to the right of A State certified general contractor, to contract on A State wide basis withoi.it- fulfilling local requirements, nor are they exceptions to the scope of the work covered by a State issued license. Rather they Are exemptions from the requirement that a contractor be licensed by the State at. all. What, the State is saying is that if you engage in any other type of the work, or if you are among the categories of the type of work listed within the exemptions under the State Act, the State will not require that you get a license. Now, I have no problems with the City insisting that a contractor obtain a Certificate of. Competency from the County, as to any contractor, who by virtue of one of the exemptions under the State law, has elected not to get a State license, but that is notthe situation here. The situation here is that S.I. Nicholas has gone ahead, and has gotten a State license, and so that by reason of that fact, the State Licensing Act kicks in, and he is entitled to the benefits of being able to contract with the City... Mayor Suarez: Are you saying that the more inclusive of the two licensings is the State, not the County? Mr. Cypen: The State license, under the law, entitles the certificate holder, the contract in jurisdiction in the State, and certainly, that would include any of the categories of work listed in the exemptions from the act, since the State of Florida never required a license for that type of work in the first place. I would also like to take time to point out that if in fact it is the position of the Department that the bidder must be County certified, as _ opposed to having a State Certificate of Competency, that not only is :he second lowest bidder non -responsive, but the third lowest bidder is also non- responsive. Again, here is a proposal submitted by what apparently is a State certified general contractor, which would certainly be permissible, but what is good for the goose is good for the gander. That would leave the City with one last bid of... a bid, which is, as I said, about $400,000 greater than the actual lowest bid, but we believe that the bid of S.I. Nicholas, Inc., is the lowest responsive bid, also lowest responsible bidder and we respectfully request that this Commission reconsider its position, and award that contract to S.I. Nicholas, Inc. Hr. Plummer: You know, Mr. Manager, I've got to come at this again. I don't agree with this man at all. I think the City has every right to put in its bids what we want, and if we want that as a Dade County licensed contractor, that is our prerogative, and if we don't want it, we don't put it in the bids, so I don't agree with you, OK? - but Mr. Manager, you know I have made this statement any number of times, and I continue to make it. These people did not make a competitive bid... the other companies. If they did not comply with the specs, why did you ever evaluate them, and why did you ever bring it before this Commission? They did not meet the specs, so why do you consider them? That's where we get into trouble. If you put into your specs, and you had every right to do such, that you wanted them to be Dade County certified, and they were not, what is it even doing before us? Mayor Suarez: Well, I agree with you, but that's the procedure that we did follow, isn't it? Mrs. Dougherty: No, I am saying that this whole is certified contract Mr. Plummer: But, that is the wrong... nol These people are herel Mayor Suarez: We analyzed the bids, we determine which ones are responstve, and we ch000e the lowest one of the responsive ones. Mr. Plummer: No, these people are part of this right in here in this analyzation. 109 November 13, 1986 c • Mr. Odio: Oh, like they replied, but they were never considered. Mr. Plummer: But, they did not come... you should not even consider them if they did not comply with the speeml Mr. Odio: Comm1 ssioner, let, me explain. The bids went out, they replied, when they were analy:.ed, they were told they were taken out, they were removed, they nearer htd a chance. Mayor Suarez: FteIl, you put them on a chart as if they were being considered with the other ones, is what he is spying. Maybe... Mr. Plummer: ices, Fir, right, here. Exactly! That's what I am saying) Mr. Odio: Fine, I will omit them from there. Mrs. Kennedy: Ye-s, they are here. Mayor Suarez;: Right. Mr. Odio: Because we have to list everybody that replied. Mr. Plummer: No, you don'ts Only those who met the specs. Mrs. Kennedy: Right. Mr. Plummer: If they didn't meet the specs, they shouldn't be there) Mayor Suarez: Make a separate list of the ones that responded, but were not found to be responsive. Mrs. Kennedy: Make the list of everybody. Mr. Odio: OK, we will separate... f ine, we will do that, I have no problem with that. We just were listing everybody that bidded That doesn't mean that he qualified. Mr. Plummer: All I am saying to you, I disagree with this gentlemen. I think the City has every right to write into its specifications what we feel is best for the City, and I can assume that they wrote in that they be Dade County certified to make sure local people get the work. Now, that makes sense to me, OK? Now, your group was not Dade County certified, and as such to me could not even bid in the first place, but they did. I move that item 62 be as recommended by the Manager. Mr. Cypen: If I may respond. Mr. Plummer: Sure. Mr. Cypen:... just briefly, and let me read from Chapter 489, which is Section 489.105(7): "Certified contractor means any contractor who possesses a Certificate of Competency issued by the Department, referring to the construction industry licensing board, and who may contract in any jurisdiction in the State without being required to fulfill the competency requirements of that jurisdiction." Mr. Plummer: We don't dispute that, air. Mr. Cypen: OK, then in Section 489... Mr. Dawkins: We accept that, sir. Mr. Odio: What's correct. That is right. Mr. Dawkins: Nothing wrong with it. Mr. Plummer We accept itl Mrs. Dougherty: Let him read 489. Mr. Plummer: Read 489, air. 110 November 19, 1984 f Mr. Cypen: OK, 489.113(4)- "When a certificate holder desires to engage in contracting in any area of the State, as a prerequisite therefore, he shall be required only to exhibit to the local. building officials, tax collector, or other person in charge of the issuance of licenses and building permits in the area, evidence of hc1d5ng a c«rrant certificate to pay the fee for the occupational license and btfilding permit required of other persons." Mr. Flummpr: Ve dcn't disagree with that. Mr. Cypen: Well, what 1... Mrs. Dougherty: Commissioner Plummer, I disagree with it, because in either case, neither of those statutes apply, because under 489.103, it specifically says, "that this act does not apply to contractors and work on bridges, roads, streets, highways, railroads, or utilities;" so it is our position that even if the State contracting provision did apply, it doesn't apply in this case, and furthermore, we also agree with you, Commissioner, that we have the right to decide who are the qualified bidders. Mr. Plummer: I move item 62 as recommended by the Manager. Mr. Dawkins: Second. Mrs. Kennedy: I second. Mayor Suarez: So moved and seconded, thirded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-923 A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION, IN THE PROPOSED AMOUNT OF $1,148,865.65, ALTERNATE BASE BID OF THE PROPOSAL, FOR DINNER KEY MARINA - PAVING AND LANDSIDE UTILITIES; WITH MONIES THEREFOR ALLOCATED FROM "DINNER KEY MARINA RENOVATION/EXPANSION" IN THE AMOUNT OF $1,146,865.65 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote- c � — 37. FUNDING OF COCONUT GROVE CARES BOXING PROGRAM FOR PURPOSES OF WINDING DOWN SAID PROGRAM. Mr. Dawkins: Mr. Mayor. Mayor. Suarez: Yes. Mr. Dawkins: Mrs. Virrick has been sitting here patiently for too long. Can you hear what Mrs. Virrick has so she can go home, please? Mr. Plummer: As if we have- to know why she is here) Mayor Suarez: Mrs. Virrick, we are ready for you. Mr. Dawkins: What is the number? Mr. Plummer: No, that is not true. (LAUGHTER) Whip out the check book, Odio. Here it comest Mr. Odio: Oh, my God. Mr. Dawkins: Item 75. Mrs. Elizabeth Virrick: I think the people that St. Peter is going to let into heaven are the ones that have waited the most hours to be heard. Mr. Plummer: Well, you will be second in line behind all of the Commissioners! Mr. Collie Coates: He says you will be second in line behind all Commissioners. Mr. Mayor, Commissioners, the question that... my name is Collie Coates, I am Assistant Director for Coconut Groves Cares. We are requesting that the Youth Boxing Program be funded under the same stipulation that it was last year, and those stipulations were that the Antique and Jewelry Show that we held each month, fee be waived, and those funds that are waived be used for funding of the boxing program, and at the same time, there was another allocation in the form of a waiver of $2,000 per month to offset the expenses of the Antique and Jewelry Show. It is one thing that I don't think anyone has ever brought up because Mrs. Virrick normally talks, and I told her that I was going to say exactly... Mayor Suarez: Wait, I am sorry. What does the waiver amount to? How much was it? Mr. Coates: The total amount last year was $6,000. Mayor Suarez: The total waiver was $6,0007 Mr. Coates: Yes, air. Mayor Suarez: Wowl We can almost do that with the City Manager's approval without having to come here. Mr. Coates: OK, and it was through the Department of Community Development. In the past, no one has actually said what that particular program is doing for the City of Miami, and I think I should give you some indication. In the last three years, the total people coming into the City of Miami, ten months per year, has totaled up to 81,812 people coming to the City of Miami in the last three years through the efforts of Coconut Grove Cares Antique and Jewelry Show. We are averaging about 2,727 people per month in this area. At first, we gave figures to Dr. Young over at the auditorium that it was 2,500, but when people come to this show, they also bring in their children, and they eat here. They go to restaurants and some ,ther things. I am of the impression that the boxing program, if waived the fees again, that will be 640,000 allowed... restricted to the boxing program, will be $40,000, in addition, $35,000 will fund the program for next... this fiscal year. The program has been opereting ever since October of this fiscal year, with no funds whatsoever, and that has been coming out of the agency's general budget. 112 Nov e:aber 13, 1986 Mr. Plummer: But, what did we tell you the last time we were here? Mr. Coates: I know what you :paid, Mr. Plummer. Yr. Dawkins: And that's not the first time V ve said it, OK7 Mr. Carollo: You Pro, Pcking fcrr how much? Vhat is the full amount you are asking for? Mr. Coates: A fee waiver of $40,000 for the Antique and Jewelry Show, and $35,000 additional funds for the grant. Mr. Carollo: $40,000 and... Mr. Coates: $35,000, Mr. Carollo: $35,000, you are asking for $75,000. Mr. Carollo: How much did you all make, that little fight that the Mayor had there that last time? Mr. Coates: The Mayor's fight brought in over $4,000, sir. Mr. Carollo: $4,000. Do you think if he would be so gracious maybe to help you guys out again, that if you had a bigger place you could make more money, or something like that? Mr. Coates: I think so. Mr. Carollo: What do you say "x"7 Think you can help them out again? Mrs. Kennedy: Are you talking of the whole thing, $75,0007 Mr. Coates: No, not the whole thing, I am sure of it. Mr. Carollo: Well, maybe the Ci.:y of Miami would be willing to donate a bigger facility. Mr. Plummer: Joe, I guarantee you if it is you and him, we could fill the Orange Bowl! (LAUGHTER) Mr. Carollo: Well, I didn't have it in mind, but if I am asked to do it for charity and the Mayor volunteers, I guess I have got no choice, but to say eyes". Mrs. Kennedy: So come on, let's go for it. Mr. Plummer: Let's gol Mrs. Kennedy: Let's do it for Mrs. Virrick. Mr. Plummer: I move waiver of the Orange Bowll I will even throw in a free funeral for the loser. (LAUGHTER) Mrs. Kennedy: T-shirt concessionl Mr. Carollo: How many rounds do you all usually do, Elizabeth? Mr. Coates: Three rounds. Mr. Carollo: Three rounds. Mr. Plummer: Oh, no, no, nol Fight to the finish... these aren't amateurs, these are pros! Mr. Carollo: How much do you think you could raise, Elizabeth, if you got two people that might attract a crowd for you? Mr. Dawkins: I don't know, but if you let J.L. get a policy on you guys, you will do good. Mr. Mayor, may I read... 113 November 13, 1986 Mr. Plummer: Wait a minute, we have got a good thing going here) Mr. Dawkins: Oh, we got a thing going! OK, I am sorry! Mr. Plummer: Let's see, at. $5.00 a ticket, $75,000... Mi. Odio: That's a let of money! Mr. Carollo: What do ycu think?, J.L.7 Mr. Dawkins: We can get. Budweiser to give us $50,000 to sponsor it. Mr. Plummer: Heil., he will drink thatl Mr. Dawkins: That's right. Mr. Carollo: Well, look, you know, you guys volunteer me, I'll accept the challenge. Mr. Dawkins: No, Heineken, don't ever do anything. We can get Heineken to give $100,000. Mr. Plummer: That's fine! Mr. Dawkins: Sure. Mr. Coates: Mr. Mayor, it could be... Mr. Carollo: Seems like you got... Mr. Coates: It could be successful, if we had someone from the Mayor's office so to help organize it, it could work. Mr. Carollo: It seems like you guys are going to get your money, you know... all you have got to do is organize the... Mayor Suarez: We are going to have a lot of people from the Mayor's office that are going to volunteer for it, let alone... Mr. Plummer: I want to be... wait a minute, I want to be the referee. I want to be the referee. Mayor Suarez: In fact, as long as he is issuing that challenge, if we could allow anyone in the City that wants to box him, and charge them, say for a minute or so, in the ring with him, $10.00, I think... Mr. Carollo: I did not issue any challenge, Xavier, I mean, I just brought it up that this has been your style, helping them, and you said that you would do it again for them, and you know, Mr. Plummer, I guess, who is with them, brought the fact up that if I would be involved, that it could raise a lot of money, and you know... Mr. Plummer: No, no, Joe don't say Mr. Plummer's suggestion, because then I as in a conflict of interestl Mr. Carollo: That's not my style, raising money, but to help these people. out, and since you have been so kind in the past to want to help them out, then I would do it for a one time performance in my career. } Mayor Suarez: I will do anything to help you raise money, including that, but ' in the meantime, I want to move the waiver of the fees as we did last year... Mr. Dawkins: Before we go any further... Mayor Suarez:... and I so move. -4 Mr. Dawkins: Before you go any further, may I... OK, you go ahead and move it, I will wait for your second. I can discuss it after you second it. Mrs. Kennedy: OK, I second. I second. 114 November 13, 1984 Mr. Dawkins: OK, Motion No. 86-19, of November ?, 1986, and when we gave thew the money, and I am reeding from the minutes: "Mr. Dewkine: And before you leave, Mike, - that was MJkF Simonhoff -- "I want to tell all of you one thing, if you can't support the program, then Find it down, Mr. Plummer: That. is it. Mr. Dawkins: h'P don't have any money. Mr. Plummer: Next year, the cupboards are more than bare. Mr. Dawkins: We wi11 help you raise the money, but we don't have it. Mr. Simonhoff: As we talked with some of the Commissioners, I think we can consolidate and make it effective for a City-wide thing, and that we will be coming back next year. Mr. Dawkins: I want to put you on notice that next year I will be voting to give you no money." Mr. Dawkins: OK? I told you that last year. Mr. Carollo: That was clear. Mr. Dawkins: Now, you are back again this year. Mr. Coates: That was very clear, Mr. Dawkins. Mr. Dawkins: And. I have been telling you that every year you have been coming back, OK? Now, but I always get over voted, so I have no problem with it, but I have to go on record as again, I am voting, no money. Mr. Carollo: Elizabeth, I wouldn't do this for anyone else but to help you all, so I am available any date that you all would like to pick. Mr. Plummer: Thanksgiving. Mr. Dawkins: There is a motion and a second. You seconded it, right? Mayor Suarez: Yes. Mr. Dawkins: Any further discussion? Are we voting on the boxing match, or on the funding? Mr. Coates: I think it was the waiver.(LAUGHTER) Mr. Dawkins.: OK, we are voting on the funding. OK, go ahead, Madam Clerk. Mr. Carollo: Come on now, you are going to f righten me with again, don't get into one. MOTION FAILED. MOTION TO WAIVE FEES SAME AS PREVIOUS YEAR FAILED BY FOLLOWING VOTE: AYES: Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins ABSENT: None. ON ROLL CALL: Mr. Plummer: I'm sorry, I've got to vote no. Mr. Carollo: Voting on the motion? No, I vote no on the motion. 115 November 13, 4906 Ms. Hirai: You change your vote? Did you change your vote? Mr. Carollo: Yes. I vote no, on the motion. The Commissioner read the minutes of the position of this Commission as a whole. The last time, it was ? made clear that we were not going to approve any more monies. I think that there Are other ways that we can hRlp them raise the money. Mayor Suarez: The motion was just a waiver, though. The motion was just a waiver of the fees that would otherwise... Mr. Dawkins: That is what it was last time. Mayor Suarez: OK, Mr. Carollo: That is what it was last time. It comes to the same thing, that City is giving money. Mayor Suarez: I just want to clarify it. Mr. Carollo: I think there are other ways that we can help them raise money. Mayor Suarez: Well, there may not be any opportunity cost, I mean, if there was no other event to be staged there during that time, there would be no loss of money to the City. Me. Hirai: Continuing roll call. Mrs. Kennedy? Mrs. Kennedy: Yes. I'm sorry? Mr. Plummer: Yes. Mrs. Kennedy: You are doing the roll call? Yes. (CONTINUED DISCUSSION) Mr. Coates: May I say one other thing? In the meantime, while we are waiting to raise these funds, the program is still operating. Mr. Plummer: Well, you know, that is an unfair thing to have asked of us. You know, we put you on notice 12 months ago, so to come back now and say that you are panicking, and that everything is this City Commission's fault, that is unfair to us, OK? You should have been planning that over 12 months of how you were going to wind it down, and I don't know how you are going to bring it to an end. What are your expenses per month? Mr. Coates: Expenses per month would be $4,500 per month. Mr.. Plummer: Well, I will tell you what I am agreeable to, OK? I know we gave them 12 months notice, and everything like that, but you have got people on line, and I think 60 days to wind the program down is within reason, unless you can come up with another source. I think you know now that the City Commission meant what it said, and I know that there is always :lope that they might change their mind, or some monies might come in. I make a motion at this time that we give them 60 days funding, final, amen, and that is solely for the purposes of winding down and outl Mr. Carollo: J.L., you know they are going to be back here after the 60 days, asking for another 60, another 90... i Mr. Plummer: Well, Joe... Mr. Carollo:... another year. It is going to be the same thing over and over again. Mr. Plummer: OK, hey, I am just saying... Mr. Carollo: You know, if that would solve the situation, I would say, fine, but, we know it is not. It is going to prolong the whole situation. Mayor Suarez: So moved. 116 November 13, 4930 Mr. Carollo: Now, if they could come up with other ideas and raise some money, you know... Mr. Plummer: Tou know, I am all in favor of that. Mr. Carollo:... the Mayor has been willing to help, I am willing to help... Mayor Suarez.: I will second it, if there is no other second. Mr. Plummer: I move for 60 days of wind down money. Mr. Odio: Tou are kidding met Mrs. Kennedy: It is better than nothing. Mayor Suarez,: Second. Mr. Dawkins: It has been moved and seconded that the Coconut Grove be given again for the fifth time, this final funding. This will be the fifth time that this Commission has told you this is final. Mr. Plumper: Let me clarify my motion, please. That is only money for the boxing program. It is not for the show. It is only to wind down, so hopefully those youths can get into some other thing. Mr. Dawkins: OK, I just want to... well this is the fifth time, and maybe the second or third time, just for the boxing. See now, when you come back for the sixth time, J.L. will make the same motion. Mr. Plummer: No, sir, I will nit! Mr. Dawkins: OK, I will guarantee you will. I'll bet you a soda you will. Mr. Carollo: I have to go with the position this Commission has taken in the past, and we told them five times this is final funding; they have agreed on it, you know, it never ends. Mr. Dawkins: Call the rolll The following motion was introduced by Commissioner Plummer, who moved Its adoption: MOTION NO. 86-924 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO FUND THE COCONUT GROVE CARES' BOXING PROGRAM FOR 60 MORE DAYS, SOLELY FOR PURPOSES OF WINDING DOWN THE PROGRAM. Upon being seconded by Mayor Suarez, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Vice -Mayor Miller J. Dawkins ABSENT: None ON ROLL CALL: Mr. Dawkins: I've said it for the fifth time, and I will be saying it for the sixth time, nol If we don't finally tell you, no, you will be down here every time, and every time you come down here, somebody up here gets a flubber heart and says, yes, OK? Now, I am going to tell you before you come next time, no. (FURTHER DISCUSSION) Mayor Suarez: Yes, Mrs. Virrick7 Mrs. Virrick: I think you are forgetting, when you are saying these things, of the benefit that the City derives from is program, and I am not going to take up your time now to tell you, but I am going to write you a letter about 117 November 13, 1986 it, because I think that is something that should be taken into consideration before you give us sixty days or five days, or a hundred days. I think that is very import Ant and I hope you will read my letter, and while I am standing here, I Am going to Invite you, all cf you, to celebrate my 90th birthday at Plymouth Church on January Jlth. Mi. Carollo: Nappy Firthd;:q to your, FlJ aheth. Mr. Dawkins: Mrs. Virrick, 1 vpnt to ray that none of us, including me, can Argue with the Fork of Coconut. Cares, and if you were here, fighting to get money for Coconut Cares, I'd go to t.hr- wire uith you, but I keep telling you that the boxing program, in my opinion, has taken away from what you are doing, overall, and thatis where I am! Mrs. Virrick: You know, I am pest the age of being worried about my reputation, so I Am going to invite you to make a date with me to go over and let me explain the program to you, because I am sure you are not aware of what that program does, so if you will please let me take you over there some day... Mr. Dawkins: The day before your birthday, we will go out together Mrs. Virrick: Well, that is Sunday. You don't want to go out Sunda - Mr. Dawkins: On a Sunday? I'll take you to dinner on Sunday! No problem! Mrs. Virrick: The 10th is on Sunday. Mr. Dawkins: All right, that is no problem, unless you don't go to nowhere but church except on Sunday. Mrs. Virrick: OK. Mr. Dawkins: OKI Mr. Odio: 95? No? Mr. Plummer: Will be 90, January llth. 38. DESIGNATING AND APPOINTING TWO INDIVIDUALS TO SERVE AS DIRECTORS OF BAYSIDE MINORITY FOUNDATION FOR PURPOSES OF CREATING A LOAN GUARANTY PROGRAM TO MINORITY BUSINESSES, CREATION OF A VOCATIONAL FUND FOR MINORITIES & PROVIDING TECHINICAL ASSISTANCE TO LOCAL C.D.C.'S. ---------------------------------------------------------------------- Mayor Suarez: Item 63 has to do with appointments to Bayside Specialty... Mr. Odio: Yes, air, there were two individuals that resigned in the Bayside Minority foundation... Mr. Plummer: Who were the ones that resigned? Mr. Odio: For personal reasons, I have to... Mr. Plumner: Whose appointments were they? Mr. Odio: Vice -Mayor Dawkins, and Commissioner Carollo. They are to fill each vacancy. Mayor Suarez: OK, do you have any appointments ready? We will take them up, otherwise, we will go on. i' t: Mr. Dawkins: I have... Mr. Carollo: I have Sam Mason from the Martin Luther King Association. Mayor Suarez: Sam Mason is Commissioner Carollo's nominee in the form of a motion. Commissioner Dawkins? 118 November 13, 1986 Mr. Dawkins: Maxine Thurston. Mayor Suarez: Me.xine Thurston - Commissioner Dawkins. Those two are moved. seconded. Any di€cuppl on, cell the roll. Mrs. Kennedy: Lot me Psk, Mr. M.eneger, whet organizations will Bayside be talking to, to Fnss,rP minority perticipAtion7 Mr. Odic: Vhat 7 Mrs. Kennedy: Vhat orkfni.ations will they be talking to? Mr. Odic: You mepn, Fs fer ss obtaining employees, or lessors? Mrs. Kennedy: No, lessors. Mr. Odio: They are supposed to be meeting, not organizations, I think they are reaching out, to the business cones -unity, and I know they have salesmen out talking to different businessmen about leasing, but I do not know, I'm not aware that they have talked to any organizations. I am beginning an audit, by the way, on the minority participation in Bayside. Mayor Suarez: As far as the tenancies? OK, call the roll on the two appointments. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 86-925 A RESOLUTION DESIGNATING AND APPOINTING TWO INDIVIDUALS TO SE WE AS DIRECTORS OF THE BAYSIDE MINORITY FOUNDATION ESTABLISHED BY THE DEVELOPER OF THE BAYSIDE SPECIALTY CENTER AT BAYFRONT PARK FOR THE PURPOSE OF (1) CREATING AND ADMINISTERING A LOAN GUARANTY PROGRAM FOR VENTURE CAPITAL LOANS TO MINORITY BUSINESS ENTERPRISES (2) CREATING A VOCATIONAL/EDUCATIONAL SCHOLARSHIP FUND FOR MINORITIES, AND (3) PROVIDING TECHNICAL ASSISTANCE TO LOCAL COMMUNITY DEVELOPMENT CORPORATIONS ENGAGED IN ECONOMIC DEVELOPMENT. (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 vas passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 11Q Novsml»r 1�, 19$S --------------- - ----------------------------------------------------------- = 39. GRANTING REQUEST FROM REPRESENTATIVES OF THE CARIBBEAN BASIN INTERNATIONAL CONFERENCE FOR USE OF THE PARKING AREA IN FRONT OF HOTEL INTERNATIONAL MIAMI. --------------------------------------------------------------------------------- Mrs. Kennedy: Mr. Mayor, while we are on the subject of Bayside, let me just read a letter. This is from Lee Brian Schrager, Director of Catering, from the Hotel. Intercontinental, and he says: "I'm writing to request your assistance..." I talked to the City Manager, by the way. He said that I had to present it here, and we have to approve i.t. "I am writing, to request your assistance regarding the Caribbean Basi- Initiative Conference, which, as you know, will be held at the Hotel Intercontinentaal, Miami, from November 14th, which is tomorrow, through the 21st. The major conference will be very important, not only to the hotel, but to the City of Miami as well. We have one unresolved problem, as headquarters of the conference, however, and that concerns parking. We expect thousands of conference participants and our facilities are not adequate. In the past, we used the lot in front of the hotel, which is now occupied by the Bayside project. It is my understanding that the areas is managed by the City, under your jurisdiction. I would like to request that it be made available to our valet parking service in order to accommodate the masses of people who will be attending the conference. As you are aware parking downtown that is always a problem, it often affects the success or failure of the important events, such as this conference. Therefore, for the benefit of the City, as well as our hotel, I hope you will assist us in making the parking area in front of the hotel available to us." Mr. Plummer: Is that on a fee, or a non -fee? Mrs. Kennedy: I imagine, non -fee. Mr. Plummer: It is not valet where they are charging a fee? Mr. Odio: Oh, yeah they charge a fee. Mr. Plummer: No, no, nol Mayor Suarez: Well, that is interesting, yes, they could use the facility, but not charge people for itl Mr. Plummer: Yes, the hell you sayl If they are going to charge a parking fee, we are going to get our revenue. Mrs. Kennedy: Well, would you like to get a hold of this man and... Mayor Suarez: Yes, we could approve it with that provision. Mrs. Kennedy: With that provision, OK. Mayor Suarez: With that proviso. Mr. Odio: Approve it subject to the City getting a Mrs. Kennedy: All right, I will so move that way Mr. Plummer: Well, wait a minute. How much is the City going to get? Mr. Odio: That is what you want me to do. Mr. Plummer: Fifty percent? Mr. Odio: Whatever you decide. Mr. Plummer: Well, I don't think that is unreasonable. 120 November 13, 1986 Mrs. Kennedy: Yes, fifty percent is reasonable. Mr. Plummer: OK, the City gets fifty percent. They have got to provide the policemen to take cere of the situation. Mr. Odio: They provide ell the expenses, end we provide the... Mr. Plummer: And they heve got to indemnify the City with liability insurance. Mr. Odio: Yes. Mr. Plummer: Under those provisions, yes, I'll second the motion. Mrs. Kennedy: Agreed. Mayor Suarez: Moved and s-conded. Any discussion? Call the roll. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 86-926 A MOTION GRANTING REQUEST RECEIVED FROM REPRESENTATIVES OF THE CARIBBEAN BASIN INTERNATIONAL CONFERENCE FOR USE OF THE PARKING AREA IN FRO14T OF THE HOTEL INTERCONTINENTAL MIAMI FROM NOVEMBER 14-21, 1986, SUBJECT TO THE CITY RECEIVING 50% OF ANY REVENUES DERIVED FROM SAID PARKING; AND SUBJECT TO THEIR OBTAINING ALL NECESSARY POLICE PROTECTION AND INDEMNITY INSURANCE FOR THE CITY. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. - Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo ---------------------------------------------------------------------��-� 40. APPOINTMENT OF TWO MEMBERS TO THE BOARD OF TRUSTEES OF THE CITY OF MIAMI FIREFIGHTERS AND POLICE OFFICERS RETIREMENT TRUST. Mayor Suarez: Agenda item 64. Mr. Dawkins: Hold on, item 64 here, we have got some kind of a problem here. Mr. Manager, all right, that is OK, you do it. I understand there is only one appointment instead of two, is that correct, air? Mr. Dean Mielke: That is correct, Commissioner, there is a scrivener's error on there which says two. It is two in that you have got one for police and one for fire. That is what is coming up. Mr. Dawkins: OK, I'd like... they want to reappoint Charles Hall. Mr. Dean Mielke: We have no problem with that. Mr. Dawkins: OK, I'd like to move that we reappoint Charles Hall to a two year term for the Fire Department, and Al Gurdak from the Police Department. Mr. Plummer: Second the motion. Mrs. Kennedy: Second. 121 November 13, 1986 Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO, 86-927 A RESOLUTION AFFOINTING TWO MEMBERS TO THE BOARD OF TRUSTEES OF THE CITY OF MIA►'I FIREFIGHTERS' AND POLICE OFFICERS' RETIRFM,.ENT TRiIST AS FROVIDFD rOR BY CITY OF MIAMI ORDINANCE 140. 30007 (SFCTIONS 60-203 AND 40-202) FOR SPECIFIED TFRi,`S OF OFFICE. (Here fol)ovs body of reFo3ut.ion, omitted here and on f.33e in the Office of the City Clerk.) Upon being seconded by Com+mifieioner Hummer, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mayor Suarez: I saw a nodding of the heads, I guess that means that we are OK there. 41. SOLICITATION OF BIDS IN CONNECTION WITH AWARD OF CONTRACT FOR CITY HALL LOBBY R3NOVATIONS. Mayor Suarez: Agenda item 65, two unions representatives got their way around here. Mr. Odio: The reason for this emergency, Mr. Mayor, is it is imperative to minimize the of the proceedings. These are the two items, 65 and 66. I do not want to go on an emergency basis on this. I want to go on a regular... Mr. Plummer: Move it on a first reading. Move 65 on a first reading. Ms. Hirai: It is a resolution? Mr. Odio: I don't need you to read. What I need is for you to tell me that it is OK for me to proceed with this project. Mr. Kennedy: But, Mr. Manager, where you are going to change this? Mr. Odio: No, I don't want to do it on an emergency basis. I think that there is not sufficient reasons for an emergency... Mr. Dawkins: OK, so we are going to move it on first reading and come back on second reading. Mr. Plummer: It's a resolution. Mr. Odio: No, all I need is for you to let me go out for bids on the amounts listed here, and if you agree with the amounts and what we are going to do, , then we will bring back the bids to you to award them. Mr. Plummer: Fine. Move 65 under those circumstances. Mr. Dawkins: Second. 122 November 13, 1986 Mayor Suarez: ViON-pd ar,d Fecond, we go out for bids and we will bring back the submissions for our Fi'p ros-pl . Any discussion? Call the roll. Is that the basic procedures Mrs. Kennedy: wFit., I don't understand. We talked about this yesterday, and you said thptyou would go for public bids. Mr. Odio: Yes, that is what we are doing. Mr. Plummer: He is. Mrs. Kennedy: Oh, OK, I just wanted to make sure. Mr. Odio: What I am saying, Commissioner, yes, exactly. We are going to go out for public bids, but I wanted you to know about the projects and if you agree that we should do the work... Mr. Dawkins: He didn't want to go out for the bids and then come back and we turn the work down, I think that is whst he IF trying to say. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-928 A MOTION AUTHORIZING AN➢ DIRECTING THE CITY MANAGER TO SOLICIT BIDS IN C014NECTIO14 WITH AWARD OF A CITY CONTRACT FOR CITY 1:.4LL LOBBY RENOVATIONS, AT A COST NOT TO EXCEED $100,000. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo ------------------------------------------------------------------------------ 42. SOLICITATION OF BIDS IN CONNECTION WITH AWARD OF CONTRACT FOR CHAMBER LIGHTING AND CEILING. ------------------------------------------------------------------------------ Mayor Suarez: Item 66, is that a companion? Mr. Plummer: Same. Same stipulation and conditions, I move it. Mayor Suarez: Moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-929 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SOLICIT BIDS IN CONNECTION WITH AWARD OF A CITY CONTRACT FOR CHAMBER LIGHTING AND CEILING, AT A COST NOT TO EXCEED $50,000. Upo! ,eing seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- 123 November 13, 1966 AYES% Co%mriisFioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice-14sror N,i 3 3 er J. Dawkins Mayor Novier 1_,. Suarez NOES: None, ABSENT: Com*risaioner Joe Carollo 43. CONFIRMING ORDERING RESOLUTION: ADVERTISE FOR SEALED BIDS-FAIRLAWN SOUTH SANITARY SEI-T-P TMrROVFMENT (DISTRICT SR-5515-C) Mayor Suarez.: Itrm 67. Mr. Piumer: Move it. Is there anyone in the audience wishing to speak? Item 67 is a public hearing. Mayor Suarez: On item 67, let the record read... Mr. n urtmer: I..et the record reflect that no one came forward to speak on 67, and as such, I move it. Mayor Suarez: So moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Call the roll on 67. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-930 A RESOLUTION CONFIRIIING ORDERING RESOLUTION NO. 86-679 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF FAIRLAWN SOUTH SANITARY SEWER IMPROVEMENT IN FAIRLAWN SOUTH SANITARY SEWER IMPROVEMENT DISTRICT SR-5515-C (CENTERLINE SEWER) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES% None. ABSENT: None. 124 November 13, 1986 — - — --------------------------------------------------------- 44. INCREASE CONTRACT AMOUNT VITH P.N.M. CORPORATION FOR CONSTRUCTIONS OF ALLAPATTAA INDUSTRIAL AREA HIGHWAY IMPROVEMENT - PHASE 11. ------------------------------------------------------------------------------ Mayor Suarez: Item 68. Mr. Dawkins: Linder 68, Mr. Manager, is there any other construction company in Miami, other then P.N.M.? Mr. Odio: I sm beginning to think that there is not, really. Mrs. Kennedy: I beginning to question the some thing. Mr. DowkinR: Yes, we just came up here where F.N.fi. was awarded a contract, even though they were not the low bid. Now, we got. r.N.M., and I can go back through a:ll of the last four agendas, and r.N.M., is the only one, I mean... Mrs. Kennedy: You know, that is the point that I have been trying to make over and over, it is the some people. It is like a recycling, and I am not saying that they are not qualified. I am sure that they are very highly qualified, but what can we do to give other people the chance? Mr. Odio: I want to put it on the record why. Mr. Don Cather: If you don't wish to have these people get the contracts, you should do away with the fact that we award the bid to the low bidder. Mr. Dawkins: You can do better than thatl Mr. Cather: No. Mr. Dawkins: Let's say low and responsive, OK? Mrs. Kennedy: That's right. Mr. Dawkins: The bid that says, low and responsive bid, OK? So now, if this guy here is putting only the people to work who he has got, and two or three other companies is going to put somebody else out there unemployed to work, to this Commission, that is more responsive) OK, so don't tell me about the law. You can break the law, when you ready to break it now. Move 68. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll on 68. 125 November 13, 1986 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-931 A RESOLUTION AUTHOR 7 7.11NIG AN INCREASE IN THE CONTRACT AMOUNT OF S23,668.S6 IN THE CONTRACT PETVEEN THE CITY OF MIAMI, FLORIDA ANT) Fmk, CORFORA'TION DATED APRIL 19, 1986 FOR THE CONSTRUCTION OF A.T_J,AFATTAH JKPITSTRIAL AREA HTGHVAT I17FFOVIYF1,7T - rHESF 71 (R77)S '-A" b "C") SAID FUNDS TO FF TPOVIDF_.D FROM TIONDS ALREADY ALLOCATED TO THE FROIFCT; FiTRTiiFR RATIFYING THE CITY MANAGER'S WRITTEN FINDING THAT THE. HE:RFIN INCREASE RFSLTL.TF.,D FROM EMERGENCY CIRCUMSTANCES BY AN AFF7RMAT14rF, VOTE OF TWO- THIRDS OF THE_, MEMBERS OF T14F CITY COMMISSION, ISSION, AND ADOPTING THE TJNDINGS A.ND CONCLUSIONS SET FORTH 114 THE PREAMBLE OF THIS RESOLUTION; FURTHER ACCEPTING THE COMPLETED WORK, OF FNT1 CORPORATION AT A TOTAL COST OF $1,201,213.10; AND AUTHORIZING A FI14AL PAYMENT OF $176,469,68, (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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 45. WAIVER OF REQUIREMENTS AND PROHIBITION FOR ALBERTA B. COOPER (CITY EMPLOYEE), TO PARTICIPATE IN THE CITY'S HOME RENOVATION AND REHABILITATIVE PROGRAM. ------------------------------------------------------------------------------ Mayor Suarez: Agenda item 69. Mr. Odio: This involves the approval of a conflict of interest provision on — an employee, so that he can meet the criteria eligibility. Mayor Suarez: You got a motion? Mr. Dawkins: Yes, he should not be penalized because he works for the City of Miami, and not be allowed to participate in the low housing... grants and what have you. Mayor Suarez: Rehab projects, is that what it is, a rehab? Mr. Jerry Gereaux: Yes, rehabilitation. Mayor Suarez: Moved and second? Mr. Plummer: Yes. Mayor Suarez: Seconded. Any discussion? Call the roll on 69. 126 November 13, 1986 The following revolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-932 A RESOLUTION VAIVTNG THE REQUIREMENTS AND PROHIBITION _ CONTAINED IN CITY COPY SECTION 2-302; RY FINDING, AFTER A ANN DULY ADVERTISED FURT_.TC H7'.AR7NG, THAT IT IS 114 THE BEST INTEREST OF THT'. CITY TO FFRN,7T ALFFRTA F. COOPER, AN EMPLOYEE OF TTT. FARY.S, RFCRFATION AND FUFLIC FACILITIES DEPARTMENT, TO FARTICTFATF. 714 THE' . HOM F RENOVATION AND REHABILITATION FROGRAMi AT)M1141STFR£D FY THE HOUSING CONSERVATION AND DFVF_T,OFMENT AGENCY THROUGH THE COMMUNITY DEVELOPMENT FLOCK C-PART PROGRAM OF Tk'E U.S. DEPARTMENT OF HOUSING AND URBAN DEV 1,01`MTNT. c (Here follows body of revolution, 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 J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy --------------------------------------------------------------------- RE --------- 46. WAIVER OF REQUIREMENTS AND PROHIBITION FOR PERMON ANDERSON (CITY EMPLOYEE) TO PARTICIPATE IN CITY'S HOME RENOVATION AND REHABILITATION PROGRAM.. Mr. Dawkins: The same thing for item 70, this person also wants to take advantage of the rent, whatever it is. Mayor Suarez: So moved. Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion? Call the roll on item 70. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-933 A RESOLUTION WAIVING THE REQUIREMENTS AND PROHIBITION CONTAINED IN CITY CODE SECTION 20302; BY FINDING, AFTER A DULY ADVERTISED PUBLIC HEARING, THAT IT IS IN THE BEST INTEREST OF THE CITY TO PERMIT PERMON ANDERSON, AN EMPLOYEE OF THE FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT, TO PARTICIPATE IN THE HOME RENOVATION AND REHABILITATION PROGRAM ADMINISTERED BY THE HOUSING CONSERVATION AND DEVELOPMENT AGENCY THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (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- 127 November 13, 1986 AYES: ComniFeioner Joe Carollo Comoirraioner J. L. Plummer, Jr. Vice-Meyor K5ller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner FosRrio Kennedy 47. GRANTING RFOUFST FOR ENDORSEMENT TO BRICKELL AREA ASSOCIATION FOR BRICKELL HTDIAN HOLIDAY TNT74T, Mayor Suarez: Item 73, Jeck7 Mr. Jack Lowell: Mr. Mayor and members of the Commission, my name is Jack Lowell, offices at 801 PrickelI Avenue. I am president of the Brickell Area Association. We would like the Commission to endorse a project to light up the Brickell median from the Miami river to S.E. 15th Street Road, without public expense. The Brickell. Area Association and the property owners fronting on Brickell Avenue are raising money to put in small, white lights to light the median the way it is done in Chicago and other cities on Michigan Avenue. I think it will be a great thing for the holiday season. We would hope that the Mayor is going to come on December 10th and light the street up, and we invite all of you to appear as well. We would just like you to endorse the project and our efforts. Mr. Plummer: Carollo is going to light him up first, but I move the project. Mr. Carollo: You know he keeps changing his mind. He told Elizabeth, you know, he • ill do it again, he wanted to help her, and he changed his mind afterwards. Mr. Lowell: We will be glad to provide a boxing ring for a match. Mr. Dawkins: Second. Mr. Plummer: No, no we can't sell tickets there! Mr. Dawkins: No, no, no. We need a spot light then. Mayor Suarez: Moved and seconded. Any discussion? C#11 the roll. Any intelligent... Mr. Dawkins: I guess he is better with daggers in the back! Mayor Suarez: Any intelligent discussion? Hearing none, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-934 A MOTION GRANTING REQUEST RECEIVED FROM REPRESENTATIVES OF THE BRICKELL AREA ASSOCIATION IN CONNECTION WITH THE BRICKELL MEDIAN HOLIDAY LIGHTING EVENT, BY ALLOWING THEM TO RAI' THE NECESSARY FUNDS FOR THIS PROJECT. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- AYES: CommaiEsiorpr .Toe Carollo Commissioner .7. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: gone. ABSENT: Commissioner Roserio Kennedy 48. ALLOCATE AN AM011,'T 140T TO EXCEED $5,000 ( IN KIND CONTRIBUTION) FOR 1987 GREATER M T 0,5l AT;rUAL R I LLT ISM TOUPNAN,FNT . Mayor Suarez: Agenda item 77. Mr. Odlo: They are requesting funds from the City, and I want to say up front that we are recommending R@,sinst it. Mayor Suarez: George... how to you pronounce that? Mr. George Poveromo: George £overomo, I am the executive director of the Greater Miami Billfish Tournament, the office at 18201 N.W. 68th Avenue, Suite 6, in Miami. Mayor Suarez: George, you are not paid to represent the association or anything, in this partic-lar... Mr. Poveromo: I am their executive director on a commission basis. Mayor Suarez: OK. Mr. Plummer: On a commission? Mr. Poveromo: On a commission. Mr. Plummer: Then you have got to register as a lobbyist. Mr. Poveromo: Oh, I was registered earlier today. I have been registered on this. Mayor Suarez: Oh, you did, OK. Mr. Plummer: Oh, OK. Mr. Poveromo: Anyway, the Miami Billfish Tournament, as most of you know by now, was established back in 1983 as a fundraiser for the University of Miami's snook hatchery, and the Atlantic Game Fish Foundation on Key Biscayne. Since that time, we have grown to one of the largest fishing tournaments in the United States. The publicity that we garnished through the pages of national sports fishing magazines, and out of town newspapers last year alone, was the highest of any other tournament in the history of the sports fishing. We had feature articles in national fishing publications, ranging from January of 1986 through the actual tournament in April and leading through July, and that is just you know, publicity money cannot buy! We have been funded by the City of Miami in a cosponsorship way. We are coming up to request $25,000 for use for advertising and promotion for the '87 tournament in April, and we are pursuing to do a half/half... half to the City of Miami at $12,500, the other half through Dade County, at $12,500. Mr. Plummer: Mr. Mayor, what we did before, was we gave them $5,000 in kind, and $5,000 in hard. I'd like to move at this time that we give them the $5,000 in kind. This gets tremendous publicity for this community, and that is part of the promotion money, by the way. What we used last year was promotion money from the T.D.C., which this year, all of that money is coming to the City through the arrangements that we negotiated with the County. I'd like, if it is possible, to give them the $5,000 in kind, and we will look for the other. 129 November 13, 1986 Mr. Carollo: veil, OK, I will say this, even though I coo believe that we have enough fishing tournaments going on right now, I will go P)ong with this one. Mrs. Kennedy: Tart rrp rFk you, where do your proceeds gc? Mr. Poveromo- ihf proceedF go tr the Atlantic: GFfie Fish ioundPticn, which Mr. George Kunde hprf, iF the president of, and all of OUT prccffdS... Mr. Dxvk,3ns: Arp you brfgging, or complFining? - bfcpuse he is the president. Mr. Plummer: Tou better he Quiet, or you are going to lose my vote) Mr. Kennedy: Whet do you do with thFm, Mr. Yrinde? Mr. Poveromo: The proceeds go to the €nook hatchery - just a brief outlook on the snook, it was one of rlorida'fi most popular species that inhabited Biscayne Pay. Over fishing and pollution have led to its decline, where they are almoot an endangered species. Since the past two years, when this hatchery has been in existence, they have released over 1,000,000 snook back into the waters of Biscayne Pay, so we do fund that fish hatchery. They are releasing anook, and red fi.Eh into our waters to replenish it. You know, if I might add too, back in the 1950's... Mr. Plummer: You keep talking, I am going to withdraw my motion! Mrs. Kennedy: Has the State given you any money? Mr. Poveromo: Pardon me? Mrs. Kennedy: Has the State given you any money? Mr. Poveromo: No, we are just strictly, you know, co -sponsored through the City. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-935 A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO ALLOCATE AN AMOUNT NOT TO EXCEED $5,000 AS AN IN - KIND CONTRIBUTION IN CONNECTION WITH THE 1987 GREATER MIAMI ANNUAL BILLFISH TOURNAMENT. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. ON ROLL CALL: Mr. Carollo: Yes, for more fishing. Mr. Poveromo: Thank you, very much. NOTE FOR THE RECORD: AGENDA ITEM 73, NO ONE PRESENT; AGENDA ITEM 74 WAS WITHDRAWN. 130 November 13, 1986 -- - ------ ----------------------------------------------------------------- 49. DEFER COY_gTI►EF_:TTON OF REQUEST FOR RENOVATION FUNDING IN CONNECTION WITH PA-UHOUS)= ART COMFLFX, INC. Mayor Svere7: Item 76, PFV"hC1JFP Art Complex. Mr. Odic: We hFve ,liven them an avard. Are they here? Mr. Flummer: Tes. Mr. Odio:....of a $150,000 grant. Now they are requesting an additional $108,000 to renovate. The County has agreed to provide one/half of this, or $54,000 in the form of a loan if the City matches it with a $54,000 grant. Mr. riummer: Grant, or loan? Mr. Odlo: Or loan. — Ms. Helen Fanconst: My name is Helen Pancoast, I represent the Bakehouse Art Complex. I am here to request the funding, the matching funding to complete the renovations to the Bakehouse Art Complex. Metro Dade County has already granted the facility, in addition to the $54,000, which they have just asked you to match, an additional $20,950 in a grant. This was for paint and security. Last week I sent each of you a copy of my address before the County Commission, outlining the causes which have forced us to seek additional funding. I delivered to each of you this morning a copy of the recommendation from Metro Dade County with a brief sum -nary of these causes. The Bakehouse Art Complex is a very special example of community redevelopment at its very best. It is the reutilization of an historic building to house a cultural facility in a depressed neighborhood, with the cooperation of the City and the County. It rep-asentsa long-term investment in cultural development, with private and governmental funding, as well as the deep personal commitment of dedicated volunteers from all sectors of the community. All funding has gone to the hard cost of rebuilding the complex. All monies granted or loaned have been put into a permanent needed, not for profit facility, rather than into fixing up a temporary space, to the benefit of an uninvolved landlord. We are in Wynwood permanently, and dedicated to the revitalization of this community. The contractor, Bill Construction, is a minority firm. It is owned 50 percent by a Black and 50 percent by a Latin. For three years, this has been a full time, all volunteer organization doing real work, from cleaning bathrooms and floors, weeding and planting, as well as raising money and in - kind donations. We have not paid ourselves salaries. When we needed additional help, we hired people from the neighborhood. The Bakehouse Art Complex is a cultural facility, created to encourage serious artists from all segments of the community, to stay and work in Miami. It is a working factory, not a palace. We need to get finished now to begin operations so that we can generate income to be self-supporting and most important of all, to let the artists move in to begin to work. I am counting on the additional help of this Commission to finish this project, and let us get on our way. We are one of the very few cultural organizations which will be able to fund ourselves, once we get moved in, but we are six months behind. This time I vent first to the County for the funding, and I am coming to you second, because the last time I came to you first, and it took six months for the County to make up their minds, and put us $25,000 behind. Mrs. Kennedy: What have you done with the funding that you have received? Ms. Pancoast: It has all gone into bricks and mortar. Mrs. Kennedy: Not for staff, or... Ms. Pancoast: No staffing, it has been completely run by volunteers. SEEL Mrs. Kennedy: And what do you need as far as staff is concerned? Ms. Pancoast: A part time business manager and a part time secretary would relieve those of us who are full time volunteers and they are here, some of them. Some of them are artists as well, and they are also volunteers. Gene Walberg has done our bookkeeping for us the last six months. We need relief 131 November 13, 1986 in order to go out and raise alddit.iona•l funding to do the proarA!ns that we have to da. If re could get the ,additionel $70,000 thAt ve ere a=Fking for, G h t d ve could 4,Qp Chet for some which round match erhat the ounty AR gren ar ta. , minim aal Atmffing, And I think after the first. yesr, vF vouldn't need that. Our performance ehc F that we cen then be able to pey Cur avn Fteff, but this is a< one time kind cf thing, ene ve are Fir mr-nthA behind, end ve cen't finish this jab, ve cen't get a C.C. unleFF ve get ihiF Addit.iancl funding, so... Mrs. Kennedy: t•'het iF the erect Amount, thet- you need? M- FAncoect: In round figureF, Feventy--five. Mrs. Kennedy: And I think thAt. the Manager is recommending it. I think it is a great project, end I move to give you the money. Mr. Flummer: The $54,0007 Mr. Odic: The $54,000 or $75,0007 Mrs. Kennedy: Well, $54,000 for now, right? Or would you... Ms. Pancoaast: We need staffing. We have got to have some staffing, we have no staffing at all.. Mr. Odio: We can recommend the $54,000, which is half of what the County is going to give you. Mr. Dawkins: You just told me you don't have no money. How are you recommending money? Mr. Odio: That is from the Community Development Economic Development transferal. Ms. Pancoast: This is Federal money, Commissioner Dawkins. Mr. Dawkins! So what... Mayor Suarez: Community Development Economic... the Economic Development... Mr. Dawkins: You see, this is what irritates me, you see, certain people come up here, you don't have no money. Then, other people come up here, you got moneyl No, Ma'am, hold it, I am going to let you speak when I get through with him, OK? Please, OK? You see, every time I sit down with you, and you and I come to some agreement and you tell me you don't have no money, and I go along with youl Mr. Odio: That's right. Mr. Dawkins: And then certain organizations come up here, I'll be damn if you don't find money. Mr. Odio: Commissioner, I don't even know them, let me tell... Mr. Dawkins: I don't care whether you know them. I don't care if they just got off the excursion from the moon. Mr. Odio: That is right, air. Now... Mr. Dawkins: OK? The same thing I am saying is, you find money for what you want to find it for, Mr. Manager. Mr. Odio: No, sir, that is not a correct statement. These monies are earmarked in Community Development for economic development. They meet that criteria on a loan basis. This is not an outright grant. Mr. Dawkins: I've got 16 places in Overtown, I've got 19 places in Liberty City, I've got 47 places in Wynwood, I've got I don't know how many places in Coconut Grove that meet the economic development, and you all don't get up and give no money for theml You don't find no money, you tell me we don't have it. Ms. Pancoaot: This is Wynwood, sir. 132 November 13, 1986 Mr. Odio: Commissioner... Mr. Dawkins: You tell me... OK, well its not in the area I am talking about. Mr. Odio: OK. Mr. Dp kins: I mpxn, now, I have no problems! You give them this, how much are you going to give her? Mr. Castaneda: A loan for $54,000. Mr. Dpwkina: All right, I want a loan made for $51,000 in Over.town, outside of Overtown/rark.{Jett. Tou make a $50,000 loan in Coconut Grove, $50,000 in Liberty City, $50,000 login in the depressed area of Northeast Miami, and all the others. Nov, if you got, that kind of money, come up with it. If you haven't., then back off. Mr. Dawkins: Tou got. $200,0007 Mr. Odio: Commissioner, we have $730,000. That was the plan that was presented to you this morning on the mini U.D.A.G. Mr. Dawkins: And it did not spy anything about projects like this. It said it was going to make work fcr people, or it was going to enhance the neighborhood through U.D.A.G, and building buildings and what have you. You didn't say nothing about this. That is what I asked you this morning. Mr. Odio: It is also addressing economic development. Mr. Dawkins: Didn't I ask you this, this morning? Mr. Odio: Yes, you did, sir. Mr. Dawkins: Right, I asked you what kind of programs are we going to do this for, and you did not name anything in this category. Mr. Odio: According to Mr. Castaneda, they do meet that criteria. Mr. Dawkins: But, when I asked Mr. Castaneda this morning, if these were types of programs you were going to do, he told me, no. Mr. Odio: Well, we need to look at all the other projects you mentioned, Commissioner. Mr. Dawkins: I defer this. Mr. Odio: OK. Mr. Dawkins: I defer this until you all can come to me and name me the rest of them that you are going to do, and when you... Mrs. Kennedy: Let me just ask her something. What happens if you don't get the money? Ms. Pancoast: We... Mr. Dawkins: The same thing that happens to the park if they don't get the money, the same thing that happens to everything else with them, if they don't get the money, and my neighborhoods, which is Wynwood and the rest of them still don't get no money, Commissioner, so let's don't make no exceptions, - Commissioner. Mrs. Kennedy: OK, but let me hear it from Mrs. Pancoast. Mr. Dawkins: Commissioner, do me a favor, Commissioner. - Mrs. Kennedy: I am going to vote for your deferment.. Mr. Dawkins: OK, fine. Mayor Suarez: Let her ask a question. 133 November 13, 1986 Mrs. Kennedy: I am going to vote with you, I just want to know what happened. Ms. Fancoset: We w113 not be able to obtain a Certificate of Occupancy. The money that the City of Miami has a►lreedy Riven ue will be in fact., thrown out, because if wP don't have a Certificate of Occupancy, we cannot occupy, we cannot gain income, And the project_ will die, and you will hpve, in fact... Mayor Suarez:: Fell, the motion to defer could be for the aFcc:rd meeting in this month, Fo... Mr. Dawkins: Here we go again! See, you are reading my mind. You all want to tell me how long I cAn defer it. You see, other people come tip here and deter stuff, you never tell them, "We have got to hear it. next meeting." But, when I come, you want. to tell me when 1 want. to defer to. Ms. Pancoopt : Sir, one reason we went into Wynwood was because 1 tam a second generation... Mr. Dawkins: OK, yes, Ma'am, were you here last year? Were you here when we gave the first money? Ms. Pancoast: Yes, I was. Mr. Dawkins: Did you tell us that was what you needed? ... and we gave you that Now, you come up, you come back, you want tt, you are just like Ms. Virrick here, you come back again, and next year, you will be back again. Ms. Pancoast: No, sir, in this instance, the problem occurred because we had not factored in the Davis Bacon 30 percent increase, and the reason was... Mr. Dawkins: My only, I have no... Ms. Pancoast: Could I finish7 Mr. Dawkins: Yes, Ma'am. Ms. Pancoast: The reason was because, we had hoped to hire people directly from the community, the minority contractors, the small people who had come to us and bid on the job, and we used their bid, as a basis for asking for the monies that we asked for. It turned out because of Davis Bacon, we could not hire them, we had to pay union wages, and we went over our budget. All right now, we have the choice of either abandoning the project and leaving the bakery to be an empty drug house in the middle of Wynwood, or to go with what we had, try to raise the money, which we tried desperately to do, we raised $60,000 in -kind goods and materials. Now, if you are willing to let this project die, then it is going to be on your back that you let a project in Wynwood die. Mr. Dawkins: Well, it is dead. Mr. Plummer: I don't agree with that at all. Mr. Dawkins: Wait a minute, let me finishl Mr. Plummer: I have been with you, I am with you now, but don't come here with an implied threatt This Commission did what you asked to be told that they were going to put together a project, and we enthusiastically backed youl Now, you have run into other problems. I£ you want to put the monkey on someone's back, someone should have come back here and said, "Hey, we have got a problem, here is what has got to be done." Now, let me tell you the wise decision that you should make. This matter is going to be deferred, OK? Now, I would tell you that it is going to be deferred, but it is probably going to be passed. All Commissioner Dawkins is out asking for, is an outline where all the rest of the money is going if we give you yours. Now, if you push it ' today, you are going to lose, and I will vote against you, so I say to you, the wise decision is to thank you, it is nice to see you, and we will see you back on December llth. Ms. Pancoast: All right, could I invite Commissioner Dawkins, at his convenience to see the project, and see the neighborhood? 134 November 13, 1986 Mr. Dawkins: You Pee... Mr. Plutmer: No, he is Pcared to go into that neighborhoodl (LAUGHTER) Mr. Dawkins: No, you Pee my problem is not the PFk.ery Center, OK? I've got builders who went to build in overt.ok-n/r.*rk vest.. Don't nobody give a damn about that neighhorhood, 40K7 I've got. builders v-ho want to build in Park West., but every time you people come dov-n here for the Vhite urea, i.e., the downtown p€rk, 09, it floatF through, they find the money. Everything you all come down bprp for, you find the money, and somewhere along the line, everybody in here has got to reR317.e t.het Rs Miami goes, All of us go, see? So I want you to understand this is not personal with you, OR, because I am just waiting until the bankers come up here in a few minutes. You know, I am ready to take Pll of our money out of their hanks. Ms. Fancarst.: Good, I Fm with you on that. Mr. Dswkins: And I wish you would go for me. Ms. Pa.ncohst: listen, we went to ten banks before we got one who would fund us, and I know exactly whet they are going through. Mr. Dawkins: All right, yes, Ma'am, and you go to Citizens Against Crime, who always don't know nothing but fight policemen, and you go to that other group out there that... what are those people named who live downtown and can't vote for me, Miami... what kind of chamber? Not a one of them live in the City of Miami, that Greater Miami Chamberl Can't a one of them vote for me, and they don't never do nothing in the City. Tell them to give us some money! Marty Fine, call Marty Fine and tell him Miller Dawkins says they should find us some money. Ms. Pancoast: I will work with youl Mr. Dawkins: Well, thank you. Mayor Suarez: There is a motion to defer. Moved and seconded, call the roll on it. MOTION TO DEFER: UPON BEING DULY MOVED AND SECONDED, ITEM 76 WAS DEFERRED TO DECEMBER 11, 1986 MEETING BY the following vote: — -- REFRESEh*TATIVES OF FRATERNIDAD ACCION — -------------------------------------------------------- 50. GRANTING TTF :WAIVER TO PUERTORIQITFNA U. S.A7 rOR tiSF Or VATSON ISLAND, Mayor SMIrf7: AgpndF it Fir 77. Arr roprfefrtatives here, representatives of Frsternidfd Accirn Tugrtorig1+Fns, 1! A.7 Mr. Plummer: Nr4 much drFc it rFprPSFnt7 Mr. Odio: Thfy vent tha City to abfort? $10,000 in expenses, and eliminate the Mr. Flu_rwer: All they are asking here in front of me is a fee waiver. That is all thay arf aRkinP. ticv much is the fee waiver? Mr. Odio: l,ft them ask what they vant, because the fee... Mr. Plumaner: I can't deal with what I don't have in front of me. Mr. Odio: The total fee waiver, is $1,900. Mr. Plummer: Is how much? Mr. Odio: $1,900. Mr. Plummer: I move it. Mayor Suarez: Moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion, call the roll. The following motion was introduced by Commissioner Plutomer, who moved its adoption: MOTION NO. 86-936 A MOTION GRANTING REQUEST RECEIVED FROM REPRESENTATIVES OF THE FRATERNIDAD ACCION PUERTORIQUENA U.S.A.; FURTHER REQUESTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $1,900 TO COVER FEE WAIVER FOR THE USE OF WATSON ISLAND ON NOVEMBER 19-23, 1986, IN CONNECTION WITH SAID EVENT. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOBS: None. ABSENT: Commissioner Joe Carollo Commissioner Rosario Kennedy } Mayor Suarez: Very good presentation. Ms. Sadie Domenech: What happened? Mr. Plummer: You wonl Mayor Suarez: Your fee waiver is accepted. Mr. Dawkins: You got it. Mayor Suarez: I would not suggest adding anything to the discussion. It would not be a good idea. You never knowl In fact, don't come back today. Get in your car and leave as quickly as possiblel 136 November 13, 1986 Ei Eli 51. REFERRING CONSIDERATION OF REQUEST FOR ASSISTANCE TO NICARAGUANS TO CITY MANAGER. Mr. Dawkins: Maria. Ms. Maritza Herrera: My name is Maritza Herrera, I am the president of the Nicaraguan American Women's Civic Association, and I want to talk about the Nicaraguan problem here in the City of Miami. Since July, 1979 when the Sandanistes took power in Nicaragua, more than 500,000 Nicaraguans were displaced outside the country. Many went to Costa ]tics, Honduras, Guatemala, and approximrtely 175,000 to 150,000 came to the United States. Due to the special circumstances of t.hP City of Miami, A majority of the Nicaraguan community IF living here. We estimate not more than 70,000 are living in the Dade County area, and more than one/third in the City limits, especially in the area of Little Havana, Dom Bosco, Le Jeune, and Allapattah. Like the Cuban exiles, the Nicaraguans came in different stages. First, the people that belonged to the National Guard, high government officers and their families, other people that worked in the government offices; second, the professional businessmen that could not cc inue with their free enterprises, technicians, highly qualified workers, ano now, within the last three years, the common people that cannot live under a repressive government, are fleeing now the Sandanista persecution in ome cases, and also children alone who were sent by their parents to avoid the military service. Most of the people that are arriving in South Florida now are crossing the border, many detained by I.N.S., and then released on bonds, bonds that their friends and family have to pay. Actually, it is estimated that more than 300 persons cross the Mexican border every week, and most of them are relocated here in Miami. Since 1979, the Nicaraguans who applied for political asylum received their , along with employment authorization, that was renewed every six months and then indefinitely. But, the rule changed drastically since 1984 when the I.N.S. in Miami received the applications, just in few cases graaited employment authorization. These people have been surviving in the underground economics, due to the sympathetic attitude of the Hispanic community, but this attitude is changing due to new Immigration Reform and Control Act of 1986. The Nicaraguan American Women's Civic Association, with the support of other organizations, has been working for the last six months, advocating at the national level in order to obtain a bill that grants, extended voluntary departure, allowing Nicaraguans to stay in the United States legally and to receive work permits for a period of two years, until the political situation in Nicaragua changes. All of pur efforts gave us a victory of 199, 197 in the House of Representatives, but it was eliminated in the Congress because the Administration - to veto due the whole immigration bill. the Nicaraguan/Salvadorian provision was included. Do to the fact that they consider the majority of the Central Americans are economic refugees, we do not understand President Reagan's policies of supporting freedom fighters and on the other hand, the State Department denies the petition of thousands of Nicaraguan refugees who apply for political asylum. We found out that since 1979. through April, 1986, only 2,852 political asylu.as have been granted. This represents only nine percent of the total applications submitted. In a recent study released by the General Administration Office, it is a fact that the I.N.S. has treated refugees from Central America different than other groups from Europe. People that submitted public asylum requests under the fact that they had been tortured, to support their application, obtained the following results: 12 percent for Salvadorians, 15 percent for Nicaraguans, 80 percent for the Polish, and 54 percent for The new immigration bill includes legalization for those people who were illegal before January 1, 1982. This brought the list to a small percentage of the Nicaraguans, but we cannot forget the vast majority that came after this date. Mayor Suarez: Maritza, if I may interrupt you. We are pretty familiar with most of these things you are talking about. What is your basic request of the City? Mr. Plummer: For office space. Mr. Mayor, this has not been to the Manager. We don't have any idea what office space is available, or wherel 137 November 13, 1986 r Mrs. Kennedy: How much do you need, Maritza? Me. Herrera: About... we have about 15 volunteers that want to help to fill out the applicAtionF, And... Mr. FlummAr: I would move that this .tem, Mr. Mayor, be forwarded to the Manager, And )Pt him... tie has got to tell us if there is any space available, vhere it iF AvA53Able, how much is available, and in the area where it is needed, so I wculd AFy we vend it to the Manager, let him come back and recommend Ms. iierrerA: Hov long is thAt going to tAke? Mr. F3tunmer: We33, hp is not the fastest than in the world. It depends, if he wants+ to get money for Dawkins, it is forever, and if he wants to get money for the Mayor, it is about 20 minutest (LAUGHTER) Mrs. Kennedy: Wow, that is a low blow. Ms. Herrera: I know that everybody here... I know that everybody is familiar with this issue, but I didn't see anything, any action for the City of Miami before, and a lot of people, I don't know if you read this... Mr. Dawkins: Yes, we read it. Ms. Herrera: OK, and there is a... Mr. Plummer: Wait a minute, do you understand? We, the Commission, don't know where there is space available. We don't know if there is any at alll He is the span who would have to go and find out from the Property Manager if there is, and how much, and where, so we send it to him. Mr. Dawkins: OK, but I would like to find out from the Manager, every Sunday, across from me, the Nicaraguans play softball all day long, and I am beginning to think that is the only recreation they have. Ms. Herrera: This is part of our culture. Mr. Dawkins: Is there any way that we could waive the $25 fee that they have to put up to use that park, because, I mean I... Mr. Odio: If you waive it for everybody else! Mr. Dawkins: OK, I would like to move that we waive... it just a $25 fee, and they only... Mr. Plummer: Excuse me, before you do that, I know in some of these parks, Mr. Dawkins, that is paid to a private individual, who comes there and does the work so that we don't have to use the City employees, so that is the only thing that he is going to come there for, I'm scared you are not going to get him to come there for free! Mr. Dawkins: No, we're not. Me. Herrera: But, I am not dealing with the issue of baseball, a fee for... Mr. Plummer: No, I understand. Ms. Herrera: Just let me tell you something. There are thousands of Nicaraguans outside. They have just been fired because they don't have the proper papers, and they have been thrown to the streets, and these people are sure that, if we don't take an action in this moment... those people in the headlines of the news, telling the Nicaraguans are in the drugs, that the women have been prostitutes, about a situation that we can stop right now, if we don't find help from the City, who else is going to help us? And this is the first time, that we, the Nicaraguans come to this City. Mr. Dawkins: You are going to get help, but we have got to find out how... we don't want to tell you, yes, and give you space that you can't use, and we don't want to tell you, yes, and give you too much space, so what Commissioner Plummer is suggesting is that we give this to the Manager and let the Manager t` come back and tell us that there are 2,000 square feet here, 4,000 square feet `= there, 3,000 over here, which of it can you use, that is all he is saying. 138 November 13, 1986 Mrs. Kennedy: So we will try to help you, Maritze. Mr. Dawkins: Now I don't know... since it is an urgency, if Commissioner Kennedy wants to move to bring it back for the next meeting, I have no problem with seconding. Mrs. Kennedy: Fes, I would love to do that. Mr. Plummer: That'¢ fine. Ms. Herrera: Vhen Is the next meeting? Mr. Plummer: 23rd. Mr. Odio: 25th, Ms. Herrera: This month? Mr. Odio: November 25th. Mr. Plummer: Vhere is our calendars? Mr. Odio: It is coming by express mail. Mr. Dawkins: They are waiting to put up a digital up there, J.L. We have got put up a digital. Mr. Plummer: Digit? Mayor Suarez: Yes, a fan— computer calendar, instead of the nice old one we used to have. OK, we have a motion to send it to the City Manager, get a report back by the next meeting, if it is the 23rd, or 25th, we will be sure and let you know, Maritza. So moved and seconded. Any discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-937 A MOTION REFERRING TO THE CITY MANAGER A REQUEST MADE BY MARITZA HERRERA SEEKING ASSISTANCE FOR NICARAGUANS; — FURTHER REQUESTING THE CITY MANAGER TO STUDY THIS REQUEST AND TO COME BACK WITH A RECOMMENDATIGA AT THE NEXT COMMISSION MEETING. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. 52. DISCUSSION: POST OFFICE PLAZA PROJECT. Mr. Dawkins: Here comer the biggy! Mayor Suarez.: Item 79. Mr. Plummer- Go over to Coconut Grove Bank, they will give you a free calendar you can put up there. Mr. Dawkins: You mean to tell me Plummer Funeral Home does not put up free calenders7 Mr. Plummer: No, we do, but mine are religious, and you would have a heart attack. Mr. Dawkins: Hey, Bob, how are you doing? Yes, they gave me one this morning, yes I already have one. Mr. Robert H. Treuri.g: Mr. Mayor, on item 79, may I address the Commission? Mayor Suarez: Please, Counselor. Mr. Traurig: For the record, Robert H. Traurig, 1401 Brickell Avenue. I am here representing the proponent, seeking a reconsideration by this Commission, of the action that you took on January 23, 1986. You will recall that at your last Commission meeting, this matter was presented to you, and you wanted to defer action until such time as you have seen the comparison between plan one and plan two. My understand is that. Mr. Fineberg and Mr. Moore have shown those comparative plans, and I have now given to you a sheet reflecting the comparative statistics. Based upon that, I would, I think, seek your conclusion that there has been a substantial reduction in height, in intensity of development and all of the other attributes of development, and that we therefore urge that you permit this to be re -presented to you in due course, after due process, with notice to all the abutting property owners, so that the substantive issues can be considered by you objectively. Our whole objective in coming to you today, is merely to seek your approval of the motion for reconsideration, so that this matter can then be presented to you in the normal procedure. Mayor Suarez: Bob, in looking at the last line on the variances required, you have eliminated two of the prior requirements. I remember there were three. Mr. Traurig: But, we still need the special exception. Mayor Suarez: Oh, I am sorry, the special exception, which is four...? Mr. Plummer: But that is not a variance. Mr. Traurig: Yes, that is the only reason we would be before you, special exception to permit the parking within the RS-2/2 zone. Mayor Suarez: And how many floors of parking would this be, now? Mr. Traurig: There would be four floors of parking. Mayor Suarez: That has now been reduced from the... Mr. Traurig: From five to four. Mayor Suarez: From five to four? Mr. Traurig: Excuse me, three floors of parking. Mayor Suarez: Three floors, above ground, none underground? Mr. Traurig: Correct. 140 November 19, 1980 !Mayor Suarez: One underground, and two above, well, that is a.... OK, that answers my question, Mir. Plummer: ),et me... there is one here that doesn't make sense, loading bays, reavired tinder the modified plan is six, provided is six. Mr. Traurig: TF9, fir. Initially, based on the size of the project, we needed eight, ve vFre providing four. We now only need six, and we are providing siX, Mr. Flummer: And the difference, the reduction? Oh, I see, you are still minus two, oy... Frovide four... (INAUDIBLE FACKGROUND COHMENTS) Mr. Plumper: Excuse me? Mayor Suarez: We can't reflect that on the record if you don't get up to the mike. Mr. Plummer: Come up to the microphone. I can't hear you, it is confusing to me. Mr. Traurig: This is Mr. Moore, but I would say to you, that we needed eight, we only provided six, so we needed a variance of two. We have... excuse me, we needed eight, we provided four, now we need six, and we are providing six. Mr. Plummer: So you have reduced it by two. Mr. Traurig: We have reduced the requirement by two, and we have increased... Mr. Plummer: What is in the parentheses, two? Mr. Traurig: That is the increase in the number of bays from the original four to the new six. Mayor Suarez: Before there was eight required, and you had four. Now there are six required and you have six. Mr. Traurig: Correct. Mayor Suarez: So, you have met that requirement. Mr. Plummer: In parentheses usually means minus. Mr. Traurig: That is right, it is a minus two reduction, which is a plus two addition. Mayor Suarez: You are now required six, you are providing six. Don't worry about the minuses and the pluses, please! Mr. Traurig: Yes, sir. We are not seeking any variances from any of the City of Miami zoning regulations. We are merely seeking the special exceptions. Mr. Plummer: And the special exception, under the SPI-2, kicks in whether or not you have ten parking spaces, or 1,000. Mr. Traurig: That is correct, and whether or not it is at grade, or in a structure. Mr. Plummer: So, the only thing that you are here on is, in effect, the parking situation as related to the SPI requirement. Mr. Traurig: Yes, sir. Mr. Plummer: Then there are no requirements... no variances. Mr. Traurig: The parking situation within the RS-2/2 zone, to service the SPI-2 zone, yes. Mayor Suarez: We have people, I am sure, who would like to be heard in opposition to our reconsidering the merits of this. John? 141 November 13, 1986 . Mr. John Green: My name is John Green, I live et 3158 Florida Avenue. I don't want to discuss the building, because I don't think it is a pert of the reconsideration RituPtion. This IF just the ides of whether or not there should be enx reccnsic'era4ion, rn matter what hpppenF to the building. I believe t.hpre 'IF t tRrm in the pidiciFl, Pnd wE eprrF harp on Fn pppepl, and you mPde, I believe, P ii,dic_ixl epciFion. and I bFlievp that is celled res judicatt, which me -ens, ),oy Fnmething to rest. ZindFr the 7rnin& Saw, under the ordinance, there is P rest period of cnp yo,;r After P decision is made, end I think thpt that IF the was• it Fhc-136 be done no rrft.tpr what. the developer is doing. As to the parking behind it, we Pre Ftill against that. we see that he bps mPde no change to that, no Fignificrnt change to t.hpt, Fo we Are still against it.. I have here, end would Iike to Fnter into the record of the meeting, a peti.tior from ell of the original petitioners in the appeal before the Commission, Fig.ned by every one of them again, no change. A copy of this was given to every Commissioner this week. I have P letter from the president of the Coconut Grove iiomeovners and ?enantF Association, which has been delivered to all of your offices. I won't go over whpt it Fpid. It was made available to you. In the letter from the Coconut Grove Civic Club, with an attachment, which I think is a very important document, a letter from Huber Parsons, Jr. on the subject of reconsideration, why it should not be reconsidered, {+'here he flays at the beginning of that letter... this is a letter that was delivered to all of the Commissioners on April 10, 1986, by hand. Mr. Plummer: April loth? Mr. Green: April loth, 1986, by hand, at one of the other... prior to one of the other meetings, where reconsideration was on the agenda, and it says: "I write to urge you to vote against the reconsideration of Post Office Plaza, whether or not, on appropriate reapplication, you ultimately determine that the same, as materially scaled down, is, or is not, in the public interest." That's Huber. But, it is a lengthy letter, and because of this letter, I believe there was an ordinance introduced at the last meeting by Miller Dawkins, which passed on first reading at the last meeting, which would eliminate... which would restrict reconsideration to the next regularly scheduled Commission meeting, and it was passed by four of the Commissioners, one was absent; and I believe it is obvious that this particular ordinance is a direct result of what has happened with Post Office Plaza so far, and what has happened. Since we went to the Zoning Board on December 16th, where it was approved, the neighbors appealed the decision of the Zoning Board, and we were at a meeting of the Commission on January 23rd. It was deferred because of time. The decision was made to deny the applications at the meeting of February 27th. Since that time, on the agenda of this Commission has been the subject of reconsideration on March 27th, April loth, July 24th, October 7th, and October 23rd, and here we are again. This is harassment, and it is special consideration for the applicant. All we asking is that you abide by the rules that were set up by the City, and we will abide by them also. So, we request that the integrity of the zoning law be upheld and that the applicant be made to wait the appropriate time that is required under the ordinance. Thank you very much. Mayor Suarez: Thank you John, I am dying to hear what Sergio says about all this. What does the Planning Department recommend? Mr. Sergio Rodriguez: Here we go again) This is not a zoning case that is before you. What is before you, as you know, is a reconsideration, and I think in the last Commission meeting, if my memory doesn't fail me, you decided to delay to this meeting, at which time you will have been contacted by the property owner, the applicant, and he will show to you the changes that he has proposed, and based on that information, you will make a decision. Mr. Plummer: Let me ask you a question as I asked you before. Has he showed them to you? Mr. Rodriguez: They brought it to me on August 12th. I don't know if they are talking about the same thing now, because I haven't seen anything since that time. 142 November 13, 1986 Mayor Suarez: You ere not able to answer the hypothetical Question - if in fact, we were here on the merits, and not on the reconsideration, whether you would recommend it7 Mr. Rodriguez: I hpven`t reariewed that plpn, so I cannot give you pn Fnswer on that until I rev3ev- it. Fir. Mr. Plummer. M'pll, no, I don`t think that is replly the OuF5!t3on of. today. The question of today is, do vp reconsider this in December? - or make them wait to rebruery, or Tpnupry, v-hatevc-r the date is; pnd I think what the Commission mpde a deciFion on Ft, the lest meeting, vFs there a Fignificant difference in the propoFPl, now, as opposed to that which Ve, heard? I am asking you if you hpvE Fsen the proposal, Is it p significFnt difference, in your estimation, pnd that would make my decision as to whether it warrants a reconsideration. Now, you know, I am not the expert, but they showing here a total. reduction of 25,000 square feet. Mr. Rodriguez: Hour much? Mr. Plummer: 25,063 square feet. Mr. Rodriguez: Out of how many? Mr. Plummer: Out of 160,000, they are reducing it to 135,000, to round numbers. Mr. Rodriguez: I don't have a copy of that, that is why I am asking you. Mr. Plummer: Bob, why didn't you give him a copy? Mr. Traurig: I gave a copy to the Manager, when I distributed them. Mr. Rodriguez: Well, based on what I am reading here, which is what you have in front of you, I guess, there is a reduction of more than 10 percent in the total gross area, and there is a reduction on the number of parking spaces, which is about 20 percent, I guess, and it seems that they have provided the number of parking... floating base, which are required, as compared to the variance they had before. Mayor Suarez: There is no light plane intrusion? Mr. Rodriguez: Pardon? Mayor Suarez: There is no light plane intrusion? Mr. Rodriguez: I don't see any reference to the light plane, but I must... well, they are saying there are none anymore, right. I haven't seen the... Mr. Plummer: But not requiring a variance. Mayor Suarez: You can't verify that? Mr. Rodriguez: Right, I cannot verify that, and it looks like they have reduced the F.A.R. from 2.16 to 1.82, so there is a reduction of approximately 15 percent, so that is the change. Mrs. Kennedy: So I guess the question is, in your estimation, is this a considerable change? Mr. Rodriguez: It depends on what you mean by considerable, but I guess there is a change in that proposal, which is different from the one before, and I think it is not a zoning case, which before you, it is a matter of a decision from you on whether you want to reconsider your vote or not. Mr. Plummer: Let me ask you a question. If the Commission doesn't give this ' waiver, they come back up in what, January? Mr. Rodriguez: February 26th, and hold on a second... February 27th of 1987. So, you are talking now, at this point, if you set up a hearing, the earliest you can have a hearing would be December llth, because of the advertisement that you have to follow through, so you are talking about advancing this two months. 143 November 13, 1986 Mr. Plummer: I don't see that there is any question in my mind, that they are definitely going to refile, or you know, pursue iti There is no question in my mind about that, and it is ,just a matter, do we have it in December, do we have it in rebruary, that is all! Mr. Podr5guF7: T think yo:.a are right.. Mr. Flammer: What, are you Fhaking your head, no, for? Mr. Green: The difference iF, if they have to wait until February 27th, rather then the Commission reconfidering, they have to go through the zoning process aRRin. Mr. Plummer: well, vhat does that accomplish? Mr. Green: What it accomplishes iF that your administrators have a chance to actually go over the plans with a fine tooth. Mr. Plummer: Oh, no, no, our administrators are going to go over it, there is no question about that. There is no question about that, because if I make a motion, which I am proned to do right now, to hear it in December, it is going to be based on absolutely no variances, OY.7 Now, I went to make also one other thing on the record clear. There, in my estimation, is a significant difference. One of the aignifica.nt differences, I don't know that I like, and you know I voted for the project in its entirety in its inception... I don't like the idea of the reduction of the parking spaces, I want to tell. you that, and that might be a key factor when I vote on the issue itself. Now, as far as I am concerned, I don't want to drag out my December meeting, but I don't think it is out of line, and I would so move that this Commission grant the waiver of concession based on this fact sheet, which we have in front of us... excuse me? Based on this, and that the application would contain .asolutely no variances. The only issue being spoke to is the special exception as it relates to parking, no variances, none!... and I would so move. Mrs. Dougherty: If they reapply, yes. Mr. Plummer: Excuse me? Excuse me, for the record also, let me make it very clear that that in no way this precludes this absolute entire application going back before the Planning Department, and their coming back and recommending to us. What was your recommendation in the first place, for, or against? Deny? OK. That is my motion. Awful lot of silence up here. Mayor Suarez: I'll have to say that I am not going to second it. I have to say that you are awfully close to something that would be acceptable, and as I stated before, I would like to, at the time that this is considered, if and when it is, I would like to hear from the Ti,_rtail Association and from our Planning Department. From my own judgment, it looks like you have come awfully close to something that I would approve at the appropriate time, but I believe in the integrity of the process, and I want to maintain It. We are in the midst of preparing an ordinance to clarify it further, and so I think we... I will not second the motion to reconsider. Mr. Plummer: Ask three times) Xavier, ask three times if there is a second. Mr. Carollo: OK, there is a motion right now on the floor. Mayor Suarez: There is a motion to reconsider. Mr. Dawkins: J. L. made a motion to reconsider. Mr. Carollo: OK, I second that motion. Mayor Suarez: Seconded. Mr. Plummer: OK, there are people that want to speak, Mr. Mayor. Ms. Esther Mae Armbrister: My name is Esther Mae Armbrister, and I live at 3350 Charles Avenue in Coconut Grove. I don't know whether you are not being paid enough money to take some time and come out to the area and see what is happening yourself, or just taking somebody's word for it. Now, if you were to accept this parking lot that they intend to build, I don't know whether you 144 November 13, 1986 have taken into consider#tion the building that is now being built on Commodore, which has elreedy built 14 parking spaces, #nd those cars are going to come out into the FlFcy ere# on Thomas Avenue end Williams Avenue. You are planning, the Off-Stre#t FArYinp is plfnninp to put in a parking lot at the Coconut Grove Flayh^Ftse. I Trent with tJr. Mp)vin# and Recp,iinrE Thompkin, who is our city err-e)cper, #nd the v#y they have #rranped to have these cars coming out into the Area. They'll be coming out on Thomas Avenue and Williams Avenue and Charles Avenue. Nov, they're not going to come out on Charles Avenue. I'm looking at the back streets. Charles Avenue is just 25 feet wide. Mr. Plummer: But now, wait a minute, you're speaking to a different project. Ms. Armbrister: I am talking about all this trans ... all this parking lots that you ... all these parking lots that you're planning to build, including his. I don't know... Mr. Plummer: No, this one... Ms. Armbrister: Wait a minute. Excuse me. Excuse me. His parking... those cars are coming out somewhere. And then you have other cars coming out where you've already allowed the people to build in. They're coming out on Thomas Avenue, back to Margaret, and back on Grand Avenue, and wherever they're going to go, but it is going to be a congested mess. Now, before all these parking lots that yoo plan to build, including his, definitely including his, somebody needs to come out and see what is happening. This is terrible. This really is terrible. I don't know whether you are aware of the condition, but to have all this parking... these cars coming out into the Black area, because that's where they're going to come out. I don't care what he says, or what happens, this is where the cars will be coming out. Now, somebody - somebody needs to be given some more money; salary needs to be hiked, or new increase or whatever, and take a little time and come out, and I will gladly...I will walk with you before the first of December. I will walk with my cane, or walk with you, to see what is happening in Coconut Grove. You know, you act like you don't give a doggone what happens in Coconut Grove. This is the way you are acting as far as I'm concerned. And not only that you're planning to do, the City - the City of Miami - already got rumors out where they're going to increase the parking on Bird Park. See, all these cars you all got going all kind of ways into the Black area, somebody has got to take time and come out and see. We don't - we try to be intelligent. We do not riot in Coconut Grove. We try to sit down and talk with you intelligently. But seems, like it isn't working. It isn't working. I'd like to know where the cars are going. Somebody answer that for me, please. Mr. Plummer: To answer your question, in this particular proposal, they're going on 32nd Avenue. Ms. Armbrister: And where else besides 32nd Avenue and besides down Florida Avenue? That's where they're going - you know that, now, come on. You know that's where they're going. Mr. Plummer: You asked me where they were going to empty onto, and the answer is, 32nd Avenue, according to the renderings which I saw. Ms. Armbrister: And not on Florida Avenue? Mr. Plummer: No, ma'am. The exits and entrances for the parking structure are on McDonald. Ms. Armbrister: That is what you're seeing. This is what you are going to see that's going to happen? That's what I'm asking you, that's all. Mr. Plummer: We can hold their feet to the fire on that. Ms. Armbrister: OK, now, if you were to allow that Murphy - what's his name? . Eddie Murphy - to build a nightclub where he has proposed on Grand Avenue, where would you have parking for them? Mr. Plummer: That's his problem. Ms. Armbrister: All this stuff is emptied over to... into the Black area. 145 November 13, 1986 } Mr. Plummer: That's his problem. Ms. Armbrister: No, it's going to be your problem, because they're going to be right back do" here to promote it. Mr. Plummer: Ke can't- get a permit to serve liquor without X number of parking sppces. Ms. Armbrister: 7hrre'a no other parking space. And I know very well... Mr. Plummer: 'Then he won't get his permit to serve liquor. Ms. Armbrister: Well, OK, now you are talking... Mr. Plummer: If he can't serve liquor, he ain't going to stay in business long. Ms. Armbrister: All right. Now, there are some proposals about acquiring some property on ... the people's home on Thomas Avenue, for rerouting traffic over to Grand Avenue. Now, what are you going to do about that? You are just messing up ... you are... somebody, Mr. Dawkins - Commissioner Dawkins - somebody, or you, Mr. Plummer, I've seen you riding around in your limousine, going to Overtown. (Laughter) Yes, I saw you on TV, where you went in a crack house, and I saw you out here in Coconut Grove on Elizabeth. Street one morning, I was on my way from the doctor's office. I saw you. Mr. Plummer: You saw me on those streets every day of the week,... Ms. Armbrister: No, I didn't see.... Mr. Plummer: ...but not in a limousine. Ms. Armbrister: Well, you were with the police, and you were doing a breakup or crackdown, or whatever you call it, on a crack house,... Mr. Plummer: That's also correct. Ms. Armbrister: I saw you. OK, so, now, will you take a little time with me and some other people interested in Coconut Grove, and Commissioner Dawkins; I mean who really got Coconut Grove at heart. We're having a lot of problems out there, and you're simply ignoring us. And I don't have much time to argue with you, but I'm not kidding. We need some attention, without it being violent attention. I think I'm a peaceable person. Mr. Plummer: I hope you stay that way. Ms. Armbrister: I don't have much longer to stay like this, because you're really trying my }patience. Really. You're trying all of our patience in the — Grove. I'm not kidding. This is serious business. What are your plans? Mr. Plummer: Essie, understanding what we are doing here,... Ms. Armbrister: I'm trying hard. Mr. Plummer: OK. Understand what we're doing here today. We are not arguing the project or not arguing the project. We're arguing whether this project is going to come up in December or in February. That's what we're talking about today. Your arguments will hold true on December llth, if that's when it '— comes up, or on February 23rd or whatever. Your arguments will be very strong at that time, I'm sure. But today, the only thing under consideration is to allow them, based on a r suction of the structure, to go before a hearing on the December meeting or the February meeting. That's the only difference we're talking about today. Me. Armbrister: Because the rent's supposed to come back after a year's time - that's what everybody else has been going by. They're supposed to C bring it back after a year, but here they been jig -jag -jigging all along on the dates. You know, I've been trying to keep up with those people. r Mr. Plummer: That's right. But it's basically that what you find is, when they come back in a year, they come back with exactly the same project. This a` 146 Novomber 13, 1986 project here her been reduced, as outlined here on this sheet. I think, you knots, if nothing mnTft, vbpt you've accomplished in your first fight, when this project Yes denied, roil here brought About p great number of reductions, and I'm not spying thpt your fight in Pecrmber or iebrupry won't, bring About more , reductions. Put t hp question before us tocipy is, do Ive hear it in Pecember or do we hwpr it. in iphr4.apry. 7hpt's reply the difference. Ms. ArrrbristFr: And t.het is going to be in black And white, and you're going to stead by it, t.hpt they ere not going to come out no other way except on 32nd Avenue? Mr. Plummer: I would have absolutely no problem with that at all. Ms. Armbrister: Well, what about the rest of them? Mr. Plummer: They can speak for themselves. Ms. Armbrister: Commissioners And Mayor? Dawkins? Mayor? Mayor Suarez: I've Rtsted that I'm not going to vote in favor of reconsidering it at this point in any event, so you don't have to worry about my vote on that ecore. Mr. Plummer: See, Essaie, when y— want that, you're going to want that on the meeting when the actual application is heard. Ms. Armbrister: See, you sneak something... Mr. Plummer: I give...look, I can only speak for one. Ms. Armbrister: I know, but, see... Mr. Plummer: I give you my word that traffic's going to go in and out on McDonald. I can't do any more than that. The reason for it is, it makes sense. Mayor Suarez: Does anyone else wish to be heard? Thelma, I had a feeling... Ms. Armbrister: I'll be right back down here to see what you're doing. I'm not kidding, because all this traffic cannot come into the Black area. It simply can't do it. Thank you. Mayor Suarez: Thank you. Ms. Thelma Altshuler: Hi. I'm Thelma Altshuler, from 3100 Jefferson Street, president of the Tigertail Association, and I want to address a question to Mr. Dawkins, please. The ordinance which will be heard, which will have its second hearing on the Tuesday before Thanksgiving - would that affect this reconsideration, or does that have to do just with the reconsideration of something exactly as it was proposed the first time? Mr. Dawkins: It would not be retroactive. It would be from the day that we pass it, which will be on the 25th. So this would be grandfathered in, in that it was started prior to the 25th. Me. Altshuler: OK, so then this simply means that even though it was denied, now, with changes, it can be reintroduced? Mr. Dawkins: If...if... Mr. Plummer: What you're speaking to —well, you asked Dawkins. Mr. Dawkins: Go ahead. Go ahead, Commissioner. Mr. Plummer: What you're speaking to is the ordinance proposed, that if anything is to be reconsidered, it must be reconsidered within one meeting after it is decided. OK? That's the new proposed ordinance. You can't go 5` and reconsider it a month, three months, six months later. Ms. Altshuler: See, it's really nerve-wracking for us, because you don't come to any closure on anything. It would be like a builder saying, as the concrete is pouring on the floor, having somebody say, "Maybe you'd be better 147 November 13, 1986 If that wa.e a. wood floor.' See, we don't ... I get nervour, because I think there's been a little kit of a victory, and then I find out that we get these emergency phone cellR, and we're trying to ... we're on the griddle all the time, co, I rer137R this is not the place to discuss... Mr. Dawkins: Yes, it 3F. Ms. Altshuler: ...the validity... Mr. Daykinr: Ter, it is. Ms. Altshuler: ...of this proposal, but it seems to me that this is the place to diFcuFB whether what the Commission agrees to can be believed. And I get the feeling that therF'F nothing certain about it. You know, we get these phone callfi, end the developer sPys, 'Could you fiend somebody down, we've taken off a Ftory,' or 'k'e've moved a plant,' or 'We're having romp cars come out the other way,' - what. are we really agreeing to when we come to these meetingR7 See, that'F whet I don't understand. It looks as if you've got nothing firm. Mayor Suarez: Well, that's why we're putting into effect that ordinance, but we still have to decide as to this matter. ' Mr. Dawkins: No. No, no. Ms. Altshuler: So this becomes really something terribly special that gets rushed in before the ordinance. Mayor Suarez: Well, we don't know that yet. Mr. Plummer: No. Mayor Suarez: We don't know that. Mr. Dawkins: If it gets the votes, it will. Mr. Plummer: Depends on how the vote goes today, and then on how it would go in December. Ms. Altshuler: OK. I will wait with interest. Mr. Plummer: Let me state ... let me clarify my motion, if I may, since it's permissive. My motion to reconsider is based on the fact, as I indicated, there were no variances in any way, shape, or form, that it would have a full review and recommendation by the department, and that all ingress and egress would be on McDonald Avenue. That's part of the motion. (INAUDIBLE BACKGROUND COMMENT) Mr. Plummer: Excuse met (INAUDIBLE BACKGROUND COMMENT) Mayor Suarez: Automobiles, and... Mr. Plummer: Oh, I'm sorry, vehicular, yes, that's what she addressed, not pedestrian. Me. Barbara Ladyga: My name is Barbara Ladyga. I live at 3160 Florida Avenue, and I would just like to make one comment regarding the fact that we E feel, the majority of the homeowners on Florida Avenue, that, but directly up to this project, that a planning study should be done, basically, before any - decision is given on Post Office Plaza. A planning study should be done on Florida Avenue, because it is directly affected by this type of building, or project, especially the garage on the street. We would hope that that would . be done in conjunction with this type of project, because without it, it doesn't seen like it's a sufficient study for you to make a decision on, because we are the area that is directly involved in this. The Commission has already directed the Planning Department to do a planning study for the central Grove, and we would just like it to extend on to Florida Avenue, that a study is done before any approval is given on Post Office Plaza. 148 November 13, 1986 1 a Mr. Plummer : Fe)), let me say for the record, I used your statement, and I got corrected very Quickly, that i.t is not the majority of the homeowners on Florida Averri:r reque€tine thin; thet it is a few. Me. LpdygA: uThot eo you coneidpr A maiority? Mr. Plummer: Vol), P mkiority it uoruaily 50 percent plus one. OK? And when I made this rtatemRrt to M>r. Green, ter. Green said "No ray." ( INAUDIBLE FACVC-FOUND COMtITY, 7 ) Mr. Plummer: I RAid A ''majority." Ms. LadyFs: Ve ere the majority. (INAUDIBLE BACKGROUND COMMENT) Ms. Lsdyge: We Are the mAjor.cy of the people... Mr. Plummer: Oh, OK, all right. Then.. (INAUDIBLE BACKGROUND COMMENT) Ms. Ladyga: But we're still... Mr. Plummer: OK, OK. Ms. Ladyga: And that, I think, is something that you should consider, because we are the people. Not , you know, the people living on Tigertail, cozy neighborhoods, and living in north Grove, without any, you know, anything that we're experiencing. Those people that are on those petitions, that's the people that are signing those petitions. We are the people that live with this, and I think that that is something that - I don't see how you can make a decision on a project like this without us being studied. Thank you. Mr. John Green: Can I just add that the majority of people have signed the petition asking for a study. I believe that the reason for this is because they're scared out of their minds that they won't be able to live there after this parking structure is put there. That's what I believe. I wouldn't sign that, though. Ms. Grady Dinkins: My name is Grady Dinkins, and I live at 3201 Florida Avenue. I'm really concerned about the parking. I object having the parking garage built on Florida Avenue. And I think someone has already invited you to come and walk through that area. I wrote you a letter; I hope that you will reread it, or you will read it, if you haven't read it, concerning the corner of Florida Avenue and McDonald, where the loading docks were going to be placed, the entrance to the Post Office will also be placed. These are —the Post Office and the loading docks will be right in front of my door. Now, on this corner, the City Commissioners allowed a developer to build Rainbow Plaza there on the opposite side, about four years ago. And, of course, the developer decides now that he's not going to do it. He's using that center for construction materials. And, of course, it's a very dusty, polluted area, and it's a very ugly area, and I'm sure you wouldn't want it in your community, where you live, and it's unfair. And, you know, we live down there. We are the taxpayers. We're not tenants. We have some say about what goes on in our neighborhood as well. And I want to say about making a study: I don't th....:...I mean, I'm not against you making a study. It doesn't matter with me. I did not sign to make a study. But I do live on Florida Avenue, and I've lived there almost 30 years, and at the same house. And, so, I think that I'm very much involved in this project. And I'm very much choked in right now, and I really resent having what I have in front of my door, and every time I walk out, with all of these trucks and tractors, and there's so much noise. And you're afraid to even walk out there now, because they run all over the sidewalks. And then again, the theaters, when Mr. Fine gets hit theaters going, you can hear the one we have there now, until three o'clock in the morning, with all that loud music, and those loudspeakers. And so, now, when he puts his three in there, what will we not have? - and all of the horn blowers, and the glaring lights coming from that parking lot at night. And I just think it's the most ridiculous thing I ever heard of in my life. It's just wrong, and unfair. And that's just the way I feel about it. I 149 November 13, 1986 Mayor Suarez: Thank you. Mr. Lee Goldsmith: My name is Lee Goldsmith. I live at 3124 Florida Avenue. I'd like to ask the Gormrission to reconsider its reconsideration, based on one point. The main fustification that Mr. Fine gave you for allowing the garage to be built rn Florida A,venuP, was the fact that some businesses already exist on Florida Al' ylE3a. Vell. that'F qtfite true; I have orIF Of them. I run a small buFineFF rvt of rry homa, which co-)FiFts of a dFsk in the corner of one of the badrerm,cI ar•d a two -drawer filing cabinet ir, F closet. I know that this ifi the le.*el of business of Fame of t�P ether homrs, 1-ot we live in these homes. ThPse ara ccrr homes. I diout-t very much if ►4r. Fine is planning to live in the ga.rape building hF wFnts to build. There are small businesses being operated, IFgally, otit of homes Fll over Miami, fill over the country, by the millions. For him to come before you, Fnd say that because these are some businesseF operating in Fame homes on Miami Avenue, therefore that makes it a cotnrtserciai street, therefore he Fhould be allowed to build a four-story concrete garage on a street that is nothing but homes, Jr- ridiculous. And I ask you to please not allow hire, whether you vote to reconsider in December, or February, or not St. all, his jufitification for building, for invading, what is a residential Ftreet, no matter what he tells you to the contrary, is not justified. Thank you. Mayor Suarez: OY. 170 They want a study. Ms. Ladyga: I'm sorry to take any more time, but I'd just like to clarify something. The people that signed the petition on the street are not doing it out of fear of Post Office Plaza. We are doing it because we believe that the neighborhood, whether or not Post Office Plaza is approved or not, needs a study done, and we are interested in rezoning in the future. We'd like to know, are we going to get that study done or not? Is that something that can be answered, or is that something that we have to go through another process to find out? Mayor Suarez: Well, I'm not sure that the question of a study has any direct relevance on what we're doing now. Me. Ladyga: So we just deal with that at a later date. Mr. Plummer: Separate issue. Mayor Suarez: Yeah. You can always ask for a study. You can always... Ms. Ladyga: But I wanted to clarify what I'm saying, that that is the... Mayor Suarez: Right. Mr. Dawkins: No, ma'am. I think I need to clarify, just like I told you in my office. I'm not voting for no study. So this is one vote you don't have for a study. You know, since you want a direct answer, I'm going to give you one. I'm not voting for no study. That's Miller Dawkins. Mr. Plummer: Well, I think your videotapes, when you were here before, demonstrated exactly what you meant. It wasn't the fear of Post Office Plaza; it's over the period of years, already, today, that area has changed. Ms. Ladyga: That, you know, that something should be recommended for that. Thank you. Mayor Suarez: Thank you. Final comment? Mr. Robert Traurig: Yes, just very briefly. We think this is a very limited issue on the question of reconsideration. We purposely haven't discussed the substantive issues. We don't think that they're pertinent today. We do think that we have demonstrated to you that we have qualified for reconsideration. We understand the caveats enumerated by Mr. Plummer. We would ask that you permit us to make this presentation, so that you can make your decision on December 11, and we will make our substantive presentation at that time. Thank you very much. Mayor Suarez: Thank you. We have a motion and a second. Any discussion, further discussion? Call the roll on the motion to reconsider. 150 November 13, 1986 Thereupon the motion made by Commissioner Plummer, seconded by Commissioner Carollo, failed to pass by the following vote: AYES: Commissioner Joe Carollo Commippionpr J. L. Plummer., Jr. NOES: Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez ON ROLL CALL: Mrs. Kennedy: I have to commend the architect for scaling down the project, but I'm going to vote to have the due process. Mr. Plummer: See you in February. I'm sure. ------------------------------------------------ ----------------------------- 53. POLICE ACTIVITY IN COCONUT GROVE ON WEEKENDS. ------------------------------------------------------------------------------- Mayor Suarez: Item 80, was my request for clarification of policies in the Grove at nights as to what we had read in the newspapers, and I have an answer that just came in, and therefore I'm going to withdraw it until I've had a chance to digest this and absorb it, and re... Mr. Dawkins: Which one is that, Mr. Mayor? Mayor Suarez: That was Item 80. Mr. Dawkins: Eighty? — Mayor Suarez: Right. I would ... has this been made available, Mr. City Manager, to everybody? Mr. Odio: Yes, sir. Mayor Suarez: As long as you're here, let me just clarify one point. Mr. Odio: You got it in your office, Commissioner. Mr. Plummer: Oh, it's in my office? OK. Mayor Suarez: Some people have told me - themselves, not as hearsay or anything like that - to themselves this happened. A police officer walking down the sidewalk literally pushing people off the sidewalk, and saying, "Out of my way." Now, you're going to instruct your officers to respect the right of people to be on the sidewalk, whether we like them to be there in the numbers that they're there or not, and respect the right of people to drive around the neighborhood? There is no law against cruising, is there? Mr. Doug Rice: None. Mayor Suarez: OK. But I am going to keep looking at this more carefully and make sure that... and I'm going to try to go out there myself on a Friday or Saturday night. I haven't done it in a while. Mr. Odio: But since you mentioned the word "cruising," Mr. Mayor,... Mayor Suarez: Yeah. Mr. Odio: ...it was unfair, in the press, to point out that we were arresting the kids that were cruising. And if you look at the arrests, you'd find out { what happened. There were a lot of adults that were arrested because they were breaking the law, specifically with drugs, and I think that should be pointed out, because... Mayor Suarez: Well, yeah, there's a bit of a problem. For example, I see Item number 4 on the September 24th memo to the Chief, from Executive 151 November 13, 1986 Assistant Arnold Gibbs. They talk about obstructing the sidewalks, and it says "gangs and groups.' That's a pretty loose description of what, apparently, vFF obiectionable - you know, better people are milling around or moving, or othervise obstructing t sidewalk. Obviously, if they're preventing other people from going up and down the Sidewalk, or harassing other people, they could be in violatior, cf the lay; but if they're rust. kind of hanging around, As far as I kney, tt,at'a not against ihF lay. Mr. Rice: Yoii're correct. fine, it's not Enforced that vpv. Mr.. F3ummer: You know, I got to spy on the record, OK? I don't think ... vhereIs Commissioner Yennedy7 I don't think that in any way - I'm going to Fpepk for one. When this Commission approved a million dollars to fight. crime and the drug problem, I don't think it was ever anyone's intention that this money was going to be used to hire off -duty policemen to do Coconut Grove cruising. ?sow, I just. got to put that on the record. I just, for the life of me... Mr. Dawkins: Say vhat7 Run that by me again. Mr. Plummer: WelI, let me read it to you. "Funding for these officers," referring to the Coconut Grove detail, "came from the one million dollars set aside by the Commission for police overtime. Justification for the use of off -duty personnel rests on important two issues...," and they go on. Mr. Dawkins: You know, J.L. is correct. That money was supposed to have been appropriated ... no, wait a► minute. It was my intent that that money be used to increase *be drug sweeps, OK7 Mr. Plummer: As I recall, it was to do more sting operations. Mr. Dawkins: And the stings, and the stings. More sting operations, and it was not for this. Yes. So, now, how did we get into this? I mean, OK, I guess we just have to make a motion of what our intent is. Mr. Plummer: Well, you also have to remember, if I'm - Doug, am I not correct? -if you hire off duty, you're paying them time and a half? Mr. Rice: Correct, but we don't pay fringe benefits either, so it makes... Mr. Plummer: Yeah, but it's time and a half. Mayor Suarez: I think the intent really was to combat serious crime, and not... Mr. Plummer: Well, I think, Mr. Mayor, it was even —you know, we talked about the fact that the sting operations had been going so well, that we would like to see more of them; and that million dollar additional money put into the budget was for that purpose, to see more sting operations. Mr. Rice: May I address that? Mr. Odio: Well, Commissioner. ..if I may, Doug, we have arrested 112 people, _ ranging from robbery to possession of narcotics. This compares to 17 arrests in prior weeks. And we did have, and we do have a drug problem in the Grove, as you know, Commissioner Plummer, - you have pointed them out to me - and we are sweeping those areas too, so... Mr. Dawkins: My concern, and my intent, was, and it still is, that you use this money for some reverse stings. See, all we're getting is a whole lot of publicity, a whole lot of stati: .ics, and a whole lot of commanders, or whoever's commanding the drug sweep, look good, and all you're doing is putting recreational drug users in jail. When the hell are you going to put the guy who's selling it in jail? When am I going to see where you picked up 200 guys who were selling, and not 250 people who bought? Mr. Plummer: I'll tell you when,... Mr. Dawkins: That's when I was...that's - huh? Mr. Plummer: ...when you start seeing some more jails. Right now, let me tell you something, on the last sting... 152 November 13, 1986 Mr. Dawkins: Yeah, but J.L., J.L., quit.... but what I'm saying, though, is, I don't want no stings anymore on purchases. You know, if you can see me purchasing, you know who sold it to me. Put him in jail. Mr. Plummer: To" dry up the profit. Mr. Odio: He's put in jail. Mr. DFv*kins: rut him in jail. Mr. Plummer: tie made 96 arrests on the sting that I went on. Not a one ... I'm sorry, five went to jail, and 91 were released on their own recognizance, because they didn't have room for them in the Jail. Mr. Dawkins: We33, how many of the 91 were pushers, and not. users? Mr. Flummer: well, I can't ansk*er that. I don't know, but they were definitely urera, because they were buying. Mr. Dawkins- Teah, but, but see, we got all these statistics, it looks good in the paper, and the same people who we arrested go back on the corner and purchase drugs from the same guy they got them from yesterday, and he wasn't even touched. So how can I go on a sting and arrest 200 people, and then don't get the guy who's selling it? Mr. Odio: What we do, sir. It's a reverse sting. The first sweep that starts out at, I think it's about five o'clock in the afternoon, we arrest the sellers. Mr. Plummer: No, what's he's saying is right. Mr. Odio: The sellers are replaced... Mr. Plummer: You're wrong. He's ... let me define it more in your terms. Mr. Odio: OK. Mr. Plummer: He's saying that you're getting the retailers; we ain't getting the wholesalers. Mr. Dawkins: That's right. That's right. Mr. Odio: Oh, that's true. Mr. Plummer: OK? Mr. Dawkins: That's all. Mr. Odio: Oh, that's true. Mr. Dawkins: And also, you got the same guy, you're making a martyr out of him, and the rest of the policemen, and...I mean, this thing should rotate as a commander, so that when the citations and stuff are given, everybody reaps in the benefit. You got one guy who looks now as a savior of all drug pushers ... I mean, of all drug arrests, and he comes out as a big man, and these like this, in the streets, in the trenches, they don't get no publicity. Change this, change the commander. They're policemen, they know what to do. So, if this guy commands the narcotics force today on the sweep and the sting, then let this guy over here do it tomorrow. And then let another guy do it the next day. And let it go around. Mr. Plummer: Well, I got to tell you something for the record. They guy that you got there now, this Lieutenant Brooks, is one of the most meticulous and thorough men that I have ever dealt with in that Police Department. Mr. Dawkins: OK. f= E. Mr. Plummer: That man is super in doing what he is about doing. Mr. Dawkins: But the only thing I have wrong with that is, in the event he has a heart attack, or in the event that something happens to him, we have not 153 November 13, 1986 trained anybody behind him to be as meticulous and exact as him. That's mar only problem, J.L. Mr. Flummer: OX. Mayor Ssspr017: Anything else on the issue of Coconut Grove and the cruising, anything FIFP! Mr. Nu -nor! Tots vi t hdrew the item. Mayor Suarez: Fight, but he gents to be heard on it. Mr. St-uxrt Sorg: I juft. Kant to make as comment. I was on the street about seven nightF with the rolice DepArtmFnt. I've never seen more professional or outstanding police Activity. Our Chamber of Commerce provided space for some of the sctivity. Ve're proud to he part of it. I just want that to be known. 54. ACGErTANCE OF L7 FF INSURANCE AND L014G TE M DI SAP I LI TY IINTStIRJa. lu PACKAGE FOR MAYOR AND KEKEFFS OF THE CITY COINISSION. Mayor Suarez: Itern 81. Carlos, the main thing_, that I didn't understand when I got your memo back., the City N,anager's memo back, is the cash value of these policies, and why we have, I guess they call it "term life" insurance inst.ad of "whole Life," and who does the cash value benefit - the citizens of Miami, or...? Mr. Carlos Garcia: It could. The cash value could benefit either the City or the Commissioners themselves. I think... Mayor Suarez: How is that? Can somebody borrow, can a Commissioner borrow against that cash value? Mr. Garcia: That could be done also, but I think that the City Attorney may want to address that particular point. Mr. Plummer: Make it simple, Mr. Mayor, if I may. Mayor Suarez: Yeah7 Mr. Plummer: Let's alter the policy to read that the cash value of the policy, the recipient is the City. Just make it that... Mayor Suarez: Why don't we just make them - what's the other term? Whole life? A lot cheaper. Mr. Garcia: Term life. Mayor Suarez: Term life, that's it. Mr. Plummer: Fine. Fine. Mrs. Dougherty: Is there a penalty to term life? Mayor Suarez: What is the next...? Mrs. Dougherty: To convert this? Mr. Garcia: We'll be able... Mayor Suarez: ...renewal period? Mr. Garcia: ...to convert them. The renewal period will be in December, but I think at this time we'll be able to work something out to convert this into term life. Mr. Plummer: Fine. 154 November 13, 1986 Mr. Odio: Fine. Mayor Suarez: Vent to make that in the form of a motion? Mr. Plummer: Z'll make it in the form of a motion, that the cash value of the policy be ... the City Tray be modes the beneficiary. Mrs. Dougherty: Or a term life. Mr. Plummer: for... Mrs. Dougherty: Or a term life. There's either... either the cash value, of convert it to term life. Mr. Plummer: Yeah, Mr. Carollo: When, we say the cash value, what are we talking about in there? Mr. Plummer: The cash value that builds up over a period of time. Mayor Suarez: These policies that have a... Mr. Plummer: That the individual Commissioner will not be the beneficiary of that. The City will be the beneficiary. All we will be the beneficiary of is the actual insurance itFelf - whole life. Mr. Carollo: Yeah, in case we go to the "Happy Hunting Grounds." Mr. Plummer: Well, you could go in pretty good style. Mr. Carollo: Well, I'll tell you, I don't know about you guys, but I feel more protected than ever now. Mr. Plummer: I so move, Mr. Mayor. Mayor Suarez: Moved. Do we have a second? I second it. Mr. Dawkins: Call the roll, Madame Clerk. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-938 A MOTION ACCEPTING THE LIFE INSURANCE AND LONG TERM DISABILITY INSURANCE PACKAGE FOR THE MAYOR AND MEMBERS OF THE CITY COMMISSION PRESENTED BY THE ADMINISTRATION ON THIS DATE; FURTHER STIPULATING THAT THE CASH VALUE OF THE LIFE INSURANCE POLICIES SHALL SHOW THE CITY AS THE RECIPIENT OR, CONVERTED TO TERM LIFE. Upon being seconded by Mayor Suarez, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy Mayor Suarez: And let me just get a legal opinion very quickly here. I think we've clarified it. It is, as far as anybody... you have advised us that it is legal for the Commission to approve these policies, even though the Charter doesn't call for it, as long as we do it as part of our normal budgetary process? Mrs. Dougherty: Insurance policies are not compensation, as determined by the State statute. 155 November 13, 1986 Mayor Suarez: 09. That leper to my next question. Does that mean that... Mrs. Dougherty: So long ae they do not have a cFsh value to them. Mayor Suarez.: OY, 7 vpc going to say, how about tax implications of the situation during the year 19R67 Mould you get back to us some kind of a legal opinion that arayr if ve have any problems for 1966? Mrs. Dougherty: TrF , vR are looking into that now. Mayor Suarez: Thank you. Mr. Plummer: hell, your only problem would be is if you took the cash value. Mayor Suarez.: No, no. Even if it's just accruing, sitting there, even if you never used it, it could be taxable, and I'd like to know if it Is. Mr. PIumppr: Put if you now, officially, are not going to become the recipient., I don't know that ... well, hey, you give us the legal... Mayor Suarez: {de just had it in effect during most of the year. That's what worries me. I just want to know whether we have to declare it or not. If we do, we ought to know about it. Mr. Plummer: Fine. Mrs. Dougherty: There may be a withholding that we have to... Mr. Dawkins: Declare it and be safe. Mayor Suarez: Yeah, and have to pay taxes on it. Mr. Dawkins: Yeah, well, that's better. And then they'll refund it if you overpay. Mr. Plummer: Mr. Mayor, for the record, I have to leave the City, and I will be planning on walking out the door between 6:20 and 6:30 to make a plane tonight. Mr. Dawkins: Oh, how sweet. Mayor Suarez: Does that mean you want to reinstate the life insurance policy, is that...? Mr. Plummer: No, sir ... well, I want to make damn sure it's in effect before I leave, climbing on a plane for this City tonight, I want to make sure that policy's in effect, yes. ----------------------------------------------------------------- NOTE FOR THE RECORD: Items 82 and 83 were withdrawn from the Agenda at this time. ----------------------------------------------------------------- Mayor Suarez: Item 84's been handled. 156 November 13, 1986 55A. DISCUSSION CONCERNING FROFOSED RELOCATION OF CAMILLUS HOUSE. 55B. URGING FADE COUNTY BOARD OF COUNTY COMMISSIONERS TO ADDRESS PROBLEM OF HOMFLF'SS IN DADF COUNTY, Mayor Suarez: Item S5. FrotherFaul. No. Counselor. Mr. Matthew Schwartz: On July 25th, the City Commission directed the Department of Development to go beck end study the feasibility of acquiring Camillus House. Camillus House was proposed to be acquired, originally, as part of the Southeast Overtown/rark West project. The City withdrew its offer to purchase that property after the court settlement of Dade County versus Sawyer. During the last two months we have met with Camillus House, we've had discussions with them, Camillus House is interested in relocating. We have identified, as a result of the court €ettlement and the reduced settlement, that the Law Department has negotiated, there is funding of about between seven and eight hundred thousand dollars available In the Southeast Overtown/Park West project that could be utilized. We anticipate —we estimate that the cost of acquisition would be somewhere between 1.1 and 1.3 million. We have listed in the memo to you a number of alternative sources where we may come up with some additional funding - short term funding - for this acquisition. One of the major issues with Camillus House is the relocation issue. Camillus House is... Mr. Dawkins: Wait a minute, before we go any further. Where are you thinking of relocating the Camillus House? Mr. Schwartz: Commissioner Dawkins, Camillus House, at their own initiative, purchased property located between 3rd and 4th Avenues, between 4th and Sth Streets. Mr. Dawkins: Will they need zoning variances to get in there? Mr. Schwartz: Yes. The existing... Mr. Dawkins: Well, they will never get them. Mr. Schwartz: OK. Well, this is one of the reasons why we... Mr. Dawkins: OK, well, I'm just trying to stop all this, OK? You see, people don't want little children on Bayshore Drive, OK? Why? Because it's an exclusive neighborhood. The white people don't want jails in their neighborhood, and you go along with it. And we aren't going to accept the Camillus House in our neighborhood. UNIDENTIFIED SPEAKER: Amen. Mr. Dawkins: Now, it's just that simple. So, now, if the Camillus House needs any variances, I would hope that this Commission would vote against them, and the Camillus House could stay right where it is, as far as I'm concerned, but it will not go in Overtown if I can get three votes up here to stop it. Mr. Schwartz: One of the major issue is the relocation of the facility. They have purchased the property, and part of it was given by... Mr. Dawkins: They cannot... Mr. Schwartz: ...donation. Mr. Dawkins: OK, go ahead. Mr. Schwartz: You know, and... Mr. Dawkins: Well, maybe they got three votes. Let me keep quiet. Mr. Schwartz: So that's why we invited Brother Paul here, to explain his concerns. 157 November 13, 1986 Mr. Dawkins: Fine. But I'm just ... well, he's just wasting his time on me. I don't know about the others. Mayor Suarez: Ter, Brother. Tell us if and where you would like to be relocat.ed. Brother Foul Johnson: OK, Mr. Mayor and Commissioners, I thank you. I'm Brother Faul Johnson, 726 Northeast )st Avenue, director of Camillus House. Again, I'd like to thank you for alloving me to coma before you and discuss something that's been my life, that's a very important issue, both moral, economic, end political. In the United States ke have approximately three million homeless people. One-third of those people are veterans. We have approximately 8,000 of them in Miamj, and it's not being addressed by any government. authority. CpmjlluF HouFe has been... Mr. Plummer: Father, can I stop you for one minute? Brother Paul: Certainly. Mr. Plummer: Tom know, I wish, when you make that statement - and I see that same statement in the paper - I wish somebody would take the time to sit down and to realize and analyze that that responsibility is solely upon Metropolitan Dade County, who is the welfare of the entire County. There is no responsibility on any municipality. For example, when we gave them $400,000,000 in a water treatment sewage plant, that was in return for them taking care of all indigent and welfare people; and I Am a little tired of seeing on the news that this City is not shouldering up under its responsibility, and this City has no responsibility, because we gave that to Metropolitan Dade County in return for other things that we gave them free of charge. So, I would hope in the future that, if in fact we do some things wrong, tell us about it. But in this particular case, that responsibility is solely on the shoulders of the Dade County Welfare Department; and I will agree with you, they're not addressing it as they should. But this City has absolutely no responsibility in that area. All right. So I just wanted to clarify that. Brother Paul: I don't mean to question you on that, but is there not a responsibility to make sure that this gets done by 'Lhe people who are responsible for doing it? Mr. Plummer: And I will at this time make a motion that this City Commission go on record, requesting of Metropolitan Dade County that they accept and fulfill their obligation as the director of welfare for this community, to address the problem of the 8,000 homeless, and I so move. Mr. Dawkins: Second. Brother Paul: Excellent. Mayor Suarez: A discussion of that? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-939 A RESOLUTION URGING THE DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO ADDRESS THE PROBLEM OF 8,000 HOMELESS' PERSONS 'IN DADE COUNTY, THEREBY FULFILLING ITS OBLIGATION IN THIS REGARD; FURTHER DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO EACH MEMBER OF SAID BOARD OF COUNTY COMMISSIONERS. (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- 158 November 13, 1986 AYESs Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice --Mayor Hiller J. Dawkins Mayor Xavier L. Suerez NOES: Tone. ABSENT: Joe Carollo Mayor Suere: rroceed, Brother. Mr. Plummer: TroceFd, Tether. Brother Paul. All right. As I was saying, i...first of all, I appreciate your calling to the attention of those people who are responsible. At the some time, we're in a situation here, where for 27 years the Brothers of the Good Shepherd, a Catholic order of Brothers, have dedicated their lives to alleviating Rome of the suffering and the problems of the homeless and hungry people of this City. I estimate that we soave the City, or County, or State about a million dollars every year. We receive no tax money; we have never asked the City, the County, or the State for tax dollars. We have about almost 3,000 people who contribute, unsolicited, to Camillus House, because they are concerned. They're extremely concerned about what happens to veterans, the menteIIy ill, etc., etc., and I'm sure you are, too. We're coming to a junction, though, where the City is moving in to rework an area that we have lived In and worked in for 27 years. I don't know how anyone could say that, you know, we have to leave the area. We're not newcomers to the area. We've been there, we've been serving for many, many years, and we have a problem with getting people to support Camillus House. I mean, it's very difficult to get people to back something like this. So, in order to keep the benefactors going, we have to be located in an area where we are visible. Just as United Way has moved to Brickell Avenue, Camillus House needs to be at I-95; not with the same old program that we've had for years and years. You know, I'm almost 50 years of age. I've served in this City nine years. I don't have enough strength to continue doing what we're doing at Camillus House, trying to do too much in too small an area. So, the new location, which was donated and partly purchased, at outside of the redevelopment area of Park West/Overtown, 5th Street south - the development comes 5th Street north - that property was donated; it's like a million dollars worth of property, and we are paying something like $300,000 for it _ when we eventually get it paid. It's eight times larger than the present location, and we do not intend to feed people at this location. This will be our headquarters, it will be visible at I-95, so that people who have concerns and want to support this type of activity can get to us in a safe environment. We're directly across from the Police Department, so the rich people, the ladies in this community who want to bring their husbands clothing, food left over from parties, etc., etc., can get it to us. We will process it there and do satellite feeding. We will use that area for the Brothers to live in. It will also be our headquarters, our offices, and on the ground floor we hope to have 100 beds for men and 25 beds for women. We would never be bringing more than 125 people into that area at any one time. I don't see the objection to this. I think we do fit into the category, because it is zoned commercial. I get very concerned and worried, though, when I hear someone say that Camillus House will never be there. What's wrong with me living there? If you could explain that more. Mr. Dawkins: There is no question in anybody's mind as to the good that Camillus House does. There's no question as to how many lives Camillus House has saved, and I, for one, appreciate the many times you have allowed me to come there during the holidays to serve meals. But there comes a point and a time, Father, where individuals who have been shafted for so many years reach the point where they say, "We're not going to take no more." Now, somebody has to suffer, OK. Now, individuals own the land in Overtown, and along came urban removal - they call it urban renewal - and individuals who have homes and were 60 years old had to move out, and acquire a mortgage. Then by the time we got that squared away, along come I-95 and removed some more of us. I see Mr. Sawyer sitting back there, whose family owned a lot of land and no longer own it. Then after we get that squared away, then along come rapid transit, and it displaced a lot of us. So then after a while, you get saturated. And you say, "I wouldn't care if St. Peter rolled a rock up here and Jesus put his foot on it and said, 'Peter, upon this rock I build my church,' we'd tell Peter, 'Roll it on.'" OK? - and we have reached that 159 November 13, 1986 stage, and it's not against Camillus House. It's not Camillus House at all. It's just that., like, I think, we have the Overtovn/Park Vest project. The administration doer not vent to put Overtovn in the rpme, and the people from Overtovn Pre spying, ''Ve've got, to have Over town." I.Thy7 Overtovn is significRnt to therm; it'F gone. So 1pt`s pt ]ppst hava the memory of the nAlre. So, we're not, VFr-inpt CF1Ti))1.)p i#oupF. Rut if you've gc:t_ to be near I- 95, I-95 meset€ SouthwaFt 375th Street Popd, OY? I-95 junctions at CovtheFpt....Northepst Ind AvpnuF and 95. ?�inety-five iunctions ct 79th Street and 95. So, there's some other Fre-F that ue cr-n do. Noy-, I would like for our PdminiestrFtion to tal) me, you know, vbprer is soy+,e land of equal value thpt they could swap Even up to you for your JFnd thpt they'va been given. If you say i.t'F worth $3,000,000, then the City should find some lFnd, that you will accept, now - hold it, now, don't try to push nothing down your throat - and swap even up for you, Fnd try to resolve this. Now, I don't believe that the people 3n that Brea, when you come here for the zoning this p)pce is going to be p*cketd. Now, maybe you'll get they zoning, and m_Fybe you won't., but I do think that ve shou)d tell you now, those of us who Pre going to vote against it, tell you now thPt I'll be voting against any zoning changes to allow you in there; and then if you have three votes up here who say you, you know, you will have the zoning vAriances, then you know to proceed. If you don't, then let's don't string you along, Father, And then have you go through four or five months of an exercise of futility, and then come up here and tell you no, and you got to start all over. That's the only thing I'm trying to do, is to see that. i P get this thing squared away, let us know where everybody is, so that you'll know that either you can build what you're going to build here, and if you can't, what alternatives are we going to try to work out with you. Brother Paul: I have one point I'd like for you to clarify. You talked about removing people in Overtown/Park West. We're in Overtown/Park West. We're being removed, and we're objecting to that, the same as these ladies here are objecting to what's happening to them. So, I don't understand how you can say you're trying to get rid of us in Overtown/Park West. Mr. Dawkins: But you're not... Mrs. Kennedy: Father. Mr. Dawkins: OK, but we .... OK, go ahead, Commissioner. Mrs. Kennedy: OK. It seems to me that what we have to do is check with our Planning Department, in fact, I was talking to Sergio Rodriguez, and see what land do we have there that is available, that could accommodate you without going through the zoning change. Something that is commercial. He didn't have an answer right now, but he said that he would certainly look into it and see what we have. Ms. Carmen Portela: I'd like to address that issue. My name is Carmen Portela and I represent the Camillus House. The thing with the zoning, that we've talked about: number one, we've changed the concept for our project because of the homeowners. Many were concerned that the homeless were going to commit crimes; that they didn't want to see the feeding lines. And so we have changed our concept to, number one, not be feeding persons at that facility, so that we don't have the lines; number two, just to have dormitories so the people can come, sleep, and leave. Secondly, with the new zoning changes, there's only one district which, right now, Camillus House could relocate to. That's the same district where you are allowed adult entertainment, pawn shops, parking lots, warehouses; and we're saying the people we service do not live in Bayshore. They don't live on Brickell. They don't live on 79th Street. They live in the downtown area where we are now. We can't be placed someplace where we're not going to be able to service. Mr. Dawkins (OFF MIKE): How many people do you have live in that area again? Ms. Portela: Excuse me? Mr. Dawkins (OFF MIKE): How many... you say the people you serve live in that area? Ms. Portela: Come to that area. Mr. Dawkins: Beg pardon? 160 November 13, 1986 Ms. Portela: Come to that area. Mr. Dawkins: OR, now, there's a difference, now. There is a difference in "live in" and •come to,", OK? I want to be sure you and I are on the same wavelength. Me. Fortela: Soma 3ive mound that area,... Mr. Dawkine: No, no, no, no, no. Me. Fortein: ...sleep in that area. I wish ... you're trying to make a distinction that isn't... Mr. Dawkine: tic), I'm not trying - I am going to. I'm not going to try. Me. ror.tela: I wiFh I could understand. Mr. Dawkins: OK. What I'm saying to you is, the reason we need the Camillus House In, we are serving many homeless people. Ms. Portela: That's right. Mr. Dawkins: So, if we're serving homeless people, they don't live anyplace, and for you to stand there and tell me that the people you serve live in that area, then, I mean, you're leading me astray. Ms. Portela: Well, I... Mayor Suarez: It's obviously a definitional ... what is the recommendation of the Overtown/Park West Advisory Committee? Mr. Donald F. Benjamin: Oh, Mr. Mayor, we are totally against it. That is, we are against the relocation. Mayor Suarez: Why don't you give us your name, one more time. You've been with us today already once, but for the record. Mr. Benjamin: My name is Donald F. Benjamin. I live at 417 Northwest 6th Street, and I'm also the president of the Overtown Advisory Board. We are quite concerned about this whole thing. We admire the work that Brother Paul is doing, and we wish him well. We do feel, however, that because he is under pressure from the Park West Association to move from that location, that does not justify his moving into our location. In the first place, they say that they are modifying their project. Well, that may be well and good. We are not objecting to feeding lines, because from our observation the feeding lines are not the problem. The problem we see are the people who sleep on the sidewalks outside, on the street. As you pass 8th Street, you see all these people just sleeping there all the time. Disgraceful. But in any event, if sfi they're going to modify their project so that they would then have, as they say, different locations for the feeding, and just use the new site now for offices and other things, why can't they do that exactly where they are? And this is what we would propose, that they be allowed to reconstruct right where they are, modify that building, and there's no problem. Do their feeding at their out locations as they propose, but not at Sth Street and 3rd Avenue. We are not in favor of that at all. Ms. Portela: But we don't have that option. The City wants our land, to build a sports arena. They're going to take it. We don't have that option, tore... Mr. Benjamin: The sports arena's not going there. That's not where the sports arena's going, is it? Me. Portela: Yes, it is. Mr. Benjamin: No. . Ms. Portela: Well, what's going there? The convention center? Mr. Benjamin: It's the Park West people who want you out! It's as simple as that. t, I 161 November 13, 1986 UNIDENTIFIED SFEA.KER, CUFF MIKE: That's our objection. Ms. Fortele: Fell, via warkfd with your chairperson in the past. We have a letter from h5m, I-orPufe we were willing... Mr. Fpr-ip-in: VhRt c1-Pirperf0n7 I'm the chairperson. Ms. Forte]$: Clinton Foyel7 Mr. $en omin: Vho7 Ms. Fortele: Clinton Royal. UNIDENTIFIED SFFAKER, OFF MIKE: That's a different organization. Ms. Fortele: Oh, it is7 UNIDENTIFIED S1'FAKF_R, OFF MIKE: That's a community action agency. Mr. Odio: That is not part of the agreement. Mayor Suarez: It's actually what, about a block... the existing... Mr. Plummer: Well, wait a minute, where's Mr. Bailey? Mayor Suarez: The existing location's about a block away from the first phase. Mr. Plumaner: Is this location part of the arena, or any proposed... Mr. Herbert Bailey: No, it's not a part of the arena, Commissioner. Mrs. Kennedy: No, it's not. Mr. Plummer: Well, what is proposed to go here where Camillus house is now, that they can't stay? Mr. Bailey: A mixed used development, combination residential/commercial. That is part of the original plan. Mr. Plummer: Well, he's talking about residential/commercial. Mr. Bailey: Yeah. Mr. Benjamin (OFF MIKE): What phase is that, Phase Two? Mr. Bailey: That's Phase Two. The problem, Commissioner, as it relates to Camillus House, and I think we all know what the issue is, as development begins, and we have the same problem in other parts of Overtown, where we have not removed what we consider to be the blighting influence - as developers began to build their new facilities, which comes into the millions of dollars, their concern is, there is a blighting influence that impacts on our market. We have a concern that if we spend 15 to $20 million dollars to develop a block, we build 350 units and we do commercial activity, the market that we're trying to attract will have some concern about the condition of the rest of the area, that we have not cleaned up. And that's a real concern. We have the same place at the Max Bauer meat plant, where we have two apartment buildings that we have not been able to acquire, and we have the same concern at Camillus House. It just so happens that at the Camillus House situation, there is an importation of people that come into the environment that, in terms of the market conditions for the new units that we're building, makes it very unattractive. We have been requested by any number of people to consider the removal of Camillus House. In fact, we had that request even before we got the redevelopment under way. We have had, and Brother Paul knows, and I met with him several times, we ... take the Studio of Lighting, which contends that the environment caused them to go out of business. We've had any number of merchants there who have said that because of the condition - there's" nothing wrong with what Brother Paul is doing; we understand it's a j humanitarian gesture, and it's worthwhile, but as it relates to the business ' environment, it is undesirable. This is where we are. 162 November 13, 1986 Ms. Portals: Mr. Mayor, Commissioners, we have tried to meet with people, we have talked about having food facilities versus dormitories, we've talked about security. He mentioned one of the people sleeping on the street. There is a City ordinance that prohibits people sleeping on the street. They wouldn't be Fleeping on the FtreetF if we hFd 1Frgr-r facilities. A bum is picked tip, tRken to JR3I, procFFFcd. ThiF costs about S300. yFsterduy in the City AddreFF, yeti Vtre tR)king about wayF to CO coFtF. ThiF iF one of them. I wish that vp Would not Fpend 5300 per pFrFon to take a derelict into Jail, only to be told you don't have Fpac.e, Fend him bFCk out on the street. We are providing A solution. F`e're going to have this problem anywhere. }nobody is going to Kant us, And we hFve a Fituation that we need to correct. We're willing to meet with anybody to discuss food, Fecurity, whatever, but. it doesn't seem, whether we, Just have feeding., whether we have dormitories, whether we have guards, it's not going to make a bit of difference, and we need help. Mr. Benjamin: Mr. Mayor And Commissioners, es you're quite aware, we in Overtow-n are making every effort to upgrade Overtow*n. We Are doing our best. You've heard Mr. Foiley talk About the blighting Aspects of this facility, and we can't see that it will do us any good if It's located in Overtown. Again, I would really ... once again, I want to propose that consideration be given to upgrading the present facility, which would readily fit into a commercial business area, if they modify it, accordingly as they said, and I recommend that. Brother Paul: I'd like to remind you that it's important that facilities all throughout the United States - and I have a book that can explain this. I do belong to the National Coalition for the Homeless. I'm one of the board members. I know the problem, I've dealt with it for 27 years. This problem is not going to go away unless we meet the needs of these people. Now last year, the City of Miami spent $180,000 to arrest people and take them down to the Justice Building, to determine... and take them before the judge, to determine that they did not have money to pay the fine or they did not have jail space for them. This is a waste of City funds. Camillus House is willing to address that issue, along with the County, if the County will react. I think perhaps they should be going to the County. And a more important issue here, I think, is probably discrimination of rich against poor. We've been through the discrimination of Black and White, Spanish, Anglo, and all of that... Mr. Benjamin: May I interrupt this? When he says "rich,"... Mayor Suarez: No, no, no, please, please. We can ali answer. let him finish, please. Brother Paul: We're really talking about displacing an institution that has been there for 27 years, making way for big dollars coming from Texas and places, to come into Miami to do something that we can use, but we also need to take care of the poor, because no one else is going to do it, apparently. Now, we all stand here, you've all said, "We appreciate. We think what you do Is wonderful." It's time to have some action, I really think, if you really do appreciate what we've done for the 27 years, the number of people that we have rehabilitated, and consider that you would have a much worse situation were we not there. As an example, last year we housed 20,000 men overnight, free. That would have been 20,000 people on your street - lying in the street. They were in secure environments, controlled. They had nights of shelter, showers, and went to work the next day. We served 250,000 free meals last year at Camillus House, which certainly has to cut down on petty crime and theft. I think if Camillus House is not downtown, you're going to have your beautiful City, you're going to have the same problems that are going to be worse, and no one is going to be there to help alleviate it Now, if that's what you want, it may come to that. I don't get paid for what I do. Mayor Suarez: Let me just clarify that the... I'm sure the reference of rich versus poor has nothing to do with the residents of the area. Very few of them can claim to be rich right now, so we don't get into that argument. OK. r Well, we've had an interesting discussion here. It looks like one new idea has come up, which is the possibility of helping Camillus House to restructure their existing facility. Matthew? I don't ... I don't know. Anyhow... Mrs. Kennedy: I would like to see our department look for a parcel of land to accommodate them. 163 November 13, 1986 Mr. Schwartz: Right. I think we would like the opportunity to come up, possibly discuss with Camillus Route the possibility that the City may look to purchase their other site that they have at between 4th and 5th Street... Mr. Devkins: Vo, no, no, no, no, no... Mr. SchvRrtr:: ...as P possible housing site. Mr. Davkins (OFF MIKF): no, no, no. Look to swap them a piece of property. Mr.. SchvprtT: MAybe swap ... or swap them a piece of... Mr. Dawkins (OFF MIKE): We're not going to pay them a profit now. Mr. Schwartz: If we could... Mr. Dawkins (OFF MIKE): If they want to swap even up, we got a deal. But we're not going to take their property and pay them money on top of it, OK? Mr. Schwartz: But we'd like the opportunity to come back. Mrs. Kennedy: Yeah, but then you have to look at a comparable piece of real estate. Ms. Portela: What I don't understand is, here we have a situation where everybody, like, has clearly acknowledged the need, the service, and the fact that the problem will not go away, and yet... Mayor Suarez: And, and... Ms. Portela: But what's the alternative? Mayor Suarez: Yeah, I was just going to say, we're very close to a Catch 22, because if we ... the policy of the City is to acquire that property, in effect removing Camillus House from that particular location, and if the law says, as I understand it to say, that we have to pay in accordance with the existing use so that they can find some other location, and if the Commission were to proclaim that we will not allow them to be anywhere else, the amount of money that we would have to pay for your property would be infinite, so we'd be really stuck. And then we ought to be very careful not to get us into that —ourselves into that bind. Anything short of having to pay an infinite amount for your property would be acceptable, if we can find the money for it. Herb, do you have any ideas? Mr. Bailey: I think, Mr. Mayor, what we...what the real basis of the problem is, is that Camillus House, and rightfully, that's their right to do so, insists that they have to have a location that's in the downtown. We have, for a year and a half, I guess, tried to help the Brothers of the Good Shepherd find another location. We had originally suggested that it should be somewhere close to the Jackson Memorial area, where there is a health care facility there, for which many of those people need to have some health care activity. I think the problem is here, and where the bottom line rests, is that they desire to be in a specific location, that specific location is downtown, and at the moment, being in that location will greatly impact upon what we're doing in terms of our entire downtown redevelopment, not just Overtown/Park West, but everywhere else. It's a matter of whether or not... it's not whether we want them at a certain location or not - it's whether or not the residents in that location that they want to relocate to would want them there. As a matter of zoning, that's a decision up to this Commission. It is not really our responsibility, totally, to find them another place. It is our responsibility to give them fair market value for the land that we condemn, which, under the State laws, are perfectly legitimate. So, I think what we have to come meet each other here is that, we ' have to find a happy medium whereby the location that is selected, and the one _ that we happen to find, is suitable to everybody - to the Brothers of the Good r_ Shepherd and to the residential community in which they're going to be r located, or if maybe not a residential community, or another commercial community. Whether or not the City of Miami is going to continue to have them in the downtown area... 164 November 13, 1986 Mayor Suarez: In the process, we may end up having to pay more on a per square foot basis than ... because we have to relocate them to some place that the land costs more then they would otherwise be looking. Mr. Bailey: No. that's rot the case. Mayor Suare=7: Fut it might. I mean, I don't know. I mean, you haven't given me on accFpt AHP.. . Mr. Devkinf- why should we, when the State law says that once we condemn the prcperty and pay them, we're through with it7 Mr. Pailey: fair rr;rket. value, determined by the courts, if it goes to the court. Mr. Dawkins: Then We`re finished with it. We haven't done this for nobody else we took land from Overt.own. Mayor Suare2.: Weil, wp ee;:ra pretty c1oFP to doing it. I think vP did, with the Miami RescuF Mission Property. Yep. Because we couldn't figure out where to relocate them, so we ended up paying. more. We paid a premium. Mr. Dawkins (OFF MIKE): Oh, vpll, then, ON., well, then, , we have to pay them, do it again. Mr. Plummer: Yeah, well, vhat I think Commissioner Dawkins is saying is, we were not obligated to. Mayor Suarez: Yeah, I guess we're not... Mr. Plummer: Morally, but not obligated. Mayor Suarez: ...but these are unique cases. Brother Paul: Before we get into that, I would like to comment on something that he has said about the fact that we would have a negative influence in that area. We're not planning to build some kind of a... what's called a storefront thing. The architect for this project is Raul Rodriguez, who did the Downtown Community... Dade Community College, and won a national award for it. We're planning to put up a building that costs $3,000,000 to house 100 men and 25 women, which means it would be a maximum of. only 100 men and 25 women ever in this area. The Brothers would live there; our offices would be there. All we would do is ... in fact, from eight o'clock in the morning until six o'clock in the afternoon there would be none of those people in the area. Mayor Suarez: Let me ask a question, Brother. Would that description of the facility - where could it be located right now in Miami that would not require a zoning change? Mr. Plummer: How about the old police station? Mr. Sergio Rodriguez: Let me try to clarify... Mr. Plummer: Wait a minute, we own that property. We own the old police station. Why can't you build on that property? Brother Paul: There was some kind of an ordinance or rule passed, and I thought it was probably designated just for us. On May the 22nd, after the property had already been acquired at 5th Street, somehow in the City, probably here, they designated rescue missions. We are not a rescue mission, but if we were a rescue mission, we would have to go into a warehouse district or where they can have adult entertainment, bars, and those things, and that's not where these people belong, and it's certainly not where I intend to live, as a religious Brother. Mr. Plummer: Well, but I'm speaking of the old police station on 12th Avenue and llth Street, across the street from the Holiday Inn. We own that property. Mr. Odio (OFF MIKE): (INAUDIBLE COMMENT REGARDING NFIU") Mr. Plummer: Well, FIU isn't maybe going to go there. 165 November 13, 1986 Mr. Odio (OFF MIKE): It's not downtown Mr. Rodriguez: Well,... Mr. Plummer: It'P right on the expressway. Mr. Rodriquez: If I mey,... Mayor Suprea_: Feah, under the existing... Mr. Rodriguez: ...let me try to clarify... Mayor Suarez: ...code, if you were going to place a facility of that sort someplace, what kind of zoning would you need for it? Mr. Rodriguez: May I clarify somRthing first, for the record, because I think It's important? Mayor Suarez: Might confuse it more, but... Mr. Plummer: That's what he's trying to do. Mr. Rodriguez: The area that I understand Brother Paul wants to move the rescue mission is in the area of Northwest Sth, between Sth and 4th Streets. That area is presently zoned CR and RG. Only rescue missions have been defined as the following: as "a facility which provides overnight dormitory - style shelter, with or without food service provision, to those persons lacking residences, possessions, or resources." Under that definition, the only place where they would be permissible would be under CG-1, which is Commercial. Mrs. Dougherty: Is it a permitted use, or by special exception? Mr. Rodriguez: It's by excep...do I have anybody's attention? Mayor Suarez: Is there some place around Jackson Memorial that has that kind of zoning? Mr. Rodriguez: Anyplace where you have a CG-1 classification... Mayor Suarez: Yeah, well, I don't have the map memorized, you know. Mr. Rodriguez: I don't have it either, in memory in my mind. Mayor Suarez: Well, you're closer to it than I am. Mr. Rodriguez: There are many... yes, sir. Mayor Suarez: To having it memorized. Mr. Rodriguez: There are many places throughout the City where we have that. It will be... Mayor Suarez: For example, around Jackson Memorial and the Civic Center? Mr. Rodriguez: Jackson Memorial, there's one. Even within this general area there's CG-I. The thing is this, it's not... Mayor Suarez: Even within what? Mr. Rodriguez: Even within this general area, there is a CG... Mayor Suarez: Which general area? Mr. Rodriguez: CG-1, we have one CG-1 on Northwest 7th Avenue. Mayor Suarez: Oh, I thought you meant here, right around City Hail someplace. Mr. Rodriguez: No, no, not this area. But again, this is not a permitted use, but a permissible use only with a special exception that will require a hearing before the Zoning Board. And appealable to the City... 166 November 13, 1986 _ AR Mayor Suarez: For which zoning classification? Mr. Rodriguez: For any. Mayor Suarez: vbpn did we pest that? Mr. Rodriglyoz! I don't Ynow. Mayor Suarez: That.'a been on the books for a while? Mr. OgwkinR (OFF MIYE): That's one on 9500. Mr. Rodriguez: VRII, rpore than a year ago, I believe. Mayor Suarez: That't: good old 95007 NOTE -rOR^THE 'RECORII: Corm.nIFFioner Piummer left the meeting at 6:15 P.M. ------------------------------------------------------------------- Ms. Portals: May 22nd, 3986, that's when it came. In fact, we may not even fall into that definition for rescue mission, either. One of the concepts that we had been discussing in attempt to try to be rble to go anywhere, do this, is, single occupancy versus that dormitory style. We don't consider ourselves a rescue mission, and we probably are not even going to fit that definition either. Mayor Suarez: OK, as you have described it, you don't think you would fit under that new ordinance classification? Ms. Portela: No. Mayor Suarez: OK, we'll say it won't affect you, then, as you have conceded. Ms. Portela: And that's why I'm saying, when you think of our existing zoning, which is CR-2, and RG-3, we could probably fall under a bunch of definitions there - hotels, motels, guest homes, but it's that general train that that area provides. We don't see ourself any different. The only difference that we see is in the people that we serve, and... Mayor Suarez: And do you see yourselves as necessarily having to be in the generally...the area generally known as downtown, Overtown? Or can you... Ms. Portela: I wish I could... Mayor Suarez: ...conceive of yourselves being elsewhere and still being able to serve the same clientele? Ms. Portela: I'll let Brother Paul add to this, but I think that, particularly you, Mr. Mayor, who have been to other cities, I don't know why the homeless particularly live in downtown. I'm sure Brother Paul, who has studied this for 27 years... Mayor Suarez: Well, some people would argue that the fact that you have the meals there attracts the people there; that they might otherwise, you know, go elsewhere if they had a...I don't know. Ms. Portela: I ... I'm... Mayor Suarez: They also like to be close to where you can hitchhike, and close to, you know, in the center of the City tends to be the transportation, nerve center... Brother Paul: All right, until these people get jobs and are able to get money for transportation,... Mayor Suarez: Right. Brother Paul: ...they're in all major downtown areas. I was in London two years ago, and they're all over downtown London. 167 November 13, 1986 1,9 Mayor Suarez: veil, the Civil Center's not too for from downtown. That sort of is doynto" , its a Renee, here, and it's also close to all the expressways. Brother tPul: Right. Mayor Stterp7: And thet vpp Com++ippioner F3ummer1F Puggpstion before he left. Brother Fet,l: Yep. FF33, 3 think thpt. if these preplF ere here, if the people Are dotrntovn, I think thpy're going to hpve tt^ by Fervpd, end that's our purpose, iFt to F3mply pFrFe three pFoplF Fho pre doe-n thrre. Mayor Suare7.: VF3l , Ve're Foing to r-ork Fuf1:33y hprct to mF}ce purr- thet you're able to continue Feru3ng the homeless, bFcPuse wr, Although it'F not our primary responpibi3it.y, we cert-ainly r;on't vent. to R.pkF it difficult: for you to do it. Cod knowp, you're Fa3ving a major prob3Fm thFt government is not addressing. Commissioner Ypnnedy7 Mrs. Kennedy: Fir. Kayor, just a point of clarification, that the building that Commissioner Plummer referred to is where BRIC is going. There's no way that we can do that. Mayor Suarez: That's an... Mrs. Kennedy: You know, that building is needed for... Mayor Suarez: Florida International University research facility that we... Mrs. Kennedy: Biomedical/technical research. Mayor Suarez: Yeah, he wouldn't be aware of that. Brother Paul: I don't want to get into e.., kind of argument, but I'm not aware of the project looking for anything for Camillus House. At least, they've not contacted me for that. Mrs. Kennedy: Right. Mayor Suarez: Brother, I think we have given an indication to our planning people of the priorities of this Commission, and I think we'll just have to keep negotiating to see where we can find you a place; and at this point we haven't reached an agreement on the financial compensation anyhow, so if we don't reach an agreement on that, you know, and until we get, by court proceeding are able to force you out, which has not been decided either. Mrs. Kennedy: I think the best thing... Mayor Suarez:.... we'll just have to keep negotiating, make sure you can be located. Brother Paul: Fine. Mayor Suarez: We appreciate your presentation. Mr. Dawkins: And I'd like for the administration also to think of Watson Island when you think of relocating them. Mrs. Kennedy: There we go again (Laughter) Mr. Odio: We got two expressways. Brother Paul: I'd like to invite Commissioner Dawkins to come to Camillus House and to sit down with me and to talk to some of the people. I'd like that. Mr. Dawkins: OK, no problem. OK, all right. Mayor Suarez: Thank you, Brother. Mr. Dawkins: OK, Brother, and thank you, hear? 168 November 13, 1986 Mayor Suarez: Thank you, counselor. Mr. Dawkine: Vhat.'F ve Rot next? 56. AFPROVING i"h'F ASSIG"� IFNT BY F.T.U. OF CITY DONATED SPACE TO THE BIOMEDICAL RFSrAFCfi ANI) 77440VATION CENTER FOR ESTABLISHMENT OF BIOMEDICAL RESEARCH T`ROGR4MS AKP INNOVATION CENTER. Mr. John Gilchrist: Com-niFFioner Da4•kins, you must have known I was coming up here to mention WatFon IFland. Mr. Dawkin€: That'a right. I got you ready. Mr. Odio: Vhat are you talking about? Mayor. Suarez: You going to talk about BRIC? Mr. Gilchrist: Yeah, that's the next item, Mayor. When we last were before the Commission, and requested and had your support for moving forward with the Florida International University use of the space in that building, which we've just discussed, the research arm of that had not yet been formed. So we entered into an agreement which donated the use of a portion of that building for starting up what we refer to as BRIC, which is a biomedical research innovation center. We put in that agreement the right for FIU to assign, so that when BRIC was formed, they could assign the use of that space, and that's kind of a technical point in the agreement, whie.i is not, I believe, an issue, but it gave us an opportunity to come back here. We have to seek your approval for FIU to transfer or assign those rights to the research arm of the project. It also gave us a chance, I would like to be able to report back to you where we're at. Dean Gordon Hopkins, who is the Dean of Engineering at FIU, is here. I would like him to give a report to the Commission on where we stand with the BRIC research center. Mayor Suarez: Dean, good to see you. Dean Gordon Hopkins: Thank you. If I may, in terms of report, let me —one of the questions when I was here last, which was over a year ago now, the question was asked me, what kind of impact, or economic impact, this would have? I've had an opportunity since that time to do a fairly complete study. I'd like to make a couple of comments, to compare our City with what I consider the most successful enterprise of this sort, and that's Philadelphia. Philadelphia has created what they call the University City Science Center, which is a consortium of the universities, hospitals, and the governments in that community. That particular activity is a little less than ten years old. At this particular time it has 5,825 people that work in the facility, it has a $128,000,000 annual payroll, it has created 83 new ventures, it pays $1.3 million annual real estate taxes. It...to this point in its existence it has paid $53,000,000 in taxes to the City. Mayor Suarez: What kinds of industries, light industries, commercial activity, are we talking about? Dean Hopkins: Specifically... Mayor Suarez: Biomedical and... Dean Hopkins: Biomedically oriented. They're pharmaceuticals, biomedical, software companies. I reported there is 5,800 jobs. The general multiplier is ten to one, so that means there's 58,000 new jobs created in the City of Philadelphia because of this activity. What we try to do with BRIC, and what our vision was, to create the catalyst to make the same thing happen here. We came to the City Commission, as you recall, two years ago; was encouraged to utilize the property that was referred to earlier, and we've been making progress in that line. What John referred to, when the Commission met last time and assigned the property to FIU, and Commissioner Plummer just referred to it as an FIU enterprise - I'd like to think it's an FIU activity, and we're trying to be the catalyst. What we have done since we've last talked is 169 November 13, 1986 created a nonprofit foundrtion which we call BRIC. Specifically, the Board of Directors of BRIC inrol`-ea rIU personnel, it involves the City of Miami reprepentptivpr, it involver thr County repreFentAtitrep, it involves University of Nifmi rpprFFentptives. it in`roIIre p lccA3 AttcrrpyF pnd local real estPte pecplF, it involves hoFpit.Pl rFprFFFntPtiveF, it in:ol:-es the prerident. of the Socrth rlcri:'p firspitPI >FFO(iFt5On. co vr- t.rieci to create this, not pf on TIV entity, krtft lsse rlt? FF P cAlP)yst. 7t,e purpoFr of FRIC, tcpecificAlly, VPF to creAtF nFV companies. vp Pre in the process, Fnd we've come bpck to the City, 4c get pFrmissicra for rIu to Allow FFIC to start business. e now pre in the prccPFs, And Pre prPppreer to move cur first. three incubator cOro pFniPF in therP. The first company iF A company celled Artificipl HePring, vhic.h hpppenF to he A Fein -off from the University of Miami medicAI research. The second company, khich I'm not At liberty to divulge their nR;mFF, is p compa-ny that is being created by a scientist at Cedars And A scientist At A cancer institute in Broward County. The third company is A spin-off of a company in Melbourne, which means... Mayor Suarez: Dean. Dean Hopkins: Vies. Mayor Suarez: Let me tell you, we're in danger of losing our quorum at any moment., unless you wrap up, and we do have a few other... Dean Hopkins: That's it. Mrs. Kennedy: Dean, why don't you tell us about the jobs that this will create, and the economic impact on the City, and... Dean Hopkins: Well, again, I pointed out that the...I can speculate, because I said earlier, the most realistic example, the most close...closest parallel to ourselves is the City of Philadelphia. There, it's literally brought jobs downtown, not into outlying research parks. Mr. Dawkins: Mr. Gilchrist. Mr. Gilchrist: Yes, sir. Mr. Dawkins: Are we talking in terms of giving FIU that piece of property? Mr. Gilchrist: No. What we're doing is allowing them to use a very small portion of that building - 2,000 square foot. It's a rather humble beginning, actually, that we're talking about at this point. Mr. Odio: Commissioner. Commissioner, the answer to your question, the long term plans that I see is that that building could become the whole building. Mr. Dawkins: OK, well my long term plans is that I have to talk with realtors who have offered as much as $7,000,000 for that site. Mr. Gilchrist: I have apprai... Mr. Dawkins: So now, if they're talking in terms of somebody coming in here, with us having a shortage of funds, and not having to raise taxes, I'm going to tell you where my vote is. My vote is for selling that piece of property, to whoever wants to pay seven million or more for it. Mr. Gilchrist: Commissioner, I have a... Mrs. Kennedy: But I don't think that's the issue today. Mr. Gilchrist: I have an app... Mr. Dawkins: Hmm? Hmm? Mrs. Kennedy: I don't think that's the issue here today. I think that... Mr. Dawkins: OK, but the issue, OK, I'm sorry. Mrs. Kennedy: ...they're just doing a report, right? Mr. Dawkins: No, but, see... 170 November 1$, 1946 i Mayor Suarez: How long do you have a loss• for, Dean? Mr. Dawkins: No, it's... Dean Hopkins: It.'F one year. Mayor Suarez. end Mr. Dawkins: One year. Dean Hopkins: We're required to come back each year. I think, if I may spend a moment, it 3s an i.mportent issue to myself and FIU. Right now, the State of Florida - I heppen to serve on the Florida High Tech Industrial Council. I'm also servir.•g on the committee to write the high technology plan for the Legislature for the next five years. There are several centers of excellence that the State gill fund around the state. Two of those will go into Orlando, one of them will go to University of Florida, we may possibly get one for Dade County. We have signed an agreernant with the University of Miami to try to create that for Dade County. One of the questions the City of Miami has to address, are they interested in hkving this in the City of M3ami7 It does not have to be in the City of Miami. My allegiance and concerns has been for the City of Miami, We, through try efforts and the University's efforts, we've probably invested $100,000 in this activity. I think Commissioner Dawkins' question's a very real one to me. The question right now, is the City interested in attracting this to the City of Miami? Should we be looking to the County? For example, the University of Miami has a very fine research park or facilities in South Miami. The question that you have to address is, do you want the revenues for the City, do you want the jobs for the City, or is it sufficient to have them in Dade County? This is an answer that we must have, because we've put a lot of effort. Mr. Dawkins: Well, I just gave you mine. Dean Hopkins: Well, that's ... it's good to know. Mr. Dawkins: OK, OK, I just gave you mine, OK? Mrs. Kennedy: Dean, the other day you came into my office and you gave us a wonderful presentation of the economic impact this would have on the City. Could you do a summary of that, as far as job placements, and what this would do to the City and to that area? Dean Hopkins: We're talking about, realistically, 50,000 jobs, if we're as successful as the City of Philadelphia has been. We're talking about the success... Mr. Dawkins: Over how many years, sir? Dean Hopkins: It took them ten years. In ten years they paid $53,000,000 into City taxes. Now, it's a decision... Mr. Dawkins: Five million a year in ten years. Dean Hopkins: That's correct. Mr. Dawkins: OK, go ahead. Dean Hopkins: They have created 83 new companies, that not only was created in Philadelphia, they stayed in Philadelphia, they stayed on Market Street in Philadelphia, and they put jobs into Philadelphia. Now, that's the question, whether Miami wants that. There are many other examples - for example, I visited many of these sites. There are successful examples in Troy, New York, in Rensselaer; there's successful examples in Utah. It does not have to be an urban environment. Mayor Suarez: Do you know the extent of Philadelphia's involvement - the city of Philadelphia's involvement in that particular... Dean Hopkins: Yes. The City of Philadelphia gave to this consortium, which is primarily University of Pennsylvania, 200 feet on either side of Market Street. It was a piece of property, an area the City was very concerned about it's economic development. 171 November 13, 1986 Mr. Dawkins: Tvo hundred feet. Mayor Suarez: Writ, 200 feet, that... as a good engineer, does not define the area for me, just. the feet. Nov, 200 feet by how deep, now? How big an area was it? Dean Hopkins: How many blocks? They gave them 200 feet on either side of Market Street. Mayor Suarez: Right. Dean Hopkins: And I'm not precise. I'd say it's a ten -block long area. I can tell you right now the development that' has gone on there, if I have that particular piece of data before me. Rightnow the facility covers 17 acres, to be precise. Mayor Suarez: All that was ceded by the City of Philadelphia, owned by the City of Philadelphin prior to that? Dean Hopkins: I can't be precise on that. The data that was given to me by the City... Mayor Suarez: Gotta to call the Mayor of Philadelphia and ask him if he's got more land like that. Mr. Dawkins: Yep, that's right. Dean Hopkins: I think it. would be , rth looking into. Mrs. Kennedy: We must invite him to make a presentation. Dean Hopkins: Right now there are eleven buildings on those sites. It is 1,200,000 square feet of industrial development, downtown Philadelphia. The capital investment at this point is $60,000,000 dollars. The new development under planning or under construction is $70 million new dollars at this particular time. That's their success story. Mr. Dawkins: OK, so they gave you 200 feet on each side of Pennsylvania Avenue. Dean Hopkins: Market Street. Mr. Dawkins: Market Street. All right, Mr. Bailey, what's wrong with giving him 200 feet of any one of the arteries we got in the Park Nest area? Dean Hopkins: Let me ... may I... Mr. Dawkins: Two hundred feet though, where you can build an office. I mean, we're trying to develop the area, sir. Dean Hopkins: Let me say a step further. Mr. Dawkins: OK. Dean Hopkins: I met with your City Manager and spoke of this. There are several activities that have to happen. Mayor Suarez: Well, you... how many acres did you tell us it was in Philadelphia, to complete the comparison here? Dean Hopkins: Right now there are 17 acres. Seventeen. Mayor Suarez: You're giving us linear feet, and that confuses everything. Dean Hopkins: Seventeen acres. Mayor Suarez: Seventeen acres? How many acres... how big is our lot over here? Mr. Gilchrist: It's just a little over six acres. But let me say something about this. You know, there's several parts to making this work. 172 November 13, 1986 Dean Hopkins: Tee, Mr. Gilchrist: One if the incubation center for new businesses, and that requires r very Small Amount of space. As they grow, they become both a need for a rerearch park, vhich it primarily a reel estate issue, should be in the private rector, quit.R frankly. Dean Hopkins: ,hrt'r correct. Ve're not... University's not in the real estate hurinprs. Mr. Gilchrist: Then aS it expands, it. goes into areas like Overtown, Southeast, Fork Vest, h'ynvood, the garment center, the design center, and so on. It reaIly will Mork... Mr. Dawkins: Putare ve...7 OK. Mr. Gilchrist: ...and it's one of the most exciting potential economic developments for the neighborhoods in the City. Mr. Dawkins: Mr. Gilchrist, are you saying to me ... all I want to know, from you and this gentleman: do you have lifetime rights to this property, is that what we're saying? Mr. Gilchrist: No, sir. Mrs. Kennedy: No. Dean Hopkins: No, air. Mr. Dawkins: All right, so, OK, so what we're saying is that, when we give them this nucleus, as you say, incubator to grow a business out of, these businesses will not be put on this piece of property. Dean Hopkins: That's correct. Mr. Gilchrist: That is correct, sir. That's the point I was trying to make earlier. Dean Hopkins: May I... Mr. Dawkins: OK, all right, that's... all right, that's what... Mr. Gilchrist: It will expand into the City of Miami. Mayor Suarez: Or, if they are, they'll have to pay the City for... Mr. Gilchrist: They will pay their way; and by the way, I ... Commissioner, I have an appraisal on the property, at eight million... Mr. Dawkins: OK, I'm going to move it, because I'm ready... Mr. Gilchrist: Eight million. Mr. Dawkins: I'm ready. I'm going to move it, because I'm ready to get out of here. The only thing I got a problem with is number seven. Mrs. Kennedy: What are you asking from us today? Mr. Gilchrist: We're asking your approval to FIU to assign the space, that 2,000 square foot, to BRIC, to start us in business. It's a legal technicality we have to do. Mrs. Kennedy: OK, second. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. Mr. Dawkins: OK, hold it, before you move it, sir. Number seven. Mr. Odio: Number... number...? i Mr. Dawkins: And why is it the City will clean and maintain the space donated to FIU under this agreement? Why we got to clean and maintain the space? t 173 November 13, 1986 Mr. Gilchrist: Sir, you can change that. That agreement was entered into before I was involved. Rut you can change that if you would like. I mean, that Ia. .. Mr. Dawkins: vpll, i cpn only change it if he Agrees to change it. I mean, you got it still in the FFrFFment. Mr. Gilchrist.: Vp hpvp providF& them usable office space right now. Mr. Dawkins: And so a-hpt. you're Baying is, the same people who clean our offices will clppn theirs. Mr. Gilchri€t: TfF , air. Mr. Dawkins: OY, no problem. Dean Hopkins: Corrrnissioner, ... Mr. Dawkinp: Po problem, no problem. Dean Hopkins: ...Mayor, may I make one final statement? I'd like to leave an impression. There are three activities that are important. One, ERIC, is a catalyst we hopefully will create business - small activity, it's a do -good business. The second activity, we hope to bring with the University of Miami, a center of research excellence here. We have a good possibility right there. Mayor Suarez: Funded by the State. Dean Hopkins: Right. Mayor Suarez: Just to clarify for all of us who are here. Dean Hopkins: Thirdly, there is a potential here for research parks and urban developments. We're not in that business. We're only suggesting the City and developers should be prepared to make the businesses stay in the City. It's as simple as that. Mayor Suarez: The one thing that I take notice of, and I'm very happy to hear, is that you are cooperating with the University of Miami. I was hoping that it wouldn't become a war between the two universities, and I'm sure that it involves Miami -Dade Community College also, since you're related to Miami - Dade Community College. Mr. Dawkins: And it also involves Florida A & M, because I got that commitment from them before they'd give them anything. Mayor Suarez: Right. So, that's good, that it involves all the universities, and it doesn't... Dean Hopkins: If we're successful... Mayor Suarez: exclude anybody. Dean Hopkins: ...in creating Philadelphia's model, it's included all their colleges, all of their hospitals, and all of their civic and public institutions. Mayor Suarez: And yes, we do want you. Dean Hopkins: It's been very successful. Mayor Suarez: Yes, we do want you in the City. So, thank you for your presentation. We have a motion and a second. Please call the roll. The folloving resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 66-940 A RESOLUTION AFFROVJNS THE ASSIGNMENT BY FLORIDA INTERNATIONAL UNIVFF,SITY OF AFFROXIMATF.LY 2,000 SQUARE FEET OF CITY OT V7A►SI poi-,A—m) srACF TO THE BIOMEDICAL RESEARCH AND I f,140VA T i ON CEh'TF F ( R R I C ) FOR THE FiiRFOSE OF ESTABLISHING FIOM1FDICAL RFSE.ARCH FROCRAMS AND AN INNOVATION CFN!TF.F IN ACCOF.DATdCF VITH ITEM 4 OF THE AGREEMENT FY,F'CUTFT) J0,TF 12, 19F6, RF_716TF:N THE CITY OF MIAMI AND FLORIDA INTERNATIONAL TTNIVF'R.SITY. (Here follows body of resolution, emitted 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 Rosario Kennedy Vice -Mayor. Killer J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. ------------------------------------------------------------------------------ 57. BRIEF COMMENTS AND TEMPORARY DEFERRAL OF DISCUSSION CONCERNING THE RENEWAL OF CITY FUNDS FROM DEPOSITORY BANKS WHICH REFUSE TO FINANCE CITY PROJECTS IN DISTURBED AREAS. (ALSO SEE LABEL 060) ------------------------------------------------------------------------------ Mayor Suarez: Item 87. No? Mr. Odio: This was placed in the Agenda by Vice -Mayor Dawkins. Mr. Dawkins: Yes, sir. Mr. Mayor and fellow Commissioners. We have $72,800,000 deposited in banks in the City of Miami. Now, I'm going to read to you just excerpts from a study done by Legal Services of Greater Miami about Sun Bank, which applies to all of the banks, OK? Where is it? Mayor, I can't seem to find my... I'm looking for the thing that they did on the banks. It's still in their bank and they're still making interest off our money. So my figures are correct. Anyway, we have banks that refuse to fund businesses in the Black community and the Latin community and the poor communities. These banks also refuse to fund economic development, or even people trying to go in business. So, Mr. Manager, I don't have my report. I'd like for you to... is the gentleman here from Legal Services? I asked him to come, that did the study? Yeah, I need the study; where is the study? UNIDENTIFIED SPEAKER: No, he isn't here. Mr. Dawkins: See if you got one upstairs. Go on with the next item, while I try to get my act together here, please. Mr. Odios Yes, sir. 175 November 13, 1986 58. DISCUSSION OF EXPIRATION OF CONCESSION CONTRACTS FOR ORANGE BOWL AND MIAMI STAPI TM; ISSi3ANCE. OF REQUESTS FOR PROrOSALS FOR CONCESSION RIGHTS AT THE OR4NCE BOVL AND MIAMI STAPIUM. Mayor Suarez: Item 8S. Mr. Odio: The reReon we brought this item for discussion, Mr. Mayor, is that I need A policy decision. As you know, the Dolphins are leaving; this is their last. FFason. And with them, the concession agreement expires for the Orange Fowl. Mayor Suarez: Vhfn's that? Mr. Odic: It expires in January, and so does it expire for the Miami Stadium. Therefore they revert back to the City, and the decision I need from the Com=r.•ission is whether you want me to go out to the private sector and advertise, through sn RFr for the concession rights, or whether you want the City to run it, or... Mr. Dawkins: The first thing I want is Mr. Joe Robbie to understand that everything he has with the City of Miami expires December 31. And on December 31, he must get, everything he own and possesses out of our premises. OK? Mr. Odio: Yes, sir.. Mr. Dawkins: I want it out. Mr. Odio: Oh, yes, sir. Mr. Dawkins: And then, when he gets it out, we will let him back in on a month -to -month basis, OK? Mr. Odio: Their contract expires, yes. Mr. Dawkins: All right. Now, if you let Mr. Robbie stay in there one day past his contract,... Mr. Odio: You know what will happen. Mr. Dawkins: He has a right to be in there until he gets ready to leave. Mr. Odio: Yes, sir. Mr. Dawkins: So, Ms. - Madame City Attorney, put Mr. Joe Robbie on notice that he must vacate Orange Bowl with every piece of equipment and everything that he has by December 31st. Mrs. Dougherty: It'll be done. Mr. Dawkins: OK? And then, if he wants to sit down and negotiate a month -to - month storage fee, or what -have -you, then with that in mind, Mr. Manager,... Mr. Odio: Yes, air. Mr. Dawkins: ...we can, I think, fellow Commissioners, go out for bid for the concessions, and then we can get the money from the concession instead of Mr. Joe Robbie, OK? Mr. Odio: I will bring the... Mr. Dawkins: Because if you don't do that, for the Orange Bowl on January 1, we will not have the concessions. Mr. Odio: We own the concessions, January the 1st. Mr. Dawkins: Yeah, but, if you don't get Mr. Robbie out of there, you can't. Mr. Odio: That's correct. 176 November 13, 1986 ON Mayor Suarez: ithich one of the three, now, given that - and I think that's a very good point - which one of those three alternatives do you recommend, and why? Mr. Odio: I recommend that - and based on experience, nov, and talking to Valter Colby, who has more experience than I have in this field, is that we should go out to the private sector, and get the best concessionaire possible for both stadiums; that it be one concessionaire for Miami Stadium and the Orange Row). Mayor Suarez: You're talking about alternative number three? Mr. Odio: l guess. I'm not looking at it. Mayor Suarez: The management agreement? Concession management firth, is that what you mean? Mr. Odio: Yes. Mayor Suarez: And not go out for RFP, not try to decide...? Mr. Odio: No, no, no. No, no, I'm going to ask...I mean, go out for an RFP and have the best concession company that comes in with the best offer, which is ... have both stadiums at. the same... Mayor Suarez: And that's alternative two? Mr. Odio: I guess I'm not looking at the alternatives. Mayor Suarez: Well, I'm trying to figure out —you've given us three alternatives here. I'd like to know which one you're talking about. Mr. Jack Eads (OFF MIKE): It's alternative one. We're saying to put both the stadiums together in that... Mayor Suarez: Well, I. got that, but which of the three... Mr. Odio: Let me tell you what I recommend, without reading, is that we go out to the private sector and offer this concession to the best company that we can find, to run both stadiums, and we would get a percentage. We can make a better... Mayor Suarez: How do we do that? Do we go out and prepare an RFP? Mr. Odio: Yes. Mayor Suarez: Or do we just simply look around... Mr. Odio: Oh, no. Mayor Suarez: ...for a management firm, or which one of the three you recommend? Mr. Odio: I would recommend we put out an RFP, and we go strictly on a percentage basis. They pay all the expenses, they run the operations, and we get the profit. Mayor Suarez: We can prepare that in - house, that RFP? Mr. Odio: Yes, sir. Mrs. Kennedy: Sounds logical to me. Mayor Suarez: Sounds good to me. OK. Want to make it into a form... Mrs. Kennedy: So moved. Mayor Suarez: OK. And you think that both facilities should be together? Mr. Odio: Yes, sir, that it would... it's more manageable for us, and you get better quality also, because they have... 177 November 13, 1986 Mayor Suarez: OR, moved and seconded. Or moved, so for - right? Mrs. Kennedy: 1 636 move. Mayor Suarez.: Vhfn yru paid ''rounds goods to me," it sounded like a motion to me. Mrs. Kennedy: No, and than I said "I so move." Mr. Odio: I'll bring an RFF on December... on December 13. Mayor Suarez: It. would be... Mr. Od3o: Or the next meeting. Mayor Suarez: ...probably on a year-to-year basis, Mould it not? Mr. Odio: No, no, it would have to be at least five years. Mayor Suarez: Five? Mr. Odio: You have to have it five years, because of the capital investment... Mayor Suarez: Yeah, just make sure that we put in the usual provisions that says that we can always buy it back somehow, without having to... Mr. Odio: Oh no, we'll have a clause of termination, based on performance, that will be outlined up front. Mayor Suarez: OR. We're becoming experts at those, now. Mayor Suarez: There was a motion. Second? (INAUDIBLE SECOND BY MR. DAWKINS) Mayor Suarez: Thank you. Call the roll on that. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 86-941 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS FOR THE CONCESSION RIGHTS AT THE ORANGE BOWL AND THE MIAMI STADIUM, ON A PERCENTAGE BASIS; FURTHER STIPULATING THE REQUEST FOR PROPOSAL IS TO BE DRAWN ON A FIVE-YEAR BASIS; AND FURTHER DIRECTING THE ADMINISTRATION TO BRING THE R.F.P. BACK FOR COMMISSION CONSIDERATION AT THE DECEMBER MEETING. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 178 November 13, 1986 59. PERSONAL AFFEARANCE: ANN MARIE ADKER. (a) OVERTOWN JOBS PROGRAM; (b) OVERTOWN CULTURAL ARTS ASSOCIATION; (c) LEGAL SERVICES. Mayor Suarez: Item 89. Mr. Odio: We go back to 877 Mr. Daaykins: No, I still don't have my... they're looking for my... Mayor Suarez: Fighty-nine, so we can... Mr. Odio: Thst's Madame Adker. Mayor Suarez: Ann Marie? Ms. Ann Marie Adker: You sure? We were supposed to be back on the bus at six. Mayor Suarez: Wait - this item was scheduled for what time? Ms. Adker: 5:05. Mayor Suarez: I guarantee you that for at least - I think it's a fair statement to may that for at least the last five years, this is the closest anybody has come to a 5:05 scheduled item. But go ahead. Ms. Adker: But you promised you was going to do so much better. (Laughter) Ms. Adker: And you are here, remind him every day... Mayor Suarez: I mean under the prior administration, Ann Marie, it might be one o'clock in the morning now instead of 6:42. Ms. Adker: We knew what to expect and we came a certain time. We didn't follow an agenda. But you was supposed to, oh, clean that act up, and here we're running an hour and something behind. however, that's neither here nor there right now. Mayor Suarez: We'll do a little better next time. We'll come within an hour instead of an hour and a half. Ms. Adker: Appreciate it. I really would appreciate it. You might have to give us limousine services back to Overtown. For the first item, I think I'm going to let Mr. Benjamin present the problem with the Overtown Jobs Program. But just before he does, I would like to say to —well, we lost another member. We got a problem. Mayor Suarez: We got a problem with Benjamin, too, because he's used up his appearances today. Now, how many times have we heard from you? Ms. Adker: Well, this is... I'm requesting this this time. Mayor Suarez: Go ahead, Ann Marie. Ms. Adker: What I began to say is that I want you to be sure and listen to us clearly. Very, very clearly. Because these are problems in Overtown, and I don't want to have to come down here again about them. Come on, Mr. Benjamin. Mr. Donald F. Benjamin: My name is Donald F. Benjamin. I live at 417 N.W. t Street. Mr. Mayor and Commissioners, I think the situation with the Overtown Jobs Program is pretty well cleared up. I just spoke with the City Manager, and he cleared it up. But I'll tell you what the problera was, just for the record. The City has decided to consolidate all the various job training and employment programs, and one of the programs that is of great interest to us is the Overtown Jobs Program. The City is satisfied that that program has 179 November 13, 1986 been a tremendous success, and we agree with them. We had the problem that because of its :success they wanted to take it out of Overtown and just leave one or two Outreach personnel; and we felt that. from P strictly sociological standpoint anyway, that. if an institution is 8 rucceFF, you don't move it. out of a particulAr area, especislly Pn area like 01rert.odn, that. wr-'re trying so hard to upgrade. Cry VP diFPArPPd with the City in terms of relocating the program, And ve spent some time with the 115PnagPr, and he �Tery graciously agreed that the management. And tdminiFtrFtA vP personnel of the consolidated program would be p)Pced in OvPrt.own, and the Out -reach would be in different locations. Nov, that's the vay wP understand it.. I trust. that t-hat's the agreement we have. I FFP tar. Castaneda is up. (Lnught.er) So that is basically it. We are eatisfi.ed that the City Manager has agreed to place the management Pnd administrative part of the Jobs Program in Overtown, and place the Outreach in various other parts of the City. Mayor Suarez: You've agreed to that? Mr. Castaneda: Yes, sir? Mayor Suarez: Is that agreed to? Is that... at least as a general statement, a correct statement of ghat...? Mr. Castaneda: No. Mr. Odio: I think it's the opposite. Mr. Castaneda: It's the opposite. Mr. Benjamin: No, no, no, no, no. Mayor Suarez: I'm glad I asked. Mr. Benjamin: No, no, no, no. Mr. Odio: What did you tell him? Mr. Castaneda: No, what we had agreed was that the operation of the service... related service to the Overtown community would stay in Overtown,... Mr. Odio: It's going to stay there. t Mr. Castaneda: ...but that the administration would be going to our building under a consolidated program. Mr. Benjamin: No, no, not I went over that, over and over and over, to make sure that we understood, and that was the agreement. Mrs. Adker was there, f Reverend Nevin was there, Matthew Schwartz was there, Walter Pierce was there... Mayor Suarez: Well, which of the two functions involves more people? The administration, or the... Mr. Castaneda: No, the... Mayor Suarez: I hate to even ask that question. It should be obvious the - nonadministration. Mr. Castaneda: Commissioners, what we're doing is consolidating the three jobs programs throughout the City,... Mayor Suarez: Right. Mr. Castaneda: ...and the administration of the programs is going to be operated from 1145 N.W. llth Street. What we had agreed on the meeting was that the operational aspect of the Overtown part would not be leaving Overtown, and we'd be working with Miami -Dade Community College and staying in Overtown. Mr. Benjamin: No, that is not the agreement. That is not the agreement, and I went over that several times - several times. The agreement, as we understood it - I may speak with an accent, but so a lot of us around here do. (Laughter) But the agreement, as we stated, and as we understood it, was that ISO November 13, 1986 the management and adminir!trative sections of the program would be located in Overtown. The Mpnaper even decided he would have a big rign up Paying, "City of Miami" and ''Jobr rrogrrm,• and the whole works. BecauFe we think it is important, the, raid vpv we spoke about the other issue just. P while Pgo. We are trying to mei^e Fur,- that- Overtovn pets iFpp-aded, Frd every little aucceFF''. Mayor Stsare2.: Yeah, I thcught when 7 heard the City mrnager tell me Fbout the idea init,3a33y, it vas to bring mere of the program into OvFrtown, not a net loss to chrertown. Mr. Odio: That's Fy,actly whFA ve vent to do. We need to be out where the community needs Pre, not sittinp on 1145, whatever that building is. Mr. CastenedP: Yeah, but not to... Mr. Odio: Now, I will work. with Frank to make sure that they're going to get a full service Outreach program like it is now, and improve it if we have to. I have inst.ructFd Mr. Bailey in the past that I want to have the offices that reach out to the people for employment to help minority participation in businesses to be out where the community is, not... Mayor Suarez: So you're going to have a net gain in Overtow•n. You're going to have more staff that we do now. Mr. Odio: That is correct. And whatever that means will be translated to what you're going to get. It means that we want to be where your needs are, and not in a main building somewhere. Mr. Benjamin: Mr. Mayor. Mayor Suarez: We're going to monitor that, Don. We're going to monitor that to make sure that that deal is what you expect it t, be. Mr. Benjamin: You see, my problem is that I'm hearing several different things. And that's exactly what I tried to accomplish in our meeting: to make sure that I heard one thing. And now I'm still hearing several... Mr. Odio: Let me repeat it one more time. I mean this. And I have said this a long time ago, and I'll repeat it again. We need to be where the community is, not hiding in big buildings somewhere in downtown or anyplace else. So we will work out that office so that you have a full service employment office. Not only that, we should have Outreach to minorities to be able to fill out forms so they can bid on City jobs. OKI I told you that. By "jobs" I mean in purchasing, and in capital improvements, and any other type of work we do. That's why you cannot participate now, because you cannot...You don't even know how to fill the forms out as some people do, and they get disqualified. We talked about that. That will be a full service office. Mr. Benjamin: Well, I don't quite understand what that means, but... Mr. Odio: I'll be glad to sit down with you again and go over one more time what we intend to do there, so that you fully understand the problems that we also have. Ms. Adker: Out of that comes another concern. Our mini —substation. Now we discussed that, and the mini —substation... Mr. Odio: Fine, we're going to do that, and...I just... Ms. Adker: You said that you will make it visible for us. Mr. Odio: Yes. Ms. Adker: That it would be relocated into the shopping center. Mr. Odio: Yes. Yeah, we're going to do that. Ms. Adker: Now, today, Ms. Janet Reed... Mr. Odio: Who's she? 101 November 13, 1"6 Ms. Adker: ...comes in and says that - See, there are games being played here, OK? The mini -substation will go into the same office as the Jobs Program. Now, I wish you would clarify this. Now in the world could you work a program out of a mini-Fubstation? Mr. Odio: No, no. Mr. M. Schwart There is F 1,400 square foot space available in the shopping center that r•ould bf Fubdivided and separated, but the idea would be to move the mini-FubFtation out from the neighborhood facility where it is now. It has 300 Fouare feet. to... Mayor Suarez: lion• many different, shops are you going to break that down into? Mr. Schwartz: One. We're going to break it into two components. Ms. Adker: Wait just a minute. Where's Mr. PenjFm3n7 Oh, there he is. And you mean to ... Nave you been in there to look at the space? Mr. Schwart.: Not recently. Put City staff has been there today. Ms. Adker: You need to go in there, look at the space, and see how you are going to service a viable - I'm talking about. a viable - jobs program out of there, along with a mini -substation. I mean, don't play games with us. We're tired of that. Mr. Schwartz: Mrs. Adker, we will have the plans that you can review and see if it meets the acceptance of Overtown Advisory Board. We feel that we can do it. If not, we'll come back and there's other space in the shopping center we could split. Mr. Dawkins: What happened to the idea that the Jobs Program would operate out of the Center for Miami -Dade Community College? Did they turn that down7 Mr. Schwartz: I believe that's one of the things that they did not want. There is space at Miami-Dade's office for it also. Mr. Dawkins: OR, that's all right. I just - I'm asking. If they don't want it, I mean, that's fine. I just wanted to know what happened to it, that's all. Mr. Benjamin: No, no, no, no, that was never presented to us. Mr. Dawkins: Beg pardon? Mr. Benjamin: That was never presented to us. About using space at Miami - Dade College? That was never presented to us. Ms. Adker: I knew about it. _ Mr. Castaneda: No, that's the office. Ms. Adker: They were going to put one person in at a desk in the space that Miami -Dade Community College now has for orientation, skills - employability skills - and teaching, you know, qualifications for G.E.D. Mr. Benjamin: At the shopping center. Ms. Adker: And they were going to put one person in there to do what with the Jobs Program while the upper echelon go to... Mr. Dawkins: So what did you say you're going to do now? Mr. Castaneda: We're going to have a full service... i Mr. Benjamin. How many people are you talking about in 1,400 square foot of space? Ms. Adker: And which are divided. Mr. Castaneda: Commissioners, let me explain what our original intent was, . and... 182 November 13, 1986 Mr. Dawkins: That's OK, now. Let's go on. Let's let them go ahead. You eats explain to me later. Mr. Csstsneda: OK. Mr. Drsvkins: Because it's getting late. Go ahead, Mrs. Adker, please, darling. Ms. Adker: Vhen he has put it all together. But listen, let me tell. you somet;.ing right now. And I'll go back to your City of Miami Commission prioritizing Community Development funds, wherein it's only, I believe, one area that actually gets the whole bulk of the money. But I want you to listen to me, because you've been ripping us off a long time. We'll go on to, and hopefully this Overtown Jobs Program is viable now, and everything. We want it to remain in Overtown, and we intend to sae that it stays there. Mayor Suarez: Absolutely. Mr. Dawkins: OK. No problem. Ms. Adker: OK. Parks and Recreation. Mr. Dawkins: Good one. Ms. Adker: Yeah. You have in front of you a summary of the things that we've gotten together and discussed from time to time. You know that we've had a problem with our parks in Overtown. You, Commissioner Dawkins, have been gracious enough to come in and help us do some things with the parks. I don't care if you bring those parks up to fit the parks in wherever. If there is no activities going on in those parks, creative activities that can draw in the family - the family - into those parks, those parks are of no use to the people in Overtown. Mr. Dawkins: And no place else, Mrs. Adker. Ms. Adker: Well, that's true. We suggested to Mr. Eads some time ago, a young man who we have watched and monitored through the years, and he works for Parks and Recreation, and we found that this young man has concern for Overtown, and we suggested his name, Freddie Johnson; and I don't know what their problem is, but I'm going to make that suggestion again, and see if they accept it, because we're getting actually nothing right now. The next item on here is the Overtown Cultural Arts Association. And I want you to make sure you read this summary, because this program is very near and dear to the people in Overtown. There is a need for our people to know of their heritage, and it is a rich heritage, and if they don't know about it, then it's bad. They don't teach it in school. But I think to know of their heritage instills a great pride in them. During the last ... during the funding allocations, I found out through some source that the Overtown Cultural Arts Association was not funded. Oh yes, I found that out from Parks and Recreation. Then I came - back before this Commission. Commissioner Dawkins made a motion, and as far as I could hear, it was passed. What happened to the money? Mr. Dawkins: Mr. Manager? Mayor Suarez: Mr. City Manager. Mr. Odio. Mr. Dawkins: Mrs. Adker wants to know where her $31,000 is. Please tell her. It's in the budget. Mayor Suarez: It's in the budget. Means in theory it's going to be spent for I what we wanted it to be spent. Now, how about in practice? When is it going to be spent for that? Mr. Dawkins: No, how can she get to it? That's what she wants. Mrs. Adker's . question is, how can she obtain it? She wants —it being in the budget won't help her. What she's saying is, how can she get her hands on it? Ms. Adker: I want it in the budget, to be expended to the Overtown Cultural Arts Association, for that program. t 1 183 November 13, 1986 Mr. Odic: Fine. You will meet with Kathy Noble, tomorrow I hope, and Mork it out. Mayor Suarez: What time tomorrow? Ms. Adker: Wait a minute, wait a minute, wait a minute. Tomorrow never comer. Mayor Suarez.: No, wait, we're going to set the time. Tomorrow, nine o'clock in the morning. TF that.1.7 Mr. Odio: She'll come to you. She'll come to you. Where are you going to be? Mayor. Suarez: Where are you going to be tomorrow at nine o'clock? j Mr. Odio: Gibson FRrk7 i Mayor Suarez: Your place? j i Ms. Adker: You're coming? j (Laughter) Mayor Suarez: Kathy's coming. t (Laughter) Mr. Odio: You want me to come? I'll come. Mayor Suarez: Listen, if we get him out of here for a little while, that won't be a bad thing at all. Ms. Adker: Listen, let me tell you something. I had more cooperation when Odio was over Parks and Recreation - you understand7 i Mr. Odio: Oh -oh. a Mayor Suarez: That's a good suggestion. That's a good suggestion. Mr. Dawkins: That's since he's been Manager, huh? Since he's been Manager, —± huh? (Laughter) Mr. Odic: I tell you what, I'll take that job back. Ms. Adker: I used to plan meetings just to call him and have him come over. He never missed a meeting. Mayor Suarez: I'm going to give you the organizational chart of the City of Miami. You redo it any way you want. (Applause) Ms. Adker: Thank you. Uh-huh. Mr. Odic: OK, no, but she'll be there tomorrow at any time you grant. Mayor Suarez: Tomorrow at eight o'clock. Mr. Dawkins: Where? Mr. Odio: Eight o'clock? She won't be up at eight o'clock. Mayor Suarez: Nine o'clock, I'm sorry. Ms. Adker: Nine o'clock at Gibson's Park? Ms. Kathy Noble: It doesn't... I'm always at work by 7:15. Whatever time you say. 184 November 13, 1986 Ms. Adker: Nine o'clock at Gibson's Park? Mr. Odio: Will you be up by nine? Ms. Adker: perpy, 71m up at. 4:30. Mayor Suarez: 1,ve celled you at 4:30 in the afternoon, you've been sleeping. But go ahead. Ms. Adker: Iei), rrayhe that's about time to go back to bed. Let's go back to legal werviceF. Legal Services of Greater Miami is an agency that we have to rely on in OvFrtoFn. Pont forget, we're too poor to be able to get an attorney or... Mr. Dawkins: Legal PrFi.FtFnce. Ms. Adker: -- that's right - ourselves. So we have to rely on them. And our problem is derived from what you all have been doing to us. You've given...you've created the problem. You have actually perpetrated what is happening with us. And €o now we need Legal Services of Greater Miami to protect us from your perpetration. Several months ago I came down and gave you a budget and a proposal for legal services. I wish you would consider this. In fact, you said your excuse was we didn't have anybody here to explain it. Mayor Suarez: Aha - now I see Marcia. Ms. Adker: Mrs. Cypen. We have with us Marcia Cypen this afternoon. I mean, really, if it wasn't for these people, many of us wouldn't... Do you have a budget with you7 Ms. Marcia Cypen: I did not bring a budget with me. I thought you might want to ask some questions about what we would do with the money. Mr. Dawkins: We're not. She's telling you to talk. We're not asking you any questions. Mrs. Adker's telling you to talk. Ms. Adker: Well, the reason I a: ed, because you were the ones who said that you probably had some questions L ut... Mayor Suarez: Well, what you need to be able to... She wants to increase personnel there, right? Ms. Cypen: We have an office in Overtown right now that's... Mayor Suarez: How many? Ms. Cypen: We don't have a full time office. Mayor Suarez: Not even one full-time attorney? Ms. Cypen: We're open from nine to one, Monday through... Friday? Monday through Friday. Barbara Malone is the directing attorney there. All of the staff are housed in the Northside Shopping Center and they go down there. We have a paralegal there who does intake, screening, and referrals; and a paralegal comes, on Tuesdays, I believe it is, to see Public Benefits cases, and an attorney comes on Thursdays to see Housing cases. But we don't have enough money to open it full time, and... Mayor Suarez: The entire Dade County Bar Association cannot staff to the extent of one full time lawyer all the time in Overtown? Ms. Cypen: The Dade County Bar Association? Mayor Suarez: Bight. Ms. Cypen: You're talking about a private attorney, or talking about them giving us money? Mayor Suarez: Well, private, but not paid, attorney. Mr. Dawkins: Pro bono. 185 November 13, 1986 Mayor Suarez: As in pro bono. Ms. Cypen: The private attorneys that we have working with Legal Services on a pro bono basis - we have several panels and they accept referrals from us. But all of the... Mayor $uare7: put not to have Fomeone there, staffed full time? Ms. Cypen: wall, firFt of all, they don't take cases that are the type of cases that are prpFentfd in Q'*crt0Vn. They don't have any experience in rublic PenefitF, in Social Securit-y... Mayor Supre7.: khy don't use ask them to put a full-time, paid lawyer in Overtown, for any kind of case t.hpt comes in? Ms. Cypen: I'vR been working on trying to get pro bono attorneys for a long time with Legal Services, and I'm also a member of the Dade County Bar board of directors, and... Mayor Suarez: What do they do with all the money we paid in Bar fees? Ms. Cypen: The dues? Mayor Suarez: Yeah. Ms. Cypen: Apparently they're running the Bar with it, but they have not seen fit to ... I don't believe... Mayor Suarez: What does the Bar do? Ms. Cypen: I only got on the board recently. I don't... Mr. Dawkins: She said the bar - the whiskey bar they run, too. Mayor Suarez: Oh, that's right, they supervise elections and they say who has acted badly or... Ms. Cypen: They run the Legal Aid Society. They use some of the money for that. But they, I don't believe, would...I mean, I'll take the money if they want to give it to me, but I would think that that is a... not that fruitful an effort, to try and get money from the Dade County Bar. Mr. Dawkins: Well, I'm going to try to give you some as soon as I get to my banking situation. Soon as I get to my banking situation, I'm going to try to give you some money. 3 Ms. Cypen: If we had more money, we could expand to have a full-time presence there, so that we could help ... We are just swamped with people in that office, I and the kinds of things that we're doing there have been very beneficial to the community. We're working with the St. John's Church in the redevelopment that's going on there. I'm sure you're all aware of some of the work we're doing. Mayor Suarez: Oh, yeah. Ms. Cypen: But we just ... We start our lawyers at 416,000, and... Ms. Adker: We need that office full time in Overtown, because, I mean, the problems aren't going away. And they are tremendous problems. Mayor Suarez: We know the problem. See what we can do. The only thing I can think of is to go to the Dade County Bar and see if they'll help us. Ms. Adker: Who's going there? Mayor Suarez: I'll go. Do you want to go with me? We'll go before her board. Ms. Adker: Wait a minute. We can't get any funds to support this Legal Services agency? 106 November 13, 1986 Mayor Suarez: You rant the City of Miami to get into legal services? OK. Me. Adker: you're gotten into everything else. I mean, this is for the protection of your... Mayor SUFrP2: Much to the dismay of certain people in the County. Ms. Adker: ThRt's right. Mr. Odio: Don't look st me. I got nothing to do with it. Mayor Suarez: Tho City Monsger's hiding when I look over there. Well, valve never done it, before. If somebody wants to propose that. Ms. Adker: We need the help. Mayor Suarez: I sgree. Ms. Adker: The evictions haven't stopped. They need you over herep Commissioner Kennedy. (Laughter) Mrs. Kennedy: I'm here. I can listen. Ms. Barbara Malone: It's not just the evictions that are a problem, but... Ms. Hirai: Excuse me, we need your name for the record. Ms. Malone: Barbara Malone. I work in the Overtown office and I've been there for three years. One of the major problems in Overtown is code enforcement in getting the landlords to fix up the buildings. We have three class actions going there now, and three buildings where tenants, the entire population of the building, was being put out by the landlord without eviction action. We have some members of the private Bar that help us with those cases; and what we're trying to do now is get a panel of lawyers from the private Bar to co -counsel with us. But they don't have the experience in handling cases like that. We could be handling a dozen cases like that, and helping the County and the City getting those buildings fixed up and preserving low income housing stock for poor people - if we had the office open full time. Mayor Suarez: OK. I see it. Ms. Adker: I don't want you just to sit there and look pretty. I need an A man on what... Mayor Suarez: You've got no proposal on that particular issue, other than to go to, basically, the private Bar Association, which I will do with you. There's no other motion on that. We can't solve that problem for you at this point. Nobody's proposing anything. We want to go back and get a couple of other Items resolved. Ms. Adker: You cannot fund legal services? Why? What's the problem? Mr. Dawkins: No money. Ms. Adker: Aw, we really get it. By the time we get here there is no money. Mr. Dawkins: But we found money this morning. Ms. Adker: For what? Mr. Dawkins: For ... Mr. Castaneda. Mayor Suarez: Frank. Mr. Dawkins: What's that organization you just gave money to? Mr. Castaneda: For what? Ms. Adker: Yeah - for what? See, he don't even know. November 13, IM (Laughter) Mr. Dawkins: OK, that's all right, I know which one it wes. No problem, forget it. That's all right, I know. Go ahead. Go ahead, Mrs. Adker. Mayor Suarez: OY, Ann Marie, have you completed your presentation? We have a couple of othEr items to resolve tonight, including one very important one... Ms. Adker: Vpit JuFt a minute. Mayor Suarez: TFSh. Ms. Adker: I have completed the presentation this time. Now I want results, from what we... Mayor Suarez: Fell, we've given you, in a couple of areas, some very specific and concrete answers, including the staffing of the Outreach center, including the parks program in fact, you're going to meet tomorrow morning - including the mini -station, or substation. Ve don't have an answer for you on your fourth item. I'm sorry to say we don't have an answer. We don't even have a proposal at this point, except to try to go to the private sector and get the help - to go to the private Bar Association. Ms. Adker: I gave you a proposal several months ago. You mean for legal services? Mayor Suarez: Well, all right, we have a proposal. We don't have the money for it. Ms. Adker: I will still be back. Mayor Suarez: Oh, I know. I know. I don't doubt it at all. Mr. Benjamin: Mr. Mayor. Mayor Suarez: Don? Mr. Benjamin: This is the last of me. You're not going to see me for the rest of the day. Mayor Suarez: This is four for you. You're going to set the all-time record. Not even Bob Traurig is here. Mr. Benjamin: As the ending of this, the Overtown... Mr. Dawkins: Hey, tell her...hey, don't leave. I'm going to need you. I'm going to need the Legal Services. Don't leave. Mayor Suarez: That's right. You're going to give some instant legal opinions here, Marcia. Mr. Benjamin: The Overtown Advisory Board is planning to have a one -day conference early in February next year. We hope to have a number of workshops to look at all the various dysfunctional areas in the community - housing, unemployment, the elderly, some of the problems we've been talking about here. And we will be submitting to you a proposal for your support and guidance and direction. Mayor Suarez: Thank you, Don. Mr. Benjamin: I may have a copy right now, which I'll leave with you. Mayor Suarez: Great. Ma'am? Ms. Catherine Hutchinson: My name is Catherine Hutchinson. I reside at 1752 N.W. 5th Avenue. I need to know if I am in order right now to produce a different kind of problem that's happening in the Overtown area. Mayor Suarez: Well, if any... You're not on the Agenda, but go ahead, I want to hear what it's about. 188 November 19, 1986 Ms. Hutchinson: I have a letter from Legal Services, and Barbara Malone is here. They are aware of the problems that. I've been having. Mayor Suarez: Right. You understand that we don't run Legal Services. But go ahead. Ms. Hutchinson: No, but 1 was rsked to come here to present the problem, to get help, becPuse... Mayor Suarez: OK. iahat's the nature of the problem? Ms. Hutchinson: OK, we have tried ... 1 have tried to get help from Jacksonville, where robbie Voris is the agent manager for Property Dynamics, 4 Town Park Plaa;a South, Overtown. I am 131, presently have diabetes, am diagnosed as having epilepsy, diagnosed as having peptic ulcers, arthritis, so forth and so on. I have a number of illnesses including cancer, and which I am about to be sent for surgery within the next two days, OK7 All right, I've been harassed and provoked, detrimentally, by the landlord, and I cannot intelligently deal with any more harassment from that area. I have tried to deal with the present board at Town, Park - resident manager, both, and resident agent, who is Bobbie Voris. I have not b,e=en able to get anywhere with it. I requested an investigation from Jacksonville approximately four years ago, and where I passed out a ballot sheet for all the people that were having kinds of problems as I am having. I got the 24 percent vote, wrote a sheet, and got all of their signatures, and we therefore could not get an investigation from Jacksonville at the time. Bobbie Voris was with a company called HSI Management. Of course, now she's not with that company anymore; she's with Property Dynamics. I need someone to get a federal investigation from Jacksonville. As I said, I am ill. I do not care to be harassed anymore... Mayor Suarez: OK, let me cut you short for a second. Why don't you... Are you able to come back tomorrow some time during the day? Ms. Hutchinson: Tomorrow what time? Mayor Suarez: You give me a time. I'll have..I'll give you somebody to meet with from my office. Ms. Hutchinson: I have an appointment, but I'm sure I can talk with my physician, and I'm sure he understands what's going on. Mayor Suarez: OK. Call my office tomorrow and ask for Mario, who's standing right back there. He was just going to go out there and hide someplace, but there he is. He's going to give you a card. Call him tomorrow and he will help you with that. To the extent we can, now - the City's not involved in any of that directly, but we will try to put pressure on the appropriate agencies. Ms. Hutchinson: Thank you, sir. Mr. Dawkins: Is HUD managing —Who's managing that? Ms. Hutchinson: I am under the Section 8 program in HUD in that building, yes. Mr. Dawkins: So what we need to do is find out from you how to put pressure on HUD. Mayor Suarez: Right. Ms. Hutchinson: Whoever. That's what I'm looking for. I want to get... Mayor Suarez: We'll call A.D. Moore. We'll do whatever it takes. Mr. Dawkins: OK, darling. 1 Ms. Hutchinson: I want to get to the point of contact, to resolve the problem. j Mayor Suarez: All right. 189 November 13, 1986 3 Ms. Hutchinson: Thank you, air. Mayor Suarez: Right. We'll jump on Mr. Moore. Not literally, but... 60. CONTINUED CONSIDERATION OF DISCUSSION CONCERNING REMOVAL OF FUNDS FROM DEPOSITORY HANKS WHICH REFUSE TO FINANCE CITY PROTECTS IN DISTRESSED AREAS, REQUESTING CITY ATTORNEY TO LOOK INTO AND REPORT BACK ON SAID ISSUE. (ALSO SEE LABEL #57) Mr. Dawkins: OK, Mr. Mayor, I found my material. We have, according to the charter, the charter says, That all funds shall be deposited with responsible banking institution as furnish such security as the Commission may determine, and shall agree to pay the highest rate of interest. Now, the highest rate of interest, to tie, if a bank is paying five percent, and another bank is paying four percent, end doing things in the community, that's a higher interest, to me. Now, Sun, I have a study here that was done by Legal Services, and we can apply it to any bank in the City of Miami, but it deals with Sun Bank, and I'd like to read here what it says. "In many counties these neighborhoods," meaning my neighborhoods, "are red -lined by Suntrust in conventional home purchasing loans. In 1985, Suntrust did not make a single home purchase loan _ in Black census tracts in Brevard, Broward, Dade, Lee, or Volusia Counties," OK7 Then it goes on to say that Suntrust has not willingly even discussed the creation of a board to do this. They were ordered to have, a public hearing to discuss how they would do economic development and etc., in our area. It says," Miami Overtown community is located directly north of downtown, encompasses census tracts 31 and 34. Suntrust Bank has not made one single loan in that area. Suntrust Bank has not made a single housing loan in the Overtown area in the last five years. That's Sun Bank. Then it goes on and tells us about economic development. It says, "Collectively, Dade County has a Black population of 91,870 people, which represents six percent of the County's population. In the year 1983, Sun Bank made a total of $2,494,000 of home loans. The amount that they loaned in census tracts 85 percent or more Black, $40,000 for a 1.6 percent rate. In 1984 they loaned $6,000,000, $213,000 in the Black community, for 3.5 percent. In 1985 they loan $9,000,000 in Dade County, $275,000 went to 85 percent of a community that was Black, for 2.8." That's in my area. Even in mixed areas, Sun Bank has not adequately met the community housing credit needs. There are 39 census tracts in Dade County with more than 50 percent or less than 85 percent Black populations. Collectively, they have a population of 243,181 people, which is fourteen percent of the total community. Sun Bank, however, has not come near to making 15 percent of their housing loans in that area. So, Sun Bank has not in any way attempted to address the areas that we're talking about. Comes the economic development, it says that, "A variety of community development organizations have been created to promote business and economic development for Black residents. One of the greatest needs of Dade County's various community development corporations, and for minority entrepreneurs in general, is access to financial resources." It says, "Sun Bank has not made one loan to nobody in that area." Now, yet, all right, and this is not only happening to us, now. I will call you back. This is not only happening to us. Here is where a Latin by the name of Pedro Pelaez went to build in Overtown area, where the banks have red -lined, Centrust Bank told him, "We only lend on amounts a million and over." Now, how many poor people can build a house a million and over? Intercontinental Bank told him they weren't interested in going over there at all. Now, here's a man that's got a net worth of $5,000,000, trying to build, and they're not helping him. So, what chance do we stand? Capital Bank, where I just read to you, that we got fourteen and a half million dollars of City funds deposited in Sun Bank...in Capital Bank - Capital Bank told Mr....this was a Cuban, now; this wasn't no Black person, OK? Told him "We're not interested, and we will only give residential second mortgages." So, I'd like for this Commission to commission Legal Services for me, to do the same kind of study on these banks here - Capital Bank, Intercontinental Bank, where we got 19 million, and Glendale federal, where we got 17 million, and find out, what are they doing to meet the federal law, which is the Community Reinvestment Act, and get back to me and let me know what they're doing. If they're not doing anything, I'd like to make a motion that we take the money out of these banks and put it wherever people want to assist us, because it just doesn't make sense, my fellow Commissioners, for us 190 November 13, 1986 to have $72,000,000 of our money in banks, that they're drawing interest off of, and they're not doing nothing else back in the community. Mrs. Kennedy: That's right. That's a form of discrimination, and I couldn't agree with you more. Mayor Suarez: And it may be a violation of federal law. Mr. DawkinE: Viclption of Fomet.hing, and we don't have the time ... what would it cost. for you to do four or five - a study like this for four or five banks for us? Ms. Marcia Cypen: Is abet report in your hand..."i I hpd not seen a copy of this, but this was prepared by John Little, Who is a staff Attorney with Legal. Services, and he's full-time working on community economic development issues. We ... I don't know how Iong it took him to prepare this study, but he is an expert in this area, and we have filed challenger under the Community Reinvestment Act which have resulted in banks being required to give...to put money back into the minority community, and we're getting loans for our clients who couldn't qualify anywhere e)re, and working on other projects. We would be more than happy to prepares such a study for you. I would need to talk to him and ask him the number of hours he put into this - I really don't know. But we would be more than happy to do that for the City,... Mr. Dawkins: Oh, Mr. tanager, would you... Ms. Cypen: ... if the City could pay us for the time. Mr. Dawkins: First, before I say anything - Mr. Manager, Mould you be interested in spending money for that if it didn't cost too much? I don't know, now. Mr. Odio: Yes, sir. Mr. Dawkins: OK. Well, how do the rest of the Commissioners feel? Mr. Odio: You know, wait a minute, go and talk to him. No, no, go and talk to him. Mr. Dawkins: Go right ahead, yes, ma'am. Mrs. Dougherty: Commissioner Dawkins, you could do it that way, or you could just simply say to the banks that, "If you want us to invest our money in you," because one of the criteria is, they have to be a responsible bank. "We don't consider people who do not invest money in our community responsible. Therefore, show us what investments you've been doing in our community." Mayor Suarez: Put the burden on them to show us why we should not withdraw all the monies from those banks. Mr. Dawkins: No, no, no, no, no, let's withdraw it, and let them show us why we should put it back. OK? Let's withdraw it, and let them tell me why I ought to put it back. Mayor Suarez: Can we legally do that, on the basis of what we hear, sort of prima facie evidence that there may be some red -lining? Can we just...can we legally do that? Mrs. Dougherty: Well, it's the Manager that calls... decides which banks he wants to call for a bid in any particular day, so the Manager can simply not call certain banks. On the other hand, before you debar them from doing business, you ought to have a basis for doing so, either by the Manager doing the study, or Ms. Cypen doing the study, or... Mayor Suarez: Well, can we notify them of our intention to take all the monies out unless they... Mr. Dawkins: We've already done that, Mr. Mayor. Mayor Suarez: I've done that. That doesn't have any effect. Mr. Dawkins: Yeah, it doesn't work. Go ahead, Mr. Manager. 191 November 13, 1986 Mrs. Kennedy: Really? Have ve done that? Mr. Dawkins: Yeph, I've threatened them. Mr. Bailey, how many times have I threatened to take the money out of these banks? Mr. B:!iley (OFF MIKE): Oh, aboiil four or five times. Mrs. Kennedy: Whet is their response? Mrs. Dougherty: yeS, just do it. Mr. DawkinF: They say the hell with it, I don't have three votes. That's what they Fay. Mr. Odio: Fine, I'll do it your way. Commissioner, I'll ... we'll just tell them I'm going to withdraw the money from the bank, and then all they have to show me, where they're investing in the community. Mr. Dawkins: OK, now, I will go with you to put it in Ocean Bank. I don't care nothing about the Miami Herald or nobody else, 0K? Mr. Odio: In what bhnk7 Mr. Dawkins: The Ocean Bank ain't give me nothing, but if Ocean Bank is willing to fund projects in the City of Miami, everybody be damned, OK? All right? So, now, if you want to... if we're talking about taking it out of any bank, and putting it in any bank, I'm with you 100 percent. But don't get caught up in this thing with the Miami Herald investigating us, and everybody - not...I'm sorry, the FBI investigating people, and don't put the money there because you're afraid, OK? I will take it there. I have nothing to hide. I haven't stolen anything, nobody's given me nothing, and nobody put nothing down for me to take. OK? Can we do that, Madame City Attorney7 Mrs. Dougherty: Yes, but what I would suggest we do is, maybe Legal Services or some organization, or maybe the Finance Director, could assist us in giving some guidelines as to how much we want as an investment in any given community before we're going to deposit money in the bank. We need to have some guidelines, some standards, to make those kinds of decisions. Mr. Dawkins: I agree with that. Well, go right ahead, sir. Mr. Carlos Garcia: Mr. Vice -Mayor, if I could. Those investments that we have, with those particular banks - for instance, the list that you have there is for August 31st, and we had then $72,000,000. We have, a more current list, dated to date, and we got only $44,000,000. That means that these investments are for certificates of deposit, most of which will mature on a particular date, so we cannot really cancel those investments today, because we'll be subject to cancel...penalties. Mayor Suarez: Well, but it sounds like you can cancel very quickly, within 30 days. Mr. Odio: What we can do is..... Mr. Garkta: Yeah, well, what we can do, as these investments mature, then we can select which banks to choose for future investments. Mr. Dawkins: What kind of C.D.'s we got - six months, nine months, 18 months? Mr. Garcia: I couldn't tell you. They fluctuate. They could be a one -week C.D., it could be a six-month - you know. Mr. Dawkins: Aha, Aha, those that's one week, we don't have to put it back in there, right? Mr. Odio: Yeah, Vice -Mayor, what we'll do is, we'll establish a procedure and we'll bring it back to you. We will, as they mature, the bank will have to prove to us that they're investing in the community. Mayor Suarez: Put the burden of proof on them. i 192 November 13, 1986 Mr. Odio: And if they don't do it, then we'll withdraw immediately. Mr. Dawkins: How do I bring charges against these banks, with the Federal Bank of whatever regulatory system, for them not, havin.g... Ms. Cypen: I'm not that fPfril5gr with the Community Investment Act, except to know that the way that ve used it in the pFst was when there was a takeover, when the bank was trying to comp into the State, or when there was a change in ownership. I'm not sure if you could uFp it when there's no change in ownership, but I think the City could, like you fay, vithdraw the money if they don't follow the guidelines of the Community Investment Act.. I don't know, but John Little knows, and he can tell you. Mr. Dawkins: Put withdrawing the money, Madame City Attorney, is fine. But all they're going to do is go around snd do it again. Now, how do I ... see, they have violated the law. Now, how do I charge them with this violation, and get somebody down here from Atlanta or Washington, to investigate this and, if they don't do anything but cite them. Vbat you think, Mr. Mayor? Mayor Suarez: Can we instruct the City Attorney by motion, to look at the specific instances which Commissioner Dawkins, Vice -Mayor Dawkins, has referred to, for possible violations that we would bring to the attention of the federal agencies? Mr. Dawkins: Um-hmm, that would be ... yeah, thank you. Mrs. Dougherty: Yes, we can do that. Mayor Suarez: And report back to us? Mr. Dawkins: Um-hmm, OK. Mayor Suarez: In addition to the withdrawing. Mr. Odio: I will send a letter to these banks, that have monies from the City, that they must prove to us within a certain time, or the maturity time, that... Mr. Dawkins: No. In 60 days, they must show the first results. Mr. Odio: Right, and if they don't, then the monies will be withdrawn, and we will proceed, and we'll bring the procedure to you, and how we will decide which bank the money will go to, which will also have the burden of proof on them, that they're investing in the community. Mr. Dawkins: OK. All right, now, put it in the Miami Review and others,... Mr. Odio: Yes. Mr. Dawkins: ...that when we get ready to take the money out, we'll be looking for banks who've already helped us, to put our money in. Mr. Odio: Yes, sir. Mr. Dawkins: OK? We're not going to wait for you to get our money to decide to help us. Mr. Odio: OK. Mr. Dawkins: OK? Ms. Cypen: I will ask John Little to contact you, Commissioner Dawkins, to give you some information about this. Mayor Suarez: Thank you, Marcia. Mr. Dawkins: OK, we got one more thing, Mr. Mayor. Mayor Suarez: Do you want to make that in the form of a motion, just to formalize it? 193 November 13, 1986 0 Ms. Cypen: On a pro bono basis. Mr. Dawkins: Yes, I move it. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mayor SU2re7: Seconded. Any further discussion? Call the roll on that two - prong attack that we're going to take on this thing. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 66-942 A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO LOOK AT THE SPECIFIC AREAS DISCUSSED BY VICE MAYOR DAWKINS ON THIS DATE IN CONNECTION WITH AN ALLEGED LACK OF COMPLIANCE BY CITY DEPOSITORY BANKS WITH THE PROVISIONS OF THE FEDERAL COMMUNITY REINVESTMENT ACT; FURTHER REQUESTING THE CITY ATTORNEY TO COME BACK WITH A REPORT ON THIS ISSUE. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. 61. AUTHORIZE PURCHASE OF ONE PARCEL OF LAND WITHIN THE SOUTHEAST OVERTOWN PARK WEST REDEVELOPMENT AREA, & CLOSING ON SAID PARCEL. (ALSO SEE LABEL #15) Mr. Dawkins: Mr. Mayor, I've got one pocket item here for the City Attorney, the Southeast Overtown/Park West acquisition parcel. Why is it we've got to have this, Madame City Attorney? Mrs. Dougherty: Mr. Commissioner, this is one of the last two parcels left on Block 25 that is to be used for the Cruz development. Because of the settlement that you approved earlier today, we now have money to acquire this property. It's at $8.83 a square foot, and that's a bargain compared to the prices we've had to pay elsewhere in Overtown. So, we'd suggest that we could purchase it now, before the end of the fiscal year, and before the end of the year when the tax rates change, and they may not be so disposed to settling at this price. Mr. Dawkins: OK, I move this resolution. Mrs. Kennedy: Hello. Second. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. Do you have to read that? Except, it's not an ordinance, is it? Mrs. Dougherty: It's not an ordinance. Mayor Suarez: Just a resolution, OK. Call the roll. 194 November 13, 1986 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-943 A RESOLUTION AUTHORT7TNG THE CITY MANAGER TO PURCHASE ONE PARCEL Of LAND (FAFCET., 25-D/F) LOCATED WITHIN THE SOUTHEAST OVERTOWN/FAFK VTST R:EDFVELOFMENT AREA AT THE RATE PREVIOUSLY FSTAFLISHTi) PY THE CITY COMMISSION AND FURTHER AUTHOR.IZTNG THT: CITYATTOFJSEY TO PROCEED TO CLOSE ON THIS FARCEL AFTER FXAQY1ATION OF THE ABSTRACT AND CONFIRMATION OF OP1147014 OF TITLE. (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 Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. 62. RESCHEDULING OF SECOND REGULAR COMMISSION MEETING OF NOVEMBER, 1986. (ALSO SEE LABEL 02) ------------------------------------------------------------------------------ Mayor Suarez: We also have to pass the resolution rescheduling the second regular City Commission Meeting of November 1986, to take place commencing at 2:00 P.M., because we don't have that many items. I'm sure you don't want to begin at 9:00 A.M. Mr. Odio: No, no. Mayor Suarez:...on November 25, 1986, with the Sole Source Procurement Public Housing concerning the acquisition of 800 megahertz equipment, to be considered at 2:45 P.M. on said date. Mrs. Kennedy: Do you need a motion? Mr. Odio: Mr. Mayor, if you... Mayor Suarez: I need a motion. Mra. Kennedy: So moved. Mr. Odio: Also, if yc- agree, that would be an appropriate day to unveil the Herring, the Officer Herring 'a...what do you call that? Simulator, because, you know, you ordered us to name it after him, and that would be a. ..maybe do it about 11;00 o'clock,... Mayor Suarez: OK, but... Mr. Odio: So that then from there on, you can go and then be here. Mayor Suarez: Right. We don't have to put that in. Mr. Odio: No. Mayor Suarez: OK. I'll take that in the form of a motion. 195 November 13, 1966 Mrs. Kennedy: So ?"Cora. Vhy don't we do it at once, so we don't have to break for lunchi svFt get here an hour earlier. Mr. Odle: Or ... finF. Mayor St?FrF7: Or FvFn... Mr. Odle: or you can hare it at eleven and go wherever you want, and it would be t.hFt wFy. Mayor Suerez: Anyhov, thatmorning is basically available for most of us. We probably plFn to fpend the whole day here. Anyway, we'll worked that out. Mr. DawkinR: Move it. Mayor Suarez: Moved, and... Mr. Odio: Vhatever. Mrs. Kennedy: I did. Mayor Suarez: Seconded. Any discussion? Call the roll on that rescheduling. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION 110. 66-944 A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF NOVEMBER, 1986, TO COMMENCE AT 2:00 P.M. ON NOVEMBER 25, 1986, WITH THE SOLE SOURCE PROCUREMENT PUBLIC HEARING RELATED TO THE ACQUISITION OF 800 MHz EQUIPMENT TO BE CONSIDERED AT 2:45 P.M. ON SAID DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. 63. CONFIRMING ORDERING RESOLUTION: ADVERTISING FOR SEALED BIDS FOR CONSTRUCTION OF MANOR HIGHWAY IMPROVEMENT - PHASE IV. Mayor Suarez: Item 90. Last item of the day. Mr. Odio: Manor highway. Don't... Mayor Suarez: Do we have anybody on this item here? Manor Highway improvements? Mr. Dawkins: Move it. Mrs. Kennedy: So moved. Mayor Suarez: Moved, seconded. Any discussion? Is there anyone here that wishes to be heard on it? Yes, sir. Give us your name and address. a 196 November 13, 1986 ( INAUDIBLE COMMENT FFOM MIKE 1 ) Mayor Suarez.: Cet the mike a little closer. Mr. Wheeler Bivins: My name is Wheeler Bivins. My address is 1331 Northwest 51st Terrece. Mr. Dawkins: Cc right Fheed, Sir. Mr. Pi -Ins: I vas supposed to have some more people, but somebody got sick, somebody had to leave, go out of town. So, what I want to find out is, why is they pushing thiF thing So herd in our neighborhood? Mayor Suarez.: k'hat was the question? I'm sorry. Mr. Bivins: Why is they pushing this thing so hard in our neighborhood? I talked to r few peoples out there, Rnd nobody wants it. Mayor Sucre;..: Well, let me see, now. Remind us, Don. We took a poll of the neighbors, and how did it come out? Because a lot of times, you're right, nobody wants it; and then we spend the money to do these things. But in this case, I think, the poll was about two to one in favor, right? Mr. Bivins: Who? Who? Mr. Don Cather: We have... Mr. Bivins: Who rude that poll? Mayor Suarez: Wait - the City did. Mr. Cather: We have never had any substantial opposition to this. We've had, you know, ten or twelve people show up at the public hearings. We polled the property owners the last time, and determined that the confirmation of the district is now in order, because utilized postcards supplied by the department, only e0 out of a total of 420 property owners have responded. Of those that did respond, 56 owners favor the project, and 24 oppose. Mayor Suarez: Now everybody within how far, would have gotten a card? Mr. Cather: Only those in the district. Mayor Suarez: In the actual district. Mr. Cather: In the actual district. Mr. Bivins: The night... Mr. Cather: Nov, I'd like to point out at this time... Mayor Suarez: Did you get one of those cards in the mail? Did you fill one of those? Did you vote? Mr. Bivins: Huh? Mayor Suarez: Are you in the district? Is your property in the district? Mr. Bivins: Yeah. And I went to this meeting at Allapattah Junior High, and I think it was thirteen of us there. Mayor Suarez: Right. How did that go? Mr. Bivins: Ain't not one wanted it, out of the twelve was there. Mayor Suarez: Is that... Mr. Bivins: I was there. Mayor Suarez: ...the way the hearing went? Mr. Bivins: He was there. 197 November 13, 49016 Mayor Suarez: Let me ... from our records, is that the way the hearing went? Mr. Cather: The second meeting wits held on Thursday, October l6th, at 7:00 r.M., at allepattPh Junior High Community School. Four hundred and twenty property owners were invited to this rmFeting. Nine property owners attended the meeting, the mpetirg bFgFn et. 7:35 end concluded fit S-JS F.M. The pre sent et ion of t_ha prcpeFed Ft.rFFt improvements was made by City staff. A Question end rrswFr period fo1]cFFd. At lFfist one of the property owners attended the SFptfmbFr llth, 'S6, Commission meeting Fnd spoke figainst the project. Hp Ftat.ed he Mould also Fppak PgFirFtthe project at November l3th, 186, Commission meeting. Four property owners indicfited on the attendance form that. they were opposed to the project. Twc indicpted they needed additional information, find three did not comment. I'd like to point out to the people who might object. to i.tr that in the event that this project is voted upon favorably, And constructed such as was in 11pnor 1, 2, and 3, that the assessment. roll will be Fentr out to them In approximately three years. If they elect ... this iF the assessment charge for the tfix, that 25 percent which the property owner pays; that would come out in about three years. If they elect to take the ten-year payment schedule, they would ... their first payment would be due onr year from that date, so that they would be paying, starting four years from now, over a ten-year period at five percent interest, for the 25 percent of the cost of the improvement that is assessable to the owner. Mr. Bivins: No, it was four peoples with me that night there, in my car, and all them voted against it, and some more peoples I know voted against it. Some more peoples voted against it, so that's the wrong count you got there. Mayor Suarez: You know, sometimes what you have to do in these cases is to get the community organized, because the people who are active end up voting in favor... Mr. Bivins: No, well, peoples are so used to other people making decisions for them, that's -why. Mayor Suarez: I know, but things... Mr. Bivins: That's the problem right there. Mayor Suarez: Yeah, things have changed. We've had these hearings, which before never used to take place, and we ask people now if they want that. And in a couple of other places, everybody voted against, and we didn't do it. But here, we got more people voting in favor. Mr. Bivins: Where? I ain't been with them. I ain't seen none of them. He's seen them, I ain't. Mayor Suarez: Well, I don't think he, you know, falsified any of those... Mr. Bivins: Well, I know the night that nine people's over there, nobody wanted it. Now he say it was four. And four people with me. Mr. Dawkins: Mr. Cather. Mr. Bivins: There was two more peoples with me. Mayor Suarez: Mr. Commissioner Dawkins. Mr. Dawkins: Mr. Cather, how many times ... Mr. Cather.... go ahead, go ahead. Go ahead with what you're going to do, because I don't know what you're going to do, go ahead. Mr. Bivins: I'm trying to figure our why they pushing this so hard. In Coconut Grove they ain't got sidewalks. Mr. Dawkins: You got something? Go ahead, you want to do something with . this? Mr. Cather: No, I'll answer your question and I'll cover that later. Mr. Dawkins: No, go ahead, if you're going to do something. 198 November 13, 1986 Mr. Cather: Thin iF the rAFporges that we got from the postcards. The red, of course, indicates agFinFt, end the green, in favor. Mr. Bivins: "isre was thiF made up at? Mr. ixw,inF: Mr. Cather, how many times have you and I scheduled meetings about this( Mr. Cather: 7 think it's three times, sir. Mr. Psvkins: Three times. At each one of these meetings the majority of the people were for it, but we held another meeting so that other people could be heard, IF thFt right? Mr. Cather: Yes, sir. Mr. Dawkins: We've scheduled a meeting here at the Commission chamber, is that right? Mr. Cather: Yes, sir. Mr. Dawkins: What was the results of that? Do you remember whether it was for or against? Mr. Cather: It was for. Mr. Dawkins: OK. So, so... Mr. Cather: Of those present. Mr. Dawkins: OK, um-hmm. So, now, you know, I sympathize with you, because I got to pay it, too - you know, I live right there. Mr. Bivins: Right. Mr. Dawkins: See. But the majority...I mean, we keep putting it off and hoping that more people will turn up to go against it, and each time, just like you said coming up here, nobody showed up with you. See, you're here, fighting the cause by yourself. See? So what you need to tell them is "go to hell and let's bite the bullet." OK? That's all, because we can't carry the battle on for them, and they don't support you. See? So... Mr. Aivins: Yeah, how long can you support something that isn't interesting anybody, at least not hardly? Mr. Dawkins: That's right. I mean, but they don't come here. I mean, see? They're the ones who yell for me and you to have the meeting at Allapattah. Nobody showed up. Mr. Bivins: We all still paying for sewage in the back, and now they want to hit us for $730 dollars in the front. What's going on? That's what I want to know. We're still paying for the sewage in the back. Mr. Dawkins: Well, me too. Well, I paid for mine too, but I ain't still paying for it. Mr. Bivins: It was quite a few of us did, and a lot of them that can't afford it. +� Mr. Dawkins: That's right. Mr. Bivins: I got some old lady that come to my house every night to borrow five slices of bread or a stick of butter - every night) She lives two doors from me. — Mr. Dawkins: Well, they are the ones that, they won't have to pay it until they die and somebody buy their property. rx Mr. Bivins: Or they condemn it and the City takes it. Mr. Dawkins: That's right. Anybody who can't pay, Mr. Cather, it will be assessed as a lien on their property, isn't that right? 199 November 13, 1986 Mr. Gather: Yeah, that is correct, sir, but furthermore, at the time the assessment roll is approved, they will have an opportunity to come up, and if 'hey feel that they cannot pay it at that time, they can appeal to the City Commission. Mr. Dawkins: To what? Mr. Cather: For relief. Mr. Dawkins: Appeal, to the City Commission to erase the money? Mr. Cather: No, to get assistance on it if they can't pay for it. Mr. Dawkins: What kind of assistance? Mr. Cather: I don't know what, exactly, it is, but it can be ... you can relieve their of it.. Mr. Dawkins: See, let's don't give them false hope here, now. Mr. Cather: No, I don't want to give any false hopes. Mr. Dawkins: Well, are you telling... Mr. Cather: There are remedies available for those who can show they are truly, you know, unable to pay. Mr. Dawkins: All right, that lady who was here a few minutes ago, who said that she's got cancer, diabetes, heart trouble, and she's going to be operated on tomorrow - if we had put this in front of her house, are you saying that she could come here, and under hardship not have to pay? Mr. Cather: Yes, sir. Mr. Dawkins: Well, then, put them on in, and you come and show your hardship "homeboy." Mr. Bivins: Exactly. I'd have a heart attack. Mr. Dawkins: You got a bad heart, that's right. Got the pacemaker. No problem. Mr. Bivins: Bad heart, yeah. This man is very sick. He just come out of the hospital, really! He just come out of the hospital, now. Mr. Dawkins: All right. OK. OK, then. All right, we're going to do it in, and want you to come back... Mr. Bivins: A lady was at Allapattah - she said, "I just retired. I'm sick," she said, "I don't see how I can pay this." She said... Mr. Dawkins: Well, tell her don't worry about it. Mr. Bivins: She said, "It looked beautiful, but I just can't pay it." Mr. Dawkins: Don't worry about it. Mr. Bivins: So, why they going to push it on us? Go to Coconut Grove, put in some sidewalks down there. There's a lot of streets there ain't even got sidewalks. Mr. Dawkins: Well, we'll put in the sidewalks and the gutter. They're going to put side... Mr. Bivins: In Coconut Grovel We got sidewalks. Mr. Dawkins: Oh. The baldies. (Laughter) Mayor Suarez: Right. 200 November 13, 1946 Mr. Dawkins: Oooh. Nov you know... Mr. Bivins: I was in Coconut Grove, working down there last ileeko and all the streets ain`t. got €idrwfi3k9. Mr. Dawkins: f ou knew what. nerve to pull. Mayor Sucre..: Thpt's )ikr putting a superhighway through Coral Gables. Mr. Bivins: hoy. wbat. they going to get out of it? Why they pushing this thing so hard? That's Vhat. I want to know. What they going to get out of it? Mr. Dawkins: COY. Mayor Suarez: Ca3l the roll. Mr. Dawkins: Call the roll. Mayor Suarez: OY., we have a motion and a second? Motion on my left, a second on my right. Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 66-945 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 86-430 AND AUTHORIZING THE CITY CLERIC TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF MINOR HIGHWAY IMPROVEMENT -PHASE IV IN MANOR HIGHWAY IMPROVEMENT DISTRICT -PHASE IV H-4519. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Mayor Suarez: Is there any reason we should take up Item 52? I think Commissioner Plummer had asked to table it. Somebody please pay attention to us so we can finish and get out of here. Mr. Dawkins: Did J.L. ask that 52 be tabled? Mayor Suarez: He was the one that was concerned about the... Mr. Odio: He did not ask, but I think we should defer. Mayor Suarez: Right. Do we need to have that deferred to a particular date or anything? Could we just... Mr. Dawkins: Yeah, next meeting. Mr. Odio: Could we do it on November 25th? Mrs. Kennedy: I move to defer it until the next Commission meeting. Mayor Suarez: Until the 25th. Mr. Dawkins: I second. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. Thereupon the City Cc iraion, on notion mpee by Conm.riersioner Kennedy, seconded by CommirrlcnRr Prrkirrr►, pppred end Pdopted the preceding notion to defer by the (oJ J nXi r F sent e r AYES: ComMnirftjnrrr firrrrio Kennedy Viet-Mrycr W) )sr J. Pavkins mpyor X# i s r L. cur rez NOES: !None . ABSENT: Com+nirr.ionRr .Yoe Carollo Conni rr i one r .7. L. Plummer, Jr. Mr. Cather: (Fsl GlW;TNG CUT Orr)... fs to extend the time of payment over and above the ten yekrR prevently available. T 8 BRING 90 ZITHER IMSIMSS TO DOW JETOXI3 TIIE CITT COMISSI08, MM NUT ING VAS AWDURIW AT 7 t 40 P.M. Xavier L. Suarez H A T O R L � r A-1 MWET►NG I3ATO r,lovr.Ml?F R I3, 1986 I DI E X JVCLHVIT IDMIFtCAiIN RATIFY CITY MANAGER TO FIND A SOURCE TO WAIVE THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE THE PURCHASE OF' CONSOLE AND AS- SORTED EQUIPMENT FOR USE IN THE CITY'S 800 MHZ TRUNKED SYSTEM FROM MOTOROLA COMMUNICA- TIONS AND ELECTRONICS INC., FOR THE DEPT. OF GENERAL SERVICES ADMINISTRATION./PROPOSED COST $15,928.00/ALLOCATE FUNDS FROM 1986 1987 BUDGET. RATIFY CITY MANAGER TO FIND A SOURCE WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE THE PURCHASE OF ONE (1) FOUR GAS INFRA -RED ANALYZER AND RELATED SUPPLIES FOR THE DEPT. OF GENERAL SERVICE ADMINISTRA- TION./PROPOSED COST OF $9,870.00/ALLOCATE FUNDS FROM THE 1986-87 OPERATING BUDGET. APPROVE ONE (1) YEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF 72 FOR RUBEN GONZALEZ, CLERK I, DEPARTMENT OF PERSONNEL MANAGEMENT, EFFEC- TIVE SEPTEMBER 10, 1986, THROUGH SEPTEMBER 9, 1987. APPROVE/ALLOCATE $4,500 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND IN SUPPORT OF THE COCONUT GROVE WAITERS RACE AND THE TASTE OF THE GROVE FOOD FESTIVAL TO BE CON- DUCTED BY COCONUT GROVE MARKETING, INC. ON NOVEMBER 23/86 AND JANUARY 18/87. AUTHORIZE ONE -DAY PERMIT TO SELL BEER/WINE IN THE SUNSET PARADE (DECEMBER 6, 1986)/ ORGANIZERS PAYING FOR ALL COSTS OF CITY SERV- ICES ASSOCIATED WITH SAID EVENT. AUTHORIZE/PERMIT TO CLOSE CERTAIN STREETS TO THROUGH VEHICULAR TRAFFIC/ESTABLISH A TEMPORARY PEDESTRIAN MALL/PROHIBIT TO RETAIL PEDDLERS DURING THE 1986 BANYAN FESTIVAL SPONSORED BY THE COCONUT GROVE CHAMBER OF COMMERCE TO BE HELD NOVEMBER 15,16, 1986 IN COCONUT GROVE AN IN THE CITY'S PEACOCK PARK. AUTHORIZE AN AGREEMENT WITH THE LATIN CHAMBER OF COMMERCE, INC., TO SUPPORT THE 1986-87 PROGRAM OF ACTIVITIES OF THE PERMANENT SECRE- TARIAT OF THE HEMISPHERIC CONGRESS OF THE LATIN CHAMBERS OF COMMERCE AND INDUSTRIES ALLOCATE $91,500 IN THE CITY'S 1986-87 FISCAL YEAR BUDGET. C044ISSION RMIEV J AND 86-872 86-873 86-874 86-875 86-876 86-877 86-878 mm "m U u mlWD I E X t- FlImm w- wow E N� T NOVEMBER 13/86 PAGE 2 C­ 0111111 NTI N U E D AUTHORI ZE. AGRF.EM)ENT WITH THE. INTERNATIONAL HEALTH COUNCIL, INC., TO FINAINICIALLY SUPPORT THE 1986-87 PROGRAM OF ACTIVJTJES OF SAID ORGANIZATION/ALLOCATE $50,000 FROM THE CITY'S 1986-87 FISCAL YEAR PU DGET. AUTHORIZE AGREEMENT WITH THE ST. JOHN LOCAL DEVELOPMENT CORP., TO MANTAIN THE CONTINUITY OF ECONOMIC DEVELOPMENT IN THE OVERTOWN COMMERCIAL DISTRICT/ALLOCATE FUNDS FROM TWELFTH (12TH) YEAR COMMUNITY DEVELOPMENT BLOCK. GRANT PROGRAM, FUNDS. AUTHORIZE REVOCABLE USE PERMIT WITH BARRY SHARPE, REMAINING HIM TO COLLECT RENTALS FROM TENANTS (2262-66 W. FLAGLER ST.), AS LEGALLY DISCRIBED IN EXIBIT A/PERIOD NOT TO EXCEED SIX(6) MONTHS. DEEPEST SYMPATHY AND SINCEREST CONDOLENCES TO THE FAMILY AND FRIENDS OF EDWARD J. FITZ- PATRICK UPON HIS DEATH. DEEPEST SYMPATHY AND SINCEREST CONDOLENCES TO THE FAMILY AND FRIENDS OF CITY OF MIAMI WASTE COLLECTOR EUGENE BARRAUS UPON HIS TRAGIC DEATH. AUTHORIZE CITY ATTORNEY TO INSTITUTE AND MANTAIN LEGAL PROCEEDINGS AGAINST T & R STORE FIXTURES, INC., AND/OR ITS PROPRIETORS, ANTONIO AND REYNALDO HECHEVARRIA REGARDING THE FAILURE OF T & R TO REMOVE ITSELF FROM CITY -OWNED REAL PROPERTY LOCATED AT SOUTHEAST OVERTOWN PARK WEST REDEVELOPMENT AREA. APPROVE/AUTHORIZE ACQUISITION OF THE PARCEL OF LAND LOCATED ON NORTHWEST 2ND AVENUE AND NORTHWEST 5TH STREET (MAX BAUER PARCEL). ALLOCATE $1,000,000 TO ACQUIRE PARCELS 10 & 11 WITHIN THE OVERTOWN COMMUNITY DEVELOP- MENT TARGET AREA, DESCRIBED IN THE EXHIBIT A & B TO BE USED FOR THE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES. AUTHORIZE CITY MANAGER TO NEGOCIATE ACQUISI- TION OF REAL PROPERTY LOCATED AT 2610 N.W. 25TH AVENUE (SOUTH 20 FEET OF LOT 2, AND NORTH 20 FEET OF LOT 3, BLOCK 2 OF GROVELAND) PLAT BOOK 11, PAGE 54 OF DADE COUNTY PUBLIC RECORDS, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING FOR LOW AND MODERATE INCOME FAMILIES. 86-879 86-880 86-991 86-882 86-883 86-884 86-885 86-886 86-887 OCUt�tENT�IAIDEx C ON TINUED �n�� � 3/86 pnu'►sif�'�T13C'i�1 ACCEPT RIDS OF H & C MAINTENANCE ($6,072.00) ROBERT BROWN BUILDING MAINTENANCE ($7,200.00) II4DUSTPJAL, BUILDING MAINTENANCE ($60,720.00); AIJD SUPERIOR BUILDING MAINTENANCE ($11,040.); FOR FURNISHING SERVICES TO VARIOUS CITY BUILDINGS/CONTRACT ONE (1) YEAR RENEWABLE ANNUALLY. ACCEPT BID OF RESEARCH IRRIGATION, INC., FOR THE INSTALLATION OF A PUMPING STATION AT THE MIAMI SPRINGS GOLF COURSE TO THE DEPT. OF PARKS AND RECREATION/COST OF $36,578 ALLOCATE FUNDS FROM THE 1985-86 GOLF COURSE ENTERPRISE FUND. ACCEPT BIDS OF BISCAYNE FIRE EQUIPMENT CO. ($I.1,877.60); MUNICIPAL EQUIPMENT CO. ($1,934.00); AND SANDFORD FIRE APPARATUS CO.($1,908.00), FOR FURNISHING NOZZELS AND RELATED SUPPLIES TO THE DEPT. OF FIRE RESCUE AND INSPECTION SERVICES/ALLOCATE FUNDS FROM THE 1981 FIRE BOND FUND. ACCEPT BID OF AMERICAN CARPET & INTERIORS, INC., FOR FURNISHING RUBBER COVE BASE AND ADHESIVE TO THE DEPT. OF GENERAL SERVICES ADMINISTRATION/PROPOSED COST: $7,166.80/ ALLOCATE FUNDS FROM THE 1986-87 BUDGET. ACCEPT BID OF TREE MASTERS, INC., FOR DEMOLI- TION STRUCTURE LOCATED AT 5770 N.W. 15TH AVENUE TO THE DEPT. OF BUILDING & ZONING/PRO- POSED COST: $11,444./ALLOCATE FUNDS FROM THE COMMUNITY DEVELOPMENT PROGRAM. ACCEPT BID OF OCEAN BAY CONSTRUCTION, INC./ PROPOSED AMOUNT: $326,801/ALTERNATE BASE BID FOR FORT DALLAS PARK PLAZA -PHASE II/ ALLOCATE MONIES FROM "FORT DALLAS PARK DEVEL- OPMENT." RESCIND RESOLUTION NO. 86-351, ADOPTED MAY 7, 1986 REFERRING TO A CONTRACT WITH SOUTH- EASTERN CONCRETE FLOOR, INC.($1,268,987.60) FOR NORTH RIVER DRIVE HIGHWAY IMPROVEMENT./. AUTHORIZE CITY MANAGER TO READVERTISE FOR VIEW BIDS. RESCIND RESOLUTION NO.86-533 ADOPTED JULY 10, 1986, REFERRING TO A CONTRACT WITH E. SANS & ASSOC., INC. ($43,380) FOR CITYWIDE SANITARY SEWER REPLACEMENT PROJECT./AUTHORIZE CITY MANIAGER TO READVERTISE FOR NEW BIDS. RESCIND RESOLUTION NO.86-589 ADOPTED JYLY 10, 1986 REFERRING TO A CONTRACT WITH OCEAN BAY CONST. INC. ($84,995.) FOR FORT DALLAS PARK PLAZA -PHASE I/AUTHORIZE CITY MANAGER TO READVERTISE FOR NEW BIDS. 86-889 86-890 86-891 86-892 86-893 86-894 86-895 86-896 am OTI ML A c u ri DLA lN NOVEMBER 13/86 PAGE 4 3D�rL'hT 1KNI)MATION PERMIT SALE OP ALCOHOLIC BEVERAGES BY LIQUOR 86-897 PACKAGE STORES, IJOT FOR CONSUMPTION ON THE PREMISES (N.C.O.P.), ON ALL SUNDAS'S DURING THE MONTH OF DECEMBER 1986, BETWEEN 10:00 A.M. AND 10:00 P.M. ORDER IMPROVEMENT EAST LITTLE HAVANA/ASSESS- 86-898 MENTS SHALL BE MADE FOR A PORTION OF THE COST AS EAST LITTLE HAVANA HIGHWAY IMPROVE- MENT DISTRICT PHASE 1I. H-4528. ACCEPT THE COMPLETED WORK: FRANK. J. MORAN/TO- 86-899 TAL COST $274,029.80, FOR CURTIS PARK SPORTS - FIELD LIGHTING/AUTHORIZE INCREASE OF$4,939.80 (NOVEMBER 12, 1985), AND FINAL PAYMENT OF $6,941.15. AMEND ASSESSMENT ROLL FOR CONSTRUCTION OF 86-900 CITYWIDE SANITARY SEWER IMPROVEMENT (1.981 SR-54 76C) /CORRECT LEGAL DESCRIPTION OF CER- TAIN PARCEL OF LAND. AUTHORIZE PROPER OFFICIALS OF THE CITY OF 86-901 MIAMI TO ACCEPT SEVENTEEN (17) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES./APPROVE THE RECORD OF SAID DEEDS IN THE PUBLIC RE- CORDS OF DADE COUNTY. ALLOCATE $10,000 FROM THE FUND BALANCE OF 86-902 1985-86 FEDERAL REVENUE SHARING AND CONTIN- GENT FUNDS ALLOCATED FOR SOCIAL SERVICES TO ASPIRA OF FLORIDA, INC., FOR CONTINUING THE AGENCY'S YOUTH DEVELOPMENT LEADERSHIP PROGRAM. AUTHORIZE FINANCE'S DIRECTOR TO PAY TO ALMAN- 86-903 ZOR MARTINEZ THE SUM OF $32,000. IN FULL AND COMPLETE SETTLEMENT OF ANY CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI. CLAIM/SETTLEMENT: ROLANDO YAGUE $40,000.00 86-904 LETICIA YAGUE $35,000.00. AUTHORIZE SETTLEMENT OF TRIAL COURT AND 86-905 APPELLATE COURT PROCEEDINGS OF 21 PARCELS OF PROPERTY ACQUIRED FOR THE OVERTOWN URBAN INITIATIVES PROJECT./SETTLEMENT BY METROPOL- ITAN DADE COUNTY. RESCHEDULE PUBLIC HEARING SET FOR NOVEMBER 86-906 13, 1988 TO DECEMBER 11, 1988 AT 11:15 A.M. TO CONSIDER A UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF A FULL - SERVICE BOAT YARD FACILITY, MARINA AND AN- CILLARY MARINE -RELATED RETAIL USE ON CITY OWNED WATERFRONT PROPERTY. u_...cumLNT•i�VDEX TI N U E D�n���s C 0 NEp ,°,eR AUTHORIZE CITY MANAGER TO UNDERTAKE NEGOTIA- TIONS WJT11 THE MOST QUALIFIED FIFM5 TO ARRIVE A14 AGREEMENIT FOR THE DESIGN OF PEDESTRIAN MALL 314 SOUTHEAST OVERTOihIN/PARK WEST. AUTHORIZE/APPROVE AGREEIIENT BET1�EEN THE CITY AND ADVANCE DATA PROCESSING FOR COLLEC- TI014 OF $75. RESCUE TRANSPORT USER FEE FOR ONE YEAR/COST: $37,700, ACCEPT BID OF NILFISH OF AMERICA, INC., FOR FURNISHING ONE PORTABLE DUST COLLECTOR TO THE DEPARTMENT OF POLICE/TOTAL COST OF: $5,621.21. ACCEPT BID OF RAINBOW DODGE FOR FURNISHING FOUR (4) FIFTEEN PASSENGER VANS TO THE DE- PARTMENT OF GENERAL SERVICES ADMINISTRATION TOTAL COST OF: $61,610.00 APPROVE AGREEMENTS BETWEEN THE CITY OF MIAMI AND MANUEL G. VERA & ASSOC.,INC.; METRIC ENGINEERING, INC., AND CAMPANILE & ASSOC., INC., TO PROVIDE LAND SURVEYING SERVICES (ONE YEAR PERIOD). ALLOCATE $20,565. FOR SOCIAL SERVICES TO: CATHOLIC COMMUNITY SERVICES, INC.; CENTRO MATER CHILDCARE PROGRAM, AND COCONUT GROVE FAMILY HEALTH CENTER, INC.. ALLOCATE $730,000. TO CREATE AN ECONOMIC DEVELOPMENT AND PHYSICAL IMPROVEMENT FUNDING POOL TO IMPLEMENT IMPROVEMENTS PROJECTS THROUGH CONTRACTUAL AGREEMENTS IN A FORM OF GRANT/LOAN. ACCEPT BID OF GREATER MIAMI CATERERS, INC., FOR FURNISHING MEALS TO PARTICIPANTS IN THE CITY'S DAY CARE AND PRESCHOOL PROGRAMS. ($81,691.20) ACCEPT CITY CLERK'S CERTIFICATION AND DECLA- RATION OF THE RESULTS OF THE SPECIAL MUNICI- PAL ELECTION HELD NOVEMBER 4, 1986. RATIFY/APPROVE/CONFIRM ACTION OF CITY MANAGER IN FINDING THE PRINTING "MIAMI-THE STATE OF THE CITY 1986" TO BE AN EMERGENCY PURCHASE AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO WORLD PRINTING, INC./TOTAL PROPOSED COST: $14,780.00. APPROVE THE PURCHASE/INSTALLATION OF FOUR (4) AUTOMOTIVE HYDRAULIC LIFTS AT THE MOTOR POOL SHOP./PURCHASE ORDER TO: PIECO MIAMI, INC., FOR THE DEPT. OF GENERAL SERVICES ADMINISTRATION/$17,629.44/FUNDS FROM 1986-87 BUDGET. -* 1 86-908 86-909 86-910 86-911 86-913 86-914 86-916 86-918 86-919 86-920 ILA N-T'Im Otou L 1�� D L A NOVEA,SER 13/86 PAGE - 6 N��� Ull ED C�_ 01, N T RATIFY/APPROVE PURCHASE OF TWENTY FIVE (25) POLICE PATROL CARS AND RELATED ACCESORIES, AT A TOTAL PROPOSED COST OF 5333,56375/ ALLOCATE FUNDS FROPl THE TRANSACTION PROCEEDS OF THE 1986 CE13TI171CATES OF PARTICLPATION. APPROVE THE CITY OF MIAMI CAPITAL IMPROVEMENT PROGRAM 1986 - 1992 IN PRINCIPLE TO PROVIDE GUIDELINES FOR CITY AGENCIES, BOARDS, AND DEPARTMENTS, ACCEPT BID OF P.N.M. CORP.($1,146,865.65), ALTERNATE BID FOR DINNER KEY MARINA PAVING & LANDSIDE UTILITIES./ALLOCATE MONIES FROM "DINNER KEY MARINA RENOVATION/EXPANSION" DESIGNATE/APPOINT TWO INDIVIDUALS TO SERVE AS DIRECTORS OF THE BAYSIDE MINORITY FOUN- DATION ESTABLISHED BY THE DEVELOPER OF THE BAYSIDE SPECIALTY CENTER AT BAYFRONT PARK. APPOINT TWO MEMBERS TO THE BOARD OF TRUSTEES OF THE CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST AS PROVIDED FOR BY THE CITY OF MIAMI ORDINANCE NO. 10002 (SECTION 40-201 AND 40-202 FOR SPECIFIED TERMS OF OFFICE. CONFIRM RESOLUTION NO.86-679/AUTHORIZE TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUC- TION OF FAIRLAWN SOUTH SANITARY SEWER IM- PROVEMENT(S-R-5515-C/CENTER LINE SEWER). AUTHORIZE INCREASE CONTRACT P.N.M. CORP. DATED APRIL 19, 1986 (ALLAPATTAH INDUSTRIAL AREA HIGHWAY IMPROVEMENT PHASE II BIDS A & C) ACCEPT COMPLETED WORK WITH SAID COMPANY/ TOTAL COST: $1,201,213.10/ FINAL PAYMENT $176,469.68. WAIVE REQUIREMENTS AND PROHIBITIONS IN CITY CODE SECTION 2-302/PERMIT ALBERTA B. COOPER PARTICIPATE IN THE HOME RENOVATION AND REHA- BILITATION PROGRAM. WAIVE REQUIREMENTS AND PROHIBITIONS IN CITY CODE SECTION 2-302 TO PERMIT PERMON ANDERSON AN EMPLOYEE OF THE CITY TO PARTICIPATE IN THE HOME RENOVATION AND REHABILITATION PRO- GRAM. URGE DADE COUNTY BOARD OF COUNTY COMMIS- SIONERS TO ADDRESS THE PROBLEM OF 8,000 HOMELESS PERSONS IN DADE COUNTY, THEREBY FULFILLING ITS OBLIGATION IN THIS REGARD. 86-921 86-922 86-923 86-925 86-297 86-930 86-931 86-932 86-933 86-939 ocumEN��l�uEx cO NTINU.ED N�n«B�n1je6 w.K- 41 IDEN 1FICATION APPROVE ASSIGM1 iJT BY FLORIDA INTERNTATIONAL UNIVERSITY(2,000 SQUARE FEET) OF CITY OF MIAMI DONTATED SPACE TO THE BIOMEDICAL RE- SEARCH AND INNOVATION CENTER (BRIC) TO ESTAB- LISH BIOMEDICAL RESEARCH PROGRAM (ITEM 4 AGREEMENT JUNE 12, 1986) AUTHORIZE CITY MANAGER TO PURCHASE PARCEL OF LAND 25-D/E LOCATED WITHIN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA AT THE RATE PRIVIOUSLY ESTABLISHED. RESCHEDULE THE SECOND REGULAR CITY COMMIS- SION MEETING OF NOVEMBER 25, 1986 TO COM- MENCE AT 2:00 P.M./PUBLIC HEARING RELATED TO THE ACQUISITION OF 800 MHz EQUIPMENT TO BE CONSIDERED AT 2:45 P.M. ON SAID DATE. CONFIRM/ORDER RESOLUTION NO. 86-430/AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF MANOR HAIGHWAY IM- PROVEMENT -PHASE IV IN MANOR HIGHWAY IM- PROVEMENT DISTRICT -PHASE IV H-4519. 86-940 86-943 86-944 86-945