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HomeMy WebLinkAboutCC 1986-09-11 Minutes�«11. SEPTEMBER 11 , 1986 C *N6 KIM � (REGULAR) kA; 1 NPARED BY THE OFFICE OF THE CITY CLERK CITY FALL FATTY HIRAI City clock r 1� INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAM1, FLORIDA SEPTEMBER 11, 1986 ITEM SWJECT LEGISLATION PAGE I1D. s NO. 1. CONSENT AGENDA 1-2 9/11/86 1.1 CLOSURE OF STREETS FOR 1987 MIAMI R-86-662 2 INTERNATIONAL BOOK FAIR. 9/11/86 1.2 AUTHORIZE PERMIT TO FRIENDS OF R-86-663 2 WLRN, INC. TO CONSTRUCT A COAXIAL 9/11/86 CABLE INTERCONNECTION FOR PUBLIC SCHOOLS. 1.3 AUTHORIZE PURCHASE OF TWO HUNDRED R-86-664 2. SEASON TICKETS TO UNIVERSITY OF 9/11/86 MIAMI HOME FOOTBALL GAMES FOR UNDERPRIVILEGED. 1.4 ALLOCATING $250,000 TO ESTABLISH A R-86-665 2-3 FORFEITURE FUND DETAIL FOR POLICE 9/11/86 DEPARTMENT. 1.5 ACCEPT COMPLETED WORK OF M. VILA 8 R-86-666 3 ASSOC. FOR VIRGINIA KEY 9/11/86 REDEVELOPMENT GATEHOUSE MEDIAN. 1.6 ACCEPT COMPLETED WORK OF M. VILA & R-86-667 3 ASSOC. FOR VIRGINIA KEY 9/11/86 REDEVELOPMENT PARKING AREAS. 1.7 ACCEPT COMPLETED WORK OF MARKS R-86-668 3 BROTHERS FOR DREDGING SLIP 3 OLD 9/11/86 PORT OF MIAMI (CONTRACT B) 1.8 ACCEPT COMPLETED WORK OF MIRI R-86-669 3 CONSTRUCTION FOR SILVER BLUFF STORM 9/11/86 SEWER PROJECT - BID C. 1.9 ACCEPT COMPLETED WORK OF MAN -CON R-86-870 3 FOR CITYWIDE SANITARY SEWER 9/11/86 REPLACEMENT PROJECT -- NORTH RIVER DRIVE. 1.10 ACCEPTING THE PLAT ENTITLED B►G.B. R-86-671 3 SUBDIVISION 9/11/86 1.11 ACCEPT 29 DEEDS OF DEDICATION FOR R-86-1372 4 HIGHWAYS PURPOSES. 9/11/86 1.12 ALLOCATE $25.000 TO 1986 MIAMI R-86-673 4 CONFERENCE ON THE CARIBBEAN AND 9/11/86 $25,000 TO MARITIME TRANSPORTATION CONFERENCE. 1.13 EMPLOY WILLIAM S. TEASDALE 'FOR R-86-674 4 ADDITIONAL PROFESSIONAL SERVICES ON 9/11/86, DINNER KEY MARINA RENOVATION. R 1 I 1. 14 I,CCE" T BIC OF M. V ILA 8 ASSC C. FOR R-E6-675 4 CITYWIDE H I GH►SAY IMPROVEMENT PHASE 9/11/86 111. 1.16 ACCEPT BID OF EBSARY FOUNDATION CO. R-86-676 4 FOR DINNER KEY MARINA - BOAT RAMP 9/11/86 1986. 1.16 ACCEPT BID OF ROSE ENGINEERING R-86-677 5 CONTRACTORS FOR LOCAL DRAINAGE 9/11/86 PROJECT 3-56. 1.17 ORDERING CITY WIDE HIGHWAY R-86-678 5 IMPROVEMENT PHASE IV H-4526. 9/11/86 1.19 ORDERING FAIRLAWN SOUTH SANITARY R-86-679 5 SEWER IMPROVEMENT SR-5515-C. 9/11/86 1.19 RESCIND CONTRACT WITH AL MARTIN R-86-680 5 INDUSTRIES, INC. AND EXECUTE 9/11/86 CONTRACT 'WITH MET CONSTRUCTION, INC. FOR ORANGE BOWL RECEPTION ROOM. 1.20 ACCEPT BID OF ANTENNA SPECIALISTS R-86-681 5 FOR FIREFIGHTING PERSONAL ALERT 9/11/86 SAFETY SYSTEM UNITS. 1.21. ACCEPT BID OF CAIRNS 8 BROTN.ERS FOR R-86-682 5-6 FIREFIGHTING PROTECTIVE CLOTHING. 9/11/86 1.22 ACCEPT BID OF CEDARS MEDICAL CENTER R-86-683 6 FOR RADIOLOGY SERVICES TO PERSONNEL 9/11/86 MANAGEMENT DEPARTMENT. 1.23 ACCEPT BID OF BARCO CHEMICAL FOR 12 R-86-684 6 INDUSTRIAL VACUUMS TO DEPARTMENT OF 9/11/86 SOLID WASTE. 1.24 ACCEPT BID OF BRUNNING CO. FOR R-86-685 6 BLUEPRINT REPRODUCTION PAPER 9/11/86 SUPPLIES FOR PUBLIC WORKS DEPARTMENT. 1.26 ACCEPTING BID OF FENCE MASTERS, R-86-686 6 INC. FOR INSTALLATION OF FENCING AT 9/11/86 EIGHT CITY POOLS. 1.26 ACCEPT BID OF JOHNSON CONTROLS FOR R-86-687 6 AIR CONDITIONING MAINTENANCE AT 9/11/86 COMPUTER DEPARTMENT. 1.27 ACCEPT BIDS OF G.E. METCALF AND R-86-888 7 COMPANY FOR RED CLAY FOR ALL 9/11/86 DEPARTMENTS AS NEEDED. 1.26 ACCEPT BIDS OF UNDERWATER UNLIMITED R-86-689 7 AND SCUBA TUTORS FOR SCUBA GEAR 9/11/86 EQUIPMENT TO THE DEPARTMENT OF FIRE. 1.29 ACCEPT BID OF E.V.F. FOR R-86-690 7 MODIFICATION OF CITY VEHICLE TO A 9/11/86 MOBILE COMMAND POST TO DEPARTMENT OF FIRE. 1.30 ACCEPT BID OF AL HILL ENTERPRISE R-86-691 7 CORP. FOR INSTALLATION OF SANITARY 9/11/86 SEWER LINE AT GRAPELAND PARK. 1.31 ACCEPT RENTAL REHABILITATION R-86-692 7 PROGRAM GRANT FOR AFFORDABLE 9/11/86 HOUSING. 1.32 RE IN^ AWARD TO STARDJST R-86—t93 JANITORIAL AND LAWN SERVICES, ALEX 9/11/86 GROUNDS DOCTORS, AND E. & L LAWN AND TREE SERVICE; ACCEPT BID OF MAHOGANY NURSERY AND LANDSCAPING AND J.W. MAINTENANCE FOR MAINTENANCE OF CITY PARKS. 1.33 APPROVE EXPENDITURE TO REIMBURSE R-86-694 8 THE CITY OF NICE FOR DECORATING AND 9/11/86 MAINTAINING THE CITY OF MIAMI DISPLAY WINDOW IN NICE CONVENTION CENTER. 1.34 EXTEND AGREEMENT WITH MIAMI CAPITAL R-86-695 8 DEVELOPMENT INC., ALLOCATE $30,000 9/11/86 FOR THREE MONTHS UNTIL AUDIT IS COMPLETE. 1.35 COMMENCE PROCEEDINGS FOR REMOVAL OF R-86-696 8 BETTE & BERT BAYFRONT 66 MARINA, 9/11/86 INC., A/K/A/ MARTIN TRITT, FROM WATSON ISLAND. 1.36 DESIGNATE KAOHSIUNG, TAIWAN, R-86-697 8 REPUBLIC OF CHINA, AS "SISTER CITY" 9/11/86 OF CITY OF MIAMI. 1.37 DESIGNATE AS CATEGORY "B" PROJECT, R-86-698 9 THE CONVERSATION OF RETAIL SPACE, 9/11/86 ADJACENT MALL AND SERVICE AREAS AT KNIGHT CENTER INTO EXHIBITION SPACE. 2. ONE YEAR EXTENSION OF EMPLOYMENT R-86-699 9-11 PAST AGE OF 72 FOR ROSE MARTIN, 9/11/86 DEPARTMENT OF FIRE. 3. DEFER CONSIDERATION REGARDING A,-86-700 11 CARNAVAL MIAMI PASEO , 8—K RUN AND 9/11/86 a CALLS OCHO OPEN HOUSE FESTIVAL FOR ADMINISTRATION TO WORK OUT PROBLEMS WITH DATES. �. 4. APPROVE IN PRINCIPLE UNDERSTANDING— — R 86 701 12-14 BETWEEN CITY AND DADE COUNTY 9/11/86 RELATING TO MIAMI RIVER AND ITS TRIBUTARIES. 5. ALLOCATE $140.000 TO LEASE THIRTY R-86-702 14-16 (30) AUTOMOBILES FOR POLICE 9/11/86 DEPARTMENT FOR OPERATION OF S.T.I.N.G. (STRATEGY TO INHIBIT NARCOTICS GROWTH), ETC. S. SETTLEMENT: ALBER`P MINTUS—$95,000.. R-86-703 16-18 9/11/86 7. DISCUSSION OF S!50,000 PREVIOUSLY DISCUSSION 18 PASSED FOR OPEIiAT10N OF CRIME 9/11/86 SUPPRESSION FOR POLICE DEPARTMENT (SEE LABEL *1) 8. DISCUSSION AND DEFERRAL OF LAND DISCUSSION 18-20 SURVEY SERVICES FOR CITY PROJECTS 9/11/86 1986. u 9. DISCUSSION OF WITHDRAWAL OF DISCUSSION 21 9 PROPOSED BID ACCEPTANCE — FRANK J. 9/11/86 MORAN FOR BICENTENNIAL PARK BOAT FACILITIES. yy j_ 7.0. DISCL.'SSION OF PREP'IOUSLY PASSED DISCUSSION 21-23 RESS' -JT ICN TO P!Ef- ;,'. E EETT i E' �;T 9; 1 1 : E5 - BAYF RONT 66 MARINA F ROM WATSON ISLAND (SEE -LABELS *I AND 01 O ) 11. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 23-24 OF ACCEPTING THE BID OF TOXICOLOGY 9/11/86 TESTING SERVICES FOR LABORATORY SERVICES TO DEPARTMENT OF PERSONNEL.. (SEE LABEL 033) 12. BID ACCEPTANCE: WIMER-STUBBS/NUSSEY R-86-704 24-26 SEATING CO. FOR TELESCOPIC SEATING 9/11/86 _ AT COCONUT GROVE EXHIBITION CENTER. 13. CONTINUED DISCUSSION REGARDING DISCUSSION 27-32 RECONSIDERATION OF REMOVAL OF BETTE 9/11/86 6 BERT BAYFRONT 66 MARINA INC. A/K/A MARTIN TRITT, FROM WATSON ISLAND. (SEE LABELS o1 AND *10) 14. ACCEPT TWO FEDERAL HISTORIC R-86-705 32 PRESERVATION GRANTS AND EXECUTE 9/11/86 -. AGREEMENT WITH FLORIDA DEPARTMENT OF STATE, DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT. 15. AUTHORIZE EXECUTION OF AMENDMENT *3 R-86-706 33 TO AGREEMENT WITH O'LEARY SHAFER- 9/11/86 COSIO. CONSULTANTS FOR RENOVATION OF MOORE PARK. 16. WITHDRAWING PROPOSED REQUEST FOR M-86-707 33-37 PROPOSALS (RFP) FOR SELECTION OF 9/11/86 -; FIRM TO OPERATE. MANAGE AND MAINTAIN THE OVERTOWN SHOPPING CENTER UNTIL ADMINISTRATION COMES j BACK WITH REALISTIC RECOMMENDATION FOR PROJECT. 17. PRESENTATION TO RIVERO FUNERAL PRESENTED 38 HOME. 9/11/86 18. DEFER CONSIDERATION OF PROPOSED M-86-708 38-42 LEASE AGREEMENTS WITH METROPOLITAN 9/11/86 DADE COUNTY SCHOOL BOARD UNTIL SUCH TIME AS THE SCHOOL BOARD MAKES t BETTER OFFER FOR CITY. 19. AMEND LEASE AGREEMENT WITH ORANGE 7 R- 86-09 42-43 BOWL COMMITTEE FOR USE OF CITY 9/11/86 WAREHOUSES. j 20. CONVEY PERMANENT EASEMENT TO M-86-710 43-45 METROPOLITAN DADE COUNTY FOR USE OF 9/11/86 CITY PARCEL OF LAND AS CITY'S CONTRIBUTION FOR STAGE I OF DOWNTOWN PEOPLE MOVER. 21. EMERGENCY ORDINANCE: AMEND 9939, ORDINANCE 45-46 INCREASE APPROPRIATIONS FOR (A) 10143 i ORANGE BOWL CONCRETE SLAB AND JOIST 9/11/86 I 1 REPAIR AND (B) ORANGE BOWL RECEPTION/PRESS INTERVIEW AREA. 22. CONTINUED DISCUSSION OF DESIGNATION DISCUSSION 46-47 OF CITY OF KAOHSIONG. TAIWAN. 9/11/86 REPUBLIC OF CHINA (CONSENT �' AGENDA) - DESIGNATE COMMISSIONER 1 MI 23 . SECOND PEA'D I NG OFD 1 NAtvrr. ORDINANCE 47-�-0 CGDF; E A,C! 1, SF T14-1 1C CONSUMPTION OF At-COHOLIC BEVERAGES 9/11/86 AT WATERFRONT SPECIALTY CENTER. 24. BRIEF DISCUSSION ITEM- CITY DISCUSSION 50-51 ATTORNEY TO AMEND CITY CHARTER TO 9/11/86 INVALIDATE NEED FOR ROLL CALL ON UNANIMOUS VOTES. 25. BRIEF DISCUSSION ITEM: RECENT DISCUSSION 51-53 FAILURE OF THE SEPT. 2. 1986 9/11/86 REFERENDUM QUESTION. 26. BRIEF DISCUSSION ITEM: FUTURE PLANS DISCUSSION 53 TO REFINANCE CITY OF MIAMI 9/11/86 CONVENTION CENTER BONDS. _ 27. (A)SECOND READING ORDINANCE: AMEND ORDINANCE 54-58 SECTION I OF 10112 - APPROPRIATE 10145 $2,030,000 FOR NEW TRUST AND AGENCY 9/11/86 FUND: C.D. BLOCK GRANT (TWELFTH YEAR) (B)DIRECT ADMINISTRATION TO IDENTIFY $32,000 TO FUND OVERTOWN CULTURAL CENTER. 28. FIRST READING ORDINANCE: AMEND FIRST 59-62 SECTION 2-309 TO CITY CHAPTER 2 - READING 'FINANCIAL DISCLOSURE" - INCLUDE 9/11/86 ALL UNCLASSIFIED EMPLOYEES. 29. DISCUSSION AND DEFERRAL OF PROPOSED DISCUSSION 62-68 ORDINANCE TO ESTABLISH RATES AT 9/11188 CERTAIN ON -STREET PARKING METERS AND OFF-STREET LOTS, ETC. 30. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 68 OF PROPOSED ORDINANCE - RE -LIGHTING 9/11/86 OF PUBLIC AND PRIVATE LOTS. (SEE LABEL *32) 1 31. GRANT REQUEST FROM MIAMI DADE WATER M-86-711 69-70 & SEWER DEPARTMENT TO BUY FILL 9/11/86 MATERIAL FROM VIRGINIA KEY. 32. (CONTINUED DISCUSSION) FIRST FIRST 70-71 READING ORDINANCE AMEND CODE READING CHAPTER 36, ARTICLE VII - "LIGHTING 9/11/88 OF PUBLIC AND PRIVATE PARKING LOTS" - REPEAL "PARKING LOT REVIEW BOARD." 33. FIRST READING ORDINANCE: AMEND CODE FIRST 71-73 SEC.2-279 (C) - QUORUM REQUIREMENT READING FOR MEETINGS OF MIAMI AFFIRMATIVE 9/11/86 ACTION BOARD. 34. FIRST READING ORDINANCE: REPEAL FIRST 73-74 CODE SECTIONS 5-4/5-61 ("CITY OF READING MIAMI PROFESSIONAL WRESTLING 9/11/86 BOARD") - ESTABLISH SECTION CONCERNING PROFESSIONAL WRESTLING ACTIVITY. 35. FIRST READING ORDINANCE: AMEND FIRST 74-75 10085 - PERMIT CITY MANAGER TO READING PERMIT SALE/DISPENSATION OF BEER OR 9/11/88 WINE IN ONE ADDITIONAL CITY PARK (VIRGINIA KEY PARK) 26. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. f.!PST RE4VINa ORnlNo-N:E: Ak _:ND Cn^- FIR.3T I f SE:.. 40-Co - ELIGI6LLE REGISTER., RLAGING ETC - PROVIDE FOR EXTENSION OF 9/11/86 - REGISTERS AFFECTED BY FREEZE ON PROMOTIONS. FIRST READING ORDINANCE: AMEND FIRST 78-81 9939 -- ESTABLISH "CITYWIDE READING NEIGHBORHOOD PARK RENOVATION" AS 9/11/86 CAPITAL PROJECT. FIRST READING ORDINANCE: AMEND FIRST 82 9939 - INCREASE APPROPRIATIONS FOR READING "MIAMI STADIUM - ROOF REPAIRS" AND 9/11/86 "MIAMI STADIUM - PRESS BOX REPAIRS." PRESENTATION OF PLAQUE TO BOBBY PRESENTED 83 MADURO. 9/11/86 RATIFY CITY MANAGER'S AUTHORIZATION R-86-712 83-84 TO ISSUE EMERGENCY PURCHASE ORDER 9/11/86 TO "IRWIN SEATING COMPANY" FOR THEATRE FOR COMMISSION CHAMBER. RATIFY CITY MANAGER'S AUTHORIZATION R-86-713 84 TO ISSUE EMERGENCY PURCHASE ORDER 9/11/86 FOR PURCHASE OF HURRICANE SHUTTERS FOR THE DON HICKMAN BUILDING. DIRECT CITY MANAGER TO PREPARE M-86-714 85-101 R.F.P. FOR OPERATION OF A FULL 9/11/86 SERVICE MARINA AT MARINA KEY. DISCUSSION REGARDING CITY OPERATION DISCUSSION 101-102 OF MIAMARINA. 9/11/86 ACCEPT BID: EBSARY FOUNDATION CO..- R-86-715 103-105 DINNER KEY MARINA PILE REPLACEMENT. 9/11/86 APPOINT INDIVIDUALS TO "CITY OF R-86-716 105-107 MIAMI HERITAGE CONSERVATION BOARD" 9/11/86 (APPOINTED WERE: PERRY HOWARD. MARK REEVES AND CARLOS BATISTA) APPOINT MEMBER TO CITY'S CODE R-86-717 107-108 ENFORCEMENT BOARD (APPOINTED WAS: 9/11/86 GEORGE WESLEY POWELL) APPOINT INDIVIDUAL TO THE CITY'S DISCUSSION 108 AUDIT ADVISORY COMMITTEE. NOTE: 9/11/86 THIS MOTION WAS LATER AMENDED TO APPOINT ANA MAGDA GUILL16N. SEE LABEL 63) APPOINT MEMBER ON THE DADE COUNTY R-86-719 108-109 AUDIT REVIEW COMMITTEE (APPOINTED 9/11/86 WAS GEORGE KOONCE FLORIDA INTERNATIONAL UNIVERSITY) ACCEPT COMPLETED WORK: IRWIN- R-86-720 109-110 GREENWELL. INC. (EAST LITTLE 9/11/86 - HAVANA HIGHWAY IMPROVEMENT - PHASE I (BID "A") H-4487 ACCEPT COMPLETED WORK: PRE R-86-721 110 CONSTRUCTION COMPANY. INC. (EAST 9/11/86 LITTLE HAVANA HIGH IMPROVEMENT - PHASE 1 (BIDS "C" AND "D" - H-4487) CONFIRM ASSESSMENT ROLL: BUENA R-86-722 111 VISTA HIGHWAY IMPROVEMENT o- PHASE 9/11/86 1 - H-4475. 52. INCREASE CONTRACT AND REDUCE R-86-723 111-113 BETAiNAGE IN CONTRACT WITH MET 9/11/86 CONSTRUCTION INC. (ORANGE BOWL JOIST REPLACEMENT - 1986 ) 63. FORMALIZATION OF PREVIOUS MOTION R-86-724 113-114 APPOINTING A MEMBER TO THE CITY'S 9/11/86 AUDIT REVIEW COMMITTEE. 54. APPROVE SOURCE PURCHASE - R-86-725 114-115 MAINTENANCE SERVICES AND RELATES 9/11/86 SUPPLIES FOR PHYSIO CONTROL LIFE SUPPORT EQUIPMENT. 55. APPROVE PERMANENT BERTHING OF M-86-726 115-118 AIRCRAFT CARRIER "USS SHANGRI-LA 9/11/86 (CVA-38)" AT BICENTENNIAL PARK TO BE USED AS A SEA -AIR SPACE MUSEUM. 56. REFER TO CITY MANAGER FUNDING DISCUSSION 118-120 REQUEST FROM THE "COUNCIL FOR 9/11/86 INTERNATIONAL VISITORS OF GREATER MIAMI." 57. REFER BACK TO CITY MANAGER, FOR DISCUSSION 120-123 FURTHER REVIEW, COMMUNITY REQUESTS 9/11/86 BROUGHT UP BY THE LATIN QUARTER ASSOCIATION. 58. PERSONAL APPEARANCE: MIRIAM DONNER DISCUSSION 124-131 TO DISCUSS HER LITIGATION AGAINST 9/11/86 THE CITY. 59. REFER TO MANAGER FOR HIS -M-86-727 131-136 RECOMMENDATION REQUEST FROM BLACK 9/11/86 ARCHIVES, HISTORY AND RESEARCH FOUNDATION RE (A) OVERTOWN FOLKLIFE VILLAGE, (B) ARTEMUS BROWN HOUSE. 60. ALLOCATE $6,000 FOR USE OF COCONUT R-86-728 137-139 GROVE EXHIBITION CENTRE RE UNITED 9/11/86 CEREBRAL PALSY "BAILE LATINO" EVENT. 61. DENY REQUEST FOR CITY DISCUSSION 139-143 SPONSORING/FUNDING OF SUNSTREET 9/11/86 FESTIVAL. 62. DISCUSSION OF THE MORNINGSIDE CIVIC DISCUSSION 143-144 ASSOCIATION TO REQUEST TRANSFER OF 9/11/86 A STATUE OF JUAN PONCE DE LEON TO THE ENTRANCE OF MORNINGSIDE PARK. 63. DISCUSSION OF PROPOSED POLICE DISCUSSION 145-148 FACILITY AT 7211 BISCAYNE 9/11/86 BOULEVARD. 64. ALLOCATE $100,000 TO METRO-MIAMI M-86-729 148-150 ACTION PLAN (4 FULL POSITIONS). 9/11/86 65. REFER TO ADMINISTRATION REQUEST M-86-730 150-153 FROM RADIO F:TATION W.D.E.R FOR 9/11/86 SUPPORT OF x_':NUAL BLACK MUSIC ASSOCIATION CONVENTION. 66. $1,400 ALLOCATED TO MUNICIPIOS FOR R-86-731 153-155 FESTIVAL AT ROBERT KING HIGH PARK. 9/11/66 67. REFER TO CITY MANAGER REQUEST FROM R-86-732 156-158 GOLDEN GLOVES ASSOCIATION FOR 9/11/86 SUPPORT OF THEIR TOURNAMENT. c { , Sg, CLOSE STPEET:. FCR GREAT C^C•-DI4UT R-66-73^ 168�-159 GROVE BIKE FACE. 9/11/86 69. (A)FIRST PUBLIC HEARING ON THE M-86-734 159-176 BUDGET; IMPLEMENT SAVE STANDARDS AS M-86-735 DADE COUNTY FOR POLICE PATROL M-86-736 VEHICLES. (B)ALLOCATE ONE MILLION 9/11/66 DOLLARS FOR POLICE DEPARTMENT FOR OVERTIME AND FURTHER OPEN RECRUITMENT OF POLICE NATIONWIDE. (C) NAME POLICE STRESS SIMULATOR IN HONOR OF DAVID HERRING. 70. FIRST READING ORDINANCE: DEFINING FIRST 176-178 AND DESIGNATING TERRITORIAL LIMITS READING OF THE CITY OF MIAMI FOR PURPOSES 9/11/86 OF TAXATION -FIXING MILLAGE. 71. FIRST READING ORDINANCE: MAKING FIRST 178-179 APPRORIATIONS FOR FISCAL YEAR READING ENDING SEPTEMBER 30, 1987. 9/11/86 72. FIRST READING ORDINANCE: DEFINING FIRST 179-181 AND DESIGNATING TERRITORIAL LIMITS READING OF THE DOWNTOWN DEVELOPMENT 9/11/86 DISTRICT OF THE CITY OF MIAMI - FIXING MILLAGE. 73. FIRST READING ORDINANCE: MAKING FIRST 181-182 APPROPRIATIONS FOR DOWNTOWN READING DEVELOPMENT AUTHORITY FOR FISCAL 9/11/86 YEAR ENDING SEPTEMBER 30,1987. 74. PRIORITIZE 'EXPERIMENTAL PARKING M-86-737 183-184 PROGRAM IN ALLAPATTAH. 9/11/86 75. (A) INSTITUTE AND ADOPT POLICY M-86-738 184-188 THAT ANY CITY EMPLOYEE M-86-739 ARRESTED/CONVICTED IN DRUG STING 9/11/86 OPERATION BE TERMINATED. (B) REQUIRE PROSPECTIVE EMPLOYEES TO PASS DRUG SCREENING TEST. 76. DISCUSSION CONCERNING TENTATIVE DISCUSSION 189-190 GRANBREAKING OF CLAUGHTON ISLAND 9/11/86 PROJECTS. 77. DISCUSSION REGARDING CONSTRUCTION DISCUSSION 191 OF POLICE SUBSTATIONS. 9/11/86 78. SIGN LEASE AGREEMENT WITH CASINO M-86-740 191-201 ESPANOL WITH CERTAIN PROVISOS. 9/11/86 79. (A)EXECUTE REIMBURSEMENT AGREEMENT M-86-741 202-211 BETWEEN THE CITY AND THE MIAMI R-86-742 SPORTS AND EXHIBITION AUTHORITY 9/11/86 REGARDING DEVELOPMENT OF THE ARENA. (B)EXECUTE LAND USE AGREEMENT BETWEEN CITY AND THE SPORTS SPORTS & EXHIBITION AUTHORITY (SUBJECT TO PROVISO) REGARDING DEVELOPMENT AGREEMENT BETWEEN DECOMA AND THE SPORTS AUTHORITY. 80. CONTINUE PUBLIC HEARING IN M-88-743 212-217 CONNECTION WITH NEIGHBORS' 9/11/88 COMPLAINTS REGARDING PROPOSED CONSTRUCTION OF BAYCREST HIGHWAY IMPROVEMENT - PHASE 11 H-4522. 61. APPOIW7 M=1fS'ER TO THE EGARO OF R_EF.."-j4 217-218 TRUSTEES OF THE CITY OF MIAMI 9/11/86 GENERAL EMPLOYEES & SANITATION EMPLOYEES RETIREMENT TRUST. (NOTE: ROS= GORDON WAS REAPPOINTED) 62. REOUEST BY CITY RESIDENTS TO DISCUSSION 218-223 PUBLICLY IFXP0-,E THE REASONS FOR 9/11/86 THE DEMOTION OF HIGH RANKING OFFICERS IN THE POLICE DEPARTMENT. 83. ACCEPT BID FROM TOXICOLOGY TESTING R-86-745 223-224 SERVICE - FURNISH LABORATORY 9/11/86 SERVICES FOR DEPARTMENT OF PERSONNEL & MANAGEMENT. 84. AUTHORIZE EXECUTION OF AGREEMENT R-86-746 224-227 WITH THE CITY'S CABLE TELEVISION 9/11/86 LICENSEE. 85. SCHEDULE PUBLIC HEARING IN M-86-747 228-232 CONNECTION WITH PROPOSED MANOR 9/11/86 HIGHWAY IMPROVEMENT PHASE IV. 86. EMERGENCY ORDINANCE: AMEND CITY OF ORDINANCE 232-233 MIAMI CABLE TELEVISION LICENSES 10146 ORDINANCE 9332. 9/11/86 87. DESIGNATE EXPANSION AND RENOVATION R-86-748 233-235 OF COCONUT GROVE EXHIBITION CENTER 9/11/86 AS A CATEGORY "B" PROJECT. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA • • � e s On the llth day of September, 1986, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:02 O'Clock A.M. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez ALSO PRESENT: Cesar Odio, City Manager Lucia Allen Dougherty, City Attorney Matty Hirai, City Clerk Walter Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez who then led those present in a pledge of allegiance to the flag. The minutes of the Planning & Zoning Meetings of April 22, 1986 and May 22. 1986; and the Regular Commission Meeting of May 7, 1986 were approved. jWM FOR THE RECORD: The administration withdrew items 22, 48, and 72. 1. CONSENT AGENDA Mrs. Kennedy: I want to pull item 17. Mayor Suarez: The administration had asked for items 22 and 48 of the consent agenda. so we have those two out. You want 17, Commissioner? Mr. Plummer: Mr. Mayor, I wish to pull items 3, 4, 6. and 31 for further discussion. Mr. Dawkins: Items 4. 5. 29. 31. 43, 44, 46, 49, 50. and 51. Mr. Plummer: Other than that, it's all right. Mr. Dawkins: I want to pull item 1. Mr. Plummer: Da you want to start Mr. Mayor? Y Y Mayor Suarez: Yes. Mr. Plummer: Mr. Mayor, I'll start, if you want. I only have a total of four, of which some others are being covered. Mayor Suarez: Let us announce the ones that are not pulled out. Is everyone satisfied that they pulled the ones they want? Mr. Plummer: Well, of course Commissioner Carollo would have that opportunity at such time as his arrival. 1 move that we move the consent agenda. Mr. Dawkins: Second. 1 September 11, 1986 M Mayor Suarez: l:e have a motion and a second to approve the cnnscnt agenda. which constitutes items 1 through 53 of today's published agenda, with the exception of the ones that have been pulled. Those are -I hope I have them all- 1. 3. 4, 5. 6. 17, 22, 29. 31, 43, 44, 46, 48, 49, 50, and 51. With the exception of those items, is there anyone who wishes to be heard for or against any of the other items comprised by the consent agenda, that being items 1 through 53? Let the record reflect that no one has asked to be heard on those items. We hove a motion and +a second on the consent agenda. With thoc exceptions. please call the roll. THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE MAYOR DAWKINS, THE FOLLOWING ITEMS WERE APPROVED 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 1.1 CLOSURE OF STREETS FOR 1987 MIAMI INTERNATIONAL BOOK FAIR RESOLUTION NO. 86-662 A RESOLUTION CONCERNING THE 1987 MIAMI INTERNATIONAL BOOK FAIR TO BE CONDUCTED BY THE MIAMI BOOK FAIR INTERNATIONAL. INC., AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A TEMPORARY PEDESTRIAN MALL SUBJECT TO 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; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT. 1.2 AUTHORIZE PERMIT TO FRIENDS OF WLRN, INC. TO CONSTRUCT A COAXIAL CABLE INTERCONNECTION FOR PUBLIC SCHOOLS RESOLUTION NO. 86-663 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT IN SUBSTANTIALLY THE FORM ATTACHED HERETO TO FRIENDS OF WLRN, INC.. A FLORIDA NOT -FOR -PROFIT CORPORATION, TO CONSTRUCT A COAXIAL CABLE INTERCONNECTION FOR THE DADE COUNTY PUBLIC SCHOOLS, USING THE CITY OF MIAMI'S RIGHTS -OF -WAY FOR POLE ATTACHMENTS TO POLES OWNED BY FLORIDA POWER AND LIGHT RUNNING GENERALLY BETWEEN 1410 N.E. 2ND AVENUE AND 111 N.W. 1ST STREET. 1.3 AUTHORIZE PURCHASE OF TWO HUNDRED SEASON TICKETS TO UNIVERSITY OF MIAMI HOME FOOTBALL GAMES FOR UNDERPRIVILEGED RESOLUTION NO. 86-664 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE TWO HUNDRED RESERVED SEASON TICKETS AT A TOTAL CAST OF $16.600 FOR 1986 UNIVERSITY OF MIAMI HOME FOOTBALL GAMES TO BE DISTRIBUTED TO UNDERPRIVILEGED INDIVIDUALS WITH F►JNDING F07' SAID PURCHASE TO BE ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND. 1.4 ALLOCATING $250,000 TO ESTABLISH A FORFEITURE FUND DETAIL FOR POLICE DEPARTMENT RESOLUTION NO. 86-665 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED TWO HUNDRED AND FIFTY THOUSAND DOLLARS (S250.000) FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND TO ESTABLISH A FORFEITURE FUND DETA:(L AND TO COVER NECESSARY EXPENSES INCURRED RELATING TO THE OPERATION OF THE FOfif:.ITURF FUND AND OPERATION CRIME SUPPRESSION BY THE MIAMI POLICE DEPARTMENT, UPON SUCH COSTS AND EXPENSES HAVING BEEN APPROVED BY THE CHIEF OF POLICE. 2.5 ACCEPT COMPLETED WORK OF M. VILA & ASSOC. FOR VIRGINIA KEY REDEVELOPMENT GATEHOUSE MEDIAN RESOLUTION NO. 86-666 A RESOLUTION ACCEPTING THE COMPLETED WORK OF M. VILA & ASSOCIATES, INC. AT A TOTAL COST OF $50.367.50 FOR VIRGINIA KEY REDEVELOPMENT - GATEHOUSE MEDIAN; AND AUTHORIZING A FINAL PAYMENT OF $5,036.75. 1.6 ACCEPT COMPLETED WORK OF M. VILA & ASSOC. FOR VIRGINIA KEY REDEVELOPMENT PARKING AREAS RESOLUTION NO. 86-667 A RESOLUTION ACCEPTING THE COMPLETED WORK OF M. VILA & ASSOCIATES, INC. AT A TOTAL COST OF $124,955.00 FOR VIRGINIA KEY REDEVELOPMENT - PARKING AREAS; AND AUTHORIZING A FINAL PAYMENT OF $12.495.50, 1.7 ACCEPT COMPLETED WORK OF MARKS BROTHERS FOR DREDGING SLIP 3 OLD PORT OF MIAMI (CONTRACT B) RESOLUTION NO. 86-668 A RESOLUTION ACCEPTING THE COMPLETED WORK OF MARKS BROTHERS COMPANY AT A TOTAL COST OF $96,400.00 FOR DREDGING -SLIP 3 OLD PORT OF MIAMI (CONTRACT "B"); AND AUTHORIZING A FINAL PAYMENT OF $9,640.00. 1.8 ACCEPT COMPLETED WORK OF MIRI CONSTRUCTION FOR SILVER BLUFF STORM SEWER PROJECT - BID C RESOLUTION NO. 86-669 A RESOLUTION ACCEPTING THE COMPLETED WORK OF MIRI CONSTRUCTION. INC. AT A TOTAL COST OF $107,877.12 FOR SILVER BLUFF STORM SEWER PROJECT - BID "C"; AND AUTHORIZING A FINAL PAYMENT OF $10,380.46. 1.9 ACCEPT COMPLETED WORK OF MAN -CON FOR CITYWIDE SANITARY SEWER REPLACEMENT PROJECT - NORTH RIVER DRIVE RESOLUTION NO. 86-670 A RESOLUTION ACCEPTING THEE COMPLETED WORK OF MAN -CON, INC. AT A TOTAL COST OF $169,407.00 FOR CITY-WIDE SANITARY SEWER REPLACEMENT PROJECT - NORTH RIVER DRIVE; AND AUTHORIZING A FINAL PAYMENT OF $8,239.30. 1.10 ACCEPTING THE PLAT ENTITLED B.C.B. SUBDIVISION RESOLUTION NO. 86-671 A RESOLUTION ACCEPTING THE PLAT ENTITLED B.G.B. SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI: AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT: AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT TWENTY NINE (29) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING THE RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. 1012 ALLOCATE $25,000 TO 1986 MIAMI CONFERENCE ON THE CARIBBEAN AND $25,000 TO MARITIME TRANSPORTATION CONFERENCE RESOLUTION NO. 86-673 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED Sn0,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND; $25,000 IN SUPPORT OF THEE 1986 MIAMI CONFERENCE ON THE CARIBBEAN AND S25,000 IN SUPPORT OF THE MARITIME TRANSPORTATION CONFERENCE SPONSORED BY THE CARIBBEAN CENTRAL AMERICAN ACTION, INC. (CAAA); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT. IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID ORGANIZATION TO IMPLEMENT SAID ALLOCATION. 1.13 EMPLOY WILLIAM S. TEASDALE FOR ADDITIONAL PROFESSIONAL SERVICES ON DINNER KEY MARINA RENOVATION RESOLUTION NO. 86-674 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMPLOYMENT OF WILLIAM S. TEASDALE FOR ADDITIONAL PROFESSIONAL SERVICES WITHIN THE ORIGINAL SCOPE OF SERVICES BUT FOR UNFORESEEN ADDITIONAL WORK ON THE DINNER KEY MARINA RENOVATION AND EXPANSION PROJECT PLANS IN CONNECTION WITH THE NOVEMBER 4, 1985 AGREEMENT WITH SAID FIRM FOR A FEE OF $8,650; ALLOCATING FUNDS THEREFOR FROM THE DINNER KEY MARINA RETAINLD EARNINGS FUND. 1.14 ACCEPT BID OF M. VILA & ASSOC. FOR CITYWIDE HIGHWAY IMPROVEMENT PHASE III RESOLUTION NO. 86-675 .9 A RESOLUTION ACCEPTING THE BID OF M. VILA & ASSOCIATES, INC. IN THE PROPOSED AMOUNT OF $167,452.45, TOTAL BID OF THE PROPOSAL, FOR CITYWIDE HIGHWAY IMPROVEMENT PHASE III; WITH MONIES THEREFOR ALLOCATED FROM "CITYWIDE PAVING IMPROVEMENTS - FY 86" ACCOUNT IN THE AMOUNT OF $167.452.45 7 COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM; AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION BY M. VILA & ASSOCIATES, INC. OF CITYWIDE HIGHWAY IMPROVEMENT PHASE III UPON SATISFACTORY COMPLETION OF SAID CONSTRUCTION. 2.15 ACCEPT BID OF EBSARY FOUNDATION CO. FOR DINNER KEY MARINA - BOAT RAMP 1986 :1 RESOLUTION NO. 86-676 3 A RESOLUTION ACCEPTING THE BID OF EBSARY FOUNDATION CO., INC. IN THE PROPOSED AMOUNT OF $116,725.00. TOTAL BID OF THE PROPOSAL, FOR DINNER KEY MARINA - BOAT RAMP - 1986; WITH MONIES THEREFORE ALLOCATED FROM "DINNER KEY MARINA RENOVATION/EXPANSION" ACCOUNT IN ` THE AMOUNT OF $116.725.000 TO COVER THEE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 4 September 11, 1901, PROJECT 3-56 7T ROSE f`::;I'iEET.i' _ C0147-F AIC1,_`RS FOP LOC. L D,.A:?NAGE RESOLUTION NO. 86-677 A RESOLUTION ACCEPTING THE BID OF ROSE ENGINEERING CONTRACTORS IN THE PROPOSED AMOUNT OF $481,605.00, TOTAL BID OF THE PROPOSAL, FOR LOCAL DRAINAGE PROJECT E-56; WITH MONIES THEREFOR ALLOCATED 1110H "LOCAL DRAINAGE PROJECTS - 1986" ACCOUNT IN THE AMOUNT OF $481.605.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 1.17 ORDERING CITY WIDE HIGHWAY IMPROVEMENT PHASE IV H-4526 RESOLUTION NO. 86-678 A RESOLUTION ORDERING CITY WIDE HIGHWAY IMPROVEMENT -PHASE IV H- 4526 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS CITY WIDE HIGHWAY IMPROVEMENT DISTRICT -PHASE IV H-4526. 1.18 ORDERING FAIRLAWN SOUTH SANITARY SEWER IMPROVEMENT SR-5515-C RESOLUTION NO. 86-679 A RESOLUTION ORDERING FAIRLAWN SOUTH SANITARY SEWER IMPROVEMENT SR-5515-C AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS FAIRLAWN SOUTH SANITARY SEWER IMPROVEMENT DISTRICT SR-5515-C. 1.19 RESCIND CONTRACT WITH AL MARTIN INDUSTRIES, INC. AND EXECUTE CONTRACT WITH MET CONSTRUCTION, INC. FOR ORANGE BOWL RECEPTION ROOM RESOLUTION NO. 86-680 A RESOLUTION RATIFYING THE ACTIONS OF THE CITY MANAGER WHICH RESCINDED A CONTRACT BETWEEN THE CITY OF MIAMI AND AL MARTIN INDUSTRIES, INC., AND EXECUTED A CONTRACT BETWEEN THE CITY OF MIAMI AND MET CONSTRUCTION, INC. FOR THE ORANGE BOWL RECEPTION ROOM; RESCINDING RESOLUTION NO. 86-510, ADOPTED JUNE 26, 1986, WHICH AWARDED A CCNTRACT TO AL MARTIN INDUSTRIES, INC.; AND AWARDING A CONTRACT TO MET CONSTRUCTION, INC., FOR THEE ORANGE BOWL RECEPTION ROOM. 2.20 ACCEPT BID OF ANTENNA SPECIALISTS FOR FIREFIGHTING PERSONAL ALERT SAFETY SYSTEM UNITS RESOLUTION NO. 86-681 A RESOLUTION ACCEPTING THE BID OF ANTENNA SPECIALISTS COMPANY FOR FURNISHING FIREFIGHTING PERSONAL ALERT SAFETY SYSTEM UNITS TO THE DEPARTMENT OF FIRE, RESCUE & INSPECTION SERVICES AT A TOTAL PROPOSED COST OF S16,940.00; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 GENERAL FUND ACCOUNT; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. 1.21 ACCEPT BID OF CAIRNS & BROTHERS FOR FIREFIGHTING PROTECTIVE CLOTHING RESOLUTION NO. 86-682 A RESOLUTION ACCEPTING THE BID OF CAIRNS & BROTHERS, INC. FOR FURNISHING FIREFIGHTING PROTECTIVE CLOTHING TO THE DEPARTMENT OF FIRE, RESCUE & INSPECTION SERVICES AT A TOTAL ESTIMATED COST OF $9.600.00; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 OPERATING 5 September 11, 1986 i� 1.22 1.23 1.24 1.25 1.26 BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THL CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. ACCEPT BID OF CEDARS MEDICAL CENTER FOR RADIOLOGY SERVICES TO PERSONNEL MANAGEMENT DEPARTMENT RESOLUTION NO. 86-683 A RESOLUTION ACCEPTING THE BID OF CEDARS MEDICAL CENTER FOR FURNISHING RADIOLOGY SERVICES TO THE DEPARTMENT OF PERSONNEL MANAGEMENT ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY AT A TOTAL PROPOSED FIRST YEAR COST OF $12,250.00; 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 THIS SERVICE. ACCEPT BID OF BARCO CHEMICAL FOR 12 INDUSTRIAL VACUUMS TO DEPARTMENT OF SOLID WASTE RESOLUTION NO. 86-684 A RESOLUTION ACCEPTING THE BID OF BARCO CHEMICAL, INC. FOR FURNISHING TWELVE (12) INDUSTRIAL VACUUMS TO THE DEPARTMENT OF SOLID WASTE AT A TOTAL PROPOSED COST OF $8,992.80; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 GENERAL FUND ACCOUNT; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. ACCEPT BID OF BRUNING CO. FOR BLUEPRINT REPRODUCTION PAPER SUPPLIES FOR PUBLIC WORKS DEPARTMENT RESOLUTION NO. 86-685 A RESOLUTION ACCEPTING THE BID OF BRUNING COMPANY FOR FURNISHING BLUEPRINT REPRODUCTION PAPER SUPPLIES ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY TO THE DEPARTMENT OF PUBLIC WORKS AT A TOTAL ESTIMATED FIRST YEAR COST OF $8,000.00; 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 THESE SUPPLIES. ACCEPTING BID OF FENCE MASTERS, INC. FOR INSTALLATION OF FENCING AT EIGHT CITY POOLS RESOLUTION NO. 86-686 A RESOLUTION ACCEPTING THE BID OF FENCE MASTERS, INC. FOR FURNISHING ALL LABOR AND MATERIALS FOR INSTALLATION OF FENCING AT EIGHT (8) CITY POOLS TO THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES AT A TOTAL PROPOSED COST OF $144,135; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 SPECIAL PROGRAMS AND ACCOUNTS - PARK IMPROVEMENT FUND; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE MATERIALS. ACCEPT BID OF JOHNSON CONTROLS FOR AIR CONDITIONING MAINTENANCE AT COMPUTER DEPARTMENT RESOLUTION NO. 86-687 A RESOLUTION ACCEPTING THE BID OF JOHNSON CONTROLS, INC. FOR FURNISHING AIR CONDITIONING MAINTENANCE AT THE COMPUTER DEPARTMENT ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED FIRST YEAR COST OF $7,212.00; ALLOCATING FUNDS THEREFOR FROM THE INTERNAL SERVICES FUND; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCURL4 ENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. a F, 1,27 ACCEPT BID OF G.E. METCALF AND COMPANY FOR RED CLAY FOR ALL DEPARTMENTS AS NEEDED RESOLUTION NO. 86-688 A RESOLUTION ACCEPTING THE BID OF G.E. METCALF AND COMPANY, INC. FOR FURNISHING APPROXIMATELY 2,500 CU. YDS. OF RED CLAY AT A COST OF $16.30 PER YARD, AS NEEDED, ON A CONTRACT BASIS FOR ONE (1) YEAR TO ALL CITY DEPARTMENTS: PARTICULARLY THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES, AT A TOTAL PROPOSED COST OF $40.750; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 OPERATING BUDGETS OF THE USING DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE MATERIALS, SUBJECT TO THEE AVAILABILITY OF FUNDS. 1.26 ACCEPT BIDS OF UNDERWATER UNLIMITED AND SCUBA TUTORS FOR SCUBA GEAR EQUIPMENT TO THE DEPARTMENT OF FIRE RESOLUTION NO. 86-689 A RESOLUTION ACCEPTING THE BIDS OF UNDERWATER UNLIMITED, INC. AT A PROPOSED COST OF $5,511.60, AND SCUBA TUTORS, INC. AT A PROPOSED COST OF $3,100.00 FOR FURNISHING SCUBA GEAR EQUIPMENT TO THE DEPARTMENT OF FIRE, RESCUE & INSPECTION SERVICES AT A TOTAL PROPOSED COST OF $8,611.60; ALLOCATING FUNDS THEREFOR FROM THE 1981—FIRE BONDS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT. 1.29 ACCEPT BID OF E.V.F. FOR MODIFICATION OF CITY VEHICLE TO A MOBILE COMMAND POST TO DEPARTMENT OF FIRE RESOLUTION NO. 86-690 A RESOLUTION ACCEPTING THE BID OF E.V.F., INC. FOR FURNISHING MODIFICATION OF CITY VEHICLE TO A MOBILE COMMAND POST TO THEE DEPARTMENT OF FIRE, RESCUE & INSPECTION SERVICES AT A TOTAL PROPOSED COST OF $5.065.00, ALLOCATING FUNDS THEREFOR FROM THE 1981 BOND —FIRE APPARATUS ACQUISITION REPLACEMENT & MODIFICATION ACCOUNT; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. 2.30 ACCEPT BID OF AL HILL ENTERPRISE CORP. FOR INSTALLATION OF SANITARY SEWER LINE AT GRAPELAND PARK RESOLUTION NO. 86-691 A RESOLUTION ACCEPTING THE BID OF AL HILL ENTERPRISE CORP. FOR INSTALLATION OF A SANITARY SEWER LINE AT GRAPELAND PARK TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL ESTIMATED COST OF $12,380.00; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 INTERNAL SERVICE FUNDS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. 2.31 ACCEPT RENTAL REHABILITATION PROGRAM GRANT FOR AFFORDABLE HOUSING. RESOLUTION NO. 86-692 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A RENTAL REHABILITATION PROGRAM GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR $155,000 OF ADDITIONAL FISCAL YEAR 1985 FUNDS TO INCREASE THEE SUPPLY OF AFFORDABLE, STANDARD HOUSING FOR LOWER INCOME FAMILIES; AND FURTHER AUTHORIZING THE CITY MANAGER TO SUBMIT THE NECESSARY CONTRACTS AND AGREEMENTS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 7 SeeLr 11 l+ 1.32 RESCIND AWARD TO STARDUST JANITORIAL AND LAWN SERVICES, ALEX GROUNDS DOCTORS, AND E.&L.LAWN AND TREE SERVICE; ACCEPT BID OF MAHOGANY NURSERY AND LANDSCAPING AND J.W. MAINTENANCE FOR MAINTENANCE OF CITY PARKS RESOLUTION NO. 86-693 A RESOLUTION RESCINDING THE AWARD AUTHORIZED BY RESOLUTION NO. 86- 31E OF MAY 7, 1986 TO STARDUST JANITORIAL AND LAWN SERVICES, ALEX GROUNDS DOCTORS, INC., AND E.&L. LAWN AND TREE SERVICE, INC. DUE TO FAILURE TO PROVIDE INSURANCE AS REQUIRED; ACCEPTING THE BIDS OF MAHOGANY NURSERY AND LANDSCAPING IN THE AMOUNT OF $68, 712 AND OF J.W. MAINTENANCE AND LAWN SERVICE IN THE AMOUNT OF $25,680 FOR FURNISHING BASIC GROUNDS MAINTENANCE SERVICES AT FORTY (40) CITY PARKS AND FACILITIES, ON A CONTRACT BASIS FOR ONE YEAR WITH THE OPTION TO EXTEND, TO THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES, AT A TOTAL PROPOSED COST OF $94,392 FOR THE FIRST YEAR; USING FUNDS PREVIOUSLY ALLOCATED UNDER RESOLUTION 86- 316 FROM THE 1985-86 SPECIAL PROGRAMS AND ACCOUNTS, PARK IMPROVEMENT FUND; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE SERVICES, SUBJECT TO THE AVAILABILITY OF FUNDS. 1.33 APPROVE EXPENDITURE TO REIMBURSE THE CITY OF NICE FOR DECORATING AND MAINTAINING THE CITY OF MIAMI DISPLAY WINDOW IN NICE CONVENTION CENTER RESOLUTION NO. 86-694 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN APPROVING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $14,807.32 AS REIMBURSEMENT TO THE CITY OF NICE, FOR THE COST OF DECORATING AND MAINTAINING THE CITY OF MIAMI DISPLAY WINDOW IN THE NICE CONVENTION CENTER WITH FUNDS THEREFOR HEREBY ALLOCATED FROM THE GENERAL FUND OF THE DEPARTMENT OF DEVELOPMENT. 1.34 EXTEND AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT INC.; ALLOCATE S30,000 FOR THREE MONTHS UNTIL AUDIT IS COMPLETE RESOLUTION NO. 86-695 A RESOLUTION AUTHORIZING THE ClfY MANAGER TO EXTEND THE TERMS OF THE NOVEMBER 6, 1985 AGREEMENT, IN A FORD ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI CAPITAL DEVELOPMENT, INC. (MCDI); FURTHER ALLOCATING $30,000 FROM TWELFTH (12TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE ADMINISTRATION OF MCDI FOR THREE (3) ; MONTHS OR UNTIL THE REQUIRED LOAN PORTFOLIO AUDIT IS COMPLETE. 2.35 COMMENCE PROCEEDINGS FOR REMOVAL OF BETTE & BERT BAYFRONT 66 MARINA, INC., A/K/A MARTIN TRITT, FROM WATSON ISLAND RESOLUTION NO. 86-696 A RESOLUTION AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO COMMENCE APPROPRIATE PROCEEDINGS FOR THE REMOVAL OF BETTE & BERT BAYFRONT 66 MARINA, INC., A/K/A MARTIN TRITT, FROM CITY OWNED PROPERTY ON WATSON ISLAND; AND AUTHORIZING LEGAL ACTION FOR THE RECOVERY OF MONIES DUE THE CITY OF MIAMI FOR THE USE OF SAID PROPERTY IN CONNECTION WITH CONCESSION ACTIVITY THEREON. 2.36 DESIGNATE KAOHSIUNG, TAIWAN, REPUBLIC OF CHINA, AS "SISTER CITY" OF CITY OF MIAMI RESOLUTION NO. 86-697 A RESOLUTION DESIGNATING THE CITY OF KAOHSIUNG, TAIWAN, REPUBLIC OF CHINA, AS A "SISTER CITY" OF THEE CITY OF MIAMI, FLORIDA. 8 September .11, 190E ��; 1.37 DESIGNATE AS CATEGORY "B" PROJECT, THE CONVERSION OF RETAIL SPACE, ADJACENT MALL AND SERVICE AREAS AT KNIGHT CENTER INTO EXHIBITION SPACE RESOLUTION NO. 86-698 A RESOLUTION DESIGNATING AS A CATEGORY "B" PROJECT, THE CONVERSION OF EXISTING RETAIL SPACE, ADJACENT MALL AND SERVICE AREAS AT THE CITY OF MIAMI/UNIVERSITY OF MIAMI, JAMES L. KNIGHT INTERNATIONAL CENTER, INTO EXHIBITION SPACE; RATIFYING THE CITY MANAGER'S AUTHORIZATION TO ADVERTISE FOR THE ACQUISITION OF PROFESSIONAL PLANNING AND DESIGN SERVICES; APPOINTING A CERTIFICATION COMMITTEE OF NOT LESS THAN THREE (3) MEMBERS AND APPOINTING JOHN E. GILCHRIST DIRECTOR, DEPARTMENT OF DEVELOPMENT AS CHAIRMAN OF THEE COMPETITIVE SELECTION COMMITTEE, IN ACCORDANCE WITH ORDINANCE NO. 9572, ADOPTED FEBRUARY 10, 1983, WHICH ORDINANCE ESTABLISHED PROCEDURES FOR CONTRACTING SUCH PROFESSIONAL SERVICES AND ALSO ESTABLISHED COMPETITIVE NEGOTIATION REQUIREMENTS WITH REGARD TO THE FURNISHING OF SUCH SERVICES. 2. TWO YEAR EXTENSION OF EMPLOYMENT PAST AGE OF 72 FOR ROSE MARTIN, DEPARTMENT OF FIRE Mayor Suarez: Item 1. Mr. Dawkins: Item 1. Mr. Mayor, I'd like to know from the Administration, is there any way. and the City Attorney, that this lady is 72 years old. This is the second time that we have extended the right for her to work. The problem I have is you say that if there is a rollback, she will be permitted to work and some younger person will be laid off. I don't want that. If there is a rolloff, then she has to go and a younger person can stay there to work. Mr. Odio: That is the understanding on Civil Service rule, that they will go first. Mr. Dawkins: No, that's not what.... Mr. Odio: Yes, sir. If somebody has to be laid off, she would go first. Mr. Dawkins: That's not what it says here. Mr. Odio: We're committed to that. Mr. Dawkins: The board voted to approve the request with the provision that in the event of a roll back or a lay off, Ms. Martin, rather than a junior employee, would be affected. It doesn't say she would be laid off. In the resolution it says. I will read you the resolution: "Section 1. A two year extension of employment past the age of 72 is hereby granted for Rose Martin, Typist Clerk III, Department of Fire. Rescue and Inspection Services, effective 15th of July, 1986, through 15th of July. 1988, with the provision that in the event of a rollback or a layoff, Rose Martin's physical condition shall be reevaluated to determine if her condition is satisfactory for continued employment." No. she will be laid off. Mrs. Dougherty: Commissioner Dawkins, the present state of the law would not permit us to do that. You cannot discriminate against somebody who is elderly, unless they're physically incapable of performing their job. That is why we have that condition in there. If there is a rollback. we will reexamine her to see that she is capable of performing the job. Mayor Suarez: Why are we being asked to approve this two year extension then, if the law doesn't permit us to do otherwise? I don't get it. 9 September 11, 1986 -Mrs. Dougherty: It's in complia--�,e with the Civil S.-vice Rul_s, which may not be in compliance with the present state of the law. Mayor Suarez: I see. Mr. Dawkins: So, in other words, if I vote to overrule the Civil Rights law, then it's dead. Is that what you are saying? Mr. Plummer: It's unconstitutional is what she's saying. Mrs. Dougherty: What I'm saying is that if we get to that point, she would probably have a good cause of action if she didn't want to be fired at that time. Mayor Suarez: We're doing here administratively what you think we're required to do by law anyhow* contradictory to our Civil Service rules. Mr. Plummer: Let me ask a question, Madam City Attorney or Manager, most of these in the past have always been for a one year extension. Why is this two? Mr. Odio: It's always been a year. Mr. Plummer: Why is this one two? That's what I'm asking. UNIDENTIFIED SPEAKER: Rose, we're here every year. She's a very young lady. She's a very young woman. We've been required to come here once a year. Mr. Dawkins: There's no way in hell she's young at 72. She's a young acting woman. But there's no way in hell she's young at 72. Mr. Plummer: Oh. boy, and you're only around the corner from there. Mr. Dawkins: That's right, that's why I can say. I'm speaking from experience. Mayor Suarez: It's all relative. UNIDENTIFIED SPEAKER: She's a fine employee; an excellent employee. Mr. Dawkins: I move that it be a one year extension. Change two to one, and come back next year. Mayor Suarez: So moved. Mr. Plummer: Second. Mayor Suarez: Seconded; any further discussion from the Commission? Please call the roll on item one. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-699 A RESOLUTION APPROVING A ONE (1) YEAR EXTENSION OF EMPLOYMENT PAST THE AGE OF 72 FOR ROSE MARTIN. TYPIST CLERK II, DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES, EFFECTIVE JULY 16, 1986, THROUGH JULY 15, 1987, WITH THE PROVISION THAT IN THE EVENT OF A ROLLBACK OR LAYOFF, ROSE MARTIN'S PHYSICAL CONDITION SHALL BE REEVALUATED TO DETERMINE IF HER CONDITION IS SATISFACTORY FOR CONTINUED EMPLOYMENT; FURTHER PROVIDING THAT ALL FUTURE REQUESTS FOR EXTENSION OF EMPLOYMENT BE BROUGHT BEFORE THE COMMISSION ON A YEARLY BASIS FOR ITS REVIEW. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer. the resolution was passed and adopted by the following vote- 10 an- AYES: Co-r=;ssioner J. I.. nummer, Jr. C.-=.; ssione: Rc-Brio Kennedy Vice -Mayor Millen J. Dawkinb Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mayor Suarez: Maybe next year you'll vote for zero years. 3. DEFER CONSIDERATION REGARDING CARNAVAL MIAMI PASEO, 8-K RUN AND CALLE OCHO OPEN HOUSE FESTIVAL FOR ADMINISTRATION TO WORK OUT PROBLEMS WITH DATES. Mayor Suarez: Item 3. Mr. Plummer: Mr. Mayor, I pulled item 3. The reason that I did you will find later in the agenda. There is a problem in reference to dates of the Calle Ocho Open House and the Grand Prix. That problem, if you all are not aware is the fact that the Grand Prix can only get a commitment for a date to get the nationwide coverage of T.V. I would ask the Commission that both of these items be deferred and to try to work out some equitable situation in which this City could enjoy both of these events and not having them go head on the same day. I would suggest that matter try to be resolved. Mayor Suarez: Prior to approving. Mr. Plummer: Yes, well, prior to either one of the approvals, Mr. Mayor. Mayor Suarez: Do you want it in the form of a motion? O.K., or we could just. defer it. Mr. Plummer: I would move to defer item 3 until such time as the matter has >a been discussed in a committee meeting. Mayor Suarez: So moved and seconded. Any further discussion from the Commission? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION N0. 86-700 =a A MOTION DEFERRING CONSIDERATION OF SPECIFIC REQUESTS IN CONNECTION WITH THE HOLDING OF CARNAVAL MIAMI PASEO, 8-K RUN AND CALLE OCHO OPEN HOUSE FESTIVAL SO THAT THE ADMINISTRATION MAY EFFECTUATE CERTAIN CHANGES IN ORDER THAT CITY RESIDENTS MAY ENJOY SAID EVENTS ON SEPARATE DAYS. 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 11 September 11, 1986 t` } 4. APPROVE IN PRINCIPLE UNDERSTANDING BETWEEN CITY AND DADE COUNTY RELATING TO MIAMI RIVER AND ITS TRIBUTARIES Mayor Suarez: Item 4. Mr. Dawkins: Walter, item 4, second page of the resolution, it says the marine patrol, Metro Dade Marine Patrol, Florida Marine Patrol, and the United States Coast Guard will cooperate in scheduling work shifts to that the river will be patrolled for the greatest number hours. Who's coordinating that? Mr. Walter Pierce: Mr. Dawkins, would you repeat the question sir? It's hard to hear over here. Mr. Dawkins: One page two, Mr. Pierce, the fourth paragraph, it says, "the Miami Marine Patrol. Metro Dade Marine Patrol, Florida Marine Patrol, and the United States Coast Guard will cooperate in scheduling work shifts so that the river will be patrolled for the greatest number of hours, possibly the 24 hour day. Who is coordinating that to determine who goes where when? Mr. Pierce: Mr. Dawkins, the agencies that already have jurisdiction on the river will continue to hold their primary responsibility in that regard. The agencies will work together on a cooperative basis. Mr. Dawkins: Mr. Pierce. Mr. Pierce, Mr. Pierce, there's 24 hours in a day. Mr. Pierce: Yes. sir. Mr. Dawkins: When will the Miami Police Department be there from 3:00 to 4:00? Who will be there from 4:00 to 5:00? Who will be there from 5:00 to 6:00 to insure that when I tell the public that it's patrolled 24 hours a day and they call and say there's nobody there at 5:00 P.M., who is supposed to be there? That's all I'm asking. Mr. Pierce: Mr. Dawkins, the reality. well, Colonel Vincent will answer the question. Mr. Dawkins: Thank you. Colonel Vincent: Marine Patrol Units working with them now, Commissioner, we have Sergeant Steve Travis. I spoke to him yesterday and he's going to coordinate the coverage. This was just in effect. Mr. Dawkins: Mr. Manager. would you get each of us a schedule of how it will be patrolled so that when citizens call either one of us, we can respond Intelligently, please? Mr. Pierce: We'll get that memorandum out as soon as the schedule is final. Mr. Dawkins: In the next paragraph, it says the Florida Department of Natural Resources is the primary agency responsible for funding the removal of derelict vessels from the Miami River. Who's coordinating that and how do we apply for the....? Mr. Pierce: Mr. Dawkins. DERM, Dade County's Department of Environmental Resources and Management, is the agency that has always had taken the lead role in identifying derelict vessels, of course along with the cooperation and assistance from the Miami River Coordinating Committee. DERM will continue to fulfill that role along with our Marine Patrol and our Marina Specialist. The River Coordinating, Committee will continue to be actively involved in the program, but DNR is the primary agency that will fund the removal. Mr. Dawkins: All right, one more question and I will be finished with that. Mayor Suarez: Do you wart, Commissioner, to hear from Mr. Parks on that aspect of it? I'll want to hear from you at the end. Mr. Dawkins: It says here that we will establish a headquarters on the river, possibly at a pant or other public property. In here somewhere it say* that W 12 Sept +s tr it IL66 s the City or the Co::nty will spent! no mnnt v. Flow do we glen to hePLi ks 1p "r. and those run a headquarters if nobody comes up with any money to provide the supportive services necessary to operate the office. Mr. Pierce: The idea here is that the Miami River Coordinating Committee has already started to establish a fund raising support body of private citizens. A lot of its activities, most of its activities are anticipated to not be funded by either City or County in the future. That fund raising group will have as one of its primary efforts the support and establishment of a - headquarters facility. Mr. Dawkins: This is a committee that was set up by the County, by us.... Mr. Pierce: No, sir. Mr. Dawkins: We established its headquarters.... Mayor Suarez: It was set up by the Governor, right? UNIDENTIFIED SPEAKER: Originally, yes, sir. Mr. Dawkins: So I seen, don't you need some kind of support, sir, to operate this office? Mr. Bob Parks: Bob Parks, Chairing the Governor's Miami River Coordinating Committee. Commissioner Dawkins, the way this is run this year, we were successful in obtaining $35,O00 from the State of Florida in an appropriation, which was specifically set for the budgeted purpose of carrying through for the next fiscal year the payment of one person as a staff coordinator. We have already made contacts with certain people on the river who are going to provide office space either free of charge or at a greatly reduced rental. This year, we've been able to conduct that through the Department of Environmental Regulation at the State level for somewhere around I think S18,000 in terms of salary for our executive assistant, and basically, the Governor's office has picked up the additional. The reason we got it in the budget was so that there would not be any need this year, which would give us a year's buffer or lead time into continuing with funding from the State, which has indicated a willingness to help us in that regard, and as Kr. Pierce said, private donations, which we're in the process of raising at this point. But it's a very low budget operation in terms of staff. It is intended to stay that way. That's why we put in that we have not come to the City or County for any money at any time in the two and a half years that this committee's been going. The reason is just to take the committee and continue it, but allow people at the local level to have the input, you and the County Commission, and who's going to be on it as opposed to Tallahassee. That's the reason for it. Mr. Dawkins: The only problem I have, Mr. Parks, is the last sentence in this agreement says: 'This agreement does not entail any provision of funds by the City of Miami or Dade County for community staff or related administrative expenses either now or in the future." I wean. I just don't see how we can possibly say that we got a staff there trying to clean up the Miami River and not be responsible for something. Mr, Parks: As I said, the staff is going to be one person. This committee's function is a coordinating function. Where *here is cleanup involved, such as DERM or with the City of Miami Marine Patrol, those are functions which are already budgeted for the river. This committee will be the coordinating body to simply see that those functions are carried out. We did not ask for money in this. because we did not feel that it was based on the past experience necessary, nor would it be necessary in the future. Mr. Dawkins: Move 4. Mrs. Kennedy: Second. Mr. Plummer: Second. Mayor Suarez: Just out of curiosity- moved and seconded- out of curiosity, what is the total budget for the next fiscal year or any relevant fiscal year, for cleaning up the river at this point from all the agencies combined, Bob? If you have that figure. k 13 Amber II w } Mr. Parks: All the agencies combined? Mr. Pierce: Mr. Mayor, that's a very difficult question to answer, but to give you an idea of it, there was a $300,000 grant from the State Legislature that is going to pollution control, a full time pollution inspector. Even already in our budget in our bond issue that was passed by the voters, I believe, In 1984, there was $35,000,000 for citywide sewer cleanup. One of the big problems on the river now is non -point source pollution, road runoffs. Part of that bond issue is going to address that problem and clear up some of that. So the money is scattered everywhere already in working programs. This body serves as a coordinating agency. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-701 A RESOLUTION APPROVING, IN PRINCIPLE, THE ATTACHED "RESOLUTION OF UNDERSTANDING BETWEEN THE CITY OF MIAMI AND DADE COUNTY RELATING TO THE MIAMI RIVER AND ITS 'TRIBUTARIES EAST OF THE SALINITY STRUCTURE AT 36TH AVENUE" WHICH DEALS WITH LOCAL GOVERNMENTAL POLICY CONCERNING THE MIAMI RIVER. (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 J. L. Plummer, Jr. Coasaissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mr. Parks: Thank you all very much. Mayor Suarez: Bob, once again, thank you for your efforts and you weren't asked if you had filed as a lobbyist because we assumed that you were doing this on a voluntary basis and on that assumption, which I believe is correct, we thank you once again for your efforts. Mr. Parks: That assumption is correct, very voluntary, thank you. Mayor. 5. ALLOCATE $140,000 TO LEASE THIRTY (30) AUTOMOBILES FOR POLICE DEPARTMENT FOR OPERATION OF S.T.I.N.G. (STRATEGY TO INHIBIT NARCOTICS GROWTH). ETC. Mayor Suarez: Item 5. Mr. Plummer: I pulled 5, Mr. Manager. I pulled 5 only because of the reason that as I witness with you on a sting and other sting operations that have occurred, it is my information that the City has acquired some 50 automobiles, and the sting operation that I was on saw a BMW, a $22,000 Blazer, which tinder the RECO act, my understanding is that automatically or will automatically become the property of the City. and I'm wondering what happened to those 50 automobiles and why aren't we using them rather than going out for more ' rentals? Mr. Odio: We are using some of them, but it's not as simple as I thought. In f fact. I liked that Blazer. s 14 September 11, 1986 Mr. Odio: The radio alone, I think, was worth about $3,000, but the problem is he got it back because he owed monies to the bank. The bank has notified you have a lien on this car. The next time it's waught in a drug bust, it will be confiscated and the bank will lose, so... Like a Cadillac we confiscated, a brand new Cadillac from a wells -known person, he had a lien on the car for $21,000 so... Mr. Plummer: Let me just ask you this. How many cars have we confiscated that we actually have in our possession? Mr. Odio: I don't know the number. I can get it for you. Mr. Plummer: Actually in City's possession where we could either sell them or use them. Mr. Odio: We have to get that figure, but it's not as quick as I thought that you get the car and keep it. You have to go through a process. Mr. Plummer: I'll approve this item. I'm not trying to hold the item up. I'm just wondering why if we've confiscated as many cars as we keep hearing, why we're out renting cars. Mr. Odio: We confiscated, according to Sergeant Vincent, 715 cars have been at one time or another, held or seized at the time of arrest, but that doesn't mean we keep them. Mr. Plummer: Let me ask you, at this particular time, is the City's attitude that we're selling them to get the money or are we keeping those that we need to use for different operations? Mr. Odio: In talking to Brooks out on the stings, some of them he has used and some they have sold, because they're not in very good condition. With the money we pay for the overtime, that has been incurred.... Mr. Plummer: I move item 5. Where is the money com'ng from on this? Mr. Dawkins: I second. Mr. Odio: Law Enforcement Trust....excuse me. Mrs. Kennedy: Under discussion, is the purpose of leasing these cars.so that the criminals do not recognize the police officers? Mr. Odio: Yes, and they're not leased and kept for twelve months. They go in and get one; use it and come back. They change cars every time. Mr. Dawkins: That's what they told me, Mr. Manager, I mean Commissioner Plummer. when I questioned the same thing. Why couldn't we use the sting automobiles. They said that this lease agreement allows the officers to come in and get one type of a vehicle today and go in and get another one tomorrow and go back in the same neighborhood where the car wouldn't be marked, so.I don't know, maybe the Manager can speak to that, I don't know. Mr. Odio: As I remember they use these cars, they hide into a normal neighborhood, and just park there with two civilians inside and once the officers go in and make the arrest, they close the streets up, so they have to be really not recognizable.. Mr. Plummer: I understand all of that, but if the City has seized 700 and some cars, and we had 50 or 60 of thew at our disposal, that still gives a tremendous variation that they could use as not being detected. I'm ,just merely asking because I had heard the number of how many cars we had seized. Mr. Odio: You're right and I'll find out how many exactly we have kept legally so far. Mayor Suarez: Who's in charge on that? I think the Commission's concern about how quickly we're going through the process of using those cars and ' adopting them for our own use, the ones that are confiscated. S :^thX s Mr. Odio: They have a legal unit in the Police Department that handles the copfiscation. It takes a while to get a title to a vehicle. Mayor Ouarez: Moved and seconded. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-702 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY THOUSAND DOLLARS ($140,010.00) FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND "i0 LEASE THIRTY (30) AUTOMOBILES FOR A PERIOD OF TNELVE MONTHS, SUCH AUTOMOBILES TO BE USED BY THE POLICE DEPARTMENT FOR OPERATION S.T.I.N.G. (STRATEGY TO INHIBIT NARCOTICS GROWTH). THE STREET NARCOTICS UNIT (S.N.U.). THE CRIMINAL INVESTIGATION TACTICAL APPREHENSION TEAM (C.I.T.A.T.), THE DIRECTED PATROL DETAILS, AND THE PROFESSIONAL REVIEW AND INVESTIGATIVE DETAIL M R.I.D.E.); UPON SUCH COSTS AND EXPENSES HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded Vv Commissioner Dawkins, the resolution was passed and adopted by the follovinb 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 6. SETTLEMENT: ALBERT INTUS - $95,000 Mayor Suarez: Item 6. Mr. Plummer: I just want to hear from the City Attorney on item 6. It's an awful lot of gooney. Mrs. Dougherty: Yes, sir, Mr. Commissioner, the injuries for this pedestrian were catastrophic. The specials alone were $85,000. That is the special medical injuries. She's in a nursing home. She is incompetent as a result of this. She was 80 years old, a pedestrian. The injury occurred. or the accident occurred 70 feet past the intersection, so presumably, if it went to a jury, what would happen is the jury would determine the amount of damages, then would assess the amount of liability on a percentage basis to the City and to her. We know, that she was negligent too, but that plus the fact that it would cost between ten and fifteen thousand dollars to defend the case. We're recommending $95,000. The jury verdict.... Mr. Plummer: This is the case with the motorcycle? Mrs. Dougherty: No. this vas a take-home car of a zoning inspector coning to work. This was a car that hit a pedestrian. Mayor Suarez: Mr. City Manager, what is the theory behind the need for a building and zoning inspector to take a car home? In this case to cost the City $95,000 from an accident. Mr. Odio: That's a good question. We are in the process right now, Mr. Mayor. of reviewing the fleet uses as a total package for citywide. not only the Police Department. Mr. Odio: They have a legal unit in the Police Department that handles the copfiscation. It takes a while to get a title to a vehicle. Mayor Ouarez: Moved and seconded. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-702 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY THOUSAND DOLLARS ($140,010.00) FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND "i0 LEASE THIRTY (30) AUTOMOBILES FOR A PERIOD OF TNELVE MONTHS, SUCH AUTOMOBILES TO BE USED BY THE POLICE DEPARTMENT FOR OPERATION S.T.I.N.G. (STRATEGY TO INHIBIT NARCOTICS GROWTH). THE STREET NARCOTICS UNIT (S.N.U.). THE CRIMINAL INVESTIGATION TACTICAL APPREHENSION TEAM (C.I.T.A.T.), THE DIRECTED PATROL DETAILS, AND THE PROFESSIONAL REVIEW AND INVESTIGATIVE DETAIL M R.I.D.E.); UPON SUCH COSTS AND EXPENSES HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded Vv Commissioner Dawkins, the resolution was passed and adopted by the follovinb 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 6. SETTLEMENT: ALBERT INTUS - $95,000 Mayor Suarez: Item 6. Mr. Plummer: I just want to hear from the City Attorney on item 6. It's an awful lot of gooney. Mrs. Dougherty: Yes, sir, Mr. Commissioner, the injuries for this pedestrian were catastrophic. The specials alone were $85,000. That is the special medical injuries. She's in a nursing home. She is incompetent as a result of this. She was 80 years old, a pedestrian. The injury occurred. or the accident occurred 70 feet past the intersection, so presumably, if it went to a jury, what would happen is the jury would determine the amount of damages, then would assess the amount of liability on a percentage basis to the City and to her. We know, that she was negligent too, but that plus the fact that it would cost between ten and fifteen thousand dollars to defend the case. We're recommending $95,000. The jury verdict.... Mr. Plummer: This is the case with the motorcycle? Mrs. Dougherty: No. this vas a take-home car of a zoning inspector coning to work. This was a car that hit a pedestrian. Mayor Suarez: Mr. City Manager, what is the theory behind the need for a building and zoning inspector to take a car home? In this case to cost the City $95,000 from an accident. Mr. Odio: That's a good question. We are in the process right now, Mr. Mayor. of reviewing the fleet uses as a total package for citywide. not only the Police Department. Mayor Suarez: You're going to give us a recommendation on the entire City's use of take -hose cars? Mr. Odio: Yes. because we have too many cars. Mr. Plummer: I think what is prompting the question is the director of that department told us in the workshops that there are no zoning inspectors after 5:00 o'clock at night and from Friday afternoon at 5:00 until Monday at 8:00 A.M.. there is no zoning inspectors. Why do they need to take a car home? Mr. Odio: That's a good question. She has changed that, by the way. We are going to have inspectors after 5:00 and on weekends from now on, but we are going to review all fleet uses in the City to determine how many real cars we need. That will come out on that, Mr. Mayor, I'm sorry I don't have an answer now. Mrs. Kennedy: If this were to come before a jury based on the injuries, what approximately do you think would...? Mrs. Dougherty: Anywhere between four or five hundred thousand dollar injuries, then the jury would then assess how much she's liable and how much we're liable. The Manager and I also spoke yesterday about setting up some standards for reviewing people who do take their cars home for accidents. For example, if anybody has an accident, we ought to review their accident and driving record and automatically take cars away from people who have bad driving records. So that's something we're going to institute. Mr. Dawkins: While you are reviewing that, review why anybody working for the City of Miami, living in the County has to take a car home, period. Mrs. Dougherty: Well, that's a different issue. You're right. Mr. Dawkins: Let him drive his car to the City limits and get in it - my car, and leave his, and when he gets ready to go home, drive his car back outside the City limits. Mrs. Dougherty: Yes, sir. Mayor Suarez: Just out of curiosity, do we pay the gas for those cars? Mr. Odio: We pay everything on those cars. Mayor Suarez: Regardless of how far they live from the City? Mr. Odio: Regardless where they live. Mayor Suarez: Wow1I think the whole thing needs to be reviewed. I think we're all in agreement there. ' Mrs. Kennedy: I agree. e; Mr. Odio: It will change. ;i f i. EE FOR TVE : Commissioner Carollo entered the meeting at 9:30 A.M. Mayor Suarez: The item has been moved and seconded. Has it, Madam City Clerk? y �a Mrs. Hirai: No, air, not yet. Mr. Plummer: I'll move it. Mrs. Kennedy: Second. Mr. Plummer: Moved on recommendation of the City Attorney. Mayor Suarez: Any further discussion? Hearing none, call the 'roll. f i _�i The following resolution was introduced by Commissioner Plummer, who saved its adoption: RESOLUTION NO. 86--703 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ALBERT MINTUS, AS GUARDIAN OF THE PERSON AND PROPERTY OF MILLIE MINTUS, "THE SUM OF $95,000.00, WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI. UPON EXECUTION OF A RELEASE RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS. (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 HOES: None. ABSENT: None. 7. DISCUSSION OF $250,000 PREVIOUSLY PASSED FOR OPERATION OF CRIME SUPPRESSION FOR POLICE DEPARTMENT (See label fl) Mr. Dawkins: Mr. Mayor, on item 9, I just had one question. Mr. Manager, it says the forfeiture fund detail will consist of two property specialist I, who are currently assigned to the police property unit, and one legal investigator II, to be employed and assigned and one accounts clerk. Why is it we -'re not hiring four new people instead of just two? Mr. Odio: Well, he's moving some people from within to meet the needs of this unit. .r� Mr. Dawkins: Why don't we hire two... well, let's just say for the sake of discussion that these are entry level policemen. Why can't we hire, with $250,000, why can't we hire two entry level policemen instead of supplementing our present police budget? Mr. Odio: O.K., I'll tell them to do it that way.. Mr. Dawkins: Thank you. a - { 8. DISCUSSION AND DEFERRAL OF LAND SURVEY SERVICES FOR CITY PROJECTS 1986 1 t Mayor Suarez: Next item is 17, Mrs. Kennedy: Yes, I pulled that out. Mr. Manager, before we get into that, who prepared this R.F.P., Don? Mr. Don Ca:ther: Mr. Leukanech in our department. Mrs. Kennedy: Where has he been in the past nine months? It . asys City of , _ Miami, Xavier L. Suarez, Mayor, Miller Dawkins, Vice Mayor, Denaetrico Wertz, Commissioner, Joe Carollo, Commissioner, J.L. Plummer` Commissioner. 1_ yyg Mr. Cather: We looked all over for that particular piece of paper, and we could hot find it in any of the advertisements where Perez's name was in there. Mrs. Kennedy: Well, it was just to my office then. Mr. Carollo: Did you grow a mustache over the summer, Commissioner? Mr. Cather: We checked every advertisement and tried to find out where that mistake was made. We couldn't find it, but I assure you we fully recognize who the Commissioners are. Mrs. Kennedy: Please correct it. O.K., what I would like you to tell me is what was the R.F.P. that you sent out? What prerequisites did you ask, the makeup of thee three companies broken down into female, Hispanics, and Blacks. Who else bid and why were they rejected? Mr. Cather: This was not a bidding process. This was a professional selection under the Professional Selection Act, which is part of the State and the City has adopted a similar statute for selection of professional services. Mrs. Kennedy: Let me tell you where I'm coming from. One of the companies involved is rider's Survey and Mapping. I received a letter from them. I just want to highlight a few points. It says the Widaler's Survey and Mapping. P.A. was disqualified, and I'm quoting, in the initial screening because we allegedly did not provide requested data on our ownership of employees. This is untrue. Our submission is attached as is original R.F.P. and you will note that our cover letter included all requested particulars. Second point, they were told that they were too small and that the City was required three to five fiell crews at a minimum. Beyond the fact that this requirement was not advertised, had it been, we might have saved considerable time and expense. It is frivolous. These contracts are normally rather small, and I doubt that the City has ever required five field crews at one time from source. The requirement for the five person crew, according to this letter, was not advertised. You said it is. I want to know, was it or wasn't it? Why were they considered too small? Mr. Cather: The reason, she only had one land surveyor on her staff and she said whenever she went out to get a job, she went out on the street and hired Rodman and Lineman and did not furnish us with any of the information requested in the R.F.P. F` Mrs. Kennedy: The principal of this firm is standing right behind you. I think that.... Mr. Cather: That's fine, I don't care. Mrs. Kennedy: No, but I'm saying she would like to address this point also. Mayor Suarez: Co ahead, Commissioner Kennedy would like you to make a statement. Mrs. Kennedy: The other thing is that the City does not concern itself with minority or women —owned enterprises. Since when is invested as an owner of ,z W.S.M. comparable to a minimum wage employee at another firm. You know there are a lot of questions here. Don, they just don't jibe. I'd like to hear it.... Mr. Cather: My department does not feel that she met the request for proposals that was submitted, nor did she supply the necessary information for us to pass judgement on it, so we did not rate this firm. Mrs. Kennedy: All right, I'd like to hear it from her also. Ms. Maggie O'Donnell: I'm Maggie O'Donnell, president of Widaler Surveying and Mapping. We have a small firm, yes. We've been in business for over a year. but we are very qualified. We don't have one surveyor on the staff. both myself &rid my partner` the owners, are P.L.S., which are professional land surveyors. We have another person► on the staff who is also a professional land surveyor. There are eight people un say :staff. I provided the necessary information and I followed the R.F.P. to the letter. My firm is very qualified to perform the type of contract that the City is requositing, We have very higt.ly sophisticeted equipment. Our methodology is the top. We've been granted similar contracts by Broward County and Dade County. We have always performed very, very well and none of our clients have ever complained that we have not performed because our firm is too small. As a matter of fact. the better equipment that you have and the better the methodology, the :smaller you can keep the firm. I feel that my firm has the adequate personnel to qualify for this proposal and I think we were discriminated tremendously. Mrs. Kennedy: I tell you what. Don, what I would like to do, Mr. Manager, perhaps I should address you. I would like a citywide report from each and every department. I want to know how they are seeking out women -owned companies. Who are they awarding these contracts to with specific names and companies? What are you doing to improve your records? I don't think there's a lot of women -owned firms out there. I would like to defer this item until we have the report. Mr. Cather: I have no objection to any women -owned firms. I feed that you or a person on your staff should review our R.F.P. and review the proposal submitted. Then see if you feel that she was responsive to the R.F.P. and we'll postpone it to the next meeting. Mrs. Kennedy: O.K. Mr. Odio: That's fine. Let me remind you. We do have a minority person in the City overseeing and she signs off on all contracts. Adrienne MacBeth. Mrs. Kennedy: I would just like to know what she is doing, yes. Mayor Suarez: Could you share with us, Commissioner Kennedy, at least myself and I believe the other Commissioners would want it too, whatever your conclusions are as to this particular firm's application proposal to see whether you feel that they meet the.... Mrs. Kennedy: Based on what I hear, they are qualified. Mayor Suarez: But I presume you will do further review, right? Mrs. Kennedy: Absolutely. Mayor Suarez: Would you share it with us, because I'm very interested. It sounds like they're eminently qualified and I don't see why they were excluded. Mrs. Kennedy: We do have an ordinance with 172 Hispanics and 172 Blacks and 17I women and I just know if we are following that ordinance. Mayor Suarez: We have a motion to defer and a second. Do we have a motion and a second? Mr. Plummer: Second. Mrs. Hirai: We have a move. Mr. Mayor. we need a second. Mrs. Kennedy: I so moved, yes. Mayor Suarez: Moved and seconded by Commissioner Plummer. Any discussion? Call the roll. THEREUPON THE PROPOSED APPROVAL OF THE SELECTION BY THE COMPETITIVE SELECTION COMMITTEE OF FIRMS TO PROVIDE LAND SURVEY SERVICES FOR THE CITY OF MIAMI WAS DEFERRED 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: gone.. Mayor Suarez: Item 22. Commissioner Kennedy. Mr. Odio: Item 22 is withdrawn, 22 had to be withdrawn. I would like at this time, Mr. Mayor... Mayor Suarez: Bait, Commissioner Kennedy. do you want to do anything with Item 22, or are you satisfied with it being withdrawn? It was withdrawn by the administration. Mrs. Dougherty: We withdrew it and will bring it back next week. Mr. Plummer: You're bringing it back next week. Who's going to be here? Mrs. Dougherty: Next Commission meeting. Mr. Odio: If you have a problem with it, Commissioner Kennedy, ,I'll have somebody meet with you on the same issue as minority participation. Mrs. Kennedy: All right. 10. DISCUSSION OF PREVIOUSLY PASSED RESOLUTION TO REMOVE BETTE & BERT BAYFRONT 66 MARINA FROM WATSON ISLAND (See labels #1 and #10) - r Mr. Odio: I would like to bring back... you passed as part of the consent agenda item 47. Fortunately, we have settled that matter with the attorney, Barry Kutun. with some promises from his client. Mr. Dawkins: Before they leave, can we find out what group it was? What group is this? Mayor Suarez: They were representatives of organizations of cooperatives from Honduras, Guatemala, El Salvador, Costa Rica, and Panama. We recognized them. Mr. Odio: Mr. Mayor, item 47. We passed 47 as part of the consent agenda, but fortunately last night that issue was resolved in which the party agreed to pay the monies owed to the City. Also, we would like to ask from the Commission permission to go out for an R.F.P. to do something better on that property. Mr. Dawkins: On 47? Mr. Odio: Yes, air. Mr. Dawkins: Under the consent agenda? Mr. Odio: Yes. sir. a <. f Mrs. Dougherty: You have to have a motion to reconsider. Mr. Odio: I have to have a motion to reconsider that. Mr. Dawkins: Reconsider for what? Mr. Odio: Because you passed it and you were giving me permission to.... Mr. Dawkins: We passed it and said for the lady to get off it and give us our land. What are you talking about reconsidering? Mr. Plummer: Because they are now saying that the reason we were asking them to get off was that they didn't pay their bill and they're now saying they paid the bill. F 21 t,s s. Mr. Odio: Yes, sir. Mr. Dawkins: Now they're going to get behind again and we're going to have to ask them to get off again. Mayor Suarez: It sounded, from what I knew for a long time they were behind In their payments and fulfillment of their obligations, but they ought to have an opportunity, if that's what you're here for.... Mr. Odio: What I'm asking is that we get their money now, what was due.... Mayor Suarez: Once you get their money, you're given up a lot of rights. I'm not sure the Commission wants to.... Mr. Odio: No. sir, then to issue an R.F.P. to put the property out for bids to whoever is the best bidder. In the meantime, he has to pay the money owed to the City from way, way back, which is about $30,000 in which a deal was made to pay $1,000 a month. Mr. Dawkins: But you just told me you had our money. Mr. Odio: He got behind on S14,400. Mr. Dawkins: No. no, no, you said, Mr. Manager, when you opened up. you said we got our money. Mr. Odio: We got the money that was late in payment, which was $14,406. Mr. Dawkins: No. no, $30,000 was late in payment. Mr. Odio: The problem is the other monies were owed by somebody else in that property. Maybe the attorney can explain it better than I can. Mr. Barry Kutun, Esq.% Mr. Dawkins. I'm sure that I can refresh your memory on this. This is.... Mr. Dawkins: We've been over this two or three times. Mr. Kutun: Just to give you a little history, I'll make it very brief. Mr,. Tritt bought this property and at that time was unaware that there was S60,000.... Mayor Suarez: We all know who '! Y you are, but can you for the record gave us your name and also tell us if you have filed a lobbyist registration form just to protect yourself. Mr. Kutun: I have requested the form formally. I have not received it, but I will be happy to go in and.... Mr. Plummer: The form is over in the Clerk's office. Under the ordinance. Barry, you cannot speak without the form being filled out. Mayor Suarez: It could be a problem for you. We don't want to create one. Mrs. Kennedy: Would you like to fill out the form and come back this afternoon or in a little while? Mr. Dawkins: It'll take you ten minutes to fill it out. ten minutes and come right back. Mayor Suarez: We'll wait for you ten or fifteen minutes. Mr. Kutun: I thought it was done, but if it isn't. I don't want to jeopardize anybody. 22 M&yor Suarez: Madam City Clerk, do you know if it's been fil.d? Mrs. Hirai: We're going to provide one for you immediately, sir, a form to register. Mr. Kutun: What? Mrs. Hirai: We're going to provide a lobbyist form for you to register Immediately. Mayor Suarez: We can take you up in ten or fifteen minutes. Mr. Corollo: Why is it that whenever we have problems with people being late or something, it has to do with Watson Island? Mr. Odio: I don't know about that, Commissioner. Mr. Carollo: Something about that lithe island. 11. DISCUSSION AND TEMPORARY DEFERRAL OF ACCEPTING THE BID OF TOXICOLOGY TESTING SERVICES FOR LABORATORY SERVICES TO DEPARTMENT OF PERSONNEL (See label #83) Mayor Suarez: Item 29 is the next one. Mr. Dawkins: Item 29, somebody. Mrs. Bellamy, on the last page, where it says evaluation of laboratory service bids, we got toxology ten dollars and testing seventy: then down below that you got thirty and three hundred. Explain those charges to me, please. Mrs. Angela Bellamy: Commissioner. that is because there is -a range of services that can be provided. There is a basic test, the uranlysis profile. which is ten dollars. Then we also have additional tests which is the gas chromotology once we have a positive indication, then we have a test that gives us almost 901 accuracy. and that is S70. j Mr. Dawkins: There is $30, that is the blood. The two top ones are for urine and the bottom one is for blood? Mrs. Bellamy: The lab has normal working hours and we have employees who work beyond the normal working hours. If we have to have the lab come in Immediately after working hours, then they charge us additional money. Other than 8:00 to 5:00. Commissioner, we have to pay. Mr. Plummer: Why would you have it done... why wouldn't you just normally..o why do you pay a penalty for having it after 5:00 o'clock? Why don't you schedule it before 5:00? Mrs. Bellamy: Sometimes you can't. Commissioner. when employees. say in the Fire Department, are working after 8:00 to 5:00 hours. We have certain employees who are working after those hours. Mr. Dawkins: In the blood test, can it determine... it doesn't matter if it was just the day. the day before, three weeks ago; they can determine it? Mrs. Bellamy: No, they, in fact, the blood test stays in your body even less than urine. You should use the same sample at that time. It's important to use it at that moment. Mr. Dawkins: I don't know about the rest of thee Commission, but I just don't see paying a difference between seventy and three hundred dollars for no test. I can`t see it, even if the officer has to be brought... I'm sorry, even if the individual has to be brought in and given time off or something, we should be able to do better than that. I don't know, but I'll leave that up to the rest of the Commissioners, but I don't see it. Mr. Plummer. Well. let me ask this question, is it good business that we should discuss the other item on the agenda in relation: to this. because it 23 1J' Lll1 f tYf Yt(T 11 could effect this number. Back further on the agenJs there is an iten in reference to a drug policy for the entire City work force. It's a discussion item, but if in fact. let's say that at this particular time that this Commission deems that every City employee shall submit, I'm just saying this now. it's obviously going, to alter this number. Mrs. Bellamy: That is correct. Mr. Plummer.- And I'm just wondering if these two items shouldn't be dealt with jointly rather than independently, because..* is there going to be a recommendation from the administration as to that policy? Mr. Dawkins: There will be one from this Commission. Mr. Plummer: O.K., but I'm saying don't you feel that this number is only subject to the amount of people that are going to be tested. Mrs. Bellamy: You're right, Commissioner. Mr. Plummer: What is going to be the recommendation of the administration as to drug testing of City employees? There is a discussion item. Mr. Odio: It's part of the agreement, as I understand, that we have the right to do that. Mr. Plummer: Who scheduled this for the agenda? You? Somebody scheduled it for the agenda. Mr. Dawkins: I guess I did, I must have. I did. Mr. Odio: It's part of the contract that all City Solid Waste employees agreed to it, Police and AFSME, subject to. Mrs. Dougherty: Are subject to it, not automatic. Mr. Dawkins: But in here someplace, we eliminate General Services employees. I'll defer 29 until we get to the discussion on the drug program. Mayor Suarez: Do you want to defer the item, or are you going to go ahead and accept this particular contract? Mr. Plummer: I think there is a possibility, Mr. Mayor, that this contract might have to be altered considerably. Mayor Suarez: Do you want to defer the item? Mr. Dawkins: We may have to give $80,000. Mr..Plummer: That's right. Mayor Suarez: Do you want to just table it until later on in the day? Mr. Dawkins: Yes, please. AT THIS POINT THIS ITEM WAS TEMPORARILY DEFERRED. 12. BID ACCEPTANCE: WINER-STUBBS/NUSSEY SEATING CO. FOR TELESCOPIC SEATING AT COCONUT GROVE EXHIBITION CENTER Mayor Suarez: Item 31. Mr. Plummer: Item 31, Mr. !Manager, when it came before this Commission,. we were told that the seating at Dinner Key Auditorium would be $177,000. What I am reading here is $169.557.60 for the first year with four years renewable option. That is not what this, now unless somebody else understood it differently. Mr. Dawkins: I raised the same questions Commissioner. 24 inn, Plummer: You're talking about $600,000 in four years. Mr. Dawkins: But the part that has me, J.L.. is if we are installing seating, what do you need to do to maintain it for four years? Mr. Odio: That is a one time cost. Mr. Plummer: No, sir, that is not what it says. Mr. Dawkins: One year contract renewal annually at the City's option for two to four additional one year periods. Mr. Plummer: It says the estimated first year cost. Mr. Dawkins% For one thousand sixty nine. Mr. Odio: The total cost of the seats, according to..* you say it at the record. Mr. Dawkins: For 1500 seats. Mr. Plummer: Why isn't there an item on the agenda to approve $169.000 for the seats? What's all of this four year bit? Mr. Walter Colby: That's the financing through the financing.... Mr. Odio: That is to finance it in four years. Mr. Plummer: That isn't what it says. Mr. Odio: The total cost of the seats are $169,000 whatever. That's the total. Then you will pay it out in four years, the total amount. Mr. Plummer: I tell you for one.... Mr. Odio: Instead of paying it cash. Mr. Plummer: For one you need to change this agenda item and, show $169,000 whatever it is payment for seating. I don't want the rest of this wording in here. It's not applicable according to you. Mrs. Dougherty: We have the same problem reading it. Mr. Odio: O.K., we'll change it. If you would pass it approving to pay $169,000. Mr. Plummer: I move that the City of Miami purchase the telescopic seating as outlined in agenda item 31 for a purchase price of $169,557.60 as a total cost installed, period. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Joanne. Ms. Joanne Molshouser: This isn't in any way going to interfere with the other thing we're talking about? Mr. Plummer: Well, that was the other item I was going to ask about. Mr. Manager. Ms. Holshouser: Thanks. Mr. Odio: Yes. air. Mr. Plummer: Does this in any way have anything to do with the possible improvements to Dinner Key? Mr. Odio: If we improve Dinner Key. the seats could still be used exactly as they are designed. Mrs. Dougherty: We are putting that in the contract too, that they are.... 25 SW"SW"4F 4 I Mr. Odio: And it's in the contract, that no alterations to the building will affect the seating or the restaurant or anything else. Mr. Plummer: Remind us, how much seat capacity does this give you? Mr. Dawkins: 1569 new seats, I don't know what else they'll add, J.L. Mr. Odio: 1500, I believe. Mayor Suarez: I can see us in a few months or a year saying that all of a sudden we really don't need these seats under the new configuration or the new plans for the.... Mr. Odio: No, you know, Mr. Mayor, I've been crying for eight years. I think this will bring this facility to be used more than we're using it now. Maybe.... Mayor Suarez: Chances are that for a couple years at least we'll be using them, and it might improve the.... Mr. Odio: We could have boxing matches every week, wrestling that we have now, but it will bring in tennis matches if we need to. You can set it up any way you want. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll on item 31. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-704 A RESOLUTION ACCEPTING THE BID OF WIMER-STUBBS/HUSSEY SEATING CO. FOR FURNISHING TELESCOPIC SEATING AT THEE COCONUT GROVE EXHIBITION CENTER AT A COST OF $106.64 PER SEAT FOR 1,569 SEATS AT A TOTAL COST OF $169,557.60; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT FUND -FUND EQUITY; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID EQUIPMENT; FURTHER AUTHORIZING THE CITY MANAGER TO PURCHASE FROM WIMER- STUBBS/HUSSEY SEATING COMPANY ADDITIONAL SEATING OVER THE NEXT THREE FISCAL YEARS AT A UNIT COST OF $123.61 PER SEAT 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 4dopted 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. ., 1 { 13. CONTINUED DISCUSSION REGARDING RECONSIDERATION OF REMOVAL OF BETTE & BERT BAYFRONT 66 MARINA INC. A/K/A MARTIN TRITT, FROM WATSON ISLAND (See labels it and #10) Mayor Suarez: Do you Brant to come up, Barry? Mr. Barry Kutun: I apologize for the delay. Mayor Suarez: Which item was it, Barry? Mr. Kutun: It was item 47. My name is Barry Kutun, One Biscayne Tower, Miami, Florida 33131. I am now officially registered. Thank you. Mayor Suarez: We're considering whether to move to reconsider item 47, which was previously passed. Mr. Kutun: About two days ago, there had been a discrepancy for about a month - and - a - half as to how much was owed on current rent; whether it was $25.000 or less. Mayor Suarez: By current you mean rent owed by your present client? Mr. Kutun: Yes. Mayor Suarez: What is the corporate name of that client? Mr. Kutun: Bette and Bert Marina. The City had said it was $25,000. Now it's been resolved that it is $14,000. We have paid the check. They have been paid the $14,000 and they're satisfied that everything is current on his — regular rent. He pays in advance $1,200 a month toward the rent and then at the end of the year they work up any differences. They said there was $25,000 3 due, we said there was less. It turns out they agreed it was only $14,000. It was a matter of interpretation. There is only $14,000 due. We've paid the $14,000. In addition to that, because when Mr. Tritt took over the property back in '78. unbeknownst to him, there was an outstanding debt to the City. The City even agreed to sue the previous owner and Mr. Tritt was going to join the lawsuit. But as part of our obligation, we agreed to take over the liability, so that the City would be held harmless. If the City would allow us to pay it at $1,000 a month, and the City did not have a lease with it. It was like a 30 day, you know. 60 days and they could remove us. That was the agreement. We have paid. Commissioner Plummer and Commissioner Carollo, $48.000 in arrearages since the time we came here in 1482. So the City has '. recouped and is being made whole on the arrearages that were left by the previous owner. If we were to say there for a couple more years, they would be totally 1002, the City, made whole, and Mr, Tritt would have paid his rent in addition. Mayor Suarez: You're not paying them on a lump sum. I mean you're paying on a monthly proportionate amount. Mr. Kutun: We pay them $1000 a month. It's a small business. It's just a one fueling station. There have been some hard times with the fueling crisis and everything. There were times there when he actually had to pay more for fuel than Belcher was selling it for. What the City has indicated to us is that their preference would be to go out and put an R.F.P. up on the premises. We do not object. Commissioner Plummer. We have agreed that if they do that, once and for all. we will put our money that we owe up in escrow, the outstanding balance that is owed in escrow. If anybody is awarded the R.P.P.. that money goes to the City. If they don't put an R.F.P. though, all we're asking is that we continue to stay there on this month -to -month basis• pay the arrearagest pay our rent. You sere, the reason that the City generally has let us stay there is they had no plans for the area. You know, they were talkies about massive plans that, and ve were hike an appendage there. Mayor Suarez: What legal affect does it have if we accept your payment now in terms of... are you still in a morith-to-month? Hr. Kutun: Nothire. you can remove um in 60 days. That is the agreement. Mr. Plummer: Just what is proposed in item 47? Harry, the only problem that I have, further on down in this agenda, there is a discussion, I don't know what this Commission is going to do, but there is a discussion about the possibility of a Shangrila which has offered to the City, which would go only In that particular spot, if it was Watson Island could it go. This operation would definitely have to be moved. So, I'm saying that at this particular time, I don't know what the City is going to do on the Shangrila. I would hate to lock ourselves in and take away our flexibility if we put out an R.F.P. for five or ten years. But I'm saying aren't we going to be making some kind of a decision on this Shangrila within the next 60 days? Why would you do anything prior to that? Mrs. Dougherty: He doesn't have a lease. All this does is say you're not going to.... Mr. Plummer: You're talking about going out with an R.F.P., which indicates it would be going out for a period of years, because he's got to amortize any expenses that he does, upgrading in this amortized loss. Mayor Suarez: We're not doing that on item 47, though. Mr. Plummer% No, item 47, as it stands right now, he's out in 60 days. Mayor Suarez: Right, there is no implication, if we don't take action, that he has any longer period of time or that we're going to go ahead and go out with an R.F.P. That would give anyone long-term rights. Mr. Odio: All we're doing, as I see it, is getting the monies owed to the City. We let him stay there, and when we need him to move, he has to move. Mayor Suarez: So when you put the stem on the agenda, all of a sudden, they paid up, is what happened. Mr. Kutun: No. Mr. Mayor, that is not true. They came up with a figure on July 2nd. I've been representing Mr. Tritt for five or six years on this matter. That was a day I resigned from running for Governor and I asked, and the matter had not been resolved. Mr. said, "Marty, can you meet with them and try to resolve the amount that was outstanding?" That took several weeks. I spoke to Mr. Armada and I told him I was going out of town for two weeks, the minute I got back we would sit down. By the time we got back, they had resolved the amount due. We sat down and everything is fine. We paid it. I think that they're happy. We have not tried to avoid working out the arrangement. Mr. Ron Williams: Mr. Mayor, if I may, Ron Williams, Director of G.S.A. One of our concerns for bringing this item to you is we did not want this particular vendor to be able to extend this lease through this month, one thousand dollar month program, on through the next four or five years. There's approximately $33.000 owed at this point. We thought it would be more advantageous to the City to do something. Our recommendation was to proceed with an R.F.P. and try to get a better deal for the City at this point. However, we did receive the $14,000 from Mr. Tritt. If we do nothing at this point, we essentially leave ourselves status quo and we're talking about receiving $33.000 at $1,000 a month over whatever period of time that takes. Mayor Suarez: I don't see what practical negative effect there is in accepting the money and letting them stay on the basis that they're presently there. If anybody has any other.... Mr. Dawkins: I think what Mr. Williams is saying is that the land is worth more than $1.000 a month. Is that what I hear you saying, Mr. Williams? Mr. Kutun: We're paying $3,000 a month. Mr. Williams: We think through an R.F.P. procedure we can get an innovative program in there that might bring us some better revenues. However, if there are other pending issues relative to the Watson Island project, of course` we did not take those into consideration when we sat down with Mr. Tritt and Mr. Kutun. 28 Srgr r 1111 M6 A Mayor Suarez: But if we should go to an R.F.P. and so on, we still have the right to get them out within 60 days by just giving tF.,�m notice? Mr. Williams: Yes. we do. Mr. Kutun: Not only that. Mr. Mayor, we have agreed that if they put out an R.F.P. we will put any arrearages that we owe up in escrow. We will pay the money. Mayor Suarez: Or else you will go away, one of the two. Mr. Kutun: No, we will pay it. Mr. Williams: They have agreed to do that, obviously, because they want to be a qualified and in good standing vendor and be able to bid on this. Of course, they would not be able to if there were major arrearages. Mr. Dawkins: Barry, how... do they owe us, Mr. Williams? They owe the $33,000? Mr. Juan Portuondo: Yes, Mr. Vice Mayor, they owe us $33.000 from the arrearages Mr. Plummer: Still? Mr. Portuondo: Yes, that was our purpose in proposing the R.F.P. was to accelerate the payment of that $33,000, so that we don't drag it on for $1,000 a month. Mr. Plummer: I'll give you an alternative. If they want to stay there beyond the 60 day period, put $33,000 in escrow. Based on that, if something happens. the City can take that money out of the escrow and we're paid. If not, then let's do something different. Mr. Dawkins: But they didn't say they would put $33,000 in escrow. If we get the bids, you get it. What I'm hearing is, and I hope if I'm in error, someone correct me. We're going to put $33,000 is escrow, and if we are not the successful bidder. we take our $33.000 and go home. Mr. Kutun: No. no. I never said that. no. Mr. Dawkins. Mr. Dawkins: What are we saying? Mr. Kutun: I'm saying, you see. right now we don't have a lease. We d,)n't:. have anything. Mr. 9awkins: Yes. I mean.... Mr. Kutun: We've agreed to pay $1,000 a month for arrearages. Mr. Dawkins: Because you are..* you know, Barry.... Mr. Plummer: Barry. what you do have, the only thing you have right now, as you stand before that mike, is you're out in 60 days. That's what you got. Mr. Kutun: Plus the City is getting $48,000 in arrearages. Mr. Plummer: But the City is telling us there is still $33,000 disputed. Mr. Kutun: We're willing to pay it up front just if an R.F.P. is issued, not if Mr. Tritt gets the R.F.P. We will put $33,000 up to go to the City.... Mayor Suarez: It wouldn't be in escrow then. Mr. Kutun: No. it would be a payment, but only if it's issued. We wouldn't Leant an R.F.P. put out, then nobody gets the R.F.P. I mean.... Mr. Kutun: O.K., what we're asking for, we are paid up, we don't feel we should be evicted. The $14,000 is only part of the rent. We paid $14,000 already of the rent. That was just a balance due. They have always been paid in full. They have always been paid in full. We have paid in addition to that the arrearages to a total of $48,000 and all we're asking is until you do 29 September 11, 1986 something with the property to let us stay there and we will pay the arrearages at the same time. Mr. Dawkins: Barry, you have my sympathy. That's about all I can give you. because I have been through this with Merrill Stevens. I've been through every... I just don't see haw we. the City Commission, can tell a businessman you have to go along on faith and in 60 days you don't have nothing. I mean, you've got to negotiate a better frame of...* or something than that. That's my personal opinion. Mr. Plummer: I'll explain where I am. You're not disputing the thirty-three, so obviously there is a feeling of obligation on your behalf for your client. If you want to go and resolve in my estimation, there's got to be that $33,000 put into escrow, payable out, if you want, at $1,000 a month and we'll let you stay there beyond the sixty days, and I would move to rescind this motion leaving you on the basis that you are now. I'm not saying that in six months or five months or eight months that we might not feel that we want to go out with an R.F.P. But I'm saying if you want to stay there beyond the sixty days, you got to put the money in escrow and either pay it out in one lump sum or pay it out over a period of time, whatever is acceptable to the City. That's my vote, Barry. Mr. Kutun: Well, Commissioner Plummer, you know, certainly the City Cm ission is the last word here and I can tell you that the people who are running it, the lease manager, the assistant city manager told us that if we paid the money, they were going to recommend an R.F.P. If an R.F.P. was not recommended. that they would recommend that we stay there on the basis that we are. We are not a bad tenant. We haven't done anything wrong. We had a dispute as to the amount that was due and it's been resolved. That's just like landlords and tenants have. Now we are being forced to be placed in a position of having to put up this money and have no more than we've ever had before. We have been a good tenant. We have paid promptly. The City has been made whole to the tune of $48,000. We've lived up to every monthly payment on the arrearage. I just feel that this.... Mr. Plummer: For the record, Barry, let's understand, you are not a tenant. For the record, you are a concession. Mr. Kutun: Fine. Mr. Plummer: Well, there is a big difference, as we well know. Mr. Kutun: We're not here either, Commissioner Plummer, to get more than we have. That's not it. The only thing that I would ask is that you allow us to stay there on the same basis until you make a decision on what you want to do. Mr. Plummer: We're saying we will do that if you put the money in escrow. Mrs. Kennedy: Put the money is escrow, that's the only different condition.... Mr. Plummer: We'll do it. We'll let you stay there on that basis. Put the money in escrow and we'll rescind this motion and let you stay there as you are until some decision is made by this Commission. Mayor Suarez: In what event do they get any money back from the escrow? Mr. Plummer: They don't. Mayor Suarez: So then they may as well just pay it. Mr. Plummer: There is no dispute that the money is due and owing. There has been no conversation to that. Mayor Suarez: They may as well, we may as well just require them to pay it. Why put it in escrow? Mr. Plummer: It's just guaranteed payment to the City t%at money due and owing is g,oiog to be paid. 9 Mayor Suarez: Then there will be no need to put it in escrow. They just pay it. Mr. Kutun: That is not.... Mr. Plummer: Excuse me. Mr. Mayor, that's wrong because what they have been.... Mayor Suarez: In what event would they get some of the money back? If there was no R.F.P.? Mrs. Kennedy: In no event. Mr. Plummer: The difference is where they have been paying use they are asking us to continue to allow that to be paid at $1.200 a month. Mayor Suarez: But if they've got to put it into an escrow account, they may as well give it to the City. If they lose the rights to it the moment they put it in escrow account and never have a right to get it back, it's the same thing as just paying it to us. Mr. Plummer: I don't dispute that, sir. Mayor Suarez: But that's a pretty harsh requirement, is all I'm saying. I'm f not disagreeing with the bssic thrust of what you're suggesting, which is that they come up in their obligations totally up to the present on all past rent and if the Commission wants to impose the full payment, accelerated payment of the arrearages from the prior tenant, so be it. I would feel that we're not losing anything by accepting all the payments due at this particular time with the proviso that we can throw them out within 60 days if we wanted to do something else with the property. But that's up to the Commission. Mr. Plummer: At this particular point, Mr. Mayor, unless somebody rescinds 47, it stands as it is. Mayor Suarez: That's right, but we have, in effect, been reconsidering 47; procedurally, that's where we're at. He's right. I mean, we've basically done away with the lease at this point. Mr. Plummer: I think they got 60 days to think about it. Mr. Kutun: I think that we were misled and I think it's been totally unfair, very unfair to Mr. Tritt. We sat down with the City. We negotiated an arrangement, which they're shaking their head yes, that they would come here and recommend.... Mr. Plummer: Which they did. Barry, they did recommend it. Mr. Kutun: ....and now... they didn't recommend it. Mr. Plummer: They did recommend it. Mayor Suarez: Let me first move to reconsider It, so we can go ahead and decide what we're going to do. Maybe the motion won't pass, but.at least I'll try. I move to reconsider this item. Mrs. Kennedy: I second. Mr. Dawkins: Seconded to reconsider. Further discussion? Call the roll. THE PRECEDING MOTION TO RECONSIDER ITEM 47 ON TODAY'S AGENDA, WHICH AUTHORIZED THE PROCEEDINGS FOR REMOVAL OF BETTE & BERT BAYFRONT 66 MARINA, INC. A/K/A MARTIN TRIT`i, FROM WATSON ISLAND WAS DULY MADE BY MAYOR SUAREZ AND SECONDED BY COMMISSIONER KENNEDY. THE MOTION FAILED BY THE FOLLOWING VOTE: AYES: Commissioner Rosario Kennedy Mayor Xavier L. Suarez HOES: Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins ABSENT: Commissioner Joe Carollo 5 31 77771, ' ,` - Mr. Dawkins: Tie vote, it dies. Mr. Plummer: Please. I want it fully understood that I want you to have some time to think about it. I would ask at this time that it be scheduled for the next agenda, which is 30 days, half of the time that you got on the 60 day notice. at which time if there is some equitable situation worked out in which the City is guaranteed its payment, that's all I'm looking for. I would move to put you buck on the basis that you are now• So you have 30 days to think about it. You have 30 days.... Mayor Suarez: Maybe a bond or some other guarantee that they would pay, but at least they don't have to be out the entire amount. Otherwise ... Mr. Plummer: I'm telling them go negotiate something that is agreeable. You have 30 days to do it and no interest. _ Mr. gutun: Thank you. 14. ACCEPT TWO FEDERAL HISTORIC PRESERVATION GRANTS AND EXECUTE AGREEMENT WITH FLORIDA DEPARTMENT OF STATE, DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT Mr. Jack Eads: I think item 43 is next, Mr. Mayor. Mr. Dawkins: I pulled it. but I'm O.K. on 43. I move 43. Mayor Suarez: Motion on item 43. Do we have a second? Mrs. Kennedy: Second. This is the same thing that happened in Morningside. Correct? Mr. Sergio Rodriguez: Right, yes. Mrs. Kennedy: O.K., second. Mayor Suarez: Moved and seconded. Any discussion from the Commission? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-705 A RESOLUTION ACCEPTING TWO FEDERAL HISTORIC PRESERVATION GRANTS-IN-AID IN THE AMOUNTS OF $14,225 AND $5,500 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENTS WITH THE FLORIDA DEPARTMENT OF STATE, DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT, FOR THE CITY TO PROVIDE HISTORIC PRESERVATION SERVICES IN CONNECTION_ WITH SAID GRANTS-IN-AID. (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 J. L. Plummer. Jr. Commissioner Rosario Kennedy Vice -Mayor Hiller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Coemrirssioner Joe Cmarollo 32 'T' h1W 15. AUTHORIZE EXECUTION OF AMENDMENT #3 TO AGREEMENT WITH O'LEARY SHAFER- COSIO, CONSULTANTS FOR RENOVATION OF MOORE PARK Mayor Suarez: Item 44. Mr. Dawkins: Under 44, I've already been satisfied by the Manager. I move 44. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll on 44. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-706 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 03, IN SUBSTANTIALLY THE FORM ATTACHED, TO THE SEPTEMBER 27, 1983 AGREEMENT WITH O'LEARY SHAFER-COSIO, P.A.. LANDSCAPE ARCHITECTS/LAND PLANNERS, TO PROVIDE COMPENSATION FOR ADDITIONAL PROFESSIONAL SERVICES WITHIN THE ORICINAL SCOPE OF SERVICES, BUT UNFORESEEN AT THE TIME OF THE ORIGINAL AGREEMENT, FOR THE RENOVATION OF MOORE PARK; FURTHER AUTHORIZING FINAL PAYMENT TO SAID CONSULTANT IN THE AMOUNT OF $16,000; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 CAPITAL IMPROVEMENT PROGRAM FUND - UNUSED MOORE PARK PROJECT EXPENSE, TO BE REIMBURSED FROM LIQUIDATED DAMAGES ASSESSED THE CONSTRUCTION CONTRACTOR. (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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez .T NOES: None. - ABSENT: Commissioner Joe Carollo 16. WITHDRAWING PROPOSED REQUEST FOR PROPOSALS (RFP) FOR SELECTION OF FIRM TO OPERATE. MANAGE AND MAINTAIN THE OVERTOWN SHOPPING CENTER UNTIL ADMINISTRATION COMES BACK WITH REALISTIC RECOMMENDATION FOR PROJECT. Mayor Suarez: Item 46. Mr. Dawkins: Under 46, Mr. Bailey, Mr. Schwartz, anybody, in the selection committee on the first page, the last sentence says: "A representative with expertise in the area of management and marketing of shopping centers." Where are you going to find that individual? Mr. Matthew Schwartz: Locally. we're going to make an effort to.... Mr. Dawkins: No, no, no, I don't want to make nothing. I want to know today where you're going to find him. Because you have to make an effort, scratch it. 33 r I�.IAi�RA.�Ar-- u f!- . Schwartz: The intent wz. c to incluie someone who knows sor:c' hing about managing shopping centers. We have not identified a person to date. Mr. Dawkins: Well. identify someone and get back to me, O.K.? Mr. Plummer: Excuse tee, Ccnm isasioner Dawkins, how do you know who's Interested or qualified if you don't go with... you have to go to competitive bidding, obviously. And how will you know who's interested and also qualified if you don't go to the R.F.P.? I'm just asking the question. Mr. Dawkins: No. this is the selection committee that they're making up, J.L. This is to make up a selection committee to determine.... Mr. Plummer: No. air, that's not what I'm reading. Authorizing the City Manager to issue a request for proposals. Mayor Suarez: And to form a selection committee, both. Mr. Dawkins: Further authorizing the City Manager to establish a selection review committee composed.... Mr. Plummer: No. sir, that's not on my agenda. I'm sorry, you're correct. I stand corrected. Mr. Dawkins: Now. on page one of the public notice, the third paragraph. It says: "Priority consideration will be given to proposals that show a proven record in retail food sales and the primary goal of the shopping center is to improve delivery of services to the community by attracting a supermarket at the major anchor. The 13.000 square feet supermarket is currently vacant, but it's completely equipped. The successful bidder will be required to primarily operate the supermarket...." Etc.. Etc. Who did a feasibility study to determine that that area will support a thirteen square foot shopping food market? Mr. Schwartz: In nineteen, I think, eighty-one or eighty-two, when the original application went to the federal government, there was a study done by a consultant and the City.... Mayor Suarez: You're talking about the Charles Raugh study on the food market? Mr. Schwartz: I think it was E.R.A. Mr. Dawkins: In 1980, this is 1986, how many residents did the City of Miami move out of that area since 1980? Mr. Schwartz: I would say that the population probably has declined by about 1,500 to 2,000 people. Hr. Dawkins: By 2,000? Mr. Schwartz: Approximately. Mr. Dawkins: So therefore, that survey or that feasibility study that., was done based on the residents and the homes in that area in 1980 would not be valid today. Would that be a correct statement? Mr. Schwartz: I believe to. Mr. Dawkins: So why in the hell are we going to put out an R.F.P. on some stats and date of 1980 dealing in 1986? Mr. Schwartz: I think the intent was, although the wording may lead you different, I think the intent was to have a food anchored there, a food store being a major need of this community. It may not be 13.000 square feet., because the people who have come to the City recently.... Mr. Dawkins: But nowhere in the R.F.P. do you say that. You say it's going to be based on 13,000 square feet. That's what you're putting down in your R.F.P. and you're going to serve a population of approximately 10,000 34 Septeaber I1, 1986 • residents. I do not believe that 10,000 purLh,3-kng residents live in that area. Now go to the next page. The Culmer neighborhood center, which houses the major social service :agencies serving the Overtown community — the center houses 14 agencies and generates 600 visitors a day. Are you saying these 600 visitors will spend coney in that shopping center every day? Mr. Schwartz: No, not at all, but that is a potential market to tap. Mr. Dawkins: Well, you see, what we're doing, sir, here... I'll tell you later. All right, take the next paragraph. "It can be anticipated that in the area with the socioeconomic characteristics of Overtown, between 30% and 332 of available income is spent for food." Is that a true statement? Mr. Schwartz: That is based on.... Mr. Dawkins: How many employed persons are employed in Overtown that we can look at and come up with whatever 33% of, to determine what we're talking about spending? Mr. Schwartz: That was based on the consultants analysis of the population profile in 1981. Mr. Dawkins: In 1980, all right, the first research consultant in the analysis further estimate that retail sales in Overtown, as represented in categories of shoppers goods and convenient goods including food sales represented 27% or five million of potential sales. Is there five million dollars worth of potential sales in Overtown now? Mr. Schwartz: Probably not now due to the decline in population. Mr. Dawkins: O.K. Are the consultants who did this the same consultants who were used to justify getting the money from the federal government, etc$ to build this center? Mr. Schwartz: Yes, that's what it is based on. It is based on that. Mr. Dawkins: And so now, everything that they have told us about this center has proven to be untrue. Mr. Mayor, I'd like to move that this be pulled from the agenda. That the administration go back and come back with something 'more realistic as to the area, what the area can support, what it can't support, and put an R.F.P. out on that basis. Mr. Plummer: Second the motion. Mayor Suarez: Moved and seconded. Ann Marie, Commissioner Dawkins recognized you. Go ahead. Ms. Ann Marie Adker: I'm Ann Marie Adker, I live at 407 N.W. 5th Street. That is in Overtown. Let me say, I have to support the supermarket idea. The first supermarket put into the shopping center did not die from the lack of support of the community and those people coming into the community. It died from the lack of good management. We need a supermarket in that area. I am quite sure that area plus would support. See, you have forgotten that we are right near the Civic Center. We are right near the Government Center. You're really saying that Overtown itself does not have but a certain amount of residents. but you have really forgotten the closeness of that supermarket to the Civic Center and other centers. Mayor Suarez: What is the closest food store, large supermarket store, to Overtown? Ms. Adker: 7th Avenue and 23rd Street. Mr. Plummer: You have another one: N.E. 2 and 18th. Ms. Adker: And then the next closest one is N.E. 2 Avenue and about 18th Street, but just the aere convenience of people working in the Civic Center, people working in the Government Center, shopping before hitting the busy I-95 or 836, whatever. I wish you mould consider that. 35 Sentowhrw 11 loot. Mr. Dawkins: Along with what Mrs. Aeker says. when you bring back your report. see if you can get a consultants from Publix and a consultant from Winn Dixie. They have a formula, which says that X number of square feet must produce X number of dollars to be profitable. Get that schedule for me so that we can look at what we're talking about. so that when you put the R.F.P. out it's in it, please. - Mr. Plummer: Call the roll. Mayor Suarez: The motion is to not approve the issuance of the R.F.P., Commissioner Dawkins. and ask the City instead for a report on what the recossmended.... Mr. Dawkins: And come back with a more realistic R.F.P. as to the area or what the area needs and can support. Mayor Suarez: Would you include in that other things that have been discussed before, such as using the building for City functions or facilities or the Intake center that you had mentioned. Mr. Odio: I asked Mr. Bailey to look at the possibility of having an outreach situation. Mr. Herb Bailey: I would like to ask a question on that motion, please. Are you suggesting that we come back, or that we go out and find professional consultants who advise us on the feasibility of the entire market, which includes more space than just a supermarket, or are you asking for a consultant study just for the supermarket? The R.F.P. was not only to include the supermarket, but it included the management of the entire facility. Mr. Dawkins: Mr. Bailey, if you do not put out an R.F.P. for the total facilities. what good is it going to do us to have an anchor store in there and nothing else around there, sir? Mr. Bailey: I'm not disagreeing with that. I just want to know what do we do? We get a consultant for the entire area or just for the supermarket. Because we need a professional consultant to come up with the feasibility that you asking for. Mayor Suarez: Unless I mistake the motion, it's not asking for a consultant at all. Herb. It's asking for the City itself to give us some recommendation on what should be done with that shopping center. Mr. Bailey: You know, that's a staff opinion. Mayor Suarez: Yes, exactly. Mr. Bailey: Are you willing to accept our opinion? Because we can give you.... Mr. Dawkins: If note at that time we'll ask for an outside consultant. Mr. Bailey: So you want our own staff recommendation. Mr. Dawkins: Yes, sir, we pay, we have enough high paid people over there to do it. Mayor Suarez: I tell you. I guess everyone is aware of this, but we've made every effort to try to get a food chain to be interested. Publix. Winn Dixie, every gubernatorial candidate tried to deal with all these large chains throughout the State of Florida, and we have not had one that has expressed any interest, at least from my individual perspective. If there are any out there. you know, I'd like to hear about them, Ann Marie, so that by the time V0.... Ms. Adker: Mr. Bailey came before us at a meeting and had five prospective to go into that supermarket, so maybe you should.... Mayor Suarez: I hope that is included in the report that we get from the staff, if there are really people interested in putting a► food store in there. I vould lone to see one in there. i think there are probably enough people in there. The Charles Rough study indicates that there would be enough P*oplre in the area to support that kind of food store. z Mrs. kennedy: herb. can you make a comment as to Lhase five? Mr. Bailey: The people who expressed an interest, they were not the major operators of the likes of Publix, Winn Dixie. They are local operators who would like to manage the facility with an independent operation similar to the ones before them. What they brought to us was a promise of a much better managed facility. It is probably correct that 13,000 on a profitable basis would have ,some difficulty being there. However, two things can change that. The way in which we lease the market to the tenants and make it very flexible in terms of the amount of rent we collect, or they can cut the market down Into a smaller size and include two operations, one for _supermarket and one for some other activity. The current R.F.P. can permit that to happen, but the problem with going out with an R.F.P. that does not indicate a certain degree of real estate sophistication, you would probably not get anybody to bid that's going to be able to meet the financial requirements. So we have to do it in such a way that we're going to attract some bidders. There are some people who want to come in and put in various... flexible types of operations, which may be acceptable. I don't know. Mayor Suarez: We have a motion and a second. Joanne. Ms. Joanne Holshouser: If I could just comment, if we got the space down there and we get... I know Commissioner Plummer talks about the more bang for the buck. One of the ways we might do it down there, there are a number of community groups that are looking for space to do good programs: Christian Community Service Agency. the Miami Coalition for the Homeless, possibly Community Action Agency. Why can't they also look at the idea of putting something down there on the spare space that brings in mothers and children for something. There are a lot of social service programs that might be willing to occupy the space if we could offer it to them and they in turn would generate traffic down there and do some good in the community, if they could possibly try to include that. Mayor Suarez: I certainly hope that the City considers that as part of its report. Any further discussion from the Commission? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: NOTION NO. 86-707 A MOTION WITHDRAWING FROM THE AGENDA PROPOSED REQUEST FOR ISSUANCE OF R.F.P. FOR SELECTION OF QUALIFIED FIRM TO OPERATE, MANAGE AND MAINTAIN THE OVERTOWN SHOPPING CENTER; FURTHER DIRECTING THE ADMINISTRATION TO COME BACK WITH A. MORE REALISTIC RECOMMENDATION AS TO WHAT THE PROJECT CAN OR CANNOT SUPPORT. 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 _r 37 September 11. 1986 1. Henry Rivera of Rivero Funeral Home was commended for providing a free funeral for Elsie Suarez, an infant who could not be buried because of lack of funds. Thursday, September 11. 1986 was proclaimed as "Henry Rivero Day." 16. DEFER CONSIDERATION OF PROPOSED LEASE AGREEMENTS WITH METROPOLITAN DADE COUNTY SCHOOL BOARD UNTIL SUCH TIME AS THE SCHOOL BOARD MAKES BETTER OFFER FOR CITY Mayor Suarez: Item 49. Mr. Plummer: Miller, you pulled this one, didn't you? Mr. Dawkins: Which one? Mr. Plummer: 49. Mr. Dawkins: Yes, I pulled 49. My concern is what is 40Z? 40Z of .the fertilizer, 40% of the grass -cutting, 40% of everything? Mr. Jack Eads: It's 40% of total City expenditures for maintenance of those individual parks. Mr. Dawkins: And for 25 years? - no. These are the same people who came down here with a group of people and brow beat me and made me look bad because I didn't put any crossing guards out there and I didn't have the money. Now all of a sudden they want me to bend over backwards for them. Mr. Plummer: Why don't we put it on a one-year renewable? Mr. Dawkins: That's right, one-year renewable. Mr. Ends: On an annual basis. Mr. Dawkins: On an annual basis. If we find out that we're running- .short, and they've got money over there in the school budget, then they can pay for it. Mr. Plummer: You know. they got money. I'm going to tell you they got money. Mr. Dawkins: They haven't even reached their cap yet. Mr. Plummer: I tell you that I honestly feel that a dollar a year is absolutely crazy. We are spending how much for crossing guards, $200,O00 a year to provide services that they rightfully should absorb, which they did in the past? I tell you, I just think a dollar a year is absolutely crazy. I tell you what. whatever we get out of it. I'm not looking to it for the City. I'll donate to any charitable organization to improve the parks, but a dollar a year, I think, based on everything that's holy, that's absolutely just... it's an insult to offer us that. Mr. Dawkins: I agree with you wholeheartedly. Mr. Plummer: Do you want to defer it? Mr. Dawkins: Defer it until they come back with a better price that will rent or lease. Mr. Plummer: by God, you'd think if you were giving it to them for a dollar a year, at least they'd keep it up 100%. Mrs. Dougherty: At least fifty. 38 .I Mr. Dawkins: I pull 52 and I also pull 50. Mayor Suarez: You know, an observation on the school system, and you might discuss this with them as we negotiate with them, when they have their own playground facilities, they put these very high fences as they have done at Shenandoah Junior High so the people cannot use them except as part of the school activities and we get pretty good at jumping over the fences and going over there anyhow, but you know, it seems that they try to be exclusive with their own facilities and yet they want to share in our park system. I don't understand why that is. Shenandoah has an incredible number of kids that want to use both the City -owned one and the one owned by the school board, but they can only use the one owned by the City. They can't use the one owned by the school system, because of the fences, and I really.... Mr. Plummer: Well, Mr. Mayor, I'm not defending them, but the one thing I want to make sure that anything they rent from us, and I'm sure the reason they put a fence is liability, because the liability is great, that anything that we enter into with them, that they have to indemnify this City from liability. Mrs. Dougherty: It is that way. Mr. Plummer: Cot to be. Mrs. Dougherty: That's in the contract. Mr. Odio: I understand that you have question of item 49. Let me tell you, they've been using our City parks forever and have never paid one cent to the City of Miami. Mr. Plummer: Yes, but now they're only upping that by 100Z to a dollar. Mr. Odio: No, they're going to $88,000 a year. Mr. Plummer: They're saying here a dollar a year. Mr. Odio% I don't know where you got... Mrs. Dougherty: But that's the maintenance cost. Mr. Odio: They're going to pay us every year close to $90,000 for something they have been paying zero. Mr. Plummer: Mr. Manager, why should we allow them, if they are using our parks, why should we have to maintain them for their benefit? Mr. Odio: I agree with you in the principle of what you're saying, but what I have to tell you they have always been using the parks.... Mr. Plummer: So we stopped them from doing it. Let them maintain them. Mr. Odio: Some of those kids live in the neighborhoods and this is part of the negotiations that have been going on. Myself, I've been involved for two years. They have the right to use the parks. Mr. Dawkins: They. who? Mr. Odio: The kids in the neighborhood. Mr. Plummer: By virtue of what? -not the School Board. Mr. Dawkins: They don't have the right to use the parks during the day when the school is in session. Mr. Manager. Mr. Odio: I agree, Commissioner. Mr. Dawkins: 'they're not talking about playing after school when it's our park. They're talking about going out on our parks doing the recreation and doing the P.L. and doing other things that are school -connected, Mr. Manager. Mr. Odio: Comissioner, I agree with you 100%. Like I said, I fought for this hard. I thought we would get about $125,000 and we ended up with 588.000. 4 ,39 lfs -or Suazcz: $53,300, let's clarify that. It is not one dollar a year. There is a lump sum payment there. Mr. Plummer: Let me tell you where I'm at so you know where this vote is. I'll give it to them for a dollar a year. Mr. Odio: No. air, it's not a dollar. Mr. Plummer: Yes, sir. Mr. Odio: But it's not.... Mr. Plummer: I'll give it to them for a dollar a year, but they've got to pick up 1002 of the maintenance. Mr. Odio: Let me tell you. As we measured -Jack, correct me if I'm wrong, Walter- in the negotiations we figured out to the tenth what the maintenance cost was and it ended up being about $125,000 according to the time they use the park.... Mayor Suarez: Did they not want to pay $125,000? Mr. Odio: They agreed to pay $88.000. Mr. Plummer: No, no, no. Mayor Suarez: Eighty-three. Mr Plummer: No. no. no. Mr. Dawkins: No. no. Mr. Plummer: Eighty-eight from one twenty-five is not 40I. Mr. Odio: Well, send me back and tell them they have to pay $1259000. Mr. Dawkins: They have to pay 100% or don't use them. Mr. Plummer: They have got to pay 1002 of maintenance. Mr: Dawkins: Or else I will maintain them for a dollar a year and they pick up the school guards. It don't make any difference, one way or the other. Right. J.L.? Mr. Plummer: No, no. no, I go for that one right now, because that's $200,000 that we're picking up for them. Mr. Dawkins: Either way. Mr. Plummer: Do we have an exact number on what we're paying for school guards for their benefit? Excuse me, not their benefit, our children's benefit but something that is'rightfully their obligation. Mr. Odio: When we figured. Jack, the amount of cost of maintenance, what did it come up to? Mr. Plummer: What is the cost of the school guards? Mr. Odio: I don't know. I will have to find that out. Mr. Plummer: Because at one time it was almost $300,000 a year, two ninety- seven for sure. Mr. Odio: O.K., we'll go back and tell them they have to pay 1002 of the cost of maintenance of the parks. Mr. Plummer: Exactly. Mr. Odio: For the time that they use. Mr. Plummer: No, sirl 40 �PItember' 19#6 i Mr. Dawkins: No. sir! Mr. Plummer: 100I1 annual renewable. And we'll give it to them for a dollar a year on an Mayor Suarez: The implication of 40% is that is an estimate of the time that they use versus the time that is used by other people and not related to the school system. Mr. Odio: That the parks are used by the school system. Mr. Plummer: Well. of course, Mr. Mayor, the parks close at dark. Mayor Suarez: Well, but we have Saturdays and Sundays and we've got - the school system only uses them up through about what, 3:00 P.H.? I don't think 100% is fair. Mr. Plummer: I don't think a dollar is fair. I'm only giving that as an alternative. Mayor Suarez: It's not a dollar; it's $83,000. Why do you keep saying a dollar? Mr. Plummer: No. the rental is a dollar. Mr. Dawkins: I didn't think it was fair for them to come in to demand that I spend $200,000 to put school guards to protect my youngsters. when they are taxing me within their budget to provide to a school security; and let those people get out of the cars and direct the traffic, and then get back in their cars and patrol the area. I mean. you know... Mr. Plummer: We disagree with him. I will give you one better than that! They stole 39 of our policemen so they wouldn't have to put them through the academy by offering them $1,000 more a year! Mr. Dawkins: Well, I don't have no problem with that. because the Chief could have matched the $1,000. Mr. Odio: Can I understand.what you want me to do? Mr. Dawkins: Yes. sir, I want you to go and tell them they pay 100 percent plus a dollar, or they don't use them, yes, sir. According to your own calculations, that figure will.be exactly 2.5 times higher than the $83,000 to reflect 100 percent, as opposed to 40 percent, so let's not get into, you know, spending the next five weeks figuring out what the amount is. That is what the Commission is saying. I don't agree with it, but that is what the Commission is saying, and as J.L, said, we will take the money and like, what is that school by Gibson Park, Mrs. Adker? Ms. Adker: Douglas. Mr, Dawkins: We can take the money from Douglas and go right over there to Gibson Park and upgrade it, and do what we have to do. Mayor Suarez: It will end up being about $200,000 instead of $63,000. Mr. Dawkins: No. no, I mean. all the schools around the park, we'll,know, Mr. Plummer: Well, I will tell you, that amount of money will go to help us upgrade the rest of the parks. Mayor Suarez: Call the roll on that motion. The following motion was introduced by Commissioner Plummer., who, moved its adoption: MOTTION NO. 86-708 A NOTION DEPMRING CONSIDERATION OF PROPOSED EXECUTIOM OF SIX LEASE AGREENUNTS WITH METROPOLITAN DADE COUNTY. SCHOOL, BOARDUNTIL SUCH TIME AS THE SCHOOL BOARD CDMSSBACK UFORE, NE CITY 4 rAKISSION WITH A MORE ADVANTAOEOUS OFFIM. s �: .. ... .., �� a ..... .. �•..1��.' r...- ,. • Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer. Jr. Vice -Mayor Miller J. Dawkins NOES: Mayor Xavier L. Suarez ABSENT: Commissioner Rosario Kennedy 19. AMEND LEASE AGREEMENT WITH ORANGE BOWL COMMITTEE FOR USE OF CITY WAREHOUSES. Mayor Suarez: OK, item 50. Mr. Dawkins: Mr. Barker. sir, what is the Orange Bowl paying for the rental of that space now? Mr. Odio: What is it, S24,000 a year? Mr. Jim Barker: It is the amount that they... Mr. Odio: It is $24,000 a year I know, and they are going to increase another $15,O00. Mr. Dawkins: So that means that we will be getting less than $50,O00 a year. How much did the Orange Bowl make last year? Mr. Odio: The Orange Bowl Committee, you mean? Mr. Dawkins: Yes, the committee. Mr. Barker: I am not at liberty to discuss or... I don't know how much we made, because the bottom line, Vice -Mayor Dawkins, is that at the end the money is given to charity. We are a nonprofitable organization. Mr. Dawkins: Well, let me be one of the charities, the City of Miami. Mr. Plummer: Charity starts at home. Mr. Barker: Well, we try to do... Mr. Dawkins: OK. I just wanted to ask... that is up to the rest of the Commission, Jim. Mr. Barker: I understand, but... Mr. Dawkins: But. $49,O00 out of a multi -million dollar budget, that is peanuts. going right back to the school board concept. Mr. Barker: Well, we don't make any money, as we are a nonprofitable organization. and we pour the money back into the Commission. Mr. Dawkins: Well then, if you don't make any, then you can... all I am saying is, count me in as your expenses, see? You don't make any money because the expenses eat it up, right? Mr. Barker: So, count use in as one of the expenses to help eat up the profits. Mayor Suarez: What is a typical charity that is benefited by the committee? Mr. Barger: Well. for example, we were the initial funder of S50*000 for the Miami Citizens Against Crime. We were the initial one that got that started. We distribute money. This last year, we had two luncheon& for the scholar , athletes, and we picked the top scholar. male and female from each of the 26 high schools, and we have the" a 2trnche^n and we awarded scholarships to the top winners and runner-up, Sod W did tAe same thing for the scholar band. Tnat is one portion vhert we s*tit s~ of the money. We distribute money to various charitable organisations t hout the County. The money stays here in the County. Mr. Plummer: I will move it 51. Mayor Suarez: Moved. do we have a second? Mr. Dawkins: Second. Mayor Suarez: Seconded. Mr. Barker: That is item $0. tsn't !t. Mr. Eads: That is item 30. Mr. Plummer: 50. I as sorry. Mayor Suarez: Call the roll. The following resolution we istre aced by Commissioner Plummer, who moved its adoptions ION NO. 116-709 A RESOLUTION AVrl=Z= THE CITY MANAGER TO EXECUTE AN ANEENT, IN WIStMIALLY THE FORM ATTACHED HERETO, TO S=IOMS 1. S. 7, S, 10 AND 11 OF THE LEASE AGREEMENT DAM DECDOFR 20, 1074, 991VEEN THE CITY OF MIAMI- AND THE ORANGE VWL CMI , P'('1R UR OF THE WAREHOUSES LOCATED AT N.M. 11 AVOM AM N,W. SOU N RIVER DRIVE, TO PROPERLY PMLECT TU INIONSM OF IM£ PARTIES WITH RESPECT TO RISK OF LOSS AND USE 4W 3"!Bi OWISETD PREMISES. (More follows body of resolution, omitted here snd on file in the Office of the City Clerk.) Upon being second" by CAmIssioner Dawkins, the resolution was; passed and adopted by the following AYES: Commissior r Jolt CarsUo Commissioner J. L. f3ereer, Jr. Vice-Nayor hiller J. ftikims Mayor Xavier L. Smwes NOES: None. ABSENT: Cosimissiasier 2038e10 issasdy Mayor Suarez& Ties, fast the sated, thst vas Jim Barker who addressed the Commission. I don't know it 7M %W givee us your full nose. Mr. Barker: I an sorry. I 40 As Marker, rice -president of the Orange Bowl Committee. Mayor Suaress Tbank you. J3e1. 20. CONVEY PERMANENT EASEMENT TO METROPOLITAN DADE COUNTY FOR USE OF CITY PARCEL OF LAND AS CITY'S CONTRIBUTION FOR STAGE I OF DOWNTOWN PEOPLE MOVER. Mayor Suarez: Item 51. Mr. Dawkins: On 51, somebody from the Administration come up here, please. On 51, why is it, that here again, we are giving away City property, OK? Mr. Plummer: We are not. Mr. Dawkins: Yes we arel Mr. Plummer: I am not voting for it, is what I am saying. Mr. Dawkins: OK, you know, why is it we cannot lease them this land, and then go back and revisit it, and raise the lease. Now, the money... if you don't have this, get it for me, the money that they are talking about paying us with, is that money they got for the Metrorail funding? Or, where did this money come from, that they are going to pay me with? Mr. Al Armada: I cannot say whether that money is coming from them. I don't know, sir. Mr. Dawkins: OK. so if it is really Metrorail money, it is my moneys It is the citizens of Miamil Mr. Plummer: $104,000.000 worth of subsidies this year alone. Mr. Dawkins: That is citizens of Miami money. Mr. Plummer: 30 percent of it comes from the City of Miami. Mr. Dawkins: Now. we should lease them this land for ten years for that same amount of money. and go back. We gave them the port, they make a ton of money off the port. Now, you are going to turn around and give them the right to come off the port for a lousy $6.000,000. And they are going to make..* my grandchildren will still be here and they will be making money, and so, let's... it is time that the City of Miami sits down and work out lease agreements with the County. where, as the County begins to make money off of the land that we let it use, that we share in the profits! Mr. Plummer: Go back and renegotiate it. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Does it make any sense to have an easement, not a permanent easement? Mr. Armada: Not to have a permanent easement? Mayor Suarez: Right, the implication of what the Commissioners are saying is that they would like to have a lease, maybe a ten year lease, or whatever. Is there anything in between, do we have a concept, can we have a twenty year easement, or a ten year easement, as opposed to ....? a Mr. Dawkins: We can have a five year, we could have a year to year. Mrs. Dougherty: You have a revocable permit. Mr. Armada: Of course, the thing is that it is there already. and... Mr. Jack Eads: Mr. Mayor. one alternative may be a permit that this Commission could revoke at will. Mr. Dawkins: No, no, it is there already. Who OK'd it for them to put it there already? 44 Soptembor 11., 1996 is Mr. Armads: back at the time when they were Flanni:►e; the entire Metrorail system, OK, t`,at column was planned there. Mayor Suarez: They call it adverse possession, rigs, They took over our landl Mr. Eads: Don't tie us into the profits of Metrorail. Mayor Suarez: Well, I am trying to figure how to give you some parameters for guidelines, here. as you negotiate this, and ten years sounds a bit short for we for that kind of a facility, I mean, the fact that we get more or less money is one thing to negotiate. and the other issue is how many years. For myself. one vote, it would make more sense to make it, if not a permanent easement, at least for the life of the structure. What kind of a structure are we talking about? Thirty years, is that...? Mr. Armada: They may have some estimate as to what they... Mayor Suarez: Isn't that the estimate for the Metrorail system, 30 years? Mr. Armada: I heard various estimates. 30 sounds reasonable. Mayor Suarez: Now, that doesn't mean that the amount to be obtained by us, you know. should not be negotiated, as the Commissioners are indicating. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-710 _ A MOTION DIRECTING THE ADMINISTRATION TO GO BACK AND RENEGOTIATE A REQUEST FROM METROPOLITAN DADE COUNTY FOR CONVEYANCE OF A PERMANENT EASEMENT FOR USE OF A PARCEL OF LAND AT APPROXIMATELY THE N.E. QUADRANT OF THE MUNICIPAL JUSTICE BUILDING; FURTHER EXPRESSING TO THE CITY MANAGER THAT THE COMMISSION WOULD LIKE TO SEE A CONTRACT DRAWN WHEREBY IF THE CITY GIVES THE COUNTY A PIECE OF LAND, AS THE COUNTY BEGINS TO PROFIT FROM SAID PROPERTY, THE CITY MAY BEGIN TO SHARE ON THE PROFITS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo J Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 21. EMERGENCY ORDINANCE: AMEND 9939, INCREASE APPROPRIATIONS FOR (a) ORANGE BOWL CONCRETE SLAB AND JOIST REPAIR AND (b) ORANGE BOWL RECEPTION/PRESS INTERVIEW AREA. 45 tMeyor Suarez: Moved end seconded. Any c scussion fro; the Commission? Read .the ordinance. please. Madam City Attorney. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 9939, ADOPTER DECEMBER 20, 1984, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING THE APPROPRIATIONS FOR TWO PROJECTS ENTITLED: "ORANGE BOWL -- CONCRETE SLAB AND JOIST REPAIR" AND "ORANGE BOWL RECEPTION/PRESS INTERVIEW AREA" IN THE AMOUNTS OF $30,000 AND $50,000, RESPECTIVELY, FROM DADE COUNTY RESORT TAX REVENUES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner 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 Dawkins and seconded by Commissioner Plummer, 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: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10143. 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. CONTINUED DISCUSSION OF DESIGNATION OF CITY OF KAOHSIONG, TAIWAN, REPUBLIC OF CHINA (CONSENT AGENDA) - DESIGNATE COMMISSIONER J. L. PLUMMER AS THE CITY OF MIAMI'S LIAISON. Mr. Carollo: I have a brief question concerning agenda number item 52. Who are the people that are going to be organizing the Sister City Program between Taiwan and the United States here in Miami? Mr. Plummer: Commissioner Carollo, I sent out a memo indicating that the policy of this Commission was that whatever member of this Commission sponsored such a resolution, they had to be responsible, and I.have accepted that responsibility to be the Commission delegate to this group to organize. Mr. Carollo: Do we have any immediate future plans in making, any further arrangements with them, or...? Mr. Plummer: With this group? Yes, air, but what they are doing now, is putting together the organizing the committee of 15 local peoplh here, and 46 p�mbr i1,5 liVk,wise the some on tht c_her side, and at su_h tir„e as ther they have th'_s committee together, we would petition Washington for the charter, and there would be the exchange of charters, officially making the two cities sister cities. Hr. Carollo: I knew you would finally get together with Noguchi. Mr. Plummer: With who? Mr. Carollo: Noguchi. Mr. Plummer: No, Noguchi don't live here. Mrs. Kennedy: Don't mention his name. Mr. Carollo: That is for another item. 23. SECOND READING ORDINANCE: AMEND CODE ARTICLE I. SECTION 4-1 RE CONSUMPTION OF ALCOHOLIC BEVERAGES AT WATERFRONT SPECIALTY CENTERS. Mayor Suarez: Agenda item 55. Mr. Sergio Rodriguez: Item 55 is the second reading of an amendment to the code that will deal specifically with selling of alcoholic beverages in specialty centers. and second, in gasoline stations. The ordinance and regulations that control this in the City come from a time in which alcoholic beverages were sold only in certain areas of the City, which was basically downtown. The City code separated that into two different areas. downtown and the rest of the City. Within the different districts, we have distance requirements, and other requirements which control it. What we are trying to do with this, and this is the second reading again, is basically try to establish that in waterfront specialty centers, and we defined that very carefully. we allow. if this were to be passed today, that beer and liquor and i wine are sold on certain days and in different places through the special center without having to keep the distance requirements that would otherwise have to be followed by them within the center. a r Mr. Dawkins: Mr. Mayor, before we go any further. I have two things to clear j up, and I'll move it. Madam City Attorney, why is it that the law allows a church to move within 1,500 feet of a liquor store, but it does not allow the liquor store to move within 1,500 feet of the church? Why is that? Mks. Dougherty: It is the way the ordinance is written. It says that you may not establish a liquor store within 1,500 feet of an existing church. Mr. Dawkins: Yes, but now, there is something wrong if the church doesn't mind if the liquor store is there, sitting up 1,500 feet from it. The law is ambiguous, isn't it? Mrs. Dougherty: I suppose the theory is that if the church knows he liquor store is already there, then they have the option of not moving there. Also... Mr. Dawkins: All right, well, why can't the liquor store have the option? Mrs. Dougherty: Well, the liquor store, once it is established, you just can't say... Mr. Dawkins: No. no, I am saying that if we are going to give the church the option of moving next to the liquor store or not, then we should give the liquor store the option of moving before the church or not. Mrs. Dougherty: Well. that is up to you. Mr. Dawkins: All right, then draft awe something, and bring back, at the first meeting in September to make it mandatory that churches cannot move within 1,500_ feet of liquor stores, and liquors stores can't move 1,500 feet with churches. 47 ge►tes►ber 2l, 1gG Mr. Plummer: Oh, if you vote for that one, you are going to helll Mr. Dawkins: Well...1 (LAUGHTER) -< Mayor Suarez: He might do that anyhow! Mr. Dawkins: And the other one is... Mr. Plummer: And you are not going to hell soberl Mr. Dawkins: All right, on page one of the ordinance, delete for me amendment .Section 4-1. Mr. Plummer: What is 4-17 Mr. Rodriguez: Section 4-1 is to allow... eliminating the consumption of liquor - of beer and wine from filling stations, but allowing the sale. What we have now is... Mr. Plummer: Are you saying that they... Mr. Rodriguez: Let me back up. What we have now in the ordinance doesn't allow to sell liquor. I mean beer and wine, in filling stations. Mr. Plummer: They do it all day long. Mr. Rodriguez: Well, they keep on doing it, and the reason why they... Mr. Plummer: How do they get a license? Mr. Rodriguez: The reason why they keep on doing it, because there was at one point. directions from the Law Department, under George Knox, that there was a case in court, and because of that, we shouldn't enforce that portion of the ordinance, so this is happening now, and the law is not being will be enforced. What we tried to do with this was recognize that situation that we have now and limit the consumption in those places, saying you cannot consume any alcoholic beverages in filling stations, but allowing the sales. Mr. Plummer: So, in other words, I will guarantee you that you are going to hear from the Mothers Against Drunk Driving. Mr. Dawkins: Well, I am moving that we don't let them, allow them to sell it. that is my motion. If you delete this, then it goes back to not being able to sell it there. Now, I will hear from Amoco, they may take my card because I don't let them sell it in their little station. Mr. Plummer: They will fill it with Millerl Mrs. Kennedy: I'll drink to that. (LAUGHTER) Mr. Carollo: Miller Litel Mr. Dawkins: I so move with those two stipulations. Mrs. Dougherty: You went to leave it the way it is. Mr. Dawkins: No, Ma'am. like it is, yes, Ma'am. I mean, I want to delete this and it goes back to Mrs. Dougherty: So you want to leave it so that they may not sell any alcoholic beverages in gasoline stations. Mr. Dawkins: At gasoline stations. Mr. Rodriguez: Well... Mr. Dawkins: Go ahead. Mrs. Dougherty: He knows it is not being enforced, right? Mr. Plummer: Well, he is saying, enforce it. c �* Hr. Rodriguez: To make sure I understand, you don't want any sale or consumption? Mr. Dawkins: Sale or consumption. They can drink .some gasoline. Mr. Rodriguez: No sale or consumption at the filling station is what Commissioner Dawkins asks. Mr. Plummer: In other words, you are not going to be able to buy or consume beer at a filling station, that is what he is saying. Mrs. Dougherty: That is right. It has been declared unconstitutional. Mayor Suarez: What you are saying is, some court may have forced us to do that whether we want to or not. Mrs. Dougherty: What occurred is that sometime ago somebody challenged that provision and there is a State law that says "The only thing that the cities can do with respect to alcoholic beverages, is regulate the hours of operation." Now, obviously, we... Mr. Plummer: Oh, that's simple. That is simple. Then you should want to make a motion, Commissioner Dawkins, that it can only be sold from 4:00 a.m. to 5:00 a.m. Well, if that is what you are saying, that we have the right to regulate the hours, that will accomplish it. Does it say how long? I mean, can it be from 4:00 a.m. to 4:01 a.m.? Mr. Dawkins: Or, from 4:00 o'clock to 4:30 o'clock. Mr. Plummer: Is there that thing that you continuously remind us of, of being reasonable? Mrs. Dougherty: Yes, there is a concept of reasonableness in the ordinance. Anyway, let me continue on. Let me continue on, that... Mayor Suarez: I am sorry I... Mr. Dawkins: What is your professional advice Lucia? Mayor Suarez: We can pass it and we will worry later if it is enforceable or not. Mr. Plummer: Yes, let the Judge take the heat from the Mothers On Drunk Driving. Mayor Suarez: Right. Mrs. Dougherty: That's fine, Mayor Suarez: Call the roll. Ms. Hirai: It is an ordinance, sir. Mayor Suarez: Read the ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD. BY TITLE ONLY. Mrs. Dougherty: Let me just say one thing for the record, with respect to that. Obviously, the City can also enforce its zoning laws and that would be the defense that we would have to your ordinance. People can't establish a liquor store next to your home simply because the City can't enforce anything but the hours of operation, so, that is the defense we'll take to your ordinance. Mayor Suarez: OK. we need a motion and a second. Mr. Plummer: Moved. Mr. Dawkins: Second. 49 rj.. .. Mayor Suarez: Moved and seconded. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING CHAPTER 4 ALCOHOLIC BEVERAGES, ARTICLE I IN GENERAL, OF THE CODE OF THE CITY OF MIAMI, FLORIDA BY ADDING "OR CONSUMED" TO SECTION 4-1; AND BY ADDING A NEW PARAGRAPH TO SECTION 4-3 (a) WHICH DEFINES A WATERFRONT SPECIALTY CENTER; BY AMENDING PARAGRAPHS (2), (3) AND (5) OF SECTION 4-3 (c) TO PROVIDE AN EXCEPTION FOR SUNDAY SALES, AND ESTABLISH HOURS OF OPERATION FOR WATERFRONT SPECIALTY CENTERS; BY ADDING A NEW SUBSECTION (e) TO SECTION 4-14 TO PROVIDE AN EXCEPTION FROM DISTANCE REQUIREMENTS, LIMIT _ THE NUMBER OF ESTABLISHMENTS AND RESTRICT SIGNS, FOR AN IN WATERFRONT SPECIALTY CENTERS, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 24, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote- AYE;i: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy _ Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10144. The City Attorney read the ordinance into the public record and announced that copies wera available to the members of the City Commission and to the public. (COMMENT MADE AFTER ROLL CALL:) Mayor Suarez: She is certainly within the Chambers, because I can hear her. 24. BRIEF DISCUSSION ITEM: CITY ATTORNEY TO AMEND CITY CHARTER TO INVALIDATE NEED FOR ROLL CALL ON UNANIMOUS VOTES. Mr. Plummer: Let me ask a question Mr. Mayor, try to help us along. Madam City Attorney. I noticed, on cable T.V., I watched the Metro Commission, they have a policy where the Mayor makes an announcement, unanimous vote, and I understand our charter doesn't allow that, it has to be a roll call. a Mrs. Dougherty: Yes, sir. i Mr. Plummer: God knows it would be a lot quicker if there was unanimous consent, that the Mayor could just go through it like that! Do we have to change the charter, or what would we have to do to give the Mayor that ability to say. "Unanimous vote, it is approved," without our going through a roll call every tine? Mayor Suarez: Can we do it by ordinance? Mrs. Dougherty; No, you would have to change the charter. Mr. Plummer: You have got to change the charter? My! Well, I:triod, I'-m sorry. M:a. Dougherty: ty the way, this might be an e-,propr'iate tame to tell you that there are many charter amendments that we, the Law Department, are going to be proposing, ,as a result of the charter amendments we made before, some of the provisions, because it was not substantive, but at the same time they went to the voters, some of the provisions that were archaic were again voted in by referendum. a year ago in 1984, in November, so, things like the City Attorney has to sign every bond, referendum for every franchise, those kinds of technical kinds of amendments... Mr. Plummer: Well, could this be... Mrs. Dougherty: Yes, we are going to include that. We will include that in with it. Mr. Plummer: Because it is sure a lot quicker. 25. BRIEF DISCUSSION ITEM: RECENT FAILURE OF THE SEPT. 2. 1986 REFERENDUM QUESTION. Mayor Suarez: Well, you just reminded me, what is the story on the refinancing of the bonds and the referendum question that was not approved by the voters? Are we going to be able to sell those within the constraints that we now have, or should we try to act today to try to see if we can get it on the ballot again in November. and hopefully this time explain it to the public so it will pass. It only lost by one or two percent. Mrs. Dougherty: My understanding is, we are going to try to sell them as they presently... Mayor Suarez: How does it look, are we going to be able to make it? What does it have to be, less than 7.5 percent? Mr. Plummer: Under the provision. All right. Mrs. Kennedy: What are the chances, you think, of passing? Mr. Plummer: You mean of selling. Mrs. Kennedy: Of selling. Mrs. Dougherty: We are going to try to get a private negotiated sale. Mrs. Kennedy: Well, do you think it has a chance? Mrs. Dougherty: That is what my understanding is, right nov, they are attempting to do that. Mr. Plummer: What's your alternative? Mrs. Kennedy: Putting it back in November. Mayor Suarez: Putting it back on the ballot for November, this 'time;_ explaining... yes. Mrs. Kennedy: And then really campaign for it. Mayor Suarez: It barely lost, and people didn't know what it was about. Mrs. Kennedy: People usually vote no when they don't understand. Mrs. Dougherty: Carlos Garcia says he is hoping to get it at seven. Mayor Suarez: Herb, how does it look out there? Mr. Herb Bailey: We are going to try to refund those bonds, Mr. Mayor. We think that the tax rate climate at the moment will permit us to go back and get a lower rate. In fact, we are going to sell then, and try to came in ioith the current rate that is substantially less than 10 percent right now. I think it is about eight and- one-half percent. 51 Septembo.r: 11 r 1 b; Mayor'Suarez: I thought we were constraint] to less than s-ven and one-half? Mr. Plummer: We are. Mr. Bailey: Well. we think we can come in now and try to come in somewhere around seven, or six point five, whateverl Mayor Suarez: But that is what you told me, or I don't mean you specifically, the City told me right after the vote. Mr. Bailey: Well. you know, the market... Mayor Suarez: That was seven or eight days ago. When are we going to do it? Mr. Bailey: We are trying to get it on the agenda for the next Commission meeting. We are talking with our financial advisors now about what the possible rate might be, and what we can come in at... Mayor Suarez: If we couldn't do it on the 25th, would we still have enough time to put it on the ballot in November? You told me it was 45 days, right. Lucia? Mr. Plummer: Lucia? Mr. Eads: It takes 45 days to put it on the ballot. Mrs. Dougherty: 45 days. Mr. Plummer: But. have we got time? Mrs. Dougherty: Yes. we do have time to put it back on. Mr. Plummer: Well, you better have... Mr. Bailey: The market is adjusting itself daily. I believe that we will be able to come in at a rate below the seven and one/half percent. - Mayor Suarez: Do you need a resolution from us on the 25th accepting the bid of the underwriters, is that what you are saying? Can you begin to negotiate it before then? Mr. Bailey: We can't do the negotiation, but we can start preparing the documents, and hopefully, that we can get to market at a rate... if the market looks like we can hit at a favorable rate, then we will come back to you and ask you to do that. Mr. Plummer: Who are the underwriters? Mr. Bailey: We don't have an underwriter. We are just using our financial advisors. J. J. Lowrey. We have not selected an underwriter. Mr. Plummer: Since you brought that up... Mr. Bailey: And it will probably be a negotiated bid. We think. Prudential Bache. which has been very favorable in the past. will probably come in and give us a lower rate. Mr. Plummer: Mr. Mayor... Mayor Suarez: I am confused. Go ahead, Commissioner. I don't know if we need Commission action. or not, and if we do. can't we take it now? Mr. Plummer: An ordinance has to be advertised. Mr. Bailey: I don't think... we are not prepared to. We don't have the documents ready. Mayor Suarez: If you need a. Commission resolution to the effect that you can go out and sell them within the constraints that are already built into our... Mr. Bailey: You can p&sg r, motion. ' 52 S x a lit Mayor Suarez: Let we ask the City Attorney. Does it help for us to pass a resolution telling you to go out and try to find underwriters that will take the bonds and will refinance them within the 7.5 percent maximum? Mrs. Dougherty: No. Mayor Suarez: We don't need that? Mrs. Dougherty: No, we are going to bring back the documents to you and we are doing that in the meantime. Mayor Suarez: So you are looking for... Mr. Bailey: Oh, yes, we are looking, we are working on it now. We are not..s yes. we are working on it now, we are not just... Mayor Suarez: We are caning up on the deadline, you know, for time to put it on the November ballot. Mr. Eads: The inference is Mr. Mayor, and we understand. We will do everything that we can between now and the 25th to make sure whatever action needs to be taken by the Commission can and will be taken on 25th. Mr. Plummer: Well, what he is saying is, be prepared to go both ways. Mr. Eads: Understand that. Mr. Bailey: Oh, yes, we understand that. 26. BRIEF DISCUSSION ITEM: FUTURE PLANS TO REFINANCE CITY OF MIAMI CONVENTION CENTER BONDS. All right. let me bring up another issue, Mr. Mayor, since you brought that up. I am advised by the members of the advisory committee for the Knight Center, as to why the City has not instigated action to re-sellthe bonds on the Knight Center as it is lower interest, with the inference that almost $2,000,000 could be saved. and I have not heard anything from the Administration about refinancing those bonds, which I understand are about S26,000,000, and the inference is that if we did re -sell them at the low rates that they are today, that this City could save near $1.000,000, and I am wondering why the City hasn't made any overtures to this Commission. Mr. Bailey: Commissioner, I would have to look at the restrictions on the bond sale agreement to see. Mr. Plummer: Well. when you come back and report to the Mayor on this other, would you also bring a report back on that? Mr. Bailey: Yes, we will look at it. Mr. Plummer: If we can save $1,000,000. you know, s $1,000,000 here S1,000,000 there, and we will have lunch moneyl Mr. Bailey: Greatl All right. Mayor Suarez: Thank you, Herb. F 27. (A) SECOND READING ORDINANCE: AMEND SECTION 1 OF 10112 - APPROPRIATE $2.030.000 FOR NEW TRUST AND AGENCY FUND: C.D. BLOCK GRANT (TWELFTH YEAR) (B) DIRECT ADMINISTRATION TO IDENTIFY $32,000 TO FUND OYERTOWN CULTURAL. CENTER. Mayor Suarez: Item 56. This is just the appropriation of the additional community development block grant funds? Mr. Castaneda: Right, this is just the second reading, that is all. Mayor Suarez: Second reading, as previously allocated and apportioned by this Commission, after much debate. Mr. Plummer: What bank are those monies being held in? Mr. Castaneda: No bank, they are held in a letter of credit in Washington. Mr. Plummer: You draw against? Mr. Castaneda: Right, it expressly prohibits us from drawing the money for expenses. Mayor Suarez: OK, second reading of the ordinance? Mr. Dawkins: OK. just a minute. Before that, Mrs. Adker, will you come up here? Mr. Castaneda, Mrs. Adker has informed me that the ..0 whatever that grant was that we had for arts. and... Mr. Castaneda: Tacolcy Arts Program have been upgraded from Gibson Park. Mr. Dawkins: That has been eliminated? Mr. Castaneda: Right. Mr. Dawkins: The lady that was employed there, Ms. Sharon, whatever her name, she has been eliminated? Mr. Castaneda: I do not know that. That program is run by the Parks Department, and it is a parks operation program. Ms. Ann Marie Adker: Correction, sir. Mr. Dawkins: Go ahead, Mrs. Adker. Ms. Adker: The Overtown Cultural Arts Program has always been allocated funds from Community Development Block Grant, and, but, we -have always asked that the City of Miami administer those funds. The last department to administer those funds were Parks and Recreation. You see. I am frustrated at this point. because I know the Community Development Advisory Board allocated the funds. $26.740, and it was approved by the Mayor and the Commissioners, and I don't understand if the allocation was approved, then, how could the director of..6 you know. Mr. Dawkins: slow much was that funded for last year, Mr. Castaneda? Mr. Castaneda: I believe that it was funded at the tune of $32,000. Mr. Dawkins: $32.000? Mr. Castaneda: Right. Basically... Mr. Dawkins: OK. all right. No. Adker: S31.000, S31.000. Mr. Dawkins: Well,, OK, then. } :r, t 3 Mr. Casteneda: Let r..- refresh the Vayvi and Cor-nis5�:.:ers. Wtit ti—ppene' was, that... Mr. Dawkins: I don't care what happened. I know what happened. We ran out of money. I don't have any problem with that, OK? but, I am going to help us find some. Kook, I understand. We went... you didn't do it, we did. You came up and told us you had "X" dollars, and you had a request for three "X". Where are we going to put the one "X", and what two "X" we are not going to give, right? Mr. Casteneda: Right. Mr. Dawkins: OK, now, since that time, some money was found. How much money was found? It came in from somewhere, from the Federal government, or someplace. Ms. Adker: $2,000.000 something, wasn't it? Mr. Castanede: Right, but that money was allocated in the July meeting. Ms. Adker: Yes. but the thing that has me upset, was that nobody ever gave me the opportunity to ask for any money for my cultural arts program. They just took the liberty to just abolish it. Mr. Dawkins: OK, let's see between now and the meeting in September if you and I can't get together with the Manager and someone and see if we can identify $32,000 for that program over there, and then, I will get back to you, Mrs. Adker., as quickly as I can, as quickly as the money is identified, and we put the program back. Ms. Adker: I really appreciate that, because I just don't understand what the City of Miami is doing to my community as a whole. Mr. Dawkins: All right, yes. Ma'am. Mayor Suarez: OK, do we have a motion on this item? Joanne, were you going Mr. Joanne Holshouser: Yes, one of the things that was to come out of that was. Mrs. Adker has gone twice representing Overtown and the City of Miami to the International Festivals Association conferences. As a part of that, she is half way through her training, partway through her training with Purdue University, to be probably the first Black woman in the country to be certified as a festival executive. Cutting off these funds left us with all our plans made; only because they know her, are they holding the reservation for her. Is there any way that we could get approval on these. so that she could represent us in London the first eight days of October? Today is the last day for the Pan Am air fare. We have no time with this. Mayor Suarez: We have gone through a convoluted process to get to where we are, which included the Community Development Advisory Committee, and then the City Commission, a total of four hearings, plus the workshop, so at this stage, I don't know what we can do, other than look for,. you know, voluntary contributions. which I have a feeling we could get. Ms. Holshouser: There is no way that I know of to get them in the next four hours. My point is this, having given Community Development the authority, as a neighborhood group... Mayor Suarez: You are saying we have four hours to act on this? Ms. Holshouser: For Pan American. we do, but I have been working on this for two months, now. I have talked to the aides of every Commissioner except Commissioner Plummer. Mayor Suarez: How much is the figure. how much... Ms. Holshouser: Twenty two, thirty three. Mayor Suarez: I have a feeling we can at least... 55 September 11. Mr. Eads: Mr. Mayor, if getting a delay from Pan American will help, I think ve can probably work on that, if you want to go out and seek prive'_e funds. Ms. Holshouser: Well, there is just a matter of the hotel land package they are only holding because they know us. Mayor Suarez: Joanne, a Commissioner has said that has asked the City to identify the funds, so we can fund the entire program, and you know, we are going to try to do that, but in the meantime, we will also try to solve the problem of the air fare, but you know, within four hours, that's... on a process like this, that has taken four months, I mean, that's... Ms. Holshouser: I understand, sir, but I have been working on this for two months, and the money was there. Had the check been written, had we asked to write the check for this before the program was wiped out, it would be paid for already. had any of us known the program was going to be wiped out. Mr. Dawkins: When was the program wiped out? Mr. Castaneda: I would assume that the program would be wiped out on October 1st, not yet right? Ms. Holshouser: Wait, no, no. (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: This is an existing program, it has a fiscal year ending October 1, like any other. Ms. Holshouser: But, there is no more money in it, is what they told us, as of last month. Mayor Suarez: That is why he is saying it would be wiped out, and that is why the Commissioner said for the next meeting in September, we are going to try to find monies from places other than the Community Development Block Grant. Ms. Holshouser: It camp from the Cultural Affairs Program, which existed, until it was wiped out with as fiat without ever consulting the Overtown Advisory Board. Mayor Suarez: I presume that the reason you are addressing this particular item on the agenda is that the monies came from Community Development. Ms. Holshouser: Yes. to the Cultural Arts Program, which was wiped out by the Administration with no warning to the people who were on the board. Mayor Suarez: Oh. plenty of warning, plenty of warning. We went through that entire process that I just described, and Ann Marie was present for it. Ms. Holshouser: No. no, no. sirl (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: The Community Development Block Grant allocations were done in a total of four hearings, one workshop, and you were present at most of the hearings. Ms. Adker: That is right, but my program was allocated, it came from $31,000 to $26,740. Mr. Castaneda: And it was funded under... Ms. Adker: No way was it ever said that that program would not be funded. Ms. Holshouser: That is it. Ms. Adker: It had... Mayor Suarez: Is she saying that the recommendation was for S27,000? Mayor Suarez: Wait, wait, Ann Marie, please. Mr. Castaneda: As the Commission will recall, we gave the Commission a number of alternatives. This program was funded last year as a social service program under the Community Development Block Grant. Cultural Arts Program did not meet the criteria of the Commission for funding because the priority was food, medical, and related beverages. Cultural arts did not fit in that category and that is why it was not funded. Mr. Plummer: Right, it was recommended. No, as I understand it, it was recommended in the beginning, until the Commission changed the policy, and as such time as the Commission changed the policy, it did not fit a category, and it was eliminated, as many others were. Fifteen other programs were eliminated. Ms. Adker: (INAUDIBLE)... that was the best kept secret. I thought I tried a lot, because, you remember, I was here the day of the public hearing for the $1,000.000, and my program was nowhere on the list, and when I looked at all the food.... Mayor Suarez: That is the problem. Ms. Adker: ....All the food, day care, and the senior citizens, programs, where they are going, I definitely would have gotten, had I known... Mayor Suarez: OK, we understand that the process is a little complex sometimes. Ms. Adker: Yes, I don't like that at all! Mayor Suarez: You were here for other items too, that you were fighting for, and you did pretty well on them. Ms. Adker: That is rightt I don't like it. Mayor Suarez: OK, we have got a sort of an adjunct motion by the Commissioner, to send it back to the City staff for a recommendation to find as much as that money as possible, and get back by September 25th, and in the meantime, we will try to work on the air fare, too. Ms. Holshouser: Well, if I could just comment on one thing. It seems pretty poor to me, that the City of Miami is spending money for consultants to publicize Overtown. We are spending money for other programs in Overtown, and it seems rather 'a shame that we cannot send a person to represent Overtown, and again I repeat, from a minority, ethnic group, to represent us in an international organization. D.D.A. can find money in their budget to send a representative to this conference. Would it not be appropriate for you to somehow find a way a send a minority representative from Overtown? Mr. Plummer: No, I've got a better idea. Let's put it in the D.D.A. budget. Ms. Holshouser: Well, I don't know you will get the D.D.A. to send her. Mr. Plummer: No. no, I am saying that... how much is the cost? Ms. Holshouser: $2,233. Mr. Plummer: $2,233. Where is the convention? Ms. Holshouser: In London. Mr. Plummer: In London? Ms. Holshouser: Yes. Next year it will be in E1 Paso, the year after that, in Quebec. Mr. Plummer: Well, why don't we just modify the D.D.A. budget to include that amount so that it can be joined together - rather than independent you are going, you go together. Ms. Holshouser: I don't know what you mean by going together. 57 Saptember 11, 190 Mr. Plummer: In other words, we will fund it out of the D.D.A. budget. Ms. Holshouser: I don't care where you fund it from, and I don't want to interfere with D.D.A. Mayor Suarez: Well, that's... we know that, and we don't need to discuss, you know, that issue. He is giving you an idea that is very interesting. On Friday, as it turns out, we have a D.A.A. meeting, I believe it is Friday, and that is tomorrow, isn't it? That is at 2:00 o'clock. Come and make a presentation. I am the Chairman of D.D.A., we will make a proposal on that. Maybe we can get it funded tomorrow, and then the Commission will have to approve it. Mr. Plummer: There you go. Ms. Holshouser: This is with the understanding that the Pan Am air fare jumps as of 5:00 o'clock this afternoon. It will no longer be $2,233. Mayor Suarez: Joanne, you have said enough on that issue. We have gone around and around. We will do the best we can. OK, we have a motion to accept item 56, I believe, with the proviso that the staff look for funding from other sources to try to cover the Cultural Arts Program, Overtown. Ms. Hirai: Commissioner Dawkins moved it. I need a second, Mr. Mayor. Mrs. Kennedy: I second. AN ORDINANCE AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10112 ADOPTED JUNE 12, 1986, BY APPROPRIATING THE ADDITIONAL SUM OF $2,030,000 FOR THE EXECUTION OF A NEW TRUST AND AGENCY FUND ENTITLED COMMUNITY DEVELOPMENT BLOCK GRANT (TWELFTH YEAR), CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 24, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Kennedy, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ;s ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10145. r. 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. 58 SBpta,1!)x@X 11. 1;+ 7777, 1 28. FIRST READING ORDINANCE: AMEND SECTION 2-309 TO CITY CHAPTER 2 "FINANCIAL DISCLOSURE" n INCLUDE ALL UNCLASSIFIED EMPLOYEES. Mayor Suarez: Item 57. Mr. Plummer: You moved it before, Suarez. Mayor Suarez% This is the financial disclosure ordinance with all the amendments that was proposed, incorporated, as I noted. Mr. Plummer: Commissioners Carollo and Dawkins, I think they better be in here, because it affects each one of them. Mrs. Dougherty: Yes, it includes all City employees that are presently covered under the financial disclosure laws of the State and the County. It includes ... Mr. Plummer: No. my understanding... no, excuse me... Mayor Suarez: I thought it was only the Commission. Mr. Plummer: No. no, it was all unclassified positions. as I understand it. Mrs. Kennedy: Right. Mrs. Dougherty: Well, it does not include all unclassified positions. Mr. Plummer: I understand. Mrs. Dougherty% That would include all secretaries. That would include secretaries who are presently not included in there. Mr. Plummer: It includes all unclassified employees, as I recall. Mrs. Dougherty: My understanding was, it was the ones... well, we didn't write it that way. We can obviously do that, if that is what you want. We included only those people who are presently covered under the financial disclosure ordinances of the County and State laws, which would be all department heads. All board members except for the ones who are not Mr. Plummer: I see nothing wrong for all unclassified employees to file such a report. I see nothing wrong with that. Mrs. Kennedy: I think it was Commissioner Carollo who spoke on behalf of that, and Joe, do you want to come over here? Mr. Plummer: Joe? Mrs. Kennedy: Over here, the financial disclosure a endment. Mr. Plummer: That what we are on now. My understanding was at the last meeting that it was all unclassified employees. Was that your understanding? Mr. Carollo: As far as unclassified employees? Mr. Plummer: Who discloses? Mr. Carollo: Unclassified employees. Mr. Plummer: Yes, OK. Mrs. Dougherty: That will require an amendment, Commissioner Carollo. We had put in all employees that are presently covered by the Dade County, or State laws, which would all department heads. but would not include the secretaries, for example, that are unclassified. 59 $eutesmber lla 14,86 `Mr. Carollo: Well, I don't think, J. L., that we want to bring it as for down as, you know, secretaries that make $15.000 a year. Mr. Plummer: Joe, there is no secretary that makes $15,000... no, in other words, where my concern was... Mr. Carollo: Well, if there aren't then we should have some that make $15,000 a year. Mr. Plummer: All right... I don't disagree with that. Mayor Suarez: Well, the Manager's staff, and I think the City Commissioner's staff and the Mayor's staff... Mr. Plummer: Well, and you know, it would go down, Mr. Mayor, down to the rank of major in the Police Department, for example. They are unclassified, and I see nothing wrong with having all of them, I mean, you know, if we are going to be honest and above board, I see nothing wrong with going all unclassified. Mr. Carollo: I have no problems with it. In fact, you know, if you want to include it for every employee in the City, I have no problems with it, either. Well, you know... Mr. Plummer: I think that is unconstitutional. Mrs. Dougherty: That will require a first reading, that is really a substantial change, so I will change that, and make it a first reading. Mr. Carollo: Yes, the other thing that I think we overlooked, in the ordinance, we specified that we would follow the guidelines of the State, where insofar as anyone that owns property... rather, owns stock, ten percent or more, should report, the way the ordinance was worded, it says "anyone that owns any stock in any company," if you want to make it like that, it is fine, but before we had said that we would use that 10 percent guideline with the State. Mr. Plummer: 57. Mrs. Dougherty: Well, the way it is written, is that any asset over $5,000, including household goods, that is the first thing. Mr. Carollo: I am talking about in page number 2. (C), "Any elected official who is a partner in a law firm or a stockholder in a professional association must disclose the name of any client whose representation results in a contribution over ten percent." The way the State law is written right now is that any official who owns ten percent or more of the stock of "X" company, has to report... Mrs. Dougherty: OK, you just want to change, "ten percent or more." Mr. Carollo: Well, if we want to do it that way, to follow State guidelines as we said before, if the majority of the Commission wants to leave it like that, it is fine, I have no problems with it, and it would not affect me either way. Mrs. Dougherty: OK, I have to amend the ordinance anyway, so I will just amend it. Mr. Carollo: The other point is that, you know this really becomes an area of cat and mouse, of trying to find out. The easiest way to play games, which is what we are trying to avoid in this ordinance, I would hope, is by going by those loopholes that you have, and one of the areas that we talked about the last time, was that. in as far as a partner in a law firm, that they would report the same way as we followed in the guidelines with the State. The other item that we did not include in here was that any elected official who is a partner in a law firm, that is fine, but, what we did include here was the gross income to the law firm, but not necessarily the income straight to that individual, because that individual might have one of those strange contracts where he could also have direct clients himself, and if that is the rase. we should include that reporting on the individual that works for the law firer. 60 September 11, 1986 t Mrs. Dougherty: We'll do it. Mr. Plummer: Are we going to pass this on second reading? Mrs. Dougherty: This will be on first reading, not for these changes, but for the all unclassified positions. That is a substantial change. Mr. Plummer: Now, let me ask you again. This would be in effect in 1987. You would report in '87 for '86. is that correct? Mrs. Dougherty: Yes, that is correct. Mr. Plummer: And what is the deadline for that? Mrs. Dougherty: July 1. Mr. Plummer: July 1, of '87, each one of us sitting would have to file'& report for '86? Mrs. Dougherty: Correct. Mr. Plummer: OK, I just wanted to make sure. And also, I want to... Mayor Suarez: And if it is a financial statement, it would be the financial statement of the year end December 31, 1986. Mr. Plummer: Right. Mrs. Dougherty: Correct. Mr. Plummer: Income tax. Mayor Suarez: Well, I mean, if it was a financial statement, which is the alternative to the income tax. Mr. Plummer: Oh, yes, sure. It is for the fiscal year '86, rather than•for the City year. Mrs. Dougherty: Correct. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Plummer: So moved. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll."`' AN ORDINANCE ENTITLED - AN ORDINANCE ADDING 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 SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote- . 61 $eptaobar ll, I$6' 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. 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. 29. DISCUSSION AND DEFERRAL OF PROPOSED ORDINANCE TO ESTABLISH RATES AT CERTAIN ON -STREET PARKING METERS AND OFF-STREET LOTS, ETC. Mayor Suarez: Agenda item 58, the Off -Street Parking. Mr. Plummer: Mr. Carlton, welcome home! Mr. Carlton, you stood before this Commission a short while back and made a statement that our people say that we misunderstood; and that statement that you made to us was, that the municipal parking garage, or parking garage at the Knight Center, was this year for the first time, breaking even. Mr. Roger Carlton: Commissioner, my name is Roger Carlton, Director of Off - Street Parking. The statement was, that in the budget that you approved for the fiscal year '86-'87... Mr. Plummer: Right. z Mr. Carlton: ...that for the first time, the World Trade Center, including debt service would break even. Apparently... u Mr. Plummer: Well, Mr. Carlton, my people in the City tell me that you are $800,000 wrong. Mr. Carlton: Commissioner, we have had an ongoing debate, and I will tell you what the nature is, and we are preparing a report, and we are meeting with Cesar. The bottom line is that we incorporate in the calculation of. break even, the air rights revenue from the office tower, and the retail rights revenue from the ground floor, because without the garage, neither one of those would exist, so if those two numbers alone are some $450,000 of that difference, the balance of the difference I don't understand, and we will meet with Cesar and we will get to the bottom of that and have a full report to you that we both agree with. Mr. Plummer: OK, you are aware that in the Convention Center budget, there is $800,000 for that parking garage. Mr. Carlton: Sir, as I said, I was not at the hearing when this came up. I do not understand that. Mr. Plummer: We don't either. Mr. Carlton: We are there to serve, and we are going to get to the bottom of it, and give you a report. Mr. Plummer: OK, because I want to tell you, I am not passing your budget or the... Mr. Dawkins: You already passed his budget. Mr. Plummer: No, I haven'tl No, no budgets have been passed, my colleague. Mr. Dawkins: Didn't we pass your budget? 62 September 11, 1906 j „� i tl �.. • Mr. Plummer: No, sir. All budgets are subject to public hearings and a final vote. We are talking About $350,000 difference, and I want to know where it is. The Administration says you are wrong, you say the Administration is wrong. end all. I know is, we have got a mysterious $350,000. Mr. Carlton: Nay I address the question for a second? Mr. Plummer: Please, that is what I asked you to do from the beginning. Mayor Suarez: passed the budget. Mr. Plummer: No, I don't think any budgets are passed, Mr. Mayor, until such time as the final public hearing... Mrs. Dougherty: We did, we had the hearings. Mayor Suarez: Well, for independent... or semi independent authorities... in that particular case, he had made a presentation. I believe we had approved the budget. We put some rather strict constraints on spending of any profits, if you want to call them profits. I Mr. Carlton: You did approve our budget at a public hearing. What is before you today is second reading of our rate ordinance, which is part of the process. Mr. Plummer: Oh, I understand this is different, but I just took this opportunity to ask about that, since you were not present. Mr. Carlton: The question, sir, I hope that nobody... Mr. Dawkins: He said that you did pass his budget, I Mr. Plummer: No, no, if it is, I stand corrected. Mr. Carlton: The bottom line is that it is a matter of accounting, and to which side of the two sides you put the expenses and the revenues, the Knight. Center side, or the garage side is one fund. We will meet with Cesar, we will get to the bottom of that, we will get something that we both agree with, and you will have a full report. - Mr. Odio: That sounds good. What about the break even? Are we breaking even? } Mayor Suarez: Counting the income from all the sources, and expenditures related to the parking facility, are we likely to break even as you told us, or is it more like a few hundred thousand dollar loss, as we were told at the budget workshops? Mr. Carlton: I stand by on the record the budget that you were submitted. I want to have an understanding. The bottom line is that you have got expenses to operate the garage, you have revenues that come in from the garage.. Mayor Suarez: You have got the air rights, you have got the concessions, or t. the retail. 5°. Mr. Carlton: And you have got debt service. When you put that equation together, we believe it breaks even, but I don't think this is the place to argue about it. Mayor Suarez: Well. have you changed that believe from the last time that we talked? That was a concern expressed by the Commission, when we all of a sudden saw that it was off by about $300.000, that is all. Mr. Carlton: I have not changed the belief, but I have enough respect for Cesar that I am going to sit down with him and hash it out and get you something that we both agree on, and if I am wrong... Mayor Suarez: I mean, there is no indication, since the last time we talked that we are going to have more of a loss, or a loss at all? You still think you will break even on that? Y Mr. Carlton: That is right. if I am wrong, I will apologize to you publicly. 7 63 Septombor 11. 19$0 Z ,1 Mayor Suarez: It is just a projection, I mean. it is not a matter of being wrong or right. Mr. Odio: And write a checkl Mr. Carlton: And write a checkl (LAUGHTER) Mr. Odio: And he writes a check for the difference. Mayor Suarez: To the matter at hand, why should we increase the rates? I mean, other than the fact that the chairman of the Latin Chamber of Commerce writes a letter saying that he agrees with your proposal to increase the rates? Mr. Carlton: Let me try to summarize the rate increase. First of all, there is no rate increase for the garages. They are as they are. The rate increase that is before you is for the meters. There are a total of 6,800 meters in the City. We bring before you a rate adjustment for 836 of them, which is 12 percent. On a dollar basis, that is only three percent of the revenue. The meters that we bring you for adjustment are there, because the neighborhood conditions around those meters have changed, and there is a need to convert those meters from a rate which encourages long term parking to a rate which encourages short term parking. Let me give you an example of that. This is a chart, and I know you can't see the streets, so I will give you a graphic description. This is a chart of the downtown area, and where the rate adjustments are. This is... the yellow area is what is considered to be the retail area around Flagler Street, and none of the meters around there are changing. These are meters on the northern fringe of town. where new buildings have come in. or are under construction. They may have been 25 cent an hour meters, and now they are going up to 40 or 50 cents, which is a rate which will be in place for three to five years, which is encouraging people to come into the garages, including the City's garage, if they want to park long term, but if they want to park short term, they will go to the meters. That is the only type of rate adjustment in meters that is before you. We are looking at three percent of meter revenue. On the surface lots, we are looking... Mayor Suarez: What page of the ordinance is that? Mr. Carlton: It's spread throughout. The ordinance is by neighborhoods. I could give you some... Mayor Suarez: Yes, but, you were just pointing to a neighborhood. so what page of the ordinance is it, if it is by neighborhoods, I want to see. (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: The ordinance is by neighborhoods too, now we have a whole different organizational neighborhoods now, than the one you have got in the ordinance. Mr. Carlton: In the ordinance, it is... Mayor Suarez: You are looking at the central business district, right? Mr. Carlton: ..o central business district, the first page,.* page two of the ordinance, and just... the crossed through is the old rate, the underlined,is the proposed rates, and those are the same neighborhoods as I showed you on the chart. They are the outer ends of town, downtown, where new buildings are coming in, and parking and traffic patterns are changing dramatically. Mayor Suarez: Let me just ask a question. Now, if it is 60 cents per hour, how do you put coins corresponding to 60 cents, if you want an hour? What kind of coins do you expect to put in there, and what... Mr. Carlton: You put in two quarters and a dime. Mayor Suarez: And hov much do you get for a quarter? Mr. Carlton: In this case, if it is 60 cents now, it is a penny a minute,:*9 you gat 25 minutes per quarter. 64 September Mayor Suarez: The other concern that people have expressed is you have got to standardize the coins that are put in the machines. You can't you know, have quarters, dimes, nickels, and... Mr. Plummer: Well, that is only half the thing. I went yesterday over to the Municipal Justice Building, OK?... and it is 75 cents an hour. Now, just how many people walk around with a pocket full of quarters? It is ridiculous, Roger. Mr. Carlton: Commissioner, we have a lot there with an attendant, if they cannot... Mr. Plummer: Oh, have you been in that lot? I beg you to drive in that lot. That think was laid out by a drunk man who didn't know how to get in, and you have got extra revenue because of the time on my ticket trying to figure out how the hell to get outl Mayor Suarez: You don't want to encourage people who might otherwise park in a parking meter to have to into a lot. Why would you want to do that? Mr. Plummer: Well, the encouragement is, that people don't walk around with handfuls of quartersl Mrs. Kennedy: Right, that is the problem. Mayor Suarez: And that is not an objective of this Commissionl I mean, if that is an objective of your Authority, that goes counter, at least from what I hear. Mr. Carlton: Commissioner. Mayor Suarez: It is not a revenue raising entity. It is an entity that is supposed to make available for people parking the easiest possible wayl And that includes parking at an empty parking meter without having to carry tons of quarters. Mr. Plummer: Well, let me tell you something, and the first time I get a ticket, I am going to be at his Commission, and I am going to raise some hell. Roger, in the last 30 days of meters that I have gone to, and I know it is vandalism, and it is intentional, especially along S.W. 8th Street, you cannot put money in the meter. They have gone along with napkins and stuffed with some kind of screwdriver, or a knife, so that you cannot put a coin in that thing, and buddy, I am telling you, as I told you before, the first time I try to put money in that thing, and I get a ticket. I am going to be all over you. Mr. Carlton: Assuming that we wrote the ticket, and not the Police Department. Mr. Plummer: Whoever it is. I am going to be all over, because, Roger, I -am going to give you a ventured guess. Half the meters have been stuffed with paper. Mr. Carlton: Commissioner, we are having that problem. My enforcement officers are instructed, when that has occurred, until we get out to fix it, that we do not write tickets. Mr. Plummer: In other words, when they are going to write a ticket, they get off their vehicle, and they get up to that meter and see whether or not it has been stuffed? Mr. Carlton: They have to, to look at the meter to write the ticket. Mr. Plummer: OK, I'll hold you to that. No, they don't. Normally, they don't get off their vehicle. They are fastl Mr. Carlton: If you find one, please tell me, but their instructions are very clear not to write tickets in that situation. Mayor Suarez: You have got to be a mathematician then, to handle some of these parking meters. Now, if you get 75 cents per hour, as some of these indicate, how many minutes do you get for a quarter? And I know off the top of your head, you know some people can do that, but not everyone can do that, 65 Septembor 11, 1986 C.- Mr. Carlton: If it is 75 cents per hour, it's twenty minutes. Mayor Suarez: It works out to 20 minutes, I presume, but is there any simpler way you can structure these so people don't have to rack their brains, you know what I mean? Mr. Carlton: The way that we are thinking about them, we are going to try to do... is there is a little piece of paper inside the dome of the meter, where we could put a notice that would tell people exactly how much they got per quarter, per whatever, so it is simple for them. We are investigating that. I think your concern is a valid one, and we want to try to solve that problem that way. Mrs. Kennedy: I guess what we are saying, Roger, is you know, we don't like parking meters, but I understand that you have to have parking meters to serve a function, otherwise, people will just park outside of a store all day long, but help us make it easier. Mr. Plummer: Well, there is another factor in the plus item that has to be said, you know, and that is that the meters are pledged to the bonds to build the parking structures, and that is very important, and I understand that. Now, the question is, do you have to pledge more than they have in the past, and because of the debt service is not going up, so you know, how much above revenue are you going, but I understand that the meters are pledged. For example, you cannot touch the meters on Biscayne Boulevard. That is written into concrete, steel and asphalt, whatever it is. Mr. Carlton: The Colonel watches over. Mr. Plummer: Yes, he still is looking down and smiling! Mayor Suarez: The ghost. Now, how many... just to see if you knot: off the top of your head, and I doubt that you do... how many different per hour charges do you have under the proposed fee structure here? I've counted them for myself. How many different rates per hour do you have? Mr. Carlton: Throughout our whole system, or just... Mayor Suarez: Well, just in the ordinance that you are proposing for us to pass today. Mr. Carlton: I would venture that we have about ten different rates. Mayor Suarez: Now, we have talked about this, Roger. We have talked about standardizing the system, standardizing the coins, going to credit cards, doing whatever, so that you don't have the problem that Commissioner Plummer is talking about, where people are carrying quarters in their pockets, which they typically don't do, or if they carry them in their car, like I do, kids steal them... well, they don't steal them, they take them and they use them, my kids... I mean there has got to be a system that makes this whole process easier for people to do it, without getting all kinds of traffic tickets, parking tickets. Mr. Carlton: We are totally sympathetic to that. The difficulty is... Mayor Suarez: But, you are not standardizing, you have got ten different rates, you just told me. You need a mathematician to figure out how many coins to put in there. Mr. Carlton: I think the question of standardization is one not of city-wide, but within a given neighborhood. You wouldn't want, for instance, if your standard rate is downtown, of a dollar an hour, to have your rate in Allepattah, of a dollar an hour. Mayor Suarez: I'd be satisfied if it were just two throughout the City. one more expensive downtown, and one less expensive in the neighborhoods, even if we lose a little bit of revenue, even if we have to go to a lower rate, just so you know how many, you know, what kind of coins you need to have, and how many you need to have to park in different parts of the City. You don't know in advance. You know when you go to these places, people are not going to look at these in advance of going downtown, and have an idea how much it is going to cost you to park for an hour. 66 September 11, 1946 Mr. Carlton: I would like to consider, and prepare within two weeks for you, a report on standardization of rates of maybe five, or some reasonable number that people can understand. Mr. Plummer: So then we will defer item 58. Mrs. Kennedy: Precisely, what we are asking you. Mr. Carlton: Can we approve it subject to that condition? Mayor Suarez: I still have a problem with the rates themselves. I don't see why you are asking for higher rates. I don't see the purpose of it, so I still have a problem with it. Mr. Carlton: Well, sir, like every other City department, we have expenses that go up. It costs more to do business. Mayor Suarez: You have a profit of a little bit over $3,000.000 a year, I don't... Mr. Carlton: We don't have a profit of $3.000,000. We have a profit of $1.500,000. The $1,500,000... Mayor Suarez: What happened to the other $1,500,000? Mr. Carlton: That is... Mayor Suarez: The last time we looked at your budget, you were going to... you were... Mr. Carlton: That is debt service. The difference between the two is debt service. Mayor Suarez: How much additional revenue would these rates produce? Mr. Carlton: $80,000. That is what I am trying to get the recognition of here In terms of the historic pattern of rate adjustments... Mayor Suarez: Well, that works against your argument, I mean, $80.000 is not going to make us or break us! So why do it? Mr. Carlton: Because it is a pattern of development and growth, that... keep in mind why these are being done. I made the argument earlier. Mayor Suarez: Because you want people to use the parking structures, that is really the reason. _ Mr. Carlton: Look, the City is losing $1,500,000 a year on one parking structure, that these meter rate adjustments will help, and that was one of the instructions that you gave me at the hearing on your government center garage. Mayor Suarez: Or... I don't know which structure you are talking about. or sell it, or divest yourself of it, or give it away, or do something with it. Mr. Carlton: All of the above, but this is part of the package to help... Mr. Plummer: Where are we on selling that structure? Mr. Carlton: You asked us to do a white paper type report. We prepared it, the Manager has it. and we are meeting on it next week, and we are in the process of trying to figure out what to do. Mr. Plummer: OK. What do you all want to do? Do you want to defer it, do you want to pass it? Do you want to deny it? Mayor Suarez: I'm not going to vote for it. so if deferring is going to help him in some way. Mr. Plummer: Well, then I move to defer until the next meeting. Mr. Carollo: Second. 67 September 1.111 1946 'Mayor Suarez: Moved and seconded, any further discussion frcm the cawnlsslon7 Cali the roil. Itan 58. The preceding motion to defer, Introduced by CCmmlssloner Plummer and seconded by Omml , ssioner Carollo, was passed and adopted by the following vote - AYES: CaTmIssloner Joe Caro llo, Ccmnissioner J. L. Plunner. Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: VIce4ftyor Miller J. Dawkins 30. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED ORDINANCE RE-LIGiTIM OF PUBLIC AM PRIVATE LOTS. (SEE LABEL *32) Mayor Suarez: Item 59. Mr. Odlo: This ordinance is to provide for the following amendment: It revises lighting requirements for a minimum of one foot candies and a maximum of two foot candies In certain areas to a uniform one foot candle which is the predominate standard used throughout Dade County. It regulates over -spill of lights Into adjacent properties and a new section has been added to provide this and It a I so e I Im I nates the Parking Lot Rev I ew Board wh I ch has not had an appeal since, they haven't heard an appeal since 1979. Mrs. Kennedy: Mr. Manager, why did we have a Parking Lot Review Board? Mr. Odlo: We don't know because It has never done anything so Mr. Plummer: Well, no, do you want to know how It came about? Mrs. Kennedy: Yes, I want to know the history. Mr. Plummer: There was an unfortunate Incident In downtown In a dark parking lot In which a woman was raped. That Is the typical government by crisis, It was brought here, they then sa I d that you've got to I I ght then so that that would help to deter plus you had to have a provision of where they could be locked up when there was no attendant there. There thrust was good, Rosario, it has been very difficult to enforce and espec I a I I y when you have everyone go I ng to these energy k I nd of things plus hav I ng gates to where the lots were closed and having attendants and things like this, but that Is how that board was created. Mrs. Kennedy: OK. Mayor Suarez: Let me make two quick announcements. One has to do with the prior Item that we deferred. The announcement Is that It would be heard on - the parking meter rate Increase would be heard on the 25th, so we don't have to re -advertise It. Im siopt"W 11. Ina 31. GRANT REQUEST FROM M 1 AM I DALE WATER & SEWER DEPARTMENT TO BUY F ILL MATERIAL FROM VIRGINIA KEY. Mayor Suarez. Lot me Interrupt the discussion on this item too to ask the C I ty Manager to to I I us about the M I am I -Dade Water and Sewer request to buy sane Of the landfill, is that? Mr. Odlo: Yes, sir, you have a letter in front of you, the engineer from.... Mayor Suarez: I think we have their representative here who has been waiting patiently, If we can get that resolved. Mr. Jim Cogle: I'm Jim Cogle, the Assistant Director of the Miami Dade Water and Sewer Authority Department and we are requesting to buy fill material on the Virginia Key for a construction project that we have on an adjacent site at Virginia Key. Mr. Plummer: How much you paying us? Mr. Cog Ie: The going rate and the Public Works Department has a set a price of $2.00 per yard. Mr. Odlo: That Is acceptable because that Is the market rate at this point. Mr. Plummer: Fine, I so move. Mrs. Kennedy: Second. The fo l lowing mot Ion was Introduced by Comm i ss i oner P I Lmner , who moved Its adoption: MOTION NO. 80-711 A MDT I ON AUTHOR I Z IISIS THE Atli I N I STRAT 1 ON TO GRANT REQUEST MADE BY M I AAA I DADE WATER AND SEWER DEPARTMENT TO BUY APPROXIMATELY 35,00o CUBIC YARDS OF FILL MATERIAL FROM VIRGINIA KEY AT $2.00 A CUBIC YARD. Upon being seconded by Lammissloner Kennedy, the motion was passed and adopted by the following vote - AYES: NOES: ABSENT: Carmissloner Joe Caroilo Cmmissloner J. L. Plumper, Jr. Ccmnissloner Rosario Kennedy Mayor Xavier L. Suarez Vice -Mayor Miller J. Dawkins Mr. Cogle: Thank you very much. 32. (CONTINUED DISCUSSION) FIRST READING ORDINANCE AMEND CODE CHAPTER 35, ARTICLE VI i - "LIGHTING OF PUBLIC AND PRIVATE PARKING LOTS" - REPEAL "PARKING LOT REVIEW BOARD." Mayor Suarez: Item 59 again, I'm sorry. Mrs. Dougherty: While you're thinking about this Item, I might tell you that the parking Lot Review Board that hadn't met for so many years, an almost tragic thing occurred because they had a City employee on the board that didn't file his financial disclosure forms for five or six years ... Mr. Plummer: So It's good It didn't meet. Mrs. Dougherty: Well, then the State of Tallahassee started to try to prosecute him. I mean It was almost going to be a c.-iminal thing and so we had to go up there and defend him by telling them ... the poor little engineer, you know, almost got prosecuted for not filing disclosure forms when the oammittee never met. Nam. Plumper: Was he a good guy or a bad guy? Mrs. Dougherty: He was a good guy. Mr. Plumper: Oh, CK. Mr. Plumper: All right, what do you want us to do with 59? Mr. Pierce: Pass It on First Reading. M'. Plumper: Are you reducing the Ieve I of lighting? Mr. Pierce: We're making the standard - yes, but It Is still adequate. We're reducing so It is uniform with what Is used throughout Dade County. Mr. Plummer: You know you're costing me personally $10D a month because when that ordinance went I I had to take and light up my funeral hone yard on Flagler Street which runs me Just about $100 a month to cone up to your standards. M'. Pierce: Not you can change the bulbs ... Mir. Plummer: No, I can't bemuse 1 had to sign a five year contract. W . Odio: Well, at least after five years you can save sane money. 70 septaffbar 11, low. Mr. Pierce: You can change the bulbs and reduce your costs. Mr. Plumper: I'll sue the City for recovery. I move Item 59. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any further discussion? Call the roll. AN ORDINANCE ENT ITLEDg AN ORD I NANCE REM I NIG CHAPTER 35, ART I CLE V I I , ENTITLED "LIGHTING OF PUBLIC AND PRIVATE PARKING LOTS" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MAKING NECESSARY WORDAGE CHANGES AND REPEALING CITY CODE SECTION 35-132 ENTITLED "PARKING LOT REVIEW BOARD" IN ITS ENTIRETY; OONTAININIG A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was Introduced by Canna ssloner Plummer and seconded by Canmissloner Kennedy and passed on its first reading by title by the following vote - AYES: Cormnissioner Joe Carollo Cmmissloner J. L. Plumper, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor Miller J. Dawkins The City Attorney read the ordinance Into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Caro llo: You know, Carmissloner, you're quite lucky because In your business you can raise the prices and your customers can't oa, lain. Mr. Pierce: Mr. Mayor, Just for the Commissioners' Information, there was a second part to this that Mr. Aaron brought before the Cmmisslon back in July and l Just wanted to advise you that that place has to go through the Zoning Ordinance. It has to go to the PAB which w I I I be done, It Is starting In October and it will be back to the Carmission either late October or November. Mayor Suarez: Thank you, Walter. 33. F 1 RST READ I N3 ORD 1 NANCE : AMEND CODE SEC. 2-279 (C) - QLDvW REQU I REMENT FOR MEET N3S OF MIAMI AFFIRMATIVE ACTION BOARD. Mayor Suarez: Item 60, it Is a quorum requirement for Affirmative Action. Mr. Odio: Yes, It Is to reduce the Board from 8 members to 6 since they have never been able to get menbers to serve on this board for the total amount of 8 and, therefore, they don't have any quorun. Mr. Plumper: Throw them out. No, no, If people don't attend meetings why aren't they remCved? Mrs. Kennedy: What Is this board doing? Ms. Wattle Daniels: The AffIrrnatIve Action Advisory Board, they rev Iaw the Affirmative Actlotm Plan for the City, the status of affirmative action in the various departments, make r600nmndations to the City and the City Manager regarding how we can Mayor Suarez: When was the last time itmt? 71 Septe aw 11, 1N6 Ms. Daniels: Last month. Mayor Suarez: Was It an effective meeting? Ms. Daniels: We do met, but we have difficulty getting members. They attend the meetings, but perhaps because it requires City residence, It Is a monthly meting, there is no caypensation, we have difficulty getting members. Mayor Suarez: How many total ambers on the Lard theoretically? Ms. Daniels: There are currently 11 although the board should contain 14. Mayor Suarez: And the quorum requirement in the ordinance is 8? Ms. Daniels: Is 8. Mayor Suarez: And you're proposing to go to 6. Mr. Plumper: Do you have the provision In the ordinance that If they miss three meetings they're automatically removed? Ms. Daniels: Yes, we brought this before the Commission maybe two or three years ago and you asked us to use a point system which we do, people are removed. We have not had to remove anyone because of a lack of attendance, but It Is often difficult, right now we have three vacancies and we're going to propose on the next agenda that those vacancies be filled. Mrs. Kennedy: And do they report back to the City Manager's Office? Ms. Daniels: Yes, they report to the City Manager's Office. Mr. Plummer: I move 60. Mr. Carollo: 1'd like to get some feedback from one of my past appointees to that board, Mayor Suarez, If he thinks we should lower It to 6 or not. Mayor Suarez: Yes, we had problems with the quorum requirement at the time. It was a little bit more active, but ... W. Daniels: They've been meeting very diligently. Mr. Plummer: Do you want to defer It or do you want to move It? Mayor Suarez: No, I'm ready to vote for It. You moved already. Ms. Hirai: Yes. Mayor Suarez: Do we have a second? Moved and seconded, any further. discussion? Call the rcl1. AN ORD I NENCE ENT 1 TLED- AN ORDINANCE A END1Nc3 SECTION 2-279(c) OF THE CODE OF THE CITY OF M I AM I , DEALING W 1 TH THE OJDMM REQU 1 RELENT FOR MEETIN3S OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD; BY PROVIDING FOR MODIFICATION OF THE C1LlO M REQU I RELENT FROM EIGHT MEJABERS TO SIX MeSERS ; OONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Was Introduced by Ommissloner P1urmer and seconded by Ommissloner Kennedy and was passed on Its first reading by title by the following vote - AYES: Om missloner Joe Carolio Commissioner J. L. Plunmr, Jr. Cmnmissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez hDES: None. ASSENT: None. 72 Sopto"tw II 118 's° 3'. The City Attorney read the ordinance Into the public record and announced that copies were available to the members of the City Cann issIon and to the public. Mayor Suarez: Thank you. Hattie. 34. FIRST READING ORDINANCE: REPEAL OODE SECTIONS 5-4/5-61 ("CITY OF MIAMI PROFESSIONAL WRESTLINS BOARD") - ESTABLISH SECTION OONCERNIN3 PROFESSIONAL. WRESTLING ACTIVITY. Mayor Suarez: item 61. Mr. Plummer: What are we doing with 61? Mayor Suarez: We have a professional wrestling board? Mr. Plummer: Oh. yes. Mr. Jack Eads: We did. yes, sir, and the chairman of that board rawnmended because I guess the state of the art, that It was really a non-functioning board and reoammended ... Mayor Suarez: Do people have to have prior experience to serve on that board? Mrs. Kennedy: Is this a board that provides a forum for two of our members of this Carrmission? Mayor Suarez: Nrw, now, It was boxing not wrestling. Professional Wrestling Board. Mr. Plunner: Is this separate from the boxing board we have that Is also nonexistent? Mr. Eads: I don't know about the nonexistent Boxing Board, but the existing Boxing Board It Is separate from. It Is separate from that board. Mr. P I ummer : I th I nk we've got 36 members of the Box i ng Board and they've never had a meet I ng In the past 15 years but for some reason we keep adding members. So what you're saying Is repeal this? Mr. Eads: Yes, sir. Mr. Plummer: So moved. Mrs. Kennedy: Second. Mayor Suarez: Moved, seconded, thlyded, whatever It takes. Any further discussion? Call the roll. He goes to the wrestling matches though. " Mr. Plummer: You bet your bippy I do. Mayor Suarez: He'll be an Informal Wrestling Board for the entire 0mTnlsslon. Mr. Plummer: Let me tell you, me and 6,000 other people. Do you know that the last wrestling match at the Knight Center was sold out? Mayor Suarez: Now that's different, that's Wrestling. Mr. Eads: What professional name does he go under, Mr. Mayor? What professional name does he wrestle under? W. Plug : What Is rffy name? Mayor Suarez: Yes, that's a good question. Did you ever get In the ring? Mr. Eads: It might be a conflict of Interest too, I'm not sure. 73 Septer 11, low AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLOR 1 LEA, AS AMENDED, REPEALING SECTIONS 5--47 T»iO" 6-61, INCLUSIVELY, IN THEIR ENTIRETY, SAID SECTIONS PERTAINING FOR THE "CITY OF MIAMI PROFESSIONAL WRESTLING 13OARD;" ESTABLISHING AN ADDITIONAL SECTION OONCERNiNa, PROFESSIONAL WRESTLING ACTIVITY IN THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Cc missloner Plumper and seconded by Camnissioner Kennedy and was passed on its first reading by title by the following vote - AYES: Ommissioner Joe Carollo Commissioner J. L. Plummer, Jr. Crnmissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: None. The City Attorney read the ordinance Into the public record and announced that copies were available to the menbers of the City Ommisslon and to the public. 35. FIRST READING ORDINANCE: AMEND 10085 - PERMIT CITY MANAGER TO PEFIMIT SALE/DISPENSATION OF BEER OR WINE IN ONE ADDITIONAL CITY PARK (VIRGINIA KEY PARK) Mayor Suarez: Item 62. Mr. Plummer: Is this on special occasions will only be by management approval >• or Commission's? Mr. Odio: Yes, what happened Is that when we passed the ordinance on City =4. beer and wine permits Virginia Key was not open and we Just IIke to include that ... Mr. Plummer: So moved. r Mayor Suarez: Moved. Mr. Dawkins: Under discussion, we already do it at Bicentennial, don't we? W . Odio: Yes, sir. W Eads: Yes, sir. W. Dawkins: Thank you. Mayor Suarez: Seconded, can I take that as a second? Mr. Dawkins: Yes. Mayor Suarez: Cali the roll. Ms. Hirai: It Is an ordinance, Mr. Mayor. Mayor Suarez: Read the ordinance. 74 SApteer 11, 1 11 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE No. 10085 ADOPTED MARCH 1€1, 1986, BY AUTHOR I Z I N3 THE CITY COMMISSION AND CITY MANAGER TO PERMIT THE SALE OR DISPENSING OF WINE OR BEER IN SOFT CONTAINERS IN CNlE (1) AMITIONAL CITY PARK, NAWLY, VIRGIN1A KEY PARK, ON SPECIAL OCCASIONS AND FOR SPECIAL. EVENTS OR PRE; FURTHER AUTHDR I Z I NlG THE CITY OOMvI I SS I ON TO APPROVE SUCH PERMITS IN CONNECTION WITH "RCX:IC CONCERTS"; CONTA I N I NIG A REPEALER PROVISION AND SEVERABILITY CLAUSE. Was Introduced by Cannissloner Plummer and seconded by Cannissloner Dawkins and was passed on Its first reading by title by the following vote - AYES: Cannissloner Joe Caroilo Ca m I ss 1 oner J . L . P 1 ureter , Jr. Cammissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NDES: None. The City Attorney read the ordinance Into the public record and announced that copies were available to the members of the City CarmIssIon and to the public. Mayor Suarez: When we are going to see the effect of this ordinance in terms of the agenda? Mr. P l urirrer : In the DUI arrests. Mr. Odlo: It cuts out ... five to six Items per agenda. 36. FIRST READING ORDINANCE: AMEND OODE SEC. 40-60 -ELIGIBLE REGISTERS," ETC. PROVIDE FOR EXTENSION OF REGISTERS AFFECTED BY FREEZE ON PROMOTIONS. Mayor Suarez: Iten 63. Ms. Beatrice Herriott: Good morning. My name Is Beatrice Herrlott and I'm the Administrative Assistant for Judy Carter, the Executive Secretary of the Civil Service Board. I am before you because of concern that came about in reference to specifying the duration of promotional registers affected by a freeze. What has occurred. there was a concern of the FOP, the Firefighters Local and several others as to what occurs. The Civil Service Rules. Rule 7, section 7.3, at this particular point In time, does not specify what occurs when a prcmctlonal freeze has occurred. What now has happened. the Civil Service Board has voted to. In fact, include sane language that was Included previously as to what should occur and this particular aspect Is duration of registers, the term of eIICIbIIIty of each register and of the names appearing thereon shall be fixed by the Director of the Human Resource Department at not less than one year nor more than two years whenever for eooncmic purposes, the City Manager by memmorandLr►m de I ays the f I I 1 I ng of a prcmot Iona I vacancy, the I I f a of the subject register and vacancy - I'm sorry. the I I f e of the subject register and all other promotional registers affected. thereby shall be extended for a period of time equal to the time occasioned by the delay. Any register that has been in effect for more than one year fray be abolished or extended at any time by the duration of the Human Resource Departnient for the purpose of this rule, the life an eligible register begins on the dAte the eligible register is established. Simply stated, the language should be Included to address the area as to what will occur during a promotional freeze. Currently, this Is not being done. 75 September 1 1 1988 Mr. Plummer: What has been the past policy? Because there have been freezes before. Ms. Herrlott : Nothing, It has been silent. Mr. Plummer: Oh, yes, 1 can tell you there were freezes before. Mr. OdIo: i'I1 say It for the record, Cc missloner, and I told this to the Union and I told this to the Civil Service Ord, I think that It Is only right that 1f we freeze promotions that If a kid took the time to study hard to get on top of a list and why should we force him to take another test and go back to studying bowse we, the administration, decided to freeze promotions. Mr. Plummer: We l I, OK, and 1 have no truck with that except there Is one provision. OK? That you're overlooking, and that is that you have to be with the City x-number of years to be cons 1 dered for sane prompt I ons , and If you lock a register. then a kid who beoomes eligible can't take It because It Is frozen. So It works to his detriment. In other words, If you have a freeze, let's say for a year, and he meets the five year requirement expecting under normal circumstances that he would be able to take the exam and get on a register, what you're doing, In effect, is stopping him from getting on a register because he can't take an exam. So, I mean there are two sides to this story and that's I think the problem. Mr. Odlo: Well, my concern at the time, and it still Is, that really I have been aware of some particular Firefighters that studied for six months In order to get their names high up on the list and 1 Just don't think It is fair because of an administration policy ... Mr. Plummer: What are you saying In reality? That we should postpone the register as long as*the freeze Is In effect? Mr. Ocilo: Yes. Mr. Plummer: I don't think that Is unreasonable. Mr. Odlo: In the meantime, 6 have talked to Angela Bellamy to proceed to take more exams and be ready for other lists, but this one has priority. Mr. Dawkins: In the package here, the City Attorney from her May Sth memo, and It said duration of eligible registers and It goes on to say how the City of Miami went to court and the last I i ne says, "the court In Perkins citing City of Mimi vs. Elmore 131, etc. and etc., held that while plaintiffs were not entitled to a promotion as a matter of right, they were entitled to remain eligible for promotion for a period of time equal to the previously determined duration of the register." In explaining the rationale for Its opinion, the court Bald, etc., etc. What do you have to say about that, Lucia? Mrs. Dougherty: Basically, we're saying that this proposed amendment does follow case law that exists already and that's why we're recarmending it. This would Just bring your ordinance In conformance with case law. Mr. Odlo: That Is basically what we're doing. Mayor Suarez: Reramber big old mcnentum here, you know, I have no problem with the proposal, Don, I presume you're in favor of It. Mr. Don Teems: I an, but 1 Just need to state on the record what we think our Intent was dealing with what J. L. mentioned before. Mayor Suarez: It will get you In trouble, but go ahead. Mr. Ted: I understand that. I understand that. We totally agree with the case law, first off and second ... Mrs. Kennedy: ice, state your name. Mayor Suarez: Yes, give us your nay and ... Mr. Tee: I'm sorry. Dow, Teems, president of the Miami Association of Firefighters. What happened was there was a freeze, at Civil Service Rule that 76 Sept 11, 1 dealt with a freeze of A register under what we call the old Civil Service Rules. When those Civil Service Rules were Changed and then created the Department of Huron Resources It did certain things and changed the structure of the Civil Service. It was Inadvertently left out and we didn't realize It was Inadvertently left out nor managament nor the unions until we had a freeze which was now, and then when we looked at what do you do In the ease of a freeze we found out we didn't have any language In the now Civil Service Rules that said what you did, and we got with the CivII Service Board, Caesar cane down and discussed the Item before the CIviI Service Board with us at one point and this Is what we came up with, to Incorporate in the new Civil Service Rules to handle a prcmotlon freeze. Mr. Plunnar: But the concern I raised, how do you answer that, you know, to a young man? Mr. Teems: The Intent, J. L., is this, Is that If there Is a freeze, that the register that Is In effect at the time a vacancy occurs, will go towards that register. OK? In other words he won't lose credit for a vacancy that occurs while his register Is In effect. Now remember now, It Is frozen. Mr. Plumper: 1 understand. Mr. Teens: Now, any new premotlonal positions that become vacant would go to a new register, to make It fair, to do the fairness thing you're talking about. Mr. Plummer: All right. 1 move It. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded, read the ordinance. AN ORDINANCE ENT 1 TLED- AN ORD I NAME M E(aD I NG SECTION 40-60 , ENTITLED "ELIGIBLE REGISTERS", SUB-SECTION(C) ENTITLED "DURATION", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS W0 DED, BY ADD I NG A NEW SENTENCE TO THE EX I ST I ING SUB-SECTION(C) BY PROVIDIN3 FOR THE EXTENSION OF REGISTERS AFFECTED BY A FREEZE ON PRCMOT1ONS AS ORDERED BY THE CITY MANAGER; FURTHER CORRECTING A SCRIVENER'S ERROR WH1CH HAD TRANSPOSED THE WORD "THAN" TO THE INCORRECT WORD "THAT" ON LINE 4 IN CIVIL SERVICE RULE 7 "ELIGIBLE REGISTERS", SEC. 7.3, "DURATION OF REGISTERS"; OONTAINING A REPEALER PROVISION AND A SEVERADILITY CLAUSE. . was Introduced by Commissioner Plumper and seconded by Cam IssIoner Kennedy and was passed on Its first reading by title by the following vote AYES: Cmnlssloner Joe Carollo Ccmnissioner J. L. Plunger, Jr. Commissloner Rosario Kennedy Vice -Mayor Miller J. Dawkins - Mayor Xavier L. Suarez NOES: None. 37 . FIRST READING ORD I NANI.E : AMEND 9939 -- ESTABLISH "CITYWIDE NE I t HOOD PARK RENDVATION" AS CAPITAL PROJECT. Mayor Suarez: Let's go to Item 64, we' II get to 63.1, hopefully we can get 64 done before lunch. Mrs. Kennedy: So moved. Mr. Dawkins: I've asked quite a few people to cane In here on the 25th, I'd like to move this to the 25th. Mr. Carollo: Second. Mayor Suarez: Move to defer, Is that the motion? Mr. Dawkins: Yes, continue. Mr. Odlo: Move to September 25th? OK. You don't need a motion for that .... Mrs. Kennedy: Yes, we do because I don't think we should move this to the 25th. Mr. Odlo: Oh, CK. Sorry. Mrs. Kennedy: I certainly do not intend to vote on this Item, It has been on the agenda, It Is lust approving the funds so go ahead and take a roll call. Mr . Dawkins: I've got a hundred peop I e coning In here to argue about this may• Mrs. Kennedy: Oh, I know you do. Mr. Dawkins: OK. And since you said that, I'm going to try like hell to get 200 1 n, s I nce you know 1 have 100, 1 'm go I ng to try to make sure that you don't know how many I've got coming to see If I could get 200. But all Jokes aside ... Mr. Plumper: Are we deferring 64? Mr. Dawkins: Yes. It has been moved and seconded, I don't know whether the vote will carry or not. Mr., Carollo: Well, how long has this been advertised for the Cmmisslon? Mr. Odlo: The answer is ... I'd like to hear the question, 1 couldn't hear. Mr. Carollo: How long has this been advertised? I mean this is not something new that we Just came up with. W. odlo: This ordinance is the first reading and there has been no advertising on this, to answer your question, CWmissloner Carollo. Mayor Suarez: This is a two reading ordinance? Mr. Odlo: This Is a first reading and then we'll have a second reading. Mayor Suarez: It's not Just a resolution appropriating the funds? W. Odic: MAY I suggest. I don't know if we mid take thls on ff t I rs read ng and then bring It up on a public hearing. Mayor Suarez: So It has to have two readings? Well, It would make sense to Mr. Carollo: What Is the will of the Oomrmission7 Mayor Suarez. That's what we're trying to asiceirta l n. Mrs. Kennedy: Well, I certainly think that It should be heard now, I don't know. Mr. tins: And I asked that since I have, I have met with people In the comnunity and they keep brow beating me about what we could do for more pot Ice, what we can do for more parks, so I Just suggested that they cam dawn here on the 25th and let the Cmnlsslon know how they feel about this and when -it Is done I'll be through with It. Mr. Carollo: Well, It Is going to cane up again for a second reading on the 25th then right? If we were to vote upon this now ... Mr. Pltmner: Thirty days, Isn't It? Mr. Carollo: Well, It would have to came again. Mrs. Kennedy: Can you ask your people to cane In 30 days? Mr. Dawkins: No, I'm not going to ask then to cane In 30 days when I've a 1 ready asked there to came In 25 days, i mean the Carm i ss 1 on has to make a decision. I'll Just go tell the people that I asked then to say the 25th and you sa 1 d to I I then to cane I n 30 days, so now you to 1 I then to cane I n 30 days. Mr. Odlo: No, no, Vice -Mayor, you can bring It back on the 25th for a second reading. So you could have your public hearing on a second reading If you wish. Mr. Caro IIo: Yes, we could do It that way. Mr. Dawkins: No problem. Mrs. Kennedy: Yes. Mr. Plummer: Well, of course, and then three votes denies It today. Mr. Dawkins: I don't care what you all do, I've already told people In the OomlunIty what I was going to do. Nov any dammed thing you a I I do ... Mr. Plummer: You can move it on first reading with a second reading which is Mrs. Kennedy: So motion stands. Mayor Suarez: Actually there was a motion to defer and then you have a motion to pass on first reading. 00 we have a second On the motion to defer? Mr. Carol to: Yes, there was a second motion to defer. I would leave it If the Cmvnisslon would like to vote. I will not be voting with the motion since It will be able to cane back on the 25th. You know this Is not a final vote. Mayor Suarez: All right, let's call the roll on themotion to defer so we can get out of here. The preceding motion to defer failed to pass by the following vote - AYES: Vice -Mayor Miller Dawkins NOES: CmmIssIoner Joe Caro IIo Corm i ss i oner J . L . P I ummer , Jr. Cmmissloner Rosario Kennedy Mayor Xavier Suarez ON F CU- CALL,.: Mr. Plummer: t think we adequately Serve the people by hsvinQ the first reading today and the people will be here on the 25th when the second reading 13, " have the r I ght to express thmmse 1 ves . I think regardless of what is going to happen. we've got to arms to a conclusion. I'll vote with the mot Ion to protect the people's right to be heard on the 25th. Make It a Set time. Dawkins. make It a set time, Dawkins. What tiff* Is t t? 79 SePtayber 11, 1; q Mr. Dawkins: Five o'clock In the afternoon. - Mr. Plummer: Well wait a minute. Whoa, 5 o'clock Is budget hearing. Mr. Carollo: My question Is this, are you saying to make first reading on the IL 25th? Mr. Plummer: No, this 1s first reading today. Mrs. Kennedy: We're talking about two different motions. Mr. Carollo: You're voting against the motion then. Mrs. Kennedy: You have to vote against the motion and then to pass on first reading. - Mr. Plummer: I'm sorry, Mad= Clerk, I made a mistake and my vote is to have the first ... to defer, my vote would be no. Ms. Hirai: You vote with the motion to defer, so vote with the motion. Mr. Plummer: I am correcting that. Mrs. Kennedy: No, no, no. He's voting against the motion to defer. Mayor Suarez: He voted no on the motion to defer. Let's go. Game on. Ms. Hirai: He's voting no on the motion to defer. Mayor Suarez: OK, we have a mot l on to pass on first reading, Carom l ss l oner Kennedy? Mrs. Kennedy: Right. Mayor Suarez: Do we have a second? Mr. Carollo: Second. Mayer Suarez: Moved and seconded. Do we have any further discussion from the Ocmnisslon? With the understanding that the second reading will be on the 25th of September. z: Mr. Carollo: Absolutely. Mrs. Kennedy: Exactly, on the 25th after 5 o'clock to hear the people out. Mr. Odlo: You have a budget hearing at 5:05. Mr. Plummer: That's by law. Mayor Suarez: Yes, we can schedule it for whatever time this OaTmIssion deers, Including 6 o'clock If you like. W. Plummer: They're going to be bringing dawn 200 more people to be addressing the budget. Mayor Suarez: 7 o'clock? Whatever time you want to huWle it. Mr. Caro IIo: I think you need enough time between the budget. I& Plummer: Yes, 7 o'clock I think would be fine. u Mr. Carollo: Well, I would say 7:30. Mrs. Kennedy: OK, 7:30, Miller? Is that OK? OMMIssloner Dawkins? Y Mayor Suarez: OK, It will be at 7:30. Ca1I the roll on the motion.' AN ORDIWCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9939, ADOPTED DECER 20, 1984, THE CAPITAL IMPROVEMENT APPROPR I AT IONS ORD I N AI C:E, BY ESTABLISHING C 1 TYW I DE NI PARK RENOVATIONS AS A CAPITAL PROJECT IN THE AMOUNT OF $3 , 960, 000 AND APPROPR 1 AT I NG AN AMJINT OF $510,000 FROM PROCEEDS FROM DADE COUNTY SEAPORT LAND EXCHANGE SETTLEMENT, AN AMOLt4T OF $2,950,000 FRCM PROCEEDS FROM THE NEW PORT BRIDGE LAND SALE, AND AN 44XW OF $510,000 FROM PROCEEDS FROM DADE COUNTY SEAPORT LAND EXCHANGE SETTLEMENT, AN AWLINT $2,950,000 FROM PROCEEDS FRCM THE NEW PORT BRIDGE SALE, AND AN AMOLINT OF $500,000 FROM INTEREST EARNINGS ON THE 1986 GENERAL OBLIGATION BOND SALE FOR A TOTAL APPROPRIATION TO SAID PROJECT OF $3,960.000; BY ESTABLISHING BAYFRONT PARK DESIGN AND DEVELOPMENT -PHASE II AS A CAPITAL PROJECT IN THE AMOUNT OF $3,674,000 AND APPROPRIATING AN ANOLIVT OF $224,000 FROM PROCEEDS FRCM DADE COUNTY SEAPORT LAND EXCHANGE SETTLEMENT, AN 'MOLINT OF $2,950,000 FROM PROCEEDS FROM THE NEW PORT BRIDGE LAND SALE, AND AN AMOUNT OF $500,000 FROM INTEREST EARNINGS ON THE 1986 GENERAL OBLIGATION BOND SALE FOR A TOTAL APPROPRIATION TO SAID PROJECT OF $3,674.000; BY INCREASING APPROPRIATIONS FOR BAYFRONT PARK DEVELOPMENT DESIGN AND DEVELOPMENT -PHASE I IN THE AMOUNT OF $183, 000 FROM PROCEEDS FROM DADE COUNTY SEAPORT LAND EXCR44GE SETTLEMENT FOR A TOTAL APPROPRIATION TO SAID PROJECT OF $1,088,000; BY INCREASING APPROPRIATIONS FOR BAYFRONT PARK REDEVELORV ENT AMPH I THEATER i N THE AMOUNT OF $103 , 000 FROM PROCEEDS FROM DADE COUNTY SEAPORT LAND EXOW43E SETTLEMENT FOR A TOTAL APPROPRIATION TO SAID PROJECT OF $6,116,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was Introduced by Carmissioner Kennedy and seconded by Camnlssioner Carollo and was passed on Its first reading by title by the following vote - AYES: Canmissloner Joe Carollo Cotmissloner J. L. Plunner, Jr. Cmmissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney reed the ordinance Into the public record and announced that copies were available to the mm bers of the City CamnIssIon and to the public. 1 U 38. FIRST READING ORDINANCE: AMEN 9939 INZREASE APPROPRIATIONS FOR "MIAMI STAD i LM - RC IOF REPAIRS" AND "M I AM I STA,D I LM - PRESS BOX REPAIRS." W . Odio: Mr. Mayor, could we pass 63.1? Mr. PIunner: Moved. Mrs. Kennedy: Second. Mayor Suarez: It's moved, seconded, any discussion on 63.1? Call the roil on 63.1. Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMEND I Nip ORD I NAME M. 9939, ADOPTED DECE BER 20, 1984, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING THE APPROPRIATIONS FOR TWO PROJECTS ENTITLED: "MIAMI STADILM - ROOF REPAIRS" AND '"MIAMI STADILM - PRESS BOX REPAIRS" IN THE AMCLI ITS OF $100 , 000 AND $300, 000 RESPECTIVELY, FROM CAPITAL IMPROVEMENT FUNS - FUND BALANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was Introduced by Ccmrissloner Plumier and seconded by Carrmissloner Kennedy and was passed on Its first reading by title by the following vote - AYES: Ommissloner Joe Carollo Commissioner J. L. Plumper, Jr. Commissioner Rosario Kennedy VIce-Mnyor Miller J. Dawkins Mayor Xavier L. Suarez 39 . PRESENTATION OF PLAQM TO BOBBY MAIXURO. i. Presentation of plaque to Bobby Maduro for his Invaluable contributions to the sport of baseball. NOTE: CCIVMISSIOVER DAWKINS ENTERED THE MEETING AT 2:39 P.M. 40. RATIFY CITY MAWGER' S AUTHORIZATION TO ISSUE EMERGENCY PURCHASE ORDER TO "IRwIN SEATING COMPANY" FOR THEATRE FOR COMMISSION CHAMBER. r yor Suarez: Item 65 has been moved by Carmissloner Plummer. Plummer: No, no, Camnlssloner Plummer moved to deny. yor Suarez: To deny It? • Plummer: Yes, 65? The new chairs. . Odio: Look, these chairs. • Plummer: is It these chairs or for the public? „ . Odlo: These chairs. . Plummer: I move to approve. s. Kennedy: Yes, 1 second. . Plummer: Hey, we might be one of them one of these days. yor Suarez: That's right, we might be In the public very soon. Moved and conded. Any discussion from the Ommisslon? Any serious discussion from e O mnission? Hearing none, call the roll. The following resolution was Introduced by Comnlssloner Plummer, who ved Its adoption: RESOLUTION NO. 86-712 A RESOLUTION RAT IFYINa, APPROVING AND COW IFfAIN3, BY A 4/5THS AFFIRMATIVE VOTE OF THE ME]VBERS OF THE CITY OMISSION, THE ACTIONS OF THE CITY MANAGER IN FINDIN3 THE PIIGHASE AND INSTALLATION OF THEATRE CHAIRS FOR THE CITY 00W1SSION CHAMBER AT CITY HALL TO BE AN EMERGENCY PROJECT AND IN AUTHOR I Z I N3 THE ISSUANCE OF AN E EFOR C:Y PURCHASE ORDER FOR THE PURCHASE OF SAID THEATRE CHAIRS TO IRWIN SEATIN3 COMPANY FOR THE DEPARIMENT OF GENERAL SERVICES AMINiSTRAT1Cal AT A TOTAL PROPOSED COST OF $10,521.24; ALI.00AT I N3 FUNDS THEREFOR FROM THE INTERNAL SERVICES FUND. (Here follows body of resolution, cmitted here and on file In the Office of the City Clerk.) Uport being seconded by Ommissloner Kennedy, the resolution was passed and adopted by the following vote- ,AYES: NOES: ABSENT: Ll Commissioner J. L... P1uinver, Jr. Onrnmissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez C=nissloner Joe Carollo 41. RATIFY CITY MANAGER'S AUTHORIZATION TO ISSN EMERGENCY PURCHASE ORDER FOR PURCHASE OF HURRICANE SHUTTERS FOR THE DON HICl<MAN BUIL.DIN3. Mayor Suarez: Item 66, we might as well take then In order since we're getting to 67 anyhow. Mr. P l utmer : Hurr i cane shutters. Why Is it an emergency when the hur r i cane season Is over? Mr. Odlo: They may be higher In the hurricane season. Mr. Plummer: Move the emergency hurricane shutters for the Don Hickman Building. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Mr. Plummer: All $19,000 worth of then. Mayor Suarez: Any discussion from the Commission? Mr. Plunmer: Buy them on American Express, we get double the warranty: The following resolution was introduced by Oommlssioner Plummer, who moved Its adoption: RESOLUTION NO. 86-713 A RESOLUTION RATIFYIN3, APPROVING AND OONFIRMING, BY A 4/5THS AFF1M%TiVE VOTE OF THE METIBERS OF THE CITY- COMISS1ON, THE ACTIONS OF THE CITY MANAGER 1N FINDING THE pLfC ASE AND INSTALLATION OF HURRICANE SHUTTERS FOR THE FIFTH FLUOR OF THE DON HIC"N BUILDING TO BE AN EMERGEtCY PROJECT AND IN AUTHORIZING THE ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR THE PURCHASE OF SAID SHUTTERS TD WEATHER CONTROL FOR THE DEPARTMENT OF GENERAL SERVICES AMAINISTRATICN AT A TOTAL PROPOSED COST OF $19,359.77; ALLWATIN3 FUNDS THEREFOR FROM THE 1985-W OPERATINCB BIDGET T. (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: OmTnIssIoner J. L. Plummer, Jr. 64 ;3tp1:iMi7tiir 11, 1988 s---• •. - FIT 42. DIRECT CITY MANAGER TO PREPARE R.F.P. FOR OPERATION OF A FULL SERVICE MAR 1 PaA AT MARINA KEY. Mayor Suarez: I ten 67. Mrs. Kennedy: Mr. Mayor, on Itan 67 1'd IIke to address this at this point, I understand there are a lot of people on this Item and I Just want to make a couple of points, first up front, that my Intentions Is that It renaln a full service marina and that the City get the best return. As all of you know, we ordered the C1ty Manager to conduct a study to see If the City Gould run the marina. He came back with an afflnmative answer and after reading his report 1 saw the concerns of many of you here today, I listened to you, I decided then that the best way to achieve again these two objectives that the City gets the best return for the money and that It ram In as a full service marina the best way was to go out to public bidding with a clear understanding that It be maintained as a marina. My main Interest Is to clear up this property. It is prime property and it should be a showcase for this City. I'm ready to make a motion on that effect. Mr. PIurmer: let me Interject just a few things. I have read the reoammendatlon of the administration, and I think In that recemmendatlon they say that, of course, that they can handle the marina and that In effect they felt that they could derive from that $222,000 a year. I will go to an RFP, but I want It fully understood why I'm going to an RFP, because at all times the City of Miami reserves the right to throw out all bidders. I for one, _ will not be able to know whether or not the City will be able to provide the level of service, nor do I know that the return w I I I be adequate for what should be as for prime property. I think one of the underlying factors that has to be considered, that under the new Charter Amendment, that there has to be two appraisals done of that property and It has to be a demonstration that a fair return canes back to this City for the lease of that property. I an very concerned that there must be In the RFP a provision for a water walkway. I think that Is very important, sanething that doesn't exist today. What I would like to see Is that this City go out and make RFP's with minimum standards, minimum standards, for example, and I'm not going to set these, I'll let the administration set whatever numbers they feel that are appropriate, that whoever Is the successful bidder, if there Is one, has to spend a minimum of x-number of dollars within x-months to upgrade that facility. I think it is also that the City must set minimum standard numbers to say what Is the return to the City. Now, I would say that that number should be predicated on the appraisal and what the appraisers determine Is a fair return, that the City cannot accept less than that amount of money. Mrs. Kennedy: In other words let the appraisal decide the return to the City based on the amount of the land or the value of the land, Is that what you're saying? Nor. Odio: Mr. Mayor ... Mr. Dawkins: Mr. Mayor, Mr. Mayor. Mr. Plummer: Can I finish? Go ahead, I yield to my colleagues. Mayor Suarez: ommissloner Dawkins? Mr. Dawkins: The first thing I'd like to know Is who within the administration has the expertise and the knowledge to operate a full service marina? 1'd Iike to know that fran the Manager. Mr. Plummer: Can I address that, becLu.r I was a part of it? Weil, let them address it and then 1 will. Mr. Odlo: I tell you frankly, Crmmissloner, we have people that can operate a marina. Mr . Gaudio I ns : A full sery i cue cmar I na . W. Odlo: if you may let me finish, 1 ... September 11. ION Mr. -Dawkins: No, but I'm asking one question and you're ... Mr. Odlo: No, 1 said a marina. My concern would be and Is that I don't believe that we are prepared to run the repair part of the marina which we are not operating at the present time. Mr, Dawkins: Cl<, so now, but I 1s a full service marina now that has these facilities. Mr. Odlo: Yes, sir, it Is, and i ... Mr. Dawkins: So now we're talking about closing down the repair facilities because wa know how to operate the storage facilities. Mr. Plummer: No, no, no. Let me Jump In here, Ok? Cannissloner Dawkins ... Mayor Suarez: Just to clarify, If I may, Cartmissloner Plunner, as of now, no one On this Commission has proposed that we accept the resolution as previously drafted and in our package. Mr. Odlo: No. Mrs. Kennedy: That Is correct. Mayor Suarez: I'm Just clarifying. Mr. Odlo: Cmmissioner Plummer, may I say sanething? Mr. Plummer: No, let me. Commissioner Dawkins, I want to tell you that not only In this town but In a lot of waterfront places that repair faclIItles today are not done by the owners of the yard. They are done under suboontracts that you can have a subcontractor cane In, do the work and the yard takes an override, and that's about 50/50 of the yards. Nm Merrill Stevens doesn't' operate that way, they operate fran within and they do It fran within. But there Is nothing to foresee that says that you cannot operate as 50 percent of the other boat yards that are operating. The main thing Is can a person take their and get their boat fixed and repaired. The answer I think is that the City has demonstrated the ability to run a marina. They have not and cannot denonstrate that they have the ability to run a full service, but they do have the ability to contract the subcontractors and take an override. Now ... go ahead. I want to finish, but I'll ... Mr. Dawkins: too ahead, I'll wait until you finish, J. L. After you, go ahead. Mr. Plummer: I want to say for the record that without question that whatever RFP goes out, and this one vote will be predicated on those barns have got to go. Now, as far as i am concerned they are an eyesore. I understand to have a full service marina that you've got to have same under roof capacity, and 1 have no problem with a new facility being put onto that property, but I'm telling you that for this one vote those barns have to go. Now, other than that I think that the City needs to cane up with an innovative type of RFP. We set minimum standards that you must meet these minimum standards and beyond that tell us what you feel that you best can do for this C1ty, and that Is what I would like to see In the way Of an RFP. So I'm ... Mr. Odlo: Sir, may I say ... Mr. Dawkins: Now there we go again. I'm after J. L., take It easy. Mayor Suarez: All right, Comisslover Dawkins. Mr. Dawkins: Now you're telling me that we have the facilities to operate a marina. Mr. Plug: Yes, sir. W. Dawkins: We have a facility over there now that has repair facilities In - It, and al of the lathes and other equipment related to the repairs to boats belong to Merrill Stevens. Mr. Dawkins: CK, but It Is still operating to fix badly needed boats. Mr. Plummer: No, sir, that's not quite correct as It stands today. Mr. Dawkins: Well, It's not quite wrong either. C?K? , Mr. P I umner : We I I , they dropped a 36 foot Bertram, that's what 1 'm gett I ng at, the waves need extensive repairs and most likely replacements. Mr. Dawkins. So now when we go to the marina and Merrill Stevens takes out Its repair equipment, as bad as It is, who Is going to pay for the other equipment to go In there for somebody to cane In and do It on a 50/50 basis? Mr. Plummer: The subcontractors which are done In many... Mr. Dawkins: And now In the event that nobody canes In for the subcontract, then we've got a good excuse to push the damned th I ng down and se I I I t to anybody who wants It, Is that correct? Mr. Plummer: No, sir, No, sir, I ' I I give you the operation of probably one of the largest boat repairs In this community who operate on subcontractors entirely, the do the motor repairs, they do the wood repairs and the yard Itself takes a 20 percent override, and they do very well, sir. And the subcontractors bring In their own materials, they bring in their own machinery and they do the repairs. Mr. Dawkins: If you push the sheds down, where will they do this repair work? Mr. Plummer: They can build a new type of facility. Mayor Suarez: Let me ask a question, If I may, Commissioner Dawkins, about what you're calling the barns, because I Just keep thinking that what ... Mr. Plummer: The hangers. Mayor Suarez: ... what is supposed to be a nice specialty center built at Monty Trainer's site Is going to take advantage of something that looks to me very similar to what Is on this site. Mr. Plummer: No, sir, It Is absolutely not, not In my estimation. One Is a hanger, the other was built for a boat storage. Mayor Suarez: They look very similar to me, maybe to the untraIned eye. Mr. Dawkins: Now, we're going to tell Merrill Stevens to get out in 60 days, we're going to put an RFP out ... W. Plummer: No. W. Dawkins: OK, correct me where I'm wrong. Mr: Piumner: If you put out the RFP, I would assume Merrill Stevens would stay there until a successful bidding Is awarded. Mr. Dawkins: That's not what we told then the last time they were here, we told turn they had 90 days to get out. Mrs. Kennedy: Yes, but the transition period, they should stay so that wee can provide the Same service to the people who rent there. I believe they should say. Mr. Dawkins: On. so MerrIII Stevens, although we're not being benevo Ient. and we're Just tolling them, you know, the hall with you. they Should feel sorry for the City of Miami and say. "you're kicking me out but although you're kicking me out I IOVS the City to much I'm going to stay here until you make Lip your mind what you're going to do? Mr. Plug: No. sir, that was their refit. Mrs. Kennedy: They wanted, they asked for It. 87 Mr. Dawkins: Asked for what? Mrs. Kennedy: To stay there. Mr. Plummer: They asked to stay In there unt I I an RFP was rewarded, that was their rawest. Mr. Dawkins: Well, If they don't stay In there how are we going to service the people with the boats? Mr. Dawkins: Why do you assume that they won't stay? Mr. Dawkins: Beg your pardon? Mrs. Kennedy: Why do you assure that they won't stay? W Dawkins: While we're waiting on the RFP, who Is going to service the people who need service with boats? Mr. Plummer: They w I I I . Mayor Suarez: Presumably Merrill Stevens would stay In there and also participate In the RFP process, If the parameters of the RFP are such that they can participate and that Is why we have to make them fair enough so they can participate In It, and they can stay there In the meantime, at least that's my view. Mr. Plutmer: The only thing, Commissioner Dawkins, that we're doing Is (1) we are prohibiting then as they stay there from renewing any leases beyond 30 days and f reez I ng the rates. The rates In that boat yard In the last year have almost doubled. Now, I think It ... Mr. Dawkins: Did our Income double or triple? Mr. Plummer: No, sir. Mr. Dawkins: OK, All right. Mr. Plummer: I think It Is only fair that Merrill Stevens wouldstay in there untl I such time as a successful bidder has been selected, then or someone else. And during that period of time that It Is with the agreement that there will be no long term leases entered Into and that the rates must ram I n frozen. It Is only fair. Mr. Dawk Ins: Let me go on record as saying ever since I have been on this Ommisslon, and If I'm In error anybody up here can correct me. Merrill Stevens has been down here begging us to do a lease with them. Mr. Plummer: Yes, sir, correct, W . Dawkins: And each time we for some reason, we failed to renew a lease, we fat I ad to te I I then what they need to do. In fact, In nV opinion, we attempted to drive them off the land. That's Miller Dawkins' opinion. OK? So now, we are today sitting up here telling Merrill Stevens you either play by our ball Game, play by our rules, we're going to take the balls and the bets and the gloves and we're going home and I think It Is grossly unfair and I will not vote.for any RFP that does not Well out that this will be a full scale marina that deals with the storing of boats, the repairs to boats and that anything else that's necessary to doing that whether It means tearing down the sheds that are there and building others. whether It means remodeling those that are there, but somewhere a I ong the I I ne I want It understood that me. Miller Dawkins Is not for driving Merrill Stevens off that property. Now, I'm for s I tt I nq down and work I ng out someth I ng where If we are not gett I no a fair return we should do It, but ever since I have been here, and I want everybody to understand this Is just my opinion, ever since I have been here we have done everything to drive Merrill Stevens off of that land and nothing to help them stay there. Mrs. Kennedy: CK. going back to 00=15sioner Plumer and the RFP ... I (APPLAUSE) 11 Mayor Suarez: Please, It only delays our proceedings. Go ahead, - Corrmissloner. OK. Perhaps we should Include In the RFP to have a capital Investment up front to reconstruct the building. Mr. Plum -or: That's what I said, a minlmun capitai improvement. Mr. Carollo: 1 think that what we have to do Is keep our eyes on the ball In this, and the ball is having saneone that Is qualified to run the place there. Merrill Stevens Is qualified, no question about that. Mrs. Kennedy: That's right. Mr. Carollo: But that doesn't mean that we have to give them an exclusive there, the same way that It does not mean that anyone should get an exclusive - anywhere In the City of Miami. Mr. Plummer: That's exactly right. Mr. Carollo: If after an RFP Is put out and they bid the most for the people of this City fine, let there stay there. It Is great, you know? But I cannot om vrehend for any of us to say that Merr I I I Stevens or this group or that group should be given the sole right to stay on any City property. Once the City Is expired, this Commission has the responsibility to get the best return for City land, no matter whan the party might be as long as they're a qualified party, and that Is the bottom Iine of what 1 think we should keep our sights on - trying to get the best return for this community and by doing that, 1 think the only logical way that we could go about It Is by putting It out to an RFP and whoever bids the most for It, whoever gives the City the most for It, then they should run It. Simple. Mrs. Kennedy: Mr. Mayor, then to recap and to incorporate In my motion, that we take It out to an RFP with a minimum Capital investment, that we bring the RFP back to this O=nlssion for us to make the selection, that the appraisal decide the return to the City based on the value of the property, and that In the meantime we should let the Merrill Stevens people operate It. Did I miss anything? Mr. Plummer: With the proviso that there will be no leases entered into for more than 30 days and that the price, the rates are frozen until that selection. Mrs. Kennedy: CK, and so I move. Mr. Carollo: The question that I have Is how long of a time period will that RFP be placed out so that, you know, qualified people could bid? Mr. Od I o : N 1 nety days, Cxmm l ss l oner . Mr. Carollo: Ninety days? OK, what I'd IIke to see, that extended to at Ieast 120 days. I think four months time should be the minimum that you should give qualified potential bidders to study the place there and give the best bidpossible that they can. Mrs. Kennedy: CK. Mayor Suarez: No problem. The only concern that I have Is In specifying a fair return based on appraisal. We should keep In mind, and I hope that this 0cmn1ssIon agrees ... Mr. Od1o: We have to do that by law. Mr. P I urrmer : That's Charter. Mayor Suarez: Yes, yes, but remember the appraisals have at lot to do with the use of the land, and that the use of that property will ranaln essentially what It Is now. I think that Is the Consensus of this Commission, if It Isn't I'd like to hear about It, which Is a marine oriented shipping, boating Mr. Plummer: As zoned. 88 800t+l i t ' 11. F; Mayor Suarez: Right, and that In preparing what might be the figures for determining a fair return, we keep in mind that that Is the use that we want for this property. I have here ccmnunlcatlons frcan citizens that I'd like to Introduce Into the record. 1 don't know how many all together, but they all stand for that proposition, 1 believe, every single one, and I think that re reflects generally the feeling of the residents of this area, that that should remain as a facility for boating, yachting, shipping and so on. Mr. Odlo: Mr. Mayor, what we can do Is what we did In Bayside, put out the RFP, get the proposals back and then based on the proposals appraise the value of the land based on what the projects are proposed. Mayor Suarez: That's the thing. Mr. Odlo: And then they decide what the minim'.m return to the City should be. Mayor Suarez: It Is sort of a Catch 22, 1 mean unless we decide what Is the Proposed use and define It reasonably well, we really won't know what Is a fair return. But I think we have a consensus on that. Does that reflect your belief and your opinion, Crnmissloner Kennedy? Mrs. Kennedy: That Is my motion, yes. Mayor Suarez: ILK. At the risk of losing momentum, you can say anything you want. 1 mean If you disagree ... Ms. Joanne Holshouser: I would IIke to make several cannents. The first Is that nowhere Is It written that that has to produce an enormous revenue, so if we could keep down the fact that a reasonable - I think you all have used that repeatedly and let's keep that In. You're quite correct, those hangers don't differ from various other things including the one over here that we're In favor of putting another x-million dollars Into, and those hangers are perfectly In keeping. I am not defending there as they are now, but I'm pointing out I do believe they belong to the City. I think that should be established. If the City owns those hangers, then In effect the City is asking soneone to bid on taking down public property, etc., etc., If we could continue the thought about that. Mayor Suarez: They're definitely fixtures, so they definitely belong to the City at this point. Ms. Holshouser: And they may have some historical value, It may be that If you saw them In a little different light you might feel better about then. But 1 would also ask that In composing the RFP, If you could ask the Manager to include several of us, and I'm not even calling it Merrill Stevens, as you know, I'm not here fighting for Merrill Stevens, I'm fighting for the boat yard... Mr. Odlo: Excuse me, ma'am, I hate to Interrupt you, Joanne, once you do that, whoever you're representing Is autanatically out of the bidding process. Ms. Holshouser: I Just said I'm not representing Merrill Stevens, 1 was trying to put that on the record, again. I keep saying It, but people outside say I am - I'm not. Mr. Odlo: You're welcome to review the RFP once It Is drafted, once It's drafted. Ms. Holshouser: I understand that, but I'm Just asking for the point of clarification If several of us could sit down as the RFP Is being drawn up to basically express the wants of the oomnunIty because we've gone through this for three years now, not In the offIc1a1 meet 1ng, but If we could just get together or whatever. Mr. Caro IIo: Joanne, It is fine to express the wants of the oarmunIty. and keep In mind that when you say the wants of the oa munity you should be talking about the 450,000 plop l e that make Lip the City of M i am 1 . Ma . Hsi I shourser : Yes, sir. 90 7.7-777 i^ F Mr. Carollo: It Is an other thing when we start getting to a situation that we appoint people that are going to have their own agenda to place their own bias Into an RFP. I personally think it should be left up to the professionals of this City that 1 don't think have any bias either way for anyone and just p I ace In that RFP what Is going to be best for the City of Miami. Ms. Holshouser: Thank you. 1 guess what I'm trying to do, Ccmmmmissloner, Is urge there to takes Into account the alternative Dinner Key which you all Interpreter! as the final plan which you all adopted In principle. That's a)l I'm really asking for. Thank you. Mr. Plummer: Joanne, It Is coming back here for final approval. Ms. Holshouser: i understand, thank you. Mayor Suarez: John, do you wish to be heard on this? Mr. John Thomas: Mr. Mayor, Mr. Vice -Mayor, Commissioners, I'm John Thomas and I'm here representing the Marine Council today. The Marine Council has taken the position this should remain a full service boat yard. I appreciate the responsiveness of the Commission to that Issue, I'd Just like to emphasize that we think It Is Important that this be ... Mr. P l utmer : Excuse me, John, are you getting paid a fee to represent the marine Council? Mr. Thomas: No. sir, I'm not, no lobbyist Involved here, I'm a member of the Marine Council, Vice -President, and there has been a resolution to the effect that we urge the City to rema I n a fu I I sery 1 ce boat yard In this I ocat I on . The two points I would make are that if the City does consider same sort of a retention of this property and a subcontracting, there may be a problem with the Joint venture restrictions under the Florida Constitution. Mayor Suarez: We're not considering that right now, I don't think. Mr. Thomas: No, I'm Just saying that If it canes back to that I'm just advising you that that Is an Issue that ought to be considered. 1 also would ask that the RFP and future consideration go to the Waterfront Board which is the advisor to the City Commission regarding waterfront Issues. That gives the Marine Council and other persons In the community another forum to discuss these sorts of Issues. 1 feel that they have sort of been left out on ... Mayor Suarez: At least on the preliminary draft it would make sense so we don't delay the process too.long. Mr. Thomas: I heard a rumor that Comm I ss 1 over P I urnner wanted this boat yard designed by Noguccl and I just wanted to know. Mrs. Kennedy: Do not bring Mr. NoguccI back to this CarmmIssIon today. W. Plummer: John, that's Iike most rumors, It Is totaIIy false. Let me ask a question. Madam City Attorney, you know, this Is public property and l have heard, and I'm not going to say whether It Is true or not, Iet me just ask' If It can be buIIt 1n, that the public has access. When I mean that, how can we assure, as we do at Dinner Key, that anyone of the public has the right to rent slips Into that situation dawn there? Mrs. Dougherty: It would be part of your RFP. Mr. PIurmer: Just part of the RFP? OK. I want to make sure that's there, i think It is only right that the general public should have the right to use that facility just Iike anyone else and the walkway. what Is the walkway, fifty feet? Is that what It Is generally? OK, all right. Mr. Jimmy Merrill: Good afternoon. Jlmmmny Merrill, Merrill Stevens 2640 S. Bayslore: .. . Mayor Suarez: I'm sorry, Jimmy. just one clarification. The waIlowv&y, as you're oonceIvIng It. and I guess the same way, hopefuIIy, that I'm Iving It 1s a public socess walkway, obviously. 91 Mr. Merrill: Just a couple of questions. The 90 days will, we w I I I have 90 days after the PFP is awarded to vacate the premises If we are not the suocessful bider, Is that correct? Mr. Plummer: Sure. Mrs. Kennedy: Yes. Mr . P 1 ummer : That ' s reasonable. Mr. Merrill: Secondly, Mr. Plummer, with respect to freezing of the rates. Mr. Plummer: Yes, sir. Mr. Merrill: We can't go along with that. For instance ... Mr. Plumier: Jimmy, that's your problem. OK? Mr. Merrill: Gasoline prices go up and down and we may lower the price of gasoline If the price of gasoline goes down ... Mr. Pltmmer: Jimmy, you have raised the rates In that marina almost double In the last twelve months, you are now separately charging for electricity which Is questioned whether you can legally do it or not, and I think $238.00 a month for an 18 footer is damned good, and I think to get beyond that is Just getting out of question, and a friend of mine Is paying, you have sent him a bill for $238.00 for an 18 foot outboard under the shed, and I don't think you need a rate Increase during this 90 day period. I'll tell you that. Mr. Caro!lo: 1 hope he's living on the boat. W. Plummer: No. not an 18 footer, he's not. OK? Now, Jimmy, you are entitled to your opinion and I'm entitled to mine. Mr. Merrill: Well, Mr. Plummer, we'll have to redraft our current contract then. Mr. Plummer: No, sir, you have no contract, sir, you're there on 30 days. Mr. Merrill: We're on a month to lease based on our old lease. Mr. Plummer: Sir, we would have to redraft it If we didn't have the 30 day provision and you go write 5 and 10 and 12 year Contracts. Mayor Suarez: It Is an Interesting point, are all other terms of that contract binding other than the ... W. Plummer: As far as I'm concerned they're binding, but I'm saying freeze the leases so that he can't enter Into any long term leases. Mr. Merrill: Which we haven't done. Mr. Plummer: And freeze the rates which 1 feel are better than prevailing rates around this City. And If you want, we'll lust right through your docket as to what you're charging presently for boat rates. Now you want to do that? It's fine with we. Mr. Merrill: It's fine with me, i don't think It is necessary. Mr. Plummer: And If you want to dispute this man who tells me you're charging him $238.00 a month for an 18 footer, I'II call him. I had lunch with him. Cesar, you were sitting there. Mayor Suarez: ►VeII, not aI1ow1ng any Iong term Ieases to be entered by them makes a lot of sense, 00mmIss1oner, but I don't see why we should get Involved I n what fees he Charges on a month to month. I don't know what d l ffere I t makes to us. We're going to go to an RFP, we're gonna guarantee public access Mr. P I termer: No, a I r , i et me to I 1 you what has happened. OK7 A numi3er of boats have left the marina In re nt months because of the treyerKSOus Increases which Is felt that It Is being done so that it would showy a very tow tr 11, 11_ n ks. profit and low statement. CK? Now, all I'm saying is we're allowing you to stay there for 90 days at least, It Is actually six months. CK? It Is actually seven months, and as far as we're concerned you're going to pay us the same percentage and you're go I ng to make the same percentage. The on I y th 1 ng that we're not io i ng to a I I ow you to do is to t I e the hands Of this 0ormission Into five and year leases. Mr. Merrill: We have not done that. Mr. Dawkins: Not only that, Jimmy, I think what I hear or what I'm saying Is you should not be allowed to double the rent and drive people out of there so that when you Ieave we won't have ;iobody In there. Mr. Merrill: We're not doing that either, Caimissioner. Mr. Dawkins: Well, J. L. said you doubled the rent. Mr. Merrill: Weil, that's not true, It's lust not an accurate statement. Mr. Dawkins: CK, no problem. I would hope not anyway. Mr. Plummer: Excuse me, can we get back? The City Attorney has offered a ca, ramIse which Is agreeable to me, that Iike all other rate Increases on City property, that any rate Increase would have to be approved by this CcumIssIon. I'II buy that. Yes, sir, right now. I'II buy that right now. Mayor Suarez: It doesn't sound Iike a good Idea for you to cane back and propose a rate Increase. Mr. Plummer: Well, Mr. Mayor, you have been fortunate, you didn't go through a lot of hearings of the Dinner Key ... Mayor Suarez: I remember then though. I don't relish going through It. Mr. Plummer: Every time the rates were increased we had public hearings, and the people had the right to cane here which Is the public, and that's what, I"m trying to get established, that they have the right to use that marina and I can live with that If you can live with it. Mr. Merrill: Sure, I don't see why we couldn't. Mrs. Kennedy: I can, J. L., Incorporate that as part of the whole motion. Mr. Plummer: It Is fine with me. Mrs. Kennedy: CK. Mr. David Helnkle: Good afternoon, my name Is David Helnkle,, 11.1ve at 2836 S.W. 25th Terrace. I'm up here as a concerned boater and taxpayer for the cmwunIty, and also 1 work In the marine Industry, and I have prior _ experiences In the process that Is currently going on involving another town.'s marina known as the Miami Beach Marina currently which Is now a white ghost to the City. The City had no guidelines based upon current cxcmpetltive market prices for operating their facility, which has put the prices out of the market and the attendance at the marina !s very low. I wanted to make this point because Inside your guldelines I feel It should be Important that you keep your rates competitive In the field as not to lose money so that you end up with a tenant there that has nobody using their facilities because they bid at such a high price and promised the City such enormous returns to where the Clty's taxpayers takes the blunt of the burden financing a marina and so forth and not receiving nothing back. I would like to make that point and there's other people amongst the board here that tends to understand where I'm coming from I feel. Mayor° Suarez: Thank you for your oannents. Mrs. MurjorIe Carling: I am Mrs. Carling, 1 Iive In south Grove. Mr. PIuwner: I'm sorry, I didn't hear your name, ma'am. Mrs. Carling: Mar JorIer Car IIng. 11Ive In south Grove, MaIaga Avenue and 1 w€u1d IIke to have us think about sane thIngs that maybe we haven't thought about. You talk about or you speak about the barns, the hangers that have been here for all those years. We i I , I imag I ne they are hurricane proof, I Imagine the City owns those fixtures and 1 Imagine that those fixtures could be paid for by the City and could be painted and cared for by the City because Merrill Stevens Is leasing then. I tam In favor of Merrill Stevens being allowed to stay In this area and service the beats in this area. This Is a very Important service that this County nos. There are not that many areas that boats can be In. I'm not a speaker so I want you to be aware of that, but Merrlli Stevens has been here for many many years.. They keep their facility clean, they are good people and they scrvIce the boats well. 1 don't think there Is any complaint about Merrill Stevens except maybe the rates. Well, the rates that they're charging they probably need to under the c I rcumstances. and as for using the property for more benefit to the County, maybe you could get more money for the property but think about this area of It, we have parks that we pay so much for, we have spent money for parks, we have spent money to have those parks looked after, we have to think about citizens and the citizens need this boating area as a boating area because It Is the only place where we do have these boats and marina. It Is a natural place and It needs to be saved and preserved. and I think that Merrlll Stevens has been doing business here many many many years, done a good Job of It and they need to have consideration and I think we need to have consideration about keeping It as a boating repair place. The boats need an immediate boating repair place that they can go to when anything happens to their boats. Thank you very much. Mrs. Kennedy: Ma'am, they will continue to operate the marina until we come back with the RFP. Mr. Plummer: Mrs. Carling, you are aware, you should be aware, If this Comm IssIon today wanted to give to Merrill Stevens another contract for a per I od of years, we can't do 1 t . We cannot do that by law, It must go to public bldding and as such, that is what Is being proposed here today. No one Is saying that Merrill Stevens are bad guys but we are saying is that there _ are two Charter Amendments that must be adhered to, first that the appraisals are done and that a fair value Is established and second of all, is that the "a contract Is up, that you must, In fact, go to the public bidding procedure. You have to do that, there's no question about it. Mrs. Kennedy: And In the meantime they'll continue operating it. Mr. Chuck K I I ne : Mayor Suarez, members of the C I ty Comm I ss I on, my name I s Chuck Kline. I'm with the law firm of Mershon, Sawyer, Johnson, Dunwoody and 5 Cole. 1 don't represent anybody that has any Interest in this property now or I n the future or whatever, I 'm here because s 1 nce 1950 1 've 11 ved I n M 1 am 1 u and I've IIved In Coconut Grove or the area very close to Coconut Grove and I'm a sailer. And I'm very concerned that what this Ca misslon may be about to do I s to k I I I the goose that I a I d the go I den egg for South F I or I da . I think that everyone here. and before I speak In general terms I want to say something, that when 1 conclude I've got same specific thoughts about your RFP `N that I would like you, the members of the Camission to think about Incorporating into the RFP, so I'm going to get down to business In a second. But before I do, what I have to say about those specs f is thoughts might not make as much sense unless I give you a little bit of background. If you look out behind you there Is the finest sailing bay south of Annapolis. There Is no better bay anywhere. There 13 one marine repair facility on Biscayne gay - one, lust one. It Is seventeen miles fran here to featherbed, It Is almost £` IF i f ty in I I es down to h i ghway e 1 where I t crosses F l or i da Bay and goes t0 the ` Keys, and there is one more marina facility down there - fifty miles away. If >2 you go up here one county north of us where their waterway Is barely at the widest a quarter of a mile In Fort Lauderdale, you find marline repair facility after repair facility. most of which got run out of here one way or another..'�`�r--;a Mr. Plummer: Have you been up the river recently? Mr. Kline: Yes, 1 have. Mr. PIummer: And you have not river? Mr. Kline: Oh, 1 certainly have. seen the marine repair facilities up the fix Mr. PILmer: Well. you're saying 17 and 50 miles of river Is surely not that far. Mr. KIIne: 1 said on Biscayne Say, sir and I said so for a very Important reason. Mr. P I umner : We I I , CSC. Mr. Kline: The whole Idea of Miami to people who don't live In Miami Is boats. You look at your advertisements, you look at your commercials, look at your postcards, what do you see? What does everybody think of when they cane down here. Mayor Suarez: What specific things would you build Into the RFP? We're not at that point yet really but we'd be Interested In hearing, as opposed to that general argument that we all agree with. Mr. Kline: The first thing you've got to think about Is If you try to get your return on the value of the land, please don't think of the value of the land for Its highest and best use which everyone is going to say is multifamily. You can't do that. We. the boaters, can't pay the price to support that kind of facility. Mayor Suarez: With the understand that was built into the resolution that It will be a similar facility to what we have there, It won't be highest and best use In the sense of putting there condanlniums or anything like that. Mr. Kline: 1 understand that. There Is more to it than that. You say the hangers need to cane down. Mayor Suarez: That so far Is not built Into the resolution. Mr. Kline; If the hangers cane down, who In the world Is going to put the money Investment Into that property and how are they going to be sure they're going to get It returned to them if they don't have at least 30 years on there? You're almost guaranteeing it to failure. Mayor Suarez: How many hangers are there, by the way, altogether? Mr. Kline: Well, I know of two over there but there may be more, I'm not an expert on how many hangers. Mayor Suarez: 1 could see a design personally, with retalning both of them, l can -.see a design with retalning one as opposed to two, and I suppose l can see a design that would eliminate both of then but they may very well be valuable. I would think they would be valuable. Mr. KIIno: WeII, Mayor. I'm very pleased to hear you say that because as a boater I'm afraid If you don't take that realistic approach we're not going -to get, you're not going to get an RFP that will really be suocessfui. You may ` get sonebody In there that believes they can do It, but they can't do It If It Is too big of an Investment. The other thing i need to talk to you about 19 heard It said several times subcontractors. Don't worry, you can run a marina with subcontractors. Please, I'm a boater. i go to a place with my boat and I am that guy and I say, now fix my boat. I know If he doesn't fix it right that there is the man I can oas lain to, there's the man I can sue, there's the man that will fIx It and make It right. If you follow the marine Industry the way I have In the last 25 or so years, you read the art IcIes In miagazines , about It, they'll tell you horror story after horror story with boat yards where it Is nothing but a shell; the guy has a lease on the Iand, he refers everything out to any Tam, Dick and Harry who comes In and gives than a low ball price to paint a boat. And who pays? It Is the customer who pays because you don't have a re table boat yard • operator that's gist 20 years or more of experience and knows how to do this stuff. So please consider that in your RFP. Nc*v, let me add something else. This Is an extremely ... Mayor Suarez: This Clot I ss 1 on , by the way, has been I ook i ng very closely at any person that participates In any bidding process with the City as a contractor to make surer that they're not Just a shell for soymone else, and 1 think your point Is well taken on that. 1 believe the: Wrmisslon will cons i der that. _.� Mr. KIIne: Thank you. Mr. Mayor, and members of the Commisslon, one other point. As i recall from looking at your Charter, yes, you have to go out for proposals, but once you receive proposals there's nothing that requires you to take the lowest bid or the highest bid or anything else like that. And there Is nothing that prevents you from negotiating with those people to come up with ... Mayor Suarez: Well wait a minute, In regular competitive bidding we do have to take the lowest bid. This would go to UDP, would It not, Lucia? Mr. Pluminer: I hope so. Mrs. Kennedy: Yes. Mayor Suarez: There we don't have to go to the lowest bid strictly speaking, the whole evaluation of factors because It Is a very oomplex project. I'm not saying that I agree necessarily with that statute, that's the one we've got now. Mr. Kline: The point I'm making Is when It canes time to work out a contract, p I ease cons I der the length of time that you give this person. whoever It Is that canes In here to operate this facility because If you give then five years and no more, I can promise you you are not going to be serving the best Interests of the public. Think for a minute ... Mayor Suarez: It Is very difficult to get your Investment back in five years, we agree with that. Mr. KIIne: Think for a minute about what everyone 1s saying now about the deregulation of air IInes and how safe we feel. Sure, there's co pet It Ion out there, but how safe do you feel when you get In a plane now compared to the way you felt ten years ago? There are places for competition and there are places where you've got to look at something beyond that, and that Is you're the trustees of the public trust. This land, everyone agrees Is for a marina and that's your best Interest and our best Interest would be served if you take Into account those things that I mentioned today. Thank you. Mayor Suarez: Thank you. If your arguments are repetitive, please try to just give us the jest of what it is If It Is different from what has been stated. Mr. Van Snyder: They would be somewhat repetitive because there has been quite a few things that were said here today that 1 totally agree with, part IcuIarIy the last gentleman and also fran the Marine Council. My name Is Van Snyder. I'm at 303 S.E. 17th Street, Fort Lauderdale. I'm the Executive Director for the Marine Industry Association of South Florida. I'm here because i am Interested about waterfront property for water dependent use. 1 can assure you that over my experience In the marine Industry which started in 1970 i've been In South Florida, In this area, since approximately 1974 - One of the things that Is obvious to anybody that has watched the marine Industry over a period of time Is that we continue to lose waterfront, valuable property for non -water dependent non -related water uses and Mr. Plun, r has made some oommesnts about the rates at Merrill Stevens, one of the reasons - I can't speak for Merrill Stevens because 1 know nothing about their financial s I tuat i on at all, but my observat I on would be that the reason that you may have rates, Mr. Plummer, higher than you may like, or your constituents is because there is not enough competition. The reason there's not enough competition Is because Miami or other cities In South Florida have not continued to allow the development of marinas to make It competitive. I serve as vice-chairman of the Marine Council which Is a national group. That particular issue is the most Important Issue that Is confronting recreational boating right now. So we do support the continued use of this facility for a full service marina with storage, whether it be dry storage or In the water storage, and as far as the ocrrMtltive bidding situation. do what you have to do, but we would certainly like to See a continuation of the facility for the use of the boating c i t I zen . There are 44,000 registered boats In Dade County and that ' s not even cons I deer I ng docuimnted verse I s . and i t to rune that the c I t I zees of th I a area cwmt of ford not to cant I nue w I th a fu i I sery I ere mar i na there. Thank you for the opportunity. Mayor Suarez: 9y the way, one of the criteria. it Is bound to be, and I th I nk the Oann i ss i on has I nd I cateed a xper i eence In the field and In that pa.r t i cu I ar -i. 96 Wt4mIW 11, 1' ,criterion 1 can't Imagine anyone exceeding Merrill Stevens, 1 mean they've been there for x-number of years in that particular area so If they participate In the bidding I would think that they would win out In that particular criteria. Mr. Plumper: Madan City Attorney, for the record, on City -owned property, I 'know what It Is on a privately owned boat yard, they pay ad valorem taxes. Does any facility operating on City land pay ad valorem taxes? Mrs. Dougherty: No, Mr. Omm issloner, they pay an Intangible tax on the leasehold, they don't pay a property tax. Mr. Plummer: So they have an edge then over a private boat yard who has to pay taxes, Is that correct? Mrs. Dougherty: Yes, sir. Mr. P I ummr : OK. I t wou I d be 1 nterest 1 ng to know what the taxes on that parcel of property would be. Mr. Michael Chenoweth: Mayor Suarez and Comnlssloners, my name 1s Michael Chenoweth. I'm a member of your Waterfront Board, and I sit In the environmental seat on that board. In that capacity I represent four major envirormental groups here in Dade County. Mayor Suarez: Can you give us an address? Mr. Chenoweth: Yes, my address is P.O.B. 236 In Homestead. Among those groups are the Isaac Walton League, the Mangrove Chapter of the Isaac Walton League, you may be aware, has been very Involved in the creation of Biscayne National Park. One of the Important elements of that park is the ability of people who use the park to get service on their vessels. The gentleman from Mershon Sawyer covered the need to have marine facilities and the Importance of this particular site In that regard. However, I'd like to add a couple of things to what he said. First off, there were three good full service marinas at Dinner Key a few years ago. In the last ten or twelve years we've seen two of those essentially put out of business. I would like to suggest that If you are really Interested in getting good cartpetltion and bringing the price down that either the property that Is the Monty Trainer ... or the property that is between the City Hall and Merrill Stevens, be re... put out for bid also on an R.F.P., as also a full service marina that would restore sane competition into this particular area. I think that would serve a double purpose.. First, it would provide an additional level of service that could be obtained... Mayor Suarez: Which property? I'm sorry. Mr. Chenoweth: The property that Is the old Santana property, which is right next,door to us here, and the other property Is the property which Is the. old Underwood Marine property. Mayor Suarez: Frankly, I myself do not know anything about the status of the lease there. Mr. Chenoweth: I don't either, but I am saying that looking... Mayor Suarez: I think they have a lease to the year 2007. Mr. Chenoweth: Well, that I only 14 years. We are talking about the long term viability of the City of Miami and the usefulness of Biscayne Bay... Mayor Suarez: A little longer, by my calculations. What happens, by the way, just to clarify It, If we ever want to take back a lease of that sort, we get Into a situation IIke we d I d In Bay Ide, where we had to a pay a humdngous amount of money to buy It back. whici, is unfortunate, because the City should have never gotten Involved In leasing any property without putting In a prov I s I on that gays that I f we ever want i t back, a 171 that we pay, as we do now, Is the unamortized value of whatever improvements were made there by the person that had these, but In those leases we have to pay back the value which Is now 14 years, right away, unless I am wrong, but 1t 1s 21, and 1t would be a heck of a lot of money. 97 Septes►er 11 . 1 S 5 .G 1 � �W Mr. Chenoweth: But, in any case, I think that It 1s Important to recognize that the City has contributed to a large extent, to sam of the problems that we have here, and we want to be cautious that we don't create additional problem along these lines, particularly when we are talking about a facility as Important as this particular Merrill Stevens faculty. In 1973, 1 was working In a boat business at Underwood, and we had score hurricanes threats during that period of time, and I observed personally the importance of that facility In removing boats from the water, and protecting real property in which the citizens of Miami have a very large Investment. We have seen last December, of all times, a hurricane scare, when we had people trying to save their boats, sitting out In Biscayne Bay waiting for the Rickenbacker Bridge to open. Now we can solve that particular problem, but If we don't have a place for those boats to be hauled, we may find significant risk of life again, If another hurricane canes up and there Is no place that Is competent to haul boats at the speed that Merrill Stevens has done In a prior hurricane situation. It Is very Important that you have a oampetent operator In a situation In order to be able to handle urgency situations when they make cradles out of anything, and handle those kinds of situations. Mayor Suarez: Jack, let me ask a question to Mr. Eads on that particular point. How about that point, Is It contemplated that we put Into the R.F.P. that kind of an ability to haul In those boats In emergencies and so on? Mr. Jack Eads: Yes, sir. The City has got a history before of also storing boats In the Dinner Key Auditorium during a hurricane, and making other facilities available for maximum storage. Mr. Chenoweth: Mr. Mayor, the other factors that need to be considered here, are the value of those hangers, the replacement cost, the buildings that are structurally equivalent to those hangers would be extremely high. I would like to suggest that what you have done with the hanger over here, which Is... they are all, are really in respect structurally, the equivalent of the Merrill -Stevens hanger, are Indicative of the kinds of things that can be done architecturally for a much lower expense than what Is Involved with the... Mayor Suarez: Which hanger are you referring to? Mr. Chenoweth: The auditorium building. Mayor Suarez: ThIs wasn't a hanger, but this was a terminal building, and It serves a great purpose In City Flail. Mr. Chenoweth: No, this Is the Herald BuIIdIng, but the auditorium building and the building between here and Merrill - Stevens, and the Merrill -Stevens bullding were all hangers, and they were all basically the same kind of architecture and so there are lots of opportunities that don't necessarily Involve destroying a very valuable building. Looking at the return on Investment, the City only sees dollar signs, then perhaps the best thing to do Is to lease that property to Resorts international and let them operate a casino there, because In that situation, the City would get very high revenues, but... W. Plummer: You know, that Is an unfair statement, sir. It Is not what this City wants, It is what the voters of this City voted upon In a Charter slowil t. It is not lust determination by this Ommisslon. The Oar mission put It out to a referendum vote and the voters voted "yes", that If you lease waterfront property owned by the City, and It Is spe I l ed out, sir, you must get two appraisals and there must be demonstrated a fair return for the value of the property. Now, you know, you keep saying, and others have said the City Is trying to gouge. We are not doing thatl We are saying that that Is the minimum. because that Is what the Charter says. We have no choice In that matter. W . the CormIssIoner, 1 am not suggesting that the City Is trying to gouge. 1 am simply saying that you have to keep In perspective that you are doing here, Is that you are providing a service to the citizens of this carwunity, so that they can use same:th i ng wh I ch Is at our doorstep, and is unusable without the service. We don't expect to make a big return on City parks. beicause these are facilities that the City Is expected to... Mayor Suarez: There Is some return to every one. even If only scme ale are using It. There Is no doubt about It. 98 Sept _ 11, 1 Mr , Chenoweth : That's right, that Is right. Mayor Suarez: We agree on that, but you are... Mr. Chenoweth: And you were talking this morning about the need for reecreaat i onas l facilities, the need for parks. We have a terrific recreat I ona I facility In Biscayne Bay, but we have to make sure that at all times preserve out ability to use It efficiently. Now, the last thing I would like to say Is, as a manber of the Waterfront Board for several years, there have been a member of items, for exm p I e B€tys I de, wh 1 ch have been approved by the City, and never got to the Waterfront Board ahead of time. Mayor Suarez: You are telling us history. In this particular case, you are going to get It. Mr. nth: In this case, 1 would like to ask of the Waterfront Board to be Involved In the drafting of the R.F.P., and then the revue of the propose I s, before they cane to the Oamt 1 ss I on, so that we can g 1 ve you our — rWCA31110idatIons. Mayor Suarez: I would suggest that the Waterfront Board, and I don't see... 1 don't know who the chairman Is, but, that they take up Imn€diately, additional _ criteria, and refer then right to the City Manager, and get the Initial draft, and be right on top of It. They certainly have my support on that. Mr. Chenoweth: Well, two years ago there was a recamiendation to the City Commission, from... and all we can do Is recommend. Mayor Suarez: But, If you tell us the history Of two years ago, you might be explaining why things changed In November of 1985. Mrs. Kennedy: Aye, aye! W. Chenoweth: Yes, sir. I... Mayor Suarez: And she would second that, Counselor. Mr. Plumner: November of 1986? Are you planning on going somewhere? Mr. Clenoweth: We understand there is already at least a draft R.F.P. in existence, and we would like to have that for us to examine and then to have a starting point to work from so that we can give you something that measures in with the City's existing thinking. Mayor Suarez: 1 would take It up right at the very next meeting, because you have to be Involved In the R.F.P. process. Otherwise. the R.F.P. canes out looking like something that no one can participate in, and that is tailor made for one particular bidder, and that wouldn't be fair. Mr . Chemoweth : I a 1 so want to make I t c 1 ear I n speak I ng, I th i nk that the Waterfront Board agrees with me, but I am not the chairman of the Waterfront Board, Mr. Gibbons Is, and I am here merely giving you the Input from try point. Mayor Suarez: Well, you can Initiate an Item, I believe, right there on the board? Mr. the Say again? Mayor Suarez: You can Initiate consideration of an Item. as a member of the Board, but we have already built Into our resolution Instructions to the City Manager that the Board be Involved, and seeing the preliminary draft, not just at the end, once It Is sort of too late to do anything about It. Mr. the We very much appreciate that. Mayor Suarez: OK., call the roll on that Item. 99 September 11, 1988 Mr. Plummer: WeII, wait a mInuts, have we got outlined... what we are doing ncaa, Is we are sending to the Administration, to prepare an R.F.P., based on some, or all of the potential suppestlons, and that 1t be brought back to this Ccnmisslon. Is there a time fram, 30 days? Mr. odlo: One hundred and twenty days. Mr. Plt r: No, to be brought back to this C mmisslon for approval. Mrs. Kennedy: The R.F.P. .... Mr. polo: Thirty days, and we can have It In the first regular meeting of October . Mr. Plummer: 30 days? C1K, In 30 days, that's fine. Now, let we ask one last question. i assuming that as the ordinance of this City Is presently drafted, that would Involve minority participation, Is that correct? Mrs. Kennedy: Well, that Is part of the ordinance. Mr. Plumper: OK, ail right. Just wanted to make sure, put It on the record. Mayor Suarez: Yes? Mr. James C. Merrill: My name Is James C. Merrill, I am Chairman of the Board of Merrill Stevens Dry Dock Canpany, my post office box Is 1980, Miami, Florida, 33101. Mayor Suarez: Are you related to that young man that spoke a IittIa while ago with the same last name? Mr. Merrill: Distantly, he Is my son. Mr. Plummer: That's distant? Mr. Merrill: That's right. Mayor Suarez: All right, do you agree with him on most of the points he made? Mr. Merrill: 1 do, but 1 merely have this Question. The motion that you are making, Mr. Pita, r... Mrs.. Kennedy: No, I am making It. Mr. Plummer: Fine, whoever Is making It. Mr. Merrill: i beg your pardon? W. Plumper: The motion being made. W. Merrill: Well, the motion that has been made Is that the City wlII oone back with a proposal on R.F.P. W. Plumper: To be approved by this Om mission. Mr. Merrill: Fine, the only thing that Is not clear in mind, Is howmuch time, In the event Merrill Stevens Is not the successful bidder, how much time do we have to wind down? Mr. Plunner: 90 days Is what your son asked for and I said was reasonable. W. Merrill: You agread to that? Mr. PIr: Yes, sir, I agree to that. - Mr. Merrill: I did not hear that. Mr . P I u=ar : Yes, sir. Mr. Merrill: Fine, that will be part of the resolution, 1 presume. W. Plum*r: Like my father and 1, you have a problem oamrunlcating. 100 Stetpr 11, low _4' i Mr. Merrill: That's correct. Thank you. Mayor Suarez: Further discussion? Hearing none, I mean, disposed to hear not too much more, please call the roll. The following motion was Introduced by CcnmIssIoner Kennedy, who moved Its adoption: NOTION NO. 66--714 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN R.F.P. FOR OPERATION OF A FULL SERVICE MARINA AT DINNER KEY, BASED ON THE FOLLOWING SU33ESTIONS: 1. THE SUCCESSFUL BIDDER SHALL GUARANTEE MINIMUM CAPITAL INVESTMENT UP FRONT TO RECONSTRUCT THE BUILDING; 2. MERRILL-STEVENS DRY DOCK COMPANY ("MERRILL-STEVENS"), a, MR ITLY OPERAT 1 NG THE MAR I NA, 1 S NOT TO ENTER I NTD ANY NEW LEASES FOR OVER THIRTY (30) DAYS AND THE RATES FOR SAID LEASE ARE TO BE FROZEN; 3. THE R.F.P., ONCE DRAWN UA, WILL HAVE TO OOM1E BACK FOR CO MISSION APPROVAL BY THE FIRST MEETING IN OCTOBER; 4. A MINIMUM OF FOUR (4) MONTHS SHALL BE ALLOWED IN ORDER TO OBTAIN THE BEST POSSIBLE BID FOR THE CITY; 5. NERRILL-STEVENS IS TO STAY OPERATING THE MARINA UNTIL SUCH TINE AS THE BID IS AWARDED; 6. IF MERRILL-STEVENS WERE NOT TO BE THE SUCCESSFUL BIDDER, THEY WILL BE GIVEN 90 DAYS TO VACATE THE PREMISES; AND FURTHER STATING THAT ONCE THE R.F.P. PROPOSALS ARE 1N, AN APPRAISAL VCULD BE MADE BASED ON THE PROJECTIONS OUTLINED IN SAID PROPOSALS. Upon being seconded by pomplssloner Plummer, the motion was passed and adopted by the following vote - AYES: Ccrtmissloner J. L. Plummer, Jr. Cmmissloner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Ctrtmissioner Joe Carollo Vice -Mayor Miller J. Dawkins 43. DISCUSSION REGARDING CITY OPERATION OF MIAMARINA. Mr. Plumper: Mr. Mayor, let me ask ncw. and It really doesn't apply to Merrill Stevens, but It Is a different concept, yet It is the same. Mr. Manager, at the same time we asked you to look in house at the possibility of doing Merrill Stevens, we asked you to look In house for the potential of the new Says Ide Liar Ina, which does not have any marine repair facilities, but In my estimation, going to be a gold mine to whoever the operator Is, and I thought that If In fact It Is naturally going to be a gold mine, that the City should Invest, maybe Itself In there, and not share the profits with scnxxme else. Now, we did not recelve a report as to Bayside, and we are getting very close on having to make a decision, and I am asking, since I have no reocnvexidat ion fran the AdlmInIstratIon, only as relates to Merrill Stevens, to get It out so that In fact, everybody was pressorIng me at the Iast meet Ing that If you don't start sarething, you are not going to have It ready at the same time that Bayside Is ready. Nova... Mr. Odlo: I will cif 1t out and let you knaw. I will rind to you before the meet Ing Is over. l µX Mr. Plumper: But, I would Iike to see, if It is possible, that it could be on the next agenda that If the City makes a decision to put It to an R.F.P. to the general public... Mr. Odlo: Cm missloner, the reason I didn't want to reply, that Itch... that you tell us to run the marina, period. Now, you are saying that we had to report back to you whether we could. We can, there Is no question about that, we the marina. Mr. Plummer: The question, Mr. Manager, was... Mr. Odlo: No, sir, you told... excuse me, sir. Mr. Plunner: Go ahead and finish. Mrs. Dougherty: ....(IWWIBL.E)... find out how much It was going to cost to repair. Mr. Plumper: Exactly. Mr. Odlo: The only thing we had to report was on repairs, and we are doing that. Mr. Plummer: Exactly, and whether or not the City has the money to put front to do the improvements that arc mandated, and could the City run It thereafter. Mr. Odlo: We can run It, the question Is how much It Is going to cost for repairs. Mr. Gilchrist: For this area, sir, you told us to negotiate with Rouse because they have an agreepent requiring repair and I am In the process of doing that right now. Mr.. Plumper: OK, all right, we know that If we operate It ourselves, that we have got to pay then 1.6, we know that. 12 44. ACCEPT BID: ERSARY F'OiAX)AT I ON CO., - DINNER KEY WR I NA P I EE REPLACEMENT. Mayor Suarez: Item 68. Mr. OdIo: The Cost estimate for this was $90,000. The bid came In from Ebsary Foundation for $87,760. Mr. PIurmmer: Hey, Carol, listen to this. This affects you, this next Iten Is in relation to Dinner Key. Mr. Odlo: And this bid was for replacement of piles at Dinner Key Marina. Mr. Plummer: Where are we... give me a quick, If you can, status report, _ where are are In Increas1ng that mar Ina to 506. We know we have got $4,000,000 In a reserve fund. Mr. Odio: After the problem we had with Greenleaf Talesca, as you are aware of 1t, we should be, from what I was told the last time, that we should be going Into construction samewhere In January or February. Mr. Plummer: January, to Increase It, have we got all the permitting? Mr. Odlo: We Just received... Mr. Eads: ... INALDIBLE)... We Just got a notice from the State responding favorably to our permit request. We expect to begin construction at the end of December. Mr. Plumper: Al right, may i ask that you prepare a memmo for each one of the Commissioners, telling us where you are today, and give us a time sequence. You contemplate starting construction in January. How long will you be under construction? What are the Improvements that you are going to be making? You know you are spending here for these piles, OK? Could i have before the next meeting, a time schedule of what you contemplate, and in the perimeters. And 1 want to tell you, I am doing that Intentionally to put you on record, and expect you to IIve up to it. How much slips do we have there now?... 214, Carl? Near 400 now? Mr. Eads: Yes, sir, I believe that Is right. Mayor Suarez: How many are we going to have after the reconstruction? Mr. Plummer: 506, Isn't It? Mr. Eads: Slightly over 500. Mr. Odlo: 506. - - Mr. Plumper: Yes. OK. Mayor Suarez: Why does the state of the City address that somebody drafted for me say that there is going to be 550 new slips, totally wrong? Maybe 550 total. Mr. Plug: That Includes the dinghies out on the other side of the Island. Mr. Eads: What we are saying, Mr. Mayor, Is we also under a rebuilding process to straighten out what we have got. Mayor Suarez: Yes. I know that has to happW to. Not, what about... since I sent out a mom, I might as well get a verbal reply. What about the famous engineering study and the 00YOany that went bankrupt and all of that? Mr. OdIo: WeII, that is what we are working... Mayo'Suarez: Are we using the plans that they drafted, hopefully. or...? leer. oe ITT: No, what happened is, we had to replace then with sow of the engineers that ".re working for Greenleaf Telesca, and that took time, and then, that is why we are finally on the besides progrmm ttmt we have. Upyor rez: The majority of the work that was done by these engineers? Is y that a fair statement? We are not wasting $400. (X)O. Mr. Eads: We are salvaging what we can out of It. r_ Rllilyor Suarez: And January Is the beginning construction, that Is what oMmissicaner PIumer... when 1s the beginning of construction? W. Don Cather: WeI1, I all actuality, we have already started some of the construction. We have gofi half of the electrical In already, we about ready to let a contract for the water and serer. We have done quite a bit of work 1n preparation, land -side to do this. Wyor Suarez: Have you noticed the great as=nt of construction flaking place Over there, Frank? Would you approach the mike, because 1, fram my office, I haven't heard too much construction taking place there. Maybe the electrical was Installed. W. Frank AIbrItten: My name Is Frank A1brItten, I run a saI1boat we have been there for 34 years. There has been various stages Of construction going on there. W. P l ui mer : A very what? W. Albrltten: Various stages of construction going on there. One is, as 1 understand It, the electrical, where they have the preliminary placement of the main feeder stations there, but I don't know what else Is going on. W. PIusmer: Well, but you have the cormercIaI side, what they are addressing Is the boaters, the renters, Isn't that correct? W. Cather: He is on the one, the far side, yes, right. Mayor Suarez: Yes, but you are talking about the entire marina, right? W. Cather: M. W. PILrmw : Oh, no, at this time they are not even addressing that. That c will be the last thing to be done. Mayor Suarez: Yes, but the entire marina, you... W. Cather: We are replacing these piles here for then, though. UnIdentifled Speaker: We are putting these steel piles In there. that your question, Mr. ? Mftw Suarez: I Just want to know when, Don. I want to know when. I have been here only ten months, but In those ten months, I keep hear I ng that the ftw vements are going to begin, and 1 Just don't see then, i mean, maybe they sort of are a lot more silent than I think.... lair. Cather: We I 1 , as I sa I d f ram the beg I nn I ng of the year, we expected to let contracts. Mvjw Suarez: Well, I said January, and you )urped back, like January was not the beginning of the year. W. Cather: Janiary 1 said that we were going to let contracts In September, it may be November . now, but we have a l ready started on the elilctr is a l , let that contract, we are now letting this replacement tile contract, spa that we can have this In good sNWe, and also the ability to move "W Other around. MoyW Suarez: You are right to get Into the electrical on thastt. That Is one of the more crucial things out there, there Is a great deal of ... 104 Wteymber 11, 1me Mr. Cather: Yes, and we are all set to let the contract for the sewer and water. Which has to be done before we can go ahead with the main marina. Mayor Suarez: And then the pilings will be In? Mr. C,'ather: These pIIIngs here, requested today are for the canmercIaI docks and for the Dinner Key landing there, the boat ramp. Mayor Suarez: OK, Item 68. Mr. Plummr: How much Is the bid for this? Mr. Cather: $87,000. Mr. Eads: $87,760. Mr. P I ummr : Move Item 68. Mayor Suarez: Moved, and almost seconded. Mr. Dawkins: Second It. Mayor Suarez: Moved and seconded. Any further discussion? Hearing none, call the roll. The following resolution was Introduced by Commissioner Plumper, who moved Its adoption: RESOLUTION No. 86-715 A RESOLUTION ACCEPTING THE BID OF EBSARY FOIADATION CO., INC. IN THE PROPOSED ANDINT OF $87,760.00, BASE B 10 PLUS ADD I T I VE I TEMS A AND B OF THE PROPOSAL., FOR DINNER KEY MARINA - PILE REPLACEMENT; WITH HOMES THEREFOR ALLOCATED FROM "DINNER KEY MARINA RFJND1/AT I ON/EXPANS ION" IN THE A%C(NT OF $87 , 760.00 TO COVER THE CONTRACT COST; AND AUTHOR IZIN3 THE CITY MAN64GER 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 Cannissloner Dawkins, the resolution was passed •i and adopted by the following vote - AYES: Commissioner Joe Carollo Com issloner J. L. Plunner, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 45. APPOINT INDIVIDUALS TO "CITY OF MIAMI HERITAGE OONSERVATION BOARD" (APPOINTED WERE: PERRY HOWARD. MARK REEVES AND CARLDS BATISTA) Mayor Suarez: Agenda Item 69. Mr. Rodr I guez : You don' t have any f I xe d ru I as, I n th 1 s board. In the past, the persons which are I eav i ng the vaciimles In a board, the first appo 1 ntm>tent on than was made by C i eta 1 oror Portz for Leas Sol I I nson , and that is one of the pos i t I ons that wolres now. Then appointnent for the bus L rass and f 1 nark I a I , I &N. Anga I a Cu Imrer, , . was mlad by Ciam I ss I otter Dawk I na. and the aWo I ntnwht for they c I t I zen was made for Noraah Shaaefor I n the past, and that was trade by Comm i ss I over P I u rmer . 105 Sit 11 w 1 Mr• Plummer: Who was mine? Mr. Rodriguez: You d I d Norah Shaefer, but In reality, when you look at the look at who moved In the past, It not IIke In other boards, In which each one of you selected two. The move doesn't follow that. It happens to be that those are the people you moved. There are three openings. One, on restoration, architect, and the list of names that you have there Include Carlos Sat I sta, Les Etc IIInson, which Is the IncLinbent, So Chase, and Car ldad Sala. In the business and financlal law, tyre Is an opening, and there are two nanves over there, Mark Reeves, and Gerald SIdweII. The Incunbent didn't reapply, which Is Angelic Culmer, and the In the citizens group, you have Carlos Batista, Les Bellinson, Sol Chase, Perry Howard, Mark Reeves, Carldad Sala, Norah Shaefer and Gerald Stilwell. Mr. Dawkins: I will appoint Howard. Mr. Rodriguez: Mr. Howard for the citizens? Mr. Dawkins: Is there a citizen open? Mr. Rodriguez: OK. Mr. Rodriguez: So you have now an appointment In the first group of restoration architect and architectural historian. Mayor Suarez: I will nominate Carlos Batista for either category one or three. Mr. Rodriguez: Three already... Mayor Suarez: Three has been taken, so I guess It will be one. executive director of the and quite familiar with this area. Mr. Dawkins: You need one more, J. L. Mr. Rodriguez: There Is an opening... Mr. Plummer: ,I have no choice. Mr. Dawkins: 1 don't have one either, i Just picked a name. He is the Mr. Plumper: What are the names on the second? Mr. Rodriguez: Mark Reeves and Gerald Stilwell. Mark Reeves is an architect- Iawyer on the firm of Sperber Shevin and Shapo, and Gerald Stilwell Is our vice-president with General Development Corporation. W. Plumper: I think he Is Mr. Rodriguez: 1 would too. Mayor Suarez: Not IIteraIIy, OK. Mr. Plummer: The board thinks he Is 1 noninate the lady. W. Rodrig uez: You have Mark Reeves end... = W. Plug: Mark Reeves Is not a lady? Mr. Rodriguez: Mark Mr. P I ur : Oh, M-a-r-k? Mr. Rodriguez: Right. Mr. Plug : And that 1s the architect? Mr. Rodriguez: That Is the architect. Mr. PIsimmer: WeII, i won't take him, but 1 wII1 nominate him. 105 Sept~ I I i Ism Mayor Suarez: We have three naninations. Make that Into the form of a motion? Mr. Ins: Yes. Mayo- Suarez: ? Ca i I the ro I I . The following resolution was Introduced by Commissioner Dawkins, who moved Its adopt I can : RESOLUTION NO. 86-716 A RESOLUTION APPOINT1N3 CERTAIN INDIVIDUALS TO THE CITY OF MIAMI HERITAGE CONSERVATION BOARD. (Isere fo 1 I owns body of reso 1 ut i on . om I tted here and on file In the Office of the City Clerk.) Upon being seconded by Oomnlssloner Plummer, the resolution was passed and adopted by the following vote -- AYES: Ccmnissloner Joe Carollo Commissioner J. L. Plummer, Jr. 0om issloner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ASSENT: None. 46 APPOINT H BER To CITY'S CODE ENFORCEMENT BOARD (APPOINTED WAS: GEORGE WESLEY PCWELL ) Mayor Suarez: Item 70. Whose appointment is pending?... Commissioner Dawkins. 1 think. Mr. Dawkins: What 1s that. the audit? Mayor Suarez: Code Enforcement. Mr. Rodriguez: George Powell. Mayor Suarez: OK, make that Into the form of a motion, and a second._ Mr. Plummer: 1 will second It. Who Is the appointee? Mr. Dawkins: George Wesley Powell. The following resolution was Introduced by Commisslover. Da kIns. who moved Its adoption: RESOLUTICN NO. 66-717 A RESOLUTION APPOINTIN3 AN INDIVIDUAL TO THE CITY'S OODE ENFOPCEMENT BOARD TO SERVE A TERM EXPIRIN3 FEBRLARY 10. 1969. (Here follows body of re olution, emitted here and on file In the Office of the City Clerk.) Leon be I ng seconded by Omm I ss I over P I urm)er . the reso I ut I on was passed and adopted by the following vote- 107 S►eptdi�bO1. 11. 1 1 AYES: Canmissloner Joe Carollo Carmissioner J. L. Plum er, Jr. ommlasioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. 40 i 47. APPOINT INDIVIDl1AL TO THE CITY'S AUDIT ADVISORY OCNMITTEE. NOTE: THIS NOTION WAS LATER AMENDED TO APPOINT ANA WGDA GUILLON. SEE LABEL 63) Mayor Suarez: Item 71, 1 belleve the appointment also is your appointment, Ommissloner Dawkins. OK, ommissloner Kennedy, too, apparently. Mr. Dawkins: I don't have mine �. I will give mine to the Clerk by tomorrow afternoon. Mayor Suarez: Do you have yours, Ccnmissioner Kennedy, or do you want to pass this Item? Mrs. Kennedy: 1 have mind, Jerry Robins. Mayor Suarez: Make that Into the form of a motion. Mrs. Kennedy: So moved. Mayor Suarez: So moved, seconded? Mr. Plummer: Second. Mayor Suarez: Seconded? Call the roll. NONE FM 'RE IV=iO: AT THIS POINT, THE ROLL WAS CALLED, AND THE CITY WN I SS ICN VOTED LNAN INDLISLY TO APPOINT MR . JERRY ROBINS TO THE AUD I T ADVISORY COMMITTEE: HOWEVER, COMMISSIONER KENNEDY LATER INFOR&D THE CLERK THAT SHE HAD APPOINTED JERRY ROBINS TO THIS VACANCY IN ERROR. SHE LATER FORMALLY APPOINTED AM MAMA GUILLEN TO THIS VACANCY. (SEE R-86-724) NOTE FOR THE RECORD: AT THIS POINT, AGENDA ITEM 72 WAS WITHDRAWN. i 48 • APPOINT W&Mq ON THE DAM OOLIN TY ALD i T REVIEW CDW I TTEE (APPOINTED WAS GEORGE KOt7NDE FL OR I DA I N'TERNAT I ONAL LN I VERS I TY ) Mayor Suarez: Item 73, Audit Review Canmittee. Mr. Dawkins: Dr. George Koonce, principal of Nortimestern Senior High School. Mayor Suarez: Dr. Koonce Is nominated. Do we have a second? Mrs. Kennedy: Who? Mr. PIumer: I am sorry. Mayor Wa,rez: Dr. Koonce. 1011 � , _ 4 3 r. 'Mr. Dawkins: merge Koonce. Mr. P1ummr: I second the mot Ion. Mayor Suarez: Moved and seconded, any discussion? Call the roll on the k appoIntrnent. { The following resolution was Introduced by Commissioner Dawkins, who moved Its adoption: ..} RESOLUTION ND. 86-719 A RESOLUTION DESIGNING AID APPOINTING A CERTAIN INDIVIDUAL. TO SERVE AS A MDMER ON THE AUDIT REVIEW OCNMITTEE ESTABLISHED BY DADE COUNTY ORDINANCE NO. 86- 8, ADOPTED .FEBRUARY 4, 1986, ENTITLED: "ORDINANCE ESTABLISHING AN AUDIT REVIEW OC WITTEE TO PERFOFIM AN A JAL REVIEW OF THE MIAMI-DADE WATER AND SEWER AUTHORITY DEPARTMENT'S BUDGETS AND SEGREGAT I ON OF FUNDS; PROVIDING AN EFFECTIVE DATE,"; FURTHER DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE CLERK OF THE BOARD OF COUNTRY QOMW I SS I ONERS OF DADE COUNTY, FL.Oi 1 DA . (Here follows body of resolution, omitted here and on file In the Office of the City Clerk.) Ton being seconded by Ccmnlssioner Plumper, the resolution was passed and adopted by the following vote - AYES: Ocmnlssloner Joe Carollo Upon be 1 ng seooncled by Ccxrm I ss I oner P I umper , the reso i ut 1 on was passed and adopted by the following vote - AYES: CcffmIssIones Joe Caro1Io Cmmissloner J. L. Plummer, Jr. Corm I ss 1 caner Rosar I o Kennedy V I cue-IVlayor M I l I er J. Dawk I ns Mayor Xavier L. Suarez 60. ACCEPT COMPLETED WOW: FRE CONSTRUCTION CCNPANY, IM. (EAST LITTLE HAVANA HIGH IMPROVEIVVENT - PHASE I (BIDS "C" AND "D" - H-4487) Mayor Suarez: Itan 75. Mr. Plumper: Move It. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll on item 75. The following resolution was Introduced by Cartmissloner Plumper, wt rroved Its adoption RESOLUT I ON NO. 86-721 - A RESOLUTION AOCEPT I N3 THE 031 PLETED V40RK OF FRE . CONSTRUCTION OOMPANY, IM. AT A TOTAL OOST OF $1,181.473.87 FOR EAST LITTLE HAVANA HIGMAY IMPROVB ENT - PHASE I - (BIDS "C" & "D") IN EAST LITTLE HAVANA H I GHKAY 1 MPROVe ENT DISTRICT H-4487 ; AND AUTHOR I Z I NG A FINAL PAYMENT OF S125,267.96 (Here follows body of resolution, omitted here and on ` file In the Office of the City Clerk.) Upon being seconded by Counissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: O=nlssloner Joe Carollo Ommissloner J. L. Plumper, Jr. Ommissloner Rosario Kennedy V i c e-Myor M I I 1 er J. Dawk I ns Mayor Xavier L. Suarez NOES: None. ASSENT: INWW. 110 S�it�k" 11 'I a nc,.4 3113-,.3fi3. 4�n_'3.S} 61. CONFIFtA ASSESWENT FIOL-L: BMNA VISTA H I GMAY I NFROVEMENT •- PHASE I - H- 4475. Mayor Suarez: Iten 76. Mr. Plummer: Move It. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll on Item 76. The following resolution was Introduced by Commissioner Plummer, who moved Its adoption: RESOLUTION NO. 86-722 +a 3l A RESOLUT ION OONr= I IN I NG ASSESSiVENT ROLL FOR CONSTRUCTION OF BUENA VISTA H I GHNAY IMPRt7VOVENT - PHASE 1 IN BUENA VISTA HIGHWAY IMPROVEMENT DISTRICT - PHASE I H-4475 AND REM3V I N ; ALL PEND I Fla L I ENS FOR TH I S IMPRCIVEVENT NOT HEREBY CERTIFIED. (Here follows body of resolution, omitted here and on file In the Office of the City Clerk.) Upon being seconded by Cannissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Caro IIo Cc m l ss i over J . L . Plumper, Jr. :. Ccmnissioner Rosario Kennedy Vlce-Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES:. None. ABSENT:, None. Mayor Suarez: We could use that system they have In the County for this, Oommissioner Plumper, for these kinds of things for unanimous resolutions. :J 52. INCREASE CONTRACT AND REDUCE RETAINAGE IN CONTRACT WITH NET CONSTRUCTION INC. (ORANGE BOWL JOIST REPLACOuENT - 1986) Mayor Suarez: Item 77. Mr. Plummer: I am still concerned on Itan 77, Mr. Mayor. Item 77 1s to cut dawn the retainage from ten percent to one percent. I Just have got to tell you. I am scared to death of It. r Mr. Don Cather: Well, the reason we are cutting dawn the percentage... Mr. Plummer: Well, I understand. It Is a minority contractor, and he can', get It. Mr. Cather: No, It Is not at a l i l The work Is om p l ete . s Mr. Plumper: Well, why would you cut down the retainage? Mr. Cather: BecAuse we shoo Id be pay 1ng It In fuII now, but he has had some more work to do, because of this S30,=. Mr. Plumper: Weil, no, no. We don't pay him In full until he is finished in full. Mr. Cather: Well, as far as his contract Is concerned, the work we contracted for, he has done that work, and he Is entitled to It. _ Mr. Dawkins: Mr. Cather. Mr. Cather: Yes, sir. Mr. DaW.Ins: This Is the third time you have been before the Cannission with ` 'ef= this, and each time this Carmisslon tolls you that we do not belleve that we should reduce the retainage fran ten to one percent. Now, do me a favor. I an not going to vote for It if you came here a hundred times. Do me a favor, ;. don't put me through this again. Leave the retainage at ten percent. Nov. that is my feeling. 1- Mr. Cather: Very well. Mr. Plurmer: And I did a... I move to deny 77. Mr. Dawkins: Second. Mr. Cather: Well, how about, If I may suggest sir, that we leave $3O,O00, and scratch out the reduction of the percentage, retainage. Mr. Plummer: Flaw much Is $30,000? Mr. Cather: This Is an extra amount, an Increase In contract of $30,000, and also a reduction In retainage fron ten percent to one percent, that is... give him the extra... Mr. Dawkins: What was his total contract? Mr. Cather: $429,000, according to... Mr. Dawkins: So, $429,000, ten percent of that is $42,000, so then ten percent of $30,000 is another $3,000, so you are talking about retaining $45,000. Do we have $45,000 In retainage? Mr. Cather: We have $43,000 In retainage. Mr. Dawkins: Well, you don't have $45,0001 So. there is no sense In us talking about anything about reducing it. Ten percent Is $45,O0O... Mr. Cather: We have already agreed that we are not going to reduce his retalnage at this time, even though he has canpleted that portion of the work. Mr. Dawkins: Right, and that Is $42,000 we are supposed to have In retainage. Mr. Cather: Right, now this Is... Mr. Dawkins: You don't have $42.0001 Mr. Cather: Certainly we do! Mr. Dawkins: All right! Mr. Other: We have the retainage now. Mr . Dawk 1 ns : OK. Mr. Cather: We have $43,000 In retainage right now. Now, we have to Increase his contract, because of his work. by $30.000. Mr. Dawkins: And ten percent of $30,000 Is $3,000. Mr. Cather: Ten percent of $30,000 Is $3,000, right. Mr. Dawkins: So. give him $27,000, and add the... Mr, utter: We will give him $27,00O, that Is fine. Mr . [ark i nsZ : And put the other $3,000 In... 112 ± " 11 1. Mr. lCather : We Always oo that - Mayor Suarez: OK ► he has -got It . He has got the $3 , 000. Mr. lather: But, the motion has got to be for the $30,000. We Will autom�►ticlly retain ten percent until the Work Is done. Mayor Suarez: All right, that Is built In now to make sure that It Is 2V autcmat l c . So moved. Mr. Dawkins: Second - Mrs. Kennedy: Second. Mayor Suarez: Seoonded, call the roll. The following resolution was Introduced by Ccmnlssloner Dawkins, who moved Its adoption: =' T 35. RESOLUTION NO. 96-723` RESOLUTION AUTHORIZING AN INCREASE I N THE CONTRACT AMOUNT OF $30, 000 IN THE CONTRACT BETWEEN THE CITY Cl: 2u � MIAMI, FLORIDA, AND MET CONSTRUCTION, INC., DATED MAY 16, 1986 FOR ORANGE�- - JOIST REPLACEMENT- 1986 ► SAID FUNDS TO BE PROM I DED FRDN "ORANGE BOWL STAID I UM FERAL OPERATING BUDGET"; FURTHER RATIFYING THE CITY 4 MANAGER'S WRITTEN FINDING THAT THE HEREIN INCREASE RESULTED FROM EMERGENCY C I RCLMSTANCES BY AN - ~{ AFFIRMATIVE VOTE OF TWO-THIRDS OF THE MEJ�BERS OF THE :. CITY COMA I SS ION, AND ADOPT 1 NG THE FINDINGS AND ALB I ONS SET FORTH I N THE PREAMBLE CIF THIS RESOLUTION. ham; (Here follows body of resolution, omitted here and on } file in the Office of the City Clerk.) .�s. Upon be 1 ng seconded by Cann I ss I over Kennedy, the reso 1 ut 1 on was .passed,,}, and adopted by the following vote-° AYES: Commissioner Joe Carollo CWmissioner J. L. Plummer, Jr. 00MIssIoner Rosario Kennedy vIce4Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. yti ()3. FOAL 1 ZAT I ON OF PREVIOUS MOTION APPOINTING A M 3 BER TO THE C I TY' S ALA I T REv I IB►d C" I TTEE . Mayor Suarez: Agenda Item 78. Mrs. Kennedy: Mr. Mayor, before we get Into another, on the AudIt Review C=ltt, my appointment IS Ana Magda Du11Ien, for the record. e� Mayor Suarez: Ana Cu I I I On. Sao moved. - Mr, P 1 u weer : For the Audit ern► I ttee , Mrs. Kennedy : So moved. �d9 _ 4 4 + L^.1 A RESOLUTION APPOINTING TWO INDIVID-ALS To THE CITY OF MIAM1 AUDIT ADVISORY COMMITTEE. (Here follows body of resolution, anitted here and on file In the Office of the City Clerk.) Upon being seconded by Cannissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Camiissloner Joe Carollo Camissioner J. L. Plumier, Jr. Camissloner Rosario Kennedy ViceA%yor MIIIer J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. FOR 54. APPFKWE SOURCE PLIFICFIASE - MAINTENANCE SERV 1 CES AND RELATES SUPPL 1 ES PHYSIO CONTROL LIFE SUPPORT EQUIPMENT. Mayor Suarez: Agenda item 78, sole source. Mr. Piumrer: Move It. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion from the Ommission? Hearing none, call the roll. The following resolution was Introduced by Ommlesloner Plumwr who moved Its adoption: RESOLUTION NO. SS-725 A RESOLUTION, BY A 4/5TH AFFIRMATIVE VOTE OF THE WEK13ERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEAR I N3, RAT 1 FY I N3 THE C 1 TY MANAGER'S F I ND I N3 OF SOU , WIA I V I N3 THE REQUU I RE ENTS FOR OCM PET I T I VE SEALED BIDS AND APPFIOV I Ni3 THE PURCHASE OF MAINTENMCE SERVICES AND RELATED SUPPLIES FOR THE PHYS I O CONTROL LIFE SUPPORT EQUIPMENT FOR THE DEPARTMENT OF F I RE, RESCUE AND 1 NSPECT ION SM ICES ON A CONTRACT ERAS I S FOR ONE (1) YEAR REN13VASL.E AN IAL.LY FROM PHYSIO COWF40L CORPORATION AT A PPOPOSED FIRST-t YEAR ' COST OF $24 , OClO.00 : AST I ND FUNDS THEREFIOR PROM THE GENERA. I" AND TELEPHONE FRANCHISE S TS ; AU1HOR I Z i N3 THE C i TY MANAGER TO INSTRUCT THE 041 EF PFCCLF43N34T OFF I CER 10 1 SSUE A PURCHASE ORDER FOR TH I S SERV 1 CE , SUBJECT 'TO THE AVAILABILITY OF FUNDS. (Here fo I I ours body of reso I ut I on, crn I tted here and on file In the Office of the City Clerk.) 114 111 z Upon being seconded by Carrissloner Dawkins, the resolution was passed and adopted by the following vote - AYES: Carm i ss I caner Joe Caro i 1 o Ca mIssIoner J. L. PIumer, Jr. OcaTmissloner Rosario Kennedy Vice Myor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. - ABSENT: None. NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMAISSION DEFERRED AGENDA ITEMS 79, 80 AND 81 UNTIL AFTER SPORTS AUTHORITY ITEM. 55. APPROVE PERiAANENT BERTHING OF AIRCRAFT CARRIER "USS SHAIVGRI-LA (CVA-38)" AT BICENTENNIAL PARK TO BE USED AS A SEA -AIR SPACE MUSEUM. Mr. Piumrer: Agenda Item 82, Shangri-La. Is the gentlemen... yes, there he Is. Mr. John 1annone: My Wane Is John 1annone, residing at 1640 Chestnut Court East In Palm Harbor, Florida, 33563. 1 am the president and chief executive officer of the ShangrI-La Museum Foundation. The, foundation Is a Florida based, not for. prof it eorporatIon, which has been working with the United States Navy, to basically take custody of the World War II aircraft carrier, U.S.S. Shangri-La, to refit the carrier as a museum, and relocate it to Miami as a permanent sea, air and space museun. All of the foundation documents... Mr. Plummer: Mr. Mayor, let me short circuit It. What he is asking for here today is If the Carmission has no objections, to send It to the Adninistratlon to negotiate a contract and bring It back to this Carmission for approval. If no one has any objections to expedite, I will so move. Mayor Suarez: Sometimes It helps not to speak up too much here. Mr. Plummer: We1I, Mr. Mayor, excuse me. I happened to walk into a meeting In the City Manager's off Ice before, so I am we11 versed on this thing. I have quite a few of the particulars. 1 stIII have some questions, but all they are asking today is to approve In principle to send it to the Administration, to sit clown and negotiate out some kind of a contract to bring back here for final. I so move. Mrs. Kennedy: Second. Mayor Suarez: Moves! and s000nded. MY only question Is how did it get a name like that, a Naval ship? Mr. iannone: I can teII you that, Just one quick story. In 1942, when General Jlmry DoIitt1e took off the decks of Hornet with S-25 barbers, he — ra i deal Tokyo, which was very much of a shock at that time. because no one be l i evead that air carrier cou l d get that close to Tokyo. The press Corp I n Washington had asked President Roosevelt where the aircraft came from, and his am was that they cam f ran our secret base in Shangri-La, which was the James Hilton's "Last Horizons" location. Mayor Suarez: Very good. t Mr. Dawkins: My concern 13 the saner, where 15 the money? ' bI rr;, Mr. tannone: Well, that Is part of what 1 was going to address. Mr. Carollo: The money Is in Shangr i---I..a. Mr. Mwklns: 1 ran, the money for the total whole project. Mr. lannorm: The money for the total project would not... would be private raised tom% of nature of 6320, which our Bond Counsel, I believe, has dlsmssed with the City's attorneys. W . Dawkins: We as Black people, we don't have no hotels, so when casino pambI1ng comes, we are going to use the ShangrI --La as our casino. Mr. .lack Ends: Mr. Mayor, this was done under the premise that there would be no expense to the City in this project. There would be a rate of return to the City, and... Mr. Plummer: And there Is also one existing right now In New York. Mayor Suarez: Call the roil. Mr. Eads: Also, Mr. Mayor, the memorandum that you have In front of you specifically suggested Bicentennial Park. That location Is flexible right now. We're certainly not hung up on that location. Mr. Carollo: Well, why can't we use Watson Island for a good purpose, finally. Mr. Eads: That Is a definite possibility, Commissioner, and we... Mr. PItmner: Joe, they will not put the guns active on Watson Island, don't worry. Mayor Suarez: Call the roll. Mr. Caro IIo: hold on before we go Into the roll. You said in the memorandun. It specifies specifically, Bicentennial. Mr. Eads: Yes, sir. What I... Mr. Carollo: Why are we pushing Bicentennial, when... Mr. Eads: We are not. My point was we... that was on our first Impression and looking at It, based on Mr. lannone's cammnts, that we sent to you.. After we looked at It a second time, we think there Is a possibility of Watson island, and maybe even a greater possibility, and we are going to explore that and when we oame back to you with the package, that would be addressed. Mr. Caro IIo: What do you require from the CcmnIssIon right now?... the first step you want us to take? Mr. PlLrmver: Approve it In principle Is the motion, to send It to the Administration and negotiate and come back with a final contract. W. Carollo: In principle. Mr. Plummer: Yes, sir. Mr. Carollo: Which means that we are not committed to anything. Mr. Plummer: Nothing. Mr. Eads: Absolutely nothing. Mr . l annoy: That's r 1 ght . Mr. Caro IIo: They have no vested rights In anything. Mr. Plummer: Nothing. 11e Mr. Caroilo: What we are doing Is, asking the Administratlon to go over It for this Cc mission then to study It. because I certa.InIy have not, and I'm sure the ether meters of this Oonm l ss i can have not had the ample time, opportunity, Infomrntlon to thoroughly go through this whole presentation. Mr. Ends: Yes s1r, that 1s correct. Mrs. Kennedy: And then you will come Lack with all the details of concession revenues, and insurance. Mr. Plummer: That Is what the Adnlnistration will oa, back with. Mr. lannone: That's correct. Mr. Caro I10: And what the City Is going to make In return. Mr. lannone: That's correct. Mr. Plumrer: Exactly. Mrs. Kennedy: Exactly. Very good. Mayor Suarez: Any further discussion? Yes? Mr. Caro IIo,--=You are looking at approximately what, five acres that you need all together? Mr. lannone: Yes, sir. Mr. Caro IIo: Do you have any Idea, off the top of your head. what the City can make... Mr. lannone: I do, but 1 don't think I could really say, because the Touche Ross Corporation would be doing feasibility studies, and I can't give any figures before they give figures. You know. I can show, if the Ccmnission would like, a quick rendering, which would show you the siting of the ship, and haw... Mr. Carollo: Yes. Mayor Suarez: I presume you do Improvements of the area around the ship, r i pht? NAIL I BLE BACKCPaM CCKfA3 ) Mr. lannone: Pass the word. Mayor Suarez: CaII the roll. Mr. Iannone: Mr. Mayor. Mayor Suarez: Yes. John, I'm sorry. —: Mr. John Thomas: One quick question, or actually a cannent. John Thomas from the War ine Council. This Is an Interesting project, It does affect the waterfront. We would again ask that It go to the Waterfront Board for sane discussion by the marine community. Mayor Suarez: No problem. 1 would suggest taking It up right at the very The following motion was Introduced by Canmissloner Piummr, who moved its adoption: MOTION NO. 86-726 A NOTION APPROVING IN PRIWIPLE A REQIMST RECEIVED FROM REPRESENTATIVES OF THE SHANGRI-LA MIJSELM FOUNDATION FOR PEFWENT BERTHING OF THE WORLD WAR 11 AIRCRAFT CARRIER LISS SHANGR1-LA (CVA-38) FOR USE AS A SEA AIR SPACE WSELM AT BICENTENNIAL PARK; FLIRTHER REFERRING THIS REQUEST TO THE ACMINiSTRATION TO NEGOTIATE A CONTRACT AND M BRING IT BACK FOR DONS I DERAT I CN BY THE OM" I SS I CN . Upon being seconded by Ca:m i ss l oner Kennedy, the motion was passed and adopted by the following vote - AYES: OommIssIoner Joe Caro IIo Corm I ss i oner J . L . P 1 u rmer , Jr. Ccammissloner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. ON ROLL. CALL: Mr. Carollo: In principle only until further review, yes. - Mayor Suarez: Thank you for your presentation. 56. REFER TO CITY MANAGER FLWIN3 RE01JEST FROM THE "COUNCIL FOR INTERNATIONAL VISITORS OF GREATER MIAMI -" Mayor Suarez: Item 83. Proceed. Ms, Mary Price: Thank you. Good afternoon, I am Mary Price, the executive director of the Council for International Visitors, and I am here on behalf of our board. many of wham are represented In the last three rows here. OK, we are asking for a renewal In a sense, of our last year's contract with you, which was for $15.000. I say In a sense, because In this way we would like to change our request. We are requesting $20,000, but not as a giveaway, because we quite clearly know that the City cannot support everyone and everything. What we are asking from you Is an Investment In what we are bringing In, in terms of revenue. We have figures which 1 forwarded to you, of approximately $1,400,000, that we expect to generate, based on historical evidence and six months projection for this year. We also are bringing In another $500,000 In revenues that Is related to an outreach program that we are doing, with bringing In conference programs fram our non-tradit1onaI sources, which is a new thing for us this year. Also, after discussions with Mrs. Godoy and Mr. Gilchrist, we have planned scene strategies for specific ways that we could supplement staff activities In terms of the things they are now doing In business development and with their International visitors. Business — development Is srmething that we are covering on many fronts, with the Florida/Africa Trade CounclI, with the International Center of Florida, with the Miami Design District Association, so In light of the generation of revenue that we Intend to produce and have produced In the past, and In light of the business development activities and supplementary staff activities that we Intend to pursue, we would like to ask for your Investment of $20,000 In the work that we would Ilke'to perform for you under a specific contract agreement. Mr. Kenneth Most: I am Kenneth Most, the president of the Council for International V i s i tors . I'd just I Ike to add ci ftw wards on beft i f of the marshIp. We are one of scme 90 CJaunc1Is for I nternat I on& I VIsItors In the LIn I ted States. Th I s I s the news I etter produced by this Nat I ona I Courrc I I , and because M l am i has Its own Oounc l 1 for I rater nat i ona I V 1 s i tors , the United 116 September 11, 19 ------------------- States Government, through the U.S.i.A. and other agencies programs visits by :International visitors from governments, frcm the media, fran the civil service entries to Miami, and this not only has the result that it leaves considerable want of dollars in the pockets of Miami's travel Industry... Mr. Pluwmr: Sir, how many requests did you have fran the City of Miami last year to entertain International visitors for us? Mr. Most: Let me ask our director, Mary Price to respond. Ms. Prig: 1 have to respond to you very candidly and say few; however, that was the purpose of my visit with Mrs. Godoy and with Mr. Gilchrist, so that we could establish a strategic plan for... Mr. Plummer: Well, you know, the ImnedIate question has to be, what did you do with our $15,000? Ms. Price: Your $15,000 was given to us last year on the basis of paying a percentage of our expenses, and were, of course, always open to any requests. Mr. Dawkins: Mr. Mayor, has this been reviewed by the Achninistratlon? Mr. Eads: No, sir. Mr. Dawkins: I'd !Ike to make a motion that this goes to the Administration and the Administration bring back... Mr. PIunner: Well, excuse me... I'm sorry... Catmissloner Dawkins, that is fine. Mr. Manager, there is a policy of this Camnlssion, that none of these Items get on the agenda without you first reviewing then. Mr. OdIo: Sir, this Is a personal appearance, they have a right to appear here, and they... Mr. Planner: Not If they are going to request funding! Mr. Odlo: I didn't know they were going to ask. Mayor Suarez: We have a right to refer back to the City for... Mr. Plumier: But, all we are doing is delaying these thingsl Mr. Dawkins: It says right here though, Mr. Manager, to request funding Mr. Odlo: They never came to us. Mr. Dawkins: Well, they had to put something on... you had to get a letter of same kind. OK, somebody In your office... Mr. Odlo: Am I to understand that I am to refuse then a personal appearance until we meet with them? Mr. PILmmr: Well. why not, because you are saving then time by doing that. Mrs. Kennedy: 'You are saving that time for then. Mayor Suarez: Encourage there strongly to go through the process rather than make a personal appearance, although, you don't lose anything by a personal appearance, we are happy to hear from you, but... Mrs. Kennedy: Let me Just say, that as a former member of this organization, I am aware of the tremendous work that they do, and I suggest, 1 move to send It to the City Manager for further review, and then come back to us. Mr. PILOrmer: And not just fran City funding, because there Is funding from the ibst Commltt6a, which now has $350,000. There 1s funding from the T.i.C., which has almost $S.ODO,000. Thane Is still funding frog►► the T.D.C., which has ffoney, so I aim saying, to use the flexibility, that this City doesn't have to pick up the tag in Its entirety. 119 septemlw 11, low Mayor Suarez: As a ratter of fact, 1 see Bill Beyer back there, and I believe you are on that marketing camilttee, are you not, for the Greater Miami Business and Convention Bureau, which Is the one that allocates the money, unless they change their minds rafter... OK, and how much money do they have now, CormIssIoner Pl r? Mr. Pl r: About $6,000.AO0, right now. Mayor Suarez: A year to allocate to the promotion of Miami. Mr. P I unmer : Yes. Mr. Most: Thank you. Ms. Price: Thank you very much. Mayor Suarez: Thank you for your presentation. NDRE FUR ME AGENDA ITEM 84 DEFERRED PER REMXST OF MR. MARTIN FINE. 57. REFER BACK To CITY MANAGER, FOR FURTHER REVIEW, OLI *AJN I TY REM ESTS BROI.K3HT LIP BY THE LAT I N QUARTER ASSOCIATION. Mayor Suarez: Item 85. Mr. Plumper: Who is here fram the Little Havana... who wrote the letter? Mrs. Kennedy: Ketty Gort? Mr. Plummer: 1s Willy Gort here? Mrs. Kennedy: There she is. Mr. Plumper: Are you going to represent the... Mrs. Kennedy: ... the City Manager... Mr. Plumper: Yes, that Is what It Is. Mrs. Kennedy: I know that you men think of Willy, but Ketty is the president of this organization. , Mr. P i t, nT er : No. I th i nk of W i l l y. because he wrote the I etter of request . Thank you Mrs. Kennedy: My letter Is signed by Ketty. Mrs. Ketty Gort: Good afternoon, my name is Ketty Gort, frcm 1602 S. W. 8th Street. 1 am representing the Latin Quarter Association and their president. I an here on behalf of a I I the merchants. i atn president of the Little Havana. what do I want, what do we want. the peop I e f ram Ca I l e Ocho? We want and we need a completely new change of Image, and we are asking for the help of the City of Miami. In specific, we want to Improve the security so that we can be... Mr . P 1 ter : Has this been reviewed by the Manager? Ms. Gort: 1 don't know. Mr. P l urier : Has this matter been rev i ea red by the Manager? Mr . Rodriguez. i am sorry, I m I ssed the crest i on from you. 120 Mr. Plumner: Third time, has this matter been reviewed by the Manager? Mr. Rodriguez: The personal appearance? We don't know what they are going to be talking about. Mr. Plummer: That Is exactly the point I ran trying to make. I make a motion we refer it to the City Manager. We are just wasting people's time, and It has Sot to io to the Manager to find out exactly what they want, haw much is It going to oast, do we have the money, and these are questions that should be answered before people ever cam here and have to take up their time, fully knowing we have got to refer It the Managerl Mr. Dawkins: How long have you been here, Mrs. Gort? Mrs. Gort: In here, sitting here? Mr. Dawkins: Here, yes. Mrs. Gort: About an hour or so. 1 don't cane here to ask for any money. Mr. Dawkins: No, no. Mayor Suarez: Just give us an Idea what It Is about, because what he Is pointing out Is that you shouldn't have been sitting here when you should have gone through the City Manager... Mr. Plummer: Fully knowing where It Is going to go. Mrs. Gort: 1 am sorry, I didn't know that. Mr. Plummer: No, we are not blaming you, no, no! Mr. Dawkins: it Is not your fault, at alit Mrs. Kennedy: It is not your fault, Ketty. Mr. Plummer: I have a motion on the floor. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Before voting on It, 1 just want to knav, what Is it that you would be asking generally, so we would know, so long as you are here. Mrs. Gort: In general, we need the help of the City of Miami to Improve the Image of Little Havana. Mr. Dawkins: CK. what she Is asking for Is, they are desirous of changing the Image. They need supportive services. They need some service from the Planning Department, they need. something from the Zoning Department. They need for staff to sit down with them and tell then what they are trying to do, that is all she Is asking for. Mrs. Curt: Yes, that Is aI1. We are asking for, Mayor Suarez, please, we wou 1 d 1 I ke to reclu I re a code enforoament of the Tower mov I e house. We have been over here for over three years and there I nothing. The/ are never here, we want, you know, to do something about that. a Mayor Suarez: Very Interesting. Do you know who the owner of that property Is? Mrs. Gort: I think it is Mr. Toledo, I am not sure. Mrs. Kennedy: Ketty, 1 arm sorry, we were talking to the.Nlantsger. What property are you talking about? Mrs. Gort: The Tower, right on the corner. Mrs. Ke nrwdy: Cat, the Tower Theatre, yes. Mr . P 1 urrmer : Oh, Worretc o, owns I t , don't they? 121 Mr. Rodriguez: No, I believe It Is owned by Mr, Nester Toledo, and It is one Of types which I... excuse me... not Toledo? Mayor Suarez: Nester Toledo? Our Nester Tot? Mr. Rodriguez: ND. Ernesto, and 1 believe It Is one of the sites which Is being considered In the market analysis of the area that might bring a possible mixed use faclIIty In the area that wiculd have parking and so on and so on. Mr. Planner: Sergio, I am going to ask again. mid I am going to continue to ask -- has there any approach been made for any kind of funding to use as a spark plug to start that thing off? 1 said to you before, and I am going to continue to say, to establish a district with no money, you are never going to acocn,rIIsh anythIngI Now, you know, there has of then got to be some way we can apply for saw Federal money, saw kind of a grant, or the Olty has got to take and put some money Into It, but you Just can I s I t there and establish a district, give It a name and expect miracles to it is false hope. Mr. Rodriguez: OIC, the concept that was approved by you, and that 1 believe has been very suocessful with the Latin Omrter, has resulted In more confidence in the area and since the starting of the progran In 1985, there has been approximately $15,000,000 of private Investment In the area that we didn't have before. Now, In relation to whether there has been any other Improvements, the f$st step that we have now Is this market analysis that is being done by the Off -Street Parking Authority, to try to bring a possible R.F.P. to the area, that might bring a develconent of a mixed use type that will have... Mr. Plummer: Sergio, you are missing cmpletely... Mr. Rodriguez: OK. Mr. Plummer: Sergio, there had been no strut Improvements. There had been no sidewalk Improvements. There had been no fighting improvements. I am talking about those things normally provided by the local governfnent. There had been no amenity improvements at all. Mr. Rodriguez: But, there has been, sir. Cal le Ocho has been full of Improvements In s I dwa I ks and In the street lights. <� Mr. Plummer: That is one streetl Mr. Rodriguez: Well, let me finish. Avenue... Mr. Plummer: Have you seen 17th Avenue? W. Rodriguez: Well, that Is part of the NWrovanent that has been made. Mr . P I ummer : No. sir, that Is not part of tb0 Latin, . because that 13 Dade County and that has been proposed for five ySWs. You are Just taking It and crediting that onto your account. Mr. Rodriguez: No, we, and when 1 say NW, t on spaying we all collectively. .Mr. Plummer: Sergio, 1 On telling you, If you don't get an Infusion of dollars to put In the amenities to Upgraft thg area, private developers are never going to go In therel You know, you Cp and drive that thing as I do, every day. I drive through that every day. 1, as you know, have a business In that area, and I want to tell you sunifting. 1 don't think people would want to invest In the edition of the strefts, the horrible parking. I mean, the struts today. you have got v'ax"k I re an both sides, you can hardly negotiate the struts. Your lighting is OW. You know. the conditions are deplorable. NOW, where are you going to gilt,.. look, I guarantee you, if you go In there and you put scme ammitlas In terra, a developer Is going to look and say. "Hey. you knew. maybes It has got WAgnt Iai I" But. I don't sw any of that movement. I saw your beautiful roftftri#V for 12th Avenuu and Flag 1 er with the fountain, and all of that, and I jWft to toII you, for three years, it has got more damn dust In your of f i cafe thim anything e I se there. 1 Septomrb er 11. low Mr. Rodriguez: Well, since you are asking us to go back, we were going to go back with our rat for funds for the area, specifically addressing the Issues that you have mentioned, and see If you can get the money sanewhere, and help us In finding It. 1 aim sure we will work with the people from the area, and they will have a list of things that they want to loco In the area, and we wi I I k back In the Imned i ate near future with all of those, and... Mayor Suarez: What about 12th... Just out of curiosity, what about 12th Avenue and Flagier? Is that company Just wanting to stay there7 m they don't..... Mr. Plug: Who, Firestone? Can I tell you Firestone has spent almost $300,000. They put In a false ceiling, they painted. W. Rodriguez: We tried to convince them otherwise, but they are the private sector. It Is either we buy them out, and we don't have the money, or we have to let them do It. We do have though, a lot of different private sector Initiatives In the area, that If you were to go to the area now, you go, and you know, there have been In the area a lot of improvements In the last one year. Mr. Plummer: Hey, there are some features there, the thing went Into the Howard Johnsons at 16th and Flagler, we don't know If It Is going to be rented. I've got to tell you, they put In sane damn nice stores there. Mr. Rodriguez: Right. Mr. Plummer: The has put in a new flower shop. He had to. He had to move out where the hell he was, he Just across the street. Mr. Rodriguez: But, this is nice. Mr. Plummer: Well, these are the kind of things I think that you would really get score results if you had the amenities In place; and I say to you that that Is the best thing that this City could do, Is address upgrading streets, upgrading lighting, you know, curbs, sidewalks and gutters. Mr. Rodriguez: If 1 may add, through, one of the concerns that Mrs. Gort has been addressing In the meetings that we have been attending Is the fact that they have a poor Image and caused by the perception of crime in the area, and lack of cleanliness, and think score of those things are being addressed now by the different departments and there has been a real effort In trying to correct then. There Is so much, I guess we can do, from an Administration point of view In changing that over night. Mr. Plummer: Show me an area of this City where that perception doesn't exist, and 1 say, and underline the word "perception." You weren't with us the other night at 34th and the Boulevard. Mr. Rodriguez: Well, I was at the Om Venetian meeting on Tuesday night, I believe, and it was the same problem. Mr. Plummer: OK, so we are going to send it to the Manager to Investigate and ccom back to this Om m1ssIon. Mrs. Gort: CK, Commissioners, I want to thank you, because I see you have been doing the talking for us. Mr. Plummer: Well, I for one apologize for you having to sit here for an hour and one-half when we knew this was what was going to happen. Mrs. Gort: Well, It doesn't matter. 1 will be back, thank you very much. SOptelmbetr 11, ISO gib. PERSONAL APPEARANCE: M1RIAM DOER TO DISCUSS HER LITIGATION AGAINST THE CITY. Mayor Suarez: Agenda I tern 86. Ms. Donner. Mr. Plummer: I've got one. Ms. Mirlem Donner: I gave a copy to Mr. Plummer. I gave a copy to Mrs. Kennedy. Oh, 1 gave a copy to Mr. Kennedy. Oh, my name Is Miriam Donner. Mayor Suarez: Mr. City Manager, please, let's... OK, get a little closer to the mike. Ms. Donner: Right, I gave It to the Mayor. Mayor Suarez: You are large and you occupy a lot of space there. Ms. Donner: And 1 gave a copy to Mr. Dawkins, and 1 didn't give to .foe Caroilo because he looks like he is not Interested, because he is not here, and I gave a copy to Carmissloner... Mayor Suarez: Plurmer. Ms. Donner: Plummer. Mayor Suarez: You have pending litigation against the City, do you not, Ms. Donner? Ms. Donner: Yes, I have. The incident occurred In 1975. 1 wrote a letter to set a City CQmnrlsslon meeting. In the past, I wasn't successful. Mayor Suarez: What do you want from us, If 1 may be so specific and blunt as to ask? Ms. Donner: I want to get the same treatment that any other case that you treat. Mayor Suarez: Other people who litigate against us don't cane to the City Commission, they go to court, because they are In court litigating against us. Ms. Donner: They go to court and to the City Ommissloners. If -you look at your record for the last few years, frcm 1975, you will find that many, many cases, even most of the cases, came to you to resolve the situation, and particularly, what happened hare, the Insurance companies that are Involved, they are no longer Insuring the City of Mlaml, and In the meantime, the City of Miami... Mayor Suarez: What is your basic claim? What Is your basic claim against the City? Ms. Donner:— wasting taxpayer's.... excuse me? Mayor Suarez: What Is your claim against the City? What do you want the City to do? Ms. Donner: Well, to put pressure, after 1 learn frcm the public record, that It was a lot of unethical things done by the Insurance company... Mayor Suarez: Put pressure on wh m to do what? t. Donner: On the Insurance oorpany to make an end to the litigation, because It causaid me to be sick, and I W I I I take accountable a I I of you paop10 and re sr ons i b l e for ay health. Mayer Suarez: The litigation you started caused you to be sick? Ms. Donner: If einyth i ng hams to my health, wh i oh so far, for the last few years. that Is what happened. You all will be responsible, and I will Intend then to go and file a lawsuit. 124Sit 11, # Mayor Suarez: How can I be responsible? You haven't even told me what It is that we did to you. Ms. r: i put It In writing, and you don't give me a chance to read it. Mayor Suarez: 1 tried to read what you wrote and I can't make any sense out of it. What did we do to you? Ms. Donner: You didn't have a chance to read what I just handed to you. Mayor Suarez: Well, what I had already In my agenda packet here, I couldn't make anything out of It. Can you Just briefly tell us what It Is? Ms. Donner: Briefly Is that we need the City to go to the Insurance company, the crooked Insurance canpany... Mayor Suarez: And to tell them to pay you sane money Ms. Donner: And to tell them to pay me what 1 am entitled to, and treat me equally like anybody else, and not to torture me in different things, and go to the judges and ___®__s_oattnunications, because there are... Mr. Plummer: How much are you asking for? Ms. Donner: Well, when I opened... I asked the City to tell me under oath how much money Insurance they had. They claimed they had only $100,000 insurance. Then. 1 find out In the public record that they had $6,000,000 Insurance, so... Mr. Planner: My question Is, how much are you asking... Mrs. Donner: No. the Idea Is we are dealing here with people that are conceaIIng this Insurance, and If I would be entitled to the $6.000,000, they wouldn't conceal Itl Would you consider anything... Mr. Plummer: How much are you asking for? Mrs. Donner:... Would you conceal anything, If you know that I'm not entitled to It? Mr. Plumper: 1 wasn't arrested. How much are you asking for? Mrs. Donner: Whatever the Insurance policy requires for each occurrence, In addition to the damages. Mr. Plummer: And how much Is that? Mrs. Donner: So far, 1 find $6,000,000, but... Mr. Plummer: So, you are asking for $8,000,0007 Mrs. Donner: But, let me explain to you, there Is a lot;of.,. Mr. P I uurtmer : I f 1 am go I ng to wr I to you a check r I ght now, how much do you want me to write that check for, that you would settle and say, "Amen?" Ms. Donner: That Is a good Question. Mr. Plummer: Well. there has got to be a good answer. Ms. Donner: But, the answer Is, 1 would settle for the $6,000,000. Mr. Plummer: I can't write you a check In biankl Mrs. Donner: I would settle for the $6.000.000, and forget about everything else. Mr. PIumTer: You w I I I settle for the $6,000,000. 0K. Now. Iet we ask you, what were you arrested for? Ms. Donner: For picketing a car dealer that cheated me. W. PIummer: Excuse me? Nis. Donner: For picketing a car dealer that cheated me, and Instead... W . Piu comer: For picketing a car dealer that cheated you. W. Donner: And Instead of putting him In ,jail, they put me In Jail In an air conditioned cell, for about five days I was jailed and most of the time I was with no clothes and with no cover to cover In an air conditioned cell. W. Plur►mer: You had nothing to do with a bus? getting off or on a bus, downtown? W. Donner: What do you mean by that? 1 had my own car. I got cheated by a car dealer, I paid cash for a '71... W. Plummer: So you were arrested for picketing. Ms. Donner:... and the police told me the car W . PILmner: You were arrested for picketing? Nis. Donner: For picketing, which Is my constitutional... lWr. Plummer: Is that the charge that was leveled against you? Nis. Dormer: They charged me with a misdemeanor. Mr. Plummer: Well, what misdemeanor? Nis. Donner: They charged for picketing, and there Is no such charge. W. Plummer: Have we got a law that says that you can't picket? Mrs. Dougherty: No, not that I know of. Ms. Donner: No, It Is the 1st and the 14th amendment of the constitution, the freedom of speech. W. Plummer: Are you sure that Is what you were charged with? Nis. Donner: I was charged with a misdemeanor. W. Plummer: Well, what was the misdemeanor? Nis. Donner: There was a breach of peace... you know they have two names. Mr. Plummer: 1 think there Is a little bit more than what you are saying. Ms. Donner: Well, there Is no more. The pollee officer testified that I did picketing and based on his own testimony, the criminal charge was dismissed. Nlr . P I um *r : We l l , you know, very s imp l y, I don't know how we can to l l our Insurance coMany, "Hey guys, pay her.,, Ms. Donner: But, If you should know that your lawyers are doing unethical things. W. P l utmer : but, you didn't sue us, you sued the Insurance ce c oMany. Ms. Donner: Wait a minute, I am suing the City of Warm. Mr. P I r : Oh, 1 ate► sorry, 1 thought you... . Donner: And I am suing the Insurance company. Mayer Suarez: OK, very qu1 ck I y . what Is the rac;eammyendat 1 on of the . C l ty Attorney? Ws. Dougherty: W. Mayor, we have Insurance. As you know. we don't now. but at the time that this I nc i dent occurred In the ' 70's, we had Insurance. We 1$ tfr 11, I & �r r - have Insurance defense oounsel representing the City, and I suggest that we not get involved, because 1f she does win, they have to pay. Mayor Suarez: Do you happen to know If up to now they have reocffmnded any _ kind of a settlement? Mrs. Dougherty: I don't know. Mayor Suarez: We w I I I have to ascertain that. Ms. Donner: Waa 1 t , no .. . Mrs. Dougherty: And that settlement wouldn't came to you. They would pay directly. W. Conner: Well, generally, what happens to many cases If you look back at the record, you w I I I see that the settlement Is done by the City Commission, even though a ease Is pending In the court. Mrs. Dougherty. Not for Insurance cases. W. Donner: Yes, yes, In the past that was done. What about LeFleur, what about MoDuffle, what about all of the other cases that are In your agenda? Look at that very carefully, and you will see. Mrs. Dougherty: McDuffle was a Dade County case and they did not have insurance. Ms. Donner: What about LeFleur? Mrs. Dougherty: Dade County case, no Insurance. Ms. Donner. Dade County, OK, so I have other names, If you want, I will go over and 1 will start researching, and l'II show you one by cme. that you are sett ing cases after my case, even though you know that mc1l/ Case I stronger than these cases. By the way, the McDuff le case. as far as 1 understand, the criminal charge wasn't dismissed. In my case, the criminal charge was dismissed. �. W. Dawkins: Madam... Ms. Donner: They took their own testimony Fran the police officer. Mr. Dawkins: Madam CIty Attorney, what Is your professional advice to this (: Ccam i ss 1 on? r. Mrs. Dougherty: To not Interfere with the Insurance counsel in the pursuing of this case, and have her pursue the case In court instead of before the City Ommisslon. _ Ms. Donner: i am objecting to that. i noticed a letter... W. DawikIns: OK, now, so In other words, you are saying that we can ask her to go and settle. and whenever they settle, cans back to see us, so how should I... what should 1 tell her? Ms. Donner: i am objecting to that. ' Mayor Suarez: Wait a minute, you are not the one being asked. Ms. Donner::. Mrs. Dougherty: There Is no requirement to oa, back here. 7? Mr. Dawkins: Ma'am? A Mrs. Dougherty: There Is no requirement to cam back here. This Is one of the rare oases, the only one In which I have ever been Involved In, that there Is Insurance age: therefore, the Insurance ourvany would have to pay any Judgerient that the court awarded. and I suggest that she pursue her claims 1n . the court. . Donner: Mada mm C I ty .. . 127 ,� t Mr. Dawkins: And If she goes and... so any redress she has, take It to the courts, and not to the City mission? Mrs. Dougherty: Insurance many, insurance counsel, or the courts, yes. Ms. Donner: I vin ob Jett 1 ng to that. ter one, did you ever saw any cases where the defense attorney that was hired by the City of MIxnI, the law firm of Puller, White and frnatt, the name of the attorney that was representing my case was Phil Knight.. He wrote a letter October 15, 1676, writing to the Insurance c anpany, and he 1s telling then like that a that Governor Graham has recently appointed me 1n the circuit court bench. As such, I would be leaving the fIr4n on October 31st, Inasmuch... wait a minute. Mayor Suarez: So you are saying the attorney that was acting for the City became a Judge? Ms. Donner: He became a Judge, and now he says, he's stating here, "This Is atie case that I assure you t wit follow closely." Is that ethical? All the lawyers with a public record Is ethical? Did you comply with the mandamus? That Is over a year! That Is what 1 Just gave you. I should sit and read to you what 1 Just gave you, the page with the attachments, so you will see that 1 know what I am talking about. You are In violation of the public record law, over a year of, you know... you are doing a lot of unethical things, Illegal things. You let other lawyers outside hire, and... Mayor Suarez: You are talking about because we won't tell you how much our Insurance coverage was, Is that what you were saying? Ms. Donner: No, the Idea Is, you are doing so many hanky panky things, that It is... Mayor Suarez: Well, that will stop. MS. Donner: 1 mean, It is unbelievableI 1 mean, unethical things, 1 was able to prove cannun I cat 1 on with about ten judges. 1 was ab 1 e to prove Now, Judge PhII Knight Is going to sit there watching my case Do 1 have any chances, number one. Number two, the torturing with the public record, and here you promised me the public record. Anything I want, 1 can get It. In open court stated It and then he changed his position and... Mayor Suarez: Ms. Donner, you are going to have to continue it In open court. Ms. Donner:... then he changed his position and he says, "No, 1 am not giving that to you." Is that ethical? Mayor Suarez: Well, that Is what the Court systen is there for. Ms. Donner: Everything Is done unethical. That Is a torture, that 1 have been tortured because all of these people 'that are Involved are doing t unethical things. Mr. Plum>Ier: Miriam, you are no different today, In frost of this Caynlsslon, than you were a year ago! Ms. Donner: WeII. I am. I am. Mr. Plummer: Now, you keep coming back. 4 Ms. Donner: Bemuse that causes! me Internal bleeding, and that Is why l go... Mr. P1LMner: But you are torturing yourse1fi Ma. Donner:... that is why I an going to put you all In... Mrs. Kennedy: How much money are we talking about? Mr . P 1 ur r : S6.000. tom. W . PIurmear: I asked her, she said $6,000,000. 128 Ms. Donner: The policy says for each occurrence you get so and so In addition to the dasnaages . I read It as... Mayor Suarez: CK, you are going to have to take your day In court, and your chance In court. This Cam 1 ss i on has heard you. We can fashion no roomy, or solve your Rroblan In .any particular way, we have insurance for that situation, the Insurance cony has not decided to settle the caste. You are Just going to have to Battle with then In court. There Is nothing we can do. Ms. Donner: But, because you know the unethical thing that the Insurance oampany did... Mayor Suarez: We do not know those, and you have not pointed then out. Ms. Donner: Oh, do you want me to start reading now what 1 Just wrote to you? Mr. Plummer: ©hhh! Mayor Suarez: Oh, I have read It. I have not seen anything In there that... Ms. Donner: The public record! Open the public raoord and ace what Is In It. Read... Mayor Suarez: You have had an opportunity to ta;f us what these unethical things are and you haven't told us anything eumpt that you have this IItIgat Ion and that the courts are finding against you, that Is all! Ms. Donner: Because you don't give me an opportunity to read. I have prepared It, I gave you a copy and you don't letting me a chance to read, so - what... - Mayor Suarez: OK, we will read It. If there Is anything specific you want to point out from there. go ahead. I'II give you another minute. We have a lot of people waiting to be heard on a lot of Item. Ms. Donner: But. It wouldn't take another minute, It would take another fifteen minutes. Mayor Suarez: To read that? Ms. Donner: Yes! Mayor Suarez: 1 Just read It In a couple of minutes. Ms. Donner. OK, maybe I can read 1t. K Mrs. Kennedy: Let me ask you something. Ms. Donner, because 1 am'a new'nwr6i of this Oammisslon... Ms. Donner? Ms. Donner: Oh, then another thing, then another thing that Is, i'attached here fram the public record a bad faith letter. They are wrlting a letter to your lawyers asking then If I would sue than In bad faith after I won the public record. Mrs. Kennedy: Well, you don't even ONO us a chance to ask a CgMtIon and to find out1 I an new at this. I heard CMMlssloner Plummer saying a year ago, how Iong have you been camIng before us? HM much time has the City Attorney's office spent on this? How long have you been working on this? Ms. Donner: How mph? There Is a lot of wasted taxpayer's money spent on that. over $75.000 spent by the Insurance company. based on what they gave me, the re=d, if It 18 complete, which It doesn't Iook IIke the owiplete record, and the City dupIICates, about the same thing. The City of MIanI duplicates about the same thing! They didn't even use cne attorney to cane to the hearing. they carve.... there by the thousands to every hearing, and that Is wasted taxpayer's money1 Mr. Plug: Miriam, you are no different today than you were a year ago when you Lama In here with a donkey, and you cum In here with the balloons, and... Ms. Donner: With the donkeys fly... r I ght . 129 11 1 Mr. P1ilmmr: Miriam, It 1s no different. You keep canine back saying the same thing and we keep telling you the same thing. We can't help you. Ms. Danner: Why can't you help me? Why do you help other uses... Mr. Plummr: Fuse you have to 10 to... Ms . Manner :... and you reso 1 ve rather cases?... bemuse 1 arm not 81 ack , 1 am not Cuban, is that the reason you are settling these cases before my case? Mr. PIuTmr: No, Ma'am. Ms. Donner: And because the other cases are stronger than my case? Mr. Plummer: Thank you very much. Mayor Suarez: No, we think the other cases have merit. We think the Other cases have merit and we don't happen to think your case has merit, at least as regards to this Coetmisslon's being able to act on It. The courts are acting on It, Miriam, that is all we can do. Thank you. OK, Item 87. Ms. Donner: WeII, you will be all responsible about my well being because... Mayor Suarez: I am sure we will be. Ms. Donner: ... my well being, because 1 have internal bleeding because of this aggravation, which constantly causes me. Mr. Dawkins: That Is one death you will not get, J.L. Mayor Suarez: There are 114,000 registered voters In the City of Miami that hold us responsible for everything that happens here, Including getting on to the next Item. Thank you. Ms. Donner: By the way, the Mayor, 1 talked to the new Mayor, Mayor Suarez, and Mayor Suarez... Mr. Plummer: You did talk with him? Mrs. Kennedy: That Is himl Mr. Dawkins: The new Mayor? Ms. Donner: Yes, and I had a special appointment with him, and 1 had'a witness, and the witness stated... sat with me and 'IIstened. He pranIsad, to respond, and you know, there should be IIke a favorable response to my allegations and to make an end to the IawsIt, and so far, 1 didn't get any response. Mr. Plummer: Well. when you hear back from Mayor Suarez. would you send me a Copy? Ms. Donner: But, 1 sent you many copies and you promised to answer for the last few years t My case died... Mr. Pluftww: Miriam. I got tired of responding to your letters. Ms. r: You aver respond • 1 can swear on health, that Is a pure llel Never, never, aver, evert Mr. Plummer: 1 don't want you to swear on your health, 1t isn't that goodi Ms. Donner: i swear on my health. 1 never got any responses. Mayor Suarez: Thank you. Ms. Donner. Ms. Donner: And pwiple In your offIcIai capacities should always respond and do the best YOU can a I I of the time. Mayor Suarez: We 00 mast of the time. We try every time. W. Plumper: When you hear hack fran the Mayor, I'd I1ke to know what he had .to gay. Me. Donner: But you don't treat me I Ike a humn beIng. You don't treat me Iike a huTon being. You treat me IIke a zoo In an a,nImaI, that's what they treat me I n .la 11, and that I s what you treat me, kaeCaUSO i f you wou i dn't treat me th 19 way you wou I d 1 oak I nto my a I I egat I cans and yota wou I d gee that 1 arm right and 1 em entitled. Mayor Suarez: That I It, MIrIam, that Is 1t. We have heard enotagh fran you. Ma'am, I even received you In the office and listened to your whole story. OK, iten 87, thank you. 59. REFER TO MANAGER FOR HIS REOCKENDATION REQUEST FROM BLACK ARCHIVES, H 1 STORY AP® RESEARCH FOUNDATION RE (a) OVERTOWN FOLKL I FE V I L.LAGE , (b ) ARTEMUS BROWN HOME. Mr. James E. Evans: Jams E. Evans, 5400 N.W. 22nd Avenue. Honorable Mayor and Vice -Mayor and Germlssloners, several months ago, we received... Mr. Plunner: Sir, may 1 stop you for a second and ask you, has this matter been sent to the City Adninistratlon? You are asking for funding. W. Evans: Yes, it has. Mr. Plummer: They have? The Manager? Mr. Eads: They were considered during the C.D. process and I believe received funding In the a vunt of $33, 000. r; Mr. Plummer: 0h, OK. $34,000, and you are asking for more funding now? tV Mr. Evans: $31,000. We had approached the Commission... W . P 1 tamer: Thank you. s I r . r.7 Mr. Evans: —several months ago. Our initial request was for $50,000. we received from that, $31,000. In coning back to the Commission asking for the additional $19,000, It had been stated by this Commission that staff would be <;r- asked to seek the additional S19.000. 1n contacting staff on several occasions, It I had been Indicated that there was no action fran this OoemIss7on on that, and. therefore staff was unable to do anything to assist us with corning up with the additional $19,000, aril what 1... va W. Plumrer: Let us ask of staff. have you found the $19,000? r>. W. Eads: No, sir. W@' . P l u ynw : Well, there Is the answer • -� W. Evans: But, staff indicated to me that they did not have the-muthorlty to even look, since there was nothing documented through the City.Comnlsslon.' Mr. Plummer: Let's ask. Staff, did you look for the money? fr W. Castansda: I do not know exactly what he Is referring to.. The allocation of $31,000, that Is what was approved by the City Commisslon. Mr, P1u r: He Is saying that sanen►here along the line. the d1rective of the Ommisslon was for you to try to find the additional $19,000. w� Mr . Cast I am not erase of any mot i on I ncreas I ng the a I I coat I on by $19.000. no. Mr. P I Lmner : Sir, was It trrw action of this I ss i cxn? .. _ , .. _ .. , . .. .. .. f •r,, `4 . T 'j Mr. Plummer: Oh, CK. 1 would suggest at this time that this matter be sent :tF t0 the A<tntinlstratlon to aee If the $199000 Is available, and report back to this Ommisslon. It Is now official, they have the authority to lock for It. Mrs. y: Yes. '{ W. DW*lkIns: CK, before we go Into that... I agree, I second. Under A discussion... =ri Mayor Suarez: Moved and seconded. Under discuss Ion. Mr. Dawkins: What lten waas that, we got $15,O00 and $5,000+ where was that? What 1 ton was that? Mr. Plug : What was It for? s W Eads: The Council of International Visitors. W. Plumner: See, I didn't... 4: Mr. Dawkins: Na, Historic Preservation. ar t, Mr Plumper• C)h that was a State grant. W. Dawk 1 ns : We I I , 1 mean, nonono, what I tan was . I t? . Mr . P 1 tamer : Oh. H Mrs. Dougherty: On the Consent Agenda. f Mr. Eads: It was on the Consent Agenda, I believe. Mr . Rodr- I guez : Item 43. W. Dawkins., 43? T' Mr. Rodriguez: Right. Mr. Dawkins: OK. when you are looking, see If there.are not... 1 mean, this ~, grant money, right? Mr. Castaneda: Grant money from the State. { W . Dawkins: Right. Let's f Ind out why we cannot f I I i.. out sane • of. those x grant applications to see If we can't Identify with this kind of money to assist than OK? Mr. Rodriguez: OK. we will help than with that. Mr. Dawkins: CK, thank you. Mr. Evans: OK, in addition, our second request during this same: period was - for $125,000, which was to relocate the Artemus Brown House, located on 3rd Avenue, 1755 N.W. 3rd Avenue. This house is actually going to be utilized as the headquarters for the Overtown C I eanup Campaign, which l s . being sponsored In conJunctlon with Ws. Adker's program that Is presently going on. That was r' also to assist us with rehabilitating the Dorsey House, the Lyric Theatre, and of course, as of this time, we have been unab I e to I dent i fy this n x)ey as, was suggested by this DonIssIon aIso, to find a IIno Itam or two at least, quest I on, a I I rm I ten • Now I spoke w I th the Hous I ng 01 v I s I on, who stated to me that they were unable to assist us with this funding, and were given no a i to rnat i ves at that time. so I an back before this Omm I ss I on r t i ng the - $125,000, and of course i wII1 have Dorothy Fields to elaborate on this yr particular program. Thank you. a Ms. Dorothy Fields: .1 am Dorothy Fields, 5337 N.W. 29th Court. Mayor Suarez armed Issloners, thank you. W. P ! : What ruvW Is this? Mir brae: 87. 132 SaPt~ 11 « 11 - _ Ms. fields: We are here to request the seed money to actually begin the physical Improvement. We say c I eanup campa i gn , but we are rea I i y talking about the phys 1 caI Improvement of the two b 1 ock area that the City of M I am I Cm misslon In 1983 designated as the historic Overtown village. The money that we are requesting is to begin to physically Improve the buildings. There Is an urgent need, for Instance, for the Brawn House, which Is on 17th Street and 3rd Avenue. It has been Identified, both by Metro and the City as a historic site. It was the he me of the first Black blacksmith. It Is of great historical significance architecturally. It has now been, for the last two months, noted as an unsafe structure. it Is owned by c� church. The church Is ready to donate It to the archives, the archives +cants to move it to another site, but we need the funds to do it, and we estimate that that would cost approximately $20,000, plus $20,000 to rehabilitate It. We are also requesting money for the Lyric Theatre so that that can be Improved. The Dorsey House, which Is also In that two block area, Is another building that Is needed to be Improved. What we have done... Wyor Suarez: 1 am not sure... Dorothy, let me Just ask a question. Has all of this been reviewed by the Administration for recamnendatlon? Mr. Castaneda: These Items were reviewed during the City budget hearings. Mayor Suarez: I know, but beyond the CD process, have you Identified any funds, or do you think that this Is... It seems to me that if It join Overtown, If we are trying to aecorpIIsh those things in Overtone, It Is well worth considering for funds from scmewherel Mr. Castaneda: Let me address the two Issues because my mind has beset refreshed. We allocated for then $31,000 for this year. This was they on, amount of money that they had received last year. There is no cutting In their allocation Basically, what they were asking was for $19,000 Increase. In view of the 15 percent cut and In view of the cuts that we have given all of the programs, they really came out ahead. And that Is why we feel that the $31,000 allocation was fair; concerning the $126,000 request, we have set up a fund of $800,000 that we will be otming to the City Cotmisslon with guidelines for economic development projects. Basically, what we proposed, If you recall, was basically a mini - IOAG program, In which If they would find funding In the private sector, we would match It with City money and help economic development projects In the neighborhood. My problem Is, that l don't belleve.that this project will Qualify In that fund. They are basically requesting 100 percent funding from the City of Miami. Mr. Plummer: The question the Mayor asked you Is, have you gone through this .thing with the Brown House? Have you had time to IoQk Into it where you can make a recattnendatlon to this Commission? Mr. Castaneda: We had looked at it during the C.D. B.O. process. This has not been presented to me lately. What I an saying Is, that the only place where there 13 fund 1 ng Is that I u1nP of $800, 000 for a mini - UDAG program that, If it would qualify, as partial funding could be obtained from that, but 1 would... wyor Suarez: You don't think there Is any chance to get sort® private funding for part of It so it will qualify? Is that the main problem with the criteria? Mr. Castaneda: Well, one Is, you know, that you need other funding programs and two It has to be an esoonamlc development project, and I don't see a commercial ending to this or Is there? W. Fields: Yes. W. Fields: Oh, yes. May I just say one thing, please? $18,000, for drational funds, that Is for the search for the Incorporators. All right, I don't think we said that. We are, we started a ten year search for Incorporators. who actually signed the Charter of the City of Miami, July 28, lege, In order to staff that part of our operational program. we had asked for those additional funds that will allow us to hire someone. We cannot do 133 Swtalber 11, 19 .,' it with ex i st I ng staff. That was the reason that we had asked for add i t I ona i t 4b9-.ft g 1 grfn is for. funds, as TW so 13 M. 1 a . Mayor Suarez: That 1s n tough one though, to characterize that as e0onanIc develomwnt, a :march for the 1 noorporaators of the City of M 1 am I . Ms. Fields: That Is mationa1 funds. Nm, we are talking a,laout the s125.000for the village, so that Is two different things. Mayor Suarez: That, to me. sounds a I of more I I ke 000no m I c deve 1 opment , the village. Ms. F l e l ds : The h i stor I c v i l l age is to be a c cmmrc l a l, cultural two b 1 ock area, and... Mayor Suarez: Can we refer that to you, to see I f you can work I t I nto the IAAG? - or mini - lam, or whatever you call 1t. Ms. Fields: Matthew's office has been working with us, along with the Planning Department. Mr . Iviatthe w Schwartz: I th 1 nk we can work with the Corm un I ty Deve I op:rent , the Planing Department. to see If the terms of the mini UDAG could apply to a portion of this. The one thing I think, Dorothy, you do need money imredlately Is to secure the building. I think this Is the problem. Ms. Fields: And to move It, because the people are very comfortable there, and even through It Is an unsafe structure, and It has been condemned, people begin to stay there, and if you just board It up, they are going to take the boards dawn and ruin the building, so It really needs to be relocated as soon as possible. Mr. Schwartz: There Is about $30,000 that would be... approximately $20,000 to $25,000, and we have not Identified a funding source for that, we could ot>, back. Mayor Suarez: If it were up to me, as Important as It sounds, 1 am not going to say that I would do it right now without a recoendatlors from the City, m you know, I would Just go ahead and vote for the use of the money sam:wvhere In our budget, but we really need your recommendation, and we need for you to tell us whether they can qualify for mini UDM matching funds, and whether It ha a worthwhile economic development project within the eorplete... Mr. Schwartz: It Is an erconanlc development project. The historic village. . Mayor Suarez: Planning process of the City. Mr. Schwartz: The Intent is really to house businesses In there, that would generate new econcm i c activity in. Overto wn and om i emaert what Is happening around there. Ms. Fields: And the Planning Department Is working rsow on an R.F.P. 1n fact, they have a draft for the feasibility and a market anaIysIs,.because of BoyyaIde, and the fact that this Is, the v1IIage 1s on the terminus of Bays!de. I t I a actua 1 I y Sth Street at the other end of Bays i do. There I ss a I of of potent I a I for 1 t, to reestab I I ssh I t as a eanrerc I a I area, because . was a conwerclal area to begin with, and It could very well became again. 1 don't know whether staff wants to present the location map, and the draft of the R.F.P., because they have worked very hard with us, both Matthew and Sergio. _ f&. Ins: Where Is Mr. Salley? No problem. Mr. Schwartz, this entire Cmmission, especlally J. L., has been saying constantly that the Overtown/Park West project would not benefIt the area at aII, OK? Now, here we have a group that for the last four years has been attempting to do 0awth I ng to have ameth 1 rig h I stor I c that they Can po I nt to and save that, at one time, this Is the way this B 1 rack community looked, &W ail l I have herd, ever a I nce I have been here I aa, we are go I r`:g to put r $00, 000 un I to, $ , OOQ units, $11 O, 0()o units In al 1 this lard that we have taken from peace l e. Nicer, ,why, when you were p I am l ng, d I dnt somebody attempt, even 1 f I t was to gent the wcsW from the damI opera, to do the . th 1 ngs that they have bum -asking _us to do now Mr. Schwartz: The bond Issue that was on the ballot two years ago Included money for the hIstorIc vIIIage. The only other source of funding that we had for the praa)ect for land acquisition was housing Fond funds which restricted the way the may and the band cou 1 d be ut I I I zed. Mr. Ins: You saId the bond Issue fa1Ied? Mr.Schwartz: The bond Issue, this was the bond Issue that Included In projects In Liberty City and Overtown, and the bulk of the money, at least a quarter of the money was to be used for the historic village project. Mr. Day& Ins: Did the bond Issue pass, or fall? Mr. Schwartz: It failed. This was the $10,000,000 dollar bond Issue. Mr. Dawkins: It failed? OK, the one before that, did It pass, or fall? Mr. Schwartz: 1 believe It was only on the ballot once. The second time It was not part of the ballot. Mr. Dawkins: No, no, no. Any other bond Issue that we passed dealing with housing In that area, did It pass, or fall? Mr. Schwartz: The only housing bond Issue that the City had that was approved by the voters In the City of Miami was In 1976, housing bond Issue. This was the... Mr. Dawkins: All right, all of the monies that have been spent in Overtown/Park West to mire land, push down buildings. where did It cane from? Mr. Schwartz: It came from Federal government through the IMTA award. Mr. Dawkins: And nobody figured that they should take some of that and do what she is talking about doing? All right, now, the s10,000,000 that we Just got through the gracious goodness of Senator Paula Hawkins, can same of that be done to do this? Mr. Schwartz: No, that money Is restricted to the two projects, the two housing projects that the loan program was set forth. They had been applying for sCme canmxrn l ty development block grant funds. Mr. Dawkins: This 13what 1 am telling yowl They have been appIyIng;and applying and applying and we have been evading and evading and sending them back. This Is what I am getting tol See, somewhere along the line, something has to happen. CK, now, what Is the next ton of money that you plan to appeal to the Federal government for? Mr. Schwartz: I think we have used up all the sources of moony... Mayor Suarez: That Is not what you told us five minutes ago You said there was $800.000 In mini WAG programs. Mr. Schwartz: That Is a C I ty funded - that Is from the 12th year o mnun i ty development block grant. The City has set that aside In the.the C.D.. budget that... Mayor Suarez: I see. Mr. Day4cIns: Set It aside for what? Go ahead, Mr. Manager. Mayor Suarez: For economic deve i oprsen t . Mr . Cas : For mini UDAC;, for eootacmt I c deve lopnent . Mayor Suarez: All right, you call it m I n I Imo, you call it whatever, you want. It is for GO0n= I development. right? It sounds IIke thla could be a high priority. Is that the consensus of the Cnlssion that we refer back to them? Mr. Dawkins: Ylss. but that Is just one of them, N,-w, aft is amthear sour eft of funds that you are going to tap to do Sawthing else In+C rtown/Park Walt? 135 Sept> 11. ism err Mr. Schwartz: It would be future funds that could be generated through the tax Increment bond Iasue. which we would not be able to float unt11 1988-'89. Mr. Dawk I ns : We 1 I , FICW .. . Mayor Suarez: If somebody buys It in 1988-189 and If the tax exemption still applies and... Mr. Dawkins: CK, new, I an go I ng to say this and I am go I ng to be f I n i shed with It, CK? If something Isn't done with this group In the next four months, - as to Identify sam funds, that will not be caning Into here in the year 2001, but wlII be caning In here very shortly. Everything you cane up here, I an going to do my damlest to get It turned down, to get everybody to vote against It. Now, you can toII me about Overtown/Park West, you can toII me a I I about... the only thing 1 an not stopping Is my arena, because my arena says they are going to put sane people to Jal1, because they don't have $10,000,000, yes. Mr. Plurmer: That Is the Sports Arena. Mr. Dawkins: Yes, If they don't have $10,000,000, they have got. to go. to Jail. Mr. Plummer: That's right, they made a earnitnentl Mr. Dawkins: They made a cxnmitnent, but other than the arena, don't cone up here with nothing else until you have got with these people and say that we are going to.., see you push dawn everything over there! Mr. Schwartz: Yes, sir. Mr. Dawkins: And the things these people are trying to save, nobody Is trying to help then save then. Eventually you have to push that down. So we were going to refer... Who made the motion to refer It back to the...? Mr. PIL#mer: i did. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any further discussion? He ar. i ng none!, call the roll. 1 think we're going to send a pretty strong message this time, Dorothy. I think we have. The following motion was Introduced by Cartmissloner Plumner, who moved Its adoption: MOTION ND. 88-727 A NOTION REFERRING TO THE ADMINISTRATION A, REQUEST, FOR FUNDS RECEIVED FROM "THE BLACK ARCHIVES, HISTORY 8� RESEARCH FOU DAT ION OF SOUTH FL OR I DA, I M . 0 IN THE AMOUNT OF $18,000 IN CONNECTION WITH THE PROPOSED OVERIOWN FOL.KL i FE VILLAGE, THE OVERTOWN CLEANUP C.IWPA IChi AND THE . SAT I ON OF THE ARTE" BROWN HOLI E ; FURTHER DIRECTING TIE MAN AGER TO SEE I F SA I D FUNDS CAN BE FOUND AND COME BACK WITH A REOCM ENDrAT ION. Lion be I n g seconded by Omm I ss I over Dawkins, the motion was passed and adopted by the following vote - AYES: Cmmnlsslover Joe Carollo GrammissIoner J. L. PIunmr, Jr. Vloo4ftyor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ASSENT C a m i ss I over Rosario Kennedy 136 1 Mayor Suarez: Item 88. Mr. Od1a: Mr. Mayor, Cam IssIoners, it has been the policy of this OcmnIssIon and of the aclfnlnistratidn through your orders that we do not fund any festivals. They have been notified of this. They wanted to cane here anyway. 1t Is their prerogative to do so. 1 st1II recaumnd that we do not fund a festival. Mr. Plumper: No, It's not... you recannend because there Is no dollars. Mayor Suarez: Is there anyone here from the United Cerebral Palsy Association Of Miami? Mr. Odlo: On the Cerebral Palsy, we recarmend that one • That is the fee waiver of the Coconut Grove Exhibition Center, a fee waiver for a fund raiser, which I think.... Mayor Suarez: You do re=miend It? Mr. Odlo: That one I do. I'm sorry, I skipped to Iten 89. Mr. Planner: Where Is the money caning fran? Mr. Odlo: Special Programs and Accounts, the Orange Bawl Funds, Mr. Plummer: How much is the fee waiver? Mr. Odlo- $6.000, that is the rent of the Exhibition Center. Mr. Planner: That's the same thing as funding a festivall Mr. Odlo: Fine, sir, tell me what to do. Mr. Plumper: No. I'm saying, how does that differ from the policy of the corm I ss I on? Mr. Odlo: Well, Cerebral Palsy Is a cause that will help a lot.of Kids. Mr. Plumper: We understand that. Mr. Odlo: A festival Is something else. Mr. Plummer: No, I'm sorry, we turned down, for example. March of Dimes. Mr. Odlo: Oommissioner, It's your decision. Mr. PIumre;r: No. I'm saying tell me how that differs fran the policy present of the Commission, Is all I'm asking. Mr. Odlo: The C=nlsslon policy was funding of festivals. We have funded other Institutions for good causes. So It's your decision. Mayor Suarez: Well. we've done fee waivers before for Dinner Key AudItor Iun. Mr. Odlo: Yes, you have. sir. Mayer Suarez: If It's not going to be used that day and If you.... Mr. Odlo: That Is correct, sir. Mayor Suarez: it wou I d not re su 1 t. In any cost to the City or loss of 11001 . Mr. Odlo: The out -of -Pocket expense to the City Is not S6,000, berme that I s the rent that we charge the pub l I c . The out-of-pocket eXpOnee to the G I ty Is they e l eectr i c I ty and what&VW pot IC* tit that we m I ght have that day, but not an out-of-pocket expam. That's a b i gy d l f feu' . 137 Septa~ I I W t fii Mayor Suarez: 1 mows the Item, fee waiver, for the use of Dinner Key, with the understanding that nothing also would have happened on that particular day with that facility were It not for this event; we are not going to be out-of- pocket anything on that score. _ Mr. Plummer: When is this thing scheduled for? Mr. Od10: l' 1st. Mr. Plummer: WeII how do you kncw that you wouldn't be rent Ino It If possibly somebody wants to rent It and then you can't let than use It? Mr. Odlo: That is true. Mr. Plug: Hey look you know, by Godl Cerebral Palsy Is a tremendous cause. Mr. Odlo: That is why I reoamnend It. Mr. P I ummer : But when you say yes to then, how do you say no to muscu 1 ar dystrophy, March of Dimes, the Cancer Society.... w . Odlo: We have not. Mr. Plummer: ....tuberculosis, St. Jude, which is my favorite. blow do you say...? Mr. Dawkins: Sickle cell anemia, which Is mine. Mr. Plutmer: What Is yours? Mr. OdIo: CGom IssIoner, I still stand by my reoammendatIon that It's not an out-of-pocket expense, that If the auditorium Is not being used... it's an Important cause. We have done It In the past to waive fees. Mr. Dawkins: There is a motion on the floor. Is there a second? Mrs. Kennedy: I'm going to follow the Manager's reco mendatIon and second the mot i on . W., Dawkins: All right, It has bee.,% properly moved and seconded. W . Carol to: Further discussion, Madam City Attorney, since I am a non -paid js member. of the Board ,of Otrectors of the Dade County Cerebral Patsy Association, would I have a conflict of Interest In voting for this? Mrs. Dougherty: Mr. Gannlssioner, If you are a non -paid mer.^ber of a nonprofit corporation, you.do not have a conflict of Interest. Mr. Carol to: Thank you. Mr. Dawkins: Any further- discussion? Call the roll. 138), Ate. The following resolution was Introduced by Mayor Suarez, who moved Its adopt Ion: RESOLUTION NO. 86-728 A RESOLUTION COM 1 T 1 ONALLY ALLOCAT I NG AN AMOLNT NOT TO EXCEED $6 , 000 FF< M SPECIAL P AND AOOOLNTS , 0" I NQENT I", TO COVER THE COST OF I IS I N3 MIE COCONUT GT VE EXHIBITION CENTER. IN OMMCT I ON WITH A LAT I N t AI`CE *SAiLE LATIND", TO BE CONNED BY THE UNITED CEREBRAL PALSY ASSOC I AT 1 ON OF M 1 AM I ON ND1IFJ VER 1, 1986 ; SA I D ALLOCATION BE 1 NCB Chi I T IONE[ UPON SUBSTANTIAL C C PL I ANCE WITH CITY OF MIAMI AMAINISTRATIVE POLICY ND. APM-1-84, DATED JANl IARY 24, 1984 AND UPON THE CONDITION THAT SA i D CENTER IS AVAILABLE ON DER 1, 1986 AND THAT THE CITY SHALL NDT I N-UR ANY OUT -OF --POCKET EXPENSES IN CONNECTION WITH SAID USE. (Here follows body of resolution, anitted here and on file In the Office of the City Clerk.) Upon being secorKled by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Cmrmissloner Joe Carollo Ommissloner Rosario Kennedy Mayor Xavier L. Suarez NOES: Oom issloner J. L. Plumper, Jr. Vice -Mayor Miller J. Dawkins DURING ROLL CALL: Mr. Plumper: 1 have to remain consistent and I really hate to do th1s, I really do, but I have to vote no. I'm sorry. Mr. Dawkins: i keep saying no and I'm looking back here now at the Sunstreet Festival, which I'm going to say no to and I must be consistent, no. 81. DENY REOLEST FOR CITY SPONSORING/FUNDING OF SUNSTREET FESTIVAL. r4 Mayor Suarez: Item 89. W. Cdlo: Consistent with the policy of the City Oonnission of not funding festivals, we have notified then of such orders and they wanted their appearance here today. Our reoampendatlon remains the same, that we do not fund this festival. Mr. Charles QoIphin: Good Afternoon, my name Is Charles Go1phin. i reside at 230 N.W. 48th Street in Miami. I an here on behalf of the Sunstreet Festival Committee and the Liberty City Merchants. Our request Is that the Sunstreet Festival become a City of MIemI-sponsored event and that we also reoe1ve some funding In our efforts for revitalization and manic development In the area of Liberty City In our efforts to promote a festival for that purpose. We've been 1 n that area for three years and we've done a great Job 1 n terms of exposure to that ocamunity and via feel that this Is a worthy event of this City and of sponsorship by the City of Mlaml. That's It. Mayor Suarez: It seams we've bow through this before. 1 remeynber how 1t was finally rem I ved last t late around. We' 1 1 te& how It gets reso 1 ved this t l me around. Do you want to say thing? Mr. Caro I 1 o : Now much are we talking alert In order to be a sponsor? Ms. Ess l e D . Silva: We're to I k i ng about In sew v i ces less the -in... we're to 1 k i ng about $50. 000. IS that right? $W, 000. You have to bear in mind this Is a festival; It 13 a 61&* event, surely. But more Importantly it 1313 Ster 11, 11 Is to get S I ack people to CCFM back Into the caamiun 1 ty . Th I s Is just a vehicle. I just wish you would look at it like that. forget that we're going to bring they people because we're going to have maybe vendor booths and that kind of thing, but we're trying to let them know that tyre are Black merchants out there they need to be trading with and we need to deal 1 with rev I tee 1 1 z I ng and strengthen I ng th I s camiun I ty. . We're not tee I k I ng about you funding a festival. We can call It anything. I you want to change the name today, we' I I change i t, this Suns,treet P I ease Be B I ack Today. i don't rea 1 i y Care what you change it to, but what we're saying Is put a I I tt 1 e faith In those peoples out thee. Let's have them to ccme In there and trade at Arthur's Grocery store and sew of the other things and see that we are not. I n 1980. We have moved In 1986 and we are trying to deve I op bus 1 nesses and buy Black. W. Plunmer: We don't disagree with you. We don't have the money. Ms. Silva: Well, why don't you try to find a little, for us? W. PIunner: There are two point slat million dollars worth of requests. 1 know what the Sunstreet Festival... I've been there. It's good. It's great, but we don't have the money. I don't know why I'm always the bad guy got to sit up here and say It. There Is no money In the cupboard; It's bear. We got people here today that are asking for a pollen. We had peoples Iast week asking for food, and we had to say not Because there is no money In the till. You know It's your right and I defend your right to Carle here and ask, but when there Is nothing there 1 don't know what you're asking for. Mrs. Kennedy: Essle, how long have you been In operation? How many years? Ms. Silva: This Is our fourth year. Mrs. Kennedy: is the $50,000 all In Cash or do you also....? Ms. Silva: In -kind, mostly in -kind. Mrs. Kennedy: ....does It also Include... all In -kind. W. Silva: All in -kind. Mr. Odlo: But you do need.... Ms. Silva: All we want Is In -kind. W. Plumper: It's crash; we have to pay the poIIcenen. We have to pay the Sanitation Department. So It's cash is what It is. Ms. Silva: It's cash to you; to us, If you give it to us.... Mrs. Kennedy: How do you break It doMn, police.... W. Odlo: The estimated on pollee Is $20,O0o alone. WS . Kennedy: : And the relit Sanitation.... W. Odlo: It adds Lip to $50,000. Mr. PIrinser: The ShoNmobile, you know, all of that Is cash. Ms. Silva: Well, Shaamoblle and things like that you give than to same people wnetIme, so why not just once a year.... Mr . P I urrmer. : Hey. I f we rented I t to you I t I s on I y S750. 1 f that's what you want, the Showtob Ile, 1 have no probIam with that. Ms. S I Iva: No. I knee, I was youth opportunity d 1 rector when you gent them from the Federal Government. Mr. P 1 u:rrrrer : I t w u I d amaze you that 1 t emits the C I ty on the I r payro I I to set that up, tear It down, WW bring It b e. It'S WazIng. Wyor Suarez: 1 Can Oft myse I f ca, I 1 i ng Freed Crawford raga i n and gett 1 ng I nvo I veer! I n the process of ask I nq; the po 1 100 of f I c; erst to vo I unt er and the 140 SaPte -nber 11. 1 77 y who i e b 1 t again. I don't know how it will cam out, but let's see how the Cdh"lasloh feels on it. Mr. D awk Ins: 1 can to I 1 you hoW I i s go 1 ng to come out because the M 1 alp I Polite DWartment and the Sanitation Department told me that they volunteered the 1 r Services- the last time and they're not do l ng It this time. And to show you I'm not 1yIng, Mr. Smith, would you ccme up and te1I me what my Sanitation workers to I d me, because 1 'm not goy I ng to get set up . 1 got boxed In last time. Ccme up to the mike. 1 goat boxed In last time, saying we didn't have this and we didn't have that and Individuals ran around and then In the Black community they said Miller Dawkins was anti Sunstreet Festival. Would you tell there, Mr. Smith, what they said this time? What did the Sanitation workers say, sir? What did they say, sir? Ms. Silva: Commissioner Dawkins, 1 don't think we're asking for a testimony. I understand what he's saying. Mr. Dawkins: Mr. Mayor, may I hear fran Mr. Smith, please? - Mayor Suarez: Surely. Mr. Bill Smith: Bill Smith, Sanitation employees Association. No, air, we would not do It again. We got boxed In last time; we wlII not get boxed In this time. Mr. Dawkins: Thank you. Mr. Plumper: I don't want to be a sore subject, but I think you ought to ask one of, the poilce m what happened last year, because the County volunteered and you know what? The County didn't send policemen. They sent correctional officers, which were greatly objectionable to the people. Ms. Silva: I beg your pardon. They sent them; they were not placed out there now. 1 met then on Edison Park. They were there. Mr. Dawkins: Thanks Bill, that's all. Mr. Plummer: I an just toiling what I was told. Ms: Silva: Chief Dickson will tell you that. They were there.' road patrol . people were there. z- Mr. Plurmner: No, no, I'm talking about.... W Dawkins: Where Is Ken? Mm' . P I simmer: ....from the County. Ms. Silva: I don't knee. We're not on the road, that's a different story, but that's your jurisdiction. Mr. Dawkins: 1s Ken Nelson here? Ms. Silva: O.K., we're certainly not going to get then free. There must be some other kinds of things we can do. What else? Mr. Plummer: Have you gone to the T.I.C. to try to get funning there? Ms. Silva: We've got funding... no, we have not. Mr. Plummer: They have $6,000,000; it's for tourist pramotlon. Ms. Silva: I think we have gotten as much ray as we can fran the County, naturally. Mr . P 1 u mrrer : No. this Is from the bad tax money. . Ms. Silva: I know what you're talking about. We've gotten same money fram them also. fir, no one seems to want to pay for poiloe within the jurisdiction of the City of Miami. 141 Sept '11, 11 x «r Mayor Suarez: I B I I I Byres atIII out there sphere? There Is a ccxnnittee of the Greater MIairi Visitors and Convention Bureau, which Is the entity that Domnlssloner Plummr Is referring to, that has about S6,000,000 a year to spend on promotional activities, of which Syrea Is a mar. It's a marketing oommlttee. Fssle, If tyre Is no other place to find the money, let's make an application right away a you'll have my full support and that of this Cannisslon, I believe. Ms. Silva: Thank you very mush. 1,11 do Just that. Mayor Suarez: I can put It to a vote. If you'll IIke. Ms. Silva: I'd like for you to put It to a vote, please. Mayor Suarez: But we don't have a motion. Do we? Just like I did last year, move the Item. Mrs. Kennedy: Like i did the last time, I second It. Mayor Suarez: You got a motion and a second. There Is Bill Byres. Don't lose him before he leaves, In case you lose the vote. Mr. Dawkins: What Is the motion? I'm sorry. I was listening to.... Mayor Suarez: To approve the funding of the Sunstreet Festival, as requested. Mr. Dawkins: Under discussion, no discussion, call the roil. Mr. Caro I I o : Maybe you can go to sane of the news med i a In this cmmun l ty that are so public minded, and maybe you can get sane funds from than, you know, the Miami Herald, some of the television stations. Mr. Plummer: The Miami Herald. that they are spirited minded. W . Dawkins: Under discussion. It's not that we're anti any of it. of you. Mr. Carollo: No, It's not that. W. Dawkins: But It's Just that we've turned. 1 mean, we were at a meeting Monday -night. People say we want drugs stopped. We need more policemen. Where are you going to get the money from? We Just don't have the money to do all these things with. Somewhere you have to set some priorities. Any. further discussion? Call the roll. Tt EREL PON MOT ION DULY MADE BY MAYOR SUAREZ AND SEOONDED BY O" I SS I ONER KENNEDY TO FUND THE SUNSTREET FESTIVAL FA I LED BY THE FOLLOW 1 NIC3 VOTE: AYES: GbmnIasIoner Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Commissioner J. L. Plumper, Jr. V Ice-Myor M 1 1 1 er J. Dawk 1 ns ABSENT: Pane. MA I NC3 ROLL. CALL W. CAroIIo: Yes I'm voting yes against then. Mayor Suarez: The motion is to fund the Sunstreet Festival. W . Caro IIo: No, then. W. Plummer: As much as It hurts, I have to vote no. Mayor Suarez: Once aga In, we' i I try other sources and that's one p l alce to start right there with the Greater Miami Visitors and Convent4on eur4u Ms. S i 1 era : All right, then will you sponsor us? W. P 1 inner : You br I ng,1 are the proposal and I' l l sponsor I t. Sure i w l l l. 142 septarkw 11. 1986 Ms. SIIva: Great. Mayor Suarez: Oomnlssioner PILmner has a lot of Influence on that bureau having worked on putting It together over the last I don't know how many years. Ms. Silva: Thank you. i . • i• i �i i i � w • • `� tti �- Mayor Suarez: Item 90, we have a request to withhold that or postpone consideration. Mr. Odio: i would because what's happenings Is that.... Mayor Suarez: Ever since saneone mentioned In the newspaper that we were going to be giving away scme of our statues, the whole is.... W. Odio: Everybody wants Ponce de Leon now and since there Is a high school here that wants It, and there Is this organization that wants it. Mayor Suarez: The Morningside Civic Association, the Mayor of Coral Gables. W. Odlo: Yes, the elementary called Ponce de Leon wants It too, so I would suggest we study where It should go or Just retain It ourselves. Ibt. .lean McDonald--Ganez: Mayor Suarez, Cannissloners, Mr. Eads, good afternoon. I'm Jean McDonald-Qomez. I live at 645 N.E. 58 Street, City of Miami, 33137. I'm chairman of the Parks Committee of the Morningside Civic Association. Marningslde Is the first historic district In the City of Miaml. It was designated In December 1984, thanks to same of you, Oomnissioners. We have a beautiful 35 acre park In the center of our neighborhood. It's on Biscayne Bay surrounded by our homes. It's used by many citizens In the City, Black, White, residents of Morningslde, residents fran outside Morningside. It has a vitacourse, tennis courts, a swimming pool, bicycle paths, a lovely tidal basin with a mangrove In the center of It which houses egrets, Ibis, storks and other native Floridian bird life. Mr. Odlo: May i suggest to the 0m1MIssion that we come back at the first meeting of October with recommendations. We have seven statues to move and to reo~nmend a I 1 of then at the same t Imer. Mrs. Kennedy: Hew much do you give us for It? Mayor Suarez: It's ours, she's asking for our City park, l mean.... Ms. MsdXald-GM*z: I'm asking for this because I think I was first. This article appeared In the Miami Herald on Thursday, July 31st. Mayor Suare2: Who wrote It, by the way. because It created quite a stir. i got ca I l s from Mayor Thompson. Mrs. Kennedy: Evelyn Hernandez. Ms. McDona Id-43m ez: Evelyn Hernandez. May 1 read It so that others w I I I know what I'm talking about, please? Mayor Suarez: Just read the relevant quote. please. Ms. 1 z: The headlines is: "C hop i n Sou i evard, Ponce deb Lem Evicted In Park Redevelconent by Eve I yn Hernandez. ''he City of Miami has evicted Freader I ck r: rw c 1 s Chopin frein Bayfrunt Park. The e r r-p l an i st Is not alone. South Asper i can liberator Simon Bo 1 I vaar was Pushed out to ela p 1 aft across the street. But the CIty of MIamI stIII doesn't know what to do with Juan Porgy deg Leon. As part of the twanty mil 11 Ion 143 dollar redevelopment of Bayfront Park, a statue of Ponce de Leon, the Spaniard who discovered Florida and about twenty other statues, busts and places must be relocated. 'They Just don't fit the park's sleek, new design,' said Juanita Shearer, Assistant Director of the City Department of Development. The monuments, nest of then gifts fran South America and Europe, are gifts to the people of Miami. The must of Bolivar cam from Venezuela In 196B." Mayor Suarez: Jean, if 1 may Interrupt you. We are headed In a direction of deciding first of all from the City If In fact, as stated In that article, as many as seven or eight statues will have to be relocated. If Ponce do Leon is one of then, and 1 have a feeling, at least for myself that Morningside or any other City Park would get first preference. Ms. MCDonaId-3CMZ: 1 think we should have first preference before Coral Cables or any other municipality. Mayor Suarez: 1 beIIeve, knowing this Commission, that we're not going to go out of our way to help Coral Cables when we can help the City of MIMI . Ms. McDonald-Ganez: This Is the City of Miami. They belong to the people Of the City of Miami. They were gifts. Mayor Suarez: Yes. Ms. McDonald -GM ez: And this would not cost the City anything, only transporting It from storage to Morningside Park. Mayor Suarez: I think you've expressed clearly your desire for It In Morn IngsIde. We're going to take that Into consideration. But we really are not In a position to make a decision today. Ms. McDonald -Gomez: I understand. Mayor Suarez: If the Manager of the City of Coral Gables is here or If he should came later, because Mayor Thompson caIIad because they want to also argue for it, might as well tell then the same thing, to direct his inquiries to the City Manager. We're not going to decide today, but If we were, I can tell you that It would have to be to a City park prior to Coral Gables. Ms. z McDonald-4Gcmez: May I`say one more thing? Since Morningside was designated a historic district, the camunIty feeling of the residents is Just. tremendous. We are 409 homes, consisting of young, old, White, Black, all kinds of nationalities. I've Ilved on 58th Street for 19 years. I raised three children In Morn IngsIde. They use the park. I use the park. We ride our bicycles there every day. There Is no danger in that park. The rumors are ridiculous. I know the park. I've been going there for 19 years. My children learned to swim In Morningside pool; they learned to play tennis at the tennis courts. They learned to salt boats when the City of Miami used to have a two "dollar sal lboat course In the summer for children. My three children learned to sail their boats there. I certainly hope you will consider Morningside Park when you're considering distribution of these statues. Thank you. Mayor Suarez: Thank you, Jean. 1 don't think we need to take any action. The City w I I I make a reocnrendatIon at same point. Mr. Odlo: 1 would prefer to do that, Mr. Mayor. 144 63 . D I ,S I ON OF PRopc= POLICE FAC I L 1 TY AT 7211 B I SCAYNE BOULEVARD Mayor Suarez: Item 91. Mr. odlo: This Is Grace. Mrs. Grace Rockefeller: Mr. Mayor, members of the Ommission, for the record, I'm Grace Rockefesller. I live 814 N.E. 71 Street, Miami, Florida. I'm president of the Northeast Miami Improvement Association. Mr. Jim Angleton, president of the Biscayne Boulevard Association was supposed to appear here today, but he's III and could not make It. With your permission, Mr. Mayor, we would like to defer any discussion of the proposed police station at 7211 Biscayne Boulevard until another date, and If I may, I'll use the time allocated to me, I would like to bring up another subject which I barely touched on Tuesday night. We have got 000nanic.... W. Edgard Blumberg: Before that's deferred. 1 hate to Interrupt you. Mayor Suarez: Yes, go ahead, please. Mr. Blumberg: My name Is Edward Blumberg, 100 North Biscayne Boulevard, Miami, Florida. I'm an attorney. Myself and my partner, Kirk Haas, came here today because of this particular item. We had been contacted by the City of Mlemi Police Department In reference to renting an office building that we own on Biscayne Boulevard to put a police station In it. I'm a trial lawyer and i won't be able to cane back here again. We've waited since 3:00, and if It would be all right with you all, we'd like to go ahead and tell you what our position Is and then you all could do what you want. Mayor Suarez: Please do so briefly as long as you've been waiting all day. Mr. Blumberg: Thank you, we were contacted this past sunner by the Police Department and by sane of the neighbors In that area asking If an office building that we own, which Is presently vacant, could be used to put a police station. We have the building for rent right now. It's been rented.before. We just want to tell you It Is still for rent, but we have other offers. .l do want to let you know where we stand In case this cones up again. We do believe that particular neighborhood needs to have a police station. The reason we think that Is we have watched over the last number of years that this has became a prostitute haven and a crime haven. It's very sad because the area that I'm talking about Is from about 79th Street to the Morn IngsIde area east to Biscayne Boulevard. It's one of the few middle.class faml.ly neighborhoods that are left In the City of MIanI. It's a shame you all don't have a tax base there. The property values In this area have actually gone. down, and our property taxes, while we hate to pay them, we get the benefIt.of paying less and It's a lot of subsidies that you al are missing out on. ;So we think that the only chance this neighborhood has before It dies Is to put a pollee station there, because It's extremely dangerous and It has a horrible reputation. The proposal that we would tell you that we would do with you a I I Is If you want to rent It, we wou I d bras 1 ca i l y subs I d l ze It for you. If we rent It to a private concern, we will charge the going rate In that area, but if the City wants to rent It from us. we wlll basically give It to you. We w i l l charge you a very, very . am l 1 percentage of our operat i ng cost of the mortgage payment. The reason we are willing to do.... Mrs. Kennedy : D l d I t come up to $600 a month, I f 1 re ca.1 I ? Mr. Blumberg: About SSW a month. It costs us close to $2,000.a month for mortgage, property taxes. We would give it to you absolutely for free, but we at. i east want axm Comm I tment f rom the C i ty that at I east you wou 1 d use the building. if you don't rent our building, that's fine with use too. We think that something rwmmft to be up there, because this area Is just about gww. So, we can't do anything more than that, but offer basically to give , you mom property, and we're g I ad to do I t. The ba I I s I n your court and you a I I can do with It as you wish. Mayor Suarez: We apprec l ate the offer and they time that you've spit urea. 145 Septombor 11, 11 Pt ,;a Mr. Blumberg: That's right, 1 did grant to mentlon, the address on the agenda said 7211 and It actually 13.... Mayor Suarez: 7211 B 1 sca►yne . Mr. Bluim1berg: Well, that's the wrong address. The address 1s actually 725i. ,I want to mention one quick thing. We get propositioned every day, not only when we ride on B 1 scayne Boulevard, by the prostitutes, but we get propositioned to put adult book stores, escort services, and peep shows In our building. We're on the east aide of Biscayne Boulevard. We've been offered a lot of money to put that type of a concern In there. It would be ftnanclally advantageous for Kirk Haas and myself to rent to that type of a iocale. We have resisted doing that because we care about the City of Miami. We're going to try to cont 1 nue to resist 1 t . I don't know that the other merchants up there will, or the other property owners. I suggest that If you all care about that area that you think about doing something to clean It up. 1 think a police station Is the thing to do. Thank you. Mayor Suarez: Thank you for your presentation. Mrs. Rockefeller: He Just made part of my speech for me. Mayor Suarez: He used up all your time, Grace. 'F Mrs. Rockefeller: He made part of my speech for me too. Mrs. Kennedy: Sure try to convince Grace of that. Mrs. Rockefeller: But, Mr. Mayor, what we'd like to talk to you tonight Is something we touched on the other day. I know that you, yourself, Mr. Mayor, and O mmIssIoner Kennedy, and Miller Dawkins, have been out looking over our corm un i ty . They agree with us, Just as the gentleman said, It needs attention; It needs It now. We have been doing almost all of the work ourselves. We've been here very few times for your help. We have been able to get economic development funds from 32nd Street to 87th Street. What we need now is a tax abatement. to go along with this. During the fine task force that we had on the boulevard where they arrested so many people, we did close down two motels. One, the federal government closed down because It was bought with drug money. The other one was a house of prostitution, which It closed down. Jim Angleton and I met with the owner of that building and he thought of renting It, having a clerk cane In and rent It by the week or month. We told him he'd get exactly the same clientele he had before. He would have further harassment from the community, from the Pot ice Department because we were bound to clean It up. Now If we get the tax abatement and I talked to Mr. Ernie Martin and Mr. Taylor, his assistant over the Dade County Deveiopnent Corporation. They said we should request you to amend your request under the enterprise zone to Include Biscayne Boulevard from 50th Street to 87th Street for the tax abatement. If we got that along with the economic deve 1 opment funds, we c ou 1 d go on to these merchants one by one, pet them to go In to same otter kind of business, because as long as they're In the motel business there, that's the only kind of business they're going to have, Is prostitutes and pimps and the oommtunIty Is still going to go down. If you took time and rode through that community from Beile Meade island, BeIIe Meade aIi the way down BaypoInt, Morn IngsIde, see the number. of homes up for sale. If you were to ask then why they are selling, they would tell you they can no longer stand being a hostage to Biscayne Boulevard. That used to -k be one of the moist beaut I f u l areas In the City of M i aam i . About six weeks ago an article In the North Miami Neighbors section where Miami Shores, North M i arm 1 , and North M i am I Beach got together to bea,ut i fy the bou I evard bemuse most tourists do not come 1-95 anymore, because of all the publicity It got by that robber 1 eye and the stouts. So 1 was Invited as a quest speaker at the Miami Shores Klwanies Club about a month ago. 1n the Questions asked, one of them said, 1%tut dog the tour i gists , what k I nd of a picture dot you th I nk the tourists have of the City fathers when they come down BIsCayne Boulevard through North Miami, North M I akin 1 Beach, and M i arm l Shores, goo it beautiful I y decorated. They get to the City limits, they're In a alum arena." 1 sald we have a rtiecw ackninistration. We think things are 10 i ng to ctange now bemuse they ` re wore w 1 I I I ng to work w I th us and we' re I ook I ng forward to I t , arc I f you oou 1 d do this. Mr. Mayor, and ors of the Omm m i ss l on, to get this tax abatement for us. They to I I us I t has% to be f I na I t zed by September I6th, Wou I d you be w I 1 1 I ng to I ne I ude that I nto your refit f rom the Made Ooun�ty Devolopnent? 148 Soptembor 11, 1$ Mayor Suarez: You're talking about enterprise zones. right? We. Rockefeller: Yes, the enterprise zone. Mrs. Kennedy: farm, the WAY I understand it, the September 15th deadline would have to be extended by the State and then the County also would have to withdraw Its current application. So what pavers does the City have? Mr. Pierce: This question cane up on Tuesday evening at the Hamilton meeting. At that time, 1 answered that I thought we were already beyond that period. We. Rockefe I I er , my apo I og 1 es , but we did look into it and I have signed a letter to you that you don't have yet, but I have a copy of it here, but bee lca 1 i y what we're saying In the letter is that Cade County Cotm I ss I on Is the one that sets that district. They d I d that on September 2nd and that Information the district had already been forwarded as required to the State. The only way that we can do any ameroMwts or modifications to the district at this point Is that the State has to change Its rules. But at this point it Is out of our hands to do anything for this year. - Mrs. Rockefeller: You mean we have to go .... when could we next apply? Mr. Pierce: 1 don't know what the State wlII be doing next year, but I'm sure the enterprise legislation will probably be addressed again by the State legislature. Mrs. Rockefeller: Well, Mr. Ernie Martin, the manager of this, said that If you acted on It now, the deadline Is September the 15th, and they would have It In there on time. It's September 15th. But this would be a great help. It would be a good Incentive to get these people to get out of the business they're In. You know, I've lived there for 37 years. Mayor Suarez: Grace, before you go on to tell us that, can we resolve the problen of the deadline or not? Mr. Pierce: Pb, sir, not unless the State Itself changes the rules. Mayor Suarez: Can we reapply next year? .,t Mr. Pierce: No, I was Just advised that the enterprise zones are set until. 1991, unless the State changes the rules. y` Mrs. Kennedy: So then we really have no power over it. W. Pierce: We don't. rJs Mayor Suarez: What department, Carmun1ty Affairs? Mrs. Rockefeller: I talked to Ernie Martin. i understand he's with -the Oounty Developnent, Eoonanlc Development and Enterprise Zones. He's the one that told me that If we appealed to you and you go along with It.... Mayor Suarez: Grace. If the City staff would remind us tomorrow to put a - call through to the director of the Department of Oammunity Affairs and see if we can get that extended. Mr. Pierce: We will look Into that. Mr. Mayor. Mayor Suarez: We will try the best we possibly can. We don't usually get things at the last mtonant IIke this, but you Just thought of the Idea of the enterprise zone for that area. We. Rockefeller: Well, I brought It up Tuesday night. 1 Just heard about it the day before and I brought It ups Tuesd&y night and I'm bringing It up again. Maya' Suarez: Fine. 1 understand that. That's the S&re problem we got, very I I tt l e awxunt of time to act. but 1 have a feel I ng that they w l l l be OrOnable to an extens I on , Just guessing. We. FWckefeller: We'd certainly appreciate anything you could do Kruse we' I I take It f ram there; we' 1 I work w I th the merchants and try to get them to switch around. 147 Selpt r 11, 1068 • 1. Mayor Suarez: Q.K.. Grace, and congratulations on all the other efforts In that northeast area. 64. ATE $1 ate?, 000 1D MIwTFiU-M I AM 1 ACT 1 awl PLAN (4 FULL. POS I T I ) Mayor Suarez: Itom 92, Or. Capp, I know you're going to give a full presentation. Would you give us an Idea on how you're doing on the matching funds? Mr . Carol Io: if I can, Mr. Mayor. . Mayor Suarez: Yeas. ccum I ss i oner . Mr. Caro IIo: They have made sane progress. but we still have toot contact personally saw of the other C1ty heads that we need to communicate and get some support from, so I think we.... Mayor Suarez: The School Board, I understand, they've cane through with some funds. Right? Mr. Carollo: There are same that did, but no where near enough. We need the major ones to. so we need a little more time to be extended, I think. Mr. Plummer: Could 1? I talked to Or. Capp about It. That is that possibly we go ahead for this particular year and we provide then with four positions for this particular year, with the understanding that It'll give them an additional year to look for funding and then they can cane back. But If not. and they're not able to, we'd be out the second year. But what I'm proposing at this time. Joe. Is to give then four positions now. Mrs. Kennedy: Which Is roughly about $100,000? Or. Capp: One twenty-five, Commissioner. Basically we are requesting one half reduction In the current allocation from the City In the form of a grant. Mr. Dawkins: What is the current funding? Mayor Suarez: Two fifty. Mr. Plummer: Two seventy. Dr. Capp: The current funding... about two fifty-one, Oomnissioner. a Mr . P Winter: I* I I make a motion at this time that we provide them with four positions for this current year. Mrs. Kennedy: I second. Mayor Suarez: AtYVW and seconded. Under discussion. Mr. Dawkins: Under discussion, J.L.. modify that to say ,that we w I I I provide them with the money and let him hire the people, because we tinny saddle h i m with som individuals that he may not want. Mr , P i u nwr : We a I so d i s sed that and I can on i y go a 1 ong w i th funding them the $100.000 bused on them pr t i ng a program to us that we agree or disagree that we think Is product I ve and they can draw dowrn on that program. W. Odio: Don't worry about that. Mr. P I u nnesr : In other words. It wou F d be a draw down rather than a grant. I ' I I be happy to approve that. Ws. Kennedy: Also, Dr. Capp, I met with that. It's a faxntaa,st i c organization. You do a lot of things though behind the send we never haear about. Perhaps If you Cots I d came beak with a month I y report, moot w l th 148 -the City Manager, advise us what you're doing we could have better cclmnun I cat tons. Dr. Capp: Certainly, we could do that, Cmn i ss i oner . Mr. Dawkins: I didn't let that slip by. I don't think you're doing nothing, but I'm going to fund you to see that you do do something. Dr. Capp: Thank you, Commissioner. - -Mr. C,arollo: Thank you for which part of It7 Dr. Cupp: For agreeing to fund us for the four positions, Commissioner, for the owing yeay. . We will certainly agree to whatever stipulations you make and report back to you on a regular basis. Mr. PILmner: You understand what i said. That you get no money until you present us with a program and you can draw down from the $1OO,000 as approved by this O mnlsslon on a given program that you present to us. Mr. Odio: Can I suggest something so that we don't create more bureaucracy? Can i suggest that we approve the program and that they draw down on that .program so long as they are performing. Mr. P1umier: That's fine with me. You mean a program of the total amount that they draw down monthly? Mr. Odlo: Yes. because what we need Is for them to perform something that we feet Is Important for the Black oamiunIty Is fine, but to bring back every s I ng I e request. Mr. Plummer: Fine, give us a budget. If we approve it you can draw dam as the program Is Instituted. Mr. Odlo: A budget with a program. Or. Capp: Yes, we have a program developed there. It's no problem with that. We can have that for you.... Mr . O I l o: Fine. just bring It to me. 1 ' l l present It to then, and you can draw on the money, once they approve It. Mr. Plummer: I so move. Mrs. Kennedy: 1 second. Mayer Suarez. Moved and seconded. Any further discussion? Call the roll. The following motion was Introduced by Commissioner Plummer, who moved Its adoption: MOTION NO. 86-728 A NOTION GgANTIN3 RECAST RECEIVED FROM REPRESENTATIVES OF NETAD-MIAMI ACTION PLAN (M.M.A.P.) AND ALLCt'ATINa FOR SAID ORSM I ZAT I CN $100, 000 REPRESENT I N13 FOUR FULL T IAIE POSITIONS IN THEIR ORt AN I ZAT I ON FOR THE PRESENT F I S1CAL YEAR. WITH THE UNDERSTAND I N3 THAT THIS ASSISTANCE IS INTENDED 70 GIVE SAID C13AN I zAT I ON MORE TIME To SEEK OUTSIDE FUND I NC3; FURTHER AGREEIN3 THAT ONCE THE COW I SS ICN HAS SEEN THEIR MCGET AND PROGW AND HAS APPROVED BOTH. M.M. A . P . C OU..D TEN DRAW UPON SAID FUgDS ; AND FLAiiHER REQUEST I N3 SAID ORGiA N I ZAT I ON To RENDER TO THE COWISSION A .Y AICT 1 V I T I ES STATUS REPORT. Upon be I ng Seeonded by Comm I es 1 over Kennedy, the mot 1 on weir ptrsised Adopted ' by the following vote- r r Ate: Ommissloner Joe Carollo Oammissloner J. L. Piunmer, Jr. Oommissloner Rosario Kennedy Mayor Xav i ear L . 'Suarez Ate: Vice4myor Miller J. Dawkins rem -M 7W Itun .....-...-.-_--.-._. OF ANNUAL- BLACK MAIC ASSOCIATION CONVENTION W. Odlo: 0n Item 94, Mr. Mayor, 1 would recanrend that we waive the fee for the park, which is $150. Mr. Dawkins: On Item 94, Mr. Rushin, would you tens dawn? This station has been chosen as the host for Black radio announcers. Is that correct, Jerry? Mr. Jerry Rushin: Black Music Association. Mr. Dawkins: Black Music Association, right. Mr. Rushin: Eighth annual convention. Mr. Dawkins: And the organization took Its conference to the Fountainbleau. But Jerry, In his efforts to push Miami, they decided. wel I, hey, look, we can't Iet them stay up on MIonI Beach and not let them see M1eml. 'SO they want to sponsor an affair In Bicentennial Park and spotlight Miami If we help cosponsor, so with the Manager's reoanmendatlon.... Mr. Rush In: "Thank You Miami Day," actually. Mr. Plummer: What's the cost? $20,000? Mr. Od'lo: $20.000 for two days. Mr. Dawkins: For two days? that ain't worth a damn. We Just sponsored something else for $100,000. What Is $20,000? Mr. Plummer: A.K., but let we ask this question. if we were to waive the fee, you're going to provide the mone)r for all of the rest of the things, -for the security and the sanitation and the cleanup and all of that. Mr. Rushln: we can't do that, sir. 1 wish we could. Mr. Plunner: Well, let's not waive the rent If you can't pay the rest of the fees. Where Is It going to come from, that Is the question? Mr. Rushin: This Is what we're asking for in tie form of a cosponsorship from the City of Miami Itself. That's why we're here to apply. Mr. Dmvk1ns: They're going to publicize Miami? Mr. Rushin: We're going to do It. Mr. Dawkins: And I'm going to see that we are... Mr. PILtamer: W. Manager. what Is a rea1Istic number? 131centermia1 1s a damn b I g park. What Is a reaIIstIc rudw of what they are really asking for? If they are asking us to waive the renta I , prov I de security, they Fire Department, Sanitation, the portalettes how much? W. Odlo: $20.000. a Mr. Plummer: I thought that was lust the rental of the park. Mr. Odlo: The rental Is S150. What goes with the rent Is the $20,000. Mr. Rushln: The rent Is $150; I'll pay the rent. Mr. P1 : The last of the big time spendersf First class while you last! y.; Mr. Carollo: You're also bringing same food and entertainment, right Jerry? Mr. Rushin: Yes, sir. Mr. Carollo: That's greatl Mayor Suarez: Make a motion for $18,850 and you pay the rest. Mr. Rush 1 n: 1 ' I I gladly take that. Mr, Ins: Also 1'd like to get with McKenzie and that thing where we have, "This Is Miami," I'd also like to get that completed. We're going to do It up and prawte M I can I . Mr. Russh i n : Briefly, we - re going to do a "Thank You Mimi theme around It, and want to get sane people Involved even you kind people here to Dome out for... Mr. Dawkins: No, he's running for reelection. You don't want him. Mr. Plums-: Not yet, I'm not. 3 Mr . Rush 1 n : I Vs go I ng to be a great event. 1 Just wish and i ' d I i ke to thank you In advance for your support, but I wish you would consider It. Mr. Plummer: You better wait for the vote. Mr. Manager, where can you find the money? Mr. Dawkins: Same place In Special Accounts, that we've been finding. it? , What is it, Special .Funds and Accounts. That's where in the hell we're going to find It. 'Ain't no problem. It's a City of Miami sponsored event. Isn't It? Mr . P l ureter : Well, let me tell you what I think you ought to do. I think we ought to approve it subject to the Manager finding the money. Mr. Dawkins: No, I think we ought to approve It subject to then coning proving to me that this Is promoting the City of Miami: Mr. Carollo: It's great listening to you guys, but Mr. Manager, 10d'ilke to listen to you now. Do we have the money or not? Mr . Odlo: Cantu i ss l over , we . don't have money In the budget for this , type ,of events. We have not fU%W any type of this event, but I am,at your service, sit. - Mr. Ochs: You mean to tell... hold It now. You mean to sit here and tell me that.... Mr. OdIo: Now.... Mr . 00wk i nss : Was I t a ml rite. No, no, no, see, 1 want to be sure s o ` both you and me can remain calm, because you're a Cuban and I'm Black. We .get tional easy. Hold on, now. There have not been events that can cov up which said that 1t would pranote Miami, and therefore It wanted Miami to be a COsponisor of this event and the may was found: Mr. Odlo: No, sir. _ Mr. Ddwk its: No. gust say yes or no to that. Mr- Od I o: That arnSWOr to thast Is yes with a cua 1 I f i cast i on . W . Dawk I nor a But now you re to I I i rig rrse... 18 the ansp W to that yes or no? 181 Sept~ 11 y' m.+f 'v h r Mr. Odlo: The answer Is yes with a qualification. Mr. 1 i na : Why? %bat 1 a the qua 11 f I cat I on? W. Odlo: That what we have sponsored television shows, that 1 can rersiber, with City monles to advertise Mianl. Yes, we have promoted Mimi. As. far as conventions. we have to nW knowledge, helped promote Miami through DOTAL. and the ABTA convention back 1n '82, It 1s true. Mr. Dawkins: And we're ,lust bringing Caribbean what, now? Mr. Odlo: And the I.D.B. Mr. D wrk i ns : The Caribbean what now? Mr. Odlo: No, the Caribbean Conference Is not a convention. Mr. ins: It's a conference. Mr. Plummer: No, It's ecorxinic development. Mr. Odlo: It's a separate.... Mr. Dawkins: We've done that right? But now you say we don't have any money. Sae, I don't want you to say you have money we don't have. Mr. Odlo: 1 would like to do this, Commissioner. I would IIke you to refer It to me and I will see If we can work with the Convention Bureau to get this convention done. Mr. Dawkins: That's what 1 want. Mr. Odlo: Every time you ask me to find money here.... Mr. Dawkins: No. no, no, no, no, that's what I want. Mr. Odlo: I would prefer to get the Conventlon Bureau Involved and see if we can resolve this. Mr. Dawkins: The convention Is the one that Is supposed to do this. They're helping conventions promote Miami. Mr. Odlo: Let me work with them and see what we can do. Mr. Plunner: 1 move It as reconnended by the Manager. { Mr . Caro I I o:. Second. Jer ry, how many peop I e are can I ng dam for this? Mr. Rushin: We're going to have approximately registered 1,8W individuals for the actual convention Itself. But what we have, we got peop l e I Ike Sam V Davie Jr., Stevie Wonder, a host of truly superstars Involved. This is the eighth annual convention. Mr. Carollo: They'll be coming to the park you say? Mr. Phishln: Yes, certainly. Mr. Carollo: One additional OJestion that I have for you. They're staying at the Fountainbleau and scme of the other hotels at the beach. Right? I& . Rushin: Yes, sir. W. Carol l o: low long ago d i d they p l aan this convention? Was It.recently or several years ? Mr . Rash I n : I think s 1 nr May of this year. It was a now order last year, t rot&t c each yeiar- , This will be the f 1 rat time It 00fts to th,� nth Florida area. Mr . Caro i I o: I'm Juat cur Ions W=t Something. How oome theft didn't pick of the City of M i am1 hotel i s to 00me here? 16211 a 1 Mr. Rushin: It's a good question. You say you're curious why they picked the City.... Mr. Caarollo: Did we make a pitch... did the City Itself make a pitch to attract then to the Hyatt and some of the hote I s downtown or not? M'. Rushin: 1 don't know. The governing... the bodies that was running out of Wash I ngton, D.C. started p I aann I ng I t I n May. They d I d not contact me unt I I probably the last of June with this City. They probably had some not knowing, you know, how 1 fe I t about the C i ty of M 1 am I as apposed to M I en I Bch, they went to contract somehow to get M i am I Beach Instead of caning to the City I imits of Miami. Mr. Dawkins: Would you find out for the CcmnlssIoner and I, If anybody from the City of M I am 1 went up there to se 1 i them the C I ty of M I am 1 or If a guy fran M 1 am I Beach so I d theft that. Mr. Rushin: O.K., 1 follow you, sure. Mr. Caro IIo: We nesd to know why they didn't cane here, to see If our people did anything for It; plus because being In the Beach, the appropriate place to go to is the Convention and Visitors Bureau. It's a group that we're all part of. Mr. Rushin: O.K., 1 understand what you're saying. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. The following motion was Introduced by Camnlssloner Piumner, who moved Its adoption: MOTION NO. 86-730 A MOTION REFERRIN3 TO THE ADMINISTRATION REMEST RECEIVED FROM RADIO STATICN W.D.E.R. FOR WAIVER OF USER FEE AT B 1 CENTENN I AL PARK IN CONNECT I ON W 1 TH THE 8TH ANNUAL BLACK MUSIC ASSOCIATIONS CONVENTION; FURTHER REQUESTING, OF THE CITY MANAGER TO TRY TO DENT I FY ASS I STANCE FOR THIS EVENT THROUGH THE CONVENTION BUREAU. Upon being seconded by Qorrmissioner Carol lo, the motion was passed and adopted -by the following vote - AYES: Ommissloner Joe Carolio OmmIssIoner J. L. Plunner, Jr. ` CmynIssIoner Rosario Kennedy Vlee4ftor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. W . $1, 400 ALL CCATEa TQ MN I C I P I OS FOR FEST 1 VAL AT ROBERT K I N3 H I Chi PARK 7 Mayor Suarez: Item 94.1, from the Munlclplos Eduardo Suarez, Eduardo Fernandez Padron. Mr. . Rolando Fernandez Paadron : No, my name Is Res l ando Fernandez Padron . it 13 a mistake. me Mayor aind C=n I ss l oners, I n6W to speak In Sp,Ean i sh . Mr. Odlo can to help me If he wants. MayerSuarez: W . City Muegar, do you want to translate so we can gat this over with? Mr. P I u ner : How much 1 is th 13 over? 163 Mr. Fernandez Padron (TRANSLATED BY CiESAR 0010) : We want to celebrate In the Robert K. I ng H I gh Park d party for the Mum 1 c i pa I I t I es of Pinar del Rio. They have been celebrating this event for years 1n this park. But this year, the rent has gone up substant1a:I1y. I an ask Ing the OIty OmmIssican that you free us of this rent so that they can celebrate their event there. They will provide their cwn securIty police, but they want us to help then with the rest of the mon I es they need. Mr. Odlo: The morales they need Is $1,400 which 1s the cost of that park. Mrs. Kennedy: Cesar, can you translate, to the Americans In this cortmunity, the Municlpios 1s one of the best kept secrets that we have. Mr. Odlo: You want me to say that In Spanish? Mrs. Kennedy: To him. W. Odlo: TRANSLATES INTO SPANISH. Mrs. Kennedy: It's a place where the Cubans cane to greet their families and their friends and It's a second hone. Mr. Fernandez Padron: Thank you Mr. Oamilssloner. Mrs. Cmmissioner. Mrs. Kennedy: It's a great Idea and I move to do it. Mr. Fernandez Padron: Thank you Mrs. Cmmissioner. Mr. Carollo: How much is the total amount of money? Mrs. Kennedy: $1,400. Mr. Fernandez Padron: No money, we don't expect Money, Mr Caro II -., Mr . Odlo: No, the fee.... Mr. Fernandez Padron: Only the fee.... Mr. Odlo: He speaks English. 17 Mr. Fernandez Padron: ....Insurance.... Mr . P I urmter : Where did all this Eng I I sh oane f ran? Mr. Fernandez Padron: 1 can speak a little English, not too much.' Mr. Caro lIo: I said the magic word, money. Mr..Plummer: When you start talking dollars, you start talking English. - Mr. Odlo: O.K.. the rent Is $1,400. Mr. Carollo: So It's not going to cost us anything. 'Mayor Suarez: It's fee waiver for the use of Robert King High Park Mr. Cairo IIo: It wlII not cost us anything. Mr. OdIo: No, the rent and expenses to clean up the park and whatever are $1400. Mr. Caro IIo:, YO3, but the MPwses, what are the expenses? That will be money that w I I I cost us? Mr. P 1 Uftftr : The total cost is S 1400 . . Odlo: The rent Is E180, plus you are talking the difference. it's the expenses for than park for that day. Mr. Carollo: $1,250. t 4 � > m Mr. olio: Yes sir. W . Fernandez Padron: Each day. Mr. Odio: That's total. IH4r' . Caro I 1 o: For each day, how many days do they want It for?< W. Odlo: No, that Is the total. That 1s the total. They have to provide Insurance. I don't know how much It's going to cost then. W. Fernandez Padron (TRANSLATED BY CESAR ODIO): They need Saturday to prepare the park. They need Sunday. - W. odIo: So they need two days. That Is atIII the same amount that we said before. W. Dawkins: It's been moved. W. Carol l o : Yes. W . Dawkins: You seconded? Second by Joe. Any further discussion? Call the roll, please. The following resolution was Introduced by Ca missloner Kennedy, who moved its.adoption: nrdv 1 er l PW Kn a `A-1" 1 l 67. REI El TO CITY MWAMR RETEST FROM GOLDEN G.ICYVES ASSOCIATION FOR SUPPORT OF TIC 1 R TI URN n Mr. Ins: Iton 84.2. W. Cairollo: 94.2 going once. going twice. Mr. Plummer: file's here. Dr. Yoham Is here. Mrs. Kennedy: There he Is. Mr. Carollo: .dust made It. Dr. B I I I Yoham: I've been here almost as long as you have. Mr. Carollo: You lust made It. Dr. Ycham: I'm Doctor Billy Yoham. I'm a chiropractic physician. 1 practice _ at 6301 Sunset Drive. I'm here representing the Florida Golden Gloves, which 1s a nonprofit organization. We sponsor the Golden Gloves In Miami. We've t been doing It. I'm the vice president. We've been doing It for the least 15 years through the director, Dick Lee. We are requesting. slnL`e we are a: nonprofit organization, 85 percent of the amateur boxers cane out of the Mleml° area; we would I1ke to ask the City to waiver the fee for the Dinner Key Y Auditorium for March 4, 5, 6, 7th, so we can have the Golden Gloves Tournament there In the City of Miami. We have been In the City of Mimi off and on the r � last 15 years. The City of Miami has been great for amateur boxing and It has te 4 f�� proved the kids that need the outlet of amateur boxing, to better their lives, FT7d to give them courage and give then the conviction that they can .became scmething of themselves. We would appreciate it since we are a nonprofit organization. We need you to please waiver the fee then for Dinner Key for this tournament. ' 1 '7 r Mrs. Kennedy: Mr. Manager, do you have anything scheduled for that time., ,for -s those days? Rs 1f Mr. Odio: What are the days, please, ommissioner? yfi ' lit Dr. Yohan: March 4, 5, 6, and 7th. I understand that those days are free: Mr. Od l o: We have to check I t out . I don't know whether that is r l ght or not. Mr. Piumwr: May 1 suggest that a motion be made. it Is proper that we send It to the Manager to i nest i grate. It's a long time off, and cane back and report to us. Mr . Caro I I o : I wou I d 1 Ike to defer to our own amateur boxer, "K I d Watson" here. W. Piummer: Kid who? Mr. Carolio: Watson. Dr. Yoham: We were going to suggest that maybe the Mayor of Dade County, Steve Clark and the Mayor Suarez be participants In the Golden Gloves. liJtr" . Carol i o: In the ring? Dr. Yoham: In the ring. Mr. Caro IIo: to mIght have a chance now. Mrs . Ke nnody : As long as I don't get cha I I e nged, it's O.K. Mayor rez: I have a subst1tute for m*. I have W1I I do his Imitation of boxer. Anyhow, Is your motion to refer back to ascertain that those states are In fact going to be avra i i ab l ea? . _ s Mr. P I umer : And a reckam endat I on . Mayor Suarez: That the fee be waived. So moved. Mrs. Kennedy: I guess you have time, Dr. Yoham. 1 ' 1 I second, yes. It's In March so there 1s plenty of time. Dr. Yoham: WeII , the only thing about the time factor is that tickets have to be printed, and I think they want to got Into the process of doing that as soon as possible. Mrs. Kennedy: What Is your deadline? Let me tell you where 1 stand. 1 love the program. 1 think he has done trcanendous for the City and It unites out trl--ethnic oamnlnity, so I'm going to vote for you. 1 Just want to make sure that you have enough time. Dr. Yohain: That's why I'm saying that tickets have to be printed. Would the cormisslon please look at It this way. 1f that date 1s open, can we go ahead and O.K. It now so that they can.... Mr. Odlo: 1 don't know If the day Is open, sir. We're sitting here today, 1 do not know what days are open in that center. Mr. Dawkins: Was this moved? Did somebody move this? Mr. Plummer: Yes, I moved. Mr. Dawkins: I second it. With us out here fighting, trying to get youths something construct Ive to do, trying to keen them out of drugs, trying to keep them out of crime, and we sit up here arguing about not making a facility available for youths, we ought to be ashamed of ourselves. Mrs. Kennedy: Yes, but hold on, his motion Is to send It to the City Manager to see if the dates are open. I am with you. 1 like the program. I think we should go for It, but that's a different kind of motion. Mayor Suarez: To approve It with the proviso that he should check.... Mr. Dawkins: If that is not available, let's make the Knight Center available. I mean, let's not sit up here and argue. We' II get you a facility. Dr. Yoham: Thank you very much. Mayor Suarez: Do you want to change the motion or doyouu want to leave it as stated? Mr. PIurrmer: Fine, that's all right. Mr. Dawkins: 1 second the motion. Mr. Caro IIo: Call the question. Mr. Dawkins: As Ccmmissloner Kennody said, whatever It takes, we'll find it. Mr. Odlo: Just give the authority, If the dates are open, to give them.... Mayor Suarez: I just want to be able to give the City Manager same clarity. Mr. Odlo: Let we ask you 1f I can do this. If the dates are open, I'll give them the facility and they can have their tournament. Mr . Dam* I ns : I f they are not, we'll try to find them.... Mayor Suarez: If not, Iat us knew, so we try to.... Mr . Cad 1 o: I' l 1 f Ind then an a l ternast i ve site. Ems. Kennedy: Find another place. Mayer Suarez: MWW and seconded. Ca I 1 the roI I , 167 g r The following vwtlon was Introduced by Camnissloner Plumper, who Ivwved Its adopt ion : MOTION NO. 86-732 A MOTION REFERRING TO THE D I TY MANAGER RETEST RECE 1 VED FROM REPRESENTATIVES OF THE GOLDEN GLOVES ASSOC I AT ION FOR WAIVER OF USER FEE AT COCONUT GROVE EXHIBITION CENTER ON WAIVER OF USER FEE AT COCONUT GROVE EXHIBITION CENTER ON MARCH 4, 5, S, AND 7, 1987, N OCNNEOT I ON WITH 71E HOLDING OF THE i R TOURNMAENT ; PROVIDED THE REQUESTED DATES ARE OPEN AT SAID FACILITY, AND, 1F SAID DATES ARE NOT AVAILABLE, DIRECTING THE ACMINISTRATION TO ASSIST THEM IN IDENTIFYING AN ALTERNATE SITE. Upon being seconded by OmmIssIoner Dawkins, the motion was passed and adopted by the following vote - AYES: Ca m l ss l over Joe Carol t o Cormisslover J. L. Plumper, Jr. Cavinlssioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Ga. CLOSE STREETS FOR GREAT COCONUT GROVE BIKE RACE Mayor Suarez: Itan 95, which Is noncontroversial, does not require any funds or a fee waiver. Mr. Dawkins: Move It. Mr. Carollo: Second. Mrs. Kennedy: Second. Do they have Insurance? -- Mrs. Kennedy: O.K. ityor Suarez: Moved, so we have a second? W. Plummer: Second. Mayor Suarez: Seconded. Any further discussion? Hearing none, call the roll. The following resolution was Introduced by Oomnlssloner Dawkins, who moved Its adoption: RESOLUTION NO. 86-733 A RESOLUT ION CLOS I N s CERTAIN STREETS TO TWO" VEHICULAR TRAFFIC AND ESTABL 1 SH 1 Nf3 A PEDESTR 1 AN MALL OUR 1 N3 SPEC I F I ED 14OLIS S FOR THE GREAT COCONUT GROVE BIKE RACE ON CABER 126 1 ; SAID STREET CL.OS I hD SIJBJE T TO THE I SSt.1J'aNCE OFF PEIW I TS BY THE DEPARTMENTS OF POLICE AND FIRE - RESCUE. AND 001*1.1 A WITH SUCH ODND1 T I ONS AND LIMITATICNS AS MAY BE PRESM I SM BY M.F. CITY. (Here fo I I caws body of reso I ut I on, an i tted here and on file In the Office of the City Clerk.) 1swtodw 11, 11. 3 Upon being s by Commissioner Kennedy, the resolution was passed and adopted by the fo I I caw i ng vote - AYES: Ca missioner Carollo Ccmm i ss I rr J . L. P I ummer , Jr. OQrmtissloner Rosario Kennedy V I ce yor M I 1 1 er J. Dawk I ns Mayor Xav I er L. Suarez htaES: None. . ABSENT: Nona. 69. A --FIRST PUBLIC HEAR I M ON THE BUDGET; IMPLEMENT SANE STANDARDS AS DADS COUNTY FOR POLICE PATROL VEHIa.ES. 8—ALLOCATE ONE MILLION DOLLARS FOR POI. I CE DEPARIMENT FOR OVERT I NE AND FURTHER OPEN RECFUJ 171VEW OF POL 1 CE NAT I O Ml 1 DE G-� POL 1 CE STRESS S I MLX ATOR IN HONOR OF DAV 1 D HERRING Mayor Suarez: O.K., let's get on with the: budget then. Mr. Plummer: Don't you have certain announcements to make? Do we have a ~' budget.agenda? ryi Mrs. Dougherty: I'll give you mine. but don't ask me anything about It. Mr. Plumier: All of that 1s the budget agenda? Mrs. Dougherty: l need to have It back for the ordinances to read. a; Mayor Suarez: Ken, l presune that's the item that you're here for. Right? r r. Mrs. Dougherty: 1 need another ore, 1 gave mine to him. '- Mayor Suarez: Mr. City Manager, what reports do you want to give us before 1 we. .. a �y. Mr. Cdio: This Is the first public hearing to discuss the FY 87 tentative .budget. The nmber one Iton Is discussion of. proposed mIIIa age rate,. anti rs tentat i ves budget for , the City of M i nn I . Item A Wou 1 d be the 'percentage Increase In mIIIage over rolled .bade rate. That's the Item on this _fIrat W. Manohar Surana: My name is Manohar Surana, Budget- Director, City of Miami. in order to adopt the budget and mlIlage. we are required. by State law t0 fo 1 IoMt Gene► I n procedures. We have to fo I I ow th 1 a agenda I n the -same order as.RaMan number 1.-A, which 1s the percentage Increase In mi114ge over ral.led. beck rate. Response 13 one and three. tenths percent. Item Bp sit#Ie purposes for which advaloren tax revenues are being Increased. PAmponse. prartial funding for public safety services $1,090,787; one hundred. percent. I tam C, C i ty Omen i as I on I I atens . and responds to ' c I t 1 ao ccrrrraants reggrb i ng the proposed m l l l age Increase and exp l a l ns the reasons for the3 increase over the rolled back rate. It Is time for c I t I zens response., Mayor Suarez: What do you mean by an increase of $1,WS,787 pant i a 1 fund I ng for pulp I i c safety services. Why are you Characterizing it that way? Is that .the overa I I I ncrease I n the t? 18 that what ycu l are say 1 ng? W. Surana: No, sir, that Is increase in property .tax OVW, the rollback rate and we are reciuIred by Iaw to explain It, you know. why we use It. w Mr. Surana: You are supposed to identify something, why is there a $1#000,000 rent. The budget has gone over $9,000,000. 1 cannot use $9,000,000 budget number, i had to use on t y $1, 000, 000 . It Is on I y a ..... requ i red by State law. Mayor Suarez: But that figure happens to be the excess over the roIIback a1voint , and you are cal l i ng i t , you are Characterizing It as pub l i c safety services. Lot me clarify that that Is not necessarily related to any particular deparbne:nt, certainly not to public safety in the sense of law enforcement, or anything like that. That would be the excess over the entire amount of IFS that we have without a rollback, without an Increase In the rolIback rate. In other words, If we kept the rate at exactly the same way it was last year, and it happens to be $1,090,000, which Is roughly 1.3 percent Increase over our last year's.... Mr. Surana: Rollback rate, yes sir. Mayor Suarez: Right. CK, I guess the police union certainly qualifies as being mambers of the public, so, why don't you go ahead and make your presentation. Officer Kenneth Nelson: Good evening, Mr. Mayor, Honorable CaTmIssioners, Mr. City Manager. For the record, I am Ken ielson, I am president of the Miami Fraternal Order of Pollee. What you see here before you today are your police officers, the outstanding men and wain Of the Miami Police Department. With them are their families, their friends, and the fine citizens of this carmunIty who support then. We came here before you today so you may hear our plea, as well as our unending support for our chief, Chief Clarence Dickson. - As you•are all aware, we tragically lost a highly professional, dedicated and motivated police officer last week, brother officer, David Herring. David was well liked and respected by all his colleagues. With us here today are two people who are very compassionate and loving people, two people who gave up their only son in the service of this eanmunity. Before we proceed with our west speaker, Mr. Mayor, Honorable Commissioners, Mr. City Manager, 1 would like to Introduce the parents of Officer David Herring, and their family. We have them with us here today. Tommy and Barbara Herring, would you p l ease coo forward?... his Uncle David and Aunt Ruth Ann Edwards and their daughter Rachel Edwards, and the Reverend Mr. and Mrs. Brooks. Would you please oane ,t} forward? y ry Mayor Suarez: We usually ask people not to applaud, but i think the occasion calls for applause for the family of David Herring. (APPLAUSE) =' Off loer Nelson: Mr. Mayor, Honorable Cannissloners, Mr. Manager, today we - stand before you, sere 300 or 400 strong, but we are here representing the entire department. and the entire community of Miami. As our spokesperson today, first I would like to Introduce Lt. Doug Rice. Lt. Douglas Rice: W. Mayor and Honorable Ommissioners, Mr. Manager, nW name I Douglas Rice. 1 an a IIeutenant with the City of MIarnI Police Department. 1 agent most of my adult life here I followed In nigr father's footst lie 0 %PW3 f spent 14 years here as a pot ice off leer. and a number of years as an Assistant City Attorney. I am here today to present to you the concerns and grievances of the off tongs you see here, and many hundreds more on the Outside of this butlding. Of course, the catalyst for us being here today 13 the untimely and tragic death of David Herring. We want you, the Commission, to known that we support the Chief of Police, and we are prepared to do whatever it takes to help him make this the best police department In the country. We are not here to assess blame, or to'threaten any labor action. or anything also that would detract f ram our sworn duty to prov i de the best pass I b I po t l oe sere l ce to the oannuinity, and to ensure that what ed to Officer David Herring will never, ever happim again. The death of Off loer Herring has caused at of us to look very hard at ourse1 ves and to look very hard at our Pot log Dempartmient . After DavId's funeraI, many of us felt that the best thIng we oouId do was to oonstruct 1 ve I y engages of the I &sues wid prob I ems that many of be I l eved nay irAve caontr I buted to David Herr i ng' s death. In trying to reso t vee these problem, a group of pot foe offIc ers met with Chief Dickson to dot with, what we think the naeft of the M l am l Pot foe Deparbnent are. After mach d I scass ion I rm two days of very hard and strenuxaus and honest, d I a i ogue over the I *sue$ of the day, we reso 1 ved that our very tap Issue Is to give Caw i e+f CI arm Dickson our total unwraver i ng support for him to take the rooessary *ct toms to • eliminate the current deflcienCles In the City of Miami Police Department. We realize that Chief Dickson will have to make same tough decisions and they are not going to be popular with everybody, but I think that most, If not all of us, agree that they have to be made. The group of officers that met with the Ch 1 of have asked me to a I so present the fo I I ow I ng spec I f 1 c gr 1 eavance to you and p► I ead for you he I p In reso I v i ng then. Aside from our unwaver 1 ng support of the Chief, we are asking you today, the staff of the City of Miami Police Department at its budgeted staffing level of 1,oSo policeman, we need those DoIIcamen desperateIy, and If we are going to continue to do the Job that you are asking us to do, we have to have then. We need the current patrol shifts Increased by 25 percent across the board. The complaint roam Is 16 dispatchers short of Its optimum staffing level. I.D. technicians, which process our crime scenes are understaffed, undertra I ned, and III equipped. We need to Increase the vehicle fleet so every un i forma d officer can have a permanently assigned car novel We need to change Immediately the current procedures for procurement and maintenance of police vehicles. We need to clean up the police building. We need to fix the security system, which Is totally Inoperable In the City of Micinl Pollee Station today, and easy access to anybody that Is allured 24 hours a day. Probably one of the most sensitive Issues in the Police Department has to do with management promotions. It has caused a lot of us concern over the years and we think some changes are timely. The members of this Police Department I think unanimously support, and ask you to support Chief Dickson In establishing realistic criteria for the selection and appointment of unclassified positions In the City of Miami Police Department. We want you today to unfreeze promotions to classified positions as sergeants, lieutenants, and captains, and we want you to support Chief D I ckson In h I s efforts to reduce of number of staff off 1 cers that are currently In the MIamI Police Department. To resolve these problems, It Is going to take resources. it is going to take ocimmitment, and It Is going to take support, and It Is the kind of resources and the kind of commitment and the kind of support that only you can give us and the Chief. We promise always to remain faithful to the City of Mieml and the Miami Police Department, but If you agree to help us today, you have our commitment that we will serve the oarmwnity with a renewed vitality and put our problems behind us. Please, in the name of God, and officer Herring and his family, please help us. (APPLAUSE) Our next spokesperson will be our lodge attorney, Mr. Robert Klausner. Mr. Robert Klausner: Mr. Mayor and members of the Comnisslon, Mr. Manager, my name Is Robert Klausner, 28 West Flagler Street, Miami, Florida. I knew David Herring very well, because last week was not the first time that David Herring faced death as a police officer. Earlier this year, David Herring had a crazed citizen level a gun at his head, and David Herring had to do that which police officers fear most, take a I I f a In the name of duty. And I spoke with Off leer Herring about that the night that It happened, and Officer Herring was a deeply thoughtful and religious Individual, and we talked about the fact that poi Ice work Is exact I that, I I fe and death, and that every day, when a police officer goes out there, It Is a lot more than writing tickets and fIIIIng out reports because no DOIIce officer knows when that terrible eament oonras when life or death faces you, and the greatest tragedy 1n David Herring's death is that It didn't have to happen. It was not in an 'act of valor. It was not where he even had a chance, but rather It happened because of neglect. and It happened becauee we lost sight of what is most Important to the men and w arne n who saer I f 1 ce the I r I I ves every day . I wou I d 1 nv I to you to visit a p l acre In the Po I Ice Department that many pass. but few observe. i n the lobby of the Police Department. Is a wall with a number of gold plaques on It, and It bears the names of those who for the benefit of this society, and this City, have made the ultimate sacrifice, and soon David Herring's name _ w I i I jo I n those ha 1 I owed few - We know the men and VXYMn that are the Do I I ce officers of this City. that there will be other names to join that wall, but we also know that names should never join that wail for the reason that David Herring's name Is placed there. The men and warren of this PolIrye Department are here today because you have the Dower to protect then as they take the steps every day to protect you and other c I t I zens of th I s C I ty . (00I&AE TS I N - SPANISH)... which In EngIIsh nvmns, there Is a far cry between speech and deed. We have heard many words. Now Is the time for deeds. Hear them, I I stem to them, and do them so that we can do the job to protect you. and I et theme be no more Dav I d Herr 1 ngs . Thank you. (APPLAUSE) 161 SeptaTber 11, low Officer Nelson: Mr. Mayor, Honorable 0cmnissloners, Mr. City Manager, today we stand united. We are not Black, we are not White, we are not Hispanic. We are not male, we are not female, we are police officers, and we are one big happy farIiy here. We want you to know that we stand behind and support Chief D I c kson 100 percent. We p 1 edge before you today to do whatever Is necessary to assist Chief D i ekson In h I s capac I ty to do h I s job. We hope that we can count on each and every me of you to give us and Chief Dickson your continued support. We know that action Is under way to address the probimis and concerns of the Police Department. We ask that you don't delay, that you do It now, today, not tonwrow. I'd like to play this tape here for you. (AT TH 1 S POINT A SHORT TAPED ELLOGY TO OFFICER DAV I D HERR I N3 WAS PLAYED) On behalf of David Herring, his family, the men and women of the Mlaml Pollee Department and their faml Iles, and the fine citizens of Mlami, we plead, do not let this happen again, do not let this happen again, do not ever let this happen againi Thank you. (APPLAUSE) Mayor Suarez: Does that conclude the presentation? Let me Just read to you a memo I sent on this Monday to the City Manager, asking for these Issues to be considered prior to the next regularly scheduled agenda, which will be on the 25th, the second reading of the budget. "Please place on the next regularly scheduled agenda, the following issues related to the purchasing and maintenance of police vehicles: 1. A complete review of the maintenance history of the autanobile which apparently caused the death of Officer Herring. 2. Review of the policy under which Miami police vehicles are kept In operation for 70,000 miles, (that is what I have read In the papers) in comparlson to other Jurisdictions In this respect. 3.Review of prior budget years allocation of monies for purchase of now vehicles, and the speed of implementation of said Carmisslon budgetary decisions. 4. Review of existing policy, If any, regarding procedures to be followed when vehicles are In use with the engine on Idle. 5. Exemption of all Police Department equipment fron Sunset cannittee review. (APPLAUSE) And 1 make reference to my memo dated February 16, 1986, calling for exoptlons for hanicide Investigations. 6. Reoonnendations for purchase of new vehicles In fiscal year 186-187. Now to addition, I am going to ask the City Manager, and I believe the rest of this Oomnission is going to feel similarly, but they can express themselves, to give me prior to the next 0=IssIon session, an estimate of the effect on the DepaxrtrimtIs budget of the above re= mendatIons as well as those proposed by the' poIIce union, so we will take all of your reommendatIons Into consideration. (APPLAUSE) Mr. Caro IIo: During the last six years, I think you men and wcmM of the MIamI Police Deparbia t have gone through more trying times than any police department in this nation. i think people in this community appreciate extremely the Jobs that you have been doing out there. We understand acme of the problems that bring you here today. Thew are not problems that have happened over night. It has been a combination of things that have finally brought you here today. I think that what we have to let you know here this evening Is that we are going to hear you, our doors are going to be open to you, that we nead to have th i s I rout from you, not once every year, or once every two years, but we nit to have a direct I i ne of oormun icat ion with the rank and fIto of our department. I think that the Miami Pot too Department not only was, but Is, the finest police department in this country. Unfortunately, because of the fear Incidents that we have had In the past, stone have wrongly tried to g i vec a different perception of the outstanding men and waneen that we have In the departnt . What I would l i kea to see i s , that on a monthly bes i s , we have direct repr tat i on of the rank and file of our Po l tee Department to be regu 1 ar 1 y scheduled In our Com i ss i on meetings so that we can ter from you, whe'sthear 1 t be an hour, whettne r I t be ton mt nuteo, whether i t be hee I f an hour, and hear d I ract 1 Y. on a month to month bas I s, from you, the per+ t e that are out there I n the struts, gust what I a h&Nxm I ng w I th our Po I I ce Department, what are our roads, what to ha n i ng In they streets. I think only In that way can we prevent sane of the wrongs that have happened 162 11 1 rj- throLKOmt the last several years to cam to the point that we tie here today. Thank you. ( APPLAUSE ) Mrs. Kennedy: Mr. Mayor, let me, f1rst of all, express my sorrow to the family and the fallow officers of Officer David Herring. His death has been deeply felt by all of us In this Q=1ssIon, and by the whole ccmnunity, but we must use th I s tragedy as a I e son. We must be sure that I t does not happen again, eever l I also take this opportun I ty to c cmmend our Po 1 I c e Department, because scmetlmes rightfully, or wrongfully, they take a lot of heat, and It 19 at t Imes 1 1 ke th i s that we must st I ck together. I know that our po l 1 ce force cannot be everywhere at once, and that our carmunity needs their presence, but I also know that our budget Is tight. I don't feel that your requests are that way off, and I would like to take this opportunity to take the S 1,0DQ, 000 that Commissioner P I umier Instructed the City Manager to have to find at our budget hearing, and put It In our police officers already working In the force, and give then an extra day. If we train a new police officer, It can take months, eight to ten months, by the time that they can go out on the streets, but by doing this, you are already here. The money doesn't have to sit there forever, and we can do It within a week, once you have the moxiey. . Mr. Plumner: toff duty, Just clarify the record, that was... Mrs. Kennedy: Yes, off duty. Mr. Plumner:... the money was for, If they wanted to work a fifth day, rather than the four day... Mrs. Kennedy: Instead of the four days, an extra day. Mr. Plumper: Mr. Manager, I am sure that you have the list of demands that they have made. 1 am not going to call then demands, I am going to caII them requests, and those you will have to deal with and cone back to this Coemisslon so that we can deal with them In budget. Let me speak to another .Issue that 1 am very concerned about. 1 am concerned about what happened last night! This Commission had every assurances that after the tragic situation that happened, that all of those cars were going to be checked, and they would not be back out on the street until such time as they had been declared safe, and at 11:00 o'clock last night, as I am watching the nears, two of our police of f icers , thank God, to a very l esser degree, i t was a l l eged that they were of footed by the soiree prob 1 earn. Now, the mad 1 a has been fu 1 I , s I nce the death, of ail of the people over there with meters and gauges that they were testing these cars, and I am very concerned that this thing happened again last night after l had been given assurances that It wasn't. Now, Mr. Manager, I guess what 1 am saying to you, that as one O mnlssioner, I don't want one car put on the streets of this City, that has not been dec-lared safe by whatever standards you are setting, because unless 1 have that assurance from you, 1 might be looking at the 11:00 O'clock news tamorrow night and we might not be as lucky, so 1 am saying to you that, for one, I would like to see, and have your .assurance that none of these cars will be put back on the streets until they have been declared safe, and Mr. Ailanager, I will go one step further, If we have to go out and rent cars, If we have to go rent cars to out then out on the street, to put then In a safe vehicle, they have every right to. that assurance, and 1 hope that... (APPLAUSE) I wou I d on I y 11 ke to on l y ask Ken, you or Doug, either one, either one of you, i am sure, can answer 1t In your presentation, I want you to delineate so that there Is no misunderstanding when the Manager starts putting his numbers together, you said a permanent vehicle for every employee. Nm, I don't think you are saying that we have to buy 1,060 vehicles. Nbuld you clarify that for me? Officer Nelson: We are talking about sworn personnel and patrol, guarding the streets. Mrs. y: for each zone, then? Officer Nelson: For each Individual. Mr. Plummer: In other wards, are you saying... Officer Nelson: CSC, If you haven zone, you can have as marry as 14 to 15 peop l e driving In a week. Em 11, low kz=,��znig W. Odlo: then, can I ask a question, please, sir? Yesterday we met with Sgt. Taylor and I forgot the other name... Officer Nelson: Finkelstein, Mr. Finkelstein. Mr. Odlo: Finkelstein, and we cam up with a formula, I think, that we Can meet, but I would 11ke to tell this to the Mayor and the Commission. Mr. P I ummr : WeI I . can I go back to my cyst Ion? Mr. Odlo: Your question Is, Is It per zone, that means that If we figure It out correctly yesterday, that no more than four people would drive one cruiser. Officer Nelson: That Is If there Is an Individual permanently assigned to that zone, but sometimes there are zones that could have a different person every day. Mr. Odio: But, our goal, what we are trying to work out, Ken, and Mr. Cmmissloner, is that at this time, no more than four people would drive the same unit. Mr. P l u rmer : We l l , I et me ask the bottom l i no. The bottom I l ne i s i n your estimation, how many more cars would have to be purchased? I guess that Is the bottom Iine, because that Is where the numbers of dollars cane Into play. Lt. Rice: It Is a very difficult assessment at this point, because we are - dealing with two potential proposals, one is the possible recarmendatlon that we allow City of Miami police officers that live In the City of Miami to have cars assigned to them to take hare, and the ruining... s Mr. Plummer: Well, Doug, we know that, as Commissloner Carollo proposed, thatL that was 60 In number. We know that number, and we... Y Mr. Carollo: That Is to begin. Eventually... Mr. Plummer: Yes, 1 understands tt ?: Mr. Caro IIo: ... we hope that will be the rule. Mr. Plummer: But, dealing with It In this budget, we knav that that represents as told by the Acbninistration, $1,000,000, OK? Now, are you T . saying, In your... I an trying to clarify It so It doesn't oa, back later and say, 'Well, you didn't understand". because I didn't. Are you saying that we SF need to purchase another 60?200? 1 don't understand, that Is why I am trying `- to get It clear, so that when they start adding up the dollars and the renumbers, that the Manager cones back and says, "here Is what has got to give, so that we can do this, this and this." Mr. Od1o: Kenny, Doug, If I may, can 1 ask you to do this, and, then maybe we Can bring numbers together, since we are trying to work together. Charlie has a formula that might be acceptable to us and that would be aoceptab l e to you, to s®e If that Is the mnftr of cars we need. We worked Out that formula yesterday. He did not have a Chance to meet with you today to explain It to you, ao maybe If we d I d that and then figure out the exact number of vehicles we are talking about. Officer Nelson: In actuality, the only thing we are really prepared, as far as repr t i ng the miaambersh I p of the F.O.P. and the people that are here today. Is that we want psarmuanent I y assigned cars for un i fomed vatro 1 officers. 6QUIImWt that they Can count on to be there every slay. so that they don't have to take the kind of risks that resulted... what resu i ted in the last couple of Weeks. I don't know wham it to Do i ng to take. It Y twice a doub I I no of the un 1 formed po I I ce f I eat, not the ant I re po I I oe f I eat, but the un i f po l I c e f 1 eat . I don't think the nuTber Is going to be toss far off that, but I think It may take up to those many cars. Mr. C9d i o : I think we have worked out that fora u 1 a, Conn 1 ss 1 caner , and we can out b&* to you with a forma I a to so1 ve this prob l corm. Mr. Plum r : Mr . MWIfige, th I s of course, w 1 I I have to be addressed at the f I na I budget hear I ng I n two weeks . W I I I you have a re ccu re dat I an for ups. the 1� t 11 � GIs Ommission, and for then to go over also, at least five days In advance of that budget hearing? Mr. Od1o: WeI1, 1 would 1Ike to say this, first of al 1, Co mIssIoner, that 1, as C1ty Manager, have to accept full responsibility for what happened and what oauId ever happen here, since I em respons1ble for a I I the drat Ions of the City of h91 nI. &and I ac t that responsIbI1Ity, and because I have the power to go along with the responsiblilty, 1 want to make sure, or try to make sure that this never happens again. We are working very hard to change the way we do business within the maintenance department, we are working out a formula for fleet management. I believe what they are requesting here today, and that, by the way, I was aware of that request, bemuse Chief Dickson and 1 have talked about it, that It Is not unreasonable; that the number of officers they are requesting Is what Is budgeted for, and we must make every effort to make sure that we get enough classes In the academy so that we can keep that number up. It would be easy for me here to tell you, yes, I agree with the 1,060. and I can a 1 so k 1 d you and to 1 I you that the way 1 learned how this ecadany works now, and that we get 35 people In there, by the time they came out, we have 30 off Icers that we lost, so you get a net Of f Ive, so I have asked Chief Dickson to come back to me with a plan on how we can change that process so that we can get more people through the academy. I have asked him that If the delay is In background Investigation, to go ahead and make changes so that we can get more people checked, so that we can get more people ready to be police officers. If It Is a problem of recrultment, let's recruit more intensively and foIIow the Instructions that I received In the workshop fran the OmmIssIon and to go ahead and recruit, but I don't want to tell you that we are going to have 1,060 officers overnight, because It Just won't happen, but that we have to make a carmitment that we have to get the force to that number. . I think that the forma I a that Caren I ss i oner Kennedy Is propos 1 ng , of using that $1,000.000, It will add 22 people a day to the force for the time being, while we can change the way we process trainees, and the academy and so forth. 1 want to a I so f I n I sh this by say 1 ng that Chief D I ckson and I have been working together for more than nine months now. We have been working together for seven years, we are friends. He has my support. He Is the Police Chief, he makes the decision within the Department and that it is the way It Is going to be while I am City Manager. Thank you. (APPLAUSE) Mr. Dawkins: How many sworn officers do we have now, Ken? Mr. Odio: 1,060, 1 understand. Mr. Dawkins: 1,060, I understand. Mr. P l wmer : 1.060. Mr. Odlo: Yes, we are short 64 officers. I understand. Mr. Dawkins: We are short 64 officers. tow, according to you, 35 In, and 35 out we will stIII be short 64 officers. Is that correct? OK, I think If we make a pledge here between this OomnissIon, the police and Administration, that we will do something to stop the attrition and make IIfe more canpatIble for the police officers and they wouldn't retire or quit, and therefore we could very easily make up the 35, but as long as It Is a hassle to go to work, you don't want to go, and you get out as easily as you can. I admire those of you who stick it out. The other thing I'd IIke to say Is, haw many new vehicles do we have on hand? Mr. Odio: 81r, we put 78 new vehicles In the last three months of service. We have ordered last week... Mr. Dawkins: Mr. Manager, Mr. Manager. Mr. Manager! How many new vehicles we have? Mr. Od I o : I am trying to answer. Corm 1 ss i oner Dawkins. by sasy I ng that we ordered 78 new vehicles. They are now In service. Mr. D&, r* 1 ns : You don't have any n&r veh i c I es sitting In the yard that are new, that do not have sirens on thin and all? Mr. Od1o: The last report, I gave an order that we had 42 vehicles sitting In the yard the last time I was there. four days later they were running. 155 5"itrr 1 '1. 1 • W. Ckw* ins: 42 fram 78 eeaves... Mr. Odlo: We have no new vehicles. We have the dogs. We have four of the canine units left In the yard. Mr.Dawkins: We have four what now? Mr. Odlo: The canine units. The reason for the delay on those Is that we are manufacturing a cage that 1s especially designed for dogs so that the dogs can be properly Bused In the back. Mr. Dawkins: These 75 new units were put into service when? Mr. Od l o : The last units went out last week, Oxmn I ss I over . They have been going out on certain... Mr. Daw4kIns: CHIC now, we put 70... Mr. Odlo: We put 42 brand now units. Walt a minute, let me go back... we ordered 78. Last week we had 42 In the yard. They were all put in service, less the nines. Mr. Dawkins: Rut Into service when, last night? Mr. Odlo: Last week. sir. Mr.:Odlo: So, 1f you and I drove over there now, we wouldn't find one new car that Is not In service? Mr. Odlo: Nine canine unit cars are sitting there where they are Installing the cages now. Mr. Dawkins: All right, so now, so all of these vehicles, then, that are death traps. we have no way of getting them off the IIne until we buy more vehicles and move or put then on, Is that correct? Mr. Odlo: No, sir, there Is an order given by me, that none of the vehicles that failed that test can be out out to service, and if they are doing that, It Is wrong. There Is an order that no vehicle that falls the test can go out. Mr. Dawk I ns : C MIe on up, i want to hear th I s of f I cer. . He seams to have a problem with what we are saying. Officer Martin: I am Officer Martin. I am one of the trainers for the Can Ine Unit. I am also responsible for building the cages that are In the vehicles. They purchased for me some of the water I a I s to bu I 1 d than. At the present time. I have 13 veh I c 1 es that I don't .have, not nine, there are 13 vehicles that 1 don't have. (I N14W I l3f.E BACKGFKX O COMMENTS) Mr. Odlo: Weil, I can only go. Mr. Martin, by what I aw told by the people that work over there. Mr. Dawkins: CyK. all right, fine, W. Martin, you need how marry autcs, lies? Officer Martin: I have 13 more vehicles that I am supposed to receive. Mr, ins: Thirteen, all right. Officer Martin; The slowdoom in the building of the vehicles 13, not Insta11-ing the cagesit takes me approxImate1y a day to InstaII the cages. 1t has taken the O.D. shop three and erne/half to four days to put the radio oWlimnent In them. Mr. Cello: Mr. Martin, If they did that, they are wrong. I told them that they shou 1 d not take time out to out radios on the veh 1 rc I es. as You Can use your hand he I d system, and you do not need r,ad 1 os on those veha I c I as, so I f that I s the reason, Mr. Martin. I apologize, w d w i I I correct that as own as pass i b l e. 1apt~ AIk � . W. Carollo: Not. only that, but It don't take three and one/half days to put a darn radio in a vehicle. Thank you. _ W. DaW k I ns : So you see, we have goat a prob I en here that we have got to correct, OTC? Now, I M not go I ng to s 1 t here and let these fine officers go beck out Vie. and �i 1 1 at my house, wh I ch you feel free to do, 1 am In the phone book. NcNv. I am the o n I y team► I ss I over In the phone book. Mrs. Kennedy: No. way. I am tool W. Dawkins: No, i don't want anybody else going out there, even thinking that he Is being gassed. 8o now, what do we have to do, W . Williams, and W. Manager. The oar that this young officer died In, what year was It? W. OdIo: 1982. Mr. Dawkins: 1980 Plymouth. W. Odio: 1981, i am sorry, Plymouth W. Dawkins: 1981. How many 1981 and 1982 vehicles do we have In service now? Officer Nelson: A lot. As of July. we had 48 Mr. Dawkins: No, she has got a record. Hold It, see now, If he is wrong, you cone back and tell me. Officer Nelson: Are you speaking specifically to police cars? - W. Dawkins: I am thinking about the cars, IIke the autcmobIIe that the officer lost his life In, one like that. W. Ronald William: OK, at present, the total number of 1981 cars Is 19. W. Dawkins: Nineteen? W. Williams: Yes. W. Dawkins: All right. No 1980's? Mr. Williams: 1980's, there are 38. t Mrs. Kennedy: See, that Is another thing, W. Manager. W. Managerl Mayor Suarez: I am afraid to ask If we have any 1979'sl Officer Nelson: W. Mayor, you also need to ask how many 1982's we hav%, and that Is the type of vehicle that we had an incident last night. Mayor Suarez: We are going to try to ascertain that, sir. Serlously, do'we have any 19794s and '786s, or so? Officer Nielson: No. we don't. . G°= * • .. Kennedy: TtW disagree. W. WIII1mac: Lot 'a attanyat to put th1s 1a parspective total police cars, total patrol cars, or what? W. D k i ns : Total patrol cars. Mr. W I I I I : Total cars. OK. k%yor Suarez: Yes. that I np 1 udeae the Marked ones. 187 You are talking about M1f Mr. Dawkins: All right, let me rephrase this. In my opinion, I don't know, and 1 think 1 an going to speak for us up here. Any car driven by three people three times a day, patrolling the City of Miami, saving our lives, fran 1979, 100, 181. ' 82, should be out of service. Whatever It takes to get that done, 1 think we should be able to be about that business, If you don't, you see, mV going back, attempt 1 ng to recruit to Taut spy In here, we keep losing then, I mean, and after a while, half of these people out here are going to screen, "Well, you aI1 aren't doing a damn thing to save my IIfe, so why should I heIp you, now. I an going to quIt." (APPLAUSE) So, as J.L. Plummer said to the Manager, and I think all of us are going to say this... J. L., 1 don't think we need to hold up until the next budget hearing. I think you should set a date and let the Mayor call a spec IaI meeting and let us sit down and look at this policamn needs and see where we can go Into this budget and come up with those funds, and there again, all of these festival fundings and things, people who get angry, they will have to get angrier. And let's meet the needs to keep this operating as the best damn pollee department In the world. (APPLAUSE) Mr. Odlo: OmTnlssloners, Mr. Mayor, next week you will see on the agenda that you will be requesting, If we get the specs they are working on... Mr. Dawkins: See, hold It, hold It, here we go agalnl Mr. Odlo: they are working on. Mr. Dawkins: Walt, Mr. Manager, let we cut... 1 mean, 1 hate, I am not trying to be rude, OK? Mr. Odlo: Are you going to let me finish? Mr. Dickson: 1 don't need no speed The State of Florida has a spec. Dade County buys the autcmoblle by the State of Florida. It Is a police car. Hialeah buys a police car that meets the State regulations. Sweetwater buys one, so now, what is It I have got to go out for a bid for? Buy the same car. that we buy everywhere else, and let's... (APPLAUSE)... and after we meet the needs of our policemen, then If we want to sit down and play with bids and all that, than let's do that, but right nov, this Is an emergencyl Mr. Odlo: You wlII have 22 new cars In the agenda next week, or the day we meet for the next agenda. I& . Dawkins: No, no, no. If you can get me 22 cars tomorrow, Mr. Mayor, will you call a special meeting Monday morning for this CC=I ssIon to approve the purchase of these 22 vehicles? Mayor Suarez: We can approve It right now, as far as I am concerned. I red I think that the consensus of the Cc=IssIon is clear, and I will take It in the form of a motion, that we have to retire any poIIce.cars that are more than four years old, that wlII get us back to 1981, certainly, and 1 would say In excess of 40.000 mlles too, because we have to be careful about ones that are overused and replace these IffmadIateIy, and I would accept a motion to that effect. Mr. CarolIo: I think more so, we have to reestablish some guidelines. Right nov the guidelines we have. I think is quite clear, are not accurate. We can't have vehicles changed every four, five, six years. Now, why Is 1t that we keep vehicles, one two, years longer than other major police departments? Mr. Odlo: That guideline was established back In the 170's. 1 think It needs to be changed. and we are going to change It, and we are talking right now of two to three years, no more, and than rolling patrol cars back to other services. Mr. enrol lo: What are the guidelines... Mr. Odlo:... but In patrol, 1t 1s Icing to be longer than two years. Mr. Caro I l o : What area the gu I de I i nes of Dade County? lea , . 11low Mr. Odco: Two years In service. W. Caro IIo: Yes, two years. What are the guidelines that we have right now? ;y Mr, lo: We have a gul0ellne that Is four years. Wait a minute, patrol cars, It's four years or 70,OW miles, or. scanethIng IIke that. Officer Ne I son : 60,000 or 70,000. Mr. Oaroilo: 60,000 or 70,000 miles. Mr. Odlo: They are telling me... Mr. Carollo: OK, what does the County have?... two years, or how many miles? Officer Nelson: Two years. W. Caroilo: Just two years. Officer Nelson: And if they get In an aocIdent, they don't even put then back an the road. We put then out on the road without even flxing then. Mr. Carollo: Well, I thlrk If we are really going to put sane teeth Into this. we should establish those guidelines right now, with a max Imun of two years for patrol vehicles. (APPLAUSE) W. Dawkins: Now, we've got that squared away, what Is the life of a motorcycle? Mow many of those we got that should be Junked? (I NMD 161.E BACKGROLM COAVENTS ) Mr. Dawkins: Ken, will you get the Manager, and find out... 1 mean, with Mr. WIIIlams, and cane back and let me know how many motorcycles we need? W. OdIo: I understand they are using the same guidelines for motorcycles that the use for the patrol cars. Off leer Nelson: We have some 1979's on the road, I understand, right now, I've been advised. Mr. WIIIIsm: They are all spares. Mr. Odlo: We will check It out. Mr. DeaMc i ns: Where Is sanehody here on motors? Off I oar No Ism: Off i cer MmQueen Mr . Dawk I ns : Off i cer McQueen. what I s your... and I an ask 1 ng- . you; Mr Mmoer, I'd like ask him this please, air, so nobody w11I hold it against h im, when he gets f i red . In your opinion, air, do we need to purchase any motorcyc i es? Officer I am riding an '82 with over 40,000!miles now. We also have I O's out there, with Just as high or as much mlleage as that. Mr . D&* I ns : Naw. we w ! I I Dear f rcxn our motorcyc I e expert. J . L . , what... W. Plummer: I hate to toll you the one I am riding right now Is seven years Old. Pete what, It has 13.000 miles on It? I never ride It, that Is why. Mr. Ins: What I your feeling on the safety on motorcycles? - because you are farm I la.r with it, J.L. Mr. P! : No, I air not the expert on that, but 1... Mr. Dolt Ins: We 11. you are not the expert on noth i ng, but you r I dery motorcyc I ! Mr. P I r : I'm go 1 ng to tOACIA you how temorrc w l . bad i y ! We. Kennedy: Now. now, boys t 199 SeatII~ 11 f Mr. Plummer: There Is a standard that they have. I think that even Officer McQueen would tell you that In the Motorcycle DIvIsIon, they do have excellent maintenance, OK? That doesn't make any excuses, that you don't need to have a basis and a formia to rotate then, but under normal circumstances, 40,000 miles Is not a lot of miles on a motorcycle, Olt? it Is not. Mr. DaweIk i ns : But, if you r I de it every clay ... ? Mr. Plug : Yes, hey please, don't pin me down, because i am not the expert, but I an telling you that 40,00 miles In a motorcycle Is not a lot of Mlles, In my opinion... Mr. Odlo: Vice -Mayor Dawkins, if I May, an advantage of the motorcycle, Is that the officer drives the soma bike every day, and that... Mr. Plumper: He rides the same... no one rides that motor but him, and he has a respect and a pride that Is with the guy who... "Hey, this Is my Iron horse under me." Officer Nelson: They should, because they are on the motorcycle sometimes up to 98 hours a day. Mr. Plummer: Yes. W. Dawkins: That right, and they ride then for funerals. So, don't tell me, you know, 1 mean, It is a whole lot of times they are on them. OK, well, Mr. Manager, and Mr . W I 1 I 1 ams, can you get me a deta I I of motorcyc 1 es, and Ken, officers, that I can sit. and we discuss this and find out where we are? Officer Nelson: Sure will. W. Dawkins: Mr. Manager, Is that ail right with you, sir? W. Odlo: Yes, sir. Ar Mr. W11IIam: Yes, 1 assure you. we w I I I review motorcycles as well as we will patrol cars. Officer Nelson: Mr. Mayor, before you have that motion in reference to cars, I want to po 1 nt out an area of concern of a lot of po 1 1 ee of f 1 cars, and that Is the cars they bought previously, are not what they call police packages, or pot ice speclflcatIons. SexnetImes they are bought, and they aren't properly bought at the proper standards that we should have, and we ask you to look at that when you go ahead and purchase the new vehicles. Mr. Dawkins: Run that by me again now? Officer Nelson: They are taxicab standards that they are purchasing: as vehicles, not police packages. Mr. Dw*Ins: low many of those did we purchase? Officer Nelson: I'm aware of one of new 700 cars that they have out there that was put together with, I guess spare parts. Another one. that was painted threes different colors, so evidently, we are the third owner of a new car. Mr. DawkIns: And then when I sat up here w1th another gentlemen and wanted to know why you purchase vehicles outside of lade County, now I understand why. C7K I Mayor Suarez: Just out of curiosity, who have we been purchasing police veh i c 1 ess from? Mr. W I 1 I I am: They 1 ast 78 that you approved were purchased from Dodge, the Diplomats, we ordered than thrcugh the State G.S.A. bid, we received then. I think, out of the State awvardeeee . sayeplue In Dayton&, and by the way... 170 so ptobb11, till E iMr. . Dawk 1 ns : Daytona, and before that, the year before that whi,;,e did they came f ram? Mr. W 1 I I Ism: They were Fought locally, they are also Dodges, and 1 don't k remember the vendor. Mr. Dawkins. They c4m out of Fort Pierce. M'. Odlo: Somewhere there, 1 think. Mr. Dawkins: The only reason 1 would go up there to buy a car, Is If I had a friend and we were very friendly. That Is, If we had a meeting of the minds. He got his, and I got mine. (APPLAUSE) Mayor Suarez: Let me make one other suggestion. While we try to improve the quality of the vehicles we are driving and because of this problem with carbon monoxide, I am told by the Chief, that at least as a temporary measure, we oouid maybe acquire carbon monoxide testers, which he says are pretty good... Mr. Odlo: We have... Mayor Suarez: Walt a minute, you haven't heard my motion yet... which he says are pretty good for $1.95, so how about getting 1,000 between today and tomorrow? Mr. Odlo: We have then ordered. We did order then. Mayor Suarez: OK, well, hoow long are you going to take now? This should take about one day. How about If you get then by tomorrow at 5:0o p.m.? Mr. Williams: If they are available. Mr. Mayor, we will have then. Mayor Suarez: Look for than, at the very least so that we can be testing them on you know, any officer who wants to... Mr. Dawkins: Call the question, Mr. Mayor, on the purchasing of i the autca, 1 I es Mr. Kennedy: How many did you purchase? r, Mom. Odlo: As many cars as we have, we will buy one. .; Mayor . Suarez : We have a mot Ion and a second on the Issue of go I ng to the County standards for purchas I ng the veh 1 c I es not to ever last more than two years, and be retired at the end of two years. Call the roll. Yes? Mr, Odlo: Wait a minute. Mr. Plummer: Wait a minute, excuse me. For clarification now, retired from patrol. Mayor Suarez: Yes, we can... Mir . P t r : I t doesn't mean the car can t be used I n some other C I ty activity. Mr • Od I O: What we wou l d I Ike to do 13 rotate them out through other City departments. Mayor Suarez: They could be used by Oamnissloners, for example. Mir. Plummier: Mr. Mayor, you drive a City vehicle, I don't. Mayor Suarez: Call the roll. 1? ! septedw I 1 tl The fo l l ow i ng mot l on was I ntroduced by Oanm l ss I over Dawk i ns, who moved ,Its adoption: MDT ION ND. 86-734 MDTIONI DIRECTIN3 • iIWEDIATELY STANDARDS AS A"UTILIZED AND FULLOWED By METROPOLITAN DADE OOLKTY IN CONNECTION WITH TW PUPCHASE AND RETENTIONSCHEDLLE OF EC.-_ IN THE POLICE DEPARTMENT, AND TO KEEP SAID POLICE L li jF'-VEHICLES FORMAXIIALMOF i YEARS - Upon being seconded by Cann IssIoner Caro IIo, the motion was passed and adopted by the following vote - AYES: comt I ss i caner Joe Carol l o Commissioner J. L. Plummer, Jr. oamissloner Rosario Kennedy vice -mayor Miller J. Dawkins Mayor Xavier L. Suarez PDES: Pone. ASSENT: Pone. Suarez: Chief. did you want to make a statement? Chief Clarence Dickson: Thank you. Thank you very much for that IIttIa applause. I really appreciate that, and you have shown some real class dam here today. You have shown that you can speak to the issues, as I knew you could. You have shown that you are well trained, you are well versed, and you have shown everybody... thank goodness, you have sham the Commission that they have some very Intelligent people out there on the streets, and that Is why we don't have to worry too much about some things that others might, and I hope that we get the things that we have asked for. 1 think the things that we have asked for are things that we need. 1 don't think we asked for anythIng-that could be considered fringes, or nothing that is wasteful.. We have Iearned through the last few months and years to be very thrifty with the things that we have and we use then sparingly, and we try to take care of of our equipment, and if anybody In the world deserved a better shake and a little better equipment than we have now, even though we have done a lot... done a lot more with a lot less In some cases. we still have done of a lot more, and l am really proud of you and to the Commission, thank you very much for IIstenIng to my people and to your people, because you have got sane good cops here. bye guys. (APPLAUSE) Mrs. Kennedy: Mr. Mayor, let no Just make nil motion now, to find $1,000,000 and instead of hiring new police officers, let these trained fine police officers use It for overtime, and I so move. Mr. Carollo: I second that motion, but Chief, can you came up here for another minute. please? ( l MLD I OLE BACKGF0J0 CM&9M ) W. Caro IIo: We have had some restraints In the past, Chief, that have Ilmlted the Miami Police Department as to where we can hire police officers from. What guidelines do you presently have to follow as far as where you can hire police officers from? What are the limitations that you have right now? Chief Dickson: Weil, at one time, we were working within the City iImlts, am then the boundary was extended to the County, and with a little maneuverIng, we can also now gar to the State, but we are asking If we could go throughout the country to recruit. Mr. Caro IIo: Chief, I think that that would be the one thing that this 0cmnission could do today to assure that we could quickly a u i res add I t I ons I new. experlerctid, tra► i ned po l Ice officers that are a l ready qualified and Cart I f lard to go out I nto thee streets" We don't have to waste that mums► t Iwo In getting revery now polio& offloer to go through the Police Academy, when we have hundreds of avai iabla. c*rtiflad, experIend poi Ice offlc*rs thlas State, across this country, that we cal► go out wvl recruit, and put out on the atre etrs a lmmoat Immed l atee l y ... after they're recru l trod . ,;: 172 is tee 11, I .. 4 Chief Dickson: Yes, that would help us very much. W. Carol la: omm IsaIoner, 1 would IIke to make a substitute motion, if I F would, that In this original motion that was made, to Include that we open up a the recruiting boundaries nationwide Instead of the limitations that we Pr t!y have had. Would that be acceptable as a substitute motion? �k Mrs. Kennedy: That's acceptable. leave It to the discretion of the department. Mr. Carollo: Sure. Mr. Dawkins: Under discussion? Mrs. Kennedy: Excuse me one second. Let me put on the record that this million dollars that we're funding has nothing to do with the police cars that we're going to be buying. _ lug. Dawkins: 1 have no problems with that, and I want to state here and now, If you go to Timbuetoo, bring me back one Latin, one black and one white. Don't ccme back with 16 of neither one and tell me you couldn't find no others. Mr. Carollo: Just remember this though, Ccmmissloner, once you bring back whatever you hire they're all going to be one color and that's blue. W. Dawkins: That's I 1 wish that was true then 1 would not be wondering why when I fir tstccams to M1=1, those In blue who looked like we nunbered one number and those In blue who looked IIke me who speak who sound like me, their numbers have diminished. So we can be rhetoric and go through. 41 the B.S. we want, but I'm saying that I want a Polies Department r• representative of the City of Miami and I don't want, I could go to Florida A s. & M University right now and oame back with 30 recruits. That's unfair. I could go to FSU and came back with 25 whites - that's unfair, and I mean all y; have degrees In criminal Justice. And you may go ... All I'm saying Is makef€ It, bring them back equal and then you've got me, but other than that 1 couldn't vote for It. K44 Mayor Suarez: Do you need same time to think about that particular motion or >; do you want to make a statement on It?` Officer Ken.Nelson: I want to make a statement, Mr. Mayor. One concern that '!t Y1 the FOP would have Is if we went out throughout the United States and brought ti In.certifled police officers from other states would that certification t-be good In the State of Florida or would they have to go through our own academy, 4 and: If that 19 the same thing that we would have to do If we were recruiting here then that begins to be a problem. W. Caro IIo: I think that would be a question that the Police Standards Cammisslon is going to have to answer beforehand. Certainly If we.recruit'* within the state, that would not be the case because the standards are the same whether it Is In Miami or up In Jacksonville or Tallahassee or.Pensaeola. RecruItIng outs Ido of the state, I thInk that Is a question that the PoIIca r,Y administration should get fairly quick anger from the Police Standards. Commission. But you're correct In your question. mayor Suarez: I for,one am not ready to vote on that until i know more about It, your position and the Clty's position to be absolutely sure that we don't go through a system that Is counterproductive. W. Dawkins: The state of Florida Is one of the few states that does not have � reciprocity. That Is doctors who take tests In Connecticut cannot practice mead i c i ne un I ess they take the F l or 1 da Board. So, If we have those kind of relstr 1 ct I ons I n the Board of L I canses, Ken, I wou I d suggest that you check to -, see If It a I so means that we have no rec I proc i ty within the po l i c e section k where they as I so have to be certified by the F I or i da Dewbrant of Lens► Enforcement. Off 1 cer Keen Ne I son Comp I ss I over Dasrwik i ns, I ' m mare of a lot of po l i officers who are In over Department today who prev i ous i y served In ether static anti they were requ i red to go through our own academy when they came dawn helve to hit than streets. 173 r 11, 1.' AF Mayor Suarez: Why don't you make a recamnendatIon to us on that Issue, If you would? Mrs. Kennedy: Right, you're the expert. officer Ken Nelson: I like CommIssIoner Kennedy motion, and then I would like to go along with Co missioner Carollo's also In addition to try and get j those people I If we oouId. That Is to reach the budget cap of 1060, but also another ern that hasn't been mentioned here today Is we have several projects scheduled to came On Iine which 1 believe are going to require additional police officers up to at least a minimum of 150 we're talking about Bayslde, the Little Havana Substation and the Liberty City Substation and Park West and sow of the other projects. So those are other things that we need to consider and start hiring today for then for tomorrow because next year when It gets here It is going to be too late, we're going to be a year behind. Mr. Carollo: And unfortunately that's been the game that we've been playing for quite store time - the catchup game and you're right. Mayor Suarez: You made a lot of reoamiendationS, a lot of then have Implications for the budget, we're understaffed, I think we all agree on that, but I'm not sure that we should vote on any of these Individually today until we have a clear picture of what would benefit the Department more and what we can do within the budget. 1 would suggest you work with the City Manager over the next two weeks prior to the 25th, to see what Is the most beneficial way to deal with what monies we have available. We do have same monies In reserve in the budget, and we'll see how far the Cam IssIon wants to go In using up the monies to Increase the department level. But you have recarmended rather drastic Increases In the personnel, and If we go to that I'm not sure we'd be able to Increase the number of hours also as proposed by CavTnissloner Kennedy. We can take that vote now or you can consider all of this and bring us back a package at the second Oannission Meeting In 14 days. Mr. Dawkins: Has anybody thought of having some of the Commissioners go to Washington? Now they have been politicking up tyre, Grace, they have decided that they are going to put a ton of money Into drug fighting. So since they are going to put this money up out here to fight drugs why can't we get some of that money to fund same of our officers to Increase our police force? Ms. Grace Rockefeller: Mr. Mayor, excuse me, I was Invited here tonight by Ken to not necessarily speak to you, but In support of the Police Department. Now, we have a memo from Vlce4ftor Dawkins suggesting a meeting here for more spending to fight crime. Since we got that memo we've been contacting civic associations all over this City, and there Is no more deserving group any place than the group that Is right here tonight, and If It takes more taxes to give then what they need, raise our taxes, we're willing to pay for It. Officer Ken Nelson: Mr. Mayor, under a I I the reommendatIons we heard here today, we have an Immediate necessity to get police officers out on the. street. What can the OommIasIon tell a police Officer who Is working on -sty, requires a 315, and the only unit that can oa, assist them Is an off -duty officer working at a bark? We need the offIoars out there now - we need them now - we need them now. Mr. Carollo: We have a owbined motion. Mayor Suarez: Take up the carblned motion, If you so desire. Mr. Carollo: Or would you like to separate It, Ommissloner? Mrs. Kennedy: No. It Is fine with me. Mr. Carollo: Call the roll. M The foIIo41Ing motion was Intros by comn Issloner Kennedy, who moved Its adoption: MOTION ND. 136--735 A tt0.O9 I ON AU11A I 1 NG AID D I RECT I NO THE C I TY MANAGER TO 1 MVEO I AT ELY ALL aCATE ONE MILLION DOLLARS ($1, 000, 000 ) To THE POL I CE DEPARTMENT, SA I D WN I ES To BE EARV94WM aF FOR THE CXJMPEP AT ION OF OVERTIME INCURRED BY T RA l PIED tr OFFICERS IN THE DEPARTMENT: FIIRTFER DIRECTING THE ACMI I N I STRAT 1 ON To OPEN LIP THE REC RU 1 TMENT OF POLICE OFFICERS NET IANw+I i DE . Ulpon being seconded by OammIasIoner Caro IIo, the motion was passed and adopted by the following vote - AYES: Cam 1 ss I over Joe Carol 10 commissioner J. L. Plummer, Jr. cmmissloner Rosario Kennedy V1 ce4byor MIIIer J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: 1 was Just Informed or reminded that, 1 presume It was your Idea, 1 don't know if It was the Idea of the entire department, to nerve the simulator that David Herring reconstructed with his own hands, actually single-handedly after David Herring and I so move at this point or ask one of the O mmIssIoners to move It. Mr. Carollo: So moved. Mrs. Kennedy: I'll second. Mayor Suarez: Moved and seconded, any discussion? Call the roll. i The following motion was Introduced by Oommissloner Carollo, who waved Its adoption: ACTION NO. 86-736 ; A ACTION OF TFE CITY OF MIAMI OCMNISSION NAMING THE CITY OF M I AM i POL 1 CE DEPARTMENT STRESS S IAJLATOR { F CENTER IN FOPDR OF DAV I D HERRING, UPON HIS Wr IAELY DEATH. _ Upon being seCanded by Canmisslover Kennedy, the motion was passed and adopted by the following vote - AYES: pompIssIover Joe Carollo Cou missIover J. L. Plummer, Jr. OmmIasIoner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Thank you, we're going to take a five minute recess. Yaur presentation Is ocirplots, I hope you don't ask for anything else, we're, going to gives you the building pretty soon. W. NoIson: Just before the break, 1'd like to say that on If of the Herring fxnlly 1 know they're honored and they are truly appreciative. At this time, I west I d 1 Ike to thank each and wry one of the members on the C mission and the Manager for your continued suipport on behalf of all the men a rrd women on the Miami Po I i ce Department. We're proud to work for you. Thank you• 176 - Y 1. Mayor Suarez: Thanks to &II of you. RE IN THE C i TY OC�IIN 1 SS I ON WENT" INTO RECESS AT 7 : 00 P.M. AND RECONVENED AT 7 : 20 P.M., WITH THE FOLLIOW 1 NG MISERS OF THE C i TY comet I SS I oN FOUND TO BE PRESENT: T. CommissI oner Joe Caro IIo e` F Cammm i ss l car J . L . P l urmmr , Jr. Ti V i ce�,Maypr M 1 1 l er J. Dawk l ns . 4 Mayor Xavier L. Suarez y ABSENT: Commissioner Rosario Kennedy s . 1 70. FIRST READING ORDINANCE: DEFINING AND DESIGNATING TERRITORIAL LIMITS OF TFE C 1 TY OF MI AM I FOR PURPOSES OF TAXATION -FIXING M I Ll." . :h W. Plummer: Let's get back to budget. Mayor Suarez: We have to finish the budget. Is there anyone else from the audience, from the general public that wishes to be heard On the budget?:' Mr. P I ummer : He never m 1 sses . Mayor Suarez: Make It quick, Mariano, go ahead. w} Mr. Mariano Cruz: My name Is Mariano Cruz, I live at ... let me wait for the rest of the Carom I ss i on . r Mayor Suarez: Go ahead, we've got a quorum no. r, - Mr. Cruz: CK. 1 I lve at 1227 N.W. 26th Street. I oonre here almos ..,every year on the budget hearing. Let me say one thing. 1 am einst this meeting here being, or the time and place. They should have the meeting n little more to the center because for me it takes me half an hour or more to drive here at 5o'clock In the afternoon. I finish work about 6, 6:16. ` Mayor Suarez: OK, Mariano, save that argument for next year because was have the first hearing here and the `second hearing here already scheduled and we've r3 got to pass the budget before October 1st. So save that argument. W. Cruz: Well, but that's to have In mind for next year. `. Mayor Suarez : Right, I agree with you. But we did It after 6:OO p •m.. f bel lam. in fact, we're doing It at 7:00 p.m. Mr. Cruz: On I y Cmmr i ss I over Da w k 1 ns and I i 1 ve north of F 1 ag I er Street so that Is very Important. And also, with all these moneys all going.to the , Po I Ice Department o I am not against the Pal ice, I am for police protection but make sure that It Is In the Police Department and the Fire Department°.got. the I ion ` s share of the budget. I don't grant the Parks, the other ser v i t�s that we receive, we who I Ive in the City of Miami within the City I,Imits„ we don't I Ike those services to suffer at expense of the other. So I mean . . more park programs and that, Fuse get the people before they becom poll crimes. Don't Walt for than to becam police clients and then spaind the money an than. They have good programs I I ke Juan i to Wa I ker has a program, g l r I s ;of the tomorrom or different, email programs, with IIttIe money you can do a lot. +n go to Wash 1 ngtsan and get ewe of those three b I I I I on do I I ars that are 1 o l n to be used for the drug f l ght arm bring it back to M l am I and use I t for that because •.. Mayor Suarez: We're try Ino to get as much of that $1.6 bIIIIon doIIars.that. they were to I k 1 rig abut aWropr i at I ng on the house a I de for the drug task fore into local law rt nforoa ment agencies, that Is for our po l Ice. 176 iT"w 1 , W. Cruz: Yes, because with all the honey that 1s spent In crime and all that, I think statistically you can't ... obviously fran 10 years before, crime has not diminished -- more pollee and more .fudges and more jails and more that. So it's got to go the other approach, the long term approach, not the short term approach. MayorSuarez: is tyre anything specificaally about Parks and Recreation budget, have you looked at i t , have you had a chance to look at It? Mr. Cruz: No, I haven't looked at It but 1 would like ... Mayor Suarez: would you pick up a copy of It before the 25th and give us a Specific recommendation? Mr. Cruz: Right, 1 wouldn't IIke the Parks and Recreation programs to suffer. Mr. P I umner : Mariano. listen, may 1 strongly urge you to oano back on the 25th. O©mmissloner Dawkins has a proposal before this Cammission In which any dollar that Is spent In Bayfront Park has to be matched and spent In a local park at the same time. That Is almost $3,000,000 worth of money for local parks. So 1 urge you to be here and support Ccwm I ss I oner Dawk I ns on that Issue at the next Cwmisslon Meeting. Mr. Cruz: Yes, because see, you've got here a lot of organized people that come here too, but don't forget that a lot of people out there that they don't cone here but they know what Is going on because they watch Channel 23, 51, they read the news and all of that, and then election time canes, they know. Those little people, they vote and they take care of whoever remembers them, the people out there that have got to work overtime to pay the taxes that can't oame here. Mr. Carollo: The ones that live In the City of Miami. W. Cruz: Right. One thing now I see you. I also ... The officers. I see that In Biscayne Park and other places, highway patrol, the officers that you made the motion before, officers that Iive within the City limits should be able to take the patrol car home and that will add to the police visibility on the streets of Miami. Mayor Suarez: Thank you. Mariano. Any other statements from anyone on the budget? W. Plummer: Yes, there was a gentleman here wanted to talk. Did you want to talk on budget. sir? You raised your hand. W? Mayor Suarez: At this point then we wlll entertain a motion to adopt or reject the tentative mIIIage rate proposed by the City Manager. The percent by which the proposed mIIiage rate exceeds the rollback rate Is 1.3%, correct? Mr. Mano Surana: Yes, s1r. Mayor Suarez: That has to be announced. Mr. Plumer: Na, we're down to Di, aren't we? Mr. Surana: D4. Mayor Suarez: We can move to adopt the mIIIage, a tentative mlllage rate. Mrs. Dougherty: That's Itan 3. Mr. Dawk Ins: What are we wafting on? Wkyor Suarez: a tlon to adopt the tentative mlllage rate proposed by the City lair. Dawk Ins: I second J. L.'s mot Ion. W. P I ummer : I d i dn' t make the trot I on. 177 'Mayor Suarez: if he ever makes It you'll second. OK. But It could die for lack of Interest. - Mr. C"Wins: Well, what don't you like about It, J. L.? Mr. Plummer: Well, my problem Is, as you knew, Cmmissioner Dawkins, I have asked at lot of test Ions at the budget workshops and I'm concerned about the anvmws which 1 have not rived. 1'II tell you what, this is first reading, I will go ahead and move It but I want to tell you as It stands right now, If don't have answers to the quest I ons 1 asked there Is no way I hell I'm voting for this budget. Mr. C*Akins: We1I, what makes you think I we asked for then the other day and didn't get then that you're going to have them by the next meeting? Mr. P loaner : Well, because I'm not going to vote for I t . So I ' I I move 4D at this time. or 04. Mr. OmdcIns: 1 second It with the same stipulations. Mayor Suarez: I'm going to vote for It but I will add that 1 don't Intend to vote for an Increase In the mlIlage rate, In the effective mlIlage unless somehow It is Justified. 1 think we can stay at the same tax rate as we had - last year. Call the roll. Mr. Plunner: It's an ordinance, It's got to be read, right? The City Attorney read the ordinance Into.. the .publ_Ic record._ and announced that ooples were available to the members of the City Gomnission and to the public. 71. F 1 RST READ I13 ORD I NANX : MAK I Nt3 APPROPRIATIONS FOR FISCAL YEAR END I N 3 SEPTEMBER 30,1987, Mr. P1umier: 1 move D5. We didn't amend the tentative budget, did we? Mr. Surana: We have to adapt a budget wh 1 ch we have subn 1 tted to you. Mayor Suarez: A tentative budget. Mr. Plumner: On first reading. Mr. Suranat : Yes, air. Mr. PI ease I can still kill you on seowW. Mr. Surana: Yes, sir. Mr. Plug : I'll move It. Mr. Delns: What are you moving now. J. L.? Mr. Pluremer: I'm moving D5. Mayor Suarez: The tentative budget to go with the tentative mlllage rate until the seoond hearing at which time maybe we'll change. Mr. ins: CK, I second It. Mayor Suarez: Moved and seconded. Any further discussion?. With the zsame proviso, as far as my vote. Oommissloner? Cal the roll. Mrs. Daugherty: This Is the appropriations ordinance. AN ORDINANCE ENTITLED - AN ORDINAL= MAKIN3 APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTB43ER 30. 1887; CONTAINING A REPEALER PROVISION; AND A SEVERAB I L 1 TY CLAUSE. Was introduced by Ocmnissloner Plum and seconded by Com issioner Dawklns and was passed on Its first reading by title by the following vote - AYES: Comnissloner Joe Carollo Ccmnissloner J. L. Plumier, Jr. Vice -Mayor. MIIler J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Rosario Kennedy ABSENT: None. The City Attorney read the ordinance into the public reoord and announced that cop I es were ava i l ab l e to the maMbers of the City Corm i ss l on and to the public. 72. FIRST READ I Nt3 CRD i NAIM : DEFINING AND DES IGNAT I N3 TERR 1 TOR i AL LIMITS OF THE DOWNTOWN DEVELOPMENT D I STR 1 CT OF THE CITY OF M I AM I- F I X i N3 M I LLAGE . Mr. Dawkins: Cancel it. Mr. Plummer: ThroN It out. 355 percent over. Mr. Roy Kenzie: That ' s because of the way that you ca 1 cu 1 ate the ro i I back, "we were ... Mayor Suarez. Yes. there was almost no tax. Mr. Ke nz i e : ... at .14 m I I Is before using. the C i ty' s funds, when we switched back to being an IrKliverodent district, that ct*n9ft the rKuber, , unfortunate 1 y 178 Septamber 11. 1 Mr. Plummer: for the record, $300,000 of that Is being held In a contingency fund, can only be dispersed with this Commission's approval. Mr. Kenzie: Rlpht, S291,693. Mr. Plummer: I thowht I agreed to 300. Mr. Kenzie: That's the number that we went at the budget workshop. Mayor Suarez: $291,000 Is the figure that we managed to scrape up. Commissioner, pursuant to your suggestion of $300,000, that's within two percent of your request. Mr. Plummer: Does anybody want to speak on the DDA Authority budget? I move 2A ... No, that's not to be moved. Mayor Suarez: Let the record reflect that no one has come forward on DDA budget. Ms. Hirai: It Is Roman V. Mr. Plummer: What are we on, 134? 1 move D4. Mayor Suarez: Yes. under Roman II, D4, It is the tentative mIIIage rate for the DDA. Moved and seconded. Call the roll. Mr. Dawkins: Hold itI Before we call the roll. Mr. MoKenzIe. Every year I sit here and tell you this. Now, I promise you, my wife, and me - this Is my Iast year. I you don't get some Black people In ODA, I'm going to do my damnedest to wipe DDA out. OK? Now, every year I go through this, and every year you cone up as If you don't speak English, you don't hear me, or you don't understand. But i assure you, sir, that If you don't get some Black people, and 1 don't mean no damn secretary or no Janitor. I mean somebody up there In the 50 to 60 and the $70,000 bracket, then I will be voting that we disband DDA. Now. how many Latins do we have above $50,0007 Mr. Roy Kenzie: One. Mr. Dawkins: One. OK. Well, get me one of me and then get me one more of them, and then one more of me, OK? AN ORDINANCE ENTITLED - AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION, FIXING THE M 1 LLAGE AND LEVY 1 NG TAXES I N THE DDiMVTCMM1 DEVELOPMENT DISTRICT LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1. 1986, AND ENDING SEPTB43ER 30, 1987, FIXING THE Mil I AT FIVE TENTHS (.5) MILLS ON THE DOLLAR OF THE NO EXB PT ASSESSED VALUE OF ALL REAL AND PERSONAL. PROPERTY IN SAID DISTRICT AND PROM/ I D 1 NG THAT THE SAID M I LLAGE AND THE TAXES LEVIED HEREIN SHALL BE IN ADDITION TO THE FIXING OF THE MILLA13E AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI, WHICH IS CONTAINED IN THE GENERAL APPROPR I AT ION Oita 1 NANCE - FOR THE AFORESA 1 D F I SAL. YEAR AS REC1U I RED BY SECTION 30 OF THE CITY CHARTER; PROVIDING THAT THE FIXIN3 OF THE MiLI.IWIE AND LEVYING OF TAXES HEREIN SMALL BE I ADD I T ION To SPECIAL ASSESSMENTS FOR 1Mi'ROVE E"NrS iWOSED BY THE CITY Ca M I SS ION OF THE C 1 TY OF M I AM 1 W I TH I NI THE TERR 1 TOR I AL L I M i TS OF THE CITY OF M I AfA 1; PROVIDED THAT THIS ORDINANCE SHALL. NDT BE DES AS REPEAL INS OR AMC 1N3 ANY OTHER ORD I NANX FIXIN3 M I L.L.AGE OR LEVYING TAXES FOR THE FISCAL. YEAR BEG i M I N3 OCTOBE t 1, 1986 AND ENDING SEPTB13ER 30, 1987. BLIT SHALL BE DEBYED SUPPLISVENTAL AND IN ADD 1 T I ON HERETO; OON[TA I N I M A REPEALER PPOV I S I ON AND A SEVERAB I L i TY CLALISE. ISO SeSptarbw 11, 1980 Was Introduced by Commissioner Plumper and seconded by Cannissioner Dawkins and passed on Its first reading by title by the foIIowrIno vote - AYES: Oammisslover Jae Carollo 0cnmIssIover J. L. PIutmer, Jr. OtammIssIover Rosario Kennedy Vice -Mayor Miller 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 intsi rs of the City Ccmnlsslon and to the public. Mayor Suarez: Under Ronan nuneraI III, we've gat an ordinance, I guess, needed, defining and designating the territorial IlmIts of the City of Miami for the purpose of taxation. Is that correct, Madame City Attorney? Ms. Hirai: Yes, those are the ones we have been reading, Mr. Mayor. Mrs. Dougherty: We Just took that one up. Now... Mayor Suarez: Old we skip one? Oh, we have to adopt the amended tentative budget for ODA - not Just the mlilage rate? 73. FIRST READ 1 N3 ORDINANCE: MAK I N3 APPROPRIATIONS FOR AUTHORITY FOR FISCAL YEAR ENDING SEPTEMBER 30, 1987. Mayor Suarez: All right. I don't rananber doing that,` Wt, If you toil 0*0 we did It. Mr. Dawkins: Move six. Mayor Suarez: An ordinance nuking appropriations for the Downtown DevetOpment Authority of the City of MIanI for the fiscal year ending September 30, 1987. You moved It, OmmissIover? Mr. P 1 uam'ar : Wig I ch one? Mrs. Dougherty: Six. Mayor Suarez: It's the actual appropriations for the DDA. Based on the millage rate decided... Mr. Plummer: I don't have a six. Mayor Suarez: Almost didn't pass. Mr. P l ummr : Wei 1, you better make the notation on the record that the Agenda 1s deleted, and It only is a one 113 rather than a V-one. Mr . Kenzie: Right. And M i eon l Is spe l led "M -1--a" Instead of "M-a- I . " Mayor Suarez: Looks I I ke a Rcman numera 1 s 1 x to me. Anyhow, whatever. We Just read It. I'll entertain a motion on... Mr. P 1 umer : I moves It. Mayor Suarez: ...the appropriations for DDA. So moved. Need a second. Mayor Suarez: O®m issloner Dawkins seconds It. Mrs. Kennedy: Second. Sind. Mayor Suarez: Do we have to read this one? Call the roll. AN ORD I NANCE ENT 1 TLED- AN ORDINANCE MAKING APPROPRIATIONS FOR THE OOWNTU MV DEVELOPMENT AUTHORITY OF THE CITY OF MIAM1 FOR THE FISCAL YEAR ENDING SEPTENBER 30, 1987; AUTHORIZING THE DIRECTOR OF THE DC%NTCWN DEVELOPMENT AUTHORITY TO I NV 1 TE OR ADVERT 1 SE FOR B I DS FOR THE PLFI CHASE OF ANY MATERIAL, ECRU 1 PWNT OR SERVICE EMBRACED IN THE SA I D APPROPRIATIONS FOR WHICH FORMAL BIDDING MAY BE REWIRED PROVIDING THAT THIS ORDINANCE SHALL. BE SUPPLEMENTAL AND IN ADD I T i ON TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEIuBER 30, 1987 FOR THE OPERATION OF THE CITY OF MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was; IntrodLced by OmmIssiover PIureter and seconded by Oormrissioner Dawkins and was passed on Its first reading by title by the following vote - AYES: Oommlssioner Joe Carollo Commissioner J. L. Plureter, Jr. Oarmtissioner Rosario Kennedy Vice -Mayor MIIIer J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordlnanoe Into the public record and announced that copies were avallable to the members of the City Oamnisslon and to the pub l I c . Mayor Suarez: List's go through these discussion Items quIckiy, please. Item 913. do we have anyone that wants to be heard against the co -designations suggested for the streets In question? 't I& . Dawk I ns : Wheat happened to the poop I e who were here w I th time s I gns? Mr. Odlo: Wheat 1s this? What item are you...Oomnissloner? Mayor Suarez: N I nety-s I x . Mr. Cdlo: He withdrew that. He asked me to briny It back... Mayor Suarez: WeI1, that's aiI you've got to say. ME SL 11, 1$ 4 74 . PR IOR I T 1 ZE "EXPER I MI=NTAL PARK I N3 PFKXW M IN ALLAPATTAH . " Mayor Suarez: Nlnaty-seven. What Is this about, Mr.... Mr. Odlo: Roger Canton's. Mayor Suarez: Experimental parking program In the AIIapattah neighborhoods. Mr. Roger Car 1 ton : Mr. Mayor, members of the Conn i ss i on, my name Is Roger Carlton, Director of Offstreet Parking. This Is a new approach to trying to use the revenues from meters for the economic development of a neighborhood. We've worked very closely with the citizens' groups there. They are all extremely supportive. The monies that we're setting aside will be allocated In cooperation with the City and with the neighborhood, In priorities that are brought back to this O mmission when we're ready. So we would ask your conceptual approval for getting this process going, and then we will bring you back a report on what priorities are reoc mended. Mayor Suarez: My staff mariber attended and was satisfied that the merchants In the area did support It, believe It or not, even though there are parking meters involved here. I hope they go on radio and say that, Roger, so we don't get grilled every time we go on radio about new parking meters. Mr. Carlton: Oarmissloner Kennedy and Oommlssioner Carollo's staff were also at that meeting. Mayor Suarez: This Is on the Allapattah plan for development through... Mr. Plummer: What Item nunber Is this? Mrs. Kennedy: Ninety-seven. Mayor Suarez: This Is Item 97. He wants oonceptuaI approval from the Commission, not the details yet, right? You will actually bring back the protect Itself for approval? Mr. Carlton: Right. We need to meet with City staff and get better prices... Mrs. Kennedy: Yeah, this Is Just letting you go ahead and meet with than, and then now back to us, right? So, I move. Mayor Suarez: So moved. Do we have a second? Mr. P 1 unner : Second. Mayor Suarez: Seconded. Any discussion from the Ckmnlesion? Call the roll on Item 97. The fo 1 I cw I ng mot I on was Introduced by Gomm i ss I oner Kennedy, who moved Its adoption: MOTION NO. 86-737 A MDT I ON AUTH:)R I Z I Nu AND D I RECT I N3 THE ACM I N I STRAT I ON TO MEET WITH REPRESENTATIVES FROM TIME ALLAPATTAH AREA IN ORDER TO PRIORITIZE THE "EXPERIMENTAL. PARKINS PF 1 IN ALL,APATTAH" PRESENTLY BEiN3 CONSIDERED BY THE DEPARTMENT OF OFF-STREET PARKING. Upon being seconded by Cmmmnissioner PIunmr, the motion was passed and adopted by the following vote- AYES: Camnissloner Joe Carollo Ocmn i ss I over J . L . P I umner , Jr. Commissioner Rosario Kennedy V I ce-Mayor Miller J. Dawk I ns Mayor Xav I er L . Suarez NOES: None. ASSENT: None. 75. (A) INSTITUTE AND ADOPT POLICY THAT ANY CITY EMPLOYEE ARRESTED/QONVICTED IN DRUG STING OPERATICN BE TEFMINATED. (B) REQUIRE PROSPECTIVE EMPLOYEES TO PASS DRUG SCREENING TEST. Mayor Suarez: Item 98. Mr. Dawkins: Ninety-eight, Mr. Mayor, I'll put on it, because 1 would like for us up here to establish a uniform drug policy. Nov, we say that if policemen and firemen are arrested In drug stings, they lose their job. But they don't say anything about the general service employees, sanitation workers, and nobody else. So, I don't know. Madame City Attorney? Do I have to make a motion, or do we need an ordinance, or what, to say that any employee In the City of Miami arrested In a drug sting, is automatically terminated? Mr. Plummer: Well,... Mr. Odio: Cammissioner, may I ask you something? Mr. Plummer: Can I discuss that? Cammissioner, you know, I think the day Is rapidly coming where these things In the past that It thought that you were too harsh on people, are caning to a realization that the penalties that are there today for these kind of things are not acting as a deterrent. My only question In relation to that Is you have proposed, I think It should be that any City employee who Is arrested and convicted should be terminated, not just In a sting operation. But I think any City enployee that ls...you know, I think, not as the employee, but the man who has to work next to him. That's very Important. And in my opinion, I think that any one that Is convicted of a felony relating to drugs, convicted by a court of law, should be terminated live, lately. I& . Dawkins: I agree with you, J.L., In total. But my concern was - and I'll go along with that - but If I am an employee, and 1 buy drugs from a policeman, and I don't get convicted, there's sanething wrong with my system. W . Planner: Oh, our system - you see, that's our problem today In the United States, we keep talking about a system, and It doesn't exist. It Just doesn't exist. You know, let me share you that the sting operation that 1 went on, there were 92 arrests. Only five spent the night In Jail. All the rest .of them were hone before the sting operation was over. Now, you know, 1 was really amazed to hear the man from the D.E.A., the Head of the D.E.A. finally came out and space his mind, and said that any person oonvIcted of selling cocaine or harder drugs should be subject to the electric chair. Mr. PIu<nner: Yeah. Mr. Dawkins: I have no problem with that. Mr. Plummer: Let me tell you something they're killing my kids. And kill I ng my kids Is murder. Now I ' ve been b 1 essed with two kids that don't have anything to do with it. But i tell you samething - until the day cares that there 13 e Pena I ty app I I ed that I s go 1 rig to act as a deterrent. we're wasting our time. i 13� Septa 1 I ION t-� Mr. Dawkins: CIK. Well, can I say then... W. Plummer: You know, It's the same thing, Cameissloner - This State of Florida passed a law that says anyone convicted of a felony with a firearm - mandated three years sentence with no parole. Four years ago, 1 think It was, that was put Into effect, and only two people have had that penalty applied. Two. This City Carmisslon set minimum standards for the arrest of prostitutes up on ... anywhere In this City, and we were told we had the right to set minimum sentencing ... minimun sentences. And we did: first conviction, 15 days; second conviction, 30 days; third conviction and after that, all of them, 60 days. They're yet to serve a day. Almost SW arrests. How much hours that takes of our Police Department? In eight months, over 500 - no, I'm sorry, the other way around - In five months, 800 arrests, and one - Individual, over 3D times. Mr. le-: Sam prostitute. W. Plummer: There Is no system. We keep talking about a criminal Justice system. There Is none. We are kidding ourselves. We are kidding ourselves. 1 have been Involved In two or three episodes. They get you over there - the average citizen. when It Is asked of then, "Why don't you get involved?" - they can't afford to get Involved. To go over and give a deposition, to testify, delay, defer - seven and eight times. There Is no system - we're kidding ourselves. So what I'm saying to you, if It is constitutional, that anyone, In my estimation, who Is arrested and convicted by... W. Dawkins: Madame City Attorney. Mrs. Dougherty: Yes, sir. W. Dawkins: Is it possible to say, then, that It Is the policy of this Ckmnlssion, that anyone caught purchasing or selling drugs, who works for the City of Miami, Is suspended without pay, and if he's convicted, then he's fired. Mr. Plumper: No, I'm sorry, I can't... W. Dawkins: And if he is not oonvIcted, then we'll go back and pay him fran day one when he was suspended. W. Plummer: No, no, 1 can It...You know, as hard as 1 an, I have to tell you that I think the man Is suspenderd with pay. And the reason I say that is he Is Innocent until proven guilty. And that's why I was very... Mr. Dawkins: Well. I'm going to pay him. I'm going to pay him If It's proved - when he goes pay. I'm going to pay him if he canes back an Innocent. W. Plummer: But Miller. Miller - what does he Ilve on between the time he's arrested..? W. Dawkins: He had no damn business bothering with drugs. That's his problem. W. Plummer: Well... W. DaArkkIns: I mean. that's Just my belief, you know. that's Just my belief. (Applause) Mr. P l tamer : Well ... l agree with you, but... Mr. 001o: 1 would fire him... W. Plummer: What? Mr. Odlo: The way 1 fuel about It. I would fire him. Mr. Plumper: Hey, you can fire him,... 185 September 11. Ime Mr. Plummer: But you've pot to do 1t upon a oonvictlon, OK? MayorSuarez: Well, Cmmissloner Dawkins 1s talking about situations where our can police officers arrest one of our own epploy, so we have a pretty good certainty... Mr. Plummer: it's still for the conviction, Xavier. _ Mr. Dawk Ins: Well, i have no problem with paying him after he has been acqu i tte•d . Mr. Plummer: But that can be six to nine months. Mr. Dawkins: But after that, then I'II pay him. But I he Is oonvIcted, I don't are him nothing, because he's going to JaII. He can't spend It anyway, I hope. Mr. PILP=r: Well, you know, look, that's fine... Mr. Dawkins: OK, go ahead. CEO ahead, J.L., you've been here longer than us. Go ahead. Mr. Plumper: Hey, Miller, look - that's fine for him. And, you know, cut his head off, and do all of that; but most of these people that are arrested don't give a damn about their families, but they got to Iive. And if you take the breadwinner out of a family up until that particular time, you Just.. .there's Just got to be some way that - you know, I'm sorry, I... Mr. Dawkins: Well, I'm going to go along with the motion here, but I want Bill 9nith to go tell every Sanitation worker that If you're caught selling drugs. I'm going to do my damnedest to see that he's fired. Mr. Piummer: Or using It. Mr. Dawkins: Or using It. I want you all to understand that, see? And that's because I'm not going to have two sets of standards, and because this guy's a fireman 1 don't want him hired, because he may not be able to putout my fire, but you can pick up my garbage behind my house high, It don't make no difference - I'm not going to have that. Mayor Suarez: We're talking about Someone that Is arrested for a drug -related offense. We're not talking about someone who, according to our Union contract, Is found to have substances In his body, which Is a whole different thing. It's not a criminal offense per se. That would lead to a disciplinary procedure. Mr. DawkIns: Oh watt, now. We've already got that established, that If he takes a urine test and It's found. he's automatically fired, Isn't he? Mr. Plumper: Yeah. Mayor Suarez: Right. Mr. Dawkins: So I'm not talking about...l'm talking about In the ... That's OK, I'll let that go. You can do all that you want, but you all are going to have to f I nd you a 1 I a dam Job, hear? A l l of you. You a I I can g I ve out than bothering drugs all you want. hear? As brig as 1 sit up here I'm going to see my damnedest to put you In Jail. All right? Mayor Suarez: You have that In the form of a motion? Drug -re lated offenses? Mr. Carolio: Well, you knew - Miller, I think we should at least word Sam of the statements that we make a little different. I have, like I'm :pure you do, and all the mambers of this Commission do, have ample faith In the majority of our employees. no matter what department they're In, that they're free of Illegal narcotics. However, If there are a few bad apples, those are the ones that we should zero In. I Just didn't want the media getting the wrong Impression, that we're singling out any one rtnt and saying that there might be more drug users In one area than another. Mr. Dawkins: OK. Joel, I agrees with you. But I want that understood, wNwey I am. Newspapers or anybody else can print I t . Arid I ' I 1 go outs i de on the toIevIsIon camera - It don't m&ke no d1ffarms to me. 186 September 'It, t e Mayor Suarez: OK, we have a motion? Mr. DawkIna: Nlo, they say It don't need no motion; and since I put It on for discussion. we've discussed It. Let then take whatever course they have to take. Mayor Suarez: CK. Thank you. Mr. Plummr: Well, wait a minute. How do you go about enforcing It? Mrs. Kennedy: Yeah, how do you enforce It? Mr. Dawkins: They say you can't enforce It. Say you can't fire him, you got to pay him. So why should I lay him off... Mayor Suarez: Can't we at least resolve a City policy, Lucia? Mr. Plummer: We can set a City policy. Mrs.Dougherty: This will be a statement of policy, that's simply It. Mr. Dawkins: Let him came on to work. I'm not going to pay him... Mayor Suarez: OK, It's a statement of policy. So kmoved, right? Mr. Da►*Ins: Yeah, but If 1 suspend him, and he sits hone on h I s butt, drawing the taxpayers' money, I'm disgusted. So If he's caught and you're going to pay him, let him come on to work till he's convicted. I mean, come on now, let's...) mean, 1 don't have no money to throw away. - Mayor Suarez: We'll put the money In escrow until It's determined whether he's guilty or not. Don't know If we'll get It back or not. Mr. Dawkins: J.L. says his famlly got to eat, and what -have -you, so, let him cone on to work, and work, earn the money, go home and feed his famlly, until he's Innocent or guilty. Mayor Suarez: OK. That's In the form of a motion. Do we have a second? Mrs. Kennedy: I second. Mr. Plummer: Fine. Mayor Suarez: Third It. Call the roll. The following motion was Introduced by C=IssIoner Dawkins, who moved Its adoption: MOTION NO. 86-738 A MOTION AUTHORI Z I NIC3 AND D I RECT I NK3 THE CITY MANAGER TO INSTITUTE AND ADOPT THE POLICY THAT ANY CITY OF MIAMI QVPLAYEE Wi°D 1 S COW I CTED BY A COURT LAW OF A FEI.ONY RELAT I N3 TAD DID SHOU.D BE AUTOIMAT I CALLY TEAM I NATED . Upon be I ng 5000nCled by Omm 1 ss i oner Kennedy, the mot 1 on Was passed and adopted by the following vote - AYES: ComIssIoner Joe Caro IIo Cornnlssloner J. L. Plummer, Jr. Oomm I s'ts i oner Rosar 1 o Kennedy V I yor M 1 1 I er J. Dawk I ns Mayor Xavier L. Suarez NOES: None. ABSENT: None. _ Mr. P l u r : NON I et me ask a cot Ion. ManlrQer? Mayor Suarez: Yes. 187 S_Mptefflbo f i p AWL Mr.1Plumvr: Mr. Manager. Mr. Odlo: Yes, air. Mr. Plug : W we have a policy today that all new entry employees have to take a drug test? Mr. Odlo: Not that 1 know, no. Mr. Plumper: Should we consider such? Mr. OdIo: Yes. - Mrs. Kennedy: I think It's an excellent Idea. Mr. Plummer: I'II tell you, you know, you stop It at the gate. Ws. Kennedy: That's right. Mr. PIunner: Stop It at the gate. Now, do you need a policy from this Corns I ss I on? Mrs. Dougherty: I don't think so. Mr. Odlo: I would like to have It. Mr. Plummer: I'I1 so move at this time that a I I now. eM Ioyees hired bY,the City of Miami have to be subject and pass a ... what is -.how do you,want.the terminology. Mr. Odlo: A drug screen. Imo. Plummer: A drug screen test? 1'II so move. Mrs. Kennedy: 1 second. Mr. Plum, r: And please, put that on ail of the prospectuses that go out for people, that If they know that they're going to positive or negative test`, they're not going to bother us. I mean, why go through 900 applications if only 200 are legit? tN1DENTIFIED SPEAKER: Amen. Mayor Suarez: Moved and seconded. W. Plurme;r: I didn't even know I was a preacher. Mayor Suarez: Call the roll. The fo l l ow i ng mot i on was I ntrock by Cmm I ss I oner. P Iummer, _who,,.lroynd Its adoption: MOTION NO. 86-739 A MOTION AUTHORIZIN3 AND DIRECTIN3 THE ADMINISTRATION x TO RWJIRE ALL CITY OF MIAMI PROSPECT1VE.EMPLOYEES TO TAKE AND PASS A DRU 3 SCREEN I N3 TEST PR I OR To 13E 1 Na CONSIDERED FOR H 1 R I NC3. r. i Upon being sanded by Cmmissioner Kennedy. the motion was passed AN F1 adopted by the following vote- 76. DISCLISSICN CONCERNING AGRANDBREAKING OF • � • ISLAND PROJECTS. Mayor Suarez: Item 99. Canmissloner Dawkins, discussion of Claughton Island. tub-. Dawkins: Yeah, Claughton Island, um-hmn. Mayor Suarez: Do we have a...Just got a report, coincidentally with the meeting, right? When are we going to have the groundbreaking, Jerry? Mr. Jerry Gereaux: You all have the report before you, I think, you received Just a little while ago. It appears that In all three cases, we're not going to have groundbreakings on these projects until December of this year. Twelve to 18-month construction schedules are anticipated on the two projects that received transfer payment assistance, which means, on those two, that occupancy can occur around June of 088 - 18 months from this December. Mayor Suarez: Do they seen to have the financing? Mr. Gereaux: Well, In the case of Tacolcy, they seen to have their financing very well wrapped up at this point. They have commitments, and you have the terms of those commitments In your report. In the East Little Havana project, they are still working to get private financing oonnItments for construction and for permanent takeouts for first mortgages for the low-income buyers. They're working with two banks; that financing has yet to be firmed up. Nevertheless, they are shooting, or telling us that they're going to be In the ground In December. Mr. Plummer: That's the north end. What about Little Havana? Mrs. Kennedy: That Is Little Havana. - Mr. P 1 umier : Oh. Mr. Gereaux: Well, that's what I'm talking about - Little Havana. Tacolcy, on the north end, has their financing put together. In October they will have the land transferred to than, two acres... Mr. Plummer: When are they going to be In the ground? Mr. Gereaux: December. Mr. Plummer: OK, and what about Vizcaya? Mr. Gereaux: But It's not ... but there's going to be 18 months occupancy. Vizcaya is going In the ground In December, and they're telling us that the project will be completed In a year. December of '87. Mrs. Kennedy: Why Is Little Havana being delayed In getting the financing? Mr. Gereaux: Little Havana, according to their executive director, has had problems getting the first mortgage financing. They have the rest of their ocmnIbrents for financing, from us, of course, and fran the Ford Foundation, and, you know, the other nonprofit foundations. But they're having difficulty, which they hope by the end of this month w I I I be resolved, getting the first mortgage financing, and the construct Ion financing, at least that portion of it that they need from ccmnercIaI barks here locally. Mayor Suarez: First mortgage? You're talking about permanent takeoux, �r• Mr. Gereaux: Permanent takeouts. Mayor Suarez: For the Individual units. W. Gereaux: f I raved. For the Individual units, yeah. These are going to be trandem 189 i Mr. Dawkins: 1 want to stay this. These units were due to be ready for caccu_ancy In February, 1985. Eighty-six has car, and gone. It w111 be February '87 and no housing, and It w1I1 be February of '86 and they may have housing. See7 And this Is ridiculous, utterly ridiculous. Mr. C reaux : I think that's one of the reasons we decided, or the C omrn i ss I on decided, back last February, to give the funding to the two nonprofit groups, because that ten-year per I od had e I apsed . Mr. Dawkins: No, the majority of the Ommisslon. The majority of the Gannlsslon. Mr. Gereaux: Sure, yeah, sure. W. Dawkins: All right, and I'd like to know from you - On the East Little Havana - no, not the East Little Havana, I'm sorry - In the Buena Vista, OK? W. Gereaux: You mean the ... OK, the Tacolcy. WV. Dawkins: They're building how many units? - Mr. Gereaux: You're referring to Taoolcy, right? W. Dawkins: M. Squire Biscayne. W. Gereaux: Oh, CK, Vizcaya. Vizcaya. Mr. Dawkins: They're building 104 units. Get your pencil. Get your peneII UP- W. Gereaux: That's correct. W. Dawkins: What are they going to sell these units for? Mr. Gereaux: I don't have that Information with me, and I don't want to say something without having the backup, Ommissioner, but I bel love what they were talking about Is $60,000 units, If I recall the... I& Dawkins: Ail right, so multiply 60 times 104, 60,000, and see what we ca -e up with. W. Gereaux: Sounds like 6.7 or 6.8 million dollars. The nunber Is $6,24O,000. That's 60,000 times 104, which Is what they're building. Mayor Suarez: I thought you said 114. WIr. Dawkins: So, and Squire will get $6,000,000 back that he's spending for the 104 units, right? W. Gereaux: That's correct. Mr. Dawkins: So, owing this community 200 units of housing for 20 years, all Squire spent was $3,000,000. is that right? - W. Gereaux: That's the way the numbers work out. WM . Dam k Ins: I just wanted to bring It ...OK, thank you. Whyor Suarez: Three point two. That's what we got out of him. 190 tbl*W 111 190 i �i �. • `" cif ii r ` i i `i r i Mayor Suarez: CK. 1ten 100. PoIIce substations - how Are we doIng? Are we going to break ground on those In the next week? I'm ready. Got a shovel there, left over from the new stadium up there. We must be advancing, at least we're getting some schedules now. W. John Gilchrist: Sir, we have now spent some time In reviewing the construction documents at the stage they are at this point In time, and I feel relatively secure to tell you that 1 believe that Joe Mlddlebrooks can complete the drawings by October the 1st, the construction documents. That's a month and a half behind scheduled. It was originally to be done mid -August. And the only reason I feel I can confidently tell you that Is because 1 know the amount of opmmpletIon they are now and what It takes to get there. And he has all the Info ration that he needs at this point In time. This Is a schedule based on having those construction documents for the North Station on October the first. W. Dawkins: So you're saying we will pour the foundation sometime between November and Christmas. W. Gilchrist: That's right. Yes, sir. Mayor Suarez: I'm telling you, we're going to be going to so many groundbreakings before the end of the year. I think December 31 Is going to be an Incredible day here. We've got Overtcwn Park West with four projects; we've got two In the Squire properties deal, and two pollee substations. it's going to be a busy month there, Ca missloners, on the last day of the year. W. Gilchrist: By the way, this Is the only one I'm committing. Mayor Suarez: This Is the only one you're committed to? You know, the fifteen -month construction period for a substation sounds long to me. I don't...l'm not a builder, but... Mr. Gilchrist: Yeah, let me tell you. We have twelve months on the other station, primarily because It does not have a parking garage and It has been reed In scale In order to meet within the budget of being able to build and buy the property. Mayor Suarez: Does It now look IIke It wlII be within the budget, Including land acquisition? W. Gilchrist: We are now In the budget, Including land acquisition, yes, sir. Mr. Dawkins: OK, thank you. Mayor Suarez: Thank you. 78. SIGN LEASE AGREEMENT WITH CASINO ESPANOL WITH CERTAIN PROVISOS. Mayor Suarez: Item 101. When are you going to break ground? MS. Fernandez: Well, If they only sign the lease. Mr. Plummer: Let we try to simplify this as far as the area that I'm conoerned I n, and then I f there's any d I sagreement. Mr. W&yor. . there was obv lous I y same m I rstand i ng about two parts of the contract. One was In referee to the 18 months, and the other was In referee to permitting. Sanshow or another. I et me to I I you what was "V Intent when I made the mot Ion. Time f I rat mot Ion, or the f 1 rat part of the mot Ion, spoke to the 18 months that there was no appea I to that. That was amen, thank you, good-bye. 1 S 1 Septa mnb6r 11, ION i There would be no more than 18 months, and there was no appeal to this Cammisslon to extend It. Now, that never spoke to the numerous permittings that have to be done, If It can be done; that If, In fact, they went before an agency, of which there are numerous, and Just for edification, let's say that they went to board ASC, and at that board they were denied. At no time was it even my intent that if there Is an appeal process to board ABC, that they could riot pursue their administrative appeal to that decision. But, understood, that It all had to be Gampiete3d within 18 months. 8o, Madame City Attorney, I know that you had a different understanding, but as the maker of the motion, that was my Intent. Mrs. Dougherty: We'II Just revise the documents to reflect that. Mr. Plummer: CK. Now, sane of the other members of the Ccmnisslon might have a disagreement with that, or a different understanding; but I was the maker of the motion, and what It Is, 18 months from the date of signing, and after that 18 months we thank you, we've enjoyed your oomipany, but that's the end. They do have every right, during that 18 months, If they are denied at a board for permitting, to follow through on whatever appeal procedure Is available to then. But even that appeal must be concluded In 18 months. Let's remember, that originally reaammended by the Manager was nine months, and we doubled that time, giving you 18, which you even said on the record that you felt was adequate time, OK? So, I'm telling you where J.L. PIummer's Intent of his motion was. Mr. Carollo: 1 think that as maker of the motion, and If the other two members of this Commission that voted for that are In agreement that that was you-all's Intent, then In that particular subject there's nothing further to discuss. However, I would like to bring a little minor point up. Mr. Plummer: Excuse me, Joe, Madame City Attorney asked me, on the record, If that was your understanding. Is that correct? Ms. Fernandez: That's correct. Mrs. Dougherty: Not hers, but theirs. The other two people who voted for It. - Mr - Plummer: Oh, the other two Ccrrm I ss I oners that voted affirmatively. Was that also your understanding? UNIDENTIFIED SPEAKER: That was my understanding. Mr. Plummer: And It's also your understanding? Ms. Fernandez: That's correct. Mr. PIurmer: OK, so that, now, is clarified. Now, CarmIasIover. W. Carollo: I figured that would be the understanding of everybody. That's why I'd like to bring up another minor point. There are several, but I'll atIck to one, basically. On the meeting of Apr 1I the 22nd of this year, on the transcripts of that meeting, on page 98, towards the bottan It states the following - Ms. Fernandez speaking: "The membership dues are $500 Initial fee, $20 monthly fee." I state, "OK, so It's $500 Initial fee and $20 annually." Ms. Fernandez: "Annually. No, excuse me, sir, monthly." Mr. Plumur states, "Two forty a year fee." I state, "Now all these people that have membership, either family or personal, all have paid the Initial five hundred doIIar fee and pay their twenty dollars a month fee?" Ms. Fernandez: "Approximately fifty percent of the list has paid a five hundred dollar Initiation fee, but a I I are monthly dues paying members. 0 1 state, "In other words, approx Imate I y you are say Ing fifty percent of thIs IIst, whIch Is the first time that 1 have seen It, has paid the five hundred dollars Initiation fee? The other f I f ty percent has not. they just pay the 1 r twenty do I I ars fee?" Ms. Fen z: "That's correct, yes." We have been led to believe all aIong that, Faro the bulk, not aIh of the monIes that are to be ra1sed to construct this Item and raintaln It, Is going to oome from the monthly membership ems. Vet I'd like to have the administration do..... Mr. OdIo? Mr. bdlo: Yeas, air. Mr. Carollo: If you would listen, please. 192 Seapte;imbear 11, 1 Mr. olio: I will, yens, air. Mr. Carollo: If you., all feel that I should make it In the form of a motion, will do that. It's based on the Information that they have given us, that all of their members rrea paying, and have been paying, the twenty dollars a month of fee, and that only half of their me bershlp Ilst has paid the five hundred dollars Initiation fee, Is to have an audit of this, based on the membership roster that they pave us, and It'd be a fairly simple and Inexpensive audit, to make sure that what they have stated to us Is correct. And If It Is not correct, therefore I think It's going to make a big credibility gap In their financial ability to build this based upon their monthly fees and initiation fees as they stated to us the money was o= l ng from. Conan l ss i oner Plummer, what I read from the Minutes, is It accurate, or Is It not? Mr. Plummer: obviously, you're reading from verbatim Minutes. If they made that Indication on the record, then to ask that that matter be looked Into and to be verified, I see nothing wrong with that. Nothing whatsoever. Mrs. Kennedy: It's a very fair request. Mr. Caro IIo: What 1 am stating is, and I'II make It In the form of a motion, that If an audit 1s made, and I think the audit should be made as soon as possible, based on the membership roster that they gave this Cammisslon, and this adnlnistratlon. whoever does the audit, finds that there Is a significant difference In people that are not paying monthly fees, or a significant difference In the monies that they should have in the accounts, or have received, based on their m®nbershIp roster and their twenty dollars a month fee, and the initial five hundred dollars that half of these people have paid, then I think that this contract that we are about to enter to, or have entered to, under the conditions established, should be null and void. Mr. Dawkins: 1 think, Mr. Carollo. that when we went through this before, a gentleman got up and said that he was providing any and every dollar necessary to construct this. So. now, If this gentleman Is going to pay to construct It, then we don't...) mean, the money of the membership Is going to still be there; so whether It's there or not, in my opinion - See. what I, 1 mean, we Just keep stalling these people. We Just keep coming up with stalling tactics. Mr. Caro IIo: There's no stalling In this. They're moving ahead as... Mr. Dawkins: No, they're not. Mr. Carollo: ...you know they have. Mr. Dawkins: No, they're not, sir. Mr. Caro IIo: All that we're asking Is for an audit. Mr. Dawkins: They're not moving ahead. Mr. Caro IIo: And If they're lying then, and If they have lied to this Caammlsslon, It's a different story. You know, there's no stalling. We're moving ahead,... Mr. Dawkins: No. Mr. Caro IIo: ...as three members of this Oammisslon voted the last time this was discussed. Mrs. Kennedy: And If they're not moving ahead, It's not because of us. Mr. Dawkins: Weil, It's because of the aft I n I strat I on. Mayor Suarez: Yeah. we had problems with the agrnt, not reflecting what we had agreed. Mr . Carol I I o: You know, 1 hear peop 1 e object to ncw. for the Simple fact that we want to make sure in an audit, that what they have told us Is the truth. Mr. Dawkins: Yeah. but that's a stalling tactic. Mr. carollo: No. W. Dawkins: I don't mind. I don't mind. Let them go ahead and start _ building... Mr. Caro IIo: Flaw are we going to stall them, Miller? They're pursuing ahead, while our audit Is not going to take 18 months, Miller. Mrs. Kennedy: Mr. Manager, could you respond to that? Mr. Odlo: Well, I don't knaev we're holding up anything. We presented an agreement to be s I gned by... Mr. Plummer: We're over that hump. This Is a new Issue entirely. Ommissloner Carollo referred to the verbatim Minutes, that they made a statement on the record about the Initiation being paid by 50 percent, and the monthly dues being paid of twenty dollars. What he Is trying to establish Is, (a) that that is a correct statement as made and represented by Casino Espanol; (b), and I think the Important, real Important thing, here Is, Is that there are the monies, or will be the monies there, to establish and do what they say they're going to do. The indication was, In an earlier hearing, that they were going to raise the money through Initiation and through dues. Mr. Odic: But ... but ... my question Is... Ms. Fernandez: That's Incorrect. That's not a true statement entirely. Mr. Odlo: What does that have to do with the aclninlstratlon? Mr. Plummer: Nothing. Mr. Odlo: No, they say that the administration was holding this up. Mrs. Kennedy: They claim that you're stalling. Mr. Plummer: You hold up everything. Mr. Odlo: I know, but not this one. Mr. Carollo: All that we want is an audit, to verify those facts. Something very simple, samething very reasonable. Mayor Suarez: We have no problen with checking. W. Caro I10: And if what they stated to us Is correct, then there shouldn't be any problems whatsoever. Mayor Suarez: 1 don't think there's any problem with that, but that should not be in any way a precondition to beginning construction. If they have found the funds In whatever means they have, that's their problem. W. Carollo: The point that I'm getting to, Is 1 have had Individuals tell me that...IndIvIduaIs whose names have appeared In your so-called membership roster. that at no time were they consulted or asked to be placed as a member of your organization, and at no time have they given even a penny to your organization. Now the point that I'm getting to Is, that this is the only way that l think we could find out If this Is a paper organization or not, if you Indeed have the 300, 500 members that you claim that you do, or do you only have ten, twenty. thirty members. / W. Ricardo Martinez: May it please the OmmIssIon. My name Is Ricardo Martinez, Suite 4000, Southeast Financial Center. I'm one of the attorneys for Casino Espanol. If Ctmmissloner Carollo... Mayor Suarez: Are you being coToensated for your apoftrance today? Mr. Martinez: No, I'm not, rro. Mayor Suarez; Because If you are. you have to fI10 a lobbying registration form. 194 Mr. Martinez: Thank you, Mayor. No, I'm not being compensated. 1 think that It's a legitlmate concern as to the number roster of the organization, and also the financial means that we have to construct the structure. We'll be very happy to provide the OmTnIssIon, at the next meeting, with a list, duly Authenticated and notarized, as to all our present menbers and the funds that we have available to construct the building. If that Is your concern In good faith, we can meet those objections. Now If you want to take us back and go through the whole procedure again... Mr. Carollo: We're not taking you back at all, and you know It, sir. You're the one that Is trying to cloud the Issues... Mr. tutrtlnez: Apt I going to have an opportunity to make my presentation, or are you going to Interrupt...? Mr. Carollo: Sir, you could have all night If you'd like to. i Just don't want people ocming here and lying tome, with a little snlrk on their face, because they think they might have a couple of people on a radio station... Mr. Martinez: Are you talking about my face now? Mr. Carollo: sir? Mr. Martinez: Is that In reference to my face? Mr. Carollo: Yes, sir. Mr. Martinez: Is that an effort to Intimidate me, or what Is It? I don't understand it. Mr. Caro IIo: You want to smirk all you want, you go ahead and do It, sir. And If you think that you have three votes here, to do whatever you want, then hell, Just ask then to make a motion... Mr. Martinez: Now you're questioning the integrity of... Mr. Carollo: ...not to give you three-quarters of an acre. Tell them to make a motion to give you the whole Island. Mr. Martinez: Now you're questioning the integrity of your fellow emm i ss I oners . Mayor Suarez: One at a time, one at a time, please. Mrs. -Kennedy: No. we cannot understand anything. Talking at the same time. Mayor Suarez: The record won't even be able to be transcribed. Mr. Carollo: what we're having here Is a situation... Mr. Martinez: Can I continue? Mr. Carollo: ...like I've never seen here before, with the exception of a previous episode on Watson Island, that we have Individuals that are coming here, and they think Just because they have the right political muscle, that they could get whatever they want from the City. At no time is my request going to hinder then In pursuing ahead with this whatsoever, unless they're lying. Mayor Suarez: You have no problen with that, the review of the records as to see hoot many m&rbers you In fact have. You may have thought you had more and not been ab I e to collect the fees. That a I ways happens . Mr. Carollo: Not only that, that was the condition previously. at the last Ctmn 1 sss I on met I ng . That was the cond i t 1 on - the administration was to I ng to check the roster, wh I ch - It was not done. Masyor Suarez: The aclrn I n 1 strat i on shou I d do that. Mr. Carollo: but what I'm talking here Is sonething more simple, that could be done In a matter of a couple of days, very 1 ne3kpsns i ve, It shouldn't take much t Ime, I t' a not go 1 ng to bother thorn at a I I . They oou I d pursue a I I the 1 soptaybew 11, 1l meet I ngs that they have to, and gett I ng a I 1 the perm I is that they have to, without being bothered by It. And that Is simply for the City to audit the monies that they have, to see I they're getting twenty dollars a month fran all the norbers that they have, IIke they're saying, and they stated In these Minutes m what's the case with then? Mr. Martinez: If I may respond to that. 1 feel that the question before the 0a4rn i ss ion now is one of due process. We came and we try to p I ay the game by the rules that were: established at the prior meetings, and every time we came before you, a new rule 19 changed, a now requIronent is made, a new condition Is made. As a point of Information, you cannot ask for any permits anywhere In the world that I'm familiar with, without a legal description and a binding contract to the use of the land. Therefore, we cannot move forward until we get a lease agreement from the Catimission of the City of Miami. Mr. Plug: The lease Is ready, sir. Mayor Suarez: Yeah, we're not going to hold that up, at least with my vote. We're not going to hold that up even if the Commissioner wants to see... Mr. Martinez: 1 see. So we will receive a lease. Mr. P 1 unmer : Sir. Excuse me for one moment. Mr. Martinez: Yes, sir. Mr. Plummer: If I heard you correctly, you said that you would be glad to supply the full membership list,... Mr. Martinez: Yes. Mr. Plummer: And the wherewith for the finances to do the project if It's to be... Mr. Carollo: We have the membership list already. It's been supplied. Mr. Martinez: We can supply an updated... Mr. Plurtmer: Well, 1 think they should have an updated one, Joe, OK? Mr. Martinez: Updated IIat, and the updated finances at the same...next meeting. Mr. Plummer: So, we're not anywhere apart - supply the list, let the adnministration go through It, verify it, and that's what he's asking for. He's entitled to that. Mr. Martinez: 1 understood him to require an audit of the organization, which — _ we can III afford at this time, and that's what I'm objecting to. Mr. Plummer: Oh, no. Any audit that we order, we pay for. Mr. Martinez: Oh, I see. Mr. Carollo: No one's asking you to put a penny up, sir. No one's asking you to stop one more day in pursuing ahead trying to get the permits that you need to get to build this. No one is doing that whatsoever. All that we're asking the acim 1 n I strat 1 on to do Is to verify that you're receiving the monies that you allyd at this past meet Ing of April 22nd that you would be getting, and based on mast of your statOrdents, It was Indicated at all the different meetings that we've had that that facility was going to be built and maintained with the marl1es of your huge membership roster, supposedly. Then we just want to verify that, and If that's not the case, then the game Is over. All permits are null and void. Mr. Pt r: All right. May I Interject scmmething here? Mr. Manager. Mr. Odlo: Yes, sir. Mr. PIL nwer: It Is my understanding that the record by the City Attorney 13 now ciarifled. Is there any reason that you know of, sir, that the lea" car+mot be sc i Wwi d tomorrow? 196 St+ammbei 11, low Mr. Plummer: There's no reason. So the lease can be signed tomorrow. Simultaneously, the rest of Gonmissloner Carollo can be honored by then giving an up-to-date membership list, and also verification of where the dollars are go I ng to be coming f rcm, f rem the mmammber ,hip roster, f ream this guy who nude the statement - I hope he's still In business; I doubt that he Is, making those kinds of statements, but... Mr. Caroilo: J.L., I have no problem with the City Attorney signing that lease tomorrow, based on the stipulations that have been made here previously, with the corrections that were made today, and with the only additional stipulation that we follow the Instructions - that that would be stipulated in the lease - that they would have to meet all the requirements In the resolution that was passed this April 22nd of this year, and that It be proven, after an audit Is made of their finances, that their statements made to us on this date, that they would be getting twenty dollars per month per person or family group, and that they had gotten five hundred dollars from half of that membership roster, be basically correct - in other words, that there would not be a major difference. If there's same difference of ten percent, fifteen percent. something minor - acceptable. But that we don't f I nd a ma jor d 1 f ference, where 40, 35 percent, or more, of the peop I e they placed on as being members, haven't been paying their monthly dues, or didn't even pay the initial Initiation fee of five hundred dollars. That's the only point that I'm making. W. Plummer: In other words, what you're saying, If the audit brings up a substantial deviation from the record that they made, then the matter will cone back before this Commission for further discussion. Mr. Carollo: And that contract would be null and void until they show... Mrs. Kennedy: Why don't we take it one step at a time, and... W . Carollo: Well, we could take It one step at a time. That's basically, what I'm saying. Mr. Plummer: What do you mean, Rosario? Mrs. Kennedy: Well, I don't know. Let the Manager check the IIst and came back to us. Mr. Odlo: Well, let me say something. Nhybe I can help then out and... Nir. Plummer: If there's a substantial deviation. That's what I'm saying. Mrs. Kennedy: If there's no deviation, leave It at that. Mr. Odlo: If what you want to achieve Is what I think I heard, It Is that we ' go ahead with the contract, that they proceed to obtain whatever permits they need to be able to build. Mr. Plummer: Right. Mr. Odlo: CSC. Before they can move Into the property physically to build, they must Iy with everything In this agreement. Mrs. Dougherty: flight. Before they get a building permit. Mrs. y: It's a very simple request. Mr. Odlo: A building permit. Mrs. Kennedy: They shouldn't have any problem. Ws. Dougherty : 1 t seem to me you wou I dnt want than to go and cove, It gett I ng money un i eds, - I n bu I I d I ng the structure - unt I I you've. they kr*N that they have the clear... 197 Septenber II. ISM x Mr. Plummer: WeI1 also remember, Lucia, we've retained approval over their plans. so If the day ever cane that the City wanted to take It back, that they couldn't have built a palace over there that we couldn't afford to take back. We're goIng to make sure that they build sanething that's nice, but if the day over that we needed It for public purpose, we can take It back. So we still held that control. Mrs. Dougherty: All I'm suggesting Is that this audit question be resolved prior to building permit stage. Mr. Martinez: Our only concern... Mrs. Clougherty: And the only other thing I want to clarify on the record - do you all know that the 98 month will begin after the signing of the lease? Mr. Plumper: That's correct. W . Martinez: Cur only concern Is that i don't think that the Oommisslon wants to make this a guns of Truth or Consequences. t: Mr. P 1 unmer : Super what? A Jy Mr. Martinez: 1 don't understand the Ommission to mean that this Is a game S of Truth or Consequences. If certain misrepresentations were in good faith made by an attorney, we'11 get another attorney and present the facts as we have them now. -: Mr. Plummer: Sir. excuse me. Let me disagree with you. Mr. Carollo: No. no. We're Just wanting to make sure that there game being played of lying. y I s not a 1j Mr. Plumper: Let me disagree with you to this extent. Camnlssioner Carollo y read verbatim fran the Minutes as they were of this meeting. Not this meeting, but that meeting. All right, sir? There were certain statements made. Nov. If those stateaim is are Incorrect, he has every right to question then. That's what we're here for. And I defend his right to do that. 1 don't think we're talking that far apart, OK? You understand that If there Is a substantial deviation from the record established by Ms. Fernandez, that this Campisslon's going to go back and reopen the subject. ,F F Mr. Martinez: We understand that. Mr. Plummer: Now, If there Is no deviation - thank you. Enjoy. Mayor Suarez: OK, that's in the form of a motion, and a second. roll. Call the Mr. Caro IIo: Can we make sure that we go over what we're voting again. since basically the motion to go ahead and sign with the lease with the amendments that we've dl seLmsed here now. OK. 1 vote no. Mayor Suarez: It was a clarification that we had done before, not really an amtt . Mr. Carollo: Well, what it is, Is the same thing that we really actually voted upon on April 22nd, telling the Manager to go ahead and aIgn:the Ieaw with them, with the exception that we included the clause that. we just d I scussed two. Mayor Suarez: No, that Isn't It. Mr. Carollo: I'm In favor of that clause. Mayor Suarez: There' s no such c I &use . There I a the add I t 1 ona I prov i aio that the City Manager audit, If you want to use that term, or Inapelrct their records, to make sure that they have the mambershIp and the f ing mmlws that they represented d to us,. with no substantial dezv i at i on from that A I f there were a substant I a I dear i at I on f ram that, the C I ty MwvW wou I d report back to us, and we oou 1 d stop they Process, at the bu I I d I ng perm I t . or epprovai 1 of the plans, stage, or whatever. t ite"ber 1 1 low �. a j- Mr. Carol to: Mr. Manager, how quick can you do that? Mr. Manager. Mr. Odic: Yes, sir. Mr. Caro IIo: How quIck can we get that audit done? Mr. Odlo: 1 just gave an order to the Internal Audit Department to proceed 1n contacting Casino Espanol people, for then to provide than the records that we need to examine. Mr. Carollo: Flow quickly can you all provide the records to the City? Mr. Odlo: SuJan - is he here? Mr. Plug : No, he's In Key West buying more property. Mr. Odlo: Smart. Well, see the guy with the beard? He looks IIke Sujan.. Ms. Fernandez: One or two weeks. Mayor Suarez: Make It one. Ms. Fernandez: One. Mr. Carollo: One week? Mayor Suarez: It's In your own Interest to make It one. Mr. Caro IIo: OK, In one weds. They will provide all the material that we need to audit In one wedc. How long will It take our administration to do an audit? Mr. Odlo: The audit that you're requesting Is to check and see what the membership 1s, as 1 understand It? Mr. Carol to: What we're talking about, Mr. Odlo - let me go slawwly again.. Mr. Odto: No, no. Mr. Carollo: I'll go with it In English, In Spanish,... Mr. Odlo: I'll get a copy of the record. Mr. Caro IIo: I'll even try out, you know, my Italian and French, no matter how bad It I s . . Mrs. Kennedy: I think It loses In the translation. Mr. Carol to: Let me explain It again, so It' II be clear. Mr. Odlo: OK. f3et this down, will you? Mr. Carollo: So on the membership roster that they have previously given us, that's on reed, they stated that their membership roster consists - I'll read from the record again. they say that their membership roster consists of 300 Individual members, 6W family. Eased on that, on those amount of people, we are to see if indeed each family unit, or each Individual, has paid their twenty dollar monthly Bees, like they state that everybody pays, and If at least ha I f of those fawn I I y groups or 1 nd I v i dua I s have pa I d the f i ve hundred dollars Initiation fee, like they state that they have paid. Mr. Odlo: Yes, air. Mr. Caro I10: And that should be fairly simple to match,... Mr. Odlo: Well, it's not... Mr. Caro I I o: You kncw, deposit dates, erveryth i ng else. YOU have the ash i p roster a i ready . Figure out If theme numbers match r Septelow II, 11 ,fit -1 —I' Mr. Odic: Well, they nil to provide us with a list of the members, the { address and telephone raKrbers, and either/or the paid —that's what he's asking. I want to put It on the... Mayor Suarez: They gave you that already. Mr. Carollo: We have that. Mr. Odlo-. Then we'll have to verify that they have the numbers... Mayor Suarez: Just verify that they paid the fees and they paid the Initiation fee. Mr. Caro Ilo: That's the main concern that 1 have. I'm not even asking, like the rea so i ut I on stated, that this adm I n 1 start 1 on shou I d do, and ver I fy It If a 1 I those pecap I e were I ndeed manbers or not. W . Odic: 1 will proud to do that. Mr. Caro IIo: So 1 knew that when you start calling, you're going to find out that a lot of then, the names were Just placed In there - period. What I'm asking is sranethIng altogether differently. It's for you to figure out - you have all the names of the people there. Let's say you got 6W names tyre. Based on that... Mr. Odlo: For each name you need an amount of dollars. That should be done In one day. Mr. Cmrollo: Exactly. Now you should have half those people that paid a five hundred dollars Initiation fee. Mr. Odic: We can do It In one day after they provide us the information. Mr. Caro IIo: And each of those, or family unit, should be paying twenty dollars a month. Mr. OdIo: Yes, sir. Mrs. Kennedy: It's very easy. What we're really trying to establish Is a , matter of credibility. Mr. Carollo: Exactly. Mr. Odio: l can do that In one day after they provide us the Information. Mrs. Kennedy: OK. Mayor Suarez: It 1s not ... Signing the lease 1s not cc dltionmd on that, but Is simultaneous with that. Mr. Carollo: No, but near... Mrs. Dougherty: And I want to make it clear that this is not a part of the lease, but a direction to the CIty Manager and an agreement by the other side. Mayor Suarez: Right. Mr. Carollo: What Is the date today? Mayor Suarez: Today's the eleventh of September. Mr. Odic: Eleventh of... Mr. Carollo: So 1f they get this for you 1n a week, and It'll take you a coup i e of days to do It In? Mr. Odio: No more than that. Mr. Caro IIo: Then we should be able to place this Iten on the Agenda of the et l ng of the 25th of September. then. So that If you Gould make sure that that I s p I a+card on the meet 1 ng of the 26th, and make sure that It be one of the eeatr 1 I ear 1 team , not so late In the day. W _j -i f i 4 Mr.•Odlo: Yes, sir. Mayor Suarez: OK. It's In the form of a motion and a second. discussion? Call the roll. Any further The following motion was Introduced by Co missioner Carol lo, who moved Its adoption: NOTION NO. 86--740 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN A LEASE AGREEMENT WITH CASINO ESPANOL PROVIDED THAT CASINO ESPANOL OOMALY WITH RESOLUTION 86-300, PASSED AND ADOPTED APRIL 22, 1986, FURTHER REQUIRING SAID GROUP In PROVIDE AN UP-M-DATE KUMERSHIP ROSTER; FURTHER DIRECTING THE AQMINISTRATION M AUDIT CASINO ESPANOL'S NIBVBERSHIP ROSTER TO VERIFY THAT EACH OF THE SOO FAMILIES AND 300 SINGLE MIZIMERS ARE IN FACT PAYING $20 (MONTHLY DUES, AND THAT CASINO ESPANOL HAS COLLECTED FROM AT LEAST 50 PERCENT OF THOSE NoEPBERS THE $500 INITIATION FEE, AS STIPULATED BY THEM; AND FURTHER DIRECTING THE MANAGER TO PLACE THIS ISSUE EARLY ON THE SEPTEM3ER 25TH AGENDA. Upon being seconded by Ccmnlssioner Plumier, the motion was passed and adopted by the following vote - AYES: Ccmnlssloner J. L. Plurmer, Jr. Mayor Xavier L. Suarez NOES: Ommissloner Rosario Kennedy Vlce- Mayor Miller J. Dawkins ABSENT: None. *NOTE FOR THE RECORD: Even though CcmnlssIoner Caro IIo voted originally "no" on the motion, he later changed his vote to "yes" on the record (SEE BELOW) ON ROLL. CALL. Mrs. Kennedy: I vote "no" for the reason stated previously, that to grant the lease when we have another offer that Is much better for the. City Is ludicrous, and i think that again a travesty has been committed. I vote "no." Mayor Suarez: I vote "yes." It's your only chance. Mr. Caro IIo: CK, If I may, for the record, 1'd IIke to change my vote to "yes." 1 object completely to the signing of that lease. I think what Is happening here Is extremely Imnoral, and has been from day one till this charade has started. But I am voting "yes" for the fact that It gives the actninistration the right to go ahead and find out If indeed we are being told the truth, that they have so many dues -paying numbers. Mrs. Kennedy: Why don't you make a substitute motion, just to do the audit? Mr. Carollo: Nape. I'll Just change my vote. Mayor Suarez: OK, the motion carried. 201 S�tD►r�tber' 11, � i 79-A . EXECUTE RE IMI3 M NT AGREEMENT BETiNEEN THE C 1 TY AND THE M I AM 1 SPORTS AND EXH I B 1 T I ON A 1T HOR i TY REGARD 1 N3 DEVELOPMENT OF THE ARENA. 79-8. EXECUTE LAND LISE AGRE13 NT BETWEEN CITY AND THE SPORTS SPORTS & EXHIBITION AUTIMITY (SLJBJECT To PROVISO) REGAROING DEVELOPMENT AGREEMENT BETWEEN DECCMA AND THE SPORTS AUTHORITY. Mayor Suarez: Item 101.1. Sports Authority. item 101.1. Mr. OdIo: This Is the discussion regarding the Sports Authority. It's an Item placed by Ccrmissloner Plunner. Mayor Suarez: Zev, do you want to tell us anything? Does scmebody want to tell us anything, so we can get the contract finally signed? Mr. Odlo: Yes - we have —Do you want to say sanathing? Mr. Dawkins: J.L. It's your Sports Authority. Mr. Plurmer: Oh. Mr. Mayor, 1, of course, have been extremely upset about the fact of the cam Itment that was made to this City for ten million dollars to address the exhibition problem. In good faith, and I believe that, the chaIrman of the Sports Authority, as well as the members. ratified that pledge to th I s C I ty, as a tota I package of the bond 1 ng and as a tota I package of Overall. Unfortunately, when the ten million dollar Issue was addressed for the City of Miami, the numbers were not there to substantiate... Mrs. Kennedy: J.L., excuse me one second. Before we even discuss this Issue, let me put so eth i ng on the record. Madame City Attorney, I have abstained frcin.this because my husband represented Dacoma. He does not receive any oampensatlon, nor do 1. Do I have a conflict? Mrs. Dougherty: Madame Ommissioner, neither you nor your husband presently have any kind of relationship with Dacama at the present time? Mrs. Kennedy: That's correct. Mrs. Dougherty: In the past, I have told you that you do not have a conflict of interest. You still don't have a conflict of Interest, and that's the reason you actually had to physically leave the roam, because If you were present in the room you would have had to have voted, and for the appearances sake you felt that you shouldn't,... Mrs. Kennedy: Exactly. Mrs. Dougherty: ...and you left the roan. But you do not have a conflict of Interest, and If you remain here you must vote. Mrs. Kennedy: Right. 1 thought that the appearance of a conflict was just as bad as having a conflict. On the other hand, 1 think It's tremendously Important to get the franchise, and 1 on therefore going to vote on this Issue. Mr. Plummer: You're going to vote. Air. Plummer: OIL. So, the probIan was that the bank IndIcated there was not sufficient numbers to, in fact. let us draw the money out of the bank. i have worked with the two negot l ators, and It has now been I nd ictated by the bank that an escrow account of $307,000 must be established - and I'm going to Increase rasex that to 350, by the way, just to g 1 ve us the 1 I tt I e bit of leverage It really doesn't nuke that muoh d I f fere nce . That we will estaab 1 i sh that ea scrcw ==nt at th I s particular time, to be quaranteeid by the Sports Author I ty that 1 f the bank ever ca I I s down on that may, that they must repay the C I ty of M I aam i the next year from their budget, plus I ntereast . That is noceptab I e to me. beowsae It does gArantee that this City can got its ten m 1 I I Ion do i I agars. I have no prob 1 ram. the m I nute that they have had ar► meet I ng, and ratified and agreed to that understanding, that Mr. Odlo sign off and get this thing going as It should be. It was understood that they could possibly have a special meeting tcmorrow or Monday, whatever that's... Mr. Carollo: Gentlemen, if we're going to have a special meeting. W . Plummer: No, no, no, no - the Sports Authority. Mr. Coo llo: OK. Mr. Plummer: That they could have ... as soon as they could get a quorum together, that Mr. Odlo would be In agreement to sign off on that thing. But that agreement, which has been In draft form to the -- to me, I don't know who else - that, assuming they ratify that agreement, I am then signing off and In fu i I concurrence, because the min I n 1 nterest that I 've had from day one, to address the exhibition problem In this town, will be guaranteed. So... Mr. CawkIns: Mr. Manager..... Mr. Manager.... What do we need to do, other than put It... I mean, what do we have to do to put the ten m I 1 I I on do 1 I ar check in J.L.'s hands so we can sign this now and be finished with It? Mr. Odlo: OK, Commissioner, It's going to take, and these have been told, _ they're going to have to notify the members three days notice to... Mr. Dawkins: Notify what members? Mr. Odlo: The Sports Authority. Mayor Suarez: Sports Authority. Mr. Odlo: They would have to meet and agree to this resolution before we can then pledge the monies and then get the bank to release those funds. Mr. Dawkins: Well, what have they been doing? I mean, we've been telling then for four days this Is what It took. Nov, suppose I say that ... what did you say? It takes three days for then to get the what? Mr. Odio: They need to notify the members. They will take three days before they can meet. Mr. Dawkins: OK, Mr .... then, suppose I tell the Mayor, then, to call a special meeting, and for five days I'm going to invoke the rules, so now we're bade - you're losing a month. I mean, somewhere along the line here sarnebody's not... Mayor Suarez: Absolutely. I mean, I'm sure you can waive the three day reau I remit, c f the Corm I ss 1,on saw f 1 t to do I t that way. Let me Just clarify - for myself, I'm ready to vote on the agreement and to Instruct the City Manager to sign It when he's satisfied. I'd like to get the ten million dollars, 1 think we can get the ten million dollars,... Mrs. Kennedy: Noe too. Mr. Dmvkins: We're going to get the ten million dollars. Mayor Suarez: But... I'm ready to vote on It. Mr. Dawkins: Let me tell you guys samethIng. Either we want the arena or we don't, OK? And after Saturday I wouldn't care what you all do, you 're3 going to do It without me. Because 1 am tired of going through an exercise of futility. Now, J.L. has made himself plain the Idea. And I said If they lied and said they were going to produce ten million dollars and they didn't, and I spa I d If they don't produce ten million dollars, no t l cke e , no laundry, OK? I also said that I had no problem In the world with the City of Miami, If necessary, beam I ng the agent with which to deve 1 op the arena. I got no prob I an w I th that. But I elan' t I ntend to I et you guys to 1 I me aga I n that it's going to take three d&m days for you to make up your mind to hold a meeting to tee 1 l me smith i ng . I'm not going to stand for that. Mr. P I u llftr : We I I , i th I nk the agrooTent I s subject to that rat 1 f i ct Ion . I f It takes them three days, It's their prob 1 em that they've de I ayead . But any agre a ment that Mr. Od l o wou i d s I gn off Is subject to that agroffli nt be I ng ratified by the Sports Authority. it's just that simple. Mr. Dowklns: And it takes three days for them to get together to decide to do that -- Is that what you're to I I I ng me, J . L . ? Mr. Rleek Harrow: We w I I I have a met 1ng as soon as absolutely possIble. Mr. mo"lf - 14-1s art of our bylaws We V I ce-MYLPF , we show I d I� OURS ee to maybe y p should be able to modify our bylaws In order to have such a meeting. I'm sure If that's the emission's wishes, we can work that out. Mayor Suarez: I'm sure you can waive It if you have all the menbers present. Mr. Dawkins: So, J.L., what are you saying now, so I ' I I know how we're voting for... Mr. Plumper: I say that I am signing off on that feature as soon as the Sports Authority ratifies and agrees to that concept which has been proffered here today. Mr. borrow: You're doing that contingent upon... Mr. Plu=ier: Yes, very definitely. I ain't getting no horse out of the barn - no. Mayor Suarez: Clarify It, because you're going to have to sign It, and we're not going to cope back to the Cmnission on this. Mr. Plumper: No, sir. The minute they ratify this agreement... Mr. Odio: i can sign. Mr. P1umier: You can sign. Mr. Odlo: Fine. No more... Mayor Suarez: OK, now, describe It, to be absolutely sure. What is the, agreement going to constitute? - Mr. Odio: The resolution, you can put It on the record. Mr. Plumper: The agreement basically says this, because this Is just a draft, OK? Mayor Suarez: That's what 1 want to know. W. Plumper: All right. Basically, It Is saying that the bank Is requiring an escrow acoount of $350,000 before they will release the ten million. The City of Miami will put up that escrow account to guarantee the release of the money. At any time that the bank calls down on that escrow account, the foIIamIng year the Sports Authority will return that amount to the City with Interest. Period. Mayor Suarez: OK, let me Just clarify. Once again, I'd be willing to vote without It, but what you have here Is, you have to provide a bondable revenue source. That means every year, $350.000. Mr. P1u►mer: Oh, yes. After the first year. { Mayor Suarez: Not an escrow account of $350.000. Mr. Plummer: After the first year. Mayor Suarez: So It's got to be a stream of return of $350,000 a year. That's the re qu I rement . Mr. PILPmer. Here's the problem, OK? '' Mayor Suarez: So they can then break escrow on the ten m I 1 l i on dollars. Mr. . P 1 Xav 1 ter , the numbers were there. But the bane was say i ng, "You're Operating strictly on projections, and we can't accept projections," and that's what they're saying. W4 ra Mr. Dawkins: But we do get ten mIIIIon d1oIIars when we sign the contract? Mr. Plummer: No, that was never the understanding. It's ten mlIIIon dollars, but you on I y get net I n hand, to ever the debt sery I oe, e I ght and a ha i f . That was always understood. Mr. Carollo: That's all you get In hand? Mr. Plummer: Eight and a half. Mr. Caro IIo: But what we get in hand Is eight and a half. That was understood before. Mr. OdIo: Robert? One more time - they call me and tell me that agreement... Mr. Plug: No, no, no - call you and tell you, no. They deliver you a written document that they have accepted. They - the Sports Authority. They bring you a documant - you sign off. Mr. Od I o : OK. Mayor Suarez: OK, the terms as contained In this attachment here? Mr. Carollo: Rick? You want a pen? Mr. Horrow: 1 will call the mmibers, I will do whatever my attorney lets me do, In order to get the message back to you all that we want to move as Quickly as we can. Mr. Plummer: No. you don't have to give us a message. Mrs. Kennedy: You don't have to even do that. Mr. Plummer: If It's approved, you bring It to him In writing, and he signs Off Imrediately. Mayor Suarez: OK. Mr. Morrow: I'm getting my pen ready. Mayor Suarez: The terms are as oontaInod In this exhibit? you've got? Mr. Plummer: Yes, sir. Mr. Horraw: May I... Mayor Suarez: Are you sure, Bob, you guys can meet this? Mr. Sechen: I sure hope so. I think we can. Mayor Suarez: As sure as anything In life. Mr. Christopher Korge: Mr. Mayor. Mayor Suarez: Yes. Mr. Korge: May i suggest that we pass two resolutions, then. The'one'wltich Is before you - the resolution authorizing the City Manager to execute'a reimbursement agreement between the City and the Mlaml Sports and Exhibition Authority, In a form acceptable to the... Mr. Plummer: 1 so move. Mr. Korge: ...City Attorney. Mr. Plummer: So moved. Mr. Carollo: Mayor Suarez. Moved and seconded. Any further diseusslon?` Once again, as described by the exhibit there. Cell the roil. The following resolution was Introduced by Commissioner Plummer, who moved Its adoption: RESOLUlT ION NO. 86-741 A RESOLUTION AUT DRIZiN3 THE CITY MANAGER TO EXECUTE - A REIMBURSEMENT AGREFNENT, IN A FORM ACCEPTABLE TO THE CITY AT7Y, BETWEEN THE CITY AND THE MIAMI SPORTS AND EXHIBITION AU171i0iITY, INMRPORATING IN SAID AGcMEMi NT TERMS AI D COM I T I ONS MBSTANT I ALLY AS SET FORTH IN THE ATTACFMNT HERETO. (Here follows body of resolution, anItted here and on file in the Office of the City Clerk.) Upon being seconded by CmmIssIoner Caro IIo, the resolution was passed and adopted by the following vote - AYES: Carmissloner Joe Carollo Commissioner J. L. P l unner , Jr. Co missloner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NWES: None.. ABSENT: None. - Mr. Carolio: Now, are there any further statements that any of our professional staff would like to make on this matter? W. Korgee: Well, there... I think the cover what Commissioner Plummer has Just said, I think you need to pass a second resolution. Mr. Plummer: Read it. W. Korgee: "A resolution authorizing the City Manager, subject to the Miami Sports and Exhibition Authority authorizing execution of a reimbursement agreement between the CI'ty and the MIamI Sport and Exhibition Authority to execute a land use agreement between the City and the Miaml Sports Sports and. Exhibition Authority In a form Acceptable to the City Attorney; furthermore authorizing the City Manager toyapprove on berhaif of the Ocmmission, the development agreement between the Authority and the Decam Venture." Mr. Plummer: So moved. Mrs. Kennedy: So moved. Mr. Carollo: Second. Mayor Suarez: Now. It didn't state... - Mr. Carollo: For discussion, and I want everyone to understand this, Zev Sufman has a deadline with the N.B.A. that he has got to meet, a very -vital deadline. Two members of thIa OrmmissIon, at least two members are not going to be here after Saturday for at least a week, ago If there are any doubts about actions of this Cann IssIon we will further nerd to take, we had better hear than tonight. Mr. Odio: Well It does take sane.... if they dont' get the ten million dollars the arena Is dead fellows, so don't tell me you don't need any more action. L NI LENT I F i EIS SPEAKER: Right. Mr. Odio: Let me put It on tla record, and J.L. will confirm to you, if we do not get that resolution, there Isn't going to be any arena signed by me. Mr. 01ummer: Well no, excuse me, I won't aft that. 1 would say that if we don'tget our $10,000,000 as crarmitted, that this deal will not fly. - Mr. odlo: OK, that means that I don't sign... I don't know what you are say I ng ... Mr. Caro IIo: well, that Is exactly what he means, that is why he Is saying that Mr. Odlo: Yes, so we would have to wait for you to cam, back... Mayor Suarez: That is what he Is saying, to be absolutely sure, because you can maybe try to get it through without this. Mr. Horrow: Mr. Ckamilssiover, to address your concern, to take off every single contingency, Is essentially to stay to the Manager, as you already have In your resolution, that he Is authorized to sign right now without any additional things. Mr. odlo: What do you mean? That 1s another resolution. Mr. Horrow: No, that Is no resolution passing today. Mr. Sechen: He Is authorized under your prior resolution. I think the City Attorney can Instruct you on all this. Mr. Korgee: well, that Is provided that no one on the Carmisslon objects to him signing. Camnissioner Plummer has objected to... Mayor Suarez: Oh, that Is not provided that no one on the Ccmnisslon objected... Mr. Korge: well, no, but... Mayor Suarez:... provided we have a majority that says that. Where do you get this, Chris? Mr. Korgee: No, I am referring back, Mr. Mayor, to your resolution... Mayor Suarez: Yes, I know you are referring back to something that we decided God knows when, and nobody understands. Let's decide today what this Commission's policy Is going to be, and let's get on with It. Don't bring me back to some resolution we passed five months ago that nobody understands. Mr. Horrow: CK, can i suggest that you, if this is your desire, Mr. Mayor and Ccrrmissioners, that you revoke the prior resolution that you passed the documents that... Mayor Suarez: No, we haven't decided to go that route. Commissioner Carollo has said, be absolutely sure what you are presenting to us. We don't know how the vote Is going to came out, but he has cautioned you that three of us, or two of the Canmissloners, or three, I guess, are going to be out of town for a week, so If you don't think this Is going to fly, you may want to try something else, that Is all he Is saying, a very sensible... Mr. Carollo: Jack can you get up here and... Mr. Korgee: Mr. Mayor, what this resolution does. It conditions... it conditions the Authority, agreeing to execute the reimbursement agreement between the City and the Authority. Mr . P I ummer : And they were the ones .who proffered In their letter that It really 't mean anything, because It w I I I never be called upon. W. odio: J.L., can I suggest something? Mr. P 1 t e°ar : Sure you can suggest saneth i ng . Mays' Suarez: By the way. the resolution has to have another modiflcatlon as stated, Chris. Nor'. P I b I ' ve had It stuck Into me once, not aga i n I Not ma, the C i ty l They made a carmittwt, to this City. They . o+ou 1 d not I i we up to I t . This Is a s, way that I s an a I ternat I ve to a l l ow them to I I ve up to the I r cam I tmrent . y 207 Mr. Carollo: Well, J.L., look, If that falls, I'll tell you another alternative that we could follow, and I will Join you In that, if this doesn't get resolved as we talked about Just a few minutes ago, that we then go back, get rid of all the members of the Shorts Authority... Mrs. Kennedy: Ha, ha! Mr, Carollo: Listen to me, listen to mel We appoint a new Sports Authority, and the Manager can name someone from his ackministratlon that Is already paid by the City to run i t , and Instead of giving then $400, 000 a year, we give them $25.000, and we keep $375,000 a year and we can sell sane bonds off of that, or Just keep the money straight. Mr. Plummer: Let me tell you what Is wrong with that, Joe. At this particular point, even though there Is a disagreement, I say that no one has a vested right. Without a contract signed, there Is no vested right with Oecoma, and they said that on the record. Now, If you signed that contract, they then, In my estimation, have a vested right, because you have agreed to a contract, OK? IUD. Caroilo: My question should be then addressed to the City Attorney. Mr. Plummer: I aim agreeable, Joe, to anything, to any agreement that will produce what they promised this City. Mr. Caro IIo: Frey, give me a break, you know. I've got to put up with Suarez trying to play attorney all the time, now you! My God, before you know It Miller and Rosario want to play attorney also. Let me hear from the City Attorney. Mr. Odlo: Comnlssloner, Rick Horrow assured... Mr. Caro IIo: By the way, South MIamI does have sane openings there now... Ln other areas, but they do have openings for anyone Interested. Mr. Odlo: They need a City Manager too, I hear. Mr. Caro IIo: Yes, they do. It Is a good Idea, hey! Mr. Odlo: But they pay less than the City of Miami. Mr. Carollo: I didn't see any signs that anybody Is saying to keep you around. Mrs. Kennedy: Everybody pays less than the City of Miami. Mr. Odlo: I'm worried on that. Mr. Carollo: Lucia... Mr. OdIo: Can I ask, you to do something OomnlssIoner Caro IIO, at this time they pass this resolution, and Harrow assures me, that he has the.votes to pass this resolution. Mr. Caro IIo: Fine, but before that, I want to find out If the statement that J.L. made Is accurate or not, or do they In fact already might have some vested Interest, even before signing a contract, Lucia, or Chris? Mr. Korge: All Deoana has at this point Is the City has an obligation to negotiate In good faith with Deoana. Mr. Plug : Period. Mr. Korga: It has an obligation to negotiate. When you award saneone an R.F.P., you have an obligation to negotiate In good faith within the parameters of that R.F.P. process. We have been negot i at 1 ng In good faith with them. Mr. CAro I l o: Sty what you are to I l 1 ng me I s, that up to this po I nt , if for any reason son that I don't foresee. our contract wou i d not be sa< i gnarl . they do not hayeas any vested interests to sue they pants or skirts off of us. ... - .!err- Mr. Korge: 1 would say that, provided that, If you did not negotiate In good faith, then yes, they would have a good law suit against you, and I think that we are at the point that we have reached closure on Just about every s i ng l e Issue. Mr. Dav*lns: But, 1n every R.F.P., don't we put In there that we have the right to throw out the R.F.P., If we .... Mr. Plummer: But, It Is not our R.F.P., you see, It Is the Sports Authority's R.F.P. Mr. Korge: We selected... Mayor Suarez: We awarded the bid already. Mr . P I ummeer : What? Mayor Suarez: We awarded, we selected the... Mr. P I umme;r : No, sir, no, sir, all we have awarded at this po I nt Is then having the right to negotiate. Mr. Caro IIo: Let's go back to the original motion that you made, that understand Horrow says that he don't foresee any problems with... Mr. Plummer: Where Is that letter that I received fram Larry Turner? Larry Turner... Mr. Caro IIo: Well, Cesar... Mr. Plummer: Joe.. 4 Mr. Carollo: The original motion that J.L. made, didn't Rick Just tell you that he Could live up to that 1n time? 1 t, Mr. Odio: Yes, sir, that.Is why... Mr. Plummer: Sure he Can. Let me tell you why. k Mr. Odlo: 1 Can... Mr. Plummer: Excuse me. Let me, if 1 may. Joe...: Lamy Turner wrote me es ari letter, and _I:don't know If he copied you all or not, and In his letter, he said that $105,000 is all that would be necessary, but don't worry about it, ; because It will never be drawn upon. Now, all we are saying is, the numbers are different, and to do the same agreement. Joe, I w I I I give you a copy, If you want It here, but... Mr. Carollo: Can I get John Blaisdaie up here, because I know he has put quite a b 1 t of time: Into that. Mr. Horrow: Can I also tell you, let me tell you why we can live up to It, because It Is my administrative budget, and It Is our office, and i will Guarantee you that I w I I I sell this to my members tcmor row, explaining what l will be able to do to oampensate for the problem In the administrative budget to make sure that we can get this going, so we can get the arena going. Mrs. Kennedy: Right, and you have problems In getting the vote, you think? Mr. Horrow: WeII, i don't vote, but tomorrow morning, we wIII get our five people togetherand I an sure that I am able to explain this In a way that they will have no trouble concurring with. Mr. Carol lo: Jahn, based upon all the statements you have heard here, and the hours and weeks that you spent going over this, do you think that this emotion Is something that I am not going to have to worry about when I am out of town, or Is Ocomissioner Kennedy going to have to be worry i ng about this? Mr. John B 1 a I sdal e: Well, Commissioner. I th I nk the risks speak for Itself to the extent nt that In the event that the Authority cannot gent the appropr i ate votes to pass the motion, we are In a triangle so to spsak, because the Corm m i ss loners w l I 1 be out of town, the Mwa4W w l I I be not ab l e to sign the 209 Mr. P1umner: tin 1 offer a suggestion, Joe? There Is nothing, I don't think the marts Authority can't take a straw ballot taporrow morning, OK? And if we have to, 1 wouId have no objections to meeting late tomorrow afternoon. Mrs. Kennedy: Fine with me. r Mr. Carollo: 1 wouldn't either. - Mr. PILamer: OK. so let's give then that opportunity to take a straw ballot. If they get five votes, which I feel relatively certain they will, because you know why, it don't hurt! If It hurts, 1 would be concerned, but In their letter, they say it don't hurt. Mr. Morrow: If I can wake then up, they will still have to (END OF STATEMENT UV I NTELLI BLE ) Mayor Suarez: OK. Mrs. Kennedy: Great. Maya- Suarez: With that procedural pranise, we have a motion. Chris. make sure that the motion Incorporates this particular, whatever you call It, reimbursement agreement, not Just the... Mr. Plummer: Wall, that was the first motion we passed. Mayor Suarez: No. no, that was this Camilssion approving It. The second motion has to do with the Sports Authority approving It and made no swi.fic reference to this. but he is going to correct that, CK? We are. ready to vote on it? Any further discussion, call the roll. Mr. Caro IIo: Yes, well, one final worth fran Zev. Mr. Zev Bufman: Do you want It before the vote, or after? Mayor Suarez: I'd just....l Mr. Bufman: After! It Is good news. It Is good news! Mr. Caro IIo: Zev, why don't you give us the good news now. .,and, after the ,5t vote, the bad news. Mr. Bufman: I'll make your dayl j Mayor Suarez: Cali the roll., �t h-. The following resolution was Introduced, by Cc=Isslcrier Plumper, moved Its adoption: 3: RESOLUTION ND. 86-742 A RESOLUTION AUT! OR I Z I NC3 THE C 1 TY MANAGER TO EXECUTE A LAND USE AGREEMENT, IN SS BSTANT I ALLY THE ATTACKED FOW; BETWEEN THE CITY AND THE M1AMI SPORTS AND _ EXHIBITION Al MDR I TY OONC 1EM I NCB THE DEVELOPMENT OF A MLJLT I PURJWE COL I SELF! W 1 TH I N THE CITY OF M IAM I, SA 1 D AUTHOR 1 ZAT I CN SE I N3 CONTINGENT UPON THE M I AM I SPORTS AND EXHIBITION AUTHORITY'S APPADVAL OF A REIMMJMEMENT AGWEMENT BETWEEN THE C 1 TY OF M I AM 1 AND THE F ". i AM 1 SPORTS AND EXHIBITION AUTHORITY. (Here fo I I aw's body of reso l ut i on, cm I tted here and on file In the Office of the City Clerk.) Upon being seconded by 0= IaasIoner Caro IIo, the resolution was passed end adopted by the following vote- ABSENT: None. Mr. Plumper: HalleluJahl Mr. Bufman: A lot of good news. I was over at the N.B.A. In New York on Monday, I met with the staff there. They are tremendously Impressed with the effort Miami has been putting on. They left me with two words, other than the fact that they think we are doing a fantastic Job. They said If we hit the 8,000 season ticket mark by 30 days from paw, which we will, 1 guarantee you - that is what 1 do for a living Is sell season tickets, and If we have a real spade In the ground, and a real hole being dug by next week, that our chances are Just tremendous, and they rea I I y, rea I I y I I ke what we are do I ng . Four months ago, they didn't even think of Miami as a contender, and right now, we are frontrunners, and we are going to get It. So, let's get this docunent signed. Thank you for your confidence. You have been reading about all the efforts in the paper. You knew we now have the strongest financial based ownership of all 24 teams In the N.B.A., 23 plus ours, and we really Impressed then. Mayor Suarez: Don't tell h I m that, don't tell him that They are not going to like you hear you saying that. They might not approvel W. Plumper: Mr. Mayor, may I at this time take the time, you know. we always or I t 1 c I ze, and we are very qu 1 ck to cr I t I c I ze, but I want to to I I you, even though they didn't believe me, Mr. Blalsdale, and Mr. Korge, who i told I was not going to back off under any circumstances, I made a believer out of them, but 1 want to tell you, they have done one hell of a Job. Mr. Odlo: Commissioner, they called and... Mr. Plummer: These guys have been up all hours of the night. Saturdays and Sundays they were pestering the hell out of me, but let me tell you, all Is r • cowmm miBLicOONNECTION WITH NEIGiMRS'OCWLAINTS Mayor Suarez: Item 104, very quickly. These people have been postponed, I think four times. Mr. : Mr. Mayor ... Mayor Suarez: Yes. Mr. North: My name Is John North, I IIve at 7800 Dunham Boulevard, In S.W. 79th Street and the Bay area and on July 10th, all the property owners were notified about to cone down here to the meeting about Improvements being done In that area, and they ail voted against any Improvement whatsoever In that area, except for the people on N.E. 78th Street and N.E. 10th Avenue. They had a water problem and they were... Mayor Suarez: Did we decide to have hearings on this, or, did we approve...? Mr. North: They all voted against It. Now, they got It up... Mayor Suarez: Oh, that Is right, we shot It doyen. Mr. North: I've got a letter now, and they have engineers caning out there fran the Miami City engineer's been out there, and also yesterday and today, the private engineer has been out there, marking up the streets. 1 don't know what is going on with this Phase ill Mayor Suarez: Weil, we have It right on the agenda for today to approve the resolution confirming, authorizing the City Clerk to advertise for sealed bids, and begin construction. Dan, what happened on this? Mr. North: Well, they don't want no sidewalks, or anything done In that area whatsoever. On July 10th they were all here with the people that were notified were here. Nov, there are only two of us that got notified now, about this meeting today. Nobody else has been notified In, that area. M'. Carollo: That Is certainly not correct, sir. That Is not correct that you were not notified. You should have been notified. Mir. North: There Is a man... Mir. Cairo I10: 1 an not doubting your word. I an saying that It Is not oorreat on the part of the administration, whanever they are, should have notified you. i believe you Mr. North: Well, I've got a letter, and Mr. Bennett here got a letter, but Mr. Caplow has got 24 units on Dunham Boulevard, I called him and he didn't get any. Mr. Caro 1 1 o: We I 1 , why 13 that so? Mr. North: I don't understand It. He didn't get It the last time elther. Mr. Carollo: Why Is that so? Could scmeone answer that? Mr. Cather: I will try to answer 1t, Commissioner. Mayor Suarez: All right, 1 remamber. Yes, go ahead and explain what took place out there. Mr. Cather: We sent out a I1st, based upon our records, which we get fran the County, as to who owns to the property, and we send It out by reWIar mall to mch registered property owner that we f Ind In that area, and we takes those records off our tax folios, and send out the letters. Mr. Carollo: Is that a Current list, or ... 7 212 Ssptem 11, 11I s" Mr. lather: This is as current as we can obtain, and as you know, the last time we mailed out letters to the say Heights area, Natoma Grove, It turned oxlt that both OcmnissIoner Kennedy and Commissioner P1urtmer and the City Manager did not get the notice. So, we are going to have to either send them out by registered mail, or somethIng to determine how many people are getting these notices, Fuse we prepare than, a form letter, and send It out to each Individual property owner. and what he Is saying is that In this whole area, only three people got the letters! Mr. North: Well. I'm speaking for... Mr. Other: Are you sure that someone Is placing then in the right box to be mailed out? Mr. Cather: Well, you know, once we turn them over to the mall department, I think what we should do Is re -notify everybody In this area to make sure that everybody receives the proper notification. Mr. Carollo: Well, I don't think that we should proceed with this item until everyone should be notified. In fact, I think it would be Illegal If we do. Mr. Cather: Right. Mr. Caro IIo: Is that what you all would IIke, for this to be brought back again? Mr. Cather: I think It Is the only fair thing to do, Is to not I fy al l the property owners over again, and reschedule this public hearing. Mr. North: It was on July 10th, they were all... the people were here, the property owners were here. Mr. Carollo: We want to do what Is right by you. Mr. North: They all voted against It. I don't understand why we have to do It again. Why Is It back on the agenda now, when on July 10th it was voted on nobody wanted It In that area. Mr. Dawkins: Somebody explain to us why these citizens agreed not to have It, and we are going ahead to do It? Mr. North: That's right! Mr. Cather: Well, 1 am sorry sir, but the last public hearing we had on this, we had ballots sent out to each property owner, and we received them back and we reported to you. Nov, these gentlemen allege out of the ones that showed up here, there are three In this area, that they did not receive any other not Ioes, so i feel we should have a public hearing at the 6:00 o'clock time, which was requested, and all the people have a chance to show up. Mr. Carollo: The question Is, In the ballots. were they... a majority In favor, or against? UNIDENTIFIED SPEAKER: The majority were In favor, otherwise we wouldn't have proceeded with It. Mr. DawkIns: We voted not to do It with then. May I make a motion? 1 make a motion that we go back and pull the minutes and have the minutes available at the next meeting and have then cone down and we will go by what the minutes reflect. Mrs. Kennedy: Right, If you don't want It, we don't do It. Mr. Carollo: That Is the only thing we can do, go by the minutes. Ws. Kernr►edy : I ' I I second the; rrot i on . Mr . George Bennett: Would It be proper If 1 c ou 1 d ask sme quest i ons? I on George i r►ett. i have a 16 unit apartment at North 6syshore Drive. 7801. 1 wanted to ask the engineer... we had for the last three weeks, at least the last threw weeks,' crams out there all over the streets. survey l ng this thing., 213 tearer 11. 1ftalft 1, Now, we have a private firm out there, surveying the surveyors! And how does the City afford to do that, without knowing where they are going? That Is beyond me! Mr. Carol to: government by crisis, It Is called. Reber the o I d movies with Abbott and Costello, "Who Is on first, who Is on second?" Well... Mr. Sennett: Right. Mr. Carollo: You are seeing the replays of that. Mr. Sennett: These are real bucks thought Mayor Suarez: OK, we have a motion to defer pending a review of the minutes to determine how the outocme of the last time we considered this came out. So moved and seconded. Any further discussion? Call the roll. (NOTE: AT THIS POINT, CITY CLERK STARTED ROLL CALL, BUT DISCUSSION OONTINUED. SEE MDT I ON HERE I NBELC W ) Mr. North: Does It mean we are going to be notified again? Mayor Suarez: We have to re -notify. Mr. Carollo: Yes, sir, we have to notify you again. Mr. North: Mayor Suarez: Well, now, when you are trying to stop a project such as this. sometimes you do have to cane a lot of times. That Is the best you can do. We are doing the best with 105 Items. Mr. North: Mr. Caplow, across the street from where 1 live has three buildings, 24 units, he has lived there seven years now, he is on that property, he hasn't got the notice at all. I talked with him today. He didn't get nothing. Mr. Carollo: Well. look... Mayor Suarez: OK, well, you know, If you know each other, and sore of you get notices, and for whatever reason don't the property owners sometimes are not the ones that we think they are, you know, make sure you let them know. Mr. North: But seven years, they ought to have... the City ought to have reoordl Mayor Suarez: Well, last time we notified people here In Bay Heights and Natoma , ha l f of the O=n l ss l oners d i dn' t even get the i r not i f l cat l ons, so you know, we do the best we can. Mr. Carol to: Remember, we don't those Ilsts - the County. The same people that gave you MetroraII, and the bus system and everything else, and who knows how old this list might be. Mr. North: All right, so what Is going to happen now? Mr. Caro IIo: What Is going to happen is. you are going to be notified again, and unfortunately, you are going to have to... Mr. North: Yes, everyone In that area? Mr. Caro Iio: Every one In that area. Mayor Suarez: And try to wince us bets now and the next meeting that to fact people were against It, Muse we a Ing to have to look through this minutes, each Cmim1asloner, to reTember. Mr. North: I don't know, pract I ca I l y all of them were here. Tyre Is on 1 y a few of them that did not cme this time. Mayor Suarez: You can do i t by po 1 1 1 ng them, by pat I t I on, by I otter, or by however you want. We are going to look at the minutes, and see. 214 SeptaTbor 11, 11 F Mr. North: They also sent a slip of paper in there that you could vote on It whether you wanted) It or not, b 1 ue pieces of paper, and that was sent In - no.... Everyone, that I talked to In that area. they all voted no for It. Mayor Suarez: Yes, we took a tally of the ones that came In, and how d I d It work oat;? Do you rmymber the f I gures? Mr. Slither: I'm sorry Mr. Mayor..., I don't remember... Mr. Carolio: Can you taring the original ballots the next meeting? Mayor Suarez: We w I I I show you the ballots from... Mrs. Kenny: We will pull the minutes and then act accordingly. I you don't want It, we are not going to do Itl W . North: What was that? Mrs, : We will pull the minutes of last month meeting and bring It back on the 25th . Mr. North: all right, 25th. Mayor Suarez: As of now, we are not approving It. That Is about as close to not approving as... UNIDENTIFIED SPEAKER: There are lots more other streets that do need It. We do not have a problem there, we do not have a problem. Put your money where they need It. Mr. North: On N.E. 78th Street and 10th Avenue Is where they needed It. They have a water problem over there, remember? I don't know If you remarber, but they have a gate there at Dunham Boulevard that wasn't blinking right. Mr. Plummer: Sir, the problem you had Is, sometimes when they fix the problem over there, then you get Itl Mr. North: Well, I don't know, we haven't had any problem over there, Mr. P I simmer. Mr. P i ulmmer : Wait until high tidal Mayor Suarez: All of you on the same street? Mr. North: Right. Mayor Suarez: Can their street be excluded, Don, have you considered that?, Mr. Lather: Can It be excluded? Mayor Suarez: Yes. Mr. Cather: Yes, It could be, but eventually we are going to have a whole street full of potholes and It Is going to cost us roughly four times according to the Aspbalt Institute Just to maintain It. Mayor SLArez: Eventually you could say the whole City 1s going to be full of potholes. depending how long eventually is, but If you would consider excluding their streets, that... The following motion was introduced by Cam IssIoner Dawkins, who moved Its adoption: MOT ION NO. E5-7 43 A MOTION 1 NSTRUCT I NG THE CITY M.AJOGER TO SCHEDULE FOR THE NEXT MEETIN© THE PROPOSED CONSTRICTION OF DAYCREST HI"AY IWi NT - PHASL 11 M-4522 AND TO WTI FY THE NE i G-BORS ; FURTI- ER I NSTRI,lCT 1 NG! THE MANAGER TO INCLUDE THE M I NIJTES OF THE JULY 1 QT14 COWISSION MEET 1 N3 PERTAINING TO THIS 1 SSUE ; FURTHER STAT I M THAT IT IS THE CITY CICIVM I SS I ON' S INTENT TO GO BY WHAT SAID MINUTES REFLECT. Lion being seconded by Ommissloner Kennedy, the motion was passed and adopted by the following vote - AYES: ommissloner Joe Carollo o m11ssioner J. L. Plummer, Jr. V I cs 4ftor M I 1 1 er J. Dawk I ns Mayor Xavier L. Suarez Oomissloner Rosario Kennedy ABSENT: None Mayor Suarez: If It Is a possibility at all to exclude your street fram the Improvements. If the rest of the owners on that particular street don't want these Improvements, i can't see why we should have to build them. UNIDENTIFIED SPEAKER: Well, none of them do In that area! Mayor Suarez: All right, well, poll then, get us... W. Carollo: We will bring It up again. W. William Cross: How about me going around and get a petition up, and get It signed by every property owner... Mayor Suarez: But, we did... according to... Mr. Gross: And i will bring It down here In black and white. Mayor Suarez: Right, but we did according to him, when we polled the entire area of the improvement to get a positive vote, so you might want to exclude your street Just by getting petitions on that street. Mr. Gross: The only thing that Is wrong there is the sewers, when the County took over the sewers, sanitary sewers, they haven't been running the pumps, and it is backing up in some of the houses. Mr. Dawkins: Are we going to hear this next time, or are we going to continue to hear this tonight? Mr. Gross: Well, all you have to Is to... Mr. Dawkins: 1 mean, i agreed sir, that we would bring It back, and 1t Is 9:00 o'clock. I've bow here since 9:00 o'clock this morning. We have got a group of citizens back here who must be heard. We have got... Mr. Gross: This Is taking our fourth or fifth time here. W. ins: I said sir, I am going to look at the minutes, and whatever the minutes, say, I will help you. I don't have the minutes now. Mr. Gross: Don't you think our time costs us? W, Grins: Wall, If you want to settle It now without seeing the minutes, I have no problem with Itl Mr . Gross: 1 say, let's forget alxyut I t . 218 Mr. Dawkins: I don't live over there. The water won't worry me, now. Mr. grass: 78th Road Is one block long, and North 14th Court Is one block Iona. Mr. cIns: We are with yowl Mr. Grass: Why should you dome 1n there and disturb It? Mr. DaiWins: 1 agree with youl Mr. Gross: There Is no water 1n there or nothing. Mr . Daawk l ns : 1 an agreeing with you. Mr. Gross: But, this man here, he... Mr. Dawkins: But, he don't vote. You arguing with him, and he doesn't vote! Mr. Gross: i talked to the surveyors and he said, "I heard that It was sold out, but he sent us out here to survey It" so I don't see why you have to do It. Mr . Daswik l ns: We don't but we.. . Mr. Gross: 1 thought that people had a little right to say their piece and It count in court. Mr. Dawkins: That Is what I am saying, sir. Let me look at the minutes and see what we have agreed on the last time. - Mr. Gross: They change things around. Mr. Bennett: I understand everything that Is said here tonight, but who Is watching the store when these surveys are ordered on these things? Very simple, If a corporation Is doing that, they would be broke tomorrow. You have unlimited funds to spend, so you spend then. Mr. DeewkIns: See, but if It were not for citizens like you, we wouldn't know what happened, so that Is why we are glad you are down here, sir. ss: Mr. Bennett: Wel,i, I am glad I came. 81. APFO I NT M 3 BER TO TI-E BOARD OF TRUSTEES OF THE C 1 TY OF M I AM I FERAL IS OWYEES & SAN I TAT I ON EMPLOYEES RETIREMENT TRUST. ( NOTE : ROSE GOON WAS REAPPOINTED) Mayor Suarez: Very quickly, we have a request from the General Employee's Association for us to appoint a member, or to reappoint Rose Gordon. They couldn't wait until the 25th of... Mr. ins: If they are going to wait, put It down We have got enough, Mayor Suarez: All right, we will watt until the 25th. Any particular reason we couldn't wait on that? Do they have to decide anything? Mr. P charmer : What Is that? Is that for the Rev I s i on Board? I ' I 1 move the Halms of Rose Gordon to the Pension Board. Mayor Suarez: They said they neaded It for God knows what reason. Mr. C'aroIlo-. Second. Mayor Suarez: Mewed and s000nded. Any d I scuss I on? Ca I i the roll on the reappointment of Rosa Gordon 217 t e. The following resolution was Introduced by Ccmnlssloner Plummer, who moved Its adoption: RESOLUTION ND. 88-74 4 A RESOLLITION REAPPOINT 1 N3 A MMVER M TIME WARD OF - TRUSTEES OF THE C 1 Ty OF M I AM I GENERAL EMPLOYEES' AND - ;.z SANITATION EWLOYEES' RETIREMENT TRUST AS PROVIDED FOR 6Y CITY OF M 1 AM I OFiO I NANO No. 10002 ( SECT i ON 40 -227 ) FOR A SPEC I F 1 Eta TERM OF OFFICE. (Here follows body of resolution, anitted here and on file in the Office of the City Clerk.) lion being seconded by CormIssIoner Caro IIo, the resolution was passed and adopted by the following vote - AYES: Cmmissloner Joe Carollo Commissioner J. L. Plummer, Jr. Carm I ss 1 over Rosario Kennedy Vice -Mayor MIIler J. Dawkins . Mayor Xavier L. Suarez NOES: None. - ABSENT: None. 82. ROpUIEST BY CITY RES 1 DENTS TO PLBL I CLY EXPOSE THE REASONS FOR THE DEMOTION OF HIGH RANKIN3 OFFICERS IN THE POLICE DEPARTMENT. Mayor Suarez: All right, go ahead, sir. Mr. Victor Rodriguez: Mr. Mayor and Crnmissloners, my name is Victor Rodriguez. 1 am a resident of the City of Miami. As concerned citizens of the City of Mlaml. we ask that the Commission call for a public hearing to expose the reasons why the high ranking officers have been relieved of their duties and denoted to demeaning positions such as Lieutenant, after years of dedicated service to the eamnunity during Its most turbulent area. without Justification or reason. We do not feel that the manner In which these officers earned their Chief's decision are proper or acknisslble. Furthermore, the Chief has Indicated that he wants to surround himself with people wham are loyal to him. The loyalty of these officers, and the City of Miami have never been doubted, and these of f i cars have been to l d to res I gn, or nooept the r reassignments by to orraa afternoon. We ask that this Ommission ask the Chief to hold this action until the public hearing has taken place. Mayor Suarez: Anyone else want to be heard on this Item? Does anyone else want to be heard on this Iten? Mr . Rodriquez: Mr. Mayor, Comn I ss I oners, I feel that i exemplify a 1 l of the comments that a I 1 of the c i t i zens of the C I ty of M I am I wou l d want to say. Mayor Suarez: OK. can we have a show of hands? - those of you who agree with the position that he has taken. I mean... Olt, very good. ( I NAtID I BI I- BACKGROUND OW4diEritTS ) Mr. Carollo: Mr. Manager, what i think you need to do Is meet with the Individuals that are here, explaln to therm the procedures and policies of the Charter of the City of MIan►I, the constitution that we by lair have to foIIaw. Then after you explain to them. If they want to owe, back for a personal appmrance before th I s Cam I ss I on to express any fee I i ngs they m I ght have; and that I a the r 1 ght of any c I t 1 zen to do, but I wcu I d suggest that you del►► that, and If that Is wit they want to do. let's sche u l e It to the next meeting. Mayor Suarez : If we pet any... assuming that you are not satisfied. as OmnIssioner Caro l l o proposed, If you make a request at least five days In advance, you can hake a personal appearance wd makes an additional statongnt to this Oommisslon. 218 $*Ptwtww 11, 1s" r 'Mr. Carollo: Did you understand what we Just explained? Mayor Suarez: Do you want to approach the mike, sir? Mr. Frank G11: Mr. Mayor and Om mm1ssioners, my name 1s frank Gil, I am a businessman In the City of Miami, and what we are requesting is that the short not I ce g I ven to these of f 1 Bears to make a dec I s I on that w I I I of feet there for the rest of their IIves. After giving years and years of dedication to the City of Muni and the Pollee Department of the City of Miami, we don't feel It Is fair, and If you cold in any way delay the action for the next meeting, or take any action Just to give then more time to do something about It, otherwise they will have to be moved to do scmething by tcmorrcw. Mr. Plummer: Sir, let me give you some news that you don't want to hear. Mr. Gil: Do you understand me because my English is not so good, sir, and I would like for you... Mr. Plummer: OK, let me give you some news that you don't want to hear, sir. There Is a Charter provision, sir, that we, In effect are powerless to act. Now, that sounds bad, but It Is true. As a matter of fact, the Charter goes on to say that any one of us sitting up here, who In any way Interferes with the authority of the Manager, Is subject to removal from office, OK? So, what 1 am saying to you, this Cmmisslon, if It wanted, could hold a public hearing, but we are powerless to act to tell the Manager, "Sir, do this, this and this." That is our Charter. Now, so what 1 aim saying to you Is, the full effect of having a public hearing Is to let you vent, because after the public hearing, we are powerless to tell the AcinInIstratIon to do something contrary to what they have already done. It is construed as Interference, and as such, can be removed from office, so 1 Just want you to know that that Is the Charter. Mr. Carollo: That Is what I want the Manager to have explained to then, that Is why 1 made the statement that 1 did. However, the citizens have the right to express their feelings. Mr. Plummer: No crest i on l Mr. Plummer: And to meet with their elected officials, the Manager, or whomever else In the Administration. Mr. Rodriguez: Mr. Commissloner, we do understand what you are explaining to us, but we feel that after 26 years of service to the carmrunity, that a person In this ranking should not be given one day to make a decision that will affect him the rest of his Iife. We feel that the reasons why he was given this ultimatum should be made public, and that everybody should know why this has came along. That Is the reason we are asking for this public hearing. Mr. Plummer: Sir, I understand what you are saying. Mrs. Kennedy: Mr. Manager, would you like to add something? Mr. Odlo: I an trying to find the wisdom of Soloman and something else. Mr. Plummer: How about the wisdom of OdIo? Mr. Caro IIo: You're gonna creed more than the wIsdcm of Solomon on this onel Mr. PIurmier: Hey, you ain't heard the last of this one. Mr. Odlo: The problem... I have been trying to find the Chief of PoIWe at this moment, and If I can, I will bring him over here. 1 think, If he wishes... you know, if there were any... It Is his actions, 1 have to make it clear on the record, that Clarence Dickson is the Chief of Police. He Informed me yesterday that he has dewIdad to make changem In the PoIIce Isar tsme+nt . S I roe he Is the Chief, and It Is the po 1 icy of this AdmIn1startIon not to Interferes with h I s decIsIons, mouse he is the one that mist dema I on a day to day bass I s w I th h I s top staf f. Now, I f you start do i N that, I am going to stop talking. period. I feel that there Is no way I can I nter ferem with his dec i s i on what staff works for him or not, swtlwdw I , ISO 1:1 7 i� Unidentified Speaker: CcxTmissloners, please. Mr. Odlo: Hemet for... as I understand It, I have been here all day, he met with Chief Mlsahoney and ftred today for over two hours with each. What transpired In that meeting, which was a private meeting, I don't know, so that Is as far as 1 can go with this... Mr. Plummer: Hey, may I inquire... Mr. Odlo:... and I an say I ng to you that... (1 UqD I BLE f A C.1CGO M CaN411 MS R- NOT ON M I CROPF OW ) Mayor Suarez: Wait, wait, we are going to take, for a reasonable period of time sane presentations from you. Mr. P l u►mier : May I ask a quest l on? Mayor Suarez: And you are not even on the agenda and we have agreed to take you out of deference to your group. Commissioner, 1 an sorry. Mr. Plummer: May I ask a question? Mr. Manager, we understand that there were to be major organizational changes, Is what you Informed us yesterday. Mr. Odlo: Yes, sir. Mr. Plummer: Now, at this particular point, as I sit here right now, I don't know, and i don't think any other Commissioners know, to what extent has the organizational change been completed? Is It finished, done, and over? Mr. OdIo: 1 asked the Chief at 6:00 o'clock today when i saw him, what was his status and his plans and his changes, and he told me because he had to cane here, and left the office at four, he had a chance to meet with three officers, and he will continue tomorrow on this process. Mr. Plummer: Do we assume sir, that when it Is completed, you will so notify us as to what those changes are? Mr. Odlo: Yes, sir, as soon as the Chief notifles me what decisions he has made - he is interviewing 29 people - what decisions he has made with his top staff, I will Inform you of that. Mr. Raphael Diaz: Oc mmissioners, Mr. Mayor, my name Is Raphael Diaz, and 1 IIve at 1301 S.W. 1st Street, and what I would Iike to make known is, I would Iike to know as to why you say that If we have a public hearing you are helpless Into making that change... may 1 finish?... with the City Manager because you cannot Interfere, so that gives him ruling power over everything that happens, whether It Is fair or unfair... let me finish... then, the City Manager says he cannot Interfere with what happens at the City of Mimi Police DMartment, because It Is the Chiefs decision. Now, If you have, in this case, as were demoted, according to the news, were Mike Mahoney, Alfredo Bared, and Joe Green, at which time, two, according to... Mayor Suarez: Wait, let me Just clarify one point. You misquoted the City Manager. He may Interfere with what the Chief Is doing, but he has said that his policy Is -not, that Is different. Mr. Diaz: Oh, well, he said he couldn't. Mr. Diaz: OK, well, I stand corrected, then. H13 policy Is to not. Mayor Suarez: H I s policy Is not to Just to clarify the way the Charter works. Mr. D 1 a.z : OK, he says that h I s po I I cy I s to not. so their, I don't undersastamrd ... this system, this syastdm of the U. S . , works under checks and ba 1 saw, and that Is how It should work. Next of all, If you have two assistant ear i eft who haves given to the Departsment 26 years each, and e I 1 of a sudden, Fran one day to the tact, they are not I f led that they hAves to be doicteyd, or rut i red and those are the only options given to then for there i r 220 soptavbw 11. low 6� r record, not having any type of reprimands, anything that would damage their records, 26 years of dedicated service, of which all of a sudden, because the Chief decides that he doesn't want them there, stating on T.V., that he made the clarification that he wants to surround himself with loyal officers, never has the Chief of Police, or these officers made It... that, said that they are not loyal to him. it has never Oeen documented. Who has ever seen that one of his ,assistant chiefs has been unloyal to the Department? They have been dedicated officers, and then from one clay to the next, these organizational changes... Instead of how usually things from work are fran bottom to top, he starts at the tap to bottom, without any not i f I cat I on at all, or any g I ven , reason, lust bemuse of his desire to end scene's career, who ... Mayor Suarez: No, no, that Is Incorrect. Let me Just... Mr. Diaz: Well, excuse me, erase me, wlil, let me... Mayor Suarez: No, sir, let me correct you. Let we correct you on one point. Unlike most systems In the world, the one In the City of Miami gives a particular amount of protection to the officer by not permitting that he be danoted any lower than the highest classified position that he held through the Civil Service system, so that... Mr. Diaz: Correct. Mayor Suarez:... Is a system that contains a great safeguard to the individual and to his career, so you are... Mr. Diaz: Correct, Mr. Mayor, except when those individuals have served under staff in appointed positions for 10 years of those last years that they have been on the force, 10 out of 26, those last being 10, to be asked to go back to their Civil Service ranking positions, as you say, after showing that they have acquired a knowledge to run the Department, which the Department has seen fit to give then all of the different types of training, which the City of Miami Police Department gives these people training - F.B.I. training, riot oontroI training, and all of a sudden, new people are supposed to be brought In, without that training, or without that knowledge, or without those 26 years of experience, to replace these Individuals which have dedicated themselves, because the Pollee Chief's whim Is to surround himself with loyal officers without proving that these officers have been disloyal? What explanation Is there for that? Mayor Suarez: Please, let me say one other thing that has to do with the way this has come to the attention of the general public and samethIng definitely went wrong in terms of how It was leaked to the press yesterday. Mr. Plummer: That Is a mild understatement. Mrs. Kennedy: 1 found out when I watched the T.V. Mayor Suarez: And there Is no doubt that that Is an unfair thing to happen to scone. to see on Channel 4, 1 believe It was, that he has been denpted before the person has even been advised of that. I can guarantee you that was not the Chief's intention, and sanething wrong was done In that. You know, i think all of this Commission is very Interested In finding out how this took place, but that I not the way it should have been done, I w I I I admit that much to you. Mr. Diaz: Well, that 1s not the only... .1 accept your clarification that It shouldn't have been done that way, and good, I hope the Ommisslon... Mayor Suarez: it Is really an apology more than a clarification. Mr. Diaz: Well, 1 accept your apology. but I hope the Commission looks Into It. but the Issue was not accepting an apology, the issue was that the Commission take Into account, at least that the Police Department give a justification as to why thestie ranking officials are being demoted. For what reason?... because he wants to surround himself with loyalty? Again, the question of loyalty. Mayor Suarez: OK. that Is the same cluestion you posed before. As suggested by CormIssiover CaroIIo, my suggestion Is you met with the City I&nager. You are a 1 so we I come to meet with myself privately, and I will 6 l ve you my cm 221 a r" f ISO opinion., but we cannot Interfere with the actions of the City Manager, or the Police Chief. Mr. Diaz: So then, they do whatever they like. Mayor S rez: Well, they do whatever they like up to the point that we decide to change the City Manager. (APPLAUSE) Mr. Diaz: Well then, when... Mayor Suarez: Please, don't get me wrong, I am not Implying that we have any such intentions. Anyone else want to make a statepent? Mr. Diaz: OK, excuse me, to the City Manager, then how Is that you do not check the procedures from this point on? Mayor Suarez: Sir, 1 ern going to have to stop you at this point. You can go ahead and discuss that with him privately, and I think he has assured you that he would be happy to fret with you. Mr. Diaz: Well, privately should be public, because the citizens are the ones that are concerned. Mayor Suarez: Well, we may very well schedule this If you request to be on the agenda, but it is 9:18 p.m., and we have been here since 9:00 o'clock In the morning. you have had your say. Anyone else want to say anything? Mr. Diaz: Yes, but these officer's careers have ended! Mayor Suarez: You have said that. How many times do you want to say that? OK. sir. you have spoken already. Do you want to make another point? Mr. G1.1: A snail one. please. Mr. Plumper. when you told me that you don't have the authority to do anything. 1 wanted to make a point on that. That is, Chief of Police In MIamI, they cone and they go, and City Managers, they do that, but, even... and I am sorry all of you do that too, because you are under election almost every so often, but when a person dedicates his life for twenty sane years to the Police Department, and they do this to any one Of then. where are you going to find the people who want to do this for years to come? ... and do It with Integrity, and do It with devot I on to the C 1 ty of Miami, and you are right, and you don't have the authority to do It, but maybe you should find a way to have the authority to do It, maybe not on this case, because'It Is too late. but this shouldn't happen here. It Is like the slogan we have now for the City of Miami. There Is different rules In Miami that I don't IIke, by the way, but the rules In MIanI shouldn't be any different than any place else in the United States. Thank you. sir. Mayor Suarez: Go ahead. %t Mr. Ernesto Montaner: My name Is Ernesto Montaner, and this Is the first time a have ever been In 27 years In any kind of public act. I am not a politician, or anything like that, and 1'd like to address this to Mr. Cesar OdIo, and I th1r* that decisions In a rush always tend to hurt the ownun1ty. In this case, I think this doe IsIon, unless there Is an unknown reason for ail of us here, I think 1t Is up to you, maybe, to talk to Chief. Dicksm and discuss to see whether his reasons to making this decision, and maybe based on what he to 11 s you, you can make an I me I 1 lgent decision and decI de which Is your position. i man, we are addressing this to OmmIssIon, and actually should be addressed to you, not to there, you are the boss. Mayor Suarez: You are going to have that oppor tun 1 ty . He has 1 nd i cated he will be happy to tit. Thank you for your statement, Mr . Montaner. Mr. Diaz: A second please. I would request a personal appearance on behalf of this hole grog to... Mayor Suarez: YOU can do so In wrItIng. Mr- Diaz-.-.. to the OMMISSIon on the 25th . that row. so that we... 0 1 would like you to acknowledge a' ,i Y septa 1 i , i Mayor Suarez: No, no. Go ahead and do It in writing. That Is what the procedures prescribe. You can write on a plece of paper right now If you want, and give I to my offIcae, or to the City Manager's office. Mr. Carol 1 o : Mr. Ifanager, , w I I I there be any problem? Mr. Dawkins: No, we're gonna hear him, no problem. Mr. Diaz: That we would like a request? Thank you very much. Mayor Suarez: OK. last statement. State your nerve please, and your address. Mrs. Jul le Suarez-ftrgos: I live at 200 S.W. SOth Road. if we vote for you, we don't vote for the.... ((APPLAUSE)... the City Manager Is appointed. He Is not voted for. Why don't we deal with who we elect to be our representatives. Why do we have to Apo through the City Manager? Mayor Suarez: You nay. You may deal with any one of us. We are Just telling you what our powers are. Mrs. Julie Suarez-13urgos : Thank you. Mayor Suarez: Sae of us have to run every four years. Some of us, like myself, have to run every two years, so... Mr. Carollo: I think that the request that they have made was a personal appearance on the 25th. 1 think that would end this, if we do that. Mayor Suarez: We would be happy to hear from you on the 25th. Mr. Plumper: You better have It In the Orange Bowl. Mr. Carollo: Would that be all right, Mr. Manager? Mayor Suarez: Just put In writing to comply with the requirements. Mr. Rodriguez: 1 would Just like to thank the 0m7n1991on and the Mayor for allowing us to speak. Mayor Suarez: Thank you for caning. 1 personally will be happy to meet with YOU The following resolution was Introduced by Crnmissioner Dawkins, who moved Its adoption: RESOLUTION N:) . 86--745 A RESOLUTION ACCEPT 1 NG THE BID OF T OX I Y TESTING SERVICE FOR FURNISHING LABORATORY SERVICES TAD THE DEPARTMENT OF PERSONNEL M 1VNGI5VNT ON A CONTRACT BAS I S FOR ONE (1) YEAR RENEWABLE NI"LLY AT A TOTAL. PIIQPOSED F i RST YEAR COST OF $60, 000.00; ALLOCAT 1 PIG FUNDS THEREFOR FROM THE 1986-87 OPERATING BUDGET; AUTHOR I Z I NG THE C 1 TY MANAGER TO INSTRUCT THE Chi I EF 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 Co missloner Plumper, the resolution was passed and adopted by the following vote - AYES: Ommissloner Joe Carollo Ommissloner J. L. Plummer, Jr. Commissloner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Pone. 84. AUTHORIZE EXECUTION OF AGREEMENT WITH THE CITY'S CABLE TELEVISION LICENSEE. Mayor Suarez: Item 103, cable television agreement. -_ Mrs. Dougherty: Mr. Mayor and Ou m i ss l omers, this Is a recommendation to settle an ongoing dispute that the cable ocmpany has had with the City ever since Its Inception of the contract. There Is a pending acwlsltlon of the entire system, and the City Attorney and the administration recanmend that we resolve all outstanding Issues an the following basis: (1) That the City would rwelve the INET system, which Is the Institutional system, and In return it would be giving up Its three percent, but we would be retaining the Interest on the three percent that we had received In the past and In return for that, we would get the IPET system which the administration feels at this time, Is valuable to the City, both for marketing of carvtrercIaI uses, as well as what the City oould use It for Itself. There would be no more drug money being given to the City, drug enforcement money. The FOC has In another case found that to be Invalid. So, therefore, we are recarmend Ing It be d I scont I nued, but at the same time, we are keeping the money that has already been given to us, either keeping the money that has been given to us already, or crediting the money that was awned to us an 1t. The money that was already prepaid, they would be given interest on the prepaid money, for the franchise fees, but at the same time, we wou I d be crediting therm In the future on the f ranch i se fees that would be paid, or due and awing. There would be no penalties that would be assessaid In the past, so long as we, at this time, resolve all of the crossover 1 swift. Th I s I s a I I sub fact to both a f I nand I a I and a management audit to be conducted! by October 2nd, and In connection with that, we are asking for your authorization to hire an Independent contractor that could do this In the next three weeks. Mr. Dmrvk I ns : Madam City Attorney, that same one, number 11, I've got a prob I em with I t , and It says: "This agreenent shall not b6oarie eef feet i ve unt i 1 the pr I or f I nand I a I and manant aLud I t of Cab I env I s I on has been per formed by an I ent oonsuItant.0... right, then It goes " says that HeAblo tee l eev i s l darn shall cooperate fully during the per fortrance of the wA l t . " ghat happens... but, no where In here do we make th Is a two way street. Plat, we are not saying that If someth I ng cares up to cab I e television's advantage, 224 x� that It has the smn rights and privileges as we have. How do we put that In here? Mrs. Dougherty: In other words, If, within the next three weeks, they find something that mares the system more ILr--ratIve, they can back out of the deal? Mr. Dvmi k i ns : No, W en . OK, I w I I I read 1 t . Maybe I am not understand I ng It. it says: "This agreement shall not beccme effective until the prior financial and management audit of Cablevison has been performed by an Independent consultant. The result thereof shall be reported to and found to be acceptable and In conformity with accepted accountant and management principles and standards by the City Manager not later than October 3rd. Cablevislon shall cooperate fully during the performance of the audit, and make available for Inspection ail books, records, and other materials related to the operation of the cable television system." In my opinion, this Is one sided. I mean, If we are going to say to him, that you know, we want an audit, and we want you to do this, and we want you to do that, then In the event that something comes up wrong, somewhere In here it should say that this Individual has a right to make these demands on the City. I mean, am I making myself clear? Mrs. Dougherty: I am sorry, I am not following you. Mr. Dawkins: Let me —Jesse MoCrary..Will you explain legally what I am trying to tell them? Mr. Dawkins: No, sir, tell then what the hell 1 want you to tell me. Now, explain this tome like I want It explained tome, will you please? Mr. Jesse McCrary, Jr. Mr. Mayor and members of the Commission, my name Is Jesse McCrary. Mr. Dawkins: Have you signed as a lobbyist? Mr. McCrary: Yes, sir. signed, notarized and filed. Mr. Dawkins: All right, sir. Go right, ahead, sir. Mr. McCrary: Madam City Attorney, what I think the Oomnissioner is saying is, that on the one rand, the Cab i e Te 1 ev I s i on Is not ab 1 e to back out of this deal, even If there Is something favorable found In their favor two weeks from now. Mrs. Dougherty: We will put that In. If they In the next three weeks ` they want to back out, fine. Mr. McCrary: But. that the City could, If It wanted to. Mrs. Dougherty: Welt, the Cable Company can too, we w I I I put that 1n. Mr. Dawkins: That is all. See how long it took you to do that? Mr. McCrary: Yes, sir, I'm... Mr. Dawkins: Thank you. sir. Mayor Suarez: Jesse, do you always understand? Mr. McCrary: No, sir! Mayor Suarez: I will let you take the Chair some of the time! Mr. Daw k I ns : C K, that I s a I i I wanted Luc 1 a. That I s the on l y thing I .was planning on. MayorSuarez: Are both sides satisfied? Mr. P lurrmer : No, I've got to ask him a question, because, you know, I have never professed to be an expert. Mr. Manager, I am assun i ng that you have Gone over and around and through the suggested Changer. I have to ask ycsu 0n , 2S September 11, 1 - .,K...us...,a,.�.. - ._.,..._fir ,....._.. -..... the record, with you and your Staff who you speak for, do you feel that this document before us- Ia In the best Interest of the City? Mr. OdIo.- Yes, air. Mr. Plug : And you so reco mend . Mr. Cdio: Yes, sir, Mr. Plummier: Madam City Attorney, the setts question of you. Mrs. Dougherty: Yes, sir. Mr. plum -or: And you so recam end . Mrs. Dougherty: Yes, sir. Mr. Plummer: Thank you. Mayor Suarez: I am glad you asked. Cc missloner Plummer, because same of these agreements, there Is no possible way for us to really go Iten by Item to try to figure out If they are proper and If they are In the best Interest of the City and we have to take the reoarmmendatIons of our staff. Mr. INW Ins: So moved. Mrs. Dougherty: Comtissloner Dawkins, for your Information, there will be another sentence added at the end of Section 11 that will permit the Cable Oonpany to also nullify this contract until October 3rd. Mr. Dawkins: OK, thank you, that is all. Mrs. Kennedy: Second. Mayor Suarez: OK, Stan, you are really going to do this? Mr. Stanley Price: Mr. Mayor, 1 must need clarification. Let me say ;x Initially, my name Is Stanley Price, the law firm of Fine, Jacobson, 2401 Douglas Road. "aI Mayor Suarez: You had filed your little... Mr. Price: I have filed my application. yes sir, my oomplax forms. Mayor Suarez:... lobbying certification, or registration, or whatever. Mr. Price: Initially, 1 would like to thank the Manager's office, and the City Attorneys off lee. We have been negotiating for six, seven months, and many times the negotiations had broken dawn, and we were able to revise them. All i want is same clarification In paragraph 11, Is what is meant by a management audit. Mayor Suarez: Management. Mr. Price: What Is meant by a management auditl I am trying toldefine-that term. Mrs,Dougherty: 1 will have to ask they administration. Ms. Pauline Winick: I think for the most part, what we were trying to do Is to protect the City as much as possible, and while we all agreed on the financial asowt, what we wanted) to take a look at was the operations to see what we were buying was operationally functional, whether It was goad marketing. I will be honest at this point and tell you that we may have to restrict those areas because I don't know that we can do a proper management audit In the three weeks that we have agreed upon, but It Is an operat lone l audit, as opposed to Just a,financial audit. We. y: Does that satisfy you? Mr. Price: Well, In thew agreierent, the City has provided for themelves that the IN ET system must be proof, wh 1 ch means, It moat be fully operational eund J �� 2 meet the satisfaction of the City. In addition, there Is a provision In there for fIneas, which we must comply with al procedural aspects to bring our system up to snuff, otherwise, we would be subjected to the same fine situation, so what the management system is management audit Is, Is Just a repeat of things covered In the contract. We have problems giving an f i nanc i a i audit, we will prov I de all books and records, but to leave a management audit where It Is an open -ended question...` Mr. mains: CK, new, let me say scwething. I thought you all had an agreement, OK? Now, my only concern was that he have the same rights to ®amplain. Now, if there Is anymore argument about what management means, and you didn't do It before you got here, then i move that we throw this out, and you all can forget it. I mean that, OK? Mr. Prig: OK, sir. Mr. Dawkins: You were supposed to have had an agreement, and all those things you didn't understand, you should have asked them before you got here, OK? So, let's don't start nit picking because I opened It up that everybody should oome across square, OK? Mr. Price: We accept the agreement, sir. Mayor Suarez: You will work out what a management audit Is later, right? OK, call the roll. The following resolution was Introduced by Commissioner Dawkins, who moved Its adoption: RESOLUTION M. 86-746 A REWLUT ION AUTHOR I Z I N3 THE C 1 TY MANAGER M EXECUTE 777777777 85. SCHEDLLE PI UL I C HEAR I NCB IN CONNECTION WITH PROPQSED MANOR H I "AY IMPR hMMIE iT PHASE IV 3i =4 T� I W. Dawkins: Came up. Mr. Cather on agenda Iten 105, please, 91r. All right, on the Manor Park thing, what do we have, Mr. Cather? Mir. Cather: We had the pub IIc hearing that you requested on Manor, and we were requested once more to cane back and have a public hearing for the confirmation of this project, which has been ordered. The ordering resolution, this Is a confirmation of the ordering resolution, which we passed In July. MM. Dawkins: All right now, my neighbors are here because of what, now? Mr. Wheeler Bivins: About this confirmation. Mayor Suarez: OK, give us your name and address and tell us hoN you feel about this project. streets improved, but they do not went the planners to come 1n the middle of the street, or what have you. They lust want streets Improvedsidewalks put In and a gutter. Is that what you are saying too?... or are you saying you don't want nothing done? _ Ma. L : Well, I don't want no... Mr. Blvins: For 24 years It has been all right with me like It Is. Ms. Lee: Those trees we have out there now... Mr. Blvins: I've had no problem. Ms. Lee: ... It's a barrier when we have the storms and things, that helps to save the property, but If you remove all those trees, we won't have anything. Mr. Dawkins: Where are the trees. In the middle...? We are working the middle of the street. Ms. Lee: We 1 I , why are we here, If you are working In the m i dd I e of the street I don't have no need to be herel Mr. Hawkins: No, no, we are In the middle of the streets. We are not bothering nothing else but the street. Ms. Lee: You are not bothering the easeament? Mr. Blvins: What, they want to widen the streets and cut down trees... Mayor Suarez: That Is a good question, wait a minutel Why does the street have to be widened? Mr. Cather: Well, we usually widen it to a minimun of 22 feet, which Is two lanes. Mayor Suarez: Why do we usually widen to a minimum of 22 feet? Mr. Lather: So that two cars can pass safely. Mayor Suarez: And two cars have been passing safely there for the last.twenty years? Ms. Lee: That Is rIghtI Mr. Blvins: Twenty years I've been there, and nothing has happened In my neighborhood. Mayor Suarez: Don, you know, this Isn't enough of an explanation. 1 an not going to vote for this Item until I an convinced that those streets need to be widened, and you know, this Is the same situation we have every case In the City. You know, we want to have these Improvements, the people don't want than. This Is the craziest thing In the world. Mr. Blvins: Excuse me. Its six widd woman Iive In my block. What are we Supposed to... Mayor Suarez: If the widening didn't take place, If It were lust repaving, • and whatever else has to be clone. would you be satisfied? Ms. Lee: Now, what did you say? Mayor Suarez: If there was no widening of the streets, but Just fixing up the streets. Improving the pavement... Ms. Lee: Wei I , I have no qualm about whatever they want to do to the street, but I don't rant... Mayor. Suarez: let wide Is the street, approx Imwte I y, do you have any Idea? Ms. Lee: Well. two cars pass easily. x Mayor Suarez: I mean, we haven't had all kindldents, where people C n*t Just sort of go through a street tWO COrs Rt a time In Miami, that I know of, unless they are speeding, which is a w le different problem. I've aver seen one, unless It Is a City vehicle. Ma. Lee: And also they put Omn water plpes 1n '776. 1976, 1t was, I don't see Why they need to tear up the area to put 10 pipes, because they put down pipes In 176. Mayor Suarez: Was some sewer I ng done there In 19787 W. Cather: I don't know, I wasn't here, sir, tut C mnIssIover Kennedy, for esca Ie, rode out and saw Manor 1, 11 and III Inproverents, and then saw the difference In the streets and what Is your opinion? Do you think those streets are better, or worse, or...? Mrs. Kennedy: No, defInItoIy, It Is a big Imp t, and you really don't realize It unless you go there physically end See It. It is a difference to me, the difference of night and dayl Mr. Cather: Did the Mayor hear you say that? Mayor Suarez: Well, the thing that concerns me is V e w i den i ng of the street. 1 mean, un l ess there I s a good reason for I t . What i s the sma l l est that we Can be by State law?... the narrowest. Mr. Cather: I've never checked that? The narrowest, I couldn't Imagine what the narrowest would be. The minimum right -of width Is SO feet, except In very strange circumstances. We do have a lot of tg foot pavement around, but ym know, the edges collapse, and you get cars parked on It. Just go out and look. Just go out and lookl (Mayor Suarez: My staff member went out there, wN generally felt that the kWovements were needed. 1 an Just wondering about the specific Issue of widening the streets when that Is not nOOSSsary. I don't see... because when you widen streets, you eat up Into the parkways, which sometimes have trees and are planted and nice, and neighbors like the a" they look, and you change the character of the neighborhood, that's... Ms. Lee: That's right. There Is nothing wrolwith the streets out there. We have plenty of space. Two cars can easily ge about. We don't have no problem with the streets, they were Just repalrrtd about six years ago, that they, you know, they repaired all the holes and broken places In the street, so l don't see no sense In keep tearing the streets up. Mayor Suarez: It may be true that your street, ~ particular street Is In much better shape_ than some of the other ones, that happens too. In fact, It hid In the case before yours. Apparently low people didn't want the Improvements to their streets. Ms. Lee: Right, so can that happen In our ease? If we don't want it. Mayor Suarez: The case right before you, there a tree residents from one street that claimed that there was no flooding In their particular street, even though there may have been sane In the othlMe" streets. In the surrounding area. Mr. Cather: I might point out too, ter. Mayor, that all three of those gentlemen that were here before, are eighteen totwenty-four unit apartments owners who will lose park I ng p l ace:s . Lira. Kennedy : You real I I y have to go and am I t. Nis. McF'ar I ey : We i I, w I I 1 there be another meet Ina an th I s? Mayor Suarez: We 11. we don't knCW yet. It depends con how the vote cmm Wt. it could be aWroved and then, that would be It. Ms. WF'ar Iey: We' I 1 See what they W. Ws. Dougherty: We voted on the agrearient on the cable television. but I have to rend the ord i nasnce to you. and we have to gat a motion and a second on that. "�septoriber 11. low Mayor &jarea: CK. "if. let's get this Issue resolved very Quickly here. What are to goIno tO 007 Mrs. ,r: C"MWW for all. Meyor Suare2t to tie Caml as lon's pleasure on this? Dawkins, are you going to give kj Itlitt on this? Mr. Ins: Wat eta they say? They said they didn't want It? Mayor rt : How et too... you are on 48th? .. . Mr. Dgwklns: No, I'm In 50th. We're all In the same neighborhood. Mayor Suarez: h? close to your street is their street? Mr. B I v I ns: i OXe don I know that... Mr. Dawkins: What 1 am Ing, Mr. Mayor, 1s that again. let's have a public hearing at All Wattah. and let's do It at a time, when they say; let's get the not lees out and new another hearing at AIIapattah and actually see where we are, and who wants It. and who don't want It. That 1s the only thing I can see to do. Mr . Maymor. Mayor Suarez: We could have a town hall meeting out there. Mr. Dawk i ns: 1 mom that we have another meet i ng at A I I apattah, to get the feeling of the citizens. Mr. Caro IIo: Yes, butt the way we should have this meeting, if we are going to have 1t outside again, 1t should be done, as a regular Oommlsslon meeting, we will go over there for pert of the day, but not, you know, way late at night, that you go one plain for an hour, and then you Jump to another place half a mlle down for arm~ hour, that Is crazy. If we are going to go Into a neighborhood, let's to there with ample time, so that the citizens can really talk to us, and we Can ccmmnicate with then. MS. Lee: Tharic you Very OU :h . Ms. McFarIey: Thank you very much. Mayor Suarez: OK, so 1 gather the mot l on i s . to defer, pend l ng a hearing In the neighborhood. a sort of hearing. either tam ha I I :meet I ng, or regular Comnlsslon session. spacial session. Is that the motion, Oomnissloner? Mr. Dawkins: Yes. Mayor Suarez: Do we l a second for that? Mrs. Kennedy: Yes. Mayor Suarez: and seconded. Any further discussion? Call the roll. The fo I I aw I re w t I an was I ntroduced by O mn l as I oner Dawk i ns, who moved Its adoption: MDT ION ND . 86-747 , A WT 16P1 D 1 FiECT I NG THE AI M I N I STRAT 1 ON TO SO*tXA.E A PLML IC OWM I N 3 IN THE ALLAPATTAH AREA TO ALL C W THE CITY MWISSION TO HAVE Ti-E NE I ' INPUT AND OPINKM IN OMT=ICN IW I TH THE PPCPOSED MXCR H 1 GVAY IMPFtANFFMM PKASE I V . Upon beInq secortcleid by OmmIas1oner Kennedy, the mot Ion was passed and aodopted by the following vote- 231 Mrs. Dougherty- CK, Mr. Mayor, could I get a motion and a second to read the cable ordinance. as well as approving the authorization for the City Manager to hire the consultant to do the management and financial audit. Mr. Kennedy: Dawkins moved and 1 seconded It. Mrs. Dougherty: Oh, 1 didn't hear, I am sorry. AN EMEFMNCY ORD I NAME AMEND 1 NG THE C I TY OF M I AM 1 CABLE TELEVISION LICENSE ORDINANCE ND. 9332 BY - PROVIDIN3 FOR THE DELETION OF CERTAIN PROVISIONS IN SECTION 204(I) DEALING WITH THE FORFEITURE OF THE CABLE LICENSEE'S SEC UR I TY FUND IN THE EVENT OF TRANSFER, SALE OR ASSIGNMENT WITHIN FIVE (6) YEARS OF THE EFFECTIVE DATE OF ORDINANCE NO. 9332; FURTHER i� AMEND I NG SECTION 405 (a) DEAL I ND WITH ANNUAL CONTRIBUTIONS FOR CABLE ACCESS SERVICES BY ADDING A y NEW PROVISION FOR A TERMINATION DATE AND DELETING THE PROVISIONS REpU I R 1 N3 DIRECT FINANCIAL SUPPORT OF THE =`> OONf4JNlTY ACCESS CORPORATION; FURTHER AMENDING SECTION 406 BY DELET 1 NG THE PROW I S IONS FOR FURTHER ANNUAL CONTR I BUT I ONS PAYABLE TO THE C 1 TY IN THE AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ($200.000.00) TO BE USED IN COMECT I ON WITH DRU G1 ENFORCEMENT PROGRAINM I N3 AND AMIN3 A NEW PROVISION FOR A CREDIT OF, PAYMENTS THROUGH A DATE CERTAIN; FURTHER PROVIDING FOR THE AM MOMENT OF SECTION 1001 DEALING WITH THE SECURITY FUND BY ADDING A NEW PROVISION FOR THE RELEASE OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) FROM THE SECURITY FUND TO THE CABLE LICENSEE UPON SUBSTANTIAL CONIPLETION OF CONSTRUCTION; CONTAININ3 A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was Introduced by Ommisslover Dawkins and seconded by Commissloner 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.: Ca m i ss i over Joe Carol l o Corm I ss I oner J . L . P I umner , Jr. Ocmnissloner Rosario Kennedy Vice -Mayor Miller J. D&* ins Mayor Xavier L. Suarez - NOES: None. ABSENT: Nam. Whereupon the: O mm I ss I on on mat I on of Oommi e* I over Doarwk i ns and eawnded by Ca m I es i over Kennedy, adopter! sa I d ordinance by the fo l I ow I ng vote- G e7. i IGMTE EXPANSION AND REN3VAT I ON OF COOONIUT GF VE EXHIBITION CENTER As A CA"0" PRDJECT . «1 Mayor Suarez: 0=n I ss l oner P I um mr . you wanted to hear agenda I ten 817 - on k the 01nner key Exhibition HaII and the c=Ittee that we are cresting? Do you want to resolve that? What are we doing on 817 What are you roommending? Mr. John Gilchrist: This Is to start the selection of the architect for the Dinner Key Auditorium. We would IIke to start on that process. It Is establishing category (b)... F n.• W. Qdlo: It Is a resolution. Mr. Gilchrist: It Is a canpetltive... We. Kennedy: Son%wW. fr_ y 'Y � y Fr W. Gilchrist: Thank you. Ma'am. rstY Mr. Olio: This Is to start off. Once the money is in place, we cone bade to you with a design and the bids and al of that. That doesn't mean we are going to start build... ,Vc. Mr. Gilchrist: We can stop It at any point. We have to select the architect b~e we negotiate an agreement. so... <; Mr . Earls: That 19 the process we have to fo 1 I ow I n order get the se I ect i on ;- , F:y and br i fng It back to you. ' t Mayor Suarez: Are you pretty sure we are In agreement on the concept of what we're banns put there, that we should be an selecting architect? ,r Mr. Odlo. Yes and no. iiWW Suarez: ! num, i have heard about putting a hotel. 1 have heard about you know, not do I ng anything there. do I ng It In same other part of tovn, - 1 " didn't have the $10,000.000 until... Mr. Ocllo: It Is not going to cost us anything, so... Milyor cam: Selecting an architect won't east us anything? Mr. Odic: At the t... Mayor : Is there a free architect? Mr. GI Ichr I at: No. but 1 t take about a month before you gent to the po I nt of se l sot i rG. so we wanted to start that, you know. Mrs. Hof shouser : We 11. I f I cou 1 d oawftnt, I was an that co m i t tee. we have cart anc e. Marty Tra i rer . and Larry Port and I met with Tony In h i s 171;9F3 steer 11 � 1i office and 1 think It Is... In the first place, although It Is says In the backup material that those five of us us on that co mIttee w I I I be part of the process, It doesn't spell It out the resolution, and with ail due respect to the two of you who are seated, who are... I an not speaking to you all, but for the three that Are a I ready here, you w I I I know that I have learned the hard way that If It Is not In the resolution, It is not enforceable. Mr. Odlo: Just for the sake of argument, we do not Intend to do anything 1n the auditorium that does not meet the criteria of the hotel Industry and everybody concerned, so 1t Is not... Mayor Suarez: Well, she Just wants the clarification on the camnittee. It Is the same caTmittee with the sam names that we have appointed before, right? Mr. Odlo: Yes, sir. Mrs. Holshouser: Is there a problem with the motion reading that, Mr. Odlo? Mr. Odlo: Five, Just... Mayor Suarez: OK, we will now build that Into the motion. Mr. Odlo: Please, i have no problem with whatever... Mayor Suarez: Thank you! Let the motion reflect on Item 81 that this Is the cCM mlttee that has been selected, with the five members In question. Mr . Plummer : Who are the f 1 ve members? Mr. Eads: Larry Pert. Mr. Plummer: Yes, that was my appointment, yes. Mr. Carollo: OK, call the question. Mrs. HDlshouser: Skip Shepperd, Monty Trainer, the Reverend Nlbbon... Mayor Suarez: Just verifying who the members are so we don't have any problem. OK, call the roll before we lose our quorum. Ms. Hirai: Commissioner Kennedy moved, I need a second, Mr. Mayor. Mrs. Kennedy: We didn't get a second. Mr. Plummer: You know, I want to tell you samething, Mr. Odlo, the acoustics In here are horrible. Mr. Odlo: Sir, you do not allow me to spend any money for... Mr. Plummer: Oh, no, don't give me that crap! Mr. Dawkins: Mr. Carolio: OK, can we call the question? Mayor Suarez: Yes, wait, she Is trying to... ( I NALID 18LE BACKGROLM ) Mr. Caro IIo: Gentlemen, 1 arm going hare. Mayor Suarez: Please call the roil. 1 The following resolution was Introduced by Camnlssloner Kennedy, who M-N,.V ! Its admit ►ors: RESOLUTION ION ND. 86--748 A RESOLUTION DES I t T I NG AS A CATEGORY "B" PROJECT, THE EXPANS i ON AID RENOVATION OF 714E COCONUT GROVE EXHIBITION CENTER; AUTHORIZING 1K CITY MANAGER TO ADVERTISE FOR THE ACQUISITION OF PROFESSIONAL PLANV I NG AND DESIGN SERVICES. APPO 1 NT I NG A C ERT I F I CAT ION COMMITTEE CF NDT LESS THAN THREE (3) WMERS AND APPOINTING JACK EADS, ASSISTANT CITY MANAGER, AS CHAIRMAN OF THE CCWET1TIVE SELECTION O"1TTEE, 1N AOCORDANCE WITH ORDINANCE ND. 9572, ADOPTED FEBRUARY 10, 1983, WHICH ORDINANCE ESTABLISHED PROCEDURES FOR STING SUCH PROFESSIONAL SERVICES AND ALSO ESTABL. I SHED CC WET i T 1 VE NEGOT i AT 1 ON REQU I RD ENTS WITH REGARD 70 THE FURNISHING OF SUCH SERVICES. (Here follows body of resolution, emitted Mere and on CI'L'�Y OF IM-AMI nnf%_ i i u r N,,T MRSTING DATN SEPTEMBER 11, 1986 L►.l �lrl�7 DDCMff IDWIFICATION CLOSURE OF STREET; TO THROUGH VEHICULAR TRAFFICS IN CONNECTION WITH 1986 MIAMI INTERNATIONAL BOOK FAIR TO BE CONDUCTED BY MIAMI BOOK FAIR INTERNATIONAL, INC. AUTHORIZE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO FRIENDS OF WLRN, INC. TO CONSTRUCT A COAXIAL CABLE INTERCONNECTION FOR DADE COUNTY PUBLIC SCHOOLS. AUTHORIZE CITY MANAGER TO PURCHASE TWO HUNDRED SEASON TICKETS ($16, 600.) FOR 1986 UNIVERSITY OF MIAMI HOME FOOTBALL GAMES FOR UNDERPRIVILEGED. ALLOCATE $250,000. TO ESTABLISH A FORFEITURE FUND DETAIL AND COVER NECESSARY EXPENSES RELATING TO THE OPERATION OF FORFEITURE FUND AND CRIME SUPPRESSION BY MIAMI POLICE DEPARTMENT. ACCEPT THE COMPLETE WORK OF M. VILA & AS- SOCIATES, INC. AT A TOTAL COST OF $50,367.50 FOR VIRGINIA KEY REDEVELOPMENT - GATEHOUSE MEDIAN; ETC...... ACCEPT THE COMPLETE WORK OF M. VILA & AS- SOCIATES, INC. FOR VIRGINIA KEY REDEVELOP- MENT - PARKING AREAS;ETC... ACCEPT THE COMPLETE WORK OF MARKS BROTHERS COMPANY AT A TOTAL COST OF $96,400. FOR DREDGING -SLIP 3 OLD PORT OF MIAMI (CONTRACT "B"); ETC.... ACCEPT THE COMPLETE WORK OF MIRI CONSTRUCTION INC. AT A TOTAL COST OF $107,877.12 FOR SILVER BLUFF STORM SEWER PROJECT - BID "C"; ETC........ ACCEPT THE COMPLETE WORK OF MAN -CON, INC. AT A TOTAL COST OF $169,407. FOR CITY- WIDE SANITARY SEWER REPLACEMENT PROJECT - NORTH RIVER DRIVE. AND 86-662 86-663 86-664 86-665 86-666 86-667 86-668 86-669 86-670 1 WCtbONi 3DENTiMATION ACCEPT THE PLAT ENTITLED B. G. B. SUBDIVI- SION; ETC..... ACCEPT TWENTY NINE (29) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVE THE RE- CORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. ALLOCATE $50,000.; $25,000. IN SUPPORT OF 1986 MIAMI CONFERENCE ON THE CARIBBEAN AND $25,000. IN SUPPORT OF THE MARITIME TRANSPORTATION CONFERENCE SPONSORED BY THE CARIBBEAN CENTRAL AMERICAN ACTION, INC. RATIFY/APPROVE/CONFIRM WILLIAN S. TEASDALE FOR ADDITIONAL PROFESSIONAL SERVICES ON THE DINNER KEY MARINA RENOVATION AND EXPAN- SION PROJECT PLANS IN CONNECTION WITH NO- VEMBER 4, 1985 AGREEMENT; ETC.... ACCEPT BID OF M. VILA & ASSOCIATES, INC. IN THE AMOUNT OF $167,452.45 FOR CITYWIDE HIGHWAY IMPROVEMENT PHASE III; ETC..... ACCEPT BID OF ROSE ENGINEERING CONTRACTORS IN THE AMOUNT OF $481,605.00, FOR LOCAL DRAINAGE PROJECT E-56; ETC... ORDERING CITY WIDE HIGHWAY IMPROVEMENT - PHASE IV H-4526 AND DESIGNATE THE PROPER- TY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST; ETC.... ORDERING FAIRLAWN SOUTH SANITARY SEWER IMPROVEMENT SR-5515-C AND DESIGNATE THE PRO- PERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST; ETC.... RESCIND CONTRACT WITH AL MARTIN INDUSTRIES, INC. AND EXECUTE A CONTRACT WITH MET CONS- TRUCTION, INC. FOR THE ORANGE BOWL RECEPTION ROOM; ETC.... ACCEPT BID OF ANTENNA SPECIALISTS COMPANY FOR FURNISHING FIREFIGHTING PERSONAL ALERT SAFETY SYSTEM UNITS TO THE DEPARTMENT OF FIRE, RESCUE $ INSPECTION SERVICES AT A TOTAL COST OF $16,940. 86-671 86-672 86-673 86-674 86-675 86-677 86-678 86-679 86-680 86-681 9 i w. R1 smNuricaj ACCEPT BID OF CAIRNS & BROTHERS, INC. FOR 86-682 FURNISHING FIREFIGHTING PROTECTIVE CLOTHING TO THE DEPARTMENT OF FIRE, RESCUE & INSPEC- TION SERVICES AT A TOTAL COST OF $9,600.; ETC.... ACCEPT BID OF CEDARS MEDICAL CENTER FOR 86-683 FURNISHING RADIOLOGY SERVICES TO THE DEPART- MENT OF PERSONNEL MANAGEMENT ON A CONTRACT BASIS FOR ONE YEAR AT A TOTAL COST OF $12,250.; ETC.... ACCEPT BID OF BARCO CHEMICAL, INC. FOR 86-684 FURNISHING TWELVE (12) INDUSTRIAL VACUUMS TO THE DEPARTMENTS OF SOLID WASTE AT A TOTAL COST OF $8,992.80; ETC... ACCEPT THE BID OF BRUNING COMPANY FOR FUR- 86-685 NISHING BLUEPRINT REPRODUCTION PAPER SUP- PLIES ON A CONTRACT BASIS FOR ONE (1) YEAR TO THE DEPARTMENT OF PUBLIC WORKS AT A TOTAL COST OF $8,000.; ETC..... ACCEPT THE BID OF FENCE MASTERS, INC. FOR 86-686 FURNISHING ALL LABOR AND MATERIALS FOR INSTALLATION OF FENCING AT EIGHT (8) CITY POOLS TO THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES AT A TOTAL COST OF $144,135.; ETC..... ACCEPT THE BID OF JOHNSON CONTROLS, INC. 86-687 FOR FURNISHING AIR CONDITIONING MAINTENANCE AT THE COMPUTER DEPARTMENT ON A CONTRACT BASIS FOR ONE YEAR TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ($7,212.). ACCEPT THE BID OF G. EL METCALF AND COMPANY, 86-688 INC. FOR FURNISHING APPROXIMATELY 2,500 CU. YDS. OF RED CLAY AT A COST OF $16.30' PER YARD, ON A CONTRACT BASIS OF ONE YEAR TO ALL CITY DEPARTMENTS (PARTICULARLY, DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES.) ($40,750.). ACCEPT THE BIDS OF UNDERWATER UNLIMITED, 86-689 INC. AT A PROPOSED COST OF $5,511.60, AND SCUBA TUTORS, INC. AT A PROPOSED COST OF $3,100. FOR FURNISHING SCUBA GEAR EQUIP- MENT TO THE DEPARTMENT OF FIRE, RESCUE & INSPECTION SERVICES; ETC..... jD:rLFwZ • IDEN711 I1ATSON ACCEPT THE BID OF E.V.F., INC. FOR FURNI- SHING MODIFICATION OF CITY VIHICLE TO A MOBILE COMMAND POST TO THE DEPARTMENT OF FIRE, RESCUE & INSPECTION SERVICES; ETC.... ACCEPT THE .BID OF AL HILL ENTERPRISE CORP. FOR INSTALLATION OF A SANITARY SEWER LINE AT GRAPELAND PARK TO THE DEPARTMENT OF GENERAL SERVICES ADNISISTRATION ($12,380.). AUTHORIZE CITY MANAGER TO ACCEPT A RENTAL REHABILITATION ' PROGRAM GRANT FROM HOUSING AND URBAN DEVELOPMENT (HUD) FOR AFFORDABLE HOUSING ($155,000.). RESCIND THE AWARD TO STARDUST JANITORIAL AND LAWN SERVICES, ALEX GROUNDS DOCTORS; AND E. & L. LAWN AND TREE SERVICE; ACCEPT THE BID OF MAHOGANY NURSERY AND LANDSCAPING AND J. W. MAINTENANCE FOR MAINTENANCE OF CITY PARKS. APPROVE EXPENDITURE TO REINBURSE THE CITY OF NICE FOR DECORATING AND MAINTAINING THE CITY OF MIAMI DISPLAY WINDOW IN NICE CONVENTION CENTER. AUTHORIZE CITY MANAGER TO EXTEND THE TERMS OF NOVEMBER 6, 1985 AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT, INC. (MCDI); ALLOCATE $30,000. FOR THREE MONTHS UNTIL AUDIT IS COMPLETE. AUTHORIZE CITY MANAGER AND CITY ATTORNEY TO COMMENCE PROCEEDING FOR REMOVAL OF BETTE & BERT BAYFRONT 66 MARINA, INC. A/K/A MARTIN TRITT, FROM CITY OWNED PROPERTY ON WATSON ISLAND. DESIGNATE THE CITY OF KAOHSIUNG, TAIWAN, REPUBLIC OF CHINA, AS A -SISTER CITY" OF THE CITY OF MIAMIA, FLORIDA. 86-690 86-691 86-692 86-693 86-694 86-695 86-696 86-697 DESIGNATE AAS CATEGORY "B- PR03?,CT, THE 86-698 CONVERSATION OF RETAIL SPACE, ADJACENT MALL AND SERVICE AREAS AT JAMES L. KNIGHT INTERNATIONAL CENTER INTO EXHIBITION SPACE. ONE YEAR EXTE14SION OF EMPLOYMENT PAST AGE 86-699 OF 72 FOR ROSE MARTIN, DEPARTMENT.' OF FIRE. A w:ucon imursextioN APPROVE IN PRINCIPLE THE ATTACHED "RESOLU- TION OF UNDERSTANDING BETWEEN THE CITY OF MIAMI AND DADE COUNTY RELATING TO MIAMI RIVER AND ITS TRIBUTARIES EAST OF THE SALI- NITY STRUCTURE AT 36TH AVENUE". ALLOCATE $140,000. TO LEASE THIRTY (30) AUTOMOBILES FOR POLICE DEPARTMENT FOR OPERA- TION OF S.T.I.N.G. (STRATEGY TO INHIBIT NARCOTICS GROWTH), ETC... CLAIM SETTLEMENT: ALBERT MINTUS $95,000. ACCEPT THE BID OF WIMERSTUBBS/HUSSEY SEATING CO. FOR FURNISHING TELESCOPIC SEATING AT COCONUT GROVE EXHIBITION CENTER ($106.64 PER SEAT) FOR 1,590 SEATS ($169,557.60). ACCEPT TWO FEDERAL HISTORIC PRESERVATION GRANTS-IN-AID AND EXECUTE AGREEMENTS WITH THE FLORIDA DEPARTMENT OF SOATE, DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT. AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT #3 TO THE AGREEMENT WITH O'LEARY SHAFER- CASIOM, P.A., CONSULTANTS FOR RENOVATION OF MOORE PARK. AUTHORIZE CITY MANAGER TO EXECUTE AN AMEND- MENT TO SECTIONS 1, 3, 7, 8, 10 AND 11 OF LEASE AGREEMENT WITH THE ORANGE BOWL COMMITTEE FOR USE OF THE WAREHOUSES AT N.W. 11 AVENUE AND N.W. SOUTH RIVER DRIVE. RATIFY/APPROVE AND CONFIRM THE ACTIONS OF CITY MANAGER IN FINDING THE PURCHASE AND INSTALLATION OF THEATRE CHAIRS FOR CITY COMMISSION CHAMBER AT CITY HALL. AU- THORIZE THE EMERGENCY PURCHASE OF SAID CHAIRS TO IRWIN SEATING CO. RATIFY CITY MANAGER AUTHORIZATION TO ISSUE EMERGENCY PURCHASE ORDER FOR PURCHASE OF HURRICANE SHUTTERS FOR THE DON HICKMAN BUILDING. ACCEPT THE BID OF EPSARY FOUNDATION CO., IN THE AMOUNT OF $87,760. FOR DINNER KEY MARINA (PLUS ITEMS A AND B) - PILE REPLACEMENT. ETC.., 86-701 86-702 86-703 86-704 86-705 86-706 86-709 86-712 86-713 86-715 r Alwkh�, - uM �ND t-;.ail � tCO- NTIN-UED vet Kon immiricasoN APPOINT: CARLOS BATISTA, MARK REEVES, AND PERRY HOWARD TO CITY OF MIAMI HERITAGE CONSERVATION BOARD; ETC... APPOINT: GEORGE WESLEY POWELL TO THE CITY'S CODE ENFORCEMENT BOARD; ETC... APPOINT: GEORGE M. KOONCE JR. TO THE DADE COUNTY AUDIT REVIEW COMMITTEE. ACCEPT THE COMPLETE WORK OF IRWIN-GREENWELL, INC. AT A TOTAL COST OF $190, 783.54 FOR EAST LITTLE HAVANA HIGHWAY IMPROVEMENT - PHASE I - (BID "A") DISTRICT H-4487; ETC.... CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF BUENA VISTA HIGHWAY IMPROVEMENT - PHASE I - H-4475. AUTHORIZE AN INCREASE IN THE CONTRACT AMOUNT OF $30,000. WITH MET CONSTRUCTION, INC. FOR ORANGE BOWL - JOIST REPLACEMENT - 1986. APPOINT: ANA MAGDA GUILLEN TO THE CITY OF MIAMI AUDIT ADVISORY COMMITTEE. APPROVE PURCHASE OF MAINTENANCE SERVICES AND RELATED SUPPLIES FOR PHYSIO CONTROL LIFE SUPPORT EQUIPMENT FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES; ETC.... ALLOCATE $6,000. TO COVER THE COST OF USING COCONUT GROVE EXHIBITION CENTER IN CONNECTION WITH A LATIN DANCE "BAILS LATINO" CON- DUCTED BY UNITED CEREBRAL PALSY ASSOCIATION OF MIAMI ON NOVEMBER 1, 1986. ALLOCATE $1,400. TO COVER THE COST OF USING ROBERT KING HIGH PARK FOR A FESTIVAL TO BE CONDUCTED BY ROLANDO PADRON, PRESIDENT OF MUNICIPIOS, OCT 18-19, 1986; ETC... CLOSE STREETS FOR THE GREAT COCONUT GROVE MIKE RACE ON OCTOBER 12, 1986; ETC... 86-716 86-717, 86-719 86-720 86-722 86-723 86-724 86-725 AUTHORIZE CITY MANAGER TO EXECUTE A LAND USE AGREEMENT WITH MIAMI SPORTS AND EXHIBI- TION AUTHORITY CONCERNING THE DEVELOPMENT OF A MULTI -PURPOSE COLISEUM WITHIN THE CITY OF MIAMI. REAPPOINT: ROSE GORDON AS A MEMEBER TO THE BOARD OF TRUSTEES. ACCEPT THE BID OF TOXICOLOGY TESTING SERVICE FOR FURNISHING LABORATORY SERVICES TO THE DEPARTMENT OF PERSONNEL MANAGEMENT FIRST YEAR $60,000.; ETC... AUTHORIZE CITY MANAGER TO EXECUTE THE AT- TACHED AGREEMENT WITH THE CITY'S CABLE TELEVISION LICENSEE. DESIGNATE AS A CATEGORY "B" PROJECT THE EXPANSION AND RENOVATION OF COCONUT GROVE EXHIBITION CENTER. 86-742 86 444 86-745 86-746 86-748 1